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Packet 03-05-2002
i 4n'e City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 5, 2002 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEW: James Hale, Code Enforcement Board CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 5, 2002. 2_ Resurfacing of (12) Shuffleboard Courts in the Amount of$5,689.00 to the Nidy Company. 3. Lifeguard Services Contract with Brevard County in the amount of $9,756.00. 4. Cooperative Purchase of 106 Sable Palms in the amount of $10,282 to Manicure American Landscaping. 5. Sole Source Purchase of (2) Valve Spur Gear Assemblies in the amount of$5.121.50 to American Flow Control. 6. Cooperative Purchase of a Dodge Pick-up Truck in the amount of$16,647 to Jack Caruso's Regency Dodge, Inc. 7. Audio/Visual Production Agreement with Communications Concepts, Inc. to update the City Marketing Video in the amount of$4,928. 8. Cooperative Purchase of Alchemy Imaging Software and Training in the amount of $16.442. 105 Polk Avenue . Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1200 • FAX(321) 799-3170 • kn.state.A.uslcape/ e-mail: cape@iu.net 00 of Cape Canaveral, Florida FMarch ity Cound Regular Meefing 5, 2002 age 2 ORDINANCES: Public HeMna: 9. Motion to Adopt: Ordinance No. 01-2002; Setting Forth and Adopting the First Small-Scale Plan Amendment for 2002 as Provided in CPA-02-1. % Motion to Adopt: Ordinance No. 02-2002; Amending the Official Zoning Map as Described in Section 110-246 by Changing the Class of Certain Property from R-2 to M-1 on 4.601 Acres and R-2 to C2 on 5.375 Acnes. 11. Motion to Adopt: Ordinance No. 03-2002; Amending Code Section 2-102, Deputy City Manager- 12. Motion to Adopt; Ordinance No. 042002; Amending Code Sections 2-57, Special Meetings; 2-58, Workshop Meetings; 2-59, Preparation of Ordinances and Resolutions Prior to Meeting; 2-00, Preparation and Notice of Agenda; 2-04, Call to Order, Quorum, Roll Call and 2-05 Minutes. 13. Motion to Adopt; Ordinance No. 05-2002; Amending Code Sections; 2-219, Open Market Purchase Procedures; 2-222, Cooperative Purchasing and 2- 224, Blanket Purchase Orders. 14. Motion to Adopt; Ordinance No. 06-2002; Amending Code Section 6-51, Streets, Alleys, Sidewalks and parking Access. RESOLUTIONS: 15. Motion to Adopt Resolution No. 2002-09; Supporting the Town of Maiabar's Right to Home Rule. 16. Motion to Adopt: Resolution No. 2002-10; Designating a Public Park Area as an Off-Leash Dog Park DISCUSSION: 17. Welcome to the City Sign Concept 18_ Demonstration of Community Analysis Software Program.. f Cape Canaveral, Florida City Council Regular Meeting March 5, 2Q�02 Page 3 REPORT$: 1. City Manager 2. Staff 3. City Couurtcil AUDIENCE TO BE HEARD: Comments wil be heard on items that do not appear on the agenda of itis mm". Citizens wil limit their cornmterrts do five(5)minutes. The City Canal will not take any action under the"Audience To Be Heard section of the agenda.The Coanci may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105,Fbrida Stadttw,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 wd 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 in kxles 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 roll)evidence of otherwise wadmissible or irrelevant evidencenor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabi ities needing assistance to parbcgxde in any of these proceedings should contact the City CleWs office(86&1221)48 hours in advance of the meeting. OOIF MEMO Date: February 25, 2002 To: Susan Stills, City Clerk From Susan Chapman, Code Enforcement Board Secretary Re: Recommendation to Appoint James Hale to the Code Enforcement Board Applicant, James Hale, was interviewed by the Code Enforcement Board members at their meeting on February 21, 2002. By unanimous vote, the Board voted to recommend that City Council appoint Mr. Hale to the Board as soon as possible. 4. Ir7CITY OF CAPE CANAVERAL, FLORIDA City Board Application Please complete both sides Applicant Name: James C. Hale Home Telephone: 783-4246 Home Address: 110 Washington Ave E-Mail Address: g ; tai z,no-eom Business: n/a Business Telephone: n/a Office Address: n/a Brief Description of Education and Experience: High School Four Years, Air Force, Camera Repairman Thirty Two Years, Postal Service Are you a registered voter? Yes xx No Have you been a resident of the City for 12 months or longer? Yes xx No Do you currently hold a public office? Yes No xx Are you presently employed with the City? Yes No xx At the present time, do you serve on a City Board? Yes No xx At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father- in-law, mother4n-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No xx At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes xx No Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Construction Board of Adjustment&Appeals; Board of,adjustment" Library Board Business and Cultural Development Board Planning and Zoning Board' xx Code Enforcement Board' 1st Recreation Board Community Appearance Board' `A'3mbers of these Boards ane required to complete Financial Disclosure Fortes upon appointment to that Board and prior to July 15th of each year following the initial appointment while stiff a member. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: Civic minded willing to volunteer for positions that need to be filled by citizens of this community. I am mechanically inclined, capable of reading blueprints, electrical -schematics, plats, etc_ _ As a former member of the Beautification Board , T am familiar with the w ' Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes No xx Applicant's signature: SJG :✓ Date: 9-25-01 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 5, 2002 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Jim Morgan Mayor Rocky Randeis Mayor Pro Tem Buzz Petsos Richard Treverton Council Members Absent: Larry Weber Others Present: Bennett Boucher, City Manager Mark McQuagge, City Attorney Susan Stills, City Clerk Moms Reid, Building Official Nancy Hanson, Recreation Director Dave Sargeant, CCVFD, Fire Chief PRESENTATIONS: City-Wide Clean Up Sponsors Mayor Randels acknowledged and spoke on the efforts of those who participated in the Citywide clean up project on Saturday, January 19th. He presented recipients with a Mayor's award for their service to the City. Deputy Victor Velez accepted by Lt. Gary Young Deputy Dee Meisner Linda Frank, Waste Management, Inc. Keep Brevard Beautiful, Kacee Weber and members of Citizens for a Cleaner Canaveral accepted on behalf of Larry Weber City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 2 Acknowledgement to Sargeant Dana Doucette Mayor Pro Tem Buzz Petsos related that Sargeant Dana Doucette would be leaving the Cape Canaveral Precinct due to a promotion to lead the Brevard County Bomb Squad Unit. Mayor Randels presented a Mayor's Award to Sargeant Doucette in honor of his 16 years of service at the Cape Canaveral precinct. Lt. Gary Young introduced Sargeant Bert Gammon as the new member of the Cape Canaveral Precinct. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mr. Boucher requested to remove Item No. 2 from the Consent Agenda for discussion. 1. City Council Regular Meeting Minutes of January 15, 2002. 3. Resolution No. 2002-06; Appointing a Regular Member to the Beautification Board. (Lisa Moore) 4. Resolution No. 2002-07; Appointing an Alternate Member to the Business and Cultural Development Board. (Gayla Schaefer) S. An Outdoor Entertainment Permit for the Patriot's Day Parade, Saturday, March 9, 2002. 6. Cooperative Purchase of a 2002 Ford Crown Victoria, for the CCVFD from Garner Ford Mercury, Inc. 7. Cancellation of the Regular City Council Meeting on February 19, 2002. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Items No. 1, 3, 4, 5, 6 and 7. The vote carried on the motion as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. 2. Budget Amendments and City Treasurer's Quarterly Report. Mr. Boucher explained that he chose to back out the increase in the Local Half-Cent Sales Tax. Mr. Boucher thought it premature to increase that amount at this time and the trend analysis shows the City considerably on target yet slightly under and he did not see a need for an increase at this time. Mr. Boucher explained that to proceed City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 3 with the increase would possibly reduce the contingency from its current $47,284 which would reduce the General Fund contingency to $19,055 and that would be his only change at this time. Mayor Randels explained further that the City Treasurer attempted to increase the Local Half-Cent Sales Tax revenue amount based on information from the County, however the Council chooses a conservative approach in that until the Sales Tax Revenue is received, credit would not be applied. Mr. Boucher noted that the pedway bridge improvements were accounted but the revenue would be booked in when the City enters into the Interlocal agreement with Brevard County. The contingency fund will increase by the $45,000 from the pedway bridge project. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Item No. 2 with the revision of backing out the increase of projected revenue of the Half-Cent Sales Tax of$28,229 and removing that amount from the General Fund Contingency. The vote carried on the motion as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Mr. Treverton, For. RESOLUTIONS: 8. Motion to Adopt: Resolution No. 2002-08; Requesting That the Florida Legislature Maintain All of Brevard County in One Congressional District. Mayor Randels read Resolution No. 2002-08 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO CONGRESSIONAL DISTRICT REAPPORTIONMENT; EXPRESSING CONCERN REGARDING SPLITTING BREVARD COUNTY INTO MULTIPLE CONGRESSIONAL DISTRICTS; REQUSTING THAT THE FLORIDA LEGISLATURE MAINTAIN ALL OF BREVARD COUNTY IN ONE CONGRESSIONAL DISTRICT; DIRECTING THAT COPIES OF THIS RESOLUTION BE FORWARDED TO CERTAIN MEMBERS OF THE FLORIDA LEGISLATURE, THE BREVARD STATE LEGISLATIVE DELEGATION,AND OTHERS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to approve Resolution No. 2002-08 for discussion. Mayor Randels explained that as a result of the census, changes are proposed to the boundaries of Congressional districts in attempt to even distribution. The population figure for the districts this year is 639,295. Therefore, the people in Florida are divided in blocks of approximately 640,000 for representation. In the Fifteenth Congressional District, Congressman Weldon's district, Brevard County has increased by 78,990 people and a line must be drawn to divide them_ Mayor Randels explained that the intent is to send a copy of this resolution to the people responsible for the redistricting and encourage them that those in Brevard and Indian River Counties would like to remain intact. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 4 Mr_ Morgan queried of Mayor Randels that if the County were split, who would it favor. Mayor Randels asked for clarification on favoring in which way? Mr. Morgan responded that for someone it would make a difference to keep it as is as one district and that would favor Congressman Weldon. Mayor Randels stated it favored that no matter who represents the district and he said that he would not like to have Cape Canaveral split in half with separate representation. Mayor Randels restated that the intent of the resolution is for the County to remain intact. Mayor Randels clarified that as an individual he did not desire to see the City split for representation. Mr. Treverton expressed that he also favored maintaining cohesion with one representative. Mayor Pro Tem Petsos advocated in an opposing viewpoint how it might be beneficial to have two representatives speaking on behalf of the space industry. Mayor Randels responded that the intent is good if the space industry is the interest of both parties. Mayor Pro Tem Petsos expressed his favor however in keeping the County together for the benefit of making a uniform decision and not divided by the special interest of different districts. Mr. Treverton restated his favor for cohesion in the district and expressed that he did not choose to become susceptible to gerrymandering of legislative decisions due to a split district_ Mayor Randels directed the City Clerk or City Manager to forward a copy of the resolution to the members of the delegation committee. The vote carried on the motion as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; and Mr. Treverton, For. DISCUSSION: 9. Brevard Cnassings Mall. Mayor Pro Tem Petsos, who serves on the Regional Planning Council, provided background on the proposed mall. Mayor Randels expressed his concern with making a decision on a project in another city in light of the same practice being applied by other municipalities toward Cape Canaveral. Mr. Treverton expressed concerned on the effect of a larger complex on the existing local mall. Mr. Morgan said that initially it might be good for the economy but after a while the mall might feel some impact. Mr. Boucher stated that the Cocoa Beach Area Chamber of Commerce is in favor of the new mall. Mayor Pro Tem Petsos related that consultants have reported that there would be a marginal effect on the Merritt Square Mall however the mall would not dose completely. Discussion continued on the possible impact of the new mall. Mr. Morgan said that he would like to see more information on the project. Mayor Pro Tem Petsos said that a presentation on the project might have been beneficial for background purposes and he also expressed that the Council might not be in a position to take action on a project in another city. Council instructed the City Manager to relate that the Council did not have enough background information to make an informed decision. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 5 REPORTS: 1. City Manager • Mr. Boucher distributed renderings of the AllA welcome sign designed by Canaveral Port Authority. Mr. Boucher reported that the location for the sign was not yet chosen. He stated that he met with John Pekar and Chuck England of Stottler, Stagg and Associates and Leo Nicholas and Jovan Barzelatto of the City's advisory Boards to work on a concept for the City's welcome sign. The committee gave SSA some direction on location, possibly a 40 by 40 area on the southern part of the Port leased land. Mr. Boucher reported that the committee suggested a waterfall theme with the welcome sign. Mr. Boucher intended to clarify the committee's direction with the Council insofar as a waterfall theme. Mr. Boucher said that the overhead message board signs were also reviewed. He said that there was room on the southernmost overhead block for an aluminum sign. SSA was tasked to determine the feasibility of that concept with the Department of Transportation. Mr. Boucher related that Malcolm McLouth, Executive Director of the Port Authority, said that the Port was willing to place the sign at the Port's expense_ However, if a waterfall theme were used, then the City would be responsible for the balance of cost. Mayor Randels clarified that the Port proposed a 60-foot,4-foot high wall with 12-inch letters that read, "Welcome to the City of Cape Canaveral."This rendition was approved in 1999. Mayor Randels explained that if any other concept were used aside from the rendering, it would require re-location since there is no space for a waterfall on a DOT right-of-way. Mr. Nicholas responded that the sign was not proposed in the right-of-way. Mr. Boucher reported further that the committee tasked SSA to find a dry location on the southernmost part of the Al A parcel of leased port property for the sign. Once located the committee will reconvene, look at the site and begin to work in more detail with concepts such as the waterfall. Mayor Randels clarified that the City Manager requested that the Port hold off on proceeding with the City's sign. Mayor Randels summarized the consensus in that the Council wanted more than the 4-foot high sign with block letters. Mayor Randels stated for the Committee's guidance that the consensus of the Council is that the welcome sign is the entrance to Cape Canaveral, we would like to design a sign for the City, and we desire more than what is presented in the rendering from the Port. Mr. Boucher stated that the committee is tasked to find a location as well as to consider a water theme and landscaping to improve on the design rendered by the Port. When the committee returns with a recommendation, they would have a footprint to take into consideration_ Mr. Boucher asked for feedback from the Council on an aluminum overhead sign. Mr. Boucher related that traveling northbound approaching the Port, there are overhead message boards. The committee is inquiring about an aluminum sign to utilize available space. Mr. Boucher related another sign consideration for the southbound traveler that would read, "south Al A, Cape Canaveral and Cocoa Beach' to display more information. Ms. McNeely expressed her concern with possible spill over lighting from the overpass. • Mr. Boucher announced a meeting at the Canaveral Port Authority on Friday, February 8'h at 10 A.M. concerning revisions to the Port's Future Land Use Plan. He explained this as an opportunity to discover how the Port plans to address its future City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 6 growth. He encouraged Council Members to attend. Todd Peetz, City Planner, would also attend and Mr. Boucher invited members of the Planning and Zoning Board as well. • Mr. Boucher reported that staff is working on remodeling City Hall. Mayor Pro Tem Petsos related that the Sheriff's Department is willing to relinquish half of the bay and he would like to pursue using that portion of the bay for Council chambers and moving the Building Department to the Council Chambers. • Mr. Boucher reported that the Navy Band cancelled for the Patriots Day Parade event. Ms. Hanson expressed that official events take priority for the Navy Band. Mayor Pro Tem Petsos related that Cocoa Beach High School is attending a state championship. • Mr. Boucher reported that the Beautification Board ordered a bronze plaque and pedestal for the Bennix dedication and they would schedule a dedication once the plaque shipping date is near arrival. • Mr. Boucher reported that the Recreation Board is working on tate George Firkins dedication at the Manatee Sanctuary Park. A park dean up is underway. • Mr. Boucher referred to a grid that displayed the business owners who have agreed to the Al landscaping project. Mr. Morgan related that he met with Joyce and Jerry Sales and answered as many questions as he was able and he encouraged them to proceed if they were willing to allow the City to landscape their business. • Mr_ Boucher related that he met with Congressman Weldon and Mr. Boucher expressed that it would be appropriate for the City to present the Congressman with an acknowledgement for his work on the beach restoration project. Mayor Randels suggested a Key. 2. Staff Mr. Reid • Mr. Reid noted his quarterly report and growth in the City emphasizing how this affects other related City departments. Chief Sargeant explained that when the Fire Departrnent inspections are performed, parts of construction must wait during the interim. Chief Sargeant commented that a part-time or over-time person would suffice to handle the fire inspection overflow. Chief Sargeant • Chief Sargeant related that some determinations have been made on the Fire Code that would affect the City in that all two-story buildings are required by the State to be retrofitted with alarm systems. Since 1985, no changes were made in the life- safety code however the City of Cocoa Beach requested a ruling which resulted in the exemption that existed which provided for exterior balcony buildings is no longer applicable_ Chief Sargeant responded to Mr. Treverton's question on cost for retrofitting in that $10-to$50,000 is his approximation. Chief Sargeant informed that any alarm system that is replaced since 1985 must have a sounding devices in every unit and two devices for some units that do not reach 90-decibels. Chief Sargeant stated that the new requirement is state law with no choice for opting-out. He affirmed for Mr. Morgan that the final interpretation is that of the State Fire Marshall. Chief Sargeant informed that a larger unit, such as Canaveral Towers is required full sprinkler systems within 12 years or to develop an engineered life safety plan. He said that smaller condominiums have the option of separation of each unit by a one-hour City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 7 fire barrier or individual stairways for every unit. Chief Sargeant asked for the Council's guidance on how to proceed with administering the code and suggested a minimum of three years to retrofit units with sprinkler systems. He questioned how the City would proceed with enforcement until time to fully enforce this law? Mr. Morgan said why not a letter explaining the new law and revisions. Chief Sargeant restated that he is asking the Council for the number of years to retrofit and would Council agree to mass letters for notification or handle on a case-by-case basis. Mayor Pro Tem Petsos recommended contacting the League of Cities and finding out if they have notified the cities and set a standard timeframe. Attorney McQuagge suggested the following plan of action: 1) identify the buildings 2) notice the appropriate parties and make the compliance period part of the initial notice and 3) hold a public hearing through an agenda Council item for discussion. In contrary to a publication, any parry that received notice would have an opportunity to discuss and be heard on public record and that the City has informed them to the best of its ability on the changes and what is expected of them. This process would satisfy any possible liability on the City's part in the case of some unfortunate incident. Council directed a meeting for the Chief Sargeant,Attorney McQuagge and Mr. Boucher to begin implementing the notification plan. City Clerk • No report_ City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Frederick Robinson, a member of the senior advisory council, related the hospital's concern in that the Cape Canaveral hospital expansion project may be thwarted by environmentalists that chose to block the progress. He stated that the City of Cocoa Beach Commission is against the project. Mayor Randels related that the City Council was in support of the expansion project_ Mr. Robinson responded that the Council's support is appreciated. He stated that a minimal amount of filling is involved. Mr. Robinson expressed that the views of the Cape Canaveral Council are equally as important as the views weighed by the City of Cocoa Beach. • Mr. Roland Carlson expressed his concern with land regulation. He explained that the property he is trying to rent to store the boats is not appropriate for that use unless he expends money for a special exception before the Board of Adjustment. The owner had displayed storage signs and was told to remove them unless he went before the Board of Adjustment for a special exception. Mr. Carlson contended that he was speaking of parking registered vehicles with permission of the owner and he explained that this is a source of his income. Mr. Carlson expressed that the City Code does not say anything about a registered vehicle. Attorney McQuagge clarified that Mr. Carlson would need a special exception for the use of storing the boats. Mr. Carlson asked if the Council could waive the fees and stated that he is indigent. Attorney McQuagge stated that there is no waiver on the application fee based on indigence to corse before the Board of Adjustment. Mayor Randels clarified for Mr. Carlson that the City Council does not have the authority to waive the fee of another Board_ Mr. Boucher stated from the City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 8 code that for proposed zoning amendments or appeals of administrative decisions the fee could be waived by petition to Council. These are the only two conditions. Mr. Carlson asked who makes the decisions of the Board of Adjustment. Mr. Boucher responded that the Board is quasyudicial and their actions are based on findings of fact. Mayor Randels restated for clarification that it is not within the Council's authorization to waive the fee of the Board of Adjustment. 3. City Council Mr. Morgan • Mr. Morgan said that he was going to report on the letter from Mr. Robinson and his other item to report on, Jerry and Joyce Sale, was brought up at another time in the meeting. He had no other items to report. Mr. Treverton • Mr. Treverton reported that he rode with Deputy John Potter and he related about the professionalism and compassion that the Law Enforcement officers show the citizens. He expressed that he plans to do this every year. • Mr. Treverton related that it has been several months since the City of Cocoa Beach has taken any reuse water. • Mr. Treverton reported that he observed that a child ran in front of his vehicle due to a trolley that had pulled oft the road to disembark passengers. Mr. Treverton said that perhaps the flashers or school bus stop amps could be used to help with safe pedestrian crossing. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos asked about the status of the presidential streets signs with a number after the name according to accession. Mr. Boucher suggested a reflective decal to attach to the sign. • Mayor Pro Tem Petsos asked Mr. Morgan if he approached the hospital on the idea of a community center. Mr. Morgan responded he was approached and he in tum approached Mr. Bennix since Mr. Bennix had a blueprint for a community center at one time and he had attempted to put the two parties together, but he has not inquired as to what has developed. Mr. Morgan said that he could put the gentlemen in touch with the hospital. Mayor Pro Tem said that this would be beneficial since the hospital promotes giving back to the community. Mayor Randels reported that he has a commitment from the hospital for staffing and assisting if the City would provide the building. Also, the county is willing to construct a building if it remains a County building and the hospital provides staffing. Mayor Pro Tem Petsos concluded that he would like to see a community center for both youth and seniors. • Mayor Pro Tem Petsos asked for more information from the community policing office in order to attend the functions that this office sponsors. Mr. Boucher responded that he would contact Commander McGee for additional information. • Mayor Pro Tem Petsos asked the City Cleric about the status of the school awards program. Ms. Stills reported that Cape View Elementary School had agreed to assist with award recipient names however she would continue to pursue the program with the Cocoa Beach .dr./Sr. High School. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 9 • Mayor Pro Tem Petsos asked for the status of a house on the corner of Orange and Madison Avenues that is operating as a halfway house. Mr. Boucher said that he submitted this concern to the Building Department and he also reported that his Intemet research found that the operator is incorporated as a halfway house. Mayor Pro Tem Petsos responded that the operation is not zoned for its use. Mayor Pro Tem Petsos related that the neighbors are concerned about the amount of activity at the house. He requested a status report from staff. • Mayor Pro Tem Petsos asked if the scoring sheets ranking the Stormwater Utility Consultants were made a part of the minutes. Attorney McQuagge recommended that the ranking sheets become part of the minutes for public record. • Mayor Pro Tem Petsos referred to a draft letter to the hospital and that the City Manager asked for issues and concerns that were not included in the final letter. Mayor Pro Tem Petsos requested that the City Manager keep him apprised of changes. • Mayor Pro Tem Petsos inquired about grants to obtain additional officers. Mr. Boucher responded that staff would consider and determine how these officers would remain after the grant expires. • Mayor Pro Tem Petsos thanked the Canaveral Precinct for the daily status reports. Mr. Boucher related from Commander McGee that this daily information would keep Council members informed in a timely manner more than the quarterly reports. Mayor Randels • Mayor Randels reported that on behalf of the City he met the Deputy Governor from the Ukraine and he related that as a result their country plans to bring a satellite to the area. • Mayor Randels attended Congressman Weldon's breakfast for an information session on municipal representative's concerns and how he could help. • Mayor Randels reported that the dredge is now delivering sand to Melbourne Beach however Satellite Beach and Indian Harbour Beach would not be dredged. • Mayor Randels reported on the proposed trolley expansion that would deliver the trolley one additional bk)ck to the Jetty Park area, one block north past the Sterling Casino then back to its primary course. Lary Mullins of the Sterling Cruise Line is willing to pay the $1 fee for anyone who rides the trolley as well as provide a gaming incentive. • Mayor Randels announced that Frank's Locksmith is open on Astronaut Blvd. • Mayor Randels announced that he attended an open house for Pro-Tek Occupational Health a walk-in clinic that is now open at the Port. • Mayor Randels displayed a local business directory published by Gary Kitchens through a private enterprise. • Mayor Randels reported that the COPS Fast Grant would expire on March 31, 2002. • Mayor Randels reported on a possible grant from the Florida Inland Navigation for the following items: public navigation channel dredging, public City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 5, 2002 Page 10 navigation aids and markers, public shoreline stabilization and waterway signs for safety regulations. Mayor Randels explained that on the end of 300 Columbia Drive residents dock boats in the canal. This canal extends to the south end of the wastewater treatment plant and turns north in front of the Manatee Sanctuary Park area. A gentleman noticed from an aerial position that there is an inlet that would provide direct access to the deep water. If the inlet were cleaned, direct access could be gained to the deep water without disturbing the Manatee Observation Deck area. Mayor Randels said that the application is available is there is any interest. Mr. Morgan noted the Canaveral River is in terrible condition east of Astronaut Blvd. Mayor Randels responded that Mr. Harold Gould would not allow cleaning behind his property that is north of Central Blvd. Mr. Gould would not allow City staff on the drainage ditch easement. Mr. Boucher inquired if action could be taken to compel Mr. Gould to allow the City to clean that portion of the ditch due to health/safety reasons. Attorney McQuagge stated that the City has an access easement. Mr. Boucher responded that the heavy equipment requires more room than the easement allows. ADJOURNMENT: There being no further business the meeting adjourned at 9:45 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 03-05-02 AGENDA Consent uriwffv�k lwm 2 No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESURFACING OF (12) SHUFFLEBOARD COURTS IN THE AMOUNT OF 55,689.00 TO THE NIDY COMPANY DEPTJDIVISION: PARKS&RECREATION Requested Action: City Council consider the sole source purchase of shuffleboard court resurfacing in the amount of$5,689.00 as recon v nended by the recreation director. Sammary Eipiaaatioa & Backgroand: $7,000.00 has been budgeted for this project. I support the recreation direector's recommendation. . Exhibits Attacked: Recreation Director's memo of 02-26-02 City M 016" Department PARKS&RECREATION z�n�-oso�m�aaa CITY OF CAPE CANA'WrERAL PARKS &. RECREATION DEPARTMEINT 300 N. ATI ANTIC AWNIIE* P.O. BOA:326 (321)868-122; Feil address:par{ nsoc(&-:iunct MEMO TO: Mayor, Council'Mcmbers FROM: Nauc� Ranson, Parks&.Bocxeatioa I?ircxor DATE: February 2% 2002 RE: The Nidy Company's Proposal for Rexurfiwing Shuffleboard Courts Find attached the written bid proposal from the Nldy Company for the remufaciag the twelve(12) shuffleboard courts at the Becreation Center. Even though the quote for Ave thousand sla hundred eibty nine dogs(=3,689.00) is dated October IL 2001,Mr. NW will bonor the price quote now. As you may recall.the 2000-2001 budget included the resurfacing of the shuffleboard courts but that money was reallocated for the tennis court The 2001-2002 budget includes monies to resurface the shu!llc board courts but was pat on boll until the revenue picture became clearer. I am r - ugg that the NW Company be accepted as a"soic source"bid and that the courts be resurfaced as soon as possibic. The NMI,) Company has been building and 1 shnffieboard courts for seventy years. To my knowledge,they arc the only company to do sm When the Becrcation Complex was built in 1973,the building coubseter did an inadequate job with the courts and Nilly was caller[In to correct the oonstrua#3ao elle.surfiwfmw. The two times since that the courts have been resurfaced,Nidy was,to my recoRection, the only bidder. The Nim Company docs a Arlt class job and I'la gaitc certain that k will be years be6mv the courts will have to be again. 'llsank you for this request. CpY1f IpQ 1V"l�Y Ga.- �.�fr ,92aF i 114,1 0(n$ aSSOtrar0■ P.O. BOX 730 2300 COUNTRY CLUB ROAD SANFORD, FLORIDA 32772-0730 TELEPHONE (407) 330-9466 PROPOSAL City of Cape Cana%eral Parks and Recreation CONTACT: 188-32 Attn: Nancy Hanson DATE: October 11,2001 7300 N. Atlantic Avenue Cape Canaveral. FL ?2920 • Pa.,..e7^a Our base price for work on twelve(12) shuffleboard courts,as noted below. Payment to be upon completion. Price subject to change after 30 days. This price is based on the work being undertaken while The Nidy Company is Baset:a working in the general vicinity. Bases SCOPE OF WORK: I) Machine clean surface of courts to remove old wax and dirt. Pit•_y G,eers 2) Prepare surface of courts same as noted above. 3) Install NICO green special non-suction surface and make ready for play. ft.,,.a��re Gon NOTE:The use of glass beads and waxing of courts IS NOT required with this surface. - Paco a Tenrng NOTE: Surfacing of courts will NOT level or remove any variations from surface of courts. • a�_e 'MOTE:Any cracks in courts may reappear after resurfacing due in part to the expansion and contraction of the concrete slab from daily variations in ambient temperature. °Ile'Oa. Complete this work for the sum of Five Thousand Six Hundred Eighty Nine and 001100 dollars($5,689.00). llasesrce ACCEPTED DATE F CTC•Cdll nc porta*pct thstl 0 the c.an Nal pa�*ntm n nd nude as prtntded Vacua.Coaaactm air tnaaare Eas mmem refine 10 cmgletr any-ort na mmig paanarn so the eonegt t.am my *horse PMPM*K armsdentats,chmgm of eedtfinmo Sana and we for tk psysett dtc pi -orb pafa+.ed by taatrannr ap r KJ the door or setsdu6w4 mch.6%a"aswuhle profit and aVnccb,cell costs.0"m 's fan taehsdnt aoorney i kin shred o asbreanon aad adareatratrue 9 ad all naa and rtdaal Kum atad • *peak).ad+n[bat a the oar Tot .=Is of 1 1'%per m.1k I h.P"uv In Eft teem of 144atroo of tha cnn:*a-t.�erwe of save shad he w Se wwk County.Floada ad the pmmhat part'shall be ended b as award of remooable acomcys fees and c*su Gan dw • F tress T,a,ls ewrfr loot party Insurance Certificates and Licenses ProvKW Upon Request*Any changes or additions to standard coverage at additional cost BCE^?-B5? THE NIDY COMP ti' By Lyn S. N y, resident Meeting Type: Regular Meeting Dstc: 03-05-02 AGENDA Convent em as CAN CNAM c fkn 3 So AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: LIFEGUARD SERVICE CONTRACT WITH BREVARD COUNTY DEPTJDIVISION: PARKS& RECREATION Requested Action: City Council consider the approval of the lifeguard service contract with Brevard County in the amount of $9.756.00. Summary EVIanatioa& Background: The contract is the same as last year's contract. I recommend approvaL Exhibits Attacbed: Recreation Director's memo of 02-26-02;Lifeguard Contract City M Office Departomt PARKS&RECREATION CM m ao< CITY OF CAPE CANAVERAL. PARKS dig RECREATION DEPARTMENT 7:V►N. AT1XwMC AVEIE *P.O.BOX 326 (321) 8681227 E-mail address:parknreewia.act MEMO TO: Mayor, Council Members CC: Bennett Boucher,City Manager PROM: Nancy Hanson,Parks dig Recreation Director ; DATE: F brumes 28,2402 RE: Llfcwoard Contract Find attached the lif card contract for 2002. I reviewer the contract and wlth the exception of the fee,which has been Increased 3%($464.00)and itetau 6.7.8&9 on page 4L the contrast is esaeotialy the same as in past years-one guard station on 71 lcrAvenuc and a rover. Service will begin on weekends only March 3W9 Increase to dally f$roma May 22-August 8 then resume on weekends only throes Labor Day weckrn& BREVARJ *V4 BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST .+ C PUBLIC SAFETY DEPARTMENT FIREIRESCUE 79W^-- (321)633-20M 1040 S Floods MK.,Rocldsdge R 32455 Fax k321)633-2057 oRIOP February 19, 2002 Bennett Boucher, Coy Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Mr. Boucher: Attached is the proposed FY 2001-2002 Ocean Lifeguard service contract for your city. Terms of the agreement are-for the period commencing March 30, 2002 and tenminating September 2, 2002. The services outlined in the attached contract total $9,756.00, and are payable in sic (6) monthly payments due the last day of each service month. The first payment is scheduled to be due on April 30, 2002. It is requested that two (2) signed agreements be returned by March 4, 2002 to the Brevard County Public Safety Center, 1040 S. Florida Avenue, Rockledge, FI. 32955. Once the agreement Is approved, one (1) signed original contract will be sent to you. Please contact my office at 633-2056, extension (5)2558, if I can assist you in any way. Sincerely, ]ak Dir rBPublic Safety PFONTED ON RECYQ ED PAPER AGREEMENT THIS AGREEMENT, made and entered into this day of , 2002, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City Is desirous of obtaining the services of the County In providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01 (1 )(b), (f), Florida Statutes. NOW, THEREFORE, In consideration of the covenants herein contained, It Is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing March 30, 2002, and terminating on September 2, 2002. The County hereby agrees to provide USLA (United States Lifesaving Association) and First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing March 30, 2002, and terminating on September 2, 2002. 2. PAYMENT: For the services outlined herein, the City shall pay to the County Nine Thousand Seven Hundred Fifty Six Dollars ($9,756.00). Such payments are payable in six (6) monthly payments due on the last day of each month. The first payment is due on April 30, 2002, and the final payment Is due on September 30, 2002. 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and USLA and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: 1 . Tyler Avenue within a portion of the beach 75 yards north and south of one ( 1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (one (1 ) person) located at Tyler Avenue and, additionally, there will be one (1) Roving Patrol (one (1 ) person) on duty. C. Said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 30, 2002 and ending on September 2, 2002, on the weekdays from 10:00 a.m. until 5:00 p.m. beginning May 22, 2002, and ending on August 8, 2002. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, In the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services In the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. 2 After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the vlcdm(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. In search and rescue operations and body recovery, the officer In charge from the Brevard County Lifeguard Division will relinquish Incident command/control of the scene to the law enforcement agency with jurisdiction in the area. In medical emergencies, vicdm/patient care will be immediately transferred to the most qualified BLVALS provider. In such circumstances that the BLVALS provider has begun resuscitation efforts upon the vicdm/padent, having determined that the victim/patient has no respiration and no pulse, the law enforcement agency with jurisdiction in the area of the scene may take incident command/control of the scene, declare the scene a crime scene, and direct the resuscitation efforts by the BLS/ALS provider be terminated. Under such circumstances that the law enforcement agency takes command/control of the scene, the agency shall have complete responsibility for the scene. 4. LIABILITY AND INSURANCE: A. Each party is independently liable for all personal Injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 3 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. 7. ASSIGNABILITY: The City shall not assign any portion of this Agreement without the written permission of the County. 8. JURISDICTION, VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed In Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 9. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except In writing and executed by all parties. 10. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 30 days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 4 11. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City be delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 12. MODIFICATION AND DEFINITION OF CONTRACT: The parties agree that there are no other terms or agreements other than as contained herein. No additional verbal or oral representation shall be effective unless reduced to writing and executed by both parties. 13. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non- lury. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. By: Tom N. Jenkins, County Manager WITNESSES: CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager 5 Meeting Type: Regular Meeting Date: 03-05-02 AGENDA Clod 1 env OF CAMCANAVO" 4 �o AGENDA REPORT CM COUNCH.OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF 106 SABLE PALMS DEPTJDIVISION: BEAUTIFICATION Requested Actio■: City Council consider the cooperative purchase of 106 Sable Palms in the amour of$10,282 to Manicure American Landscaping as reconine ded by the Beautification Board. Sumary Expbuatiou& Background: The Beautification Board reviewed the plaiting sites at their 02-12-02 nweting;see attached map. Tlx cooperative purchase uses the City of Cocoa Beach bid I recommend the appropriation of Ben nm funds. Exhibits Attacbed: Public Works Director's memo of 02-19-02 City M ffia Department BEAUTIFICATION 3-0so2�.rasao� MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed GarduIski Public Works Director DATE: February 19,2002 SUBJECT: City Council Agenda Item for March 5'h 2002 Cooperative Purchase for Services from Manicure America Landscaping Cocoa Beach award a landscape bid CBO 1-004 for their 520-landscape project to Manicure American Landscaping. The City of Cape Canaveral's Public Works Director in regards to a cooperative purchase agreement contacted Manicure American Landscaping. The firm's manager,Jason Sauriel. stated that they would honor the bid prices if the City of Cape Canaveral will purchase about the same quantities as the City of Cocoa Beach. Attached is a copy of the bid tab sheets for palm trees. Staff reviewed the itemized unit price and agreed that they were very good. The price includes delivery, installation, initial watering and a one-year guarantee. The 60 palms are the minimum quantity that can be purchased at the price of$97.00 per tree. The City of Cocoa Beach and Manicure American Landscaping were both very helpful in supplying the City of Cape Canaveral with this information. The Public Works Department has identified landscape locations that will utilize 106 Sable (Cabbage)palm trees that will be supplied by Manicure American Landscaping. Attached City-of Cape Canaveral map depicts the various locations for the palms. More specifically,the location are along East Central Blvd, Ridgewood and Atlantic Ave. On February 12th, this landscape plan was presented to the Beautification Board and was approved. Recommend the approval of a cooperative purchase agreement with Manicure American Landscaping in the amount of$10.282 and the appropriation of the necessary funds. Attachment CC: File City of Cape Canaveral rr-(NWF Imam AFAPCMT ................. ......... OCEAN WOOM AREA Streets N GCT_1 ;-ei 66 :37 an P_91 0%)'RE 4 1 LANDSCAPING - ocT 2001ifl 64 Sweel Stw UrKv • % t'tik in k-, Florit i:i2sxg-I%i; (3311 7(WA 56• (h4 wr) J^m Si rk)l CITY OF CAPE CANAVERAL PALM TREE ESTIMATE TO WHOM IT MAY CONCERN : DELIVERY , INSTALLATION AND A ONE YEAR GUARANTEE ON A MINIMUM OF 60 CABBAGE( SABAL)PALMS @$97.00 PER TREE . PRICE QUOTED IS FOR TREES FOURTEEN FEET TO SIXTEEN FEET TALL, OVERALL . TREES WILL BE HURRICANE CUT FROM THE FIELD . TREE RINGS WILL BE FORMED AROUND THE BASE OF ALL 7R.EES TO ENSURE WATER GOES DIRECTLY TO THE ROOT BALL .TREES WILI,BE WATERED IN UPON INSTALLATION , HOWEVER IT IS THE JOB OF THE CITY TO WATER TREES ON A REGULAR BASIS AFTERWARD . PAYMENT FOR THE JOB WILL BE DUE WITHIN TWO WEEKS OF JOB COMPLETION . IF YOU HAVE ANY QUESTIONS PLEASE DO NOT HESITATE TO CALL ME AT THE NUMBER LISTED AT THE TOP OF THIS PAGE . THANK YOU, JASON services Available -- • 1-ell xltit troirligrrry sislutdt, Rtx l: Cxl.iiri�t/UtY c�r�rki�r ';Iwtk• .�kixxslll •11iti • �1uk Ivc:ylxrti��kir-ti Irrigation • Rt•rrinii�}; 1�'+l! INTEROFFICE MEMO TO: Charles W. Billias, City Manager DE �0C FROM: Kenneth W. Killgore, Finance Director N �e a � SUBJECT: Sole Source Procurement _ DATE: June 5, 2001 A��a The procurement of trees and landscaping materials for CB 01-004 the 520 landscaping project is under way at this time. Jerry Gust, Charles Holland & I have reviewed the responses to our proposal and determined that the low bidders for Increment # 1 (12 Zahidi Palms) and Increment#3 (other landscaping) are acceptable. With regard to Increment# 2 (40 Sable Palms), the recommended vendor did not actually bid on the proposed project. This vendor, Manicure America Landscaping, has a contract with the Town of Indiatlantic, a fact brought to our attention by Jerry Stansfield, PIO. The subject vendor was contacted and while he did not give us the same price quoted the Town of Indiatlantic, (our volume was not the same as theirs), he was still the lowest and best bidder. It should be noted the RFP contained our standard language allowing bids to be split and allowing any procurement procedure deemed to be in the City's best interest. We recommend the following: 1. Procurement of sixty (60) Sable Palms from Manicure America Landscaping, of these, forty (40) will be for the 520 project and twenty (20) will be for other use, at a unit price of $97.00/'tree. This price includes delivery, installation, initial watering and a one-year guarantee 2. Approval of this documented exception to the competitive bidding procedures as provided by the Finance Department purchasing procedures. Approved: Charles W. Billias, City Manager cc: File CADocuments And Setiings\U2246Uocal Settings\TemplSolesource2.Doc I INTEROFFICE MEMORANDUM l TO: The City Commission O � THRU: Charles Billias, City Manager 90 FROM: Charles Holland, Accountant ii oT x SUBJECT- 520 Beautification Project --- DATE: June 13, 2001 SUBJECT: Approve contracts with Sunquest Nursery of South Florida Inc. & Manicure America Landscaping for the purchase of all trees and landscaping materials associated with the 520 Beautification Project. 1. BACKGROUND INFORMATION, KEY FACTS & ISSUES The staff advertised for and received bids for the landscaping materials as follows: Description Materials Vendor Amount Increment #1 12 Zahidi Palms Sunquest 46,200.00 Nursery Increment#2 40 Sabal Palms Manicure 3,880.00 America Increment# 3 all other plant & Sunquest 26,868.50 ground cover materials Nursery Total $ 76,948.50 We expect delivery and installation to begin in approximately two weeks. In Increments #1 & #3 the lowest bidder was disqualified because he lacks experience with similar projects, however Sunquest was the next lowest bidder in both cases. With regard to Increment # 2 (40 Sable Palms), the recommended vendor did not actually bid on the proposed project. This vendor, Manicure America Landscaping, has a contract with the Town of Indiatlantic. The subject vendor was contacted and while he did not give us the same price quoted the Town of Indiatlantic, (our volume was not the same as theirs), he was still the lowest and best bidder. It should be noted the RFP contained our standard language allowing bids to be split and allowing any procurement procedure deemed to be in the City's best interest. C:1Documents and Settings\lh22461Local 1 Settings%Templla ndscapemotion.doc INTEROFFICE MEMORANDUM 2. SOURCE OF FUNDS This project is budgeted in the Grants Fund. 3. STAFF RECOMMENDATION Approve procurements from Sunquest Nursery & Manicure America for this project at the prices shown above. 4. STAFF REPRESENTATIVES Kenneth Killgore, Finance Director Charles Holland, Accountant Ben Cook, Public Works Manager 5. RECOMMENDED MOTION Move to authorize staff to procure materials from Sunquest Nursery & Manicure America for the 520 Beautification Project. C:1Documents and Settings\lh22461Local 2 SettingslTemp\landscapemotion.doc Meeting-[}pc: Regular Meeting Date: 03-05-02 AGENDA Consent CAM�OM Iks 5 No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: SOLE SOURCE PURCHASE OF(2)VALVE SPUR GEAR ASSEMBLIES DEPT./DTVISION: PUBLIC WORKS/WWI? Requested Action: City Council consider the sole source purchase of(2)valve spur gear assemblies from American Flow Corirol in the amount of$5,121.50 as reconrnnended by the public works director. Summary Et*aadm dt Background: This is a budgeted capital item;see attached memo. I recommend approval Ex-bibits Attacked: Public Works Director's memo of 02-19-02 City Mao ffioe Department PUBLIC WORKS/WWTP J ro�s-0z�r.aa MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 19, 2002 SUBJECT: City Council Agenda Item March 5`6 2002 Sole Source Purchase of two Valve Spur Gear Assemblies As part of the City of Cape Canaveral Treatment Facility's Reclaimed Water System two -aloes are utilized for controlling the main discharge from the plant to the distribution system. These two Kennedy type valves are located at the entrance of the Public Works Facility. Due to the size of these valves and the system pressure, the manual operation of these vales is difficult for staff to operate four times daily_ A gear reduction assembly is available for this type of valve that is manufactured for the Kennedy Ib" valve: hence,they are a sole source item. American Flow Control is the supplier of Kennedy Valves and is able to supply the required equipment and installation. Each assembly cost 52,460.75 plus $200 for shipping. The total cost for the two spur gear conversion assemblies is $5.121.50. Recommend the approval of the sole source purchase for two Spur Gear Conversion Assemblies from American Flow Control for the amount of $5,121.50. Funds are available with the Enterprise Fund. Attachments CC: File _1 IS FA .1 205 323 $047 AFC 9002 PAM 2 OF 2 YOU CAN MnTHE FC"OWING PARTS IF YOU CHOOSE AS SHOA+N: I) PT 0 12-STEM pOiR�D VALVE CREDIT AMOUNT 5329.69 FA 1) PT#7 -STUFFING BOX W1TH O- Jms C Rl Drf AMOUNT S 11025 EA WE REQUEST THAT YOU CONTACT US AND REQUEST A RETURN AUIHORIZ.ATION xUMBE"L CREDIT amu.BE"M BASW ON ITEM DW40 IN A RBSAL ABLE C0MIrJON. F22KNI 'POR RETURNED PRODUM SEKXI A BE Pttb.PAID BY YVU. ANY FRBIGHT CAAR�(iES RECEIVED BY AFC WILL BE D®[K`Im FROM THE CR$D1T AMOUNT, AWARDS JOEL PHJAPS CU9MbdER SERVICE 14"-36" FLANGE END SPUR GEAR W/BYPASS C571/F-5070 GATE VALVE KENNEDY VALVE ITEM NO. DTY. DESCRI TM MATERIAL 1 1 Operafing Nut Cast Iron,ASTM A126 Chas B 2 1 Pinion Shaft Bronze,ASTM B98 Alloy 861 3 1 Grease Case Cast Iron,ASTM A126 y B 4 1 Grease Casa Corer Cast Iron.ASTM A126 Class B 5 1 Stuffing Box Cast Iron,ASTM A126 Clan B 6 �irW Braided Polymer 7 1 Gland Bronze,ASTM 6584 Alloy 844 0 8 1 Follower Cast Iron.ASTM A126 Class 8 9 1 Pipe Plug Malleable Iron 10 1 Retainer Wisher Cast Iron,ASTM A126 Chas B 11 1 Spur Gear Steel,ASTM A27 Grade U40-30 12 1 Pinion Gear Steel,ASTM A27 Grade U40-30 s 13 1 Bushing Bronze,ASTM 8584 Alloy 841 14 1 Susfurq Bronze,ASTM 6584 Alloy 844 c 15 1 Bushing Bronze.ASTM BS84 Ahoy 844 16 1 Key Steel 17 f Key steel 18 1 0 Rirp Bun" ' 19 2 0 Ring Buns N 20 1 Cover Cast Iron,AS A126 Class B t� 21 1 Bushirq Bronze.ASTM 8584 Alloy 844 22 1 Stem Bronze,ASTM 8584 Alloy 867 •�" 23 1 Body Cast Iron,ASTM A126 Chas B 24 1 Stem Nut Bronze.ASTM 6584 Alloy 844 25 2 Gate Cast Iron.ASTM A126 Chss B • 26 2 Gate Ring Bronze,ASTM 8584 Alloy 844 27 2 Case Ring Bronze.ASTM 8584 Alloy 844 ' 28 2 Wedge Bronze,ASTM 8584 Alloy 844 29 2 Hook Cast Iron.ASTM A126 Class 8 30 Bolts b Nuts Rust Proofed Steel 31 2 Strap Bronze,ASTM 8584 Alloy 844 32 4 Peg Bronze.ASTM 8584 Alloy 844 e 33 1 Stuffirq Sox Gasket Composition 34 1 Neck Mange basket 35 1 Bustung Bronze.ASTM 8584 Ahoy 844 1 Fhndwheel Cast Iron,ASTM Al 26 Class B VALVE ' SIZE 14 16 18 20 24 30 36 A 153/4 17 19 20 23 25 27 a 23 23 24 24 281/2 32,/2 36 C 21 23112 25 27'12 32 38'/. 46 D 45 49 52'12 5531, 62'/a 76314 883/ s E 23'/s 25314 273/4 32'la 353/4 451/4 56'12 F 191/4 20'12 22'/z 24 28 31'12 40 G 1'/a 1'?e 2'1e 2'/e 2'/2 2314 3 H 18 18 18 18 18 18 22 E-10 Kennedy Vih'wMkm rte Disc Cate Valdes I� �� 1 Meeting Type: Regular Meeting Date: 03-05-02 AGENDA s-- Fk'a'6 Consem MY or CANciuureut 1m 6 No AGENDA REPORT CITY COUNCEL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF A DODGE PICK-UP TRUCK DEPTJDIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the cooperative purchase of a % ton Dodge pick-up thick from Jack Caruso's Regency Dodge, Inc. I the amount of$16,647.00 as recommended by the public works director. Summary E:plaaadoa& Backgroand: S 18,000.00 was budgeted for this item The City is using the State of Florida Contract. I support the public works director's recommendation Exhibits Attached: Public Works Director's memo of 02-19-02 City MDepaftm t PUBLIC WORKS/STREET'S 3-0347wak-doc MEMORANDUM TO: Bennett C. Boucher City Manager d'4FROM: Ed Gardulski Public Works Director DATE: February 19,2002 SUBJECT: City Council Agenda Item, March 5n, 2001 Vehicle Purchase, Street Division General Fund A replacement vehicle for vehicle#1709. 1987 Chevy S-10. This fifteen-year-old truck has 79,683 miles and is in poor mechanical condition. City Council approved this item within the 2001-2002 budget. A vehicle was selected from the State Purchasing Contract#070-500-425_ The purchase price for the replacement vehicle is $16,647. The breakdown is as follows: 516,032 base, plus 5415.00 for the towing package and $200.00 for a bed liner. The purchase delivery date is anticipated to be 8-10 weeks. This full size'/, ton Dodge pick-up truck will be utilized by the Street Division for day-today maintenance activities and meeting goals&objectives established by City Council. Recommend the approval of the State Contract purchase of a truck in the amount of $16.647. Attachment CC: File I1y FAX QUOTE JACK CAPMOT REGENCY DODGE INC. '2979 ATiAAfTrC B, 'j/0 JACkSON6,LLE FL 32225 300-0 -8426 a714-642-5600 - 2J002 CAX 904-542-7061 r EI OfR 55:2F'755 'SEND TO CM OF CAPE CANAVERAL ! BILL FUTRILL _KATHY ' 226 2002 olftm bcetio� I Aa K 44ord er ,x�,rnce. Pr�Or+e nvmoer -- 321r►y49s0 J Urom L_1 Re46 ASAP Ef we COmmertt i?J PW"rrriew 'X!For rcvr i*WM&d0n ,"raps. in47 em coyrl COMIMENTS QUOTE _ FLORIDA STATE CONTRACT 070-00'-02-01 COMIMODIT'070-500-425 2500 PU 4X2 AMOUNT DELIVERED TO CENTRA DISTRiC' 116,082.00 OPTIOkS 2002 TMVING Sm 00 NON CONTRACT 2"BALL AND MOUNT $3000 BED LINER $2w 00 - - -- - - - .. - -NOTE,TiIE ORDER CUT OFF DATE IS MAY 1, 2002 FOR THIS VEHICLE - TOTAL - VS."?00 Mooting Type: Rcgula Meeting Date: 03-05-02 "? AGENDA 9 C ffkMd err OF CAN CAKAMM 7 NO AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: AN PRODUCTION AGREEMENT WITH COMMUNICATIONS CONCEPTS, INC. TO UPDATE THE CITY'S MARKETING VIDEO DEPTJDIVISION: BUSINESS&CULTURAL DEVELOPMENT BOARD Requested Action: City Council consider the approval of an AN production agreement with Conwnurkations Concepts, Inc. in the amount of$4,928 to update the marketing video. Smoary EWbesdi dt Bac"ro d: City Council had requested that the City's marketing video be updated. The Business & Cultural Development Board worked with this company on the original video, and at their 02-20-02 tlneetmg wormed with CCI on what should be incorporated in the new video. This is not a budgeted item. An appropriation from general fund contingency is required to fund this task. Exbibits Attacbed: CCI Agreement City M Ofioe Department BUSINESS&CULTURAL DEVELOPMENT BOARD Am FEB 26 2002 1 :06PH COMMUNICHTIONS CONCEPTS, 321 -799-1016 P. 1 JA FAX from Communications Concepts, Inc. TO: City of Cape CarlawrW DATE: Z26M ATTN-. Sensed Boucher NUMBER OF PAGES: 4 PHOW: (321)U&1220 FAX: (321)799-3170 Hi Bennett- I have put togaw a bid on updating your MwkW9 Video based on aN the changes we discussed at the last meeting on February 20".2000. With all the changes,we will rot be able to keep the same talent. We w it start fresh wMi a new narrator or try and get the old narrator back a second tune. I have provided a bid with and wiwout writing of this Marketing Video. We win pull as many shots as we an from our slack ibnvy and then schedule a production crew to go out and get the rest 0f the shots we tacked about adding. I w8 then create a shot schedule and will start 000rdinatinp each shot with you. I would like b schedule all shots in one 10 hour day of production,and will have la think about time of day when certain shots look best. We will Woo have to arrange Wdervom with some top execullves in the aree. My shot list w7 irckude an ailoWwr t of time for each shot,then its strive and more on to the next shot and so on. Pismo let me know if there are arty questions.eWd i the contract, Sincerely, Mary Eager C W*Repo odative Camnwicationa Concepts, Inc. 7880 N.Adw*c Avembe Cape Canavw*, Fwida, 32920 (321)783-5232 Office (321) 799.1016 Fax www.odflortde.c0m FEB 26 2002 1 : 06PM COMMUNICATIONS COMCEPTS, 321-799-1016 p. 2 INWAN TO: City of Cape Canaveral DATE: 2Y18M ' 105 Polk Avenue P.O. Banc 326 Cape Canaveral, Fl. 32920 ATTN: Bennett Boucher PHONE: (321)I M1220 FAX (321)70.3170 AGREFJIEIlT FOR AAI PRODUCTIDN BY COiMIIiNICATIONS CONCEPTS.MIC. 7'900 North Adande Avernw, Cape Canaveral, Florida 32000 321-783-= Communications Concepts, Inc. (CCI)agrees to plan and produce a Marketing Video for the City of Cape Canaverai. CCI win use existing footage,narration and graphics from the existing Marketing Video previously produced by CCt for the City of Cape Canaveral, newly attained footage and narration by CCI for updating this video and footage from CCI's lbrery. Planning,Consukft CruMve,On and OA Camera Narradon CCi will provide up to one(1)day of a producers time to review scripts and existing footage to determine what naw footage will be needed,develop a now creative concept and plan other elements to produce the marketing video. CCI will also provide up b one (1)on camera rwrrator for your marketing video. video Production CCI wi provide location production using one(1)broalily Hitachi Z-2000 Camera, one(1)portable Betacam video cassette recorder, one(1) one(1) tripod with iluld head.one(1)lovelier, handheld or wimbes microphone, one(1)coke monitor,one(1)camera operator,one(1)production int and up to three(3)Beta SP 30A*w a tapes. Audio Production Prior to videotape editing, M willrecord the narrator in a sound booth at CCI's facIfies. After edift CCI will add music from its music Mxwy and mbc them with the videotape program through a process called'mix-b-pica'. CCI will add up 10 two(2)arts of music and sound effects from Its stock music library. CCi will also include Digital Juice for video ellbrls. Post Production OCI will provide videotape editing and elfects In its SordmageM non-linear adit suite to finish the program. Through the editing process, CCI will integrate location production. narration, music and SFX to r eats a program that it broedk est standards. Client(City of Cape Canaveral)will provide script for this project. CCI's normal cost for services listed above is$6,160.00. CCI WIN discount 20%for donelion to the client-city of cape canaverar. CCI Total with discount win be 54.9213.00. FEB 26 2002 1 : 06PM COMMUMICATIOMS COMCEPTS, 321 -799- 1016 P. 3 2 Agme=W for AN Service for MW City of Cape CamverW by Communicamm CancWM Inc. 02MM-Caubpx d CCI can optiorhaly write script for the client-City of Cape Canaveral. CCI's normal cost for the above services with writing is$e,140.00. CCI will discount 20%for donation to the dient'City d Cape Canaveral'. CCl botal with discount vA be$5,512.00. Client requested changes in previously approved worts YA be billed at standard catalog rates. Out of pocket expenses dko*atOributsble to the project will be billed to the dent at cost pka a handling charge of 15%. Out of pocket expenses must have prior approval of AN production sessions canceled with less than 48 hours notice will be billed a minimum of 50%of the scheduled session fee. Compensation will be billed and due on a montt*y basis on the parc entoge of work completed. Invoices are due and payable upon presentation. Interest will be charged upon delnquent accounts at the rate of 18%per annum commencing Wow (15)days after invoice date. Should it become necessary to obtain a third party lo oohed our foes for our services.you hereby agree to pay all costs of such collections.including aWrney's fives. All claims for adjustment must be presented to CCI in writing will-in ten(10)days from date of invoice. AN material brought to CCI are subject bo technical evaluation and may be rejected for use N it fails to moat minimum standards. CCI has the right to refuse to wok with material that it deems misleading,indecent, libelous, ur4w**ll or otherwise prejudicial. Communkafts Concepts may rain materials delivered b or produced by CCI,and may fu tw hold a ken and/or assume hull usage right for materials produced, until all oompenraHon is remitted in Adl. CCI n Uft ownership d all designs and other production elements in non-composiled form and data bases created by CCI unless odwwwe spedi'flad in writing. Client retains ovmerstdp and unlimited use of all raw botage and fine(aompor iced masters. CCa will store client rnalwols for a fee,at chant's option. Tapes will be stored for 55.00 per tape for a year. At the and of a year from project comple5on, materials will become Prop"of CCI unless the diem makes other arrangernertls. Shipping will be provided,at client's option.for cost plus 15%. Handling charges are $2.50 per package. The CAerr<wit 1ndeM1*and hold harmless CCI with respect to arty and ail darnages, costs,Penalties. inducing attornso Asea.and/or bases d any kind which may be obtained agabut,imposed upon or adhered by CCI for use of any products or materials supplied by you or in covocdon with your used any or malaiah provided by CCI. FEB 26 2002 1 :OGPM COMMUNICATIONS CONCEPTS, 321 -799-1016 p. 4 3 Apac wW For A/V Swvicc for 7be City of Cape Cawreml by C CMDRI .Inc. 02R6w-Coatinued No liability shall exist on W's part for loss or damage to coanfs tapes or materials due to any cause in awess of the replacement value of the unrecorded or unexposed stock hems supplied. AN compensation is predicated upon no requirement for overtim to meet your schedule. In the event you request work rwicessitating overtlms by our personnel,you will be billed for the diNer+ "cost of the overtime. In the event that production shall be prevented or delayed due to ads of God or other contingencies beyond control of CCI any delivery dates will be appropriately adjusted. It during the oourse of this agreement, diets prevents work from progressft a re-start fee of X500.00 may be charged if work does not resume will ih thirty days from writtsn notice that work has stopped. Work stopped by the cWM for ovwr ninety days may be ooradered termination of the agreement with all aspects of agreement tennirration in foroe. This agreement may be lerminated with 30 days written notice by either party wi K*d cause. At the end of the 30 day period all invoices must be paid in U. If the client exercises this option,client agrees to pay a cancellation charge equal to 15%of the balance of agreerrrent amount. CCI whodules personnel and equipment at its disons" . The facility will give ifs beet eltbrt to notify cierds of any changes. However, CCI reserves the right to subsiituta comparable msounoes or to assign or subcontract all or pot of the work adersd to parfes or Individuals with equal or superior expertise as needed. Cretains right to use all work for demonsba Ct the tbn purposes. CCl retains the rigM to credit itself at the and of all work produced. Compensation rates are based on the Camra and conditions herein above set forth on the execution dale of this Agreement. E any additional work is n wpmW by our production because of changes in these terns and conditions, it wl be billed at our hourly rates. The rales and conditions of this proposal remain void for 90 days. COMMUNICATIONS CONCEPTS,INC. ACCEPTED BY: General Manager 7TTLE: WITNE238Et3: DATE: BILUNG CONTACT: PROJECT CONTACT: Mecting Typc: Rcguiar Meeting Date: 03-05-02 AGENDA sod• H-"g coasted ran OF CAM CMUNWAL lrm 8 No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF ALCHEMY IMAGING SOFTWARE AND TRAINING IN THE AMOUNT OF$16,442' DEPTJDIVISION: ADMINISTRATION/CITY CLERK Requested Action: City Council consider the cooperative purchase of alchemy irnaging software, training and conversion for the city clerk's kaging system upgrade. Summary EWbaadoa dr Background: The city clerk is reconYnaxiing the purchase of the alchemy irnaging solution package under the State of Florida contract. The alchemy package totals $16,442 and $16,060 was budgeted. An additional $3,260 needs to be appropriated from general find contkgymcy for hardware upgrades. I support the city clerk's reconvnendation Exhibits Attached: City Clerk's mean of 02-27-02 City M Department ADMIMSTRATION/CITY CLERK 3454Zi aoc City Clerk's Memo Office To: Bennett Boucher, City Manager From: Susan Stills, City Cleric/Human Resource Director Date: 02/27/2002 Re: Imaging System Software Purchase The AXXIS software product used for the City's imaging system is no longer available. Virginia and I have met with three imaging software companies within the past year to find an acceptable product to replace the AXXIS system.Our research ended with a product that meets the following criteria: • Virtually seamless conversion from the AX)aS imaging product • Compatibility with the Adobe Acrobat, Portable Document File format • Modular product add-ons available for future needs Of the three software products that we tested and reviewed, we selected the Alchemy system software_ The conversion from Alchemy would not require re-scanning and re-building an index of the City's currently imaged documents as is required with other products we reviewed. Alct rry's drop and drag features will eliminate the double scanning process that Virginia now performs to scan packets once for the .pdf documents distributed to the Council and again for the electronic records archive. The Alcherrry software developers, Information Research Management,are the only company with the capability to digitally convert the AXXIS format Advanced Data Solutions, Inc. is the local value added reseller that would perform the installation,configuration and training. The 2 to 3 day training period includes: > Starting and navigating Alchemy > Scanning procedures and settings v Indexing procedures and options including setting up fields,templates, lookup tables, etc. Importing/Dropping and dragging files into Alchemy Opening and viewing documents in Alchemy Annotation, marts-up and sticky note attachment appilicat ons on images in Alchemy Initiating searches in Alchemy > Moving, copying,deleting and printing documents in Alchemy As of January 2002 Alchemy software can be purchased using State Contract pricing. Pricing tables are attached for a stand-alone workstation and for a server system.We will make hardware choices based on existing use and hAure needs.We request approval for the Alchemy software,the conversion and training at a cost of$16.442. Total cost is$19,702 to include hardware that will be purchased using the normal purchasing procedures. This purchase would benefit all City records in that it would also help with future conversions of the Building Departments street address files. At this time, our goal is to secure a product that will help us continue to scan, retrieve and make our public records available to staff and customers. Alchemy Software - City Hall Imaging System Alchemy Gold Software Package Alchemy Gold Single Build & Single Search $4,620 Single Build & 5 Searches $6,720 Capacity Plus Plus Annual Maintenance Plan Scan2: Scan& OCR License($1,260) Scan2: Scan&OCR License($1,260) Single Build, Single Search Scan 2 Annual Maintenance Plan 36 Annual Maintenance Plan $7.027 ($1,556) 9 ` Scan 2 Annual Maintenance Plan $1,147 AXXIS Conversion $2,695 AXXIS Conversion $2,695 Configuration, Installation & Training Configuration & Installation Min. 4 days @$210. per hour Min. 4 days @ $210. per hour plus Actual Travel&Expenses $6,720 plus Actual Travel&Expenses $6,720 Dell Workstation 340 Minitower Dell PowerEdge 500SC Intel Pentium IV 1.50GHZ i Intel Pentium III 1.OGHi/256k Server Includes 256 MB RAM, 80 GB hard Indudes 512 MB SDRAM, 60 GB Hard Drive,Windows 2000 Professional Drive,Windows 2000 Server, 5 Client CD-ROM Drive&3 Yrs Parts&Onsite 096 Access Licenses. Labor $1• CD-ROM Drive&3Yrs Parts Onsite Labor $2,043 Fujitsu ScanPartner 620C Fujitsu ScanPartner 620C Color Document Scanner Color Document Scanner 50 Page Automatic Document Feeder 50 Page Automatic Document Feeder Scan Rate-20 ppm Resolution-600x112200 dpi $1,224 Resolution_2x1200 dpi $1,224 'SCSI Cable, not included 'SCSI Cable, not included PlexWriter—CD Burner $360 PlexWrder- CD Burner $360 i 'SCSI Cable, not included "SCSI Cable, not included Monitor (15%17") $450 Monitor (15"-17") $450 'ower pricing AJT — IT Service AJT— IT Service 2-Hour Minimum 2-Hour Minimum Set-up and Configure Workstation $130 Set-up and Configure Server Hardware $130 Hardware Total $19,702 $23,158 Purchase Hardware/Delivery—4 to 5 days AXXIS Conversion 4 to 5 days Min_ (Dependant on volume of images) AJT— Hardware Set-up and Configuration — 2 Hr. Min Software Installation, Configuration & Training — 4 days Min. Advanced I Ing. 109 S Bay*w W WWmK Sunt F OWww,Fk"34F" 813.818.7290 15aleS 813.a55.3585 Corporal. wrw Adpx nd ADVANCED DATA SOLUTIONS, INC. (ADS) Document Imaging Solutions for City of Cape Canaveral, Florida January 21, 2002 Executive Overview Advanced Data solutions (ADS) is a leader in document imaging. ardhivat and retrieval solutions, also known as Enterprise Content Management, and e-Business solutions. The following information describes our turnkey document imaging systems,software and services. We look forward to the opportunity to share our solutions with your organization so that you too may successfully implerrierrt a document imaging initiative. By investing in a turnkey ADS imaging solution, Cape Canaveral will take advantage of the benefits of electronic storage and retrieval of documents. This investment will enable you to quickly retrieve all scanned and indexed documents such as City Cleric documents (minutes, agenda, ordinances, resolutions, etc.), Development Services documents (building dept., planning dept, pubic works dept., etc.), as well as legal, human resources, accounting and a variety of other departmental and/or miscellaneous information. Our easy-to-use, Web-based or LANM/AN Enterprise Content Management and e-Business Solutions assist our clients in quickly and cost effectively access their valuable documents, whether paper or digital to begin with, using key word searches. Indexed data is available at any time and from any client location to those provided access. ADS has achieved success by keeping our clients on the cutting edge of technology. Some of the benefits our clients experience from partnering with us include: Efficiency and Speed Implementation time is a critical factor to the success of an Enterprise Content Management or e-Business initiative. We believe that our approach, which provides for successful installation or completion in a 15 to 90 day time period,delivers solutions to clients significantly more rapidly than traditional approaches. Our comprehensive integrated service offering, including our team approach, experienced professionals, and archive of technology solutions, result in time and cost savings for our clients. Ultimately, this resutts in our history of successfully completed projects. Quality The solutions that we offer are critically important to our clients' businesses. We have designed our business processes to deliver solutions that we believe are of equal or superior quality to solutions which could be obtained from traditional service providers. Value We seek to deliver our services in as cost-effective a manner as possible. Our centralized development center is one example of how we manage costs. The core focus of our methodology is the creation of measurable value for our clients. In certain cases, such as our strategic partnerships, we link a portion of our fees and revenues to our success in providing measurable value. Flexible Solutions Whether you choose to purchase a system from ADS or engage us to perform professional scanning and indexing services in Alchemy for your organization, you will find our imaging solution to be the most flexible and cost-effective in the industry. imaging Software Benefits • Easy4o-use.Add files to document databases for storage and retrieval. • Powerful.Compress and automabcaNy index files and records by their content or attributes. • Searchable. Query Aichemy databases by full-text, data fields, and annotations. One search covers it all. Search across multiple databases. • Accessible.Access documents over a LAN or WAN,from a CD or DVD, standalone PC. Print, fax, e-mal or retrieve the documents and data. Alchemy Software Overview The Alchemy software development team has extensive experience in the areas of information retrieval, document database management. archival technologies, imaging and COLD.As a result,we are uniquely able to produce complete solutions utilizing the latest technologies at affordable prices. Our integrated software family helps organizations capture, index, store, retrieve, and share information from unstructured documents—quictdy and cost effectively. Our Alchemy family of products helps businesses share and use information to streamline their internal processes and build better businessto business and business-to- customer relationships. Thousands of satisfied knowledge workers in businesses of all sizes and many industries rely on Alchemy to manage, access and share irreplaceable information assets. Many major companies and government agencies us Alchemy in missi critical operations where instant access to information residing in unstructured documents saves them nAllons of dollars annually. Alchemy Document (Management Software—Turnkey Imaging Systems Can an AMA#dmav r the CNV of Cwe Caravwv(? Manage all departmental and unstructured data in a single repository. Increase knowledge worker and client productivity by eliminating paper, faxing and other old means of inforrmabw distribution. Use the Web and CD/DVD for archival and information dissemination. ADS has successfully implemented turnkey imaging sokrtions for clients across the state of Florida through the use of a state-of4he-art and affordable document imaging software platform, Alchemy. Alchemy creates open document databases to manage diverse document and data formats, providing a variety of options for data capture, indexing, storage and archival management.Alchemy also provides a powerful search engine and client software for viewing, comping, and routing of strategic information throughout an enterprise. Documents are maintained in their original file formats that may include scanned documents, ERM/COLD files, CAD flies, web pages, text documents, e-mail and more. The software is easy to install and use, requiring no database management skills, no programming, and no client- server expertise. The system is Windows and Web compatible. Alchemy also has powerful programmable interfaces for integration with other business applications. With an Alchemy solution, you can integrate and organize hundreds of different information formats including computer reports, electronic documents and paper- based records; and provide open access to them for everyone in your business via the Web, LAWWAK Intranet or portable media such as CD and DVD. Alchemy is used by those responsible for creating and contributing to document databases. it includes a very powerful engine for full-text, document field, folder field and annotation text indexing. Alchemy Build can archive an entire document database (documents, data, full4ext index, search program and viewers) to any storage media (CD, DVD, RAID etc). Alchemy remains the industry leader in this and is popular in all industries that are required to archive electronic documents. Alchemy databases are compliant with the Open Database Connectivity (ODBC) industry standard and can be accessed using SQL tools and applications. Unlike other dient/server database or document management systems, Alchemy requires no database management skills, no programming, and no client/server expertise to operate. ;,�arra+warf unwanr f„r�y.si� t..dr.w•w+t • ���+ wew+sa.�rr �a�4 a J RfA �7l�R w+ �w w ee4 uesw�a..,. >?L 4- !,s,wWOt n6 awl 13 4n •swprrr w pr A UA R v q =,Rs.wa�,crw dlftcu Far� �caeca �vm � i 4n tJf �.ACr �.wvau r•.....�.....,- F, r e v t n a = r -Wa:U N71at hakes A/ChMW Me b90 ChOIC�� Worldwide leader. installed in over 7,000 corporate and government installations in more than 40 countries. Leader in document ardWal and report distribution applications. Rapid application deployment: no other document management system can be deployed as fast and easy as Alchemy. Flexible solutions: can be installed as a solution for small offices or company departments, or integrated into an enterprise business application. Diversity of file formats supported in a skb* repository: uniquely combines TIFF, COLD, Office files, PDF, HTML and many popular PC file formats into one electronic filing system. Alchemy consists of two main programs: Build and Search. Optional modules add special features such as scanning and OCR, COLDICOM file import,Web browser access,AutoCAD support, and task automation. INFORMATION MANAGEMENT RESEARCH RECOMMENDED ALCHEMY IMAGING SOFTWARE & TRAINING OPTIONS: Alchemy Software Pricing Per GSA Contract Number: GS-35F-0150M Option #1-Single Build, Single Search IMR GSA GSA GSA Part Number Commercial SIN Product Name-Desc iotion Price List Discount Price item Gold-Single Build Packages: AktmM Gold Padkage incudes a single copy Alchemy ioensed far a single wprtbon which the single loser the ability lo build and Aldremy Databases. See Prioe List Notes 8�3. AG-SR-1S-GS ALGR7 132-33 Akhemy Gold-Single Build Ll Searcher $5. 16% $4.620 ASUALR7 AMP-AG-SB-1 6 132-34 Gold-Single Build/1 Seardw-AnrxoalSw 9% Sgp1 Plan AMP See Pnoe List Notes#4 n2-GS 2CD7 132-33 Scan and OCR Goerrse Tor Alchemy G� 51, 169E $1,260 Prerrrik>rn. PScan2-Gs 6 132-34 -AMP 527 9% $246 Option #2- Single Build, 5 Search CommercialMR GSA GSA ode GSA Part Number C SIN Product Name- escn D Price AG--SB,-5S-GSItem Price FUALJR7 13253 Gold-Single Build Ll Seambers 58. 16% $6.T20 AMP-AG-SB-5S-GS 132-34 Gold-Single Build/5 Seardws-AMP $1, 9% $1.810 Alchemy Modules: Alchemy Modules are sold per workstation_ requirea an Akheary ioer>se IID be loaded on same workstation.wtiich the Add-on Module WE loaded. Scan2-GS s2CD7 132.33 Scan and OCR icense for Ak h8mY Gold or 51.AMPS16% $1,260 cant-GS R6 132-34Lcan2-AMP S27 9'14 5246 AXXIS CONVERSION Axxis Conversion—convert current Axxis database documents with existing profile information into an Alchemy database. We will need to send the disks o North Carolina and have them converted into Alchemy at one of our partner sites. The disks will be returned as well as the new Alchemy database built onto CD's for permanent archival. The databases from the CD's can then be* loaded onto a network drive for access. 2,695.00 CONFIGURATION &INSTALLATION old Configuration and Installation is required by an authorized IMR T$1ner5/ttour+ Minimum arof 3 days required. Time can increase due to noncompliant client Actual Travel dwarte/other software. We recommend coordination with ADS prior to & Expenses configuration and installation to keep configuration and installation to 3 days. Some configuration will occur at ADS offices in Tampa Bay. TRAINING Customized Training for Small Groups. $175/hour+ l Minimum of 3 days training over a 6-month period. & nActual Travel ses System Requirements Alchemy Server Requirements Supported Server Operating Systems • Microsoft Windows NT Server 4.0 with Service Pads 5 or higher • Microsoft Windows 2000 Server with Service Pads 1 • Note: it is recommended that the Systems Administrator assign a data port number for the Alchemy Server. Processor • 700 mhz or higher Intel Pentium or Intel compatible processor. • The Server also supports multi-processor systems. Mernor • 256MB minimum Other • Microsoft Management Console version 12 or higher • Winsock 22 or higher • Internet Explorer 4.0 or higher(required for the Help files) • Client Access Programs - must be Alchemy Premium R6 user interfaces or higher. Note: Alchemy Gold and Pro version user interfaces(Build, Search or custom API programs)are not compatible with the Server. • Visual Basic 6.0(only for use of the Server API examples) Note: Alchemy Server Requirements above relate to the server from which Alchemy Premium will be running. Alchemy Client PC Requirements (for Premium Build, Premium Search, Premium Desktop, the Desktop Configurator or custom API programs) Su ed Client gpMfing Systems • Windows 95/98 • Windows NT 4.0 • Windows 2000 Professional Processor • Intel Pentium or Intel compatible processor memo • RAM requirements for 95/98:32 MB minimum, 64 MB recommended,96-128 MB optimal • RAM requirements for NT12 : 64 MB RAM minimum, 128 MB recommended Winsodc 22 or higher, 000 Winsodc 22 is normally installed with Windows 98, NT or 2000. For Windows 95, you can domload the Winsodc update from the Microsoft Web site. ADVANCED DATA SOLUTIONS, INC. RECOMMENDED ALCHEMY IMAGING SOFTWARE A TRAINING OPTIONS: SOFTWARE AJchemy Gold Stand Alone- 1 User Concurrent Server Access License $ 4,620.00 Scan 2 CD—1 Scan Station $ 1,260-00. Annual Maintenance Program -An annual, renewable program that entitles $ 1,646.40 the user to technical support on normal U.S_ business days (Monday through Friday, other than holidays)from 6 AM to 6 PM U.S. Mountain Time via phone, FAX, or e-mail, all maintenance releases, and all new releases&upgrades of eir particular product(s)for a 12-month period.AMP is sold per organization site (building or campus of buildings)and costs 28% of the current list price of all products purchased by that company or organization site. Technical Support is for the current release of a product and the previous two releases. otal Software S 7,526.40 HARDWARE 1 Fujitsu 40970, 50 ppm, duplex scanners including SCSI cables $ 5,995.00 1 Dell PC(1 GHz, 256 MB, 60 GB, Windows 2000)—Cape Canaveral to rchase from State Contract for apprm, $1,500. CONFIGURATIONf dSTALLATIONITRAINIING d ConfiguraboMnstallaf*rVTraining is required by an authorized IMR $210/hour rbw. (includes travel total days. Time can increase due to noncompliant client hardware/other and expenses software. We recommend coordination with ADS prior to configuration and for one trip) installation to keep conf+guratiortmstallation/training to 4 days. �.7� Some configuration/teiephone training will occur at ADS offices in Tampa Bay. Total -00 Cost of ConfigAnstalllTraining is due atter first day of training is completed. ESTIMATED TOTAL COST QncW [),11111,1111 PC sed the C $21.748.40 System Requirements Alchemy Server Requirements -for the future Su rted Server System MicrosaR 1Nindovvs NT Server 4.0 with Service Pack 5 or higher Microsoft VYndows 2000 Server with Service Pads 1 Note: R is recornmended that the Systems Administrator assign a data port number for the Alchemy Server. Processor 700 mhz or higher Intel Pentium or Intel compatible processor. The Server also supports multi-processor systems. Lemory • 256MB minimum Other Microsoft Management Console version 1.2 or higher Wfinsodc 2.2 or higher Internet Explorer 4.0 or higher(required for the Help files) Client Access Programs - must be Alchemy Premium R6 user interfaces or higher. Note: Alchemy Gold and Pro version user interfaces (Build, Search or custom API programs) are not compatible with the Server. Visual Basic 6.0 (only for use of the Server API examples) Note: Alchemy Server Requirements above relate to the server from which Aktiemy Premium will be running. Alchemy Client PC Requirements (for Premium Build, Premium Search, Premium Desktop, the Desldop Configurator or custom API Programs) Su ed Client Operating Systems • Windows 95/98 • Windows NT 4.0 • Windows 2000 Professional Processor • Intel Pentium or Intel compatible processor • enxxv RAM requirements for 95IN:32 MB minimum, 64 MB recommended, 96-128 MB optimal • RAM requirements for NTrMW: 64 MB RAM minimum, 128 MB necornrnended W insodc 2.2 or higher, Winso k 22 is normally installed with Windows 98, NT or 2000. For Windows 95, you can download the W iinsock update from the Microsoft Web site. We look forward to answering any questions you may have regarding our imaging solutions_ ADS enjoys hamionious relationships with its existing clients and we look forward to an opportunity to become a strategic business partner. Please note that I have included Client References at the end of this docurixmL You will note that our expertise is in the government arena, with 85% of our clients comprising municipalities. Yours very truly, Sara P_ Lopez,CPA Vice President Sales& Marketing Proposal valid for a period of 30 days. Sample Client References State of Florida Department of Insurance 200 East Gaines Street, Larson Building Tallahassee, Florida 32399 Jim Godfrey,Bureau Chief Administration, Financial and Support Services 850-413-2100 Monroe County, Florida 5100 College Road, Public Service Building,Wing IV Key West, Florida 33040 Jeanette Brodzinsky, Code Enforcement 305.289.2520 City of Marco Island. Florida 950 North Collier Blvd. Marco Island, Florida 34145 Laura Litzen,City Clerk 941.385.5000 Santa Rosa County Civil Service Board 100 Escambia Street Milton, Florida 32570 Keith LaShomb, Executive Diredor 850.623.1648 BAE Systems 4908 Tampa West Boulevard,Tampa, Florida 33684 Yvonne Hughes, CPA 813.887.1454 AN Points Logistics, Inc. 1150 Aviation Blvd Gainesville,GA 30521 Phil Monkress. VP 904-61046045 St.Johns River Water Management District 4049 Reid Street Palatka, Florida 32177 Edward Chessman, Hydrologic Data Services 386-329-4151 City of Oldsmar, Florida 100 State Street Oldsmar, Florida 34877 Lisa Lene, City Cleric 813.855.4693 Village of Pinecxest, Florida 11551 South Dixie Highway Pinecxest, Florida 33156 Guido Inguanzo, City Clerk 305.234.2121 _ Advanced Data Solutions works with over 35 Florida State, County and City entities. Additional references are available. Meeti C% Regular Pe Meeting Date: 03-05-02 AGENDA Ordinances env OF CAM CMUNSUL 9 �o AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2002, ADOPTING THE FIRST SMALL SCALE COMPREHENSIVE PLAN AMENDMENT DEPTJDMSION: P&ZJGROWTH MANAGEMENT Requested Action: City Council consider adoption of this small scale comprehensive plan amendnnent. This is the first and final reading on this ordinance. Sta•wary Explanation& Background: The Local PManming Agency reconntmended approval at thew 02-13-02 tnaeting. City Planner Todd Peetz will be in attendance,as well as the applicant,to answer any questions you may have. This small scale amendment requires only one public hearing by City Council. It is then transmitted to DCA. Exhibits Attached: Ordinance No.01-2002 and supporting documentation City Man llt;oe ' Department P&Z/GROWTH MGMT ro3-0s-o201-2002 dDC ORDINANCE NO. 01-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 2002 AS PROVIDED IN CPA-02-01, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS TAX PARCEL 251.0 #24-37-14-00- 00251.0-0000.00 CONTAINING APPROXIMATELY 9.976 ACRES OF INFILL DEVELOPMENT FROM R-2 RESIDENTIAL TO M-1 INDUSTRIAL ON 4.601 ACRES AND R-2 RESIDENTIAL TO C-2 COMMERCIAL/MANUFACTURING ON 5.375 ACRES; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161, et.seq., Florida Statutes, established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the state to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, which plan was completely readopted on January 5, 1999, hereafter referred to as the "1999 Plan"; and WHEREAS, Section 163.3184 and 163.3187, Florida Statutes, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1999 Plan; and WHEREAS, a small scale comprehensive plan amendment was applied for (hereafter referred to a "Amendment", and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of infill development land for adoption in the calendar year 2001 as a single amendment; and WHEREAS, on February 13, 2002, the Planning and Zoning Board sitting as the Local Planning Agency, in accordance with the procedures in the Cape Canaveral code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments and recommended to the City Council and that 1999 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and City of Cape Canaveral, Florida Ordinance No. 01-2002 Page 2 WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single-hearing adoption process pursuant to Section 9J- 11.006(1)(a)3, Florida Administrative Code; and WHEREAS, on , 2002, the Cape Canaveral City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens and all interested parties submitting comments and recommended to the City Council that the 1999 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single-hearing adoption process pursuant to Section 9J- 11.006(1 xa)3, Florida Administrative code; and WHEREAS, on , 2002, the Cape Canaveral City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advise of the city staff, citizens and interested parties submitting written and oral comments and the recommendation of the Local Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of Community Affairs; and WHEREAS, the Amendment adopted by this Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference. SECTION 2. Autttlh . This Ordinance is adopted in compliance with and pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184 and 163.3187 and 163.3189, Florida Statutes. SECTION 3. Pu�ose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify or otherwise further the provisions of the 1999 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment Pursuant to the Comprehensive Plan Amendment CPA-02-1 to the 1999 Comprehensive Plan, the City of Cape Canaveral Future Land Use Map is hereby amended as specifically provided in Exhibit "A." SECTION 5. Effective Date and Leciall Status of Plan Amendment The effective date of this development plan amendment shall be thirty-one (31)days after G:1CdyClklOrdinances\ZONING1Comp Plan Amendment R-2 to M-1 &C-2.doc City of Cape Canaveral, Florida Ordinance No. 01-2002 Page 3 adoption, unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective date of this Amendment shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida Statutes. No development orders, development permits or land uses dependent on this Amendment may be issued or commence before it has become effective. In a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment stated in Section shall amend the 1999 Comprehensive Plan and become a part of that plan, and the plan amendment shall retain the legal status of the 1999 City of Cape Canaveral Comprehensive Plan, as amended. SECTION 6. Transmittal to Deuarbnent of Cormnunity Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)( c)(4), Florida Statutes, and Section 9J-11.015, Florida Administrative Code. SECTION 7. Reueai of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 8. Severabilft. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part whereof to be declared invalid. SECTION 9. Effective Date. The Ordinance shall be come effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. \\Cape-nt\citycWMCityClk\Ordinances\ZONING1Comp Plan Amendment R-2 to M-1 &G2.doc City of Cape Canaveral, Florida Ordinance No.01-2002 Page 4 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 2002. Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Mark McQuagge, CITY ATTORNEY LPA Noticed Published: February 6, 2002 LPA Meeting: February 13, 2002 Public Hearing Notice Published: February 26, 2002 Public Hearing: March 5, 2002 11Cape-nticitcWMCityClk\Ordinances\ZONING1Comp Plan Amendment R-2 to M-1 &C-2_doc ZOO¢'0Z v*j'Awpw1'AMOQL VGWU -- ' NOTICE OF CHANGE IN bmwt toto - • COMPREHENSIVE PLAN iapalm Tbe;base`dao do d ago- pq,a c+w pnarwd oda b e oorrafdarlry an AwanirsaR b WI&Rte ham!im Of Ant wa� PW and PAM land UN Earp TM Cfy d SaaerllRt orad Sam Qw. latrb and T awwmer Carom_ Cap Csaoraral pq Cowa aM holt a pabse No" $aCmaoraa;and O.D.lmk& eonOnni fn OowpaI I Par AwAndmd on TAR"" v&oo was rads b� � WDM 5. QO2 at 7M ILm In 1M Ch "Anwi, 111 �+�06eMP�.�su r Aa RCmpPIN sm tmad adop4 to drat PUN for >MOi ae prwAded b CPA4 M, uf b afld wa Ooarpralasr ' Phar and Fvkm lad Usa Mme. HEARING 00ONLU N IM made: Board of County AN ORDNANCE OF 711E CITY OF CAPE CANAVERAL.enEwARD b • the 7IoIOrYte .PLOItDA,11ELA7M To COMPRE MBORK PLANNNIl; The wat of we plddc SETTOG FORTH AND ADOPTING THE FWRST PLAN OrdrR■fOs vM be hdd FOR M AB PROVOW N CPA4*01, WHICH Colftlr CaflffRYelumm's SHALL AMEND THE COMPRB43W#E PIAN PAM LAD 1ot * djZj,.W- 111E WAP OF TW CERTAIN PROPERTY OESCi!®ASC. TAX L10111K, 27 �adC. fRARCEI Mi PZW-14004MAi000�M CONTASfN6 0.470 ACFA S OF NPLL b be had PROM R,2 RETIAL TO 0-1 SDIISTTSAL ON 4AM ACFAB a.nt.In to aa0e aeafwL AID 1121AMIDENTIAL TO" ON 3x75 ALOES;PROYDNP AN @FECTIM DATE AM LEGAL STA<11NS OF TIE PLAN AME DMIE" PROYDOM FOR MM NO.02- OF TME PLAN AMENDMENT 7D TIE OE/AffrM8fT OF COMMUNITY AFFMW PROYDS G FDR OM Sum ow IL R)EEAL OF PIA10R Ncudeff HR OIDNANCES Sum.vfAWAM COtjFlTY FLOIID F IMOLU110Ns• fy10A10W10 FOR SEVE RAMLffV: AM 2-1102 BY Aii 6i THE fYROFDSKi FOR AN l3TfCT1UE DATE Vm:mTtRw TO INCLUDE XK=oN SI�E' DELETTFf° / rNEFEW TIE OW FOR 'ACLMCULTURE . • -/ OYDBI�i FOR OONFUCTZaIIi MO FOR SEVERABRRY: AF" 81COMMINFOr. DATE;AM r BEIAM COUN COW - &W said OrdllenR.•e con to paoe.R a person d0eidee b ntede by Uta Board v M oorrleand rt URa mam or )n MPSI ti.a VAChp.�rrp000- d the sUoh in@ s Vw:- DMInM'tDoad Rade.apt N~om�a��ewr R the K:— wommly end ialdar • !abbe bored. Am- 1•Afoerlkane and DleebiMUee 0 W 8taartee, panorRs tI I p mparfr PRim#mmn tawd at"VAN"*0 propmew iboRMld eafleat the p' d m ww m a*In tba Olsen of Un C"clnt at Na no then M tans c ft Nd and ON oppm W M ons"and aha"WON"" " 1.63&0/for SOMIGN W& b M p"om ommm a !ariabee pe A at Me ftwud to be"mum R ON"oft ft c"W" Opbe, 1st Floor, WA&V A. mal"Rha prose sae 0 a parson dad/1s b appal Rha Odd= einem Center, 2725 .hfdM mob b/tlr ft Ceud uR Noped b aq a W PR--I Imf d L YMn, F9ofida, or,f0 16 MM Mnft ttr pa M MW a Wooed SO 20 PUNdA s, N+trd Bfrvard((Cocoa,Coo" adfor aaeh parpoM wet paNaw wa/Dana to oaaan fai. bNn Bad, YeboRarfle, Nodh wrbAm Woad of wa proeadW N Wada,% MO radad Mo. WOnd, Port SL. ,Tart, bdidn In ba0w y Ma fdbm"m ON*fn appaaf ft b L b0 banal.Thi Naf a dowe ad aeea e W b**CNVter I d County Corradeeiorrars d IM Nrb00ae o or e0aiadNR Mr widow%Nor dant I mOo tw da6e5aa or oppada Nat ilmoo a dooRRM b loe Poem IM da. Mab�aa NUNN@ summRma b pwodpm in WWI of wan proowir5s dwdd aadaat wa Ch parts dsa d(WPM Ifoe tf31,Ol Hors M adraeoa d OM aaawra Sanaa SMa.CMC a1 CNet � EXHIBIT "A" �! - ® ■ } )! + ■ | \ ' � � -- • � 3 =11 � ` �� �\ ■ ! | . « %P = & \ o � �` • � & � �'~`^ _. \ - , -—----:-- -®� : • j, * �� . ; � '���'■��lf�I s ` |■-. �|:�|�|5-.,. � . - ■i,! ■ ■f=� 2!'§|t||;■|,,| § - , | . .|, �l-,- ,■!_| ! « � ■ f`!=,_,,|�-�-_� | � -■'` �';_�!' - '-- _' � r , �|is | �` wr / in � | ` ■. �w�§- _w� � ,_ ,;;|; ,x■��.�:.,|||| ._ � o k| � � � | z tIf s .- • •,; ..|■ | _ , � ■_|�, | ||�| �&■--��■.�|� | . ■ . - � |, -■'s-.� ,■ || ;It�.|!|�� : _■.r | ||'� d - �. r ;,,;. || ! . ■ . � | �•|| |�i;-�!• © - . l..,■ ' � �|| �|���'�l��■' �| ' |!||| � / � �! -', LEGAL DESCRIPTION PARCEL 1 (COMMERCIAL-C1 ZONING) A PARCEL OF LAND LYING- IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE N 0"25 ' 08" W, ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1145 . 10 FEET; THENCE N 89"09 ' 49" W, A DISTANCE OF 16.49 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED) AND THE POINT-OF-BEGINNING; THENCE CONTINUE N 89'09 ' 49" W, A DISTANCE OF 699.62 FEET; THENCE N 0"50' 11" E, A DISTANCE OF 329 .92 FEET; THENCE S 89'09 ' 49" E, A DISTANCE OF 708 .88 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE- QUARTER OF SECTION 14; THENCE S 0-25 ' 08" E, ALONG SAID EAST LINE, A DISTANCE OF 214.36 FEET TO THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF NORTH ATLANTIC AVENUE; THENCE S 7'43 ' 11" W, ALONG SAID LINE, A DISTANCE OF 116.45 FEET TO THE POINT-OF-BEGINNING. CONTAINING 5. 375 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. r LEGAL DESCRIPTION PARCEL 2 (INDUSTRIAL-M1 ZONING) A PARCEL OF LAND LYING-IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 141 TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE N 0-25 '08" W, ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1145. 10 FEET; THENCE N 89-09 ' 49" W, A DISTANCE OF 16 . 49 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED) ; THENCE CONTINUE N 89^09 ' 49" W, A DISTANCE OF 699 .62 FEET TO THE POINT-OF-BEGINNING; THENCE N 0-50 ' 11" E, A DISTANCE OF 329 .92 FEET; THENCE N 89-09 ' 49" W, A DISTANCE OF 611 . 11 FEET TO THE WEST LINE OF SAID SECTION 14; THENCE S 0`"25 ' 08" E, ALONG SAID WEST LINE, A DISTANCE OF 330 .00 FEET; THENCE S 89-09 ' 49" E, A DISTANCE OF 603 .88 FEET TO THE POINT-OF-BEGINNING. CONTAINING 4. 601 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. City of Cape Canaveral Building Department DATE FILED FEE PAID: — DEPOSIT: TWO. r RECEIVED BY: ($250.00 FILING FEE IS NON-REFUNDABLE) NATURE OF REQUEST SPECIAL EXCEPTION VARIANCE X REZONING APPEAL CODE AMENDMENT DESCRIPTION OF REQUEST: The apolicant is seekina to rezone aonroximatehr 9.976 acres of land at the north end of North Atlantic Avenue from R-2,to M-1 on approximately 4.601 acres and C-2 on awroximatehr 5.375 acres. A complete report describina and iustifvina the chanae from Planning Affiliates is attached hereto and made a oart hereof. Address of Request:Vacant land, no address assigned Legal Description: Lot: 251 Block: Subd: Section: 14 Township: 24 Range: 37 STATEMENT OF FACT: State of Florida, County of Brevard: I, Jack A IGrschenbaum, Attorney at Law, being duly sworn, depose and say that I am the owner X I am the owner's designated agent. (Attach notarized letter of authorization) Owner's name: Bjomar Hermansen, Trustee Address: 205 Hacienda Drive, Merritt Island, FL 32952 Home Phone: Work Phone: (If other than owner) Applicant's Name: Jack A. Kirschenbaum, Esquire rJI`Address: 1800 West Hibiscus Blvd., Suite 138, Melbourne, Florida 32901 Home Phone: Work Phone: 321-727-8100 EarrW1 All information, sketches and data contained and made part of thit request, are t and true to the best of my knowledge and belief. RSworn to nd sLU-7 before me this IIµ day of -Tan Notary Public, State of FIbrida Applicant's re The completed request form and the$250.00 filing fee must be M R for variance and Special Exceptions(Except Telecommunication Towers). 14 days prior to and Zoning Meeting:request for Rezoning,30 days prior to the Planning and Zoning Board Meet$ Request for Teleoommunicabon Towers, so" days prior to the Planning and Zoning Board meeting. The Board of Adjustment meeting will be set after the request is heard by the Planning and Zoning Board. (A deposit may be required, see code section 110-92 for applicability). (For City Use Only) Notice for Public Hearing Published in Newspaper on F Notice to applicant by Certified Mal No. a Notice costed on Bulletin Board on property owners within 500 ft. notified on 8 Bjomar Hermansen, Trustee BUILDING AND PUBLIC SAFETY DEPARTMENT CITY OF CAPE CANAVERAL,FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AMEND THE COMPREHENSIVE PLAN This application,together with ALL REQUIRED EXHIBITS,shall be completed and fled with the zoning division Prior to the established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAN AMENDMENT DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PERMIT. Type or print the following information(TO BE COMPLETED BY APPLICANT) Owner(s): Bjornar Hemransen,Trustee Applicant: Jack A. Kvschenbaum, Esq. Address: 205 Hacienda Drive Address: Suite 138; 1800 W. Hibiscus Blvd. City: Merritt island.FL City: Melbourne,FL Zip Code: 32952 Phone:— Zip Code: 32902-1870 Phone: 321.727.8100 TYPE OF REQUEST: Change to the Text of the C xnprehensive Plan Comprehensive Plan Element: Change to an Existing Provision: Attach proposed wording,reason,and appropriate data and analysis to support the requested - change X Change to the Zoning Map Existing Zoning Designation: RR=2 Requested Zoning Classification:Mix of M-1 4.601 acres and C-2 5.37 (Reasons for reguest X Change to the Future Land Use Map Existing Future Land Use Designation: Residential Requested Future Land Use Designation: Industrial on 4.601 acres and Commercial on 5.375 acres Attach reasons for the requested change. LOCATION Section: 14 Township:24S Range: 37E Block:_Lot/Parcel:251.0#24-37-14-00-00251.0- 0000.00 Total Acreage:9.976 Overall Dimensions: 1351.66'X 262' Location and Distance from Nearest Public Road: Subied Parcel fronts on and extends west of North Atlantic Avenue REQUIRED EXHIBITS X The complete legal description(and the tax identification number)of the property or portion thereof that the amendment is being requested for,typed on a separate sheet of paper. An error in the legal description will result in the request being delayed at the owner/applicant's expense. X A certified survey of the subject property. A county Property Appraiser's map describing the exact parcel may be accepted in lieu of a survey in certain instances. X A County Property Appraiser's may identifying the subject property and all of the owners located within 500 feet of the boundaries of the subject property. X A list of names and addresses of all of the property owners located within 500 feet of the boundaries of the subject property and keyed to the County Property Appraiser's map. X A copy of the most recent recorded Warranty Deed. X Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other than themsehres to ad on their behalf as the applicant. Signature of Staff member discussing proposed action with the Applicant The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: State of Florida County of Brevard. I,Jack A. IGrschenbaum,being first duly wom,depose and say that: I am the owner of the subject property,or Cif corporation, I am the Officer of the corporation authorized to act on this request). X I am the legal representative of the owner of the subject property of this application. (If the property is not owned.or owned only in part by the applicant,a notarized letter must accompany the application giving written consent by all property owners of the subject p unless the icant is the Attorney for the owner). ALL THE ANSWERS TO THE QUESTIONS IN THIS APPLICANT,ALL ES AND A A 0 AN MADE A PART OF THIS APPLICATION ARE TRUE TO THE BE OWLE qftcftol ft ft and su ed b me this. 1 I day of ' expires: ft IRA 12 UQ A 9A S"M 10 are nn 4 DC'uham >unroofed �— B=4 IN 11111=11k D Pio WN D•?me a la�_�_,. Bjomar Hermansen, Trustee w041116T MRC 1L 02 TO C2 R2 To■l ha IA p p pt is p cow R3 R] 4 a 4� n C2 p �® p C2 a R: a In r� v svn a LJ Q R2 a ■2 COM a Q r X2 4a a a a a < E Fin z RC Re f a Q Q ��ft-- rLm Q �QCON =:2 �; QQ a OL�00�� a cl C2 EHI al n � p oa�o®p R3 CZ ����a� p BANANA RIPER R aL 1 92 c� a QQQQ OCEAN .,6 � a R2 R3 a Q � QQQ® = Rs R2 a ju Q ��� a a •� � QLJ a p p �a� p R7 a a �R j a CPA- 02 �-01 , Q FUTURE LAND USE Cl C0lortrRCIAL C2 COMMMIAL/YANUFACTL'RWG RI INDUSTRIAL RI �' �Q RESIDENTIAL R2 RESIDENTIAL R3 RESIDE NTIAL 1e a U coCSCRAx CONSERVATION � ARCIiAELOGICAL slrE a Q� a Q� �i SCA, a 3w ' . Li CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN al%Wh D%rww&wv^%ftno FUTURE LAND USE MAP VAMW10"R 111111110111 ma Figure 7-3 As alL r« "it a-zoo GR", HA$BIs & Bosnvsox PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 138 1800 WEST HIBISCUS SOULEVARC POST OFFICE SOX 1870 MZLBou3mm, FL 32902- 1870 TELEPHONE 321-727.8100 E - MAIL ADDRESS FAX 32i-984-ti22 Jack A. Mrschenbaum JKirsche,ghrlaw.com January 25, 2002 Our File No: 200694-3 Susan L. Chapman Administrative Assistant/Building Department City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32920-0326 Re: Bjornar Hermasen, Trustee Dear Susan: Enclosed please find Mr. Hermansen's letter of authorization appointing me as his designated agent to proceed with the Comprehensive Plan Amendment and Rezoning of Parcel 251. I also need a favor from you. I neglected to have copies made of the documents I filed. Could you please send me a copy of them? Thanks very much. Sincerely, , JAK:lak Enclosure CLERMONT LAKELANO ORLANDO Ja TALLAHASSEE TAM PA To: City of Cape Canaveral Building Department Re: Comprehensive Plan Amendment and Rezoning of Parcel 251 This letter constitutes my letter of authorization authorizing and appointing Jack A. Kirschenbaum, Esq., as my designated agent to proceed in the above -captioned matter. Sworn to and subscribed before me this day of , 2001. Notary F", State of Florida Y�y,,_l� 111 nri +mry Nut u�a,,..r,s CITY OF CAPE CANAVERAL REZONING AND COMPREHENSIVE PLAN AMENDMENT REQUEST HERIMANSEN, TRUSTEE PROPERTY 1. Background Bjomar Hermansen, Trustee, petitions the City of Cape Canaveral for a change to the future land use plan and zoning map for a parcel of land at the north end of the City, just south of Port Canaveral on North Atlantic Avenue. The parcel fronts on North Atlantic Avenue and extends west approximately 1,300 feet. It has approximately 100 feet of frontage on North Atlantic Avenue. The land is no longer conducive to residential development because of the commercial and industrial nature of the surrounding parcels and the orientation of the western portion of the property to development from within Port Canaveral. Some brief facts about the parcel: Subject parcel: 9.976 acres of vacant land located on North Atlantic Avenue just south of the entrance to Port Canaveral Existing Zoning: R-2 Multi -Family Residential Proposed Zoning: M-1 on westerly 4.601 acres and C-2 on easterly 5.375 acres Existing FLUM: Residential Proposed FLUM: Mix of Commercial and Industrial Adjacent Lands: North: Zoning: M -1/R-2 Land Use: Industrial and Residential South:Zoning: C-1 Land Use: Commercial East: Zoning: Right -of -Way &M-1 Land Use: Industrial West: Zoning:M-1 Land Use: Industrial 2. Reasons for requested zoning change: Bjomar Hermansen, Trustee 1 A. Need and justification for the change. This tract is part of a larger piece of property approximately 33 acres +/- extending from North Atlantic Avenue westward to SR A1A. The majority of that land is zoned M-1, with a small remaining portion of land on AM zoned C-1. A portion of the parent tract adjacent to SR AM was recently obtained by the Canaveral Port Authority by the exercise of its eminent domain powers. As a result of this taking and the development of the western portions of the larger parcel, the remaining portion of this property's (the 9.976 acres) character has changed to essentially an industrial/commercial parcel unsuitable for residential use. Other factors indicative of the need for and justify this request: The orientation of the property (the western portion) is to Port Canaveral for industrial development. The property adjacent to the subject property is primarily commercial. 2. A portion of the land directly above this site (at the west end) is zoned M-1, Industrial. The lands abutting on the south are zoned C-1 commercial and to the west M-1, Industrial. Conversion of the rear 5 acres to industrial will for larger scale industrial developments, rather than scattered types of buildings or developments. Larger developments can be planned as a whole and lend themselves to higher quality. 3. The population growth in the area, coupled with heavy tourism and the Port, has increased the demand for additional commercial and industrial lands for job creation, expansion or retention. The City is almost built out, with little vacant land left. These lands provide an opportunity to capitalize on the expansion of the Port and infuse new tax dollars to support and buttress the residential tax base. B. The amount of undevelopgg land in the generalarea: The City of Cape Canaveral Biomar Hermansen, Trustee 2 has little vacant land, and very few vacant industrial lands available, particularly near Port Canaveral, one of the busiest shipping and tourist ports in the state. This rezoning and comprehensive plan amendment will enable the aggregation of a larger amount of similarly zoned lands for use by the private sector in meeting the commercial and industrial demands generated by the Port and area economy. C. Relationship of the proposed amendment to the City's Comprehensive Plan: The proposal is consistent with the following goals, objectives or policies of the City's Comprehensive Plan: Bjomar Hermansen, Trustee 3 CAPE CANAVERAL REZONINGICOMPREHENSIVE PLAN AMENDMENT HERMANSEN PROPERTY 1) Goal: The overall goal for the City of Cape Canaveral for future land use is to insure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses. This proposal: a) Keeps the zoning and future land use consistent with each other, b) Is more compatible with the surrounding uses; c) Helps to meet the economic demands for the specific area; d) Is appropriate to the type of transportation corridor and use of North Atlantic Avenue, the main rear entry to the Port. 2) Objective LU -2: Removal of blighted areas: Some of the existing residential areas on the west side of N. Atlantic Avenue are showing signs of age, disinvestment, and deterioration. This is primarily a factor of a lack of interest in and need for residential land uses in this area. These conditions are leading to blighted areas, which become a drain on the City's resources. Rezoning and amending the FLUM to allow for higher intensity developments will aid in providing the incentives for re -investment and economic development. 3) Objective LU -3: Eliminating or reducing inconsistent uses: This proposal is consistent with adjacent land uses and zoning districts. 4) Policies LU 3.1, 3.2, 3.3: These require certain standards for development under Bjomar Hermansen, Trustee 4 which this proposed site development will comply. 5) Objective LU -4: Protect Natural and Historic Resources: There are no historic resources on this parcel. Any natural resources will be identified and protected during the permitting phase of the development. 6) Objective LU -6: Prevent Urban Sprawl: The City of Cape Canaveral is bounded on the North by Port Canaveral and the south by the City of Cocoa Beach. The subject parcel provide for infill development, in an area fully served by water, sewer, roadways, and other public facilities and services. Bjomar Hermansen, Trustee 5 3. Amendment of the Comprehensive Plan Future Land Use Map The Future Land Use Map is the overriding document governing land use. In order for the rezoning to occur, the Future Land Use Map must be changed accordingly. The same reasons that justify the rezoning pertain to the request to change the Future Land Use Map: 1. The surrounding lands are commercial and industrial. 2. The increased population in the City and County demand more commercial and industrial sites for job creation or expansion. 3. The site's proximity to the Port, the change in the character of the traffic on North Atlantic Avenue entering and leaving the Port's rear gate, the widening of AIA to expand/change the main Port gateway, and the need to have a larger parcel for quality industrial and commercial development all combine to create a change in the existing character of the area and a need to reflect those changes in the corresponding land use classifications assigned to the parcel. 4. Conclusion This request is consistent with the City's Comprehensive Pian, Future Land Use Map (as amended), and zoning and land development Codes. Further, the proposed industrial and commercial land use classifications and zoning districts are consistent and compatible with the area, the surrounding existing and proposed land uses, and the character of this area of the community. Bjomar Hermansen, Trustee 6 Cape Canaveral Rezoning/Comprehensive Plan Amendment Hermansen Property Attachments: 1. Legal Description 2. Survey I Warranty Deed 4. List of property owners within 500 feet and County Property Appraiser's Map 5. Proposed future land use map Bjomar Herrnansen, Trustee 7 DEVELOPMENT FACT SHEET 1. APPLICANT Name: Jack A. Kirschenbaum, Esquire Address: 1800 West Hibiscus Blvd., Suite 138, Melbourne, FL 32901 Phone: 321.727.8100 Fax: 984-4122 2. PROPERTY LOCATION North Atlantic Avenue Legal Description: See survey Size of Property in acres: 9.976 3. PRESENT ZONING CLASSIFICATION: R-2 Abutting Land Zoning: North: M -1/R-2 South: C-1 East: R/W IM -1 West: M-1 Abutting Land Use: North: Industrial/Residential South: Commercial East: Industrial West: Industrial 4. NATURAL FEATURES: Existing Structures: None Construction Type: To be determined Size in Square Feet: TBD Number of Stories: TBD Soil: There are three primary soil types on the entire 28 acres under the same ownership: Canaveral Complex (Ca); Palm Beach Sand (Pb); and Parkwood Fine Sand (Pk) Togggraohv: The site appears to be relatively level at an average elevation of 5 NGVD. Vegetation: The parcel is fairly dense in portions, with a mix of hardwoods, Pine Flatwoods, palmetto, and a mix of other varieties of flora and fauna. A full environmental analysis will be done as part of the permitting for a development. Flood Hazard: The property does not lie in a flood zone. Drainage: The soils provide for adequate drainage on this 9+acre site. Site elevation: 5 NGVD Structure Elevation: it will be built per the Cape Canaveral Code and subject to all permitting Regulations_ 5. ENVIRONMENTAL ISSUES: Water The site is served by City of Cocoa water, Cape Canaveral sewer; and other utilities, including a 15' wide Florida Power and Light easement and a 20' wide drainage and utility easement. There are no water bodies located near or on this site. Air. There are no known air quality problems associated with this site. Any development will have to meet air quality standards. Noise: There are no known noise issues associated with this site. Any development will have to met noise/decibel level standards. Historical/Archaeol ical: There are no known historic or archaeological issues associated with this site. Should any be discovered once construction begins, the site would become subject to local, state, and federal guidelines. ATTACHMENT REQUIRED: A map showing the property and all adjoining property within 500 feet with zoning and use indicated. See attached. E Bjomar Hermansen, Trustee LEGAL DESCRIPTION PARCEL 1 (COMMERCIAL -C1 ZONING) A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE N 0"25'08" W, ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1145.10 FEET; THENCE N 89"09'49" W, A DISTANCE OF 16.49 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED) AND THE POINT -OF -BEGINNING; THENCE CONTINUE N 89-09'49" W, A DISTANCE OF 699.62 FEET; THENCE N 0"50111" E, A DISTANCE OF 329.92 FEET; THENCE S 89'09'49" E, A DISTANCE OF 708.88 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE- QUARTER OF SECTION 14; THENCE S 0-25'08" E, ALONG SAID EAST LINE, A DISTANCE OF 214.36 FEET TO THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF NORTH ATLANTIC AVENUE; THENCE S 7-43'11" W, ALONG SAID LINE, A DISTANCE OF 116.45 FEET TO THE POINT -OF -BEGINNING. CONTAINING 5.375 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION PARCEL 2 (INDUSTRIAL -M1 ZONING) A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE N 0-25108" W, ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1145.10 FEET; THENCE N 89"09'49" W, A DISTANCE OF 16.49 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED); THENCE CONTINUE N 89""09'49" W, A DISTANCE OF 699.62 FEET TO THE POINT -OF -BEGINNING; THENCE N 0"50'11" E, A DISTANCE OF 329.92 FEET; THENCE N 89-09'49" W, A DISTANCE OF 611.11 FEET TO THE WEST LINE OF SAID SECTION 14; THENCE S 0"25'08" E, ALONG SAID WEST LINE, A DISTANCE OF 330.00 FEET; THENCE S 89-09'49" E, A DISTANCE OF 603.88 FEET TO THE POINT -OF -BEGINNING. 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Cl • a fR� O M � + 7 R � ^ w � ■ � ^ � � V �� rV 7 ^ N 5 v 9 COD o� �v cn cn F jr m ON vnl C C 'Fir- w c If �_ �� S r t F� ., �i � • C ; 'wr is '�" ii 3 T C ! � , .► yon a c r. 4 r f� na P,7r�e Yar Cir c- �j i•��- 1.0 r, r.�•nc] 7 — r f OL ir 7 " M Q p y 9Sr� L f�c cca�s�T•: � a.. ��� � b � w� • �Sr r r'r��7 n pF �!� r f t v.. .� q• Nin wt w f. `r�i•�ecgw^ tit •�~b� A~ �r �ff�rwZ; rO�frW �W� rM S [ �••�-,i ,R �nv � v q., Ywr`•¢ rr w ;l '3� FY .t rLL•C nLr ; Y �r FV� aC- �-� • 713Vp a 2 77 v°siBig „a ^ E Pj1 V �aM ^ PRt)POSED F17URE LAT D USE CI COMWERCL L C'- Coll l[ERCI. L/1[ANUFACTURING M1 INDUSTRIA RIRESIDENT E R2 RESIDENT I. R3 RESID�E�' .L P CONPUB CONSERVE :IONRAATOEA 0 mtc"AEL- :TICAL SITE :lTy (T CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN ter. 1-� a WmLW tic -UTUPt� LAND USE MAP 9gu- a 7-3 r 1M— rc N�m A-7 4 • �� --.»-�---- |�-- ) � �§ m= \2 �� }� ■ ; i f|. IP P |\| t � • �� --.»-�---- |�-- ) � �§ m= \2 �� }� ■ 10 ►I U6 i E �� ►.r LQ bWUpp hEd� �... • I" w %- v U4ALV r t UPC11y .-ippraiser-- unlur Keai L:c=e Property Card " .lbrAwmakwe" A.. LPr°Q'at`' linn'eil L —S ---*j Na taMal [l3—hle P►aoercrl Lra: AuiarYial wb-ft I " General Parcel Information for 24-37-1440-00151.0-0000.00 Page 1 of 2 Parcel Id: 4-37-14-00-00251.( image 0.00 ode: Exemption: Use Code: 8 ropaz Kdd:vt ]�Cwufft: State, I 429161 Owner Information ner Name: RMANSEN, BJORNAR K TRUSTEE Second Name: Mailing ailing: s S298,82 JFO:5�ACIENDA AddreCity, DRIVE State, I !RfRITT ISLAND, FLZipcode: 329 Value Summary for 2000 *-Market Value: 5298,820 Agricukural Assessment: Value: s S298,82 Homestead Exemption: s her Exemptions: 341 E■etrgy Exemption: 5298,82 azabk Value: S298,82 Legal Description HAT PART OF NW 1/4 N OF PB 1 PG 25 1. W OF N ATLANTIC AVE & THAT 'ART OF GOVT LOT 2 E OF ORB 2771805 EXC ORB 3931 PG 3149 PAR 2 Y SEC 15 Land Information cres: Lots/Units: 10.23 Front Feet: 1/1996 Depth: 463/4483 9/ 1994 Site Code: 341 Vaud Value: 5298,82 • nus Oft aloe ealaMZ*W farad vatam pzpwn ra Mcm dance vn& : 193 01 1(1) and cal. Flanda Startas Thu valoc floes l� rep�earat .INVOW seUnq puce for the property Saks Information OR Sale Book/Page Date Sale Deed Amount Type 539/1000 1/1996 $1 �C $ 1 PT 463/4483 9/ 1994 809/2915 611987 $4, L�I 1225/0869 / $ 1 Extra Feature Information Pool Fireplace I Fence Driveway—r Law. Irrigation Shed Dock I SeawaR I Other Brevard County Property Appraiser-- Online Real Estate Property Card Tu Levied by Taxing AndwritW for 2A00 Taxing Authorities JI Taxes Billed Ad Valorem ounty S1,513. Scbool 52,661.8 ity/MSTU $597.7 Eater Manageme■t 5,41. P District 512.25 Debt Payment 5138. 11TOW Ad Valorem $5,064. Page 2 of 2 Fee Agencies 11 Fees Billed Non Ad Valorem W Disposal S0. W Collection S0. Recycling SO.Og EMS -Ambulance $0. Storm Water S0. HPK/BFOOT S0. WTR Control S0. otal Non Ad Valorem S0. Total 55,064. Deft Lwt Upd@W: ToeKtay, Arra 17, MI- hOn: Tirniay, Nay 10, 2001. New Search Help [Lionielmineral Infol [Meet Jim Ford] [Exem%ionsl [Sa%e Our Homes]C� ontact Usl LPropert. Research] [Other Links] NMDotal[ peals] Copyright O 1997 Brevard County Property Appraiser_ All rights reserved Disclaimer Applies to Results rt •t.s•rp Dd,& d ■sinal■ ■ BUILDING OFFICIAL ENDORSEMENT 1. ✓ Zoning Amendment 2. Variance 3. Special Exception 4. Administrative Appeal CONSIDERATIONS SETBACKS: 1 MEETS CODE COVERAGE: WA, MEETS CODE ADDITIONAL REFERENCES SUBJECT PARKING LOADING ZONE SETBACKS LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USE Contiguous Zoning North South LOT SIZE. MEETS CODE DENSITY: MEETS CODE HEIGHT: I MEETS CODE ADDITIONAL REFERENCES SUBJECT PARKING LOADING ZONE SETBACKS LANDSCAPING NON -CONFORMITIES STRUCTURES LAND USE Contiguous Zoning North South East West Z-2 Q -Z M 1 CODE SECTION CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) CODE VIOLATION (Explanation) APPLICABLE YES NO NOTE: The Planning & Zoning Board should also review Section 110-47 (10) COMMENTS: Date: a -L -Oa Bjomar Hermansen, Trustee Weamsday. February 06. 2002 0 00 AM Todc =eelz 407241:180.3 Cite of Cape Canaveral Propoeed Pbw Amendment CPA -02-1 Apphea■t: Location: Aereage: Current Fature Land Use: Proposed Future Land Use: Current Zoning: City of Cape Canaveral Rmgc: 37 Tow mft: 24 Section: 14 Parcel 251 9.976 acres R-2 Residential C-2 CommerciaLlAsimbicnwing 5.375 Acres M-1 Industrial 4.601 Acres R-2 Residential (C-2 and M-1 zoning change pending Plan Approval) Description. of Amendment Arra: The applicant has applied for a land use change from R-2 residential to C-2 commerm' rnaaufseturing (5.375 acres) and M-1 industrial (4.601 aces). The subject parcel is a total of 9.976 act= and would approximately halve the existing part:cl between the proposed uses. The proposed C-2 would front on North Astronaut Avenue and the proposed M-1 would be locded entirely behind the proposed C-2 hind use. The permitted density in R-2 resi lemial is 15 duelling units per acre, in M-1 industrial and C-2 commercial nranu&cturing, residential uses are not permitted even through special exception. The character of the area is undeveloped, a couple- multi -family residential projects have been recently approved to the east and southeast of the subject pawl. There is existing residential to the north and the Port of Canaveral is approximately 1/4 mile to the north There are existing residential uses south of the subject property and industrial use to the west. The following tabic evaluates the adjacent existing land uses and approved zoning and land use categories. CPA -02-1 P 02 North ; East South West Present Land Use IndusviaY ' Reddential/ Residential IndusbW Reridential Industrial Zoning R-2 Residential R-2 Reidential M-1 Industrial M -I industrial C-1 CommCrcial IM -1 Industrial Future Land Use R-2 Residential R-2 Residential I -M- l Industrial M-1 Industrial C-1 Commercial M-1 Industrial CPA -02-1 P 02 `Ne*wsday, February 06. 2002 '0 1' AM Todc ="M 40724-1603 Public Services sad Facigtin in Amendment Ares: The Level of Service for parks and recreation is two (2) acres of parkland per 1,000 residents. Approximately twenty-four (24) acres of parkland exist with 8,829 residents in Cape Canaveral. This equates to 2.7 acres of parkland per 1,000 residents. "this amendment would reduce the potential fume demand on park services with a change of land use from residential to non- residential State Route AIA is opwua ng at Level of Service "A" with 1,535 peak hour trips. The maximum peak -hour vohmie acceptable is 2,080 reputing a LOS of "E". North Atlantic Avenue has an operating level of service of 'D" with currently 705 peak boor trips. The maxim= peak -hour vohtme acceptable is 830 representing a LOS of "E". The proposed change would eliminate a rnexim an of 149 potential residential units that could be considered with the existing land use. If Wilt out, 149 residential units could generate approximately 57 peak hour trips per day, even with this scenario a tra05c deficiency would not occur at this time. with the proposed change, the trip generation is unknown, because a use has not been identified. At the time a site plan is submitted a full traffic study will be required prior to approval The City of Cape Catraveral provides vwdstewater treatment- The was cwater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.23 MOD with an excess capacity of .57 MGD. There is adequate wastewater treatment capecit3• available. The City of Cocoa has a torsi capacity of 44 MGD and currently provides 24 MGD of water on an average daily basis, leaving 20 MOD avwlnbk. There is adequate potable water senice available with the proposed change - Brevard Count) provides facilities for solid waste disposal. At this time, the County does not toresec any deficiency with their solid waste facilities. Enviroaeental Dexrlptfon of Amendment Area: The land area itself is upland with Canaveral Complex (CA), Palm Bead: Sand (Pb) and Parkwood Fine Sand (Pk). The subject area is not in a flood plain. The vegetation is rainy dense in portions, with a mix of hardwoods, pine llatwood, palmetto and a alae of other varieties plan. varieties. At this time it is unknown if endangered habitat and species exist on site. A full environmental analysis will need to be done prior to permitting for development. There are no wetlands, or aquifer recharge sobs or conditions associated with the subject parceL The parcel is not identified as being in a floodplain. There are no known endangered species identified on site or in the arca adjacent to the subject paten. Historical and ArchseoloSical Resources in Amendment Area: There are no known historic or arehascolu0ml sitm kwate d on bite or in the area surrowrdu1g tlic subject parcel. CPA -02-I P 03 'Nednesday. February C6. 2002 ' 0 1 ' Aid Toric =eelz 4072491603 Popubw1on Prejecdoos and Treads: The proposed arnendment wM elimiaie a maximum of 149 resideitial units and would reduce the overall maurttru n firtmre popby appcaAmately 350 persons. This should not have an advcm impact on overall population projections. Cousbteary with the Comprehesisive Plea: This amendment is consistent with the Mowing Comprehensive P'an Objectives: Future Iand Use Element Objective L L-1: 77w City shall eot dinatr future laxl uses with the appropriate topography, soil conrdltiom, and the awWability of facilities and services. The proposed amendment is within acceptable level of services standards and does not impact existing known environmental conditions. Objective LU -4_ The City shall enforce as regulations for proteclior of natural resources and historic resources. " As describe above, there are no known historic or arch mological sites on-site. There we no detrimental environmental conditions observed on-site. Objective LL=3: The Chy shall cour&nate coastal area population densities with the local hurricane evacuationplan. This amcndmcat roduces residential density. Objective LU -6: The City shall attempt to prevent urban .sprawl. This amendmelot will help to infill one on the Inst vacant areas o; the City. CPA -02-1 JAN -29-82 84:81 PM CAPE CANAVERAL PW MEMORANDUM 407 799 4988 P.81 FrIEcopt TO: Mania Reid, CBO , e%l Building OfiicW FROM: Ed Gardul ski �► Public Works Director DAIT: January 29, 2002 RE: Parrr1251 — Rezoning Request From R-2 to C-2 and M-1 The'Public Wurks Department has reviewed thu rezoning request and has the following concerns: 1. Concern about the heavy vehicle tic and the impact to the City, county and State mads, namely Atlantic Avenue, Ccntral Blvd and Al A. 2. Concerned about dw neighboring projxrty owners that are residential. Plan Review To: Morris Reid. Building Official From: John J. Cunningham. Asst. Fire Chief---i3O Re: Parcel 251 - Rezoning Request From R-2 to C-2 and M-1 Date: 02-07-2002 1 have revie%ved the plans and have no comment at this time_ Station st 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 7834777 • FAX: (407) 783-5398 Sntion s2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 • FAX: (407) 783-4887 Nu 111ic ur unimuc ur COMPREHENSIVE PLAN TM aly of Cap. Ca &mM wE M coraidW" an ArwrdlMW 10 Yw Carthprehasiw Rat and FMM Lata Use Map. TM PWW" and Zoaillp &wd aco q as YM Loa Plamihq Ap W will hold a phhW howirhp Coltantirtq YM CmtV 1MlMfihe PM AlrwrhduaM a WOOMaday. F&WY 13.2002 A 7'30 P -11L M 10 Cllr HOM NWAK 111 Poi AMM. Capt Canaveral. Florida. Tlhe Compnhasia Rat AMWWnMM sees IOrBt and adopts the OM gnat-=* pa alMrhdMhtAl 1pr 2002 as provided m awon1, whidh soar woad IM ComprMMnmt RM and Fvt n Larhd LNG Map. OL 1111411111112 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL. BREVARD COUNTY. FLORIDA. RELATED TO COMPREHENSIVE PLANNING. SETTING FORTH AND ADOPTING THE FIRST PLAN AMENDMENT FOR 2002 AS PROVIDED IN CPA -02-01- WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS TAX PARCEL 24-37-1/-00- 00251.0 CONTAINING APPROXIMATELY 9 976 ACRES FROM R-2 MEDIUM DENSITY RESIDENTIAL TO M•1 LIGHT INDUSTRIAL (4.601 ACRES) AND C-2 COMMERCIALIMANUFACTURING (5.375 ACRES): PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT: PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS. PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS: PROVIDING FOR SEVERABILITY: AND PROVIDING FOR AN EFFECTIVE DATE —1nl YF+rr�� InWasled IRS may mspKi the proposed Ordnance aced propow Corwww tvt Ran knww wx rArcfh whAOdes the proposed hrhrt IMd use map in tw DNIm of 1M City Ctetk at Cry Had and may appar at Ing rlwetirq and be hard wah msW 10 the proposed Ord"rence. Psrw d to Section 286.0105. Florida Statuses. rte Cay IhMeM advise YM pubic that H a person derides 10 appal YM decision made by Yee City Councal wth MSW 10 any h 00 Corhsr I A Yrs mmoq. orae pusm wi nod a record of the pmcmdhhps. alba for no purpose and tw^ may now to nsun VIA a verbatim ncard of Yw proaehirhps is made, wI dh Mcad O ck" - OM latimony ata erfdenct upon wlydt YM appal is b be btsta_ TAis notice does not s0nstahrte CO Ment by YM City tm Yw b*oducdw or admession role ev'do noi. nor doe it aulhmite '..- nK or appak nota wwise atl0eted by Ilow. PMsorw wilb disabiitits needi m asses 110 Pa **M In airy 01 Mm nfnroo4innt ehnnld contact the Citv Clerk'S OffiCr at FLORIDA TODAY. We&wsdoy, F'wbruwy 6.2002 Meeting Type: Regular Meeting Date: 03-05-02 AGENDA City Council comader the adoption of Ordinance No. 01-2002 arnendng the zoning map at first reading. Ordinances The Planning & Zoning Board reoonimended approval of this rezoning at their 02-13-02 meeting. This ordinance 10 No This rezoning is consistent with the small scale comprehensive plan amendment, Orditmnoe No. 01-2002. AGENDA REPORT CITY COUNCQ, OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2002, AMENDING THE OFFICIAL ZONING MAP DEPTJDIVISION: P&Z/GROWM MANAGEMENT Requested Actio: City Council comader the adoption of Ordinance No. 01-2002 arnendng the zoning map at first reading. Summary E"boadoe & Background: The Planning & Zoning Board reoonimended approval of this rezoning at their 02-13-02 meeting. This ordinance rezones 4.601 acres from R-2 (residential) to M-1 (industrial) and 5.375 acres from R-2 (residential) to C-2 (conznercian. The supporting documentation is attached. This rezoning is consistent with the small scale comprehensive plan amendment, Orditmnoe No. 01-2002. Exhibits Attacbed: Ordinance No. 02-2002 City Mae. Dep tment P&Z/GROWM MGMT ORDINANCE 02-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R-2 (RESIDENTIAL) TO M-1 (INDUSTRIAL) ON 4.601 ACRES AND R-2 (RESIDENTIAL) TO C-2 (COMMERCIAL) ON 5.375 ACRES; AS DESCTIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board of the City of Cape Canaveral, Florida sitting in its dual capacity as the Planning and Zoning Board and as the Local Planning Agency has held public hearings on changes to the zoning classification of the property indicated below, and WHEREAS, the Planning and Zoning Board has issued a written report regarding its recommendation to the City Council, and WHEREAS, the public was heard at a regular meeting of the City Council on the petition requesting changes indicated below and, after full discussion, the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification; and WHEREAS, the City Council, based on the reasons and findings stated in the analysis and recommendation of the staff, has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTI N 1. That the Offidal Zoning Map of the City of Cape Canaveral, Florida, as described in Section 110-246, Code of Orchnances is hereby amended to include a change of classification from R-2 (Residential) to M-1 (Industrial) on 4.601 awes and R-2 (Residential) to C-2 (Commercial) on 5.375 acres for property legally described as: (See Attached Exhibit "A") SECTION 2. This ordinance repeals all prior ordinances and resolutions in conflict herewith. City of Cape Canaveral, Florida Ordinance No. 02-2002 Page 2 SECTION 3. This ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled this day of '2002. ATTEST: Rocky Rar4ft, MAYOR Jim Morgan Susan Stils, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Lary Weber Mark McQuagge, CITY ATTORNEY Second Public Hearing Notice Published: Second Public Hearing: FOR AGAINST sIn To /l2 i C R2 TO IN i a d \ Ml� 1 C2 in iia Cl f�a WW `► ' 10 ccN 21 ju n a No C.7 ! p a at Q a @ n Q A a! R p el a p ft !� R o ' xs iu d !t OcLa a 'CPA -0:2-01: ss FUTURE LAN -i USE , !1 iC"lSTWG � a cclf 777= T +, 'i I j $CA:L: 0 mg CITY OF C 4PE CANAVERAL LOCAL COMPREHENMVE PLAN FUTURE LAN7 USE MAF mn,ra 7-3 am �avftft u12rA* "Adm 2ftm T*fttwkxmwum 0140mumco •ate As RL a = s L w .' a 'CPA -0:2-01: ss FUTURE LAN -i USE , !1 iC"lSTWG � a cclf 777= T +, 'i I j $CA:L: 0 mg CITY OF C 4PE CANAVERAL LOCAL COMPREHENMVE PLAN FUTURE LAN7 USE MAF mn,ra 7-3 am �avftft u12rA* "Adm 2ftm T*fttwkxmwum 0140mumco •ate As RL EXHIBIT "A" z J.i�z _ IC P i sa o q 3 i t €�I ' ln.i.. ]ii ws•aP la •1s - .._ -.--- --- -- - - w» s•s r[ r•w4 F•.�, ,.� ■ r f i j8t ;ffffffs�: - ag■ - i I ! z ,`.!r ,l err' !1'•t o � Jul I. I s- si-ity � f fit 1�=■ 3 != it 'i � ■ f : IS r=} i its• z z U I G I I a N { = e� a a f i j8t ;ffffffs�: - ag■ - i I LEGAL DESCRIPTION PARCEL 1 (COMMERCIAL -C1 ZONING) A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE N 0"25'08" W, ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1145.10 FEET; THENCE N 89-09'49" W, A DISTANCE OF 16.49 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED) AND THE POINT -OF -BEGINNING; THENCE CONTINUE N 89"09'49" W, A DISTANCE OF 699.62 FEET; THENCE N 0"50'11" E, A DISTANCE OF 329.92 FEET; THENCE S 89"09'49" E, A DISTANCE OF 708.88 FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE- QUARTER OF SECTION 14; THENCE S 0-25'08" E, ALONG SAID EAST LINE, A DISTANCE OF 214.36 FEET TO THE AFORESAID WESTERLY RIGHT-OF-WAY LINE OF NORTH ATLANTIC AVENUE; THENCE S 7-43'11" W, ALONG SAID LINE, A DISTANCE OF 116.45 FEET TO THE POINT -OF -BEGINNING. CONTAINING 5.375 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. LEGAL DESCRIPTION PARCEL 2 (INDUSTRIAL -M1 ZONING) A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST; THENCE N 0-25108" W, ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1145.10 FEET; THENCE N 89'09'49" W, A DISTANCE OF 16.49 FEET TO THE WESTERLY RIGHT-OF- WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS PRESENTLY LOCATED); THENCE CONTINUE N 89-09'49" W, A DISTANCE OF 699.62 FEET TO THE POINT -OF -BEGINNING; THENCE N 0-50111" E, A DISTANCE OF 329.92 FEET; THENCE N 89-09'49" W, A DISTANCE OF 611.11 FEET TO THE WEST LINE OF SAID SECTION 14; THENCE S 0'25'08" E, ALONG SAID WEST LINE, A DISTANCE OF 330.00 FEET; THENCE S 89-09'49" E, A DISTANCE OF 603.88 FEET TO THE POINT -OF -BEGINNING. CONTAINING 4.601 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS OF WAY OF RECORD. Meeting Type: Regular Meeting Date: 03-05-02 AGENDA Ordinances Iwo I 1 NO AGENDA REPORT CITY COUNCQ, OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2002, AMENDING CODE SECTION 2-102, DEPUTY CITY MANAGER DEPTJDIVISION: LEGISLATIVE Requested Action: City Council consider the adoption at first reading of Ordinance No. 03-2002, amending Code Section 2-102, Deputy City Manager. Summary Ez*natioa & Backgranod: This amendment was recommended by City Council during the code review process. The amendment would allow the City Manager, or the City Council, to appoint an Acting City Manager in the absence of the City Manager. I recommend approval. Esbibks Attached: Ordinance No. 03-2002; Existing Code Section 2-102 City M Oboe Depatrtmeot LEGISLATIVE 3-0sozro3-zooi.aa ORDINANCE NO. 03-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 2-102 DEPUTY CITY MANAGER. BY AMENDING APPOINTMENT OF THE DEPUTY CITY MANAGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 2-102, Deputy City Manaeer, is hereby amended as follows, Section 2-102. Deputy Acting city manager. The Cgy Manager, or in his absencethe City Council, shall appoint an acting City Manager. The deputy acting city manager shall act for the city manager during sickness or absence of the city manager and shall be responsible for the functions of the office. SECTION 2. Severability. If any section, paragraph, phrase or work 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. Conflictinm Provisions. Any Ordinance, or part 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 , 2002. ATTEST: Susan Stills, CITY CLERK APPROVED AS TO FORM: Mark McQuagge, CITY ATTORNEY Rocky Randels, MAYOR Jim Morgan Buzz Petsos Rocky Randels Richard Treverton Larry Weber FOR AGAINST § 2-101 CAPE CANAVERAL CODE these powers with respect to subordinates in that officer's department, office or divi- sion. +:6) Direct and supervise_the administration of all departments, offices and divisions of the city, except as provided by the Charter or by law. (7) Perform such other duties as are specified in the Charter or as may be required by the city council. ( Code 1981, § 231.11) Sec. 2.102. Deputy city manager. The city clerk may be the deputy city manager. The deputy city manager shall act for the city M during sickness or absence of the city manager and shall be responsible for the func- tions of the office. (Code 1981, § 231.13) Crow fie -City clerk, l 2-116 et seq. Secs. 2-103-2-115. Reserved. DIVISION 3. CITY CLERK* Sec. 2-116. Duties. The city clerk has the duties and responsibili- ties to: (1) Pursuant to F.S. § 119.021 and the Charter, be custodian of all public records of the city, as defined in F.S. § 119.011, and the seal of the city. (2) Be secretary of the council and perform those duties specified in the council rules of procedure - (3) Directly administer and supervise the units of the office. (Code 1981, § 231.21(.0), (B), (E)) Secs. 2.117-2-125. Reserved. *Charter reference—Appointment by city manager, art VIII. § 1. Crow references—Preparation of ordinances and resolu- tions, § 2-59; minutes of the city council meeting, § 2.55; the city clerk may be appointed deputy city manager. 12-102. DIVISION 4. CITY ATTORNEYt Sec. 2-126. Duties. The city attorney has the duties and responsi- bilities to: (1) Advise and represent the city council in matters of litigation. (2) Advise and make recommendations to the city council with respect to proposed legis- lation and coordinate the preparation of council views on proposed or current state or federal law. (3) Interpret state or federal law. (4) Prepare and make recommendations and interpretations concerning procedural rules; prepare ordinances and resolutions on re- quest of the city council and city boards; and review all ordinances for consistency, uniformity and legal sufficiency. (5) Conduct research in legal matters as di- rected by the council. (6) Perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise. (7) Directly administer and supervise the units of the office. (Code 1981, § 231.31) Charter refereaoe—Duties, art. VII, § 2. Sec. 2-127. Attendance at council meetings. The city attorney or the assistant city attorney in his absence shall be available to the city council at all meetings, unless excused by the council. He shall act as parliamentarian at all meetings and shall advise and assist the presiding officer in mat- ters of parliamentary law. (Code 1981, § 271.11) Secs. 2-128-2.140. Reserved. tCharter references—Appointment by city council, art. IV, 6 2; city attorney qualifications, etc., art. VII. Cross reference—Preparation of ordinances and resolu- tions, 12-59. CD2:10 Meeting Type: Regutw Meeting Date: 03-05-02 AGENDA City Council consider the adoption at first reading of Ordnance 042002, amending Code Sections; Ordinances 2-58 — Workshop Meets 12 w 2-64(C) — Call To Order; Quorum; Roll Call AGENDA REPORT CM COUNCIL OF THE Crff OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2002, AMENDING CODE SECTIONS 2-57,2-58,2-59,2-60,2-64 AND 2-65 DEPTJDIVISION: LEGISLATIVE Requested AetWo: City Council consider the adoption at first reading of Ordnance 042002, amending Code Sections; 2-57(Ax2) and (A)(3) — Special Meetings 2-58 — Workshop Meets 2-59 — Preparation of Ordinances and Resolutions prior to meeting 2-"C) — Preparation and Notice of Agenda 2-64(C) — Call To Order; Quorum; Roll Call 2-65 - Minutes Sauttaary E"boatke do Baekgro d: These amendments were reviewed by City Council during the code review process. Text changes are strike -through and underlined. I recommend approval . Ezbibib Attached: Ordinance No. 04-2002; Existing Codes City M s Ofoe �1 Depa rtmetrt LEGISLATIVE ORDINANCE NO. 04-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTIONS; 2-57 SPECIAL MEETINGS; 2-58 WORKSHOP MEETINGS; 2-59 PREPARATION OF ORDINANCES AND RESOLUTIONS PRIOR TO MEETING; 2.60 PREPARATION AND NOTICE OF AGENDA; 2-64 CALL TO ORDER, QUORUM, ROLL CALL; 2-65 MINUTES BY AMENDING THE TERM FORTHWITH TO IMMEDIATELY, ADDING OTHER LOCATIONS FOR MEETINGS DESIGNATED BY COUNCIL, ADDING COPIES OF ORDINANCES OR RESOLUTIONS IN THE AGENDA PACKAGE, ADDING TERM THREE IN QUORUM AND ADDING THE TERM STRIVE TO MINUTES REPRODUCTION; 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, Brevard County, Florida, as follows: SECTION 1. Section 2-57(a)(2) S ial Meetings, is hereby amended by amending the term "forthwith" to "immediately". SECTION 2. Section 2-57(x)(3) Special Meetings, is hereby amended by amending the term "forthwith" to "immediately". SECTION 3.Section 2-58, Workshop Meetings, is hereby amended as follows; Workshop meetings may be called to informally discuss matters relating the city business, including matters to be placed on the agenda for the succeeding regular council meeting, by a verbal notice served on the city clerk at a regular meeting of the city council or in writing and signed by a majority of the council members. Workshop meetings shall be held in the city hall annex or any other place so designated by Council to the locations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall. Minutes of the workshop meeting shall be prepared and distributed to council members. SECTION 4. Section 2-59, Preparation of Ordinances and Resolutions Prior to Meeting, is hereby amended as follows; All ordinances and resolutions prepared shall be filed with the city clerk and a permanent reference number assigned prior to consideration by the council at any regular meeting. A copy shall normally be furnished to each council member at the workshop meeting prior to the regular meeting at which the ordinance or resolution shall be considered. if the City of Cape Canaveral, Florida Ordinance No. 04-2002 Page 2 A cony of the ordinance or resolution for adoption at the regular meeting is furnished in the Council Agenda Dacket. SECTION 5.Section 2-60(c), Preparation and Notice of Agenda, is hereby amended as follows; (c) All items to be placed on the agenda must be filed with the city cleric prior to or during the workshop meeting pursuant to section 2-58. If the workshop is not held, any member of the city council, the city attorney, city clerk or city manager may place an item on the agenda, provided that the item must be filed with the city clerk prior to 12:00 noon on the Friday preceding the regular meeting. This agenda will then be sent te the Fes' -den Agenda packets are distributed to Council members the Tuesday prior to the Council meeting SECTION 6. Section 2-64(c), Call to Order: Quorum: Roll Call, is hereby amended as follows; c) If a quorum of three is not present at the roll call, no further business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the 30 -minute recess, the meeting shall be automatically adjourned. SECTION 7.2-65, Minutes, is hereby amended as follows; The minutes of the previous regular meeting of the city council shall be adopted by reference, unless request is made by a council member for the minutes to be read in their entirety. The city clerk shall strive to have available to each council member and to the city attorney a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be copies of the minutes posted on the bulletin board and copies available for the citizens to examine at the city meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. Amended copies of the minutes will be distributed to each council member. SECTION 8. Severability. If any section, paragraph, phrase or work 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 9. Conflicting Provisions. Any Ordinance, or part of an Ordinance, in conflict herewith is repealed. C:1Program FilesNy Documents\Code review 20021Ord. revising Sections 2-57 through 2-65.doc City of Cape Canaveral, Florida Ordinance No. 04-2002 Page 3 SECTION 10. 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 , 2002. ATTEST: Rocky Randels, MAYOR Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Mark McQuagge, CITY ATTORNEY FOR AGAINST CAProgram Files\My Documents\Code review 20021ord. revising Sections 2-57 through 2-65.doc § 2,56 DIVISION 3. MEETINGS' Sec. 2.56. Regular meetings. CAPE CANAVERAL CODE The city council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting shall be held on the nest succeeding day not a holiday. Regular meetings may be otherwise postponed, canceled or rescheduled only by motion adopted at a regu- lar meeting by a majority vote of the city council. All regular meetings shall be held in the city hall annex or such other place as designated by a majority of the council in open session. (Code 1981,1271.02; Ord. No. 2493, § 1(271.02), 8-17-93) See. 2-57. Special meetings. (a) A special meeting of the city council may be initiated by any of the following means: (i) By an affirmative vote of a majority of the city council pursuant to the Charter, art. V,§1. (2) By serving the city deck notice in writing and signed by a city coun- cil. The cleric"ve verbal or written notice to member of the council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. (3) By verbal notice to the city clerk or the city manager by a mAjority of the city council whenever an emergency exists which requires imm by the council. The clerk ttempt to give notice to each member of the council stating the hour of the meeting •Cbarter art. V, f 1; rules of procedure, art. V, 12, state Lw weetinp, F.S. ch_ 286_ and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reason- able diligence, it is impossible to give notice to each councilmember, such fail- ure shall not affect the legality of the meeting. (b) All special meetings shall be held in the city hall or such other place as designated by a majority of the council in open session and shall be open to the public and the press. (Code 1981, § 271.03) Sec. 248. Workshop meetings. Workshop meetings may be called to informally discuss matters relating the city business, includ- ing matters to be placed an the agenda for the succeeding regular council meeting, by a verbal notice served on the city clerk at a regular meet- ing of the city council or in writing and signed by T� T a majority of the cocmcilmembers. W m `or frov ti ings shall be held in the city hall ann and shall be open to the public and press. Notice of work- shop meetings shall be posted 24 hours in ad- vance at the city hall. Minutes of the workshop meeting shall be prepared and distributed to council members. (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04), 8-17-93; Ord. No. 26-95, § 1, 11-9-95) Supp. No. 4 CD2:6 AMUNISTRAT'IO\ Sec. 2.59 paration of ordinances and res- olutions prior to meeting. All ordinances and resolutions prepared shall be filed with the city clerk and a permanent ref- erence eference number assigned prior to consideration by the council at any regular meeting. A copy shall normally be furnished to each councilmember at the workshop meeting prior to the regular meeting at which the ordinance or resolution shall be con- sidered. If the workshop meeting is not held, a copy of the proposed ordinance or resolution shall be sent to the residence of each councilmember and to the office of the city attorney at least 48 hours prior to the regular meeting. (Code 1981, § 271.05(D)) Cross references—City cleric, § 2-116 et seq.: city attorney, § 2-126 et seq. Sec. 240. Preparation and notice of agenda. (a) There shall be an official agenda of every meeting of the council which shall determine the order of business conducted at the meeting. (b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city clerk or city manager. (c) All items to be placed on the agenda must be filed with the city clerk prior to or during the workshop meeting pursuant to section 2.58. If the workshop is not held, any member of the city council, the city attorney, city clerk or city man- ager may place an item on the agenda, provided that the item must he filed with the city clerk prior to 12:00 noon on the Friday preceding the regular meeting. This agenda will then be sent to the residence of each of the members of the city council and to the office of the city attorney at least 48 hours prior to the regular meeting. (d) Public notice of the agenda for all meetings shall be served by posting the agenda in a con- spicuous place in city hall prior to 1:00 p.m. the bey pig the meeting. (Code 1981, § 271.06(4L)—(C), M) Sec. 2-61. Parliamentary procedure. Except as may be provided in the Charter or in this division, questions of order, the methods of organization and the conduct of business of the § 2-64 council shall be governed by Robert's Rules of Order, Newly Revised, in all cases to which such rules are applicable. Code 1981, § 271.01) Sec. 2-62. Presiding officer. The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the absence of the mayor. The mayor shall assume the chair as pre- siding officer at the next meeting after his or her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. The presiding officer shall state every question coming before the council and announce the deci- sion of the council on all matters coming before it. A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the pre- siding officer is challenged. (Code 1981, § 271.07; Ord. No. 39-93, § 1, 10- 19-93) Sec. 243. Sergeant at arms. The sergeant at arms shall be present at reg- ular council meetings when so requested by any member of the city council or by the city manager. (Code 1981, § 271.12) Sec. 2.64. Call to order, quorum; roll call. (a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember may call the meeting to order at the appointed hour. (b) In a regular or special meeting before pro- ceeding with the business of the council, the city clerk or his designee shall call the roll of the mem- bers in alphabetical order, and the names of those present shall be entered in the minutes. (:::(cy If a quorum is not present at the roll call, no er business shall be transacted and a recess shall be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall CD2:7 § 2.64 CAPE CANAVERAL CODE first occur. If a quorum is not in attendance at the end of the 30 -minute recess, the meeting shall_be automatically adjourned. (d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall be the election of a temporary pre- siding officer. Upon arrival of the mayor or mayor pro tem, the temporary presiding officer shall re- linquish the chair upon the conclusion of the busi- ness immediately before the council. (Code 1981, § 271.13) =__ttouf tes. the previous regular meeting of the city council shall be adopted by reference, un- less request is made by a councilmember for the minutes to be read in their entirety. The city clerk shall have available to each councilmember and to the city attorney a copy of such minutes at least 24 hours preceding the neat regular meeting. There shall be copies of the minutes posted on the bulletin board and copies available for the citi- zens to examine at the city meeting. The minutes of the meeting shall be approved or corrected by a majority of the members present and upon such approval shall become the official minutes. Amended copies of the minutes will be distributed to each councilmember. (Code 1981, § 271.14) Cly refwexw�&—City clerk, § 2-116 et 9eq. Sec. 2-66. Consideration of matters before council. (a; The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the councilmembers present have fust consented to the presentation of the matter for consideration and action. ib) All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. ic) When a motion is presented and seconded, it is under consideration, and no motion shall be received thereafter, except to adjourn to recess, to lay on the table, to postpone or to amend, until the question is derided. These motions shall have preference in the order in which they are men- tioned and the motions to adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending motion may be de- ferred until the neat regular meeting by a ma- jority of the members present. (d) The presiding officer may move, second and debate from the chair, subject only to such limi- tations of debate as are imposed by this division upon all members, and the presiding officer shalt not be deprived of any of the rights and privileges of a councilmember because of his being the pre- siding officer. (e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language. A member once recog- nized shall not be interrupted when speaking un- less the interruption shall be to call the council - member to order or as otherwise provided in this division. (f) Any citizen present at the meeting may orally petition the presiding officer to address the council. Permission shall be granted only after a showing that the subject matter is relevant to the business under consideration and is significantly informative to the council. (g) Each person addressing the council shall stand, shall give his or her name and address in an audible tone for the minutes and, unless fur- ther time is granted by the council, shall limit his or her address to five minutes. No person other than councilmembers and the person having the floor shall be permitted to enter into any discus- sion either directly or through a member of the council without the permission of the presiding officer. No question shall be asked councilmem- bers except through the presiding officer. (h) Any person making impertinent or slan- derous remarks or who becomes boisterous while addressing the council shall be barred from fur- ther audience before the council by the presiding officer, unless permission to continue or again ad- dress the council is granted by the majority of the council. (i) The councilmember moving the adoption of an ordinance or resolution shall have the privi- lege of closing debate. (Code 1981, § 271.15; Ord. No. 39-93, § 3, 10- 19-93) CD2:8 Meeting Type: Regular Meeting Date: 03-05-02 I ti AGENDA REPORT CITY COUNCEL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-2002, AMENDING CODE SECTIONS 2-218, 2-219, 2-222(5)(B), 2-224 DEPTJDIVISION: LEGISLATIVE Requested Active: City Council consider the adoption at fust reading of Ordinance No. 05-2002, amending code sections: 2-218 - Procedure 2-219 — Open Market Purchase Procedures 2-222(5)(b) — Cooperative Purchasing 2-224 — Blanket Purchase Orders smmary Explamtke & BackgrewW: These ams were reviewed by City Councd and the text changes are str w -through and underlined. Exhibits Attaehed: Ordinance No. 05-2002; Existing Code City Offim Dgmutme.t LEGISLATIVE 3-os-0ms-xoo2.aac ORDINANCE NO. 05-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTIONS; 2-219 OPEN MARKET PURCHASE PROCEDURES; 2-222 COOPERATIVE PURCHASING; AND 2-224 BLANKET PURCHASE ORDERS BY AMENDING THE OPEN MARKET PURCHASE VALUES FROM $5,000.00 TO $20,000.00; $500.00 TO $1,000.00; $500.00 TO $1,000.00; AND ADDING A THREE WRITTEN QUOTE REQUIREMENT; BY AMENDING THE COOPERATIVE PURCHASING VALUES FROM $500.00 TO $1,000.00 AND CREATING A PREVIOUSLY BUDGETED CAPITAL ITEM EXCEPTION; AND BY AMENDING BLANKET PURCHASE ORDERS VALUES FROM $5,000.00 TO $20,000.00 FOR PRIOR APPROVED, RECURRING ITEMS AND VALUES FROM $500.00 TO $1,000.00 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 2-218, Procedure is hereby amended as follows: All purchases by the city, except as otherwise provided in this division, when the estimated cost thereof shall exceed $6,000.00 $20,000 shall be purchased by formal written bilateral contract from the lowest responsible bidder after due notice inviting bids or proposals. SECTION 2. Section 2-219, Omen market Purchase Procedures is hereby amended as follows: All purchases with an estimated value of $5;000.90 $20.000.00 or less shall be made on the open market without observing the procedure prescribed by section 2-218 for the award of contracts. Purchases of greater than $50.00 $1,000.00 but less than $5,000.00 will be obtained by soliciting written quotes prior to awarding a contract or purchase order. All purchases exceeding $500:00 $1,000.00 but not exceeding $5,000.00 shall be approved by the city manager. Except in the case of emergency, the city -purchasing agent shall solicit at least three competitive quotes by way of mail, telephone or other suitable means, and the quote of the lowest responsible bidder shall be accepted. The city - purchasing agent shall keep a record of all open market purchases and the bids submitted in competition therefore and such records shall be open to public inspection. If the open market purchase sought is less than $500:00 $1,000.00, the city purchasing agent shall make purchases according to best commercial practice. The purchase of budgeted capital e ui ment between $5,000.00 and $20,000.00 shall be approved by the City Manager. City of Cape Canaveral, Florida Ordinance No, 05-2002 Page 2 SECTION 3. Section 2-222(5xb), Cooperative Purchasing is hereby amended as follows: b) The city manager shall approve any purchase from the agencies described in subsection (a) of this section which exceeds $50.00 $1,000.00 but does not exceed $5,000.00. The city council shall approve any such purchase, which exceeds $5,000.00. The uurchase of budgeted capital equipment between $5,000.00 and $20.000.00 shall be approved by the City Manager. SECTION 4. Section 2-224, Blanket Purchase Orders is hereby amended as follows: The city may issue blanket purchase orders to provide a means for capturing total requirements of budgeted for non -capital items for a period of time not to exceed 12 months. Any blanket purchase orders, purchases from which are expected to exceed WON. , $20.000.00 shall be entered into using the procedures described in section 2- 218. Other blanket purchase orders, purchases from which expected to exceed $500:00, $1,000.00 shall be entered into utilizing open market procedures. Each purchase requisition issued against the blanket purchase order may be issued by the city -purchasing agent without further approval. No blanket purchase order issued by the city shall confer upon any person the exclusive right to furnish the city's requirements for the supplies, services or construction called for by the blanket purchase order. SECTION 5. Severability. If any section, paragraph, phrase or work 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 6. Conflicting Provisions. Any Ordinance, or part of an Ordinance, in conflict herewith is repealed. SECTION 7. Effective Date. This Ordinance shall take effect immediately upon its adoption. C:IWINNT1ProfilesLsusans.0001Temporary Internet Files\OLKC10rd_ revising sections 2-218 through 2-224.doc City of Cape Canaveral, Florida Ordinance No. 05-2002 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2002. Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Mark McQuagge, CITY ATTORNEY C:IWINNT\Profileslsusans.0001Temporary Internet Fi1es50LKC10rd, revising sections 2-218 through 2-224.doc § 2-217 CAPE CANAVERAL CODE (9) The ability of the bidder to perform any return of surety where the city has required warranty obligations called for by the con- such. A successful bidder shall forfeit any tract; and surety required by the city upon failure to enter into a contract upon the terms con - (10) The number and scope of conditions at- tached to the bid or proposal by the bidder. �� in the bidder's bid or proposal within ten days after the award. rOrd. No. 9-93, § 31205.03), 5-18-931 (4) Bid opening. Bids and proposals shall be Sec. 2-218. Procedure. submitted sealed to the city and shall iden- tify the city invitation for bid or request for All purchases by the city, except as otherwise proposal number on the outer envelope. Bids provided in this division, when the estimated cost and propoals shall be opened at the time thereof shall exceed $5,000.00, shall be purchased and place stated in the public notice. A tab- by formal written bilateral contract from the ulation of all bids and proposals received lowest responsible bidder after due notice inviting shall be posted for public inspection on the bids or proposals. bulletin board in the city hall. (1) Notice. Notice inviting bids or proposals (5) Rejection of bids. The city shall have the shall be published in at least one official authority to reject all bids or proposals when newspaper with general circulation in the the public interest will be served thereby. county at least five days preceding the last The city may reject the bid or proposal of a day set for the receipt of proposals. The bidder when: newspaper notice required shall include a a. The bid or proposal does not conform to general description of the supplies, services the technical specifications; or construction to be purchased and shall The bid or proposal is facially noncon- state where bid blanks and specifications forming as to acceptable materials and forming may be secured and the time and place for components services; or opening bids. The city shall also advertise . The bid materially and substantially ca pending purchases by a notice posted on differs from the invitation for bids or the public bulletin board in city hall. request for proposals. (2) City bidders list. The city shall also solicit (g) Ineligible contractors. The city shall not so - bids or proposals from all responsible pro- licit or accept the bid or proposal of a con- spective bidders whose names appear on the tractor who is in the default of payment of bidders list maintained by the city. The city taxes, license fees or other monies due the shall send a copy of the newspaper notice aty described in subsection (1) of this section to each bidder whose name appears on the city (7) Award to other than low bidder. When the bidders list. The city shall mail the notices award is not made to the lowest bidder, a as aforesaid only to those bidders who or- full and complete statement of the reasons dinarily provide supplies, services or con- for placing the contract elsewhere shall be struction similar in character to those called prepared by the city and filed with other for by the invitation for bids or request for documents relating to the invitation for bids proposals. Prospective bidders may have or request for proposals. their names added to the city bidders list in (8) Tie bids. If all bids or proposals received accordance with procedures to be adopted are for the same total amount or unit price, by the city manager. quality and services being equal, the con - 4.3) Bid deposits. When deemed necessary by tract shall be awarded to any bidder with a the city, bid deposits shall be prescribed in place of business within the city. Where tie the public notices inviting bids or proposals. bids are received from more than one bidder Unsuccessful bidders shall be entitled to the with a place of business within the city or CD2:14 ADMINISTRATION where all tie bidders do not have a place of business within the city, the city shall award the contract to one of the tie bidders by drawing. lots in public. ,9 Performance bond. The city shall have the authority to require a performance bond be- fore entering into any contract in such amount as the city shall find reasonably necessary to protect its interest. 'Ord. No. 9-93, § 3(205.05), 5-18.93) Sec. 2.219. Open market purchase proce. dures. All purchases with an estimated value of $5,000.00 or less shall be made on the open market without observing the procedure prescribed by sec- tion 2-218 for the award of contracts. Purchases of greater than $500.00 but less than $5,000.00 will be obtained by soliciting written quotes prior to awarding a contract or purchase order. All pur- chases exceeding $500.00 but not exceeding $5,000.00 shall be approved by the city manager. Except in the case of emergency, the city pur- chasing agent shall solicit at least three compet- itive quotes by way of mail, telephone or other suitable means, and the quote of the lowest re- sponsible bidder shall be accepted. The city pur- chasing agent shall keep a record of all open market purchases and the bids submitted in com- petition therefor and such records shall be open to public inspection. If the open market purchase sought is less than $500.00, the city purchasing agent shallmake purchases according to best com- mercial practice. (Ord. No. 9-93, § 3(205.07), 5-18-93) Sec. 2.220. Sole source. When it has been determined that a certain type of supplies, services or construction is available from only one source, or no other substitutive sup- plies, services, or construction are available for purchase by the city, the city may purchase the items from the single source of supply without complying with the competitive purchasing pro- visions of this division. tOrd. No. 9-93, § 3(205.09), 5-18-93) Sec. 2.221. Emergency pu=rchase. In the case of an apparent emergency which requires an immediate purchase of supplies, ser- § 2-224 vices or construction, the city manager shall be empowered to secure by open market procedures, at the lowest obtainable price, any supplies, ser- vices or construction, regardless of the amount of the expenditure, when such procurement is essen- tial to prevent delays in the work of the city which may vitally affect the life, health or welfare or convenience of the citizens. A full report of the circumstances of an emergency purchase shall be filed by the city manager with the city council at the next regular city council meeting following the purchase, shall be entered in the minutes of the city council and shall be open to inspection. (Ord. No. 9-93, § 3(205.11), 5.18-93) Sec. 2.222. Cooperative purchasing. (a) The city may procure, without compliance with the competitive purchasing procedures of the this division, supplies, services and construction under the terms of contracts entered into by or through other governmental agencies as follows: (1) The United States government General Ser- vices Administration (GSA), or other such federal contract; (2) State department of purchasing and pro- curement; (3) Brevard County; (4) Multicounty cooperatives; or (5) Cooperative purchasing agreements as des- ignated by the city council. (b) The city manager shall approve any pur- chase from the agencies described in subsection (a) of this section which exceeds $500.00 but does not exceed $5,000.00. The city council shall ap- prove any such purchase which exceeds $5,000.00. (Ord. No. 9-93, § 3(205.13), 5.18-93) Sec. 2.223. Prohibition against subdivision. No contract or purchase shall be subdivided to avoid the requirements of this division. (Ord. No. 9-93, § 3(205.15), 5-18-93) Sec. 2-224. Blanket purchase orders. The city may issue blanket purchase orders when the city council determines that a blanket CD2:15 § 2224 CAPE CANAVERAL CODE purchase order shall be more cost effective to pro- vide means for capturing total requirements for noncapital items for a period of time not to exceed 12 months. Any blanket. purchase orders, pur- chases from which are expected to exceed $5,000.00, shall be entered into using the proce- dures described in section 2-218. Other blanket purchase orders, purchases from which expected to exceed $500.00, shall be entered into utilizing open market procedures. Each purchase requisi- tion issued against the blanket purchase order may be issued by the city purchasing agent without further approval. No blanket purchase order issued by the city shall confer upon any person the exclusive right to furnish the city's requirements for the supplies, services or construc- tion called for by the blanket purchase order. (Ord. No. 9-93, § 3(205.17), 5-18-93) Sec. 2-225. Availability of funds. Except in cases of emergency, the city pur- chasing agent shall not issue any order for de- livery on a contract or open market purchase until the city treasurer shall have certified that there is to the credit of the using agency concerned a sufficient unencumbered appropriation balance, in excess of unpaid obligations, to defray the amount of such order. (Ord. No. 9-93, § 3(205.19), 5-18-93) Sec. 2.226. Prohibition of interest. (a) Financial interest. Any purchase order or contract within the purview of this division in which any officer or employee of the city is finan- cially interested, directly or indirectly, shall be void, except that before the execution of a pur. chase order or contract, the city council shall have the authority to waive compliance with this sec- tion when it finds that such action is in the best interest of the city and is in compliance with gen- eral law. ,bl Gifts and rebates. The city purchasing agent and every officer and employee of the city are ex- pressly prohibited from accepting, directly or in. directly, from any person to which any purchase order or contract is or might be awarded, any re- bate, gift, money or anything of value whatso. ever, except when given for the use and benefit of the city. (Ord. No. 9-93, § 3(205.21), 5-18-93) Secs. 2.227-2.230. Reserved. DIVISION 3. IMPACT FEES* Sec. 2-231. Levy and purpose. In order to defray the cost of new or expanded parks and recreation, library, general government, police and fire and rescue services and equipment attributable to new construction, impact fees are levied on such constriction in accordance with the provisions of this division. (Ord. No. 41-93, § 1(719.01), 10-19-93) Sec. 2.232. Exemptions. The impact fees imposed in this division shall apply to all new construction within the city, ex- cept the following- (1) ollowing (1) Expansion of a residential dwelling unit, so long as no new dwelling unit is created thereby. (2) Remodeling, repair, rebuilding or restora- tion of any structure, so long as no substan- tial additional impact to the services ad- dressed in this division, as determined by the city mangier and subject to the appeal to the city council by an aggrieved appli- cant, is caused thereby. (31 Construction of any nonresidential struc- ture by any agency of federal, state or local government. (Ord. No. 41-93, § 1(719.03), 10-19-93) Sec. 2.233. Schedule. Impact fees upon new construction shall be es- tablished and are imposed and levied to defray the cost of capital expenditures attributable to parks and recreation, library, general government, police and fire and rescue services. The amounts of the impact fees are contained in appendix B to this Code. The city council may, from time to time, *Chow references—Fire prevention and protection, ch_ 38; law enforcement, ch. 42; library, ch. 46; parks and recreation. ch. 54; sanitary sewer system impact fees, 178-121 et seq. CD2:16 Meeting Type: Regula Meiling Date: 03-05-02 1 AGENDA REPORT CITY COUNCM OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-2002, AMENDING CODE SECTION 6-51, STREETS, ALLEYS, SIDEWALKS & PARKING ACCESS DEPTJDIVISION: LEGISLATIVE Requested Actio: City Council cousider the adoption at fast reading of Ordinance No. 06-2002, amending Code Section 6-51, streets, alleys, sidewalks and pwlang areas. Sowary Ez*uadi & Bacigro d: The code amendment creates an exemption for this code section, similar to that provided in Section 6-52(b). This was recommended doming the code review process. I recommiend approval. Exhibits Attached: Ordinance No. 06-2002; Existing Code City Ma soe / , I Department LEGISLATIVE ORDINANCE NO. 06-2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION; 6-51 STREETS. ALL SIDEWALKS. AND PARKING ACCESS BY ADDING AN EXCEPTION TO THE PROHIBITION ON CONSUMPTION AND POSSESSION OF AN OPEN CONTAINER OF AN ALCOHOLIC BEVERAGE WITHIN AN AREA OPEN TO THE PUBLIC; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County, Florida, as follows: SECTI N 1 Section 6-51, All and Parki Areas is hereby amended by amending the first and only paragraph of this subsection to paragraph sub (a) and adding the following exception under sub (b): 'The City Council may waive the prohibitions of this section for any special event, including, but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages! SECTION 2. Severability. If any section, paragraph, phrase or work 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. Conflkdna Provisions. Any Ordinance, or part of an Ordinance, in conflict herewith is repealed_ SECTION 4. Effective Date. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 06-2002 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2002. Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Mark McQuagge, CITY ATTORNEY C:\Program Files\My Documents\Code review 2002\Ord_ revising Section 6-51.doc § 6-27 CAPE CANAVERAL CODE able notice thereof to the holder of the license and affording the holder an opportunity to be heard as to why the revocation should not be issued. - (Code 1981, § 734.01(A"C), (E)) Cross reference --Adult entertainment regulations, § 10- 86 et seq. State law reference—Authority to regulate conduct, F.S. §§ 562.14, 562.45. Secs. 6-28-6-50. Reserved. ARTICLE III. POSSESSION AND CONSUM MON DIVISION 1. GENERALLY Sec. 6-51. Streets, alleys, sidewalks and parking areas. It shall be unlawful for any person to drink, 1 consume or possess an open container of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, on or upon any street, alley, walkway, sidewalk or any city public parking area open to the public in the ordinary course of business within the city. (Code 1981, § 604.01) Crass raferenceis—Library, ch. 46; parks and recreation /vk� areas. ch. 54; streets, sidewalks and other public places, ch IcVZA 66; waterways, ch 106; zoning, ch. 110. r2-, 'r a0ov3 Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) Cross reference—Parks and recreation, ch. 54. Secs. 6-53-6.85. Reserved. DIVISION 2. MMOR VEHICLES* Sec. 6-66. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning. Alcoholic beverage means any beverage contain- ing more than one percent of alcohol by weight. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name and which bears the manu- facturer's insignia, name or trademark, shall be prima facie evidence that such beverage is an al- coholic beverage. Highway means any public street, avenue, bou- levard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or pri- vate, located within the incorporated area of the city. Open container means any bottle, can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage which has been opened or a seal broken or the contents of which have been partially re- moved. Possession means an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the posses- sion of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle. An open con- tainer shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger. An open con- tainer shall not be considered in the possession of a person if the open container is located in the refrigerator or other storage area of a motor home or recreational vehicle which is in excess of 21 feet in length. •Cross references --Streets, sidewalks and other public places, ch. 66; traffic and vehicles. ch. 74. State law reference—Possession of open containers in ve- hicles, F.S. § 316.1936. Supp, Vo. 1 CD6:4 Meeting Type: Regular Mecting Date: 03-05-02 AGENDA REPORT AGENDA ttnd`.6 Rewutiam Iwo 15 No- CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2002-09, SUPPORTING THE TOWN OF MALABAR'S RIGHT TO HOME RULE DEPTJDIVISION: LEGISLATIVE Regaested ActiM: City Council consider the adoption of this resolution in support of the Town of Mabdw"s right to Homs Rule as requested by the Town of Malabar. Summary Ex*aabm & RackgrawW: See attached docurnent8tiM Ezbibits Adacred: Resohgion No. 2002-09, Supporting documentation City M Oboe Department LEGISLATIVE RESOLUTION NO. 2002-09 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE TOWN OF MALABAR'S RIGHT TO HOME RULE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Malabar incorporated in 1962 under general law to have control within its boundaries; and WHEREAS, the Town utilized CITA grant funds throughout the 1970's to formulate its Comprehensive Plan; and WHEREAS, the Town of Malabar adopted a Comprehensive Plan in 1988 after review and approval by the State Department of Community Affairs and copies have been on file with the County Planning Office and the County library; and WHEREAS, the City of Cape Canaveral supports the Town of Malabar's Home Rule authority and its and desire to have input when outside agencies plan actions that would affect the Town's Comprehensive Plan, Land Use Plan and Town Charter. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. The City Council requests that the Board of County Commissioners recognize the Town of Malabars Charter, Comprehensive Plan and Home Rule authority of the Town of Malabar. SECTION 2. The City Council encourages the Board of County Commissioners to direct the Environmentally Endangered Lands Program (EEL) to cease and desist any further attempts to acquire property within the Town of Malabar until elected officials can meet with EEL Selection and Management Committee members. SECTION 3. The Clerk's Office is directed to send a copy of this resolution to the Board of County Commissioners and the Town of Malabar. City of Cape Canaveral, Florida Resolution No. 2002-09 Page 2 ADOPTED BY the City of Cape Canaveral City Council this day of , 2002. Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Lary Weber Mark McQuagge, CITY ATTORNEY 11Cape-ntldtyd WC"0k\Reso1ubDm\SupWr" Malabars Right to home Rule.doc WILLIAM HALL TOWN ADMWISTRATOR PHONE (321) 723-3261 FAx (321) 722-2234 February 21, 2002 Mr. Bennet Boucher, City Manager City of Cape Canaveral PO Box 326 Cape Canaveral, FL :32920 Dear Mr. Bcher'jP�' -e' v- TOwN HALL 2725 MALABAR ROAD MALABAR, FLORIDA 329504427 The Town of Malabar incorporated in 1962 and adopted its Charter in 1985 and Comp Plan in 1988, vesting control in managed growth and development to its elected officials. The EELs Program has aggressively pursued acquisition of vast acreage within Malabar without input from its elected officials or residents. We are asking for a resolution from our sister cities supporting us in our desire/demand that Home Rule be recognized and the elected officials be brought into the discussions of their planned acquisitions prior to any further purchases. Their plan would take 30% of Malabar's property off the tax roll ;fin out of the control of Malabar's Comp Plan or LUP and eventually tum title over to the State. This would have a significant impact on the future of Malabar's growth and well- being. We ara ; eet;^.; with the County Ccmmissicn on February 26, 2002 to request no further acquisiUns he num--ad until ^ %,nrk shop can beh-!...4 it -h EELs staff to discuss our concer,is. There is nr!- confirmation that property taken off Malabar's tax rolls and the We transferred to the State would be held in perpetuity for conservation and managed property. Attached is a sample resolution for your earliest consideration. Thank you in advance. Sincerely, William Hall WILLIAM HALL o� TOWN ADMINISTRATOR 03� PHONE (321) 723-3261 FAX (321) 722-2234 February 21, 2002 �l4RI14' Ms. Anne P_ Birch, Program Manager 2725 Judge Fran Jamieson Way Viera, FL 32940 Dear Ms. Birch: TOWN HALL 2725 MALABAR ROAD MALABAR, FLORIDA 32950-4427 I am in receipt of your letter and the status report dated February, 2002, and it is good to see such communication. It has been a long time. coming_ Had the Town been given even yearly updates similar to this, we could have addressed this situation with the County Commission much earlier. I would hope that these status reports continue on a regular basis. The issue the Elected Officials of the Town of Malabar have is the lack of communication in participating in the selection methodology for the past ten + years. Our authority of Home Rule has been disregarded, our Comprehensive Plan has been ignored, our ordinances violated, and you continue to explain how your committee isn't chartered to take into consideration municipal boundaries_ There is a serious Raw in your operating manual approved by the Board of County Commissioners, when your present proposal essentially wipes any plans that are in place for our Town to develop the way it is set out in our Comp Plan and Land Use Plan_ Taking one-third of a single municipality and designating it no growth has a severe impact on its future potential development_ To think the elected officials would not want to participate and offer input is unconscionable. Your statement that the property is undeveloped now and has been is irrelevant- We have had favorable discussions with both the owners of some of the large parcels to develop them or market them as low density ranchettes that would enhance our Chartered preference, while allowing the eontrolied development we call out for in our Comp Plan. Once again, had we been kept abreast of your committee's activities through a regular printed update, some of the subsequent ordinances passed by the County Commission regarding this program would have possibly not passed or been revised to allow for municipal Horne Rule. The elected officials of Malabar are now watching and they will be offering convmnt to not Only their County Commissioners but also to their State representatives and their Wow municipalities. Thank you for your letter and status report and I hope that this is an indication of improved communication. Sincerely, /3, -),t - William Hal cc: County -wide City Managers County Commissioners County Manager Local News Page 1 of 2 MAIN NEWS Local News floridatwl pix— Home Page Local Space Sports Money People Editorial Page Columnists Obituaries National/World Photo Galleries 14 -Day Archive OTHER NEWS Arts in Central Florida Complete FLORIDA TODAY coverage delivered to your door. Subscribe now. > Slhool Ela Feb 26. 8:0- P.M b ,"U > Group disc alc�bus, County gives OK for environmental group to 12W-05 nts continue Malabar land buys Breviolent nro' > SWe oior By John A. Torres FLORIDA TODAY MNUZA� VIERA -- Brevard County Commissioners passed a resolution Tuesday afternoon allowing a county agency to continue buying environmentally sensitive land in Malabar — with the promise of increased communication and cooperation. The Fact Book Some practices of the county's Environmentally Endangered Lands Technology The Verge program have come under fire by Malabar Town Council members and residents. Weather USA Weekend Florida Lottery EEL recently has purchased and is in negotiation to purchase land in the small town. EEL already owns 1,000 acres and is trying to purchase 2,100 more, making it owner of about one-third of the town of Malabar. The Malabar government presented a united front protesting some of the land acquisitions and the way the county agency has communicated -- or failed to do so -- with the town. "We are not attacking the environmental community, we're here to talk to you because you have control over these issues," Malabar Town Manager Bill Hall said. "We are talking about home rule. This is our town, and we currently don't have any communication (with EEL)." Hall said he had received a letter from the city of Titusville "that has similar concerns. But I will let Titusville handle that." EEL is a county program, started after a 1990 referendum, whose mission is to acquire, protect and maintain environmentally endangered lands. Malabar officials complained about the amount of land being sought by EEL as well as land clearing and planned controlled burns they say are taking place without the proper permits or discussion with town officials. U.S., MayHel Milita Skilling Deni cong Court Tests I Rights AIDS Vaccine iggs Bush Helps E Monev Man Pleads I Disapoearan Debate Over Turt�out http:,'/www.floridatoday.com/!NEWSROOM/localstoryA 12993A.htm 02/27/2002 Local News "My issue is with the county agency's failure to follow the rules," Malabar Mayor Phil Crews said. "Malabar has a good history of cooperation with the county. Let's go back and do this right." County Commissioner Randy O'Brien said the commission should support the Town of Malabar's objections. "Brevard County should respect Malabar and its wishes," O'Brien said. "The town of Malabar has already communicated that it doesn't want this. We can communicate all we want, but we should respect the wishes of the town." But Commission Chairman Truman Scarborough said taking a definitive stand on the issue would violate the original intent of the apolitical agency whose existence was approved by the county's citizens. So Commissioner Nancy Higgs proposed a resolution that would essentially increase dialogue between the agency and the town as well as provide for a workshop between the two entities. The resolution also stated the county agency needs to abide by whatever permits and zoning requests or laws are in place where it purchases land. Many of the speakers to address the commission following Malabar officials supported the EEL program and the continued purchase of land in Malabar. And others disputed the town's claims of little communication with EEL officials. "I'm hearing a lot about the lack of communication," said Malabar resident Nona Swan as she produced a fax dated June 30, 2000 from EEL Director Ann Birch to Hall describing land acquisitions that included a map. "The council says they didn't know about EEL plans?" »» We want to hear from you «« Story Feedback Submit a iet:er to the Editor Subscribe to FLORIDA TODAY mn, eneiiunt6w expelW- ru./ fz to entero ki1k"-4.. TO SEE OUR SHOPS CLICK HERE z I News I EnteqAinmen I Communities I Customer Service JgN I Automotive I Real Estate I Qassifieds Page 2 of 2 Use of this site signifies your agreement to the Terms of Service (updated 08/10/2001). We invite your comments- question r advertising inquires. Copyright C 2002 FLORIDA TODAY. #lorid1 t t >'t 1: t. oeon, http:,"/www.floridatoday.com/!NEWSROOMAocalstoryA 12993A.htm 02/27/2002 Mecting Type: Regular Mooting Date: 03-05-02 AGENDA + I Resolutiaa4 Iwo 16 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2002-10, DESIGNATING A PUBLIC PARK AREA AS AN OFF - LEASH DOG PARK DEPTJDMSION: LEGISLATIVE Req ated Aetioa: Mayor Randels is proposing this resohition to designate either Manatee or Xericape Park as an off -leash dog Park area Sa wary Explaatio■ & Baet;rood: I inquired with the State about allowing a (1) acre fenced area at Manatee Park for this purpose. Tile City would have to submit a revised site plan and this change could be approved i ly by the Florida Communities Trost. Also, sae attached Recreation Board Min� Exhibits Attached: Resohrtion No. 2002-10; Mayor's Request; Rea=tion Board Minutes C* Ofoe Departoent LEGISLATIVE MY �sdz�oo2-1o.a� RESOLUTION NO. 2002-10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; DESIGNATING A PUBLIC PARK AREA AS AN OFF -LEASH DOG PARK; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral code Section 1428 prohibits animals in public parks; and WHEREAS, the City of Cape Canaveral Code Section 14-28(a) provides that public park areas for animals shall be designated by resolution adopted by the City Council; and WHEREAS, there are no public park areas designated for animals within the City; and WHEREAS, off -leash dog parks promote public safety by reducing the likelihood that dogs will be let loose in other public areas; and WHEREAS, off -leash dog parks help make dogs better members of their community by having socialization and exercise opportunities that may make dogs less aggressive; and WHEREAS, the designation of an off -leash dog park area will promote the interaction of neighbors to help build a sense of community. NOW, THEREFORE BE RESOLVED by the City Council of the City of Cape Canaveral, Florida as folk)ws: SECTION 1. The City Council hereby designates , as an off -leash dog park area. SECTION 2. The City Manager is authorized to expend the necessary funds for the development of the designated area and establish rules and regulations for its use. SECTION 3. This resolution shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Resolution 2002-10 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2002. ATTEST: Rocky Randels, MAYOR FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Mark McQuagge, CITY ATTORNEY GACkyCpdResoluWns►Dog Park.doc ' CITY OF CAPE CANAVERAL COUTCILMEMBER/CITY MANAGER REQUEST/COMPLAINT FORM REQUEST .. �1 DATE RECEIVED: RECEIVED FROM: ©CZ_ _ �L REQUEST/CWWWWRIF A ee ou \AIQ QV REFERRED TO: DATE: BY: City Mgr a s a a a a■■■■ a■ a■ a a a■ a a a■■■ a 1■■ a f■■■ ■n a m a n a 1 f e s s o ma n f a a a a m m o n s a a a f a a a i a a a w a s s a a a m o s DEPARTMENTAL ACTION TAKEN: �Ot� �t �T �/Lo.�'� `- v GI �� JCC ✓ < • y. i/ T� !: r ! � C�O:v tet:. � �- FA 0r4 t alpl- a ■ea2awa■■■a■•a•■■aaaas ■assaamm■■a■e a mom a��M�a�s�a■�■■■���■ ■as an saaafassaaal CITY MANAGER'S COMM NQQLrw RETURNED TO RE OR/COMPLAINANT ON: me BY: BehoetfIC. ucher ity Manage; ARTICLE I. IN GENERAL Sec. 14-1. Penalty. Any person convicted of a violation of this chapter shall be punished as provided in section 1-15. !Code 1981, § 701.07) Sec. 14-2. Designation of bird sanctuary. (a) The entire area embraced within the corpo- rate limits of the city is designated as a bird sanc- tuary. (b) It shall be unlawful to trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. (Code 1981, §§ 655.01, 655.02) Sec. 14-3. Bees and beehives prohibited. The raising of bees or maintenance of beehives within the city limits is prohibited. (Code 1981, § 701.06) Secs. 14-4-14-25. Reserved. ARTICLE iz COUNTY ANIMAL CONTROL ORDINANCE Sec. 14-26. Adopted. The county animal control ordinance, as amended, is adopted by reference as though it was copied in this article fully. (Code 1981, § 701.01) Sec. 1427. Animal control officer. Wherever the term "animal control officer" is used in the county animal control ordinance, it shall be construed to mean the person appointed by, contracted with or employed by the board of county commissioners or by the city to carry out the duties and enforcement of this article. (Code 1981, § 701.03) § 14.51 prohibited in parks and ses. '(a) No animal shall be allowed in any public park or on any beach in the city, unless a specific park or beach area is designated as an area where animals shall be permitted. Such desigpation shall be by resolution adopted by the city council. Parks and beach areas so designated shall be properly identified and posted. (b) Any animal found in a park or on a beach not designated for such shall be deemed in viola- tion of this article, and the owner thereof shall be punished by issuance of a citation by the animal control officer or a law enforcement officer with jurisdiction in the city. Such citation shall result in a fine of $35.00. Failure to pay the fine within ten days of issuance of the citation shall result in the citation being transferred to the state attor- ney's office and shall be considered for punish- ment as provided in section 1-15. (c1 Dogs trained to assist or aid disabled or hand- icapped persons, when such dogs are actually being used to assist or aid such persons, shall not be prohibited from any park or beach. (Code 1981, § 701.05) Secs. 14-29-14-50. Reserved. ARTICLE M. SEA TURTLES* Sec. 14-51. Purpose and scope. (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. *Cross references—Environment, ch. 34; parks and rec- reation areas, ch. 54; streets, sidewa&s and other public places, ch. 66; waterways, ch. 106. State law reference—Sea turtles, F.S. §§ 161.053.16L 142. 161.161, 161.163, 370-12, CD 14:3 Recreational Advisory Board Meeting City of Cape Canaveral, Florida January 28, 2002 Members Present: John Datllo, Bob Gorham, Harvey Renshaw, Marianne Kulac-Taiaoi, Billy Specht (alternate, but will be a voting member today) Members Absent: Bill Schmidt, Regina Mead, Connie Trautman Others Present: Nancy Hanson, Director of Paries and Recreation, Kristen Wenberg. Kim Hayes, Jim Hayes, Tamara Finch 178 Long Point Rd 205 Cherry Down Lane 104 Washington Cape Canaveral Cape Canaveral Cape Canaveral Chairman Harvey Renshaw called the meeting to order at 5:04_ Bob Gorham moved that the minutes of the December 3, 2001 meeting be approved as written, John Datillo seconded the motion, and upon vote, all members preset unanimously passed the motion. Board members had no questions on the FY20002 Recreation Department Budget to date. Nancy Hanson reviewed items from her last Quarterly Report. Under the FRDAP Grunt Update Nancy reported that Manatee Paris was open and there is a $1 50,000-00 grant for restrooms and a picnic pavilion. Eight sets of bleaches and scoreboards aro in place on the ball fields. Atter Board Member discussion on these subjects, the Chairman deternimed no recordble ideas, comments or motions were made_ Under Unfinished Business, Chairman Renshaw and the Board decided to table further discussion on the 1TTF property rented from Port Canaveral until sccessblity is determined. Also, under Unfinished Business the Board tabled a request for tree planting, shade deattgm and water provision around the City Tennis Court Complex until the requesting group's research on costs and specific needs was submitted Under New Business, Nancy Hanson announced that the Patriot's Day Parade would take place on March 9r. The Navy Band will not be able to perfotta Also. under New Business, Kitten Wenbe g, Kim Hayes, Tamara Finch and Jim Hayes provided the Board Members with valuable information on dog parks and made a request for the establishment of one. They wl! provide the Board Members with a list of specific needs and wants. Nancy Hanson will research kfivnuation on dog parks and report to the Board. There being no further discussion business before the Board, Bob Gorham moved that the meeting be adjourned. The motion was seconded by Billy Speck and passed by the Board members present. Chairman Renshaw adjourned the meeting at 6:17. Harvey Renshaw, Chairman Date Marianne Kulac-Taiani, Secretary Date Meeting Type: Regular Meeting Date: 03-05-02 AGENDA HCI"9 Discussion iftm 17 No Signs. It would be designed to meet the new 130 mph wind load requirement& AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: WELCOME TO THE CITY SIGN CONCEPT DEPTIDIVISION: BEAUTIFICATION BOARD/BUSINESS & CULTURAL DEVELOPMENT BOARD Requested Action: City Council review and comment on the design concept for the North SR AIA Welcome to the City of Cape Canaveral sign. Summary Explanation & Background: The Beautification and Business & Cultural Development Boards have worked on the attached concept and would hike to proceed with the formal design, upon City Council's approval. This sign would be exempt from Chapter 94, Signs. It would be designed to meet the new 130 mph wind load requirement& Please advise. Exhibits Attached: Sign Concept City M s O m Department BEAUTIFICATION AND BUSINESS ,�� & CULTURAL DEVELOPMENT BOARDS I j� \ �� '\ { ZVI I Molting Type: Regular Meeting Date: 03-05-02 AGENDA Hewn Discussion imm 18 No Esbibits Attacked: AGENDA REPORT CITY COUNCQ. OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: DEMONSTRATION OF COMMUNITY ANALYSIS SOFTWARE PROGRAM DEPTJDIVISION: P&Z/GROWTTI MANAGEMENT Requested Action: City Council convnern upon the demons=ion of the congrxmity analysis software program presented, by Todd Peetz of Plaming Partnerships, Inc. Su nary EWbnatWu & Background: The Plaming & Zoning Board reviewed the software program, and they cornnmented that it would be a useful tool for the City and for those individuals who need to work with our City codes and comprehensive plan. Esbibits Attacked: P&Z memo dated 01-22-02 City M ce Dgwrtm t P&7/GROWTH MGMT Memorandum To: Bennett Boucher, City Manager From: Todd Peetz, City Planner Date: January 22, 2002 Subj: Community Analysis As per our discussions, we are requesting to present to the City Council our Community Analysis product. Community Analysis is potentially the first interactive, interchangeable electronic document available for local government use. We believe the increased level of service provided by staff and availability of Community Analysis to the public makes this product your community's planning tool. With Internet access, Community Analysis essentially is a full time employee who responds to questions 24 hours, 7 seven days a week. Our presentation will cover the highlights of this product. We are requesting the City Council consider Community Analysis for purchase at a cost of $10,000. It should be noted that the creation and modeling of this product exceeded $35,000 in staff time. Below are services that we will provide as requested. Attached are just some of the benefits that may be realized by using Community Analysis. Stasi Reports We recommend that staff reports for appropriate public hearings be put on-line and linked to Community Analysis. The cost of linking staff reports to Community Analysis would be an hourly rate not to exceed $150 per meeting requested. Maintenance Maintaining Community Analysis as the City evolves is obviously important and necessary. Maintenance is the actual update to changed sections and then updating each product face. This will primarily be in the index and then determine where the word or term changes in the other linked documents. We also need to provide quality assurance and do a series of system checks. We can do code updates in two different manners, an hourly rate of $100 or set fee to be determined. The set free would be based on the size of electronic file to be amended. Warranty The warranty in general terms includes correction to any errors or omissions on our part. To provide technical assistance to staff as appropriate. To maintain a secure copy in the event the City's copy is damaged or destroyed. Community Analysis Community Analysis is the first interactive interchangeable electronic document available for local governments. Community Benefits: • User friendly documents • Easv access to documents • Quick, accurate and a 24 hour source of information • Multiple customer research tasks can be processed simultaneously • Provide access to staff reports for appropriate public hearings. • A community planning tool which can help educate the community on a variety of topics and issues. • No more he/she said comments, information is provided in a consistent format. Staff Benefits: • Greatly improve staff efficiency, accuracy, and service to the public. • Community- Analysis in essence is a "full time" employee who responds 24/7 consistently and immediately to questions and queries. • Less staff time devoted to "phone time" with Internet access to staff reports. • Staff should be able to more accurately and efficiently review documents and provide guidance to elected officials. • During public hearings staff can have this tool on laptop or computer station to answer all questions accurately without relying solely on memory or having to thumb through the code or comprehensive plan. • Site plan review checklist can be provided online to reduce annoying questions like "show me that in the code"? Consultants/ Developers Benefits: • Easy access to documents • Quick and accurate source of information • Allows consultants/ developers to quickly inquire about possible alternatives through their own research. • Have access to the site plan review requirements tied to applicable code requirements. Elected Officials Benefits: • User friendly and easy access to documents • A planning tool to enhance community awareness, knowledge and involvement. • When making a policy decision, (amending the code or comprehensive plan) impacts to other portions of the code and comprehensive plan can be more accurately determined. • Duration of public hearings, especially controversial hearings could be greatly reduced or the quality of comments enhanced by providing linked staff reports on-line. • Inconsistencies between the code and comprehensive plan can be more readily determined. • Staff mistakes caused by hidden or infrequently used policies should be greatly reduced. • Ability to provide code references during the public hearing on overhead screen for both the elected officials and the public. Long-term Benefits: • Increased community knowledge and awareness • Cost savings through improved staff efficiency, accuracy and service. • Additional revenue through the sale of Community Analysis copies. • Access to potentially an ever-expanding clearinghouse of planning research, information and documents. Bennett Boucher From: Bennett Boucher (toucher-cape@cfl.rr.com] Sent: Thursday, January 31, 2002 3:25 PM To: Buzz Petsos (E-mail); Jim Morgan (E-mail); Larry Weber (E-mail 2); Richard Treverton (E- mail); Rocky Randels (E-mail) Cc: Todd Peetz (E-mail); Andrea Bowers (E-mail); David Sargeant (E-mail); Edward Gardulski (E- mail); Kohn Bennett (E-mail); Morris Reid (E-mail); Nancy Hanson (E-mail); Sarah McKillop (E-mail); Susan Stills (E-mail); Walter Bandish (E-mail) Subject: Interactive Regulations of Cape Canaveral 1l 9-1®� I Vtera RegJawm U tft-*X Peem mem.doc ffcac- Hello Everyone, Todd Peetz has put together an interactive code index, that allows anyone to reference the city codes and comprehensive plan. This was the project that the city had applied for a planning assistance grant but did not get funded. Todd and his partner went ahead on their own and put this program together. Todd demonstrated the program to staff_ and he would like to make a demonstration cit: _cuncil at the next meeting. The B::ilding Official favors this program.., especially the interactive site plan check list. The attached Files are a description of the program and Todd's asking price. The link is to the city web page where you can review the features online. http:,'/;,w-N.-nyflorida.co-n/cape/CapeCanaveraiCode/index.html F=ease let me know if you would like Todd to demonstrate this program at the next meeting. Take care, Bennett Boucher City Manager City of Cape Canaveral, Fl. Phone 32=.868_1-23C Fax 32=.868.1224 e -:nail boucher-cape9cf l . rr . com 1 Bennett Boucher From: mail from palmnet [e-mail@keepbrevardbeautiful.com] Sent: Wednesday, February 13, 2002 1:17 PM To: Bennett Boucher Subject: Re: Interactive Regulations of Cape Canaveral Sennett it soundsminteresting. Please have .odd give a demonstration at the n Council_ meeting. Larry Weber ' i inal essa e From: "Bennett Boucher" <boucher-capeacfl.rr.com> To: "Buzz Petsos ;E-mail)" <petsosal3XCH-BSCO-03_ksc.nasa.gov>; "Jim Morgan ,E-mail)" <jmorgancapeIjuno.com>; "Varry Weber (E-mail 2)" <pellykbba'palmnet.net>; "Richard Treverton (E-mail;" <Rtrevertondjuno.ccm>; "Rocky Randels (E-mail)" <canaveralmayoraaol.ccc> Cc: "Todd Peetz (E-mail)" <planning4u23aol.com>; "Andrea Bowers (E-mail)" <bowers-capeacfl.rr.com>; "David Sargeant {E-mail)" <dsarge1025Taol.com>; "Edward Gardulski (E-mail)" <egardulski^abellsouth.net>; "Kohn Bennett ;E-mail)" <kbenrettaamariandtheriac.com>; "Morris Reid (E-mail)" <reid-capeacfl.rr.com>; "Nancy Hanson (E-mail)" <parknrec9iu.net>; "Sarah McKillop (E-mail)"<sarah.mckillopasheriff.co.brevard.fl.us>; "Susan Stills Y -mail)" <stills-capea^cfl.rr.com>; "Walter Bandish (E-mail)" <wbandishabellsouth.net> Sent: Thursday, January 31, 20D2 3:25 PM Sub;ect: _nteractive Regu:aticns of Cape Canaveral > Aelic Everyone, > Todd Feetz has put together an interactive code index, that allows > anyone to reference the city codes and comprehensive plan. > This was the project that the city had applied for a planning assistance > grant > but did not get funded. Todd and his partner went ahead on their own and put > this > program together. > Todd demonstrated the program to staff and he would like to make a > demonstration > to city council at the next meeting. > The Building Official favors this program, especially the interactive site > plan check list. > The attached files are a description of the program and Todd's asking trice. > The link is to the city web page where you can review the features online. > http:!/www.myflorida.com/cape/CapeCanaveralCcde/index.html > Please let me know if you would like Todd to demonstrate this program at the > next meeting. > Take care, 1