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HomeMy WebLinkAboutMinutes 06-17-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 17, 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 Recreation Director Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Robert Lefever Summer Beautification Award (Commercial) Doug Wilson Enterprises, Inc., 6115 N. Atlantic Ave.(Ro..) Judy Hale, Beautification Board Chairperson, recognized Doug Wilson, of Doug Wilson Enterprises, Inc. as the Commercial Property Award winner. Mr. Wilson expressed that it was an honor to receive the award in light of the minimal amount of rain at this time. Waste Management Presentation Mayor Randels invited Mr. Jim Tuggle, Operations Manager with Waste Management, to present the Keep Brevard Beautiful Award to Jim and Judy Hale for their recycling and beautification efforts. Mr. Tuggle informed of how Mr. and Mrs. Hale have been instrumental in educating the pubfic on litter. On behalf of Waste Management, Keep City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 2 of 14 Brevard Beautiful sponsors, Mr. Tuggle recognized the Hales as the recipients of this year's Keep Brevard Beautiful Litter Reduction Award. In summary, Mr. Tuggle related on how the Hales were Keep Brevard Beautiful site captains and active in the Adopt -A- Road program and the Hales also participated in community events, at times working tirelessly for the annual Surf Fest and Spring Fest. Florida Green Building Coalition, Inc. by Mr. Robin Vieira, Director of Buildings Research, Florida Solar Energy Center. Mayor Randels thanked Walter Bandish, Public Works Director for inviting Mr. Robin Vieira. Mayor Randels explained how Mr. Vieira would discuss Green Local Government Designation Standards for Cities and Counties and Setting the Standards of Green Buildings in the State of Florida. Mayor Randels introduced Mr. Vieira saying that he had over 20 years of experience in hot, humid climate building research. Mr. Vieira has led efforts in residential auditing, field evaluation projects, surveys, statistical work, computer simulation and analysis. Mr. Vieira directed the Florida Solar Energy's residential Energy Gauge software development and has led many workshops and seminars related to sustainable development. He is the author of the book, " Energv Efficient Florida Home Building and currently sits on the Board of Directors of the Florida Green Building Coalition. He holds a Bachelor of Arts Degree in Physics, a Master of Science Degree in Applied Solar Energy and a Master of Business Administration. Mr. Vieira addressed the audience and displayed a photo of the Florida Solar Energy Center [FSECj in Cocoa. He invited the audience to participate in the Thursday tours which were available to the public. He noted solar research: solar electric, also called Photovoltaics, and solar thermal which relates to pool and hot water heating. Mr. Vieira recognized the FSEC's 35 staff member solar building group who works toward solar energy efficiency as well as their separate hydrogen research group. He acknowledged that the Center conducts kindergarten through 12 grade education and training. And lastly, Mr. Vieira noted a course related to the Florida Green Development Designation. Mr. Vieira stated how setting a standard would certify a building as a "green" building. He addressed the current (5) Florida Green Building Standards as: Homes, Developments, Cities and Counties, Commercial and Public, and High Rise Residential. He stated that the most popular commercial standard was conducted by the U.S. Green Building Council called: LEED - Leadership in Energy and Environmental Design, which also has a home program and will soon have one for Developments. Mr. Vieira stated that "green" standards were voluntary, point based, and used checklists to help develop environmental stewardship. Mr. Vieira displayed the Green Local Government reference guide. He stated that cities and counties would choose to go through this process. Mr. Vieira stated how this guide would apply environmental best practices across every City and Council function. This reference guide would be a tool to look at those functions, to consider how "green" they City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 3 of 14 are currently, to calculate their percentage of "green" standards, and to determine if a standard level of silver, gold, or platinum level "green" practices was reached. Mr. Vieira reviewed some of the Standard Categories as: Lead by Example which is a "green" process to which the City or County commits to changes in in -house processes; Control which are incentives, regulations or ordinances that foster "green" building; and Education which are steps taken to educate City or County staff, local industry professionals, and citizens. He reviewed the Spreadsheet Tool which helped to calculate the number of "green" building points. Mr. Vieira recounted the six local governments certified as "green" cities which are: Pinellas County, the City of St. Petersburg, the City of Dunnedin, Orange County, the City of Tamarac, and City of Tallahassee. There are ten cities in the designation process; however none in Brevard County at this time. The Florida League of Cities and Florida League of Mayors have endorsed the "green" standards. In conclusion, Mr. Vieira stated that some Cities and Counties were developing model "green" Ordinances. The Florida Green Building Coalition drafted a model Ordinance which could be found at www .MyFloridaGreenBuilding.info. He also named the web sites of www.FloridaGreenBuildinq.orq for the Florida Green Building Coalition and www.FloridaEnergvCenter.org for the Florida Solar Energy Center for more information. Mr. Ray Osborne questioned the difference between "sustainable building practices" and "green" building." Mr. Vieira explained that if "green buildings" were in discussion, then it was a matter of certification. Ms. Roberts asked if "green" buildings included other measures such as recycling, energy efficient vehicles, alternative fuels, etc. Mr. Vieira explained how Green Local Government went beyond "green" buildings and was more comprehensively considered within "green practices" which would include the related functions of "green" purchasing and "green" building measures. Ms. Roberts inquired about Cape Canaveral's first step to become a "green" City. Mr. Vieira replied that the initiating work required staff time to develop a rough draft of the "green" measures currently practiced in the Departments. The next step would be a team approach to analyze these practices, then to return to the Council with the overall time needed for a comprehensive of what was being done and to consider what could be done. Mr. Petsos inquired about compressed air vehicles; however, Mr. Vieira was unaware of that research as it related to vehicles. Mr. Doug Wilson questioned if "green" building construction would change the Southern Building Code and how much "green" building cost would impact construction. Mr. Vieira responded that the Building Codes, by reason of the Governor's directive to the Florida Building Commission, would be 15 percent more efficient using "green" building construction. Mr. Wilson asked who would perform the "green" building review. Mr. Vieira replied that there were Home Energy Raters who could perform audits of existing homes, or help people with new homes comply with the Green Home Program. There was also the Energy Home Start Program and Florida Power and Light's Build Smart program. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 4 of 14 Mr. Vieira then addressed Mr. Wilson's question related to the "green building" costs. He stated that a builder could seek one of the various green building energy savings levels- platinum, gold, or silver- for a reasonable cost based on the builder's anticipated return on their investment. Mr. Vieira stated that "green" concepts should begin during the design phase, saying that retrofitting was expensive. Ms. Roberts observed that one of the things Mr. Vieira was bringing to the City's attention was the educational aspect of "green" practices. The checklist would serve as a gauge to assess its current energy status and enable the City staff to identify areas for improvement. Mr. Vieira left a sample checklist and stated that a checklist was also available online. REPORTS: City Manager Mr. Boucher reported that the City was petitioned to annex property at its southern border - 315 Grant Avenue [which intersects at Ridgewood Avenue.] Mr. Boucher announced the Wednesday- Friendsday on July 2 n at 5:30 P.M. sponsored by the Cocoa Beach Area Chamber of Commerce and hosted by the Cape Canaveral Business and Cultural Development Board this year inside of the Radisson Convention Center. He stated that there were 21 registered tables and 19 tables available. Cost is $25.00 for Cape Canaveral business; $50.00 for non- City businesses. Mr. Boucher reported that Ms. McIntire submitted the School Resource Officer letter for Council's review. He needed Council's immediate reply. Mr. Boucher reported that he and the City Treasurer anticipated distributing the Proposed Budget to City Council by the first week in July. STAFF Recreation Director • No report. Building Official • Mr. Morley distributed a Resort Dwellings status report. He informed that his goal within the next three to four weeks was to contact those in jeopardy type status and assist in meeting the deadline. • Mr. Morley announced that Burger King planned to open on Sunday, June 22 " Mr. Jim Tuggle, Operations Manager, Waste Management, Inc. addressed the Council and stated that the company resolved the previously identified dumpster deodorization concerns. Mr. Tuggle informed that the drivers were using both the enzyme product and the deodorant crystals to reduce odor in the dumpsters. Mr. Petsos noted the number of small piles of yard waste; however, no tags were attached to explain their lack of pick up. Mr. Tuggle took note. Mr. Petsos also noted City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 5 of 14 deteriorated recycle containers. Mr. Tuggle stated that he would make a supply available at City Hall. Ms. Roberts asked if Waste Management, Inc. had a business partnership with the Florida Solar Energy Center. Mr. Tuggle stated that he was unaware of a partnership; however, he affirmed that the company was environmentally conscious as their slogan reads 'Think Green." Mayor Pro Tem Hoog requested that the drivers take greater precaution and drive more slowly especially since school was out of session. Mr. Tuggle ensured that he would include this topic in their Safety meeting on Thursday, June le. Mayor Randels noted how previously the driver's name was displayed on the vehicles. Mr. Tuggle stated that this practice was eliminated over time; however, he would inquire as to why it was no longer done. Ms. Roberts requested a presentation from Waste Management on some of their "Think Green" initiatives. Mr. Tuggle took note. Mr. Osborne asked if Waste Management could participate with recycling efforts at the City's community celebrations. Mr. Tuggle took note. Ms. Lois Palmer addressed how the wheels kept falling off the Carts. Mr. Tuggle explained how the driver's Cart debris removal operation was the cause of the wheel malfunction. He stated that the driver's carried spare wheels in their vehicle and were directed to make wheel repairs on -site. Ms. Roberts thanked Mr. Tuggle for using the deodorizing crystals at the condominium dumpsters. Mr. Tuggle affirmed for Mr. Osborne that recycling containers were available at the commercial level; however, not in the City. Public Works Director • No report. City Clerk • No report. CITY COUNCIL Council Member Nicholas Mr. Nicholas requested copies of the three Proposals submitted for the City Oral History Project. Mr. Boucher affirmed that the Proposals were under his evaluation. Mr. Nicholas also requested a copy of the new Planning and Development Director's resume [and application]. Council Member Petsos Mr. Petsos inquired about the next scheduled Sign Code Ordinance Workshop meeting. Attorney Garganese replied he would schedule for it some time in July. Mr. Petsos inquired about the availability of placing an audio of the Meeting minutes on the web site. The City Manager took note. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 6 of 14 • Mr. Petsos noted that street sweeping occurred on garbage pick -up day which prevented a thorough job. He requested coordination of the two functions. • Mr. Petsos inquired about delineating the four parking spaces at the Cape View Elementary School kindergarten. He requested a No Parking Unless During School Hours sign. The Public Works Director took note. • Mr. Petsos addressed parking fees as a budgetary issue. Ms. Bowers would provide the information to City Council on Wednesday, June 18". Mayor Pro Tom Hoog • Mayor Pro Tern Hoog brought out his position relative to the City Advisory Boards. He conveyed some of the biased opinions he had heard during the Planning and Zoning Board Meetings regarding the applications under review. Mayor Pro Tom Hoog stated how Board Members accused Mr. John Johanson of things that were not relative to his project. He stated how Ms. Bea McNeely, Board Chairperson, refused to allow Mr. John Porter's project on the Planning and Zoning Board Agenda with no valid explanation. Mayor Pro Tern Hoog expressed his embarrassment of a previous Planning and Zoning Board meeting due to its lack of order. Mayor Pro Tern Hoog requested that the Council concur with his request to remove Ms. McNeely from the Planning and Zoning Board effective immediately. A motion was made by Mayor Pro Tom Hoog and seconded by Mayor Randels to Remove Ms. Bea McNeely from the Planning and Zoning Board. [No action taken.] Mr. Petsos requested a copy of the Planning and Zoning Board Meeting Minutes before making a decision. Ms. Roberts stated that if the City Council had a situation in which a Board Member was facing a disciplinary action, then she preferred for the Council to provide a warning or advisement first. Ms. Roberts stated that part of Council's role was to work with the Boards and advise them on desired behavior, and give them a chance to correct their behavior. If corrected behavior did not follow, then Council should take action. Mr. Nicholas stated that Board members were appointed by Resolution and should be removed by a similar action. Mayor Pro Tern Hoog stated that the Council has held previous sessions with the City Attorney to educate the Boards on appropriate behavior; however, biased behavior continues. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Table the Item Until Each Council Member has the Opportunity to Examine, Verify, and Make an Opinion at the Next Meeting on Mayor Pro Tom Hoog's Request to Remove Ms. Bea McNeely from the Planning and Zoning Board. The vote on the motion carried 5-0 with voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 7 of 14 Mayor Randels • Mayor Randels announced that William Lawrence was named Commander of the Coast Guard. • Mayor Randels announced that volunteers were needed for the Space Coast Rolling Readers. He passed the information to the City Manager. • Mayor Randels announced that the City's water quality was again tested and rated for visibility (exceptionally good), salinity (29.0 — A), pH (8.3), dissolved oxygen (5.4) with an overall water grade of A. • Mayor Randels recalled that the City purchased twenty lifesaver bracelets from the TRIAD for persons identified with Alzheimer's disease which were still available. He encouraged residents to obtain these free lifesaving devices for those who have need of them. He would pass on the information if the City desired to allow non - residents to avail themselves to this opportunity. Council Member Roberts • Ms. Roberts questioned when Mr. Boucher planned to schedule the Capital Purchases meeting. Mr. Boucher replied some time in July. • Ms. Roberts requested Minutes from the half -day Goals and Objectives meetings and the related follow -up actions. Mr. Boucher stated that those actions would be incorporated in the upcoming Budget Meetings. • Ms. Roberts asked when Mr. Phil Laurien, Executive Director, of the East Central Florida Regional Planning Council, would make a presentation to the Council. Mr. Boucher stated some time in July when Mr. Laurien returned from his vacation. • Ms. Roberts inquired if the new Planning and Development Director could come to the City Council Meeting on July 1' since he would begin working on July 2 Mr. Boucher would coordinate his attendance. • Ms. Roberts announced that Senator Bill Nelson planned to hold his Commerce Committee Meeting at Canaveral Port Authority on Monday, June 23' at 9:00 A.M. in the Port Commission Meeting Room. The Economic Development Commission [EDC] would sponsor a rally, at 8:00 A.M. The EDC was attempting to provide community support with the transition issues related to the 3 -year gap moving from the shuttle program to the new Constellation Orion Program and its impact to approximately 6,500 employees. • Ms. Roberts referred to State Representative Sasso's suggestion of a liaison with the Port Authority. Ms. Roberts offered to assume that function if Council desired to take action at another meeting. • Ms. Roberts referred to the unfunded mandate letter that the City planned to send to Senator Haridopolous. Mr. Boucher affirmed that he was working on the letter. • Ms. Roberts inquired about the 45"' Anniversary Celebration. Mr. Boucher replied that this has been incorporated into the City's current activities. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 8 of 14 Ms. Roberts suggested for the Council to hear a brief synopsis of Mr. Ray Osborne's new book about Cape Canaveral at a future Council Meeting as was done with Ms. Dianne Marcum's book. Council agreed. Ms. Roberts reported that Ms. Laura Canady, J.D., Community Development Director, City of Satellite Beach, gave a successful presentation to the Planning and Zoning Board on Wednesday, June 11 h , related to Satellite Beach's Community Redevelopment Agency efforts. Ms. Roberts suggested that Ms. Canady give a brief presentation for the Council. Mr. Boucher affirmed that he would extend the invitation. AUDIENCE TO BE HEARD: • Mr. Ray Osborne distributed his list of concepts related to a "Green Agenda." • He suggested looking at the Brevard County Ordinance No. 62 -2106. • Mr. Osborne also suggested seeking environmental sources of revenue, such as the use of Wind Farms, Biofuels, and Solar Energy. Ms. Roberts suggested that the Public Works Director include Mr. Osborne's list with the Florida Green City's Standards. Mr. Boucher recommended that the City perform the green audit first in order to identify the City's existing "green practices." CONSENT AGENDA City Council Regular Meeting Minutes of June 3, 2008. 2. An Outdoor Entertainment Permit for the Brevard County Traveling Skate Park at the Youth Center on Saturday June 28"'. 3. Outdoor Entertainment Permit for the National Night Out on August 5 th Mayor Randels asked if any Council Member, Staff, or interested party desired to remove an Item from the Consent Agenda for discussion. In reply to Mayor Randels' question of why grammatical changes were noted in her corrections, Ms. Roberts stated that it was her understanding that this was the forum for any amendments to the City Council Meeting minutes. [Ms. Roberts list of corrections for the June 17 Meeting are attached.] A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 3 with Amendments to the Meeting Minutes of June 3rd. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 9 of 14 ORDINANCE: First Public Hearina: 4. Motion to Approve: Ordinance No. 07 -2008; Amending Chapter 70, Article III, Related to Local Business Tax Receipts, Defining and Designating the Business License Official, at First reading. Attorney Garganese read the Ordinance No. 07 -2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 70, ARTICLE 111, OF THE CITY CODE RELATED TO THE LOCAL BUSINESS TAX RECEIPTS; DEFINING THE TERM "BUSINESS LICENSE OFFICIAL" AND DESIGNATING THE BUSINESS LICENSE OFFICIAL AS THE OFFICIAL CHARGED WITH ADMINISTRATION AND ENFORCEMENT OF LOCAL BUSINESS TAX RECEIPT REGULATIONS; MAKING MISCELLANEOUS CONFORMING AMENDMENTS FOR CONSISTENCY IN CHAPTERS 6 AND 10 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese noted the intent of the Ordinance to strike the language "city treasurer," and insert, business license official in Section 70 -81, Transfer of Receipt Paragraph (a). Mr. Morley replied to Ms. Roberts' question of his consent that he agreed with the Ordinance. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 07 -2008 at First Reading. The vote on the motion carried "with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 5. Motion to Approve: Ordinance No. 08 -2008; Amending Chapter 26, Elections, Changing the Qualifying Period for Candidates for the Office of Mayor and City Council, Consistent with the Requirements of the Brevard County Supervisor of Elections, at First reading. Attorney Garganese read Ordinance No. 08 -2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR THE CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 10 of 14 Attorney Garganese explained that this Ordinance would change Section 26 -3, Qualifyin of the City Code. Due to Legislation, which changed the Primary date, the Brevard County Supervisor of Elections advised municipalities that may have a conflict between their qualifying date and the new Primary date to move their qualifying to begin and to end one week earlier for the purpose of compliance. The new Qualifying Dates are 88 days and 74 days prior to the General Election on November 4, 2008. Mayor Randels clarified that this change of qualifying dates would remain unless there were further changes in Legislation. Ms. Roberts inquired about re- setting the Elections to align with the Brevard County elections and asked if this were the Section to make that change. Attorney Garganese stated that an amendment to re-set the dates of the City's General Election was a separate issue. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve Ordinance No. 08 -2008 at First Reading. The vote on the motion carried 5-0 with voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATION 6. Motion to Approve: Designation of a Voting Delegate for the Florida League of Cities Annual Conference. After the Mayor polled the Council Members who would attend the Florida League of Cities Annual Conference in August, Ms. Roberts nominated Mayor Pro Tem Bob Hoog as the City's Voting Delegate. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve of Mayor Pro Tom Bob Hoog as the Voting Delegate for the Florida League of Cities Annual Conference. 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. DISCUSSION: 7. Amending Building Height in the C -1 and C -2 Commercial districts to 65 -Feet, Limited to (5) Stories. Mayor Randels explained this item for discussion as a request for the City Council to review and act upon the Planning and Zoning Board's recommendation of February 7, 2008. Their recommendation was to increase the building height in the C -1 and C -2 Commercial Zoning District to 65 -feet limited to five stories. Mayor Randels stated that he was seeking the Council's consensus to take action at some point. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 11 of 14 Mr. Petsos referred to a previous Council Meeting in which the Council unanimously agreed to have the City Attorney draft a Referendum. Attorney Garganese stated that he and the City Manager were seeking direction from the Council. Mr. Nicholas stated that he had requested to review the actual 1973 Referendum question. Mr. Boucher replied that the Ordinance and Certificate of Canvassing was available; however, the Certification did not include the Referendum question. Ms. Roberts referred to one part of the discussion on 45 -feet maximum for multiple - family, offices, churches, hotels, and motels; however, discussion followed on 60 -feet for the T -1, Tourist District. She stated that the discussion seemed to reflect a dual will of the voters. Mayor Randels stated that a Notice was published in the Titusville, " Star Advocate." in 1973 on February 26"', March e, 12"', and 19th of an "Initiative Petition Ordinance." Ordinance No.12 -71 would restrict the maximum density structures. Ms. Roberts stated that 45 -feet would be allowed in some areas, but 60 -feet in the T -1 Zoning District. Mr. Nicholas clarified his intent of requesting a copy of the Referendum question, was to seek the City Attorney's position if the same type of Referendum question could be done. Attorney Garganese explained that since1971[3] Referendum question addressed more than height, he would not use the same language. As stated at the last City Council Meeting, Attorney Garganese stated that there currently was no height limitation in the City Charter. If the Council desires a provision in the Charter, then the Council would then place a restriction into the Charter limiting height and establishing where those restrictions would be located. Attorney Garganese explained City Council's three possible aspects as: First, limiting height throughout the City with everywhere else as an exception. Second, Council could choose a straw poll which was non - binding on the City Council asking whether the City Code should be amended to increase height. Third, the Council could dispense with the Referendum since in his view this Council had the authority to change the height by amending the zoning code. Attorney Garganese explained that if the Council desired to amend the Charter, then that needed to proceed to the voters. Council did not need to go to the voters to amend the Zoning Code; however, if the Council desired to amend the Zoning Code, they could choose a non - binding Referendum. A binding Referendum should be part of the City's Charter. Ms. Roberts reviewed the intent of the voters in March of 1973 as 45 -feet for one part of the City and 60 -feet for another part of the City. She asked what would change if there were a 60 -feet provision which appeared to be in the same Commercial Zoning District under discussion. Mr. Nicholas clarified that a T -1, Tourist Zone, was formerly anticipated for an area next to the Banana River. Mayor Randels sought consensus on whether the Council desired to direct the City Attorney to draft a Referendum, or would the Council take action to increase the building height. Ms. Roberts asked if the current Ordinance provided for the development of the Commercial District consistent with the 60 -feet and City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 12 of 14 was it necessary for the Council to make a change at this time with regard to the height issue. Mayor Randels clarified that T -1 Zoning District no longer exists in the City's Comprehensive Plan. Discussion followed on a future Council's opportunity to hold a Referendum. Ms. Roberts expressed concern with the Council taking action on establishing a 65 -feet building height without conducting a Comprehensive Plan for the City as a whole. Ms. Roberts also expressed concern about taking action without guidance from those experts willing to assist the City" [ "with the lack of clear direction from those willing to assist the City",], such as that of the expertise of Mr. Phil Laurien, Laura Canady and the new Planning and Development Director. She stated that at this time the Council was not fully informed to make a decision arbitrarily on a 65 -feet height limitation. Ms. Roberts recommended moving progressively forward and at the end of the process the Council would have a solution which included participation from the community; however, at this time drafting a ballot would be done without the supporting research. Mr. Nicholas stated that currently the City was 93 percent built-out and Council needed to protect the people who might become subject to redevelopment and susceptible to high - rise construction next to their homes. He concluded that a binding Referendum was a means of preservation and it would provide the residents with an opportunity to participate in the process. Ms. Roberts stated that the City anticipated expert assistance in planning forward and she preferred to hear the expert opinions through an informed series of meetings. Mr. Nicholas reminded that there was no input from the residents on increasing the building height during the recent Comprehensive Plan Amendment review. Mayor Pro Tern Hoog emphasized the need in the City towards change. Mr. Petsos expressed how the increased building height would change the community aesthetic. Ms. Roberts expressed her concern with the overall development on State Road A1A and she also expressed her concern that no overlay has been presented related to the anticipated development. She stated that planning was not being comprehensively conducted and the Council could get a handle on planning using the available and anticipated expert help. Mr. John Johanson, 310 Adams Avenue, conveyed the success of Mr. Phil Laurien's presentation and he emphasized how Council needed input from him. He stated how the Council should take action, but with expert advice, and in a timely manner. Mr. Art Berger suggested using Development Agreements to address building heights. Mr. Ray Osborne referred to Minutes of a previous Planning and Zoning Board Meeting and questioned the issue of traffic which came out in that discussion. Mayor Randels clarified that the purpose of this discussion was the opportunity for the Council to change the building height increase as it related to overall development in the City and not just one project or one aspect of one project. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 13 of 14 Porter suggested that the Council direct their vision toward the City's developmental outcome and cause the prevalent issues to work for the City. First, Mr. Porter expressed his favor with the use of a Redevelopment Agency to capture tax dollars. Second, Mr. Porter recommended seeking a mutually beneficial partnership between the City and anticipated development in an effort to increase the value of City property. . Mr. Nicholas asked if there were any agreement to limiting residential building height. Ms. Roberts related on the residents concern over any building height increase and how a Referendum might allay those fears. Mayor Pro Tern Hoog asked if Mr. Nicholas was willing to proceed with increased building height in the C-1 corridor and Mr. Nicholas affirmed that he was seeking a compromise. Ms. Roberts summarized for clarification that the Council would, first, proceed to the voters with 45 -foot height limitation in the Residential Zoning District; and second, aggressively plan forward with the anticipated expert help of Mr. Phil Laurien, having Laura Canady return, and along with the Planning and Development Director comprehensively define the City's development to include the 45- height Referendum in the residential areas. Mr. Petsos clarified that he desired to hear from the residents through a Referendum and he also agreed with plans for State Road A1A, however, in its entirety. Mr. Boucher asked if Council had given their consensus for the City Attorney to draft a 45 -feet building height limitation for the Residential District only ballot question. Mr. Nicholas inquired about including the 65 -foot building height increase on the same ballot question. Ms. Roberts stated that she was not in agreement with voting on 65 -feet building height increase added to the Referendum question. She expressed her concern that all Council Members had not yet heard the expert input. Mayor Pro Tern Hoog agreed with Ms. Roberts. Attorney Garganese added that the 45 -feet height Referendum required the Local Planning Agency's review as it constitutes a Land Development Regulation. Ms. Joyce Hamilton, 110 Jefferson Avenue, asked why the Council was seeking a 65- feet Referendum when one already existed as 60 -feet in a T -1 Zoning District. Council members clarified that the T -1 Zoning District no longer existed in the City's Comprehensive Plan. Discussion further clarified that at one time the will of the people was a 60 -foot building height within a specified zone called the T -1, Tourist District. Ms. Lois Palmer, of Long Point Road, expressed her concern with a 65 -foot neighbor and requested that the residents be allowed to vote. Mr. Doug Wilson, 210 Holman Road, expressed his favor with a 45 -feet height limitation in the residential area and also expressed his favor with a 65 -foot building height increase in a portion of the commercial area on State Road A1A. Mr. Wilson stated that Cape Canaveral was too small for any development that was similar to Miami. He concluded that the Council needed to move forward and take action with the consideration that this would generate revenue for the City. City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 14 of 14 Ms. Gail Galt, 209 Holman Road, stated that she was a 30 -year Cape Canaveral resident and had heard the discussion at the Town Hall meeting. She emphasized the necessity of preserving the residential character of established neighborhoods in the City and she encouraged citizen participation in the process. Ms. Galt replied to Ms. Roberts that she was in favor of the 45 -feet Residential only building height ballot question; however, she was not in favor of the increased 65 -feet building height. Ms. Roberts restated the need for an aggressive, time - sensitive educational process with Mr. Phil Laurien, Ms. Laura Canady, and the new Planning and Development Director in order for the Council to reach a consensus toward the broader purpose of the discussion. Mayor Randels expressed concern that he had not heard the support of the Council taking action on the 65 -feet building height increase as recommended by the Planning and Zoning Board. Mayor Pro Tern Hoog stated that all of Council should see the presentation. Mr. Boucher clarified that discussion with Mr. Laurien could be covered in a series of meetings. Council members agreed that meeting with Mr. Laurien was the first step. City Attorney Will Draft a Referendum Question for a 45 -Feet Building Height Limitation in Residential Zoning Only Forwarding to the Local Planning Agency for Review. ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 P.M. a Susan tills, CMC, CITY CLERK Rocky Randels, MAYOR