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Home My WebLink AboutAgenda Packet 07-07-1998City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 7, 1998 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: A1A Beautification Funding, William Bennix Local Government Assistance by Marguerita Engel, Intergovernmental Coordinator, St. Johns River Water Management District. City Scrap Book by Ann Thurm, City Historian. CONSIDERATIONS: 1. Motion to Approve: June 2, 1998 Regular City Council Meeting Minutes 2. Motion to Approve: St. Johns River Water Management District Stormwater Cost Share Grant Agreement 3. Motion to Approve: City Surplus Auction, Saturday, August 22, 1998 PUBLIC HEARINGS ORDINANCES — SECOND READING 4. Motion to Approve: Ordinance No. 23-98, Providing for a Referendum regarding Vacancies in Elected Offices. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE III OF THE CITY CHARTER; PROVIDING FOR \\cape-nt\cityclerk\cityclk\agenda\regular\1998\07-07-98. doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 FAX (407) 799-3170 City Council Regular Meeting Agenda July 7, 1998 Page 2 THE ELECTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO ARTICLE II, SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON, PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Motion to Approve: Ordinance No. 22-98, Antennas located on existing sites. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE DX, SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110-483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REVISED LIST OF ADMINISTRATIVE USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION: 6. Motion to Approve: Resolution 98-17; Establishing an Additional Officer to the Florida League of Cities. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA IN SUPPORT OF ESTABLISHING AN ADDITIONAL OFFICER TO THE FLORIDA LEAGUE OF CITIES, PROVIDING FOR AN EFFECTIVE DATE. 7. Motion to Approve: Resolution 98-18, Authorizing Participation in the Brevard County Local Mitigation Strategy Program and Designating a Representative to Serve on the Program Steering Committee. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING PARTICIPATION IN THE BREVARD COUNTY LOCAL MITIGATION STRATEGY PROGRAM AND DESIGNATION OF A REPRESENTATIVE TO SERVE ON THE PROGRAM STEERING COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 8. Amending Code Section 110-334, Special Exceptions Permissible by the Board of Adjustment. (Deleting Residential Construction in the C-1 Zoning District) 9. Amending Section 110-567(b), Relative Tree Point Values for Landscaping Purposes. 10. Patriots Park, Michelle Lehr \\CAPE-NT\cityclerk\CityClk\AGENDA\REGULAR\1998\07-07-98.doc City Council Regular Meeting Agenda July 7, 1998 Page 3 REPORTS: 11. City Manager's Report AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTRWED: 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. \\CAPE-NTcityclerk\CityClk\AGENDA\REGULAR\1998\07-07-98.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 2, 1998 7:00 P.M. MINUTES ROLL CALL: Members Present Burt Bruns (Arrived at 7:20 p.m.) Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Randels Members Absent Joy Salamone Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Deputy City Clerk, Susan Stills Public Works Director, Edward Gardulski Building Official, G. J. "Whitey" Moran BOARD MEMBER INTERVIEW <Tape 1, 60> Mayor Randels noted that City Council followed up on Ms. Simoes concern regarding the ship, the Topaz, expelling smoke in port. Canaveral Port Authority and the Coast Guard notified the ships Captain that dismissing smoke in harbor is not allowed. Attorney Bennett interviewed Ms. Jean Simoes for the Beautification Board. Ms. Simoes responded to residency questions that she did live at 603 Shorewood Drive and has lived there since February 3, 1997. She has no family members on a board or in pubic office. Mr. Hernandez asked if this board was her only choice. Ms. Simoes answered that the Beautification Board seemed the most appropriate for her interest. Mr. Hernandez questioned if there were openings on other City boards. After board vacancies were reported, Ms. Simoes queried the differences in the board activities. Attorney Bennett explained that the requirements for the Code Enforcement Board, Planning and Zoning Board and the Board of Adjustment are City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 2 different in that they render judgments. Ms. Simoes said that she would like to live in the City longer before making judgments on issues. Council thanked Ms. Simoes for her interest in the City. Mayor Randels stated that a Resolution to appoint Ms. Simoes would a placed on the June 16 agenda. CONSIDERATIONS: <Tape 1, 322> Motion by Mr. Petsos and seconded by Mr. Hernandez to approve the Regular City Council Meeting Minutes of May 5, 1998. The motion passed 3-0, with voting as follows: Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 2. <Tape 1,360> A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the low bid in RFP No. 98-07 to Silver Leaf Gardens for 250 Wax Myrtle Trees in the amount of $7,250 with funds obtained from Beautification. Mr. Gardulski stated that Kay McKee, Streets Supervisor, visited the Silverleaf Gardens and acquired a specimen for exhibit at the meeting. Mr. Petsos queried if the tree size were relative to 15 -gallon pots. Mr. Gardulski explained that the spread and height of the trees were considered and he noted that the depth breast height was immaterial. Mayor Randels stated that in the future the tree's elements might need to be considered instead of pot size. Mr. Gardulski affirmed Mayor Randel's question that this is part of the Manatee Park master plan. Mr. Hernandez questioned how many trees would be used for the new Patriot's Park. Mr. Gardulski answered roughly 50 would be planted along two portions of the fence. He explained that the tree planting at Patriot's Park would be a volunteer project scheduled for June 20, 1998. The motion passed 3-0, with voting as follows: Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. <Tape 1, 534> A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve moving forward with the Beach Sand Fencing and Vegetation Project with total funds not to exceed $10,000 from the contingency fund, and the project will begin in the area of Adams Avenue south to Johnson Avenue and continue from Washington Avenue north to Shorewood Drive, Mr. Petsos explained that the project would plant sea oats or beach tolerant vegetation and construct sand fencing. He stated that Canaveral Port Authority would match 50 percent of the funding. Mr. Petsos also requested that this be a volunteer project. Mr. Hernandez, although in favor of the project, stated two concerns. He queried if this project would conflict with the Beach Restoration Project and he expressed environmental concern toward the nesting sea turtles. Mayor Randels explained that this project would be built near existing dunes not near the beach and the fence would not impede the nesting turtles. Mr. Petsos stated that the beach sand fencing would aid in the dunes preservation. Mr. Hernandez questioned if the project's scope needed consideration. Mr. Boucher stated that to determine the project's scope would facilitate funding from the Port. (Mr. Bruns arrived at this time.) Mr. Nicholas asked if the City was seeking any grant funds. He stated that the Florida Department of Environmental Protection helped with prior crossover projects and the Tourist Development Council City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 3 funds were given for beach enhancement projects. Mr. Petsos responded that Department of Environmental Protection funds will not be awarded until the fall, however funds can not be spent prior to the award. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 4. <Tape 1,1033> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to provide staff a ranking order for the Engineering Inspection Services as follows: 1) Stottler, Starmer and Associates, 2) Hartman and Associates, Inc., and 3) Quentin - Hampton, Inc. Mr. Boucher explained that he, Mr. Gardulski, and Walter Bandish, Public Works' Chief Operator, comprised the committee that reviewed companies for the project in an open meeting. He stated that at this time Council's decision is to rank each firm in order for negotiation purposes. Mr. Hernandez spoke in favor of using Stottler, Stagg and Associates for the inspection services because they are a local company. Mayor Randels responded that the City's contract with Stottler provides that the bidding process is an alternative if the cost exceeds $25,000. Mr. Boucher stated that under Section III in Stottler's bid under related experience, the firm had performed only three related projects whereas other companies exceeded that number. Mayor Randels stated that under the Competitive Consultant's Competition Act, City Council can not discuss price. He stated that qualifications were the discussion's focus and that staff would negotiate a price starting with the first company, however if staff proceeded to the next company for negotiation, they can not renegotiate with the prior firm. Mr. Petsos stated that a representative from Stottler attended the meeting regarding the inspection services; however, the firm did not approach the City with an interest in the project. Mr. Hernandez responded that he was contacted by a firm member and did not think the City should have initiated the bid process since the company is local and has the experience. Mr. Boucher stated that staff searched for a firm with the qualifications and experience to perform a professional job in the City's residential section. Mayor Randels emphasized that qualifications are the major concern. He also queried that one firm proposed to dedicate a member to this job and asked Mr. Gardulski if this would be a 40 -hour per week commitment. Mr. Gardulski responded no and said that fewer hours would be needed as the project progressed. Mayor Randels questioned if the person providing the inspection service would act as technical advisor for the work done by the contracting company and ensure the best interests of the City. Mr. Gardulski affirmed and said that the job would also involve other duties relative to the project. Mr. Hernandez questioned if Stottler would have been included in the ranking order if they were not qualified. Mr. Gardulski stated that the committee ranked all bids submitted. He stated that Quentin -Hampton, Inc. has an extensive background with this type of project. Mr. Mark Hampton, of Quentin -Hampton, Inc., introduced members of his company. He emphasized that the company performed related work in various municipalities. The motion failed 3-1, with voting as follows: Mr. Bruns, Against; Mr. Hernandez, For; Mr. Petsos, Against; Mr. Randels, Against. Motion failed. Motion by Mr. Bruns and seconded by Mr. Petsos to accept staff's recommendation of ranking for the Engineering Inspection Services, RFP No. 98- City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 4 07 as follows: 1) Quentin -Hampton, Inc., 2) Hartman and Associates, Inc., and 3) Stottler, Stagg and Associate, Inc. Mr. Petsos encouraged staff to ensure that the project did not enter a 40 -hour per week commitment. Mr. Bruns queried if the inspector had the authority to direct the primary contractor. Mr. Gardulski explained that staffs specifications would provide the project's plan. The motion passed 4-0, with voting as follows: Mr. Bruns, For, Mr. Hernandez, For, Mr. Petsos, For, Mayor Randels, For. 5. <Tape 1, 3322> Mayor Randels requested that all parties involved present solutions for Commerce Street. Mr. Boucher stated that Mr. Hunts Shuford desired to dedicate the road to the City or the Federal government. Mr. Boucher stated that Mr. Shuford made an offer of $10,000 in order for the City to obtain title and prepare special assessments. Mr. Boucher explained further that once the city obtained title, it had the authority to make improvements on the roadway using the special assessment process. (F.S. 170) Mr. Bruns questioned if the amount of special assessments to the adjacent property owner would be approximately $72,000. Mr. Boucher affirmed and stated that he required Council's direction to proceed with special assessments. He also noted the provisional drainage basins that would be used by the property owners costing approximately $8 - 9,000. Mr. Boucher stated that absorbing the cost the drainage basins would offset the cost for the property owners considerably. Mr. Bruns queried infrastructure on the street. Mr. Boucher responded that the City of Cocoa would relocate any water lines. Mr. Boucher asked if Council was agreeable to obtaining a quit -claim deed and accepting Mr. Shuford's $10,000 offer. Mr. Hernandez queried if the City could force Mr. Shuford to pay the expense to repair the street because of the ingress and egress issue making the road a quasi -public road under the jurisdiction of the City or the State. Attorney Bennett explained that while there are many prescriptive easements by law, they are a different issue from maintenance standards. Mr. Arthur Berger, property owner, stated that he would be assessed approximately $18,000 for two lots. He explained that the Post Office was encouraged to use Commerce Street to impede road cuts on State Road A1A. He said that he had proposed to repair the road for $52,000, however, the City elevated the standards for the road that effected a new cost of $90,000 for construction. Mr. Berger emphasized that the Post Office was the main benefactor of using the road. Mayor Randels asked for clarification that the cost at one time was $52,000 to proceed with the street's repair to standard with adequate funds from all property owners. Mr. Boucher interjected that that was before the soil -boring test. Mr. Berger said that his cost would have been only $6 -to $7,000 toward the $52.000 total cost. Mr. Berger suggested a temporary overlay on the road. Mr. Donald Haynes, property owner, expressed that Chandler Street was assessed with acceptance from the property owners. Mr. Boucher suggested that Council direct Attorney Bennett to draft a settlement agreement with an invoice for a one and one-half inch overlay repair with funding of $2,000 each from Mr. Berger and Mr. Haynes and $4,000 from Mr. Kuczek, of the Post Office. Attorney Bennett recommended that Council address drafting an City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 5 ordinance regarding public and private roads to avoid situations such as Commerce Street in the future. No motion was required for this item. 6. <Tape 2, 1244> A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve a $50,000 Cost Sharing Grant with St. John River Water Management District, for Phase II Reuse. Mr. Boucher commended Mr. Gardulski for acquiring the funds. Mayor Randels explained that $50,000 would be used for each portion of the Reuse project. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 7. <Tape 2, 1316>A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve a $50,000 Cost Sharing Grant with St. Johns River Water Management District, for Phase III Reuse. Mr. Bruns questioned Mr. Gardulski on the City's reuse capacity. Mr. Gardulski stated that the City has an adequate water supply for Phases II, III and IV of the Reuse project. Mr. Petsos queried the projected start date. Mr. Gardulski answered approximately late June, or early July. The pre -construction meeting is scheduled for June 1 la`. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. RESOLUTIONS: 8. <Tape 2, 1533> Resolution No. 98-13 was read by Mayor Randels. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to appoint one regular member to the Code Enforcement Board inserting the name Jeffrey Ratliff and under designation, Business Person, with a term to expire on October 1, 2001. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. 9. <Tape 2, 1656> Resolution No. 98-14 was read by Mayor Randels. A RESOLUTION APPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Petsos and seconded by Mr. Bruns to appoint one regular member to the Community Appearance Board inserting the name Alice Nielsen with a term to expire on May 1, 2000. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. PUBLIC HEARINGS ORDINANCE — FIRST READING City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 6 10. <Tape 2, 1694> Mayor Randels read the title of the ordinance. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-1, DEFINITIONS, BY AMENDING OR ADDING THE DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDINGS, AND FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Mr. Bruns and seconded by Mr. Hernandez to approve Ordinance No. 19-98, Amending or Adding the Definition for Existing Grade, Finish Grade, Height of Building and Fences, for second reading. Mr. Boucher explained that Attorney Bennett added language to define grade. Mayor Randels clarified that this language would also address height of building and fences. Mr. Petsos queried if the verbiage regarding wood or similar lightweight material included chain link to which Attorney Bennett affirmed. Mr. Hernandez questioned if this precluded concrete walls. Attorney Bennett responded that a wall has its own definition. The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Randels, For. DISCUSSION 11. <Tape 2, 1886> Ordinance No. 20-98, Special Exceptions Permissible by Board of Adjustments. Mr. Boucher provided background for discussion. He stated that the Local Planning Agency addressed this issue in light of maintaining commercial district consistency. Mayor Randels clarified that the intent of the ordinance is to eliminate residential buildings by special within commercial districts. Mr. Berger addressed Council on the intent and referred to the City's Mission statement regarding its objective to be a residential community. Mr. Berger stated that this would preclude future residential construction. Attorney Bennett explained that deleting this portion of the ordinance does not eliminate special exception for use. Mayor Randels queried what was the Planning and Zoning Board's intent with this ordinance. Ms. McNeely, Planning and Zoning Chairperson, stated that the Planning and Zoning Board was looking ahead toward density. Due to traffic on North Atlantic Avenue from residents with more than one vehicle, the Board favored zoning on the side of commercial for emergency evacuation purposes. Mr. Martin Green, Green International Associates, expressed that Cape Canaveral is well known in Great Britain and Europe and there is a great demand for residential units in Cape Canaveral. He stated that the proposed ordinance would impede residential growth. Mr. Green noted that several commercial properties have been vacant in the city for many years, and if the city disallows residential properties in certain zones, this would create a void for available residential property. Discussion followed on the commercial district on the North Atlantic corridor. Mr. Petsos queried why the Local Planning Agency elected to retain commercial zoning on North Atlantic Avenue on the proposed amendments to the Comprehensive Plan. Ms. McNeely City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 7 explained that residential density would significantly impact Atlantic Avenue. Mayor Randels questioned if the zoning could be changed from commercial to residential. Mr. Moran explained that the Board's decision was to extend to Council the latitude in providing the City's intent. Mayor Randels recommended that this item be placed on the next agenda for further discussion. 12. <Tape 2, 3364>Consider placing a referendum issue on the November 3`d ballot. Attorney Bennett explained that this issue is two -fold regarding 1) time and 2) how the City elects at large. He stated that the resign to run law reads that a Council member must resign ten days before the qualifying period. There is period of 24 -days in which to run with advertising requirements during that time. Mayor Randels referenced his resignation in 1997 in order to run for Mayor that did not provide enough time to notify the public of the vacancy; therefore, Council elected someone to complete his unexpired term. Attorney Bennett stated that there are currently no specific seat designations with three seats available in this year's campaign. Attorney Bennett suggested extending time on the front end of the qualifying period. Mayor Randels related that in 1997 his seat did not become available until the day before the election. Mayor Randels asked for a consensus on continuing the meeting to 10:15 P.M. Council agreed by consensus to continue. Attorney Bennett recommended leaving the vacancies in elected offices as is with a provision to read , "not withstanding the foregoing if a vacancy is going to be created at the date of election due to the Florida Statutes resign to run law [include Statute Number], then it shall be deemed to be a vacated office at the date of election and a general election shall be held for the remainder of that term." Attorney Bennett explained that even though a resignation is in effect until the day after the election, by statute it is deemed vacated at the time of the resignation, although the candidate sits on Council, and a general election would be held for the vacancy of the term. With regard to the City Clerk's recommendation of seat designations, Attorney Bennett recommended an ordinance change stating that if there are more than one seat of different terms, the seats would be filled by the lowest number of votes. 13. <Tape 2, 227 > Ordinance No. 14-98, Relative to Tree Point Values. Due to the hour, this item will be placed on the City Council Regular Meeting agenda of June 16, 1998. 14. <Tape 3, 236> Review the Proposed Amendments to the Library Lease Agreement with Brevard County. Mr. Boucher stated that this item would also be placed on the June 16"' City Council agenda. Mr. Boucher expressed concern that the City would be liable for the Library's entire contents. Mr. Petsos also expressed concern that the agreement's second whereas clause did not define that the City owns the building. There were no comments from the audience. City of Cape Canaveral, Florida City Council Regular Meeting Minutes June 2, 1998 Page 8 REPORTS City Manager<Tape 3, 352> • Mr. Boucher distributed complimentary hats and stated that Brevard County designated June as Hurricane Awareness Month. • Mr. Boucher announced that Mr. Gardulski and Water Reclamation staff would conduct a Reclaimed Water workshop for Harbor Heights, on June 11, 1998, from 7 to 8 P.M. in the Library Meeting Room. • Mr. Boucher reported that the Banana River Park plans are in progress. • Mr. Boucher announced that the employee picnic would be at Cherie Down Park on June 27th. • Mr. Boucher reported that the Evaluation and Appraisal Report based Comprehensive Plan Amendments and the C-2 Zoning and changes to the Future Land Use Map are scheduled for the City Council meeting on June 16, 1998. • Mr. Boucher reported that he received a letter from the Florida Department of Transportation stating that they will not reduce the speed limit on State Road AIA, modify the turn lanes, or locate a traffic light at SR A1A and Polk Avenue. Mayor Pro Tem Petsos Mr. Petsos encouraged Council and staff to attend the Space Coast League of Cities dinner meeting on June 8, 1998. Council Member Hernandez Mr. Hernandez reported that the Cuban art pieces donated to the Library were in need of frames. He estimated the cost of framing at $200 to $400. There being no further business the meeting adjourned at 10:15 P.M. Rocky Randels, MAYOR Susan Stills, DEPUTY CITY CLERK Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCEL OF THE CITY OF CAPE CANAVERAL SUBJECT: ST. JOHNS STORMWATER MANAGEMENT COST-SHARING GRANT AGREEMENT DEPT./DIVISION: PUBLIC WORKS Requested Action: That the City Council consider the approval of this 50-50 matching grant with the St. Johns River Water Management District. Summary Explanation & Background: St. Johns has awarded up to $20k and the city will have to appropriate a $20k match from general fund reserves. Per the attached memo from the public works director, the grant gives the city the flexibility of finding a project location. SSA has submitted a design and permitting proposal in the amount of $4,700 for the International Drive out fall. Please advise. Exhibits Attached: Public works director's letter of 06-29-98; SSA: proposal of 06-26-98; Agreement City Manager's Office Bennett C. Boucher Department PUBLIC WORKS G:/admin/council/meeting/1998/07-07-98/SJRWMD.doc MEMORANDUM TO: Bennett Boucher City Manager From: Edward Gardulski Public Works Director Date: June 29, 1998 RE: SJRWMD Storm Water Grant The SJRWMD grant application for storm water improvement allows for changes to allow for the best available location and method for treatment. The final plans are subject to approval by the SJRWMD. With Council approval of the grant document, the City will only receive 50% of the cost, not to exceed $20,000. City Staff and SSA Engineers have been reviewing sites for the implementation of a storm water treatment process of some type. The City first reviewed the installation of a baffle box. The primary location was to be at the end of Center Street. The reason for this location was due to the ease to perform maintenance. The maintenance of a baffle box would entail the use of a large vac -truck. The Center Street is the best location that would allow access for maintenance. At the same time the City was reviewing the Center Street location, Canaveral Hospital also developed an interest for storm water treatment at this same location. The scope of this project is to develop a storm water pond. This area has a large amount of land that may be available. The construction of a storm water pond is a better type of treatment and more costly then the baffle box. Due to the cost and size of this project, it would be beneficial to the City to allow Canaveral Hospital finance and construct this project. The City is waiting for a response from the property owner. The second location under consideration by City Staff is the retention pond located at the end of International Drive. This location is on private property too. This site is favorable due to the size of the pond that can be constructed. The property owners have a need and a will to grant the City the property for the construction of a storm water pond. The project will be a win-win endeavor. Both projects are still in the conceptual phase. It is recommended that the City move ahead with the project located at the end of International Drive. This project will meet the needs of the City and is within the City's budget. June 26, 1998 SSA Mr. Ed Gardulski Director, Public Works City of Cape Canaveral Post Office Box 326 Cape Canaveral, FL 32920 Re: International Drive Drainage System Improvements SSA Project No. 98033 Dear Ed: In accordance with our discussions on project approach for the referenced project, SSA proposes to perform the following services: Field Surveys will establish existing grades and locate aboveground utilities within the area of improvements. The final document will serve as a base drawing for construction plans. SSA will also research property ownership adjacent to the proposed retention pond area and prepare legal descriptions and sketches to assist City personnel with developing easement agreements with the property owners. Finally, SSA will assist with recording of easement documents in records of the City of Cape Canaveral. Project Coordination will assist the City with obtaining owner cooperation, determining required permits, obtaining St. Johns' approval for use of grant monies for a portion of the project, review and recording of easements with the City and review of geotechnical data supplied by the City's consultant. Final Design and Construction Documents will be prepared incorporating City, Owner, and agency requirements. The design will essentially consist of removing the direct outlet to the river and expanding the existing detention pond as practicable, installing a new discharge structure from the upstream drainage basin into the pond and installing a new control structure connected to the existing pipe and headwall at the river. Plans will include nominally, cover sheet, general notes, general details, site grading plan and details. Work will also include a gross scale assessment of the drainage basin based on existing maps and data provided by the City and other agencies and provide a brief report of findings to the Grants section of St. Johns to further assist the city with securing grant monies. A Permit Application, as required by St. Johns regulation 40C-42, including one request for additional information will be prepared and submitted with supporting information to assist the City with obtaining a construction permit from the agency. Construction Support Services will include three (3) site visits and one (1) certification inspection. Proposed Fees will be lump sum based upon projected manhours required to perform the work at $70.00 per hour for individuals and $75.00 per hour for survey crews in accordance with our agreement with the City. Field Surveys $2,620.00 Project Coordination 700.00 Final Design and Construction Drawings 1,400.00 Permit Application 560.00 Construction Support Services 420.00 TOTAL $4,700.00 STOTTLER STAGG & ASSOCIATES ARCHITECTS - ENGINEERS - PLANNERS, INC. [printed-illegible/unread] North Atlantic Avenue P.O. Box 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Fax 407 783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 C:\pekar\gardulski2.doc Mr. Ed Gardulski June 26, 1998 Page two The following items are not included in the proposed Scope of Services: • Payment of any agency application fees • Permit applications beyond those described in the Scope of Services • Off-site drainage studies beyond those described in the Scope of Services • Grant applications • Field staking of construction work • Preparation of record drawings • Title searches • Utility relocation or redesign We are ready to begin work on this important project under the terms and conditions of our existing agreement with the City and, upon receipt of a work order from you. Please do not hesitate to call me if you have any questions. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. John A. Pekar, P.E. Vice President JAP:dl WATER MANAGEMENT DISTRICT Henry Dean, Executive Director John R. Wehle, Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329-4500 SUNCOM 904-860-4500 TDD 904-329-4450 TDD SUNCOM 860-4450 (Legal) 329-4485 (Permitting) 329-4315 (Administration/Finance) 329-4508 (Planning and Acquistion) 329-4848 ----------- SERVICE CENTERS---------------- 618 E. South Street 7775 Baymeadows Way Orlando, Florida 32801 Suite 102 407-897-4300 Jacksonville, Florida 32256 TDD 407-897-5960 904-730-6270 June 15, 1998 TDD 904-448-7900 PERMITTING: OPERATIONS: 305 East Drive 2133 N. Wickham Road Melbourne, Florida 32940 Melbourne, Florida 32935-8109 TDD 407-722-5368 407-752-3100 TDD 407-752-3102 June 15, 1998 Mr. Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Fl. 32920-0326 Re: July 7 City Council Meeting Dear Bennett: As Intergovernmental Coordinator for the St. Johns River Water Management District, Office of Policy and Planning, I am requesting an appearance before Cape Canaveral City Council at the July 7, 1998 meeting. The topic will be "Local Government Assistance" and I will be addressing the types of assistance and materials offered by the District. City Council meetings serve as an excellent opportunity to communicate District information to elected officials, the staff, and citizens. Therefore, I am looking forward to addressing the Cape Canaveral City Council. If you have any questions or if there is a problem with my request, please call me at 676-6606. Thank you for your assistance. Sincerely, Marguerital Engel, Intergovernmental Coordinator Dan Roach, CHAIRMAN Kathy Chinoy, VICE CHAIRMAN James T. Swann, TREASURER Otis Mason, SECRETARY FERNANDINA BEACH PONTE VEDRA COCOA ST. AUGUSTINE William M. Segal Griffin A. Greene James H. Williams Patricia T. Harden Reid Hughes MAITLAND VERO BEACH OCALA SANFORD DAYTONA BEACH Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF CITY AUCTION DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council authorize staff to conduct a city auction for the items on the attached list. Summary Explanation & Background: Auction items are vehicles and bikes. Items will be viewed on 08-22-98 with sealed bids to be submitted no later than 2:00 p.m., 08-28-98. I recommend approval. Exhibits Attached: Auction items. City Manager's Office Bennett C. Boucher Department ADMMSTRATION g:/admin/council/meeting/1998/07-07-98/auction.doc CITY OF CAPE CANAVERAL, FLORIDA SALE OF ABANDONED & IMPOUNDED PROPERTY BID NO. 98-09 INSTRUCTIONS TO BIDDERS 1. Bids must be submitted on the attached forms provided by the city. Bids will be accepted on one item, or a combination of two items or more as specified. However, each designated item(s) must be bid individually. The name, address and phone number of the bidder must be provided in order to place a bid. 2. Items for sale may be viewed on Saturday, August 22, 1998 between the hours of 10:00 A.M. and 2:OOP.M. at the Public Works Facility, 600 Tower Blvd, and the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Brevard County, Florida. 3. Sealed bids will be accepted by the City Clerk, at the City Hall building, 105 Polk Avenue, Cape Canaveral, Florida until Friday28 August, 1998 at 2:00 P.M. prevailing time, at which time they will be publicly opened at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. 4. Bids must be enclosed, sealed and marked on the outside of the envelope; Bid No. 98-09, and mailed or hand delivered to the City Clerks office, Cape Canaveral City Hall, 105 Polk Avenue, (mailing -Po Box 326), Cape Canaveral, Florida 32920- 0326. No bids will be accepted after the date and time specified above. 5. The City of Cape Canaveral is selling only its interest in the property, as is, where is, and makes no warranties whatsoever, including merchantability of the property, or liens or other encumbrances. 6. Each bidder is responsible for knowing which item he or she bid on. The number on the bid form corresponds to the label on the specified item, (1-52) "Mistakes" will not be honored. If you become the winning bidder, you have effected a contract and will be expected to pay for the item. Refusal to pay could warrant court action. 7. In case of tie bids, the City has the right to award the bid to any one of the bidders. The City reserves the right to waive any informalities and reject any or all bids. Full payment will be required prior to removal of any item, cash only shall be accepted. 8. Items shall be removed at the bidder's expense. Successful bidder must remove items no later than 5:00 P.M., on Saturday, September 12 1998 Arrangements for removal of awarded items may be made by calling (407)-868-1222, Building Department. Failure to comply with any requirement may result in rejection of any bid. CITY OF CAPE CANAVERAL AUCTION OF ABANDONED & IMPOUNDED PROPERTY BID # 98-09 NAME OF BIDDER: DATE: ADDRESS: HOME PHONE: WORK PHONE: CITY OF CAPE CANAVERAL AUCTION OF ABANDONED & IMPOUNDED PROPERTY BID # 98-09 The following items will be displayed at 600 Tower Blvd, Cape Canaveral, Florida Public Works Facility; BID# MOTOR VEHICLES Minimum Bid - $15.00 1. 1984 Chrysler Lebaron (Vin# 1C3BCS5DOE6200668) 2. 1980 Crown Victoria LTD (Vin # 1FABP35F9BU139368) 3. 1978 Pontiac Catalina (Vin# 269Y8X128228) 4. 1988 Plymouth Horizon (Vin# 1P3BM18D8JY130217) 5. 1986 Oldsmobile 88 (Vin# 1G3HN69L3G1815835) 6. 1986 Volkswagon Quantum (Vin# WVWFB0323GE201096) 7. 1982 GMC PIck-up Truck (Vin# 1GTDC14H8CS515884) 8. 1973 Cheyenne Pick-up Truck (Vin# CCX1432149824) 9. 1982 Toyota Celica (Vin# JT2RA64L306046394) 10. 1986 Pontiac Sunbird (Vin# 1G2JU270XG7542593) 11. 1988 Oldsmobile Cutlass (Vin# 1G3AR69A7BM407530) 12. 1974 BMW 2002 (Vin # not verified) 13. 1986 Oldsmobile Cutlass (Vin# 1G3GR69Y5GR359737) 14. 1985 Chevrolet Step Van (1GCHP32M81`3335109) CITY OF CAPE CANAVERAL SURPLUS AUCTION BID NO. 98-09 PAGE 2 The following items will be displayed at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida; BID # BIKES Minimum Bid $2.00 15. Huffy- Mans Black 10 Speed, Serial # 43269Huffy 16. R. Union — Boys Blue 15 Speed, Serial # 94-0904080 17. Murray — Ladies Blue Beach Cruiser, No Serial # 18. Huffy — Mans Grey 10 Speed, Serial # 91430Huffy 19. Ladies Red Beach Cruiser, No Serial # 20. Murray — Boys Red 10 Speed, Serial # D76886UK5 21. Sil-Cycle — Ladies Blue 10 Speed, Serial # 562C736 22. Schwinn- Ladies Blue Beach Cruiser, No Serial # 23. Huffy — Mans Blue 10 Speed, Serial # 9120Huffy5454 24. Murray — Ladies Blue 10 Speed, Serial # X3657112 25. Ron Jon — Mans Blue Beach Cruiser, No Serial # 26. Huffy — Mans Orange 10 Speed, Serial # HC6075644 27. Dyno — Boys Silver BMX, Serial # SY6A000002 28. Miyata — Mans Blue 5 Speed, Serial # DS80503009 29. Huffy- Mans Black 10 Speed, Serial # 55603-9223312 CITY OF CAPE CANAVERAL SURPLUS AUCTION BID # 98-09 PAGE 3 The following items will be displayed at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida; BID # BIKES MINIMUM BID $2.00 30. Huffy — Mans Black 10 Speed, Serial # 56603-9237311H5011 31. R. Master — Mans Green 15 Speed, Serial # RMC22539221 32. Free Spirit — Mans Black 10 Speed, Serial # 16641-9284411831 33. American Racer — Mans Brown 10 Speed, No Serial # 34. R. Master — Mans Black 10 Speed, Serial # RMC23147429 35. Mans Black Beach Cruiser, No Serial # 36. Schwinn — Mans Black Beach Cruiser, No Serial # 37. Ross — Mans Black 10 Speed, No Serial # 38. Zenital — Blue Toddler's Bike, No Serial # 39. Huffy — Ladies Blue 10 Speed, No Serial # 40. Schwinn — Girls Pink Banana, No Serial # 41. Huffy — Mans Black 10 Speed, No Serial # 42. Raleigh- Mans Red 10 Speed, No Serial # 43. Murray — Mans Blue 10 Speed, No Serial # 44. Ross — Ladies Blue 10 Speed, No Serial # 45. Magna — Ladies Blue 10 Speed, Serial # 8541-96 CITY OF CAPE CANAVERAL SURPLUS AUCTION BID # 98-09 PAGE 4 The following items will be displayed at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida; BID # BIKES MINIMUM BID $2.00 46. Mans Black Beach Cruiser, No Serial # 47. Diamond Back — Mans Red 10 Speed, No Serial # 48. Roadmaster — Ladies, Serial # RMC60122794 49. Caloi — Ladies Black Beach Cruiser, No Serial # 50. Murray — Mans Blue 10 Speed, Serial # MON4214539 51. Caloi — Mans Black Beach Cruiser, Serial # 670237 52. Moped Body, No Serial # Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Ordinances -2nd Reading item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 23-98, VACANCIES IN ELECTED OFFICES DEPT./DIVISION: LEGISLATIVE Requested Action: ^ That the City Council consider approval of placing the charter amendment on the November, 1998 ballot. Summary Explanation & Background: The charter amendment will state that if a councilmember were to resign under the Florida Resign to Run Law, then that seat would be filled by a vote of the electors. Please advise. Exhibits Attached: Ordinance No. 23-98 City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/07-07-98/23.98.doc ORDINANCE NO. 23-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE IH OF THE CITY CHARTER; PROVIDING FOR THE ELECTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO ARTICLE III, SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, as follows: SECTION 1. STATEMENT OF POLICY. (a) The City Council finds that the present Section 4, Vacancies in Elected Offices, of Article III of the City Charter provides that Council shall fill the vacancy of one of its elected members if that member resigns the position pursuant to the provisions of F.S. 99.012(3). (b) The City Council has determined that it is in the City's best interests that a vacancy created in such a matter should be filled by a vote of the electors at the same general election for which the vacating Council Member seeks qualification and election. (c) The City Council finds that the adoption of new procedures to fill a vacancy caused by the resign to run provision of F. S. 99.012(3) by general election as opposed to appointment by the remaining Council Members to be in the best interests of the citizens and voters of the City and is necessary for the health, safety, and welfare of the City and its inhabitants. SECTION 2. Article III, Section 4, Vacancies in Elected Offices, of the City of Cape Canaveral Charter is hereby amended to read as follows (underlined text is an addition to the existing text of the City Charter): City of Cape Canaveral Ordinance No. 23-98 Page 2 ARTICLE III SECTION 4, VACANCIES IN ELECTED OFFICES If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, or a vacancy occurring due to a Council Member's resignation pursuant to F.S. 99.012(3) commonly referred to as the "resign to run laws' the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Member who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any Council Member so elected shall take office immediately upon that person's election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Council Members to fill the vacancies on the City Council and appoint successor Council Members to fill the vacancies on the City Council and any Council Members so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Council Members whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appointments shall be made within six (6) months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the next General Election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. If a vacancy occurs in the City Council, due to a resignation pursuant to the resign to run provision of F.S. 99.0120, then the vacancy shall be filled by a vote of the electors of the City for the remainder of the original term at the same election for which the vacating Council Member seeks qualification and election, even though the vacating Council Member's resignation may not be effective until after the day of the election. SECTION 3. EFFECTIVE DATE. This Ordinance shall not become effective unless a majority of the qualified electors of the City of Cape Canaveral vote in favor of the proposed amendment to the City Charter as described in Section 2 of this Ordinance at the next regular election of the City to be held in November, 1998. In the event a majority of the qualified electors of the City of Cape Canaveral vote in favor of the proposed amendment contained in Section 2 of this Ordinance, the amendment to Article G:\CityClk\ordinances\Referendian Vacancies in Elected Office.doc City of Cape Canaveral Ordinance No. 23-98 Page 3 III, Section 4, of the City of Cape Canaveral Charter shall be effective on December 1, 1998. SECTION 4. The voting machines and paper ballots for the November 1998 election at which proposed amendment to Article III, Section 4 of the City of Cape Canaveral Charter shall carry the following designation, which shall be the title and explanatory statement of the proposed amendment: Yes No Amendment No. THE VACANCY IN ELECTED OFFICE CHARTER AMENDMENT OF 1998 OF THE CITY OF CAPE CANAVERAL Should the City Charter be amended to provide that a vacancy created in the City Council, by virtue of a Council Member's resignation under the State of Florida resign to run law to seek election at another position, be filled by a vote of the general electors of the City at the same general election rather than by appointment by the remaining Council Members. Each elector of the City of Cape Canaveral voting at said election and desirous of voting for or against said amendment shall indicate his or her choice by depressing the appropriate counter of the voting machine which indicates the word "Yes" or the word "No" or by marking on paper ballots, where used. SECTION 5. NOTICE. The proper officials of the City of Cape Canaveral shall give notice of the proposed amendment to be presented at the November 1998 City election, which notice shall be published in the manner and for the length of time required by law. G:\CityClk\Ordinances\Referndum Vacancies in Elected Office.doc City of Cape Canaveral Ordinance No. 23-98 Page 4 SECTION 6. SEVERABILITY. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected thereby and shall continue in full force and effect. SECTION 7. CONFLICTING ORDINANCE AND RESOLUTIONS. Any ordinance or parts of an ordinance in conflict herewith are hereby repealed to the extent of such inconsistency or conflict. SECTION 8. SUBMISSION OF VOTERS. This Ordinance, as an act of the City Council submitting the proposed amendment to Article III, Section 4 of the City of Cape Canaveral Charter to the qualified electors of the City, shall take effect immediately upon its adoption for the purpose of submitting the amendment to the electors of the City, but shall become effective as part of the City Charter only upon the vote of the qualified electors of the City of Cape Canaveral at the November 1998 election. G:\CityClk\Ordinances\Referendum Vacancies in Elected Office.doc City of Cape Canaveral Ordinance No. 23-98 Page 5 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of July, 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: June 16, 1998 Posted: June 17, 1998 Published: June 21, 1998 Second Reading: July 7, 1998 G:\CityClk\Ordinances\Referendum Vacancies in Elected Offices.doc Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Ordinances -2nd Reading Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 22-98, AMENDING SECTION 110-483, WIFELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council review and consider this amendment that would provide for screening for telecommunications towers. Summary Explanation & Background: This was recommended by the P&Z Board at their 06-10-98 meeting. See attached staff report. Please advise. Exhibits Attached: Staff report; Ordinance No. 22-98 City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MANAGEMENT g:/admin/counciil/meeting/1998/07-07-98/22-98.doc ORDINANCE NO. 22-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110-483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REVISED LIST OF ADMINISTRATIVE USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. Subparagraph (b) of Paragraph 6 of Section 110-483, Wireless Telecommunication Towers and Antennas, is hereby amended by the addition of a new clause (3), as follows: Sec. 110-483. Wireless telecommunication towers and antennas. 6(b)(3) Antennas located on existing sites at grade level subject to compliance with separation distances as established in paragraph 7(b)(5), compliance with all adopted building codes and adequate screening from adjacent property and city rights -of -ways. SECTION 2. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Any ordinance or parts of an ordinance, in conflict herewith are repealed. SECTION 4. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 22-98 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of July, 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: June 16, 1998 Posted: June 17, 1998 Published: June 21, 1998 Second Reading: July 7, 1998 \\ CAPE -NT\cityclerk\CityClk\Ordinances\Wireless Telecommunication Towers Amendment.doc City of Cape Canaveral MEMORANDUM June 11, 1998 To: Sandra O. Sims, City Clerk From: Steven E. Bapp, Planning and Zoning Technician [intitial-SEB] Re: Proposed Ordinance, Sec 110-482, Cape Canaveral Code of Ordinances. The Planning and Zoning Board recommended approval (June 10th, 1998) of an Ordinance that will update Sec. 110-482, wireless telecommunication antennas. This Ordinance will become Sec. 110-482 6 (b)(3) Antennas located on existing sites at grade level subject to compliance with all adopted building codes and adequate screening from adjacent property and city rights-of-way. The City Attorney has drafted the appropriate proposed Ordinance for approval by the City Council. Please place this Ordinance on the City Council agenda. Please contact me if you have any questions regarding this issue. Cc: Whitey Moran, CBO File 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 • FAX 1407) 799.3170 ZONING / 1110-488 ers or structures, such as a cable microcell network using multiple low powered transmit- ters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or an- tenna development shall not be presumed to render the technol- ogy unsuitable. (4) Setbacks. The following setback re- quirements shall apply to all towers for which a special exception is re- quired; provided, however, that the board of adjustment may reduce the standard setback requirements if the goals of this section would be better served: (i) Towers must be set back a dis- tance equal to at least 75 per- cent of the height of the tower from any adjoining lot line. (ii) Guys and accessory buildings must satisfy the minimum zon- ing district setback require- ments. (5) Separation. The following separa- on requirements shall apply to all vers and antennas for which a special exception is required; pro- vided, however, that the board of adjustment may reduce the stan- dard separation requirements: if the goals of this section would be better served thereby. (i) Separation from off-site uses/ designated areas. (a) Tower separation shall be measured from the base of the tower to the lot a of the off-site uses and/or des- ignated areas as six cified in Table 1, except as other- wise provided in Table 1. (b) Separation requirements for towers shall comply with the minimum stan- dards established in Table 1. Table 1 Off-site Use / Designated Area Single-family or duplex residential units1 Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subvision plan approval which is not expired. Vacant unplatted residentially zoned lands3 Existig multi-family residential units greater than duplex units Non-residentially zoned lands or non-residential uses Highway A1A Separation Distance 200 feet or 300 percent height of tower whichever is greater 200 feet or 300 percent height of tower2 whichever is greater 200 feet or 300 percent height of tower whichever is greater None; only setbacks apply 200 feet or 100 percent height of tower whichever is greater 1Includes moaular homes and mobile homes used for living purposes. 2Separation measured from base of tower to closest building setback line. 3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any, multi -family residentially zoned land greater than duplex. Supp. No. 5 CD110:64.7 $ 110-483 CAPE CANAVERAL CODE (ii) Separation distances between towgrs. (a) Separation distances be- tweeh towers shall be ap- plicable for and measured between the proposed tower and preexisting tow- ers. The separation dis- tances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (list- ed in linear feet) shall be as shown in Table 2. (b) Table 2: Existing Towers—Types Lattice Guyed Monopole 75 ft in Height or Greater Monopole Less Than 75 Ft in Height Lattice 5,000 ft 5,000 ft 1,500 ft 750 ft Guyed 5,000 ft 5,000 ft 1,500 ft 750 ft Monopole Than 75 Ft in Height or Greater 1,500 ft 1,500 ft 1,500 ft 750 ft Monopole Less Than 75 FT in Height 750 ft 750 ft 750 ft 750 ft (6) Security fencing. Towers shall be en- closed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti- climbing device; provided however, that the board of adjustment may waive such requirements, if the goals of this section are better served thereby and the public health, safety, and welfare is not adversely affected by such waiver. (7) Landscaping. In addition to any other applicable landscaping requirements in the zoning ordinance, the follow- ing requirements shall also govern the landscaping surrounding towers for which a special exception is re- quired; provided, however, that the board of adjustment may waive such requirements if the goals of this sec- tion would be better served thereby. (i) Tower facilities shall be land- rimeter may be sufficient buffer. scaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a land - scaped strip at least four feet wide outside the perimeter of the compound. (ii) In locations where the visual impact of the tower would be minimal, the landscaping re - quirement may be reduced or waived by the board of adjust - ment if the goals of this section would be better served thereby. (iii) Existing mature tree growth and natural land forms on the site shall be preserved to the maxi- mum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property pe - rimeter may be sufficient buffer. Supp. No. 5 CD110:64.8 Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Resolutions Item No. 6 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-17, ESTABLISHING AN ADDITIONAL OFFICER TO THE FLORIDA LEAGUE OF CITIES DEPUDIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of this resolution supporting the creation of an additional officer(s) to the Florida League of Cities. Summary Explanation & Background: Mayor Randels will provide background information on this matter. Please advise. Exhibits Attached: City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/07-07-98/98-17.doc RESOLUTION NO. 98-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA IN SUPPORT OF ESTABLISHING AN ADDITIONAL OFFICER TO THE FLORIDA LEAGUE OF CITIES, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida League of Cities holds an annual election in which a President, First Vice President, and Second Vice President are chosen: and WHEREAS, it is the consensus of the City of Cape Canaveral that it is necessary to have a longer continuity of officers providing leadership for the Florida League of Cities; and WHEREAS, it is the consensus of the City of Cape Canaveral that the state's membership would be better served by having an additional officer of the Florida League of Cities; and WHEREAS, it is the consensus of the City of Cape Canaveral that the Florida League of Cities should elect either 1) a President, President -Elect, First Vice -President, and Second First President; or 2) a President, First Vice President, Second Vice President, and Third Vice President; NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. That the foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2. That the City of Cape Canaveral strongly urges the Florida League of Cities Board of Directors to take whatever actions are necessary to add another officer to the current list of elected officials and debate whether this officer should be a President -Elect or a Third Vice President. City of Cape Canaveral, Florida Resolution No. 98-17 Page 2 SECTION 3. That a copy of this Resolution be delivered to the members of the Board of Directors of the Florida League of Cities, to the Gold Coast League of Cities, to the other regional League of Cities organizations and to other interested parties. SECTION 4. That this Resolution shall be come effective immediately upon its passage and adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of July, 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:/CityClk\Resolutions\FLOC Officer.doc Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Resolutions Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-18, AGREEMENT WITH BREVARD COUNTY TO DEVELOP A LOCAL MITIGATION STRATEGY DEPT./DIVISION: PUBLIC SAFETY Requested Action: That the City Council consider approval of this contractual service agreement that helps the city develop a local mitigation plan for our community and designate a representative to serve on the Local Mitigation Strategy Program Steering Committee. Summary Explanation & Background: This is a Department of Community Affairs project that is working to develop a statewide mitigation program. Brevard County has contacted with DCA to develop a mitigation plan for the county and local communities. The city will be obligated to perform the tasks outlined in Attachment "A" of the agreement and will receive $3,750 from the county to complete these tasks. I recommend approval. Exhibits Attached: Resolution No. 98-18; Agreement; Information regarding program City Manager's Office Bennett C. Boucher Department g:/admin/council/meeting/ 1998/07-07-98/98-18.doc RESOLUTION NO. 98-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING PARTICIPATION IN THE BREVARD COUNTY LOCAL MITIGATION STRATEGY PROGRAM AND DESIGNATION OF A REPRESENTATIVE TO SERVE ON THE PROGRAM STEERING COMMITTEE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is desirous of developing a Local Mitigation Strategy Plan to promote the health, safety and welfare of its citizens; and WHEREAS, the City believes that partnering with Brevard County will be the most cost effective way to develop said Local Mitigation Strategy Plan; and WHEREAS, the partnership will enable the County and City to share information and resources that will aid in the development of said Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: SECTION 1. The City Council of the City of Cape Canaveral hereby authorizes the Mayor to execute the contractual service agreement with Brevard County to develop a local Mitigation Strategy Plan for the City. SECTION 2. The City Council of the City of Cape Canaveral hereby designates _ , as the representative to the Local Mitigation Strategy Program Steering Committee. SECTION 3. This resolution shall become effective immediately upon its adoption. DONE AND RESOLVED at a regular meeting of the City Council on the 7th day of July 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY FOR AGAINST BURT BRUNS TONY BERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Discussion. Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-98, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the proposed amendment to Code Section 110.334 as recommended by the Planning & Zoning Board. Summary Explanation & Background: The P&Z Board recommended this amendment at their 05-13-98 meeting. See attached staff report and existing land use map. This proposed amendment would delete the allowance of residential construction within the C-1 zoning district by special exception. Please advise. Exhibits Attached: Staff report of 05-27-98; Ordinance No. 20-98; Existing Land Use Map City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MANAGEMENT g:/admin/counciil/meeting1998/07-07-98//20-98.doc ORDINANCE NO. 20-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-334, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE DELETION OF RESIDENTIAL CONSTRUCTION IN THE C-1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Subparagraph (10) of paragraph (c) of Section 110-334, Special Exceptions Permissible by Board of Adjustment, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (c)(10) (Reserved) SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3, CONFLICTING PROVISIONS. Any ordinance or parts of an ordinance in conflict herewith is repealed. Planning & Zoning Board Meeting Minutes March 11, 1998 Page 5 Mr. Nicholas commented that the ordinance had been abused over the years and he had no objection to removing the residential use by special exception. Mr. Bergen voiced his opinion that special exceptions were considered spot zoning. After discussion, the Board requested that city staff draft an ordinance to eliminate new special exceptions for residential use in the C-1 zoning district. There being no further business, the meeting was adjourned at 9:40 P.M. Approved on this 8th day of April ,1998. Beatrice McNeely, Chairperson Susan L. Chapman, Board Secretary Planning & Zoning Board Meeting Minutes May 13, 1998 Page 4 The Board members reviewed the proposed ordinance. City Manager Boucher explained that the existing code did not include definitions of "existing grade" or "finish grade". Mr. Boucher explained that there was some question recently regarding measuring building height. Attorney Goldman advised that staff was also recommending rewording definitions for "height of building" and "fences" to clarify the terms. Chairperson McNeely pointed out that the existing definition of fences did not allow the installation of a standard 6 ft. high stockade fence. Mr. Russell added that there existed several of these standard fences erected around the city and amending the definition would bring them into compliance. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval to amend Section 110-1, Definitions, as presented. Vote on the motion carried unanimously. > 5. Discussion & Recommendation Re: Amending Section 110-334 Special Exceptions Permissible by the Board of Adiustment by Deleting Residential Construction in the C-1 Zoning District. The Board members reviewed and compared the city's existing zoning map along with an existing land use map prepared by city staff. Mr. Bapp advised that the city attorney prepared a proposed ordinance as per the Board's previous discussion to recommend deleting residential use by special exception in commercial zoning districts. Mr. Bapp depicted properties currently developed as residential in the existing C-1 zoning districts. He explained that the proposed ordinance would eliminate all future construction of residential in the C-1 zone. The Board members compared the two maps. Attorney Goldman advised that by changing the ordinance, the city would be making the existing residential uses in C-1 non- conforming and if more than 50% of the property is destroyed, the property could not be re -developed as residential. Vice Chairperson Russell explained that previous to the zoning map being adopted, some property owners along A1A desired to develop their properties as residential. The city created the zoning districts using natural boundaries as a guide. It was the city's desire to develop the 1st blocks along A1A as commercial. Planning & Zoning Board Meeting Minutes May 13, 1998 Page 5 Mr. Russell continued to explain that residential use by special exception had been created for those property owners who wanted to build residential units in that area. Through the years, residential units have been developed in the C-1 zoning districts throughout the city. He questioned if the city wanted to continue to allow residential uses encroaching into the C-1 zoning district. The Board recently had this discussion and decided to eliminate residential by special exception in the C-1 zone. He advised that the city needed to protect the C-1 zoning districts otherwise, the character of the city's main thoroughfares will be changed to residential. He noted that the residents residing in the commercial zoning districts were paying commercial tax rates. The Board members reviewed and discussed the existing areas developed as residential along N. Atlantic Avenue along with the different types of commercial existing uses. After discussion, by consensus, it was the Board's desire to eliminate residential use by special exception. Mr. Nicholas pointed out that there were many residential special exceptions granted but never developed therefore, adding value to the properties for selling purposes. It was the Board's desire to develop the properties along the city's main thoroughfares as they were currently zoned. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of the proposed ordinance to City Council to eliminate construction for residential use in the C-1 zoning district. Vote on the motion carried unanimously. Audience Comments: Mr. Wayne Jefferys, resident, voiced his concern regarding dumpsters not being properly screened and dumpster areas not being properly maintained. He had submitted written complaints to the city with no response. City Manager Boucher suggested that Mr. Jefferys meet with him regarding his concerns. There being no further business, the meeting was adjourned at 9:45 P.M. Approved on this day of ,1998. Beatrice McNeely, Chairperson Susan L. Chapman, Board Secretary Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Discussion Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-98, AMENDING SECTION 110-567(b), RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council discuss the type of tree grading to be included within the ordinance. Summary Explanation & Background: P&Z Board recommended approval of an amendment at their 02-11-98 meeting that would increase the required DBH size of a tree to be planted for new development from 2" DBH to 3" DBH for large 10 point trees and small trees from 1" DBH to 2"-3" DBH. Non-native palm trees were removed from this section. City Council asked staff to find a way to define the grade of tree that would be planted. There are (4) grades as follows: 1. Florida Fancy (best/highest grade) 2. Florida #1 3. Florida #2 4. Cull -(poor grade) Please advise staff as to which grades would be acceptable. Exhibits Attached: Ordinance No. 14-98; P&Z Minutes; Existing Code/Information on Tree Grades City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MGMT g:/admin/counciil/meeting/1998/07-07-98/14-98.doc ORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Paragraph (b) of Section 110-567, Interior Landscaping for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof: (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with greater than three-inch diameter (dbh) and two-foot spread. 5 Small species, six feet tall with two to three inch diameter (dbh) minium and two-foot spread. 5 Cabbage palms, minimum height six feet (overall). 5 Nonnative palms, minimum height three feet (overall). SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: Planning & Zoning Board Meeting Minutes February 11, 1998 Page 2 He advised thattthe proposed structure placement was not visible from adjoining roadways and therefore, would not require approval from the Community Appearance Board. He noted that city staff and the city engineering firm recommended approval of the site plan. Ms. Lisa Lombardi, P.E., project engineer, advised that the proposed canopy was not shown on the original approved site plan. She further advised that the canopy would be constructed over existing paved area and therefore, no permit would be required from the St. Johns River Water Management District. Brief discussion was held regarding the amount charged by the city engineering firm to review the submitted site plan. Motion by Mr. Russell, seconded by Ms. McNeely to approve the site plan for a canopy addition to Marshall Manufacturing as presented. Vote on the motion carried unanimously. 2. Discussion and Motion to Recommend Approval to Amend Chapter 110, Section 110-567 (b), Relative Tree Point Values for Landscaping Purposes. Mr. Moran advised that City Council had requested staff to visit existing tree size diameter at breast height (dbh) requirements that appeared to be less than desirable. Staff was instructed to increase required tree size without changing any other code requirements. During this research, staff noted a discrepancy in the definition of (dbh) relating to "development grade". It was not defined elsewhere in the code whereas the term "finish grade" appeared. Therefore, staff recommended changing the term to "finish grade" to alleviate any conflicts. Discussion was held regarding different kinds of palm trees, both native and nonnative. After discussion, the Board decided to recommend deleting (5) points for nonnative palms from the proposed ordinance. The Board members were of the opinion that points should not be awarded for nonnative species. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of the proposed ordinance amending tree point values for landscaping with the deletion of (5) points for nonnative palms. Vote on the motion carried unanimously. 110-567 CAPE CANAVERAL CODE (4) Parking areas in the C-1 and M-1 districts and parking areas in the R-3 districts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of- way, except for ingress and egress and side- walks. The perimeter shall be planted with decorative shrubs and bushes three feet in height to form a visual screen with a den- sity of 80 percent within two years of plant- ing. Perimeters facing such public right-of- way shall, in addition, have five tree value points planted every 35 feet with at least ten tree values on a minimum 50-600t C-1 lot and 15 tree values on the minimum 75 - foot R-3 lot. (5) No trees shall be planted that will obstruct visibility at intersections or poi-nts of in- gress and egress to streets. See section 110- 469. The perimeter footage defined in sec- tion 110-469 and ingress and egress shall not be used to calculate landscaping of pe- rimeters. (6) Existing trees in proposed internal parking areas as listed under subsection (bi of this section shall not be removed if over three inches diameter at breast height (dbh) with- out a permit from the building official. Ev- ery effort shall be made to build. pave or otherwise construct around existing trees of value. (7) Each landscaped area, both within the in- terior parking area and around the perim- eter, shall be served by a functioning un- derground sprinkler system adequate to maintain all landscaping. (8) All landscaping specified in this subsection shall be properly maintained and replaced if for any reason it does not survive. (9) The value of the landscaping for the inter- nal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one percent of the total cost of the project, including land acquisition, or three percent of the project, excluding land ac- quisition, whichever is greater. (b) Tree value points referred to in subsection [EXISTING] (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with 3"-inch diame- ter (dbh) minimum and two -foot spread. 5 Small species, six feet tall with 2"-3" inch diameter (dbh) mini - and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). (c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall be consid- ered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the plant- ing is in an area subjected to salt air, the B (bar- rier island) designation shall be present, which meets the state requirement to tolerate xeric con- ditions. Otherwise, documentation must be pre- sented as provided in section 110-566(d). (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94) Sec. 110-5568. Preservation of trees in all dis- tricts. During the development of any project, all trees of four inches in diameter or larger shall be pre- served or replaced unless they exist within: (1) A proposed public or private easement. (2) A proposed structure dimension. (3) A proposed driveway or designated parking area in the R-1 or R-2 districts. See sections 110-566 and 110-567. (4) Ten feet of a proposed structure. (Code 1981, § 641.59) Cross reference—Preservation of trees. $ 102-26 et seq. Secs. 110-569-110-580. Reserved. Supp. No. 1 CD 110:70 GRADING SHADE TREES INTRODUCTION Since most trees have a life expectancy of many years, it is important to plant good quality trees. The quality or grade of a tree at planting can have a large impact on longevity in the landscape. Tree quality is based on trunk, branch, crown, leaf and root characteristics. Large -maturing trees which are allowed to develop a double or multiple trunk should not be planted. These are sturdy when they are young but could become increasingly hazardous as they grow larger. Except for small -maturing trees normally grown with multiple trunks, such as crape -myrtle, buttonwood, Japanese ligustrum and others, nursery trees should have one trunk up through the center to the top of the tree. Live oak and some other trees can grow with a modified dominant leader as shown 1) * in Fig. l on page 10 (Florida Fancy). Branch diameter should not be larger than 2/3 the diameter of the hunk measured directly above the branch. There should be naflush cuts anywhere on the tree and no open injuries on the trunk or major branches. The crown should be full of foliage and show little, if any, evidence of chlorosis, necrosis, disease or insect infestation. The root ball should be appropriately sized (see any matrix, e.g., page 14). Such a tree is given the top grade—Florida Fancy. 2) * Trees graded Florida #1 may require some corrective pruning so they develop good trunk and branch structure. They may have minor trunk injuries or could have other defects. Defects can be corrected by pruning the tree once or twice within a year or two after planting. 3) * Florida #2 is a lesser grade. These trees require major corrective pruning to form a structurally strong tree, or are badly misshapen. Great skill and effort (two or more prunings) are required to develop a structure in these trees which will promote longevity. Defects may take several years to correct. 4) * The lowest grade is a. Cull. Defects are not correctable. These trees lack vigor and/or have poor trunk and branch structure or circling roots. They have other problems such as open wounds, flush cuts or loose root ball which may prevent them from becoming established in the landscape. If they become established, long life is unlikely. The better grades of trees will require less pruning after planting, and they will establish more quickly. These have been properly trained and pruned in the nursery to develop a structure which will be resistant to damage from winds and other outside forces. Most tree maintenance budgets have not been developed to allow for pruning a tree after planting, so it makes sense to start with a tree which is healthy and well formed. If there is a large tree - pruning allocation in the landscape maintenance budget, trees with the poorer grades may be trained into sturdy trees in the landscape by skilled arborists. Special Note: There is a specialty market for trees trained into forms which are not typical of their normal growth habit. Examples include standards, braided stems, poodles, espalier, topiary and bonsai, to name a few. When grading these trees, the height, spread and root -ball diameter -to - caliper relationships outlined in the matrices for these grades and standards do not apply. Therefore, when grading such trees, enter the grading process outlined below beginning at Step 6, skipping Steps 1. through 5. Large -maturing trees, such as oaks, ae always graded beginning with Step 1 unless the planting specifications indicate that the trees will be maintained as topiaries or other small, clipped specimens throughout their lives in the landscape. Grades established for trees (Florida Fancy, Florida #1, and Florida #2) do not apply to trees used in wetland mitigation. For trees used in wetland mitigation, refer to the wetland section of this manual. 3 February 25, 1998 City of Cape Canaveral STAFF REPORT TO: Bennett Boucher, City Manager Mayor & City Council Members FROM: G. J. Moran, Building Official [intitial-GJM] Subject: Proposed Amendments To Chapter 102-36; Definitions and Chapter 110-567(b) Tree Point Values. As requested by City Council, through the City Manager, staff researched present Ordinances relating to landscaping requirements, prepared appropriate amendments that were presented to the Planning & Zoning Board for recommendations in the meeting held on February 11, 1998. The Planning & Zoning Board recommended approval of the proposed amendments with the deletion of the five (5) point value for Nonnative palms, minimum height three feet (overall) in the amendment to Paragraph (b) of Section 110-567. Staff recommends approval of the above referenced amendments. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL. FL 32920-0326 TELEPHONE (407) 868-1200 FAX (407) 799-3170 City of Cape Canaveral, Florida Regular City Council Meeting Minutes March 3, 1998 Page 7 ( A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Ordinance No. 14-98, for second reading. Mayor Randels explained that the Planning and Zoning Board also recommended this" ordinance to increase tree point value from two inches to three inches. Mayor Randels noted that the Planning and Zoning Board and Beautification Board recommended that non-native trees not be given point credit toward the total value due to their lack of longevity. Mayor Randels stated that he serves on the State of Florida Urban Forestry Council that is planning a tree grading system. Since the City did not institute this, he would like to include a proponent for grading in the ordinance. A motion was made by Mayor Randels and seconded by Mr. Hernandez to amend Ordinance No. 14-98 to include a Paragraph (c ) under Section One, to read "All trees selected shall be of choice or better quality." Mr. Petsos queried if choice or better is determinable by the Building Department. Attorney Bennett stated that if the ordinance makes a reference; there must be a definition. Attorney Bennett recommended to Council to postpone discussion on the ordinance until staff could provide the needed definitions. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to postpone Ordinance No. 14-98 for first reading until the Next scheduled City Council meeting. ) DISCUSSION: 18. (Tape 1, 2831) Mayor Randels explained that this item, proposed by City Manager Boucher, is a joint meeting with the Canaveral Port Authority. Mr. Petsos queried ifthe Port Authority is willing to meet. Mr. Petsos was concerned with issues that need to be addressed by the Port Commission, such as the Sewer Franchise agreement and day labor hires. Ms. Salamone recommended that staff outline issues to be addressed at a meeting with the Port Commission instead of receiving a project status report from the Port staff. Mayor Randels instructed that Council provides the City Manager an outline of issues before he meets with the Port director. 19. (Tape 1, 3241) Mr. Tim Fadul, General Manager, USA Waste Industries addressed the Council with a services proposal. Mr. Fadul reviewed statistics from the draft including the number of customers serviced, dumpsters, dumpsters without enclosures and enclosures without gates. Mr. Fadul stated that some consideration should be given to a standard enclosure size. Mayor Randels explained to the audience that this review came about due to the visible portion on the currently used three -sided enclosures. Mr. Bruns queried if a minimum enclosure size was necessary. Mr. Fadul affirmed and stated the standard as 12 -feet wide, 6 -feet high, and depending on the size of the dumpsters, 8 or 10 -feet in depth, preferably 10 -feet. Mr. Petsos stated that the intent of past City Council was to provide a three -sided enclosure, but these were not built to accommodate various size dumpsters. Mayor Randels stated that the Beautification Board proposed the three -sided enclosure to remedy aesthetics around the dumpsters used at the time of that proposal. Mr. Bruns questioned if the proposed enclosure could accommodate any container in the City. Mr. Fadul affirmed, excluding roll- off containers. Ms. Salamone queried if building enclosures would apply to existing dumpsters. Mayor Randels responded that this would apply to new enclosures. Ms. Salamone questioned ifUSA Waste would replace an existing enclosure with a larger one if it were damaged. Mr. Fadul Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Discussion Item No. 10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PATRIOTS PARK DEPT./DIVISION: LEGISLATIVE Requested Action: Ms. Lehr is requesting that the City Council eliminate the western park entrance located on Long Point Road. Summary Explanation & Background: Question is, what is the problem with the entranceway they agreed upon? The purpose of the entrance is to provide access and convenience to those who may utilize the park. Attached is the signed and recorded agreement. Any concerns that Ms. Lehr had should have been addressed prior to the signing of the agreement. Please advise. Exhibits Attached: Lehr letter of 06-25-98; Settlement agreement City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/counciil/meeting/1998/07-07-98/patriotspk.doc 06-25-1998 11.28 407 867 8550 F264 SPACE STATION ELECTRICAL P.01 JUNE 25, 1998 MR. BENNETT BOUCHER, CITY MANAGER CITY OF CAPE CANAVERAL 105 POLK AVENUE CAPE CANAVERAL FL 32920 RE: CITY COUNCIL MEETING AGENDA FOR JULY 7, 1998 DEAR BENNETT: I WOULD LIKE TO BE ON THE AGENDA FOR THE ,JULY 7 COUNCIL MEETING TO ADDRESS THE COUNCIL WITH REGARDS TO PATRIOT PARK. WE CONTACTED OUR ATTORNEY WITH REGARDS TO THE ADDITIONAL ENTRANCE AND HE DID NOT SEE IT EITHER UNTIL I POINTED OUT THE LOCATION. HE DID NOT FEEL THAT ANYTHING WOULD BE ACCOMPLISHED BY CONTACTING CONN BENNETT OTHER THAN ADDITONAL COSTS TO BOTH PARTIES, THAT MORE HAD BEEN ACCOMPLISHED WITH REGARDS TO A SETTLEMENT BETWEEN OURSELVES THAN ALL HIS ATTEMPTS TO GET A RESPONSE FROM THE CITY ATTORNEY. IT IS HIS OPINION, THAT SINCE TfiE ARRANGEMENTS HAD BEEN WORKED OUT BETWEEN DON, YOU AND I, AND WE WERE NOT PRESENT WHEN YOU MADE YOUR PRESENTATION FOR A SETTLEMENT TO THE CITY, THAT I SHOULD ADDRESS THE ISSUE OF THIS UNDISCLOSED ENTRANCE, THAT WAS NEVER DISCUSSED, DIRECT TO THEM, SO THAT IT WOULD BE ON THE RECORDS. I FEEL THAT I HAVE VALID INFORMATION TO PRESENT TO THE COUNCIL, THAT SHOULD BE CONSIDERED IN MAKING THEIR DESCISION. AT THIS POINT THE AGREEMENT WE HAVE IS NOT WHAT CONN BENNETT WOULD HAVE RECOMMENDED ANYWAY. THEREFORE, I THINK MORE SHOULD BE CONSIDERED WITH REGARDS TO THE FACTS. I WILL LOOK FORWARD TO HEARING FROM YOU. I MAY BE REACHED AT WORK FROM 8:30AM TO 4:00PM, 867.5157. THANK YOU, MICHELLE M LEHR 210 LONG POINT CAPE CANAVERAL, FL 32920 06/25/98 11:37 TX/RX N0.5083 P.001 ■ SANDY CRAWFORD CLERK OF CIR. CT. BREVARD CO. FLA. Jun 5 05 PM '98 FILED MANDATE from the CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT STATE OF FLORIDA TO THE CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT AND CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA. WHEREAS, in that certain cause filed in this court styled: DONALD D. ARABIAN and MICHELLE M. LELHR, Appellants, vs CITY OF CAPE CANAVERAL BOARD OF ADJUSTMENT AND CITY OF CAPE CANAVERAL, FLORIDA, Appellees. CIRCUIT CASE NO. 97 -06622 -AP The attached opinion was rendered on MAY 11, 1998. YOU ARE HEREBY COMMANDED that such further proceedings be had in said cause in accordance with the decision and judgment of this Court, the rules of procedure and laws of the State of Florida. WITNESS THE HONORABLE JOHN DEAN MOXLEY, JR., Judge of the Circuit Court of the Eighteenth Judicial Circuit of the State of Florida, and the seal of said Court, at Titusville, Florida this 8th day of June 1998. James C. Giles Chief Deputy Clerk SANDY CRAWFORD Clerk of the Circuit Court Brevard County, Florida FILED IN OFFICE 98 MAY 13 AM 9:39 SANDY CRAWFORD CLERK OF CIR. CT. BREVARD CO. FLA. [STAMPED-illegible/unread] IN THE CIRCUIT COUNTY IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. 97-6622-ap Donald D. Arabian and Michelle M. Lelhr, Petitioners CFN 98091123 05-14-98 10:29 am OR Book/Page: 3841 / 1405 vs City of Cape Canaveral Board of Adjustment and City of Cape Canaveral, Florida, Respondents ORDER APPROVING SETTLEMENT AGREEMENT This Cause came before the Court on submission of the parties' Settlement Agreement. The Court, after reviewing the Settlement Agreement, finding the parties have agreed to resolve their differences, that they request the Court's assistance in settlement, and finding the Court should provide the assistance requested, it is thereupon ORDERED as follows: 1. The Settlement Agreement is approved. 2. The Court retains jurisdiction of the parties and of the subject matter of the Settlement Agreement for the purpose of enforcing same if necessary. / Done and Ordered in Chambers in Titusville, Brevard County, Florida on this 11th day of May, 1998. Honorable John Dean Moxley Conformed Conformed copies to: Bradly Roger Bettin, Sr. Dwight W. Severs STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that the above and foregoing is true copy of the original filed in this office. SANDY CRAWFORD, Clerk Circuit and County Court DATED 6/8/98 BY K Schill D.o. Sandy Crawford Clerk of Courts, Brevard County #Pgs: 1 #Names:2 Trust: 0.00 Rec: 0.00 Serv 0.00 Deed- 0.00 Excise: 0.00 mtg: 0.00 nt Tax: 0.00 37 IN THE CIRCUIT COURT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO. 97-6622-AP CFN 98091122 05-1498 10:29 am OR Book/Page 3841 / 1397 FILED IN OFFICE 98 MAY 13 AM 9:39 SANDY CRAWFORD CLERK OF CIR. CT. BREVARD CO. FLA KIM LANDERS Donald D. Arabian and Michelle M. Lehr, Petitioners, vs City of Cape Canaveral Board of Adjustment and City of Cape Canaveral, Florida, Respondents. SETTLEMENT AGREEMENT The Petitioners, Donald D. Arabian and Michelle M. Lehr, and the Respondents, City of Cape Canaveral Board of Adjustment and City of CapeCanaveral, Florida, hereby enter into the following Settlement Agreement: WHEREAS the continuation of this litigation is causing the parties to expend resources which they would prefer to put to other uses; and WHEREAS the parties have arrived at an acceptable alternative resolution of their differences; and WHEREAS the alternative resolution arrived at by the parties envisions a role for this Court in effecting the same; and WHEREAS the parties have chosen to reduce their agreement to writing to allow it to be presented to the Court for action. NOW THEREFORE the parties covenant and agree as follows: 1. Recitals Incorporated: the recitals set forth above are true and correct, and are incorporated herein by reference. Sandy Crawford Clerk Of Courts, Brevard County #Pgs; 8 #Names: 2 Trust: 0.00 Rec: 0.00 Serv. 0.00 Deed: 0.00 [Handwritting-illegible/unread] Excise: 0.00 Mtg: 0.00 nt Tax: 0.00 36 2. Settlement of Differences: the parties agree to settle their differences on the following terms and conditions: a. Abatement of Action for Sixty (60) day: the parties stipulate and agree to entry of an Order which abates this action for Sixty (60) days (the "Abatement Period"), to avoid the expenditure of further resources and to allow them sufficient time to implement their agreement. b. Landscaping & Fencing: Within the Abatement Period, Respondent City of Cape Canaveral, Florida agrees to plant landscaping and install fencing at Long Point Park consistent with the landscaping plan attached to this Agreement as Exhibit "1". C. Notice of Completion: Upon completion of the work required by paragraph 2.b., Respondents shall file with the Clerk of this Court and serve upon Petitioners a Notice of Completion. d. Reply to Notice of Completion: Within five (5) days of service of the Notice of Completion, Petitioners shall either: 1) File and serve a notice of Dismissal with Prejudice; or 2) File and serve written notice they are contesting Respondents' representation that the landscape planting is completed. e. Proceedings after Rely to Notice of Completion: Depending upon the Reply served, this cause shall conclude as follows: 1) Should Petitioners file a notice of Dismissal with Prejudice, this cause shall stand as dismissed, with each parry to bear its own costs and attorneys fees. 2) Should Petitioners contest the completion of the landscaping, then the Court will schedule an evidentiary hearing and thereafter enter an Order determining the issue, with the prevailing parry in such hearing being entitled to re CFN 98091122 OR Book/Page: 3841 / 1398 incurred in the same. 3. Maintenance of Landscaping: Respondent City of Cape Canaveral, Florida agrees to maintain the landscaping planted under the terms of this Agreement, in accordance with the Code of the City of Cape Canaveral, Florida. 4. Remedy for Breach: a. Obligations assumed under paragraph 2: As to the obligations assumed by the parties under paragraph 2 of this Agreement, the parties stipulate and agree the only remedy either party shall have for breach of this Agreement, should the same be approved by the Court, shall be to seek specific enforcement of this Agreement. Any and all other remedies, including but not limited to an action for damages, are expressly waived. b. Obligations assumed under paragraph 3: As to the obligation assumed under paragraph 3 of this Agreement, the parties stipulate and agree the Petitioners' remedy shall be to file a Code Enforcement Complaint with the Code Enforcement Officer of the City of Cape Canaveral, and to file such action(s) as an aggrieved parry may be authorized to file by Florida law if dissatisfied with the action and decision of the Code Enforcement Officer. 5. Attorneys Fees: in any litigation seeking to enforce this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs. 6. Interpretation of Agreement: this Agreement is the product of the negotiations of the parties. Any ambiguities in the Agreement shall be interpreted as if the Agreement was jointly drafted by all of the parties. 7. Request for Court Approval: the parties agree to seek, and stipulate to, entry of an Order by the Court approving this Settlement Agreement and retaining jurisdiction of the parties for its enforcement. 8. Expiration of Agreement: Except as to the obligation CFN 98091122 OR Book/Page: 3841 / 1399 3 of this Agreement, which shall survive in any event, this Agreement shall expire, and be of no further force and effect, upon the occurrence of either of the events described in paragraph 2.e., above. In witness whereof, we have affixed our hands and seals on the date set forth below our names. Witnesses: Joe Knight [Signature-illegible/unread] Joe Knight [Signature-illegible/unrread] Susan Stills Sandra Sims Susan Stills Sandra Sims Severs, Stadler & Harris, P.A. By: Dwight W. Severs Florida Bar Number 109135 Post Office Box 669 509 South Palm Avenue Titusville, Florida 32781-0669 (407) 267-1711 Attorneys for Petitioners Donald D. Arabian Michelle M. Lehr City of Cape Canaveral Board of Adjustment By: as Chair City of Cape Canaver ,Florida By: as Mayor, Pro Tem Amari, Theriac & Eisenneager, P. A. By: Bradly Roger Bettin, Sr. Florida Bar Number 369403 Anthony A. Garganese Florida Bar Number 988294 Post Office Box 1807 Cocoa, Florida 329234807 (407) 639-1320 Attorneys for Respondents IIIIIIIIIIIIIIIIIIIIIIIII CFN 98091122 OR Book/Page: 3841 / 1400 LAW OFFICES AMARI & THERIAC, P.A. Attorneys and Counselors At Law Reply To: Cocoa P.O. Box Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Carla Neeley Freitag Anthony A. Garganese Mitchell S. Goldman J. Wesley Howze Lee Marinelli * Mark S. Peters David M. Presnick Charles R. Steinberg James S. Theriac, III *Admitted PA, VA, TN only Mariner Square 96 Willard Street, Suite 302 Cocoa, Florida 32923-1807 Telephone (407) 639-1320 Fax (407) 639-6690 ---------------------------------- Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (407) 259-6611 Fax (407) 259-6624 June 10, 1998 Mr. Bennett Boucher City Manager 105 Polk Avenue Cape Canaveral, Fl 32920 Reply To: Cocoa P.O. Box In Re: Arabian v Cape Canaveral Dear Bennett: Enclosed please find a copy of the Mandate issued by the Circuit Court in our case, for your file. If you have any questions, please do not hesitate to contact me. Very truly yours, Bradly Roger Bettin, Sr. BRB/Inlet Enclosure CITY OF CAPE CANAVERAL LANDSCAPE PLAN, PARK XXX> 4' CHAIN LINK FENCE -- ---> 6' WOOD FENCE E > ENTRANCE EXHIBITS "1" IIIIIIIIIIIIIIIIIIIIIIIIII CFN 98091122 OR Book/Page: 3841 / 1401 LATTICE, DECK POSTS & FENCING FENCE SECTIONS Pressure Treated Dog-Eared- 511145 Shadowbox- 647550 Premium - 647693 Scallop Top - 863141 Half Moon- 863155 Gothic - 556238 No. SKU Desc. Size Each Price 511145* Dog -Eared Fence Panel 6x8 $25.25 647550t 647550 Shadowbox Select Panel 6x8 32.50 647693t 647693 B/B Fence Panel 6x8 32.50 749768 749768 Dog -Eared Premium Fence Panel 6x8 35.00 3250 863124 863124 Dog -Eared Privacy, 4" Syp .25 6x8 33.25 863205 863205 Dog -Eared Gate, 4" Syp .25 6x8 $ 863141 863141 Scallop Top, 4' Syp .25 6x8 35.25 863155 863155 Half Moon, 4" Syp .25 6x8 35.25 287221 287221 Statesmen Fence Panel 6x8 $ 287235 287235 Windsor Fence Panel 6x8 $ 289471 289471 Saratoga Fence Panel 6x8 $ 873054 873054 Gothic Fence Spaced Panel 31/-2x8 $ 287204 287204 Dog -Eared Stockade Panel 31/2x8 17.75 'Treated t4- :1"x6" IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CFN 98091122 OR Book/Page: 3841 / 1402 Myrica ceriferrr SOUTHERN WAX MYRTLE 1lyrirn Cr�:ek myric, Indent Warn(: Cur tamarisk c:r:rifi:rzr: htlin fu t• wu x-hc:, r•i n Size: Form: 'IL-xture: Lea f.- Flower : Flower. Fruit: Geographic UNCation: Dormant: Cullum: Use: Other. 86 20 l0 30 feet x 30 feet. Croaked. gray branches support a well-bular,ced crown ta r,lher dense fuliagc. Sometimes picturesque t l•'Irre lu me(litim. Arunurlic, 3 inches lung, lanceolate to oblong lancculale. Crrtrseiy cienlate luward their tips. olive-green. b,runspicuousin clusters. I/II inch sphemid berries in clusters, each cnverr (1 with a grayish• waxy covering, On [emalo plants only. TREES Native in moist Gcids and pastures, along slrenms and dilrhes. All of f7or;(kt• Cold-lolerurl. Evurgrcen Wut lu [Hoist c cnuliticas• fairly sons,(,ve to pour dw,tinagr Sun ur partial shade. Pl•efurs sanely Sails. Dying branches ora no cause furnlurnt. this is typical oC the species. Pests: caterpillars and sone cankers. Can be used for loose, informal he d9us and screens- U rge tr ec�likL. specimens ate lwrggtxl aur to form sl,acic trees with an.anticlue look,Foliage oliv(,greL is good contrast when usecl will, podo(mrpus, cWhIrs and junipers.11 M: ceriterr pumila: newly rucognizc(i, but has great potential as a facerirr , ground cover. CFN = aaa,a 3841 , 1403 Livislonia cIli,,Chsis C1IIN1;S1; EANPALM Livislnnhl: For Livisinne, SCO(l:in(1 ririnr;rrsis: Chinese Size: rarm: TeX (u re: Lr:a f: Flon•r:r: Fruit: (;aot;rnphir. 1nr~:(inn: Unrman(: Cullum.: Use: Other: PALMS 50 ferl, but in I'lnrida usually In 2: - The lU inrlt rtiamcler trunk sumnrts a full rmrnrl Ir acl of fan-shahcrl (caves 16 fcni in dinmefer. Medium S feet wiclr;, (ralmalc flat, lhr.Ira(sr.>~mcnlssplil nt Ihernirlrllr.. tapering ribbons hnng verlir.;illy iliany tang hrinw the Ira C. Arc borne in large numbers in lnoR narrow rbrslrrs wit bin 111L,sccrrcy of the Icav(•s. Olivc-strapecl V7 inrh long. dull blue. Native; Io i:hin:r. C:r:nlr,tl earl Srrrrtlr Flurirl:r. ltnrrly In about 22°(: L•'vergrecn Soil rnodrrn(r+. frrlility. P;rrlinl sh:rrlr•, lilt rrrnlurily Grirly slow growilr. Pnsiliverlrainnr;r W:rlerrlurinKclryspcIfs.SprinKanrlsurnnrr:r(erlilir.e. Pests: Scales. An linreasspr:arins. rt, Ilsreaapsa Ilrberlsubjera. InSou(b Flori da its use iaslrinnKlesimilalingn.nitrr:.esunbircl Irinnlcrl rrnups in L. chin. subKlnlrnsa _ a miniature. CF OR �. 3841 , 1404 MEMORANDUM DATE: JUNE 30, 1998 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL ALL CITY EMPLOYEES ALL CITY BOARDS FROM: BENNETT C. BOUCHER [intitial-BB] CITY MANAGER SUBJECT: CITY MANAGER'S REPORT The following is a brief update of city activities: The preconstruction meeting with Dial Communications was held and a projected start date is mid-July. Sewer slip lining has commenced. Patriot's Park is nearly 100% complete. Thanks to the Street Department staff and volunteers for keeping this project on track. Cape View Elementary will host a volunteer project on Saturday, July 11th to install irrigation and reuse. A beach sand fence volunteer project is scheduled for 07-25-98. Two appraisals for the (5) acre Banana River Park are in the works and should be completed by mid-July. The EAR based comprehensive plan amendments were submitted to DCA on 06-29-98. Thanks to the Building Department staff and the Local Planning Agency for their efforts. The city attorney is finishing the proposed amendments to the sign code. City Council received in their mailbox a Building Department staff report on unfinished construction. Staff would like input and direction from City Council on this matter. The Building Department is working to implement a voluntary inspection program for mobile homes. Honorable Mayor, et al Page Two June 30, 1998 The employee picnic was held on 06-20-98, and we all had a lot of fun and food. Thanks to the Employee Picnic Committee for their effort, especially Helen Marks. Mr. Shuford is willing to grant a utility easement for the hotel site. Details need to be worked out between the developer and Mr. Shuford. Contacted Police Service Study Committee and received responses from three individuals. If you know anyone who would like to sit on this committee, please advise. I will schedule a meeting once I receive the 1998-99 budget figures from the sheriff's department. If you have any questions, please contact me anytime BCB:kmm Meeting Type: Regular Meeting Date: 07-07-98 AGENDA Heading Discussion Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-98, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the proposed amendment to Code Section 110.334 as recommended by the Planning & Zoning Board. Summary Explanation & Background: The P&Z Board recommended this amendment at their 05-13-98 meeting. See attached staff report and existing land use map. This proposed amendment would delete the allowance of residential construction within the C-1 zoning district by special exception. Please advise. Exhibits Attached: Staff report of 05-27-98; Ordinance No. 20-98; Existing Land Use Map City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MANAGEMENT g:/admin/counciil/meeting/1998/07-07-98/20-98.doc ORDINANCE NO. 20-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 110-334, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE DELETION OF RESIDENTIAL CONSTRUCTION IN THE C-1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, as follows: SECTION 1. Subparagraph (10) of paragraph (c) of Section 110-334, Special Exceptions Permissible by Board of Adiustment, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (c)(10) (Reserved) SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or parts of an ordinance in conflict herewith is repealed. City of Cape Canaveral Ordinance No. 20-98 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Herndandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: G:\CityClk\Ordinances\Special Exceptions.doc City of Cape Canaveral STAFF REPORT May 27, 1998 T0: Bennett Boucher, City Manager FROM: Steven E. Bapp, Planning and Zoning Technician [inititial-SEB] Re: P & Z Meeting, 5-13-98. A regular meeting of the Cape Canaveral Planning and Zoning Board was held on 5-13- 98. The Board recommended the following ordinances for approval: 1. Board recommended approval for a new definition of fence: Fence means a structure forming a physical barrier, which is constructed of wood, or a similar lightweight building material (Reason: Current definition does not allow for the stockade fence (most common type). This definition will also prevent a permanent, solid, block or concrete wall from being classified by a landowner as a fence.) (ORD # 20-98) 2. Board recommended the deletion of Sec 110-334 (10), use of R2/R3 in a C-1 Zoning District. Delete the following section from the Code of Ordinances: Single-family dwellings, two family dwellings, townhouses and multiple family dwellings' provided, however, there shall not be more than 15 dwelling units per net residential acre. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 district. (Reason. This will eliminate'spot zoning' within C1 districts, and keep with the intent of the development of the A1A/Astronaut Blvd. Corridor.) 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 § 110-334 CAPE CANAVERAL CODE (8) Retail stores using outside display areas, provided the following are met: a. The area of outside display shall not exceed in size one-third of the enclosed area of the principal structure. b. The outside display area shall be con. sider ed the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (9) New and used automobiles, major recre- ational equipment and mobile home sales or rentals with accessory services, subject to the following: a. All outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abut- ting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. c. All servicing and repair activities, ex- cept gasoline pumps shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than tem- porary storage not to exceed 30 days, and these vehicles shall be in an en- closed area and not be visible from out- side the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. (10) (11) Commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. c. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition so as to ensure obstruction from view. (12) Public utility equipment; uses and rights. of -way essential to serve the neighborhood in which it is located. (13) Theatres, drive-in theatres, photographic studios, bookstores and dance studios, un- less such uses fall within the scope and re- strictions of section 10-86 et seq. (14) Carwashes, including polishing, and sale of related materials. (Code 1981, § 637.51) Sec. 110.335. Prohibited uses and structures. In the C-1 low density commercial district, the following uses and structures are prohibited: (1) All uses not specifically or provisionally per- mitted in this division. (2) Any use which fails to meet performance standards specifications as provided in sec. tion 110-466. (3) Bottle clubs. (Code 1981, § 637.53) Sec. 110.336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be reouired: (1) Minimum lot area shall be as follows: a. Service stations, hotels and motels, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 fee:. (4) Maximum lot coverage shall be 50 percent. CD110:40 Planning & Zoning Board Meeting Minutes March 11, 1998 Page 4 2. Discussion Re: 6 ft. High Stockade Fences. Vice Chairperson Russell advised that this discussion item was brought to him as a concern from the Building department. He explained that fences and walls were defined in the code of ordinances as the same. However, there were distinctive differences. He explained that the standard basic stockade fence is 6 ft. high, solid, made of wood and is in violation of the city code because it is not 50 percent open to air and light. He advised that the city needed to amend the code to allow them. Discussion followed regarding fences, walls and hedges. The Board requested that city staff draft an amendment to the ordinance to allow 6 ft. high stockade fences by removing the 50 percent open to air and light requirement. 3. Discussion Re: Properties Considered for Proposed C-2 Zoning District. Vice Chairperson Russell suggested that the Board take it upon themselves to go ahead and rezone those properties indicated as C-2 on the future land use map. He explained that if the city waited for the property owners to change their zoning, it would not be done consistently. Mr. Nicholas reminded the Board members that this request was brought to the city by one property owner which had prompted the city to create the C-2 zoning district. Since that property owner no longer had prospective tenants interested in his property, the owner did not care if the City changed the zoning. Mr. Russell pointed out that the C-2 zoning ordinance was created to add and encourage additional uses to those properties. (The Board did not come to a conclusion regarding this discussion item). 4. Discussion Re: Special Exception for Residential Use in the C-1 Zoning District. Vice Chairperson Russell advised that this allowance had been in place for approximately 15 years. The owners of these properties pay property taxes based on commercial land use. He asked that the city give consideration to eliminate the special exception in the C-1 zoning district. He advised that eventually, the commercial corridors will be mostly residential and not the commercial uses that the city had intended. Planning & Zoning Board Meeting Minutes March 11, 1998 Page 5 Mr. Nicholas commented that the ordinance had been abused over the years and he had no objection to removing the residential use by special exception. Mr. Bergen voiced his opinion that special exceptions were considered spot zoning. After discussion, the Board requested that city staff draft an ordinance to eliminate new special exceptions for residential use in the C-1 zoning district. There being no further business, the meeting was adjourned at 9:40 P.M. Approved on this 8th day of April ,1998. Beatrice McNeely, Chairperson Susan L. Chapman, Board Secretary Planning & Zoning Board Meeting Minutes May 13, 1998 Page 4 The Board members reviewed the proposed ordinance. City Manager Boucher explained that the existing code did not include definitions of "existing grade" or "finish grade". Mr. Boucher explained that there was some question recently regarding measuring building height. Attorney Goldman advised that staff was also recommending rewording definitions for "height of building" and "fences" to clarify the terms. Chairperson McNeely pointed out that the existing definition of fences did not allow the installation of a standard 6 ft. high stockade fence. Mr. Russell added that there existed several of these standard fences erected around the city and amending the definition would bring them into compliance. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval to amend Section 110-1, Definitions, as presented. Vote on the motion carried unanimously. > 5. Discussion & Recommendation Re: Amending Section 110-334 Special Exceotions Permissible by the Board of Adiustment by Deleting Residential Construction in the C-1 Zoning District The Board members reviewed and compared the city's existing zoning map along with an existing land use map prepared by city staff. Mr. Bapp advised that the city attorney prepared a proposed ordinance as per the Board's previous discussion to recommend deleting residential use by special exception in commercial zoning districts. Mr. Bapp depicted properties currently developed as residential in the existing C-1 zoning districts. He explained that the proposed ordinance would eliminate all future construction of residential in the C-1 zone. The Board members compared the two maps. Attorney Goldman advised that by changing the ordinance, the city would be making the existing residential uses in C-1 non- conforming and if more than 50% of the property is destroyed, the property could not be re -developed as residential. Vice Chairperson Russell explained that previous to the zoning map being adopted, some property owners along Al desired to develop their properties as residential. The city created the zoning districts using natural boundaries as a guide. It was the city's desire to develop the 1st blocks along A1A as commercial. Planning & Zoning Board Meeting Minutes May 13, 1998 Page 5 Mr. Russell continued to explain that residential use by special exception had been created for those property owners who wanted to build residential units in that area. Through the years, residential units have been developed in the C-1 zoning districts throughout the city. He questioned if the city wanted to continue to allow residential uses encroaching into the C-1 zoning district. The Board recently had this discussion and decided to eliminate residential by special exception in the C-1 zone. He advised that the city needed to protect the C-1 zoning districts otherwise, the character of the city's main thoroughfares will be changed to residential. He noted that the residents residing in the commercial zoning districts were paying commercial tax rates. The Board members reviewed and discussed the existing areas developed as residential along N. Atlantic Avenue along with the different types of commercial existing uses. After discussion, by consensus, it was the Board's desire to eliminate residential use by special exception. Mr. Nicholas pointed out that there were many residential special exceptions granted but never developed therefore, adding value to the properties for selling purposes. It was the Board's desire to develop the properties along the city's main thoroughfares as they were currently zoned. Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of the proposed ordinance to City Council to eliminate construction for residential use in the C-1 zoning district. Vote on the motion carried unanimously. Audience Comments: Mr. Wayne Jefferys, resident, voiced his concern regarding dumpsters not being properly screened and dumpster areas not being properly maintained. He had submitted written complaints to the city with no response. City Manager Boucher suggested that Mr. Jefferys meet with him regarding his concerns. There being no further business, the meeting was adjourned at 9:45 P.M. Approved on this day of ,1998 Beatrice McNeely, Chairperson Susan L. Chapman, Board Secretary