HomeMy WebLinkAboutAgenda Packet 05-19-2015 [city seal]
CITY OF
CAPE CANAVERAL
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
May 19, 2015
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item that
is listed on the agenda for final official action by the City Council excluding public hearing items which are heard
at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational
items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City
Council will not take any action under the "Public Participation" section of the agenda. The Council may
schedule items not on the agenda as regular items and act upon them in the future.
CONSENT AGENDA:
6:15 p.m. — 6:20 p.m.
1. Approve Minutes for Regular City Council Meeting of April 21 , 2015.
2. Resolution No. 2015-06; updating and modifying Resolution No. 2014-22 which
sets forth the City's list of State Road A1A Improvement Priorities; requesting
FDOT provide an updated traffic study for the portion of State Road A1A located
within the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date.
PUBLIC HEARING:
6:20 p.m. — 6:30 p.m.
3. Ordinance No. 05-2015; amending Chapter 98, Subdivisions, and Chapter 110
Zoning, of the Code of Ordinances; amending the technical requirements for
sidewalks within the City; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the Code; severability; and an effective date,
first reading.
ITEMS FOR ACTION:
6:30 p.m. — 6:40 p.m.
4. Resolution No. 2015-05; relating to Fire Protection and Emergency Medical
Services provided by the Cape Canaveral Volunteer Fire Department, Inc.;
authorizing an addendum to the operating equipment lease agreement and the
City of Cape Canaveral, Florida
City Council Meeting
May 19, 2015
Page 2 of 2
contract for services for purposes of modifying the term so the two agreements
have the same termination date of September 30, 2034; providing for an effective
date.
REPORTS:
6:40 p.m. — 7:00 p.m.
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.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING #1
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 21, 2015
6:00 PM
MINUTES
CALL TO ORDER: Mayor Pro Tern Hoog, serving as the Chair, called the Meeting to Order
at 6:00 P.M. and led the pledge of allegiance.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Moog
Council Member Buzz Petsos
Council Member Betty Walsh
Council Members Absent:
Mayor Rocky Randels
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
Administrative/Financial Services Director John DeLeo
Economic DevelopmeeN Director Todd Morley
Community Development Director David Dickey
Leisure Services Director Gustavo Vergara
Public Works Services Director Jeff Ratliff
Public Works Services Deputy Director Lonnie Dunn
Brevard County Sheriff Major Paul Ring
Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham
PUBLIC PARTICIPATION:
Craig Kittleson addressed the renting of residential dwelling units that do not conform to City
Code 110 - 487, which requires rental in a residential district be no less than 7 days. He
described advertisements found on the internet and advocated for active enforcement of the
City Code. Discussion ensued. No action was taken.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 21, 2015
Page 2 of 4
Gerald Mierle introduced himself as the new Commander of VFW Post 10131. He
announced an event that includes "The Moving Wall Memorial" which honors individuals
who died as a result of the 9-11 terrorist attack, Iraq and Afghanistan Wars. The event will
be held on May 9th and 10th in the parking lot of the VFW along N. Atlantic Avenue.
Suzanne Elliott thanked individuals who attended/supported the event to raise money for
"Friendship Park". She indicated the "Friends of Friendship Park" raised enough money to
hire a grant writer to obtain funding for a park on the south side of City, which will preserve
the history of the community as well as the trees. She encouraged Council Members to get
involved with the project and referred to an article in Florida Today.
PRESENTATIONS / INTERVIEWS:
Proclamation designating May 16, 2015 as "Kids to Parks Day": Mayor Pro Tem Hoog
read the Proclamation into the record and encouraged individuals to visit a park.
CONSENT AGENDA:
Mayor Pro Tem Hoog inquired if any items are to be removed from the Consent Agenda
for discussion. No items were removed.
1. Approve Minutes for Regular City Council Meeting of March 17, 2015:
2. Approve renewal of James Moore & Co., P.L. as Independent Auditor and
authorize execution of Engagement Letter:
3. Approve the Sole-Source purchase of two positive displacement blowers from
Universal Blower Pac, Inc. in the amount of $43,615 and authorize the City Manager to
execute the Contract:
4. Award contract for construction of Lift Station Nos. 6 and 7 Improvements to
Atlantic Development of Cocoa, Inc. in the amount of $1,152,194.76 and authorize the
City Manager to execute the Construction Agreement for same:
5. Award Sole-Source contract for rehabilitation of the stormwater pipe along West
Central Boulevard to 1PR Southeast, Inc. in the amount of $241,825 and authorize the
City Manager to execute the Construction Agreement for same:
6. Approve Work Squad Contract WS917 between the Florida Department of
Corrections and the City of Cape Canaveral in the amount of$57,497 and authorize the
City Manager to execute the Contract:
7. Resolution No. 2015-03; reappointing Members to the Board of Adjustment,
Community Appearance Board and Construction Board of Adjustment and Appeals of the
City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
City of Cape Canaveral, Florida
City Council Regular Meeting
April 21, 2015
Page 3 of 4
severability; and an effective date. (Arvo Eilau, Mary Jo Tichich, Randy Wasserman,
William Budesa and Geoff Goetz):
A motion was made by Council Member Petsos, seconded by Council Member
Walsh, to approve Consent Agenda items one through seven. The motion carried
4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For;
Council Member Petsos, For; Mayor Randels, Absent; and Council Member Walsh,
For.
ITEMS FOR ACTION:
8. Approve termination of Beach Access Easement between Seaport Oceanfront
Condominium Association, Inc. and the City of Cape Canaveral and authorize execution
of same: Mayor Pro Tern Hoog explained the request. Council Member Walsh declared
a voting conflict, Form 8B attached hereto. Mr. John Benton asked for clarification of the
location of the Easement, to which Mr. Hoog provided said location. City Manager Greene
provided further explanation of reasons to vacate the Easement. A motion was made
by Council Member Bond, seconded by Council Member Petsos, to approve the
termination of the beach access easement and authorize execution of same. The
motion carried 3-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels. Absent; and Council
Member Walsh, Declaring a conflict of Interest.
9. Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise.
(a) Award contract for Commercial Beach Mobile Cart Vending Service Operation
Franchise for Food and Non-Alcoholic Beverages to MAGEC, LLC for a provisional six-
month period;
(b) Authorize City Manager to execute agreement for same;
(c) Authorize City Manager to extend agreement during ordinance development
period without need for further City Council approval:
Leisure Services Director Vergara explained the events which led to the Request for
Proposal for'Commercial Beach Vending. He showed videos of the motorized cart which
is proposed to be used by MAGEC, LLC, which is prohibited by the City Code. City
Manager Greene reviewed Staff recommendations, as listed on the Agenda. Discussion
ensued and included: shaved ice and bottled water will be sold using biodegradable
containers; the test period of the mechanical cart; the requirement for the Vendor to wear
shirts; the information provided by Staff and where the motorized cart would access the
beach. Consensus was reached to add the use of the Washington Avenue
Emergency Beach access, which is not made of wood, as a condition of the
Agreement. A motion was made by Council Member Walsh, seconded by Council
Member Petsos, to Award contract for Commercial Beach Mobile Cart Vending
Service Operation Franchise for Food and Non-Alcoholic Beverages to MAGEC,
LLC for a provisional six-month period; authorize City Manager to execute
City of Cape Canaveral, Florida
City Council Regular Meeting
April 21, 2015
Page 4 of 4
Agreement for same; authorize City Manager to extend Agreement during
ordinance development period without need for further City Council approval and
include the modification discussed this evening about the access point. The
motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro
Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Council
Member Walsh, For.
REPORTS:
Council Member Bond expressed his desire to resolve the Short-Term Rental problems.
He urged for additional no parking signs at the Harbor Heights Beach End. He thanked
Leisure Services Director Vergara and his Staff Members for the preparation of Manatee
Sanctuary Park for the Space Coast League of Cities (SCLOC) Dinner.
Council Member Walsh also thanked Staff for their support of the SCLOC Dinner. She
congratulated the Sun Space and Sea Team and all other individuals who participated in
the Relay for Life at Port Canaveral. She hoped for a cancer free future. Ms. Walsh
noted positive comments received from residents in the Puerto Del Rio Condominium
Complex related to Staff's hard work/outreach program for the Banana River Park
improvement project. She spoke of the stip Current Signs and hoped they could be
posted at the private accesses to the beach in an effort to keep visitors informed. Ms.
Walsh felt item number five would be a good project.
Council Member Petsos commended Staff for all work and noted the Brevard County
Sheriffs Office has been working on the parking issues at the Harbor Heights Beach End.
He inquired if the Space Coast Transportation Planning Organization has provided any
recent traffic counts. City Manager Greene indicated he was not aware of any new
figures; however, he spoke of an upcoming Resolution to the Department of
Transportation which would include the request for an updated traffic count.
Mayor Pro Tem Hooq complimented Public Works Services Director Ratliff and Deputy
Director Dunn for their work on their agenda items.
Joyce Hamilton thanked Judy & Jim Hale and Council Member Petsos for their work on
the Trash Bash.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 6:43 P.M.
Angela M. Apperson, MMC, Bob Hoog, Mayor Pro Tem
City Clerk
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME FIRST NAME MIDDLE NAME
Walsh Betty NAME OF COMMISSION,AUTHORITY,OR COMMITTEE
MAILING ADDRESS 140 Seaport Blvd City of Cape Canaveral Council
THE BOARD CO, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
CITY Cape Canaveral FL COUNTY ") Brevard X CITY ❑ COUNTY ❑OTHER LOCAL AGENCY
NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED
4/21/15 MY POSITION IS:
X ELECTIVE ❑ APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the
parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a"relative"includes only the officer's father, mother, son,daughter, husband,wife, brother, sister,father-in-law,
mother-in-law,son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above,you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting;and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency,and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, Betty Walsh , hereby disclose that on April 21 --------------------, 2015
(a)A measure came or will come before my agency which(check one)
❑ inured to my special private gain or loss;
inured to the special gain or loss of my business associate, ;
_ inured to the special gain or loss of my relative, ;
X inured to the special gain or loss of Seaport Oceanfront Condo Assoc , by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the m asure is follows:
I manage the Seaport Oceanfront Condo Assoc.
Date Filed 4/21/15 Signature Betty Walsh
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION,REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B-EFF.1/2000 PAGE 2
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 5/19/2015
Item No. 2
Subject: Resolution No. 2015-06; updating and modifying Resolution No. 2014-22
which sets forth the City's list of State Road A1A Improvement Priorities; requesting
FDOT provide an updated traffic study for the portion of State Road A1A located within
the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date.
Department: Economic Development
Summary: At the Regular Meeting of July 15, 2014, the City Council adopted
Resolution No. 2014-22, approving the City's list of State Road A1A Improvement
Priorities. The Priorities have evolved as Staff increases its focus on
walkability/bikeability and continues to engage with the Florida Department of
Transportation, the consulting firm of Kimley-Horn & Associates as well as the Space
Coast Transportation Planning Organization regarding State Road A1A Multimodal
Corridor Improvements. Resolution No. 2015-06, Attachment 1, officially
updates/acknowledges the City's strong desire for these improvements to come to
fruition. The numbering of the Priorities has been revised to send a message that we
are placing the greatest emphasis on public safety. Chief among them is the message
that the speed limit be reduced to 35 m.p.h. A new traffic study is requested to assist
in evaluating peak traffic volumes associated with multiple cruise ships in Port
Canaveral and weekend traffic.
Attachment 2, Exhibit "A" City of Cape Canaveral Prioritized SR A1A Improvements,
compiles/ranks updated concerns.
Submitting Department Director: Todd Morley Date: 5/6/15
Attachments:
1. Resolution No. 2015-06
2. Exhibit "A" - Prioritized SR A1A Improvements
Financial Impact: Undetermined; Staff time preparing Agenda item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/12/15
The City Manager recommends that City Council take the following action:
Adopt Resolution No. 2015-06.
Approved by City Manager: David L. Greene Date: 5/12/15
Attachment 1
RESOLUTION NO. 2015-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
UPDATING AND MODIFYING RESOLUTION NO. 2014-22
WHICH SETS FORTH THE CITY'S LIST OF STATE ROAD
AlA IMPROVEMENT PRIORITIES; REQUESTING FDOT
PROVIDE AN UPDATED TRAFFIC STUDY FOR THE
PORTION OF STATE ROAD AlA LOCATED WITHIN THE
CITY OF CAPE CANAVERAL; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast
Transportation Planning Organization ("TPO") and the A1A Action Team, which consists of a
group of organizations, businesses and residents along the State Road A1A Corridor, seek to
address multimodal transportation along A 1 A from the Pineda Causeway(State Road 404)to State
Road 528 in the City of Cape Canaveral; and
WHEREAS, in order to address such multimodal transportation, FDOT engaged the
services of Kimley-Horn & Associates, Inc. ("Kimley-Horn"), to perform the State Road A1A
Multimodal Improvement Corridor Planning and Engineering Analysis ("A1A Analysis");
WHEREAS, the vision for the A 1 A Analysis is to have a corridor that functions as a safe
and efficient multimodal corridor that connects and supports the economic viability of several
communities and is also aesthetically pleasing while providing a sense of community through
innovation, design and connectivity; and
WHEREAS, the A 1 A Analysis is intended to streamline development of feasible
improvement strategies to address locally identified transportation,community planning and urban
design issues such as corridor beautification, way-finding signage, undergrounding of utilities,
traffic calming, pedestrian and bicycle facility enhancements, improved transit service,
intersection improvements and other infrastructure improvements; and
WHEREAS, as part of its engagement of services to FDOT, Kimley-Horn requested that
the City of Cape Canaveral and other stakeholders of the A 1 A Analysis provide information
related to each stakeholder's top priorities for the State Road A1A corridor; and
WHEREAS,the City Council desires to promote the safety,efficiency,innovation,design,
connectivity and aesthetics of the State Road A1A corridor and has prioritized the City's desired
improvements related to that portion of the State Road A1A corridor located within the City; and
City of Cape Canaveral
Resolution 2015-06
Page 1 of 3
WHEREAS, the City Council on July 15th, 2014 approved Resolution No. 2014-22
approving the City's list of State Road A1A Improvement Priorities and the City Council hereby
desires to modify and update such priorities; and
WHEREAS, the City Council is aware of a City-wide increase in bicycle ridership and
pedestrian activity and desires to promote safe and attractive bicycle and pedestrian crossings and
amenities along State Road A1A; and
WHEREAS, the City Council additionally desires that FDOT provide an updated traffic
study for that portion of the AlA corridor located within the City of Cape Canaveral; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. Approval of A1A Priorities. The City Council of the City of Cape Canaveral
hereby approves a modified list of the City's priorities for improvements to that portion of State
Road AlA within the City of Cape Canaveral, as attached hereto and incorporated herein by
reference as Exhibit "A." It is intended that underlined type indicates additions to, and strikeout
type indicates deletions from, the text set forth in Exhibit "A" that was initially approved via
Resolution 2014-22.
Section 3. Request for Updated Traffic Study. The City Council of the City of Cape
Canaveral hereby requests that the Florida Department of Transportation provide an updated traffic
study for that segment of State Road A 1 A located within the City of Cape Canaveral which
accounts for weekday and weekend day peak visitor traffic periods including all cruise ships
embarking/disembarking from Port Canaveral.
Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida,
this 19th day of May, 2015.
City of Cape Canaveral
Resolution 2015-06
Page 2 of 3
Rocky Randels, Mayor
ATTEST:
Angela Apperson, MMC
City Clerk
Name For Against
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2015-06
Page 3 of 3
Attachment 2
Exhibit "A"
City of Cape Canaveral
Prioritized SR A1A Improvements
Public Safety Priority Items
1. Lower speed limit to 35 m.p.h.
2. More crosswalks:
Crosswalks need to be safe and at key locations (i.e., bus stops, car rentals, commercial areas,
etc.). Install signalized crosswalk system and decorative crosswalks at two critical SR
A l A pedestrian crossing locations as follows:
a. Columbia Drive (across SR A 1 A to Church Ln.). This is a location where many children
cross SR A1A; and
b. SR A1A between Yogi's Food&Discount Beverage(6850 N.Atlantic Ave.)and
Eberwein Commercial Plaza (6811 N. Atlantic Ave.). This is in the
vicinity of a high residential population on the west side of SR A1A which frequents the
convenience stores on the east side of A1A.
3. Intersection improvements:
a. Installation of brick pavers or STS Paveway Systems crosswalks; and
b. Construction of a right turn lane on westbound Central Boulevard to accommodate
northbound turn movement onto SR A1A.
c. Add northern crosswalk across A 1 A at Central Blvd.
d. Sequence light timing to eliminate right-turn-on-red and left-turn-on-green vehicle
movements while crosswalk is in use by pedestrians.
4. Pedestrian/Bicycle Safety Improvements: Cape Canaveral encompasses 1.9 square miles in
area and has a population just over 9,900. Because the City does not have a very large land
area,most local trips are within a reasonable walking or cycling range. Census data show that
in 2012, 49% of the population was 55 years of age or older, and 4.3% of the population was
between 5 and 14 years of age.
The school age population needs to be able to get to school safely. Most of the 379 students
at Capeview Elementary live within walking or biking distance to school. Forty-three
elementary school students are bussed to school, and a total of 216 middle school and high
school students living in Cape Canaveral are bussed to Cocoa Beach Junior Senior High
School. They must be able to reach their assigned bus stops safely and have a safe place to
wait for the bus.
The popularity of cycling has been growing since 1995, especially among older riders. More
than one third of the increase in bicycling is coming from people between the ages of 60 and
79. Ridership rates in the 60-79 age group has increased over 320% since 1995. This trend is
observable in Cape Canaveral, where many older riders use the Ridgewood Pedway.
a. Construction of wide sidewalks or pedways (appropriately marked/stenciled for bicycles)
along SR A1A to more safely accommodate pedestrians and bicyclists; most sidewalks
along SR A1A are not ADA compliant. Construction of wider pedway(8' — 10') along east
side of SR A1A from North Atlantic to south of the City. This concept will need to be
coordinated with commercial property owners.
b. Construction of improved decorative crosswalks within existing intersections; provide
additional mid-block crosswalks to provide safer pedestrian/bicycle movement across SR
AlA at selected locations. Crosswalks and bus stop locations should be aligned.
c. Coordination of a bikeway (10' - 12') from the Port's Cove, underneath flyover, and
connecting to the City's riverfront parks (Banana River and Manatee Sanctuary).
Construction of improved bike lanes by width, striping, reflectors and signage; installation
of bike racks and rest areas in shaded landscape settings.
5. Realignment of International Drive:
This will require right-of-way (ROW) acquisition funding to realign International Drive with
North Atlantic Avenue. This improvement must address not only the roadway alignments, but
also stormwater drainage(possible wet detention pond)and pedestrian/bike crossings. Include
marked crosswalks on all sides of this intersection.
6. Urban roadway profile:
a. Installation of wider landscaped medians with managed turning movements; low
landscaping in medians to maintain driver visibility, with higher landscaping along
sidewalks/pedways.
b. Installation of landscaping from North Atlantic Avenue to south of City on the sides of the
roadway with cluster landscape settings.
c. Installation of street furniture and decorative lighting (solar powered lighting where
possible).
d. Construction of curb and gutter along both sides of roadway. This will require limited/as-
necessary right-of-way acquisition funding for stormwater ponds and clipped corners at
intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-
swales will need to be located near existing storm drain inlets so stormwater overflow can
enter system.
7. Construction of stormwater improvements that address ponding and water quality, including
pre-treatment for nitrogen and phosphorus; stormwater gardens might be considered in historic
ponding areas. These improvements will need to be low-maintenance and near stormwater
outfalls.
City Vision Items
8. Reduction in overhead lines to include undergrounding of utilities and replacement of existing
utility poles with decorative poles. There are over 100+ overhead wires crossing SR A1A in
the City. Any reduction in these wires (without impacting existing services) would improve
the aesthetics of the entire corridor.
9. Synchronized signal timing. Vary timing to allow for industrial traffic times.
10. Provide two or more bus turn-off lanes including shelter and bicycle rack.
Coordinate with bus traffic routes and high volume pick-up points.
11. Support City signage at north and south entrances of the City, coordinated with new
City branding.
12. Provide kiosks along landscaped walkways directing pedestrians to Parks,
Police and City facilities.
13. Wayfinding signage. Effective wayfinding signage will be efficiently limited in number, enhanced
with landscaping and consistent with the City's new brand.
City of Cape Canaveral
[city seal] City Council Agenda Form
City Council Meeting Date: 05/19/2015
Item No. 3
Subject: Ordinance No. 05-2015; amending Chapter 98, Subdivisions, and Chapter
110 Zoning, of the Code of Ordinances; amending the technical requirements for
sidewalks within the City; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the Code; severability; and an effective date, first
reading.
Department: Public Works Services
Summary: Chapter 98 of the City Code regulates subdivision activities. As written, the
existing Code is outdated in respect to sidewalk design criteria. Chapter 110, which
regulates the zoning activities, must also conform to sidewalk design changes made to
Chapter 98.
Attached Ordinance No. 05-2015 adds dimensions, clarification and standardization to
sidewalk design within the City. Many existing sidewalks are only four feet wide. This
current width does not promote the walk-able/bike-able vision the City is promoting as
more development/redevelopment occurs within the City. Some of the clarified/added
items are, but not limited to, the following:
• Standardized widths of sidewalks to no less than five feet wide.
• Increase of the compressive strength of concrete used for sidewalk construction
from 2,500 psi to 3,000 psi.
• Mandate that sidewalks in front of driveways be a minimum of six inches thick.
• Specifies how to transition new sidewalk construction widths to existing four feet
wide sidewalks.
Submitting Deputy Director: Lonnie Dunn Date: 05/06/2015
Attachment: Ordinance No. 05-2015
Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and
codification.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/8/15
The City Manager recommends that City Council take the following action:
Approve Ordinance No. 05-2015, first reading.
Approved by City Manager: David L. Greene Date: 5/11/15
ORDINANCE NO. 05-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 98, SUBDIVISIONS, AND CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES; AMENDING THE
TECHNICAL REQUIREMENTS FOR SIDEWALKS WITHIN THE
CITY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral 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 City Council of the City of Cape Canaveral desires to have safe and
efficient sidewalks to support the bicycling and pedestrian community and has determined that
City sidewalks contribute to the general quality of life for the residents of Cape Canaveral; and
WHEREAS, the City Council desires to update the existing City Code related to sidewalks
to ensure that the Code provides the design and specifications needed to safely and efficently
accommodate the City's bicycling and pedestrian public; and
WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
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. Amendment to Chapters 98 and 110. Chapters 98, Subdivisions, and 110,
Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as
follows (underlined type indicates additions and stfikeeut type indicates deletions, while asterisks
(***) indicate a deletion from this Ordinance of text existing in Chapter 98 or Chapter 110. It is
intended that the text in Chapter 98 or Chapter 110 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.05 -2015
Page 1 of 4
* * *
Sec. 98-92. - Streets.
(a) Arterial streets cross sections of a subdivision shall be in accordance with the city
comprehensive plan and as determined by the city engineer and approved by the planning
and zoning board.
(b) Collector streets shall have either:
(1) A 60-foot-wide right-of-way, two 20-foot-wide pavements, four-foot-wide separation
strips, no less than five-foot-wide sidewalk on each side; or
(2) A 60-foot-wide right-of-way, 40-foot-wide pavement and no less than five-foot-
wide sidewalk on each side.
(c) Minor streets for row houses and apartments shall have a 60-foot-wide right-of-way, 36-
foot-wide pavement, and no less than five-foot-wide sidewalks on each side. For residences,
minor streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and no less
than five-foot-wide sidewalks on each side.
(d) Marginal access streets shall have a 50-foot-wide right-of-way, 24-foot-wide pavement, and
no less than five-foot-wide sidewalks on each side.
* * *
(t) Sidewalks shall be constructed as follows:
(1) Residential areas shall have a sidewalk no less than five feet wide.
(2) Arterial and collector streets shall have a sidewalk no less than five feet wide.
(3) All sidewalks shall be a minimum of three and one-half inches thick, 3000 2.500 psi
concrete, reinforced with six by six # ten welded wire mesh or with polypropylene
fibers ("Fibermesh"), with expansion joints at 30-foot intervals and construction joints
at five foot intervals.
(4) All sidewalks in front of driveways shall be a
minimum of six inches thick, 3000 psi concrete, reinforced with six by ten (6x10)
welded wire mesh or with polypropylene fibers ("Fibermesh"), with expansion joints at
30-foot intervals and construction joints at five foot intervals.
(u) Driveway apron shall be a minimum of six inches thick, 3000 2300 psi concrete, with six by
six # ten, welded wire mesh. Driveways shall be a minimum of three and one-half inches
thick, 3000 psi concrete, with a six by six # ten welded wire mesh or with
polypropylene fibers ("Fibermesh").
* * *
City of Cape Canaveral
Ordinance No.05-2015
Page 2 of 4
Sec. 110-475. - Sidewalks required.
(a) Construction of sidewalks shall be required in conjunction with the construction of any
building or development on property abutting any paved street, public and private, within
the city limits.
(b) Sidewalks shall be no less than five feet wide
regardless of zoning district.
Sidewalks and concrete aprons will net be required across asphalt paved driveways. Sidewalks
along State Highway A l A will require a permit from the state department of transportation
and shall be no less than five feet wide.
(c) Sidewalks being installed on a street within the same block which already has sidewalks or
portions of sidewalks installed must transition to the width of the existing
sidewalks, but shall be no less than five feet in width. The transition distance
between the two different widths of sidewalks will be a minimum of five feet.
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.
City of Cape Canaveral
Ordinance No.05-2015
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2015.
Rocky Randels,Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk,MMC
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading: May 19, 2015
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No.05-2015
Page 4 of 4
City of Cape Canaveral
City Council Agenda Form
[city seal] City Council Meeting Date: 05/19/2015
Item No. 4
Subject: Resolution No. 2015-05; relating to Fire Protection and Emergency Medical
Services provided by the Cape Canaveral Volunteer Fire Department, Inc.; authorizing
an addendum to the operating equipment lease agreement and the contract for services
for purposes of modifying the term so the two agreements have the same termination
date of September 30, 2034; providing for an effective date.
Department: Administrative Services
Summary: In September 2007, the City Council approved the Contract for Fire
Protection and Emergency Medical Services (Contract for Services) and the Operating
Equipment Lease between the City of Cape Canaveral, Florida and the Cape Canaveral
Volunteer Fire Department, Inc., DBA Canaveral Fire Rescue (CFR). Both the Contract
for Services and the Operating Equipment Lease were for a ten (10) year term.
The Contract for Services was amended by yearly Addendums, which were adopted
via Resolution No. 2008-26, 2009-32, 2010-19, 2011-14, 2012-19, 2013-21 and 2014-
29, to adjust the compensation for the ensuing Fiscal Year. In September 2013, the
yearly Addendum also extended the Contract term for a period of time equal to twenty
(20) years from the date the Certificate of Occupancy (C.O.) was issued for the new
Fire Station. The C.O. was issued on September 11, 2014. Therefore, the Contract
for Services now expires on September 11, 2034; however, the Operating Equipment
Lease is set to expire on September 30, 2017.
The City and CFR desire to have both Contracts end to coincide with the Fiscal Year
(September 30, 2034). Resolution No. 2015-05, attached, modifies the terms so the
two agreements have the same termination date of September 30, 2034. Fire Chief
Sargeant has reviewed/approved the Addendum.
Submitting Department Director: John DeLeo Date: 5/7/2015
Attachment: Resolution 2015-05
Financial Impact: Staff time and effort to prepare this item.
Reviewed by Administrative/Financial
Services Director: John DeLeo Date: 5/12/15
The City Manager recommends that City Councilke the following action:
Adopt Resolution No. 2015-05.
Approved by City Manager: David L. Greene Date: 5/12/15
RESOLUTION NO. 2015-05
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, RELATING TO FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES
PROVIDED BY THE CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC.; AUTHORIZING AN
ADDENDUM TO THE OPERATING EQUIPMENT LEASE
AGREEMENT AND THE CONTRACT FOR SERVICES
FOR PURPOSES OF MODIFYING THE TERM SO THE
TWO AGREEMENTS HAVE THE SAME TERMINATION
DATE OF SEPTEMBER 30, 2034; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Cape Canaveral Volunteer Fire Department, Inc. currently provides fire
protection and emergency medical services to the City and its citizens pursuant to City Charter
and that certain Contract for Services, approved by the parties and memorialized in writing by
City Resolution 2007-27, as amended by City Resolutions 2008-26, 2009-32, 2010-19, 2011-14,
2012-19, 2013-21, and 2014-29, and by that certain Operating Equipment Lease Agreement,
dated September 25, 2007, approved by the parties; and
WHEREAS,the term for the Contract for Services expires on September 11, 2034, while
the term for the Operating Equipment Lease Agreement expires on September 30, 2017; and
WHEREAS, the parties desire to amend the aforesaid agreements so the term of each
agreement expires on the same day and on the City's last day of the fiscal year on September 30,
2034; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. The Mayor and City Clerk are authorized to execute an addendum to the
Contract for Services and Operating Equipment Lease Agreement between the City of Cape
Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. so the term of each
agreement expires on September 30, 2034. A copy of the addendum is attached hereto and made
a part hereof by this reference as if fully set forth herein.
Section 2. This Resolution shall become effective immediately upon its adoption.
(Remainder of Page Intentionally Blank. Signatures Follow)
ADOPTED in regular meeting of the City Council of the City of Cape Canaveral,
Brevard County, Florida, this 19th day of May, 2015.
Rocky Randels, Mayor
ATTEST:
Name For Against
Angela Apperson, MMC, City Clerk
John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
ADDENDUM
CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
OPERATING EQUIPMENT LEASE AGREEMENT
THIS ADDENDUM is entered into this 19th day of May 2015, by and between the
CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City"), and the CAPE
CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC., a non-profit Florida corporation
(hereinafter called the"Corporation").
WHEREAS, Corporation currently provides fire protection and emergency medical
services to the City and its citizens pursuant to City Charter and that certain Contract for Services
approved by the parties and memorialized in writing by City Resolution 2007-27, as
subsequently amended by Resolutions 2008-26, 2009-32, 2010-19, 2011-14, 2012-19, and 2013-
21, and 2014-29(hereinafter"Service Agreement"); and
WHEREAS, the current term of the Service Agreement expires on September 11, 2034;
and
WHEREAS, the City and Corporation have also entered into that certain Operating
Equipment Lease Agreement, dated September 25, 2007 (hereinafter"Lease Agreement");and
WHEREAS,the current term of the Lease Agreement expires on September 30, 2017;
and
WHEREAS, the parties desire to amend the aforesaid agreements so the term of each
agreement coincide with each other and expire on the same day and on the City's last day of the
fiscal year on September 30,2034; and
NOW THEREFORE, in consideration of mutual promises, and other lawful
consideration,which the parties hereby acknowledge is sufficient and received, the City and the
Corporation agrees as follows:
1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully
incorporated herein by this reference.
2.0 The term of the Service Agreement and Lease Agreement is hereby amended so that
the term of each agreement shall be extended to coincide with each other and terminate on
September 30, 2034. All other terms and conditions of the Service Agreement and Lease
Agreement not modified by this Addendum shall remain in full force and effect.
3.0 The undersigned signatories hereby represent for their respective entities that they
are duly authorized to execute this Addendum on behalf of their respective entity. Further,upon
execution of this Addendum, the Addendum shall be deemed a binding obligation on their
respective entity on whose behalf they have executed the Addendum.
IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by
their duly authorized representatives as of the date first written above.
1 | Page
CITY: CORPORATION:
City of Cape Canaveral Cape Canaveral Volunteer Fire Department,Inc
Rocky Randels,Mayor David Sargeant,Fire Chief/CEO
Date: Date:
ATTEST:
Angela Apperson,City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY FOR THE
CITY OF CAPE CANAVERAL ONLY:
Anthony A. Garganese,City Attorney
2 I Page