Loading...
HomeMy WebLinkAboutMinutes 07-01-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 2008 7:00 PM MINUTES CALL TO ORDER ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Recreation Director Robert Lefever Public Works Director Walter Bandish Planning and Development Director David Barry Brown REPORTS: City Manager • Mr. Boucher distributed requests from the Economic Development Commission [EDC] for an appointee from the Council to serve as a liaison. Mr. Boucher stated that Mayor Randels has served in that capacity up to this time. Mr. Petsos expressed his interest in serving if the Mayor did not desire to continue in the position. Mayor Randels stated that he has been working on a Defense Infrastructure Grant; however, Mr. Petsos could serve as an alternate liaison. Ms. Roberts also expressed her interest in serving as an alternate. Mayor Randels informed that the EDC meetings were held quarterly and were open to the public. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 2 of 15 Ms. Roberts expressed her concern with the anticipated Space Program transition which would impact a number of United Space Alliance personnel and the EDC participation in support of that transition. Mr. Petsos reminded of State Representative Sasso's suggestion that the EDC communicate more cohesively which was also a concern for Mr. Petsos. Ms. Roberts stated that the EDC and Space Florida presented a parallel mission and coordinating these purposes into a singular voice would be helpful. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Nominate Mayor Rocky Randels as the Liaison to the Economic Development Commission and as Alternates Council Members Buzz Petsos and Shannon. Roberts The vote on the motion carried "with voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. • Mr. Boucher informed that the Florida League of Cities restructured their Legislative Committees with five instead of four members. Mr. Boucher named the five Legislative Committees as: Energy, Environmental Quality, Growth Management and Transportation, Finance and Taxation, Intergovernmental Relations and Urban Administration. Council Members could choose to serve on any of these. Mr. Boucher recommended that Council Members review and complete the Florida League of Cities Committees Form and return it to the City Manager's Office. • Mr. Boucher announced the, "Fly Me to the Moon," Wednesday - Friendsday on July 2nd at the Radisson Resort Convention Center. Ms. Roberts added that 15 registered vendors were Cape Canaveral businesses. • Mr. Boucher reported that the Proposed Budget was distributed and the First Budget Workshop was scheduled for Monday, July 7th at 5:30 P.M. There were no anticipated tax increases or personnel layoffs. • Mr. Boucher reported that Governor Crist signed the Clean Ocean Bill No. 1089. Ms. Roberts thanked Mr. Petsos for taking the lead also with State Representative Tony Sasso on this action. • Mr. Boucher announced that he would meet with Mr. Phil Laurien, Executive Director, of the East Coast Regional Planning Council, Mayor Randels, and Mr. Brown, on Thursday, July 3 for the purpose of obtaining photos and generating discussion for Mr. Laurien's presentation to the City Council on Tuesday, July 15 th . • Mr. Boucher introduced the City's new Planning and Development Director, Mr. David Barry Brown. Mr. Brown introduced himself to the Council and the audience. In summary, he worked for seven years with the City of Clermont, five of them as their Planning Director during Clermont's growth period and he looked forward to doing great things in the City of Cape Canaveral. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 3 of 15 STAFF Public Works Director No report. Recreation Director • Mr. Lefever acknowledged the success of the Rock and Skate Jam on Saturday, June 29 at the Youth Center. He informed that six business vendors participated in the event. There were 150 attendees, 75 skaters, of which 25 skaters entered the skate contest. Mr. Lefever stated that this would become an annual event to kick -off the summer season. He gave a special thanks to the Kiwanis Club for their help. Assistant Public Works Director • No report. Buildina Official • Mr. Morley updated the Council on their extension of a previous Tree Mitigation due to drought; however, Mr. Morley was notified that the drought was officially over. Therefore, he notified the respective party of the time to move forward with the Tree Mitigation plan. City Clerk • No report. City Attorney • No report. CITY COUNCIL Council Member Petsos • Mr. Petsos inquired about Law Enforcement presence on the beach during the July 4th weekend due to the cancelled Ron Jon's Fireworks Show. • Mr. Petsos also inquired about parking enforcement. Mr. Boucher replied that he requested Community Policing Officers to cover weekend shifts due the beach traffic. • Mr. Petsos asked if the City had heard any response from Brevard County related to the $7 million that the City sends to the County in tax dollars. Mr. Boucher stated that there has been no reply. He requested continued contact. • Mr. Petsos requested to cancel the Tuesday, August 5"' City Council Meeting in order to support the Law Enforcement National Night Out. Ms. Roberts asked for an alternative meeting on Thursday, August 7 Council members agreed to meet on Thursday, August 7th City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 4 of 15 A motion was made by Mr. Petsos and seconded by Ms. Roberts to Change the City Council Regular Meeting Date from Tuesday, August 5 to Thursday, August 7"'. The vote on the motion carried "with voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. Mr. Petsos recommended contacting our State Senator and State Representatives in light of the Florida Department of Transportation's reply that there was not enough traffic to warrant a turn lane arrow at the Central Blvd. and State Road A1A intersection. Mr. Petsos copied the State Legislature on this response and he would forward the response to the City Manager for distribution. Mayor Pro Tom Hooa • Mayor Pro Tern Hoog inquired about the street lighting on Thurm and East Central Blvd. Mr. Ratliff replied that Florida Power and Light has changed representatives frequently and he would need to meet with the latest representative to provide background on the City's needs. • Mayor Pro Tem Hoog informed that the Florida League of Cities has ten priorities on their Agenda for Resolutions being forwarded to the Legislature to become Bills. He reported that Environmental Permitting, which originated in Cape Canaveral, was second on their priority list. Mayor Randels • Mayor Randels apologized to Ms. Joyce Hamilton for his comment toward her at the previous City Council Meeting. • Mayor Randels recognized the comprehensive list of City Accomplishments that the Council received. He requested for this to become accessible to the public. Mr. Boucher took note that this could be placed on the City's web site. • Mayor Randels announced that Governor Crist signed Senate Bill No. 542 related to the Florida Forever Program. This Bill was influential in the City's purchase of the 10 -acre, Manatee Park and the 5 -acre, Banana River soccer field. The Bill will remain in effect until the year 2018. • Mayor Randels recognized that the new mowing contractor had begun working in the City and he noted that the firm planned to convert their mowers to propane. • Mayor Randels informed that he spoke at a meeting in Vero Beach related to the St. John's River Water Management District seeking a reduction in reclaimed water availability days. • Mayor Randels acknowledged the informative packet that he received from Ms. Roberts related to her attendance at the Senator Nelson hearing entitled, "Preparing for the Workforce Transition" at the Kennedy Space Center, on Monday, June 23, 2008 at the Canaveral Port Authori ty • Mayor Randels announced that the School Resource Officer would remain at Cape View Elementary School. • Mayor Randels reported that all of the City's reclaimed water had been used this month which meant dumping in the river was avoided. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 5 of 15 • Mayor Randels related on a successful fundraiser held for the Community Services Council, the Meals on Wheels sponsors, in Cocoa. Funds received were sufficient enough to refurbish their kitchen. Council Member Roberts • Ms. Roberts inquired about the anticipated Annexation at the City's south border which was introduced at the previous City Council Meeting. Mr. Boucher replied that the applicant has not yet submitted a formal letter requesting that annexation. • Ms. Roberts asked if there were any follow -up planned related to the Green Cities Presentation made at the previous City Council Meeting. Mr. Bandish stated that he would contact Mr. Robin Vieira of the Florida Solar Energy Center in the week to come. Ms. Roberts thanked Mr. Bandish for coordinating the presentation. • Ms. Roberts asked the Building Official if he planned to make a status report on Resort Dwellings at the Tuesday, July 15 City Council Meeting. Mr. Morley stated that he still planned to forward letters to those properties facing the Resort Dwelling deadline. There was Council consensus to have this information at the City Council Meeting on Thursday, August 7th • Ms. Roberts asked if there could be one single 48P Anniversary Celebration towards community recognition. Mr. Boucher took note. • Ms. Roberts inquired about the Minutes of the half-day Goals and Objectives Meetings with staff. Mr. Boucher replied that the Proposed Budget took precedent; however, the Minutes would become available. • Ms. Roberts inquired about the unfunded mandate letter that the City Manager planned to forward to Senator Haridopolos' office. Mr. Boucher informed that the letter was in progress. • Ms. Roberts inquired about Ms. Laura Canady's return after the City Manager's meeting with Mr. Laurien. Mr. Boucher took note that she would be invited to return. • Ms. Roberts inquired about the status of the left -hand turn signal on North Atlantic Avenue. Mr. Bandish replied that he planned to submit the utility contractor's name for the Agenda at the next City Council Meeting on July 15 The turn -lane work would begin approximately August 1 st . Mr. Bandish informed Council of the plans to demolish and close the intersection for a two -day period; otherwise, the project would require more time if utilizing one lane at a time. Mr. Bandish affirmed for Ms. Roberts that the community would receive a detouring strategy. Ms. Roberts informed of how pedestrians and cyclists were attempting to avoid puddles that developed during rain downpours along State Road AIIA which created a traffic hazard. Ms. Roberts sought consensus from the Council for a Gutter /Curb Program in an effort to resolve the issue and also to seek grant funding. Mr. Ratliff explained how a feasible Gutter /Curb concept plan was a first step prior to seeking grants funds from the Florida Department of Transportation. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 6 of 15 Mr. Boucher stated that this problem was the second priority sent to the Brevard Metropolitan Planning Organization [MPO] for their funding list. Ms. Roberts asked if there were consensus to make this a higher priority on the list. Mayor Randels took note and stated that he would obtain further information related to moving this up as a higher priority. Council Member Nicholas • Mr. Nicholas questioned the consequences of the City not agreeing with the St. John's River Water Management District's mandates regarding reclaimed water enforcement. Mr. Nicholas also noted how the City of Melbourne discharged their de- salination residue into the river with no recourse from the St. John's River Water Management District. Mr. Ratliff concluded that the cities were expected to provide water enforcement. AUDIENCE TO BE HEARD: • Mr. Tom Garboski, 303 Surf Drive, Cape Canaveral, noted a correction that he called in to City Hall related to the Public Meeting Agenda on the web site calendar. Mr. Garboski proposed this would make the Council Meeting improperly posted related to the issues of the Resolution to Remove Ms. Bea McNeely from the Planning and Zoning Board and the Building Height Ordinance. Mr. Boucher clarified that the Legal Ad required for the two Ordinances for Second Reading was properly posted in the Florida Today newspaper. Also, the posting requirement which was posting in the City Hall Lobby, had been met which did not include posting to the City's web site. • Mr. Ray Osborne referred to the previous City Council Meeting in which he submitted his Green Agenda and a copy of the County's mixed -use Ordinance No. 62 -2106. He stated that the Planning and Zoning Board and Community Appearance Board Meetings were both cancelled due to lack of business. However, he questioned why the meetings were being cancelled when there was anticipated discussion on mixed use. Mr. Boucher explained that the Planning and Zoning Board had received extensive education related to mixed use development through the presentations from Satellite Beach's Community Development Director, Laura Canady, and from the Executive Director of the East Coast Regional Planning Council, Mr. Phil Laurien. Mr. Boucher encouraged Mr. Osborne to attend the City Council meeting on July 15"' when Mr. Laurien would make his presentation. Mr. Boucher concluded that before embarking on re- development; community participation was essential. Mr. Nicholas added that professional input, such as that of the new Planning and Development Director, was also important. • Mr. Osborne inquired about the reviewing status of Oral History Bid No. 08 -03. Mr. Boucher stated that he planned to place this item on the City Council Meeting Agenda for July 1e. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 7 of 15 CONSENT AGENDA City Council Regular Meeting Minutes of June 17, 2008. Mayor Randels asked if any Council Member, Staff, or interested party desired to remove an Item from the Consent Agenda for discussion. [Corrections for the June 17 Meeting are attached.] A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Consent Agenda Items No. 1 with Amendments to the Meeting Minutes of June 17th. 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. ORDINANCES: Second Public Hearin 2. Motion to Adopt: Ordinance No. 07 -2008; Amending Chapter 70, Article III, Related to Local Business Tax Receipts, Defining and Designating the Business License Official, at Second Reading. Attorney Garganese read the Ordinance No. 07 -2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 70, ARTICLE III, 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. There was no public comment. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Adopt Ordinance No. 07 -2008 at Second Reading. 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. 3. Motion to Adopt: 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 Second Reading. City of Cape Canaveral Florida City Council Regular Meeting Agenda July 1, 2008 Page 8 of 15 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 WrrH 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. There was no public comment A motion was made by Ms. Roberts and seconded by Mr. Petsos to Adopt Ordinance No. 08 -2008 at Second Reading. 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. RESOLUTION: 4. Motion to Adopt: Resolution No. 2008 -4415; Removing a Member from the Planning and Zoning Board. (B. McNeely) Mayor Randels explained briefly that a Motion was made at the previous City Council meeting to Table the Item, a Resolution to Remove Ms. McNeely from the Planning and Zoning Board, in order for the City Council to examine, verify and make an opinion related to this matter. Attorney Garganese stated that the matter before the Council was a motion which was tabled to remove Ms. Bea McNeely as Chairperson from the Planning and Zoning Board. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Remove from the Table the Item for Each Council Member to Have the Opportunity to Examine, Verify, and Make an Opinion at the Next Meeting on Mayor Pro Tern Hoog's Request to Remove Ms. Bea McNeely from the Planning and Zoning Board. Mr. Nicholas stated that the Council needed to deliberate the situation in light of the community and Board members in the audience related to this item. Ms. Roberts stated that the more appropriate action on the City Council's part would have been to warn or advise any Board Member of their concerns as opposed to this action. She stated that the faimess process would be appropriate in this situation. Mr. Nicholas brought out that the City employees were subject to Personnel Policies and given progressive discipline steps and the same privilege should be extended to the City volunteer Board members. He related his concern with removing Board members recalling the removal of Ms. Karen Hayes from the Community Appearance Board. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 9 of 15 Mr, Petsos stated that Board members and staff were given inconsistent directions related to review from one meeting to the next. He stated that Ms. McNeely, if there were any error, erred on the side of caution on behalf of the City. Mr. Petsos stated how everyone in the community should be allowed to share their beliefs and the Boards should be allowed to share their opinions. He related that he listened to the audio and did not find the Board out -0f -- control as was expressed. Mr. Petsos related that the Board was inquisitive during Phil Laurien's presentation; however, they did not behave inappropriately. He stated with regard to the anticipated hotel issue, that the Council did not give the Board clear direction on whether or not to hear the matter. Mr. Petsos stated that Ms. McNeely had valid concerns over the City codes in the hotel matter, and in the absence of the City Attorney, she was reluctant to hear the matter. Mr. Petsos concluded that he would not support a motion for Ms. McNeely's removal. Ms. Roberts emphasized the importance for the Board and Council members to behave respectfully toward one another. Mayor Pro Tem Hoog recounted previous Council and Board training. He related how he heard snide remarks from Board Members; however, without apology, such as was done at this meeting by the Mayor. Mayor Pro Tem Hoog stated that the Council did not hear all of the remarks, for example, the June 10 Planning and Zoning Board meeting. Mayor Pro Tem Hoog concluded that the snide remarks, comments, and belittling needed to cease. Mayor Randels stated that he was unaware that the Board Chair had the authority to refuse to hear an application for a Planning and Zoning Board Agenda. Attorney Garganese explained how the Chairperson assisted in setting the Board Meeting Agenda. Council discussion brought out that all Board Agendas have a place for Public Comment. Ms. Roberts recounted how Mr. Porter conferred with the Building Official related to his accessory use; however, Mr. Porter was found not ready at the time the Board was scheduled to meet. Ms. Roberts stated that, as she understood the matter, he was not ready for a full Site Plan review before the Planning and Zoning Board. Ms. Roberts stated that as long as presentation was in compliance with the City code, then applicants would be allowed to make a conceptual presentation before City Council prior to review by the Planning and Zoning Board. Ms. Roberts recounted Mr. Porter's steps as: 1) to get agreement on the accessory use issue from the Planning and Zoning Board 2) then the matter would come to the Council as a conceptual discussion, and 3) the matter would proceed to the Planning and Zoning Board for a full Site Plan review. Mr. Morley clarified that staff review requires a checklist. However, Mr. Porter's Site Plan was not complete and therefore not ready for staff review. Mr. Nicholas brought out if the Council planned to continue review of "conceptual" plans, then the Council would need to establish a policy related to conceptual plan review. Ms. Roberts agreed with Mr. Nicholas and stated that having a conceptual plan review process would allow the Council an opportunity to review new plans and new concepts for the City. Mr. Morley clarified how if a development application did not meet the Code or it was deemed to have been interpreted incorrectly then an Administrative Appeal was the process. A new, unconsidered concept which was not considered before would be noted at the staff level. He concluded that an Administrative Appeal should have occurred for City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 10 of 15 the Porter property; however, the applicant did not choose that process. A Zoning Amendment or Variance was the venue for Mr. Bill Mays' property. Ms. Roberts stated how she thought the Council agreed as a full Council to hear concept plans from developers. She did not think that City code would constrain the Council from hearing the plan. Ms. Roberts stated that developers desired to hear from the City Council early in the process. Mayor Pro Tem Hoog stated that he heard about the project two weeks prior to the City Council hearing the matter; however, he told Mr. Porter that he had to follow the City code related to accessory use. Mayor Pro Tern Hoog clarified that only the Building Official has the authority to finalize the Agenda items for the Planning and Zoning Board, not the Board Chairperson. Mr. Petsos emphasized that the new Planning and Development Director could handle any upcoming development issues. Mayor Randels acknowledged the Board's exploratory function and their need for clear direction from the Council. Mayor Pro Tern Hoog stated how he had listened to Planning and Zoning Board Members, and some other Boards, make undue remarks to citizens. Mr. Nicholas stated that any citizen has the right to present an item before any Board; however, no citizen could demand the right to be placed on an Agenda. Mr. Petsos recommended having the Planning and Development Director review the development process plans. Mr. Brown took note and stated that he would confer with the City Manager. Mr. Pat Campbell asked the City to tread lightly on its volunteers and not to make hasty actions toward their appointments. Mr. Campbell stated that the issue heard was best served through review of the processes instead of eliminating a Board Member. Ms. Marilyn Rigerman, 405 Adams Avenue, stated that she attended this meeting due to the item to Remove Ms. Bea McNeely. Ms. Rigerman stated that to her knowledge, the Boards that receive the most abuse from the City Council were the Planning and Zoning Board, the Zoning Board of Adjustment, and the Community Appearance Board. Ms. Rigerman also recounted four targeted volunteers as: Ead McMillin, Karen Hayes, Bea McNeely, and herself. Ms. Rigerman explained that Board Chairpersons asked questions that developers at times did not desire to answer, however, the applicant was seeking a Special Request. Ms. Rigerman stated that there was a pervading mystique that one should not tread on: Jim Morgan, Sr., Jim Morgan, Jr., John Johanson or Mayor Pro Tern Hoog, or that Board Member would not be reappointed to another term or removed from their Board. In conclusion, Ms. Rigerman stated that although the City Boards were told that they were the City's life blood at the Annual Volunteer Appreciation Dinner; they were being treated poorly and generally not entitled to give their opinion. Ms. Ruth Montgomery stated that this was not the time to call people names and also said that Ms. Rigerman's statement was slander from her viewpoint. City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 11 of 15 The vote on the motion to Remove Ms. McNeely from the Planning and Zoning failed 14 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos, Against; Mayor Randels, Against, and Ms. Roberts, Against. CONSIDERATION 5. Motion to Approve: Bid Award for the Construction of Stormwater Improvements to the Northern Portion of the Central Ditch. Mr. Ratliff recounted that the City received and opened six bids on May 23'" related to this project. The low bidder was Gregod Construction and Engineering, Inc. at $327,544, and the next lowest bid was Maxwell Contracting, Inc. at $371,000. Attorney Garganese informed that the Contract threshold required a Labor and Performance Bond which was not in the package. Ms. Roberts inquired if this were a cost issue. Attorney Garganese affirmed. Mr. Ratliff stated this request was not included in the Bid process. Ms. Roberts asked if any of the other Bid packages included this required document; however, Mr. Ratliff informed that they did not. Attorney Garganese clarified that, in the future, the City should include this requirement since it was a statutory requirement for a Public Works projects over $200,000. Mr. Boucher clarified that the City Engineer prepared the Bid Documents. Ms. Roberts asked if Gregori Construction would pay the Labor and Performance Bond amount now required and Mr. Bandish assured that Staff would negotiate with the proposed firm. However, if they refused to post a Labor and Performance Bond, then negotiations would proceed to the next lowest Bidder. As a result of a search through the Bid documents, Mayor Randels found Gregori Construction's Labor and Performance Bond. There was no further discussion. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Bid Award No. 08.04 for the Construction of Stormwater Improvement to the Northern Portion of the Central Ditch to Gregod Construction and Engineering, Inc. The vote on the motion carried "With voting as: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 6. Building Height Referendum Ordinance. Attorney Garganese clarified that this was not a Public Hearing for the Ordinance, but for Discussion purposes only which would proceed, at the Council's approval, to Planning and Zoning Board for review and then return to the Council for Approval and subsequent Adoption. Attorney Garganese read Ordinance No. 09 -2008 by title City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 12 of 15 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 4, 2008 GENERAL ELECTION TO AMEND THE CITY'S CHARTER TO INCORPORATE MAXIMUM HEIGHT RESTRICTIONS FOR STRUCTURES BUILT ON REAL PROPERTY CURRENTLY ZONED R -1 LOW DENSITY RESIDENTIAL DISTRICT, R- 2- MEDIUM DENSITY RESIDENTIAL DISTRICT, AND R3- MEDIUM RESIDENTIAL DISTRICT ON THE OFFICIAL ZONING MAP OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE INCORPORATION INTO THE CITY CHARTER OF A MAXIMUM BUILDING HEIGHT OF 25- FEET FOR STRUCTURES BUILT ON ALL REAL PROPERTY CURRENTLY ZONED R4 AND R -2; PROVIDING FOR THE INCORPORATION INTO THE CITY CHARTER OF A MAXIMUM BUILDING HEIGHT OF 46-FEET FOR ALL STRUCTURES BUILT ON ALL REAL PROPERTY CURRENTLY ZONED R3; INCORPORATING HEREIN BY REFERENCE THE CITY OF CAPE CANAVERAL OFFICIAL ZONING MAP, AS OF NOVEMBER 4, 2008, FOR THE SOLE AND LIMITED PURPOSE OF IDENTIFYING THE REAL PROPERTY CURRENTLY ZONED R -1, R -1, AND R3 AND SUBJECT TO THE MAXIMUM BUILDING HEIGHT RESTRICTIONS SET FORTH IN THE ORDINANCE; PROVIDNG THAT ALL PROPERTY REZONED R -1, R -2, OR R3 BY THE CITY COUNCIL SUBSEQUENT TO THE APPROVAL OF THIS REFERENDUM SHALL BE SUBJECT TO THE BUILDING HEIGHT RESTRICTIONS ADOPTED HEREIN; PROVIDING THAT THE MAXIMUM BUILDING HEIGHT RESTRICTIONS SHALL APPLY REGARDLESS OF THE FUTURE LAND USE AND ZONING DESIGNATION SUBSEQUENTLY ADOPTED BY THE CITY COUNCIL; PROVIDING THAT RAZED STRUCTURES NOT IN CONFORMANCE WITH THE BUILDING HEIGHT RESTRICTIONS SET FORTH HEREIN SHALL BE REPLACED WITH STRUCTURES COMPLYING WITH THE BUILDING HEIGHT RESTRICTIONS; PROVIDING THAT STRUCTURES NOT IN CONFORMANCE WITH THE HEIGHT RESTRICTIONS THAT ARE DESTROYED OR SUBSTANTIALLY DAMAGED BY EXPLOSION, FIRE, FLOOD, WIND, EROSION, OR OTHER DISASTER SHALL BE PERMITTED TO BE REBUILT TO THE SAME HEIGHT AND IN THE SAME LOCATION; RESERVING THE CITY COUNCIL'S AUTHORITY TO LAWFULLY ESTABLISH HEIGHT RESTRICTIONS FOR OTHER REAL PROPERTY LOCATED WITHIN THE CITY NOT CURRENTLY ZONED R -1, R -2, OR R3; SETTING FORTH A BALLOT QUESTION FOR INCLUSION ON THE NOVEMBER 4, 2008 GENERAL ELECTION BALLOT; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; SEVERAMLITY; AND AN EFFECTIVE DATE. Attorney Garganese clarified that a ballot question allowed only 15 words for a heading and 75 words for the narrative explanation of its intent. Attorney Garganese explained if this ballot question related to the R -1, R -2 and R -3 Zoning District passed, then only those districts would be affected. Attorney Garganese stated that any future changes to these established designations would be subject to the ballot question. For other properties not zoned R -1, R -2, or R -3 the current zoning applied. Any future height changes to these zoning districts, R -1, R -2, and R -3, could only be changed by a voter approved Referendum. If a property was re- zoned, then this maximum height restriction would apply. He stated that the Charter Amendment would also provide that the height shall be measured by the City's Land Development Regulations adopted by the Council. The Charter would make this as a reference to the Land Development Regulations that were already established in the City Code. Attorney Garganese informed that annexed property would also fall under this requirement. He stated that the Council could not increase the maximum height, but could reduce it. Mayor City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 13 of 15 Randels concluded that this Ordinance would establish a building height requirement for the R -1 and R -2 zoning districts at 25 -feet and 45 -feet for theR -3 zoning district. Mr. Lamar Russell, 376 Harbor Drive, asked the City Attorney if height limitation would apply if, for example, an existing property were rezoned back to a commercial zone. Attorney Garganese clarified that the City was establishing a height restriction that would run in perpetuity with the property, not the zoning district category. Ms. Roberts inquired about the residential Special Exception properties on North Atlantic Avenue and asked how the Council would address, residential properties in commercial zoning. Attorney Garganese stated that building height limitation would remain 45 -feet in the commercial zoning district. Mayor Pro Tem Hoog inquired about Section 1, Paragraph (g), Non - Conforming Structures, and asked if an owner could re -build those properties. Attorney Garganese affirmed that these properties could be re- built. If the property change was voluntary, then the property had to conform to the building height limitation as established for the Residential Zoning District. However, in the case of a "natural disaster" the property owner would re -build their property to the same height. Mr. Russell referred to the 50 percent principle related to building damage and stated that a building damaged in excess of 50 percent required re- building under the current code. Discussion concluded that any further changes would require discussion and amendment at a later time. Ms. Roberts asked for clarification on the proposed Referendum language which read, "Maximum height restrictions will apply". She asked if the language meant just within those zones. Ms. Roberts stated that the sentence standing alone was liberally stated and recommended, "Maximum height restrictions in these zones." Attorney Garganese informed that the 75 word maximum was reached. Ms. Roberts stated that she would take that sentence literally and found it unclear. Ms. Roberts went on record for the City Attorney to review the language. Mr. Jay Petty asked if a Referendum was set to establish the Building Height in existence. Attomey Garganese stated that the City previously had an approved Ordinance related to building height which was challenged and found invalid by the Court. He explained that the Council understands the City's previous history and was proposing an Ordinance that would provide the voters something binding. Mr. Petty stated that he found the Ordinance restrictive and it should encompass all buildings commercial and residential. Ms. Roberts referred to a Referendum in 1973 which acknowledged a 60 -feet designation in a Tourist Zone. Mr. Petsos clarified that this designation, however, was not for State Road A1A. Mr. Petty emphasized his point of including all building heights. Mayor Randels explained that the Council received concern from residents on the potentiality of having a 60 -foot neighbor. Mr. Pat Campbell, 307 Surf Drive, stated that there was an existing Ordinance at this time which was challenged in 1973 and found invalid. Mayor Randels explained how Zoning by City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 14 of 15 Referendum was challenged; however, the Council established an Ordinance to establish zoning height which could be amended by a vote of the Council. Attorney Garganese clarified that the Council has the discretion to establish maximum heights in the City for those properties which were not R -1, R -2, and R -3. Two maps were included in the Council Agenda Packet which clearly depicted those zoning districts over which the Council could change the height; otherwise, a referendum would be required. Mr. Campbell cautioned on not proceeding to Referendum and allowing the voters to make a decision. Ms. Lois Palmer, 170 Long Point Road, recalled that at the end of the previous meeting she thought residents would have the privilege to vote on establishing commercial building height. She stated that the commercial building height should be added to the Referendum. Mr. David Shirtzinger, 314 Surf Drive, stated that he attended many of the meetings related to the building height discussion and expressed his concern with the expeditious nature of a Referendum to establish residential building height; however, considerable deliberation was given on the commercial building height discussion. He concluded that the City should be reviewed in its entirety and not to address the concerns of residential properties owners separate from commercial property. There may be reasons why the City would want to consider different heights in the residential zones, as well. Ms. Marilyn Rigerman recommended not including language for residential building height and commercial building height on the same Referendum ballot question. Ms. Ruth Montgomery stated that the Council could approve two different referendums on the same ballot. Mr. Petsos stated that he could not support placing one Referendum on the ballot related to Residential Zoning without a Referendum question related to Commercial Zoning also. Ms. Roberts recounted that the Council was awaiting expert advice from Mr. Phil Laurien, Mr. Brown, the Planning and Zoning Director when he came on board and for Ms. Laura Canady to return to obtain an educated and informed strategy. Ms. Roberts stated her own favor with a comprehensive plan for City and not a piecemeal approach. She emphasized the need for expert advice in order to address this discussion as a whole. Mrs. Patricia Petty, Puerto Del Rio, stated that she attended the meeting with the interest of the residential building height Rem; however, she took note of an Architectural Theme for the City and Community Vision which was being discussed by the Council. Ms. Petty stated that the Cape Canaveral residents needed to provide input in community development. She anticipated more visual aspects and better communication of development concepts. Ms. Roberts concluded that other municipalities performed City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 1, 2008 Page 15 of 15 20/20 Visioning and community involvement could take many forms to include focus groups, town meetings, etc. Mr. Mays referred to Administrative functions and asked if a member of the Council could facilitate at one of the Board meetings to ensure that Council's directions were correctly interpreted. Mayor Pro Tern Hoog clarified that Board facilitation was the City Attorney's function. Ms. Roberts recommended waiting until the July 15 City Council meetin subsequent to Phil Laurien's presentation. Mr. Nicholas stated how waiting until July 15 would delay. the Referendum which had a deadline of August 22 Mr. Boucher clarified that the City Council would meet on Thursday, August 7 and again on August 1 g"' for further discussion on this item. Mayor Randels clarified further that the Planning and Zoning Board acting as the Land Planning Agency could review the draft Ordinance at its July e and July 23 Meeting. Ms. Roberts expressed her concern with lack of expert input. Mayor Pro Tem Hoog stated that he was in agreement with a Referendum; however, only if it could be understood by the voters. Mayor Randels concluded that there was not adequate support from the Council to forward the Building Height Ordinance Referendum to the Planning and Zoning Board for their review. ADJOURNMENT: There being no further business, the meeting adjourned at 10:00 P.M. �SusaStills, C �CTY 6Rk nh Rocky Randels, YOR