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HomeMy WebLinkAboutPacket 11-18-2003City of Cape Canaveral CITI OF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 18, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: OLD BUSINESS: CONSENT AGENDA: City Council Regular Meeting Minutes of October 21, 2003. 2. City Council Special Meeting Minutes of November 6, 2003; Certifying the Election Results of the November 4, 2003. 3. City Council Special Meeting Minutes of November 6, 2003; Consideration of the Renewal for Group Medical, Dental and Life Insurance. ORDINANCES: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 27-2003; Vested Rights. 5. Motion to Adopt: Ordinance No. 39-2003; Amending Section 22-46, Providing for Appeal to the City Council of a Community Appearance Board Decision. 6. Motion to Adopt: Ordinance No. 40-2003; Adopting Amendments to the Annual General fund, Sewer Enterprise Fund, Special Revenue Funds 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting November 18, 2003 Page 2 and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2003. PRESENTATION: Buzz Petsos OATH OF OFFICE: Rocky Randels, Mayor and Stephen Miller, City Council Member NEW BUSINESS: RESOLUTIONS: Motion to Adopt: Resolution No. 2003-43; Final Re -Plat of Gabriel -by -the - Sea; James D. Houston and Joy Morgan Gabriel, Applicants. 2. Motion to Adopt: Resolution No. 2003-44; Appointing a Mayor Pro Tem. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: 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. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 2003 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski PRESENTATIONS: Mayor Randels presented a plaque to the City Manager from Ms. Collette Cannon. Ms. Cannon commended the City on its prudent management and efficient staff. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 7, 2003. 2. Resolution No. 2003-40; Reappointing Regular Members to the Beautification Board. (L. Nicholas, M.J. Laws, M. Carroll and P. Collins) Mr. Treverton called for a point of order on Item 2. Mr. Morgan requested to remove Item No. 2 for discussion. 3. Resolution No. 2003-41; Reappointing One Alternate Member to the Board of Adjustment. (P. Collins) City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 2 4. Canceling the Tuesday, November 4t" City Council Meeting Due to the General Election and Scheduling a Special Meeting to Certify the Election Results on November 6, 2003. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Items No. 1, 3 and 4 on the Consent Agenda. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ITEM REMOVED FROM CONSENT AGENDA FOR DISCUSSION: Mayor Randels noted that two responses were not received for reappointment to the Beautification Board. Ms. Stills responded that Ms. Laws' response for reappointment was received that day. Ms. Stills asked Marianne Huston, Board secretary if Ms. Carroll desired reappointment. Ms. Huston requested to reappointment Ms. Carroll. Discussion followed on whether to proceed with her reappointment. Mr. Nicholas pointed out that the terms needed staggering since four Board members were being re -appointed at one time. He requested a shorter term and suggested that Ms. Carroll be appointed to a shorter term as well since she had not replied to her reappointment notice. Mr. Nicholas said that the other two members, Mary Jo Laws and Paula Collins could take the three- year terms. A motion was made by Mr. Treverton and seconded by Mr. Hoog to re -appoint Leo Nicholas and Martha Carroll for two years and Mary Jo Laws and Paula Collins for three years to the Beautification Board. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. The City Attorney arrived at this time. Mayor Randels informed him of the Council's decision to stagger the Board member's terms in order not to have a large number of terms expiring at one time. Attorney Garganese stated that the Council's decision appeared consistent with the intent of the Uniform Board Ordinance. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 34-2003; Amending Code Section 110-469; Providing for Visibility at Intersections. Mayor Randels read Ordinance No. 34-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 110-469; PROVIDING FOR VISIBILITY AT INTERSECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE, SEVERABILITY; AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 3 Mayor Randels outlined the three intended changes as: 1) trees shall not be planted within site visible triangles, any tree existing within the area shall be allowed to remain provided the same is trimmed and maintained such that no part of the tree canopy is lower than 10 - feet measured from the point located on the street right-of-way, 2) fencing shall not be erected or placed within the site visibility triangle. Any chain link, wire or split rail fencing which lawfully existed as of the effective date of this ordinance shall be allowed to remain provided the same is maintained clear of vegetation or other material, and 3) allowances in the site triangle such as traffic signs, utility poles, and sidewalks and ground cover landscaping such as grass, shrubs and ground cover that shall not exceed one and one- half feet in height at or after planting. Mayor Randels clarified that no new plantings would occur. Mayor Randels informed that an article on visibility intersection article would appear in the next City newsletter. There was no public comment. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 34-2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Adopt: Ordinance No. 35-2003; Amending Chapter 110, Relating to Site Plan Review, Providing for Appeal to the City Council. Mayor Randels read Ordinance No. 35-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE, RELATING TO SITE PLAN REVIEW; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the Planning and Zoning Board as a quasi-judicial board holds final site plan approval and any applicant appeals requires the applicant proceed to the circuit court. The amendment to this ordinance would allow an applicant a final appeal before the City Council. The amendment would only allow the Council to have review over appeals. Mr. Morgan asked the City Manager if he had shared any findings on appeals procedures from other cities with the Planning and Zoning Board. Mr. Boucher replied that Brevard County Commission hears appeals however the City of Cocoa Beach Commission approves site plans. Mayor Pro Tem Petsos requested that the City Manager share his findings with the Planning and Zoning Board and he stated his favor with the Council hearing site plan appeals. Attorney Garganese replied to Mr. Hoog that staff approves very small-scale site plan reviews in the City of Cocoa however at a certain threshold the City City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 4 Council approves site plans. The City of Winter Springs Commission approves all site plans as well as the City of Casselberry. Attorney Garganese informed that the next evolution in quasi-judicial proceedings might be one that cities adopt ordinances referring matters to hearing officers. The hearing officer may be an attorney who will make findings of fact based on quasi-judicial proceedings that are then submitted to the City Council for decision. He stated that the Florida Supreme Court is moving to the direction in which quasi-judicial boards may have to make express findings of fact on all its decisions. Quasi-judicial procedures would become a forum of litigation especially on controversial projects. Attorney Garganese stated that quasi-judicial procedure is subject to appellate review by the Courts and the courts want a record of action from the meetings and the courts also want to know the basis of the decision in order to determine if the Council or Board was arbitrary. Without such findings of fact, the Courts might dismiss the case. Mayor Randels stated that he wanted the Board informed that this amendment to the appeal process was to protect the Board in a litigious circumstance. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Adopt Ordinance No. 35-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 36-2003; Relating to Distance Separation Between Establishments which Dispense, Sell, Serve, Store or Permit Consumption on Premises of Alcoholic Beverages and Between Such Establishments and Churches, Schools, and Playgrounds. Mayor Randels read Ordinance No. 36-2003 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE, RELATING TO DISTANCE SEPARATION BETWEEN ESTABLISHMENTS WHICH DISPENSE, SELL, SERVE, STORE OR PERMIT CONSUMPTION ON PREMISES OF ALCOHOLIC BEVERAGES AND BETWEEN SUCH ESTABLISHMENTS AND CHURCHES, SCHOOLS AND PLAYGROUNDS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the ordinance was clarified to read that the measurement is shortest distance from each property line. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 5 A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 36-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt: Ordinance No. 37-2003; Adopting a New Section 110-321 of the City Code; Relating to the Protection of Beach -End Public Parking within the Medium Density Residential Zoning Districts. Mayor Randels read Ordinance No. 37-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW SECTION 110-321 OF THE CITY CODE; RELATING TO THE PROTECTION OF BEACH. END PUBLIC PARKING WTHIN THE MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Mr. Hoog posed the circumstance of a person who is deprived the privilege of using their access onto the road, what would preclude the City from moving the parking to an area on a different side of the street. Mayor Randels answered that perhaps the homes on one side of the street are built closer to the right of way that on the other. Discussion followed on relinquishing parking spaces or moving the allowed parking to a different side of the street. Mr. Hoog stated that he would prefer to move the 17 or 19 parking spaces instead of giving up two parking spaces. Mayor Randels summarized from the ordinance that if no viable access is established the City can, where a variance is granted, amend up to two spaces or 20 -feet. The maximum number of beach -end parking spaces to remove shall be two spaces or 20 -feet. He stated further that ingress and egress should only be provided through a single shared driveway to minimize the elimination of beach -end public parking spaces. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 37-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Adopt: Ordinance No. 38-2003; Relating to the Reimbursement Policies and Procedures for Official Travel. Mayor Randels read Ordinance No. 38-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW ARTICLE TO CHAPTER 2 OF THE CITY OF CAPE CANAVERAL'S CODE OF ORDINANCES, RELATING TO THE REIMBURSEMENT POLICIES AND PROCEDURES FOR OFFICIAL TRAVEL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 6 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 38-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 10. Motion to Approve: Ordinance No. 27-2003; Vested Rights, at first reading. Mayor Randels read Ordinance No. 27-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA CREATING A NEW CHAPTER 115 TO THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO VESTED DEVELOPMENT RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels referred to a letter from the City Manager dated October 15 that summarized proposed Ordinance No. 27-2003. The ordinance clarifies whereby the applicant relying upon a valid unexpired act of the City has made a substantial change, or if the City has committed or omitted an act, the applicant can make an appeal. The proposed Vested Rights ordinance is a necessary tool that the City must have to address and act or omission caused by the City. Mr. Morgan expressed how a resident in the Lincoln Avenue alleyway dispute voiced concern with the Vested Rights issue. Mr. Treverton asked the City Attorney how the proposed ordinance could relate to the Lincoln Avenue alleyway issue. Mr. Morgan related Mrs. Vicidomini's concern with a loss of an easement. Attorney Garganese stated that the Vested Rights ordinance did not evolve in any way from the Lincoln Avenue alleyway dispute. He recalled that it was subsequent to the Sand -in -the -Shoes issue that the City decided to establish formal procedures to address Vested Rights issues. Mayor Randels pointed out the flow chart that clarified the process. Mr. Treverton asked about the last sentence in Section 115-3(b) that reads, "against which the development is vested." Attorney Garganese explained that the development might be vested in accordance with an old law but not in compliance with and therefore against the new law. Mr. Treverton also pointed out some typographical errors on page 68, paragraph (f) where "question" which should read "questions" and in paragraph (g), the word should be past tense "rendered." On a final note, Mr. Treverton asked if continuous ownership of a parcel with the flawed vested right is the City's intent. Mr. Morgan stated that the vested right should carry with the transfer of the property. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 7 Attorney Garganese stated that a building might not come into current compliance however vested rights transfer with the property. Mayor Pro Tem Petsos asked Ms. McNeely, Planning and Zoning Board Chairperson, if she had any further comments on the ordinance. She declined comment. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Ordinance No. 27-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 11. Motion to Approve: Ordinance No. 39-2003; Amending Section 22-46, Providing for Appeal to the City Council, at first reading. Mayor Randels read Ordinance No. 39-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 22- 46 OF THE CAPE CANAVERAL CODE; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels explained that the aggrieved party has ten calendar days to make an appeal, if a request is heard the City Council will make a determination on the appeal within 30 days. The City Council shall hear and consider evidence, the City Council shall grant or deny by majority vote and judicial review of the denial or approval of the site plan shall be available only after the administrative procedures set forth in this section have been exhausted. Mayor Randels noted that the words "site plan" does not apply in this ordinance. Attorney Garganese noted the necessary changes and also stated that judicial review should only occur after a final decision of the City Council on appeals. Mayor Randels explained that the purpose of this ordinance is to provide an applicant that has been denied or feels aggrieved an avenue of appeal prior to the Circuit Court. Mr. Treverton asked why one paragraph reads the "appropriate" court and another paragraph reads "Circuit" Court. Mr. Morgan asked if Appeal forms were available. Attorney Garganese stated that the Appeals process should be included on the site plan application as well as on public meeting notices. There was no public comment. A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Ordinance No. 39-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 12. Motion to Approve: Ordinance No. 40-2003; Adopting Amendments to the Annual General fund, Sewer Enterprise Fund, Special Revenue Funds and City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 8 Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2003, at first reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUNDS, SEWER ENTERPRISE FUNDS, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003; PROVIDING FOR AN EFFECTIVE DATE. Ms. Bowers explained that State law requires an ordinance to adopt the budget amendments made throughout the fiscal year. She explained to Mr. Morgan that the dates identify the timing of each set of changes. Mayor Randels summarized that $298,304 was added to the amended General Fund revenue throughout the year. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Ordinance No. 40-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 13. Interlocal Agreement to Fund Feasibility Study for a Regional Biosolids Treatment Facility. Mr. Ed Gardulski, Public Works Director, informed that there has been discussion on how to dispose of biosolids. The City's current procedure is to de -water and dump by way of Class B sludge to the County landfill. Class A sludge requires additional processing. The cities are collaborating on a location and the facility's function. Mr. Gardulski is proposing this to the Council prior to a final decision. Discussion continued on equitable division of cost possibly based on flow rate. Mr. Morgan asked if the process delivers Class A sludge. Mr. Gardulski replied that the sludge could become fertilizer. He also replied to Mr. Morgan that some companies are interested in purchasing the sludge. Mr. Hoog asked about funding after the facility is built. Mr. Gardulski replied that a tipping fee could be used. Mr. Hoog asked about the cities that are not included and asked if the County would absorb their flow rate. Mr. Gardulski affirmed. Mayor Randels clarified that discussion on this issue is eminent due to possibility of discontinuing Class B sludge dumping in the landfill and Mr. Gardulski's intent is to provide the Council with data to make an informed decision. Discussion continued on fees according to flow rate. Mr. Boucher stated that he did not desire to see the facility built in a location that would incur trucking fees to dispose the sludge but something in a central location. Mayor Randels summarized that the Council favored payment based proportionally on flow rate. Mr. Nicholas asked if the County would pay a share. Council members affirmed. Mr. Gardulski would continue to provide information on this issue. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 9 REPORTS: 1. City Manager • Mr. Boucher related the decision of the Health Insurance Committee regarding Health Insurance renewal. Council decided to meet immediately following the Certification of the Elections results on Thursday, November 6m • Mr. Boucher requested a date to discuss the Wage and Salary Plan. Mr. Morgan requested information prior to 1993 regarded salaries that included a step plan. Council decided on Tuesday, November 18th from 5:00 P.M. to 7:00 P.M. • Mr. Boucher encouraged the Council to review the staff Quarterly Reports. He added a "Did You Know That' section to the employee newsletter with portions from the Quarterly Reports. • Mr. Boucher announced that the City newsletter would be published during the last week in October. • Mr. Boucher announced that the Public Works Director would renovate the Council Chambers during the week of October 271H • Mr. Boucher wished both candidates for Mayor well in the upcoming election. 2. Staff Public Works Director • Mr. Gardulski reported that the beach -end landscaping project is drawing to a close. • Mr. Gardulski also reported on the progress of the City north entrance sign landscaping. He is still waiting on the seal for the City sign. • Mr. Gardulski announced that he is working with the Department of Transportation on the south entrance sign and he secured an easement on the right-of-way property in front of Yogi's. • Mr. Gardulski reported on the upcoming sewer line cleaning. • Mr. Gardulski reported that the reuse project is in the bid process. • Mr. Gardulski reported that Jobear Warden Construction, Inc. would begin work in November on the International Drive baffle box. • Mr. Gardulski reported that the punch list items are ready for the Al sidewalk and bridge area. • Mr. Gardulski related that the Department of Transportation has recognized a drainage problem in front of McDonald's and the USA Space Alliance where the grass is higher than the road. He would have the inmates clear the area. • Mr. Gardulski reported that he requested a left bound turn lane from district transportation on Central Avenue and SR Al in a planning effort due to the new construction in that area. • Mr. Gardulski informed about the reduced speed limit near the overpass. • Mr. Gardulski was asked if the overpass height would be lowered. Mayor Randels replied in 60 days. • Council members inquired about the mobile home on the 528 Causeway near the exit of State Road 3. The structures might be due to proposed road widening. City Treasurer City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 10 Ms. Bowers reported that the Finance Department is working on completing Occupational Licensing renewals. Ms. Bowers also reported that the annual audit begins in November. City Clerk • Ms. Stills thanked the Mayor, Mayor Pro Tem, City Attorney and City Manager for their participation in the Florida City Government Week activity with the Cape View Elementary student council. City Attorney • Attorney Garganese expressed that he was glad to participate in City Government Week. • Attorney Garganese wished both candidates for Mayor well in the upcoming election. AUDIENCE TO BE HEARD: Ms. Bea McNeely, Planning and Zoning Board, Chairperson distributed a copy of City Code Section 110-296 and stated that a single-family home could not be built on a non- conforming lot of record. A non -conforming lot of record measures 50 -feet by 125 -feet and there are many in the City. Mr. Morgan stated that when the regulation was changed to 75 -feet by 100 -feet, all other lots became vested and the former dimensions became non -conforming. However, single- family residential buildings have been built as an accepted practice. Ms. McNeely said that under review other inconsistencies might also be discovered. Mr. Morgan said that clarification would assist the Building Official since single-family residential does not come under Planning and Zoning Board review. Attorney Garganese stated that the code would provide an exception to allow construction for the single-family on a non -conforming lot of record. Mr. Morgan expressed that these applications should be a permitted use and not an exception since the lots are legally non -conforming lots of record. Discussion followed on what could be built on the lot dimensions. Ms. McNeeley stated that the Code needs clarification. Council would need further review in order to provide direction for the Planning and Zoning Board. Mr. Leo Nicholas stated that there is a forthcoming application for a special exception to construct residential in a commercial zone on a corner lot. He requested to discuss both this and the previous issue at the Planning and Zoning Board level. The applicant's request is feasible however an amendment to the code section would create subsequent changes to other sections of the code. Mr. Boucher summarized that the Council favored building single-family homes on non -conforming lots of record. 3. City Council Mr. Morgan • Mr. Morgan requested to take the City Manager and the Public Works Director and on a tour to review and address stormwater concepts. Mr. Hoog • Mr. Hoog inquired about the stormwater project near Harbor Heights. Mr. Gardulski replied that the project would resume. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 11 • Mr. Hoog expressed disfavor with the state of the canal and inquired about the City taking action. Mr. Boucher stated that the County provided cleaning. Mayor Randels replied the Mr. Gould was receptive to cleaning on the north side. • Mr. Hoog informed that Mr. Baugher purchased the western part of the Fairvilla property. Mr. Boucher stated that Fairvilla wants to contest their agreement with the City due to the sidewalk installation on Thurm Blvd • Mr. Hoog inquired about a Board member's status. Mr. Boucher stated that if the member did not resign, the Council has the authority to remove any member from a Board. Mr. Hoog stated that he should provide his credentials or resign from the Board. Mr. Boucher stated that he would require Mr. Holfve to produce his credentials or be removed from the Board. Mr. Treverton • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked if the Fairvilla Adopt -A -Highway Sign was removed. Mr. Gardulski would address the issue. • Mayor Pro Tem Petsos reported that a safety fence was constructed on Center Street inclusive of the City's property. Mr. Gardulski would visit the area. Mayor Randels • Mayor Randels reported that the Seafarers Ministry raised $7,000 in the Walk -for - Bibles event; extended thanks to the Council for permitting the event. • Mayor Randels announced that Port Canaveral has a new aerial photograph. • Mayor Randels reported on a land sale in the City that sold for $1.7 million for 11 acres. • Mayor Randels reported that he was a judge in a recent Paws -at -the -Pier that raised $15,000 for the Humane Society to build a new animal shelter building. • Mayor Randels reported on few City Board vacancies; 5 boards have no vacancies and 1 Board has 1 Alternate vacancy of the 9 City Boards. • Mayor Randels reported that NUI Gas has requested a 28 percent increase in City gas prices. • Mayor Randels reported on the Occupational Licensing Packet presenting small business information prepared by the Finance Department. • Mayor Randels announced that he serves on the Goodwill Industries Board that provides job training, placement and vocational services for the physically challenged. • Mayor Randels asked if the City Manager would include the Showerhead Exchange Program in the upcoming newsletter. • Mayor Randels reported that Attorney Garganese was awarded an AV Attorney rating by Martindale -Hubbell. • Mayor Randels announced that Keep Brevard Beautiful license plates are now available. • Mayor Randels reported that the Video Display Company on Center Street secured a $3.4 million contract from Boeing. • Mayor Randels displayed a copy of the Palm Bay newsletter for comparative review. • Mayor Randels reported that Brevard County increased its recyclables list. Mr. Boucher stated that information is in the City's upcoming newsletter. City of Cape Canaveral, Florida City Council Regular Meeting October 21, 2003 Page 12 Mayor Randels distributed a book on water policy from the Department of Agriculture. Mr. Nicholas asked if the V.F.W. could receive the ceiling panels from the Council Chambers after the renovation project. Mayor Pro Tem Petsos announced the Make a Difference Day City Cleanup on Saturday, October 25th. Sign in is at 8:00 A.M. at City Hall. ADJOURNMENT: There being no further business the meeting adjourned at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY November 6, 2003 5:30 P.M. CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Others Present: City Manager City Clerk RESOLUTION: MINUTES Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton Bennett Boucher Susan Stills Motion to Adopt: Resolution No. 2003-42; Certifying the Results of the General Election of November 4, 2003. Mayor Randels read the resolution in its entirety. WHEREAS, the Supervisor of Elections of Brevard County has certified to the City Council of the City of Cape Canaveral, the official results of the General Election held on November 4, 2003; and WHEREAS, Buzz Petsos and Rocky Randels were to be voted on for Mayor in the General Election; and WHEREAS, Stephen Miller qualified for the City Council in the General Election; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, deems it to be in the best interests of the health, safety, and welfare of the citizens of Cape Canaveral to certify the results of the General Election held on November 4, 2003. \\Cape-nt\cityclerk\CityClk\MINUTES\SPECIAL\2003\Certify Election Results 11-06-03.doc City of Cape Canaveral, Florida City Council Special Meeting to Certify Election Results November 6, 2003 Page 2 BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The whole number of votes cast by the electorate of the City of Cape Canaveral, Florida, in the General Election of November 4, 2003 was 1930: Candidate for Mayor Total Votes Buzz Petsos 714 Rocky Randels 1216 SECTION 2. The City Council hereby certifies the voting results provided in Section 1 above. As a result, Rocky Randels, having received the highest number of votes cast for Mayor for the City of Cape Canaveral, and Stephen Miller, having run unopposed for the vacated City Council seat, are hereby duly elected to the positions of Mayor and City Council Member of the City of Cape Canaveral. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of November, 2003. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to adopt Resolution No. 2003-42 Certifying the Results of the General Election of November 4, 2003. The vote on the motion carried with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 5: 35 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK \\Cape-nt\cityclerk\CityClk\MINUTES\SPECIAL\2003\Certify Election Results 11-06-03.doc CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida Monday November 6, 2003 5:35 P.M. CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Member Others Present: MINUTES Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City Manager Bennett Boucher City Clerk Susan Stills Public Works Director Ed Gardulski Mayor Pro Tem Petsos excused himself during the Roll Call since the Resolution to Certify the Election Results became effective immediately. After some discussion Council Members clarified that the Oath of Office to affirm the new members did not take place until the next scheduled meeting. Council members agreed by majority that consideration of this matter was continued business from the 2003/2004 fiscal year. CONSIDERATION: 1. Motion to Approve: Renewal of Group Medical, Dental and Life Insurance. Mayor Randels stated the nature of the discussion as the renewal of the group medical, dental and life insurance and the Council has been asked to review the Health Insurance Committee's recommendation. He stated this year's annual renewal premium for medical coverage is $167,999. 52 representing a 5 percent decrease and a reduction in cost of $8,021, 04. The annual renewal premium for dental coverage is $11, 016.96 also with a decrease of 10 percent from last year and a reduction of $1,217. 52. The annual renewal premium for life insurance coverage is $5,544 that represents a 13 percent increase of $636 from last year's cost. The net total premium of the health benefits package is $184,560.48 with a savings of $8,602.56. Mr. Boucher outlined the two recommendations: 1) the Health Insurance Review Committee requested to set aside any savings and escrow the money to hedge against \\Cape-nt\cityclerk\CityClk\MINUTES\SPECIAL\2003\Health Benefits Renewal 2003.doc City of Cape Canaveral, Florida City Council Special Meeting — Health Benefits Renewal November 6, 2003 Page 2 any future rate increases, however 2) the Union requested to eliminate the $7.32 deduction and return the annual sum of $190 to the employees. Mr. Boucher distributed a City-wide survey of the eligible employees in which 28 chose to eliminate the $7.32 deduction and 8 employees chose to set aside the savings Mr. Boucher stated that the employees are aware of the potential consequences to either amend out-of-pocket expenses or to return to payroll deductions for health coverage next year. Mr. Morgan expressed favor with the overall proposal. Mr. Treverton also expressed favor with the collaborative effort on the employees' part to reach a decision. Mr. Larry McCormack, Union Steward, expressed that the employees worked together to decide on the best health program. He said that the employees paid last year and perhaps this year they could benefit from the savings. Mayor Randels summarized that the amount savings would pay the employees $7.32 for the entire year with a remaining difference of $1,200. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Accept the Health Insurance Review Committee's Recommendation Approving the Renewal of Group Medical Insurance Coverage with Blue Cross/ Blue Shield Health Options, Inc., a Change in Dental Coverage to Ameritas Group, Inc. and a Renewal of Group Life Insurance Coverage with G.E. Financial Assurance Group, and to eliminate the $7.32 Payroll Deduction from City Employees Toward Health Insurance. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mr. Boucher announced a Veterans Day Ceremony at Veterans Park on Tuesday, November 11th at 11:00 A.M. Mr. Boucher also requested to defer the scheduled Workshop Meeting on the Wage and Salary Plan from November 18th to December 2"d. Council member agreed by majority. Mr. Hoog reminded that the Palm Bay is the chosen city for the holiday gift exchange at the next Space Coast League of Cities meeting. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 5:45 P.M Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 11-18-03 AGENDA REPORT AGENDA Heading Ordinances -2nd Reading Item 4 No. determination. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 27-2003, CREATING A NEW CHAPTER 115, RELATING TO VESTED DEVELOPMENT RIGHTS DEPT./DIVISION: GROWTH MANAGEMENT/PUBLIC SAFETY Requested Action: City Council consider adoption of Ordinance No. 27-2003 creating a new Chapter 115, relating to vested development rights as recommended by the Planning & Zoning Board. Summary Explanation & Background: The proposed ordinance would establish a new code section within the land development regulations to provide for an orderly procedure by which the City Council can process requests made to the City for a vested rights determination. City Council sent this item back to P&Z on 09-16-03 for further review. The P&Z Board unanimously recommended approval at their 09-24-03 meeting. I strongly recommend approval. Exhibits Attached: City Attorney's memo dated 08-28-03 and 10-14-03; Ordinance No. 27-2003; City Manager's memos dated 09-17- 03 and 10-13-03 City Manager' Office Department GROWTH MGMT/PUBLIC SAFETY �auy v�ymy cii \y euui tt\c;UUIIC12-\-leeting\2003\11-125-03\2!-2003. doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy Usher L. Brown' Offices in Orlando, Kissimmee, Suzanne D'Agresta= Cocoa & Fiera Debra S. Babb-Nutcher Anthony A. Garganese- Jeffrey P. Buak= Gary S. Salzman* John U. Biedenharn, Jr. John H. Ward' Joseph E. Glitch Jeffrey S. Weiss Douglas Lambert Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer -Board Certified City, County & Local Government Law August 28, 2003 Erin J. O'Leary Of Counsel Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance 27-2003, Vested Rights City of Cape Canaveral / Our File No.: 513-001 Dear Bennett: Enclosed is the revised Vested Rights ordinance. The Planning and Zoning Board, at its August 27, 2003 meeting, did not recommend the adoption of the ordinance by a 3-2 vote. One member did bring up a good idea, however, that the procedure be given its own chapter in the Code because its application extends beyond the Zoning Code. Therefore, I renumbered the ordinance sections to create a new Chapter 115 of the Code. So that you know, I did find the Board's vote a little puzzling because a majority of the members seemed to like the proposed procedure. They did not, however, like the definition of "structure." Some members felt the definition should be the same as the Zoning Code definition of "structure." I advised the Board that the definition for a structure in the proposed ordinance is more suitable in the context of vested rights. In fact, the proposed definition is substantially the same as the definition in the DRI statute, which also has a vested rights provision. In any event, I am recommending that the City Council approve Ordinance No. 27-2003, despite the negative recommendation of the Planning and Zoning Board. Please schedule the Ordinance for first reading as soon as possible. V trul yours, / 1 Anthony A. Garganese City Attorney AAG:jf Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorney at Law Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Suzanne D'Agresta° Cocoa & Viera Jeffrey P. Buak° Anthony A. Garganese° John U. Biedenharn, Jr. Gary S. Salzman* Joseph E. Blitch John H. Ward' Douglas Lambert Jeffrey S. Weiss Katherine Latorre Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law October 14, 2003 Letter Via Facsimile & U.S. Mail 321-868-1224 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Revised Ordinance 27-2003 Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed herein a revised Ordinance No. 27-2003 creating a new Chapter 115 of the City Code, relating to vested rights determinations. In this version of the ordinance, we have tried to simplify the language found in Sections 115-2, 115-3, and 115-5. The remaining sections were not changed as they appear clear and straight- forward. We believe this ordinance is ready to go back to the City Council for first reading at its next meeting. Also, enclosed herewith is a proposed application which may be used by the City in accordance with this Ordinance. Finally, we have taken the liberty of preparing a very general flow -chart, which should assist the Council with understanding the review process. If you feel this tool will be helpful please include it with the package to the Council. 225 East Robinson Street, Suite 660 • P.O. Box 2873 - Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.oriandolaw.net - Email: firm@orlandolaw.net Bennett Boucher, City Manager October 14, 2003 Page 2 If you have any questions please do not hesitate to call our offices. Very truly yours, Je rey P. Buak JPB!;dw Enclosures: (Via e-mail only) Ordinance Application Flow Chart F:\Docs\City of Cape Canaveral\Correspondence\Bennett_Vested_Rights.wpd Memo TO: PLANNING & ZONING BOARD From BENNETf C. BOUCHER, CITY MANAG (Date: 9/1712003 Rat ORDINANCE NO. 27-2003, CREATING A NEW CHAPTER 115 RELATING TO VESTED DEVELOPMENT RIGHTS The City Council reviewed this proposed ordinance at their 09-16-03 meeting and is seeking feedback from the board on the proposed ordinance. They recognize that the P&Z Board did not recommend approval of the draft ordinance at its 08-29-03 meeting. The City Council is very interested in having a vested development rights ordinance as a tool in which to address these types of property rights issues as they arise from time to time. Your review and recommendation are greatly appreciated. BCB:kmm Attachments 9 Page 1 Memo City Managers Office TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From BENNETT C. BOUCHER, CITY MANAGER Daft 10/15/2003 Re: SUMMARY OF PROPOSED ORDINANCE NO. 22-2003 RELATING TO VESTED RIGHTS This proposed ordinance provides for an orderly procedure for a property owner relying in good faith, upon some act or omission of the City, to apply for a determination of vested rights. Section 115-5, Standards for Determining Vested Rights, sets forth the following: I. The applicant, in reliance upon valid, unexpired act of the Cit-, has made a substantial change in position or has incurreo extensive obligations or expenses. 2. The applicant's reliance was reasonable and in good faith. 3. It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant by means of the City's act or omission. Let me emphasize, this ordinance only pertains to "the act or omission of the Citv". The application process for a determination of vested rights Section 115-7 is as follows: * Filed with the city manager: Must be within (30) days if related to a denial of a development order based on an inconsistency with the comprehensive plan or land development regulation. Vftin (30) days of receipt of a proposed rezoning or future land use map amendment initiated by the City for that property. All other requests have no time limitation. 0 Page 1 Once a determination of vested rights application is submitted, pursuant to Section 115-8, the city attorney shall review said application and prepare a non-binding report to City Council within (45) days. The city manager shall schedule a public hearing upon receipt of the city attorney's report within (30) days. Section 115-11 public hearing: This section provides how the public hearing is to be conducted and guidance for introduction of testimony and evidence at the hearing. The City Council shall approve or deny in whole, or in part, the claims of the applicant. The City Council's decision shall contain findings of fact and conclusions of law. The proposed vested rights ordinance is a necessary tool the City must have to address an act or omission caused by the City. The City of Cocoa Beach has a similar ordinance (see attached) and other communities around the state enacted similar legislation. I strongly recommend City Council adopt a vested rights ordinance BCB:kmm Attachment • Page 2 NextPage LivePublish Page 1 of 4 a .64�� Sec. 1.22. Vested rights special permit. (a) Application for vested rights special permit. Upon application and review, the city commission may grant, as a special permit, an exception to the otherwise applicable provisions of the city comprehensive plan or any land development regulations, except for any impact fees adopted by a local governing body. Said special permit shall specify the specific type, density, or intensity of development of a specifically described parcel of land or to any other person or legal entity. However, additional special permits may be issued to other persons of legal entities satisfying the requirements of this article. The special permit may be granted whenever the city commission find that the applicant has demonstrated that the applicant has a pre-existing vested right to commence or complete construction on a specific development. The special permit may be granted with or without conditions depending upon presented evidence. (b) Considerations for determination of vested rights. In determining whether a right to commence or complete construction of a specific type, density, or intensity of development has vested the following factors, as the evidence shall deem to be appropriate, shall be considered: (1) Whether there has been an act or omission to act by the city which would give rise to a vested right, the date of such act or omission, and the official position of the person responsible for the act or omission. (2) With reference to the act or omission to act referenced in subsection (b)(1) above, whether the city official acted or omitted to act within the course and scope of his personnel rank job duties, and official position. (3) Whether the applicant made a substantial change in position or has an investment -backed expectation, based upon an unexpired act, or omission to act, of the city including: a. The nature of the applicant's change in position or investment -backed expectation. b. Expenditure of money or obligation to expend funds. The amount of funds spent or obligated. d. Dates of expenditures or incurrence of the obligation, acts committed which represent a change in position, and dates thereof. (4) Good faith of the applicant in substantially changing its position, or the incurring of extensive obligations and expenses based upon the city's actions or omissions to act. (5) Any acts of the applicant (and the dates thereof) associated with physical improvements on the parcel of land in question such as grading, installation of utility infrastructure or public improvements, or any acts of the applicant (and the date thereof), including dedication of land to the city or any other governmental entity, payment of fees, or design fees for improvements to be constructed on the site. (6) The extent to which the applicant has secured building permits for, and commenced or completed, the construction of subdivision improvements and buildings upon part but not all of the development project that was contemplated to extend over a period of months or years. (7) Whether the applicant, prior to or on the date of the change in the comprehensive plan or land development regulation defeating the applicant's vested right became pending, has made contractual commitments to complete structures or deliver title thereto or occupancy thereof and the dates of and amounts of money involved in said commitment. (8) Whether prior to the date the comprehensive plan or land development regulation became pending, the applicant incurred financial obligations to a lending institution which the applicant will be unable to meet, and whether it would be inequitable and unjust to require the applicant to meet the new regulations, and therefore should be permitted to proceed with the previously permitted type, density, or intensity of development. (9) Whether enforcement of the terms of the currently effective comprehensive plan or any land development regulation, claimed to defeat the applicant's right to develop a parcel of land will expose the http://livepublish.municode.com/4llpext.dll/Infobase 17/ 1 / 1 bel/ 1 c5711 c60?f=templates&£.. 10/13/2003 NextPage LivePublish Page 2 of 4 applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on his investment in the parcel of land. (10) Whether the applicant has a vested right to commence and complete only a portion of a proposed development on all or a portion of the applicant's parcel of land. (11) That the applicant owned an interest in the parcel of land proposed to be developed on the date of the change in the comprehensive plan or land development regulation and that the specific type, density, or intensity of development proposed for the parcel of land was lawful and permitted at that time. (12) Whether the applicant has continuously owned the parcel of land since the date of the change in the comprehensive plan or land development regulation until the date of the public hearing before the city council on the special permit application. (13) Whether requiring that the applicant's parcel of land be developed in accordance with the currently effective city comprehensive plan or city land development regulation restrictions will deprive the applicant of a reasonable rate of return on his investment or substantial change in position, or otherwise unjustly deprive the applicant of its vested rights. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: a. Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the type, density, or intensity of development claimed by the applicant to be vested. b. Expenditures for taxes, except for any increases in tax expenditures which result from issuance of development order which would not be contrary to the currently existing city comprehensive plan or relevant land development regulation. C. Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obligated to incur as an ordinary and necessary business expense (for example, employees salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated or a development order not been issued, for the type, density, or intensity of development now claimed by the applicant to be vested. (14) Any other information relevant to discerning the applicant's claim to vested rights to develop its parcel of land in a particular manner that may be pertinent under Florida or Federal law, including the existence of an imminent peril to the public, health, safety, welfare, economic property, general order, aesthetics, or appearance which should preclude approval of a vested rights special permit. (c) tested rights. The right of the applicant to commence or complete construction of development of a type, density, or intensity of development, on the applicant's parcel of land, or a portion thereof, is vested, if the applicant can demonstrate to the satisfaction of the city by substantial, competent evidence that: (1) The currently effective city comprehensive plan or portion thereof, or a land development regulation, has a material and adverse effect upon the applicant's vested right to develop the subject parcel of land. (2) By application of the considerations set out in subsection (b) hereof the applicant in good faith upon some act or omission of the city has made such a substantial change in position or has an investment - backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence or complete a certain type, density, or intensity of development upon all or a portion of the applicant's parcel of land. (3) The fact that the parcel of land has been or is in a particular zoning or comprehensive planning land use district or classification under the currently effective, or any prior, city comprehensive plan or land development regulation, shall not, in and of itself, establish that an applicant's right to commence or complete construction of a certain type, density, or intensity of development has vested. If it is determined that there is imminent peril to the public health, safety, welfare, general order, economic prosperity, aesthetics, or appearance or that the public cost outweighs the applicant's vested right, the special permit may be denied. http://livepublish.municode.com/4llpext.dlUInfobase 17/1 / 1 bel/1 c571l c60?f=templates&f... 10/13/2003 NextPage LivePublish (d) Application. Page 3 of 4 (1) Any applicant may file an application for a special permit determining that the applicant's right to commence or complete a specific type, density, or intensity of development on a parcel of land has vested. Such application shall be filed with the city planning and zoning administrator and shall contain: a. A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expend funds, and other factors which are claimed to support the claim to a vested right to commence or complete a specific type, density, or intensity of development. b. A legal description of the parcel of land and survey thereof upon which the applicant claims to have vested development rights. c. The applicant's name, address, and telephone number. d. The name, address and telephone number of any attorney or agent who is or will be representing the applicant. e. A title opinion of a Florida attorney (which opinion is in a form acceptable to and in favor of the city), abstract of title, or other evidence demonstrating that the applicant has continuously held title to the parcel of land described in the application from the date on which the comprehensive plan or land development regulation change became pending until at least two (2) weeks prior to the date of application for a special permit, together with a description of the extent and quality of ownership of the parcel of land during said period. As of the date of final approval of any vested rights special permit, the applicant may be required by the city to update the foregoing information to the date of approval of any vested rights special permit. f. An affidavit under penalty of perjury verified, or executed before a notary public (and thereafter subscribed to by said notary public), by the applicant as to the veracity of the application and all attachments thereto. g. Such other information relevant to the standards and factors in this article as the development services director may specify. (2) The applicant shall attach to the application original or photographically reproduced copies of all documents or other relevant evidence. Said attachments shall be deemed to be a part of the application. (3) Application fee. No fee shall be required to file an application for vested rights. (e) Local planning agency review. A public hearing shall be held by the local planning agency on the application for a special permit for vest rights determination. After the public hearing, the local planning agency shall forward its written findings and recommendations to the city commission. A copy of the findings and recommendations shall also be mailed to the applicant. Said findings of fact and recommendation shall be advisory in nature. (f) City council review. Within thirty (30) days of the date the local planning agency has forwarded its findings of fact and recommendations to the city commission, the city commission shall hold a public hearing on the application for a special permit. After the public hearing on the application for the special permit, the city commission shall vote on the vested rights request, file its written findings, and render an order of determination with regard to the existence or nonexistence of vested rights with the city clerk. A copy of the final order will be forwarded to the development services director, and the applicant. The order shall either issue a special permit, issue the special permit with conditions, or deny the special permit application. (g) Application deadline. A person or legal entity shall have one (1) year after the effective date of a provision in the comprehensive plan or a land development regulation that is alleged to defeat said person or legal entity's vested right to file an application for vested rights. Failure to make such application shall be interpreted as a waiver of the vested development right, as well as a waiver to any right to claim that the aforementioned provision in the comprehensive plan or land development regulation defeats or otherwise improperly operates counter to said person or legal entity's vested development right. http://livepublish.municode.com/4llpext.dllllnfobase 17llllbe7/1 c571l c60?f=templates&£.. 10/13/2003 NextPage LivePublish Page 4 of 4 Although the one year time period may have lapsed, in the opinion of the aggrieved person or legal entity, any person or legal entity who believes that its vested rights may be abrogated by any provision in the comprehensive plan or by a land development regulation must, prior to seeking judicial relief, first file a complete application for a vested rights permit so that a determination can be made whether the one (1) year application deadline has actually passed and whether other provisions of the comprehensive development plan or land development regulations may preserve the applicant's vested rights. (Ord. No. 1198, § 4, 4-15-99) http://livepublish.municode.com/4llpext.dllllnfobase 17/ l l l bel/ 1 c571l c60?f=templates&£.. 10/13/2003 ORDINANCE NO. 27-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA CREATING A NEW CHAPTER 115 OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO VESTED DEVELOPMENT RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the doctrine of vested rights limits local governments in the exercise of their zoning powers when a property owner relying in good faith upon some act or omission of the government has substantially changed position or incurred such excessive obligations and expenses that it would be highly inequitable and unjust to destroy the rights that the owner has acquired. City of Key West v. R.L.J.S. Corp., 537 So.2d 641 (Fla. 3rd DCA 1989), review denied, 545 So.2d 1367 (Fla. 1989); and WHEREAS, in light of the forgoing authority, the City Council recognizes the fact that property owners may from time to time have vested land development rights and the City Council desires to adopt a vested rights ordinance in order to adopt an orderly procedure by which the City Council can process requests made to the City for a vested rights determination; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. The City of Cape Canaveral Code Chapter 115, Vested Rights, is hereby created as follows (underlined type indicates additions): City of Cape Canaveral Ordinance 27-2003 Page 1 of 10 Chapter 115 - Vested Rights ARTICLE I. IN GENERAL Sec. 115-1. Purpose and Intent. In recognition of the fact that certain land development rights of property owners may be or become vested with respect to the City of Cape Canaveral's Comprehensive Plan and land development regulations adopted to implement the Comprehensive Plan it is the intent of this Article to provide for a fair and equitable process for the determination of whether a property owner has vested rights. Sec. 115-2. Definitions. (a) 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: City Attorney shall mean the City Attorney of the City of Cape Canaveral Florida. City Council shall mean the City Council of the City of Cape Canaveral Florida City Manager shall mean the City Manager for the City of Cape Canaveral Florida. Comprehensive Plan shall mean the Comprehensive Plan for the City of Cape Canaveral, in accordance with the Local Government Comprehensive Planning and Land Development Regulation Act (Sections 163 3161 - 163 3243 Florida Statutes), as such plan may be amended from time to time Construction shall mean the introduction and use at the Development site of both labor and materials in the assembly and erection of the Structures or infrastructure associated with the particular Development. Such Construction shall be performed in a manner consistent with the City Code and the Development permits which have been issued by the city. Construction typically means more than mere clearing, grubbing_grading, and staking the Development site and includes Good Faith efforts on the part of the landowner to proceed under, not merely to prolong the effectiveness of the Development Order or permit or approval in question. Development shall mean the carr iinng out of any buildingactivity ctivity or the making of any material change in the use or appearance of any Structure or Land City of Cape Canaveral Ordinance 27-2003 Page 2 of 10 Development Order shall mean any order issued by the city granting_ denying or granting with conditions an application for a Development permit as that term is defined in Section 163.3164, Florida Statutes Good Faith shall mean honesty of intention and freedom from actual or constructive knowledge of circumstances which ought to put the holder upon inquiry. Good Faith shall not encompass dishonest fraudulent or deceitful action ignorance of the law, mistake of law, circumvention of legal requirements or delay resulting from neglect or lack of diligence. Land shall mean the earth, water and air above, below, or on the surface and includes any improvements or Structures customarily regarded as Land Parcel of Land shall mean any quantity of Land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as Land to be used or developed as a unit or which has been used or developed as a unit. Party shall mean: a. A specifically named Person whose substantial interests are being determined in a vested rights proceeding. b. Any other Person who is entitled to participate in the vested rights determination because the Person's substantial interests may be affected by the determination, and who makes an appearance before the City Council at the vested rights determination proceeding. c. Any other Person allowed by the City Council for good cause shown to intervene or participate in the vested rights determination d. Any agent, representative, or counsel of any Person described in subparagraphs a, b, or c above. Person shall mean an individual corporation partnership governmental agency, business trust, estate, trust, association two (2) or more Persons having a joint or common interest, or any other legal entity_ Structure shall mean anything constructed installed or portable the use of which requires a location on a Parcel of Land. It includes a movable Structure while it is located on Land which can be used for housing business commercial agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences billboards swimming pools poles pipelines transmission lines, tracks, and advertising signs. City of Cape Canaveral Ordinance 27-2003 Page 3 of 10 Subdivision shall mean any Subdivision of Land as defined in Section 98-1 City Code. Sec. 115-3. Vested rights permits, effect. (a) Any Person may request from the city a determination of whether the Person's riaht to complete a Development is vested pursuant to this Article notwithstanding that all or some part of the Development is inconsistent with the City's Comprehensive Plan or land development regulations. Such request shall be made by way of application in accordance with the procedures described in this Article. Possession of a vested rights permit _ shall enable a permit holder to complete the Development approved under such permit, up to and through issuance of appropriate certificates of occupancy. This right to continue the Development is subject to the limitations provided herein and subject to compliance with such laws and regulations against which the Development is vested. Sec. 115-4. Exhaustion of administrative remedies reouired. No applicant, claiming that this Article as applied to a particular vrovertv constitutes or would constitute an abrogation of vested rights, may pursue such claim in court unless the applicant has first exhausted the administrative remedies provided in this Article. Sec. 115-5. Standards for determining vested rights. (a) An application for a vested rights determination shall be approved if the applicant has demonstrated all of the following: The applicant, in reliance upon the valid, unexpired act of the City, has made a substantial change in position or has incurred extensive obligations or expenses; and The applicant's reliance was reasonable and in Good Faith; and It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant by means of the City's act or omission. The criteria set forth above shall not be deemed an exclusive statement of the grounds for determining that the right to develop or to continue the Development of property exists The City may also consider applicable statutory and case law legal authority. The purchase of property in reliance on then existingzoning is not by itself sufficient to vest the purchaser's right to develop in accordance with said zoning. City of Cape Canaveral Ordinance 27-2003 Page 4 of 10 (c) The following are not considered Development expenditures or obligations as contemplated by sub -section (a)(1) above, which would be sufficient for the vesting of development rights, unless the applicant was unable to obtain further approvals because of extraordinary delay beyond the applicant's control: (1) Expenditures for legal and other professional services that are not related to the design or Construction of improvements; (2) Taxes aid; or Expenditures for initial acquisition of the Land. These expenditures may, however, be considered in conjunction with other expenditures or obligations incurred by an applicant to demonstrate reliance upon an act or omission of the City. Sec. 115-6. Permit expiration; substantial deviations, etc. (a) The purpose of this Article is only specify the circumstances under which a Person may undertake or continue the Development of Land despite the inconsistency of the Development with the City's Comprehensive Plan and land development regulations Nothing in this Article shall act to create rights that otherwise do not exist. Therefore upon the expiration of any Development Order or permit or approval that serves as the predicate for the property owner's right under this Article to develop the rightsrag nted under the Article shall likewise expire. Also, if any pplication for a permit or other approval is denied or if the application is granted but the permit or approval later expires for lack of Construction or otherwise, and if the submission of the application serves as the predicate for the rights granted under this Article, then the rights granted hereunder shall also expire. (b) Furthermore, any such Development shall continue to be subject in all respects to all laws, ordinances, rules, and regulations and shall continue to be subject to all terms conditions requirements and restrictions contained in any Development Order or permit or approval or binding letter of vested rights pertainingto o the particular Development. (c) Any substantial change or substantial deviation from the terms of the Development Order upon which a vested rights permit was predicated shall cause the change or deviation to become subject to the Comprehensive Plan and land development regulations. Sec. 115-7. Application for vested rights determination. (a) Filing of application. Any Party who believes they are entitled to a vested rights permit for a particular Development shall complete, execute, and file an application for a vested rights permit with the City Manager, in accordance with this section. City of Cape Canaveral Ordinance 27-2003 Page 5 of 10 Due date. The purpose for which vested rights permits are issued is to provide certainty and predictability in the use and conveyance of Land and interests therein. There is no deadline, therefore, for applying for a vested rights permit. However, a Party shall have waived and abandoned any claim to vested rights for a particular property if an application for a vested rights permit is not filed within thirty (30) days after the following actions: Denial of a Development Order for that Property, when the denial is based on inconsistency with the City's Comprehensive Plan or land development regulations or failure to meet the concurrency requirements of the Comprehensive Plan; Receipt of notice of a proposed rezoning or future land use map amendment initiated by the City for that Property. (C) Contents of application. The application shall contain at a minimum: The name of property owner; The address of property owner; The telephone number of property owner; The project name, if applicable; The street address of property, if known; The legal description for the property; A statement providing the factual basis upon which the application is brought and the legal basis upon which the application is based. To comply with this provision it is recommended an applicant submit a memorandum of law researched and prepared by a licensed Florida attorney; All supporting information, including Development Orders and permits, contracts. letters, appraisals, reports, or any other documents, items or things upon which the application is based; A list of the names, addresses, and telephone numbers of any witnesses whom the applicant shall present in support of the application and a summary of the testimony of each witness; and Any other information reasonably required by the City Manager or City AttomU. City of Cape Canaveral Ordinance 27-2003 Page 6 of 10 An incomplete or insufficient application shall be returned to the applicant for additional information. Certification by and continuing obligation of applicant. The signature of the applicant or any agent or attorney for the applicant upon the application shall be required and constitute a certification that the Person signing the application has read the application and relevant supporting information and that to the best of the Person's knowledge and belief the same is true and correct Until the proceedings to grant or deny the application are final (including the time during which judicial appeals are pending), the applicant shall have a continuing obligation to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances. Sec. 115-8. Review and recommendation by City Attorney. (a) To facilitate the City Council's review of a vested rights application, the Citv Attome shall review all applications and evidence filed pursuant to this Article. The City Attorne shall have the authority to request additional information from the applicant or interested Persons which is relevant to the vested rights determination. No application shall be deemed complete until all information requested has been supplied or until such request is withdrawn. Unless additional time is granted by the City Council, the City Attorney shall prepare a preliminary non-binding report within forty-five (45) calendar days after receipt of a complete and sufficient application. The report shall be supported by written findings of fact and conclusions of law based on the information and evidence furnished at the application stage. (c) The City Attorney shall submit the report to the City Council. A copy of such report shall be provided to the applicant and the City Manager. Upon receipt of the City Attorney's report, the City Manager shall schedule aup blic hearing before the City Council regarding the application for vested rights. Sec. 115-9. Supplemental Evidence. Within seven (7) calendar days after receipt of the written report by the City Attorney, the applicant may supplement the information contained in their application. City of Cape Canaveral Ordinance 27-2003 Page 7 of 10 Sec. 115-10. Vested Rights Agreements. Nothing contained in this Article shall prohibit the City Council from entering into a vested rights agreement with a Part purposes of resolving any claim for vested rights. Sec. 115-11. Public Hearing. (a) The City Manager shall schedule a public hearing before the City Council to be held within thirty (30) days of the City Manager's receipt of either (i) the written report by the City Attorney; or (ii) a proposed vested rights agreement. All hearings shall be open to the public and shall be advertised in a newspaper ofe�neral circulation not less than ten (10) days prior to the date of the hearing (c) The parties before the City Council shall be the applicant, the applicant's witnesses, if any, city staff, interested members of the public, if any, and witnesses of the interested members of the public, if any. Any interested member of the public who participates at the hearing shall leave his or her name and mailing address with the city clerk. Testimony and evidence shall be limited to matters directly relating to the application and Development. Irrelevant, immaterial or unduly repetitious testimony or evidence may excluded. (e) The applicant shall have the burden of coming forward with the evidence and the burden of proof. The decision of the City Council shall be based on competent substantial evidence. (f) Minimum due process procedures shall apply including notice, an opportunity to be heard in person or by counsel. and the riaht to cross-examine witnesses. Cross examination shall be confined as closely as possible to the scope of direct testimony. The City Council reserves the right to call and question witnesses or request additional evidence as they deem necessary and nd appropriate. To that end, if during the hearing the City Council believes that any facts, claims, or allegations necessitate review and response by either the applicant, city staff, or both, then the City Council may continue the hearing until a date certain. The City Council shall decide all questions of procedure and standing. (g) The City Council shall approve or deny in whole or in part the claims of the applicant. Such decision shall be rendered in writing within fourteen (14) calendar days after the hearing concludes. The decision of the City Council shall contain findings of fact and conclusions of law, and shall provide the legal description of the property to which it applies. It may contain reasonable conditions necessary to effect the purposes of this City of Cape Canaveral Ordinance 27-2003 Page 8 of 10 Article. The decision shall be filed with the Ci!y Manager and a copy provided to the applicant by certified mail, return receipt requested. Sec. 115-12. Issuance vested rights permit. If the application for a vested rights permit is granted the City Manager shall issue a vested rights permit allowingthe he applicant to develop or continue to develop the vested Development in question, notwithstanding any provision of the City's Comprehensive Plan or land development regulations with which the continued development would otherwise appear to be inconsistent Sec. 115-13. Judicial review. Any Person aggrieved by a final decision of the City Council under this Article shall have the right to appeal the final decision to a court of competent jurisdiction. The record before the circuit court shall consist of the complete record of the proceedings before the City Council Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City Charter. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance 27-2003 Page 9 of 10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral Ordinance 27-2003 Page 10 of 10 t. bq y z 2 Q > w , a3 .b tO 0 N U N CO Q � t. bq y z 2 Q > w , VESTED RIGHTS APPLICATION Property Owner: Property Owner Address: Project Name, if any: Subject Property Address: Legal Description Subject Property: (Attach separate sheet if necessary) State Factual Basis for Application: (Attach separate sheet if necessary) Telephone: () Is a memorandum of law attached by a licensed Florida Attorney? ❑ Yes ❑ No If Yes, please provide: Attorney Name: Attorney Address: Is supporting information upon which application is based attached? ❑ Yes ❑ No If Yes, please summarize the documents and information provided: Please provide the name, address, and telephone number of any witness you intend to present in support of the application. For each such witness attach a summary of the testimony to be provided. Name: I Address: Telephone: Please add any other information you believe is reasonably required by the City Manager or City Attorney in reviewing this Application: I HEREBY CERTIFY the undersigned has read the application and relevant supporting information and that to my best knowledge and belief the same is true and correct. Further, I understand, in accordance with Section 115-7(d) of the City Code, I have an affirmative duty to correct any statement or representation contained herein when found to be incorrect or which becomes incorrect by virtue of changed circumstances. Print Name: Title: STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me the undersigned authority this day of , 20_, by , who ❑ is personally known to me or ❑ who provided as identification. Notary Public My Commission Expires: Meeting Type: Regular Meeting Date 11-18'-03 AGENDA Heading Ordinances -2nd Reading Item 5 No. This proposed ordinance would establish an appeal procedure to the City Council. This is similar to the site plan AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 39-2003, AMENDING SECTION 22-46, PROVIDING FOR APPEAL TO THE CITY COUNCIL OF A COMMUNITY APPEARANCE BOARD DECISION DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider adoption of Ordinance No. 39-2003, amending Code Section 22-46, providing for appeal to City Council of a Community Appearance Board decision. Summary Explanation & Background: Currently, the Community Appearance Board is a quasi-judicial board and any appeal would be to file an action in circuit court. This proposed ordinance would establish an appeal procedure to the City Council. This is similar to the site plan appeal ordinance. An appeal process would allow time to review for record and introduce new information. I recommend approval. Exhibits Attached: Ordinance No. 39-2003 City Manager's Office Department LEGISLATIVE kim\my oc admin\council\meeting\2003\11-18-03\39-2003.doc ORDINANCE NO. 39-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 22-46 OF THE CAPE CANAVERAL CODE; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Community Appearance Board is a final quasi-judicial board, charged with the review of all plans, elevations, and proposed signs for buildings or structures within the City; and WHEREAS, the City Council desires to provide for an administrative appeal procedure from decisions of the Community Appearance Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 22-46 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 22-46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). *** 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 aMopriate relief in a mramer provided by gencial iaw appeal the decision to the City Council in accordance with !be followin-g procedures �'he filing of an avneal City of Cape Canaveral Ordinance No. 39-2003 Page 1 of 3 under this section stays the action of the Community Appearance Board until a decision by the City Council is rendered. W The aggrieved party mgy not laser than ten (10) calendar days after receiving notice of final action by the Community Appearance Board, file with the City Clerk a written request for an appeals hearing; before the City Council If a written Muest is filed within the ten (10) day limit and as otherwise provided above the City Council shall consider the request. The City Council shall hear, and make a determination on the appeal within thirty (30) days from the date the written request for an MMI is received by the City Clerk. The_pplicant shall be provided notice of the City Council hearing at least seven (7) days prior to the Council hearing. cW The City Council shall hear and consider evidence offered by any interested person to determine whether the Community Appearance Board prperly denied an application for approval in accordance with the City Code and City Comprehensive Plan. The formal rules of evidence do not apply. The City Council shall grant or deny the appeal by majority vote in accordance with the Council's quorum requirements contained in the City Charter. Failure to reach a majority vote will result in denial of the appeal Any dispute of fact must be decided on the basis of a coat petent and substantial evidence The decision of the City Council is final Judicial review of any final decision under this Article shall be available only after the administrative procedures and remedies set forth_ in this section have been exhausted. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4• Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may he changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 39-2003 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading- Legal eadingLegal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FADecslCity of Cape Canaveral\Ordinances\CAB—AmOW—Section_22-46_39.2003.wpd City of cape Canaveral Ordinance No. 39-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 11-18-03 AGENDA Heading Ordinances -2nd Reading Item 6 No. consistent with state law, rolls up all the prior budget amendments into a final budget ordinance for the 2002/03 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 40-2003, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/03 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider adoption of Ordinance No. 40-2003, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year ending 09- 30-03, as recommended by the city treasurer. Summary Explanation & Background: During the 2002/03 fiscal budget year, City Council revised and passed amendments to said budget. This ordinance, consistent with state law, rolls up all the prior budget amendments into a final budget ordinance for the 2002/03 fiscal year. The city treasurer will be available to answer questions about this proposed budget ordinance. I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 40-2003; 2002/03 Budget Amendment Summary City Manager's Office Department ADMINISTRATION/FINANCE cape—-CNK1m\my1f-u n tyamin\council\meeting\zuo3\11-18-03\40-2003.doc ORDINANCE NO. 40-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUN'T'Y, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30,2003; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2002, and ending September 30, 2003, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day October, 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Robert Hoog Susan Stills, CITY CLERK James Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony A. 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N Q N W O O O O co O W V OMO M 0 0 0 0 ONO 0 0 0 0 COO LO 0 0 0 0 0 N Q CO 00 O M M- CA IO CT LA p J O m CO O LO OM N N - N N N In O O O O r ... W U Z z W Q Z C w Q Z =, d x a- w> az? w �U) Z O w U O Q m LL Q w U OZW U)ZZZw0 U Q W LL z� 0 W p =) Lu Z Z w 2 U) V � w U O Q wcoo Q�uw) �ac�OLl W zQU pc�U06 -Z O Q OF U) W LL>- W O p Zo Z� w z Z Z F -w Z Z Q W W (_A p< >coJ?3: p W a��-��—Ji�Z WQF-W W W X20�QOWO w0Z)fn2w W WU�ED00w0 O O O O O M O O O r- O — — O W knio 0 0 0 0 w fn (0 N V CSO O O M = m LMC) OM W _ _ _ CM c) M M 0 0 0 W Q C) Ch Ch C'7 CA p LO LO LO Ln m m m Z O�� 'P Cfl Z 0 0 0 0 0 0 (A Z Ch CM M M CM t 0 0 0 0 0 �7 'It It d' 2 Q O o 0 0 o O O It I- It 1 ' CO W F- a Z W CL X W p Z LL W W U) p W p Z W Q Meeting Type: Regular Meeting Date 11-18/03 r AGENDA Heading Resolutions item 1 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-43, APPROVING THE FINAL REPLAT OF GABRIEL BY THE SEA DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider the adoption of Resolution NO. 2003-43, approving the final replat of Gabriel by the Sea, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning & Zoning Board recommended approval of this replat at their 10-22-03 meeting. I recommend approval. Exhibits Attached: Resolution No. 2003-43; 10-23-03 P&Z memo City Manager, Office Department P&Z/GROWTH MGMT c im\ yd is\admin\co 1\meeting\2003\11-18-03\2003-43.doc RESOLUTION NO. 2003-43 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE- PLAT OF "GABRIEL BY THE SEA"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James D. Houston and Joy Morgan Gabriel, have 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 Final Re -Plat for Gabriel By The Sea — Section 23, Township 24 South, Range 37 East, Lot 7, Block 30, Avon -by -the -Sea, Brevard County, Florida 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 18th day of November 2403. ATTEST: Susan Stills, CITY CLERK APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Rocky Randels, MAYOR ... Steve Miller Jim Morgan Rocky Randels Richard Treverton E:\CityCik\Resolutions\PLATS\FINAL\2003\Gabrief by the Sea.doc FOR AGAINST Date: October 23, 2003 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Gabriel by the Sea - Final Re -Plat (502 & 504 Jackson Avenue) ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting held on October 22, 2003 the Board members, by unanimous vote, recommended approval of the above referenced final replat. Please schedule this Final Replat for approval by City Council at their next scheduled meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 11-18-03 AGENDA Heading Resolutions Item 2 No. City Manager's Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-44 ELECTING A MAYOR PRO TEM DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider from its members the selection of Mayor Pro Tem. Summary Explanation & Background: Please advise. Exhibits Attached: Resolution No. 2003- �-x City Manager's Office Department LEGISLATIVE ca im\ ydoc \councii\meeting\2003\l.t-i8-03\elect.cloc RESOLUTION NO. 2003-44 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida, requires the City Council to annually elect from its membership a Mayor Pro Tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. is hereby elected as Mayor Pro Tem of the City of Cape Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the duties and responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such capacity until the next annual election. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of November, 2003. ATTEST: Rocky Randels, MAYOR FOR AGAINST ... Susan Stills, CITY CLERK Steve Miller APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Jim Morgan Rocky Randels Richard Treverton \\Cape-nt\cityclerk\CityClk\Resolutions\Etections\2003 Mayor Pro Tem Appointment.doc