Loading...
HomeMy WebLinkAboutPacket 06-17-2008 RegularCity of Cape Canaveral CITY OF 'CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 17, 2008 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Florida Green Building Coalition, Inc. by Mr. Robin Vieira, Director of Buildings Research, Florida Solar Energy Center. REPORTS: City Manager Staff City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 3, 2008. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 - FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com y of Cape Canaveral, Florida City Council Regular Meeting Agenda June 17, 2008 Page 2 of 2 2. An Outdoor Entertainment Permit for the Brevard County Traveling Skate Park at the Youth Center on Saturday June 28tH 3. Outdoor Entertainment Permit for the National Night Out on August 5tH ORDINANCE: First Public Hearing: 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. 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. CONSIDERATION: 6. Motion to Approve: Designation of a Voting Delegate for the Florida League of Cities Annual Conference. DISCUSSION: 7. Amending Building Height in the C-1 and C-2 Commercial districts to 65 -Feet, Limited to (5) Stories. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 06-17-08 AGENDA REPORT AGENDA Heading Presentation Item City Council has expressed an interest in learning more about this program and what the City could do to No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: FLORIDA GREEN BUILDING COALITION, INC. PRESENTED BY MR. ROBIN VIEIRA OF THE FLORIDA SOLAR ENERGY CENTER DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council review and comment on the Florida Green Building Coalition, Inc. presentation by Mr. Robin Vieira, Director of Buildings Research, Florida Solar Energy Center. Summary Explanation & Background: City Council has expressed an interest in learning more about this program and what the City could do to participate. Exhibits Attached: Public works director's memo of 06-11-08; bio on Mr. Vieira City Mana •' Office ,�� Department PUBLIC WORKS CdDe- m\mvrl (`Irma arimi n\nn„n.,; i .. ,-,\ nnno\ n �J._......,....�. \......-- \a.c -.y\- \U6-11-Vo\vieira.QOC CITY OF CAPE CANAVERAL PUBLIC WORKS MEMO TO: Bennett Boucher, City Manager Susan Stills, City Manager FROM: Walter Bandish, Public Works Director SUBJECT: Florida Green Building Coalition, Inc DATE: June 11, 2008 Request that Mr. Robin K. Vieira, Director of Buildings Research, Florida Solar Energy Center, be allowed to give a presentation at the June 17, 2008 City Council Meeting. Mr. Vieira will discuss Green Local Government, Designation Standards for Cities and Counties for setting the standards for green building in the State of Florida. Attached is a Biographical Sketch of Mr. Vieira. Also request that he be placed first on the agenda. Thank -you. Walter Bandish Director, Public Works ;FLORIDA SOLAR ENERGY Robin K. Vieira Director, Buildings Research Florida Solar Energy Center 1679 Clearlake Rd. Cocoa, FL 32922 321-638-1404 robin@fsec.ucf.edu Mr. Vieira has over 20 years of experience in hot, humid climate buildings research. He has led research efforts in residential auditing and field evaluation projects, survey and statistical work, and computer simulation and analysis. Rob has directed FSEC's residential EnergyGauge software development teams. EnergyGauge is used for calculating code compliance and conducting energy and economic analysis. He has presented over 40 workshops and seminars on sustainable development and energy-efficient construction to developers, builders, designers and others in the energy & environmental & development fields. Rob has written papers for diverse audiences, e.g., Transportation Quarterly, Florida Planning, and ASHRAE Transactions, and was the primary author of one book, Energy - Efficient Florida Home Building. Rob served as the chair for the organizing committee of the 501C3 Florida Green Building Coalition and currently sits on the board of directors. The Coalition brings together people from industry and environmental concerns to create incentives and voluntary standards for designating green homes, green land developments, green commercial buildings and green cities and counties. Rob has a B.A. in Physics, an M.S. in Applied Solar Energy and an MBA. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 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 Tem 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 Public Works Director Walter Bandish Recreation Director Robert Lefever PRESENTATION: 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 them 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 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 Grove', 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 321-449-5111. 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 City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 3 of 13 continue in perpetuity. He stated that this will include ranches and working waterfronts. Representative Sasso stated that $50 million was secured of funding for Everglades restoration. Mayor Pro Tem 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 Tem 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 Al A 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 Tem 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 Tem 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 clarified that the Bill in discussion was House Bill 7135. REPORTS: City Manager • Mr. Boucher distributed the half-day meeting dates of June 9th and June 11th for City Council's Goals and Objectives Meeting with staff. Mayor Pro Tem 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 Florida East Central Regional Planning Commission's 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. • 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 17th 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 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 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. Building 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 1St 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 accomplished during their tenure. Ms. Roberts asked for this in an effort to enhance the City's advisory Board process. • Ms. Roberts noted the July 19th deadline for Resort dwellings. She requested an updated Resort dwelling application report from the Building Official at the June 17th 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 time delineation on temporary signage for political office. Attorney Garganese explained how all temporary signs were treated in the same City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 3, 2008 Page 7 of 13 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 45th 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 17tH Mayor Pro Tem Hoog • Mayor Pro Tem 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 Tem 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 Tem 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 Tem 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 if 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 life/safety 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: 1. 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 Tem 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 20th 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 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 Tem 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 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATION: 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 Tem 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 Tem 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 Al corridor. Mayor Pro Tem 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 Agenda June 3, 2008 Page 13 of 13 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 Tem Hoog to Extend the Meeting to 10:15 P.M. 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. 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. 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 Tem Hoog to Extend the Meeting to 10:30 P.M. The vote on the motion carried 4-1 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. ADJOURNMENT: There being no further business, the meeting adjourned at 10:15 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 06-17-08 AGENDA REPORT AGENDA Heading Consent Item 2 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE BREVARD COUNTY TRAVELING SKATE PARK DEPT/DIVISION: PARKS AND RECREATION Requested Action: City Council consider the approval of the outdoor entertainment permit for the Brevard County Traveling Skate Park on June 28, 2008 as requested by the Parks and Recreation Director. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Parks and Recreation Director's memo and application permit City Manage ' mce, . Department PARKS AND RECREATION .. - ,council\meeting\2008\06-17-08\&skate.doc VA [:A I I L 0 J To: Mayor & City Council Members From: Robert Lefever 0 CC: Bennett Boucher, City Manager Date: May 29, 2008 Re: Rock & Skate Jam I have made arrangements to bring the Brevard County Traveling Skate Park to Cape Canaveral on Saturday, June 28, 2008. 1 have attached an Outdoor Entertainment Permit for your approval. The skate park will be set up on the basketball courts at the Youth Center on Saturday, June 28, 2008. Hours of operation will be from 10:00 am to 7:00 pm. Cost will be free to all kids. The skate park will be open one day only. This year we will be featuring a Rock & Skate Jam sponsored by A1A Surf & Skate. The event will feature a local high school band, "Unusual Itch", performing from 5:00 pm to 7:00 pm, a skate board contest from 5:00 pm to 7:00 pm, concession stand selling pizza, drinks & candy (Space Coast LL), prizes, tee shirt give aways and much more. The skate park will be open to skaters during the hours of 10:00 am to 5:00 pm free of charge No one under the age of 18 will be allowed to participate unless a parent permission form is completed by a parent or guardian. Helmets are required; knee and elbow pads, as well as wrist guards are strongly recommended. Brevard County Parks & Recreation Department will provide the onsite supervision. Cape Canaveral Parks & Recreation staff will be on-site to give added supervision. Thanks, Robert Lefever, ecreation Director Revised 03-22-07 CITY OF CAPE CANAVERAL, FLOIUDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: �9 'I'Iic applicant or rcprescntativc agrccs to be on site at all times enipowcrcd with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: 2d6�'� �� �(/�/ --,,,tie: �G/ /D✓f " eG 4� Firm: Cl Gt � (17GI'/ �./ dt/'/�.r o� �L'G ✓_°GGi./ /GI9 ,� °�/. Address: 700 E -Mail: /�G�f'dP✓A �� r✓ ., �..�, Telephone:_---gKD=--,I AX: "0 ' �." % Local Contact: ,�jRq ie ai/ ado�ip _ I,itle: Local Address (if different from above) Type of Event: 40 "X 0/ Will Alcoholic Beverages Be Served on the Premises? YES NO Event Date(s) in Cape Canaveral: e ZE ,zo o P" Location(s): Date(s) Time or449e �fve yoy�6j Ce��-Pr . .*Oel AP7 - 7.•oe,,.�,, JW46Ike Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify: ,t! ' efG. If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment pennit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Fi�. 1ffdG . a/ CO!/WAl Policy No: Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. A7 it /// 1(?e.r Date O� Applicant or R presentative/Title ��` Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 Meeting Type: Regular Meeting Date: 06-17-08 AGENDA REPORT AGENDA Heading Consent Item 3 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR NATIONAL NIGHT OUT DEPT/DIVISION: PUBLIC SAFETY/POLICE Requested Action: City Council consider approval of the Outdoor Entertainment Permit for National Night Out sponsored by the Sheriff's Department. Summary Explanation & Background: The event will be held on 08-05-08, 5-8 pm, at Cape View Elementary School. I recommend approval. Exhibits Attached: Permit City Man suffice '""� Department PUBLIC SAFETY/POLICE council\meeting\zuub\Ub-1/-Ub\nightout.doc Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: 05/19/08 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant:_ Commander Doug Scragg Title: Precinct Commander Firm: Brevard Countv Sheriff's Office Address: 111 Polk Avenue, Cape Canaveral, FL 32920 E -Mail: douR.scraRR@bcso.us Telephone: (321) 868-1113 FAX: (321) 868-1113 Local Contact: Deruty Mike Biecker Title: Deputy Sheriff Local Address (if different from above) Type of Event:_ Community Law Enforcement event Will Alcoholic Beverages Be Served on the Premises? YES Event Date(s) in Cape Canaveral: August 05, 2008 Location(s): Cape View Elementary Date(s) 08/05/08 NO X Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach :E]Other ❑Vehicle Parking on City Property Specify: Event map Cape View Elementary Time 5:00 — 8:00 pm If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Expiration Date: Policy No: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. l% s� Date �` 8 Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 l D Meeting Type: Regular Meeting Date: 06-17-08 AGENDA REPORT AGENDA Heading Ordinances -11 Reading Item 4 No. will allow the city manager to designate a business license official. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2008, AMENDING CHAPTER 70, DEFINING AND DESIGNATING THE BUSINESS LICENSE OFFICIAL DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council consider at first reading, Ordinance No. 07-2008, amending Chapter 70, Article III, related to local business tax receipts, defining the term "Business License Official", designating the business license official, and making conforming amendments to Chapters 6 and 10 of the City code. Summary Explanation & Background: The Building Department is now set up to review and issue business tax receipts. This proposed ordinance will allow the city manager to designate a business license official. I recommend approval. Exhibits Attached: Proposed Ordinance No. 07-2008 City Mana ffice Department ADMINISTRATION/CITY MANAGER n•��1u..,1— —\ui—l—ly\LVVO\uo-li-ua\U/-2008 doc ORDINANCE NO. 07-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 70, ARTICLE III, OF THE CITY CODE RELATED TO 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. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for a municipal purpose, except when expressly prohibited by law; and WHEREAS, the City Treasurer is currently responsible for issuing, recording and revoking local business tax receipts; and WHEREAS, the City desires that the City Building Department, assume the responsibility of issuing, recording, and revoking local business tax receipts, as provided herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 70 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotrt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 70. It is intended that the text in Chapter 70 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 07-2008 Page 1 of 6 CHAPTER 70 TAXATION ARTICLE III. LOCAL BUSINESS TAX Section 70-66. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Business license official means the official charged with the administration and enforcement of this chapter, as designated by the city manager. Section 70-70. Form, signing of receipts, report of information. (a) The city treasurer business license official shall prescribe the form of all local business tax receipts and applications therefor, and, except as otherwise provided by ordinance, all receipts shall be signed by the city treastiter business license official and shall be invalid for all purposes unless so signed. (b) Each person required to pay a local business tax shall report under oath to the city treasurer business license official all information necessary for a proper determination of the local business tax due for each classification to which he or she is subject, including the number of employees, size or average inventory of stock on hand. The city treasurer business license official is authorized to prepare interrogatories to furnish forms for filing of the reports to obtain the information necessary to determine the proper local business tax due. The city treastnet business license official is further authorized to make such investigation and inspection of each place of business and those records pertaining to those taxes due under this article. Section 70-71. Engaging in business without paying tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the local business tax required by this article in the manner provided in this article or to fail to make any reports to the city treasatet. business license official as required or to violate any other section of this article. City of Cape Canaveral Ordinance No. 07-2008 Page 2 of 6 Section 70-74. Receipt year; tax payment date; term of receipt; proration of tax. The receipt year for all local business tax receipts shall begin October 1 of each year and shall expire on September 30 of the succeeding year. All such receipts shall be issued by the city treasurer business license official beginning August 1 of each year upon receipt of the appropriate local business tax, and such tax shall be due and payable on September 30 of each year. If September 30 falls on a holiday or a weekend, the tax shall be due and payable on or before the first working day following September 30. No receipt shall be issued for more than one year. For each receipt obtained by any new business, occupation or agent after April 1 of the following year, 75 percent of the tax for one year shall be paid and shall be reduced by an additional 5 percent per month for each month thereafter for businesses, occupations or agents which open or start after April, but before October, unless otherwise provided in this article. Section 70-80. Issuance of duplicate. Duplicate local business tax receipts may be issued by the city treastiter business license official. A fee of $10.00 will be assessed for each duplicate receipt issued. Section 70-81. Transfer of receipt. (a) Receipts may be transferred from one location to another, provided that the receipt is presented to the department of finance for approval of such transfer. Such transfer of receipt approved by the city treasuf er business license official will be made only after payment to the city of a fee up to ten percent of the annual local business tax, but not less than $3.00 nor more than $25.00. Section 70-86. Records of issued receipts. The business license official shall keep an accurate and thorough record of all local business tax receipts issued, showing the nature of the receipt, its date, expiration and to whom issued. Section 70-87. Records of receipts. Every person engaging or continuing in the city any business or exercising any privilege subject to a local business tax shall keep and preserve suitable records of the average annual inventory of stock on hand, records sufficient to show the number of employees and a record of all goods and merchandise purchased or received for resale. Every such person shall keep and preserve, for a period of two years, all invoices of goods and merchandise purchased or received for resale and City of Cape Canaveral Ordinance No. 07-2008 Page 3 of 6 the employment records of all employees and shall furnish such records to the city treasrnrr business license official for inspection upon request. Section 3. Conforming Amendments. The following conforming amendments to Chapters 6 and 10 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby adopted as follows (underlined type indicates additions and strikeottt type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapters 6 and 10. It is intended that the text in Chapters 6 and 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 6 ALCOHOLIC BEVERAGES ARTICLE II. OPERATION OF ESTABLISHMENTS Section 6-27. Nudity on premises where served, consumed or stored. (d) If the owner, operator, lessor, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the city at which alcoholic beverages are offered for sale, served, consumed or stored shall be convicted of any of the offenses designated in subsection (a), the city treasureT business license official, as desi nated by the city manager, shall revoke the local business tax receipt for the establishment after giving a reasonable notice thereof to the holder of the receipt and affording the holder an opportunity to be heard as to why the revocation should not be issued. CHAPTER 10 AMUSEMENTS AND ENTERTAINMENTS ARTICLE III. OUTDOOR ENTERTAINMENT City of Cape Canaveral Ordinance No. 07-2008 Page 4 of 6 Section 10-48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this article shall be punished as provided by section 1-15. (b) The city council may revoke the special outdoor entertainment permit granted and shall immediately notify the city treastiter business license official, as desi nag try the city manager, to revoke any local business tax receipt upon the occurrence of any violation ofthis article. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 07-2008 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 07-2008 Page 6 of 6 Meeting Type: Regular Meeting Date: 06-17-08 AGENDA Heading Ordinances -l' Reading Item 5 No. qualifying period ahead by one week as well. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 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 DEPT/DIVISION: ADMINISTRATIVE/CITY CLERK Requested Action: City Council consider at first reading, 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. Summary Explanation & Background: The legislature moved the primary election date one week earlier, thus requiring the City to move its qualifying period ahead by one week as well. I recommend approval. Exhibits Attached: Elections Office E-mail; Ordinance No. 08-2008 City Mana i ffice Department ADMINISTRATIVE/CITY CLERK cap i \mydoc nts\admin\council\meeting\2008\06-17-08\08-2008.doc Page 1 of 1 Bennett Boucher From: Susan Stills [stills-cape@cfl.rr.com] Sent: Friday, June 06, 2008 11:56 AM To: 'Anthony Garganese'; 'Kate Latorre' Cc: 'Bennett Boucher' Subject: FW: City Qualifying Dates From: Judy Pecot [mailto:jpecot@brevardelections.org] Sent: Friday, June 06, 2008 11:39 AM To: Susan Stills Subject: City Qualifying Dates I was reviewing your qualifying dates and wanted to remind you that we need to change them to an earlier date this year and all future years to be no later than the 74th day prior to the General election. The legislature once again has changed our Primary election date by moving it one week earlier to August 26. We will begin printing our ballot information for the General election that night immediately after results are determined. Therefore, we will need to have your city's ballot information in our office no later than that day. Please consider changing your qualifying period so the very last date for qualifying is the 74th day prior (August 22). Hopefully you have a meeting soon whereby you can pass an ordinance. I'm sorry for this change again but we never know what the legislature is going to do to us. If you have any questions, feel free to contact me. Thanks, Judy 6/12/2008 ORDINANCE NO. 08-2008 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR 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. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Brevard County Supervisor of Elections now requires that all qualifying for municipal candidates be complete and submitted to the Brevard County Elections Office no later than August 22, 2008 the 74th day prior to the general election; and WHEREAS, under sections 26-3 of the Cape Canaveral Code of Ordinances, the qualifying period for candidates for the offices of the Mayor and City Council are inconsistent with the Brevard County Supervisor of Elections' deadline; and WHEREAS, the City Council desire to amend the City's qualifying periods to be consistent with the requirements of the Brevard County Supervisor of Elections and to allow the City Clerk's office an adequate time period to compile and transmit to the Brevard County Supervisor of Elections all information pertaining to candidates seeking election to municipal office; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 26, Elections, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of City of Cape Canaveral Ordinance No. 08-2008 Page 1 of 3 text existing in Chapter 26, Elections. It is intended that the text in Chapter 26, Elections denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 26. ELECTIONS Sec. 26-3. Qualifying period—Generally. The qualifying period for candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 8-1-st 88th day prior to the general election and no later than 12:00 noon of the 6 -7th 74th day prior to the date of the general election. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 08-2008 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 08-2008 Page 3 of 3 Meeting Type: Regular Meeting Date: 06-17-08 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Considerations Item 6 No. League of Cities letter SUBJECT: CONSIDERATION: DESIGNATION OF A VOTING DELEGATE FOR THE FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DEPT/DIVISION: LEGISLATIVE Requested Action: City Council designate a voting delegate for the Florida League of Cities Annual Conference. Summary Explanation & Background: See attached correspondence. Please advise. Exhibits Attached: League of Cities letter City Mana •' f Department LEGISLATIVE o�40GUE pfc'j'� c Adh 301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 • (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • www.ficities.com s TO: Municipal Key Official FROM: Michael Sittig, Executive Director DATE: June 3, 2008 SUBJECT: 82nd Annual Conference — Great Cities Make A Great State VOTING DELEGATE AND RESOLUTION INFORMATION August 14-16, 2008 - Tamp Convention Center/Tampa Marriott Waterside As you know, the Florida League of Cities' Annual Conference will be held at the Tampa Convention Center/Tampa Marriott Waterside in Tampa, Florida on August 14-16. This year we are celebrating Great Cities Make A Great State which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2007. Registration materials have already been sent to each municipality. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (.850) 701-3602 or (800) 616-1513, extension 3602. Proposed resolutions must be received by the League no later than July 9, 2008. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than July 27, 2008. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President Frank C. Ortis, Mayor, Pembroke Pines First Vice President Carmine Priore, Councilman, Wellington • Second Vice President John Marks, Mayor, Tallahassee Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. 82nd Annual Conference Florida League of Cities, Inc. August 14-16, 2008 Tampa, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. DesiLynation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Important Dates May 30, 2008 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 30 Appointment of Resolutions Committee Members July 9 Deadline for Submitting Resolutions to the League office August 14 League Standing Council Meetings Resolutions Committee Meeting Voting Delegates Registration August 16 Immediately Following Luncheon — Pick Up Voting Delegate Credentials Followed by Annual Business Session Procedures for Submitting Resolutions Florida League of Cities' 82nd Annual Conference Tampa Convention Center/Tampa Marriott Waterside Tampa, Florida August 14-16, 2008 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 9, 2008, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy council. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Meeting Type: Regular Meeting Date: 06-17-08 AGENDA Heading Discussion Item 7 No. 1. P&Z recommendation memo of 02-28-08 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: AMENDING THE BUILDING HEIGHT IN THE C-1 AND C-2 COMMERCIAL DISTRICTS TO 65 FEET, LIMITED TO FIVE STORIES DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Rocky Randels is requesting the City Council review and act upon the Planning and Zoning Board's recommendation of 02-27-08 to increase the building height in the C-1 and C-2 commercial districts to 65 feet, limited to five stories. Summary Explanation & Background: The following documents are included for your review and consideration. 1. P&Z recommendation memo of 02-28-08 2. 02-28-08 P&Z minutes 3. 02-27-08 city planner report with suggested code amendment language and related maps 4. 1973 ballot question ordinance and election results Please advise. Exhibits Attached: City Manager' Mice Department LEGISLATIVE cap - myd cumen ouncil\me 08\06-17-08\height ... Nxnr or CAPE CANAVERAL City of Cape Canaveral February 28, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Suggestions on How to Implement Increasing Building Height After a lengthy discussion and numerous motions at the Planning & Zoning Board meeting held on February 27, 2008, by a (3) to (2) majority vote, the Board recommended to the City Council that the building height in C-1 and C-2 zoning districts, be increased to 65 ft., limited to five stories, by changing the City code. I have attached previous meeting minutes, reports, and data that were provided to the Board regarding this issue. Please schedule this recommendation on an upcoming City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape E e-mail: ccapecanaveral@cfl.rr.com PLANNING & ZONING BOARD Page 1 of 5 PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 27, 2008 A Regular Meeting of the Planning & Zoning Board was held on February 27, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 8:21 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman MEMBERS ABSENT Lamar Russell OTHERS PRESENT Robert Hoog Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson 1 st Alternate 2nd Alternate Vice Chairperson Mayor Pro Tem Council Member Assistant City Attorney City Planner Board Secretary Approval of Meeting Minutes: February 13, 2008. Donald Dunn asked that a sentence be added to page 4, paragraph 4 of the minutes. Motion by Chairperson McNeely, seconded by Harry Pearson to approve the meeting minutes of February 13, 2008, with the minor addition requested by Donald Dunn. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Ordinance #03-2008,_Changing the Zoning Map Designation of Certain Real Property Totaling 6.24 Acres More or Less, Generally Located along the North side of Shorewood Drive at the Southwest Corner of Jetty Park_from R-3 Medium _Density _Residential to C-1 _ Low Density Commercial - Petitioner is Cape Caribe, Inc.,_ Kohn Bennett, Applicant. http://www.myflorida.com/cape/Minutes/2008/PandZ 02-27-08.htm 6/12/2008 PLANNING & ZONING BOARD Page 2 of 5 Planning & Zoning Board Meeting Minutes February 27, 2008 Page 2 Motion by John Johanson, seconded by John Fredrickson, to recommend approval of Ordinance #03-2008, with the condition that the use of the property be limited to parking and recreation amenities that already exist at Cape Caribe; and the Assistant City Attorney to update the proposed ordinance with the correct acreage. 3. Discussion & Recommendation _to City Council Re: Sing gestions on_ how to_ Implement Increasing Building_Hei ht. Todd Peetz, City Planner, presented an exhibit of a shadow study, he created, for the area around Astronaut Boulevard and West Central Boulevard. The exhibit showed shadows of various building heights at different time intervals. Brief discussion followed. Mr. Peetz recommended a distance separation be established between commercial and residential uses. He showed exhibits of separation distances. He suggested that the distance separation should be greater than 200 ft. from the residential zone to allow height higher than 45 ft., and a separation distance of 500 ft. for 65 ft. height. Discussion followed regarding concerns of heavy traffic on A1A. Todd Peetz presented an example of a code amendment, to amend Sections 110-336 and 110-385, regarding properties directly abutting the A1A corridor increasing their building height with separation from existing residential use. The Board members voiced there frustration that they were not expected to vote on whether greater heights was appropriate and/or if they should recommend to the City Council that a referendum should be done. Discussion was held regarding traffic impact of the proposed Sheldon Cove project. Todd Peetz advised that the project would need to go through the site plan process, which would include Traffic Concurrency. The Board members requested that they be provided a copy of the most recent traffic reconciliation. Chairperson McNeely spoke regarding special exceptions for residential use in the commercial zoning district. She stated that if the City was going to change something, then just change it. She advised that she was against special exceptions. Harry Pearson agreed that it should be done by an ordinance change. He advised that 65 ft. may not be high enough. He noted that the City had a previous proposed project that requested 75 ft. He requested that the City Attorney make the change in the ordinance. He stated that the City go back to the residents with a referendum. Todd Peetz responded that it was the City Council's decision as to how it should be done. Donald Dunn reiterated that the City Council wants to handle the referendum issue. Planning & Zoning Board Meeting Minutes http://www.myflorida.com/cape/Minutes/2008/PandZ 02-27-08.htm 6/12/2008 PLANNING & ZONING BOARD February 27, 2008 Page 3 Page 3 of 5 Kate Latorre, Assistant City Attorney, explained that a special exception would allow certain criteria and the City could impose limitations on a case by case basis. John Johanson commented that he liked what Todd Peetz suggested on what he had presented to change the code allowing increased height. Todd Peetz added that they could add supplemental design criteria. Kate Latorre suggested that they could create an overlay. Donald Dunn voiced his concerns regarding ingress, egress, and traffic impact that would be created with the proposed Sheldon Cove project. He questioned how the project would impact other future developments. Todd Peetz explained that height should be limited to keep within the harmony of what was existing. He explained that the higher the building the more intensive impact the project creates. Todd Morley, Building Official, explained the Concurrency Management process. He explained that there are technical requirements, and traffic count can be mitigated. He announced that in the year 2030, A1A would be widened to six lanes. He explained to the Board members that this agenda item was not about whether the Board was for or against increasing height, it was about if height was increased, how it would be implemented. A resident voiced his opinion that Todd Peetz had the right idea. He commented that maybe the City could purchase Carver's Cove Trailer Village to build a passive park to decrease the traffic counts. Chairperson McNeely stated that the City Council can make up there own minds. Harry Pearson strongly recommended the issue go to the voters as a referendum. Chairperson McNeely and Donald Dunn agreed with Harry Pearson. Motion made by Donald Dunn, seconded by John Fredrickson, to have the City Attorney prepare a code amendment to allow building height to be increased to 65 ft. or more. Discussion followed. Todd Peetz explained floor to air ratios. He explained that if height is limited, the City can manage it. Harry Pearson asked why they were only focusing on distance from residential. He questioned why they were not considering distance requirements from commercial, because a higher building would easily overshadow another building. Todd Peetz advised that the agenda item was only to discuss property along the A1A corridor. Motion failed by a (3) to (2) vote against the motion, with members voting as follows: Donald Dunn, for; John Fredrickson, for; John Johanson, against; Bea McNeely, against; Harry Pearson, against. Motion by Bea McNeely, seconded by Harry Pearson, to hold a referendum and ask the voters if they wanted to maintain the maximum allowable height at 45 ft. A lengthy discussion followed. Following discussion, Bea McNeely withdrew her motion, Harry Pearson agreed. Planning & Zoning Board Meeting Minutes February 27, 2008 Page 4 http://www.myflorida.com/cape/Minutes/2008/PandZ 02-27-08.htm 6/12/2008 PLANNING & ZONING BOARD Page 4 of 5 Motion by John Johanson to recommend Todd Peetz' presented suggestions, with the change that the 65 ft. height be limited to five stories. There being no second, the motion failed. A lengthy discussion followed. Ronald Friedman reiterated his statement from the last meeting that the City Council was voted in by the residents to handle tough decisions. Discussion continued. Councilwoman Shannon Roberts advised that City Council was looking for professional research advice and options from the Board. Harry Pearson rebutted that the City Council should make a decision on whether or not they want to increase height before sending the issue to the Planning & Zoning Board. Motion by Donald Dunn, seconded by John Fredrickson, that the Board recommend to City Council that building height in C-1 and C-2 zoning districts, be increased to 65 ft., limited to five stories, by changing the City code. Vote on the motion carried by a (3) to (2) majority vote, with members voting as follows: Donald Dunn, for; John Fredrickson, for; John Johanson, for; Bea McNeely, against; and Harry Pearson, against. Mr. Mays thanked the Planning & Zoning Board and City Council for all their discussions. OLD -BUSINESS Discussion Re: Mixed Use Districts. Todd Peetz, City Planner, advised that he may have someone available to speak to the Board from the Florida Redevelopment Peer to Peer Assistance Program at the next meeting. The Board members requested that this agenda item be placed on the next meeting agenda. 2. Discussion _Re: Section 98, Article II, Platting Todd Peetz, City Planner, explained that this discussion item was a result of questions arising from the Residence Inn out parcels. He advised that research of the code has revealed that the preliminary and final plat processes were inconsistent. He stated that staff was working on an ordinance and it would be ready to be presented to the Board at the next meeting. The Board members requested that this agenda item be placed on the next meeting agenda. Planning & Zoning Board Meeting Minutes February 27, 2008 Page 5 OPEN DISCUSSION_ Councilwoman Shannon Roberts advised that the City purchasing Carvers Cove to mitigate traffic may be an option. http://www.myflorida.com/cape/Minutes/2008/PandZ 02-27-08.htm 6/12/2008 PLANNING & ZONING BOARD Page 5 of 5 John Johanson requested that the Board members receive a copy of the most recent traffic report. Todd Morley, Building Official, responded that the Building department would get a copy of the City's most recent traffic report, and would forward a copy of it to the Board for their next meeting. There being no further business the meeting was adjourned at 9:58 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary http://www.myflorida.com/cape/Minutes/2008/PandZ 02-27-08.htm 6/12/2008 Meeting Type: Planning & Zoning Board Meeting Meeting Date: 2/27/08 AGENDA Head Discussion ing also recently heard from a property owner requesting the Planning and Zoning Board to consider height to be Item commercial district should be allowed? If so, then two where, when and how should that height be No. From the Planning and Zoning Board Meeting 1/23/08, staff was asked to prepare a couple documents AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion: Building Heights in Commercial Districts. DEPT./DIVISION: Building Department Requested Action: Discussion to provide staff direction pertaining to building height in commercial districts. Summary Explanation & Background: The Planning and Zoning Board has discussed mixed use development having greater height than 45 feet and also recently heard from a property owner requesting the Planning and Zoning Board to consider height to be greater than 45 feet. The discussion will be in two parts, one whether height greater than 45 feet in a commercial district should be allowed? If so, then two where, when and how should that height be determined? From the Planning and Zoning Board Meeting 1/23/08, staff was asked to prepare a couple documents regarding existing separation from residential, shadow casting and potential trip generation. Staff attached the shadow casting exhibits and separation from residential in 100 foot contours for the northern part of the City. In addition, the traffic analysis for a general office building (710 of the ITE Manual) has a peak hour trip generation rate of .48 peak hour trips in the AM and .46 peak hour trips in the PM per employees. Thus hypothetically 1,000 employees could generate 480 AM peak hour trips and 460 PM peak hour trips. The purpose of this discussion item is to continue to discuss how heights if greater than 45 feet would be appropriate within the City? And with what criteria should height be allowed to be great than 45 feet? Staff provided an example exhibit for discussion purposes. Exhibits Attached: Shadow Exhibit and staff option City Planner's Office Department: Building Department DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 50 percent. (5) Minimum living or floor area shall be as follows: a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light housekeeping, not less than 400 square feet. c. All other principal uses and structures, 300 square feet. (6) The maximum height of all buildings constructed within the C-1 district shall be 45 feet. (7) Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a to 50 feet of height at 200 feet or greater from existing residential use. b to 55 feet of height at 300 feet or greater from existing residential use. c to 60 feet of height at 400 feet or greater from existing residential use. d to 65 feet of height at 500 feet or greater from existing residential use. DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-385. Area and dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. 7 Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a to 50 feet of height at 200 feet or greater from existing residential use. b to 55 feet of height at 300 feet or greater from existing residential use. c to 60 feet of height at 400 feet or greater from existing residential use. d to 65 feet of height at 500 feet or greater from existiniz residential use. e � z MILLER�`�EGG Gmn CAPE CANAVERAL PLANNING EXHIBIT Cape Canaveral, FL o 4 r k ;e a City of Cape Canaveral PiIC <0 1L"�,E=D 4-24--8C SPECIAL MEETING CITY COUNCIL JANUARY 30, 1973 At 7:30 P. M. on January 30, 1973, Councilman A. M. Rutkowski announced that there was not a sufficient number of Council Members present and Rules of Procedure require that a thirty LEGAL ADVERTISING INVOICE GANNETT FLORIDA NEWSPAPERS SOX 1330 COCOA, FLORIDA NO 1-0992 TAODAY MELBOURNE TIMES TITUSVILLE STAR -ADVOCATE INSERTION DATES: INSERTION DATES: I INSERTION DATES: `S F L/L6/'/; 3/5,12,19/73 RF. - tioti�.c : Qj,ecial iteferend-wu .:,lection INCHES RATE AMOUNT NAME 4;ity of `Gape ;anavera, �it(6A 3.15 ADDRESS 105 ;'Olk -v'-- 27 <tpe -ana eral, .Fla. 32920 # 34Q.2O CITY TOTAL AMOUNT DUE $ i 3 V IIIc 6tar-Advocate, daily newspapers published in Brevard County, Florida; that the attached copy of advertisement, being a_-_-._ Notic-p.Qf Sn ..; al Referendum Election in the matter Ordinance No. 2- the___- -----Court Was published in in the issues of Fa7 r» ark__ -_- --March Affiant further says that the said — li'Oday is a newspaper published in said Brevard County, Florida and that the said news-" paper has heretofore been continuously published in said Brevard County, Flor- ida regularly as stated above, and has been entered as second class mail matter aty the post office in Cocoa _ in said Brevard County,Florida for a period s of one year next preceeding the first publication of the attached copy of adver-3 tisement; and affiant further says that he has neither paid nor promised anyf person, firm or corporation any discount, rebate, commission or refund for the! purpose of securing this advertisement for publication in said newspaper. Titusville Star -Advocate Published Five Times a Week NOTICE OF SPECIAL ' „egal Advert accordance with the CNOTICE OF PUBLI rian 14; notice Is hereby Give CITY OF ROCU lass inlTlotivePetlrion Ordlna BOARD OF ADJ said charter provisions'.it' TO WHOM IT MAY nn the Dassa90, of sold orfi Notice is hereby g fors ofJhe city.,. to Article 17, Sedl to City Council of their r Zoni'a Ordinance I apshed Lv-Resolution Ho. 73•SiThe City of Rockl, neltl oe;March Y7,-1973at the that a reauesT has � (b) Section be r From: (d) S, 1^.,uca; :iLovell, Jr., Rockledge, on the rear p, and the w� of Rockle Oates, a' se d. In PIs' 1, rL ; -att . b Br6v ,.M., or as soon lossibie, of which t nterestap and cit Qe, he to t Cl YIOF unlROCK Dorothea S. Hai City Clerk 10 .11187, IT, 3-19 (e) Section VII', R-3Mu1tiple-Family J! revised as follows: From: \f . Maximum. -Lot "I ' �COVlra9e' .Resldentlal-and Offices 40% .. _.. CQu ches, Hospitals /nlpo.tpo hool-dlPuelid eg`-ij( -94 N31HSV 11 auu0S9ii� d 3NnOae NON-COM 1003 )I 40140 Pu9•aldoad In)Iinoeg Person -T wA Nlg Aj e�aazlaS •�--rte' �0--�jl`''—" - 2'v--� ea S� l $ 1 3 LINES A;Il S' 10 DAYS aadeaoio1 og y nz 19 day Of Mar_('.yl.A.D. , 19 f _1 I Each Additiona 'slloo auoud oNFawnoglatt '!IOW PJDA818 dOHS NOIHSb11 A a.m -1 aouOW Merchandi5, •�--rte' �0--�jl`''—" - 2'v--� 9;phis, (, 6'I) s,yy or dldoy -uos�e9, $200 be Sworn and subscribed to before, me this P a I) 1 1 a n b �o; awooul duella; :.1 -0 Pu0 s)i)aueq AUbdwoa pooh can ad automa' y nz 19 day Of Mar_('.yl.A.D. , 19 f OP i algo�O4,ud a60 )o fineA gi, of 01 'Punoae>loaq Royal pooh uJ'm 1,3 through ten _ . Paousiledxa jo) nuluado uo 8-4- eM. wig ono u1 suoRowojtl oy an(] ba�yr+vw JNb'1SISSy you cant, FAA lQu pobo0-ZZfo-66[-Auog �auuosaad 3Nf118cj03 SCS• .................... SS3ISOH'. s� s .................... of a at aalHsva' 9es•••••••••••• SNDllyna3saa, WAN1 MowryNotary commission Expirate es Oct. My commission Expires Oct. 26, 1974 i•""'"•"'•""""' 1SId/,l' os Y•••••••^•• Bonded by AmericanFire$CasnaltyCo. oef"^"'••'•'• Aa1y13M:13S 21r'.: (Otheiiiha,Pa s3 VS�Iy13a se s.........• .............. xed UP SB 5•••••••••••• Ay01a lal'J lan013 TO sb Ali OOIf'••..•..•••.. iSIN011d3738 FOR BEST ar1�r JNId33NN008 OOIf'••••••••••••••• HONnd 1.1>I OOIf-"'• A�olenaS 3A11n06X3 !; OSIS.••••••. S3ly5 3AIlnnw❑ . MICROFILMED344-80 ORDINANCE N0. 2-73 AN ORDINANCE AMENDING ORDINANCE NO. 12-71, AS AMENDED, BY FURTHER RESTRICTING THE MAXIMUM DENSITY, HEIGHT, AND MAXIMUM LOT COVERAGE FOR STRUCTURES; PROVIDING AN EFFECTIVE DATE. PURSUANT TO ARTICLE XXI, SECTIONS 12-18, CITY OF CAPE CAN- AVERAL CHARTER, BE IT ORDAINED BY THE CITY COUNCIL OR BY THE QUAL- IFIED ELECTORS OF THE CITY OF CAPE CANAVERAL AS FOLLOWS: SECTION 1. ORDINANCE NO. 12-71 AS AMENDED BY ORDINANCES NUMBERED 18-71, 2-72, 19-72 AND 22-72 IS HEREBY FURTHER AMENDED AS FOLLOWS: (A) SECTION VII, R-1 SINGLE FAMILY DWELLING DISTRICT, PARAGRAPH 1, SHALL BE REVISED TO READ: PRINCIPAL USES AND STRUCTURES - SINGLE FAMILY DWELLINGS, PROVIDED HOWEVER, THAT IN NO CASE SHALL THERE BE MORE THAN FOUR AND THREE -TENTHS (4.3) DWELLING UNITS PER NET RESIDENTIAL ACRE. (B) SECTION VII, R-1 SINGLE FAMILY DWELLING DISTRICT, PAR- AGRAPH 5, SHALL BE REVISED AS FOLLOWS: FROM: MINIMUM TO: MINIMUM LOT AREA LOT AREA 7,500 10,000 SQ. FT. SQ. FT. (C) SECTION V11, R-2 ONE, TWO AND MULTIPLE FAMILY DWELLING DISTRICT, PARAGRAPH 1, SHALL BE REVISED TO READ: PRINCIPAL USES AND STRUCTURES - SAME AS R-1 AND IN ADD- ITION TWO FAMILY DWELLINGS AND MULTIPLE FAMILY DWELLINGS, PROVIDED HOWEVER, THAT IN NO CASE SHALL THERE BE MORE THAN FIFTEEN (15) DWELL- ING UNITS PER NET RESIDENTIAL ACRE. (D) SECTION VII, R-3 MULTIPLE FAMILY DWELLING DISTRICT, PAR- AGRAPH 1, SHALL BE REVISED TO READ: PRINCIPAL USES AND STRUCTURES SAME AS R-1 AND IN ADD- ITION: (A) DELETED. (B) TWO FAMILY DWELLINGS AND MULTIPLE FAMILY DWELLINGS AND HOTELS AND MOTELS, PROVIDED HOWEVER, THAT IN NO CASE SHALL THERE BE MORE THAN FIFTEEN (15) DWELLING UNITSFOR MULTIPLE FAMILY OR THIRTY (30) RENTAL UNITS FOR HOTELS AND MOTELS PER NET RESIDEN- TIAL ACRE. *I * * * * * * * * * (E) SECTION VII, R-3 MULTIPLE FAMILY DWELLING DISTRICT, PARAGRAPH 5, SHALL BE REVISED AS FOLLOWS: FROM: MAXIMUM LOT COVERAGE RESIDENTIAL AND OFFICES 40% MINIMUM LIVING OR MAXIMUM FLOOR AREA HEIGHT NONE MULTIPLE FAMILY: FFFTrTFAI!'V — Lcn RUCROFILMED 3.14-80 CHURCHES, HOSPITALS 35% * * .* NONE HOTELS, MOTELS 40% * * * NONE TO: MINIMUM MAXIMUM LOT LIVING OR MAXIMUM COVERAGE FLOOR AREA HEIGHT MULTIPLE FAMILY, RESIDENTIAL AND OFFICES 250 CHURCHES, HOSPITALS 25% 'HOTEL, MOTELS * * * 45 FEET, * * * MULTIPLE FAMILY: (DELETED) * * * * * * 45 FEET 40% * * * 45 FEET 'HOTEL AND MOTEL UNITS CONTAINING PROVISIONS FOR COOKING OR LIGHT HOUSEKEEPING SHALL MEET THE REGULATIONS OF MULTIPLE FAMILY, RESI- DENTIAL AND OFFICES CATEGORY ABOVE. (F) SECTION VII, R-3 MULTIPLE FAMILY DWELLING DISTRICT, PARAGRAPH 8, SHALL BE REVISED TO READ: A TEN (10) FOOT LANDSCAPED BUFFER ADJACENT TO ANY STREET AND TWO AND ONE-HALF (2.5) FEET LANDSCAPED BUFFER ADJACENT TO ANY ABUTTING LOT SHALL BE REQUIRED. (G) SECTION VII, C-1 LOW DENSITY COMMERCIAL DISTRICT, PARAGRAPH 1, SUB -PARAGRAPH (E) SHALL BE REVISED TO READ: HOTELS, MOTELS - IN NO CASE SHALL THERE BE MORE THAN THIRTY (30) RENTAL UNITS PER NET RESIDENTIAL ACRE OR SHALL A RENTAL UNIT HAVE A FLOOR AREA LESS THAN 300 SQ.FT. (H) SECTION VII, C-1 LOW DENSITY COMMERCIAL DISTRICT, PARAGRAPH 1, SUB -PARAGRAPH (M), SHALL BE REVISED TO READ: MULTIPLE FAMILY DWELLINGS, PROVIDED HOWEVER, THAT IN NO CASE SHALL THERE BE MORE THAN FIFTEEN (15) DWELLING UNITS PER NET RESIDENTIAL ACRE. (I) SECTION VII, C-1 LOW DENSITY COMMERCIAL DISTRICT, PARAGRAPH 5, SUB -PARAGRAPH (A), SHALL BE REVISED TO READ: MULTIPLE FAMILY DWELLINGS, HOTELS, MOTELS SAME AS R-3 (J) SECTION VII, T-1 TOURIST DISTRICT, PARAGRAPH 1, SUB -PARAGRAPH (A), SHALL BE REVISED TO READ: OR 2-73 PA(;F 2 nPx MICROFILMED 3-14-80 MULTIPLE FAMYLY DWELLINGS, MOTELS AND HOTELS, PROVIDED � HOWEVER, THAT IN NO CASE SHALL THERE BE MORE THAN FIFTEN (15) DWELLING UNITS FOR MULTIPLE FAMILY OR THIRTY (30) RENTAL UNITS FOR HOTELS AND MOTELS PER NET RESIDENTIAL ACRE. (K) SECTION VII, T-1 TOURIST DISTRICT, PARAGRAPH 5, SHALL BE REVISED IN ITS ENTIRETY TO READ: AREA AND DIMENSION_REGULATIONS MINIMUM LOT AREA: 6000SQ. FT. MINIMUM LIVING OR FLOOR AREA MINIMUM LOT WIDTH: 50 FT. MULTIPLE FAMILY: MINIMUM LOT DEPTH: 120 FT. MAXIMUM LOT COVERAGE: 40% EFFICIENCY — 450 SQ.FT. MAXIMUM HEIGHT: 60 FT. 1 BEDROOM — 850 SQ. FT. 2 BEDROOMS — 1050 SQ. FT. MINIMUM YARD REQUIREMENTS PLUS 200 SQ. FT. FOR EACH FRONT: 25 FT. PLUS 2FT. FOR ADDITIONAL BEDROOM EACH 10 FT. OF BUILDING HEIGHT OR INCREMENT THEREOF OVER 40FT. MOTELS, HOTELS: MINIMUM FLOOR AREA SHALL BE 300 SIDE INTERIOR LOT: 15 FT. PLUS SQ. FT. PER RENTAL UNIT 2 FT. FOR EACH 10 FT. OF BUILD— ING HEIGHT OR INCREMENT THERE— OTHER THAN ABOVE: 600 SQ.FT. OF OVER 40 FT. SIDE CORNER LOT: SAME AS FRONT REAR: 20 FT. PLUS 2 FT. FOR EACH 10 FT. OF BUILDING HEIGHT OR INCREMENT THEREOF OVER 40 FT. (L) SECTION VIII, SUB—SECTION 1, RPUD: DENSITY, SHALL BE REVISED TO READ: DENSITY OF THE RPUD SHALL BE THE SAME AS THE ZONED DISTRICT IN WHICH IT IS LOCATED. PEMITTED DENSITY IN RPUD IS AS SET FORTH IN THE SCHEDULE BELOW: �. R-2 15 DWELLING UNITS PER NET RESIDENTIAL ACRE R-3 15 DWELLING UNITS PER NET RESIDENTIAL ACRE C-1 15 DWELLING UNITS PER NET RESIDENTIAL ACRE (M) SECTION XII SHALL BE AMENDED BY THE ADDITION OF A NEW SUB—SECTION AS FOLLOWS: 21. DEDICATED PUBLIC LAND e DEDICATED PUBLIC STREETS, WALKWAYS, ALLEYS, OR ACCESS— WAYS SHALL NOT BE CLOSED OR RELOCATED AS PART OF OR IN CONJUNCTION WITH ANY PRIVATE DEVELOPMENT SCHEME. SECTION 2. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS ADOPTION BY THE CITY COUNCIL OR UPON ITS APPROVAL BY THE QUALIFIED ELECTORS OF THE CITY OF CAPE CANAVERAL AS SET FORTH IN ARTICLE XXI, SECTION 12 — 18, CITY OF CAPE CANAVERAL CHARTER. ADOPTED THIS 27TH DAY OF MARCH, 1973, BY REFERENDUM VOTE OF THE CITY OF.CF!PE'CANAVERAL. ATTEST: CITY CLERK 6PPROVED AS` TOFORM: CITY ATTOR EY OR 2-73 I CITY COUNCIL 1Y11 V"ur lLiVil=U 4-/-4-OU MARCH 27, 1971 SPECIAL MEETING CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON MARCH 27, 1973 AT 10:00 P.M. THE MEETING WAS CALLED TO ORDER BY MAYOR GEORGE H. FIRKINS, JR. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT: MAYOR FIRKINS; COUNCILMEN E. H. RHAME, A. M. RUTKOWSKI, G. J. SALVAGGIO AND MRS. ANN THURM; CITY MANAGER A. J. FRANCIS; ASSISTANT CITY ATTORNEY RICHARD SCOTT; CITY CLERK ANITA OSTROM; SGT. AT ARMS OFFICER HILL. ITEM 1. RESOLUTION 73-13 - CERTIFICATION OF ELECTION RESULTS MAYOR FIRKINS CALLED FOR THE CERTIFICATION OF ELECTION RESULTS I FROM THE CLERK OF THE ELECTION BOARD, MRS. ALICE SCABAROZI. SHE RE- PORTED THE TOTAL NUMBER OF VOTES 798; FOR THE ORDINANCE 482, AGAINST THE ORDINANCE 316. THE MAYOR THEN OPENED THE ABSENTEE BALLOTS AND THESE WERE CAN- VASSED BY COUNCIL. RESULTS OF THE ABSENTEE BALLOTS WERE AS FOLLOWS: FOR THE ORDINANCE 3, AGAINST THE ORDINANCE 12, MAKING THE TOTAL VOTE AS FOLLOWS: FOR THE ORDINANCE 485, AGAINST THE ORDINANCE 328, WITH A TOTAL VOTE OF 813. MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION CER- TIFYING THE RESULTS OF THE SPECIAL REFERENDUM FOR INITIATIVE PETITION FOR ORDINANCE ON MARCH 27, 1973." MR. RHAME MOVED FOR ADOPTION OF THE RESOLUTION. MRS. THURM SECONDED THE MOTION. MR. JOHN STARLING, ATTORNEY FOR SEVERAL LARGE PROPERTY OWNERS IN THE CITY, SPOKE TO COUNCIL PROTESTING THE ELECTION AS INVALID, REFERRING TO SECTION 176.06 OF THE FLORIDA STATUTES. MR. STARLING LISTED SEVERAL REASONS FOR THIS PROTEST OF THE ELECTION. ,A COPY OF THIS TRANSCRIPT IS ATTACHED HERETO AND MADE A PART OF THESE MINUTES. MR. RUTKOWSKI INTERRUPTED MR. STARLING ON A POINT OF ORDER, SUGGESTING THAT HIS PRESENTATION WAS NOT RELEVANT TO THE MATTER BE- FORE COUNCIL. A VOTE WAS TAKEN FROM COUNCIL AS TO WHETHER OR NOT TO PERMIT MR. STARLING TO PROCEED WITH HIS PRESENTATION. THE VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAGGIO, MAYOR FIRKINS; OPPOSED MR. RUTKOWSKI AND MRS. THURM. MOTION CARRIED. MR. STARLING PROCEEDED WITH HIS PRESENTATION IN PROTEST OF THE ELECTION. MR. SALVAGGIO ASKED THAT THE CITY ATTORNEY GIVE HIS OPINION ON THE VALIDITY OF THE ELECTION. MR. SCOTT STATED THAT THE ELECTION WAS IN ACCORD WITH THE CHARTER OF THE CITY AND THE ELECTION CODE. MR. r MICROFILMED 4-24-80- . R-IAME THEN CALLED THE QUESTION FOR ADOPTION OF THE RESOLUTION. COUNCIL VOTED UNANIMOUSLY FOR APPROVAL. BY MOTION OF MR. RUTKOWSKI, SECONDED BY MR. RHAME, THE MEETING WAS ADJOURNED AT 10:25 P.M. APPROVED THIS 27the DAY OF MARCH 1973. r CITY CLERK JOR M#CROH,L.IMED 4-10-8o RESOLUTION NO. 73-13 A RESOLUTION CERTIFYING THE RESULTS OF THE SPECIAL REFERENDUM FOR INITIATIVE PETITION FOR ORDINANCE ON MARCH 27, 1973. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. THE CITY COUNCIL, SITTING AS THE CANVASSING BOARD, ACCEPTS WITH APPROVAL THE CERTIFICATION OF THE ELECTION RETURNS AS REPORTED BY THE ELECTION BOARD FOR THE SPECIAL REFERENDUM FOR INITIATIVE PETITION FOR ORDINANCE ON MARCH 27, 1973, AND CERTIFIES AS PROPER 1_ ABSENTEE BALLOTS OPENED AND CANVASSED IN PUBLIC MEETING. THE TOTAL VOTE WAS AS FOLLOWS: FOR THE ORDINANCE 485 AGAINST THE ORDINANCE 328 SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT IMMEDIATELY UPON ITS ADOPTION. ADOPTED BY THE CITY COUNCIL OF TH CITY OF CAPE CANAVERAL, FLORIDA, IN SPECIAL MEETING ON THIS 27TH DAY 0 LARCH, 1973. c ATTEST: CYTY CLERK F. x ICpOFIL NI D s v TRANSCRIPT OF THE PROCEEDINGS OF TIIE CITY COUNCIL MEETING HELD ON MARCH 27TH, 1973 AT 10:00 O'CLOCK P.M. CAPE CANAVERAL CITY HALL THEREUPON, The City Council Meeting was called to order by Mayor George Firkins, who thereupon, led the pledge of allegiance to the United States of America. The City Clerk called the roll. Present were, Councilwoman Ann Thurm; Councilman G.J. Salvaggio; Mayor George Firkins; Councilman Harrison Rhame; Councilman Tony Rutkowski; Mr. Bert Francis, the City Manager; Mr. Richard Scott, the City Attorney,, and the Sergeant At Arms were all present. MAYOR FIRKINS: The first item is reso- lution 73-13, certification of election results. Mrs. Scabarozi? MRS. SCABAROZI: Seven hundred and ninety- eight voters voted, the total for the ordinance four hundred and eighty-two; against the ordinance, three hundred and sixteen. a 2 _ MAYOR FIRKINS: At this time I wonder if I could have the absentee ballots? CITY CLERK: Mr. Mlayor, there are fifteen absentee ballots and they've all bean checked, they are registered voters. 14AYOR FIRKINS: Thank you, ma'am. (Thereupon, Mayor Firkins was handed the fifteen absentee ballots.) MAYOR FIRKINS: Against -- Against -- Against -- For -- Against -- Against -- Against - Against - For -- Against -- For -- Against -- Against -- Against -- Against. The absentee ballots as presented were, Three for the ordinance, and Twelve against the ordinance. Resolution Number 73-13, a resolution certifying the results of the Special Referendum for Initiative Petition for ordinance on March 27th, 1973; Be It Resolved by the City Council of the City of Cape Canaveral, Florida, as follows: Section One: The City Council sitting as a canvassing board accepts with approval the certification of the election returns as recorded by the election board for the special referendum for Initiative MICROFILMED 4-24.8`0 - 3 - Petition ordinance on March 27th, 1973, and certifies as proper, fifteen absentee ballots opened and canvassed in a public meeting. The total vote was as follows; For the ordinance, four hundred and eighty- five; against the ordinance, three hundred and twenty-eight. Section Two: This resolution shall take effect immediately upon its adoption, adopted by the City Council, the City of Cape Canaveral, Florida, at a special meeting on this 27th day of March, 1973. COUNCILMAN RHAMis: Mr. Mayor, I move the resolution 73-13 be adopted. COUNCILWOMAN THURM: I'll second the motion. (Applause.) MR. JOHN STARLING: Mayor, Mr. Mayor, may I be recognized, please? MAYOR FIRKINGS: Yes, sir. MR. STARLING: Mr. Mayor and members of the Council, my name is John Starling. I'm a lawyer with the firm of Crofton, Holland and Starling, 509 Palm Avenue, Titusville, Florida. I am appearing at - 4 - this meeting on behalf of my clients, who are iden- tified as follows: Cevesco, Inc., a Delaware corpora- tion; Engineers Central, Inc., a Florida corporation; The Top of The Cape, Inc., a Florida corporation; Canaveral Reach Gardens, Inc., a Florida corporation; Shuford Development Co., a Florida corporation, and Shuford Mills, Inc., a North Carolina corporation. And would like to make several points concerning the! election and protest the election, and request this board not to certify the results of the election, inasmuch as my clients believe the election is an invalid election. First of all -- (There was a slight outbreak in the proceedings.) -- in connection, we have previously filed in this proceeding on behalf of my clients, certain protest petitions filed pursuant to provisions of Section 176.06 of the Florida Statutes, which pro- vide in part "that if twenty percent or more of the affected properties protest the change in zoning, any amendment to the zoning ordinance, including regu- lations amending the rights affecting a particular -- that particular classification, shall not be affected except by a favorable vote of three -fourth`s, of:' the - 5 - governing body of the municipality," The voters of Cape Canaveral have chose to be the governing body of this municipality. And it is our contention that a seventy-five percent vote is required to carry this ordinance. The ordinance, as I understand it:, witheight hundred and thirteen people voting, less; than sixty percent voted favorable and not meeting the seventy-five percent requirement, the election. did not pass and the ordinance is not adopted. We also feel that the Initiative Petition, as we have stated previously, is invalid and that this Court -- that this Board -- I beg your pardon, I'm getting a little bit. ahead of myself -- (Outburst) -- but we will be there sooner or later. But the Initiative Petition is invalid for various reasons, and as I pointed out before, therefore, the Initiative Petition should not have been accepted originally and the election should not be certified as being proper. It is my information that there was seven hundred and twenty-one electors in the City at the time that the Petition was filed, two hundred and three of these petition-- voters were ruled to be valid. Our information shows that of the two hundred and three petitioners to the original petition, that L." - 6 - eighty-seven of those persons did not sign as their named appeared on the voter registration roll, and if you deduct these eighty-seven from two hundred and three, there is not a sufficient twenty percent peti- tion to have activated the ordinance. (Outburst.) Of the two hundred and three people accepted on the petition, twelve showed addressed that are not shown on the voter registration roll; of the two hundred and three people who signed the petition, it is our information that fifty of those persons' signatures were not signatures of the voters or are questionable signatures. Of the two hundred and three people that signed the petition, it is our information that the person who gave the affidavit' swearing that they had saw the person sign it, filed a false affidavit. And, therefore, for those reasons it is our contention that the Initiative Petition is invalid and not sufficient jurisdiction was invoked to activate the election process. It is also our petition that the public hearings come as required by the laws of the State of Florida, and particularly Chapter 176 of the Statutes, and also, as required by the City Charter of the City of Cape Canaveral, were not held in accord- WCROFiLiAv'_iED) 4-24-3;Q ance with law. It's our further position, that notice was not given to affected property owners in accord- ance with the clear requirements of Section 176.051 of the Florida Statutes, in which the City has a mandatory notice, to give notice by mail to each property owner whose zoning classification is to be affected. And that Section also required the City t Clerk to file an affidavit as to such mailing, this was not done in this case. we further object to the City Council accepting the certification of this election on the grounds that the petition, the Initiative Referendum violates the statutory scheme as reflected in the Florida Statutes, in particular, Chapter 176, for the enactment of zoning measures. I specifically call the attention of the Council to the case reported in 61 So.2d. 416, a 1952 Florida Supreme Court case in which the court specifically held in the instance that Initiative Referendum could not be used on such matters as it was used in this particular incident. MR. RUTKOWSKI: Mr. Mayor, I would like to call a point of order. This Council is being asked to certify whether certain tallies are proper. This discussion is not relevant to our certifying that the MICROFILMiED 4,24,L o — e — tallies be proper, that's the only matter before us now. MR. SCOTT: Mr. Rutkowski, Mr. Starling is challenging the whole process. And I would say, I understand what the resolution is for and I think at this time he would be allowed to present this at this meeting, and I would expect that this is the best time to let him present his argument, and I would advise Council as to what I think the City should do. But I feel it would be a proper discussion at this time, since he's asking Council not to even certify these results, not to even go through with this resolution. MR. RUTKOWSKI: Well, the resolution, as I understand it, simply states that we are to certify a certain number of ballots were opened in the meet- ing and the total vote was as follows, that's the only thing that this Council was being asked to pass upon. MR. SCOTT: That's correct. MR. RUTKOWSKI: Well, what does this dis- cussion have to do relative to that? MR. SCOTT: Well, he's apparently chal- lenging the whole procedure, saying that it's invalid. MR. RUTKOWSKI: But the whole procedure t�ilf,®i 1Li�� 4-2-4-80 - s — is not before us tonight. MR. SCOTT: That's correct, but he's saying even this portion of it -- of the procedure is incorrect. But it's up to the Council if they wish to hear the gentleman or not. MR. RUTKOWSKI: I call the question. MR. SCOTT: It would be my position, because we're in the discussion portion, that this would be a proper discussion. MAYOR FIRKINS: Mr. Starling, you may continue. MR. RUTKOWSKI: Point of order, we have to vote on that, Mr. Mayor, it's a matter of parlia- mentary law. MAYOR FIRKINS: Let me call for a point of order on Mr. Rutkowski's statement; all in favor of Mr. Starling continuing his discussion, please raise their right hand. sign. (G.J. Salvaggio, Harrison Rhame and Mayor Firkins, raise their right hand.) MAYOR FIRKINS: oppose by the same (Thereupon, Ann Thurm and Mr. Rutkowski raised their right hand.) 11-24-60 - 10 - MAYOR FIRKINS: Mr. Starling, you may proceed. SIR. STARLING: I will try to speed it up, I only have a few more remarks to make, gentlemen, so please bear with me. I had rude the point that the Referendum and the election which you are about to consider certifying here, violates the statutory scheme for the enactment of zoning ordinances. And I call your attention specifically to Section 176.04 and .02 of this Statute and the City Charter has a like provision saying that regulations relating to zoning should be made in accordance with a compre- hensive plan, which was not done in this case. I also, in relationship to the statutory norm for zoning, raise the point that under the system of government as the courts recognize it, that the matters such as were decided or purported to be decided in this election, are not delegable to the public, it is the public officials who have the main duty to decide this matter as that governing body exists from time to time. I also state that the Initiative ordi- nance which was voted on violates the fair housing law and the civil rights act. (At this point, there was A t,' a substantial outbreak during the proceedings.) MR. STARLING: Which, in particular, in regard to that I call attention to the ten thousand square foot minimum lot requirement as set forth for R-1 Zone and direct a remark to the Council that the purpose -- the obvious purpose of such a requirement of having a ten thousand square foot lot is to discriminate against minorities. (At this point in the pro- ceedings there was another slight outbreak.) MAYOR FIRKINS: I think that when Mr. Starling has the floor, whether it be Mr. Starling or Mr. Jones, we will give him the courtesy of listening to him. I will not hear no further out- bursts from the audience, for I do have the power to - remove you. MR. STARLING: For these reasons, Mr. Mayor, and members of the Council, it is the position of my clients that the entire procedure represented by this election is invalid and that this Council should not certify the results of an invalid election. MR. SALVAGGIO: Mr. Mayor, does our City Counsel have any rebuttal to Mr. Starling's remarks? MICROFILiMiEED - 12 - MR. SCOTT: Mr. Mayor, I cannot fully rebut, since I wasn't prepared for the argument, but I car only adv=ise the Council a_ this time, the election was conducted in accordance with the City Charter, it was conducted in accordance with the State election cod` that we have adopted. I think it's incumbent upon the City Council to vote for this resolution at this time. The questions that Mr. Starling has raised, I think, are juris- dictional type of questions, constitutional questions that I don't think Council can act upon -- in fact, doesn't have the power to act upon at this time. I think the only proper procedure for the City is to certify the results of the election, that's the only matter before this Council today. COUNCILMAN RHAME: Mr. Mayor, I call the question. MAYOR FIRKINS: All in favor of resolu- tion 73-13, as read, please raise their right hand. (Thereupon, Ann Thurm, G.J. Salvaggio, Harrison Rhame, Mr. Rutkowski, all raised their right hand.) MAYOR FIRKINS: Oppose by the same sign. (no one opposed.) mous ly . MIOROFIU. `. ED 4-214.880 -- 13 - MAYOR FIRKINS: Motion carried unani-- (;hereupon, the Council Meeting was adjourned at 10:25 o'clock I hereby certify that the foregoing pages, numbered 1 through 13, inclusive, are a true and correct record of the transcript of the proceed- ings as adduced by me at the time and place herein- above mentioned. GERARD F. RYAN Official Court Reporter