HomeMy WebLinkAboutAgenda Packet 12-07-1999City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
CITY OF 111 Polk Avenue, Cape Canaveral Florida
CAPE CANAVERAL
TUESDAY
December 7, 1999
7:00 P.M.
MINUTES
Call to Order:
Pledge of Allegiance:
Roll Call:
CONSIDERATIONS:
1. Motion to Approve: The City Council Regular Meeting Minutes for November 16, 1999.
2. Motion to Approve: Reclaimed Water Project Phase III (#2) Design Proposal, Tasks 1, 2
and 3 from SSA in the amount of $16,911, to be appropriated from the
1999-2000 Enterprise Capital Improvement Account.
3. Motion to Approve: Retaining Attorney, Michael Roper to continue representation of the
City versus Ernest Szapor.
4. Motion to Approve: Addendum to Garbage Collection and Recycling Services Agreement)
RESOLUTION:
5. Motion to Adopt: Resolution No. 9943, City Attorney Annual Contract Renewal
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING THE ANNUAL RENEWAL OF THE LEGAL SERVICES CONTRACT WITH
THE LAW FIRM OF AMARI & THERIAC, P.A., BY AND THROUGH KOHN BENNETT AS A
MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCES - SECOND READING:
6. Motion to Approve: Ordinance No. 13-99, Comprehensive Land Use Policy Change,
Siting and Collocation of Public Schools with other public facilities
in the City.
105 Polk Avenue: Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 • FAX (407) 799-3170 9 http://fcn.state.fl.us/cape/
City Council Regular Meeting Agenda
December 7, 1999
Page 2
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND
ADOPTING A COMPREHENSIVE PLAN AMENDMENT AS PROVIDED IN
FLORIDA STATUTES SECTION 163.3177(6)(a), WHICH SHALL AMEND THE
COMPREHENSIVE FUTURE LAND USE ELEMENT TO PROVIDE THE
ENCOURAGEMENT OF SITING AND COLLOCATION OF PUBLIC SCHOOLS
WITH OTHER PUBLIC FACILITIES IN THE CITY; PROVIDING FOR AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
7. Motion to Approve: Ordinance No. 15-99, 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
District) to C-2 (Commercial/Manufacturing District)
DISCUSSION:
8.Renaming Tower Boulevard
REPORTS:
9.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.
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
November 16, 1999
7:00 P.M.
MINUTES
Call to Order:
Pledge of Allegiance:
Roll Call: Council Members Present Council Member -Elect
Richard Treverton Larry Weber
Tony Hernandez
Burt Bruns
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
City Treasurer, Andrea Bowers
Building Inspector, Morris Reid
CONSIDERATIONS:
1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the City
Council Regular Meeting Minutes for October 19, 1999 and Regular Meeting
Minutes for November 4, 1999 certifying the November 2, 1999 election results.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns, Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
2. Commendation Presentation to Council Member Tony Hernandez by Mayor Randels.
//cape-nt\cityclerklcityclk\minutes\regular\1999\ I 1-16-99. doc
City Council Regular Meeting Minutes
November 16, 1999
Page 2
OATH OF OFFICE:
City Attorney, Kohn Bennett administered the oath of office to Council Member Buzz
Petsos.
City Attorney, Kohn Bennett administered the oath of office to Council Member Larry
Weber.
The meeting recessed at 7:15 p.m. and reconvened at 7:18 p.m.
NEW BUSINESS:
RESOLUTIONS:
3. Mayor Randels read Resolution No. 99-40 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ELECTING A MAYOR PRO TEM.
A motion was made by Mayor Randels and seconded by Mr. Bruns to approve
Resolution No. 99-40, inserting the name Buzz Petsos as Mayor Pro Tem.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
4. Mayor Randels read Resolution No. 99-41 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Weber to approve Resolution
No. 99-41, inserting the name, Mary Jo Laws.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
5. Mayor Randels read Resolution No. 99-42 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
City Council Regular Meeting Minutes
November 16, 1999
Page 3
A motion was made by Mr. Treverton and seconded by Mr. Petsos to approve
Resolution No. 99-41, inserting the name, Jackie Coates.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
ORDINANCES - FIRST READING:
6. Mayor Randels read Ordinance No. 13-99 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH AND
ADOPTING A COMPREHENSIVE PLAN AMENDMENT AS PROVIDED IN
FLORIDA STATUTES SECTION 163.3177(6)(a), WHICH SHALL AMEND THE
COMPREHENSIVE FUTURE LAND USE ELEMENT TO PROVIDE THE
ENCOURAGEMENT OF SITING AND COLLOCATION OF PUBLIC SCHOOLS
WITH OTHER PUBLIC FACILITIES IN THE CITY; PROVIDING FOR AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Mr. Petsos to approve
Ordinance No. 13-99 for second reading.
Mayor Randels explained that the City is adopted this ordinance as ordered by the
Florida Department of Community Affairs. Mr. Petsos expressed concern that
schools do not allow the school playgrounds after hours. He requested that a letter
requesting the open hours be sent to DCA and the County.
Mr. Treverton, page 3, concerned that vocational schools are allowed only in M-1
districts. City Attorney stated that this section is currently part of our Comprehensive
Plan. This issue should be addressed with the next Comprehensive Plan
Amendment.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
City Council Regular Meeting Minutes
November 16, 1999
Page 4
7. Mayor Randels read Ordinance No. 15-99 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, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN
PROPERTY FROM THE CLASSIFICATION OF M-1 (LIGHT INDUSTRIAL) TO C-2
(COMMERCIAL/MANUFACTURING) AS DESCRIBED IN EXHIBIT "A"; 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. Weber to approve
Ordinance No. 15-99 for second reading.
Mr. Jim Morris, representative for the applicant was present and clarified that M-1
zoning surrounds the property. Mr. Bruns queried about the location of Time Warner
relative to the property. There is a 6,000 sq. ft. building on the property. Mr. Bennett
noted for the record that this property is already listed as C-2 on the Future Land
Use Map.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
ORDINANCE - SECOND READING:
8. Mayor Randels read Ordinance No. 14-99 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, SECTION 110-551, LOCATION OF RECREATIONAL
VEHICLES, CAMPING EQUIPMENT, BOATS AND BOAT TRAILERS, BY PROVIDING
PARKING IN MULTIFAMILY DISTRICTS OF BOATS, UTILITY TRAILERS,
RECREATIONAL VEHICLES OR SPECIAL PURPOSE VEHICLES IN SPECIAL PARKING
FACILITIES, IF ALLOWED; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES
IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance
No. 14-99 at second reading.
There was no public comment.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
City Council Regular Meeting Minutes
November 16, 1999
Page 5
CONSIDERATIONS:
9. Cooperative Purchase of twelve (12) Self -Contained Breathing Apparatus
Fire Chief David Sargeant demonstrated the old and new equipment. Some of the
older equipment is 25 years old. It requires approximately $6,000 annually to maintain.
However, these air packs are no longer in conformity with legal requirements. The City
and Port will purchase twelve units each. Two have already been purchased.
A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the
Cooperative Purchase of twelve (12) Self -Contained Breathing Apparatus in the
amount of $51,636.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
10.199912000 Law Enforcement Contract
Mayor Randels explained that Major McGee answered the questions he had in regard
to personnel and other issues. Larry page 6, paragraph D — queried what the funds
are? It was explained that they are forfeiture funds.
Mr. Treverton queried why the statement has to be inserted requiring that funds
received must be spent by September 30. Mr. Bennett suggested that it might be
possible to reduce the amount of the contract by that amount. Major McGee explained
that he requested the Sheriff to allocate these funds and would not be wise to
readdress the issue. Mr. Treverton queried why the clause regarding catastrophic
events is included. Possibly it could be changed to address vehicles that are not a
portion of the current fleet. Mr. Boucher explained that it is to provide for
reimbursement for FEMA funds. This clause is included in the Fire Contract. Mr.
Bennett explained that the forfeiture funds must be placed in a trust fund and used for
specific expenditures. They may not be allowed to defray regular operating expenses.
Therefore, the contract amount cannot be reduced.
Mr. Bruns related that he also road with Deputies and commended them for their
service performed.
A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the
1999/2000 Law Enforcement Contract in the amount of $1,329,725.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
11. Employee Christmas Bonuses
City Council Regular Meeting Minutes
November 16, 1999
Page 6
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
Employee Christmas Bonuses.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
12. Hurricane Floyd Expenditures
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
Hurricane Floyd Expenditures.
Mr. Petsos expressed concern that billing for City equipment is double taxation. Ms.
Bowers explained that the equipment listed were above beyond the daily operational
use. Mr. Gardulski further explained that the billing is based on a schedule provided by
FEMA. It is simply for wear and tear according to the schedule. Mr. Sargeant
explained why the use is beyond the normal use. He illustrated last year's fires as an
example of the intense use in the event of a catastrophe.
Mr. Treverton commended City Treasurer Andrea Bowers for her efforts in compiling
the FEMA reimbursement forms.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
13. Request for Building Permit Extension
A motion was made by Mr. Petsos and seconded by Mr. Weber to approve the
Request for Building Permit Extension, Permit #98-00186, Kelseys, 8699 Astronaut
Boulevard.
Building Inspector, Morris Reid confirmed that construction is progressing.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
14. Outdoor Entertainment Permit
A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve the
Outdoor Entertainment Permit for 4th Annual Reindeer Run/Walk for United Way of
Brevard County.
Ms. Kim McIntire was commended for her efforts. Mr. Weber explained that there are
excellent prizes for the winner.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
City Council Regular Meeting Minutes
November 16, 1999
Page 7
15. Proposal from Brevard County to construct the east -west section of Tower
Boulevard in the amount of $81,387 earmarked from the Brevard County
Transportation Impact Fee program
Mr. Boucher explained that the bid was let and no bids were submitted.The County
proposal was less than the Engineer's estimate. Further, impact fees from the County
will be available.
A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the
Proposal from Brevard County to construct the east -west section of Tower Boulevard
in the amount of $81,387 earmarked from the Brevard County Transportation Impact
Fee program.
Mr. Petsos expressed concern that the City was committed to this project, not
approved by Council approximately ten years ago. He reiterated that this type mistake
must not be repeated. Mr. Tezel commented that it is questionable that it is
appropriate for the City to build this road because it was a requirement that the
property owners had to pave their roads. At that time, there was no question that
roads are not constructed unless the adjacent property owners fund the construction.
Mr. Treverton suggested that Tower Boulevard be renamed. Council concurred to
place the issue on the next agenda. He recommended naming the street in
conjunction with the Manatee Sanctuary Park. Mayor Randels explained that the
property owners would be notified for their input. Mr. Hans Saurenmann suggested
that the Sister Cities be considered.
Mr. George Firkins thanked Council for their diligence in getting the construction
approved.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
16. West Central Boulevard — Baffle Box Project
Mr. John Pekar explained that this project is being financed by a matching grant for
SJRWMD. The baffler box has been determined to be best installed at West Central
on the southeast side of the bridge. He explained that the estimate for the box is
$20,000. He related that the location is excellent because it will make a visible
difference. Saving may be further realized by contracting with the County to install the
box.
Mr. Bruns queried if this is a step in the right direction toward the City's Stormwater
Master Plan? Mr. Pekar affirmed that it would definitely be an asset to the plan. Mr.
Bruns queried when SSA would be prepared with the Stormwater Master Plan report.
Mr. Pekar responded that it would be read for the December 21, 1999 agenda.
City Council Regular Meeting Minutes
November 16, 1999
Page 8
Mr. Gardulski recommended approval of this project.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the West
Central Boulevard — Baffle Box Project.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
17. Proposal for Contract Administration and Inspection Services for Reclaimed
Water Phase III — (#1)
Mr. Gardulski explained that SSA has done this job previously and does a good job.
He related that the proposal rates are below contract rates currently between the City
and SSA. The work will be performed on an hourly rate basis. It will be according to
staff hours.
Mayor Randels and Mr. Petsos expressed concern with having to provide for
inspection services. Mr. Pekar related that the inspections are being performed during
selective critical times, including as -built drawings. Mr. Petsos clarified that there will
be no road cuts during this project.
A motion was made by Mr. Treverton and seconded by Mr. Weber to approve the
Proposal for Contract Administration and Inspection Services for Reclaimed Water
Phase III — (#1), to SSA in the amount of $20,402.
The motion passed 4-1, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, Against; and Mayor Randels, For.
18. Reclaimed Water Phase III — (#2) Design Proposal
Mr. Gardulski explained that there is a tremendous demand for the reclaimed water.
This is a new project design. Mayor Randels reported that Ocean Oaks and Royal
Mansions are requesting reclaimed water. Mr. Gardulski responded that they could be
added to this project. Mr. Bruns queried if Ocean Woods has responded to the
opportunity. Mr. Gardulski responded that they do not desire to take advantage of the
reclaimed water. Mr. Bruns suggested that in the future, they should be required to
pay notification.
Mr. Treverton queried why the previous charge for design work was so much less
expensive. He requested that the proposal be more in line. Mr. Pekar stated that SSA
lost money on the previous proposal and it was a quality design.
A motion was made by Mr. Treverton and seconded by Mr. Petsos to table the
Reclaimed Water Phase III — (#2) Design Proposal from SSA.
City Council Regular Meeting Minutes
November 16, 1999
Page 9
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
19.Florida Communities Trust — Conceptual Agreement, Cherie Down North Park
Grant
Mr. Boucher explained that the City was awarded the grant. He reported that the
current option on this property expires on December 10, 1999.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Florida
Communities Trust — Conceptual Agreement, Cherie Down North Park Grant,
assigning the City Manager as contact person.
Mr. Bruns queried how the City can ensure the purchase if the grant funding is
inadequate? Mr. Boucher explained that there is a mechanism of asking for additional
funding if this request is insufficient.
The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For;
Mr. Bruns, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
REPORTS:
20. City Manager — Bennett Boucher
• Mr. Boucher presented Mayor Randels the Kloten, Switzerland a proclamation
received on his trip to Kloten. Mayor Randels commended Mr. Hans Saurenmann
for his involvement and accomplishments in acquiring school tuitions and student
exchange programs. Mr. Boucher explained that there would be a Swiss astronaut
on the December 6, 1999 shuttle launch. Mr. Saurenmann reported on the various
dignitaries who will be attending the launch. He requested that they be received in
a similar manner to the City Manager's when he visited Switzerland.
Mr. Petsos requested that the City take advantage of the State's Sister City
funding program.
FPL is scheduled to start installing the concrete poles. Poles marked for
replacement are designated with red paint. Sandy Sanderson communicated to
Mr. Petsos that he would be involved in a beautification effort for the poles. Mayor
Randels stated that the concrete poles would not be placed on corners of
intersections.
• Workshops for City Hall and the Stormwater Master Plan and the Wastewater five-
year plan. Consensus was to schedule the City Hall workshop for December 15,
1999 at 4:00 p.m. Sheriffs Department will be included in discussions. The
Wastewater Five -Year Plan will be scheduled for the first part of January.
• Planning Solutions' evaluation on the Land Development Regulations has been
distributed to Council. Mr. Boucher requested that Planning and Zoning have an
City Council Regular Meeting Minutes
November 16, 1999
Page 10
opportunity to review the evaluation. Mr. Boucher explained that the sign issue
must be incorporated with beautification and the other elements because it could
thwart property owner cooperation if not packaged together. Mr. Bruns explained
that he wants the City to demonstrate to the County what the City intends to
develop with signs.
City Attorney's contract will be placed on the next agenda.
AUDIENCE TO BE HEARD:
• Mr. Pekar, meeting 11/18 at the County Commission Chambers in Viera regarding the
lagoon strategies and grants by water management representatives
• 12/3 Florida Utilities Stormwater Management Conference
• Mr. Nicholas queried why the library does not have storm shutters. Mr. Boucher
explained that the County did not submit for the mitigation grant. Commissioner
Carlson is on the mitigation committee and he expects that she will intervene for a
countywide grant. He reported that film would cost approximately $7,000. Mr.
Nicholas concurred that film is the most effective method.
• Mr. Pekar related that the RKT contractors are working on the Port Interchange. He
will provide telephone numbers for related concerns. Mr. Petsos requested that RKT
be invited to make a presentation on their plans.
City Clerk —Sandra Sims
No report.
City Attorney — Kohn Bennett
o His firm is representing Casselberry and Winter Springs in a lawsuit where the
adult entertainment industry is pursuing the Burt Harris Property Rights Act
(causing potential property devaluing).
Council Member — Larry Weber
o Proposed traveling every street with department heads. Mr. Bennett suggested a
session with Mr. Weber on sunshine laws.
Council Member — Richard Treverton
• No report.
Council Member Bruns
• Mr. Bruns queried about the permanent live Christmas tree to be planted.
Mayor Pro Tem Petsos
• Street light outages, especially in the south portion of the city.
City Council Regular Meeting Minutes
November 16, 1999
Page 11
• Are we applying for reuse grants this year? Mr. Gardulski responded, yes for phase IV
reclaimed water and east side of Al reclaimed water, and a plant stormwater
pilot system. The City is working with the Port for a reclaimed water storage tank.
• The school crossing light needs to be placed back overhead. Mr. Gardulski responded
that the meeting is tomorrow at 9:00 and he is trying to get FDOT approval for a
pedestrian walk. Mayor Randels related that he would approach the state to lower
the speed zone to 35 again, especially in light of the interchange construction.
• Now that the interchange is under construction, the trees should be scheduled for
removal at the North City Entrance Sign.
• Residents on Atlantic have requested a no truck traffic zone at night. Mr. Gardulski will
mention to the County at tomorrow's safety meeting.
Mayor - Rocky Randels
• No report.
There being no further business the meeting adjourned at 10:00 P.M.
Rocky Randels, MAYOR
Sandra Sims, CITY CLERK
Meeting Type: Regular
Meeting Date: 12-07-99
AGENDA
Heading
Considerations
Item
2
No.
Staff recommends approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RECLAIMED WATER PROJECT PHASE III (#2) DESIGN PROPOSAL
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
City Council consider the proposal from SSA to design Phase III (#2) in the amount not to exceed $16,911 as
recommended by the public works director.
Summary Explanation & Background:
As requested by the city council. Our public works director reworked the proposal with SSA that resulted in a
reduction of $1,584 from the original proposal.
Staff recommends approval.
Exhibits Attached:
Public works director's memo of 12-01-99; SSA proposal of 12-01-99
City Manager's Office
(Signature)
Department WATER RECLAMATION/PUBLIC
WORKS
g:/admin/council/meeting 1999/12-07/99/ssa.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski EG
Public Works Director
DATE: December 1, 1999
SUBJECT: City Council Agenda Item for December 7, 1999
Reclaimed Water Phase III Extension Design, Additions, (part 2)
As a requirement of the City's Wastewater Treatment Permit requirement, the City of
Cape Canaveral is to construct a reclaimed water distribution system. The Operation Permit
outlined four (4) Phases of construction. Three of these phases have been substantially
completed. City is on schedule as required by our DEP Operating Permit.
On October 5 1999, City Council awarded Bid 99-03 to construct the Reclaimed Water
Phase III Extension. Due to a high public demand for reclaimed water services to additional
areas, the City of Cape Canaveral requested additional design to extend its services. The City has
received 35 applications for this area. This area has a total of 120 additional potential customers.
Attached is the proposal from SSA and a City of Cape Canaveral Map depicting the additional
locations. This project will extend the City's system an additional 5,950 feet.
Recommend the approval of the Reclaimed Water Phase III Extension additional Design
Proposal, Tasks 1,2, & 3, from SSA in the amount of $16,911. Funds have been budgeted in the
1999-2000 Enterprise Capital Improvement Account.
Attachment
CC: File
DEC -01-99 04:30 PM CAPE CANAVERAL PW 407 799 4980 P. 01
City of CapCanaveral
OCEAN WOODS AREA
Streets
December 1, 1999
Mr. Bennett C. Boucher SSA
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
RE: SSA Revised Fee Proposal for Reclaimed Water Lines - Phase III Extension Designs
Dear Ben:
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to
present our revised engineering/survey fee proposal for additional extension designs of Cape Canaveral's
reclaimed water (Phase III). In general, the design work will include the following streets:
• Adams - Approximately 2400 I.f. from Poinsetta Ave to beach end
• Jefferson - Approximately 2300 I.f. from Poinsetta Ave to beach end
• Harrison - Approximately 500 I.f. from Magnolia Ave to Ridgewood
• Holman - Approximately 250 I.f. from Holman south to Costa Del Sol
• Ridgewood - Approximately 500 I.f. from Central Blvd. north to existing Condominium
Total extensions - 5,950± I.f.
SSA plans for these reclaimed water service extensions will incorporate directional drilling with similar
designs as previously submitted on past SSA extension drawings.
SSA will incorporate the following survey criteria into our work:
• To begin the street surveys, both SSA's Chief Surveyor and Designer will ride all streets with
the Public Works Team to review potential obstructions.
• Utilities will be located after "Sunshine One" marks lines in the field. This information will be
incorporated into the construction drawings.
• The City will supply rights-of-way data for the Ridgewood Avenue extension segments.
Based on the above, our specific Scope of Services includes the following:
SSA SCOPE OF SERVICES
Task 1 - SSA will perform field surveys to locate potential obstructions along the above streets.
Task 2 - Upon receipt of field data SSA will prepare base drawings showing roadway segments and
measured obstructions (horizontal).
Task 3 - Reclaimed water line location designs will be prepared for final construction drawings. SSA's
construction drawings will include both construction typical sections and construction notes for the
work. Four (4) copies of the plans which reflect proposed horizontal locations of the reclaimed
water lines will be furnished to the City as a part of this service.
Task 4 - SSA will support the City with the amended bid process including attendance at the pre-bid
meeting and will also attend the pre -construction meeting.
SCHEDULES AND FEES
Schedules: Upon receipt of written authorization to proceed SSA will begin work immediately.
Approximately 46 working days are estimated to complete the drawings. Schedule areas of concern
STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC.
8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407-783-1320 Fax 407-783-7065
Lic. #AAC000329 #EB0000762 #LB0006700
d:/civil/projects/proposa/p-boucher monroe to city limils.doc
Mr. Bennett Boucher
December 1, 1999 SSA Revised Fee Proposal
Page 2 Reclaimed Water - Phase Ill Extension Designs
include "Sunshine One" marking of utilities, Ridgewood rights-of-way and any City reviews or public
workshops.
Fees: SSA's fee for this work (Tasks 1 - 4 above), will be a lump sum of $19,131.00. Print costs, other
than the four (4) sets, will be billed to the City, at SSA's cost plus a 15% mark-up. Fees will be billed
monthly based on a percentage of work completed and payment will be due within fifteen (15) days of
receipt.
Additional work authorized in writing by the City that is not specifically included in this proposal, such as
follow-up coordination work with land owners, additional City meetings, etc., will be deemed as additional
services upon City's written authorization to proceed and will be billed at SSA's standard hourly rates or
negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional
printing will be billed with a fifteen percent (15%) mark-up.
Compensation rates are based on ordinances, regulations and procedures in force on the execution date
of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant
modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for
the compensation due to the Consultant for the work involved.
It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering
professional services on this project shall be limited to a maximum of the net fee received by SSA, not
including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it
become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all
costs of such collections including Attorney's fees.
The City and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns, and legal
representatives of such other party with respect to all covenants to this Agreement. Neither the City nor
SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the
other.
The terms and conditions of this proposal are effective through January 14, 2000. Acceptance after this
date may necessitate increased fees or altered conditions.
Ben, your authorization of this proposal can be accomplished by the appropriate City signature below and
our receipt of a signed copy. SSA is looking forward to working with the City on this project in Cape
Canaveral. Thanks.
Sincerely, ACCEPTANCE:
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
[John A. Pekar]
John A. Pekar, PE
Vice President
JAP:jls
cc: Ed Gardulski
Public Works Director
d:/civil/projects/proposal/p-boucher monroe to city limits.doc
BY:
TITLE:
DATE:
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Meeting Type: Regular
Meeting Date: 12-07-99
AGENDA
Heading
Considerations
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RETAIN SPECIAL LITIGATION COUNSEL
DEPT./DIVISION: LEGAL
Requested Action:
City Council consider retaining Attorney Michael Roper to continue his representation of the City vs. Ernest
Szapor.
Summary Explanation & Background:
This litigation has been going on for several months and the remaining issue as noted in the league of cities
correspondence is not covered by our insurance policy.
Additionally, Attorney Theriac is a witness for the City in this case; therefore, Attorney Bennett has a conflict.
I have requested that Attorney Roper give you a brief summary of what has transpired and answer'' any
questions you may have.
I recommend approval based on the rates outlined by Attorney Roper.
Exhibits Attached:
Roper letter of 09-30-99; League letter of 09-22-99
City Manager's Office
[Signature]
Department LEGAL
g:/admin/council/meeting/1999/12-07-99/litigation.doc
BELL, LEEPER & ROPER, P.A.
ATTORNEYS AT LAW
135 West Central Boulevard
Suite 700
Orlando, Florida 32801
MAILING ADDRESS:
POST OFFICE BOX 3669
ORLANDO, FLORIDA 32802
TELEPHONE (407Z0 843-1661
TELEFAX (407) 423-0374
EMAIL:blr@mpinet.net
MICHAEL M. BELL
MICHAEL H. BOWLING
MARY GRACE DYLESKI**
SUITE 700
ORLANDO, FLORIDA 32802
ERNESTH. KOHLMYER, III*
ORLANDO, FLORIDA 32801
CYNTHIA D. LALLY
ANDREW J. LEEPER*
MICHAEL J. ROPER
MEDICAL CONSULTANT
MARCIAOCHINERO September 30, 1999
RN BSN CPN
*ALSO ADMITTED TO THE GEORGIA BAR
- ALSO ADMITTED TO THE SOUTH CAROLINA BAR
ATTORNEY-CLIENT WORK PRODUCT MATERIAL
NOT PUBLIC RECORD - CONFIDENTIAL
Mr. Bennett C. Boucher
City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, FL 32920
Re: Ernest Szapor v. City of Cape Canaveral
Date/Loss: 04-01-92
Dear Mr. Boucher:
I am in receipt of a copy of Crosby Coleman's letter dated
September 22, 1999, addressed to you regarding the FMIT's'
withdrawal of the defense of the City of Cape Canaveral in this.
litigation. Please let me know whether the City of Cape Canaveral
wishes to retain our firm to continue their representation in this
matter, or whether the City wishes to retain separate counsel to
substitute for our firm in this case. Our standard hourly fees for
this type of litigation is as follows:
Partner:
$120.00
Associate:
105.00
Paralegal
65.00
Further, it is our standard practice to provide an itemized
bill to the client on a quarterly basis.
If you have any further questions or if I can be of
assistance, please do not hesitate to give me a call and I look
forward to hearing from you at your earliest convenience.
Sincerely,
[Micheal J. Roper]
Micheal J. Roper
MJR/kc
FLORIDA LEAGUE OF CITIES, INC.
PUBLIC RISK SERVICES
❑ Administration/
Marketing
Fax 407-425-9378
❑ Risk Control
Fax 407-245-0915
❑ Underwriting
Property & Casually
Fax 407--317-7181
Health
Fax 407-999-5531
Post Office Box 530065
135 East Colonia Drive
Orlando, FL 32853-0065
800-445-6248
407-425-9142
Suncom 344-0725
Dear Mr. Boucher:
❑Health Claims
Post Office Box 538140
Orlando, FL 32853-8140
800-756-3042
407-245-0725
Suncom 344-0725
Fax 407-425-6439
❑ Workers'
Compsensation Claims
Post Office Box 538135
Orlando, FL 32853-8135
800-756-3042
407-245-0725
Suncom 344-0725
Fax 407-425-0918
Property &
Liability Claims
Post Office Box 538135
Orlando, FL 32853-8135
800-756-3042
407-245-0725
Suncom 344-0725
Claims
Fax 407-425-9378
Litigation
Fax 407-317-7015
September 22, 1999
Mr. Bennett Boucher, City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: OUR MEMEBER: CITY OF CAPE CANAVERAL
CLAIM NUMBER: G920652
PLAINTIFF: ERNEST SZAPOR
Dear Mr. Boucher:
This is confirm our recent conversation regarding the above captioned case.
As discussed, defense counsel recently attended a hearing before Judge Kahn
on the Defendant's Motion for Summary Judgement as to Count I of the
Complaint entitled "Tortuous Interference With a Business Relationship". The
Motion for Summmary Judgement was granted, and the basis for the courts
decision was that the plainiff had failed to provide the City of Cape Canaveral
with proper written notice of his claim within three years of the accrual of his
cause of action, as required by 768.28, FL. Stat.
Unfortunely, the courts denied the Motion for Summary Judgement as to
Count II, which asserts a claim for inverse condemnation which is not covered
by the policy. Please refer to your Agreement specifically Section-Exclusions
Paragraph Q. Which reads as follows:
This Coverage Agreement does not apply:
Q. to any liability arising out of or in any way connected with the
operation of the principles of eminent domain, condermnation
proceedings, or inverse condemnation, by whatever named
called, including but not limited to, claims arising out of
federal, state or local land use, environmental, air, or water
pollution, or health, safety and welfare laws, ordinances or
regulations, or activities by or on behalf of a member which
result in permanent or temporary loss of use or value of
Florida Municipal Insurance Trust
Mr. Bennett Boucher, City Manager
Florida League of Cities
September 22, 1999
Page 2
property, whether such
liability accrues directly against the
member, or by virtue of
any agreement entered into by or on
behalf of the member;
Based on the recent developments, the Florida Municipal Insurance Trust has no
choice but to withdraw from the defense of the City of Cape Canaveral relative to
this litigation. However, we are more than willing to work with you on an orderly
transition from the fund assuming the responsibilities for the fees and costs of Mr.
Roper's office and those being assumed by the City. By copy of this letter to
defense counsel Michael J. Roper, Esquire, we will be withdrawing from the defense
of this matter effective 30 days from the date of this letter.
If you have any questions or wish to further discuss this matter, please do not
hesitate to contact the undersigned at 1-800-756-3042.
Sincerely Yours,
[Crosby Coleman]
Crosby Coleman, AIC
Claims Manager of Property & Casualty
cc/kk
cc: Michael J. Roper, Esquire
boucher3.doc
Meeting Type: Regular
Meeting Date: 12/7/99
AGENDA
Heading
Consideration
Item
4
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ADDENDUM TO GARBAGE COLLECTION AND RECYCLING SERVICES AGREEMENT
DEPT./DIVISION: Legislative
Requested Action:
City Council consider amending the Garbage Collection and Recycling Services Agreement as requested by
Harris Sanitation, Inc.
Summary Explanation & Background:
The attached correspondence outlines the reasons for the amendment.
Summarized as follows:
o Changes the adjustment rate period from 12/21/01 to 6/30/02 —rates will remain as they are until
o Reduces additional rear door pickup charge from $3 to $2
o Removes the Thanksgiving and Christmas Day pick-ups, adds public notice language.
Please advise.
Exhibits Attached:
WM correspondence/Addendum # 1
City Manager's Office
[Signature]
Department
\\cape-nt\cityclerk\cityclk\agenda\regular\1999\cm agenda report garbage collection agreement.doc
990045-0802
DISTRIBUTION
Mayor X
City Council X
City Mgr. X
City Atty. X
Pub. Works Dir.
Building Off.
Finance Dir.
HARRIS SANITATION, INC.
A WASTE MANAGEMENT COMPANY
P. O. Box 120189
7382 Talona Drive (32S
West Melbourne, FL 32
(407) 723-4455
(407) 984-8170 Fax
WM
July 28, 1999
Mr. Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Dear Mr. Boucher:
With the completion of the merger between U.S.A. Waste and Waste Management,
D.B.A. Harris Sanitation in Brevard County, our Corporate Legal Department has a
campaign to consolidate Division names across the United States. As you are aware
your current contract with U.S.A. Waste is under the entity of Western Waste, which
was acquired by U.S.A. Waste several years ago.
Just recently the City of Cocoa Contract was renewed with our Company under the
name of Harris Sanitation, Inc. Prior to its renewal the Contract had the same entity
as the City of Cape Canaveral Contract. Nothing has really changed except the name on
the Contract. I am asking the City and Council to do a revision on our solid waste
contract to change the legal entity to Harris Sanitation, Inc.
On another issue requiring Council approval, I am requesting a revision to thel
portion of the Contract titled Collector's Obligations Section 5A. This section'
states that during holiday weeks makeup days are required. When our Contract was 1,
renewed with Brevard County last year all the holidays except Thanksgiving and !i
Christmas were eliminated. The County Landfill will now work New Years Day, 4th of
July, and Labor Day as normal workdays. This was done to provide better service to,
our customers and to eliminate the confusion and phone calls that holidays usually''
generate.
In reality makeup days provide service to only a small percentage of people at,
a high cost. It would be greatly appreciated if the City would change the wording in',
Section 5A of our Contract to the wording in the County Contract. This would also
accustom the residents to a more normal service schedule throughout the year.
If the holiday schedule change were approved by Council only Thanksgiving and',
in certain years, Christmas would be affected. We will place an ad in the Florida]
Today newspaper to notify residents when these holiday schedule changes occur. Noi
interruption to commercial dumpster service will take place because of the difference]
in scheduling.
I look forward to hearing from you on the revisions I'm requesting.
Sincerely,
Peter Jurgel
General Manager
PJ/pb
BBoucher.doc
CITY OF CAPE CANAVERAL
AGREEMENT FOR
GARBAGE COLLECTION AND RECYCLING SERVICES
ADDENDUM #1
This Addendum #1 is made and entered into as of the day of
December, 1999, by and between the City of Cape Canaveral; a duly organized -mu
corporation, (the "City") and Waste Management d.b.a. Harris Sanitation, Inc. (the
"Collector").
WHEREAS, in an agreement dated November 18, 1997, ("Agreement") the City awarded
the collector an exclusive solid waste and recycling agreement; and
WHEREAS, the City and the collector agree to amend said agreement to eliminate
holiday make-up collection days and modify the rear door rates; and
WHEREAS, the City and the collector agree to extend the rate adjustment period from
January 1, 2002 to July 1, 2002, and
WHEREAS, the City approves of the corporate name change to Waste Management
d.b.a. Harris Sanitation, Inc. due to a recent merger; and
NOW, THEREFORE; for good and valuable consideration the parties agree to
Addendum #1 as
follows:
1) Adjustment Rate: Paragraph (4) of the agreement is amended to read as follows:
The rates set forth in paragraph 3 shall remain unchanged until ;ehom2001, June
30, 2002. On 3anu , July 1, 2002 and on 3anuary July 1 of each year thereafter, the
rates shall be adjusted based upon a 15% reduction in any annual increase in the
Consumer Price Index (the "CPI) for all Urban Consumers, unadjusted (U.S. City
Average: all items) issued monthly by the U.S. Department of Labor, using the years
1982-1984 as a base of 100. On januaFy July 1 of each year, beginning on 3aaua July 1,
2002, the rates shall be adjusted by multiplying the rates then in existence by a fraction,
the numerator of which shall be the Index Number for all items, all Urban Consumers, as
set forth in the CPI for the month of September of that year and the denominator of which
is the Index Number for al items, all Urban consumers Price Index for the prior
September. In no event will the rates decline, but if the CPI increases, then the CPI factor
shall be reduced by 15% before applied to increase the rates. In the event that the
Department of Labor no longer publishes the CPI, or if there is a significant change to the
method of computing the CPI, the parties will agree on a new formula similar to the
existing CPJ formula. The rates shall not increase by more than 5% per year (any
increase for Workers Compensation insurance as described below will not cause the rates
to increase by more than 5% per year), but if the CPI (as described) increases by more
than 5%, then any increases over 5% shall carry over to the next year and be added to the
CPI percentage for the next year.
The monthly collection rates shall also be adjusted based upon any increase or decrease
in the standard Workers Compensation Insurance rates applicable to the Collector
without experience modification based on actual payroll in the month following the
change. The Collector may request an increase in rates in the event of an extraordinary
expense or occurrence.
2) Collector's Obligations: Paragraph 5(A) Garbage Pick -Up is amended to read as
follows:
Garbage Pick L. Garbage and trash pick up shall occur twice weekly from all
locations unless specified otherwise. Pickup will be from the customer's curbside
location (curbside service) or pre -selected Dumpster locations. Rear door service shall be
provided at no extra charge for customers who have been designated handicapped by the
City. Rear door service will also be available at a standard additional charge—,—as
provided in Seetien 7 of Addendum 1, " of $2.00 per month for any locations one
hundred (100') feet or less from curbside. Any service in excess of one hundred (100')
feet from curbside will be charged at a rate to be negotiated between the Collector and the
customer.
The Collector is not required to collect garbage on the following specified holidays:
Thanksgiving Day and Christmas_ Day. The Collector shall notifv all customers whose
normal collection day falls upon such holidays that no collection service will be provided
on such day and the date of the next normal collection day at least five (5) days and not
more than thi11y(30) days prior to said holiday. Said notice shall be in the form of an
advertisement in a newspa er of general circulation published within the County. Qty
holidays, but the Collector will still be required to collect garbage twice each week
regardless of holidays and the household garbage will be picked up on the day after the
holiday.
3) Assignment: The City hereby agrees to the assignment of said agreement to Waste
Management d.b.a. Harris Sanitation, Inc.
4) Continuing Effect: Except as modified by this addendum, the agreement shall remain
in full force and effect.
In witness whereof, the undersigned City of Cape Canaveral, by its duly authorized
officers, has executed this instrument this day of December, 1999.
City of Cape Canaveral, Florida,
A Municipal Corporation
By:
ATTEST:
Rocky Randels, Mayor
Sandi Sims, City Clerk
In witness whereof, the undersigned Waste Management, d.b.a. Harris Sanitation, Inc.
By:
President
RESOLUTION NO. 99-43
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING THE ANNUAL RENEWAL OF
THE LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF
AMARI, THERIAC & EISENMENGER, P.A., BY AND THROUGH KOHN
BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL
SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. The City Council, by passage of this Resolution, hereby authorizes the
annual renewal of the Legal Services Contract with Amari, Theriac & Eisenmenger, P.A. dated
December 15, 1998, for the provision of Legal Services to the City of Cape Canaveral, Florida; a
copy of said Legal Services Contract is attached hereto and made part hereof by reference.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of
December 1999.
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
FOR AGAINST
Larry Weber
Richard Treverton
Burt Bruns
Buzz Petsos
Rocky Randels
\\Cape-nt\cityclerk\CityClk\Resolutions\CONTRACT\ATTYRNEW. DOC
LEGAL SERVICES CONTRACT
THIS AGREEMENT, dated this 7th day of December 1999, by and between the CITY
OF CAPE CANAVERAL, FLORIDA, a municipal corporation, hereinafter referred to as
"City," and the law firm of AMARI, THERIAC & EISENMENGER, P.A. ("Firm"), by and
through KOHN BENNETT, as a member of the Firm, hereinafter referred to as "City Attorney."
1. EMPLOYMENT. The city hereby employs the Firm and designated Kohn
Bennett, Esquire to provide legal services to the City from December 7th, 1999 until December
15, 2000, as City Attorney.
2. DEPUTY ATTORNEY. The City Attorney, upon approval and consent of the
City Council, may designate one or more Deputy city Attorneys to assist in the performance of
the duties hereinafter specified.
3. PERFORMANCE OF CONTRACT. The City Attorney shall attend all
meetings of the City Council; all Code Enforcement Board meetings; all Planning and Zoning
Board meetings; all Zoning Board of Adjustment meetings and Construction Board of
Adjustment meetings; or other City Board meetings as may be requested by the City Manager;
confer with the City Manager and designated staff as needed; draft and review all ordinances and
resolutions as well as all revisions of ordinances; review al contracts; be consulted or apprised as
to labor relations and contractual maters arising from same; and consult with respect to all
insurance matters.
Communications between the City and the City Attorney shall be conducted through the
City Manager. City Council Members may consult with the City Attorney as needed. Citizens of
the City are not authorized to contact the City Attorney regarding City business at any time. The
City shall be the priority client of the City Attorney, and the City Attorney shall give City
\\Cape-nt\cityclerk\CityClk\Resolutions\CONTRACT ATTYRNEW. DOC
business and problems priority over non -City matters. It is expressly understood that the City
Attorney shall avoid potential conflict of interest situations between the City and other clients,
and otherwise comply with the standards set forth for city attorneys in Chapter 112, Florida
Statutes.
4. COMPENSATION. All services performed by the City Attorney on behalf of
the City shall be compensated at an hourly rate as follows:
(a) Litigation activities, which shall be approved of in advance by the City
Council, shall be compensated at an hourly rate of $90.00 per hours, and
(b) All other services performed shall be compensated at $70.00 per hour.
The City Attorney shall provide detailed billing on the first of each month, and
payment shall be made within ten (10) days thereafter. The City Attorney and the Firm shall bill
only time spent on City related matters and will not bill the City for travel time of simple local
calls (non-research or opinion related calls) to City Officials.
The city may subcontract other specialties of law if the City Council so directs if
the Firm does not specialize in a certain area of law, or if the Firm has a conflict of interest in a
particular matter.
With respect to litigation, once the amount of $2,500.00 in attorney fees has been
expended in any one case, the City Attorney shall consult in closed session, per Florida Statute,
with the City Manager and City Council as to whether or not the City shall continue litigation or
settle the case. Prior to that time, the City Manager will be apprised of all activity in each
particular case and with the advice and consent of the City Council will review all actions to be
undertaken by the City Attorney on litigation cases. The City Attorney will provide the City
Council with quarterly written reports on the status of all litigation.
\\Cape-nt\c ityclerk\CityClk\Resolutions\CONTRACT\ATTYRNEW. DOC
5. BILLING. All detailed billing shall be completed on the first of each month, and
the City shall promptly process each bill within ten (10) calendar days.
6. COSTS. All costs incurred by the City Attorney on behalf of the City, such as
filing fees, deposition fees, long distance telephone charges, and other out-of-pocket expenses
shall be the responsibility of the City.
7. MODIFICATIONS. This Agreement shall be subject to modification at any
time upon written mutual consent of the parties thereto.
8. SEMINARS. The City Attorney agrees to provide, during the term of this
Contract, two (2) seminars to employees of the City at no additional consideration.
9. TERMS OF AGREEMENT. This Agreement is renewable on an annual basis
on the anniversary date of this Agreement. The Agreement may be terminated upon thirty (30)
days' notice by either party.
10. HOLD HARMLESS CLAUSE. The City, City Attorney, and the Firm each
indemnify and hold each other harmless from any and all manner of action and actions, cause and
causes of actions, suits, trespasses, judgments, executions, claims and demands and losses and
damages, costs and expenses of any kind whatsoever, including reasonable attorney's fees and
court costs which may be claimed by any third party to have resulted from or arise out of the
intentional or negligent acts of the employees, officers or agents of each other, whether occurring
before or after the City, City Attorney, and the firm assumed the obligations of this Agreement.
\\Cape-nt\ci tyclerk\CityClk\Resolutions\CONTRACTIATTYRNEW. DOC
ATTEST:
Sandra 0. Sims, CITY CLERK
WITNESSES:
WITNESSES:
CITY OF CAPE CANAVERAL
Rocky Randels, MAYOR
FIRM:
AMARI, THERIAC &
EISENMENGER,P.A.
ATTORNEY:
Kohn Bennett, CITY ATTORNEY
\\Cape-nt\ci tyclerk\CityClk\Resolutions\CONTRACTWTTYRNE W. DOC
Meeting Type: Regular
Meeting Date: 12-07-99
AGENDA
Heading
Ordinances - 2nd Reading
Item
No.
B6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 13-99, COMPREHENSIVE PLAN AMENDMENTS PROVIDING
SITING AND COLLOCATION OF SCHOOLS WITH PUBLIC FACILITIES
DEPT./DIVISION: P&Z/GRANTS MANAGEMENT
Requested Action:
City Council adopt Ordinance No. 13-99, amending the comprehensive plan that adds policies for the siting
and collocation of schools with public facilities.
Summary Explanation & Background:
The State of Florida, Department of Community Affairs, is requiring the city pursuant to state law to add
policies to our comprehensive plan that provide for the siting and collection of schools with public facilities.
I recommend approval.
Exhibits Attached:
Ordinance No. 13-99; DCA letter of 07/06/99
City Manager's Office
Department P&Z/GROWTH MGMT
g:/admin/council/meeting/1999/12-07-99/13-99. doc
ORDINANCE NO. 13-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING,
SETTING FORTH AND ADOPTING A COMPREHENSIVE PLAN
AMENDMENT AS PROVIDED IN FLORIDA STATUTES SECTION
163.3177(6)(x), WHICH SHALL AMEND THE COMPREHENSIVE FUTURE
LAND USE ELEMENT TO PROVIDE THE ENCOURAGEMENT OF SITING
AND COLLOCATION OF PUBLIC SCHOOLS WITH OTHER PUBLIC
FACILITIES IN THE CITY; PROVIDING FOR AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR
TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3161, et. seq., Florida Statutes, established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the
state to prepare and adopt a Comprehensive Plan as scheduled by the Department of
Community Affairs; and
WHEREAS, in January, 1999, the City of Cape Canaveral, Florida, adopted the
1999 City of Cape Canaveral Comprehensive Plan (hereinafter referred to as the °1999'
Plan"); and
WHEREAS, Florida Statutes Section 163.3177(6)(a) provides that public schools
must be an allowable use within the land use categories, and all comprehensive plans
must allow public schools to be an allowable use and shall encourage the siting and
collocation of public schools with other public facilities as permitted land uses; and
WHEREAS, pursuant to Section 163.3177(6)(a), an amendment to the
City of Cape Canaveral
Ordinance No. 13-99
Page 2
Comprehensive Plan, pursuant to this Section, shall be exempt from the limitation on
amendments as provided in Florida Statutes Section 163.3187; and
WHEREAS, on 1999, the in
accordance with its procedures held a duly noticed public hearing on the proposed
amendment and considered findings and advice of staff, citizens, and all interested parties
submitting comments and recommended to the City Council that the 1999 Plan be
amended and that the amendment shall be submitted to the Department of Community
Affairs; and
WHEREAS, on , 1999 and 1999,
the Cape Canaveral City Council held duly noticed public hearings on the attached
Comprehensive Plan amendment and considered the findings, advice and
recommendations of the Local Planning Agency, staff, and all interested parties submitting
written or oral comments and upon thorough and complete consideration and deliberation,
approved for adoption of the attached Comprehensive Plan amendment; and
WHEREAS, the amendment adopted by this Ordinance complies with the
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act.
BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
City of Cape Canaveral
Ordinance No. 13-99
Page 3
SECTION 1. RECITALS. The foregoing recitals are true and correct and are
incorporated herein by reference.
SECTION 2. AUTHORITY. This Ordinance is adopted in compliance with and
pursuant to the Local Government Comprehensive Planning and Land Development
Regulation Act, Sections 163.3184 and 163.3187.
SECTION 3. PURPOSE AND INTENT. It is hereby declared to be the purpose and
intent of this Ordinance to clarify, expand, correct, update, modify, or otherwise further the
provisions of the 1999 Plan.
SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT. Pursuant
to the Plan amendment to the 1999 Comprehensive Plan, the City hereby adopts a new
land use element objective LU -3, as follows:
Policy LU -3.4: Appropriate locations for public schools should be based
upon the following criteria:
A. Public Schools should be considered for locations within the following
land use designations: R-2, R-3 and C-1 categories.
B. Public vocational schools and colleges should only be considered in
M-1 categories.
C. School facilities should be centrally located to serve residential areas
and be of sufficient size to .accommodate the projected enrollment.
Convenient pedestrian access is desirable. Locations on major
roadways, in commercial and industrial areas should be avoided to
minimize the hazards of vehicular traffic and to limit disturbances from
noise, odors and fumes.
FLAG For C-2 Future
City of Cape Canaveral
Ordinance No. 13-99
Page 4
D. The City shall encourage siting and collocation of public schools with
other public facilities as permitted land uses. To the maximum extent
possible, new public facilities shall be located, designed and
constructed on or adjacent to library, community center, park and/or
recreation center.
SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the
effective date of this Ordinance, the Plan amendment shall amend the 1999 Plan and
become part of that Plan, and the Plan amendment shall retain the legal status of the 1999
Cape Canaveral Comprehensive Plan established pursuant to the Code of Laws and
Ordinances of the City of Cape Canaveral, Florida, as amended.
SECTION 6. TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS.
The City Manager is hereby designated to sign a letter transmitting this amendment to the
Department of Community Affairs in accordance with Chapter 163, Florida Statutes, and
Section 9J-11.015, Florida Administrative Code.
SECTION 7. Any ordinance, or parts of an ordinance, in conflict herewith are
repealed.
SECTION 8. 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. 13-99
Page 5
SECTION 9. The effective date of this Plan amendment shall be thirty-one (31)
days after adoption unless the amendment is challenged pursuant to Florida Statutes
Section 163.3187(3). If challenged, the effective date of this amendment shall be the date
a final order is issued by the Department of Community Affairs or the Administration
Commission finding the amendment in compliance with Florida Statutes. A certified copy
of this Ordinance shall be filed with the Office of the Secretary of State, State of Florida,
within ten (10) days of enactment.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of 1999.
Rocky Randels, MAYOR
ATTEST:
Sandra 0. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
City of Cape Canaveral
MEMORANDUM
Date: August 30, 1999
To: Sandra. Sims, CMC, City Clerk
From: Dennis E. Franklin, CBO, Building Official (DEF)
Re: Recommendation to City Council: Comprehensive Plan
Amendment Encouraging Collocation of Public Facilities with
Public Schools.
At the Planning & Zoning Board meeting held on October 13, 1999, the Board
reviewed the above referenced request and verified that this item was duly
advertised. By unanimous vote, the Board members recommended approval to
the City Council. Please schedule this item on an upcoming City Council
meeting agenda.
/slc
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 • FAX (407) 799-3170 9 http://fcn.state.fl.us/cape/
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Helping Floridians create safe, vibrant, sustainable communities"
JEB BUSH STEVEN M. SEIBERT
Governor Secretary
July 6, 1999
Bennett Boucher, City Manager
Planning and Zoning
City of Cape Canaveral
105 Polk Avenue
Post Office Box 326
Cape Canaveral, Florida 32920-0326
Dear Mr. Boucher:
Thank you for your letter regarding the new school siting provisions which should be
included in local government comprehensive plans by October 1, 1999, as required by Section
163.3177(6)(a), Florida Statutes (F.S.). After a review of your letter and the attachments, as well
as the current revised plan adopted in January of 1999, the Department has determined that the
Comprehensive Plan meets the new statutory requirements, except for provisions related to
collocating schools with other public facilities.
The City will need to add at least one new policy to the Plan which encourages the collocation of
public facilities, such as parks, libraries, and community centers, with schools to the extent possible.
Enclosed for your consideration is a sample of a collocation policy that the Department believes would be
sufficient to meet the collocation requirement. The sample is provided for informational purposes only and
the City may want to assess the language to determine if it is appropriate for your particular municipality.
This change must be in effect by October 1, 1999 or no further amendments to the Plan may be adopted.
One option would be to submit policies addressing collocation and request that the Department not review
the proposed amendments. If the policies are sufficient, the Department will waive the ORC review and the
City can proceed to adoption of the needed changes. The Department will be available to assist you if you
should choose this alternative. School siting amendments are not subject to the twice a year limitation for
plan amendments.
In addition, the City will need to add new policies required by Section 163.3177(6)(h)2, which
compliment Section 163.3174(1) F.S., to ensure coordination between the local planning agencies and the
school boards in comprehensive planning decisions related to existing and planned public school facilities,
proposals for development, and infrastructure. This change must be added by the end of the year.
2555 SHUMARD OAK BOULEVARD - TALLAHASSEE, FLORIDA 32399-2100
Phone: (850) 488-8466/Suncom 278-8466 FAX: (850) 921-0781/Suncom 291-0781
Internet address: http://www. state.ff.us/comaff/
FLORIDA KEYS GREEN SWAMP
Area of Critical State Concern Field Office Area of Critical State Concern Field Office
2796 Overseas Highway Suite 212 205 East Main Street Suite 104
Mr. Bennett Boucher, City Manager
July 6, 1999
Page 2
If you have any questions, please contact Susan Poplin, AICP, Planning Manager, or
James D. Stansbury, Community Program Administrator in the Bureau of Local Planning at
(850) 487-4545.
FAX 850-922-9881
Sincerely yours,
[ Bob Cih for]
Charles Gauthier , AICP
Chief, Bureau of Local Planning
CG/sp
Enclosure
cc: Mr. Steven E. Bapp, Planning & Zoning Technician
Ms. Sandra Glenn, Executive Director, East Central
Florida Regional Planning Council
Meeting Type: Regular
Meeting Date: 12-07-99
AGENDA
Heading
Ordinances - 2nd Reading
Item
No.
G7
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 15-99, AMENDING THE OFFICIAL ZONING MAP
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council consider this request to rezone 1.15 acres from M-1 light industrial to
C-2
commercial/manufacturing .
Summary Explanation & Background:
The P&Z Board at their 11-10-99 meeting recommended approval of this small scale rezoning request.
See attached documentation; this is consistent with our comprehensive plan, future land use map.
I recommend approval.
Exhibits Attached:
Ordinance No. 15-99/ Rezoning application
City Manager's Office
[Kohn Bennett]
Department P&Z/GROWTH MGMT
g/admin/council/meeting/1999/12-07-99/15-99.doc
ORDINANCE NO. 15-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
OFFICIAL ZONING MAP AS DESCRIBED IN SECTION
110-246, CODE OF ORDINANCES BY CHANGING THE
CLASSIFICATION OF CERTAIN PROPERTY FROM THE
CLASSIFICATION OF M-1 (LIGHT INDUSTRIAL) TO C-2
(COMMERCIAL/MANUFACTURING) AS DESCRIBED IN
EXHIBIT "A"; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board of the City of Cape Canaveral, Florida,
sitting in its dual capacity as the Planning and Zoning Board and as the Local Planning Agency
has held public hearings on changes to the zoning classification on the property indicated below;
and
WHEREAS, The Planning and Zoning Board has issued a written report regarding its
recommendation to the City Council; and
WHEREAS, the public was heard at a regular meeting of the City Council on the petition
requesting changes indicated below and, after full discussion, the Council having found that the
best interest for the City of Cape Canaveral and its citizens would be served by granting the
petition to change the zoning classification; and
WHEREAS, the City Council, based on the reasons and findings stated in the analysis
and recommendation of the staff, has found that the proposed zoning amendment is consistent
with the provisions of the City of Cape Canaveral Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as
described in Section 110-246, Code of Ordinances, is hereby amended to include a change of
classification from M-1 (Light Industrial District) to C-2 (Commercial/Manufacturing District)
for the property legally described as:
See Exhibit "A" Attached Hereto
SECTION 2. This ordinance repeals all prior ordinances and resolutions in conflict
herewith.
City of Cape Canaveral
Ordinance No. 15-99
Page 2
SECTION 3. This Ordinance shall become effective after the amendment has been duly
recorded upon the official zoning map of the City of Cape Canaveral.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the day of , 1999.
ATTEST: Rocky Randels, MAYOR
Name Yes No
Larry Weber
Sandra O. Sims, CITY CLERK
Richard Treverton
Burt Bruns
Buzz Petsos
Rocky Randels
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
LPA Hearing: 11-10-99
Posted:
11-02-99
Published:
11-06-99
1st Reading:
11-16-99
Published:
11-28-99
2nd Reading :
12-07-99
//cape-nt/cityclerkordinances/zoning/mltoc2.doc
FLORIDA TODAY
Published Daily
STATE OF FLORIDA
COUNTY OF BREVARD
Before the undersigned authority personally appeared MAUREEN FARR who on
oath says that she is LEGAL ADVERTISING CLERK
of the FLORIDA TODAY , a newspaper published in Brevard County,
Florida; that the attached copy of advertising being a
LEGAL NOTICE
in the matter of
CITY OF CAPE CANAVERAL
in the Court
ORDINANCE 15-99
was published in the FLORIDA TODAY NEWSPAPER
in the issues of NOVEMBER 27, 1999
Affiant further says that the said FLORIDA TODAY NEWSPAPER
is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore
been continuously published in said Brevard County, Florida, regularly as stated above, and
has been entered as periodicals matter at the post office in MELBOURNE
in said Brevard County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that she has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publication in said newspaper.
[Maureen Farr]
(Signature of Affiant)
Sworn to and subscribed before me this 27th day of NOVEMBER 1999.
Personally Known X
or Produced Identification
Type of Identification Produced
(Signature of Notary Public)
[Linda L. Braud ]
LINDA L. BRAUD
(Name of Notary Typed, Printed or Stamped)
or Produced Identification
City of Cape Canaveral
Ordinance No. 15-99
Page 3
Exhibit "A"
All that certain land situated in Brevard County, Florida, viz:
A portion of Section 23, Township 24 South, Range 37 East, the City of Cape Canaveral Brevard
County, Florida more particularly described as follows:
Commence at the southwest corner of said Section 23; thence N O1
/\cape-nt\cityclerk/Cityclk ordinance\zoning\m I 1oc2. doc
PARCEL 2
SURVEYORS DESCRIPTION
A portion of Section 23, Township 24 South, Range 37 East, the City of Cape
Canaveral, Brevard County, Florida more particularly described as follows:
Commence at the southwest corner of said. Section 23; thence N 01005,19" E, along
the west line of said Section 23, for a distance of 1837.48 feet to an Intersection with
the westerly extension of the north line of Center Street, a 50.00 foot -of- way, as
shown on the Plat of Survey for Loma Linda University as recorded in Survey Book 1 at
page 106 of the public records of Brevard County, Florida; thence S 88052'58" E, along
said north line, for a distance of 40.13 feet to a found 3/4" -Inch iron pipe on the east
line of an unnamed 80.00 foot north—south right-of-way as shown on said Plat o
Survey and as dedicated in Official Records Book 888 at page 48 of the public records
of Brevard County, Florida being the point of beginning; thence
N 01004'46" E, along said east line, for a distance of 281.47 feet to a set 5/8 -inch iron
rod with cap Deithorn PLS 2412); thence S 88048'19" E, for a distance of 177.62 feet to
a set PK nail and disk (Deithorn PLS 24 12'); thence S 00°57'20" W, along a line
parallel with the west line of State Road A -1-A;, for.a distance of 281.23 feet to a set PK
nail and disk. (Deithorn PLS 2412) being a: point on the north line of said Center
Street; thence N 88052'58" W, along said north line, for a distance of 178.22 feet
to the point of beginning.
//CAPE-NT/cityclerk/CityClk\0rdinances\ZONING/LegaI Description M-1 to C-2.doc
DEVELOPMENT FACT SHEET
1. APPLICANT:
Name:Canaveral Industries Inc.
Address: 190 Center Street, Cape Canaveral, florida, 32920
Telephone: 407-783-8474
PROPERTY LOCATION:
General Location or Address:
West of A1A on Center Street in the City
of Cape Canaveral.
Legal Description:
(MAY BE ATTACHED TO THIS SHEET)
SIZE OF PROPERTY IN ACRES:
1.15 ACRES
2. PRESENT ZONING CLASSIFICATION: M-1
Abutting Land Zoning: North: M-1 South: M-1 East: A1A C-1 West: M-1
Abutting Land Use: North: M-1 South: M-1 East:Road West: M-1
3.NATURAL FEATURES:
Level Developed Parcel
EXISTING STRUCTURES: TWO (2) CONSTRUCTION TYPE: 1 •
Masonry
SIZE IN SQUARE FEET: 1. 6000 sq ft NUtiIBER OF STORIES: 2 •
Metal
2. 7600 sq ft One
SOIL:Asphalt paved over sand and clay
TOPOGRAPHY:
Flat
VEGETATION: Perimeter Trees and grass front
WILDLIFE: Usual in Cape Canaveral
FLOOD HAZARD: 100 yr. FIRM ZONE: 100 %
DRAINAGE: Impervious
SITE ELEVATION: 12 ' -/- STRUCTURE ELEVATION:
1 • 15'
2. 25'
4. ENVIRONMENTAL ISSUES:
WATER: Clear
AIR Clear
NOISE: Normal City Decibel Level
HISTORICAL/ARCHAEOLOGICAL:
No New Construction
ATTACHMENTS REQUIRED:
A MAP SHOWING THE PROPERTY AND ALL ADJOINING PROPERTY
WITHIN 500 FEET WITH ZONING AND USE INDICATED:
City of Cape Canaveral
Building Department
(Please Print Legibit or Type)
DATE FILED 10-25-99 FEE PAID $250.00 DEPOSIT $500.- Legal ad
RECEIVED BY SRC $250.00 FILING FEE IS NON-REFUNDABLE
---------------------------
-----------------------
NATURE OF REQUEST
SPECIAL. EXCEPTION VARIANCE-X - REZONING APPEAL _CODE AMENDMENT
(IF REQUEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET #1 OF TOWER APPLICATION)
-------------------------------------------------------
DESCRIPTION OF REQUEST
(Insure that the specific sections of the Zoning Ordinance that allow & support your request are noted)
(Attach separate sheet if necessary)
Change from M-1 to C-2 per Council action on
Address of request 190 Center Street
Legal Dest. LOT BLK. SUB Sect 23 TWP 24 so Range 37 East
STATEMENT OF FACT: State of Florida, County of Brevard;
I, J.J. Morris , being duly sworn, depose and sav that:
I am the owner.
X I am the owner's designated agent.(Attach notarized letter of authorization)
Owner's Name Canaveral Industries Inc.
Address 190 Center Street City Cape Canaveral State FL Zip 32920
Home Phone #407-868-2580 Work Phone #407-783-8474 Other
(If other, than owner)
Applicant's Name John J Morris
Address 55 Westview Lane City Cocoa Beach State FL Zip 32931
Home Phone #407-868-2580 Work Phone #407-783- 8474 Other
All information, sketches and data contained and made part of this request, are honest and true to the best
of my knowledge and belief.
Sworn to and subscribed before me
this 9th day of SEPTEMBER, 1999
[Beatrix F. Stone ]
Notary Public, State of Florida
[ John J Morris ]
Signature of Applicant
Beatrix F Stone
My Commission CC358983
Expires July 20, 2001
-------------------------------------------------------------------------- -----------------------
The completed request form and the $250.00 filing fee must be filed as follows: Requests for Variances and Special
Exceptions (Excepting Telecommunication Towers) , 14 days prior to thz Planning & Zoning Board Meeting; request
for rezoning, 30 days prior to the Planning & Zoning Board meeting; Request for Telecommunications Towers, sixty
days prior to the Planning &Zoning Board meeting. The Board of Adjustment meeting will be set after the request is
heard by the Planning & Zoning Board. ( A deposit may be required, see code section 110-92 for applicability)
------------------
----------------------------------
FOR CITY USE ONLY
Notice of Public Hearing Published in Newspaper on
Notice to aoolicant by Certified Nfail No.
Notice posted on Bulletin Board on
Notice posted on subject property on
on
Prop. owners within 500 ft. notified on
Ck # 1586
ZONING MAP
This is map was compiled from recorded documents and does not reflect an actual
survey. The Brevard County Properly Appraiser's Office and Geographic Information
Services do not assume responsibilities for errors or omissions contained hereon.
Prepared by: Brevard Count Property Appraisers Office — GlS, September 10, 1999
Proj=102-jimm500 jimm500-3.cmp
Page 3
BUILDING & PUBLIC SAFETY DEPARTMENT
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE
REQUEST TO AMEND THE COMPREHENSIVE PLAN
This application, together with ALL REQUIRED EXHIBITS, shall be completed and filed with the zoning division prior to the
established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAN
AMENDMENT DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PERMIT.
TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT)
Owner(s):Canaveral Industries Inc. Applicant: Same
Address: 190 Center Street Address:
City: Cape Canaveral: State: FL City: State:
Zip Code:32920 Phone: 783-8474 Zip Code: Phone:
TYPE OF REQUEST
Change to the Text of the Comprehensive Plan
Comprehensive Plan Element:
Change to an Existing Provision:
Attach proposed wording, reasons. and appropriate data and analysis to support the requested change.
X- Change to the Zoning Map
Existing Zoning Designation: M 1
Requested Zoning Designation: C 2
Attach reasons for requested change: To expand allowable uses to C-2 Action by Council
Change to the Future Land Use Map
Existing Future Land Use Designation:
Requested Future Land Use Designation:
Attach reasons for requested change.
LOCATION
Section: 23 Township: Township: 24 South Range: 37 East
Block: Lot/Parcel: Subdivision:
Total Acreage: 1. 15 Overall Dimensions: 178. x 281.47
Location and Distance from Nearest Public Road(s): Faces Center Street Prx. 500 ft.
West of A1A
REQUIRED EXHIBITS
The complete legal description (and the tax identification number) of the property or portion thereof that the amendment is
being requested for, typed on a separate sheet of paper. An error in the legal description will result in the request being
delayed at the owner/applicant's expense.
A certified survey of the subject property. A County ProperrAppraiser's map describing the exact parcel may be ac: -:;[Cd
in lieu of a survey in certain instances.
A County Property Appraiser's mao identifying the subject pmperty and all of the owners located within 500 fee: of :.`.e
boundaries of the subject properr+.
A list of names and addresses of all of zhe property owners located within 500 feet of the boundaries of the subjec: proper:
and keyed to the County Property Appraiser's map.
A copy of the most recent recorded Warranty Deed.
Notarized statements from all property owners listed on the Warranty Deed are n someone other
than themselves to act on their behalf as the applicant.
Signature of Staff member discussing proposed action with the Applicant: [John J. Morris ]
The undersigned understands that this application must be cam leve and accurate prior to advertising a public hearing:
STATE OF Florida COUNTY OF Brevard I. John J. Morris
being first duty sworn, depose and say that:
I am the owner of the subject property, or (if corporation. I am the Officer of the corporation authorized to act on this
request).
X- I am the legal representative of the owner of the subject property of this application. (If the property is not owned. or
owned only in part by the applicant, a notarized letter must accompany the application giving written consent by all
property owners of the subject property unless the applicant is the Attorney for the owner).
ALL THE ANSWERS TO THE QUESTIONS IN THIS APPLICATION. ALL SKETCHES AND DATA ATTACHED TO AND
MADE A PART OF THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE.
SWORN AND SUBSCRIBED TO BEFORE ME THIS 9 TH DAY OF SEPTEMBER, 1999.
[ Beatrix F. Stone ]
(SIGNATURE)
MY COMMISSION EXPIRES:
July 20, 2001
Beatrix F Stone
**MY Commission CC358983
BUILDING OFFICIAL ENDORSEtifENT
1. ✓ Zoning Amendment
2 Variance Contiguous Zoning M1- C2
3. Special Exception Norh M-1 South C-1 East C-1 West R-3
4. Administrative Appeal
(See Attached Statement For Code Section References)
CONSIDERATIONS
SETBACKS:
✓
MEETS CODE
X COVERAGE:
MEETS CODE
LOT SIZE
✓
MEETS CODE
DENSITY
✓
MEETS CODE
HEIGHT
✓
MEETS CODE
ADDITIONAL REFERENCES
CODE VIOLATION (Expianation)
CODE VIOLATION (Explanation)
CODE VIOLATION (Expianation)
CODE VIOLATION (Explanation)
CODE VIOLikTION (Explanation)
SUBJECT CODE SECT APPLICABLE
PARKING 110-491 X
LOADING ZONE 110-50L X
SETBACKS (A1A-RIDGEWOOD-.ASTRONAUT) N/A X
LANDSCAPING NONE X
NON -CONFORMITIES X
STRUCTURES X
LAND X
USES X
NOTE:The Planning & Zoning Board should also review Sec. 110 -47 (10)
COMMENTS:
DATE: 11-2-99
(Signature)
Building Official
CANAVERAL INDUSTRIES, INC.
Protective Coatings
192 Center Street
Cape Canaveral, FL 32920
Ph. 407-783-8474 Fax 407-784-9435
FL: (800) 282-0835
City of Cape Canaveral
Building Department
105 Polk Avenue
Cape Canaveral, Fl 32920
25 October 1999
To Whom it May Concern:
I , EDWARD L. HRADESKY , President of CANAVERAL INDUSTRIES Inc..Do
hereby give grant Mr. Jim Morris the authority to apply for a rezoning. The address of
the property is 190 Center Street, Cape Canaveral. We wish to change this location from
it's current M-1 to the newly approved C-2.
We would appreciate your speedy assistance in this approval for we have a signed
lease for a new business at this location.
Sincerely
E. L.Hradesky
President
Canaveral Industries Inc.
SWORN AND SUBSCRIBED TO ME THIS 26 TH DAY OF OCTOBER 1999 BY MR. EDWARD L. HRADESKY
WHO IS PERSONALLY KNOWN TO ME.
[ Beatrix F. Stone ]
Beatrix F Stone
* My Commission CC856983
Expires July 20, 2001
Cape Canaveral, FL 32920 United States Of America
Meeting Type: Regular
Meeting Date: 12-07-99
AGENDA
Heading
Discussion
Item
No.
8
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION; RENAMING TOWER BLVD.
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council discuss possible names for this roadway.
Summary Explanation & Background:
We submitted the names of:
Manatee Park Drive
• Park Drive
These names would conflict with others in the area.
Attached is the 911 street address guidelines.
Any suggestions?
Exhibits Attached:
City Manager's Office
[ Bennett Boucher ]
Department LEGISLATIVE
g:/admin/counciil/meeting/1999/12-07-99/tower.doc
FROM : Address Assignment FAX NO. : 6332081 Dec. 01 1999 02:44PM PL
SEAL OF BREVARD COUNTY FLORIDA
BREVARD COUNTY
BOARD OF COUNTY COMMISSIONERS MEMORANDUM
BB, FYI
TO: Greg Mullins, Code Enforcement/Address Assignment
City of Cape Canaveral
FROM: Sharon G. Camp, ENP
Brevard County Address Assignment Supervisor
DATE: November 29,1999
RE: Renaming TowerRoad
Greg, per our conversation regarding the renaming of Tower Road... both of the street names
submitted would be unacceptable due to duplication in the same community area.
If we can be of further assistance please advise. Thank you for your continued cooperation.
SGC:ba
BB, FYI
BREVARD COUNTY
ADDRESSING AUTHORITIES
STANDARD OPERATING PROCEDURES
FOR THE ASSIGNMENT OF ADDRESSES
FOR EMERGENCY 9-1-1 PURPOSES
BREVARD COUNTY
CITY OF CAPE CANAVERAL
CITY OF COCOA
CITY OF COCOA BEACH
TOWN OF INDIALANTIC
CITY OF INDIAN HARBOUR BEACH
TOWN OF MALABAR
CITY OF MELBOURNE
TOWN OF MELBOURNE BEACH
TOWN OF MELBOURNE VILLAGE
CITY OF PALM BAY
TOWN OF PALM SHORES
CITY OF ROCKLEDGE
CITY OF SATELLITE BEACH
CITY OF TITUSVILLE
CITY OF'WEST MELBOURNE
CANAVERAL PORT AUTHORITY
KENNEDY SPACE CENTER
PATRICK AIR FORCE BASE
OTHER CONCERNED AGENCIES
BREVARD COUNTY, FLORIDA NUMBER: 4
ADDRESSING STANDARDS
EFFECTIVE: June 25,1997
STANDARD OPERATING PROCEDURES
SUBJECT: Street Names
PURPOSE
To define various aspects of street names for Enhanced 9-1-1 and emergency response
county wide.
DISCUSSION
Brevard County's addressing system is a segmented system. Although this gives the various
addressing authorities a high degree of flexibility, inconsistencies between agencies could cause
confusion in mutual emergency response areas.
This document will recommend guidelines concerning consistency in street names county wide.
It is not intended to be a detailed, all-inclusive listing, but will provide broad policy guidelines
that can be incorporated into existing street name regulations and will provide guidelines for
those agencies that do not have existing street name regulations.
DEFINITIONS
Geographic Community Area means a combination of postal and community area names
established and determined by Brevard County Address Assignment.
Non-contiguous Street means two streets with the same name that do not connect.
This Street
This Street
Private way means any thoroughfare used for vehicular traffic which is not included in the
definition of "public way" and which is not maintained by the county or municipality.
This term shall include, but is not limited to, roadways or driveways in apartment,
condominium, commercial or industrial complexes, mobile home parks, easements, flag
lot stems, driveways or unimproved roadways.
Public way means that area of an official public road or right-of-way, either paved or unpaved,
which is intended for vehicular traffic, excluding service entrances or driveways.
STANDARD OPERATING PROCEDURES NUMBER: 4 page 2
EFFECTIVE: June 25,1997
Street means a right-of-way which has been dedicated to and accepted by the county or
municipality, acquired by the county or municipality, or that is a private access not
dedicated to the county or municipality, but affords the principal means of access by
vehicles to abutting property.
WHEN TO NAME
Any street, public way, or private way should be named when it is determined that naming will
improve location identification for 9-1-1 or emergency response purposes. Location
identification may be improved when multiple properties are accessed by the same street, public
way, or private way or if structures on the property are not visible from the nearest accessible
street, public way, or private way.
WHEN TO RENAME
Any street, public way, or private way may be renamed, upon request, at the discretion of the
addressing authority. Any duplication of street names in the same community area should be
eliminated by renaming one of the streets.
A. HOW TO RESERVE NAME
1. Any proposed street name must be approved and reserved for use by Brevard County
Address Assignment. Contact Brevard County Address Assignment at 633-2061, or in
writing at 2725 Judge Fran Jamieson Way, Building A, Melbourne, FL 32940.
2. Requests should include the following information: name of community area, location fbr
street to be named (Section, Township, Range, etc.), current street name (if applicable),
requester's name, and any other pertinent information.
B. NAME SPECIFICATIONS
1. New streets which are extensions of existing streets shall bear the name of the existing
street.
2. In no case shall a proposed name duplicate an existing name of a street in the same
geographic community area or create non-contiguous streets. The geographic community
areas are established and determined by Brevard County Address Assignment. For
example, Sunset Drive cannot be used if Sunset Road exists in the same geographic
community area.
3. No street names will be approved that have any directional, numerical or alpha reference,
that sound the same as existing street names in the same geographic community area, or
that are difficult to spell or pronounce.
STANDARD OPERATING PROCEDURES NUMBER: 4 page 3
EFFECTIVE: June 25,1997
4. It is recommended that names shall be designated in the following manner:
Direction
More than
Less than 1000
Over 5280 feet
A four lane divided roadway used
as
1000
feet
(a continuing main
a continuing main
feet
thoroughfare)
thoroughfare
East and West
Streets
Places
Boulevard
Parkway
North and South
Avenues
Courts
Boulevard
Parkway
Diagonal
Road
Ways
Curving or Circles
Drives
Lanes or Circles
5. It is recommended that street names, including spaces between words should be no
than sixteen (16) spaces in length, in order to fit upon a standard road name sign.
C. RECORDING
1. Official documentation of naming must be recorded. Names can be recorded as part of an
official subdivision plat. Names can also be made official by recording a resolution or an
ordinance in the Official Records Book in the office of the Clerk of the Circuit and County
Courts.
2. A copy of officially recorded documentation must be provided to Brevard County Address
Assignment.
D. SIGNS
1. Appropriate signs must be installed and maintained at any intersecting streets.
INTERPRETATION
This procedure is not intended to replace or change existing procedures or responsibilities. It is
designed to draft and implement a uniform minimum level policy for use in both the incorporated
and unincorporated areas in Brevard County, Florida. This minimum level can be summarized
as follows: providing guidelines for naming or renaming streets in order to provide for the
health, safety and welfare of the citizens of Brevard County, Florida in both the incorporated and
unincorporated areas.