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Agenda Packet 05-02-2000
City of Cape Canaveral _ CITY COUNCIL REGULAR MEETING CM Cw CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 2, 2000 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATIONS: Emergency Medical Services Week National Healthcare Week & National Nurses Week National Public Works Week ORDINANCE — First Reading: 1. Motion to Approve: Ordinance No. 06-2000, for Second Reading: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARC COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNIN( SETTING FORTH AND ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT AS PROVIDED IN CPA -00-1, WHI( SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND U: MAP FROM R-1, LOW DENSITY RESIDENTIAL TO R-3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY DESCRIBEI AS PARCELS 251,253 AND 255 IN SECTION 26 AND 27, TO TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DAT 2. Motion to Approve: Ordinance No. 07-2000, for Second Reading: AN ORDINANCE OF THE CITY OF CAFE CANAVERAL, BREV/ COUNTY, FLORIDA, REPEALING SUB -PARAGRAPH (3) OF PARAGRAPH (a) SECTION 110-470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTION AND PROVIDING FOR AN EFFECTIVE DATE. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net Canaveral City Council Ilar Meeting Agenda 2, 2000 ,2 CONSIDERATIONS: 3. Motion to Approve: Regular City Council Minutes of March 21, 2000 and April 18, 2000. 4. Motion to Approve Planning Services Agreement with Todd Peetz, Planning Partnership 5. Motion to Approve: Change Order to Carl Hankins, Inc., for the Reclaimed Water Project Banana River Boulevard Extension. 6. Motion to Approve: DCA Drug Control and System Improvement Program Funds. RESOLUTIONS: 7. Motion to Approve: Resolution No. 2000-12; Appointing One Regular and One Alternate Member to the Beautification Board. (Judy Hale and Elizabeth Mays) 8. Motion to Approve: Resolution No. 2000-13; Appointing One Regular Member to the Recreai Board. (Art Berger) DISCUSSION: 9. Renaming Tower Boulevard 10. Local Government Infrastructure Surtax REPORTS: AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal ai decision made by the City Council with respect to any matter considered at this meeting, that person will need a record 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. WHEREAS, emergency medical servi:.es s a vital public service; ,and WHEREAS, the members of Coastal qaaith Systems and other emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and WHEREAS, access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness of injury; and WHEREAS, emergency medical services providers, such as Coastal Health Systems, have traditionally served as the safety net of America's health care system; and WHEREAS, emergency medical services teams consist of emergency physicians, emergency nurses, enrergency medical technicians, paramedics, educators, administrators, and others; and WHEREAS, approximately two-thirds of all emergency medical services providers are volunteers; and WHEREAS, the members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their iifesaving skills; and WHEREAS, Americans benefit daily from the knowledge and skills of these highly trained individuals; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, it is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and WHEREAS, injury prevention and the appropriate use of the EMS system will help to reduce national health cur;::.a� NOW, THEREFORE, 4eis, Mayor of the City o� Cape Canaveral, Breve..rd Ccunty, Florida, in recccnition of alis event do heraby proclaim the week of May 14 — 20, 2000 as EMERGENCY MEDICAL SERVICES -WEEK And encourage the community to observe this week with appropriate programs, ceremonies and activities. WHEREAS, the American Hospital Association has proclaimed May 7 — 13, 2000, as National Healthcare Week, and the American Nurses Association has declared the week of May 6 — 12, 2000, as National Nurses Week; and WHEREAS, individuals all across the country will be celebrating these time-honored events; and WHEREAS, the hard-working people that compose healthcare entities deserve universal regard and appreciation for keeping our community health; and WHEREAS, the cost-effective, safe and quality services provided by these healthcare professionals will be an ever more important component of the U.S. healthcare delivery system in the future; and WHEREAS, the healthcare professionals at Cape Canaveral Hospital continue to provide quality patient care to the citizens of Cape Canaveral. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of May 7 — 13, 2000 as NATIONAL HEALTHCARE WEEK Coupled with the dates of May 6 — 12, 2000, as NATIONAL NURSES WEEK in the City of Cape Canaveral WHEREAS, public works services provided in our community are an integral part of our citizens' everyday lives; and WHEREAS, the support of an understanding an informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, solid waste collection, parks and canal maintenance; and WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their panning, design, and construction, is vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. WHEREAS, this year's theme "Proud to Care", is a tribute to the positive improvements public works employees have made to our communities. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of May 21 — 27, 2000 as National Public Works Week In the City of Cape Canaveral, and calls upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Meeting Type: Regular Meeting Date: 05-02-00 AGENDA Heading Ordinances Ist Readin Item No. 1 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-00, ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider this large scale comprehensive plan amendment to the future land use map as recommended by the Planning & Zoning board. Summary Explanation & Background: This amendment corrects the R-1 designation of the three affected parcels to R-3. Staff research has indiated that those parcels were incorrectly designated as R-1 in the 1980's and the property owners have requeste the city to correct the error and designate those parcels as R-3. See attached data analysis. I recommend approval. Exhibits Attached: Ordinance No. 06-00; data analysis City Mana ' ffice Department P&Z/GROWTH MGMT :/a co ' /mee ' g/2 06-OO.doc J ity of Cape Canaveral O R A N D U M To: Sandra Smith, CMC, City Clerk From: Dennis E. Franklin, CBO, Building Official Re: Recommendation to City Council: Proposed Comprehensive Plan Amendment 00-01 Amending the Future Land Use Map From R-1 to R-3, Sections 26 & 27, Township 24 South, Range 37 East, Parcels 251, 253 & 255. At the Planning & Zoning Board meeting held on April 26, 2000, the Board reviewed the above referenced Comprehensive Plan Amendment. By unanimous vote, the Board members recommended approval to the City Council. Please schedule this item on an upcoming City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net ORDINANCE NO. 06-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT AS PROVIDED IN CAP -00-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FROM R-1, LOW DENSITY RESIDENTIAL TO R-3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY DESCRIBED AS PARCELS 251, 253 AND 255 IN SECTIONS 26 AND 27, TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161 established the Local Government Development Regulation Act; and et. Seq. Florida Statutes (1987) Comprehensive Planning and Land WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the city of Cape Canaveral, Florida, adopted the 1988 City of Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1988 Plan; WHEREAS, the City of Cape Canaveral has applied for a large scale future land use map comprehensive plan amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "A: and incorporated herein by reference), effecting a parcel of land, for adoption in the calendar year 2000 as a single amendment; and WHEREAS, this Amendment will not cause the City pursuant to Section 95-11.00, Florida Administrative Code, to exceed its twice yearly maximum allowance for comprehensive plan; and WHEREAS, on April 26. 2000, the Planning and Zoning Board sitting as the Land Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council that the 1988 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and WHEREAS, on May 2, 2000, the City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting written and oral comments, and the recommendation of the Land Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of Community Affairs; and WHEREAS, on , 2000, the City Council of the City of Cape Canaveral held a duly noticed public adoption hearing on the proposed Amendment set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, as well as the Objections, Recommendations, and Comments of the Florida Department of Community Affairs, and after complete deliberation, approved (with modifications to the original proposed amendment based on DCA's ORC Report and adopted the proposed Amendment hereunder; and WHEREAS, the Amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.184, 163.3184, 163.187 and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this ordinance to clarify expand, correct, update, modify and otherwise further the previsions of the 1988 City of Cape Canaveral Comprehensive Plant. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to the Large Scale Future Land Use Map Comprehensive Plan Amendment CPA-00-1to the 1988 Comprehensive Plan, the City of Cape Canaveral Future Land Use Map is hereby amended as specifically provided in Exhibit "A", attached hereto. SECTION 5. Transmittal to Department of Community Affairs. The City Manager is hereby designated to sign a letter transmitting this amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)©(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. SECTION 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 7. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 8. Effective Date and Legal Status of the Plan Amendment. The effective date of the amendments adopted by this Ordinance shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendments in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment adopted herein shall amend the 1988 Comprehensive Plan and become a part of that plan, and the plan amendment shall retain the legal status of the 1988 City of Cape Canaveral Comprehensive Plan, as amended. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Smith, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: G:1CityClk\Ordinances\ZONING1Comp Plan Amendment R-1 to R-3.doc hi is your proof of your ad# 1 in�ing i SI;.GN� 0 2-3 PUBLICATION A & DATE. you Ido not have corrections, Please call to release Your ad for Publication. LOCAL FAX (800) 633.8449 32 )242x3561 (321)242.3933 X3561 Th nk You for Advertising with FLORIDA TODAY n0p,4 Ri;;z :Composite NOTICE OF CHANGE OF COMPREHENSIVE PLAN To Insure Timely Processing Of Your Ad To Most Our Press Time. Please Call Or Fax Your Pertinent Corrections BEFORE D�V/DATE Ti E The City of Cape Canaveral will be considering an Amendment to the Comprehensive Plan and Future Land Use Map_ The Planning and Zoning Board acting as the Local Planning Agency will hold a public hearing concerning the Comprehensive Plan Amendment on Wednesday, April 26, 2000 at 7.30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Subsequently, the City Council will hold its First Public Hearing to consider Ordinance No. 06- 2000 on Tuesday, May 2, 2000 at 7 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Comprehensive Plan Amendment sets forth and adopts the first plan amendment for 1998 as provided in CPA 01-00, which shall amend the Comprehensive Plan and Future Land Use Map_ ORDINANCE NO. 06-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING-, SETTING FORTH AND ADOPTING A LARGE ar.nl P: Fi ITi IRF LAND USE MAI:' AMENDMENT AS PROVIDED IN CAP -00-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FROM R-1, LOW DF..NSITY RESIDENTIAL TO R-3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY DESCRIBED AS PARCELS 251, 253 AND 255 IN SECTIONS 26 AND 27, TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA,- PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE- I"--- ATE_I"---- — — - — Interested parties may inspect the proposed Ordinance, and proposed Comprehensive Plan Amendment which includes the proposed future land use map, in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Ordinance. 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 Cleric's office (868- 1221) 48 hours in advance of the meeting. Sandra O. Smith, CMC City Clerk a„b,, xyaoZ i'QI2ou L99C UZ TZC Y'3 90:TT IHJ[ OO/TZ/ 0 is Os your Proof of your ad# To Insure Timely Processing 9 Sall , on 16 Your Ad To Meet bur PUBLICATION DAY A DATE. . Press Time. u dd not have corrections lease call to rel a our ad for ubLcation, Please Call Or Fax Your : P eat y p Pertinent Corrections 1.CAl. FAX (800) 633.8449 BEFORE !1)242-3561 (321)242-3933 X3561 S� la k You for Advertising with FLORIDA TODAY DAYIDATE 'MIME Ad#:R11849 Date:04/16/00 Day SUN Size:2X14 Cust=TY:0*F-cApE CANAVERAL Salesperson:0009 Creator:JMAXWELL Pub:DAILY Tag Sa� "t4& Line:NOTICE OF CHANGE Color Info: R11849 - Composite NOTICE OF CHANGE OF COMPREHENSIVE PLAN The City of Cape Canaveral will be considering an Amendment to the Comprehensive Plan and Future Land Use Map. The Planning and Zoning Board acting as the Local Planning Agency will hold a public hearing concerning the Comprehensive Plan Amendment on Wednesday, April 26, 2000 at 7:30 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral; Florida. The Comprehensive Plan Amendment sets forth and adopts the first plan amendment for 1998 as provided in CPA 01-00, which shall amend the Comprehensive Plan and Future Land Use Map. ORDINANCE NO. 05-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT AS PROVIDED IN CAP -00-11, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LANU USE MAP FROM R-1, LOW DENSITY RESIDENTIAL_ TO R-3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY DESCRIBED AS PARCELS 251, 253 AND 254 IN SECTIONS 26 AND 27, TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. uIA PVfUA6 Lum Use di: Mew® a ,K.,..— YY 07 CAi9 WAMUL rcLi uarwau2cm PW Interested parties may inspect the proposed Ordinance, and proposed Comprehensive Plan Amendment which includes the proposed future land use map, in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Ordinance. 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. Sandra O. Smith, CMC City Clerk R„"„ Avaol VaIE011 L99C ZfZ TZC X'3 CZ:60 I2Ii 00/tT City of Cape Canaveral Proposed Plan Amendment 00.1 Applicant: Location: Acreage: City of Cape Canaveral Range: 37 Township: 24 Sections: 26 & 27 Parcel(s) Portion of Parcels 251, 253, 255 5.8 + or- acres 4 Current Future Land Use: Proposed Future -Land Use: Current Zoning: Residential R-1 Residential R-3 Residential R-3 Description of Amendment Area: The subject parcels are zoned R-3 multi -family residential. The future land use is R-1 single- family residential. This amendment is to correct and inconsistent zoning by amending the future land use map. The subject parcels have been zoned R-3 since 1973. The subject parcels are developed as residential. The subject parcels are located approximately 400 feet west of State Route AIA. It is situated adjacent to existing commercial (east), and existing R-3 multi -family residential (north) and R-1 single-family residential (south) and the Banana River is on the west boundary. The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the north. There is "R-1" (Single Family Residential a maximum of 6 dwelling units per acre), to the south. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east. The subject parcels are approximately 5.8 acres and are consistent with the existing R-3 mutli- family residential adjacent to the north. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist with 8,492 residents in Cape Canaveral. This equates to almost 3 acres of park land per 1,000 residents. State Route AIA is operating at Level of Service "E" with 3,454 peak hour trips. The maximum peak -hour volume acceptable is 3,580 representing a LOS of "E". The proposed change with the maximum potential development could generate 87 peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.35 MGD with an excess capacity of .45 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcels have single-family homes on site. There are no wetlands, or aquifer recharge soils or conditions associated with the subject parcel. The 500 -year floodplain is associated with the shoreline of the Banana River. The Brevard County Soil Survey Map has categorized the subject parcel as "Ca" - Canaveral Complex, gently undulating and "Pb" Palm Beach Sand. The parcels are 5.8 + or - acres and there are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeological sites located on site or in the area surrounding the subject parcel. Population Projections and Trends: The proposed amendment will potentially add a maximum of 87 dwelling units. This could equate to approximately 218 persons but should not have an adverse impact on population projections. Consistency with the Comprehensive Plan: This amendment is consistent with the following Comprehensive Plan Objectives: Future Land Use Element Objective LU -1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. The proposed amendment is within acceptable level of services standards and does not impact existing environmental conditions. Objective LU -3: The City will work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The proposed amendment is not an incompatible use with existing residential uses Objective L U-4: The City shall enforce its regulations for protection of natural resources and historic resources. " As describe above, there are no known historic or archaeological sites on-site. There are no detrimental environmental conditions observed on-site. CS bfl bG R3 Ra Ra bH X3 CON a� RZ 0 hm Cl m�GO CIml R1 yINI(—SII C2 bII r9 J r9 Cl R3 az Q a Da C NTRAL BLVD Sf CE RAL BLVD u a j �= cl Q z 9 a r CON R2 st alu v n z sa 4:)R3 22 �o pe CL a ss pus Ct z pus a9 pns R3 ., ss Cl Ct Cl R2 R2 is anoaao� CON oc�caan C, Fc -q Im00[�R�i� s, Fa- cspu. o�v C1 c�ca0o u BANANA RIVER BR02 ��_ ATLANTIC OCEAN BR95 ���� _. BR91 000c�� y pus pOs si BR940 > � � � ❑ x pus st 12 sx 3z BR93 Cs �0� s Fc- Q c�oocL Im 33 PROPOSED PLAN BR98 a Calm AMENDMENT 00.1 0[� FUTURE LAND USE FROM R, TO R3 u Cl COMMERCIAL C2 COMMERCIAL/MANUFACTURING RI INDUSTRIAL rs ���� R1 RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC/RECREATION a CON CONSERRVATION AREA 0 0 ARCHAELOGICAL SITE u �� u IV SCALE: fir 0 500 1000 CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 Ivey, Harris & Walls rl cc. fD KANNEM- 910NEM . LAOCA.E $ 4S1 i � anon pawn. SNIT S49.MIwv .M. R fMm ) • itl • SW fr <9f • 4!S • iSp JOB NO. 988.04 DATE 01—,;qg f• �vaa�ooue>.a�u4rs�f1cn3<aafPl 994 April 5, 2000 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Reconfirmation of R-3 Zoning of Parcels 253 and 255 Greetings: 6419 NORTH ATLANTIC /VENUE CAPE CANAVERAL, FLORIDA 32920 407-784-2794 It has come to our attention that through the efforts of our neighbor Mrs. Billie LaChance and City research it has been determined that our land along the river in Cape Canaveral is an R-3 zone despite a zoning map of 1983 and another in 1988 showing R-1 John and Michelle Porter, my son and his wife, own parcel 255 and I own parcel 253 in Sections 26 and 27, Township 24S and Range 37E. We join Mrs. LaChance in her request for reconfirmation of the R-3 zoning classification. This classification was given us in 1973 after joint application by the late Mrs. William Chandler, Mrs. La Chance's mother; myself and the late Mrs. Albert Dunson. At that time we were also faced with a sudden drop to R-1 from a multiple zoning classification. Thank you for your efforts in our behalf. Sincerely, ei-01—?SORTER In e K. PO ' `/ RTER MICHELLE J. PORTER JJP:h cc: Mrs. E. LaChance City of Cape Canaveral Proposed Plan Amendment 00.1 Applicant: Location: Acreage: Current Future Land Use: Proposed Future Land Use: Current Zoning: City of Cape Canaveral Range: 37 Township: 24 Sections: 26 & 27 Parcel(s) Portion of Parcels 251, 253, 255 5.8 + or - acres Residential R-1 Residential R-3 Residential R-3 Description of Amendment Area: The subject parcels are zoned R-3 multi -family residential. The future land use is R-1 single- family residential. This amendment is to correct and inconsistent zoning by amending the future land use map. The subject parcels have been zoned R-3 since 1973. The subject parcels are developed as residential. The subject parcels are located approximately 400 feet west of State Route AIA. It is situated adjacent to existing commercial (east), and existing R-3 multi -family residential (north) and R-1 single-family residential (south) and the Banana River is on the west boundary. The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the north. There is "R-1" (Single Family Residential a maximum of 6 dwelling units per acre), to the south. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east. The subject parcels are approximately 5.8 acres and are consistent with the existing R-3 mutli- family residential adjacent to the north. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents Approximately twenty-four (24) acres of park land exist with 8,492 residents in Cape Canaveral This equates to almost 3 acres of park land per 1,000 residents. State Route AIA is operating at Level of Service "E" with 3,454 peak hour trips. The maximum peak -hour volume acceptable is 3,580 representing a LOS of "E". The proposed change with the maximum potential development could generate 87 peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.35 MGD with an excess capacity of .45 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcels have single-family homes on site. There are no wetlands, or aquifer recharge w soils or conditions associated with the subject parcel. The 500 -year floodplain is associated with the shoreline of the Banana River. The Brevard County Soil Survey Map has categorized the subject parcel as "Ca" - Canaveral Complex, gently undulating and "Pb" Palm Beach Sand. The parcels are 5,8 + or - acres and there are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeological sites located on site or in the area surrounding the li subject parcel. Population Projections and Trends: The proposed amendment will potentially add a maximum of 87 dwelling units. This could equate to approximately 218 persons but should not have an adverse impact on population projections. Consistency with the Comprehensive Plan: This amendment is consistent with the following Comprehensive Plan Objectives: Future Land Use Element Objective LU -1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. The proposed amendment is within acceptable level of services standards and does not impact existing environmental conditions. Objective LU -3: The City will work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The proposed amendment is not an incompatible use with existing residential uses. Ohjective LU -4: The City shall enforce its regulations for protection of natural resources and historic resources. " As describe above, there are no known historic or archaeological sites on-site. There are no detrimental environmental conditions observed on-site. w lis lis your Proof of your ad# /J �°• To Insure Timely Processing fining i `� U /'1 ' on Y 16 Of Your Ad To Meet Our PUBLICATION DAY & DATE. Press Time. iu do not have corrections lease calf to release your ad for pubbcatton, Please Call Or Fax Your LOCAL Pertinent Corrections FAX (800) 633.8449 BEFORE 21)242-3561 (321)2'42-.3933 > X3561 to k You for Advertising with FLORIDA TODAY DAY/DATE 'TIME Adt:R11-84.9 Date:04/16/00 Day:SUN Size:2X1'4 CustZLTYjo'F_6� CANAVERAL Salesperson:0009 Creator.JMAXWELL Pub: DAILY Tag /t Line:NOTICE OF CHANGE Color Info: 811849 - Composite CHANGE COMPREHENSIVE The City of Cape Canaveral will be considering an Amendment to the Comprehensive Pian and Future Land Use Map. The Planning and Zoning Board acting as the Local Planning Agency will hold a public hearing concerning the Comprehensive Plan Amendment on Wednesday, April 26, 2000 at 7:30 p.m. In the City Hall Annex, ill Polk Avenue, Cape Canaveral, Florida. The Comprehensive Plan Amendment sets forth and adopts the first plan amendment for 1998 as provided in CPA 01-00, which shall amend the Comprehensive Plan and Future Land Use Map. ORDINANCE NO. 06-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING A LARGE SCALE FUTURE LAND USE MAP AMENDMENT AS PROVIDED IN CAP -00-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP FROM R-1, LOW DENSITY RESIDENTIAL TO R-3, MEDIUM DENSITY RESIDENTIAL FOR THE REAL PROPERTY DESCRIBED AS PARCELS 251, 253 AND 254 IN SECTIONS 26 AND 27, TOWNSHIP 24, RANGE 37E, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ■Q�: =rGRi' 1 MQU LWO 6 +rcwuaoc sQ 0 tiff �� SY cs cog CA.YAM." rca use Interested parties may inspect the proposed Ordinance, and proposed Comprehensive Plan Amendment which includes the proposed future land use map, in the Office of the City Clerk at City Hall and may appear at the hearing and be heard with respect to the proposed Ordinance. 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. Sandra O. Smith, CMC Clerk ____. IvaoZ aoij ____ . _.. 199C ZtZ TZC TF3 S7: Rn TN -T nn; tl,a1-n Cl A•!1 Lil 10 1� 8J CCU B2 09 a G I Tp I a I In a a �� C2 3f1 ai� I R2 ma aa >u C NTRAL BLVD R Ca: RAL BLVD xsL Cal 11 Ct a C2 e R2 CDN R] c, Cl RZ a' 9 R2 o R3 R2Ra Cl F me a z pp9 r YOB .. Ra a a a � � �N anaoc1o >u nar�!]ooR3 E-!] Fw-� -m] F'2-1 R2 R3 13 a a 12 » BANANA RIVER BW2 a2�� 23 ATLANTIC OCEAN BR95 a [�!] FR2 is BR91 E!�flFiFm��q X3 BR94 > ��E�w>� BR�a �Fii-] R, a113 Ivey, Harris & Walls, Inc. PLANNMe. BX"1Re . 1AH19OAK M04T 3 JOB NO. 988.04 DATE: 01-05-99 .•\>90.1\9D9diD.\M.Gl�i1C�-3afw�.sDt�t /ENUE \ 32920 oac R3 BR96 Q PROPOSED PLAN AMENDMENT 00.1 OC --- FUTURE LAND USE FROM R+TOR] 13 OQL C1 COMMERCIAL C2 COMMERCIAL/MANUFACTURING Ml INDUSTRIAL RI RESIDENTIAL cY U� R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC/RECREATION Qo CON CONSERVATION AREA ARCHAELOGICAL SITE R3 V SCALE: 0 500 1000 ' I� 1�I ?'.ie;vi• CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 Ivey, Harris & Walls, Inc. PLANNMe. BX"1Re . 1AH19OAK M04T 3 JOB NO. 988.04 DATE: 01-05-99 .•\>90.1\9D9diD.\M.Gl�i1C�-3afw�.sDt�t /ENUE \ 32920 ..ow AM silo -�MMM1I % ■� 1k, Ml � BB''1 M1 !! il!1Rlil aft sum Ov all Bill . Bi1wl lot F` #It1li I.:01,101 I ilali Sill 'r mews. was1#!!!i !1 I VIM11 '6!111! Ponta lfiN3i Illi!, 11BlM Vis. 1tMt uuml 1 M For wgz=� Milill tMail ) �� g !1'111 M WIN! � i^ malatiolow i" ,sf'1 I -a- 111 IM �t �I s 1<fIIII ■i.m It 1 ammall"MIlis;fial earl!! Illij;IJIG 11111 No, —10 Iloilo 51,11: 011 � I MBB -,r ate■ 1< 161611"` il1111 Ma� s a,, ■■!e, 611611�IstE . X15 IB� iBBIlt1r a� BIilMF All a I� � I�rs ■Ina rr.n� ,; II$�l B11id11 fill! �llll; • ■':11'6 MW A/� I Ilk i!■■ti no 0 a ORDINANCE NO. 17 -73 paz&� AN ORDINANCE AMENDING ORDINANCE NO. 12-71. AS AMENDED, WHICH AMENDS SECTION IV. 1. THEREOF AS TO ZONING DISTRICT CLASSIFICATION' CI?ANGiNG FROM R-1 CLASSIFICATION TO R-3 CLASSIFICATION, CERTAIN LAND LYING IN SECTIONS 26 AND 27, TOWN- SI-iIP 24 SOUTH, RANGE 37 EAST AND LOTS 3, 4 AND 5, GAE RETREAT, CONTAINING 9.17 ACRES; PROVID- ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. That Section IV. I O the City of Cape Canaveral Ordinance No. 12-71 as amended is hereby amended to reflect on the Official Zoning Map and Official Zoning District of the City of Cape Canaveral, a classification of R-3 for the following described land: That portion of Sections 26 and 27, Township 24 South, Range 37 East, extending South from the North line thereof, to a line 90, 85 feet North of the North line of Holman Avenue as eltended, and Lots 3,'4 and 5, GAE RETREAT, according to the plat thereof as recorded in Plat Book 11, page 45 of the Public Records of Brevard County, Florida, less and except that portion of the above described land which lies East of the existing boundary between R-1 and C -T of said Section 26. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective im- mediately upon said change herein described being duly entered upon the Official Zoning Map. ADOPTED by the City Council of the City of Cape Canaveral, Florida, t'ni.s 15TH day f MAY 1973. Maybr Attest: City Clerk 'Approved as to form: FIRST READING: MAY 1, 1973 i- POSTED:' MAY 2, 1973 SECOND READIi`JG: F14Y 15 1973 City Attorney j , M3 +•TO Cl, rc n 1;,, ;�� `Y7 r1� 1F: l�� y :r� ✓-. .i r'l /r -.t17� t'r�' T-.��"k�,�; +: t PL• ` v) b ,Sr i t � 4 S ; f � t , �, ri i •v + {-T f r i . �i'. �� t � � �. .r. ; 't. .. r' r_ -' ^•. � Y' rr 'l. d ISS t Y�' ...- � s CITY y CLER f IVB I. J ON APRIL 3r'd OF 1973 BY _,OFFICIAL -"-'':z: ACT _OFyTHE 'CI:TY CQUNCIt_ a �FOLL.OWING CHANGE_ WAS; MADE .1N _ ti r. THE .OFFICIAL :ZONING"MAP Jr r; RCEL OE LAND 'S. E; OF.,:THE r f k _ CITY- ERK :t 9A1 MAY 15th.t 1973 BYOFF(CIALACT fOF TH.E CITY ~COUNCIL'; THE` FOt'LOWIN-G, CHANGE WAS MADE .SIN T_HE �' � '- �, W OFFICIAL ZONING MAP :;THAI PORT.10t OF :SECTION AND 2.7_, TOWNSHIP, 24' SOUTH; RANGE 37 EAST EkT_ENDING-SOUTH FROM T --Fl 'H LINE THEREOF aT0 A- LIN'90.85 FEET<^NORTHOF + THEK NORTH LINE OF; HOLMAN AVENUE .,AS : EXTENDED ;'AND :SOTS 3 , 4 -AND GAE RETREq�'";4, AgCORDIN..G_-TO THE PLAT fS ` THEREOF -AS RECORDED IN PCAT— .`$OOK I1 , PAGE-; ,:0 F- -POBLIC ..fiECO.R.DS rbF Bf�EVARD;_`COUNTY,; FLORIDA :, LESS AND :EXCERT TiAAt PORTION:: OF %THE t =ABiVE DESCRIBED"` LA"ND 1NHICH'LIES F EA ST _OF___T,H,E' w > ` EF F�XI�T1t�.G_. BOUNQ-A_Ry B_ETW,EEAL.� I,:AND C I - OF� "� r` ; ID SECTION 2 W S ' CHA �GED RO y 1` {y r. , �' - _.. ��.= .. y.�^�-, �� ,.�-�'i .. j= ���rT' �-_• -=_�. :...hF�'-fir--_. �. sy s • ,y. '— l � G r CITY CLERK ' L r ' ♦ -••- --moi r _ krt 1 h -7� lS h it { f G � 1a ti _ f t • r .. rY '-� ,s I ''a r�' �'r K J ,:` � � Z � �'� z � �' / { • �� -t � Si tix a lr .�rif tis . :; ON NOVEMBER 6TH, 1973tieYOFFICIAL QCT O<" 5 zz THEA CITE COUI�CIL,� THE FOL.LOW�PJG CHANGEr=WX8-- MADE" �1 N THE OF.1Cli. _,7U1V t NG MAP' 3 THAT PORTi SECTIONS ';26 8k 27; TOWNSHIP 24 --MANGE 37,'='DESCRIBEQ AS:;LOT-S 13 THROUGH X20' INCLUSIVE; BANANA t ESTATES', AS' RECORpED IN PLAT BOOK -IO,, PAGE 'i OF -THE; PUBLIC :: RECORDS : OF ' BREVARD ''COUNTY, x - LINtr Dim CL T� wi 77, w OD UJ _j Z dr Y�, 7. -4 f N t ki Q�' re t Li too w C) Ll W, L.L. NUl U) T W Uj UJ LL z 0 Ld I-- 1 0 ->� W , , . - - - - 1" 1, 4 0.; Z LLJ Z 0 0 W LLI LLI ft' (n u Z 0 ui Z= 0 to rr) tj- a o A w Z- U: -6j, _0 CO; C) CLs. < <-0 M Lij ZO" �cr or co tn, AL 4= m; LLJ a; •, Z,.'o M C --r' 1` of u CITY OF CAPE CANAVERAL 1971 ZONING MAP CITY OF CAPE CANAVERAL 1975 ZONING MAP CITY OF CAPE CANAVERAL 1983 ZONING MAP CITY OF CAPE CANAVERAL 1988 ZONING MAP ORDINANCE NO. 17 -73 AN ORDINANCE AMENDING ORDINANCE NO. 12-71 AS AMENDED, WHICH AMENDS SECTION IV. 1. THEREOF AS TO ZONING DISTRICT CL.ASSI ICATIO`: CHANGING FROM R-1 CLASSIFICATION TO R-3 CLASSIFICATION, CERTAIN LAND LYING IN SECTIONS 26 AND 27, TOWN - SI -IIP 24 SOUTH, RANGE 37 EA T AND LOTS 3, 4 AND 5, GAE RETREAT, CONTAINING 9.17 ACRES; PROVID- ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. That Section IV. 1 Offthe City of Cape Canaveral Ordinance No. 12-71 as amended is hereby amended to reflect on the Official Zoning Map and Official Zoning District of the City of Cape Canaveral, a. classification of R-3 for the following described land: That portion of Sections 26 and 27, Township 24 South, Range 37 East, extending South from the North line thereof, to a line 90.85 feet North of the North line of Holman Avenue as extended, and Lots 3,'4 and 5, GAE RETREAT, according to the plat thereof as recorded in Plat Book 11, page 45 of the Public Records of Brevard County, Florida, less and except that portion of the above described land which lies East of the existing boundary between R-1 and c-1 of said Section 26. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective im- rnediately upon said change herein described being duly entered upon the Official Zoning Map. ADOPTED by the Citv Council of the City of Cape Canaveral, Florida, this 15TH day Meeting Te: Regular Meeting Date: 05-02-00 AGENDA Heading Ordinances Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2000, REPEALING SUB -PARAGRAPH (3) OF PARAGRAPH (a) SECTION 110-470, FENCES, WALL AND HEDGES D$PT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider this ordinance that would eliminate the fence exemption provision of the city code. 1�mnmary Explanation & Background: P&Z recommended approval of this at their 04-26-00 meeting. Please advise. ) xhibits Attached: Ordinance No. 07-2000; existing code (ity Man f.s Office Department P&Z/GROWTH MGMT e:Ndm' it/m tine/2000/ - /07-2000.doc C ORDINANCE NO. 07-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SUB -PARAGRAPH (3) OF PARAGRAPH (a) SECTION 110-470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Sub -paragraph (3) of Paragraph (a), Section 110-470, Fences, Walls and Hedges, of the Code of Ordinances is hereby repealed in its entirety. SECTION 2. SEVERABILITY. If any section, paragraph, phrase or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this day of , 2000. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Smith, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY First Reading: G:\CityClk\Ordinances\Fences,Walls & Hedges - Repeat Subparagraph (3).doc Posted: Published: Second Reading: § 110-469 CAPE CANAVERAL CODE triangular area bounded on two sides by the street right-of-way lines and on the third side by a straight line drawn between two points on the street right-of-way line located 25 feet from the point of the intersection of the street right-of-way .ines. Code 1981, § 641.25) Cross references—Property maintenance requirements, 34-97; streets, § 66-26 et seq.; traffic and vehicles, ch. 74. Sec. 110-470. Fences, walls and hedges. (a) Fences, walls and hedges may be permitted a any yard, except as specified in section 110-469, provided the following height restrictions shall pply: (1) In any residential district (R-1, R-2 or R-3), no fence, wall or hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of- way. In any commercial (C-1) and industrial (M-1) districts, no fence, wall or hedge in any side or rear yard shall be over eight feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, the maximum height of a fence, wall or hedge shall be six feet. (3) 'In any district, the planning and zon' bo d may provide an exemption ng a fen of six feet in height withi 25 feet of any d abutting any pub ' right-of- way if th pplicant can de nstrate that an ascent ble and d Knable hazard will be reduce by the nstruction of the six-foot fence. a plicant must also demonstrate that a additional height will not cause a vis obstruction to motorists dee ed hazar us by the plan- ning and z ' g board. A Men request for an a ption shall be file t least 21 days or to the planning an zoning _ bo d meeting at which it is to be nsid- e ed, and notice of the meeting sh be ailed to all property owners within a t radius of the property for ch an exception ' ht. Thea 'ant shall pay a fee as set forth i adix B to this Code. (b) all shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure. (c) All concrete boundary walls are to be fin- ished by stuccoing or painting in neutral colors at the time they are constructed. (d) No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary walls. If there are such nonallowed words or symbols, they shall be covered within seven days of notification to the owner by the city. (e) Reserved. (Code 1981, § 641.27; Ord. No. 8-99, § 1, 7-6-99) Cross references—Property maintenance standards, § 34-97; building code, § 82-31 et seq.; swimming pool code, § 82-246 et seq.; housing code, § 82-271 et seq. Sec. 110-471. Exceptions to height regula- tions. The height limitations contained in article VII of this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, solar panels, ven- tilators, chimneys, elevator equipment, air condi- tioning or other necessary equipment room usu- ally required to be placed above the roof level and not intended for human occupancy. (Code 1981, § 641.29) Sec. 110-472. Access. Every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking. All lots upon which structures are built shall have a minimum access width of 15 feet to a public right-of-way or an approved private right-of-way. (Code 1981, § 641.31) No. 7 CD 110:60 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 21, 2000 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Larry Weber Richard Treverton Burt Bruns Mayor Pro Tem Buzz Petsos Council Members Absent Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Smith Public Works Director, Edward Gardulski Building Official, Dennis Franklin City Treasurer, Andrea Bowers PROCLAMATIONS: Fair Housing Month Mayor Pro Tem Petsos read and presented the proclamation to David Bode. Mr. Bode related that the City of Cape Canaveral is forward thinking in regard to Fair Housing. All plans are reviewed before construction is permitted to conform to Fair Housing specifications. Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 2 PRESENTATION: Economic Development Commission, Gregory Jones regarding the Community Data Summary for the City of Cape Canaveral Mr. Gregory Jones, Research Director for the Economic Development Commission, distributed the Community Data Summary for the City of Cape Canaveral. Mayor Randels was commended for his volunteer efforts to the Economic Development Commission. The information is used in a variety of ways, providing data for businesses to develop a business plan and to citizens interested in relocating to the area. MINUTES: A motion was made by Mr. Weber and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of March 7, 2000. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. ORDINANCE — First Reading: 1. Mayor Pro Tem Petsos read Ordinance No. 05-2000, Amending the Definitions of Hotel and Motel by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-1, DEFINITIONS, BY AMENDING THE DEFINITIONS OF HOTEL AND MOTEL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Ordinance 05-2000 for second reading. Mr. Bruns stated that he is in agreement of removing the twenty-five percent restriction. Mr. Treverton commended Mr. For his history of the zoning regulation, preventing tiny, hotels. He concurred that today's society is under a different paradigm, which warrants allowing kitchenette facilities without being detrimental to the aesthetics and use of properties. Mr. Leo Nicholas commented that the 150 units is a key element in the definition. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 3 CONSIDERATIONS: 2. City Treasurer, Andrea Bowers, Ed Beck, Partner of Bray, Beck and Koetter and Ray , Audit Manager. Mr. Beck presented the audit reports and overview of the process entailed in the audit plan. Raymond explained that the first report states that the audit is in accordance with Generally Accepted Accounting Practices. Laws, regulations, contracts and grants, internal control over financial reporting, no instances of non-compliance & no weaknesses in internal control. The management letter shows prior year comments resolved or not applicable, those repeated, and new ones. Confiscated Property Reports was not in agreement with City's books and records, however was immediately rectified. Fixed Asset Reconciliation — detailed fixed asset inventory records were not updated for current year additions. They recommend that the records be updated as soon as possible. Original budget adopted by resolution; budget adjustments approved by voice vote of Council, budget amendments should be adopted in a manner consistent with method of adopting the original budget (by resolution). The items specifically are the amendments that increase the expenditures or revenues. Government -wide reporting; net expense reporting format; infrastructure reporting and depreciation, implementation required by fiscal year 2004 — these will be required according to GASB 34. They recommend that the City begin training, changing procedures in an effort to be ready for implementation. There will likely be changes in the new ruling, but it is important to be prepared. He then related 1999 financial highlights with trend data. Over the past three years, the City's cash and cash -equivalents have steadily increased, as well as assets and equity. Public Safety is 44% of the expenditures. Mr. Petsos queried how the percentage compares to other cities. Ray explained that the City of Cape Canaveral's public safety expenditures are higher than most cities, however, could be due to size of budgets. Mr. Bruns stated that the City is spending three-fourths as much as we are collecting from taxes. Mr. Bruns queried if there have been any financial audit adjustments required? Ray responded that there were some, but none that were unusual or significant. Mr. Nicholas queried if there were comments made from prior years that were repeated this year? There were none. Mr. Petsos queried about funds set aside over the years for paving. He suggested that the funds should be shown as designated or reserved for specific projects, such as technology. Council concurred that a process should be developed for Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 4 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Annual Audit for Year Ended September 30, 1999. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. 3. Public Works Director, Ed Gardulski, explained that the County has been servicing the traffic lights since the former contractor stopped service. He related that an Interlocal agreement is needed to facilitate a method of maintaining the lights routinely. There are three traffic lights that the City agreed to provide maintenance in the bargaining with the State to obtain the lights (Buchanan and All A; Flashing Emergency Light on Al A; and at North Atlantic and Central Boulevard). Mr. Bennett commented that he has forwarded a letter outlining the issues that were of concern. The agreement is in order conceptually, but needs to be addressed procedurally. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the Interlocal Agreement with Brevard County — Traffic Signal Maintenance. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. 4. Mr. Gardulski reported that a resident in Harbor Heights has a storm water line that has collapsed, causing the ground to collapse. He related that this method would provide slip lining the pipe without tearing up the residents' lawn. Mr. Treverton queried how much galvanized pipe is installed throughout the City. Mr. Gardulski responded that it is unknown. Mr. Treverton queried if the slip lining will have enough structural integrity to maintain long term. Mr. Nicholas stated that it is not as strong as concrete, but is strong enough because there is no pressurization in the lines. Mr. Weber queried where the cleaning would take place. Mr. Gardulski stated that it would be at the wastewater plant dumpster. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Stormwater System Repairs, appropriating #, waiving the bid requirement and awarding to. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. This item was taken out of order. Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 5 9. Mayor Pro Tem Petsos requested that item 9 be considered at this time. Council concurred. Mr. Gardulski reported that Mr. Hankins is not progressing as expected. They are about ninety percent complete, moving slowly, but doing excellent work. Mr. Terry Heinold, with Carl Hankins, reported that they are on schedule. Madison was finished today, Pierce tomorrow and road crossings will start tomorrow afternoon and completion by the first of next week. Three more workers were brought in yesterday to ensure completion by early next week. Mr. Petsos queried, how could Council be assured that the schedule will be in conformity to future contract extensions. Mr. Gardulski commended them for their quality work and lack of residential complaints. Mr. Heinold stated that the new crews would be dedicated to ensure accelerating the project. Mr. Bruns queried if he would be the superintendent of the job henceforth? He responded that he would be. Mr. John Pekar related that some delays were created because some equipment was delayed in being delivered and some previous work had to be corrected from the previous contractor. He commended Hankins for their work quality. Mr. Weber queried how much delay the company created. Mr. Pekar related that the project started 30 days late and the corporate office caused other delays. The actual construction crew has been efficient and work very hard even through inclement weather. Mr. Petsos queried if it is possible to have someone from the corporate office before Council before considering the contract extension? Mr. Treverton queried if the contract has monetary penalties for failure to meet the terms of the contract. Mr. Gardulski responded that w could; however, we have been reticent in an effort to be accommodating and encouraging. Council concurred to bring the issue back to the next agenda. 5. A motion was made by Mr. Bruns to table to a time certain of the next regular agenda and seconded by Mr. Weber to approve the Washington Avenue Sidewalk Construction. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. 6. Mr. Gardulski explained that this is for inspection services for the next phase. The contract amount is a not to exceed limit. Mr. Petsos reiterated that he is still opposed to inspection service, although the as -built drawings are important. He related that even though we had inspection service, lines were constructed upside down. This was construction work performed by Hartman and Associates, with Stottler Stagg inspecting. Hartman was providing the inspection service. Mr. Gardulski commended Doug with SSA for his Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 6 awareness on behalf of the City. Mr. Gardulski related that he formulates a report from SSA's inspector reports to inform Council. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Contract Administration and Inspection Service for Reclaimed Water Phase 111, #2 to Stottler, Stagg and Associates. The motion passed 3-1, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, Against. 7. Mr. Gardulski explained that the stormwater drains have not been completed throughout the City, but there are areas that need to be repaired. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Cooperative Purchase of Sanitary Sewer Lining and Manhole Rehabilitation, in the amount of $139,012 to Griner's Pipeline Services. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. RESOLUTION: 8. Mayor Pro Tem Petsos read Resolution No. 2000-07; Opposing Diversion of Transportation Revenue Proposed in HB893 and From Transportation Programs in General by title. A motion was made by Mr. Weber and seconded by Mr. Treverton to approve Resolution No. 2000-07. City Manager, Bennett Boucher, explained that this bill could convert substantial funds away from Brevard County, diverting to other areas. The motion passed 4-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For. DISCUSSION: 9. Water Reclamation Sand Filters Report Mr. Boucher explained that the sand filters have been an ongoing problem and staff was tasked to research the design and installation. Mr. Pekar explained Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 7 that they reviewed data collected over the years. The design plans; construction, materials used and operation were reviewed. The report revealed that the operation appears to be efficient. The initial studies reveal that there are many problems in design. It needs to be changed from bottom loading to top loading and there is severe erosion that implicates deficient materials. It is obviously a multitude of problems. The designers, construction contractors, material and operations impair water quality standards. Mr. Boucher queried if this was an industry standard design. Mr. Pekar related that it is an atypical design, although there other some other similar plants. Mr. Bruns queried about backwashing methods, indicating that how can bottom loading filters be efficient. Mr. Boucher queried if a sample has been tested to determine if the results meet the manufacturers standard. Mr. Bruns suggested that the City should research and prepare for possible litigation. Mr. Treverton queried if this design has ever worked and stated that legal advice be obtain after the report is complete. Mr. Bennett stated that the facts must be defined before any attorney can pursue litigation. Mr. Pekar related that it would require at least $90,000 to convert to a top -loading design. Mr. Treverton stated that we must determine how many entities have used this design and how many have been successful, identifying the regions of each plant. The City Engineers providing inspection service at the time should be identified for inclusion in the report. Mr. Bruns left at this time (8:30 p.m.) REPORTS: 11. City Manager — Bennett Boucher o Mr. Boucher reported that he and the City Treasurer met with Cocoa and the Port Authority regarding the sewer transition. They recommend amending the contract to outline the meter read dates. Mr. Bennett suggested an amendment requiring that all deposits be paid before other deposits are returned. o The General Fund Workshop and revised Sewer Fund Capital Budgets will be considered at the end of April o The school crossing on Al hazardous walkways is being redefined in the legislature this session. The league of cities has a web page to watch the legislature. o The Beautification Board is working on a partnership program to keep Canaveral Clean. Staff was instructed to help develop a program in conjunction with Code Enforcement similar to Palm Bay's new program. Mr. Nicholas suggested that a program based on the Citizens on Patrol concept should be considered. o There are three parcels on Holman Road that were rezoned from R-3 to R-1 without notice. The property owners, LaChance wants R-3 zoning and Mrs. Jean Porter and Mr. John Porter request remaining as R-1. The City Planner related to the City Manager that a large scale rezoning would be required even though it is less than ten acres. The density must be less Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 8 than ten units per acre in order to be a small-scale amendment. Ms. Smith related that the error likely occurred as a scrivener's error. However, a legal opinion has not been obtained to confirm or outline a method of resolving the issue. City Attorney, Kohn Bennett, related that even if the zoning was changed erroneously, the recently adopted Comprehensive Plan precludes a simple solution. A large-scale change would be required and approval by the state. Ms. LaChance requested a letter from the City stating that their property is indeed R-3 so they can list it for sale. The City Attorney will bring forth the issue at the Planning and Zoning meeting for possibilities. o Ms. McIntire is setting up tours for Council to the Cape Canaveral Hospital. This is by invitation of the hospital. They will attend the Cape Canaveral/Cocoa Beach joint meeting. o April will begin summer attire (T-shirt) o Mr. Boucher will be on vacation next week and Ms. Smith will be acting City Manager. Audience o Mr. Nicholas queried if the City will be required to open part of our beach for dogs. He expressed concern that it would be implemented. City Attorney, Kohn Bennett, explained that we adopted the county's ordinance with an added stipulation that dogs are not allowed. The City's ordinance would stand because it is stricter. Mr. Petsos stated that the issue could be mentioned at the next Space Coast League of Cities. City Clerk — Sandra Smith No report City Attorney — Kohn Bennett o Mr. Bennett stated that the seminar for Thursday has been cancelled. Kim will poll Council to reschedule. o Mr. Bennett reported that the City has won the Szapor case, however, there is 30 -days for appeal. Citv Council Member — Larry Weber • Mr. Weber reported that he is meeting with Chuck Nelson, Co. Recreation Director along with Nancy to obtain information to reinstitute the City Park renovation project. • A pepper -busting project south of Cherie Down Park will be conducted in May. Cape Canaveral City Council Regular Meeting Minutes March 21, 2000 Page 9 • When will the joint meeting be held with Cocoa Beach? • April 15 is Trash Bash Day and April 29 will be mangrove planting at Manatee Sanctuary Park. • Mr. Weber attended the contractor form last Thursday. It appeared to be beneficial. They are planning to schedule one monthly. He recommended that the City Manager attend the entire meeting. Some questions could not be answered. The next meeting will be held on April 6 at 4pm City Council Member — Richard Treverton o Mr. Treverton reported that Mr. Boucher assigned Nancy Hanson to the Center Street north and Southside parcels as a park. A grant will be pursued. City Council Member — Burt Bruns ■ Mr. Bruns Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried about the status of the master stormwater plan. Mr. Pekar reported that $300,00 would be pursued for mitigation funding that would implement baffle boxes at Center Street and facilitate the anticipated park funding. • Sand fence project will be Saturday. The Navy and possibly air Force personnel will have some people, as well as local businesses. • Was the $200 court fee for the arrest against the Blue Cafe assessed to them? Yes. • Invitation to USS Porter on Friday. There being no further business, the meeting adjourned at 8:40pm. Rocky Randels, MAYOR Sandra Smith, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 18, 2000 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Larry Weber Richard Treverton Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Smith Public Works Director, Edward Gardulski Building Official, Dennis Franklin PROCLAMATIONS: Mayor Randels read the National Day of Prayer proclamation INTERVIEWS: All candidates previously interviewed by respective Boards and recommended to Council. Candidates for Beatification Board: Judy Hale, 110 Washington Avenue (Regular) Elizabeth A. Mars, 430 Madison Avenue (Alternate) City Attorney, Kohn Bennett, interviewed Ms. Hale and Ms. Mars jointly. Ms. Hale has been a resident for five years and member of the volunteer corps for four years. No other family members are board members. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 2 Ms. Mars has been a resident for 3.5 years and served on a civic board in Alabama. She has no family members of any Cape Canaveral Boards. Mr. Bruns welcomed and admired both for their desire to serve the City of Cape Canaveral. Mr. Petsos stated that he knows both candidates and welcomed them both. Mr. Treverton commended them for coming forth as relatively new residents, whereas, it took him twenty years to come forth. Candidate for Recreation Board: Arthur Berger, 627 Adams Avenue (Alternate) Mr. Bennett queried if Mr. Berger still resides in the same place as his previous applications to other boards. He lives in the same place. Mr. Treverton commended Mr. Berger's value to the Beautification Board. Mr. Bruns welcomed Mr. Berger back to City service. Mr. Petsos queried Mr. Berger's position on grant funding for parks and recreation facilities. He responded that it depends on a case- by-case consideration. ORDINANCE — Second Reading: 1. (405)Mayor Randels read Ordinance No. 05-2000 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-1, DEFINITIONS, BY AMENDING THE DEFINITIONS OF HOTEL AND MOTEL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mr. Petsos to adopt Ordinance 05-2000 on second reading. Mr. Petsos queried if this ordinance still requires building the entire 150 units to meet the definition of a hotel. Mr. Bennett confirmed that it is still the requirement. Mayor Randels expressed concern that the twenty-five percent kitchen requirements were removed. He opined that history allowed conversion from a hotel to a condominium. Mr. Bennett explained that a hotel is built only in a C-1 district and could not convert it to a condominium because they are not zoned appropriately and if a special exception could be received, all codes would have to be met. It really is not possible to convert. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 3 Mayor Randels proposed an amendment to the definition under motel to the same definition as hotel. Mr. Bennett explained that the purpose demonstrates the difference in a motel and hotel. Mayor Randels explained that a motel should be required to have a 24-hour office and staff. There was no second and therefore, failed for lack of a second There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. CONSIDERATIONS: 2. (640) City Manager, Bennett Boucher, explained that this would facilitate the transition to the City of Cocoa Beach. A motion was made by Mr. Petsos and seconded by Mr. Weber to approve the Addendum to the Sewage Franchise Agreement with the Canaveral Port Authority. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 3. (698) City Manager, Bennett Boucher, explained that this also facilitates closing the agreement with the Canaveral Port Authority by requiring all outstanding receivables have been paid before deposits are transferred. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Interlocal Agreement with the City of Cocoa Beach for the Transfer of Port Customer Utility Deposits. Mr. Treverton commended the City Attorney on drafting the agreement. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 4. (813) City Manager, Bennett Boucher, explained that the City participates in the County Road Impact Fee Program. The City is drawing on the balance with the County. It should cover the entire cost of the road. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 4 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Disbursement Agreement with Brevard County for the Construction of Tower Boulevard, in the amount of $81,387.03 from the Brevard County Transportation Impact Fee Trust Fund. Mr. Petsos stated that it is too bad that these funds must be used for this particular project, however, realizes it is necessary. He opined that the City should avoid such agreements in the future. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 5. (904)A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Automatic Valve Control Emergency Repair, Public Works Department. Mr. Petsos queried why corrosion has appeared no older that the facility is. He queried if the actuators are sole source? Mr. Boucher related that he would have to research the issue. Mr. Bruns expressed concern that the new state-of- the-art facility is experiences so many problems with repairs. He queried what the source of these problems is. Mr. Gardulski will present a report in the near future. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 6. (1024) Mr. Boucher explained that the Public Works Director requests a few more areas for design work in response to potential customers, including inspection services. Mr. Pekar stated that the proposal includes a survey as well. He relates that the costs are slightly lower than previous design and inspection services. Mr. Bruns queried if this addition would complete the entire city connection. Mr. Pekar related that it completes the south end of the City. One more phase would complete the northern end of the City. Mayor Randels clarified that it does not mean that every house has been connected. Mr. Pekar further explained that it does provide accessibility to all areas. Mr. Bruns queried if the current 60 -pound psi would be maintained when all residents and the port come on line? Mr. Pekar related that the psi could be maintained with the port on-line alone at their current allocation. It could be foreseeable to require design and equipment expenditures. Mr. Bruns maintained that all costs for providing extended pressure due to port usage should be borne by the port authority. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 5 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Design and Construction Inspection Services for Reclaimed Water Project Phase III, Part III in the amount of $17,300. There was no public comment. Mr. Pekar related that the SJRWMD matched funds baffle box is being installed this week at International Drive. This is the first stormwater quality project for the City. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 7. (1819) Mr. Boucher explained that bid were let to meet the requirements of the grant. He related that only Nautilus could meet the time schedule requirements. Mr. Petsos queried if the City has the capacity to extend the time period for planting? A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Awarding Bid No. 00-07, Sea Oats Purchase & Installation for Sand Fence Project, in the amount of $10,300 to Nautilus Environmental. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. RESOLUTIONS: 8. (2110) Mayor Randels read Resolution No. 2000-08; appointing Leo Nicholas as Regular Member to the Planning and Zoning Board, with a term to expire on September 15, 2003 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Treverton and seconded by Mr. Bruns to approve Resolution No. 2000-08. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 9. Mayor Randels read Resolution No. 2000-09; Re -appointing June Bell with a term to expire on October 1, 2002 by title. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 5 A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the Design and Construction Inspection Services for Reclaimed Water Project Phase III, Part III in the amount of $17,300. There was no public comment. Mr. Pekar related that the SJRWMD matched funds baffle box is being installed this week at International Drive. This is the first stormwater quality project for the City. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 7. (1819) Mr. Boucher explained that bid were let to meet the requirements of the grant. He related that only Nautilus could meet the time schedule requirements. Mr. Petsos queried if the City has the capacity to extend the time period for planting? A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Awarding Bid No. 00-07, Sea Oats Purchase & Installation for Sand Fence Project, in the amount of $10,300 to Nautilus Environmental. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. RESOLUTIONS: 8. (2110) Mayor Randels read Resolution No. 2000-08; appointing Leo Nicholas as Regular Member to the Planning and Zoning Board, with a term to expire on September 15, 2003 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Treverton and seconded by Mr. Bruns to approve Resolution No. 2000-08. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 9. Mayor Randels read Resolution No. 2000-09; Re -appointing June Bell with a term to expire on October 1, 2002 by title. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 6 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mr. Bruns to approve Resolution No. 2000-09. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 10. (2260) Mayor Randels read Resolution No. 2000-10; Re -appointing Nadena Easler as a Regular Member to the Community Appearance Board, with a term to expire on May 1, 2003. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RE -APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Resolution No. 2000-10. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 11. (2316) Mayor Randels read Resolution No. 2000-11, State Road Al A Landscaping Project for $200,000 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA PROVIDING FOR THE APPROVAL OF THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR THE STATE ROAD A1A LANDSCAPING PROJECT, PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve x Mr. Boucher explained the contract language and related the expanded uses of the program. The concept would be designed for approval by the Florida Department of Transportation and then let for bid. Mr. Pekar related that SSA would prepare computer -imposed photographs to depict how the various properties would be affected in an effort to persuade their buy -in of the project. Mr. Treverton queried if signs have been considered in the landscaping models? Mr. Pekar related that current signage is being considered. Mr. Bruns expressed concern that beautification of A1A is being Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 7 designed according to current size and height requirements due to Planning and Zoning delaying size and height issues. Kacee Weber queried if new grass has been addressed in the A1A landscaping models? Mr. Pekar related that the Beautification Board should sit in on the modeling workshops and grasses are valid concerns. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 12. (2870) Avon -by -the -Sea request to divert MSTU funds to City for Police Service Mr. Boucher reviewed a letter received from the area association and related that he informed all parties that City Council should address the issue before extended conversations on the matter are incurred. Mayor Randels related that he is responsible for initiating the issue of diverting the responsibilities and MSTU funds. Mr. Bruns opined that the logistical concept is understandable, however, funding is not likely to cover the actual expense. He related that he is no willing to support the City attaining responsibility for the area without guaranteed cost coverage. Lt. Gary Young explained that annexation would be the only recourse for covering the costs for full police service. Currently, they provide emergency mutual Interlocal aid. Mr. Bruns related that it is unreasonable for the City to consider especially in view of the City's current ad valorem funding of $300,000 toward a more than $1,000,000 police serve. He stated further that the issue of annexation came before Council previously. The Avon -by -the -Sea area would have experienced at most, a wash in taxation. He related that annexation discussions would be the only avenue of considering the issue. Mr. Boucher related that an annexation committee has approached him and requested direction. Council concurred that the City Manager is the sole person to negotiate the matter. The Mayor is in no way to address the annexation matter. Mr. Treverton requested that the minutes reflect full authority to City Manager, Bennett Boucher. Bill Hanson, a -b -sea resident, stated that the committee expressed unanimous desire for annexation by the City. 13. (2, 82) Mr. Boucher explained that the funds are more likely to be considered for an FDOT Transportation Enhancement Application. Consensus was for SSA to Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 8 develop a concept, including projecting costs to facilitate the grant application. Mr. Pekar suggested that drainage components be added to the system. REPORTS: 14. City Manager's Report o Lt. Gary Young reported that over 600 motorists were stopped, 100 citations were written and drunken driving citations were issued during a northbound operations was performed. The DUI taskforce commander intends to return. The operation was performed on a Friday evening at 8:30 through 2:00 a.m. He explained that it was a very successful endeavor. o Lt. Young reported that the mobile terminals are in and welcomes Council to observe their effectiveness. They add speed, effectiveness and safety. Response time is also decreased by the computer's use. Mr. Bruns clarified that the computers are assigned to a deputy in the same manner as cars and weapons, issued to one individual for 24-hour use. Mr. Boucher related that funding these computers is relevant to scheduling a workshop to review the proposed capital budget. o General Fund Capital workshop and the City Attorney's seminar. May 2, 2000 at 4:00 was scheduled. The seminar would be conducted first. o City received an award from the America Public Works Association for environmental projects. Friday, April 28 will be the presentation meeting. A safety award was also received. o Todd Peetz is resigning from Ivey, Harris and Walls. He queried if the City is interested in retaining Mr. Peetz through his private practice. Council concurred to retain him, with concurrence from Ms. McNeely and Mr. Nicholas. o Mr. Boucher queried if he should invite the Cape Canaveral Hospital to attend the next joint meeting with the City and the City of Cocoa Beach. Council concurred. o Mr. Boucher related that a resident queried if citizens could receive a rebate for their participation in recycling. Council concurred that it would be difficult, but can be researched for feasibility. o Staff is working diligently on budget preparation. Audience o Mr. Bill Hanson, resident, report that the truck traffic on North Atlantic Drive is becoming extremely heavy and dangerous. Mr. Boucher stated that he would request consideration by the port and the Solana development. o Mr. Leo Nicholas, resident, queried if the dumpster for telephone books would be placed at the library again this year. Mayor Randels stated that it has been placed there. Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 9 o Mr. Leo Nicholas, resident, queried if hurricane protection has been addressed. Mr. Boucher stated that film would be placed on the windows, even though all other new library buildings were constructed with film already on the windows. o Mr. Nicholas stated that 90spi of pressure should be required for the next contract for reclaimed water. He opined that the port should be responsible for funding the cost of maintaining pressure caused by them. o Mr. Jim Hale stated that a communications business on Al has automobiles for sale consistently for over a week. CITY CLERK No Report CITY ATTORNEY No report. Larry Weber o Mr. Weber reported that 30 baps of trash were picked up at Banana River Park, of which 28 baps were beer bottles and cans. He reported that the same is true at the Manatee Sanctuary Park. Garbage cans should be provided and signs installed prohibiting alcoholic beverages. He related that there is also a homeless problem. The Sheriffs Department needs to patrol the area as well. o April 29 is a mangrove -planting proiect at 10 a.m. at Manatee Park, including a cookout. He anticipates 60-80 people. o He announced his marriage to Kacee Richard Treverton o There are several sponsorships for students to attend Camp Chance. He reported that Officer Ernie Perry is championing the opportunity. Mr. Bruns reiterated that it is a tremendous opportunity for kids. Burt Bruns o Mr. Bruns commended Mr. Petsos for championing the school bussing issue for children crossing A1A. o Mr. Bruns reported that Joy Salamone is a marvelous principal and she is responsive to children's issues. o Mr. Bruns reported that Peter Jurgel left Waste Management and will be missed due to his active participation in community issues. Mr. Bruns related that impact fees, police service taxes collected do not cover City services. Mr. Boucher related that impact fees are not allowed for expenditures for anything other than expansion of service caused by developmental growth. Mr. Bruns explained that emergency numbers for weekends are needed Cape Canaveral City Council Regular Meeting Minutes April 18, 2000 Page 10 1. Mr. Petsos commended staff quarterly reports and expressed concern that the youth center is being utilized less. Further, the City should sponsor more summer youth programs. o What is the status of the computer master plan? Mr. Boucher explained that the plan is being worked on. Mr. Petsos queried about the status of the City Hall study. All reports have been compiled, to see if space requirements can be accommodated according to industry standards he SSA architect is compiling some ideas for concepts. Mr. Pekar related that the report should be ready in 5 to 10 days. Mr. Bruns reminded Council that the stormwater master plan would have to be addressed although it is expensive. Planning must be considered for appropriate funding. Mayor Randels o Corps of Engineers signing taking responsibility for 50 years of beach renourishing. o 200 at -risk youths were at the Radisson, costs incurred primarily by the Radisson for training. o Shriners have an open house in Melbourne on the 22nd for medical screening of children, without financial consideration. o Tony Hernandez is profiled in this month's issue of Florida Profiles. o Sheriff's Department commended for responsiveness to a substance abuse report. o The deadline for the Florida Communities Trust is June 9 for outdoor recreation and conservation. Mr. Boucher related that it ay be difficult to obtain points for the Center Street Park because it is already asphalt. Mr. Bruns queried if the baffle box installation will contribute points? Mr. Weber queried if the south portion that is unpaved would be viable. o The submarine ball was a 50th anniversary for the Air Force in Cocoa Beach. o Brevard County will likely receive funding by the state for over $1 million. o Mr. Petsos was commended for his participation on the space launch safety committee. o City of Tallahassee has a book for new residents that the City may consider. There being no further business, the meeting adjourned at 9:50 p.m. Rocky Randels, MAYOR Sandra Smith, CITY CLERK Meeting Type: Regular Meeting Date: 05-02-00 AGENDA City Council review and consider the planning services agreement with Mr. Todd Peetz, Planning Heading Considerati ns Item 4 I recommend approval. No. Mr. Peetz's letter of 04-25-00; contract City M 's Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PLANNING SERVICES AGREEMENT WITH TODD PEEETZ, PARTNERSHIPS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT PLANNING Requested Action: City Council review and consider the planning services agreement with Mr. Todd Peetz, Planning Partnerships. Summary Explanation & Background: Mr. Peetz has ventured out to start his own company called Planning Partnerships. Since Mr. Peetz has been working with the city since October of 1994, he is very knowledgeable about the city's planning process) and comprehensive plan. The hourly rate for his services if $55. I recommend approval. Exhibits Attached: Mr. Peetz's letter of 04-25-00; contract City M 's Office Department P&Z/GROWTH MGMT i C ouncil/mee 'ng/2 - /peetz.doc April 25, 2000 Mr. Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 5550 Cape Canaveral, Fl 32728-5550 RE: Proposed Contract Dear Mr. Boucher: As we have previously discussed, I have a desire to start my own business venture in the professional planning industry. I based my decision on many factors, including my many professional relationships that I have established. My relationship with the City of Cape Canaveral has been exciting from its beginning in October of 1994. I would like to continue to work for the City, if so desired. I would continue to provide the same type of planning services as requested and at no increase to the billing rate. I have attached a proposed professional service agreement for consideration. I believe my opportunity can also provide new opportunities for the City. I would respectfully like to continue our longstanding working relationship. I am committed to provide the City a quality documents in a timely manner. If you have any questions or need additional information, please do not hesitate to contact me at (407) 629- 8880. Sincerely Todd Peetz, AICP Todd Peetz, Planning Partnerships Planning Services 10221 Rivers Trail Drive Orlando, Florida 32817 PROFESSIONAL SERVICES AGREEMENT This AGREEMENT, made and entered into this day of , 2000, by and between Todd Peetz, ad the CLIENT, identified herein, is for the Professional Planning Services described under Item 2 of th s AGREEMENT. CLIENT: City of Cape Canaveral IS CLIENT FEE OWNER OF PROPERTY? YES X NO ADDRESS: 105 Polk Avenue DOES CLIENT HAVE OWNER'S AUTHOR- IZATION FOR THESE SERVICES? Cape Canaveral, Florida 32920-0326 YES x NO PROJECT TITLE: General Planning Services PROPERTY OWNER=S NAME: City of Cape Canaveral PROJECT NO.: 102.000 1. Location and Description of Project: City of Cape Canaveral, FL. 2. Description and type of Professional Services to be provided by Todd Peetz: General Planning Services as directed by the City Council and City Manager 3. The compensation to be paid Todd Peetz for providing the Professional Planning Services shall be: X Time Charge ($55 per hour) plus identifiable direct expenses. Time Charge plus identifiable direct expenses with an upset limit of $ , not to b exceeded without prior approval by the CLIENT. (See attached Schedule of Hourly Rates A lump -sum charge of $ , plus identifiable direct expenses. A lump -sum charge of $ See attached. Page 1 of 3 CATEMMCAGRE EM ENT.DOC 4. General Conditions a. PAYMENT OF INVOICES Clnvoices for services rendered are submitted at the completion of each the project tasks as listed in the proposal, or monthly, whichever comes first. Payment is due fifte (15) days after receipt of invoice. TODD PEETZ reserves the right to not proceed to the next work to if payment is not received with the fifteen (15) days of the receipt of invoice. If the CLIENT fails make any payment due TODD PEETZ for services and expenses within thirty (30) days of the invoi date, the amount(s) due shall include a charge at the rate of one and one-half percent (1.5%) F month from the said thirtieth day. If TODD PEETZ employs legal services to collect overdue amoun the CLIENT agrees to pay all costs for collection, including reasonable attorney's fees and coi costs, whether action be brought or not. b. FEE SCHEDULE c If this contract is not executed by TODD PEETZ and the CLIENT within 120 da of the date noted on page one, the fees quoted in this contract are subject to renegotiation c. REIMBURSABLE EXPENSES c The CLIENT shall pay TODD PEETZ for identifiable direct out-of-pocl expenses incurred for travel, mileage, toll telephone calls, printing, reproduction, delivery, posta, and express mailing costs and all other identifiable direct expenses. d. TERMINATION c The obligation to provide further services under this AGREEMENT may be terminat d by either party upon seven (7) days written notice, in the event of substantial failure by the other pa y to perform in accordance with the terms hereof through no fault of the terminating party. In the eve t this AGREEMENT is terminated prior to completion, TODD PEETZ shall be entitled to payment f r services performed as of the date of termination, plus reimbursable expenses. e. CLIENT FURNISHED INFORMATION c CLIENT'S Responsibilities: If required, the CLIENT shall furnis i, or direct TODD PEETZ to obtain at the CLIENT'S expense, materials necessary to complete requestc d tasks, including, maps, land development regulations, surveys describing physical characteristic 5, legal limitations, utility locations and a written legal description of the site and services for repo s required by the law. TODD PEETZ shall consider all information supplied by the CLIENT as accurat D, complete and correct. Additional work or revisions to completed work performed by TODD PEE1 Z as a result of inaccurate, incomplete or incorrect information supplied by the CLIENT shall be pa d for as additional services at prevailing TODD PEETZ hourly rates. This additional work will not e performed without prior written approval by CLIENT. f. OWNERSHIP OF DOCUMENTS C All original documents, drawings, computations, details, desi In calculations, and other related documents and plans prepared pursuant to this AGREEMENT area d remain the property of TODD PEETZ as instruments of service. Their use on other projects or th s project must be approved in writing by TODD PEETZ. Reproducible copies of all documents shall be made available to the CLIENT as requested by the CLIENT. g. COST ESTIMATES C The CLIENT hereby acknowledges that costs are on a $55 per hour basi , whether data gathering, draft document or final, and estimates of cost should be provided in adv an e of such work products. TODD PEETZ shall not be held liable or financially accountable for co t overruns, errors or omissions resulting from work performed by others. h. SUB -CONSULTANTS c If authorized in writing by the CLIENT, TODD PEETZ shall furnish or obta n from other sub -consultants, services which are not considered normal or customary Basic Services. If contracted and billed through TODD PEETZ, the cost for additional services from others shall tie billed at their actual cost plus ten (10%) percent. The cost for additional services of TODD PEE Z personnel shall be billed at the hourly rates in effect at the time the additional work is performed.' i. ADDITIONAL SERVICES c Any changes to the attached Scope of Services initiated by the CLIENT shall be considered additional services. These services will be paid for in addition to the compensation for basic service and will either be billed at an hourly rate or negotiated as a lump sum. Page 2 of 3 CITEMPICCAGREEMENT.DGC LIABILITY c The CLIENT agrees to indemnify TODD PEETZ from any and all liability, loss or dam the CLIENT may suffer as a result of claims, demands, costs or judgments against the CLIENT ari., out of the work undertaken in this contract should the liability, loss or damage be caused by or a out of other than sole negligence of TODD PEETZ or it's officers, agents, employees or otherwi: iiv. This contract does not imply or guarantee that efforts to obtain required permits and will be successful. This contract is offered with the understanding of the relevant regulations of the to government, the State of Florida, and the United States as of the date of the signature by officer of TODD PEETZ, of this contract. Regulations which become effective after the signat date of this contract may affect the Scope of Services contained herein. In such an event, TO PEETZ is not bound to the fees contained herein. Both parties shall have full rights to renegoti to reflect the effect of new regulations on the relevant components of this contract. Except as expressly provided herein, neither TODD PEETZ nor the CLIENT shall be liable to tile other for any economic damages caused by termination of or failure to perform under this contract, whether such economic damages are based upon delay in completion of the project, failure to obtain permits, loss of anticipated sales of property, prospective profits, expenditures, contracts, investment, leases, property purchases, property improvements or other commitments made in anticipation of the services to be performed by TODD PEETZ, hereunder, or in relian e upon this contract or any other compensation or economic damages of any nature except f r services actually performed and costs and commitments actually incurred by TODD PEETZ and r this contract prior to the effective date of termination. Claims, disputes or other matters in question between the parties to this AGREEMENT arising out of or relating to AGREEMENT or breach thereof shall be resolved through mediation. k. AUTHORIZATION c The signature below authorizes the work herein described and does so on behalf of the Owner(s) of the land or property in question and warrants that the CLIENT either is the Own r or has authority to sign this AGREEMENT on behalf of the Owner(s). IN WITNESS WHEREOF, this AGREEMENT is accepted on the date first above written subject to the terms and conditions stated and the general conditions attached hereto. CLIENT: City of Cape Canaveral NAME: TITLE: DATE: SIGNATURE: Todd Peetz, Planning Partnerships. NAME: Todd T. Peetz TITLE: President DATE: May 1, 2000 SIGNATURE: Page 3 of 3 CATEMMCCAGREEMENT.DOC Meeting Type: Regular Meeting Date: 05-02-00 AGENDA City Council consider approval of this change order to Carl Hankins, Inc. in the amount of $21,481.94 fo� the Heading Considerati ns Item Exhibits Attached: 'Public works director's memo of 04-25-00 No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CHANGE ORDER TO CARL HANKINS, INC. FOR RECLAIMED WATER PROJECT - BANANA RIVER BOULEVARD EXTENSION DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: City Council consider approval of this change order to Carl Hankins, Inc. in the amount of $21,481.94 fo� the Banana River Boulevard Reuse Extension, as recommended by the public works director. Summary Explanation & Background: See attached memo from the public works director. I support staffs recommendation. Exhibits Attached: 'Public works director's memo of 04-25-00 City ge ' Office Department WATER RECLAMATION/PUBLI n WORKS g:/a ncil/mee g/2 00/changeorder.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 25, 2000 SUBJECT: City Council Agenda Item for May 2, 2000 Reclaimed Water Project Phase III Extension, Banana River Blvd Carl Hankin's Inc. Change Order and Contract Extension The City advertised requests for bid for the construction of Phase III Extension. The scope of this project is to construct the reclaimed water distribution system with services. The City of Cape Canaveral advertised that the methodology of construction to be directional boring. The scheduled bid opening was held on September 29, 1999 at 3:15 p.m. at the City Hall Annex. The City received three (3) bids. On October 5th City Council awarded Bid 99-03 to the low bidder, Carl Hankins, Inc. in the amount of $279,592.60. The bid award of the project will be at the unit bid price. Attached is a Change Order for the construction of Phase III, Part 2, Banana River Blvd. The total increase for this increase change order Purchase Order #208 is $21,481.94. Attached is a copy of the bid 99-03 tab sheet. The Contract extension of 30 days will extend the current completion date from February 26th to June 6th, 2000. This project is 100% Impact Fund eligible. Recommend the approval of Change Order for Phase III, Part 2 extension for Banana River Blvd. in the amount of $21,481.94 with a contract extension of an additional 30 days to Carl Hankins Inc. and the appropriation of the necessary funds. Attachments cc: File Corporate Office 14512 N. Nebraska Avenue Tampa, Florida 33613-1429 Telephone: (813) 977-7270 Fax Number: (813) 977-5419 April 7, 2000 Ed Gardulski Fax: (407) 799-3170 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Bid 99-03 Reclaimed Water Projects Phase III Extension Part II Dear Ed: We are pleased to submit prices for the extension of 6" re -use line on Banana River Boulevard. Item Unit Number Description Unit Price Total 2 Construction Survey 1 IS 596.64 596.64 3 Traffic Maintenance 1 LS 169.50 169.50 4 Re -use Line Testing 1 LS 406.80 406.80 5 6" Re -Use Line 678 FT 24.50 16,611.00 11 6" Gate Valve 1 687.00 687.00 20 2" Blow -off Assembly 1 566.00 566.00 21 Remove Existing Blow off Assy. & 1 655.00 655.00 Connect New 6" Re -use Main 26 Re -use Service Connection Single 1 336.00 336.00 (1") Long Service 29 Re -use Service Connection Singe (2") 2 559.00 1,118.00 34 Re -use Service Hose Bibb Assembly 3 112.00 336.00 TOTAL 21,481.94 We look forward to our continued relationship. Sincerely, CARL HANKINS, INC. r rE.H s President CEH:aj City of Cape Canaveral Reclaimed (Re-Use) Water Line Extension City of Cape Canaveral, Florida SSA Job No 99055 BID SCHEDULE ITEM QTY UNIT DESCRIPTION UNIT PRICE PRICE 1. 1 L.S. Mobilization $ 20,445.00 $ 20,445.00 2. 1 L.S. Construction Survey $ 5,460.00 $ 5.460.00 3. 1 L.S. Traffic Maintenance $ 1, 578.00 $_ 1, 578.00 4. 1 L.S. Re-Use Line Testing $ 3,800.00 $ 3,800.00 5. 2,142 L.F. 6 " PVC $ 24.50 $ 52, 479.00 6. 4,038 L.F. 4" PVC $ 21 .20 $ 85,605-60 7. 2 EA. 6" x 6" Tee $ 368.00 $ 736.00 8. 2 EA. 6" x 4" Cross $ 413.00 $ 826.00 9. 2 EA. 6" x 4" Tee $ 355.00 $ 770.00 10. 1 EA. 6" x 4" Reducer $ 299.00 $ 299.00 11. 8 EA. 6" Gate Valve $ 687.00 $ 5,496.00 12. 17 EA. 4" Gate Valve $ 571.00 $ : 9,707.00 13. 1 EA. 4" x 4" Tee $ 39.00 $ 3�A.00 14. 1 EA. 6" x 90° Bend $_ 304.00 $ 304.00 15. 2 EA. 6" x 45° Bend $ 291.00 $ 582.00 16. 2 EA. 6" x 22-1/2° Bend $ 2At _n0 $ SA2.-M 17. 1 EA. 4" x 90° Bend $ 261.00 $ 261.00 18. 2 EA. 4" x 45° Bend $ 258.00 $ 516.00 19. 8 EA. 4" End Cap $ 223:00 $ 1,784.00 20. 6 EA. 2" Blow-Off Assembly $_ 566.00 $ 3.396.00 21. 2 EA. Remove existing blow-off Assy. & Connect new 6" Reuse Main (Note 1) $ 655.00 $ 1,310.00 22. 2 EA. Remove Existing 6"x90° Bend. Install new 6"x6" tee, & Connect to Existing/new 6" Reuse Main (Note 2) $_ 1 ,738.00 $ 3,476,00. 23. 4 EA. Detail A: 6"x4" Cross/Storm Drain Pipe Crossing w.6" End Caps (Note 3) $ 2,338.00 $ 9,352-00 24. 5 EA. Detail B: 6" x 4" Cross/Storm Drain Pipe Crossing & Cut-in to Existing 6" Re-Use (Note 3) $ 2,338.00 $ 11, 690.00 25. 1 EA. Existing 4" Re-Use Main Connection $ 504.00 $ 504.00 26. 54 EA. Re-Use Service Connection (Single) (1") (Long Service) $ 336.00 $ 18,144.00 27. 58 EA. Re-Use Service Connection t (Single) (1") (Short Service) $ 276.00 $ 16,008.00 28. 4 EA. Re-Use Service Connection (Double) (1 ") $ 425.00 $ 1,700-00 29. 4 EA. Re-Use Service Connection (Single) (2") $ 559.00 $ 2,236.00 30. 25 L.F. Concrete Sidewalk Removal & Replacement (See Note 4) $ 22:50 $ 562.50 31. 75 L.F. Concrete Curb & Gutter Removal & Replacement (See Note 4) $ 19.50 $ 1,462. 0 32. 400 S.F. Concrete Driveway Removal & Replacement (See Note 4) $ 6.15 $ 2,460.00 BID 00300-3 City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension City.of Cape Canaveral, Florida SSA Job No 99055 BID SCHEDULE lContinued) ITEM CITY UNIT DESCRIPTION UNIT PRICE PRICE 33. 100 S.Y. Asphalt Pavement & Base Removal & Replacement (See Note 4) $----.L8 —.00 $ 2,800. 0 34. 116 EA. Re -Use Service Sprinkler/Hose Bibb Assembly $ 112.00 $ 12, 992.00 Total $279,592. 0 Centsinety Two and Sixty Acknowledgment is hereby made of the following Addenda received since issuance- of Plans .6nd Specifications: . Addendum No. 1 Dated: 9/24/99 Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: NOTES: 1. Bid price includes applicable appurtenances to make proper connection of existing re -use main to new 6" reuse main. Removed blow -off assembly appurtenances shall become property of City of Cape Canaveral Public Works Department. 2. Bid price includes new 6" x 6" tee, removal and restoration of existing asphalt and base pavement, concrete curb and gutter, and concrete sidewalk, as applicable. Removed 6" x 90° bend shall become property of City of Cape Canaveral Public Works Department. 3. Bid price includes 6" x 4" cross, 45° bends (4" & 6", as applicable), piping (4" & 6", as applicable), and 6" end caps, where applicable. 4. Quantity indicated is estimated quantity for bidding purposes only. Actual quantities shall be field measured and shall be paid to Contractor based on specified Unit Price for bid item. BID 00300-4 Meeting Type: Regular Meeting Date: 05-02-00 AGENDA Heading Considerations improvements funds within Brevard County. Item Summary Explanation & Background: No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF DCA DRUG CONTROL AND SYSTEM PROGRAM FUNDS DEPT. /DIVISION: LEGISLATIVE Requested Action: City Council authorize the mayor to send a letter of approval for the use of the drug control and system improvements funds within Brevard County. Summary Explanation & Background: Brevard County has asked for our approval as outlined in the attached correspondence. I recommend approval. Exhibits Attached: City letter; county correspondence City Man ffice Department LEGISLATIVE Mr. Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Dear Mr. Wilder: ty of Cape Canaveral In compliance with State of Florida Rules and Regulations for grant money allocation, the City of Cape Canaveral approves the distribution of $360,441.00 for Fiscal Year 2000/2001 Federal Anti - Drug Abuse Act funds for the following projects within Brevard County: Implementing Agency Proposed Project Federal Dollar Allocation Brevard County Court Alternative Services Court Alternative Services $ 15,000.00 Dru Testing Laboratory III Office of the State Attorney Teen Court II $104,000.00 Elder Service Unit I Repeat Offender Team ROT III Brevard County Sheriff's Office Brevard County Sheriff/ $241,441.00 Police Athletic Leagues Program IV Sincerely, Rocky Randels Mayor RR:kmm 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 . FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net 3MEVARO",V" OA1RD OF COUNTY COMMISSIONERS Ou ALTERNATIVE SERVICES dmini trative Office ublic 3alety Center, 1 ° Floor )40 S. Florida Avenue ockle Jge, FL 32955 April 11, 2000 The Honorable Rocky R. Randels, Mayor City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920-0326 Dear Mayor Randels: FLORIDA'S SPACE COAST Telephone: (407) 617-7360 Fax: (407) 633-2188 Q�-Jz q>�`-�-`�` I VT ��� 6>1 O 0 IN1�61 The State of Florida, Department of Community Affairs (DCA) has available federal Drug Control and System Improvement Program (Edward Byrne) funds totaling $14,158,119 for FY2000/2001. These funds are to be utilized to implement local drug control and system improvement projects designed to reduce the production, transfer and use of controlled substances, reduce the incidence of drug-related violent crime, and make improvements to the criminal justice system. The DCA, Bureau of Community Affairs has allocated $360,441.00 of these funds for use by all units of government within Brevard County. With the support of the Brevard County Association of Chiefs of Police, three agencies are proposing various projects. Each agency must provide a minimum cash match equal to 25% of the total project budget. Applications for such projects will be submitted for approval to the Board of County Commissioners by May 9, 2000. The three applying agencies are: 1) The Brevard County Sheriff's Office 24) The Office of the Brevard County State Attorney 25) Brevard County Court Alternative Services A brief synopsis of each agency's proposed project and requested budget is attached. Once again, we are requesting a resolution/letter approving the distribution of the Edward Byrne funds for the above -referenced agencies. Please format your letter as shown in the attached sample and forward the original to my office. We will include these letters with the grant applications, so it is not necessary for you to mail yours to DCA. It would be greatly appreciated if your letter is received in my office no later than May 31, 2000. C WY DOCUMENTS\BYRNEGRA1Muuicipalities.Lt.doc - 4.11-00 PRINTED ON RECYCLED PAPER The Honorable Mayor April 11, 2000 Page —2 - Thank you once more for your continue support. Please do not hesitate to call me if you have any questions pertaining to this matter. Very truly yours, 11-� . - #9 czlal Patricia Lapentti Bean, Director Court Alternative Services Department KH/PLB/rbl Enclosures Copy: Sheriff Phillip B. Williams, Brevard County Sheriff's Department Norman Wolfinger, Brevard County State Attorney Tom N. Jenkins, County Manager/Brevard County Donald Lusk, Brevard County Community Services Administrator Jack Parker, Public Safety Department Director Kimberly Hobbs', Drug Court Program Manager/Court Alternative Services CAMY DOCUMENTS\BYRNEGRA\Municipalitiea.Lt.doc - 4-11-00 'Njeriff Office (407) 264-5201 FAX (407) 284-5360 700 Park Avenue Titusville, A 32780 Problem: Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE Member, Florida Sheriffs Association Member, National Sheriffs Association BREVARD COUNTY SHERIFF'S OFFICE EDWARD C. BYRNE GRANT APPLICATION PROGRAM SYNOPSIS Increasing juvenile crime due to youth not being instructed as to proper behavior at hom.'being allowed to roam unsupervised after school and on weekends, being part of an ethnically diverse county population conducive to gang formation, and having a multif de of areas where youth can get into trouble throughout the county. Solution: Begmning m Fiscal Year 1998, the Brevard County Sheriffs Office applied for funding from the Edward C. Byrne Grant to he utilized�'ointly by the Shaffs Office and the municipal poIioe aaggencies of Brevard County. This funding has trade possible establishment and enhancement of `Tolice Athletic League" (PAL) programs through -out Brevard County. Spec>scally, the Sheriff's Office, Cocoa PD, Melbourne PD, Patin Bay PD, Satellite Beac inn Harbor Beach PDs, Titusville PD, and West Melbourne PD have started and/or enhanced PAI. programs within thea areas of jwisdiction and are presently providing over 150,000 participation occasions each year for youth. Law enforcement personnel supervise all program activities with assistance from civilian and volunteer personnel, all of whom are carefully screened. Programs are designed to instill values of teamwork, anger control, respect for authority, the value of avoiding substance (including aI hoI) abuse, self worth, and other values essential to living a drug-free, law abiding life in today's society. For fiscal year 2001, the Sheriff's Office is applying for 5241,441 to be used by agencies previously named for continuation and enhancement of PAL programs. The grant will be administered by the SherilTs Office and match funding wnM be�p�vided by the Sheriffs Office from the State Law Enforcement Trust Fund. These continually e)` =programs will allow ever increasing rnmtbcrs of yyouth to better their lives and to be more use future citizens. Our goal is the same as that of tbt: National PAL organization "Filling Playgrounds, not Prisons". This is a unique approach to juvcm*k eri m by m=*crs of law enSnrcement. We look forward to continuing these programs m Brevard County. Request: Brevard County Commission support and approval for the Sheriff's application for S 241,441 in Edward C. Byrne Grant funding from the State of Florida, Departnxnt of Community Affairs, Criminal Justice Section for Police Athletic League activities throughout Brevard County for fiscal year 2001. Kin 11"canct F -.,k Avernus Central Precinct Canaveral Precinct South Pry in i vigg, FI 32780 2575 N. Courtenay Pkwy. 111 Polk Avenue 2725 Jrrrl9e Fran Jamieson 7) 284-5353 Meeft Island, A 32953 Cape Ceuiaveral, F) 32535 Way, E 264-5359 FAX (407) 455-1465 (407) 455-1488 FAX (407) 868-1113 (407) 784.6340 FAX Viera, F13 40 (4071633-2123 1,307) 633-1565 VAX Brevard County Detention P.O. Box 800 860 Comp Road Sharpes, F132959 (407)690-1500 (407) 635-7800 FAX 11�! I inml s-comr4 -, ,, - - �ot he *Ja'�.� io call me if you !-_ ve a,,iv Thank o.nc� tiorc foo our con't as., di, quer_%)111; nta- , this matter. i,,,,� , 1 4:2 iS Office of the State Attorney Byrne Grant Programs Federal Requested: $104,000.00 Grant Period: October 1, 2000 — September 30, 2001 Repeat Offender Team III— This program is entering its third year. Personnel are located in the State Attorney's Viera Office and include three positions and four support staff, one full-time clerk, two part-time secretaries and one full-time paralegal. The program is aimed at the early identification of career criminals at first appearances and the monitoring of prison releasees upon their return to Brevard County. • Federal funds in the amount of $54,000.00 are requested from Byrne Grant resources. • The matching fund requirement in the amount of $18,000.00 will be expended from the State Attorney's Office General Revenue Fund. Elder Services Unit I — This is a new prevention program following the guidelines of Byrne Grant Program Area #4 — Crime Prevention. The main focus of the unit will be to coordinate with local law enforcement, social service agencies, and Adult Protective Services, and provide needed services to the elder population in Brevard County. The grant will fund salary and benefits for one full-time State Attorney investigator whose priorities will include: Tracking and maintaining a database on all elder abuse cases referred to the State Attorney's Office for prosecution. Investigating appropriate cases for the Assistant State Attorney Creating and implementing a training curriculum for law enforcement and social service agencies and educating seniors on how to detect and avoid abuse Collaborating with Brevard County TRIAD, State Attorney Neighborhood Initiative, Department of Elder Affairs, Senior Resource Alliance, Community Services Council, law enforcement, and Brevatd County social service agencies. • Funding is requested in the amount of $30,000.00 from Byrne Grant resources. • The matching fund requirement in the amount of $10,000 will be expended from the State Attorney's General Revenue Fund. Teen Court W — This program is entering its fourth year. Teen Court provides an alternative to juvenile offenders who chose to be judged by a group of their peers, rather than a circuit court judge. Teen Court, located in the State Attorney's Office in Viera, employs one program assistant coordinator who screens Teen Court defendants for eligibility, assists in recruiting of Teen Court participants and adults and attends Teen Court -'session. • Federal funds in the amount of 520,000 are requested from Byrne Grant resources • The matching fund requirement in the amount of $7,000.00 will be expended from the State Attorney's General Revenue Fund. BREVARD COUNTY COURT ALTERNATIVE SERVICES DRUG TESTING LABORATORY 2000-2001 BYRNE GRANT SUMMARY With the use of a federal grant in October, 1994, Brevard County Court Alternative Services Implemented the Drug Court Program to address the treatment needs of first time felony drug offenders. A primary component to this program has been the availability of on-site drug testing of the offenders by means of urinalysis. However, it is recognized that drug/alcohol within Bievard County is not limited to Drug Court clients, but is also a major risk :actor for more than fifty percent of offenders placed on some type of supervision in the criminal justice system. Acknowledging this fact, many agencies, programs and the judiciary have incorporated random and periodic drug testing as a means of measuring compliance with court orders and also to aid in determining the need for substance abuse treatment. Unfortunately, the ability to carry out such requests is contingent upon the availability of affordable testing. Four other county programs requiring drug testing are collocated with the Drug Testing Lab. These programs are Misdemeanor Probation, Misdemeanor Pretrial Diversion, Community Supervision, and Alternative Community Service. As a result of grant funding received in FY98-99, the Drug Testing Lab was able to hire a part-time drug testing technician and expand its services to these programs. Court Alternative Services is requesting to continue the funding of this position in FY2000-2001 so there will be no interruption in services to the expanded programs as well as to the criminal justice community. Requested federal funding is $15,000.00 with a local match of $5,000.00. I Meeting Type: Regular Meeting Date: 05-02-00 AGENDA City Council consider the appointment of a regular and alternate member to the Beautification Board. Heading Resolutions Please advise. Item Applications; Resolution No. 2000-12 City er's Office No. ] - ,� �•ai AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2000-12, APPOINTING A REGULAR MEMBER ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD DEPT./DIVISION: LEGISLATIVE AND AN Requested Action: City Council consider the appointment of a regular and alternate member to the Beautification Board. Summary Explanation & Background: The applicants are Mrs. Judy Hale and Mrs. Elizabeth Mars. Please advise. Exhibits Attached: Applications; Resolution No. 2000-12 City er's Office Department LEGISLATIVE - ,� �•ai RESOLUTION NO. 2000-12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE (1) REGULAR MEMBER AND ONE (1) ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11 -68 created a Board known as the Beautification Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to a one (1) Regular Member and (1) Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Florida, as follows: SECTION 1. is hereby appointed as a Regular Member of the Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2002. SECTION 2. is hereby appointed as an Alternate Member of the Beautifii Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2002. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2000. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Smith, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\BOARDS\Appointments\Beautification Reg & Alt.doc ral, PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD _.plicant Name: Home Address: l\CJ LY .��n'. Home Telephone: La z\ 9'�N=2) —2� Z Business: U Business Telephone: �A A . Office Address: N, /�k , Brief Description of Education and Experience: So, )-j �Q\ EA--tl r.�3� a Are you a registered voter? Yes _� No Have you been a resident of the City for 12 months or longer? Yes No :)o you currently hold a public office? Yes No a— you presently employed by the City? Yes No ✓f �t the present time, do you serve on a City Board? Yes No V u the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, irother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, moth r-in- iw, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, tepsister, half brother or half sister? Yes No ,t the present time, do any of the following relatives of yours serve on any other City board, commission or s ecial istrict: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No V lease specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Construction Board of Adjustment & Appeals* _ Board of Adjustment* Library Board _ Business and Cultural Development Board Planning and Zoning Board* — Code Enforcement Board* Recreation Board _ Community Appearance Board* (embers of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each) year lowing the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 _ase list what you feel are your qualifications to serve as a member on one of rhe Cirwe dould you consider serving on another City Board other than the one(s) you have selected on the front of(l form? Yes No pplicant's signature: Date: - — 1SE NOTE: nitial appointment to any City Board is subject to City Council approval followin a brief interview before the City Council at a regularly scheduled meeting. g 2• Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 PLEASE COMPLETE BOTH SIDES OF APPLICATIO FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD plicant Name: Z<-�� �}�� �l �ij� Home Telephone:�x Home Address X19 Business: Business Telephone: i Office Address: A) //�' Brief Description of Education and Experience: 191- C ,'%f� %� � ,��--,11-����� .�'3C:tf /L�/1� % ✓.9i£'y' � �r Ljr:��.�►,�J �Gfi��,���iL; � ,�-i,� 51- 0� Are you a registered voter. Yes No Have you been a resident of the City for 12 months or longer? Yes No Do you currently hold a public office? ko you presently employed by the City? kt the present time, do you serve on a City Board? Yes Yes Yes No 1. No G No kt the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, d )rother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mi aw, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, step tepsister, half brother or half sister? Yes No ►t the present time, do any of the following relatives of yours serve on any other City board, commission or istrict: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No 1_ ' lease specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) V Beautification Board _ Board of Adjustment* _ Business and Cultural Development Board Code Enforcement Board* _ Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* Recreation Board '/G -in (embers of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each( year towing the initial appointment while still a member of said Board. Cpty of Cape Canaveral, Florida City Board Application Page 2 ase list what you feel are your qualifications to serve as a member on one of the City's Boards: iG, L- /A-) �. y,6. 5 �' VotAld you consider serving on another Cit, Board other than the one(s) you have selected on the front of this form? Yes No pplicant's signature: ,f^ Date: 'F -ISE NOTE:pp 1 • Initial appointment to any City Board is subject to City Council approval following a interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3• If you should have any questions regarding the completion of this application, p] contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 4 f Meeting Type: Regular Meeting Date: 05-02-00 AGENDA Heading Resolutions Summary Explanation & Background: Item See attached application. Term will expire on 10-01-2002. No. 8 Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2000-13, APPOINTING A REGULAR MEMBER TO RECREATION BOARD DEPT./DIVISION: LEGISLATIVE THE Requested Action: City Council consider the appointment of Arthur Berger as a regular member of the Recreation Board. Summary Explanation & Background: See attached application. Term will expire on 10-01-2002. Please advise. Exhibits Attached: Application; Resolution No. 2000-13 City Man Office Department LEGISLATIVE _ .�n::r!� u• ��� ��f:'*111 �� RESOLUTION NO. 2000-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 24-64 created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the city of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby appointed as a Regular Member of the Recreation Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2002. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this day of 2000. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Smith, CITY CLERK Buzz Petsos APPROVED AS TO FORM: Rocky Randels Richard Treverton Larry Weber Kohn Bennett, CITY ATTORNEY G:\CityClk\Resolutions\BOARDS\Appointments\Recreation.doc PLEASE COMPLETE BOTH SIDES OF APPLICATIO FOR'VI. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD flicant Name: �Tn% Home Telephone: Hdme Address: 2�J %-r/,�/��-, 5 / U -e Business: Office Address: Brief Description of Education and Experience: Business Telephone: 45-5-- 3z0 Arei you a registered voter? Yes t/ No Flame you been a resident of the City for 12 months or longer? Yes t/ No Do you currently hold a public office? Yes No v kte you presently employed by the City? �t tl�e present time, do you serve on a City Board? Yes Yes No No r/ it toe present time, do any of the following relatives of yours serve on the City Council: father, mother, son, dau rot4er, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mote tw, Ison-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbr teps�ister, half brother or half sister? Yes No It t doe present time, do any of the following relatives of yours serve on any other City board, commission or special istrik t: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes easo specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) _ Beautification Board _ Board of Adjustment* _ Business and Cultural Development Board Code Enforcement Board* _ iCommunity Appearance Board* No Y Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* / Recreation Board embers of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year owing the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 ase list what you feel are your qualifications to serve as a member on one of the City's Boards: G -/,/e 0 If9AI o i � .: 130 /?L� s . It yould you consider serving on another Ci oard other than the one(s) you have selected on the front of this form? 1� Yes o pplicant's signature: �-- Date: [ U lkSE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3• If you should have any questions regarding the completion of this application, p contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N. ATLANTIC AVENUE P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 (321) 868-1226 e -mall: parlini cCrri bmiet EMO Tb: Bennett Boucher, City Manager Sandra Smith, City Clerk F�LOM: Nancy Hanson, Parks & Recreation Director DATE: March 29, 2000 RIE: Recreation Board Recommendation Oe Recreation Advisory Board, at their meeting on Monday, March 27, 2000, v*ed unanimously to recommend to Council that Arthur Berger be appointed to t1w Board. Meeting Type: Regular Meeting Date: 05-02-00 AGENDA City Council consider the proposal from the former city clerk Mrs. Janet Leeser to rename Tower Boulevard to Heading Discussion Mrs. Leeser, as outlined in the attached letter, gives the city council ample justification to consider renaming Item 9 Exhibits Attached: No. City Man Office Department LEGISLATIVE AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RENAMING OF TOWER BOULEVARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the proposal from the former city clerk Mrs. Janet Leeser to rename Tower Boulevard to Thurm Boulevard. Summary Explanation & Background: Mrs. Leeser, as outlined in the attached letter, gives the city council ample justification to consider renaming Tower Boulevard to Thurm Boulevard. Please advise. Exhibits Attached: Mrs. Leeser's letter of 04-25-00 City Man Office Department LEGISLATIVE /a cil/meet g/2000/ - /tower.doc April 25, 2000 213 Harbor Drive Cape Canaveral, FL 32920 Mayor and City Council City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Re: Renaming Tower Boulevard It is my understanding that you are planning to rename Tower Boulevard. Please consider the name Thurm Boulevard in honor of Richard and Ann Thurm's numerous years of service to the City. Richard Thurm Mr. Thurm was the City's first Mayor to serve under the City Charter. He was elected to Council in June 1963 and appointed Mayor by the City Council. He served in that capacity until 1970. Under Richard's early leadership: • City Hall was constructed • Library was formed • Sanitary sewers were installed • Storm drainage and street paving were completed Richard continued to serve the City as a member of the Zoning Board of Adjustment from 1975 to 1978. He also served on the Planning and Zoning Board, 1982 to 1992. Ann Thurm Mrs. Thurm was first elected to City Council in 1972. In 1973 she was appointed Mayor Pro Tem by Council and served in that capacity until 1977. In 1977 she became Mayor when the current Mayor resigned. In 1978 she was elected M_ ayor to complete the one- year term of office of the former Mayor. In 1989 she again entered City politics and was elected as a Council Member after being appointed to complete the term of office of a council member who had resigned. She served on Council until 1992. Mayor and City Council April 25, 2000 Page 2 Ann's major accomplishments while serving as Mayor and on the City Council: • Supporter of Density Referendum, 1973 • Encouraged beachfront property owners to sign easements facilitating the beach renourishment project of 1976 • Instrumental in getting ad valorem tax approved to construct the Recreation Complex and Police Facility, 1975 • Spearheaded contracting with Brevard County Sheriffs Department, 1977 • Supporter of Cape Canaveral Library; encouraged Council to continue Library funding prior to Brevard County taking over the library operations • Advocate of sewer plant expansion project In 1987 Ann was appointed City Historian. She continues to serve the City in that capacity. Some of her many projects: • Compiled five scrapbooks that are displayed at the Cape Canaveral Library (this is an ongoing project) • Authored two editions of The History of the City of Cape Canaveral and the Cape Canaveral Area • Assembled display of Mayors' portraits in the Council Chambers Ann also served as a valued member of the Zoning Board of Adjustment from 1983 to 1996. In the early years Ann served the City as Chairman of the Recreation Department, 1964- 1968, and as a poll worker during City elections. Richard and Ann Thurm have served the City a combined total of 48 years! Ann continues to serve as City Historian. Please consider renaming the street known as Tower Boulevard to Thurm Boulevard in their honor so current and future citizens of the City will recognize the valuable service they have provided to the City of Cape Canaveral since its inception. Sincerely, C)anetXS. Leeser Former City Clerk cc: Bennett Boucher, City Manager Meeting Type: Regular Meeting Date: 05-02-00 AGENDA Heading Discussion referendum question in November. Item Summary Explanation & Background: No. 10 county and city managers about this issue and there are three main issues that need to be considered with AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: LOCAL GOVERNMENT INFRASTRUCTURE SURTAX DEPT./DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the Brevard County Board of County Commissioners placing this tax as a referendum question in November. Summary Explanation & Background: The Brevard County Commission will discuss this issue at their May 23 meeting. I met recently with the county and city managers about this issue and there are three main issues that need to be considered with the implementation of this tax: 1. The amount, I/2 cent or 1 cent tax per dollar, 2. What should be the term of this tax; under State Statute the maximum period is (15) years, 3. Should the tax be earmarked for specific use or general use to be determined by each city and the county for their infrastructure needs. Attached is a memo outlining revenue estimates and use of funding, distribution and implementation information. Please advise. Exhibits Attached: County memo dated 04-18-00 City M ge Office Department LEGISLATIVE B R EVA R D COUNTY INTER -OFFICE BOARD OF COUNTY COMMISSIONERS MEMORANDUM TO: Tom N. Jenkins, County Manager FROM: Stockton Whitten, Management Services Director CV SUBJ: Penny Sales Tax Proceeds DATE: April 18, 2000 The Local Government Infrastructure Surtax, a form of the Local Discretionary Sales Surtax, as authorized by Sections 212.054, and 212.055, Florida Statutes can be levied at a rate of 0.5% or 1% (one-half cent to one -cent per dollar). Revenue forecast: The Florida Department of Revenue projected the following revenues for Brevard County based on the levying of a 0.5% or 1% local discretionary sales surtax for the State's current fiscal year. BREVARD Distribution Based Distribution Based On 0.5% Tax Rate I% Tax Rate Source: 1999 Local Government Financial Information Handbook/Florida Department of Revenue The above estimates reflect the non -applicability of tangible personal property above i. $5,000. Additionally, these estimates are based on the state distribution formula in the absence of an Interlocal agreement. C:\MY DOCUMENTS\pennytax.doc Amount % Amount % BOCC $12,164,665 56.42% $24,329,331 56.42% Palm Bay $2,568,809 11.91% $5,137,617 11.91% Melbourne $2,273,820 10.55% $4,547,641 10.55% Titusville $1,371,955 6.36% $2,743,910 6.36% Rockledge $638,438 2.96% $1,276,876 2.96% Cocoa $590,800 2.74% $1,181,600 2.74% Cocoa Beach $422,089 1.96% $844,179 1.96% Satellite Beach $336,927 1.56% $673,854 1.56% West Melbourne $317,885 1.47% $635,770 1.47% Cape Canaveral $287,641 1.33% $575,283 1.33% Indian Harbour Beach $258,716 1.20% $517,432 1.20% Melbourne Beach $107,499 0.50% $214,998 0.50% Indialantic $102,491 0.48% $204,983 0.48% Malabar $80,748 0.37% $161,496 0.37% Melbourne Village $20,294 0.09% $40,588 0.09% Palm Shores $18,844 0.09% $37,689 0.09% Total Brevard $21,561,621 100.00% $43,123,247 100.00% Source: 1999 Local Government Financial Information Handbook/Florida Department of Revenue The above estimates reflect the non -applicability of tangible personal property above i. $5,000. Additionally, these estimates are based on the state distribution formula in the absence of an Interlocal agreement. C:\MY DOCUMENTS\pennytax.doc Use of funding: Funding from the above tax and any accrued interest may be used only for the following: 1. Financing, planning, and construction of infrastructure 2. Funding general public purpose economic development projects for improving local economies 3. Acquiring land for public recreation, conservation, or protection 4. Under specific conditions, financing the closure of solid waste landfills Under very limited certain circumstances, funding for operational expenses of infrastructure is authorized. As of July 1999, twenty-eight counties levied this surtax at 1%, with the exception of Bay and Hillsborough counties levying at 0.5%. Distribution: Distribution can be based on an Interlocal agreement between the Board of County Commissioners and municipalities representing a majority of the municipal population. The rule regarding distribution of these taxes through an Interlocal agreement do not reference any sort of municipal population criteria and therefore it appears to be a manner of negotiation. Again, in the absence of an Interlocal agreement, distribution will be based on the Half -Cent Sales Tax formula as outlined in the above in the above referenced revenue projections. Implementation: This levy requires an ordinance approved by a majority of the Board of County Commissioners and approved by voters in a countywide referendum. In the absence of action by the Board, municipalities representing a majority of the county's population may adopt uniform resolutions calling for a countywide referendum. If the referendum is approved, the levy will take effect. Please advise if additional information or clarification is required. SW/s cc: Dennis Rogero, Budget Manager C:\MY DOCUMENTS\pennytax.doc