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Home My WebLink AboutPacket 05-07-2002CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CONSENT AGENDA �ity of Cape Canaveral JNCIL REGULAR MEETING CITY HALL ANNEX enue, Cape Canaveral Florida TUESDAY May 7, 2002 700 PM DA 1 City Council Regular Meeting Minutes of April 16,, 22002 2 Letter of Support for the Distribution of Federal Anti` Drug Abuse Act Funds for the 2002/2003 Fiscal Year 3 Transportation Impact Fee Trust Fund Disbursement Abreement with Brevard County for the Funding of a Pedestrian Bridge end Related Sidewalks along the West Side of SR Al —� ORDINANCE First Public Hearing 4 Motion to Adopt Ordinance No 09 2002 Amending Code Section 110 137 Procedures for Amendments and Rezoning for second reading RESOLUTIONS 5 Motion to Adopt Resolution No 2002 13 Final Plat Approval of Adams Villas -- Phase 11 6 Motion to Adopt Resolution No 2002 14 Final Plat Approval of Jefferson Villas 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape e mail ccapecanaveral@cfl rr com City of Cape Canaveral Florida City Council Regular Meeting May 7 2002 Page 2 7 Motion to Adopt Resolution No 2002 15 Supporting Inclusion of A Bicycle and Pedestrian Lane In the Redesign of State Road 528 Indian River Bridge 8 Motion to Adopt Resolution No 2002 16 Final Plat of Tyler Gardens DISCUSSION 9 Controlling Non Point Source Runoff Pollution from Roads 10 City Code of Ordinances Review of Chapter 22 11 Sanitary Sewer Cost Sharing REPORTS 1 City Manager 2 Staff 3 City Council AUDIENCE TO BE HEARD Comments will 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 ADJOURNMENT Pursuant to Section 286 0105 Flonda 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 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Cape Canaveral Florida TUESDAY April 16 2002 7 00 PM MINUTES CALL TO ORDER ROLL CALL Council Members Present Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present Bennett Boucher City Manager Mark McQuagge City Attorney Susan Stills City Clerk Morris Reid Building Official Ed Gardulski Public Works Director Jim Tuggle of Waste Management Industries Inc who was recently appointed to Operations Manager introduced himself to the audience and availed his services to the Council on behalf of the company CONSENT AGENDA Mayor Randels asked if any Council Member staff or interested party desired to remove an item from the Consent Agenda for discussion Mr Morgan requested to remove Item No 5 from the Consent Agenda for discussion Mayor Pro Tem Petsos requested to remove Item No 4 from the Consent Agenda for discussion A motion was made by Mr Weber and seconded by Mr Morgan to Approve Consent Agenda Items No 1 2 3 6 7 8 9 10 11 and 12 The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 2 City Council Regular Meeting Minutes of April 2 2002 2 Resolution No 2002 12 Reappointing Members to the Community Appearance Board (Bowman & Hayes) 3 Proclamation for National Public Works Week 6 Cooperative Purchase for the Paving of Banana River Drive in the amount of $13 000 to V A Paving Inc 7 Easement Agreement with Douglas C Wilson Parcel #24 37 26 CH 00000 0 0024 01 8 Easement Agreement with Douglas C Wilson Parcel #24 37 26 CH 00000 0-0025 00 9 Easement Agreement with Jean Jones Porter Parcel #24 37 26 00-00252 0 0000 0 10 Easement Agreement with Jean Jones Porter Parcel #24 37 26-00-00253 1 0000 00 11 Easement Agreement with Randall O Brien, Parcel #24 37 23 -JI -0000 0 0000 00 12 Easement Agreement with Christ Lutheran Church of Cape Canaveral, Parcel #24 37 23-00-00282 0 0000 00 For the audience s clarification Mayor Randels explained that the city received a grant from the Florida Department of Transportation to perform some beautification enhancements along SR Al City staff has since requested a 20 foot property easement from the business owners on SR Al in order to do the landscaping and the easements in Consent Agenda Items No 7 through 12 reflect the easements that were agreed upon ITEMS REMOVED FOR DISCUSSION 4 Design/ Build Proposal from Brown & Caldwell Inc for Rehabilitation Work at the Wastewater Treatment Plant in the amount of $111 000 Mayor Pro Tem Petsos inquired about the availability of an updated proposal Mr Gardulski Public Works Director distributed a proposal revised as of March 28 2002 Mr Gardulski stated that Mr Hortenstine did not plan to change the original engineering design from Hartman and Associates Inc however he would proceed with any City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 3 recommended design changes if flaws were found Mayor Pro Tem Petsos requested that the firm keep the Council apprised of any design flaws Mr Hortenstine stated that three tasks were involved in the proposal 1) to review the record drawings 2) to proceed into the field and provide an evaluation for example removing parts that would uncover the extent of the underlying corrosion and 3) to make the necessary repairs Mr Hortenstine explained the pertinent issues as corrosion and the pre treatment and equalization basin walkway settling He said that the City might want to consult with a geo technical engineer in the future to address the differential settling problem Mr Morgan pointed out that the settlement occurred over a period of several years Mr Morgan expressed this as his major concern because of the type of soil at the plant in that the settling might not have ended Mayor Pro Tem Petsos concurred with Mr Morgan and said that he did not wish to make repairs that would be necessary again at a later time Mr Hortenstine replied that a benchmark on the tank monitored monthly would detect movement Mr Morgan stated that this situation should be addressed before the repairs Mr Hortenstine replied that the repair between the pre treatment structure and the equalization basin is a life safety issue He recommended attaching the stairway with a solid connection on one tank and a bearing plate on the other tank to deter a problem if settling continues Mr Treverton expressed his concern with the lump sum payment required for the project He asked if the firm could identify the extent of repairs as problems are detected and establish costs as repairs are needed at possibly a lower rate Mr Hortenstine explained the need to use a defined cost in a design/build project Mayor Randels summarized for the audience that repairs are needed at the wastewater treatment plant due to corrosion of steel at the aerator bridge corrosion of steel at the clarifier bridge and pulling away of an elevated walkway but the extent of damage is unknown at this time Mr Hortenstine stated that once structures are removed then the extent of repairs could be established Mr Hortenstine suggested to encumber the funds at this point and to set aside for possible engineering repairs Mayor Randels clarified that the Council decided on the design/build to avoid bids on various sub contracted repairs Mr Treverton restated his concern with the lump sum cost and asked if the design/ build pricing could be adjusted as the project proceeds Mr Hortenstine stated that if any subcontracted work is priced lower than the anticipated cost his firm is not the recipient of any extra profit He again suggested encumbering the funds and issuing a purchase order for the first two tasks Mr Treverton said that he had no problem with the scope of the work however he wanted accountability for the costs Mayor Randels concluded discussion by saying that a cost breakdown would specify the work done and the cost required City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 4 A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve Consent Agenda Item No 4 for the revised Design/Build Proposal from Brown and Caldwell Inc for Rehabilitation Work at the Wastewater Treatment Plant in the amount of $112 000 The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 5 Cooperative Purchase for the Paving of all the Roads within the Harbor Heights Subdivision in the amount of $78 900 to APAC Florida Inc Mayor Randels explained that this is a cooperative purchase with a County bid being paid for in two ways 1) 21 900 from the Sewer Reserve Funds and 2) the general paving in the amount of $57 000 from the General Fund Mr Morgan asked if this paving project would include Sea Shell Lane just south of the Harbor Heights area Mr Boucher stated that due to re platting that townhouse development that lane is now an access easement Mr Morgan replied that Emergency and City vehicles use the road and said that the City is incurring the same problem on Holman Road Further discussion clarified that Sea Shell Lane is a private drive Mayor Pro Tem Petsos then inquired about the County contract in comparative cost to the VA paving project on Banana River Blvd Mr Gardulski responded that the County contract is $1 00 lower per yard He said that VA Paving was approached for this paving project however they were unavailable at this time Mr Gardulski affirmed to Mayor Randels that this project included milling Mayor Randels asked if the millings on the subsequent projects would be rolled or dumped Mr Bandish replied that the millings would be rolled at the Harbor Heights Beach parking area and Oak Lane Mr Gardulski responded to Mr Morgan that Oak Lane has been dedicated up to the Jamieson property A motion was made by Mr Morgan and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Item No 5 for the Cooperative Purchase for the Paving of all the Roads within the Harbor Heights Subdivision in the amount of $78 900 to APAC Florida Inc The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For ORDINANCES Second Public Hearing 12 Motion to Adopt Ordinance No 02 2002 Amending the Official Zoning Map as Described in Section 110 246 by Changing the Class of Certain Property from R 2 to M 1 on 4 601 Acres and R 2 to C1 on 5 375 Acres Mayor Randels referred to a letter from Attorney Jack Kirschenbaum that requested to postpone this matter until May Mr Boucher stated that he spoke to Mr Kirschenbaum and suggested May 21St in order for staff to send out notices to adjacent property owners City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 5 A motion was made by Mr Weber and seconded by Mr Morgan to honor the applicant s request The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 13 Motion to Adopt Ordinance No 07 2002 Amending Code Section 2 234 Payment of Impact Fees Mayor Randels read Ordinance No 07 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 2 234 PAYMENT OF IMPACT FEES BY AMENDING THE TIME REQUIREMENTS RELATED TO PAYMENT FROM AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICTE OF OCCUPANCY PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to adopt Ordinance No 07 2002 Amending Code Section 2 234 Payment of Impact Fees at second reading Mr Morgan reminded that he had brought up a possible conflict of Interest and he had requested that he receive a letter from the City Attorney The City Attorney responded and also provided U S Supreme Court case law Mr Morgan stated that he did not have a conflict of interest on this matter Attorney McQuagge replied to Mr Treverton that the Impact fees would be paid with certified funds Mayor Randels spoke on behalf of retaining the present impact fee payment process in that a developer is issued a building permit however sewer capacity might not be available at the time of the issuance of a certificate of occupancy Mr Reid replied that a concurrency is performed that checks the levels of service for water and sewer prior to issuing a building permit Mr Reid stated that Public Works performs a quarterly concurrency report and results are available for review at any time The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 14 Motion to Adopt Ordinance No 08 2002, Amending Code Section 78 122 Payment of Sewer Impact Fees Mayor Randels read Ordinance No 08 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 78 122 PAYMENT OF SEWER RATE ASSESSMENT BY AMENDING THE TIME REQUIREMENT FOR PAYMENT OF THE SEWER ASSESSMENT FROM AT THE TIME OF THE ISSUANCE OF THE SEWER PERMIT TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICTE OF OCCUPANCY PROVIDING FOR SEVERABILTY City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 6 PROVIDING FOR REPEAL OF CONFLIICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr Weber and seconded by Mr Treverton to adopt Ordinance No 08 2002 Amending Code Section 78 122 Payment of Sewer Impact Fees at second reading Mayor Randels questioned the language in Section One that reads accept as provided in Section 78 34 a building permit shall not be issued unless a sewer permit has been first obtained Mayor Randels asked if that conflicts with Section One that requires payment of the sewer assessment at the time of the issuance of the sewer permit Mr Boucher replied that a sewer permit fee is still required Attorney McQuagge stated that the language reads correctly in that there is a difference between a sewer assessment and a sewer permit The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For CONSIDERATIONS 15 Cooperative Purchase of a 2002 Dodge Pick Up Truck from Jack Caruso s Regency Dodge, Inc in the amount of $17 845 for the Building Department A motion was made by Mr Weber and seconded by Mr Morgan for a Cooperative Purchase of a 2002 Dodge Pick Up Truck from Jack Caruso s Regency Dodge Inc in the amount of $17 845 for the Building Department Mayor Randels informed that this is an additional vehicle for the Building Department staff Mr Weber stated that with all the construction in the City an additional vehicle is needed for the department Mr Morgan stated also that there is an opportunity with the seven year warranty and the staff needs dependable vehicles Mr Treverton concurred his favor on the purchase Mayor Pro Tem Petsos expressed concern with this as an unbudgeted item and the possibility of similar unbudgeted purchases Mayor Pro Tem Petsos requested that this purchase be considered under Impact Fees since the City is compelled to hire additional employees due to new construction An amendment was made to the main motion by Mr Weber and seconded by Mr Treverton to pay for the 2002 Dodge Pick Up Truck from Jack Caruso s Regency Dodge Inc in the amount of $17 845 for the Building Department from impact fees The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For The vote on the main motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For City of Cape Canaveral Florida City Council Regular Meeting Minutes Apnl 16 2002 Page 7 DISCUSSION 16 Transportation Project Funding Mayor Randels stated that these items were chosen in the previous year for the Brevard Metropolitan Planning Organizations implementation 1) International Drive and N Atlantic Avenue reconfigure the alignment of the intersection 2) Install a traffic signal with pedestrian features at AlA and Columbia Drive 3) Install overhead boom mast arm signals at four locations on AlA 4) Street lighting plan and implementation on SR AlA 5) Synchronize traffic lights on SR AlA 6) Construct a Pedway bridge on the West side of SR AlA 7) Design and construct a urban roadway profile on DR AlA and 8) a Pedestrian overpass at AlA & Columbia Drive Mayor Randels asked if there were any changes for the 2003 2008 priority list Mr Weber recommended and Mayor Pro Tem Petsos concurred interchanging items Number 2) Install a traffic signal with pedestrian features at AlA and Columbia Drive and Number 8) Pedestrian overpass at AlA and Columbia Drive on the priority list Mayor Randels clarified that the new Number 2 is Pedestrian overpass at Al A and Columbia Drive and the new Number 8 is Install a traffic signal with pedestrian features at AlA and Columbia Drive Mr Nichols asked if the intersection of AlA and North Atlantic were included with the recommendation for International Drive Mayor Randels read the intended language to reconfigure alignment of the intersection at DRA1A International Drive and N Atlantic SR 401 18 Reserve Fund Policy Mr Boucher explained that this is an item that is reviewed subsequent to the annual audit The City Treasurer provides a synopsis of what has been allocated in the past year and how much is available to allocate this year The balance is close to $319 000 that could be re allocated for projects such as street paving Mayor Pro Tem Petsos stated that an ordinance would designate this Council s desire for the unallocated funds Attorney McQuagge stated that Council could task staff to draft an ordinance for consideration and review with the understanding that change is possible by future Councils Attorney McQuagge questioned if there were any other areas to direct a reservation of funds aside from resurfacing or road paving Mr Weber requested recommendation from the City Manager and staff on those areas 19 Additional Notice Requirements for Zoning Amendments Mayor Randels stated that under the changes to Code Section 110 137 an entity could now also make request for zoning changes Mr Boucher explained that as the law changed processes were streamlined and perhaps one of the items that need to return is notification of adjacent property owners by an applicant requesting a zoning other than the City If the City initiates a rezoning the City would notify all affected property City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 8 owners Mr Boucher explained that another set of notice requirements is done for any other person or entity other than the City that requires legal advertising only however if the City does the rezoning then the City is required to send notices to the affected property owners as well as publish the legal ads Mr Boucher stated that when a person or entity proposes a rezoning in the future the City would send a notice to the adjacent property owners This procedure will be forwarded to the Planning and Zoning Board and a recommendation provided REPORTS City Manager • Mr Boucher commended staff for the quarterly reports and noted that the Sheriffs office and CCVFD report would be submitted when received • Mr Boucher reported on the Pedway bridge progress and that the City received its permits from St John s River Water Management District and is waiting on the Florida Department of Transportation permit • Mr Boucher also reported that SSA is working with the Port Authority on the City sign A change order was issued for a 40 by 40 foot area for site development for the new sign Soil boring will be performed to ascertain the amount of de mucking required • Mr Boucher announced that he received a call from the Coastal Fuels Terminal Manager There has been preliminary discussion within the Corporation for two additional tanks lust south of the storage area Impact to the residential area abutting Shorewood Drive is a matter of concern • Mr Boucher thanked the City Council for inviting City staff to the Space Coast League of Cities monthly meeting dinner 2 Staff Mr Gardulski • Mr Gardulski reported on non conforming asphalt driveways and paving near Yogi s He talked to the Florida Dept of Transportation and any work prior to 1988 is grand fathered in He would comply with Access Code Section 110-493 and proceed to pick the worse two accesses most prone to safety violations Mr Reid Mr Reid reported that Cape Caribe is underway and that the Building Departments work schedule would increase AUDIENCE TO BE HEARD Mr Dave Langstrom new president of the Villages of Seaport requested additional information on Item No 13 Mayor Randels suggested that he request a copy of the background material from the City Clerk s office Attorney McQuagge also recommended that he get a copy of the Planning and Zoning Board minutes as well Robert Beals representing Blarney 67 Inc offices at 201 N Riverside Drive Indialantic dlblal Fairvilla Megastore The purpose of his appearance is to request that the Council consider placing his item on an agenda in order that they more fully develop what he planned to City of Cape Canaveral Florrda City Council Regular Meeting Minutes April 1 fi 2002 Page 9 display with his Landscape Architect He emphasized #hat this pra�ect is designed to correct a deplorable condition in the Florrda Department of Transportation right of way rn which they have no ability to effect under the current situation The condrtron is a health as well as a safety hazard to both pedestrians and vehicles and an aesthetic nightmare He introduced Ms Kathleen Berson with Parterre Landscape Architecture and Site Planning Fairvilla commissioned Ms Berson to design and present a landscape that meets the intent of the City s environmental code including the signage The landscape would also enhance the architecture of the establishment and be of high integrity She described the base foundation as a 40 foot high berm and an undulating bed of ground cover The sign has a base of Impatiens and a canopy tower of Washingtornan palms Mr Treverton asked if Fairvilla owned the property up to SR A1A and what would happen if someone wanted to develop over the landscaping Attorney Beals stated that Fairnlla owns the frontage on SR A1A He explained the Mr Baugher awned the piece between the store parking lot and the frontage Mayor Randels explained that Blarney 67 owns the first 100 feet west from SR A1A Mayor Randels stated that the Council s first concern was the possibility of enlarging the sign and he inquired about the proposed sign s size Ms Berson stated that the proposed signage is 5 feet by 8 feet on the face and 13 foot depth 8 foot height and the the face area is 40 square feet Mayor Randels said that if this landscaping involved expanding or violating the Court decision then the Council chase not to address the matter Attorney Beals restated that his request is to be placed on the next agenda and he had also discussed this with Attorney McQuagge Attomey McQuagge replied that Council could direct staff to meet with Attorney Beals and prepare a proposal item for discussion without action for the next agenda Attorney Beals could then explain how this would affect the settlemen# agreement Mr Morgan inquired if making any amendment to that court order would violate anything else or set a precedent Attomey McQuagge responded that if the court order does have a stamp from a court approved settlement agreement then it is essentially a contract but both parties could amend it However both parties are bound to the contract until they both agree #o make amendments Mayor Pro Tem Petsos asked if a sidewalk could be installed in the proposed area Mr Gardulski replied that drainage is necessary prior to sidewalk installation however the largest cost would be the engineering and construction of a stormwater pipeline Mayor Randels noted that the ditch is approximately 135 feet in length and asked if Mr Baugher would be receptive to the concept Attorney Beals replied that at this point Mr Baugher would duplicate the drainage cultivating sidewalk effort Mr Morgan questioned about the sidewalk that meandered through the landscape and asked if the sidewalk was on Blarney 67 s private property Ms Berson replied that the sidewalk is within the right of way Mr Boucher stated that this item would be placed on the May 21g` City Council agenda for discussion City Clerk • No report City Attorney • Attorney McQuagge reported that he had spoken with the City Manager and recommended a town meeting on the Fire Alarm Code amendments Attomey McQuagge stated that he inquired of other municipalities and his inquiry was their notification of the change Input would be submitted error to the town meeting City of Cape Canaveral Florida City Council Regular Meeting Minutes Apnl 16 2002 Page 10 3 City Council Mr Morgan • Mr Morgan thanked Attorney McQuagge for his response on the Conflict of Interest matter Mr Treverton • No report Mr Weber + Mr Weber announced the Trash Bash on Saturday April 20M with check to sites at Cherie Down Park and the Cape Canaveral Library • Mr Weber also announced that he might not be available for the next City Council meeting Mayor Pro Tem Petsos • Mayor Pro Tem Petsos addressed the City Attorney s inquiry from the Community Appearance Board on reviewing Code Section 22-46 Community Appearance Board Appellate Procedure and asked if Council should expedite review of this section Attorney McQuagge related the concern of the Board for a remedy to allow Council to review any decision prior to an aggrieved applicant proceeding directly to the Appellant Court Mr Boucher stated that this would be a discussion item on the May 7t' agenda • Mayor Pro Tem Petsos commended staff on establishing an escrow account for the overpayment of Fines and Forfeitures The City set aside $91 000 to cover the $89 000 of overpayment by the Clerk of the Court in fines and forfeitures and therefore will not lose revenues as other municipalities Mr Boucher replied that he is compiling background information on the methodology used to determine these costs • Mayor Pro Tem Petsos inquired about recovering sales tax from construction projects Mr Boucher related that Ms Bowers has information for the next agenda + Mayor Pro Tem Petsos requested the actual right of -way on the Fairvilla property Council requested a copy of original settlement agreement Mayor Pro Tem Petsos also requested of the City Attorney to know why Fairvilla was allowed to remain a Keep Florida Beautiful sponsor • Mayor Pro Tem Petsos inquired about the Presidential street signs Mr Gardulski replied that a sample is available and adjustments are being made Mr Steve Anderson Help U Build of America presented his issues on building a home in Cape Canaveral Mr Anderson explained the problems that he incurred with the permitting process and subsequent inspections Mr Anderson stated that Mr David W Gray Company Qualifier was asked for additional information to authenticate his identity Ms Linda Reel President of Help U Budd of America explained the circumstances she described as being double billed for permit fees in that they were told to proceed with the first inspection by Mr Bubb however at a later time they were told that they went past the point of the first inspection and were therefore billed double for permit fees She also voiced her concern with the City regulation to use only Waste Management for dumpster service She expressed that this can be construed as tortious interference with a contract to limit individuals to use only that service Mayor Randels explained that Waste Management has an exclusive contract with the City that includes dumpster service Ms Reel expressed that the City staff did not provide friendly service and displayed an City of Cape Canaveral Florida City Council Regular Meeting Minutes April 16 2002 Page 11 adversarial manner Mayor Randels stated that the Building Departments job is to provide safety in an appropriate and uniform manner Mr Weber stated that the Council is not the place for an administrative matter and expressed that Council should not micromanage a staff issue Mr Morgan expressed that unfortunately the matter is at a point of civil litigation and the Council set laws with an administration that manages the Building Official Attorney McQuagge stated that staff issues exist and if Help U Build feels that they have a class action claim proceed and if they could complete the construction project do that also However the Council could not micromanage to accomplish Mr Anderson s desire If there exists a class action or retaliatory claim that Mr Anderson could pursue then he has a right to do so Mayor Randels • Mayor Randels reported that the 17th Wing from Barksdale Air Force Base has a brand new Coast Guard cutter called the Shrike to escort passenger vessels • Mayor Randels reported that he and Mayor Pro Tem Petsos attended the fundraiser at Jungle Village Family Fun Center for the Children s Home Society • Mayor Randels requested that community photos for the next Quality Cities Magazine Annual Conference issue be submitted to the City Clerk s office Mayor Pro Tem Petsos suggested a photo of the Manatee Sanctuary Boardwalk • Mayor Randels announced the Arbor Day celebration at Washington Park on Friday April 26th with Cape View Elementary • Mayor Randels announced the Health Assessment Testing on May Vt and commented on the extensive health profile questionnaire • Mayor Randels inquired about the status of a stormwater utility Mr Boucher responded he would provide feedback once it is received from the consultant He also said that the County is being asked to perform an analysis on their fees in order to provide background information Public information materials are being compiled for a town meeting • Mayor Randels inquired about the status of baffle box application Mr Boucher replied that the application was submitted to St John s and he is awaiting the contract documents • Mayor Randels inquired about the Ridgewood extension vacation of land Mr Morgan suggested using the land for stormwater retention Mr Boucher said that he would meet first with the presidents of the Ocean Woods and Ocean Oaks Homeowners Groups • Mayor Randels reported that on the Library screen repair and that the Friends of the Library would take action • Mayor Randels referred to the printout of department actions from the City Manager s office Mayor Pro Tem Petsos proposed daily updates • Mayor Randels inquired about tree planting Mr Gardulski responded that he has a meeting on April 19th to designate locations • Mayor Randels distributed the County Managers Progress Report ADJOURNMENT A motion was made by Mr Weber and seconded by Mayor Pro Tem Petsos to adjourn the meeting at 9 37 P M Motion carried unanimously Rocky Randels MAYOR Susan Stills CITY CLERK Meeting Type Regular Meeting Date 05 07 02 AGENDA tI admg Consent Item N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT LETTER OF SUPPORT FOR THE DISTRIBUTION OF FEDERAL ANIT DRUG ABUSE ACT FUNDS FOR THE 2002/2003FY DEPT /DIVISION LEGISLATIVE Requested Action The Sheriff s Department is requesting a letter of support for the two programs mentioned in the attached Ietter Prisoner Transportation/Jail Bookmg System Improvement Program II Elder Service Unit II Summary Explanation & Background Each year the SheniTs Department applies for these funds and a letter of support would be greatly appreciated by the Sheriffs Department Exhibits Attached Letter from the Sheriff dated 04 23 02 Z e ' Office Department LEGISLATIVE ydocu tsladmmlco ng12002)05-07-02lsupport doc BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue Titusville Florida 32780 4095 (321) 2645201 Fax (321) 264 5360 ^1 lL Member April 23 2002 ,_ p Florida Sheriffs Assocol on National Sheriffs Association i�: 'w� Honorable Rocky Randels P O Box 326 / Q itf}: Cape Canaveral Florida 32920 0326 v/ _ Dear Mayor Randels An Internationally Accredited Attached is the Certificate of Acceptance for the Edward C Byrne Formula Grant Law Enforcement Agency executed by Commissioner Truman Scarborough Chairman of the Board Brevard County Board of County Commissioners on April 16 2002 Byrne grant Worth Precinct funding is received by Brevard County each year based on UCR reports and other 700 Park Avenue criminal justice data Brevard County received notification of funding availability Titusville FL 32780 (321) 264 5353 the last week in March 2002 As directed by the Florida Department of Law (321) 264 5359 fax Enforcement an advertised public hearing was held on April 09 2002 in the Florida Room Viera Government Complex where proposals were made Byrne East Precinct Grant Advisory Board by eligible applicant agencies As a result of that hearing 2575 N Courtenay Pkwy Merritt Island FL 32953 the following programs represent 100% of Byrne Grant formula funds allocated to (321) 4551485 Brevard County for Fiscal Year 2002 { 321) 455 1488 fax South Precinct 50 S Nieman Avenue As with each year s funding we are asking for the official endorsement of the above Melbourne FL 32901 funds for Brevard County In order to receive the funding for this program 51% of the (321) 952 4641 (321) 952 4635 fax of the units of general purpose governments in Brevard County must sign an acceptance letter and return it to my office These letters need to be on official Brevard County stationary signed by the top government official in your jurisdiction with general Detention Center administrative oversight responsibilities The deadline for these letters to be in my F 0 Bax 800 860 Camp Road office is. May 15. 2002 Once received I will compile the letters and attach them to Sharpes FL 32959 the grant applications Please bring this issue before the governing boards in your (32 ) 690 1500 (321) 635 7800 fax 02 CJ -2H 06 15-01 152 Canaveral Precinct 111 Polk Avenue Brevard County Sheriff s Office Cape Canaveral FL 32920 prisoner Transportation/ (321)868-1113 (321) 784-8340 fax Jail Booking System Improvement Program II $ 270,535 West Precinct 02 CJ -2H 06 15-01 150 2725 J d9e F a Jam Son Office of the State Attorney Way 8149 L Viera FI. 32940 Elder Service Unit I1 $ 82,500 (321) 533 2123 (321) 633 19b5 fax TOTAL $ 353,035 South Precinct 50 S Nieman Avenue As with each year s funding we are asking for the official endorsement of the above Melbourne FL 32901 funds for Brevard County In order to receive the funding for this program 51% of the (321) 952 4641 (321) 952 4635 fax of the units of general purpose governments in Brevard County must sign an acceptance letter and return it to my office These letters need to be on official Brevard County stationary signed by the top government official in your jurisdiction with general Detention Center administrative oversight responsibilities The deadline for these letters to be in my F 0 Bax 800 860 Camp Road office is. May 15. 2002 Once received I will compile the letters and attach them to Sharpes FL 32959 the grant applications Please bring this issue before the governing boards in your (32 ) 690 1500 (321) 635 7800 fax jurisdiction for resolution Refer to the resolution of endorsement or non endorsement of the proposed spending in your letter I also have the letter in MS Word I can a mail this if requested Do not send these letters to Clayton Wilder in FDLE Send letters to Brevard County Sheriffs Office Finance Unit ATTN Grants 700 S Park Ave Titusville FL 32780 Please feel free to contact me if you have any questions regarding the administration of the Brevard County Byrne Grant 2002 award or the Brevard County submission for this program 321 264 5238 Sincerely I SGT W BUTLER, M P A GxArrr P IALIST ST Wayne er(a�sheriff co brevard fl us SAMPLE LETTER FORMAT April 18 2002 Mr Clayton H Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 1819 Miccosukee Commons Drive Tallahassee Florida 32308 Dear Mr Wilder In compliance with State of Florida Rules and Regulations for grant money allocation the (insert name of your city or town here) approves the distribution of $353 035 00 for Fiscal Year 2002/2003 federal Ants Drug Abuse Act funds for the following projects within Brevard County Implementing Agency Proposed Project Federal Dollar Allocation Brevard County Brevard County Sheriffs Office $270,535 Sheriffs Office Prisoner Transportation/Jail Booking System Improvement Program Office of the State Attorney Elder Service Unit II $ 82,500 TOTAL $353,035 Sincerely Signature of Mayor (Note Any signature other than that of the current Mayor will not be accepted by FDLE ) CERTIFICATE OF PARTICIPATION Federal Fiscal Year 2002 Date April 16.2002 Mr Clayton H Wilder Community Program Admi ustrator Office of Cri anal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee Florida 32308 Dear Mr Wilder This is to inform you that the Board of County Commissioners Accepts XXX Declines the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement s Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants we have designated the following person Name Sgt Wayne Butler Title Grant Specialist E magi address wavne hutler(c�shenff co brevard fl us Agency Brevard County Sheriffs Office Address 700 S Park Ave Titusville FL 32780 Telephone 321 264 5238 County Brevard Date April 16. 2002 Sincerely TRUMAN S SCARBOROUGH Charman Brevard County Board of County Commissioners FELE Florida Department of Law Enforcement James T Tim Moore Commissioner March 11 2002 Office of Criminal Justice Grants The Honorable Truman Scarborough Chairman Brevard County Board of Commissioners 2725 Judge Fran Jamieson Way Viera Florida 32940 Mailing Address Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee Florida 32308 (850) 410 8700 RE Federal Fiscal Year 2002 Byrne State and Local Law Enforcement Assistance Formula Grant Local Share Dear Chairman Scarborough The Florida Department of Law Enforcement (FDLE) anticipates the Federal Fiscal Year 2002 (State Fiscal Year 2003) award from the United States Department of Justice to be $15 209 331 for Local Share Edward Byrne State and Local Law Enforcement Assistance Formula Grant funds This is an increase over the current year funding however when the matrix was run taking into account population and crime statistics some counties allocation was reduced As with last years funding FDLE plans to allocate residual funds to ensure that no county s reduction is more than 10% from the previous year A total of $43 004 will be used for this purpose In accordance with provisions of Chapter 9B 61 Florida Administrative Code FDLE has set aside $353 035 of these funds for use by all units of government within Brevard County The Federal Fiscal Year 2002 (State Fiscal Year 2003) Program Announcement is enclosed for your use and provides guidance for submission of applications for these funds These funds may be used by local units of government to implement projects that offer a high probability of Improving the functioning of the criminal justice system aggressively and effectively responding to violent crime or reducing drug trafficking and abuse Chapter 9B 61 008 Florida Administrative Code requires that as a condition of participation in this program the units of government in each county reach consensus concerning the expenditure of these funds Including the projects to be Implemented as well as the agency responsible for such implementation Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds FDLE recommends that the Board of COMM7tted to Service Integr7ty Respect QuaZ7ty FFY 2002 Local Share Byrne Paqe Two March 11 2002 County Commissioners assume this responsibility In the event the county declines to serve in this capacity the Department will request the governing body of each municipality in the county in descending order of population to serve as the coordinating unit of government The enclosed Certification of Participation form requests the identification of an individual coordinator We will send this individual an application kit that will provide the program details necessary for completion of the application Please complete the enclosed Certificate of Participation and return it within 30 days from the date of this correspondence to Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee Florida 32308 Attention Beth Hamilton We look forward to working with you if you have any questions or if we can provide you with any assistance regarding the Byrne Program please contact me or Beth Hamilton Planning Manager at (850) 410 8700 Sincerely Claytoh H Wilder Community Program Administrator CHWIBHImg Enclosures 1 Program Announcement 2 Certification of Participation Form (Chairman of County Commission only) cc Mayors in Brevard County Law Enforcement Agencies in Brevard County Project Directors in Brevard County C0mm7tted to Service Integrity Respect Qualrty PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2002 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program The State of Florida Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice for $15 209 331 in Local Share Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant funds This announcement is to notify eligible applicants of program requirements Eligible Applicants Units of local government are eligible to receive subgrants from FDLE Units of local government means any city county town township borough parish village or other general purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior Program Strategy and Purposes Units of local government applying for these federal funds must use them to implement projects that offer a high probability of improving the functioning of the criminal justice system aggressively and effectively responding to violent crime or reducing drug trafficking and abuse Projects must comply with the 28 federally authorized program areas and may provide personnel equipment direct services training technical assistance and public information They may include a range of activities including provision of prevention intervention and enforcement initiatives The Department strongly discourages local subgrant funding of projects of less than $25 000 Economies of scale often play an important role in whether a project can achieve its targeted objectives Program Development Each county is allocated a sum of money for use by all local governments within the county This amount is determined through a funding matrix established in administrative rule Chapter 9B 61 008 Florida Administrative Code requires that units of government in each county reach consensus concerning the expenditure of these funds including the projects to be implemented and the agency responsible for such implementation Maximum coordination is required to meet this program requirement and the Department requests the county board of commissioners to coordinate requests for all local governments within the county The Chairman Board of County Commissioners in each county so notified is requested to return to the Department a statement of certification indicating the county s willingness to serve as the coordinating unit of government The certification will also identify the individual that will serve as County Coordinator This certification must be returned within 30 days from the date of receipt of notification In the event the county declines to serve in this Enclosure I FFY 2002 Byrne Program Announcement Page 1 capacity the Department will request the governing body of each municipality in the county in descending order of population to serve as the coordinating unit of government To accomplish these tasks the Department encourages each county to appoint a Substance Abuse Policy Advisory Board the membership of which should include at a minimum the following persons or their authorized designee Chief Circuit Judge State Attorney Public Defender Sheriff Chief of Police of each municipality within the county or a Chief of Police designated by those Chiefs of Police as their representative Jail Administrator Clerk of the Court Superintendent of Education and a representative of local drug treatment programs Each county is also encouraged to designate an Office of Substance Abuse Policy to assist with these tasks Match Requirements Applicants must supply no less than 25 percent of a projects cost in cash from non federal funds however Indian Tribes are exempt from this matching requirement These matching funds must be funds that would not have been available for reduction of arug tratficking ana abuse and violent crime and criminal justice system improvement efforts in the absence of federal funds that is they must represent an additional local effort in addressing these problems Application Requirements and Deadlines Chapter 9B 61 Florida Administrative Code governs program administration and funding Local governments should thoroughly review rule provisions before applying for subgrant funds Once the Certificate of Participation is returned to the Office of Criminal Justice Grants (OCJG) a copy of the application package will be provided to the identified County Coordinator The Department must receive two (2) copies of each application for funding (both with original signatures) no later than 5 00 P M , Tuesdav, June 4, 2002 A separate application must be submitted for each proposed project Applications should be mailed or hand delivered to the following Mr Clayton H Wilder Community Program Administrator Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee Florida 32308 Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county Questions regarding this Program Announcement should be directed to Clayton Wilder Florida Department of Law Enforcement at (850) 410 8700 Enclosure 1 FFY 2002 Byrne Program Announcement Page 2 Meeting Type Regular Meeting Date 05-07 02 AGENDA H ad g Ordinances It m 4 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 09 2002 AMENDING CODE SECTION 110 137 PROCEDURES FOR AMENDMENTS AND REZONING DEPT /DIVISION GROWTH MANAGEMENT/P&Z Requested Action City Council consider approval of Ordinance No 09 2002 that will add a notice requirement for adjacent property owners wftlm 500 feet of the property being rezoned Summary Explanation & Background The Planning & Zoning Board reviewed and recommended this code amendment at their 04 24 02 meeting I recommend approval Exhibits Attached Building Official s memo dated 04 30 02 City Ma er Office Department GROWTH MANAGEMENT/P&Z 6ca docu �adm VneL4mg12002W-07-02109 2002 doe City of Cape Canaveral Build ng Official 9Iloms G mid 105 Polk Ave P 0 Box 326 Cape Canaveral Fl 32920 MEMO Date April 30 2002 Phone 321 868 1222 Fax 321 868 1247 Email rejd cape4dI rr com Web page www myflorida com/c-ipe To Bennett Boucher City Manager From Morris Reid Building Official " rY4 Re Notification of Rezoning At the request of City Council the Planning & Zoning Board Meeting held on April 24 2002 the Board unanimously recommended that the City Council approve proposed ordinance to amend nonce requirements for rezoning Please refer to attached proposed ordinance amending Section 110 137 Procedure for Amendments and Rezoning of the Cape Canaveral Code For additional information please refer to attached background ORDINANCE NO 09 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA, AMENDING CODE SECTION 110 137 PROCEDURES FOR AMENDMENTS AND REZONING BY AMENDING THE NOTICE REQUIREMENTS TO PROVIDE FOR WRITTEN NOTIFICATION TO ALL AFFECTED PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED, by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 110 137 Procedures for Amendments and Rezoning is hereby amended by the addition of written notice requirements to all affected property owners within a 500 feet radius as follows (a) Any amendment to this chapter may be proposed by (1) The City Council (2) The Planning and Zoning Board (3) Any Department or agency of the City (4) Any person or entities (b) All proposed amendments shall be submitted to the Planning and Zoning Board (In its capacity as both the Planning and Zoning Board and the Local Planning Agency) for study and recommendation The Planning and Zoning Board shall study such proposals to determine (1) The need and justification for change (2) The relationship of the proposed amendment to the purpose of the City s plan for development with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan (c) The Planning and zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in Section 166 041 Florida Statutes as amended and provided further that the procedures for zoning classification changes and \\Cape nticityclerk\CityClk\Ordinances\ZONINGNProcedures for Rezoning Amend Notice Requirements doc City of Cape Canaveral Florida Ordinance 09 2002 Page 2 comprehensive plan amendments shall be in conformance with the requirements of Chapters 163 and 166 Florida Statutes (e) Any proposal for a zoning amendment by any individual corporation or agency pursuant to this section shall be by application which shall contain the following information (1) The name of the particular real property (2) If the applicant is other than all the owners of the particular property written consent signed by all owners of the particular real property shall be detached (3) The legal description of the particular real property accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property (4) The current land use zoning classification or special exception with any specified conditions as recorded on the official zoning map (5) The requested land use zoning classification or special exception classification that constitutes an amendment of the official zoning map (6) Names and addresses of all property owners ( Affected Property Owners — owning property which lies within a radius of five hundred (500) feet of a boundary of the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected (f) No recommendation for change or amendment may be made by the Planning and Zoning Board until due public notice has been given of a public hearing Public hearing notice shall be given at least fifteen (15) days in advance of the haring by the publication in a newspaper of regular and general circulation in the City Hall No recommendation for change shall be made by the Planning and Zoning Board unless and until the public hearing has been advertised Said notice shall contain the names of the applicant the legal description of the affected property the existing land use classification and special exception designation the request amendment to the official zoning map and the time and place of the public haring on the consideration of said application (g) For proposed zoning changes a notice shall be mailed to affected property owners (as defined in subparagraph (6) of paragraph O of this section) provided however that failure to receive such notice shall not affect any action or proceedings taken hereunder City of Cape Canaveral Florida Ordinance 09 2002 Page 3 (h) When any proposed changes of a zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or unincorporated area notice shall be forwarded to the planning board or governing body of such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change SECTION 2 Severability If any section paragraph phrase or work of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 Conflicting Provisions Any Ordinance or part of an Ordinance in conflict herewith is repealed SECTION 4 Effective Date This Ordinance shall take effect immediately upon this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY Rpr 22 02 01 52p Hmari a Therfac 3216393550 p 2 MEMORANDUM TO P&Z FROM MARK MCQUAGGE ATTORNFY DA'I E APRIL 1812002 RF CONSIDERATION OF AMENDMENTS TO CAPE CANAVERAL CODE § 110-137 NOTICE RFQUIREMENTS FOR AMENDMENTS FOR REZONING Proposed Amendments § 110 137 ORDINANCE NO 02 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA, AMENDING CODE SECTION, 110 137 Procedures For Amendments and Rezoning, BY AMENDING THE NOTICE REQUIREMENTS TO PROVIDE FOR WRITTEN NOTIFICATION TO ALL AFFECTED PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET ,PRODUCING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFI ICTING ORDINANCE AND PROVIDING FOR AND EFFECTIVE DATE BF IT ORDAINED by the Citi, Council of Cape CanaN eral Breti and Co Florida as followr s SECTION A Section 1.10 137 Procedures For Amendments and Rezoning is hereb} amended by the addition of written notice requirements to all affected property o,"hers withm a 500 feet radius as follows (a) Any .nnendinent to this chapter mai be proposed by (1) The City Council (2) The planning and zoning board (3) Any department or agency of the City Rpr 22 02 01 52p Amari & Theriac 3216399950 p 3 (4) Any person or entities (b) All proposed amendinents shall be submitted to the planning and zoning board (in its capacity as both the planning and zoning board and the local planning agency) for study and recommendation The planning and zoning board shall study such proposals to determine (1) The need and)ustilication for change (2) 1 he relationship of the proposed amendment to the purpose of the city s plan for development with appropriate consideration as to whether the proposed change will turther the purposes of this chapter ind the plan (c) I lie planning and zoning board shall submit the request for change of amendment to the etty council ,Nith written reasons for its iecornmendation (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirement', as codified in section 166 041 1 Londa Statutes as amended and provided further that the procedures for zoning classification changes an comprehensive plan amendments shall be in conformance with the requirements of chapters 163 and 166 Florida Statutes (c) Ani proposal for a zoning amendment by any individual corporation or agency pursuant to this section shall be by application which shall contain the following information (1) The narne of the owner of the particular real property (2) It the applicant is other than all the owners of the particular property written consent signed by all owners of the particular real property shall be detached (3) The legal description of the particular real property accompanied by a certified suney or that portion of the snap maintained by the tax assessor reflecting the boundaries of the particular real propertN (4) The current land use zoning classification or special exception with any specified conditions as recorded on the official zoning snap (5) The requested land use zoning classification or special exception classification that constitutes an amendment to the official zoning map (6) Names and addresses of all property owners ( Affected Property Apr 22 02 01 b2p Rmari & Theriac 3216399950 P 4 Owners owning property which lies withui a radius of fiN e hundred (500) feet of a boundary of the survey or that portion of the snap maintained by the tax assessor reflecting the boundaries of the parcels affected (t) No recommendation for change or amendment may be made by the planning and zoning board until due public notice has been given of a public hearing Public hearing notice shall be given at least tifteen (15) clays in advance of the hearing b) the publication in a newspaper of regular and general circulation in the city hall No rLk oniniendatran for change shalt be made by the planning and zoning board unless and until the publu, hearing has been advertised Said notice shall contain the names of the appluant the legal description of the affected property the existing land use classification and special exception designation the request amendment to the official zoning map and the time and place of the public hearing on tlx. consideration of said application (g) For proposed Toning changes a notice shall be inailed to affected property Owners (as defined in subparagraph (h) of paragraph (c) of this Section ) provided however that failure to receive such notice shall not affect m) acxion or proceedings taken hereunder (h) When any proposed changed of a zoning district boundary lies within f%e hundred (500) feet of the boundary of an incorporated or unincorporated area notice shall be forwarded to the planning board or governing body of such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change Apr 22 02 01 52p Amari & Theriac 3216359950 p 1 LAW OFFICES AMARI & 'THERIAC, P A Attorneys and Counselors At Law Riebard S. Aman Manuer Square Kohn Benn rk r R ply to Cocoa Post Office Bos 96 Willa d street, su to 302 Bradly Roger Betha Sr Post Office Box 1807 Mitchell S. Goldman Cocoa Flonda 32923 1847 J Wesley Howze T 1 phone (3211639-1320 David R. Martin Fax (321) 639.6690 Matthew J Monaghan Mark McQuagge Imperial Pizza Maris S Peters Suite 8104 Da id M Prestuek 6769 N Wickham Road Cha les R Ste ab rg M (bourne Flonda 32940 James S Theriac III Telephone (321) 259-6611 Fax (321) 259-6624 df Counsel 'Racy E Lytt P k FACSIMILE TRANSMISSION The nformatlon contained in this facsimile message is a privileged and confidential attomey communication intended only for the use of the individual or entity named below If the reader of this message is not the intended recipient you are hereby notified that any dissemination distribution or copying of this communication is strictly prohibited If you have received this communication in error please notify us immediately by telephone collect and return the original message to us at the address listed above via the United States Postal Service at our expense Thank you DATE !�a— �'`A FROM MARK MCQUAGGE ATTORNEY Direct Fax No (321) 639 9950 TO-�—� FAX NO� TOTAL NUMBER OF PAGES (including cover sheet) C)� If you have problems with this FACSIMILE TRANSMISSION please call Mary Moss at 321 639 1320 by b��Z aA +�-k \)4P.s�� cam. �-Go,� rY�� y jeeting Tvpe Regular Meeting Date 44 16 02 SUBJECT AGENDA Had s Discussion um 19 AGENDA REPORT CITY COUNCIL OF TTIE CITY OF CAPE CANAVERAL DISCUSSION ADDITIONAL NOTICE REQUIREMENTS AMENDMENTS DEPT /DMSION LEGISLATIVE Requested Action City Council requested a discussion stern on this issue FOR ZONING Summary Explanation & Background This code section is part of the land development code and proposed amendments should be forwarded to the Planning & Zoning Board for review and recommendation to City Council. The city attorney has submitted a draft amendment Please advise Exhibits Attached City Attorney s rnemo of 04 08 02 City M tgg-er s Office 1 � cape ydocumen Wminlc ee[►ne12002104-16-021zontng doc Department LEGISLATIVE statutes >View Statutes >2001 >C.hUlob->�:iectlon U41 UI11ine ounsnjne rdec 1 Online , Sunshine Welcome Session t Committees LEyES�01ar3 I Centeros M t ; Inlormr1FjUj It ahpn V -w 5 atutes 5— -is Ci n l_ Select Year 12001 _J The 2001 Florida Statutes Trt1e_XU Munac pat ties CAapter 166 Mun cipal ties 1166 041 Procedures for adoption of ordinances and resolutions GO View Entrre_chapter (1) As used an th s section the follow ng words and terms shall have the following mean ngs unless some other mean ng is pia my ndreated (a) Ordinance means an official legislative act on of a governing body wh ch action is a regulation of a general and permanent nature and enforceable as a local law (b) Resolution means an expression of a governing body concerning matters of adm nistratron an expression of a tempo ary character or a provision for the disposition of a particular tem of the adm nistratrve business of he governing body (2) Each o d nonce or resolution shall be nt oduced n w ding and shall embrace but one subject and matters properly connected therewith The subject shall be clearly stated in the title No ordinance shall be revised or amended by reference to its t tie only O dmances to revise or amend shall set out in full the revised or amended act or section or subsection or, paragraph of a section or subsection (3)(a) Except as pro ded n parag aph (c) a p op sed ordana ce may be read by title or n full o at least 2 cepa ate days and shall at least 10 days prior to adoption be noticed once n a newspaper of general cwtulation in he mun cspalaty The notice of proposed enactment shall state the date t me and place of the meeting the title or titles of proposed ordinances and the place or places within the municipality where such proposed ordinances may be inspected by the public The notice shall also advise that interested parties may appear at the meeting and be heard with espect to tie proposed ord nance yw (b) The govern ng body of a municipality may by a two thirds vote enact an emergency o d nance w thout comply ng l with the requirements of paragraph (a) of this subsection However no emergency ordinance or resolution shall be enacted N wh ch establishes or amends the actual zonrng map designation of a parcel or parcels of land or that changes the actual list of permitted conditional or proh bated uses w than a zoning category Emergency enactment procedures for land use plans Sadopted pursuant to part II of chapter 163 shall be pursuant to that part z(c) Ordinances n taated by other than the mun c pat ty that change the actual zoning map designation of a parcel or parcels of land shall be enacted pursuant to paragraph (a) Ord nances that change the actual I st of permitted cond taonal o p oh b ted uses w th n a zoning category o ord nances n trated by the rraurncrpal ty that change the actual zon ng map designation of a parcel or parcels of land shall be enacted pursuant to the following procedure 1 In cases n which the proposed ord nance changes the actual zon ng map designation for a parcel or parcels of land involving less than 10 contiguous acres the governing body shall direct the clerk of the governing body to notify by mad each real property owner whose land the mun c pal ty w II edes gnate by enactment of the o d nance and whose address s known by reference to the latest ad valorem tax reco ds The notice shall state the subs once of the proposed ordinance as it affects that property owner and shall set a time and place for one or more public hearings on such ordinance S ch notice shall be given at least 30 days prior to the date set for the pubi c hearing and a copy of the notice shall be kept available for pubs c nspectaon during the regular bus ness hours OT the offce of the clerk of the governing body The go ern ng body shall hold a public hearing on the proposed Ord nance and may upon the conclusion of the hearing immediately adopt the Ord nanc 2 In cases in which the proposed ordananc changes he actual last of permitted conditional or prop bated uses w th In a zon ng category or changes the actual zoning map designation of a parcel cr parcels of land involving 10 contiguous acres o mc, a the governing body shall prav de fo public notice and hearings as follows a The local governing body shall hold two advert sed public hear ngs on the proposed ordinance At least one 'rear ng shall be held after 5 p m On a weekday unless the local govern ng body by a majorty plus one vote elects to conduct that hearing at another time of day The first pubi c hearing shall be held at least 7 days after the day that the first advert sement s pubi shed The second heanng shall be held at least 10 days after the first hear ng and shalt be ad art sad at least 5 days prior to the public hearing http //www leg state fl us/statutes/index cf n?App_mode=Dlsplay_Statute&Search_String 03/1,)12002 statutes >Vlew Statutes->> UU 1 >(.hu 1 oo >bection V41 un.une z)u mnint: r a6c /- U1 J b The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper and the headline in the advertisement shall be n a type no smaller than 18 point The advertisement shall not be placed in that portion of he newspaper where legal notices and classified advertisements appear The advertisement shall be placed in a newspaper of general paid circulation in the munic pality and of general interest and readership in he mun c pal ty not one of I mated subject matter pursuant to chapter 50 It s the legislative nt n that whenever possible the advertisement appear in a newspaper tha is published at least 5 days a week unless the only newspap r in the municipality is publ shed less han 5 days a we'k The advertisement shall be in subst nt ally the follow ng or•n NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit) proposes to adopt the following ordinanc- (title of the ordinance} A pub) c hear ng on the ord nanc w II be held on (date and time) at (meeting place) Except for amendments which change the actual list of permitted conditional or prop bated uses within a zon ng category the advertisement shall conta n a geograph c location map which clearly indicates the area co ered by the proposed ordinance The map shall include major stre-t names as a means of identification of the general area c In lieu of pub) shrug the advertisement set out in this paragraph the municipality may ma I a notice to each person owning real property w thin the area covered by the ordinance Such notice shall clearly expla n the proposed ordinance and shail notify the person of the time place and location of any public hearing on the proposed ordinance (4) A majcnty of the members of the govern ng body shall const tute a quo um An afrrmatr a ote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution except that two thirds of the membership of the board is required to enact an emergency ordinance On Flnal passage the vote of each member of the governing body vot ng shall be entered on the offc al record of the meeting All ordinances or resolutions passed by the govern ng body shall become effective 10 days after passage or as otherwise provided therein (5) Every ordinance or resolution shall upon its final passage be recorded n a book kept for that purpose and shall be signed by the pressd ng off cer a d the clerk of the go erning body (6) The procedure as set forth herein shall constitute a uniform method for the adoption and enactment of municipal ordinances and resolutions and shall tie taken as cumulative to other methods now Prov tied by law for adopt on and enactment of municipal ordinances and resolutions By future ordinance or charter amendment a mun cipal ty may specify additional equ rements for the adoption or enactment of o d nances or esolutions or p escribe procedures in greater detail than contained herein However a municipality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by general law (7) Five years after the adoption of any ordinance or resolution adopted after the effective date of th s act no cause of action shall be commenced as to the valid ty of an ordinance or resolution based on the fa lure to str ctly adhere to the Prov sions contained in this section After 5 years substantial comp) ante with the pro sions contained n this section shall be a defense to an action to nval date an ordinance or resolution for failure to comply w th the p ovisions contained n this sect on W thout lam tat o the common law doctnnes of laches and wai a are val d defenses to any act on challenging the validity of an ordinance or resolution based on failure to str ctly adhere to the prov sons contained in th s section Stand ng to initiate a challenge to the adopt on of an ordinance or resolut on based on a failure to stric'ly adhere to the prov s ons conta ned in this section shall be limited to a person who was entitled to actual or constructive not:ce at the time the ordinance or resolution was adopted Noth ng here n shall be construed to affect the standing requ rements under part II of chapter 163 (8) The notice procedu es requ red by this section are establ:shed as m n mum notice procedures History s 1 ch 73 129 s 2 ch 76 155 s 2 ch 77 331 s 1 ch 83 240 s 1 ch 83 301 s 2 ch 95 198 s5 ch 95 310 eNote Sect on 3 ch 95 10 prov des that [ 3f any ordinance or resolution was adopted prior to [June 15 1995] and the appropr ate subsect on of s 166 041. Florida Statutes was not followed but the mun cipality followed the proc cure of subsect on (2) or subsection (3) or s 166 041 Flenda Statutes as they existed at the time or the adoption or such o d nance or resolution the proc dures used ror such o d nance or resolution are hereby validated and rat Fed Th s section does not apply to any laws t pend ng on [June 15 19951 Note As amended by s 5 ch 95 310 This version is publ shed as he las expression of legislate a II (se Journal or the Senate 1995 p 1061 and Jou nal of he House of Rep esentati es 1995 p 1129) Pa agraph ( )(c) as also amended by s 2 ch 95 198 and that vers on reads (c) Ordinances nitrated by the governing body or its designee wh ch re one specifc parcels of pn ate real property o which substantially change permitted use categories n oning distracts shall be enacted pursuant to the Following procedure http //tivww lea state f1 us/statuteshndex cfm''App_mode=Dlsplay_Statute&Search Stnna 03/1�12002 statutes >V iew Statutes >21JU i >l,nV 100 --'JCCLIUn V` I viiil i...J L41 a --b- , - 1 In cases in which the proposed rezoning or change n permitted use Involves less than 5 percent of the total land area of the municipal ty the governing body shall direct the clerk of the governing body to notify by mall each real property owner whose land the municipal ty will rezone or whose land will be affected by the change in permit ed -Se -by enactment of the ordinance and whose address is known by reference to the lates ad valorem tax records The notice shall state the subs ance of the proposed ordinance as It affects that property owner and shall set a time and place or one or more public hear ngs on such Ord nance Such notice shall be g ven at least 30 days prior to the da a set for the public hearing and a copy of the notice shall be kept available or public inspec`ton during he regular business hours of the offic of he clerk o the governing body The go ern ng body shall hold a public hearing on he proposed ordinance and may upon he conclusion of she hearing immediately adopt he ordnance 2 In c ses n wh Ch the p noosed Ord nance deals w th more han 5 percent of the ctal land area o he munlcipall y the governing body sh 13 provide for public notic and hearings as follows a The local governfrig body shall hold two advertised publ c haarngs on the proposed ord nano Both hearings shall be held after 5 p m on a weekday unless the local governing body by a majority plus one vote elects o conduct one or both of these hear ngs at another time of day The frs5 pubs c hear ng shall be held approx mately 7 days after the day hat the first advertisement is published The second hearing shall be held approx mately 2 weeks alter the first hearing and shall be ad ertised approx mately 5 days prior to the public hear ng The day time and place at wh ch the second public hearing will be held shall be announced at the Mrst public hear ng b The required advertisements shall be no less than one quarter page n a standard s ze or a tabloid size newspaper and the headline in the advertisement shall be In a type no smaller than 18 point The advertisement shall not be placed In that portion of the newspaper where legal notices and class fed adver`isements appear The ad ertisement shall be pubi shed in a newspaper of general paid circulation In the municipality and of general nterest and readership n the commun ty not one of limited subject matter pursuant to chapter 50 It is the legislative Intent that whenever poss ble the advertisement appear n a newspaper that s pubi shed at least 5 days a week unless the only newspaper n the commun ty is publ shed less than 5 days a week The advertisement shall be In the following form NOTICE OF ZONING (PERMITTED USE) CHANGE The (name of local overnmental unit) p oposes to rezone (change the perm tted use of) the la d w th the area shown in the map in this advertisement A public hearing on the rezoning will be held on (date and time) at (meetinq place) The advertisement shall also conta n a geographic location map which dearly ind cater the area co ered by the proposed ordinance The map shall nclude major street names as a means of dentificatlon of th area c In lieu of pubi shing the advert sement set out in this paragraph the mun clpality may ma I a notice to each person own ng real property within the area covered by the ordinance Such notice shall clearly expla n the proposed ordi ante and shall notify the person of the time place and location of both public hearings on the proposed ordinance Welcome Sess on Committees Leoisiators Information Center Statutes and Consitubon Lob ist Info matron D lam Th f m to th ystem n r d Th io is p nt d b ils r th sp ct h mb h Id b e Ited f We al p p ser C py ght J 2000 2002 State (Flo d C t cr us P acy St t me t http //www leg state fl us/statuteshndeY cfrn 7App_mode=Dlsplay_Statute&Search_String 03n D/2002 Meeting Type Regular M==g Dam 1 i I8 97 AGENDA x=dms Ordinances Item 2 v AGENDA REPORT CM COUNCIL OF THE CrrY OF CAPE CANAVERAL SUBJECT ORDINANCE' NO 14 97 AMENDING SECTION 110-137 AMENDMENT'S AND REZONING DEPT /DIVISION PLANNING & ZONING/GROWTH MANAGEMENT Requested Action That the City Council adopt Ordinance No 14 97 amending Section 110-137 amendments and rezoning Summary Explanation & Background The Plammmg & Zoning Board recommended this amendment at the October 8 1997 meeting This proposed ordinance would adopt the state statutes as the procedure for adopting zoning and comprehensive plan amendments I recommend approval Exhibits Attached Ordinance No 14-97 Existing Section 114-137 City Nt OFA Office , Dep rtment PLANNING & ZONINGIGROWTH MANAGEMENT ,n 11\=Ctdn0l i4WU4-97 doc ORDINANCE NO 14 97 AN ORDINANCE OFTHE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110 137, PROCEDURE, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY TIE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA as follows SECTION 1 Section 110 137 Procedure of the Code of Ordinances is hereby repealed in its entirety and the following is adopted in lieu thereof (a) The procedure for a zoning classification change or any comprehensive plan amendment shall be the procedure as adopted or promulgated by the State of Florida in Chapter 163 and Chapter 166 Florida Statutes (b) Any amendment to this chapter other than a zoning district boundary change may be proposed by (1) The city council (2) The planning and zoning board (3) Any department or agency of the city (4) Any person (c) All proposed amendments other than a zoning change contained in subparagraph (a) above shall be submitted to the planrung and zoning board for study and recommendation The planning and zoning board shall study such proposals to determine (1) The need and justification for change (2) The relationship of the proposed amendment to the purpose of the city s plan for development with appropriate consideration as to whether the proposers change will further the purposes of this chapter and the plan (d) The planning and zoning board shall subnut the request for change or amendment to the city council with written reasons for its recommendation City of Cape Canaveral Florida Ordinance No 14-97 Page 2 (e) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in Section 166 041 Florida Statutes as amended SECTION 2 SEVERABILITY If any section, paragraph, phrase or word of this Ordinance is held to be unconstitutional or invalid such portion shall affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 CONFLICTING PROVISIONS Any ordinance or resolution or parts of an ordinance or resolution in conflict herewith are repealed SECTION 4 EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 18th day of November 1997 Rocky Randels MAYOR ATTEST FOR AGAINST Burt Bruns Second Tony Hernandez X Sandra Ov Sims CITY CLERK Buzz Petsos Mit, on Rocky Randels X APPR VED AS TO FORM ��q Kohn Bennett CITY TTORNEY Posted October 22 1997 Pubbsh November 7 1997 First Reading October 21 1997 Second Reading November 18 1997 E1cityclerklCityClk\Ordmances\ZONINO1Rezomngs doc § 110 122 CAPE CANAVERAL CODE r Sec 110 122 Hotels and motels Certificates of occunancy issued for hotels and motels shall be issued for the entire hotel or motel project uo to 1a0 units and ager loo units shall be i sued in minimums of oD units per each certifi tate of occuuancy All units within any one buila.zng of a hotel or motel shall be completed oefore a certificate of occupancy is issued (Code 1981 § 645 08) Secs 110 123-110 135 Reserved DMSION 4 AMENDiXENTS AND REZONTNGS Sec 110135 Authority The sec'ions restrictions and boundaries set fbeh in this chapter may from trine to time be amended supplemented changed or reoeaied in the manner prescribed by law and this division (Code 1981 ch 647) pec -110 137 Procedrsre--�> (a) A zoning district boundary caa.nge may be initiated by (1) The owners of at least 7o percent of the proaertv described in the apt)hcation t2 Tenants with the owners sworn consent (3, Duly authorized agents evidenced by a written power of attor-iev (4) The city council kz)) The nlanning and zaning boa_d r6, A.nv department or agencv of tie city 'b) Any amendment to this chapte other than a di tract boundary change may be nronased by (1 The c tv council (21 The planning and zoning board t3) Any department or agency of the city W Any person (ci All proposed amendment.., shall be submitted to the planning and zoning board for study and recommendation The planning and zoning boa_ d shall s~udy such proposals to determme (1) The need and justiiicanon fbr change (2) When per07ring to the rezoning of land the effect of the change if any on the par titular property and an surrounding pron- erties (3) When pertaining to the rezoning of land the amount of undeveloped land in the gen eras area and in the city having the same classification as that requested (4) The relationship of the proposed amend ment to the purpose of the city s plan for development with afiaropriate consider ation as to whether the proposed change will further the purposes of this chapter and the plan (d) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommenda tion within 30 days following its official action on the request The city council may extend this time limit for good cause (0 No recommendation for change or amend ment may be considered by the city council until due public notice has been given of a public hearing Public notice of the hearing shall be given only after the planning and zoning board has sub rnitted its recommendation concerning the change or amendment and the public notice of the hearing shall be given at least 14 days in advance of the hearing by the publication in a newspaper of reg War and general circulation in the city and no tice shall be posted at city hall (f) A courtesy notice may be maned to the prop erty owner of record within a rad us of o00 feet provided however failure to mail or receive such courtesy notice shall not affec any ac ion or pro ceedings taken under this division (g) When any proposed change of a zoning dis tract boundary Iies within o00 feet of the boundary of an incorporated or unincorporated area notice may be forwarded to the planning and zoning board or governing body of such incorporated or CD110 22 ZONING unincorporated area in order to give such body an opportunity to appear at the hearing and exr}ress its opinion on the effect of such district boundary change (h) When the city council proposes a change in zoning classification of a single parcel or a group of not more than 500 parcels of any provertv within its Jurisdiction it shall be the duty of the city council to give notice by mail to each property owner whose zoning classification is proposed to be changed Such notice shall be mailed to the owners current address of record as maintained by the assessor of taxes for the 3unsdictioii pro- posing the change and shall be postmarked no later than ten days prior to the first scheauled hearing concerning the proposed change The notice shall contain the legal desenptnon of the affected property the existing zoning classinca tion the proposed zoning classification and the time and place of any scheduled hearing concern ing the proposed zoning change Prior to the effective date of any zoning classification change the city council shall cause an affidavit to be filed with the city clerk certifying that the city council has complied with this section The filing of the affidavit shall be prima facie proof of compliance with this section A fa ure to give notice shall not affect the validity of zoning except as to the property of the complaining owner (Code 1981 § 647 01) ongLual reaues was imhated by the city council planning and zoning board or any department or agency of the city nor shall such restriction apply to the city council the planning and zoning board or any department or agency of the city (Code 1981 § 647 05) r Secs 110140--110160 Reserved I ARTICLE IV SPECIAL EXCEPTIONS DIVISTON 1 GENERALLY I Sec 110 1G1 Structures and uses approved by special exception A special exception is not deemed nonconform ing Any structure or use for which a special exception is granted as provided in this chanter shall be deemed as to that particular special exception to have all the rights and privileges of a conforming use restricted however by the terms of that specific special exception as granted (Code 1981 § 643 11) Secs 110 162-110 170 Reserved DIVISION 2 ALCOHOLIC BEVERAGES Sec 110171 Establishments serving alto Sec 110 138 Limitations home beverages No proposal for zoning change or amendment affecting a particular property shall contain con dations limitations or requirements not applica ble to all other property m the district to which the particular property is proposed to be rezoned (Code 1981 § 647 03) Sec 110139 Reconsideration of district boundary changes When a proposed change in zoning dis`net boundaries has been acted upon by the city coup cil and disapproved or failed to pass such pro posed change in the same or substantially s mi Iar form shall not be reconsidered by the c ty council for a penod of two years Suc-i restnc ion shall not apply to the property owner if the (a) Establishments which shall require a spe- cial exception cinder flus chapter by the board of adjustment are those whether or not licensed by the state department of business and professional regulation division of alcoholic beverag s and tobacco which dispense sell serve store or per mit consumption on the premises of alcoholic beverages In consideration of a special exception application the board of adjustment shall not apiirove the application unless it is totally consis tent with all the conditions as set forth in thus subsection and also the following- (1) ollowing(1) The establishment shall not be within 300 feet of any existing church schoolg-ounds or playgrounds Measurement shall be made Supp NO 3 CD110 23 Cross reference--Ucoholic beverages ch 6 City Council Regular Meeung Minutes No,,ember 18 1997 PAGE 5 Mr Healy stated that enhancing the level of service does not mean there is an inconsistency with the plan, especially being a marginal increase Mr Markey stated that there is no harm in exceeding your goals He stated that as Mr Peetz has testified the application is consistent with the comprehensive plan, the development of the area as a park would not adversely affect any level of service or any requirement the city is obligated to review according to the Comprehensive Land Use Plan Act Mr Petsos reminded Council that part of the required process was review by the Planning and Zoning Board and the Local Planning Agency Both Boards recommended approval Council Member Tony Hernandez, related that he appreciates the Long Point residents letter however it was not wntten by an expert or with specific issues adverse to the Comprehensive Plan Glen Booker Long Posit Road stated that an attorney who is an expert wrote the letter Ms Lehr clarified that an expert witness is not required because the facts were presented directly from. the Comprehensive Plan She stated that the facts from the comprehensive plan serve as expert witness There was no further discussion The motion was unanimously carried 4 0 to approve Ordinance No 12 97 with voting as follows Mr Bruns For Mr Hernandez, For Mayor Pro Tem Petsos For and Mayor Randels For The meeting recessed at 7 48 p m and reconvened at 7 55 p in 2 Mayor RandeIs read Ordinance No 14 97 by title (Tape 1 1580) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CHAPTER 110 DIVISION S AMENDMENTS AND REZONING BY AMENDING SECTION 110 I37 PROCEDURE PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Buzz Petsos and seconded by Burt to adopt Ordinance No 14 97 which provides for zoning amendments procedures to be the same as Flonda Statutes City Attorney Kohn Bennett explained that this ordinance is a housekeeping procedure to maintain conformity with Florida Statute requirements The motion passed unanitiously 4 0 with voting as follows Mr Bruns For Mr Hernandez, For Mayor Pro Tern Petsos For and Mayor Randels For Mayor Randels read Ordinance No 15 97 by title (Tape 1 1661) ORDINANCE NO 06 99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4 AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110 1371 PROCEDURE, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS, AND PROVIDING rOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows SECTION I Section 110-137 Procedure of the Code of Ordinances is hereby repealed in its entirety and the following is adapted in lieu thereof (a) Any amendment to this chapter may be proposed by (1) The City Council (2) The Planning and Zoning Board (3) Any department or agency of the city (4) Any person or entities (b) All proposed amendments shall be submitted to the Planning and Zoning board (in its capacity as both the Planning and Zoning Board and the Local Planning Agency) for study and recommendation The Planning and Zoning Board shall study such proposals to determine (1) The need and justification for change (2) The relationship of the proposed amendment to the purpose of the city s plan for development with appropriate consideration as to whether the proQosed change will further the purposes of this chapter and the plan (c) The Planning and Zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation City of Cape Canaveral Florida Ordinance No 06-99 Page 2 (d) The procedure for the adoption of any ordinance amending this chapter shall be In conformance with the notice and meeting requirements as codified in Section 166 041 Florida Statutes as amended and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of Chapters 163 and 166 Florida Statutes SECTION 2 SEVERABILITY If any section paragraoh phrase or word of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and It shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 CONFLICTING PROVISIONS Any ordinance or resolution or parts of an ordinance or resolution in conflict herewith are repealed SECTION 4 EFFECTIVE DATE This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 15th day of June 1999 ATTEST V �c� t a Sims CITY CLERK r t� Rocky Randels MAYOR FOR AGAINST Burt Bruns Second Tony Hernandez Motion Buzz Petsos X Rocky Randels X_ Richard Treverton X c Building Official Planning & Zonina Board Members �kCAPE M%-dYclerk%CityClklOrdlnances%Arnendments and Rezoning Procedures doc First Reading June 1 1999 Posted dune 2 1999 Published June 6 1999 Second Reading June 5 1999 ORDINANCE NO 09 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA, AMENDING CODE SECTION, '110'137 PROCEDURES FOR AMENDMENTS AND REZONING, BY AMENDING THE NOTICE REQUIREMENTS TO PROVIDE FOR WRITTEN NOTIFICATION TO ALL AFFECTED PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 110 137 Procedures for Amendments and Rezoning is hereby amended by the addition of written notice requirements to all affected property owners within a 500 feet radius as follows (a) Any amendment to this chapter may be proposed by (1) The City Council (2) The Planning and Zoning Board (3) Any Department or agency of the City (4) Any person or entities (b) All proposed amendments shall be submitted to the Planning and Zoning Board (In its capacity as both the Planning and Zoning Board and the Local Planning Agency) for study and recommendation The Planning and Zoning Board shall study such proposals to determine (1) The need and justification for change (2) The relationship of the proposed amendment to the purpose of the City s plan for development with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan (c) The Planning and zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in Section 166 041 Florida Statutes as amended and provided further that the procedures for zoning classification changes and \\Cape nticitycierk\C,tyCIkNOrdrnances\ZONING\Procedures for Rezoning Amend Notice Requirements doc City of Cape Canaveral Florida Ordinance 09 2002 Page 2 comprehensive plan amendments shall be in conformance with the requirements of Chapters 163 and 166 Florida Statutes (e) Any proposal for a zoning amendment by any individual corporation or agency pursuant to this section shall be by application which shall contain the following information (1) The name of the particular real property (2) If the applicant is other than all the owners of the particular property written consent signed by all owners of the particular real property shall be detached (3) The legal description of the particular real property accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property (4) The current land use zoning classification or special exception with any specified conditions as recorded on the official zoning map (5) The requested land use zoning classification or special exception classification that constitutes an amendment of the official zoning map (6) Names and addresses of all property owners ( Affected Property Owners — owning property which lies within a radius of five hundred (500) feet of a boundary of the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected (f) No recommendation for change or amendment may be made by the Planning and Zoning Board until due public notice has been given of a public hearing Public hearing notice shall be given at least fifteen (15) days in advance of the haying by the publication in a newspaper of regular and general circulation in the City Hall No recommendation for change shall be made by the Planning and Zoning Board unless and until the public hearing has been advertised Said notice shall contain the names of the applicant the legal description of the affected property the existing land use classification and special exception designation the request amendment to the official zoning map and the time and place of the public haring on the consideration of said application (g) For proposed zoning changes a notice shall be mailed to affected property owners (as defined in subparagraph (6) of paragraph © of this section) provided however that failure to receive such notice shall not affect any action or proceedings taken hereunder City of Cape Canaveral Florida Ordinance 09 2002 Page 3 (h) When any proposed changes of a zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or unincorporated area notice shall be forwarded to the planning board or governing body of such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change SECTION 2 Severabilitv If any section paragraph phrase or work of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 Conflictmci Provisions Any Ordinance or part of an Ordinance in conflict herewith is repealed SECTION 4 Effective Date This Ordinance shall take effect immediately upon this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY Meeting Type Regular Meeting Date 05 07 02 AGENDA H a(h g Resolutions It m 5 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 13 FINAL PLAT OF ADAMS VILLAS PHASE II It 17►��f.�C�7��i3Z� ,MM. u : ► : u��1�I��M1►/�� Requested Action Clay Council consider approval of the final plat for Adams Villas Phase II Summary Explanation & Background The Planning & Zoning Board recommended approval at their 04 10 02 meeting I recommend approval Exhibits Attached Resolution No 2002 16 Building Official s memo of 04 16 02 City Ma s Office Department GROWTH MANAGEMENT/P&Z 1 ca d ments + unei1lmee1hng12002105-07.0212002 13 doc RESOLUTION NO 2002 13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA, APPROVING THE FINAL PLAT OF ADAMS VILLAS — PHASE II AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT PROVIDING FOR AN EFFECTIVE DATE WHEREAS Thomas H Quinn has complied with the platting procedures of the City of Cape Canaveral Florida NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The Plat for Adams Villas Phase II Final Re Plat of Lots 1 2 & West 25 Feet of Lot 3 Block 7 Avon by the Sea Subdivision (107 & 109 Adams) Avenue is hereby approved plat SECTION 2 The Mayor and City Clerk are hereby authorized to execute said SECTION 3 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 7th day of May 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY 11Cape ntlcrtyclerklCityClk\ResolutionslPLATSIFINAL\Adams Villas Phase 11 doc FOR AGAINST M E M O R A N D U M Date April 16 2002 To Bennett Boucher City Manager Susan Stills CMC City Clerk From Morris Reid CBO Building Official M `" Re Recommendation to City Council Final Replat of Adams Villas Phase II Replat of Lots 1 2 & West 25 ft of Lot 3 Block 7 Avon by the Sea Subdivision (107 & 109 Adams Avenue) At the Planning & Zoning Board meeting held on April 10 2002 the Board reviewed the final replat of Adams Villas Phase II By unanimous vote the Board members recommended approval to the City Council Please schedule this item on an upcoming City Council meeting agenda Meeting Type Regular Meeting Date 05 07 02 AGENDA Had g Resolutions It m 6 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 14 FINAL PLAT OF JEFFERSON VILLAS DEPT /DIVISION GROWTH MANAGEMENT/P&Z Requested Action City Council consider approval of the final plat for Jefferson Villas Summary Explanation & Background The Planning & Zoning Board recommended approval at their 04 10 02 meeting I recommend approval Exhibits Attached Resolution No 2002 16 Building Official s memo of 04 16 02 City Mana ffice Department GROWTH MANAGEMENT/P&Z ca docunw= ladm nlco Ing12002105-07-0212002 14 doe RESOLUTION NO 2002 14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA APPROVING THE FINAL PLAT OF JEFFERSON VILLAS" AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT PROVIDING FOR AN EFFECTIVE DATE WHEREAS Thomas H Quinn has complied with the platting procedures of the City of Cape Canaveral Florida NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The Plat for Jefferson Villas Final Re Plat of the East 25 Feet of Lot 11 and All of Lot 12 Block 7 Avon by the Sea Subdivision (112 & 114 Jefferson Avenue) is hereby approved SECTION 2 The Mayor and City Clerk are hereby authorized to execute said plat SECTION 3 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this ZLday of Mav 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY N1Cape ntlcityclerklCityClklResolubonsIPLATSIFINAL\Jefferson Villas doc FOR AGAINST M E M O R A N D U M Date April 16 2002 To Bennett Boucher City Manager Susan Stills CMC City Clerk From Morris Reid CBO Building Official WIZ - Re Recommendation to City Council Final Replat of Jefferson Villas Replat of the East 25 ft of Lot 11 and All of Lot 12 Block 7 Avon by the Sea Subdivision (112 & 114 Jefferson Avenue) At the Planning & Zoning Board meeting held on April 10 2002 the Board reviewed the final replat of Jefferson Villas By unanimous vote the Board members recommended approval to the City Council Please schedule this item on an upcoming City Council meeting agenda Meeting Type Regular Meeting Date 05 07 02 AGENDA H a& x Resolutions It m 7 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 200245 SUPPORTING INCLUSION OF A BICYCLE AND PEDESTRIAN LANE IN THE REDESIGN OF STATE ROAD 528 INDIAN RIVER BRIDGE DEPT /DIVISION LEGISLATIVE Requested Action City Council consider approval of this resolution as requested by the Cocoa Beach Area Chamber of Commerce Summary Explanation & Background The SR 528 Indian River Bridge is scheduled to be replaced and this resolution supports the addition of a pedestrian lane The Canaveral Port Authority refected a similar resolution at their 03 20 02 meeting Exhibits Attached Resolution No 2002 15 Port Minutes City Mana Bice Department LEGISLATIVE ca doc la cil 1312002105-07-0212002 15 doe RESOLUTION NO 2002 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA SUPPORTING INCLUSION OF A BICYCLE AND PEDESTRIAN LANE IN THE REDESIGN OF STATE ROAD 528 INDIAN RIVER BRIDGE WHEREAS the Florida Department of Transportation plans to replace the pair of two lane DR 5281 Indian River bridges with a pair of three lane bridges and WHEREAS bicycling and walking are the oldest most basic affordable and accessible human transportation modes and WHEREAS Including a bicycle and pedestrian path in the redesign of the SR 5281 Indian River bridges will be both cost effective and safety conscious and WHEREAS including sidewalks and other pedestrian facilities In the transportation system helps to control air pollution traffic congestion and infrastructure maintenance costs while Increasing quality of life and WHEREAS Inclusion of bicycle and pedestrian paths at the time of new construction will be more cost effective NOW, THEREFORE BE IT RESOLVED that the City of Cape Canaveral City Council does hereby support including bicycle and pedestrian paths in the redesign of SR/Indian River bridges ADOPTED BY the City of Cape Canaveral City Council this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY G 1CityUklResoiutionslSupporting Bicycle Ped Lane SR 528 doc Al Cha rman Ketcham call d for dlsrusslon/action of Consent Agenda Item #17 Commi stoner Shark y commented he had concerns with the cost b d d b impact of DOI u get He sal it s ems we re getting involved in someone else s business He said he wasn t awara of the requirements for bicycles and people crossing over the 528 bridge Commissioner Kennedy said he also had concerns liability we d be exposed to if there is any We control the right-of-way and own the land up to the mid -point of the Indian River It is supposed to be a limited access highway Concern for the bicycles/pedestrians is the reason why the State doesn t allow them on limited access roads because of the high rate of speed people travel General discussion ensued Commissioner Sharkey offered a motion against adoption of Canaveral Port Authority Resolution 2002-4 Supporting a Bicycle and Pedestrian Path in the Redesign of State Road 528 Indian River Bridge Motion seconded by Commissioner Kennedy and unanimously carried Commissioner Kennedy moved approval of Consent Agenda item 418 as follows (18) Consideration of increasing Work Order 2000-19 to Cruise Ship Gangway Craftsman/Consultant in the amount of $11 700 +-o cover additional work requ red to provide and install two (2) new hydraulic gangways and two (2) galvanized steel rotating platforms at CT #5 Motion seconded by Commissioner Sharkey and unanimously carried Commissioner Kennedy commented if there wer- no objections he d prefer to hear the Mid -Year FY 2001-2002 presentation prior to taking up the items under Engineering The commission concurred that agenda Item D 3 a be moved up Chief Financial Officer Francis using visual aids presented the Mid -Year 2007-2002 Budget pointing out changes as a result of the September 11 terrorist attacks cruise line activities and modifications being proposed along with a summary of budget increases/decreases Discussion ensued on the budget presentation cruise industry diversification workshop proposal to include presentation from our consultants regarding changes in cruising also from our financial consultants to '-alk about the financial community and need for diversification etc Commissioner Matheny moved the April 3 7002 Workshop include a presentation by Gee & Jenson on changes in the cruise industry Motion seconded by Commissioner Sharkey and unanimously carried Mr Francis wrapped up his presentation on the Caoital Budget and moved on to the Cash Flow budget with the bottom line being how much unrestricted money is available to continue pla4s within the specified time frame Commissioner Molitor moved for approval of the Canaveral Port Authority Mid -Year Budget Revisions and the Capital Budget and Cash Flow Projections as presented and discussed Motion s-conded by Commissioner Kennedy and unanimously adopted Lommisslone r Molitor mo -d approval of Interim Financial Meeting Type Regular Meeting Date 05 07 02 AGENDA H aa, g Resolutions Item g N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 16 FINAL PLAT OF TYLER GARDENS DEPT /DIVISION GROWTH MANAGEMENT/P&Z Requested Action Cq Council consider approval of the final plat for Tyler Gardens Summary Explanation & Background The Planmg & Zoning Board recommended approval at their 04 24 02 meeting I recommend approval Exhibits Attached Resolution No 2002 16 Building Official s memo of 04 30 02 City Ma s face Department GROWTH NMAGEMENT/P&Z mlmydoeu tsladm n ngN200M5-07-02�2002 16 doc RESOLUTION NO 2002 16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA APPROVING THE FINAL PLAT OF TYLER GARDENS AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT PROVIDING FOR AN EFFECTIVE DATE WHEREAS Norman Boucher has complied with the platting procedures of the City of Cape Canaveral Florida NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The Plat for Tyler Gardens Final Re Plat of Lots 1 & 2 Block 1 Cape Canaveral Beach Gardens Unit No 1 Subdivision (8455 8465 8475 & 8485 Rosalind Avenue) is hereby approved plat SECTION 2 The Mayor and City Clerk are hereby authorized to execute said SECTION 3 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 7th day of Mav 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Resoiutions\PLATS\FINAL\Tyler Gardens doc FOR AGAINST M E M O R A N D U M Date April 30 2002 To Bennett Boucher City Manager Susan Stills CMC City Clerk From Morris Reid CBO Building Official Y rr `-- Re Recommendation to City Council Final Replat of Tyler Gardens Replat of Lots 1 & 2 Block 1 Cape Canaveral Beach Gardens Unit No 1 Subdivision (8455 8465 8475 & 8485 Rosalind Avenue) At the Planning & Zoning Board meeting held on April 24 2002 the Board reviewed the final replat of Tyler Gardens By unanimous vote the Board members recommended approval to the City Council Please schedule this item on an upcoming City Council meeting agenda Meeting Type Regular Meeting Date 05 07-02 AGENDA H aW g Discussion It m q N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION CONTROLLING NONPOINT SOURCE RUNOFF POLLUTION FROM ROADS DEPT /DIVISION LEGISLATIVE Requested Action City Council Member Morgan has requested that we have a discussion on the best management practices for controlling nonpoint source runoffpollution from roads Summary Explanation & Background See attached background material Council member Morgan would like to see existing City properties utilized as much as possible to elimmate stormwater run off Exhibits Attached EPA information City M e ' Office Department LEGISLATIVE 4 lmyd mIti►eetang12002ti05-07-021run of[doc Controlling Nonpoint Source Runoff Pollution from Roads Highways and Bridges Page 1 of 6 'm EPAUnwed Slots Envirorsmanlal Protect on Aga�c} tt + ! Mice of Water Controlling Nonpoint Source Runoff Pollution from Roads, Highways, and Bridges EPA Office of Water August 1995 (EPA 841 F 95 008a) Roads highways and bridges are a source of significant contributions of pollutants to our nation s waters Contaminants from vehicles and activities associated with road and highway construction and maintenance are washed from roads and roadsides when it rains or snow melts A large amount of this runoff pollution is carried directly to water bodies Contaminants in Runoff Pollution Runoff pollution is that associated with rainwater or melting snow that washes off roads bridges parking lots rooftops and other impermeable surfaces As it flows over these surfaces the water picks up dirt and dust rubber and metal deposits from tire wear antifreeze and engine oil that has dripped onto the pavement pesticides and fertilizers and discarded cups plastic bags cigarette butts pet waste and other litter These contaminants are carried into our lakes rivers streams and oceans Contaminants in runoff pollution from roads, highways, and bridges include Sediment Sediment is produced when soil particles are eroded from the land and transported to surface waters Natural erosion usually occurs gradually because vegetation protects the ground When land is cleared or disturbed to build a road or bridge however the rate of erosion increases The vegetation is removed and the soil is left exposed to be quickly washed away in the next rain Erosion around bridge structures road pavements and drainage ditches can damage and weaken these structures Soil particles settle out of the water in a lake stream or bay onto aquatic plants rocks and the bottom This sediment prevents sunlight from reaching aquatic plants clogs fish gills chokes other organisms and can smother fish spawning and nursery areas Other pollutants such as heavy metals and pesticides adhere to sediment and are transported with it by wind and water These pollutants degrade water quality and can harm aquatic life by interfering with photosynthesis respiration growth and reproduction Oils and Grease Oils and grease are leaked onto road surfaces from car and truck engines spilled at fueling stations and discarded directly onto pavement or into storm sewers instead of being taken to recycling stations Rain and snowmelt transport these pollutants directly to surface waters http llwww epa gov/OWOW/NPS/roads html 04/27/2002 Controlling Nonpoint Source Runoff Pollution from Roads Highways and Bridges Page 2 of 6 Heavy Metals Heavy metals come from some natural sources such as minerals in rocks vegetation sand and salt But they also come from car and truck exhaust worn tires and engine parts brake linings weathered paint and rust Heavy metals are toxic to aquatic life and can potentially contaminate ground water Debris Grass and shrub clippings pet waste food containers and other household wastes and litter can lead to unsightly and polluted waters Pet waste from urban areas can add enough nutrients to estuaries to cause premature aging or eutrophication Road Salts In the snowbelt road salts can be a mayor pollutant in both urban and rural areas Snow runoff containing salt can produce high sodium and chloride concentrations in ponds lakes and bays This can cause unnecessary fish kills and changes to water chemistry Fertilizers Pesticides and Herbicides If these are applied excessively or improperly fertilizers pesticides and herbicides can be carried by rain waters from the green parts of public rights of way In rivers streams lakes and bays fertilizers contribute to algal blooms and excessive plant growth and can lead to eutrophication Pesticides and herbicides can be harmful to human and aquatic life Recognizing and Controlling Runoff Pollution Erosion gullies on land cleared of vegetation at a road construction site are a sign of sediment runoff Iridescence (rainbow colors) in runoff water is a sign of spilled petroleum products washing off roads Other signs of runoff pollution during road construction include obvious changes in streams or rivers downstream from the construction such as bank erosion and sloughing muddy or oily water and sandbar relocation Clumps of mud on roads leaving a construction site can lead to sediment flows heading for drainage ditches and storm inlets that empty into nearby streams Rad projects should incorporate pollution prevention preferably by reducing the amount of pollutants released into an effective runoff pollution control plan Best management practices such as permanent storm water retention/detention ponds slope protection or grass strips and temporary sediment traps silt fences diversion trenches and provisions for washing vehicles before they leave the construction site are all means to reduce runoff pollution Pollution Prevention and Control Programs and Regulations The need to protect our environment has resulted in a number of pollution control laws regulations and programs The implementation of these programs takes place at all levels federal state and local Clean Water Act In 1987 Congress established the Nonpoint Source Management Program under section 319 of the Clean Water Act (CWA) to help states address nonpoint source or runoff pollution by identifying waters affected by such pollution and http //www epa govIOWOW/NPS/roads html 04/27/2002 Controlling Nonpomt Source Runoff Pollution from Roads Highways and Bridges Page 3 of 6 adopting and implementing management programs to control it These programs recommend where and how to use best management practices (BMPs) to prevent runoff from becoming polluted and where it is polluted to reduce the amount that reaches surface waters Coastal Zone Management Act and Reauthorization The Coastal Zone Management Act of 1972 established a program for states and territories to voluntarily develop comprehensive programs to protect and manage coastal water resource There are now 29 states and territories with federally approved coastal zone management programs The Coastal Zone Act Reauthorization Amendments (CZARA) of 1990 specifically charged the coastal states and territories with developing upgraded programs to protect coastal waters from runoff pollution This program is administered nationally by the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) CZARA applies to construction sites in 29 states and territories where less than 5 acres is disturbed CZARA also applies to storm water runoff from roads that is carried by municipal separate storm sewer systems that serve populations of less than 100 000 National Pollution Discharge Elimination System Construction sates where 5 or more acres are disturbed are considered point sources of pollution and require a National Pollutant Discharge Elimination System (NPDES) storm water permit under section 402 of the CWA In addition the following types of storm water discharges are regulated under the NPDES permit program discharges from municipal separate sewer systems serving populations of 100 000 or more discharges associated with industrial activities including construction sites of 5 acres or more and other discharges identified by EPA or a state as needing an NPDES permit because they contribute to a water quality violation EPA is developing regulations for other storm water discharges which may include discharges from municipal separate storm sewer systems serving populations of less than 100 000 and discharges associated with commercial operations light industries and construction sites of less than 5 acres If and when construction sites of less than 5 acres are regulated under the NPDES. program they will no longer be subject to the requirements of CZARA Intermodal Surface Transportation Efficiency Act A mayor piece of legislation designed to expand and improve the quality and condition of our national highway and transportation systems is the Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 better known as ice tea This act contains provision for the planning and developing of highway systems and a host of transportation enhancements activities including the mitigation of water pollution due to highway runoff Through ISTEA states are able to use a portion of their federal funding allotment for runoff pollution control devices and other BMPs to prevent polluted runoff http //www epa gov/OWOW/NPS/roads html 04/27/2002 Controlling Nonpoint Source Runoff Pollution from Roads Highways and Bridges Page 4 of 6 from reaching their lakes rivers and bays Other EPA Programs Other EPA programs that help control roadway pollution include the National Estuary Program (NEP) established by the CWA and the pesticides program under the Federal Insecticide Fungicide and Rodenticide Act The NEP focuses on point sources and runoff pollution in targeted high priority estuaries The pesticides program regulates pesticides that might threaten ground and surface waters Management Measures and Best Management Practices CZARA established goals to be achieved in controlling the addition of pollutants to out coastal waters EPA developed a Guidance Specifying Management Measures for Sources of Nonpomt Pollution in Coastal Waters States with approved coastal zone management programs are required to incorporate the Guidance management measures or more stringent management measures into their Coastal Zone Nonpomt Source Control Programs CWA section 319 programs assist states to the development of nonpomt source controls Key management measures for roads highways and bridges include the following • Protect areas that provide important water quality benefits or are particularly susceptible to erosion or sediment loss • Limit land disturbance such as clearing and grading and cut fill to reduce erosion and sediment loss • Limit disturbance of natural drainage features and vegetation • Place bridge structures so that sensitive and valuable aquatic ecosystems are protected • Prepare and implement an approved erosion control plan • Ensure proper storage and disposal of toxic material • Incorporate pollution prevention into operation and maintenance procedures to reduce pollutant loadings to surface runoff • Develop and implement runoff pollution controls for existing road systems to reduce pollutant concentrations and volumes Consult the Guidance for detailed information on the management measures Management measures as a practical matter can often be achieved by applying best management practices appropriate to the source of runoff runoff location and climate The Guidance suggests a number of best management practices that are options for states to use in successfully achieving management measures for bridges road construction road maintenance and operation Examples of best management practices for roads highways and bridges include • Avoid highway locations that require numerous river or wetland crossings (to achieve the Management Measure for Bridges) • Coordinate erosion and sediment controls with the Federal Highway Administration (FHWA) the American Association of State Transportation Officials (AASHTO) and state guidelines (to achieve the Management http //www epa gov/OWOW/NPS/roads html 04/27/2002 Controlling Nonpoint Source Runoff Pollution from Roads Highways and Bridges Page 5 of 6 Measure for Construction Projects) • Collect and remove road debris and repair potholes (to achieve the Management Measure for Operation and Maintenance) For More Information To obtain more information on the Clean Water Act runoff (nonpoint source) pollution control programs CZARA storm water regulations and control ISTEA or management measures and BMPs for roads highways and bridges contact the appropriate offices listed below United States Environmental Protection Agency Nonpomt Source and NPDES Storm Water Coordinators • U S EPA Region I (Connecticut New Hampshire Rhode Island Vermont) NPS (617) 565 3513 NPDES Storm Water (617) 565 3580 • U S EPA Region II (New Jersey Virgin Islands) NPS (212) 637 3701 NPDES Storm Water (212) 637 3724 Maine Massachusetts New York Puerto Rico • U S EPA Region III (Delaware Maryland Pennsylvania Virginia West Virginia) NPS (215) 597 3429 NPDES Storm Water (215) 597 0547 • U S EPA Region IV (Alabama Florida Mississippi North Carolina South Carolina Tennessee) NPS (404) 346 2126 NPDES Storm Water (404) 347 3012 • U S EPA Region V (Illinois Indiana Ohio Wisconsin) NPS (312) 886 0209 NPDES Storm Water (312) 886 6100 Georgia Kentucky Michigan Minnesota • U S EPA Region VI (Arkansas Louisiana New Mexico Oklahoma Texas) NPS (214) 665 7140 NPDES Storm Water (214) 665 7175 • U S EPA Region VII (Iowa Kansas Missouri Nebraska) NPS (913) 551 7475 NPDES Storm Water (913) 551 7418 • U S EPA Region VIII (Colorado Montana North Dakota South Dakota Utah Wyoming) NPS (303) 293 173 NPDES Storm Water (303) 293 1630 • U S EPA Region IX (Arizona California Hawaii Nevada) NPS (415) 744 2011 NPDES Storm Water (415) 744 1906 • U S EPA Region X (Alaska Idaho Oregon Washington) NPS (206) 553 4181 NPDES Storm Water (206) 553 8399 • U S EPA Headquarters NPS (202) 260 7100 NPDES Storm Water (202) 260 9541 http //www epa gov/OWOW/NPS/roads html 04/27/2002 Controlling Nonpomt Source Runoff Pollution from Roads Highways and Bridges Page 6 of 6 • Chesapeake Bay Program (800) 968 7229 • Gulf of Mexico Program (601) 686 7940 Federal Highway Administration Local Transportation Assistance Program (LTAP) Technology Transfer (T2) Centers The LTAP program provides training and technical assistance to local/tribal government transportation agencies on roads and bridges For the location of the LTAP T2 center in your state contact the T2 Clearinghouse at (202) 347 7267 Office of Wetlands, Oceans & Watersheds Home I Watershed Protection Home EPA Horne I Office of Watee I Search I Comments I Contacts Environmental Protection Agency s Office of Wetlands Oceans & Watersheds Revised December 30 1997 URL http //www epa gov/OWOW/NPS/roads html http //www epa gov/OWOW/NPS/roads html 04/27/2002 Meeting Type Regular Meeting Date 05 07 02 AGENDA H ad g Discussion It m 10 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION CITY CODE OF ORDINANCES REVIEW OF CHAPTER 22 DEPT /DIVISION LEGISLATIVE Requested Action City Council review and comment of Chapter 22 Summary Explanation & Background The City Attorney has provided amendment language Staff is seeking any additional feedback Exhibits Attached City Attorney s Memo of 04 23 02 Chapter 22 City ManagwsOce Department LEGISLATIVE cape- docurne� sladmtn ng12002105-07-021chapter22 doc MEMORANDUM TO BENNETT BOUCHER, CITY MANAGER FROM MARK MCQUAGGE, ATTORNEY DATE APRIL 23, 2002 RE PROPOSED AMENDMENT TO CAB APPELLATE PROCEDURE §22 46 Cape Canaveral City Code §22 46 provides Anv person(s) or the city aggrieved by a final decision rendered by the Community Appearance Board may seek appropriate relief in a manner provided by general law In consideration of this provision and to attempt to make the City Code as consistent in its application as possible I am recommending the following amendment Any person(s) or the city aggrieved by a final decision rendered by the Community Appearance Board may seek review of such final decision by a quorum of the City Council Following said review any aggrieved person(s) or the city may seek appropriate relief in a manner provided by general law As apparent by the language noted above any person who feels aggrieved by a decision of the Community Appearance Board must first seek review by the City Council to complete final action before proceeding to litigation Please provide this information to the City Clerk prior to the Council s review of Code Chapter 22 Plea -,e feel free to contact me with any questions or concerns mem j Chapter 22 COMMUNITY DEVELOPMENT* Article I In General Secs 22 1-22 25 Reserved Cross references --Planning ch 58 zoning ch 110 Supp No 7 CD22 1 Article IL Business and Cultural Development Board Sec 2226 Definitions Sec 2227 Established Sec 22 28 Composition qualifications Sec 2229 Term of office Sec 22 30 Vacancies Sec 2231 Removal Sec 22 32 Rules and procedures Sec 22 33 Purpose and duties Sec 22 34 Advisory capacity Sec 22 35 Indebtedness Article III. Community Appearance Review Sec 22-36 Statement of findings and purpose Sec 22 37 Board established membership qualifications of members Sec 22 38 Rules of conduct of board business Sec 22 39 Proceedings of the board Sec 2240 Approval prerequisite for permits Sec 22-41 Compliance with other code provisions Sec 22-42 Procedure Sec 22-43 Notice of approval or denial Sec 22-44 Application criteria Sec 2245 Concept plans Sec 2246 Appeals and review Sec 22-47 Building permits enforcement Cross references --Planning ch 58 zoning ch 110 Supp No 7 CD22 1 COMMUNITY DEVELOPMENT ARTICLE I IN GENERAL Secs 22 1---22 25 Reserved ARTICLE II BUSINESS AND CULTURAL DEVELOPMENT BOARD* Sec 22 26 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 Commerce or commercial pertain to activities in the areas of industry commerce business and tourism (Ord No 10 99 § 1 9 7 99) Sec 22 27 Established The city establishes a business and cultural development board m and for the city (Ord No 10 99 § 1 9 7 99) Sec 22 28 Composition qualifications The business and cultural development board shall consist of five regular members and four alternate members (Ord No 10 99 § 1 9 7 99) Sec 22 29 Term of office The members of the business and cultural development board shall be appointed by a major ity vote of the city council for staggered terms of two years (Ord No 10 99 § 1 9 7 99) Sec 22 30 Vacancies Vacancies occurring on the business and cul tural development board shall be filled for the unexpired term by the city council (Ord No 10 99 § 1 9 7 99) Cross reference—Boards committees commiss ons § 2 171 et seq Seo 22 31 Removal §2233 The city council by majority vote shall have the authority to remove any member of the buss ness and cultural development board from office whenever in its discretion the best interest of the city shall be served (Ord No 10 99 § 1 9 7 99) Sec 22 32 Rules and procedures The business and cultural development board shall adopt a set of rules to govern meetings and procedures which shall be approved by the city council (Ord No 10 99 § 1 9 7 99) Sec 22 33 Purpose and duties The business and cultural development board shall have the purposes and duties to (1) Prepare a commercial redevelopment plan and submit the plan for approval to the city council Tlus plan shall analyze exist ing conditions and needs pertaining to the city s commerce and determine optimum methods and means of improving those conditions and satisfying those needs The plan shall contain as a mimmum the following Supp No 7 CD22 3 a A survey of existing commercial en titles located in the city b An inventory of existing vacant space (building and land) suitable for use in. commercial development This shall be coordinated with the plan rung and zoning board c A determination of the commercial needs of the citizens of the city that are presently going unsatisfied or being met by commercial entities outside the city d An analysis of these needs and the preparation of a plan for bringing new and needed commercial enter prises to the city This plan should also seek methods of enhancing ex § 22 33 CAPE CANAVERAL CODE nsting commerce presently located in our city in an effort to satisfy citizen needs (2) Implement the council approved commer tial redevelopment plan as directed and funded by the council (3) Confer with and advise the city council on all matters concerning the development of commerce in the city (4) Act as haxson for the city in the area of public relations with the following a Cocoa Beach Area Chamber of Com merce b Canaveral Port Authority c County Economic Development Coun cxl d Other similar organizations or ager cies which in the opinion of the business and cultural development board would be appropriate for such liaison and the e Brevard Cultural Alliance (5) Determine from exmstnng commercial en terpnses in the city and interested out side entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and en courage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action (6) Advise the city council and the city man ager of the advent of any new commercial activity i e new businesses significant change in existing businesses etc in the city s commerce in order that timely and appropriate recognition by the city can be effected (7) Cooperate with all community groups which are dedicated to orderly commer ,tial expansion of the city and furnish them with aid and advice as is deemed appropriate (8) Generally encourage nm any manner the development of business commerce in dustry and tourism in the city (9) Investigate sources of financial assistance available to the city from the governmen tal or private sector and assist the city as directed by the city council in properly applying and promoting the successful acquisition of the assistance For the pur pose of this article financial assistance may be in the form of grants low interest loans or physical property including that of real or personal nature Activity in the private sector will be limited to estab fished foundations (Ord No 10 99 § 1 9 7 99) Sec 22 34 Advisory capacity The powers and duties of the business and cultural development board are of an advisory nature only and the board shall not have any powers or duties which conflict with or supersede the powers and duties of other city boards (Ord No 10 99 § 1 9 7 99) Sec 22-35 Indebtedness The business and cultural development board shall not incur any debts or enter into any con tracts or obligations which would be enforceable against the city unless prior approval has been obtained from the city council (Ord No 10 99 § 1 9 7 99) ARTICLE III COMMUNITY APPEARANCE REVIEW Sec 22-36 Statement of findings and pur pose (a) The logo of Cape Canaveral and its accom panynng motto Sun Space and Sea signifies Cape Canaveral s unique cultural character and beauty Indicative of Cape Canaveral s unique ness is its reputation as primarily a residential waterfront community with beautiful beaches and scenic ocean vistas within close pro3umity to several internationally renown tourist destnna tions including the Kennedy Space Center and several major cruise ship terminal Supp No 7 CD22 4 CONIMUNTrY DEVELOPMENT (b) In recognition of Cape Canaveral s unique- ness the city council has determined that a deliberate and conscientious effort must be made by community leaders in partnership with archi tests planners realtors builders and the cite zenry of Cape Canaveral to protect the general welfare of the community by preserving and im proving Cape Canaveral s aesthetic appearance beauty and character so as to ultimately enhance the quality of life and civic pride of all people who reside work vacation or spend time in Cape Canaveral (c) The facilitator of this effort shall be the community appearance board whose primary pur pose shall be to encourage uniform architectural standards and cohesive community development consistent with the intent and purpose of this article (d) The cultural character and beauty of Cape Canaveral involves among other tlnngs the aes thetic quality of all one sees in moving about the entire community Consequently the ultimate de- signers and developers of buildings and strut tures must be mformed of the larger context in which their particular works will be viewed within the community The task of the community ap pearance board shall be to provide a mechanism by which proposed new development and modifi cations or rehabilitations (of buildings and strut tures) can be reviewed and approved in a uniform manner so as to be in harmony with the compre hensive architecturally related policies objectives and standards adopted by Cape Canaveral for the overall betterment of the community (e) It is recognized by the Florida Supreme Court that zoning solely for aesthetic purposes is not outside the scope of the police power of mu nicipal governments like Cape Canaveral It has also been ,judicially recognized in Florida (and in other ,jurisdictions) that the promotion of aes thetic beauty also protects property values tour ism and other economic interests which Cape Canaveral deems vital to the community (f) Zoning is the single most powerful legal enforcement of an overall urban concept but alone it does not create beauty aesthetic order or amenity The task of the community appearance board shall be to preserve various elements of § 22 37 urban beauty and regiure that new projects being developed enhance existing development and the landscape of the community (g) The essential foundation of beauty in com muniiies is harmony The plan for achieving beauty must grow out of out special local characteristics of site development and redevelopment potential Some local areas of natural beauty are the beaches ocean and the Banana Raver The vistas and visual delight of these should only be enhanced (Ord No 16 95 § 2 12 19 95) Sec 22 37 Board established membership qualifications of members (a) Established There is hereby established a community appearance board which shall consist of five members who shall serve without compen sation and two alternate members who may par ticipate in discussion but may not vote unless substituting for a voting member who is absent Members of the board shall be appointed by majority vote of the city council Voting members shall be appointed for staggered terms the initial voting members shall serve the following terms one member shall serve a term of one year two members shall serve a term of two years and two members shall serve a terms of three years Thereafter all members shall be requested to serve a three-year term There shall be no restric tion placed upon the number of terms that an individual member may serve Alternate mem hers shall serve three year terms (b) Removal vacancy Members may be re- moved by majority vote of the city council at will A seat on the board shall be deemed vacant when a member has more than three consecutive ab sences or five absences within a period of 12 months or because of death resignation removal or completion of the term of any member A member seat vacated prior to the expiration of its term shall be filled for its unexpired term by majority vote of the city council (c) Qualifications All members shall be resi dents of the city with the exception allowing that one member or alternate member may be a non resident All members shall be qualified by reason of trmnTng or expertise in art architecture com munity planning land development real estate Supp No 7 CD22 5 § 22 37 CAPE CANAVERAL CODE landscape architecture or other relevant business or profession or by reason of civic interest so as to be considered a sound judge of the aesthetic effect and impact upon property values desirability and the economic social and cultural patterns of the community of a proposed building or strut ture on surrounding areas (Ord No 1695 §2 12 19 95 Ord No 198 §1 2 17 98) Sec 22 38 Rules of conduct of board busi ness The community appearance board shall comply with all rules and procedures adopted by the city council which relate to quasi ,judicial boards The community appearance board may adopt addi tional rules and procedures deemed necessary to the conduct of its affairs and in keeping with the provisions of this article providing such rules do not conflict with applicable rules adopted by the city council Three members shall constitute a quorum The affirmative vote of the majority present shall be necessary for any board actions provided however it shall take three affirmative votes to pass or approve an application under section 22 40 (Ord No 16 95 § 2 12 19 95) Sec 22 39 Proceedings of the board (a) At the initial meetings and thereafter an nually the board shall elect a chairperson and a vice chairperson The officers may succeed them selves The chairperson or the vice chairperson in his absence shall conduct all proceedings in an orderly manner and provide at least a minimum of due process to all interested parties Meetings shall be held on the first and third Monday of each month unless no business is presented to the board for a particular meeting All board meetings shall be open to the public The time and place of meetings and the order of business and prose dure t(Y be followed at meetings shall be pre scribed by the board A written record of the proceedings of the board shall be kept showing its action on each question considered Such record shall be filed with the office of the secretary of the board and shall be open for public inspection (b) The city shall provide ad—Tustrative le gal architectural and other professional expert services deemed necessary for the board to per form its duties and obligations under this article (Ord No 16 95 § 2 12 19 95) Sec 22 40 Approval prerequisite for per mitts (a) Without exception all plans elevations and proposed signs for buildings or structures or alterations thereto shall be approved by the community appearance board or by the city conn cil under limited circumstances provided in this article before a permit is issued for any building structure sign or other development of property or appurtenances or alterations thereto which have an exterior visual impact or effect on the community (b) Notwithstanding paragraph (a) of this sec tion if the building official determines (at his sole discretion) that a building permit application is minor or insignificant the building official may grant the permit without submitting the applica tion to the community appearance board for ap proval providing the permit is consistent with the intent and purpose of this article For pur poses of this paragraph the phrase minor or insignificant shall mean a small scale renovation or modification project affecting a small site and having a nominal exterior visual impact and effect on the community Any party or person adversely affected by a decision made by the building official may appeal such decision to the community appearance board (Ord No 16 95 § 2 12 19 95) Sec 22 41 Compliance with other code pro visions The requirements of this article are deemed supplemental of and in addition to all other applicable codes adopted by the city including but not limited to the land development regula tions and all fire and building regulations Ap Seipp No 7 CD22 6 COMMUNITY DEVELOPMENT proval of plans and specifications by the commu pity appearance board shall be construed only for the limited purpose of complying with this article and in no way shall the applicant construe such approval as evidence of comphance with any other applicable city codes and regulations (Ord No 16 95 § 2 12 19 95) Sec 22 42 Procedure (a) Submission of application All applicants for a building permit subject to the provisions of this article shall submit to the building official the documents prescribed in section 22 44 to- gether with an application fee to be adopted pursuant to appendix B (b) Scheduling and notice of hearing Upon receipt of the required documents the building official shall forthwith schedule a hearing on the application before the community appearance board Notice of the time and place of the public hearing shall be given to the applicant at least seven days prior to the date of the public hearing Public notice of the tune and place of the public meeting shall also be posted at places within the city deemed reasonably appropriate for providing such notice Public notice shall also contain the name of the applicant a general description of the property and a general description of the apply cation request (c) Conduct of hearing approval or denial At the designated public hearing the community appearance board shall hear the applicant on the proposed application and shall hear from mem bers of the general public in accordance with the rules and procedures adopted by the city council and the board During the public hearing the applicant may be present in person or by counsel and the applicant has the right to present evi dence in support of his position and cross examine adverse witnesses whose testimony is offered at the hearing The community appearance board may approve, approve with conditions or disap prove the application only after consideration of whether the following criteria are complied with (1) The plans and specifications of the pro posed project indicate that the setting landscaping ground cover proportions materials colors texture scale unity bal Supp No 4 CD22 7 § 22 42 ance rhythm contrast and simplicity are coordinated in a harmonious manner rel evant to the particular proposal surround ung area and cultural character of the community (2) The plans for the proposed building or structure are in harmony with any future development which has been formally ap proved by the city within the surrounding area (3) The plans for the proposed building or structure are not excessively sinular or dissimilar to any other building or struc ture which is either fully constructed permitted but not fully constructed or included on the same permit application and facing upon the same or intersecting street within 500 feet of the proposed site with respect to one or more of the follow ing features of exterior design and appear ance a Front or side elevations b Size and arrangement of elevation facing the street including reverse arrangement or C Other significant features of design such as but not limited to mater als roof line and height or design elements (4) The plans for the proposed building or structure are m harmony with the estab lished character of other buildings or strut tures in the surrounding area with re spect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community (5) The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article the Comprehensive Plan for Cape Canaveral and other applicable federal state or local laws (d) Limitations on tabling (1) No application before the community ap pearance board for a particular develop § 22-42 CAPE CANAVERAL CODE ment or part thereof shall be tabled more than once by request of the board Further attempts by the board to table such application shall permit the apple cant to bypass the board and seek a hearing before the city council at its next regular meeting In no way shall the ap plicant be permitted to by pass the board if the board s reason for tabling the apple cation was caused by the applicant s re quest misconduct or failure to make ade- quate preparations for a hearing before the board (2) Notwithstanding the foregoing the apph cant is permitted to request (once as a matter of right) that the board table a particular application Further attempts by the applicant to table such an applica tion shall be deemed a withdrawal and the applicant shall be prolnb3ted from submitting a substantially similar apph cation for 30 days from the date of with drawal An application resubmitted shall begin the application process anew includ ung the filing of a new application and payment of all applicable permit fees (Ord No 16-95 § 2 12 19 95) Sec 22-43 Notice of approval or denial (a) Promptly after the community appearance board has rendered a decision on a particular apphcation the board shall prepare and deliver to the applicant thereof a formal written notice which indicates its decision on the application (approval approval with conditions denial) If the application is approved with conditions the notice shall contain a statement which clearly indicates the conditions If the application is denied the notice shall contain a statement which mdicates the rationale for denial building permit is issued the approval shall be valid for a time period equal to the permit and shall exp►re only if the building permit expires (Ord No 16 95 § 2 12 19 95) Sec 22 44 Application criteria Upon an application create by the building official an applicant shall submit the following application criteria to the building official for consideration by the community appearance board (1) Level 1 review (small commercial/nidus trial projects of 850 square feet or less or residential units not exceeding three in number) a Vicinity map locating all zoning clas sifications lncludhng orientation of the color photographs b For new development of unimproved property a concept plan locating un provements c Minimum three color photographs of site and settuig (surrounding area) d At least two elevations to scale and e Presentation of the materials tex ture and colors (2) Level 2 review (commercial four or more multifamily residential and industrial not covered in level 1) a Vicinity map locating all zoning clan sifications mcluding orientation of all color photographs b For new development of unimproved property a rendered concept plan depicting in detail location of land scaping and all the elements on the site e All preliminary elevations (b) Approvals by the board shall be valid for a maximum of 12 months from the date the board d Materials texture and colors board renders its approval at a pubhc meeting If the depicting location of colors and applicant fails to obtain a building permit within a Minimum of three color photographs the 12 month period the boards approval shall of site and setting expire at the end of the period However once a (Ord No 16 95 § 2 12 19 95) Supp No 4 CD22 8 COMMUNITY DEVELOPMENT Sec 22 45 Concept plans All concept plans submitted for consideration under this article for the new development of unimproved property shall indicate the following sufficiently (1) Dimensions and orientation of the parcel (2) Location height and use of buildings structures and encroachments both exist ing and proposed (3) Location and arrangement of manmade and natural ground cover (4) Proposed ingress and egress facilities (5) A conceptional preliminary landscaping plan (6) Unusual grading or slopes if any (7) Location of walls and fences and the uxdi cation of their height and the materials of their construction (8) Location and size and graphic content of proposed exterior signs outdoor advertis ing or other constructed elements other than habitable space if any (9) Such other architectural and engineering data as may be requested to clarify the presentation (Ord No 16 95 § 2 12 19 95) Sec 22 46 Appeals and review Any person(s) or the city aggrieved by a final decision rendered by the community appearance board may seek appropriate relief in a manner provided by general law (Ord No 16 95 § 2 12 19 95) Sec 22 47 Building permits enforcement Lnless otherwise provided by this article no building permit shall be issued until the commu nits appearance board has approved the proposed building or structures architectural specifica tions and design features pursuant to this article Any final plans and specifications that differ substantially in the opinion of the building offi tial from the approved application by the com munity appearance board shall be resubmitted prior to the issuance of the building permit All § 92-47 approved specifications and design features shall become a binding condition of and made a part of the building permit(s) secured for the building or structure associated therewith The building per mit shall be enforced in a manner similar to all other building permits issued by the city The city shall have the right power and ability to recover all costs expenses and reasonable attorneys fees ( costs ) incurred as a result of enforcing he permit All costs shall be a hen on the property to which the building or structure ;s associated from the date the costs become due until the costs are paid The owner of the property shall be obligated to pay the costs which obligation may be enforced by the city by action at law or suit to enforce the hen in the same manner as the foreclosure of mortgages (Ord No 16 95 § 2 12 19 95) Sapp 'No 4 CD22 9 Meeting Type Regular Meeting Date 05 07-02 AGENDA H a& g Discussion Item I I N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION SANITARY SEWER CONSTRUCTION COST SHARING DEPT /DIVISION PUBLIC WORKS/WWTP Requested Action The public works director at the request of City Council, has evaluated a couple of scenarios of how the City may proceed with the cost sharing of sanitary sewer Ines Summary Explanation & Background See attached memo Exhibits Attached Public Works Director s memo dated 04 11 02 City Mana ce Department PUBLIC WORKS/WWTP cape- t um N drain g 5-07-02\wver doc MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulski Public Works Director DATE April 11, 2002 SUBJECT City Council Agenda Discussion Item for May 7th, 2002 Oak Lane Sanitary Sewer Construction Cost Share The City s Code of Ordinances Sec 78 55(d) requires the owner at their expense to connect directly to the Public sewer provided that the sewer is within 150 feet of the property line Furthermore Sec 78 78 also endorses this point City of Cape Canaveral Code of Ordinances does not include a provision to require the increased sizing of a utility line to best serve the public Nor does the Code of Ordinances provide a means for the City to share in the cost of any up sizing of a utility line for public use Case in point Property owner A is located 1 000 feet from a City sewer line and it has been determined that a 4 sewer line will fulfill its needs and is constructed Property owner B now has a 4 inch sewer line along 500 feet of its property that is utilized at full capacity Hence Property Owner B will be required to construct a 4 inch sewer line for its needs Property Owner C now has two 4 inch lines along its property and is unable to construct a sewer line due to the fact that there is not any room within the right of way for any additional lines As the result the City now has two 4 inch sewer lines operating at full capacity within the same right of way and property that cannot be developed due to the unavailability of public utilities It would be to the City s advantage to have one sewer line constructed to meet the needs of the sewer collection of the service area To meet this need a larger gravity sewer line should be constructed To accomplish this task the City needs to have a means for cost sharing on a case by case approval by City Council Public/private partnership is a common cost saving activity utilized in government For example the cost for the construction of a utility such as a sewer line shall be divided between each of the property owners on the basis of front footage Case in point the properties within the Oak Lane service area do not have sewer service available The City of Cape Canaveral has received bids to construct a force main from Lift Station #4 westward to Oak Lane hence commencing along Oak Lane to the canal where this gravity sewer line will tie into an existing gravity sewer line The cost for the portion of this total project that is directly related to the property owners shall be divided between each of the property owners on a basis of linear foot The total cost for the sewer line construction from the lift station to the canal is $123 831 The gravity portion of this project is 1 181 linear feet of eight (8 ) inch pipe at a cost of $77 113 The cost for linear foot is $65 30 Half of the cost ($32 65) per linear foot would be the cost for each side of the road It is only this portion that is directly related to the Oak Lane service area that should be a cost to each property owner Attachment A is break down of the calculated cost provided by SSA Attachment B is a drawing depicting the location of the properties of the sanitary sewer service area Attachment C provides a cost breakdown for each property A second option is from the viewpoint of the future economical development of the adjoining property and the potential value of impact fees that the City of Cape Canaveral can receive The economical development of the property will yield an increased ad valorem benefit to the City More so the development of the property will yield a substantial collection of impact fees For example the subject property along Oak Lane is zoned C I This classification will allow 30 hotel/motel rental units or 15 single family residential dwellings per acre The subject property entails eleven (11) acres For Hotel/Motel the potential collection of impact fees is ($867 61 times 30 units time 11 acres) $286 311 30 For residential units the potential collection of impact fees is ($2 337 81 times 15 units times 11 acres) $385 738 65 The construction cost of the Oak Lane gravity sewer line only was $77 113 The City of Cape Canaveral can collect five (5) times the construction cost in impact fees In retrospect less then half the potential impact fees that can be collected will pay for the construction of the Oak Lane gravity sewer line The second half of the potential impact fees can be utilized for plant expansion items Request Council s direction on how to proceed so that an agenda action item can be scheduled and notice given to the property owners involved Attachments ATTACHMENT A CONSTRUCTION BID COST OAK LANE GRAVITY SEWER (Prime Construction Group, Inc ) 2 -Aug -01 SSA Project #95-0207 ITEM QTY UNIT DESCRIPTION PRICE 1 1 LS Mobilization $ 5,00000 2 1 LS Construction Survey $ 1 230 00 3 1 L S Traffic Maintenance $ 50000 4 1 L S Dewatering & Shoring $ 4,50000 5 1 L S Gravity Line Testing $ 20000 6 1 L S Laboratory Testing $ 75000 7 1 L S Cleanng & Grubbing $ 12,500 00 8 1 181 L F 8 PVC (SDR 35) $ 27 163 00 Sanitary Sewer Manhole (4 Dia } 9 5 EA 1<10) $ 12,500 00 Sanitary Sewer Manhole 10 1 EA (Doghouse, 5 Dia ) (<10) $ 3,40000 11 3 EA 10 M J Plug $ 24000 12 2 EA 8 M J Plug $ 10000 Remove Existing Sanitary Sewer 13 2 EA Manhole $ 1,200 00 14 190 L F Remove Existing 10 PVC $ 57000 15 50 L F Remove Existing 8 PVC $ 10000 Remove Existing SS Manhole (Circle K Store) & Construct 6 PVC Lateral from Existing 4 Service to 16 1 EA 8 PVC SS $ 50000 17 8 EA 6 PVC SS Service Lateral $ 3,40000 18 50 L F Grout Fill Existing 10 PVC $ 30000 19 115 L F Grout Fill Existing 8 PVC $ 46000 Excess Material (Excavation) 20 1 L S Disposal & Oak Lane Grading $ 2,50000 Total $ 77 113 00 st11 1c avii161D COST 95 0207 OAK LANE/Sheetl ATTACHMENT B v a4 , D i s� t Axl Ali A24 A Axt 2" A42 A,i#c .Aa4 Aei Ap Aar Ai! .� Al t "Aga M DR(A All Air all 8 w-... A.42 �" �� 1 7010 'It #i � ti 14 �g i 7 ! i ; 8 � t si [ ret to a J � A 3! fibs Rr clit 92 C! 24 M trIZ i8 Ff42 I 42 IJ ] 1 a 647 Y t Attachment C Item Parcel Number Linear Per Foot Total feet Cost Assessment A02 24 37 14 28 0000 0 OOOA 02 334 $ 3265 $ 10 905 10 A03 24 37 14 28 0000 0 OOOA 03 80 $ 3265 $ 2 612 00 A04 24 37 14 28 0000 0 OOOA 04 80 $ 3265 $ 2 612 00 A05 24 37 14 28 0000 0 OOOA 05 83 $ 3265 $ 2 709 95 A06 24 37 14 28 0000 0 OOOA 06 69 $ 3265 $ 2 252 85 A09 24 37 14 28 0000 OOOOA 09 75 $ 3265 $ 2 448 75 A17 24 37 14 28 0000 0 OOOA 17 75 $ 3265 $ 2 448 75 A10 24 37 14 28-0000 0 OOOA 10 394 $ 3265 $ 12 864 10 A24 24 37 14 28 0000 0 OOOA 24 440 $ 6530 $ 28 732 00 City common area cost 146 $ 6530 $ 9 527 20 Total $ 77 112 70 Future Land Use Map ( m,*mY 07 (A-11 QNAV--� KIWI RI Page 1 of 1 This future Land Use Map of the City of Cape Can averal = was adopted ars pari of http //fcn state fl us/cape/Future%o20Land%2OUse%2OMap htm I S 04/09/2002 § 110 331 CAPE CANAVERAL CODE Seipp No 3 CD110 38 adjacent to major arterial streets and convenient (9) Plant nurseries and greeinlio ,A,uto ria[ to major residential areas The types of uses that all outside dis la p Y merc jcllowii permitted are intended to serve the consumer be contained in the required Al' needs of nearby residential neighborhoods as g (10) Repair service establishmen a feE well as the commercial needs of the motorist Lot is household appliances iia sizes and other restrictions are intended to reduce 4 radio uses but not inciudtng b U1 conflict with adjacent residential uses and to epai a re minimize the interruption of traffic along thor 0 oughfares All buildings in this district shall be (11) Kindergartens and child care fa sl considered in the fire district as per the defini (12) Shopping centers and malls P r� tion in section 110 1 and shall be built in con (13) Retail sale of beer and wine for c T formance with the rules and regulations of fire mases consumption p districts 1{ (Code 1981 § 637 45) {14) Public schools 1 (Code 1981 § 637 47 Ord Na 17 96 § 3 1 d 1 Sec 110 332 Principal uses and structures Sec 110 333 Accessory uses and stru e r In the C 1 low density commercial district the In the C 1 low density commercial following uses and structures are permitted customary accessory uses of one or more principal uses clearly incidental and subor ( 1) Retail stores sales and display y rooms to the principal use in keeping with the f (2) Personal service establishments such as density commercial character of the district, beauty shops and barbershops laundry and permitted dry cleaning pickup stations tailor shops (Code 1981 § 637 49) and similar uses g (3) Professional offices studios clinics labora Sec 110 334 Special exceptions permissl- ble by board of adjustment. tones general offices business schools and similar uses (a) In the C 1 low density commercial distnet, after public notice and hearing the board of a f (4) Hotels motels In no case shall there be adjustment may permit special exceptions which more than 30 rental units per net acre nor are compatible to permitted uses and which are shall a rental unit have a floor area less able to meet the minimum requirements and than 300 square feet Hotel and motel units performance standards as set forth in this zoning o containing provisions for cooking or light district housekeeping shall have a minimum floor area not less than 400 square feet Motels (b) The board of adjustment may adjust set and hotels may not be converted to other backs and provisions noted in article IX of this G types of dwellings at more than the density chapter as necessary and appropriate in granting required in this chapter for such dwellings special exceptions (5) Eating establishments (c) Special exceptions may be permitted for the (6) Public and semipublic parks playgrounds following clubs and lodges cultural facilities hospi (1) Veterinary hospitals and clinics tals clinics mortuaries funeral homes (2) Radio and television studios broadcasting government offices schools churches and towers and antennas similar uses (7) Banks and financial institutions T (8) Commercial recreation such as driving ro ranges bowling alleys and similar uses 3 Seipp No 3 CD110 38 I� 0 § 110 334 CAPE CANAVERAL CODE N (8) Retail stores using outside display areas c provided the following are met a The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure b The outside display area shall be con sidered the same as the floor area for i the purpose of calculating offstreet parking setbacks and lot coverage I.I 9 0 (9) New and used automobiles major recre ational equipment and mobile home sales or rentals with accessory services subject to the following a All outside areas where merchandise is displayed shall be paved b All ingress and egress points to abut ting streets shall be marked clearly and placed not closer than 150 feet apart on the same street c All servicing and repair activities ex cept gasoline pumps shall be located in an enclosed structure d There shall be no storage of ,junked or wrecked automobiles other than tem porary storage not to exceed 30 days and these vehicles shall be in an en closed area and not be visible from out side the property e Ingress and egress points shall not be placed so as to endanger pedestrian traffic (10) Single family dwellings two family dwell rings townhouses and multiple -family dwell rings provided however there shall not be more than 15 dwelling units per net resp dential acre See requirements In the R 2 district in division 3 of this article These requirements apply to residential construc tion in the C 1 district (11) Commercial establishments for the storage or parking of recreational vehicles trailers and tranlerable items provided it meets the following as a minimum a Minimum lot size of 10 000 square feet b Vehicle storage area must be obscured from view by either walls fences or hedges Walls fences and hedges must coinp17 with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view (12) Public utility equipment uses and rights, of way essential to serve the neighborhood in which it is located (13) Theatres drive in theatres photograph studios bookstores and dance studios un less such uses fall within the scope and re. strictions of section 10 86 et seq (14) Carwashes including polishing and sale of related materials (Code 1981 § 637 51) See 110 335 Prohibited uses and structures, In the C-1 low density commercial district the following uses and structures are prohibited (1) All uses not specifically or provisionally per mitted in this division (2) Any use which fails to meet performance standards specifications as provided in sec. tion 110 466 (3) Bottle clubs (Code 1981 § 637 53) 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 CD110 40 a b Service stations hotels and motels 12 000 square feet All other principal uses and structures 5 000 square feet and in addition the ratio of gross floor area to Iot area shall not exceed 15 10 (2) Minimum lot width shall be as follows a b Service stations hotels and motels 100 feet 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) (6 (Cod Sec (a the i lows (3 (4 (F (t (Coc Sec I1 lanc vide tarn (CO[ Sec h offs stre tion (Coy Sup] d CQ 0 CAPE CANAVERAL CODE Description Article III Excavations (a) Permit fee (b) Deposits (refundable after 12 months) (1) For paved streets per square foot of surface (2) For unpaved streets per square foot of surface (3) Minimum deposit (4) General deposit Chapter 70 Taxation Article IN Occupational License Tax (a) rf!ransfer of license (1) For transfer of location by same owner (2) For transfer of ownership Chapter 78 Utihtms Article II Sanitary Sewer System (a) Connection to sewer (1) Inspection fee (tap fee) (2) Late charge (b) Wastewater discharge permit (1) Initial application (2) Renewal (annual) (c) Reviewing accidental discharge and construction plans and specifications (d) Surcharge for abnormal strength wastes (tiered rate sched ule) (1) For each parameter on the first day (2) Progressing upward each day by increments of (3) Maximum for each parameter violation per day (e) Impact fees .� (1) Residential a Each single family dwelling unit b Each residential unit of a multiple family unit duplex triplex and/or apartment unit Supp No 3 CDB 8 0 Code Amount Sertcon Desert 2500 66.83 %84 200 050 2500 50000 300 7080 Soo 7080 i s t 2500 7827 7500 7828 7500 7899 2000 7899 s 15000 7,999 10000 78 111 10000 78 111 1 000 00 78 111 78 129 2 337 81 2 337 81 °UPP Code section I Descnptwn �6 83 �)6 84 7080 7080 7827 7828 7899 78 99 7899 78 111 78 111 18 111 78 129 APPENDIX B --.SCHEDULE OF FEES c Each condominium unit d Each mobile home space (2) Commercial The impact assessment fee shall be the greater of $2 337 81 or the amount calculated for the uses de scribed below a Barber and beauty shops per chair b Bowling alleys per lane c Churches per seat d Dentist offices per dentist e Doctor offices per doctor f Food service operations 1 Restaurant per seat 2 24 hour restaurant per seat 3 Bar and cocktail lounge per seat 4 Drive in restaurant per car space g Hospitals per bed h Hotels motels per room I Laundry facilities per washing machine 3 Nursing rest homes per person k Office building per worker I Schools per student m Service stations per water closet and per urinal n Shoppmg centers without food or laundry per square foot of floor space o Stores without food service per square foot of floor space p Theaters indoor per seat q Travel trailer park without water and sewer hookup per space r Travel trailer park with water and sewer hookup per space No 9 CDB 9 Amount 2 337 81 233781 68445 68445 1725 1 461 14 146114 29223 43835 17487 29223 146114 87661 2 337 81 58445 11737 14612 146114 058 058 2875 43835 58445 Code Section M FILE No 951 04/25 02 Prl 01 34 IO STOTTLER STHG ASSOC FAX 3217837065 PAGE 1 Architects Engineers Planners Inc 8880 N Atlantic Avenue Cana Canaveral R 32920 STOTTLER STAGG & ASSOCIATES 32 web l'te www st tWr tagg eam I0 Bennett 13(judler FROM John Pekar AprJ 24 2002 STATUS REPORT ON—GOING SSA/CITY PROJECTS 1) Pedestrian Bridge — Al A West Side + Drawings complete a SJRWMD permit obtained + Pending FOOT permit by early May Contractor awaiting last permit to begin + Preliminary schedule for work to be completed in Late May f Early June 2) City Sign • Area staked by SSA • Soil borings in progress • Foundation soil plan to Port (and RKT contractor) following boring results • Soil foundation to be constructed first in May Port may pay Contractor • Design/Build proposal to City early May for sign 3) Needs Study for Public Works building being finalized by May 100 41 Field Observations of Lift Station 4 — work in progress 5) Manatee Park Site Plan Support for grants being finalized by early May 6) SRAI A FDOT Photo Images for Landscaping Grant being completed for IQ parcels MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulski Public Works Director DATE April 29, 2002 RE Public Works Department Status Report The follow is an update on the status of Public Works Department projects 1 AIA Beautification Project Easement agreements have been executed for six (6) property owners that requested to be part of the program Waiting for the return of the recorded agreements to be forwarded to FDOT and property owners SSA is developing landscape plans 2 City Signs City Boards are working on conceptual ideas for City entrance signs Public Works Department is working on securing easement for site locations for the south signs located along AIA at Yogi s Food Store and Hidden Harbor Condo along Ridgewood Ave property owner The north City Signs with be anoint effort with the Port Authority and the City Sanitary Sewer and Lift Station Project The gravity and force main sewer line is completed The clean up of the Jamieson property has been completed and we are waiting for DEP to review the environmental report The Construction of Lift Station #4 is in progress and is 30 days behind schedule 4 Harbor Heights Road Paving City Council approved Agenda Item for the paving of Harbor Heights Subdivision Work is on hold until the completion of the construction of Lift Station #4 5 City Sidewalk/ Bridge Projects Public Works received quotes for the construction of new sidewalk along AIA from Thurm Blvd southward to Columbia Blvd The construction of the sidewalk was presented to City Council as an Agenda item and was approved SSA design of the Bridge is complete FDOT is reviewing the bridge design pending permitting Construction is scheduled for the end of May 6 Vorteh Box SJRWMD Project The Project is complete and the City has submitted the required documents for cost sharing The City has received reimbursement in the amount of $20 900 Apr 26 02 10 20a Amari 6 Theriac 3216399950 p 2 MEMORANDUM TO BENNETT BOUCHER, CITY MANAGER OF CAPE CANAVERAL FROM MARK MCQUAGGE ATTORNEY DATE APRIL 25, 2002 RE STATUS REPORT PER CITY COUNCIL'S REQUEST The followmg are current projects/tasks being preformed by the office of the City Attorney t City of Cocoa Beach vs City of Cate Canaveral Inter Local Agreement dispute concerning the distribution cif reuse effluent at present I am waiting a response from Attorney Gary Sack concerning the scheduling of a mediation between the parties with Mediator Dwight Severs 2 Fire Safety Code Modification Currently we are planning a town meeting to notify all affected property owners ofthe new statutory changes to the Fire Safety Code the time period required for compliance and what actions must be taken for compliance with the Code 3 Help U Build Currently reviewing the status of a single farmly residence at 609 Manatee Drive related to construction and compliance with the City of Cape Canaveral Code of Ordinance 4 road reservation .a Villages of Seaport Currently reviewing the same for a reservation to be tpplied to the Storni Water Retention flan S Blarnev 67 Reviewing a proposal for an amendment to a previous settlement agreement which contemplates a new landscape plan and drainage system along with a new sign 6 Beach Signs Currently reviewing the cluster of signs at the beach crossovers in an attempt to update prioritize and consolidate same Reservation of Undedicated Reserve Fund Ordinance Currently drafting an ordinance that would reserve for the specific purpose of road repaving to be paid for by the reserve fund Apr 26 02 10 21a Rmari L Theriac 3216399950 P 3 8 0 10 Code Provisions that are either curreo beim amended or have been amended Chapter 1 Chapter 22 Chapter 2 Chapter 38 Chapter 6 Chapter 78 Chapter 10 Chapter 94 Chapter 14 Chapter 98 Chapter 16 Chapter 122 Chapter 18 Saureamann/Parcg! 24 al 1400-757 Reviewing issues with regard to the alleged wrongful destruction of a fence Mtlliken/Code Enforcement Reassignment of fines for violation of the City s prohibitions on bee keeping 11 Notification of ad'aceet property owners for rezoning Currently drafting ordinance amendments for providing notification to property owners within 500 foot radius of a request to rezone