Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet 06-15-1999
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 15, 1999 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATION: Sister City, Kloten Switzerland CONSIDERATIONS: 1. Motion to Approve: Regular City Council Meeting Minutes of February 16; March 2; March 16; April 6; April 20; May 4; May 18; and June 1, 1999. 2. Motion to Approve: 3. Motion to Approve: 4. Motion to Approve: 5. Motion to Approve: Blarney 67, Inc. Settlement Agreement Emergency Repair of Sanitary Sewer Force Mains. Bid #99-01, Publishing Services — "Lessons Learned in Planning and Zoning, Cape Canaveral" Designation of A Voting Delegate for the Florida League of Cities Annual Conference. ORDINANCE FIRST READING: 6. Motion to Approve for second reading. Ordinance No. 04-99, C-2 District AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C=2 COMMERCIAUMANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ City of Cape Canaveral Regular Meeting Agenda June 15, 1999 7. Motion to Approve for second reading: Ordinance No. 05-99, Repealing Section 110-352(7)(e), Amortization of Nonconforming Uses AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 110-352(7)(e), AMORTIZATION OF NONCONFORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE 8. Motion to Approve for second reading: Ordinance No. 08-99, Repealing Paragraph (e) of Section 110470, Fences, Walls and Hedges. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING PARAGRAPH (e) OF SECTION 110-470, FENCES, WALLS AND HEDGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES: SECOND READING: 9. Motion to Adopt Ordinance No. 06-99, Amendments and Rezonings for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Motion to Adopt-. Ordinance No. 07-99, Local Planning Agency. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE REPORTS: 11. City Manager's Report 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. ity of Cape Canaveral Regular Meeting Agenda June 15, 1999 REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 16, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski Building Official, Dennis Franklin PROCLAMATIONS: <Tape 1, > Mayor Randels chose to defer presenting the proclamations on National Child Abuse Prevention and Fair Housing until the next scheduled City Council meeting. INTERVIEW: Craig Smith, Commercial Development Board Candidate Leo Nicholas, Beautification Board Candidate John Porter, Beautification Board Candidate CONSIDERATIONS: 1. <Tape 1, 678 > A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Reclaimed Water Agreement between the City of Cape Canaveral and the Canaveral Port Authority. Mr. Bruns clarified that the rate is the only outstanding issue and cannot be determined until the rate study by Burton & Associates is complete. The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. Cape Canaveral City Council Minutes February 16, 1999 Page 2 2. <Tape 1, 830 > Mayor Randels explained that the grant for an alternative fuel vehicle could not be for a replacement vehicle. Council concurred that more research should be done before pursuing the vehicle and fueling station. The Alternative Fuel Grant Application failed for lack of a motion. 3. <Tape 1,1643 > A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Mowing Contract Renewal with Lawns by Scott, Inc., in the amount of $10,260.80. Public Works Director, Ed Gardulski reported that the cost is a very good value for the quality service Lawns by Scott has provided. Council concurred that the landscaping contract with Nick's should be extended to coincide with this contract to facilitate a comprehensive landscaping bid. The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 4. <Tape 1, 2035 > Mayor Randels read Resolution No. 99-03 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO REGULAR MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to appoint John Porter and Leo Nicholas as regular members to the Beautification Board with terms to expire on November 1, 2001. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 2085 > Mayor Randels read Resolution No. 99-04 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to appoint Craig Smith as an alternate member to the Commercial Development Board with a term to expire on June 1, 2001. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. Cape Canaveral City Council Minutes February 16, 1999 Page 3 DISCUSSION: 6. <Tape 1, 2126 > Department of Community Affairs (DCA) comments on the Comprehensive Plan and response options. City Planner, Todd Peetz explained the DCA's questions on describing density and intensity. He reported that the DCA recommended a floor to area ratio without having to go to the City's code. He opined that the City could state, not to exceed a two to five ratio, with further definition in the City's Zoning Code. Mr. Peetz stated that he has prepared a letter for the Mayor's signature if Council concurs with his response. Council concurred to send the letter as prepared by Mr. Peetz. REPORTS: 7. <Tape 1, 2648 > City Manager — Bennett Boucher • Mr. Boucher reported that the Preservation 2000 grant cycle is due April 1, 1999, with $2.5 million eligible. Council concurred that the City pursue purchasing the oceanfront properties located north of Cherie Down Park and at Buchanan and Pierce. Leo Nicholas suggested that the City consider creating a greenway along the ditch, commonly called Canaveral Creek. John Porter suggested that the City pursue grants for greenways and parks beyond the Preservation 2000. He related that in five years, grant opportunities would likely be unavailable. • Mr. Boucher reported that the City Attorney would help him draft a letter to the property owners along Holman Road regarding the deed of record. • Mr. Boucher reported that Planning and Zoning Technician, Steve Bapp has prepared the C-2 pamphlets for distribution and can be reviewed before they are dispensed. Audience No report. City Clerk — Sandra Sims No report. Cape Canaveral City Council Minutes February 16, 1999 Page 4 City Attorney — Kohn Bennett • Mr. Bennett reported that the City's liability attorney, Scott Pendley, would likely call a closed session to consider a settlement offer with Fairvilla. Council Member — Richard Treverton No report. Council Member — Burt Bruns No report. Council Member — Tony Hernandez • Mr. Hernandez requested that the engineer's design details of the proposed City BallPark renovations are placed on the next agenda for consideration. • Mr. Hernandez reminded staff and Council not to lose sight of obtaining Investigative Fees due the City from the Sheriffs Department. • Mr. Hernandez suggested that the City consider a landscaping project on Rosalind along the school. Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried about the sand fence permit status. Mr. Gardulski reported that he does not have a time frame thus far. • Mr. Petsos stated that the City should display on the City's marquee that the Bike Helmet Law was passed and is in effect. Mayor — Rocky Randels • Mayor Randels reported that the Charleston, South Carolina Mayor would be speaking at the Cocoa Village Playhouse on Wednesday, February 24, 1999 regarding methods of establishing an Arts Council. • Mayor Randels reported that he met with Florida Department of Transportation representative, Nancy Houston regarding the intersection of North Atlantic and Astronaut Boulevard. The Department will do an analysis. • Mayor Randels reported that Mayor Pro Tem Petsos has been appointed to the Florida Defense Alliance, Base Realignment Committee. He will be addressing the benefits of the military in Florida. There being no further business, the meeting adjourned at 9:12 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 2, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attomey, Kohn Bennett Assistant City Clerk, Susan Stills City Treasurer, Andrea Bowers PROCLAMATIONS: <Tape 1, 39> Mayor Randels read the proclamation for Fair Housing Month and presented it to Mr. David Beady, Executive Director. Mr. Beady informed the audience that the Fair Housing Continuum is a private, non-profit organization that handles a portion of Housing and Urban issues through housing discrimination complaints and enforcement. He added that in the City of Cape Canaveral it is imperative that developers meet accessibility requirements due to a recent lawsuit involving three multi -family dwellings in the city that did not meet the federal accessibility requirement. The building permit process can foster awareness of the requirements as well as education and outreach programs. Mr. Boucher recommended making materials from the Continuum available to developers. <Tape 1, 430> Mayor Randels asked Officer Ernie Perry to provide information on the Brevard County Triad. Officer Perry explained that the Triad extends from SR 528 to the Pineda Causeway. The Triad is a National organization formed last March by the Sheriffs Office, the State Attorney's office and the Chief of Police Association. The program deals with quality of life issues for seniors. Officer Perry explained that SALT City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 2 Councils would meet once of year looking into quality of life issues for seniors in the local area. Although these issues are not traditionally law enforcement tasks, due to the nature of citizen accessibility, the program lends itself to their involvement. Officer Perry distributed sample surveys that were inserts to the Senior Life magazine. The SALT Councils would review the surveys in order to develop programs around issues. In addition to the survey, senior referral cards would be distributed to law enforcement personnel for distribution to seniors and locate help in their respective area of need. Mr. Nicholas expressed concern with the City's financial obligation to the program. Mayor Randels explained that the service agencies are already in existence and the program would help to match a service agency with seniors in need. Mr. Treverton asked how the Triad would publicize the surveys. Officer Perry said that a background organization has taken on the distribution function. Officer Perry informed the audience that the Triad is non-profit organization that started on a charter from the Sheriffs Office, the State Attorney's office and the Chief of Police Association. The Sheriffs office made an initial $3,000 donation and over $7,000 in sales and proceeds from the National Conference, subsequently the program is at no cost to Brevard County. Mr. Petsos asked Officer Perry to explain the purpose of the Cape View Citizens Patrol. Officer Perry explained that Mr. Mark Pappas, Cape View Elementary teacher, researched and initiated a program that empowers the school children to enact on behalf of their community at the school. Mr. Pappas formed the Cape View Citizens' Patrol that mediates altercations, reports suspicious activity and takes an active part and responsibility for situations on the school campus. Through the City Council and the city at large, T-shirts were given to 18 designated members. Mr. Petsos read one of the thank you letters from the students to the City. Mayor Randels presented Officer Perry with a personal thank you letter from the students. Mr. Bruns queried about response from the "No Trespassing" signs in the City. Officer Perry stated that citizen response is congratulatory and the program is a success. Mayor Randels explained to the audience that the City is engaged in a program on unauthorized camping on private property. The process is to notify the owner when individuals are camping on their property and with an affidavit and the owner's permission, the City approaches the individuals and notifies them to leave the area. Officer Perry stated that the program does not attack the homeless but protects an individual's private rights. He emphasized that the homeless, if they chose, are provided services. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 3 CONSIDERATIONS: 1. <Tape 1, 1213> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Final Plat for Madison Townhomes. Mayor Randels questioned the process in that a replat is approved after the construction is complete. Attorney Bennett explained that the Preliminary Plat approval precedes this step. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 1336> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve that the City provide $2,000 to match a $2,000 donation from USA Waste Management to prepare a detailed site plan for the Cape Canaveral City Park. Mr. Boucher explained the project status in that an engineering cost estimate is needed for subsequent grant funding. Mr. Hernandez spoke in favor of the project in that this is an opportunity to beautify the City. Mr. Petsos, although in favor of the project, stated that members of the League are no longer in full support of the project due to a change in the field's current use. Mr. Petsos recommended knowing the League's requests before continuing to develop a site plan. Mr. Bruns asked if the site plan is based on the rendition and would the cost change after additional input. Mr. Hernandez clarified that the site plan would not be based on the rendition, after funding approval he anticipated input from contributing factions. Mr. Petsos stated that due to the change in current opinion on the project, additional input is needed before proceeding with a site plan. Mr. Hemandez displayed the color rendition and related different aspects of what could be developed and he emphasized that the site plan would be a commitment to the project. Mr. Pekar explained that Stottler, Stagg would input the dimensions into the Computerized Architectural Design (CAD) and achieve a hard line layout from group participation. Mr. Nicholas expressed the need to review the field's use and accommodation to the players in the analysis of the field's development. Mr. Treverton related that he toured the Recreation Center and the ballfield with Ms. Nancy Hanson, Recreation Direction. He recounted that Ms. Hanson was not in favor of bulldozing the park for new development. Mr. Hernandez clarified that revitalization is the overall goal not changing the park's dimensions. Mr. Pekar explained that the plan would retain the retrofit lighting and the fence and other amenities would fit into these elements using true dimension lines from the CAD. Mr. Nicholas asked who else City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 4 would determine the project beyond the Little League. Mr. Boucher stated that the Recreation Board would address this issue along with the City engineers. An amendment was made to the main motion by Mr. Petsos and seconded by Mr. Bruns to include the verbiage; "prior to expenditure of funds the Recreation Board will hold a meeting and all possible interested parties can attend." Mr. Boucher recommended setting this item aside until the Recreation Board holds a workshop meeting. A motion was made by Mr. Bruns and seconded by Mr. Treverton to withdraw both the main motion and the amendment and to table the approval of a detailed site plan until time certain. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 3189> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Engineering Services for Design of the Entrance Roadway to the Banana River Park at a cost of $6,950 with funding appropriated from County Road Impact Fees. Mr. Boucher explained that he and Mayor Randels closed on the Banana River Park property on Thursday, February 25th. The City now has a 50-foot ingress and egress right-of-way along the property boundary. Mr. Boucher requests that Council approve the funding and incorporate this proposal along with the Tower Blvd. bid to Stottler, Stagg. Mr. Boucher affirmed Mr. Petsos's query that the roadway is solely used for the park. Mr. Bruns asked the City Engineer if a 5-foot sidewalk is large enough and asked that he take this in consideration when planning. Mr. Boucher stated that Public Works would also try to direct the stormwater runoff into the lift station. Mr. Boucher negated Mr. Bruns's question that this process would impact the sewer lines in the City's north end. Mr. Boucher explained that a utility easement from the landowner was necessary for a sewer line. Mayor Randels clarified that the City does not have the right to install sewer lines on the road. Attorney Bennett clarified further that the right of that roadway use is a non-exclusive right with the public. Mr. Bruns's expressed concern that installing a sewer line would destroy the road. Mr. Boucher explained that the responsibility for repairing damage lay with those installing the line. Mayor Randels asked for information on the joint project with the City of Cocoa Beach. Mr. Boucher explained that he is working on a joint bid with the Cocoa Beach City Manager to install a road thereby reducing costs. Mr. Petsos queried about the funding source for this project. Mr. Boucher recommended that the City use the County Road Impact Fees. Mayor Randels asked for clarification on the use of these City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 5 fees. Mr. Boucher explained that $52,000 is available for the City's use and that these funds are a source for new roads and sidewalks since impact fees are used for new development. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape 2, 138> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve a Cooperative Purchase of a Chevrolet Cargo Van in the amount of $17,310 for the Public Works Department. Mayor Randels explained that funds for this vehicle were actually budgeted and approved at $19,000. Mr. Walter Bandish, Chief Operator, stated that the unencumbered amount would be used to retrofit the van to carry supplies. Mr. Petsos questioned why the extended warranty was not included due to multiple employees. Mr. Bandish answered that the warranty was not beneficial. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For DISCUSSION: 5. <Tape 2, 226> Mayor Randels asked Mr. Boucher to explain the County's request to support the 9th, 10th and 11th cent to the Local Option Gas Tax. Mr. Boucher referred to his memo and the data provided on revenue sharing to the cities if the City were to agree to the 10th and 11 th cent Local Option Gas Tax. He stated that the share amounts to an additional $26,000 annually in addition to the $170 currently received. Mr. Boucher stated that the current 6th cent was extended to the year 2011, but due to additional road maintenance the County is proposing the 9th cent given solely to the County and a 10th and 11 th cents to share among the cities and the County. The County Commission would address this issue in the spring and they are anticipating feedback from the municipalities. Mr. Bruns queried about the 7th and the 8th cents. Mr. Boucher responded that those are State constitutional taxes. Mr. Petsos asked for a list of proposed road improvements in the community. Mayor Randels explained that the City's portion of the revenue is based on its population. Mr. Petsos stated that he would like to know if the County roads within the City were included. Council Members requested more information before proceeding to consider the County's justification for the increase. Mayor Randels clarified for the audience that a one -cent gasoline sales tax would benefit the County with $1 million, $14,000 in funds, and Cape Canaveral's percentage of this revenue based on its population is $26,000 for road repair. Mr. Boucher stated that the County intends to extend all gas taxes to the year 2021. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 6 6. City Manager's Report • Mr. Boucher reported the Mr. Mike Abels invited City Council members to visit the Communications Center and tour the jail in Titusville • Mr. Boucher reported that the Comprehensive Plan compliance advertisement is scheduled for publishing in the Florida Today newspaper on March 3`d. Mr. Boucher requested draft language from the Department of Community Affairs on the Florida area ratios. • Mr. Boucher restated that he and the Mayor closed on the Banana River Park property. • Mr. Boucher reported and he and the City Attorney met with Dial Communications, Inc. regarding completion of the reclaimed water project Phases I and II. Attorney Bennett stated that they were informed that the bonding company would be notified if performance is incomplete on Phases I and II. • Mr. Boucher distributed the draft agenda for the joint meeting with Cocoa Beach. Council directed the City Manager to outline topics for discussion to include: Beach Renourishment, the A1A Corridor and joint projects. • Mr. Boucher displayed the flyer for the C-2 Zoning District Regulations meeting on March 15t' at 5 P.M. • Mr. Boucher passed out a color rendition for the proposed Solana Shores condominium. • The City Manager, City Attorney and Mr. Scott Pendley met and discussed a settlement offer in the Fairvilla lawsuit. Mr. Pendley requests that City Council assemble in a closed session to discuss the offer. In order to make an informed decision, the City Attorney suggested that each member of Council contacts the City Manager and arrange a visit of the facility. AUDIENCE TO BE HEARD: • Mayor Randels pointed out the Manatee Park location for Mr. Gonroff. • Ms. Bea McNeely requested a volunteer from City Council for the at -Large position on the Local Planning Agency. Mr. Bruns volunteered for this position. City Clerk • No report. City Attorney • Attomey Bennett reported the need for additional Community Appearance Board members and requested that Council made this need known among residents. Council Member Treverton • No report. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 7 Council Member Bruns • Mr. Bruns asked about the status of the Collier County speaker. Mr. Boucher reported that the City received the proposal from the Collier County speaker at a cost of $1,000 plus per diem. Mayor Randels clarified for the audience that this speaker from Naples was influential in design for Collier County with recommendations for improving the appearance. The City would like to have him do the same for Cape Canaveral. • Mr. Bruns said that he will not be available for the C-2 Zoning workshop on March 15th. Council Member Hernandez • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked about the date for the closed session. A date was then set for March 23'd at 5:00 P.M. • Mayor Pro Tem Petsos reported unauthorized recycle pick-up on Monroe, Jefferson and Madison Avenues. • Mayor Pro Tem Petsos commended staff on $405,306 in the General Fund Reserves in addition to the $1 million set aside. • Mayor Pro Tem Petsos announced that he had available tickets for the Pancake Breakfast at the Cape View Elementary School from 9:00 to 11:00 A.M. Mayor Randels • Mayor Randels announced that the Port will conduct beach tilling during the next two weeks. The project that loosens the sand for the sea turtles must be completed by March 15t. • Mayor Randels announced that Cape Canaveral has become the information source for Beach Renourishment. • Mayor pointed out the new plates for Ms. Salamone and Mr. Porter photos. • Mayor Randels reported his findings from the Sheriffs office on Driving Under the Influence Citations. He related that the department issued 172 citations with a 75 percent conviction rate. He reported the use of three vehicles with video cameras and said that 15 additional vehicles were applied for with a grant. Mayor Randels concluded his report with the findings that in 1997, 12.6 percent of the City accidents involved alcohol. Due to the more stringent program, the accident involving alcohol was reduced to 4 percent in 1998. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 1999 Page 8 • Mayor thanked Council Members for attending the Little League opening ceremonies. • Mayor Randels displayed benches that could be used in front of the Library to deter cars from misusing the area in front of the book drop. He encouraged ideas from Council to provide a deterrent. • Mayor Randels announced that the next volunteer project is to beautify the area around the kindergarten on Washington Avenue. He forwarded this task to the Beautification Board. • Mayor asked if Council desired to proceed with the No Camping on vacant property program. Council concurred. • Mayor Randels announced that North Winds Ministry is relocating to the Bay View Plaza where they currently operate a Thrift Shop. • Mayor Randels reported that he is working on a proposal to provide free 55- gallon wheeled -garbage cans for Cape Canaveral residents. This would automate the service and allow for one person to operate the truck. • Mayor Randels expressed concern with his findings of 116 calls to the Sheriffs Office for dispatch to the streets in the 200 block areas of Chandler, Caroline and Circle streets. Mayor Pro Tem Petsos related that due to a new State statue the property could be pursued. Attorney Bennett stated that the property can be abated as a nuisance. Council agreed by majority to pursue this course of action. There being no further business the meeting adjourned at 9:30 P.M. Rocky Randels, Mayor Susan Stills, Assistant City Clerk CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 16, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Burt Bruns Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Ed Gardulski PROCLAMATIONS: National Library Week Confederate History Month PRESENTATION: City Manager, Bennett Boucher presented the Govemment Financial Officers Association Certificate of Achievement for Excellence in Financial Reporting to Andrea Bowers, City Treasurer. He stated that this award recognizes staff and the City as a whole for the financial reporting achievement. Leo Nicholas commented that this is the third year that the City has received the award, reflecting that the City has been in good hands. Council commended Ms. Bowers for her efforts. Ms. Bowers, in tum, commended her staff. Cape Canaveral Regular City Council Minutes March 16, 1999 Page 2 CONSIDERATIONS: 1. <Tape 1, 216> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the January 5, 1999 Regular City Council Meeting Minutes. The motion passed unanimously 4-0 with voting as follows: Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 259> A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to approve the Building Permit Extension for time Warner Communications. The motion passed unanimously 4- 0 with voting as follows: Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 305> Ms. Wendy Knippel, Audit Manager for Bray, Beck & Koetter presented and explained the City's Comprehensive Annual Financial Report. She stated that there are no reportable weaknesses or management comments. A motion was made Mayor Pro Tem Petsos and seconded by Mr. Hemandez to approve the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1998. The motion passed unanimously 4-0 with voting as follows: Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape1, 1535> A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to approve the Cooperative Purchase for Sewer Pipe Cleaning, Televising and Sliplining to Griner's Pipeline Services, Inc. in an amount not to exceed $116,500. The motion passed unanimously 4-0 with voting as follows: Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 2068> Ms. Bowers explained that the funds have been paid, this is just an accounting transfer. A motion was made by Mr. Hernandez and seconded by Mr. Treverton to approve the Budget Transfer for 1997/98 to Appropriate Funding for Library Expansion. The motion passed unanimously 4-0 with voting as follows: Mr. Hemandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. \\CAPE-NT\cityclerk1CityClk\M INUTES\REGULAR\1999\3-16-99.doc Cape Canaveral Regular City Council Minutes March 16, 1999 Page 3 RESOLUTION: 6. Mayor Randels read Resolution No. 99-05 by title. A JOINT RESOLUTION OF THE COASTAL COMMUNITIES OF CAPE CANAVERAL AND COCOA BEACH, LOCATED WITHIN BREVARD COUNTY, FLORIDA, IN SUPPORT OF FEDERAL FUNDING FOR THE CONGRESSIONALLY APPROVED SHORE PROTECTION PROJECT FOR BREVARD COUNTY, AND TO SUPPORT AN INCREASE IN THE FEDERAL PERCENTAGE OF COST -SHARE FUNDING FOR THIS PROJECT. The motion passed unanimously 4-0 with voting as follows: Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. REPORTS: 7. City Manager — Bennett Boucher • Mr. Boucher reported that the sand fencing permit has been approved and a date for the volunteer project can be set. • Mr. Boucher reported that a date should be set for Tim Hancock, the Community Design Standards Consultant to meet with Council. A date within the last two weeks in April was suggested. • Mr. Boucher reported that the April 17 Trash Bash picnic would be held at the library. • Mr. Boucher reported that Mr. William Bennix donated the flowers planted at the intersection of North Atlantic and Astronaut. • Mr. Boucher reported that the John K. Porter signs have been erected at the pedestrian bridge on Astronaut Boulevard. • Mr. Boucher commended Nancy Hanson, Recreation Director for the Patriots Day Parade success. Audience None City Clerk — Sandra Sims None City Attorney — Kohn Bennett None \\CAPE-NT\cityclerk\CityClk\M INUTES\REGULAR\1999\3-16-99. doc Cape Canaveral Regular City Council Minutes March 16, 1999 Page 4 City Council Member — Richard Treverton None City Council Member — Tony Hernandez • Mr. Hernandez thanked the City for the European Fan Palms planted on Rosalind. • Mr. Hemandez stated that a program should be established to received Investigate Costs from the Sheriffs Department regularly. Mayor Pro Tem — Buzz Petsos None Mayor — Rocky Randels • Mayor Randels requested that business cards should have a bolder print next time. The latest cards were not the same quality as previously printed. • Mayor Randels reported that he was in Tallahassee during Library Day and Brevard County has received $1.308 million toward next year's projects. • Mayor Randels reported that he rode into the Port on the USS Porter on the day of its commissioning. There being no further business the meeting adjourned at 9:20 P.M. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\3-16-99. doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 6, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: INTERVIEW: MINUTES Council Members Present Burt Bruns Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Tony Hernandez Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Building Official, Dennis Franklin Public Works Director, Ed Garduksli Canaveral Precinct Cmdr., Major George McGee Community Policing Officer, Emie Perry Attorney Bennett interview Mr. Eddie Hall for the Community Appearance Board. Mr. Hall stated that he has resided in Cape Canaveral for three and one-half months. He stated further that he would subsequently become a registered voter, he had no family members on any City boards and he agreed to complete a Financial Disclosure report. Mayor Pro Tem Petsos queried if there were a 12-month residency requirement. Attomey Bennett answered that the 12-month residency requirement did not apply to the Community Appearance Board. Residency is the only requirement for the Board. Mayor Randels explained for the audience that Mr. Hall was a prospective candidate for the Community Appearance Board that could use someone with an architectural design background. Mayor Randels stated that Mr. Hall's appointment to the Board is scheduled for the next City Council meeting. PRESENTATIONS: Mr. Boucher acknowledged Francis Daine and Mike Richart as the Special Employees of the Quarter and commended them for exemplary work. Mayor Pro Tem Petsos included the Youth Center as an unmentioned accomplishment for the two employees. Ms. Sims related that Francis Daine has not missed any days of work since the day he was hired. City of Cape Canaveral, Florida Regular City Council Meeting Minutes April 6, 1999 Page 2 CONSIDERATIONS: 1. <Tape 1, 377> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the January 19, 1999 Regular City Council Meeting Minutes. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 394> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to table to the P2000 Grant Project Applications until the April 20th agenda. Mr. Boucher explained Council's inquiry on two parcels of land: 1) just N. of Cherie Down and 2) the entire City block, Oceanside, near Buchanan and Ridgewood Avenues. He stated that the parcel north of Cherie Down was under consideration and development may occur before the City could acquire grant funding. Mr. Treverton related that he would not wish to pursue the Cherie Down parcel at this time in that he did not wish to effect a loss in writing a grant proposal if the property were sold. Mr. Bruns recommended applying for both grants due to the loss of available beachfront properties. Mayor Pro Tem Petsos agreed with Mr. Bruns in light of the favorable appraisal received. A motion was made by Mr. Treverton and seconded by Mayor Randels to authorize the preparation of the grant for the beachfront property on Buchanan Avenue. Mr. Bruns emphasized his desire to pursue both grants and not to omit the Cherie Down parcel. Attorney Bennett clarified that Council need not state both parcels on one motion. He stated that Council could authorize preparing one bid packet. Mayor Pro Tem Petsos recommended placing the Cherie Down Park parcel on the April 20th agenda. Mayor Randels related for the audience that Cape Canaveral received $2, 714, 268 in grant funding for Parks and Recreating projects. Mr. Bruns asked for clarification on the proposals. Mr. Boucher explained that he would acquire proposals on the two parcels from the grant writer for Council's review at the next meeting. 3. <Tape 1, 796> Consensus by City Council to approve the Beautification Board Project Proposals the motion. Mr. John Porter spoke on behalf of the Beautification Board members on the concept for the Al A, $150,000 Florida Department of Transportation (DOT) Grant. Mr. Porter explained that the City received an ample grant from the DOT in order to beautify the City. The Board proposed a three-tier level planting concept plan. The lower level would include clump planting at opportune locations on the pedestrian level. The medium level would include 20-foot tall planting. The third and final level would include the large-scale palms. Mr. Porter explained that the Tight poles would act as a measurement device for palm planting. Mr. Bruns queried if Florida Power and Light (FPL) would trim these trees. Mr. Porter explained that the setback requirements were met in the plan and trimming would need to occur only for aesthetic reasons. Mr. Porter explained further that the Board would interject color at the lower level with flowering and single or two -stem plants. He related that all other plants would be single stem palms due to underground utilities and the plant's root systems. Mr. Bruns queried if the plan coordinated with reuse water. Mr. Porter affirmed City of Cape Canaveral, Florida Regular City Council Meeting Minutes April 6, 1999 Page 3 that the plan would consider reclaimed water, however he expressed that perhaps the City could acquire funding from the St. John's River Water Management District and concentrate the DOT grant on the three-tier concept plan. Mayor Pro Tem Petsos asked how the planting would include the entrance to the City. Mr. Porter stated that due to the proposed interchange, the planting efforts would cease at the Family Fun center. Mr. Porter deferred inquiry on the south entrance to Mayor Randels. Mayor Randels stated that the owner would allow a 30-foot diamond of land for use. Mr. Porter mentioned installing curbs on A1A at some future date. Mr. Bruns queried if the concept plan allowed for curbs in the future. Mr. Porter explained that the plan did not impact underground wiring or curbs. Mr. Porter proceeded to his final item that the Beautification Board had discussed, pedestrian level lighting. He related the City Manager's suggestion of sample lighting around the City Hall area. Mr. Treverton questioned if the pedestrian level lighting is included in the DOT grant. Mr. Porter responded no and related that under a new FPL program, Mr. Boucher's suggestion would include installation by FPL with a rental fee similar to the light poles in use. Mayor Pro Tem Petsos asked if the curbing could be included in the plan. Mr. Porter responded that the curbing might be included into the City's Capital Improvement Plan when preparing the budget. Council agreed by majority to proceed with this plan. Kacee Corbin and Martha Carroll spoke on behalf of the Cape View Elementary School beautification project. Ms. Corbin reported that the Board proposed to renovate the Washington Avenue side the Cape View kindergarten building with a new driveway and landscaping. Ms. Carroll expressed how this area was in dire need of beautification. Mr. Treverton suggested lengthening the driveway to assist with safety issues. Mr. Bruns asked that the Board address parking issues along with installing the driveway. Ms. Joy Salamone, Cape View Elementary Principal, stated that the grass area at Ridgewood and Washington Avenues was a City right-of-way, not Cape View property. Mayor Randels clarified that first the school would make recommendations on safety and submit it to the Sheriffs office for review, then the City Engineer's would implement it. Council agreed by majority to proceed with this plan. Mr. Leo Nicholas explained the project to create a natural walkway along the Canaveral River/Creek/Canal. The waterway begins at the Treasure Island Condominiums and proceeds across the road north behind the United Space Alliance properties through to the Rinker property. He explained that Artesian wells flow in from the headwaters. Mr. Nicholas explained that the City has an easement for sewer lines on the Eastside of the canal. Mr. Nicholas recommended looking for grant funding to create a natural area in the area surrounding industrial properties. He requested a drawing to include with previous surveys and use the package as a medium for a grant. Mr. Porter suggested that the P-2000 grant was ideal for a project such as the natural walkway. Mr. Bandish expressed concern with access to the adjacent sewer line in light of paving. Mr. Porter suggested an alternative ground cover. Mr. Pekar recommended including this with a linear detention system as a mitigation project for stormwater. Council agreed by majority to prepare a plan to obtain grant funding for the natural walkway project. Mr. John Porter presented an autographed photo of the U.S.S. Porter to Mayor Randels. City of Cape Canaveral, Florida Regular City Council Meeting Minutes April 6, 1999 Page 4 4. <Tape 1, 2468> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Publishing Agreement with Lamar Russell for the book, "Lessons Learned in Planning and Zoning, Cape Canaveral." Mr. Boucher stated that Mr. Russell requested 150 copies of the published book as payment. He recommended preparation of a bid packet similar to the one used for Mrs. Ann Thurm's history book. Mr. Treverton queried if the City Council members should read the book before proceeding. Mr. Boucher stated that he would supply Council members with a manuscript prior to awarding the bid. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 2745> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Emergency Purchase, Silica Sand, Standard Sand and Silica Co., in the amount of $6,550 for WWTP Sand Filters. Mr. Bandish stated that sand was lost, however he explained that continued documentation will help to alleviate this situation. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1, 3101> A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the budget Transfer Request from the Sheriff's Department to Purchase Computers in the Amount of $4,827. Major George McGee explained that the new computers would assist in Y2K compliance. Mr. Treverton queried the new services intended with this upgrade. Officer Ernie Perry explained that the upgrade would facilitate photo image transfers. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 7. <Tape 1, 3469> A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the School -Based Partnerships '99 Grant Application, Deputy Ernie Perry. Officer Perry explained that this grant addresses imminent safety issues in school attendance. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 8. <Tape 2, 582> Mayor Randels read Resolution No. 99-06 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO 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. 99-06. Mayor Pro Tem Petos queried if listed concerns were addressed. Mr. John Pekar responded that the company is working toward a continued effective relationship and prompt customer service with the City's Building Department. The motion passed 3-1 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, Against. City of Cape Canaveral, Florida Regular City Council Meeting Minutes April 6, 1999 Page 5 9. <Tape 2, 1224> Mayor Randels read Resolution No. 99-07 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING EXTENSION OF THE LOCAL OPTION GASOLINE TAX AND ADDITION OF THE NINE (9), TEN (10) AND ELEVEN (11) CENT GAS TAX AND PROVIDING FOR AN EFFECTIVE DATE. The Resolution failed for lack of a motion. Discussion concluded with Council's disapproval in the lack of benefits for the City. 10. <Tape 2, 1595> Mayor Randels read Resolution No. 99-08 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, REQUESTING THE STATE OF FLORIDA TO ENACT LEGISLATION KNOWN AS "FOREVER FLORIDA", TO SUPPORT THE EXTENSION AND EXPANSION OF THE PRESERVATION 2000 PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 99-08. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 11. <Tape 2, 1600> Review and Comment on Proposed C-2 Zoning District Regulations Ordinance. Deferred to the Planning and Zoning Board. REPORTS: 12. <Tape 2, 1684> City Manager's Report • Mr. Boucher announced the Strategic Planning & Goal Setting retreat on Saturday, April 10th • Mr. Boucher also reported on the City Design Standards workshop on April 27th Flyers will be distributed to the City Boards and the business community. • Mr. Boucher submitted letter of thanks from John Porter on naming the bridge after him. • Mr. Boucher reported that the Sea Oats would not be planted during the Sand Fencing project. AUDIENCE TO BE HEARD: • Principal Joy Salamone invited all attendees to the Spaghetti dinner on April 15th in support of the Accelerated Reader program at the school that will help to buy books. • Mr. Leo Nicholas expressed concern with the Stottler Stagg and Associates proposed re-evaluation to remain with the City. • Mr. Nicholas also expressed concern with the aesthetics of the median at Harbor Heights. • Mr. Walter Bandish announced the demonstration for making chlorine out of salt at the Water Reclamation plant. City of Cape Canaveral, Florida Regular City Council Meeting Minutes April 6, 1999 Page 6 • Officer Ernie Perry reported on the annual DUI program at Cocoa Beach High School that includes the MediVac unit and Students Against Drunk Drivers. REPORTS CONTINUED: City Clerk • Ms. Sims announced the Space Coast League of Cities dinner hosted by Cape Canaveral on Monday, April 12`h City Attorney • No report. Mr. Treverton • Mr. Treverton reported on his work on the Council chambers sound system. Mr. Bruns • No report. Mayor Pro Tem Petsos • No report. Mayor Randels • Mayor Randels expressed appreciation to the City Clerk's office for the highlighted portion of the revised Public Meeting calendars. ADJOURNMENT: There being no further business the meeting adjourned at 9:35 P.M. Sandra Rozar Sims, CITY CLERK Rocky Randels, MAYOR CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 20, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: MINUTES Council Members Present Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Assistant City Clerk, Susan Stills City Treasurer, Andrea Bowers Building Official, Dennis Franklin, C.B.O. Public Works Director, Ed Gardulski CCVFD, Chief Dave Sargeant 1. < Tape 1, 57> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve funding for an Assistant Fire Chief position. Chief Sargeant presented justification for each year's funding. Mayor Randels asked for clarification on Emergency Medical Service. Chief Sargeant reported that in 1985 the County required an upgrade to include medical services and an Advanced Life Support program was initiated in 1989. He explained the three tier system for reimbursement as 1) a fire truck response, 2) basic life support for which half of the funding is received, and 3) Advanced Life Support First Response for which $24, 500 is received per unit for support to the City and the port. Mr. Hernandez queried if the position title could be graded down. Chief Sargeant explained that an authority position is required. Chief Sargeant affirmed that this position is above a Captain. Mr. Bruns questioned the source of funding and asked if the person would have the Chiefs level of training. Chief Sargeant explained that the Port would incur half the cost and that the person would be equally qualified. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. \\cape-nt\cityclerklcityclk\minutes\regular\1999\04-20-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes April 20, 1999 Page 2 2. <Tape 1, 506 > A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to approve the P2000 Grant Project Applications. Mayor Randels explained that the City was successful in obtaining in excess of $2 million in grant funds. Mr. Treverton explained that two oceanfront parcels are proposed for parks. The contract on the northern parcel is in the 60-day closing period, however the deal is tentative. Mr. Treverton explained that the grant writing proposal fee is $3,750; $ 2,750 for one and $1,000 for the other. Mr. Hernandez asked if the $2,750 fee is for larger parcel? Mr. Treverton stated the fee is the same regardless of the parcel size. Mr. Hernandez queried the City's intent for the funding if north parcel is sold. Mr. Treverton responded that the funding would no longer apply under that circumstance. Mr. Hernandez expressed concern with the $1,000 expense for a sold property. Mr. Treverton responded that the property might return to the market. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 836 > A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Space Coast Mitigation Initiative Programs & Projects. Mr. Boucher explained that the committee provides preventative measure for businesses and residents through hazardous materials and disaster awareness. The steering committee is looking for a list of mitigation projects to receive federal and state funding. Mr. Bruns queried if the City could re -submit for Storm Shutters. Mr. Boucher responded that a Category Five storm surge is a requirement for that item. Mayor Randels explained that through the committees' "what if" analysis, funding is researched and plans implemented. The motion passed unanimously 5- 0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 4. <Tape 1 , 1284> Mayor Randels read Resolution No. 99-09 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Resolution No. 99-09, Appointing Eddie Hall as a Community Appearance Board Member, with a term to expire on May 1, 2002. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 1379> Mayor Randels read Resolution No. 99-10 by title: A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Resolution No. 99-10, Supporting the Distribution of the Anti -Drug Abuse Grant Funds for projects within Brevard County. City of Cape Canaveral, Florida City Council Regular Meeting Minutes April 20, 1999 Page 3 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, SUPPORTING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS APPLICATION PROCESS FOR APPLYING FOR FEDERAL ANTI -DRUG ABUSE FUNDS TO THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, APPROVING THE DISTRIBUTION OF THE ANTI -DRUG ABUSE FUNDS AVAILABLE FOR DRUG INTERVENTION PROJECTS; PROVIDING FOR AN EFFECTIVE DATE. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hemandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1 , 1509> Mayor Randels read Resolution No. 99-11 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING 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. Hernandez and seconded by Mr. Treverton to approve Resolution No. 99-11, Reappointing Karen Hayes as a Community Appearance Board Member, with a term to expires on May 1, 2002. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 7. <Tape1 , 1588> City Mission Statement revision Mayor Randels read our current Mission Statement. Mr. Hernandez stated that a workshop similar to the April 10th Workshop might be more beneficial for discussion. Mayor Randels explained the outcome of the Strategic Goals and Objectives Workshop sponsored by the Florida Institute of Government for the audience. Council agreed by majority to discuss revisions at a special meeting. 8. <Tape 1, 1905> Reuse Project Update Mr. Gardulski referred to the attached copies listing paid customers. He stated that progress is steady and that a punch list was distributed. He reported that Phase III is under construction and the project is monitored for cost overruns. He also reported that the change order for Phase III is under review. He noted that another company was used to assist with the pipe installation. 9. <Tape 1, 2186> Pindziak Properties, Charles Pindziak Mayor commended Dr. Pindziak for the dramatic improvement on his property on North Central Blvd. Dr. Pindziak explained that he was unsuccessful in meeting with Mr. Boucher and Mayor Randels. The meeting was in regard Imperial Blvd, not the working relationship with the new Building Official. Dr. Pindziak asked if any of his properties were in violation of the City codes or ordinances. Mayor Randels stated that Council was unaware of the day-to-day operations in the Building Department. Mr. Franklin responded that he is working to achieve Certificates of Occupancy for Dr. Pindziak's properties. He explained that Dr. Pindziak is performing his own work and that might City of Cape Canaveral, Florida City Council Regular Meeting Minutes April 20, 1999 Page 4 account for the slow progress. Dr. Pindziak stated that he chose to come before Council due to Mr. Boucher's inaccessibility. Dr. Pindziak requested that Mr. Franklin compose a list of his violations in a letter dated April 8th, and to this date has not received a response. Mayor Randels explained that Dr. Pindziak's compliance is not a punitive issue for City Council. Dr. Pindziak expressed that his perceived pressure to comply is discrimination. Mayor Randels explained that Dr. Pindziak's buildings were among 600 open permits of which Mr. Franklin was directed to review. Mr. Bruns stated that Mr. Franklin's predecessor, Whitey Moran, was given the same directive and Mr. Franklin inherited that directive. Mr. Franklin asked Dr. Pindziak why he has not hired a contractor to finish Charlie's Place or the Swimming Pool house. Dr. Pindziak explained that due to the complexity of the projects, he chose to perform the work. REPORTS: 10. <Tape 1, 3004> City Manager's Report • Mr. Boucher reported on the DOT landscaping project. A DOT representative related that due to the use of Federal funds, if landscaping easements are obtained from adjacent property owners, then Federal Financial Disclosures are required. • Mr. Boucher announced the Sand -Fencing Project on Saturday, April 24th, at 8 A.M. Volunteers are needed. AUDIENCE TO BE HEARD: • Mr. Larry Weber questioned about the stop light on the end of International Drive. Mr. Gardulski responded that the situation is under Florida Department of Transportation review. He stated that he would have results following a meeting on April 21 st • Mary Bogus spoke on behalf of her daughter, Lucinda Goodwin, resident of 108 Woodland Lane. Ms. Bogus related safety issues due to a proposed business. She presented a site plan by the former owners and she stated that on April 10th and 11th grading and moving were evident, however no permits were requested. She stated that the original site plan included a retention pond that includes a four -foot fence. She requested a higher fence due to young children in the area. Mayor Randels noted the City's special exception allowance for a six-foot high fence. The concern is the retention pond and a higher fence. • Ms. Bogus' second concern was the redirected traffic and closing of the north entrance to Circle K and she was not aware of the intended activity. Mr. Hernandez stated that several meetings and discussions were held on this issue. Ms. Bogus stated that the copy of the minutes she received related Mr. Boucher's response that residents on Oak Lane did not want the road. Ms. Bogus, on behalf of the residents, requests that the City pave Oak Lane. REPORTS CONTINUED: City Clerk • Mrs. Stills reminded Council Members to R.S.V.P. for the Annual City Board Appreciation Dinner on Saturday, May 1st at the Radisson Conference Center. Mr. Treverton • Mr. Treverton reported on the sound system in that he sought professional advice, however he did not recommend a new system. City of Cape Canaveral, Florida City Council Regular Meeting Minutes April 20, 1999 Page 5 Mr. Bruns • Mr. Bruns presented a favorable report on Cape Canaveral to E.R.A. Showcase Properties members. • Mr. Bruns reported that although Towne Realty has not started on the Solana Shores Condominiums, all oceanfront properties excluding one are sold. Mr. Hernandez • Mr. Hernandez met with the Recreation Board regarding Canaveral City Park. The group tour resulted in a concurring opinion that there is a need for some work. Mr. Hernandez stated that Commissioner Randy O'Brien committed to four bleachers for the park. Mayor Pro Tem Petsos recommended that the Little League participate in the project. Mr. Hernandez recommended that staff provide cost data. Mr. Hernandez stated that although the City staff does an excellent annual maintenance on the park, the park would benefit from year-round maintenance. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos requested a commitment of more bleachers from the County for the City Park. • Mayor Pro Tem Petsos commended staff on this quarter's reports. • Mayor Pro Tem Petsos commended staff on the April 12th, Space Coast League of Cities dinner. • Mayor Pro Tem Petsos emphasized the Sand Fence project and encouraged attendees to volunteer. Mayor Randels • Mayor Randels reported that Mr. William Bennix inquired about the flower planting project's progress. He related that Mr. Bennix is willing to provide a salary for an employee to install the plants. Mr. Gardulski responded that there are purchasing requirements if staff is involved. Mr. Hernandez suggested forwarding this project to the Beautification Board or to perform it as a volunteer project. • Mayor Randels inquired about the EPA requirement to provide a risk management plan for chlorine. Mr. Gardulski replied that his morning meeting was successful and compliance was assured. • Mayor Randels displayed a picture of the Sheriffs Office new Sea Ray Boat featured in the upcoming Senior Life magazine. • Mayor Randels showed the Brownie Troop photo featured in Space Coast Press from the Trash Bash on April 17th, and inquired if the time and effort he provides for media coverage were valuable enough for continued Council support. Council concurred that media coverage is important to the community. There being no further business, the meeting adjourned at 9:18 p.m. Rocky Randels, MAYOR Susan Stills, ASSISTANT CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 4, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Richard Treverton Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Sandi Sims, City Clerk Dennis Franklin, Building Official Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director CONSIDERATIONS: 1. <Tape 1, 60> A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Extending the Engineering Inspection Service by Quentin Hampton & Associates in the amount of $6,336. Mr. Gardulski recommended that change orders and Phase IV should be postponed until the next grant cycle. The City did not apply this cycle because the project was unfinished. He reported that some restoration work is still pending on Phase I; some restoration work and final billing is still pending on Phase II; and the contractors are working on pressurizing and tie-ins on Phase III. City Manager, Bennett Boucher recommended a re -bid starting with Phase IV. He related that the contractor states that they have been losing City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 4 1999 Page 2 money on the project and do not want to carry forward under this contract. Council concurred that the project should carry on if at all possible. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 559> A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Quentin Hampton & Associates providing the As - Built Field Data Collection for Dial Communication in an amount not to exceed $2,300. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 612> No action taken on the City Cost Sharing, Sewer Line Construction — 8699 Astronaut Boulevard, Kelsey's Restaurant. Mr. Gardulski will return with a hypothetical scenario demonstration for a future meeting. ORDINANCES: 4. <Tape 1, 1326> City Attorney, Kohn Bennett — excused himself from the meeting for items 4, 5 and 6 due to a conflict of interest. Mayor Randels read Ordinance No. 01-99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1999 AS PROVIDED IN CPA-99-01, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; 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 DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Ordinance No. 01-99, Small Scale Comprehensive Plan Amendment; Solana Development, Inc., for second reading. John Allen, engineer for the project was present to clarify issues or answer questions. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-04-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 4 1999 Page 3 5. <Tape 1, 1483> Mayor Randels read Ordinance No. 02-99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-2 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance No. 02-99, Rezoning Request, R- 2 to R-3; Solana Development, Inc., for second reading. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1, 1554> Mayor Randels read Ordinance No. 03-99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM M-1 (LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance No. 03-99, Rezoning Request, M-1 to R-3; Solana Development, Inc., for second reading. John Allen, engineer clarified that the zoning was previously approved in the comprehensive plan. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. \\Cape-n t\cityclerk\CityClk\MINUTES\REGULAR\1999\05-04-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 4 1999 Page 4 DISCUSSION: City Attorney, Kohn Bennett returned to the meeting at this time. 7. <Tape 1, 1676>City Manager, Bennett Boucher distributed a brochure explaining the Community Design Standards concepts. Mr. Boucher queried if the City should pursue this type of standards. Mr. Bruns stated that we should proceed with the community design standards, incorporating the sign ordinance with changes, lighting, architectural concepts and grants. Mr. Petsos stated that he supports developing clear guidelines. Council concurred to request a proposal from the consultants to pursue the community design standards. REPORTS: 8. City Manager — Bennett Boucher • Mr. Boucher reported that a 150-room hotel and a water park have been proposed for construction on the northwestern portion of the City. He stated that they would appear before the Planning and Zoning Board at conceptual stages to save them time and money. • Mr. Boucher commended the City Clerk and Assistant Clerk for the successful Volunteer Board Banquet. • Mr. Boucher commended Nancy Hanson, Recreation Director for the successful racquetball tournament. Audience No report City Clerk — Sandra Sims • Ms. Sims reminded Council of the Space Coast League of Cities Meeting on May 10. • Ms. Sims related Council Member, Richard Treverton's suggestion to provide City tee shirts to the other volunteer board members as an expression of appreciation. Council concurred to research costs and purchase shirts for all board members. City Attorney — Kohn Bennett No report Council Member — Burt Bruns • Mr. Bruns opined that the Mayor has become too involved in day-to-day operations, respectfully requesting him to be more aware and yield to the City \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-04-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 4 1999 Page 5 Manager. Mr. Petsos concurred, stating that too many directives are confusing and are intended to come from the City Manager. Council Member — Tony Hernandez No report Mayor Pro Tem — Buzz Petsos • Mr. Petsos reminded Council to attend the May 10 Space Coast League of Cities Meeting. • Mr. Petsos commended efforts on the successful Volunteer Board Banquet. • Mr. Petsos expressed concern that erroneous information has been distributed throughout the City by letters in regard to the C-2 zoning district. He related that thought needs to be put into how to prevent this type of erroneous perception and publicity. Mayor — Rocky Randels No report There being no further business, the meeting adjourned at 8:30 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-04-99.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 18, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Sandra Sims, City Clerk CONSIDERATIONS: MINUTES Andrea Bowers, City Treasurer Ed Gardulski, Public Works Director Dennis Franklin, Building Official 1. <Tape 1, 29> City Treasurer, Andrea Bowers explained the proposed transfers. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Budget Transfers, Quarterly Treasurer's Report. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 157> Mayor Randels explained that the joint lawsuit against the Army Corps of Engineers is due to beach erosion caused from the channel being dug at the port. City Attorney, Kohn Bennett expressed concern that the settlement states that 40 percent of the funds are to be appropriated in three years, but does not state the amount. Further, if the funds are not appropriated the only course of action would be to initiate another lawsuit. Mr. Petsos opined that the Army Corps of Engineers City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 2 should be required to acknowledge responsibility for the erosion. A motion was made by Mr. Bruns and seconded by Mr. Petsos not to approve the Settlement of the Federal Beach Erosion Lawsuit and to forward a letter to the attorneys requesting clarifications. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 3. <Tape 1, 1222> C-2 Zoning Uses, Ordinance No. 04-99 : AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Treverton queried why hotels are not on the list as disallowed because they were previously allowed. City Attorney, Kohn Bennett stated that the list does not need to be lengthened. A motion was made by Mr. Treverton and seconded by Mr. Hernandez to prepare the ordinance for public hearing and draft the corresponding zoning ordinance. ORDINANCES - SECOND READING: City Attorney, Kohn Bennett excused himself from the meeting at this time for potential conflict of interest on items 4, 5 and 6. 4. <Tape 1, 2128> Mayor Randels read Ordinance No. 01-99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA-99-01, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; 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 DATE. \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-18-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 3 A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance No. 01-99, Small Scale Comprehensive plan Amendment; Solana Development, Inc., at second reading. There was no public comment. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1, 2384> Mayor Randels read Ordinance No. 02-99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-2 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to adopt Ordinance No. 02-99 Rezoning Request, R-2 to R-3; Solana Development, Inc., at second reading. There was no public comment. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. <Tape 1, 2449> Mayor Randels read Ordinance No. 03-99 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM M-1 (LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT) TO R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hemandez and seconded by Mr. Petsos to adopt Ordinance No. 03-99, Rezoning Request, M-1 to R-3; Solana Development, Inc., at second reading. \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-18-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 4 There was no public comment. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hemandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: City Attorney, Kohn Bennett returned to the meeting at this time. 7 <Tape 1, 2553>Council concurred that something must be done about the City Hall building. Offices should be relocated, another building built or renovations and additions. Mr. Treverton was appointed as Council representative to a City Hall committee with other representatives from staff to research all alternatives. 8. <Tape 1, 3150> Public Works Director, Ed Gardulski gave the Reclaimed Water Update. He reported that the contractors are moving along well now and will finish within two weeks. There are only punch list aspects remaining for Phases I and II and Phase III is currently being pressurized. Council concurred to request Dial Communications to move forward with change orders. Mr. Gardulski explained that there are no drawings yet. John Pekar, Stottler Stagg & Associates stated that they could prepare the drawings if Sunshine can do the locates. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to place an add -on item on the agenda. The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve a $14,000 fee for Stottler Stagg & Associates to prepare the extension design of Phase III.. The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. REPORTS: 9. City Manager — Bennett Boucher • Mr. Boucher reported that he met with the Florida Department of Transportation (FDOT) regarding the AIA landscaping. He stated that the FDOT will give an extra $70,000 if the City will take over the planning and administration of the project. He related that the City \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-18-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 5 must be certified and the City Engineer will have to do a typical drawing for their approval. An engineer has to inspect as the trees are planted, which can begin in July. Mr. Pekar stated that he would look at the port interchange concepts and then meet with the Beautification Board. Council consensus was to accept the project. • Mr. Boucher reported that the Beautification Board would meet Monday at 5pm to discuss the City Ballpark project. Audience No report City Clerk — Sandra Sims No report City Attorney — Kohn Bennett • Mr. Bennett conveyed Community Appearance Board Member, Walter Bowman's opinion of the pictures in the proposed Community Standards Design is very good. He suggested that a contest could be held to develop the needed sketches and drawings for the ordinance. • Mr. Bennett stated that the Fairvilla Settlement Agreement would be ready for the next agenda. Council Member — Richard Treverton No report Council Member — Burt Bruns • Mr. Bruns queried when the sand fencing project could be completed. Mr. Petsos responded that it could not be completed until after turtle nesting season. • Mr. Bruns reminded Council that during the landscaping project, the sign ordinance must be kept in mind and should be a part of the whole scenario. Council Member — Tony Hernandez • Mr. Hernandez suggested that the Beautification Board and Volunteer Corps should be involved in the MA landscape design portion of the project. Mayor Pro Tem — Buzz Petsos • Mr. Petsos expressed concern regarding the news article stating that a hotel is planned for the Jetty Park Campground, which would be abolished. \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-18-99.doc City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 1999 Page 6 Council concurred that a letter of concern, not antagonistic, to each Port Commissioner. Mayor — Rocky Randels • Mayor Randels commended Susan Stills, Assistant City Clerk for this quarter's Employee Newsletter. • Mayor Randels reported that the Building Official has received information stating that the Cape Canaveral Lighthouse will be torn down and asked the City's opinion of how it should be disposed. Council concurred to write a letter requesting that the Air Force take over the lighthouse and let it remain as an historical site. • Mayor Randels commended Greg Mullins, Code Enforcement Officer for his efforts in obtaining a better flood insurance rating for the city, which results in an additional five- percent rate reduction. He is now working on the next level. • Mayor Randels reported that the no overnight camping signs need repairing, but the city can not make the repairs because they are on private property. City Attorney, Kohn Bennett opined that it is acceptable for the City to maintain the signs that the City erected. • Mayor Randels distributed a pamphlet on how to plant trees. There being no further business, the meeting adjourned at 9:20 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK \\Cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1999\05-18-99.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 1, 1999 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent: Burt Bruns Tony Hernandez Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Sandi Sims, City Clerk MINUTES Ed Gardulski, Public Works Director Dennis Franklin, Building Official PRESENTATIONS: Spring/Summer Beautification Awards Beautification Board Chair, Kacee Corbin introduced the Awards Chair, Jean Simoes. Ms. Simoes presented plaques and $25 gift certificates to Maggie's Nursery to the following winners, describing their properties and commending their efforts. Residential Van Le Thi-Tuyet 617 Manatee Bay Drive Multi -Family Ocean Hideaway 408 Harrison Avenue Commercial Radisson Resort & Conference Center Astronaut Boulevard Mr. Peter Jergel and Linda Frank of Waste Management, presented Council with a check for $825 to sponsor two students from Cape View Elementary School to Space Camp. The children will write letters reporting on activities at the camp. Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 2 CONSIDERATIONS: 1. <Tape 1, 28> A motion was made by Mayor Pro Tem Petsos and seconded by M Treverton to approve the Regular City Council Meeting Minutes, February 2, 1999. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1, 339> Mr. Tim Hancock, Planning Solutions was present to clarify the services proposed to develop the City's current codes into a community desig standard format. Mr. Hancock explained that meetings would be held with staff all concerned boards and Town Hall meetings for input into any amendments to the current code and the actual formatting. He explained that the design is tune to the positive, not the negative. He reiterated that their role as consultants is not to change our city's land development code, but to organize it into a more understandable and easier to interpret document. Any amendments to the current code would be incorporated as the city requests, not as opined by them. A motion was made by Mr. Treverton and failed for lack of a second to table the Proposal from Planning Solutions, Inc. to obtain further information possibly in workshop. Mr. Petsos queried if ten illustrations would really be sufficient for our code. Mr. Hancock replied that ten is a benchmark number. More illustrations would be used for clarity if needed, at no extra cost. The proposal is a fixed price. Mr. Petsos asked if illustrations are defensible. Mr. Hancock replied that the illustrations do not eliminate verbiage, it merely demonstrates it. Mr. Petsos asked if the fee could be restructured. Mr. Hancock replied that task and percentages could break it down. Mr. Treverton commented that he likes the idea of positivity. Mr. Leo Nicholas, Planning and Zoning Member opined that the City hasn't had problems with interpretation, so that is not a selling point. He stated that the concept is good, but should be done in-house. City Manager, Bennett Boucher replied that the task would take four to six months for the consultant and much longer for the City to accomplish alone and would still require a consultant's expert advice. A motion was made by Mr. Petsos and seconded by Mr. Treverton to table the Proposal from Planning Solutions, Inc. to reformat the City's Land Development Code to a new community design standard format to reconsider with additional information and a price breakdown. G:\CityCIk\MINUTES\REGU LAR\1999/06-01-99. doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 3 The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. <Tape 1, 2022> Attorneys Mason Williams and Stumpy Harris were present to explain the terms of the Beach settlement agreement. Mr. Williams stated that there is no waiver in the agreement after 50 years and no rights have been waived. He explained that the Army Corps of Engineers will not acknowledge outright, but there is documentation sufficient that they are recognizing culpability by settling. He further explained that it is not possible for the funds to be appropriated within one year because of the President's policy against beach renourishment. Interest on the settlement funds also starts accruing upon signing of the settlement agreement. Mr. Harris explained that over time the high tide will be 100-180 feet east, and witl the Governor's Sand Renourishment programs, nature will take over. If the beach renourishment is not approved, the most that can be won in litigation is money. The government can not be forced to place sand. Ralph Kennedy, Canaveral Port Authority Commissioner, stated that the beaches would be re -surveyed every six years to determine the scope of each project. A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to Approve Settlement of Federal Beach Erosion Lawsuit. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape 2, 203> Council concurred with the National Highway System Intermodal Facility Connection Route Recommendation, including pedways street lighting. 5. <Tape 2, 420> Council concurred with the Recommendation of (8) Transportation Improvement Programs to the Brevard Metropolitan Planning Organization, including curbing, traffic signal synchronization and a pedestrian overpass on A1A. RESOLUTIONS: 6. <Tape 2, 611> Mayor Randels read Resolution No. 99-11 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to re -appoint Leonard Folcarelli and Jovan Barzelatto as Regular G:\CityCIk\MINUTES\REGULAR\1999/06-01-99.doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 4 Members and Craig Smith as a First Alternate Members of the Commercial Development Board. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 7. <Tape 2, 655> Council concurred to place Ordinance No. 04-99, C-2 Zoning District on the next agenda. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C-2 COMMERCIALJMANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES: FIRST READING 8. <Tape 2, 725> Mayor Randels read Ordinance No. 06-99 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Ordinance No. 06-99 for second reading. City Attorney, Kohn Bennett explained that this is a housekeeping change to clarify the adoption procedures. There was no public comment. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 9. <Tape 2, 839> Mayor Randels read Ordinance No. 07-99 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. G:\CityCIk\MINUTES\REGULAR\1999/06-01-99.doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 5 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve Ordinance No. 06-99 for second reading. There was no public comment. The motion carried with The motion carried 3-0 with voting as follows: Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 10. Sister City Activity Mr. Hans Saurenmann, 349 Coral Drive, urged Council to reactivate the Sister City program. He related that the City of Kloten, Switzerland has invited our City Manager to visit them for a few days at their cost. He suggested that encouraging a student exchange or soccer tournament would be possible. Through this type of program, there are possibilities for economic development and strengthening. Council concurred to pursue reactivating the program and requested that a proclamation be drafted for the next agenda. REPORTS: 11. City Manager — Bennett Boucher • Mr. Boucher reported that Dial Communications are not willing to proceed with reclaimed water Change Orders because they are losing too much money. • Mr. Boucher reported that Towne Realty has offered to assist with intersection improvements on North Atlantic and Central Blvd. that were developed in the early 1990's. • Mr. Boucher reported that four dead sea turtles were found on the beach this week. Audience • Ms. Adeline Lookman, President of Ocean Park South Condominiums appeared before Council requesting that their complex receive reclaimed water. Mr. Boucher stated that change orders are currently being reviewed and will see if it is feasible, determining the best way to get the complex connected. Ms. Lookman explained that they do not expect it immediately, but would like to know if they can plan for it by Fall so they can rebuild their irrigation system. G:\CityClk\MINUTES\REGULAR\1999\06-01-99.doc Cape Canaveral City Council Regular Meeting Minutes June 1, 1999 Page 6 • Fire Chief, David Sargeant introduced the recent Assistant Fire Chief, John Cunningham. City Clerk — Sandra Sims No report City Attorney — Kohn Bennett No report Council Member — Richard Treverton • Mr. Treverton reported that the City Hall Committee would meet and have a preliminary report at the next Council Meeting. Mayor Pro Tem — Buzz Petsos No report Mayor — Rocky Randels • Mayor Randels commended the volunteers from Canaveral who worked at Kiwanis Park last weekend. • Mayor Randels reported that Southeast Airlines open tomorrow at the Melbourne Airport. • Mayor Randels reported that the County Commission will be adopting a stormwater ordinance soon and that the City will either opt in or out. There being no further business, the meeting adjourned at 9:45 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK G:\CityClk\MINUTES\REGULAR\1999\06-01-99.doc Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BLARNEY 67, INC. SETTLEMENT AGREEMENT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of the attached settlement agreement with Blarney, 67, Inc. (Fairvilla). Summary Explanation & Background: The settlement agreement describes all the terms and conditions each party is to act upon and uphold. agreement is not reached, the Federal lawsuit against the City will continue. Attorney Scott Pendley (407-422-4310), who is handling our case for our insurance carrier (The Fl League of Cities), will be in attendance. If you have any questions before the meeting, please contact Pendley or the city attorney. Representatives from Blarney 67, Inc. will also be in attendance to answer any questions you may have. Exhibits Attached: Settlement Agreement City Manager's ffice Department LEGISLATIVE g:/admin/council/meeting/1999/06/fairvilla.doc SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of , 1999, between BLARNEY 67, INC., a Florida Corporation ("Blarney 67"), the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("Cape Canaveral"), and WILLIAM J. MURPHY ("Murphy"). RECITALS: A. Blarney 67 is the Plaintiff and Cape Canaveral is the Defendant in Case Number 98- 1034-CIV-ORL-18A, styled Blarney 67, Inc. v. City of Cape Canaveral, filed in the United States District Court in and for the Middle District of Florida ("Federal Suit"); and B. Fairvilla Video, Cape R & D Corp. is the Appellant ("Cape R & D"), and Cape Canaveral is the Appellee of that certain appeal taken from Cape Canaveral's Code Enforcement Board in the Circuit Court in and for Brevard County, Florida, in Case No. 97-541-AP ("State Suit"); and C. The only outstanding issue relative to the State Suit is the existence of the bond posted by the Appellant in said appeal. Cape R & D has assigned its rights in the said bond to Blarney 67, by virtue of that assignment attached hereto as Exhibit "A"; and D. Blarney 67 owns the fee simple ownership in certain real property in Brevard County, Florida, located at 500 Tower Road, Cape Canaveral, Florida 32920, being more particularly described on Exhibit `B", attached hereto and incorporated herein by this reference ("Real Property"), having acquired said property from Cape R & D by deed dated March 1, 1999, and recorded in Official Records Book 3983, Page 3740, Public Records of Brevard County, Florida; and E. Cape R & D holds a purchase money mortgage by reason of the sale, said mortgage being dated March 1, 1999, and recorded in Official Records Book 3983, Page 3745, Public Records of Brevard County, Florida, and Cape R & D's joinder is contained hereinafter; and F. Blarney 67 owns and operates on the Real Property an adult entertainment establishment, as defined by Cape Canaveral City Codes and Ordinances, under the tradename Fairvilla Mega Store ("Fairvilla"); and G. Fairvilla's present operation as an adult entertainment establishment is limited to retail sales or rentals of books, magazines, literature, marital aids, clothing, videos, and miscellaneous and sundry adult products which classify Fairvilla as an adult bookstore under the Code of Ordinances of the City of Cape Canaveral ("Adult Bookstore"); and H. Blarney 67's Real Property is in the C-1 zoning classification which under Cape Canaveral's present Code of Ordinances would cause the amortization of said use by September 1, 1999; and I. Blarney 67 claims through the Federal suit that the aforementioned amortization code does not apply to their property and in the alternative, that Cape Canaveral's adult entertainment ordinance is an unconstitutional restriction on activities protected by the First Amendment; and J. As a result of settlement negotiations in the Federal Suit and the State Suit, the parties to this Agreement have determined it is in their mutual interest to settle their differences amicably; and K. Murphy is the sole shareholder and principal of Blarney 67; and L. The purpose of this Settlement Agreement is to fully and finally reduce the parties settlement to writing. NOW, THEREFORE, the parties covenant and agree as follows: 2 1. INCORPORATION OF RECITALS. The foregoing recitals are true and correct and are hereby incorporated by this reference. 2. DISMISSAL OF FEDERAL SUIT. The Federal Suit will be dismissed with prejudice, with each party to bear their own costs and fees therein. Blarney 67 and Cape Canaveral shall execute and the parties shall file, upon the Effective Date, the Stipulation for Dismissal attached as Exhibit "C" hereto. 3. DISBURSEMENT OF BOND IN STATE SUIT. The parties hereto agree that the bond held in the State Suit shall be disbursed as follows: one-half (1/2) in value to Cape Canaveral and one-half (1/2) in value to Blarney 67. The parties shall execute and file, upon the Effective Date, the Stipulation for Disbursement of Bond attached as Exhibit "D" hereto. 4. AMORTIZATION REPEAL. Cape Canaveral covenants and agrees to consider a repeal of Section 110-352(7)e, Amortization of Nonconforming Use, Cape Canaveral Code of Ordinances. To this extent, Cape Canaveral agrees to prepare an ordinance for repeal, and schedule and conduct public hearings on the adoption of the ordinance. 5. NONCONFORMING USE. Blarney 67, in consideration of the settlement of the Federal Suit, covenants and agrees that the continued nonconforming use of the Real Property shall be strictly limited to that of an Adult Bookstore as defined above. Blarney 67 shall not expand its use of the Real Property under the adult entertainment code as adopted in Chapter 10 and 110, Code of Ordinances of Cape Canaveral, Florida, and, therefore, the Real Property shall not be used as an Adult Arcade, Adult Dancing Establishment, Adult Motel, Adult Motion Picture Booth Establishment, Adult Motion Picture Theater, Massage Establishment, or any other adult entertainment use, except an Adult Bookstore, all as defined in Section 10-86, Code of Ordinances 3 of Cape Canaveral, Florida, as adopted on the date of this Agreement. In addition, Blarney 67 shall not increase the size of its building as long as it continues the use of the Real Property as an adult entertainment establishment. 6. NON-ASSIGNABILITY/NON-TRANSFERABILITY OF RIGHTS. The parties hereby agree that the right to continue the nonconforming use of the Real Property shall be a right and privilege inuring only to the benefit of Blarney 67. Blarney 67 agrees that any transfer of the Real Property shall effectively and automatically revoke the nonconforming use as an Adult Bookstore and thereafter the Real Property may only be utilized for a use set forth in the Code of Ordinances for the zoning classification of the Real Property (which is presently zoned C-1). As used in this paragraph, "Transfer" shall be defined as: (i) the sale or transfer by deed or by operation of law of all or a part of the Real Property, (ii) the grant of any leasehold interest in all or a part of the Real Property, or (iii) the transfer of a controlling interest in the corporate stock of Blarney 67 by sale, gift, devise, descent or by operation of law; provided, however, that Murphy may bequeath his stock to a family member as a part of normal estate planning. Notwithstanding the foregoing, the parties acknowledge that Blarney 67 may sell, purchase, or exchange portions of undeveloped property only for parking purposes without revoking this nonconforming use under this paragraph. As used herein, undeveloped shall be strictly defined as real property on which no improvements (except parking lots) or structures are located. 7. BINDING UPON SUCCESSORS/NOTICE. The parties covenant and agree that the terms, conditions, covenants and agreements contained in this Settlement Agreement shall bind the parties hereto, their successors and assigns and, therefore, the restrictions contained herein are encumbrances on the Real Property and shall therefore "Run with the Land". 4 8. REZONING. Cape Canaveral shall have no duty or obligation to grant any rezoning request prosecuted by or on the behalf of Blarney 67, nor shall Cape Canaveral act in an arbitrary or capricious manner in denying any rezoning request. 9. ADULT ENTERTAINMENT CODE. Blarney 67 and Murphy hereby agree that the adult entertainment code of the City of Cape Canaveral is constitutional and enforceable. Blarney 67 and Murphy agree that they will not, on their behalf, or indirectly through any affiliate (as hereinafter defined), take any position or file any action seeking to attack the constitutionality or enforceability of the adult entertainment code of the City of Cape Canaveral. As used herein, affiliate shall include any individual, trust, corporation, partnership, or other business entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of Blarney 67 or Murphy. 10. SIGNAGE. Blarney 67 hereby covenants and agrees to utilize only wall signs on the building as provided in the City's Codes and Ordinances. Blarney 67 shall not construct any other signs (including reader boards) for the operations of the Real Property other than a directional entrance sign. Blarney 67 agrees in the use of its signs not to utilize the terms, words, or phrases: adult, XXX, nude, or erotic. 11. ENFORCEMENT. Blarney 67 hereby agrees that, should it (or a successor in interest) be in violation of the terms of this Agreement, Cape Canaveral may obtain an immediate and stipulated injunction enjoining the use of the Real Property as an adult entertainment establishment. 12. GOOD FAITH. This Settlement Agreement is the result of the parties desire to end contentious and costly litigation amongst themselves, and the parties pledge to conduct themselves 5 in good faith in its implementation. For the purpose of this Agreement, "good faith" requires honesty in fact in a reasonable effort to continuously comply with the provisions of the Settlement Agreement, its exhibits, and all court orders entered in accordance with this Settlement Agreement, including, but not limited to, any subsequent orders entered by a court of competent jurisdiction to enforce this Settlement Agreement. 13. INTERPRETATION. This Settlement Agreement is a result of a collaborative effort in drafting by all parties hereto and shall be construed neutrally as to all parties. 14. EFFECTIVE DATE. The effective date of this Settlement Agreement shall be the day upon which the last party executes this Agreement; however, this Settlement Agreement shall have no force and effect if Cape Canaveral City Council does not adopt the repeal ordinance referenced in Section 4 above. 15. ATTORNEY'S FEES. In the event of litigation between the parties hereto arising out of this Settlement Agreement, including action for enforcement of this Settlement Agreement, the prevailing party shall be entitled to recover their reasonable attorney's fees and costs. BLARNEY 67, INC. By: WILLIAM J. MURPHY, President Date: CITY OF CAPE CANAVERAL By: ROCKY RANDELS, MAYOR 6 Date: WILLIAM J. MURPHY Date: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of 1999, by WILLIAM J. MURPHY, President, of BLARNEY 67, INC., ❑who is personally known to me, ❑who is not personally known to me, but who has produced his driver's licenses as identification. NOTARY PUBLIC STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 1999, by ROCKY RANDELS, Mayor, of the CITY OF CAPE CANAVERAL, who is personally known to me. NOTARY PUBLIC STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of 7 1999, by WILLIAM J. MURPHY, ❑who is personally known to me, ❑who is not personally known to me, but who has produced his driver's license as identification. NOTARY PUBLIC 8 JOINDER OF MORTGAGEE The undersigned, as Mortgagee of the herein described property, hereby joins and consents to the terms and conditions contained in this Settlement Agreement. Dated this day of , 1999. STATE OF FLORIDA COUNTY OF BREVARD CAPE R & D CORP. By: JAY RADER, President The foregoing instrument was acknowledged before me this day of , 1999, by JAY RADER, President, of CAPE R & D CORP., ❑who is personally known to me, ❑who is not personally known to me, but who has produced his driver's license as identification. NOTARY PUBLIC 9 6-11-1999 1:41AM FROM P. 2 IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNT, FLORIDA CASE NO.: 97-541-AP FAIRVILLA VIDEO, CAPE R & D, INC. Appellant, vs. CITY OF CAPE CANAVERA.L, FLORIDA Appellee. ASSIQNMENT QF INTEREST IN BOND MONEY WHEREAS, in the above styled action CAPE R&D was the owner of that certain real property which the City of Cape Canaveral claimed a code violation. WHEREAS, Blarney 67, Inc. d/b/a Fairvilla Mega Store was and is the real party in interest in the litigation by virtue of a lease agreement between Blarney 67, Inc. and Cape R&D. WHEREAS, Blarney 67, Inc. is the party that posted the bond that remains with the Clerk of the Court and has all interest in its return. Now therefore is agreed as follows: 1. CAPE R&D has no interest in the return of the bond money posted by Blarney 67, Inc. in Case No.: 07-541-AP; Fairvilla Video, Cape R&D, Inc. vs. City of Cape Canaveral, Florida. 6-1 1 -1999 1 : 4.2AM FROM P. 3 2. Any and all interest which CAPE R&D might have had or presently has in the bond money posted in the above matter is hereby assigned, transferred, released and given to Blarney 67, Inc. Cape R & D, Inc. By Its President Jay Rader STATE OF Arizona COUNTY OF Maricopa BEFORE ME this day personally appeared Jay N. Rader who is personally known to me or who has produced as identification and who did not take an oath, and acknowledged that he executed the foregoing as his/her free act and deed on this 19th day of May , 1999. Ann M. Radonich (Handwritten) Print Name (Signature) Sign Name Notary Public OFFICIAL SEAL ANN M. RADONICH NOTARY PUBLIC-ARIZONA MARICOPA COUNTY My Comm. Expires Sept. 2, 2002 YrSOU 201 My Commission Expires: 09/02/02 SEAL 6-11-1999 1:42AM FROM P. 4 IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO.: 97-541-AP FAIRVILLA VIDEO, CAPE R & D, INC. APPELLANT VS. CITY OF CAPE CANAVERAL, FLORIDA APPELLEE JOINT STIPULATION FOR RELEASE OF BOND MONEY The parties to this cause, by and through their undersigned attorneys of record, hereby stipulate that the bond money shall be disbursed as follows: 1. $2,500.00 to Blarney 67, c/o Christopher J. Coleman, Esquire, co -counsel for Fairvilla Video. 2. $2,500.00 to City of Cape Canaveral, c/o J. Wesley Howze, Esquire. Dated this day of , 1999 Date this day of , 1999 Christopher J. Coleman, Esquire Johnson, Baughan & Coleman, P.A. Post Office Box 560595 Rockledge, Florida 32056-0695 (407) 636-9600 Co -Counsel for Blarney 67, Inc. Florida Bar No.: 983896 J. Wesley Howze, Esquire 6769 N. Wickham Road B 140 Melbourne, Florida 32940 (407) 259-6611 Attorney for City of Cape Canaveral Florida Bar No.: 1 Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EMERGENCY REPAIR OF SANITARY SEWER FORCE MAIN DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council approve the emergency sanitary sewer force main repair work in the amount of $11,945 is reported by the public works director. Summary Explanation & Background: Pursuant to Section 2-221 of the city code, City Council shall be informed of the emergency purchase. See report from the public works director. I recommend approval. Exhibits Attached: Public Works Director's report dated 06-07-99 City Manager's Office (Signature) Department WATER RECLAMATION/PUBLIC WORKS g:/admin/council/meeting/1999/06-15-99/sewer.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works DATE: June 7, 1999 SUBJECT: City Council Agenda Item June 15, 1999 Emergency Repair to Sewer Line On Thursday May 13, 1999 the City of Cape Canaveral experienced two major sewer line breaks during the same day. The first problem was a ruptured of a 14-inch force main that was located along Tower Blvd. This forced main is the main trunk line to the plant from about three- quarters of the City. The second emergency was located along Center Street that services the commercial areas. Both projects were beyond the scope of the City's maintenance crew. Three other Contractors within the area did not respond or were an able to meet the needs of the City. Atlantic Development of Cocoa, Inc. was the only contractor available to provide emergency mobilization. The Contractor has completed the repairs in the amount of $11,945. Funds are available within the Enterprise Fund. The City has issued purchase Order No. 15311. Recommend the approval of the emergency repairs by Atlantic Development of Cocoa, in the amount of $11,945. Attachment CC: File PURCHASE ORDER CITY OF CAPE CANAVERAL SHIPPING ADDRESS CITY OF CAPE CANAVERAL TOWER BLVD. CAPE CANAVERAL, FL 32920 ATLANTIC DEVELOPMENT OF COCOA 2185 WEST KING STREET COCOA, FL 32926 NUMBER DATE 06/04/99 BILLING ADDRESS CITY OF CAPE CANAVERAL P. O. BOX 326 CAPE CANAVERAL, FL 32920-0326 BUYER VENDOR CODE ADOC SHIPPING DATE 06/04/99 SHIPPING METHOD TERMS NO. QTY. DESCRIPTION AMOUNT 64 EMERGENCY REPAIRS TO SEWER IN VARIOUS STREETS CONTRIBUTION: 401-0010-535.4622 $11945.00 CONDITIONS — READ CAREFULLY right s reserved to cancel this order if not filled within the contract time, if specified. cond tions of this order are not to be modified by any verbal understanding. acceptance of this order includes Acceptance of all terms, prices, delivery instructions, ifications and conditions stated. INVOICES AND PACKAGES MUST BEAR THIS ORDER NUMBER. CITY ASSUMES NO RESPONSIBILITY FOR GOODS DELIVERED WITHOUT AUTHORITY OF A PROPERLY EXECUTED PURCHASE ORDER. PLEASE FORWARD ALL INVOICES TO ORDERING DEPARTMENT. $11945. Din FLORIDA TAX EXEMPTION NO. 15-02-048901-54C PHONE: (407) 868-1200 FAX:(407) 799-3170 APPROVED (Signature) Kim M. McIntire PURCHASING AGENT WHITE —VENDOR GREEN —FINANCE BLUE —DEPARTMENT GOLD —RECEIVING ADMINISTRATION § 2-224 where all tie bidders do not have a place of business within the city, the city shall award the contract to one of the tie bidders by drawing lots in public. (9) Performance bond. The city shall have the authority to require a performance bond be- fore entering into any contract in such amount as the city shall find reasonably necessary to protect its interest. (Ord. No. 9-93, § 3(205.05), 5-18-93) Sec. 2.219. Open market purchase proce- dures. All purchases with an estimated value of $5,000.00 or less shall be made on the open market without observing the procedure prescribed by sec- tion 2-218 for the award of contracts. Purchases of greater than $500.00 but less than $5,000.00 will be obtained by soliciting written quotes prior to awarding a contract or purchase order. All pur- chases exceeding $500.00 but not exceeding $5,000.00 shall be approved by the city manager. Except in the case of emergency, the city pur- chasing agent shall solicit at least three compet- itive quotes by way of mail, telephone or other suitable means, and the quote of the lowest re- sponsible bidder shall be accepted. The city pur- chasing agent shall keep a record of all open market purchases and the bids submitted in com- petition therefor and such records shall be open to public inspection. If the open market purchase sought is less than $500.00, the city purchasing agent shall make purchases according to best com- mercial practice. (Ord. No. 9-93, § 3(205.07), 5-18-93) Sec. 2-220. Sole source. When it has been determined that a certain type of supplies, services or construction is available from only one source, or no other substitutive sup- plies, services, or construction are available for purchase by the city, the city may purchase the items from the single source of supply without complying with the competitive purchasing pro- visions of this division. (Ord. No. 9-93, § 3(205.09), 5-18-93) mergency purchase. e case of an apparent emergency which requires an immediate purchase of supplies, ser- vices or construction, the city manager s 1 be empowered to secure by open market proce ' ures, at the lowest obtainable price, any supplie., ser- i vices or construction, regardless of the amo nt of the expenditure, when such procurement is -ssen- tial to prevent delays in the work of the city hich may vitally affect the life, health or welf ; e or convenience of the citizens. A full report i f the circumstances of an emergency purchase s all be filed by the city manager with the city cou cil at the next regular city council meeting foil'wing the purchase, shall be entered in the min tes of the city council and shall be open to inspe a ion. (Ord. No. 9-93, § 3(205.11), 5-18-93) Sec. 2-222. Cooperative purchasin (a) The city may procure, without comp-iance with the competitive purchasing procedures of the this division, supplies, services and construction under the terms of contracts entered into by or through other governmental agencies as follows: (1) The United States government General Ser- vices Administration (GSA), or other such federal contract; (2) State department of purchasing anil pro- curement; (3) Brevard County; (4) Multicounty cooperatives; or (5) Cooperative purchasing agreements des- ignated by the city council. (b) The city manager shall approve an pur- chase from the agencies described in subs ction (a) of this section which exceeds $500.00 bu does not exceed $5,000.00. The city council sh ap- prove any such purchase which exceeds $5,0 0.00. (Ord. No. 9-93, § 3(205.13), 5-18-93) Sec. 2-223. Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this division. (Ord. No. 9-93, § 3(205.15), 5-18-93) Sec. 2-224. Blanket purchase orders. The city may issue blanket purchase rders when the city council determines that a b ket CD2:15 Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Considerations Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AWARD BID NO. 99-01, PUBLISHING SERVICES, "LESSONS LEARNED IN PLANP4NG & ZONING, CAPE CANAVERAL" DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider awarding Bid No. 99-01 to All Service Graphics, Inc. in the amount of $7 140 to publish 1,000 copies of the above -mentioned book. Summary Explanation & Background: Bids were let for publishing services and there were only (2) responding bidders. The other bidder ! was Tailored Tours Publications, Inc. in the amount of $14,974. I recommend the bid award to All Service Graphics. The city will make this book available for sale to the public. Exhibits Attached: Bid documents City Manager's Office (Signature) Bennett Boucher Department LEGISLATIVE g:/admin/council/meeting/1999/06-15-99/99-01.doc CITY OF CAPE CANAVERAL, FLORIDA for PROVIDING SERVICE OF PUBLISHING "Lessons Learned in Planning and Zoning, Cape Canaveral." RFP NO. 99-01 CITY OF CAPE CANAVERAL FLORIDA REQUEST FOR PROPOSAL NO.99 -01 PUBLISHING SERVICE The City of Cape Canaveral requests proposals from qualified printing firms to publish "Lessons Learned Planning and Zoning, Cape Canaveral." There is a manuscnpt alvailable for inspection in the City Clerk's office. There is no expressed or implied obligation for the City of Cape Canaveral to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. It is anticipated that the selection of a firm will be completed by July 6, 1999 and it is expected a contract will be executed between both parties the same date. Proposals shall be accepted until. 2:00 p.m. on Monday, June 9, 1999. A total of eight (8) copies of proposal must be submitted and clearly marked RFP 99-01 on the lower left corner of the envelope Mailed or hand delivered to the City Clerk, City of Cape Canaveral, City Hall, 105 Polk Avenue, P.O. 326, Cape Canaveral, Florida 32920-0326. No bids shall be received after the time and date specified. All bids must be in compliance with specifications as announced. The City reserves the right to withdraw this request for bid at any time to pr. its best interests. All interested parties are asked to contact the City Clerks Office at (407) 868-122 request bid forms and specifications. All bids must be submitted on forms provided by the City. Bids mus dnclosed, sealed and marked on the outside of the envelope with Bid No. 99-01 and the name of the item, rbailed or hand delivered to the Office of the City Clerk, Cape Canaveral City Hall, P. 0. Box 326 (105 Avenue), Cape Canaveral, FL 32920. Interested parties may obtain a detailed scope of services by contacting the City Clerk's Office at (407) 868-1221. Sandra 0. Sims, CMC City Clerk City of Cape Canaveral, Florida Bd SUBMITTAL REQUIREMENTS: 1. FORMS: Bids must be submitted on forms provided in the bid package and completed in ink. Any alterations must be initialed. 2. PUBLIC ENTITY CRIMES STATEMENT: All bids must be accompanied by an executed form PUR 7068, SWORN STATEMENT PURSUANT TO § 287.1 33. FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. (Copy enclosed) 3. DRUG -FREE WORKPLACE: In accordance with Florida Statutes, § 287.087, preference will be given to businesses with drug -free workplace programs; whenever bids are similar in all other respects, award will be made to the entity having a Drug -Free Workplace Program if a Drug -Free Workplace Certification is submitted with the bid. 4. DEVIATIONS FROM SPECIFICATIONS Any deviation from the specifications must be clearly stated and explained in detail. Otherwise, items offered are expected to be in strict compliance with specifications and the successful bidder shall be held accountable. 5. SUBMITTAL: Bids must be submitted in a sealed, non -transparent envelope clearly marked in the lower left-hand corner, "SEALED BID REQUEST FOR BID NO. 99-01". The bidder's name and address should appear on the outside of the sealed envelope. Bids must be mailed or hand delivered to: City Clerk, Cape Canaveral City Hall, P. 0. Box 326 (105 Polk Avenue), Cape Canaveral, Florida 32920. Bids will be accepted until 2:00 P.M., Monday, June 9,1999. 6. BID OPENING: Bids will be opened and read publicly at the Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida immediately after bid closing. Any bids received after the specified time and date shall not be accepted. TERMS ANT) CONDITIONS: 1. TIME FOR CONSIDERATION: Bids shall be irrevocable for a period of ninety (90) days commencing on the day of opening. 2. ACCEPTANCE AND REJECTION: The City reserves the right not to accept or reject any and all bids or part thereof, to waive any informalities or technicalities, and to accept the bid which best serves the interests of the City. 3. QUALITY: Any manufacturer's name, trade name, brand name or catalog numbers used in the bid package are for the purpose of describing and establishing general quality levels and are not intende to be restrictive. Bids will be evaluated regardless of manufacturer for any item that meets or excee s the standards established within the specifications. CITY OF CAPE CANAVERAL, FLORIDA City of Cape Canaveral, Florida Bid Submittal Requirements Page 2 4. NON-DISCRIMINATION: The successful bidder will comply with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. 5. CONFLICT OF INTEREST: The bidder certifies that this bid has not been arrived at collusively or otherwise in violation of Federal, State or Local laws. 6. TAX EXEMPTION: The City of Cape Canaveral is exempt from State and Federal taxes. 7. ASSIGNMENT: Neither the contract nor payments due may be assigned without prior approval of the City of Cape Canaveral. 8. PAYMENT: One (1) payment for services rendered under this contract shall be made by the City at the completion of said project. CONTRACT DOCUMENTS PART 1- BIDDING REQUIREMENTS REQUEST FOR PROPOSAL PROPOSAL FORM Public Entity Crimes Statement PART 2- CONDITIONS OF THE CONTRACT SECTION I GENERAL INFORMATION SECTION II SPECIFICATIONS May 1999 CONTENTS PUBLISHING "Lessons Learned in Planning and Zoning, Cape Canaveral." RFP NO. 99-01 Proposal of: All Service Graphics, Inc. 1270-A Lake Washington Road, Melbourne, Florida 32935 to provide the City of Cape Canaveral with publishing of the book entitled, "Lessons Learned in Planning and Zoning, Cape Canaveral." The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra O. Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Polk Avenue Cape Canaveral, FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to perform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. May 1999 All Service Graphics lCORPORATE QUALITY PRINTERS We recycle June 3, 1999 City of Cape Canaveral Attn: Sandra O. Sims, City Clerk P.O. Box 326 105 Polk Ave Cape Canaveral, FL 32920 Subject: Quotation Description: Quantity: Size: Stock(text): Stock(cover): Artwork: Color Separations: Halftones: Bleeds: Screens: Ink colors: Proofs: Bindery: Packing: Delivery: Price: Remarks: Terms: Est. Production Time: F.O.B.: Planning & Zoning Book RFP #99-01 1,000 4-1/2 X 8" page size, 198 page plus 4 page cover 60# White Offset 12 pt. C2S Cover 192 text pages provided on disk in word, ASG to format 6 map pages - scan and place by ASG, 4 cover pages provided camera ready on disk N/A N/A N/A N/A Text: 102 pages 1/1 Black Map: 6 pages - 4/0 process Cover. 4 pages - 4/0 plus liquid lamination Match print, blue line Trim, perfect bind In convenient cartons To your office 1,000 © $7,140.00 108 text pagesprovided at 8-1/2 X 11" equates to 192 pages at 4-1/2 X 8" Net 30 3 to 4 weeks Melbourne, FL If you have any questions, please do not hesitate to call. Submitted by, (Signature) Dave Caldwell Account Executive DC/tr 1270-A Lake Washington Road • Melbourne, Florida 32935 (407) 259-8957 • FAX (407) 255-2119 • 1-888-775-0145 E-mail: asg@iu.net PROPOSAL The undersigned also agrees as follows: 1. The contract will be effective immediately upon approval by the City Council. 2. Terms, conditions and rates proposed must be binding for 90 days from Proposal due date. Dated this 2 day of June ,1999. Respectfully submitted, All Service Graphics (Company or corporation name) 1270-A Lake Washington Road (Street address, P.O. Box) Melbourne, FL 32935 (City, State, Zip code) (Signature) Don Gust, Vice President By: TOTAL COST: $7 , 140.00 PROPOSAL Size: and Zoning, Cape Canaveral." Paper: Cover: 4-1/2" wide x 8" long type: Pages: 60-lb, white Full Color, front and back, laminated 12 point, Times Color Maps: New Roman "Lessons Learned in Planning 108 pages six (6) Note that the manuscript has not been typeset. Bid will include typeset and layout work with author. - Quote was done camera ready test, as per Sandy 0. Sims Price to be based on 1,000 copies. Please state turn around time. (Signature) Don Gust, VP (Signature, Title) SPECIFICATIONS FOR s. SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to City of Cape Canaveral by [print name or the public entity] Don Gust, Vice President [print Individual's name and title] for [print name of entity submitting sworn statement] •1 All Service Graphics, Inc. whose business address is 1270-A Lake Washington Rd. , Melbourne, FL 32935 and (if applicable) its Federal Employer Identification Number (FEIN) is 49-7789825 (if the entity has no FEIN, Include the Social Security Number of the individual signing this sworn statement: I understand that a 'public entity crime as defined in Paragraph 287.133(1)(b) Florida Statutes means a violation of any state or federal law by a person with respect to and directly related to the transcation of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material mispresentation I understand that "convicted" or conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crimes, with or without an adjudication of guilt. In any federal or state trial court of record relating to charges brought by indictment or information after July 1. 1988, as a result of a jury verdict, no-jury trial, or entry of a plea of guilty or non contendure I understand that an "affiliate: as defined in Paragraph 287.133(1)(a). Florida Statutes means: 1. A prodecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees , members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement shall be a (Illegible) case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in florida during the proceeding 36 months shall be considered an affiliate. I understand that a 'person' as defined in Paragraph 287.133(1)(a). Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity. or which otherwish transacts or applies to transact business with a public entity. The term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. (Signature) Don Gust, Vice President (Signature, Title) SPECIFICATIONS FOR 6. Based on information and belief, the statement which I have marked below is true In relation to the entity. submitting this sworn statement. [Indicate which statement applies.] X Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with convicted of a public entity crime subsequent to July 1,1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners shareholders, employees, members, or agents who are active in the management of the entity, or an affililate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, or one or more of Its officers, directors, executives, partners, shareholders, employees, members, or agents who are active In the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final orderi I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31. OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this 7 th day of June 1999 Personally Known OR Produced Identification FL D/L (Type of Idenitifcation) [signature] (Signature) Notary Public State of Florida My commission expires (Printed typed or stamped commissioned name of notaryy public NOTARY PUBLIC STATE OF FLORIDA JOANN M. WAGNER MY COMMISSION #CC 856505 EXPIRES: June 17, 2001 Bonded Thru Notary Public Underwriters (Signature) Don Gust, Vice President Form PUR TOSS (Rev. 06/18,92) (Signature, SPECIFICATIONS FOR IDENTICAL TIE BIDS — In accordance with F.S. 287.087, preference shall be given to businesses with drug —free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commod ities or contractual services, a bid received from a business that certifies that it has implemented a drug —free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors bave a drug —free workplace program. In order to have a drug —free workplace program, business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions )hat will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug —free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nob contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug —free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this irm complies fully with the above requirements. 4 DRUG -FREE WORKPLACE CERTIFICATION VENDOR'S SIGNATURE (Signature) Don Gust, Vice President All Service Graphics, Inc. 1270-A Lake Washington Rd. Melbourne, FL 32935 4 Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Considerations Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL UBJECT: DESIGNATION OF A VOTING DELEGATE FOR THE FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council select a voting delegate for the Florida League of Cities Annual Conference. Summary Explanation & Background: The annual conference is scheduled for August 19-21 in Lake Buena Vista. I encourage each councilmember to attend this conference. Please advise. Exhibits Attached: League of Cities letter of 06-01-99 City Manager's Office (Signature) Department LEGISLATIVE g:/admin/council/meeting/1999/06-15-99/league.doc FLORIDA LEAGUE OF CITIES, INC. TO: City Managers/City Clerks FROM: Michael Sittig, Executive Director (signature-Michael Sittig) DATE: June 1, 1999 SUBJECT: 73rd Annual Conference — 2000 and Beyond — The Future of Florida's Cities VOTING DELEGATE AND RESOLUTION INFORMATION August 19-21, 1999 — Wyndham Palace Hotel As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham Palace Hotel on August 19-21. This year's theme, 2000 and Beyond — The Future of Florida's Cities, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need more. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions must be received by the League no later than July 19, 1999. Should you have any questions or need additional information, please feel free to call Dee Carper or Kelvin Robinson at Suncom 278-5331 or 1-800-342-8112. MS:bcs Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough Street • Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 • Internet: http://fcn.state.fl.us/fld/ 73rd Annual Conference Florida League of Cities, Inc. August 19-21, 1999 Lake Buena Vista, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions 73rd Annual Conference Florida League of Cities, Inc. August 19-21, 1999 Lake Buena Vista, Florida In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolution Committee at the conference; however, all state legislative issues will be by the standing policy committees and the Legislative Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. IMPORTANT DATES June 4 Notice to Local League Presidents and Municipal Associations Requesting Nominees to the Resolutions Committee July 12 Appointment of Resolutions Committee Members July19 Deadline for Submitting Resolutions to the League Office August 3 Resolutions Mailed to Resolutions Committee August 19 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 21 Immediately Following Luncheon — Pick Up Voting Delegate Credentials Followed by Annual Business Session Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Ordinances- 1st Reading Item No. 6 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSED C-2 ZONING DISTRICT REGULATIONS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council approve the C-2 zoning district regulations at first reading. Summary Explanation & Background: Ordinance No. 04-99 provides for the C-2 land development regulations (LDR). Also attached is a map depicting the proposed C-2 district areas. Property owners were sent the attached letter notifying them of this public hearing. Please advise. Exhibits Attached: C-2 Ordinance/C-2 Map/Letter to Property Owners (Signature) City Manager's Office Department P&Z/GROWTH MGMT g:/admin/council/meeting/1999/06-15-99/C-2.doc ORDINANCE NO. 04-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; 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. Chapter 110, Zoning, Article VII, Districts, is hereby amended by the addition of a new Division 8, C-2 Commercial/Manufacturinq District, under Sections 110-380 through 110-389, inclusive, as follows: Section 110-380 Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shall be considered in the fire district, as per the definition in Section 110-1 and shall be built in conformance with the rules and regulations of fire districts. Section 110-381 Principal Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. City of Cape Canaveral Ordinance No. 04-99 Page 2 3. Dry cleaning establishments using non-flammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Applicant must meet the requirements of Section 110-171; provided, however, no special exception shall be required, and the Building Official shall make the determinations set forth therein. 9. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 10. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 11. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 12. Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump islands. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. G:\CityClk\Ordinances\ZONINGIC2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 3 c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with Section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of Section 110-566, shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials and restroom facilities. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 4 i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to Section 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. 13. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. c. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 5 e. Watches, clocks, clockwork -operated devices and parts. f. Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. I. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. Section 110-382 Accessory Uses and Structures. In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial manufacturing character of the district, are permitted. Section 110-383 Special Exceptions Permissible by the Board of Adjustment. (a) In the C-2 commercial/manufacturing district, after public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. G:\CityClk\Ordinances\ZONING\C2ZONE. doc City of Cape Canaveral Ordinance No. 04-99 Page 6 (b) The Board of Adjustment may adjust setbacks and provisions noted in Article IX of this Chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in Division 5 of this Article for the C-1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. G:\CityClk\Ordinances\ZONINGT2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 7 e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 7. Commercial establishments for the storage of parking recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. c. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition, so as to ensure obstruction from view. 8. Public utility equipment: uses and rights -of -way essential to serve the neighborhood in which it is located. 9. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of Section 10-86, et seq. 10. Carwashes, including polishing and sale of related materials. 11. Mini -storage and storage warehouses. Section 110-384 Prohibited Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are prohibited: 1. All uses not specifically or provisionally permitted in this division. 2. Any use which fails to meet performance standards specifications as provided in Section 110-466. 3. Bottle clubs. 4. Crematoriums (animal or human). G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 8 Section 110-385 Area and Dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. Section 110-386 Minimum Setbacks. In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as follows: 1. Front, 25 feet. a. (See subsection (b) of this Section.) 2. Side (interior lot line) 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 9 3. Side (corner lot line), 25 feet. 4. Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110-356 for special setbacks.) Section 110-387 Landscaping, Screening and Parking. In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as provided in Article IX of this Chapter. Section 110-388 Performance Standards. In the C-2 commercial/manufacturing district, performance standards shall be as provided in Section 110-466, et seq. Section 110-389 Parking and Loading. In the C-2 commercial/manufacturing district, off-street parking shall be as provided in Section 110-491, et seq., and off-street loading shall be as provided in Section 110-506, et seq. 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. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 10 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Richard Treverton Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: (Council) Public Hearings: LPA : May 12, 1999 Council G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Proposed C2 Zoning District LEGEND Proposed C2 Properties 1000 0 1000 2000 Feet The City of Cape Canaveral City Council will hold a workshop meeting on March 15th 1999 at 5 p.m. in the City Hall Annex at 111 Polk Ave, to discuss the proposed C-2 Zoning District regulations and the rezoning of the property highlighted on the above map. You also may send your comments to: The City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Or email to: cape@iu.net (Handwritten- C2 property owners) OWNERNAME MAILI MAILSTRNAM MAILCITY M. MAILZIP TECH -VEST INC 000192 CENTER STREET CAPE CANAVERAL FL 32920 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 CANAVERAL INDUSTRIES INC 000192 CENTER STREET CAPE CANAVERAL FL 32920 TIME WARNER ENTERTAINMENT - 000300 FIRST STAMFORD PL STAMFORD Cl 6902 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 CANAVERAL INDUSTRIES INC 000192 CENTER STREET CAPE CANAVERAL FL 32920 O'BRIEN, RANDALL 0 002112 SYKES CREEK DR MERRITT ISLAND FL 32953 CANAVERAL INDUSTRIES INC 000192 CENTER STREET CAPE CANAVERAL FL 32920 SILICON BEACH PROPERTIES INC 007073 N ATLANTIC AVE CAPE CANAVERAL FL 32920 AEROSPACE BUSINESS PARK INC 006041 LEXINGTON PARK ORLANDO FL 32819 AEROSPACE BUSINESS PARK INC 006041 LEXINGTON PARK ORLANDO FL 32819 JOHNSON CONTROLS WORLD SERVICES 007315 N ATLANTIC AVE CAPE CANAVERAL FL 32920 JOHNSON CONTROLS WORLD SERVICES 007315 N ATLANTIC AVE CAPE CANAVERAL FL 32920 AJT LTD 000101 GEORGE KING BLVD CAPE CANAVERAL FL 32920 SHELDON COVE LTD 008810 ASTRONAUT BLVD CAPE CANAVERAL FL 32920 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 SHELDON COVE LTD 000399 CHALLENGER RD CAPE CANAVERAL FL 32920 G PATTON ENTERPRISES INC 001160 MONTEGO BAY DR MERRITT ISLAND FL 32953 NASAJPOUR, AHMAD 001140 HORIZON CT MERRITT ISLAND FL 32952; TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931' PEARSON, HENRY J 000545 GARFIELD AVE COCOA BCH FL 32931, NASAJPOUR, ABULGHASEM TRUSTEE 000440 POLK AVE CAPE CANAVERAL FL 32920 NASAJPOUR, ABULGHASEM TRUSTEE 000440 POLK AVE CAPE CANAVERAL FL 32920 SHUFORD DEV COMPANY P00682 P 0 BOX 682 CAPE CANAVERAL FL 32920 CAPE CANAVERAL JOINT VENTURE P03767 P 0 BOX 3767 COCOA FL 32924 BERGER, ARTHUR W JR 008660 ASTRONAUT BLVD SUITE 1 CAPE CANAVERAL FL 32920 BERGER, ARTHUR W JR 000627 ADAMS STREET CAPE CANAVERAL FL 32920 City of Cape Canaveral Dear Resident, Business or Property Owner, Currently, some areas of our city are zoned for industrial use (M-1), which is light manufacturing. This type of (M-1) use of the land supported the beginning of the space programs, with companies such as IBM, General Electric, Chrysler, Rockwell, Lockheed, ITT, etc. As the space industry evolved, the uses associated with these types of manufacturing facilities were no longer needed. Many manufacturing buildings within the M-1 areas have remained empty since the early 1980s. The purpose of this (changing the use of the land; i.e., zoning) is to permit the owners flexibility to lease their buildings for land uses that are now in demand. The new designation, C-2, is a combined land use category permitting the majority of the land uses found within the existing commercial (C-1) and industrial (M-1) land use categories. The sum of the proposed changes by the involvement of the city will be as follows: • All existing manufacturing and commercial will be permitted to continue. • Does not disturb any of the current businesses • Gives owners of land the flexibility to attract various types of business to our community, and • Is not taking anything from owners, but rather giving them additional uses of land. A City Council public hearing is scheduled for June 15, 1999, at 7 p.m. in the City Hall Annex located at 111 Polk Avenue, to adopt the new C-2 zoning district regulations. All residents, business and property owners are invited to attend and share their views. (Signature) Mayor Rocky Randels 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ The following are the permitted uses currently allowed in the C-1 and M-1 districts, as well as the Proposed permitted uses in the C-2 zoning District. Current Permitted Uses C1 1. Retail stores, sales and display rooms. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. 3. Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses. 4. Hotels and motels. 5. Eating establishments. 6 Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses 7. Banks and financial institutions 8. Commercial recreation, such as driving ranges, bowling alleys and similar uses. 9. Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks. 10. Repair service establishments, such as household appliances, radio and TV and similar uses, but not including automobile repairs. 11. Kindergartens and child care facilities. 12. Shopping centers and malls. 13. Retail sale of beer and wine for off -premises consumption. 14. Public schools. Current Permitted Uses MI 1. General offices, studios, clinics, laboratories, data processing and similar uses. 2. Engineering, laboratory, scientific and research instrumentation and associated uses. 3. Manufacturing 4. Mini -storage and storage garages. 5. Paint and body shops. 6. Motor vehicle repair shops. 7. Adult entertainment establishments, subject to conditions Proposed Permitted Uses C2: 1 Retail stores, sales and display rooms and shopping centers. 2 Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. 3 Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and similar uses. 4. Eating establishments, bakeries and delicatessens. 5. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 6. Banks and financial institutions. 7. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 8. Automotive service stations, subject to conditions 9. Places in which goods are produced and sold at retail upon the premises. 10. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 11. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. 12. Dry cleaning establishments using non-flammable solvents and cleaning fluids as determined by the fire chief. 13. Retail stores using outside display areas 14. Manufacturing (See M1) 15. Motor vehicle repair shops, provided that repairs and materials are within enclosed building. The following are the uses currently allowed by special exception in the C-1 and M-1 districts, as well as the Proposed C-2 zoning District. Current Special Exceptions, Cl. 1. Veterinary Hospitals and clinics. 2. Radio and television studios, broadcasting towers and antennas. 3. Automotive service stations, subject to conditions. 4. Places in which goods are produced and sold at retail upon the premises. 5. Vocational and trade schools not involving operations of an industrial nature. 6. Commercial establishments which sell distribute, serve or store alcoholic beverages or which permit the consumptign of alcoholic beverages on their premises. 7. Dry Cleaning establishments using noninflammable solvents and cleaning fluids, as determined by the fire chief. 8. Retail stores using outside display areas, subject to conditions. 9. New and used automobiles, major recreational equipment and mobile home sales or rentals with accessory services, subject to conditions. 10. Single -family dwellings, two-family dwellings, townhouses and multiple -family dwellings, subject to conditions. 11. Commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items, subject to conditions. 12. Public utility equipment; uses and rights -of -way essential to serve the neighborhood in which it is located. 13. Theaters, drive-in theatres, photographic studios, bookstores and dance studios, subject to conditions. 14. Car washes, including polishing, and sale of related materials. Current Special Exceptions, M1 1. Outside storage. 2. Freight handling facilities; transportation terminals. 3. Temporary security facilities, subject to annual review. 4. Service station, subject to Cl conditions. 5. Veterinary hospitals and clinics, subject to Cl conditions. 6. Storage of liquefied petroleum products, subject to Fire Prevention Code. 7. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. 8. Radio and TV studios. 9. Shopping centers, provided a 10 acre minimum and 75,000 square feet if interior space. 10. Public utility equipment. 11. Adult entertainment establishments, subject to conditions. 12. Permanent security living facilities, subject to conditions. 13. Public buildings. 14. Telecommunication towers, subject to conditions Proposed Special Exceptions, C2: 1. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in Division 5 of this Article for the C-1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to conditions. 7. Public utility equipment: uses and rights -of -way essential to serve the neighborhood in which it is located. 8. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of Section 10-86, et seq. 9. Car washes, including polishing and sale of related materials. 10. Mini -storage and storage warehouses. Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Ordinances - 1st Reading Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-99 REPEALING SECTION 110-352(7)(E), AMORTIZATION OF NON- CONFIRMING USES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this ordinance at first reading. Summary Explanation & Background: This is part of the Fairvilla settlement agreement. If you have any questions, please contact City Attorney Kohn Bennett, 639-1320. Please advise. Exhibits Attached: Ordinance No. 05-99/Existing Code Section 110-352(7)(e) City Manager's Office (Signature) Department P&Z/GROWTH MGMT g:/admin/council/meeting/1999/06-15-99/05-99.doc ORDINANCE NO. 05-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING SECTION 110-352(7)(e), AMORTIZATION OF NONCONFORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Paragraph (e), Amortization of Nonconforming Uses, of Subsection 7 of Section 110-352 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 Council of the City of Cape Canaveral, Florida, this day of , 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: June 1, 1999 Posted: Published: Second Reading: \\CAPE-NT\cityclerk\CityClk\Ordinances\ZONING\Amortization of Nonconforming Uses 110-352.DOC 110-352 CAPE CANAVERAL CODE e. Watches, clocks, clockwork -operated de- vices and parts. f. Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and ath- letic goods. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and art- ist materials. l. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. (4) Ministorage and storage garages. (5) Paint and body shops. (6) Motor vehicle repair shops. (7) Adult entertainment establishments, pro- viding it complies with the following provi- sions: a. Definitions. Where applicable, words or phrases used in this subsection shall be defined according to chapter 10, article IV of the Cape Canaveral City Code. b. Prohibited locations. Notwithstanding any other provision of the zoning ordi- nance of the city, no person shall cause or permit the establishment of an adult entertainment establishment within 1,000 feet of another such establish- ment or within 1,000 feet of any pre- existing religious institution, school, public park or any residentially zoned district (R-1, R-2, R-3). This provision shall also apply to adult entertainment establishments, religious institutions, public parks and areas zoned for resi- dential use that lie outside of the city. c. Permissible locations. Notwithstand- ing any other provisions of the zoning ordinance of the city, except those con- tained in subparagraph b., prohibited locations, above, adult entertainment establishments shall be allowed in the M-1 zoning district. d. Measurement of distance. The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to inter- vening structures, from the closest ex- terior structural wall of each such es- tablishment. The distance between any adult entertainment establishment and any residential zoning district, reli- gious institution, public park or school shall be measured in a straight line, without regard to intervening struc- tures, from the closest exterior struc- tural wall of the adult entertainment establishment to the nearest boundary of the area zoned for residential use, or nearest property boundary of any reli- gious institution, public park or school. e. Amortization of nonconforming uses. The operation of an adult entertain- (TO BE REPERETS) ment establishment which, on the ef- fective date of Ordinance Number 1-96, is operating, or is found by a court of law to have had a right to operate, within 1,000 feet of another such es- tablishment; within 1,000 feet of any preexisting religious institution, school, public park or area zoned for residen- tial use, shall be discontinued by Sep- tember 1, 1999, if such business con- tinues to be within 1,000 feet of another such business or within 1,000 feet of any religious institution, school, public park or area zoned or residential use. In the event two or more adult enter- tainment establishments are located within 1,000 feet of each other and qualify under this section as noncon- forming uses the first of such estab- lishments to have initiated operations within the city, provided it otherwise complied with all applicable zoning regulations, shall be permitted to con- tinue operation at its established loca- tion and the location of all other adult entertainment establishments that con - tinue to be within 1,000 feet of such establishment shall be discontinued by September 1, 1999. Supp. No. 3 CD110:42 Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Ordinances - 1st Reading Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 08-99, REPEALING PARAGRAPH (e) OF SECTION 110-470, FENCES, WALLS & HEDGES DEPT./DIVISION: P&Z/GROWTH MAAGEMENT Requested Action: That the City Council consider approval of this ordinance at first reading. Summary Explanation & Background: The Planning & Zoning Board recommended reopening this code section based on the attached information gathered by the building official. I recommend approval. Exhibits Attached: Ordinance No. 08-99/building official's report/existing code City Manager 's Office (Signature) Department P&Z/GROWTH MGMT. g:/admin/council/meeting/1999/06-15-99/08-99.doc ORDINANCE NO. 08-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING PARAGRAPH (e) OF 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. Paragraph (e) of 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 Council of the City of Cape Canaveral, Florida, this day of , 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: BUILDING DEPARTMENT Memo To: Bennett Boucher, City Manager From: Dennis E. Franklin, CBO, Building Official Date: 06/07/99 Re: Staff report — revision of ordinance on walls Section 110-470 (e) states that "Any concrete boundary wall in excess or four feet in height shall have the excess height be open to 50 percent air and Tight in any residential district." In the short time of my tenure with the city, I have been brought to task on how the 50% was determined in paragraph (e) of this ordinance. A request for clarification and the attached detail was presented to the Planning and Zoning board on May 12, 1999 for discussion and guidance. After a lengthy discussion, the board agreed to eliminate paragraph (e) of Section 110-470. The board determined that this paragraph did create room for mixed interpretation, as well as the fact that the same rule did not apply to a fence over four feet in height. Please refer to the attached documentation for your review. • Page 1 A 20 # open= 50% 4' 6' 20 # open + 50% 4' 6' 20 # open + 50% 4' 6' ISSUE= Length x Width ~ By 50% = THE 50% To BE OPEN & CLOSED . INTERPRETATIONS ARE SHOWN ABOVE AND LOGICIILLY MEET 110-470 (3) (e, § 110.469 CAPE CANAVERAL CODE angular 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 Iocated 25 feet from the point of the intersection of the street right-of-way lines. (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 in any yard, except as specified in section 110- 469, provided the following height restrictions shall apply: (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. (2) 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 com- mercial or industrial zoning district abuts any residential zoning district, the max- imum height of a fence, wall or hedge shall be six feet. (3) In any district, the planning and zoning board may provide an exemption allowing a fence of six feet in height within 25 feet of any yard abutting any public right-of-way if the applicant can demonstrate that an ascertainable and definable hazard will be reduced by the construction of the six-foot fence. The applicant must also demonstrate that the additional height will not cause a visual obstruction to motorists deemed haz- ardous by the planning and zoning board. A written request for an exemption shall be filed at least 21 days prior to the plan- ning and zoning board meeting at which it is to -be considered, and notice of the meeting shall be mailed to all property owners within a 300-foot radius of the property for which an exception is sought. The appli- cant shall pay a fee as set forth in appendix B to this Code. (b) No wall 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 ad- dresses and names of occupants in residential dis- tricts, shall be permitted on exterior boundary walls. If there are such nonallowed words or sym- bols, they shall be covered within seven days of notification to the owner by the city. (e) Any concrete boundary wall in excess of four feet in height shall have the excess height be open { ] to 50 percent air and light in any residential dis- trict. (Code 1981, § 641.27) 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 sec. Sec. 110-471. Exceptions to height regula- tions. The height limitations contained in article Vil 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 min- imum access width of 15 feet to a public right- of-way or an approved private right-of-way. (Code 1981, § 641.31) CD 110:60 Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Ordinances - 2nd Reading Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-99, AMENDING SECTION 110-127, AMENDMENETS AND REZONING PROCEDURE DEPT./DIVISION: PLANNING & ZONING/GOWTH MANAGEMENT Requested Action: That the City Council consider the adoption of an amendment to Section 110-137 procedure. Summary Explanation & Background: This amendment clarifies the zoning amendment process. The P&Z Board recommended approval at their 05-26-99 meeting. I recommend approval. Exhibits Attached: Ordinance no. 06-99; Existing Section 110-137 City Manager's Office (Signature) Department P& Z/GROWTH MGMT g:/admin/council/meeting/1999/06-15-99/06-99.doc ORDINANCE NO. 06-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137, PROCEDURE; 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. Section 110-137, Procedure, of the Code of Ordinances is hereby repealed in its entirety and the following is adopted in lieu thereof: (a) Any amendment to this chapter may be proposed by: (1) The City Council. (2) The Planning and Zoning Board. (3) Any department or agency of the city. (4) Any person. (b) All proposed amendments shall be submitted to the Planning and Zoning board (in its capacity as both the Planning and Zoning Board and the Local Planning Agency) for study and recommendation. The Planning and Zoning Board shall study such proposals to determine: (1) The need and justification for change. (2) The relationship of the proposed amendment to the purpose of the city's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan. (c) The Planning and Zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation. (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in Section 166.041, Florida Statutes, as amended, and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of Chapters 163 and 166, Florida Statutes. 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 Council of the City of Cape Canaveral, Florida, this day of , 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY \\CAPE-NT\cityderk\CityCIk\Ordinances\Amendments and Rezoning Procedures..doc First Reading: Posted: Published: Second Reading: § 110-121 CAPE CANAVERAL CODE vided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. (Code 1981, § 645.07) Sec. 110-122. Hotels and motels. A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08; Ord. No. 30-98. § 2, 10-20- 98) Secs. 110-123-110-135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set orth in this chapter may, from time to time, be amended, supplemented, changed or repealed in he manner prescribed by law and this division. Code 1981, ch. 647) Sec. 110-137. Procedure. (a) The procedure for a zoning classification hange or any comprehensive plan amendment hall be the procedure as adopted or promulgated y the State of Florida in Chapter 163 and Chap- er 166, Florida Statutes. (b) Any amendment to this chapter, other than zoning district boundary change, may be pro- osed by: (1) The city council. (2) The planning and zoning board. (3) Any department or agency of the city. (4) Any person. (c) All proposed amendments, other than a zoning change contained in subparagraph (a) above, shall be submitted to the planning and zoning < REVISED > board for study and recommendation. The plan- ning and zoning board shall study such proposals to determine. (1) The need and justification for change. (2) The relationship of the proposed amend- ment to the purpose of the city's plan for development, with appropriate consider- ation as to whether the proposed change will further the purposes of this chapter and the plan. (d) The planning and zoning board shall sub- mit the request for change or amendment to the < REVISED > city council with written reasons for its recom- mendation. (e) The procedure for the adoption of any ordi- nance amending this chapter shall be in conform- ance with the notice and meeting requirements as < X > codified in Section 166.841, Florida Statutes, as amended. (Code 1981, § 64' .01; Ord. No. 14-97, § 1, 11-18- 97) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain con- ditions, limitations or requirements not applica- ble to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. When a proposed change in zoning district boundaries has been acted upon by the city coun- cil and disapproved or failed to pass, such pro- posed change, in the same or substantially simi- lar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the original request was initiated by the city council, Supp. No. 6 CD110:22 Meeting Type: Regular Meeting Date: 06-15-99 AGENDA Heading Ordinances - 2nd Reading Item No. 10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SIUBJECT: ORDINANCE NO. 07-99, AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT DEPT./DIVISION: PLANNING & ZONING/GOWTH MANAGEMENT Requested Action: That the City Council consider an amendment to Section 58-56, designation and establishment, designating the P&Z Board as the Local Planning Agency. Summary Explanation & Background: The P&Z Board will address all of the LPA duties at their regular meetings. The P&Z Board recommended approval at their 05-26-99 meeting. I recommend approval. Exhibits Attached: Ordinance No. 07-99; Existing Code Section 58-56 City Manager's Office Department P&Z/GROWTH MGMT g:/admin/council/meeting/1999/06-15-99/07-99.doc ORDINANCE NO. 07-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 58, ARTICLE III, LOCAL PLANNING AGENCY, BY AMENDING SECTION 58-56, DESIGNATION AND ESTABLISHMENT; 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. Section 58-56, Designation and Establishment, of the Code of Ordinances is hereby repealed in its entirety and the following is adopted in lieu thereof: Sec. 58-56. Designation and establishment. Pursuant to and in accordance with the provisions of Chapter 163, Florida Statutes, the Planning and Zoning Board of the City of Cape Canaveral, Florida is designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida and shall be referred to as the Local Planning Agency. 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. City of Cape Canaveral Ordinance No. 07-99 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:\CityClk\Ordinances\LPA Designation and Establishment.doc First Reading: Posted: Published: Second Reading: PLANNING § 58-58 Sec. 58-36. Indebtedness. The planning and zoning board shall not incur any debts or enter into any contracts or obliga- tions which would be enforceable against the city, unless prior approval has been obtained from the city council. Secs. 58-37-58-55. Reserved. ARTICLE III. LOCAL PLANNING AGENCY* Sec. 58-56. Designation and establishment. Pursuant to and in accordance with the provi- sions of F.S., § 163.3174, the five regular members of the Planning and Zoning Board of the City of Cape Canaveral, Florida, and two delegates at large to be appointed by the city council by reso- > lution are designated and established as the local planning agency for the City of Cape Canaveral, Florida and shall be referred to as the local plan- ning agency. (Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94) Sec. 58-57. Duties and responsibilities. The local planning agency shall perform such duties as provided in accordance with the provi- sions of F.S. §§ 163.3161-163.3211. (Code 1981, § 261.02) Sec. 58-58. Designation of agency, depart- ment, committee or person to prepare comprehensive plan. The city council, in cooperation with the local planning agency, may designate any agency, de- partment, committee or person to prepare the com- prehensive plan for the city or any element there- of under the supervision and direction of the local planning agency. (Code 1981, § 261.03) *Cross reference —Boards, committees, commissions, § 2-171 et seq. Supp. No. 1 CD58:5