HomeMy WebLinkAboutAgenda Packet 01-06-1998City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 6, 1998
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
1997 Holiday Beautification Awards
Residential - John and Jill Blizzard
Multi-Family - Sea Era Sands
Commercial - Sunseed Food Co-Op., Inc.
CONSIDERATIONS:
1. Motion to Approve: City Council Regular Meeting Minutes of December 16, 1997
RESOLUTIONS:
2. Motion to Approve: Resolution No. 98-01, Supporting the Florida League of Cities,
Inc.'s Constitution Revision Resolution
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL,FLORIDA SUPPORTING THE FLORIDA LEAGUE OF CITIES
INC.'S, CONSTITUTION REVISION RESOLUTION.
DISCUSSION:
3. Commerce Street
4. Community Appearance Board
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105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 0 FAX (407) 799-3170
City Council Regular Meeting Agenda
January 6, 1998
Page 2
REPORTS:
5. 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.
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
December 16, 1997
7:00 P.M.
MINUTES
CALL TO ORDER.
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present Council Members Absent
Burt Bruns Joy Salamone
Tony Hernandez
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Nancy Hanson, Recreation Director
Public Works Director, Edward Gardulski
CONSIDERATIONS:
1. (Tape 1) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the City
Council Regular Meeting Minutes of November 20, 1997 and December 2, 1997. The motion
passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,For; Mayor Pro Tem Petsos,
For; and Mayor Randels,For.
2. (Tape 1, #57) A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
State Revolving Loan Fund,Amendment#3. The motion passed 4-0, with voting as follows:
Mr. Bruns, For; Mr. Hernandez,For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
3. (Tape 1, #149) A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the
Extension of Permit for Temporary Construction Trailer, Discovery Bay. The motion passed 4-
0, with voting as follows: Mr. Bruns,For, Mr. Hernandez,For; Mayor Pro Tem Petsos, For; and
Mayor Randels, For.
4. (Tape 1, #191) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the
cooperative purchase of a bobcat backhoe attachment in the amount of $5,675 from Melroe
Government Sales. Mr. Petsos queried for clarification that the local bobcat business was
contacted. Ed Gardulski, Public Works Director, confirmed that they were contacted and could
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City Council Regular Meeting Minutes
December 16, 1997
Page 2
not meet the price. Mr. Bruns stated that the smaller backhoe attachment will cause less damage
when installing the reuse lines. He related also that some townhouses and like buildings will still
be unable to connect to reuse because of their yard configurations and topography. The motion
passed 4-0, with voting as follows: Mr. Bruns,For; Mr. Hernandez,For; Mayor Pro Tem Petsos,
For, and Mayor Randels, For.
RESOLUTIONS:
5. Mayor Randels read Resolution No. 97-44 by title (Tape 1, 339).
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA;
AUTHORIZING THE 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.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution
No. 97-44, including an amendment to the contract charging for incidental telephone
conversation charges with the City Attorney. The motion passed 4-0, with voting as follows:
Mr. Bruns,For; Mr. Hernandez, For; Mayor Pro Tem Petsos,For, and Mayor Randels,For.
6. Mayor Randels read Resolution No. 97-45 by title (Tape 1,#601).
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA;
REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT
AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mayor Randels to approve Resolution
No. 97-45, re-appointing Dave Kalm and Walter Bowman. The motion passed 4-0, with
voting as follows: Mr. Bruns, For; Mr. Hernandez,For, Mayor Pro Tem Petsos,For; and Mayor
Randels,For.
DISCUSSION:
7. (Tape 1, #823)Todd Peetz, City Planner, explained that the concept of the C-2 Zoning
District was derived from the initial issue of vacant buildings in the city. He stated that
businesses have inquired to establish sites along A1A, but was precluded due to the M-1
zoning. C-2 zoning would provide for both light industrial and commercial establishments,
creating more flexibility. He further stated that a prior current concern remains that of
reusing vacant buildings, more so than new development.
Mr. Bruns stated that other coastal cities are tightening development restrictions. How
would the C-2 zoning affect current restrictions?
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City Council Regular Meeting Minutes
December 16, 1997
Page 3
Mr. Peetz related that it would create no density impact, it only allows for more flexibility.
He explained that R-3; multi-family districts provide more environmental impact.
Mr. Bruns stated that the city can not support a large commercial population, would it not
be better to maintain an industrial district that can support itself. He queried if the C-2
zoning would provide for more commercial transience.
Mr. Petsos stated that he essentially agrees that industrial supports itself, however, the C-2
provides for both and is intended to exclude the need for special exceptions.
Bea McNeeley, Planning & Zoning Chair, opined that industrial is not necessarily more
stable than commercial enterprises.
Jim Morris, business owner, stated that his business would immediately apply for the C-2
zoning if it passes.
Mr. Peetz stated that the C-2 ordinance can be considered separately or in conjunction with
the Evaluation and Appraisal Report Comprehensive Plan Amendment process, which will
begin in March or April. Council concurred to incorporate the C-2 zoning district into the
Evaluation and Appraisal Report process in March.
8. (Tape 1, #1975) Council Member, Tony Hernandez, presented a Ballpark Concept for
Council to consider. Mr. Hernandez explained that the complex could be constructed and
funded in phases. John Pekar, Stottler, Stagg& Associates reported that the new lighting
and fencing recently installed at the big ball field could be retained. He explained that cost
estimates are vague because all the ideas are conceptual. However, he stated that the
estimates are from $200,000 - $290,000.
Mayor Randels stated that grant funds received for recreational facilities that may not be
retained would have to be returned.
Mr. Petsos stated that priorities must be determined including the Manatee Sanctuary Park,
Banana River Park and Long Point Park. He also expressed concern about funding all the
projects.
Leo Nicholas, resident, opined that the park is a good concept, but questioned if the land is
sufficient for all the proposed facilities.
City Attorney, Kohn Bennett opined that a referendum for special taxing should be
considered because it would likely be received well.
Consensus was to go forward with the recreational complex concept with special focus on
funding.
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City Council Regular Meeting Minutes
December 16, 1997
Page 4
9. (Tape 2, #464) Mr. Bruns stated that the Community Appearance Board issues are with the
procedures, not the members serving. He related that the board is not effective and queried
if they need additional guidelines or if the concepts are not clear enough. He stated that the
board might need to be abolished if it is only requiring additional steps for contractors and
not working as anticipated.
Jovan Barzelatto, former Community Appearance Board member and contractor, stated that
the guidelines are unclear for the board and for contractors. He stated that the appearance
standards are essentially limited to landscaping because criteria is so vague. He reported that
he has six booklets of guidelines from other cities that the city may want to review and
develop specifications for the board and contractors. He stated that the board review is held
at the wrong time. It should be done in the preliminary phase, not after blue prints have been
submitted. The drawings should be sketches of the conceptual design.
Marilyn Rigerman, member of the former ad hoc committee establishing the Community
Appearance Board, stated that legislation was passed requiring preliminary sketches.
Bea McNeely, also a member of the former ad hoc committee establishing the Community
Appearance Board, stated that it would not be wise to abolish the board. She opined that
developers, knowing there is a Community Appearance Board, are more careful to submit
aesthetically acceptable buildings. Mr. Barzelatto agreed, stating that Race Trac had initially
planned to build their low-scale version. However, upon learning that there would be a
Community Appearance Board review, chose the better model.
City Attorney, Kohn Bennett, expressed concern with the board, querying if the board is
over reaching its mandates. He stated that there are two alternatives.
• A theme could be established, however, this is usually done with a newly incorporated
city or within redevelopment areas.
• Make certain ordinances say what is required in regard to landscaping, roofs, structures,
etc. delineating differences in commercial and residential areas.
He stated that the way the ordinance is drafted, it does not work.
Leo Nicholas, resident, opined that the ad hoc committee would have been the best board
membership. However, it is not possible because they are members of another quasi-judicial
board.
Council consensus was for staff, including the City Manager, Building Official and City
Attorney submit a written scope of the problems and suggestions for making the board
effective or for abolishing it by the next City Council meeting.
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City Council Regular Meeting Minutes
December 16, 1997
Page 5
REPORTS:
Acting City Manager—Sandra Sims (Tape 2, #1734)
• FCT—Florida Communities Trust Grant for Banana River Park:Movement needs to be shown to secure
an extension.
• Clarification was quested that the Crossing Guard Christmas bonus cap is to be removed and that Wallace
Homer is to receive the $325 Christmas bonus, equivalent to 21 years continuous service. Council confirmed
that the bonus is to be equivalent to the number of continuous years served as an employee.
• Weather—has caused dune erosion of about one foot per day
• The tides have been high,but have not caused crossover structural damage yet
• However,the sand fencing at Madison Ave. was destroyed
• No flooding or drainage problems
• Ed Gardulski has been in charge of interviewing with the various TV stations
• Water line break—this afternoon at E. Central & Ridgewood caused by a sign installation.Repairs were
completed by 5pm
• Bids were advertised—will be opened January 6, 1998.
• Mowing the treatment facility & lift stations
• Re-roofing the Annex and City Hall
• The Reindeer Run was a tremendous success despite the rainy weather.Kim McIntire, City Manager,Bennett
Boucher's administrative assistant,directed a remarkable event and the city is able to contribute over $3,000 to
the United Way as a result.
Audience
Leo Nicholas, resident and Planning and Zoning Board member, stated that residents will soon be
pressuring the city to repair Commerce Street. He stated that it will have to be done sooner or
later and it will be most advantageous to proceed without resident coercion. Council concurred to
place the issue on the next agenda to establish a method, including facts and options to proceed
with the street issue.
City Attorney—Kohn Bennett
None.
Mayor Pro Tem—Buzz Petsos
• Mr. Petsos commended Kim McIntire for her efforts in organizing the Reindeer Run to benefit
the United Way.
• Mr. Petsos queried about the status of the well testing for contaminants on the north end of the
city. Mr. Gardulski stated that he is coordinating with the Florida Department of Environmental
Protection to receive results from testing and share samples that will be taken by the Canaveral
Port Authority to save money and to provide the same testing criteria.
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City Council Regular Meeting Minutes
December 16, 1997
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• Mr. Petsos requested that the 7 acres designated for the Banana River Park be designated as
Recreational Zoning during the Evaluation and Appraisal Report compilation and submittal.
Council Member—Tony Hernandez
• Mr. Hernandez commended Kim McIntire for her coordinating efforts of the Reindeer Run for
United Way.
• Mr. Hernandez requested that staff obtain protocol criteria for the city's use of the library. He
stated that it was difficult securing the library for the Tree Lighting ceremonies that was needed
due to inclement weather.
Council Member—Burt Bruns
• Mr. Bruns expressed concern that mature palm trees were cut down at the Aerospace Business
Center to locate a sign on A1A for Canaveral Cruise Lines. He related that he understands
procedures were followed and there are no violations. However, he stated that the system is
defective.
• Mr. Bruns suggested that the city procure a live tree to be planted at Xeriscape Park for the
annual Christmas tree lighting ceremonies, rather than purchasing a cut tree each year. Council
concurred.
Mayor—Rocky Randels
None.
There being no further business, a motion was made by Mr. Hernandez and seconded by Mayor
Randels to adjourn at 9:40 p.m.
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
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FLORIDA LEAGUE OF CITIES, INC.
Memorandum
TO: Key Official
FROM: Kelvin J. Robinson, Legislative Director
RE: Transmittal of Constitution Revision Resolution
DATE: December 2, 1997
At the League's Annual Legislative Conference, held on November 20-21, 1997 at the
Hyatt Regency, Orlando International Airport, a select Resolution Committee met to
review and recommend issues for consideration by the Constitution Revision
Commission. A copy of the resolution that was adopted by this committee and the
League's membership is enclosed.
During the League's Business Meeting at the conference, a motion was adopted by the
membership to request that all municipalities adopt their own resolution in support of the
League's Constitution Revision Resolution. To facilitate this effort, enclosed is a
"sample" resolution that your municipality can use, as well as a Constitution Revision
Commission mailing list for distributing your municipality's resolution. As always, you
should have your city attorney review the sample for form pursuant to your municipal
charter procedures.
Thank you for your continued support of the League. Should you have any questions,
please contact Darcy Foster at the League office.
KJR/DAF
Enclosures
201 West Park Avenue • P.O.Box 1757 • Tallahassee, Florida 32302-1757 • (904) 222-9684 • Suncom 278-5331
RESOLUTION NO. 98-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, FLORIDA
SUPPORTING THE FLORIDA LEAGUE OF CITIES
INC.'S, CONSTITUTION REVISION RESOLUTION.
WHEREAS, the Florida League of Cities, Inc., convened at its Annual
Legislative Conference on November 20-21, 1997, at the Hyatt Regency Orlando
International Airport, Orlando, Florida, to adopt both its legislative policies and
proposals to revise Florida's Constitution;
WHEREAS,the Florida League of Cities, Inc., adopted on November 21, 1997,
its 1998 Constitution Revision Resolution;
WHEREAS,the City of Cape Canaveral, believes that there will be a variety of
constitutional proposals that could affect municipal home rule authority and
municipality's ability to respond to the needs and conveniences of their citizenry and
WHEREAS, the City of Cape Canaveral, is a member of the Florida League of
Cities, Inc., and fully supports the Florida League of Cities' and each position addressed
in the 1998 Constitution Revision Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City of Cape Canaveral
that:
Section 1. The Constitution Revision Commission respectfully consider, the
Florida League of Cities' Constitution Revision.
Section 2. A copy of this municipal resolution be sent to the 1995
Constitution Revision Commission members.
APPROVED AND ADOPTED this 6th day of January 1998.
Rocky Randels, MAYOR
ATTEST:
FOR AGAINST
BURT BRUNS
TONY HERNANDEZ
BUZZ PETSOS
ROCKY RANDELS
JOY SALAMONE
Sandra Rozar Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Meeting Type: Regular
Meeting Date: 01-06-98
AGENDA
Heading
Resolutions
Item
No.
2
CITY OF
CAPE CANAVERAL
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION' NO. 98-01, SUPPORTING THE FLOIDA LEAGUE OF CITIES
CONSTITUTION REVISION RESOLUTION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council adopt Resolution No. 98-01.
Summary Explanation & Background:
See attached.
Exhibits Attached:
League of Cities memo; Constitution Revision Resolution
City Manager's Office
(Signature) Bennett Boucher
Department LEGISLATIVE
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RESLOUTION
The 1998 Constitution Revision Resolution
A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. (FLC),
ESTABLISHING POLICY POSITIONS CONCERNING THE REVISIONS TO THE
FLORIDA CONSTITUTION FOR CONSIDERATION BY THE 1998
CONSTITUTION REVISION COMMISSION.
WHEREAS, the FLC, whose membership consists of Florida's municipalities,
was created in 1922 to work for the general improvement of Florida's municipal
governments; and
WHEREAS, the 1998 Constitution Revision Commission was established in
June 1997, pursuant to Art. XI, § 2, Fla. Const., to review, consider and recommend to
Florida's electors proposed revisions to Florida's Constitution; and
WHEREAS, the FLC believes that local self government is the keystone to
American democracy and that consitutional muncipal home rule authority should be
protected and expanded; and
WHEREAS, municipalities are the only optional form of government, created
primarily to service the needs and desires of a local community; and
WHEREAS, municipalities are the governments closest to the people and are
governed by community leaders who have distinguished themselves as public servants;
and
WHEREAS, the more than 2000 municipal elected officials, representing 400
cities that comprise the League of Cities, believe that there will be a variety of the
proposals that could affect their home rule authority and ability to respond to the
needs and conveniences of their citizenry.
NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES,
INC., THAT THE CONSTITUTION REVISION COMMISSION RESPECTFULLY
CONSIDER THE FOLLOWING POSITIONS:
Constitutional Articles
Article I, Declaration of Rights
Section 1. That the FLC, opposes any change in Art. I, Fla. Const., or in any
other provision of the Constitution that would unreasonably infringe upon the rights of
all property owners in order to expand the rights of some property owners.
Section 2. That the FLC, supports an amendment to Art. I, § 6, Fla. Const.,
that would prohibit the legislature from enacting unfunded mandates relating to salary
and benefits for municipal employees or prohibit legislative action if such benefit is a
mandatory subject of local collective bargaining.
Section 3. That the FLC, opposes any change to Art. I, § 9, Fla. Const., or any
other provision in the Constitution that would limit constitutionally sound forfeiture
procedures.
FLORIDA LEAGUE OF CITIES, FLORIDA
LOCAL SELF-GOVERNMENT
Florida League of Cities
Resolution Continued
Section 4. That the FLC, endorses fairness in municipal hiring practices and
will support an amendment to the constitution that recognizes that employment
policies are a matter of local concern and dependent upon the unique circumstances of
each municipality.
Article II, General Provisions
Section 5. That the FLC, supports an amendment to Art. II, § 7, Fla. Const.,
relating to environmental protection, that ensures the prudent expenditure of taxpayer
dollars by requiring that state environmental regulations be supported by sound
scientific data, satisfies a cost/benefit test and achieves a benefit derived from the
environmental regulation that is rationally related to the costs to implement the
regulation.
Section 6. That the FLC, supports an amendment to Art. II, Fla. Const., or any
other provision of the Constitution that ensures fairness through procedural and
substantive due process for municipal officials and that restructures the Commission
on Ethics.
Article VII, Finance and Taxation
Section 7. That the FLC, supports amendments to close loopholes in the
"mandates" provision of Art. VII, § 18, Fla. Const.
Section 8. That the FLC, supports an amendment to Art. VII, § 1(a), Fla.
Const., to authorize municipalities to levy any tax the state and its political
subdivisions can levy if the tax is approved by the electors of the municipality.
Section 9. That the FLC, supports an amendment to Art. VII, § 3(a), Fla.
Const., that assures that municipal property shall not be subject to ad valorem
taxation.
Section 10. That the FLC, supports an amendment to Art. VII, § 1(a), Fla.
Const., to codify the courts'definition of"taxes," and assures municipalities retain the
home rule authority to levy"fees."
Article VIII, Local Government
Section 11. That the FLC, supports an amendment to Article VII, § 18, Fla,
Const., to sunset state mandates that have been imposed since 1990, the year on
which Florida's electorate adopted this provision and it became effective.
Section 12. That the FLC, supports an amendment to Art. VIII, § 2(b), Fla.
Const., to provide that a municipal ordinance prevails over a state law.
Section 13. That the FLC, supports an amendment to Art. VIII, § 2(c), Fla.
Const., which allows a municipality to annex unincorporated property expeditiously.
Section 14. That the FLC, supports an amendment to Art. VIII, § 2, Fla. Const.,
that assures a municipality's right to manage its right-of-ways and to receive fair
compensation for the use of its right-of-ways.
Section 15. That the FLC, supports an amendment to Art. VIII, § 2(b), Fla.
Const., to assure municipalities are vested with the authority to control zoning and
land use decisions.
Section 16. That the FLC, supports an amendment to Art. VIII, § 1(h), Fla.
Const., that eliminates taxation of citizens of municipalities for services that are
rendered by the county, and requires that in unincorporated areas, all municipal-type
(Illegible)
Resolution Continued
Article X, Miscellaneous
Section 19. That the FLC, supports an amendment to Art. X, § 13, Fla. Const.,
to assure the sovereign immunity of municipalities is the same as the state and its
agencies and political subdivisions, and opposes any provision that would expand the
tort liability of municipalities.
Article XI, Amendments
Section 20. That the FLC, supports an amendment to Art. XI, § 3, Fla. Const.,
to ensure the rights of municipal citizens by precluding any limitations on the powers
of municipalities through legislative or citizen initiated proposals that amend the
Constitution.
Other
Section 21. That the FLC, supports any proposed constitutional amendment
that recognizes and affirms the principle of municipal Home Rule and oppose any
proposal that restricts or limits the powers of municipalities to respond to the needs of
their citizens. Including the authority of municipalities to raise revenues.
Section 22. That a copy of this resolution be sent to the 1998 Constitution
Revision Commission members by the FLC.
PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference
assembled at the Hyatt Regency Hotel, Orlando International Airport, Orlando, Florida,
this 21th Day of November, 1997.
(Signature)
Samuel J. Ferreri, President
Florida League of Cities, Inc.
Mayor, City of Greenacres
ATTEST: (Signature)
Michael Sittig; Executive Director
Florida League of Cities, Inc.
Meeting Type. Regular
Meeting Date. 01-06-98
AGENDA
Heading Discussion
Item
No.
3
CITY OF
CAPE CANAVERAL
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COMMERCE STREET
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council authorize staff to coordinate with Shuford Development the dedication of this roadway to
the city and prepare a special assessment for its reconstruction.
Summary Explanation & Background:
A background memo was issued to the City Council on 12-26-97 explaining this issue.
Being that the largest property owner, Mr. Kuczek, has committed to pay his share of the cost and the other two
property owners have declined to do anything, the city should proceed as outlined above.
Exhibits Attached:
Memo dated 12-26-97
City Magager's Office
(Signature) Bennett Boucher
Department LEGISLATIVE
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CITY MANAGER'S
OFFICE
Memo
To: Mayor and City Council
From: Bennett C. Boucher, City Manager
CC: Kohn Bennett, City Attorney-W. Moran, Building Official
Date: 12/30/97
Re: Community Appearance Board
Before you read the rest of this memo, please take the time to read chapter 22,
article III, Community Appearance Review, to be re-aquatinted with this boards
purpose, procedures and review criteria.
The Community Appearance Board is a new board. It only has a little over one year
of working experience in which 22 applications, (see attached), were reviewed. The
foundation of the ordinance that created this board was from the hard work of an ad
hoc committee made up of one member from each city board. This ad hoc committee
worked for several months and reviewed numerous ordinances from other
communities in an effort to draft an ordinance that would pertain to our city.
None of the five original members of the Community Appearance Board was a
member of the ad hoc committee. Thus, this board had to learn how to conduct
reviews, gain experience with each new application, and try to understand the intent
of the ordinance. There was no board history or prior record for them to follow; they
had to make their own.
Can this process work? Yes it can, but with any new concept, we all have to learn as
we go and make changes as needed. I am suggesting that the Community
Appearance Board members, City Council, staff and Ad hoc committee members
have a joint workshop meeting to review status of the current ordinance and
• Page 1
procedures. I would like to have this meeting once we find two volunteers to fill the
vacancies we currently have on this board.
Until we have this workshop meeting, if desired, I would request that the City Council
members attend some of the Community Appearance Board meetings so you can
have first hand knowledge of the current process before any changes are suggested.
Please advise.
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