HomeMy WebLinkAboutAgenda Packet 08-03-1999City of Cape Canaveral
CITY OF
CAPE CANAVERAL
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 3, 1999
7:00 P.M.
AMENDED AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION: The Honorable Pat Poole, City of Melbourne, Council Member,
Re: Harbor City Ambulance Service.
CONSIDERATIONS:
Motion to Approve: July 20, 1999 Regular City Council Meeting Minutes
ORDINANCES — First Reading:
2. Motion to Approve: Ordinance No. 09-99; Amending Section 34-186,
Disposition of Property Removed by City, for second
reading.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING SECTION 34-186, DISPOSITION OF PROPERTY
REMOVED BY CITY, OF THE CODE OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
3. Motion to Approve: Ordinance No. 10-99; Amending Article II of Chapter 22,
Renaming the Commercial Development Board to the
Business and Cultural Development Board, for second
reading.
105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 9 FAX (407) 799-3170 111 http://fcn.state.fl.us/cape/
Cape Canaveral City Council
Regular Meeting
August 3, 1999
Page 2
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 22,
COMMUNITY DEVELOPMENT, OF THE CODE OF CAPE CANAVERAL,
FLORIDA, BY PROVIDING FOR THE RENAMING OF THE
COMMERCIAL DEVELOPMENT BOARD TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN
EFFECTIVE DATE.
4. Motion to Approve: Ordinance No. 11-99; Amending Section 74-60, Truck
Parking, for second reading.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 74-60, TRUCK PARKING,
OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR
THE PROHIBITION OF TRUCK PARKING IN THE CITY EXCEPT IN
DESIGNATED AREAS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;
AND PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTIONS:
5. Motion to Approve: Resolution No. 99-16; Supporting the
Retention of an Upgraded Range Safety System
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA
OPPOSING ANY COST CUTTING METHODS AT NATIONAL
LAUNCH RANGES THAT MAY COMPROMISE PUBLIC SAFETY;
SUPPORTING THE RENTENTION OF AN UPGRADED RANGE
SAFETY SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE.
DISCUSSION:
6. City Hall
REPORTS:
7. 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
Cape Canaveral City Council
Pegular Meeting
August 3, 1999
Page 3
Be Heard" section of the agenda. The Council may schedule such items as regular agenda items
and act upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public
that: If a person decides to appeal 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.
Jul -28-99 02:20P City of Melbourne 407 953 6224 P.02
RESOLUTION NO. 1597
A RESOLUTION OF THE CITY OF MELBOURNE, BREVARD
COUNTY, FLORIDA, REQUESTING THE BREVARD COUNTY
BOARD OF COUNTY COMMISIONERS TO RECONSIDER THEIR
VOTE TO TERMINATE THEIR CONTRACT WITH THE HARBOR
CITY VOLUNTEER AMBULANCE SQUAD AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Brevard County Board of County Commissioners recently voted to
terminate the contract with the Harbor City Volunteer Ambulance Squad effective October 1'
1999; and
WHEREAS, the County's plan is to provide 911 emergency ambulance transport in th
Central Benefit Unit by Brevard Fire Rescue; and
WHEREAS, the Melbourne City Council discussed this matter at their April 27, 1990
meeting and voted to register a strong expression of support for the continued operation of the
Harbor City Volunteer Ambulance Squad; and
WHEREAS, the City of Melbourne is concerned about the County's decision and the
possible increase of costs to the municipalities and/or the deterioration of the level of service a$
a consequence of the loss of Harbor City.
BE IT RESOLVED BY THE CITY OF MELBOURNE, FLORIDA:
SECTION 1. That the Melbourne City Council hereby requests the Brevard County
Board of County Commissioners to reconsider their decision to terminate their contract with the
Harbor City Volunteer Ambulance Squad,
SECTION 2. That the City Manager is hereby directed to forward a copy of thisi
resolution to the Brevard County Board of County Commissioners and to the other
municipalities in Brevard County.
SECTION 3. That this resolution shall become effective immediately upon its adoption inj
accordance with the Charter of the City of Melbourne.
Page 1 of 2
Jul -28-99 02:20P City of Melbourne 407 953 6224 P.03
SECTION 4. That this resolution was duly adopted at a recessed regular meeting of the
City Council on the 4th day of May, 1999.
By:
(Signature)
John A. Buckley, Mayor
ATTEST:
(Signature)
Cathleen A. Wysor, City Clerk
Resolution No. 1597
Page 2 of 2
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
July 20,1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PROCLAMATION: Mayor Randels read a proclamation In Memoriam of
Maggie Johnson
PRESENTATION:
Ms. Beverly Walden appeared before Council requesting funds to renovate a
building with potential historic value that was donated to the Women's Resource
Center by Ms. Florence Staton. Further, she requested that the house be re -located
to Xeriscape Park for Women's Resource Center business purposes.
Council concurred that consideration could be given for preservation of the building
if it is proven to be of true historical value and if it could structurally withstand being
relocated as a museum or passive structure depicting the City's history.
RESOLUTIONS:
1. (Tape 1, 1175 )Mayor Randels read Resolution No. 99-14 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REMOVING A MEMBER OF THE COMMERCIAL DEVELOPMENT 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 adopt
Resolution No. 99-14, removing Beverly Walden from the Commercial
Development Board.
Ms. Walden was present and stated that she did not wish to resign from the
board nor be relieved of assignment. All Commercial Development Board
Members were present and related various rationale for removing Ms. Walden
from the board. Council concurred that the resolution should be approved as
recommended by the Commercial Development Board due to her lack of
attendance.
City of Cape Canaveral
Regular Meeting Agenda
July 20, 1999
Page 2
The resolution was adopted 5-0, with voting as follows: Mr. Treverton, For; Mr.
Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor
Randels, For.
2. (Tape 1,1827)Mayor Randels read Resolution No. 99-15 in full.
A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY
OF AD VALOREM TAXES FOR 1998 ON ALL TAXABLE PROPERTY LOCATED W!THIN
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOk AN
EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt
Resolution No. 99-15establishing a total millage for all City operating purposes
at 1.6739 mills. This millage is a 3.1743 percent increase from the rolled back
rate of 1.6224.
City Treasurer, Andrea Bowers explained the projected revenues for fiscal year
1999-2000 and further defined the mandated budget process requirements.
Council concurred with the resolution setting ad valorem tax rate maximums as
projected.
The resolution was adopted 5-0, with voting as follows: Mr. Treverton, For; Mr.
Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor
Randels, For.
CONSIDERATIONS:
3. (Tape 1, 3095) A motion was made by Mr. Bruns and seconded by Mr. Petsos to
approve the Regular City Council Meeting Minutes of July 6, 1999.
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.
4. (Tape 1, 3155) City Manager, Bennett Boucher explained that the County has
requested removing the 911 Address Assignment Interlocal Agreement with
Brevard County until they have reconsidered the issue.
5. (Tape 1, 3192) A motion was made by Mr. Petsos And seconded by Mr. Bruns
to approve the FDOT Local Agency Certification Qualification Agreement.
Public Works Director, Ed Gardulski explained that because Holman Road is
dirt, the City can piggyback with Atlantic Development because it will not
require directional boring. He explained that the project must be completed by
August 31, 1999 to lutilize the remaining grant funds.
City of Cape Canaveral
Regular Meeting Agenda
July 20, 1999
Page 3
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.
6. (Tape 1, 3280) A motion was made by Mr. Hernandez and seconded by Mr.
Bruns To approve the Cooperative Purchase to Construct the Holman Road
Reclaimed Water Line in the amount of $21,500 under the Phase I reclaimed
water extension.
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.
(Tape 1, 3319) A motion was made by Mr. Bruns and seconded by Mr. Petsos
to approve the School Resource Officer Agreement with the City of Cocoa
Beach.
The contract is the same as in the past. Patty Wilmer is returning as the
School Resource Officer replacing Steve Petro at Cocoa Beach High School.
Of the 1,188 students in the high school, 375 are Cape Canaveral residents.
City Manager, Bennett Boucher related that Major McGee researched saying
the City of Cape Canaveral has 234 students. Council concurred to agree in
concept, finalizing next week. Mr. Petsos requested that the resource officer
attend school advisory meetings and provide reports regularly.
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.
DISCUSSION:
8. (Tape 2,113) Utility Line Construction, Cost Sharing
Public Works Director, Ed Gardulski explained that the code does not provide
for anticipated need for upsizing utility lines. He submitted information from
three different cities and all are different. City Attorney, Kohn Bennett
suggested using West Melbourne's ordinance as a template. Mr. Hernandez
queried how we will know what size to require. Mr. Bennett stated that the key
is to give an ordinance allowing leeway to upsize a line. We do not have to
imagine the required size lines. The ordinance would express that there is no
obligation, but provides a tool to allow the experts to inform us of the best
alternatives.
Council concurred for staff to draft an ordinance similar to West Melbourne;s.
Mayor Randels reminded staff of one section of the Port Orange ordinance
regarding design and survey work that should be included, referencing only
the cost of pipe upsizing.
City of Cape Canaveral
Regular Meeting Agenda
July 20, 1999
Page 4
REPORTS:
City Manager — Bennett Boucher
• Mr. Boucher reported that the Commercial Development Board has finished
rewriting the redevelopment plan. New goals and philosophies defined. He
commended the group for accomplishing tremendous projects.
• Mr. Boucher reported that we are in the process of bidding Tower Boulevard.
He queried if anyone knew why the street was named Tower Boulevard. Mr.
Nicholas stated that a space needle restaurant was planned to be built years
ago. Council concurred to change the name of the street.
• Mr. Boucher reported that a new aerial photograph of the City has been
provided since the beach renourishment.
• Mr. Boucher reported that Towne Realty would be coming in for a rezoning
request just south of Jetty Park. It is proposed as a commercial area for daily
room rentals.
• Mr. Boucher reported that the Planning & Zoning Board would be considering
the administrative rezoning of C-2. Certified letters were sent to all property
owners. Agendas will be distributed.
• Mr. Boucher reported that Public Works Director, Ed Gardulski did an excellent
job on Florida Department of Transportation certification document.
• Mr. Boucher reported as chair of the local area mitigation strategy committee.
He explained that he just discovered today that the library system did not
include anything, such as storm shutters for any of the libraries throughout the
county. Those assets should be protected. The timetable is mid August to
approve a resolution approving their projects and strategy. He reported that he
has worked with a lot of agencies and these folks have worked together
extraordinarily. He stated that they would be requesting a coordinator to be
funded by the county, and requesting funding from the state to subsidize for
coordinators. He related that once the product is developed, implementation is
not funded.
Audience
• Mr. Leo Nicholas reported that a business on A1A (Ocean Carpets) has a
dumpster overflowing. Mayor Randels stated that he wouldl notify them
tomorrow.
City of Cape Canaveral
Regular Meeting Agenda
July 20, 1999
Page 5
Mr. Leo Nicholas reported that a VFW member said someone in the city
had approached someone asking if the VFW would take over the veterans
memorial. No one knew about the issue.
City Clerk — Sandra Sims
• Ms. Sims notified Council that Crossing Guards are needed again this year.
City Attorney — Kohn Bennett
No report.
Council Member — Richard Treverton
• Mr. Treverton reported for the City Hall committee. He stated that the four
members (Susan Stills, Joy Daine, Kim McIntire and Susan Chapman) put a lot
of thought and work into the project. They have concluded after considering a
second story; looking around town for other building possibilities; the Stottler
Stagg & Associates plans done in 1995 and expanding 16' on the east (650'
addition) They are not satisfied that it would be big enough — maybe 29'
extension instead. He related that he has not come to a conclusion himself and
will report again at the next Council meeting.
Council Member — Burt Bruns
• Mr. Bruns queried about the status is on Collier Group. They should be noticed
to proceed.
• Mr. Bruns reported that he and Public Works Director, Ed Gardulski have been
attending the Water202O program meetings. He related that it has been
determined that Brevard has an adequate supply of water. Commercial use will
increase and agriculture will decrease by 59%. Each City (11 represented) is
required to write a letter of support of the plan for the Water 2020 program. Ms.
Sims agreed to draft the letter for Mr. Bruns' signature on behalf of the City.
Council Member — Tony Hernandez
Mr. Hernandez queried about the status of the ballpark. Mr. Boucher
responded that Recreation Director, Nancy Hanson has the recreation board
recommendations that will be submitted with the two grants.
Mayor Pro Tem — Buzz Petsos
Mr. Petsos asked if staff could do a street light assessment at the intersection
of North Atlantic and A1A.
City of Cape Canaveral
Regular Meeting Agenda
July 20, 1999
Page 6
Mayor — Rocky Randels
• Mayor Randels reported that Brevard Sheriff's Department won an international
award for the design of their automobiles. They ranked third in 1999 among
300 entries.
• Mayor Randels reported that the electric vehicle has been received for the
Sheriff's Department.
• Mayor Randels queried about the status of the new city shirts? Mr. Boucher
reported that a final decision would be made at the next staff meeting on
Friday.
• Mayor Randels reported that Mr. William Bennix will donate property on North
Atlantic for a community center. Consensus is that the City will take the
property if offered. Mayor Randels stated that Mr. Bennix has authorized
$14,000 for the City to get someone to plant additional landscaping.
There being no further business the meeting adjourned at 9:45 p.m.
Rocky Randels, MAYOR
Sandra Sims, CITY CLERK
Meeting Type: Pe
War
Meeting Date:
Meeting Type: Regular
Meeting Date: 08-03-99
AGENDA
Heading
Considerations
Item
No.
2
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SETTLEMENT AGREEMENT WITH BLARNEY 67, INC. (FAIRVILLA MEGA STORE)
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of revised settlement with Blarney 67, Inc.
Summary Explanation & Background:
The changes in this agreement give the mortgage holder Cape R&"D the same conditions Blarney 67, Inc. has
to operate any adult bookstore, and changes to Paragraph 10, signage that would allow internal directional and
informational signs 70 feet from SR A1A.
If you have any questions about this revised agreement, please contact City Attorney Kohn Bennett, 639-1320.
Attorney Scott Pendley (407-422-4310) will be in attendance to answer any questions you may have about the
federal lawsuit.
Please advise.
Exhibits Attached:
Settlement agreement
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/council/meeting/1999/08-03-99/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,
1
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
2
amicably; and
Murphy is the sole shareholder and principal of Blarney 67; and
Jay Rader ("Rader") is the sole shareholder of Cape R & D, and
M. 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:
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, and Cape R & D in consideration of the
3
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. Neither
Blarney 67 nor Cape R & D shall 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 under the existing Code, except an Adult
Bookstore, all as defined in Section 10-86, Code of Ordinances of Cape Canaveral, Florida, as
adopted on the date of this Agreement. In addition, Blarney 67 and/or Cape R & D shall not
increase the size of its building as long as it continues the use of the Real Property as an adult
entertainment establishment. Notwithstanding the foregoing, should Blarney 67 or Cape R & D
discontinue the use of the Real Property as an Adult Bookstore for a period of eighteen (18)
consecutive months, other than by a natural disaster or an act of God, then the use permitted
hereunder shall be automatically revoked without notice.
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 and Cape R & D. Blarney 67 and Cape
R & D agree that any transfer of the Real Property to any entity or individual other than Blarney 67
or Cape R & D 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
0
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 or
Cape R & D 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 and Rader may
bequeath his stock to a family member as a part of normal estate planning. Notwithstanding the
foregoing, the parties acknowledge that Blarney 67 or Cape R & D may sell, purchase, or exchange
portions of undeveloped property 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".
8. REZONING. Cape Canaveral shall have no duty or obligation to grant any
rezoning request prosecuted by or on the behalf of Blarney 67 or Cape R & D, nor shall Cape
Canaveral act in an arbitrary or capricious manner in denying any rezoning request.
9. ADULT ENTERTAINMENT CODE. Blarney 67, Murphy, Cape R & D and
Rader hereby agree that the adult entertainment code of the City of Cape Canaveral is constitutional
and enforceable. Blarney 67, Murphy Cape R & D and Rader agree that they will not, on their
behalf, or indirectly through any affiliate (as hereinafter defined), take any position or file any action
E
seeking to attack the constitutionality or enforceability of the adult entertainment code of the City of
Cape Canaveral, unless the City adopts and attempts enforcement of any future adult entertainment
codes against Blarney 67, Murphy, Cape R & D and Rader for the subject property, which is
contrary to the spirit of this Settlement Agreement. 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,
Murphy, Cape R & D, or Rader.
10. SIGNAGE. For any sign, as same is defined by the City's Codes and Ordinances, as
adopted as of the date of this Agreement, Blarney 67 and Cape R & D hereby covenants and agree to
use only wall signs on the building as provided in the City's Codes and Ordinances, as adopted as of
the date of this Agreement. Blarney 67 and Cape R & D shall not construct or use any pole signs,
reader boards, or banners for the operations on the Real Property other than a directional entrance
sign not exceeding twelve (12) square feet in size and utilizing only the words Fairvilla Mega Store
and Entrance or such other language as Cape Canaveral may approve, which approval shall not be
unreasonably withheld. Blarney 67 and Cape R & D may use internal directional or informational
signs, which shall be no less than seventy (70) feet from the Highway AIA right-of-way. Blarney
67 and Cape R & D agree that none of the signs used for the Business on the property will use the
depiction of the human body or the terms, words, or phrases: adult, XXX, nude, erotic, or any other
terms or phrases which have an adult or sexual connotation.
11. ENFORCEMENT. Blarney 67 and Cape R & D hereby agree that, should it (or a
successor in interest) be in violation of the terms of this Agreement, Cape Canaveral may obtain an
2
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
in good faith in its implementation. For the purpose of this Agreement, "good faith" requires
honesty in fact and 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
7
Date:
CITY OF CAPE CANAVERAL
By:
ROCKY RANDELS, MAYOR
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 ,
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
9
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.
CAPE R & D CORP.
By:
JAY RADER, President
STATE OF ARIZONA
COUNTY OF
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
The undersigned, as sole shareholder of 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.
JAY RADER, Individually
STATE OF ARIZONA
COUNTY OF
The foregoing instrument was acknowledged before me this day of ,
1999, by JAY RADER, individually, ❑who is personally known to me, ho is not personally known
to me, but who has produced his driver's license as identification.
10
Meeting Type: Regular
Meeting Date: 08-03-99
AGENDA
Heading
Ordinances -1st Reading
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 09-99 AMENDING SECTION 34-186, DISPOSITION OF PROPERTY
REMOVED BY CITY
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider the amendment that increases the property disposition limit for the disposition of
property from $250 to $1,000.
Summary Explanation & Background:
The increase in the disposition limit will follow the city to sell inoperable motor vehicles valued less than
$1,000, and those vehicles valued over $1,000 will be sold at auction.
Our staff recommends this amendment; it would help free up space at our public works facility where we
currently impound towed vehicles.
Exhibits Attached:
Ordinance No. 09-99/Existing Code
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/counciil/meeting/1999/08-03-99/09-99.doc
ORDINANCE NO. 09-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 34-186, DISPOSITION OF
PROPERTY REMOVED BY CITY, OF THE CODE OF CAPE
CANAVERAL, FLORIDA; 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. Paragraphs (a) and (b) of Section 34-186, Disposition of Property
Removed by City, are hereby deleted in their entirety, and the following are adopted in
lieu thereof:
Sec. 34-186. Disposition of Property Removed by City
(a) If, in the opinion of the city manager, the value of any abandoned property
or an inoperable motor vehicle is less than $1,000.00, and after the
notices have been given as provided in section 34-1 85, the city manager
may summarily dispose of the abandoned property or inoperable motor
vehicle on terms deemed advisable by the city manager after the passage
of thirty (30) days from the date of the notice required in section 34-1 85. If
notice has been published, disposition may take place after thirty (30)
days of the date of publication.
(b) If, in the opinion of the city manager, the value of the abandoned property
or an inoperable motor vehicle exceeds $1,000.00, the abandoned
property or inoperable motor vehicle shall be disposed of at public sale in
accordance with the provisions of subsection (c) of this section. Any public
sale shall be held not sooner than 30 days from the date on which the
notice is given pursuant to section 34-185.
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.
City of Cape Canaveral
Ordinance No. 09-99
Page 2
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
G:/CityClk\Ordinances\Disposition Property Removed.doc
Sec. 34-186. Disposition of property removed by city.
(a) If, in the opinion of the city manager, the value of any abandoned property or an
inoperable motor vehicle is less than $250.00, and after the notices have been given as
provided in section 34-185, the city manager may summarily dispose of the abandoned
property or inoperable motor vehicle on terms deemed advisable by the city manager
after the passage of 30 days from the date of the notice required in section 34-185. If
notice has been published, disposition may take place after 30 days of the date of
publication.
(b) If, in the opinion of the city manager, the value of the abandoned property or an
inoperable motor vehicle exceeds $250.00, the abandoned property or inoperable motor
vehicle shall be disposed of at public sale in accordance with the provisions of
subsection (c) of this section. Any public sale shall be held not sooner than 30 days from
the date on which the notice is given pursuant to section 34-185.
(Existing Code)
Meeting Type: Regular
Meeting Date: 08-03-99
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. /d -99 RENAMING THE COMMERCIAL DEVELOPMENT BOARD TO
THE BUSINESS AND CULTURAL DEVELOPMENT BOARD
DEPT./DIVISION: COMMUNITY DEVELOPMENT
Requested Action:
That the City Council consider this ordinance renaming the Commercial Development Board to the Business
and Cultural Development Board
Summary Explanation & Background:
In addition to the name change, the board would like to increase its membership to (9) members. If council
concurs, then Section 22-28 should be amended at this time.
Please advise.
Exhibits Attached:
Ordinance No/10-99/Board minutes on membership change
City Manager's Office
(Signature)
Department COMMUNITY DEVELOPMENT
g:/admin/council/meeting/1999/08-03-99/cdb.doc
City of Cape Canaveral
Ordinance No. 10-99
Page 1
ORDINANCE NO. 10-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ARTICLE H OF CHAPTER 22,
COMMUNITY DEVELOPMENT, OF THE CODE OF CAPE CANAVERAL,
FLORIDA, BY PROVIDING FOR THE RENAMING OF THE
COMMERCIAL DEVELOPMENT BOARD TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD; 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. Article II of Chapter 22, consisting of Sections 22-26 through 22-35, inclusive,
are hereby deleted in their entirety, and the following are adopted in lieu thereof
ARTICLE II. BUSINESS AND CULTURAL DEVELOPMENT BOARD.
Sec. 22-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Commerce or commercial, pertain to activities in the areas of industry, commerce,
business and tourism.
Sec. 22-27. Established.
The city establishes a Business and Cultural Development Board in and for the city.
City of Cape Canaveral
Ordinance No. 10-99
Page 2
Sec. 22-28. Composition; qualifications.
The Business and Cultural Development Board shall consist of five regular members
and two alternate members.
Sec. 22-29. Term of Office.
The members of the Business and Cultural Development Board shall be appointed by
a majority vote of the city council for staggered terms of two years.
Sec. 22-30. Vacancies.
Vacancies occurring on the Business and Cultural Development Board shall be filled
for the un -expired term by the city council.
Sec. 22-31. Removal.
The city council, by majority vote, shall have the authority to remove any member of
the Business and Cultural Development Board from office whenever, in its discretion,
the best interest of the city shall be served.
Sec. 22-32. Rules and procedures.
The Business and Cultural Development Board shall adopt a set of rules to govern
meetings and procedures, which shall be approved by the city council.
Sec. 22-33. Purpose and duties.
The Business and Cultural Development Board shall have the purposes and duties to:
(1) Prepare a commercial redevelopment plan and submit the plan for approval to
the city council. This plan shall analyze existing conditions and needs pertaining to
the city's commerce and determine optimum methods and means of improving those
conditions and satisfying those needs. The plan shall contain, as a minimum, the
following:
a. A survey of existing commercial entities located in the city.
City of Cape Canaveral
Ordinance No. 10-99
Page 3
b. An inventory of existing vacant space (building and land) suitable for
use in commercial development. This shall be coordinated with the planning
and zoning board.
C. A determination of the commercial needs of the citizens ofthe city that
are presently going unsatisfied or being met by commercial entities outside the
city.
d. An analysis of these needs and the preparation of a plan for bringing
new and needed commercial enterprises to the city. This plan should also seek
methods of enhancing existing commerce presently located in our city in an
effort to satisfy citizen needs.
(2) Implement the council -approved commercial redevelopment plan as directed
and funded by the council.
(3) Confer with and advise the city council on all matters concerning the
development of commerce in the city.
(4) Act as liaison for the city in the area of public relations with the following:
a. Cocoa Beach Area Chamber of Commerce.
b. Canaveral Port Authority.
C. County Economic Development Council.
d. Other similar organizations or agencies which, in the opinion of the
Business and Cultural Development Board, would be appropriate for
such liaison.
(5) Determine from existing commercial enterprises in the city and interested
outside entities contemplating locating in the city the appropriate and necessary action
the city should take to enhance and encourage the further development of the city's
commerce and coordinate with and advise pertinent officials and boards in the city as
to the implementation of this action.
(6) Advise the city council and the city manager of the advent of any new
commercial activity, i.e., new businesses, significant change in existing businesses,
etc., in the city's commerce in order that timely and appropriate recognition by the
City of Cape Canaveral
Ordinance No. 10-99
Page 4
city can be effected.
(7) Cooperate with all community groups, which are dedicated to orderly
commercial expansion of the city and furnish them with aid and advice as is deemed
appropriate.
(8) Generally, encourage in any manner the development of business, commerce,
industry and tourism in the city.
(9) Investigate sources of financial assistance available to the city from the
governmental or private sector and assist the city as directed by the city council in
properly applying and promoting the successful acquisition of the assistance. For the
purpose of this article, financial assistance may be in the form of grants, low interest
loans or physical property, including that of real or personal nature. Activity in the
private sector will be limited to established foundations.
Sec. 22-34. Advisory capacity.
The powers and duties of the Business and Cultural Development Board are of an
advisory nature only, and the board shall not have any powers or duties which conflict
with or supersede the powers and duties of other city boards.
Sec. 22-35. Indebtedness.
The Business and Cultural Development Board shall not incur any debts or enter into
any contracts or obligations, which would be enforceable against the city, unless prior
approval has been obtained from the city council.
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, resolution, or parts of an
ordinance or resolution, in conflict herewith are repealed.
City of Cape Canaveral
Ordinance No. 10-99
Page 5
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:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
BB,
Attached is copy of February 17, 1999 CDB minutes regarding the by-laws. I recall that the
intent of increasing the membership to nine members was in direct correlation to the board
evolving into a business and arts council. The board felt additional members were needed in
order to effectively handle the extra responsibilities associated with the addition of the arts.
Attached is copy of March 17 minutes in which members recommended that the board consist of
nine (9) members.
Let me know if you would like me to listen to the tape of the February 17 meeting for the exact
verbiage.
K
Commercial Development Board
Page Four
February 17, 1999
3. Discussion Re: Facility in which to host the Cocoa Beach Area Chamber of Commerce July
7' Wednesday-Friendsday
Mr. Folcarelli asked staff to prepare a letter to Jan Bancroft, Agape Travel, in response to
her letter of February 8' in which she volunteered to work on this event.
Mayor Randels reported that the Radisson would be happy to accommodate the city by
offering use of their facility for this event, and he did not anticipate that there would be any
cost to the city. He said the event could either be held in the convention area or in the area
that was currently under renovation.
Mr. Weber asked if it would be possible for one or more of the members to visit the
proposed area that was currently under renovation before a final decision was made. Ms.
Edwards asked if the Radisson would be receptive to other restaurants participating in the
event.
Mr. Folcarelli pointed out that the main priority of the board was to give exposure to the
city's businesses which was the main reason why the board had shied away from holding the
event in a commercial establishment.
Ms. Edwards suggested that staff prepare a letter to the Space Coast Art League inviting
them to participate in the July 7th Wednesday-Friendsday. Mr. Weber suggested also
inviting the Cuban artists who participated in the city's Art Appreciation Day on May 6,
1998.
Following discussion regarding a theme for this year's event, members agreed on Cape
Canaveral's Star Spangled Classical Gala with classical music, tabletops and displays of
artwork. Mr. Folcarelli volunteered to secure a classical band for the event, at either no
cost or a minimal cost to the city.
Mayor Randels will contact Mr. Tony Greenwell, Catering Manager at the Radisson, to
schedule a "fact finding" meeting.
NEWB
1. Discussion Re: By -Laws per Section 22-32
Members reviewed the by-laws from various advisory boards and recommended that staff
modify the Beautification Board By -Laws and prepare a rough draft to be placed on the
March 17th agenda for discussion.
Mr. Folcarelli asked if the board was going to evolve into an arts council also and if that
were the case, the Commercial Development Board ordinance would need to be revised.
There was discussion regarding the arts portion becoming an additional function of the
Commercial Development Board
Page Five
February 17, 1999
Commercial Development Board. Mr. Boucher suggested that the arts council verbiage
could simply be added to the existing purposes and duties of the Commercial Development
Board ordinance. He further recommended that information regarding the scope of duties of
an arts council be obtained from the Internet.
Mr. Folcarelli said that in order to have a meaningful discussion, additional information was
needed regarding the duties, responsibilities, purpose and intent and how the arts would
interface with commercial development. Mr. Folcarelli volunteered to obtain information
regarding purposes and intents of an arts council
Mr. Weber said he had been approached by several individuals who had expressed an
interest in becoming members of the Commercial Development Board. Mayor Randels (Stricken from Code)
indicated that the council would certainly consider increasing the membership if there were a (Stricken from Code)
definite interest by volunteers "to serve on the board.(Stricken from Code). Mr. Folcarelli suggested that those
people interested in becoming members, be asked to attend next month's meeting.
Mr. Boucher mentioned Ron Jon's surplus custom-made recreation sculptures and how this
type of art could possibly fit in with the existing city facilities. Mr. Folcarelli volunteered
to contact Ron Jon
2. Open
Mr. Weber reported on a program being presented by the mayor of Charleston, SC on
Wednesday, February 24th at the Cocoa Village Playhouse at 7:30 p.m. summarizing some of
his accomplishments in the arts arena. Members interested in attending should call 639-7550
to RSVP. Mr. Folcarelli encouraged members to attend.
Mr. Weber reported that he and Kacee Corbin, Beautification Board Chairperson, were co -
hosting the annual Trash Bash '99 on Saturday, April 17th from 8:00 a.m. to noon.
Participants will meet at the library to identify streets that need to be cleaned up. A bbq will
follow the clean-up and t -shirts will be given to all participants.
Ms. Edwards voiced her pleasure at the city becoming involved in the arts. Mayor Randels
told members that the city utilized some of the artwork provided by the Brevard Cultural
Alliance; however, the city was not a member of this organization. He suggested that the
board consider membership in this organization at a yearly cost of $300. He said one of the
benefits was that they would furnish a list of all the available artists so that the board could
contact them to see if they had an interest in displaying their work within the city for one
day showings. Ms. Edwards suggested that the city marquee could be used to advertise
these future art showings. Mr. Folcarelli suggested that there also be press releases.
Mr. Weber announced that Mr. Craig Smith, Coastal Fuels, had been appointed to the board
as an alternate member by the City Council at their February 16th meeting.
Commercial Development Board
Page Five
March 17, 1999
(A) Members recommended that the board consist of nine (9) members. (adding to the Code).
(B) No Change.
(C) Delete in its entirety and replace with the following: Each member shall either be a bona
fide resident of the city or employed in a full-time capacity in the city at the time of
appointment and during incumbency, or any other person whom the council deems qualified
to promote the purposes as described in Section 22-33. Each member of the board shall be a
registered voter. At least two members of the board shall be engaged in an active business
enterprise. Membership of the board shall include a significant representation from the city's
commercial activities with each member having an expertise in public relations or having
business development skills.
(D) No Change.
(E) No Change.
(F) Delete in its entirety.
(G) No Change.
(H) Delete in its entirety.
SECTION II: OFFICERS
(A) No Change.
(B) No Change.
(C) Delete the sentence in its entirety.
(D) Replace "by" with "of".
SECTION III: MEETINGS
(A) No Change.
(B) No Change.
(C) Eliminate (or alternate members in the absence of regular members)
(D) No Change.
Following discussion, members recommended that a new section to added as follows:
SECTION IV: ORDER OF BUSINESS
Robert's Rules of Order, latest revised edition, shall govern the parliamentary procedure of the Board.
Mr. Folcarelli requested that staff order a copy of the latest revised edition of Robert's Rules of Order
for each member.
SECTION V: DUTIES OF THE BOARD
No Change.
Mr. Folcarelli pointed out that the verbiage in Number 8, "Generally encourage in any manner the
development of business, commerce, industry and tourism in the city", allowed the board to encompass
Meeting Type: Regular
Meeting Date: 008-03-99
AGENDA
Heading
Ordinances - 2nd Reading
Item
No.
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO.// -99 AMENDING SECTION 74-60, TRUCK PARKING
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider an amendment to Code Section 74-60, prohibiting the parking of trucks
weighing 6,000 pounds or more to park more than (4) hours, unless the property is designated as a
transportation facility, or use consistent with the city code.
Summary Explanation & Background:
This will enable the city to enforce this provision consistently, citywide.
I recommend approval at first reading.
Exhibits Attached:
Ordinance No.//-99/Existing Code
City Manager's Office
(Signature)
Department LEGISLATIVAE
g:/admin/council/meeting/1999/08-03-99/truck.doc
ORDINANCE NO. 11-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING SECTION 74-60, TRUCK PARKING, OF
THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE
PROHIBITION OF TRUCK PARKING IN THE CITY EXCEPT IN
DESIGNATED AREAS; 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 74-60, Truck Parking, is hereby deleted in its entirety, and
the following is adopted in lieu thereof:
Sec. 74-60. Truck Parking.
It shall be unlawful for any truck weighing 6,000 pounds or more to park
anywhere within the City of Cape Canaveral for more than four (4)
consecutive hours, unless the property is designated as a transportation
facility, pursuant to the city code, or has a special exception approved for
such used by the city.
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
City of Cape Canaveral
Ordinance No. 11-99
Page 2
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
TRAFFIC AND VEHICLES
Sec. 74-57. Penalties.
Any person violating this article shall be pun-
ished in accordance with the schedule as follows:
Violation Penalty
(1) Parked in excess of autho-
rized time ............... $ 25.00
(2) Parked in no parking zone. 25.00
(3) Parked in loading zone ... 25.00
(4) Parked in reserved zone
without permit........... 25.00
(5) Parked irregularly (extend-
ing over boundary) ....... 25.00
(6) Parked in handicapped
space .................... 100.00
(7) Parked double or obstruct-
ing traffic ................ 25.00
(8) Parked on sidewalk ...... 25.00
(9) Parked on ocean dunes ... 100.00
(10) Parked in fire lane ....... 25.00
(11) Other ................... 25.00
(Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06),
4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord.
No. 40-93, § 3, 10-19-93; Ord. No. 1-94, § 2, 2-1-94)
Sec. 74-58. Authority to establish no park-
ing zones.
(a) Except as provided in subsection (b) of this
section, the chief law enforcement officer may
establish no parking zones by designating those
places where motor vehicles are prohibited from
parking. The chief law enforcement officer shall
place a sign or other identifying mark indicating
no parking zones.
(b) The city fire chief shall designate all fire
lanes in which it shall be unlawful for any vehicle
to park in accordance with the provisions of
section 74-62. The city fire chief or designee is
designated as a parking enforcement specialist
who may enforce prohibitions against parking in
fire lanes.
(Code 1981, § 685.02; Ord. No. 40-93, § 2, 10-19-
93; Ord. No. 1-94, § 1, 2-1-94)
Sec. 74-59. Dune parking prohibited.
It shall be unlawful for any vehicle to
any of the ocean dunes, and any such
may be ticketed as a violation of this ari
(Code 1981, § 685.03)
Cross reference—Waterways, ch. 106.
Sec. 74-60. truck parking.
It shall be unlawful for any truck weighing
6,000 pounds or more to park anywhere within
the city for more than four consecutive hours
where so posted.
(Code 1981, § 685.04)
Sec. 74-61. Overnight parking.
It shall be unlawful for any vehicle to park on
any of the beach end streets east of Ridgewood
Avenue between the hours of 10:00 p.m. and 5:00
a.m., and any such parking shall be ticketed as a
violation of this article. For the purposes of this
section, the term "beach end street" means a
street within the city that has as its east terminus
the Atlantic Ocean or the dune line which runs
north and south parallel to the Atlantic Ocean.
(Code 1981, § 685.05)
Sec. 74-62. Designation of fire lanes.
(a) The city fire chief shall be authorized to
designate fire lanes on or in a public street, alley,
roadway or premises, or on any public property
which, in his opinion, would be necessary or
desirable for the free movement of fire apparatus
or of firefighting personnel responding to or oper-
ating at a scene of a fire or other public emer-
gency.
(b) Designated fire lanes authorized by the city
fire chief shall be appropriately identified with
signs bearing the words "Fire Lane, No Parking."
The signs and lettering shall be standard infor-
mation type traffic signs, with red letters on white
background. In addition, the city fire chief may
require diagonal striping placed on or in any
public street, alley, roadway or premises or on any
public property or any private property to which
the public has access and the words "Fire Lane,
No Parking" painted thereon in letters no less
than 18 inches in length.
Supp. No. 2 CD74:5
Meeting Type: Regular
Meeting Date: 08-03-99
AGENDA
Heading
Resolutions
Item
No.
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-14, OPPOSING COST CUTTING AT NATIONAL LAUNCH
RANGES AND SUPPORTING THE RETENTION OF AN UPGRADED RANGE SAFETY
SYSTEM
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider the adoption of Resolution No. 99-14.
Summary Explanation & Background:
See attached resolution, similar to one passed by the City of Titusville.
I recommend approval.
Exhibits Attached:
Resolution No. 99-14
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/council/meeting/1999/08-03-99/99-14.doc
RESOLUTION NO. 99-14
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
FLORIDA, OPPOSING ANY COST CUTTING METHODS AT
NATIONAL LAUNCH RANGES THAT MAY COMPROMISE
PUBLIC SAFETY; SUPPORTING THE RETENTION OF AN
UPGRADED RANGE SAFETY SYSTEM; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, it is the inherent duty of the government of United States to
protect the general public, launch site personnel, and foreign land masses from
our missiles; and
WHEREAS, the City Council of Cape Canaveral is entrusted with insuring
the safety of the citizens of Cape Canaveral; and
WHEREAS, the City of Cape Canaveral is located in an area nearby the
launch operations at Cape Canaveral, Florida and would be subject to
tremendous damage potential from errant missiles; and
WHEREAS, the City of Cape Canaveral recognizes the need to provide
upgraded equipment to meet launch commitments in a safe manner; and
WHEREAS, the National Research Council, the investigating arm of the
National Academy of Sciences, has established a Committee on Space Launch
Range Safety with the purpose of examining existing Air Force safety guidelines
and procedures for launches in order to determine if alternative approaches
might be more efficient and less expensive; and
WHEREAS, the current Air Force range safety system has protected
Floridians, and the general public, and foreign lands from errant rockets for
nearly 50 years via a system of ground stations that track missiles, unmanned
City of Cape Canaveral, Florida
Resolution No. 99-14
Page 2
rockets and NASA space shuttles in flight. Whereby through this system
engineers are able to deliberately destroy errant or exploding rockets before they
can endanger populated areas.
NOW, THEREFORE, BE IT RESOLVED BY the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. The City Council of the City of Cape Canaveral is adamantly
opposed to any cost cutting measures relative to range safety that endangers the
general public, launch site personnel and foreign landmasses.
SECTION 2. The City Council strongly urges the National Research
Council's Committee on Space Launch Range Safety to retain an upgraded
range safety system that enables engineers to destroy errant rockets before they
endanger populated areas.
SECTION 3. The City Clerk is directed to provide a copy of this resolution
to the Space Coast League of Cities, the Florida League of Cities, Governor Jeb
Bush, Lieutenant Governor Frank Brogan, U.S. Senators Connie Mack and Bob
Graham and U.S. Representative Dave Weldon.
SECTION 4. This resolution shall take effect immediately upon its
adoption.
City of Cape Canaveral, Florida
Resolution No. 99-14
Page 3
ADOPTED BY 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 Tony Hernandez
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\Cape-nt\cityclerk\CityClk\Resolutions\Range Safety System.doc
07/9/1999 10:46 4073835704 CITY OF TITUSVILLE PAGE 02/03
RESOLUTION NO. 24-1999
A RESOLUTION OF THE CITY OF TITUSVILLE, FLORIDA OPPOSING ANY
COST CUTTING METHODS AT NATIONAL LAUNCH RANGES THAT MAY
COMPROMISE PUBLIC SAFETY; SUPPORTING THE RETENTION OF AN
UPGRADED RANGE SAFETY SYSTEM; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, it is the-inherent duty of the govenment of United States to protect the general public, launch
site personnel, and foreign land masses from our missiles- and
WHEREAS, the City Council of the City of Titusville is entrusted with insuring the safety of the citizens
of Titusville; and
WHEREAS, the City of Titusville is located in an area nearby the launch operations at Cape Canaveral,
Florida and would be subject tremendous damage potential from errant missiles; and
WHEREAS, the Cityof Titusville recognizes the need to provided upgraded equipment to meet launch
commitments in a safe manner and
WHEREAS, the National Research Council, the investigating atm of the National Academy of Sciences,
Space Launch Range Safety with the purpose of examining existing Air Force safety
guidelines and procedures for launches in order to determine if alternative approaches might be more efficient and
less expensive; and
WHEREAS, the current Air Force range safety system has protected Floridians, the general public, and
foreign lands from errant rockets for nearly 50 years via a system of ground stations that track missiles, unmanned
rockets and NASA space shuttes in flight. Whereby through this system engineers are able to deliberately destroy
errant or exploding rockets before they can endanger populated areas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TITUSVILLE, FLORIDA as follows:
Section 1, The City Council of the City of Titusville is adamantly opposed to any cost cutting measures
relative to range safely that endangers the general public, launch site personnel, and foreign land masses.
Section 2. The City Council strongly urges the National Research Council's Committee on Space Launch
Range Safety to retain an upgraded range safety system that enables engineers to destroy errant rockets before they
endanger populated areas.
Section 3. The City Clerk is directed to provide a copy of this resolution to the Space Coast League of
Cities, the Florida League Cities, Governor Jeb Bush, Lieutenant Governor Frank Brogan, U.S Senators Connie
Mack and Bob Graham, and U.S. Representative Dave Weldon.
Section 4. This shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 8th day of June, 1999
(Signature)
Larry D. Bartley, Mayor
ATTEST:
(Signature)
Karen J. Roungsavall, City Clerk
MEMORANDUM
DATE: JULY 29, 1999
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
CITY EMPLOYEES
ADVISORY BOARDS
FROM: BENNETT C. BOUCHER
CITY MANAGER
SUBJECT: CITY MANAGER'S REPORT
The following is an update of city activities:
• The Planing & Zoning Board recommended approval of the C-2 administrative rezoning.
This will be on a future council agenda after notice requirements are complete.
• The Commercial Development Board has completed a rewrite/update of the 1995
Redevelopment Plan, which will be presented to the City Council in September for approval.
• The Recreation Board, in coordination with the recreation director, will apply for a Florida
Development Assistance Program (FRDAP) grant for ballpark improvements; deadline is 09-
30-99.
• The public works director has submitted a Florida Inland Navigation District (FIND) grant
for the Manatee Park boardwalk.
• Building Department staff will be working with Planning Solutions, Inc. on Tasks 1 and 2 of
reformatting our land development code to a new community design standard format.
• The public works director and his staff have completed a draft FDOT local agency program
certification package for the $225,000 SR A1A landscaping project. Package was sent to
FDOT for review and comment before final submittal.
Honorable Mayor, et al
Page Two
July 29, 1999
• The city, in conjunction with the Sheriff's Department, purchased an electric vehicle with a
state grant. The vehicle is currently being outfitted by the Sheriff's Department and will be
patrolling our city streets in the near future.
• The City Council Budget Workshops are scheduled for August 9, 12 and 16th at 5:30 p.m.
in the City Hall Annex.
• The public works department let bids on the Phase III reuse extension project and the
construction of Tower Blvd. Bid opening is scheduled for 08-09-99.
• The City Council will consider suggestions for renaming Tower Blvd. Please forward your
street names to my office.
If you have any questions, please contact me anytime.
BCB:kmm