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HomeMy WebLinkAboutPacket 06-04-2002 CE A s City of Gape Canaveral r CITY OF GAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polis Avenue, Cape Canaveral, Florida TUESDAY June 4, 2002 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEW: Chris Flanagan, Beautification Board. Jean Deck, Library Board PRESENTATION: Pat Giumarra, Regional Administrator with the State of FL/ Division of Motor Vehicles, Glass Etching Program. CONSENT AGENDA: 1 . City Council Regular Meeting Minutes of May 21 , 2002. 2_ Resolution No. 2002-18; Appointing a Regular Member to the Community Appearance Board. (P. Hurley) 3. Resolution No. 2002-19; Appointing an Alternate Member to the Business and Cultural Board. (P. Hurley) 4. Proclamation for National Small Cities Day. ORDINANCE: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 10-2002; Amending Code Sections; 26-3 and 26-4, Relating to the Qualifying of Candidates; Providing for the Time of Qualification for Municipal Elections. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32.920-0326 Telephone (321) 868-1220 FAX(321) 799-3170 - www.fcn.state.fl.us/cape e-mail:. ccapecanaveral@cfl.rr.com 'Ir City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2002 Page 2 DISCUSSION: 6. City Code Section 94-76, Temporary On-Premises Signs. 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,Florida Statutes,.the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting_ ooaraapp Page 1 of 2 City Council { City Hall E Home Page RECEIVED City of Cape Canaveral City Board Application MAIL Please Print and Fax to Our Office at (3 21) 799 3174 ¢ �' ° LL— Applicant L Applicant Name (! K15 1~ 1-PwAeAN Home Telephone g+ 4005 Home Address ?501 R10kiNow AJ6 "P, We CANAV69AIL FL Business Office Address Brief Descnption of Education and Expenence Business Telephone .- X11" 544+00L G kDU AT6 W SOME WLLE&6 * sK 6040rrs MMALIST AT VJ R &KAU t Co. CAMOW&6. KASS kP. oU YOM k6fdg-D AN;01 Are you a registered voter9 Yes �_ No Have you been a resident of the City for 12 months or longer? Yes No y� gi�05 Do you currently hold a public office`' Yes No V� Are you presently employed by the City`s Yes No 1_ At the present time do you serve on a City Board? Yes No V/ At the present time do any of the following relatives of your serve on the City Council father mother son daughter brother sister uncle aunt first cousin nephew niece husband wife grandparent grandchild father in law mother in law son in law daughter in law brother in law sister in law stepfather stepmother stepson stepdaughter stepbrother stepsister half brother or half sister? Yes No V_ At the present time do any of the following relatives of yours serve on any other City board commission or spectral district spouse parent child grandparent or sibling of the whole or half blood? Yes No ✓ Please specify on which City Board you are interested in serving (Indicate Preference 1st 2nd 3rd etc ) Board of Bu c it i http Ilfcn state fl us/cape/boardapp html 01/08/2002 boardapp LIT Beautification C d E F rcement * Library Adjustment* Comm ty App Planning & Zoning Dei lopmeni C Vu t B d f Adjustment &. -%pp is Recreation Page 2 of 2 *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board and prior to July 15th of each year following the initial appointment while stall a member of said Board Please list what you feel are your qualifications to serve as a member on one of the City s Boards rg.*ffK-ry ouIPJ69. 5 �. �oMMU1JiTY PRIDE �RESIDENF'i SIAfC6 -TV WEoit»I -f au1 ER, 0 -'NKC-9 TtJV6VrMdN-r PROMM6.6 Would you consider serving on another City Board other than the one(s) you have selected on the front of this form I Yep No V Applicants Signature 0"Date PLEASE NOTE • Initial appointment to any City Board is subject to City Council approval following a bnef interview before the City Council at a regularly scheduled meeting • Your application will remain effective for one year from the date of completion • If you should have any questions regarding the completion of this application please contact the City Clerks Office at 868 1221 http //fcn state fl us/cape/boardapp html 01/08/2002 bo4rdapp City Council I City Hall I Home Page City of Cape Canaveral City Board Application Page I of 2 R -Le-, wa dela 7 -- Please Print and Fax to Our Office at (321) 799 3170 Applicant Name ��t / �)� r Home Telephone , 3-2 J `/ % / y c r� Home Address �- y `14/ n �r �< <Q / H��. Business / ' Business Telephone k7 Office Address ti Brief Description of Education and Experience S fti /7 r9 fJ� �,r! XS 5 ��r i7./J i Are you a registered voter9 Yes , No Have you been a resident of the City for 12 months or longer? Yes `- No Do you currently hold a public office? Yes No L, - Are you presently employed by the City9 Yes No At the present time do you serve on a City Board9 Yes No S At the present time do any of the following relatives of your serve on the City Council father mother son daughter brother sister uncle aunt first cousin nephew niece husband wife grandparent grandchild father in law mother in law son in law daughter in law brother in law sister in law stepfather stepmother stepson stepdaughter stepbrother stepsister half brother or half sister? Yes No At the present time do any of the following relatives of yours serve on any other City board commission or special district spouse parent child grandparent or sibling of the whole or half blood? Yes No t, http //www myflonda com/cape/boardapp html 4/12102 boardapp Page 2 of 2 Please specify on which City Board you are interested in serving (Indicate Preference lst 2nd 3rd etc ) Beautification /C d E f m t* (J Library Board of Adjustrnent* C mm ty App Planning & Zoning B s &C It ral D I pme t C nst t B d FAda im I& App I Recreation *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board Please list what you feel are your qualifications to serve as a member on one of the City s Boards It , // c Irl �h i u lr rt�t *� 3< <' ` i 5 7 -7 /i/c 17���tr r Would you consider serving on another City Board other than the one(s) you have selected on the front of this form Yes No ( �' ! Applicant s Signature r��—� — Date 'a PLEASE NOTE V • Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting . Your application will remain effective for one year from the date of completion . If you should have any questions regarding the completion of this application please contact the City Clerk s Office at 868 1221 http //www myflonda com/cape/boardapp html 4112102 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Cape Canaveral Flonda TUESDAY May 21 2002 700 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 Andrea Bowers City Treasurer Ed Gardulski Public Works Director PRESENTATION Government Finance Officer's Association Award to the City Treasurer Mr Boucher presented the Government Finance Officers Association Award to Andrea Bowers City Treasurer in the form of a Certificate of Achievement for excellence in financial reporting Mr Boucher expressed pride on the City s behalf for continued merit in this area Ms Bowers highly commended her department for their work in achieving this honor Proclamation for Chamber of Commerce Week Mayor Randels read the proclamation for Chamber of Commerce Week in its entirety and presented it to Ms Kymbedy Van Konijnenburg Ms Van KonUnenburg thanked the City and encouraged continued partnerships with the local small businesses City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 2 BOARD INTERVIEW Recommended Applicant for the Community Appearance Board — Paul Hurley Attorney McQuagge asked Mr Hurley if he had a preference since he had also interviewed with the Business and Cultural Development Board Mr Hurley expressed that he had no preference of Boards Attorney McQuagge asked Mr Hurley for background information on the experience that he could provide to the Community Appearance Board Mr Hurley expressed that he loved the area and with his retirement he planned to give time to the community He desires to see the City continue to grow and remain as attractive as it is now He responded to Attorney McQuagge that he did not have a problem sitting in judgment on community standards issues Mr Hurley also replied that he has had to make difficult decisions in the course of his work Council members individually expressed their gratitude for his interest Mr Hurley replied to Mr Treverton s question in that he has had past interaction with high ranking government officials on his visit to Washington D C Mr Hurley replied to Mayor Pro Tem Petsos that he has previously mentored and worked with at risk children which was his purpose for going to Washington D C Mayor Randels commented on Mr Hurley s notable works as well as how he applied his experience Mayor Randels informed Mr Hurley that resolutions to appoint him to both of the Boards would be on the next City Council agenda Mayor Randels recognized Representative Bob Allen of House of Representatives District 32 who presented the re districting map that identified his newly designated districts Representative Allen gained the Orlando Airport area and more of southeast Orange County at the loss of a portion of St Lucie County He stated that the Supreme Court has approved the district and there are two additional steps in the Federal Court process Representative Allen noted that the City is now teamed with the City of Orlando Orange County This would encourage support from the twelve members of the Orange County Delegation He considered this a great asset to the City in that all the other House seats are within the County of Brevard Representative Allen requested to work with the Council to develop a strategy He stated his philosophy on funding as not to tax and spend and he also stated that once the boundary is set in the State budget he felt it his obligation to pursue funding for projects Representative Allen noted that his background is in economical development as well as working with local government Representative Allen reported that his committee assignments are to preside on the Appropriations for Transportation and Town Development Committee and the Main Appropriations Committee that oversees insurance and other issues He reported briefly on the largest bill passed the Citizens Plan on Insurance in which the legislature redefined the windstorm and point underwriter programs for insurance for homeowners on the coast Previously windstorm was subject to Federal tax with a substantial anticipated increase each year This action initiated a Federal tax exempt program in the State that saved $86 million tax payments This money would in turn be invested City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 3 back into the system Representative Allen explained that due to Florida s narrow width all state residents should share the cost of the windstorm risk He concluded by saying that he has District offices in Merritt Island and the Orlando Airport Mayor Pro Tem Petsos suggested that Representative Allen receive a copy of the City s Goals and Objectives meeting Mr Treverton suggested that he also receive the City s Metropolitan Planning Organization priorities Mr Weber questioned when the redistricting would take place Representative Allen stated all should conclude within 60 days Representative Allen reminded that health insurance issues are crossing all factions however tackling one system is beneficial Mayor Randels requested a copy of the re districting map Representative Allen replied that the Senate House and Congressional district maps would be forwarded to the City CONSENT AGENDA Mayor Randels asked if any Council Member staff or interested party desired to remove an item from the Consent Agenda for discussion City Council Regular Meeting Minutes of May 7 2002 2 Resolution No 2002 17, Re appointing a Regular Member to the Business and Cultural Development Board (Berhe Edwards) 3 Amendments to the 2001/2002 Budget and City Treasurer's Quarterly Report 4 Banana River Blvd, Sanitary Sewer Force Main Replacement in the amount of $32 710 to Prime Construction Group Inc Mayor Pro Tem Petsos requested to remove Item No 3 for discussion A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to Approve Consent Agenda Items No 1 2 and 4 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 Consent Agenda Items Removed for Discussion 3 Amendments to the 200112002 Budget and City Treasurer's Quarterly Report Mayor Pro Tem Petsos expressed support of the laptop computer purchases for Commander McGee and Lieutenant Young however he would like to see the Port pay their shared portion of the cost Mayor Pro Tem Petsos also expressed that approximately $101 000 in interest is being lost and expressed that the monies left with City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 4 the State Board of Administration are receiving a low rate of return at 1 95 percent Ms Bowers replied that Bonds are being considered He called for action taken on this matter before another quarter passes Mayor Randels questioned why an All Terrain Vehicle (ATV) for the Sheriffs Office was not considered during the normal budget cycle Mr Boucher responded that the AN has been in disrepair and there is a need for it with the impending summer season Mayor Randels and Mayor Pro Tem Petsos both requested to know how often the vehicle is used Mr Morgan asked if the last ATV was purchased through the Sheriffs budget or through City funds Mr Boucher replied that the vehicle is used fairly often and that the City pays for capital equipment Mr Morgan clarified that the City supplies the funding in their contract He asked if there were any use in other communities in order to share that cost Mr Boucher replied that he would need to confer with Commander McGee on any possibility of mutual aid between the communities A motion was made by Mr Morgan and seconded by Mr Weber to Approve Consent Agenda Item No 3 contingent upon the Port Authority paying their shared portion of the costs for the laptop computers 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 Heanng 5 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 read Ordinance No 02 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 246 CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R 2 RESIDENTIAL TO M 1 INDUSTRIAL ON 4 601 ACRES AND R 2 RESIDENTIAL TO C 1 COMMERCIAL ON 5 375 ACRES AS DESCRIBED IN EXHIBIT A PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE Attorney Jack Kirschenbaum introduced himself as the representative of the applicant He acknowledged Mr Randy May who represents Mr Hermansen as trustee on the property Attorney Kirschenbaum provided background on the request He stated that the ordinance had been postponed several times and expressed that as of now under the City s Comprehensive Plan the front parcel is C 1 and the rear parcel is M 1 on future land plan Attorney Kirschenbaum stated that the requesting parties thought that the re zoning would be concurrent with the Comprehensive Plan However the Department of Community Affairs has approved the C 1 zoning on the front parcel and M 1 on the rear parcel and the City could not go against its Future Land Use Plan At City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 5 this time the requesting applicant is now asking for residential zoning to remain on the previously requested M 1 parcel Attorney Kirschenbaum stated that the applicant would like to leave the rear parcel as R 2 zoning Mayor Pro Tem Petsos asked for clarification on a letter that requested to have the entire parcel zoned as C 1 Mr Weber inquired if Attorney Kirschenbaum s proposal would require another Comprehensive Plan Amendment to return to C 1 zoning Attorney McQuagge explained that Attorney Kirschenbaum s withdraw of the modification to the rear parcel and his request for the C 1 zoning front parcel are within what is approved on the City s Future Land Use Map Mr Treverton asked if the request would pose a problem Mr Todd Peetz City Planner stated that the only requirement for a small scale plan amendment is a twelve month separation period between changes The applicant cannot submit another small scale plan amendment within the twelve month adoption period Mayor Randels inquired if what was proposed in the advertisement would be questioned Mr Peetz explained that the notices allow the Council to listen to arguments for or against the request Mr Peetz stated that the twelve month period only affects this parcel however other Comprehensive Plan amendments could still be done Attorney McQuagge responded to Mr Treverton s question on the ordinance in discussion and stated that from a standpoint of public notice he would prefer an ordinance that correctly reflects the applicants intention Attorney McQuagge stated that minimal re drafting of the ordinance is required to specifically indicate the withdrawal request on the rear parcel and a request for C 1 zoning on the front parcel This would require returning to the Council for another reading Attorney Kirschenbaum asked if the Council and City Attorney preferred a written request to withdraw the M 1 zoning request on the rear parcel to which Attorney McQuagge agreed Mayor Randels clarified that deleting the portion of the ordinance that reads R 2 (Residential) to M 1 (Industial) on 4 601 acres Mr Boucher stated that due proper public notice would require a reading at the June 18th meeting For clarification of the record Attorney McQuagge stated the prudence of having the first reading on the June 18th meeting to accurately reflect the applicants request Mayor Randels concluded that at the applicants request for a change in Ordinance No 02 2002 as originally read he is amenable to tabling this matter until the June 18th meeting A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to table Ordinance No 02 2002 until the City Council meeting on June 18th 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 6 Motion to Adopt Ordinance No 09 2002 Amending Code Section, 110 137 Procedures for Amendments and Rezoning Mayor Randels read Ordinance No 09 2002 by title City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 6 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 A motion was made by Mr Morgan and seconded by Mr Treverton to adopt Ordinance No 09 2002 at second reading There was no discussion on the ordinance 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 Mr Jim Tuggle General Manager of Waste Management expressed that the company is evolving to become more proactive in its service New program implementation training and safety are its focus and the company is taking a competitive stance in the waste management industry He stated that a new program called Service Machine is being implemented in which drivers customer service and management are striving to attend to customer needs This attention begins with the drivers who would identify problems and resolve them before customers call Mayor Randels commented that the company has decreased staff size and pointed out staffing changes Mr Tuggle reported that the company is moving toward full time employees in opposition from using day labor Mr Tuggle stated that the long as well as short term goals are two drivers in every truck He explained that this would decrease the need for temporary labor Mr Tuggle informed that the company s driver trainer is also a third parry tester with the State in order to help staff obtain the Commercial Driver s Licenses Mr Weber spoke favorably of the company and toward their work in the community Boucher reported that a future rate increase is eminent ORDINANCE First Public Hearing 7 Motion to Adopt Ordinance No 102002 Amending Code Sections, 26 2,26 3 and 26-4 Relating to the Qualifying of Candidates Providing for the Time of Qualification for Municipal Elections for second reading Mayor Randels read Ordinance No 10 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA RELATING TO QUALIFYING TO RUN FOR MAYOR AND CITY COUNCIL AMENDING SECTIONS 26 2 26 3 AND 26-4 RELATING TO THE QUALIFYING OF CANDIDATES FOR OFFICE OF MAYOR AND CITY COUNCIL AND WRITE IN CANDIDATES PROVIDING FOR THE TIME OF QUALIFICATION FOR MUNICIPAL ELECTIONS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE Attorney McQuagge clarified that only Sections 26 3 and 26-4 would be amended A motion was made by Mr Weber and seconded by Mr Treverton to approve the ordinance for second reading deleting Section 26 2 Mayor Randels summarized that City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 7 Section 46 of the Elections Reform Act of 2001 changed the date of the First Primary Election to the second Tuesday in September and eliminates the Second Primary for the Year 2002 for testing purposes In order to meet the new schedule the City would need to change its qualifying date Mr Treverton inquired if this amendment would remain Mayor Randels stated that this amendment would remain and our qualifying would begin earlier by changing the time period to the 63`d and the 74h date prior to the General Election Mr Nicholas inquired about length of time Mayor Randels replied that the qualifying period would encompass a two week period Mayor Pro Tem Petsos requested that the City Clerk notify the incumbents of the new qualifying time period dates 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 DISCUSSION 8 Report on the Status of Sewage Lift Station No 4 Project, Santa Cruz Construction Mr Ed Gardulski Public Works Director reported that construction has been progressing and is on target with the revised schedule The project is past the critical point and the pump and de water mechanisms will be removed afterwards Mr Gardulski replied to Mayor Pro Tern Petsos and citizens are being kept informed and they are taking decibel readings Mayor Randels stated that he noticed the sound barrier placed around the project Mr Dacks Rodriguez replied that preventatives are being taken to alleviate concerns Mr Gardulski stated that there would not be a need for de watering and restated that the protect is on schedule for the projected deadline of ,tune 17th 9 Stormwater -- Demonstration Project Mr Morgan suggested to select an area for a prototype from the curb to the sidewalk an approximate area of 8 feet plus using a depressed area as a prototype for the first run of water Mr Morgan stated that on most property the first inch or two of water floods into the streets where all the impurities flush into the storm drains and proceed to the outfalls Mayor Randels inquired on how to divert the water horizontally Mr Morgan stated that some driveway would depend on steepness and how they slope He stated further that most driveways crown in the center with some runoff Mr Morgan stated that with the Ridgewood area right -of way in discussion much water could be cleaned Mr Treverton queried if perhaps others had tried Mr Morgan s concept Mr Morgan commented on the kind of percolation in the natural sod on the beach and said that the type of sod conditions do not hold water long and therefore percolates He stated that during a flooding rain a certain amount of water is held but we might eventually run out of water however if water could be cleaned up it would be beneficial some years in the future Mr Treverton stated that new construction mandates water retention Council members clarified that a certain percentage of water retention is required Mr Morgan explained that with an existing driveway a swale is an option Mr Gardulski responded that such a concept is being City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 8 considered for larger developments He said that he is reviewing the plans and he is working on easements in order to move the sidewalks into the City s easement and away from the road right of way that would allow for a green space Mr Nicholas asked if there were any environmental grants available to retain the water in the driveway outskirt Mr Morgan replied that curved pervious cement or a swale was recommended on past paving permit applications Mayor Randels concluded that the City Manager and Public Works Director would contact the St John s Water Management District with this concept REPORTS City Manager • Mr Boucher informed about the peacock issue and reported that there are about 150 in the area however the Brevard zoo does not wish to take the birds • Mr Boucher thanked the City Clerk s office for their assistance with this year s volunteer Board Appreciation dinner • Mr Boucher requested scheduling a workshop meeting on the storm water utility A meeting date and time was set for Tuesday June 18 2002 at 5 00 P M • Mr Boucher commented on the final report of the 18 month AIA Arterial Study and distributed a copy to the Council 2 Staff Mr Gardulski • Mr Gardulski reported on the waterline project on SR 528 The project is behind schedule with an anticipated completion time of July this year Cleaning and pressure testing are forthcoming • Mr Gardulski also reported on the potable water line on W Central and Blvd & Commerce Street Mayor Pro Tem Petsos inquired about no open cuts on roads policy and requested that the installation company adhere to the policy for City streets Mr Gardulski reported that the easements to date granted on Al A have been recorded • Mr Gardulski also reported that Stottler Stagg is working on the landscape design for the City sign • Mr Gardulski stated that the warehouse feasibility study is in progress • Mr Gardulski reported on the possible elimination of the chlorine system next budget year and the implementation of a bleach system • Mr Gardulski also reported about a Class A sludge project that would develop fertilizer for the right of ways and parks as well as reduce equipment fees on sludge This concept would provide 100 percent recycling of wastewater by products City Clerk • Ms Stills thanked those who were able to attend the City Board Appreciation Dinner • Ms Stills thanked Mayor Pro Tem Petsos for his participation in the 3rd Grade Class visit on Friday May 17th • Ms Stills reported that the upgraded imaging system in the City Clerk s office is operational City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 9 City Attorney • Attorney McQuagge related a request from the Community Appearance Board to expand their review criteria to include exterior modifications of commercial establishments on Al A The Board would have a narrow addition to expand their review criteria restricted to a commercial structure on A1A frontage on exterior modifications that have a visual impact at the discretion of the Building Official Mr Weber also suggested including Atlantic Ave and reminded of the group from Naples that had requirements that included paint colors Attorney McQuagge stated that additional information is needed for the Board to use during discussion that would address the business community AUDIENCE TO BE HEARD Mr Leo Nicholas requested clarification on the rezoning request for C 1 on the front of a parcel and M 1 on the rear of that same parcel on North Atlantic Avenue He suggested clarification from the City Planner Mr Boucher explained that the applicant has now committed himself to a twelve month moratorium on the rear parcel Mayor Randels stated that the applicant expressed a desire to change from C 2 to C 1 during the previous meeting Mr Nicholas stated that the Planning and Zoning Board had originally recommended C 2 on the front parcel and M 1 on the rear parcel Mr Nicholas also stated that the Planning and Zoning Board takes the preliminary measures on a rezoning request prior to said request proceeding to the Council Ms McNeely stated that there is a one year time period to make the maps correspond Mr Dave Lackstrom Villages of Seaport President inquired about the procedure on Ordinance No 02 2002 Mayor Randels stated that adjacent property owners would be notified prior to the first and second reading Attorney McQuagge replied that he had the option to attend the meeting with findings of fact Mr Lackstrom also asked for information on reclaimed water and back flow preventors Mr Gardulski would make this information available 3 City Council Mr Morgan • Mr Morgan inquired about an electrical extension on the dais to connect the laptop computers Staff would provide a more easily accessible connection • Mr Morgan encouraged a prototype for the stormwater retention Mr Weber • Mr Weber expressed thanks for the Board dinner and expressed that he would like to see more Board members attend • Mr Weber asked for a copy of the City goals and objectives meeting minutes Mr Treverton No report Mayor Pro Tem Petsos • Mayor Pro Tem Petsos thanked the City Manager for the daily status reports City of Cape Canaveral Florida City Council Regular Meeting May 21 2002 Page 10 Mayor Pro Tem Petsos inquired about the progress on the leak in the Council Chambers Mr Gardulski replied that he planned to gain assistance from the original contractor to repair damage in the wall Council agreed by majority that the repair is a high priority Mayor Pro Tem Petsos reported on the 3'd Grade visit and reminded about the students request for more sidewalks in the City Council members agreed to budget for completion of a direct sidewalk from Cape View to the City Hall area The students also spoke about less pollution and run off into the rivers and ocean and they suggested more volunteer projects and trash pick ups as well as additional trashcans on the beach Mayor Pro Tem Petsos expressed appreciation for Boardwalk dedication Mayor Randels + Mayor Randels inquired about the status of the north entrance sign Mr Boucher replied that RKT s subcontractor would de mucic the area at a contracted cost of $12 000 Stottler Stagg and Associates would follow with the design/ build concept based on the sign that was previously submitted • Mayor Randels also inquired about the status of the south entrance sign Mr Gardulski reported that no headway had been made with the property owner • Mayor Randels inquired about the status of the Washington Park dedication Mr Gardulski reported that the pedestal for the plaque is on order • Mayor Randels reported on the Sheriffs assistance with sexual predators in the area and stated that of the previous thirteen persons seven remain • Mayor Randels reported that the City made national news coverage at the ribbon cutting for the Dedication of the 39th Space Congress • Mayor Randels inquired about the color versions of the City s zoning existing land use and future land use maps Mr Boucher replied that the Brevard County Property Appraisers office would supply electronic versions of these maps for the City web site ADJOURNMENT A motion was made by Mayor Randels and seconded by Mr Weber to adjourn the meeting at 9 25 P M Motion carried unanimously Rocky Randels MAYOR Susan Stills CITY CLERK Meeting Type Regular MeetingDate 06 04 02 AGENDA H ad g Consent II m 2 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 18 APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the adoption of Resolution No 2002 18 appointing Mr Paul Hurley as a regular member of the Community Appearance Board Summary Explanation & Background City Council interviewed Mr Hurley at the 05 21 02 City Council meeting His term will expire on 05 01 05 I recommend approval Exhibits Attached Resolution No 2002 18 City a s Ounce Department LEGISLATIVE locum Wadml I ng12002106-04-0212002 l8 doc RESOLUTION NO 2002 18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL FLORIDA PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council of the City of Cape Canaveral Florida has by Code Section 22 37(a) created a Board known as the Community Appearance Board and WHEREAS It is now Incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular member to said Board NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Paul Hurley Is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral Florida with a term to expire on May 1, 2005 SECTION 2 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 4th Day of June 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 \\Cape ntlatycierk\CityClk\Resolutions\BOARDS\Appointments\Community Appearance doc Meeting Type Regular Meeting Date 06-04 02 AGENDA H ad g Consent i,em 3 N I recommend approval AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 19 APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the adoption of Resolution No 2002 19 appointing Mr Paul Hurley as an alternate member of the Business & Cultural Development Board Summary Explanation & Background The Business & Cultural Development Board interviewed Mr Hurley at their 05 15 02 meeting and recommended his appointment as an alternate member to this board I recommend approval Exhibits Attached B&CDB memo of 05 28 02 Resolution No 2002 19 City Ma>I r Mee Department LEGISLATIVE typo- docu 1a ng12002-06-04-0212002 19 doc RESOLUTION NO 2002 19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL FLORIDA PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council of the City of Cape Canaveral Florida has established by Code Section 22 27 the Business and Cultural Development Board and WHEREAS it Is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second Alternate member to said Board NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Paul Hurley is hereby appointed as a Third Alternate member of the Business & Cultural Development Board of the City of Cape Canaveral Florida with a term to expire on June 1, 2004 SECTION 2 This Resolution shall take effect immediately upon Its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 4th day of June 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 FOR AGAINST \\Cape ntlatyclerklCityClklResolutions\BOARD51AppointmentslBusiness & Cultural Development Alternate doc Memo To HONORABLE MAYOR AND MEMBERS OF CITY CUNCIL Froom BUSINESS & CULTURAL DEVELOPMENT BOARDir c �r c BENNETT C BOUCHER CITY MANAGER 6P oats 5128102 Ree ALTERNATE MEMBER RECOMMENDATION The Business & Cultural Development Board at its May 15 2002 meeting interviewed Mr Paul E Hurley Members unanimously agreed that Mr Hurley would be helpful in the area of business development and a welcome addition to the board Please place our recommendation on the City Council s June 4 2002 agenda Thank you 0 Page 1 boardapp City Council I City Hall I Home Page City of Cape Canaveral City Board Application Pagel of 2 Ch,; ),y C U6 1L V1 (-(,"0" Please Print and Fax to Our Office at (321) 799 3170 Applicant Name ��,47V U L� Home Tele hone 3�� 799-y& �'3PP Home Address 3 �0 �... Business :�Z-,f3/7) _ _ Business Telephone �/C 7- a 7 lt�'-9 y7 Office Address go 20 /%i/�17��(J4,�` J Brief Description of Education and Experience p J�� �IE?5' /iifl.0 r? �►� �%v� i -- /tj�i����4 DV �I+a.V l �4� Gt �7�9�v� f F�� /PXV.) Axe you a registered voter`s Yes t/ No Have you been a resident of the City for 12 months or longer9 Yes No Do you currently hold a public office? Yes No Are you presently employed by the City? Yes No At the present time do you serve on a City Board? Yes No At the present time do any of the following relatives of your serve on the City Council father mother son daughter brother sister uncle aunt first cousin nephew niece husband wife grandparent grandchild father in law mother in law son in law daughter in law brother in law sister in law stepfather stepmother stepson stepdaughter stepbrother stepsister half brother or half sister? Yes No ✓/ At the present time do any of the following relatives of yours serve on any other City board commission or special district spouse parent child grandparent or sibling of the whole or half blood`' Yes No v Please specify on which City Board you are interested in serving {Indicate Preference 1st 2nd 3rd etc ) Board of rB s tress & Cult ral httn Iltvww mvflonda com/cai)efboardapp html 311102 boardapp Beautification Code Fnforceme t * Library Adjustment* 3 r u10 Comm ty Appearan ?/UD Planning & Zoning De elopment C stru t o Board of Ada Sim t & Appeals Recreation Page 2 of 2 *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said BoardCo�C � P Lr T' ?,A— k) � Please list what you feel are your qualifications to serve as a member on one of the City s Boards T,e...* "Ow XcuA k,D s Z5t%G AA14- ,-w, 7 �F COE IVA m 0, AK 11 q r! Y I V 07.Z,4,AO 0 w i -I ,,4-r /Lr �(C l /l�5 ��,7orzA-T4�4Ks Would youconsiderserving on another City Board other than the one(s) you have selected on the front of this form9l'f Yes No AApplicant s Signature Date PLEASE NOTE . Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting . Your application will remain effective for one year from the date of completion . If you should have any questions regarding the completion of this application please contact the City Clerk s Office at 868 1221 httn //wwly mvflorida com/cai)e/boardapp html 311102 WHEREAS small cities under 50 000 population constitute the vast majority of cities across the United States and WHEREAS small cities provide opportunities which allow millions of people across America to lead better lives and WHEREAS small cities build quality communities through thoughtful comprehensive planning and cooperative efforts with neighboring cities which improve the quality of life for all citizens and WHEREAS the federal government is a partner in building quality communities and must be encouraged to continue to sponsor necessary programs and supportive legislation to improve communities and WHEREAS state governments are partners in building quality communities and must be encouraged to continue to sponsor necessary programs and supportive legislation to improve communities and WHEREAS organizations businesses and citizens are partners in building quality communities and must be encouraged to continue to support efforts that make their communities better places in which to live and WHEREAS the Board of Directors and the Small Cities Council of the National League of Cities have declared June 14 2002 as National Small Cities Day and WHEREAS the Small Cities Council of the National League of Cities has challenged all cities towns and villages across America to proclaim June 14 2002 as National Small Cities Day and to conduct activities such as news conferences public service announcements and events in local schools and community centers on that day which highlight the different ways in which the federal government state governments organizations businesses and citizens partner with small cities to build quality communities and better the lives of all citizens NOW THEREFORE the Council of the City of Cape Canaveral does hereby proclaim Friday June 14 2002 as NATIONAL SMALL CITIES DAY Meeting Type Regular Meeting Date 06 04-02 AGENDA Had g Ordinance — 2 d Public Summary Explanation & Background Nearing It m j N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 10 2002 AMENDING SECTIONS 26 2 26 3 AND 26-4 RELATING TO THE QUALIFYING OF CANDIDATES FOR OFFICE DEPT /DIVISION LEGISLATIVE Requested Action City Council consider Ordinance No 10 2002 amending the quahfyt ig periods for the office of mayor and city council and write in candidates Summary Explanation & Background Section 46 of the Florida Election Reform Act of 2001 has created a conflict with the City of Cape Canaveral qualifying periods See attached letter from the Supervisor of Elections Office Therefore this ordinance amends the qualifying periods to be consistent with the above mentioned act I recommend approval Exhibits Attached Ordinance No 10 2002 and supporting documents City a is Office Department LEGISLATIVE ca VMdocu cirimeetatg12002\06-04-02110 2002 doc ORDINANCE NO 10 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA RELATING TO QUALIFYING TO RUN FOR MAYOR AND CITY COUNCIL AMENDING SECTIONS 26 3 AND 26 4 RELATING TO THE QUALIFYING OF CANDIDATES FOR OFFICE OF MAYOR AND CITY COUNCIL AND WRITE IN CANDIDATES PROVIDING FOR THE TIME OF QUALIFICATION FOR MUNICIPAL ELECTIONS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS Cape Canaveral Code Section 26 3 provides that The qualifying period for candidates for the offices of the Mayor and City Council shall be at any time after 12 00 noon of the 63rd day prior to the general election and no later than 12 00 noon on the 491:h day prior to the date of the general election and WHEREAS the Florida Legislation has adopted Chapter 2001-40 Laws of Florida which deletes the second primary election for candidates for state and local office during the 2002 election and WHEREAS the Brevard County Supervisor of Elections has advised that to accommodate the new schedule for the Fall 2002 elections that all qualifying and finalization of the City Council election ballot must be completed by September 6 2002 and WHEREAS the September 6 deadline is sixty days prior to the November 2002 City Council election thereby creating conflicts with the schedules as set forth in Sections 26 3 and 26 4 and WHEREAS the City Council intends to review the qualifying period to be consistent with the schedule implemented by the Supervisor of Elections and WHEREAS, Section 100 3605(2) Florida Statutes (2002) provides 100 3605 Conduct of municipal elections (1) The governing body of a municipality may by ordinance change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes and City of Cape Canaveral Florida Ordinance No 10 2002 Page 2 WHEREAS this language has been interpreted by the Attorney General of Florida as permitting the amendment of the candidate qualifying period provided for in a municipal charter without a referendum by the general electorate (see AGO 2000 61) NOW BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Cape Canaveral Code Section 26 3 is hereby amended to read as follows Sec 26 3 Qualifying Period — Generally The qualifying for candidates for the offices of Mayor and City Council shall be at any time after 12 00 noon of the 63'4 74th day nor to the general election and no later than 12 00 noon of the 49 60 h day prior to the date of the general election (Code 1981 §211 04) SECTION 2 Cape Canaveral Code Section 26-4 is hereby amended to read as follows Sec 26-4 Same Write in Candidates The qualifying period for write in candidates for the offices of the Mayor and City Council shall be at any time after 12 00 noon of the 49"4 63rd day prior to the date of the general election and no later than 12 00 noon of the 4e 60th day prior to the date of the general election (Code 1981 § 211 05) SECTION 3 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 4 Conflicting Provisions Any Ordinance or part of an Ordinance in conflict herewith is repealed SECTION 5 Effective Date This Ordinance shall take effect immediately upon its adoption %%Cape-nt\rdyclerk%CityClklOrdinancesl2000Amend ment to Qualifying Penod doc City of Cape Canaveral Florida Ordinance No 10 2002 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral Florida 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 %%Cape-nttityclerk\CityClk\Ordmances124421Amendment to Qualifying Penod doc -f00 South St7 eet Po,t Office Bot 1119 Tttir,i rile Flot ida -)?-81 1119 Sandi Smith City Clerk City of Cape Canaveral P O Box 326 Cape Canaveral FL 32920 A - Fred D Galey 5uperuuivr of Eter#tuxtz �- Brezfard Coicnty 5° ° FSE o- � Telephone (-)31) 26-r 6--jQ F-,\ (_) 21) 264 6--47 May 16 2001 SUBJECT Legislation Passed This Session Dear Sandi The Legislature this year passed several election items in a single bill Chapter 2001 40 This act is entitled the Florida Election Reform Act of 2001 While it covers a range of items from voting systems to voter registration information and absentee voting there is one section that will cause a conflict for cityltown elections in the year 2002 Section 46 of the Act changes the date of the first primary election to the second Tuesday in September and eliminates the second primary for the year 2002 only -- a test run before they consider eliminating it completely This was done in an effort to allow time to get absentee ballots to overseas and out of state voters in a timelier manner Therefore we will want to mail absentee ballots for the general election as soon as possible after the September 10`h primary election All cities/towns are scheduled to hold elections on November 5 2002 To meet the new schedule 0 candidate qualifying and ballot issues will need to be finalized no later than September 6h which is 60 days prior to the General election This would include any provision for write in qualifying Many cities/towns will require a ballot issue this year in order to change qualifying for next year I request that you bring this matter to the attention of your city/town councils or commissions so action can be taken in time for this year s election If you require further information or have any questions please feel free to contact me Sincerely Fred D Galey Supervisor of Elections ER -0 CH OFFICES lit fg(, F ail 171HIC nu slat l7eja Flo; id _ )40 (_1) ( )> _1_-4 ]-� \ Comtcnal Pa kit 71 lfemttl land F1011da _)>> ()-1) -r�,� 1-400 11» Ifalaba, Ro 7d \E F alm Bai Flo Ida )90- (-)?1) 9-3_ o b f ] 1 �, Saj uo Road Ifelbo7 ie Flo 01 -9--) ( -1) ELECTIONS Sec 26 1 State election code adopted The state election code F S chs 97-106 is adopted as the procedure for conducting munxc ipal elections within the city The duties authority and responsibility of state and county officers board and bodies set forth in the state election code shall apply to the corresponding municipal entities in the conduct of murucipal elections (Code 1981 § 211 01) Sec 2&2 Penalties for violations All penalties for violations as provided in the state election code adopted m this chapter are spe- cifically adopted as the penalties for violations of such code as they pertain to municipal elections conducted within the city (Code 1981 § 211 02) See 26 3 Qualifying period—Generally The qualifying period for candidates for the of fices of the mayor and city council shall be at any time after 12 00 noon of the 63rd day prior to the general election and no later than 12 00 noon of �— the 49th flay prior to the date of the general elec tion (Code 1981 § 21104) Sec 26.4 Same—Write-in candidates The qualifying period for write in candidates for the offices of the mayor and city council shall be at any time after 12 00 noon of the 49th day prior to the date of the general election and no later than 12 00 noon of the 46th day prior to the date of the general election (Code 1981 § 211 05) CD26 3 4 26-4 Ch 2001 40 LAWS OF FLORIDA Ch 2001 40 which the contestant relies or stating that the defendant has no knowledge or information concerning the allegations which shall be deemed a denial of the allegations and must state any other defenses in law or fact on which the defendant relies If an answer is not filed within the time prescribed the defendant may not be granted a hearing in court to assert any claim or objection that is required by this subsection to be stated in an answer (7) Any candidate qualified elector or taxpayer presenting such a con test to a circuit fudge is entitled to an immediate hearing However the court in its discretion may limit the time to be consumed in taking testi mony with a view therein to the circumstances of the matter and to the proximity of any succeeding pr -i aFy or Athe election Section 45 Subsections (1) and (2) of section 99 063 Florida Statutes are amended to read 99 063 Candidates for Governor and Lieutenant Governor — (1) No later than 5 p m of the 9th 641 day following the second primary election each candidate for Governor shall designate a Lieutenant Governor as a running mate Such designation must be made in writing to the Depart ment of State (2) No later than 5 p m of the 9th 6t -h day following the second primary election each designated candidate for Lieutenant Governor shall file with the Department of State (a) The candidates oath required by s 99 021 which must contain the name of the candidate as it is to appear on the ballot the office sought and the signature of the candidate duly acknowledged (b) The loyalty oath required by s 876 05 signed by the candidate and duly acknowledged (c) If the office sought is partisan the written statement of political party affiliation required by s 99 021 (1) (b) (d) The full and public disclosure of financial interests pursuant to s 8 Art II of the State Constitution Section 46 1 Notwithstanding s 100 061 Florida Statutes for the year 2002, a primary election for nomination of candidates of political par ties shall be held on the second Tuesday in September The candidate receiv ing the highest number of the votes cast in each contest in the prima election shall be declared nominated for such office If two or more persons receive an equal and highest number of votes for the same office such persons shall draw lots to determine who shall receive the nomination 38 CODING Words 5tRekers are deletions words underlined are additions Ch 2001 40 LAWS OF FLORIDA Ch 2001 40 (2) Notwithstanding s 100 091 Florida Statutes, or any other provision the Florida Election Code to the contrary, there shall be no second pri 3 a No later than 5 p m of the 9th day following the primary election in 2002, each candidate for Governor shall designate a Lieutenant_ Governor as a running mate Such designation must be made in writing to the Depart ment of State b No later than the time specified in paragraph a each designated candidate for Lieutenant Governor shall file with the Department of State the qualifying papers specified in s 99 063, Florida Statutes reports pursuant to s 106 07 Florida Statutes, shall be filed on the 32nd 18th, and 4th days immediately preceding the primary election and on the 46th, 32nd, 18th, and 4th days immediately preceding the general election (b) Following the last day of qualifying for office, any statewide candidate who has requested to receive contributions from the Election Campaign Financing Trust Fund or any statewide candidate in a race with a candidate who has requested to receive contributions from the trust fund shall file reports on the 4th, 11th, 18th 25th 32nd, 39th, 46th, and 53rd days prior to the general election (5) For the 2002 elections there shall be two elections for purposes of the contribution limits in s 106 08, Florida Statutes Section 47 Section 97 0555 Florida Statutes is created to read 97 0555 Late registration —An individual or accompanying family mem ber who has been discharged or separated from the uniformed services Merchant Marine, or from employment outside the territorial limits of the United States, after the book closing for an election pursuant to s 97 055 who is otherwise qualified may register to vote in such election until 5 p m on the Friday before that election Such persons must produce sufficient mentation that is sufficient to determine eli ibilit Section 48 Section 1016951 Florida Statutes is created to read 101 6951 State write in ballot — (1) An overseas voter may request not earlier than 180 days before a general election, a state write in absentee ballot from the supervisor of elections In the county of registration In order to receive a state write in ballot. the voter shall state that due to military or other contingencies that The Department of State shall prescribe by rule the form of the state write in ballot 39 CODING Words. are deletions words underlined are additions Meeting Type Regular Meeting Date 06 04 02 AGENDA H adDg Discussion It m 6 N City Ma e s Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION CODE SECTON 94 76 TEMPORARY ON PREMISES SIGNS DEPT /DIVISION LEGISLATIVE Requested Action Mayor Randels requested this discussion item to allow for special event on premises signs Summary Explanation & Background See attached correspondence from Mayor Randels Exhibits Attached Correspondence City Ma e s Office Department LEGISLATIVE capeat ydocu is mpU002T6-04-02194 76 doc <D C) - leu CITY OF CAPE CANAVERAL COUNCILMEMBER/CITY MANAGER REQUEST/CONIPLAINT FORM REQUEST/ DATE RECEIVED y� 9Z RECEIVED FROM REQCEST few • PAT Z t 1G KL R- 1--F ON 0 vj i Tib 41 F!,e REFERRLD 10 DATE _ ■ . ■ ■ ■ ... ■ ■ . ■ R ■ . ■ ■ ■ . ■ ■ ■ ■ 1 ■ ■ .. ■ 1 DLPARTMENTAL ACTION TAKEN BY CityMgr .. .. 0000 ... .. . . .. ... .. . .. . . .. .. . . CITI MANAGER S COMMENTS RETURNED TO REOT TESTOR/COMPLAINANT ON BY Benne[[ C Boucher City Mana;e . ■ 0 1 0 . 0 .. 1 . ■ ■ ■ ■ ■ 0 ■ ■ DIVISION 2 Page 1 of 1 DIVISION 2 TYPES OF SIGNS Section 94 76 Temporary on premises signs (a) A temporary Sign may be erected 30 days prior to the opening of a new business and not to exceed 30 days after the opening date Construction signs for starting the project may be erected after a building permit has been issued and the construction Sign shall be removed prior to the issuance of a certificate of occupancy or stoppage or abandonment of construction of at least three months (b) Real estate signs may be erected without a permit subject to the following (1) On R 1 and R 2 zoned property one real estate Sign not to exceed six square feet in size and not to exceed four feet in height Such Sign shall be confined to the sale site and shall not be placed in any right of way or visibility triangle (2) On R 3 C 1 C 2 and M 1 zoned property one real estate Sign as shown in the district restrictions matrix (table 94 96 1) Such Sign shall not be placed in any right of way or visibility triangle and (3) Real estate signs shall be removed immediately upon sale of the property (c) A temporary on premises banner may be erected after application to and permit issued by the building official for a period not to exceed 30 days On premise banner signs are to promote a matter of significant local regional or national interest as defined in section 94 1 http //www myflonda comlcape/CapeCanaveral[Code/94 76 htm 05/28/2002 CITY OF CAPE CANAVERAL COU'\CILMEMBER/CITY MANAGLR REOUESTICONIPLAPNT FORM REQUEST L DATE RECEIVED �7— I Q. - RECEIVED FROM w % IV\vw ---Z-bvv -94 0 W- 1 m REFERRED 1 O �� 9 C -,-5'�i- ",SATE ,/ /� �. BY tlyy Mgr ■■■■ ■■■■ ■■•a■■■aa■■■■■ ■ ■■■ ■■■ ■ ■ ■■a■■■■ ■■a ■■■■ QQT CIT'i MANAGER S COMMENTS RETURNED TO LESTOR/COMPLAINANT ON BY B nne o� er City Manage 14A FLORIDA TODAY Saturday April 20 2002 Plan your day For FLORIDA TODAY Cars similar to those above will be on display today at The An tique Automobile Club of Cape Canaveral s antique auto show at F Burton Smith Park Auto club hosts antique car show The Antique Automobile Club of Cape Canaveral hosts the antique auto show from 10 a m to 4 p m today at F Burton Smith Park State Road 520 three miles west of Interstate 95 west of Cocoa Vehicle classes include 1919 and older open and closed street rod corvettes trucks special interest and more Ad mission is free Call (321) 631 5410 Section 94 81 Section 94 81 Temporary off premises signs Page 1 of 2 (a) There shall be a limit of one Sian per business or activity erecting a temporary off premises Sign (b) Temporary off premises signs may be erected only by the following (1) A housing project or subdivision within the city consisting of ten or more residential units (2) Any new business opening within the city or (3) A charitable educational or religious institution as defined in section 70 66 conducting a special event (c) Any such Sign is limited in size to 50 square feet per face and may be double faced It shall be constructed of sturdy materials as approved by the building official There shall be no illumination of any sort provided specifically for the Sign (d) The signs may be erected 30 days prior to the opening of a new business or construction of a new housing project and shall be removed no later than 30 days after the opening or after housing construction has stopped Stoppage of construction shall be defined as the issuance of a certificate of occupancy (final or temporary) or the construction has been abandoned (ceased) for a period of three months (e) In the case of a public interest Sign a Sign may be erected no more than once per year and must be removed no later than five days after the special event has concluded A public interest Sign however may not be erected for more than a total of 30 days (f) Signs restrictions along the following corridors are as follows Location and Placement for Temporary signs Street Minimum Setback from Right of Way Maximum Height Astronaut Boulevard(SR A 150 feet 15 feet Old State Road 401 =110 feet JF8 feet Ridgewood Avenue 10 feet 18 feet These restrictions affect properties adjacent to these streets with the exception of any R 1 zoning districts (g) The written consent of the property Owner must accompany each application for Sign permit The agent for the Owner will verify in writing the authority to execute a consent form http llwww myflorida com/cape/CapeCanaveralCode/94 81 him 05/28/2002 Section 94 81 Page 2 of 2 (h) A construction Sign (two only) may be erected one by the primary contractor of a project and one to Include all sub contractors of a project after the Issuance of a building permit as required in table 94 96 1 (1) Construction signs shall be confined to the site of construction and shall not be placed in any right of way or visibility triangle (2) All construction signs shall be removed prior to the issuance of a certificate of occupancy or completion (3) All construction signs shall contain contractors licensing information http //www myflorida com/cape/CapeCanaveralCode/94 81 htm 05/28/2002 Chapters 91 93 RESERVED Page 1 of 1 Public interest sign means a temporary sign used to advertise a charitable educational or religious special evert http //www myflorida comlcape/CapeCanaveralCode194 I btm 05/28/2002 Section 94 6 Section 94 6 Prohibited signs and features Page 1 of 2 (a) Signs on utility poles and trees Signs regardless of whether exempt from permit requirements including political signs are prohibited on public utility poles or trees (b) Obstruction of free ingress or egress No Sign shall be erected relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape other than warning signs No Sign of any kind shall be attached to a standpipe or fire escape (c) Signs on right of way Signs except for those which are property of the state city or county shall not be erected posted painted tacked nailed or otherwise place or located on or above any road right of way (d) Animatedlflashing signs Animated or flashing signs are hereby prohibited (e) Portable sus Any Sign excluding vehicular signs which is mobile or is not securely and permanently attached to the ground or a building is prohibited (f) Signs on vehicles Any vehicle or trailer with a Sign or signs attached thereto placed or painted thereon visible from any public right of way shall be prohibited subject to the following exceptions (1) Any vehicle or trailer which is actively engaged in making deliveries pick ups or otherwise actively in use and Sian face does not protrude in excess of an inch from the vehicle Such vehicle or trailer when not in use shall be parked so as not to be visible from any public right of way or (2) Where no alternate location for parking that is not visible from the public right of way is reasonably available such alternate location shall be as inconspicuous from the public right of way as possible (g) Off premise signs It is the expressed legislative intent of the city council that there shall be a prohibition without any exceptions against the use of any portion of a street sidewalk alley right of way or public thoroughfare for the display of merchandise for sale or the location of portable or movable signs or stands to advertise or draw attention to the business or any person or the parking of vehicles or other types of contrivances which are in and of themselves unique and unusual and are parked for the purpose of attracting attention to the person s place of business or the parking of vehicles or other types of contrivances to which there is attached a Sign advertising the business or produce sold by the business or any person or designed to attract attention thereto However the prohibition against the use of the streets for the parking of vehicles is not intended to prohibit the bona fide parking of any vehicle used primarily by the Owner thereof for the purpose of transportation notwithstanding that such vehicle may have painted upon the exterior surface the Owners name or address or business slogan or trademark or other emblem which identifies the vehicles Owner or business in a manner consistent with that customarily found on commercial vehicles or vehicles used for http //www myflorida com/cape/CapeCanaveralCode/94 6 htm 05/28/2002 Section 94 6 commercial purposes Page 2 of 2 (h) Off premise signs Any Sian not related in its subject matter to the premises on which it is located is prohibited unless otherwise specified in the Code (i) Exposed electrical discharge lighting (neon or fluorescent) Exposed electrical discharge lighting (neon or fluorescent) is strictly prohibited for use in any type of Sign located within the City - 0) Accent lighting Accent lighting on the exterior of any building is strictly prohibited within the City (k) Building art Building art is strictly prohibited on the exterior of any building within the City (1) Window signs Window signs that do not comply with sec 94 4 (m) Ground signs Ground signs with exposed metal poles when less than eight feet in height (n) Air inflated devices (o) Marquee signs (p) Roof signs (g) Projecting signs (r) Temporary_ sus unless specifically mentioned in this Code (s) Flags and pennants that are not governmental in origin (t) Signs that emit an audible sound odor or visible matter such as smoke or steam (u) Signs that are made with or printed on any vegetation curbstone flagstone pavement or any portion of the sidewalk or street except house numbers and traffic control signs http Hwww myflonda com/cape/CapeCanaveralCode/94 6 htm 05/28/2002