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HomeMy WebLinkAboutPacket 06-03-2008 Regular (2)City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 3, 2008 7:00 PM AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE: PRESENTATION: Legislative Update - State Representative Tony Sasso. ROLL CALL: REPORTS: City Manager City Council Staff AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA 1. City Council Regular Meeting Minutes of May 20, 2008. 2. Resolution No. 2008 -13; Appointing an Alternate Member to the Business and Cultural Development Board. (J. Craig) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1220 • SUNCOM: 982 -1220 • FAX: (321) 868 -1248 www.myflorida.com /cape • e -mail: ccapecanaveral@cfl.rr.com of Cape Canaveral, Florida ty Council Regular Meeting Agenda June 3, 2008 Page 2 of 2 RESOLUTION: 3. Motion to Approve: Preliminary Replat for Sea Shell Cay North; J. Johanson, Applicant. CONSIDERATION 4. Minuteman Causeway Shuttle Bus Proposal DISCUSSION: 5. Proposed Amendments to Irrigation Rules by the St. Johns River Water Management District. 6. Request to Increase the Commercial District Building Height. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868 -1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 20, 2008 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Recreation Director Robert Lefever BOARD MEMBER INTERVIEW Business and Cultural Development Board Applicant — John Craia Attorney Garganese asked Mr. Craig if all of the information on his application were answered true and correct to the best of his ability. Mr. Craig affirmed. Mr. Craig informed that he assists his wife in operating a technology -based business in Cape Canaveral. Mr. Craig stated that he was a Captain in the U.S. Navy Reserve and hoped to contribute something back to the local community. Mr. Craig explained that his business was a government contracting employer. NASA, the U.S. Army, Air Force, Navy, are their major contracts, as well as the Department of Homeland Security and the Florida and Pennsylvania National Guard are some of their clients. Mr. Craig stated that the company focuses on network engineering, IT services, concentrating predominately in modeling and simulation in support of the Department of Defense. Mayor Randels added that the company was nominated by IT Florida as a high growth company of the year in 1999. Mr. Nicholas noted that Mr. Craig did not live in the city, but on Merritt City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 2 of 12 Island. Mr. Craig replied that he has lived in Brevard County for four years and they were prior residents of Virginia Beach. Mr. Craig informed that the company has a small administrative office in Canton, Illinois. Ms. Roberts asked him why he chose to bring his business to Cape Canaveral. Mr. Craig replied that he chose to establish a business in Cape Canaveral due to its name recognition. Cape Canaveral is strategically located near the Space Coast and Orlando area defense facilities. Ms. Roberts asked Mr. Craig what he hoped to accomplish through his participation on the Board. Mr. Craig replied that he hoped to promote business growth in Cape Canaveral using his Board membership toward that purpose. Mr. Petsos commented favorably on Mr. Craig's intent to promote business growth in the City. He asked Mr. Craig if he would be able to attend the Board meetings in light of his schedule. Mr. Craig affirmed that he would be able to attend; however, he did have commitments to the Navy. Mayor Pro Tem Hoog welcomed Mr. Craig and expressed appreciation for his plans to promote continued business growth. Mayor Randels stated that a Resolution to appoint Mr. Craig to the Business and Cultural Development Board would be on the next City Council Meeting agenda. REPORTS: City Manager • Mr. Boucher thanked Ms. Stills for assisting during his absence the previous week. • Mr. Boucher reported on the Library Board meeting. The Board agreed on the Concept A floor plan which used flexible furniture. He would obtain something in writing from the Board related to their agreement. Ms. Roberts pointed out that Ms. Stills asked the Board to document their questions related to the Meeting Room concept and those would be included in the Library Board's Meeting Minutes. Mr. Boucher would obtain a copy of those Minutes. • Mr. Boucher reported that the School Board would not share on the School Resource Officer cost at Cape View Elementary School in the coming year. A brief discussion followed on: 1) the possibility of any recourse related to the discussion that took place at the Brevard Summit, and 2) the necessity of this service. Ms. Roberts recommended a letter to the School Board and a meeting with the City Manager and she also recommended that Mr. Petsos accompany Mr. Boucher to the meeting. Mr. Petsos affirmed that he was willing to attend. • Mr. Boucher reported on the return of the Motorcycle Officer. The department had a trained officer available. • Mr. Boucher announced that Mr. Phil Laurien, Executive Director, of the East Coast Regional Planning Council, would speak to the Planning and Zoning Board related to mixed use and My Region.org planning principles at their upcoming meeting. • Mr. Boucher reported that the Reclaimed Water Plant was only producing 800,000 gallons per day due to the loss of seasonal residents. He stated that the City would assume a shortened three hour per day watering schedule. • Mr. Boucher reported that the Securities and Exchange Commission was now investigating the State Board Administration and their investment policies. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 3 of 12 Mr. Boucher requested to schedule a date for the Visioning Session. He informed that Department Budgets were due the end of May. Ms. Roberts suggested Thursday, June 5 th or Friday, June 6 Mr. Boucher explained his plan for each Department Head to present their plans to the Council members for a participatory session. Mr. Nicholas suggested half -day sessions to which there was consensus. Mr. Petsos stated that he preferred afternoon sessions. Ms. Roberts asked the City Manager for a set of questions to incite discussion as was done by Lead Brevard. Mr. Boucher explained how the Department Heads would outline their specific circumstances related to City operations. Ms. Roberts requested to address, at some time, the major City projects of which the residents desired closure. Mr. Boucher reported that the Vice Mayor of Cape Canaveral's Sister City Vila do Bispo, Portugal contacted him with an invitation to attend the Sagres and Wonders community celebration in June. Mr. Boucher stated that he could pay for his own airfare; however, he requested funds in order to obtain gifts for exchange. Mr. Petsos suggested using funds from the Business and Cultural Development Board account. City Council authorized Mr. Boucher's departure and expenses of $500 for good -will tokens for our Sister City of Vila do Bispo. STAFF Public Works Director • Mr. Bandish reported on the completion of the Slip Lining project. Mr. Nicholas inquired about the number of linear feet and the size of the pipes. Mr. Bandish replied there were some 12 -inch, and 8- and 10 -inch pipes. Mr. Bandish affirmed that the project was televised. Mayor Randels asked for an approximation of the project completion. Mr. Bandish replied that the project was just over half complete. • Mr. Bandish reported on the successful operation of the stand -by generator at Lift Station No. 1 on Washington Avenue. • Mr. Bandish reported on an upcoming meeting with Brevard County Engineering related to the City's reclaimed water line and the City of Cocoa's water line on North Atlantic Avenue and the necessity of lowering the lines during street renovation. Ms. Roberts asked if the City could obtain more information in a more comprehensive manner. She suggested speaking with County Commissioner Chuck Nelson if satisfactory information were not provided at this meeting. Ms. Roberts concluded that the City was waiting for completion of this project prior to the N. Atlantic Avenue road acquisition. • Mr. Bandish reported on the completion of the Public Works Maintenance Building. • Mr. Ratliff explained the letter that the City Council received from the Army Corps of Engineers related to the North Central Blvd. Baffle Box Project and their additional requirements for the project. Mr. Ratliff stated that he would attend a City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 4 of 12 meeting with their representative on Thursday, May 22 ; however, this should not delay the project. Building Official • Mr. Morley referred to the City Council previously approved Lien Reduction and Mitigation Plan for Norman Boucher. He reported that he met with the City Arborist who stated that planting in a drought condition was not viable at this time. Mr. Morley affirmed for Ms. Roberts that this was a full Mitigation Plan as well as a submitted payment of the $1,350.84. Mr. Nicholas recommended granting an extension of the 30 days or until a time identified as reasonable by the City Arborist. Attorney Garganese recommended a Motion on this action. Ms. Roberts sought clarification as to whether the City had consulted with the community members on Surf Drive related to tree planting saying that she thought her motion had requested for that action as well. Mr. Morley stated that the violator requested to have all trees planted on City property. A motion was made by Mr. Nicholas and seconded by Ms. Roberts for an Extension of Norman Boucher's Tree Mitigation Plan Until the City Arborist Establishes a Reasonable Time for Planting. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. Recreation Director • Mr. Lefever reported on 80 attendees to the recent Magic Show. City Treasurer No report. City Clerk • Ms. Stills reported that Council Members should have received a copy of the Florida League of Cities 2008 Annual Conference ad. Mayor Randels stated that the photos were of: the Center Street gazebo, the Butterfly Garden, the sand fences and the Cape View Elementary School students celebrating Arbor Day. Ms. Roberts commented on the Green city theme and how the ad represented some of the improvements in that regard. City Attorney Attorney Garganese stated that he and the City Manager were working to coordinate a Workshop for the City Council and City Boards related to Sunshine City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 5 of 12 Law and Public Meeting and Board procedures. He requested to hold this Workshop on June 17 at 5:30 P.M. prior to the Regular City Council Meeting. Mayor Randels suggested polling the Board members on the viability of the date for them. Ms. Roberts asked if the Workshop could address the Board's roles and responsibilities. • Attorney Garganese provided a brief update on the Tripple J case. He informed that the City had filed a Motion to Dismiss arguing that Count One, Writ of Mandamus was moot. Late on Friday, the Federal District Court directed Tripple J to file a brief to explain why they believe Count One was not moot. Attorney Garganese would await a ruling on that issue. CITY COUNCIL Council Member Roberts Ms. Roberts mentioned developing a way to celebrate the City's 45 Anniversary. Ms. Roberts also mentioned the Government Industries Briefing. She stated the need for metrics and process review in the County's business practices. Ms. Roberts suggested beginning the City Council meetings at 6 P.M. in order to accomplish the items which require substantial discussion on the Agenda. She asked Council members for their views. Mr. Petsos stated this would be difficult for the residents to attend who are arriving home from work at that time. Ms. Roberts mentioned how the late meetings were also difficult for staff and starting early was for their consideration. Ms. Roberts referred to the procedures related to the Development Review process in order to confirm if developers were required to meet with the full Council to discuss concepts. Mayor Pro Tem Hoog agreed; however, he stated that he had no problem meeting with them individually. This would provide the developer an opportunity to compile different ideas. Mr. Nicholas stated how meeting individually might lead to the perception of approval. Mr. Petsos stated that he had issues with any project that did not conform to Code. Discussion followed on whether a developer should meet with the full Council for their conceptual introduction of their project. In summary, Attorney Garganese advised the Council saying: 1) any City Council Member's individual meeting with a developer could impede that Member's ability to make a quasi-judicial decision, 2) such a meeting could impede Staffs ability to perform their job with the Development Review process, 3) the Council would be providing a strategic advantage based on their individual conversation with a developer, and 4) any conversation could find a Council Member facing legal issue with the developer related to impartiality or the lack of disclosure during an individual meeting. Attorney Garganese could speak more on this during the Sunshine Law and Public Meeting Procedures Workshop. Mr. Boucher clarified City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 6 of 12 that staff could advise the developer that they would be allowed to present their conceptual introduction to the Council after staff review. Ms. Roberts, again, recommended a Green Cities Ordinance. She stated that the use of green materials and green space was a necessity in light of builders who may propose "non- green" materials. Mayor Randels responded that the City could encourage, but not enforce, green building construction. Ms. Roberts asked if the staff planned to pursue a City Newsletter. Mayor Randels reminded on finding out the cost and Mr. Petsos reminded of the amount of staff time needed to prepare a publication. Mr. Boucher informed that staff was seeking an online newsletter instead of a mail out distribution. Ms. Roberts inquired about the progress of the Development and Planning Director position vacancy. Mr. Boucher replied that he received 14 applications and he would review them and schedule interviews within the following week. Council Member Nicholas • Mr. Nicholas requested the size of the McDonald's window display sign. Mr, Morley replied that his staff would provide that information. He requested to resume the Sign Code update. Attorney Garganese replied that he was incorporating all of comments from the Workshop meetings. • Mr. Nicholas also requested to return to the Sign Code Workshops. Attorney Garganese replied that he was compiling the data and comments from all of the previously held Workshops to create a Draft Sign Code document. Council Member Petsos • Mr. Petsos asked if there were a way to exempt off - premise signs as they relate to the anticipated bus shelters by reason of providing a public service. The City Attorney will provide further information. • Mr. Petsos reported that Canaveral Port Authority was exempted from District Regional Impact studies. This would allow for a substantial resort bordering the City without concurrency requirements. He would seek a response from State Representative Sasso. • Mr. Petsos reported on the study related to the traffic signal at Central Blvd. and State Road A1A. More information will follow. • Mr. Petsos mentioned the number of flyers related to Recreation activities available at Cape View Elementary School and commended Mr. Lefever for his promotional efforts. • Mr. Petsos informed that the School Advisory Council forwarded a letter to Dr. Richard DiPatri, School Board Superintendent, sponsoring Ms. Kelli Dufresne for the position of Principal of Cape View Elementary. The Staff and faculty did the same. Mr. Petsos provided a copy of the Letter of Support and requested that the Council also support Ms. Defresne. Mr. Petsos informed that she is a finalist for the position. The City Manager's Office would follow through on this request. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 7 of 12 Mayor Pro Tern Hoog Mayor Pro Tern Hoog reminded that he was still awaiting street lights on Tower Blvd. Mr. Bandish responded that he was still working with Florida Power and Light to resolve this issue. Mayor Randels • Mayor Randels announced that the Big Red Bus would be available in the City on Friday, May 30 • Mayor Randels announced Public Works Week from May 19 through May 23 He welcomed residents to tour the facility. • Mayor Randels reported from a utilization report that no reclaimed water was sent to the Banana River this month. • Mayor Randels acknowledged that Ms. Roberts attended the Economic Summit. He commented that her notes outlined some beneficial suggestions from Florida Power and Light. • Mayor Randels informed that he met again with the representative of the Air Show. He spoke with the Port Managers and October 24 and October 25 were the tentative dates. The City of Cocoa Beach has approved the event and five nautical miles of air space was reserved. Mayor Randels would return to the Council with additional information. Mayor Randels replied to Ms. Roberts that the five -mile flight zone was within City limits. AUDIENCE TO BE HEARD: There were no comments from the audience. PRESENTATION: Legislative Update — State Representative Tony Sasso. Mayor Randels announced that State Representative Sasso would not be able to attend this evening's meeting. Letter to Governor Charlie Crist — Supporting the Change of Location for the Clean Ocean Bill Signing. Mayor Randels read the City's draft letter to Governor Crist related to the Clean Ocean Bill signing. Mr. Petsos pointed out that State Representative Sasso had asked that the letter invite the Governor to sign the Bill in the area in which it originated. Mr. Petsos requested to have that language included in the proposed letter to the Governor. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Support the Letter and to include the Language to Change the Location of the Signing to the Cape City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 8 of 12 Canaveral/ Cocoa Beach area. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSENT AGENDA 1. City Council Regular Meeting Minutes of May 6, 2008. 2. Resolution No. 2008 -12; Reappointing Members to the Business and Cultural Development Board. (J. Muncey, J. Anderson and D. Marcum) Mayor Randels asked if any Council Member, Staff, or interested party desired to remove an Item from the Consent Agenda for discussion. Ms. Roberts requested to remove Item No. 1 for discussion. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 2. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 1. City Council Regular Meeting Minutes of May 6, 2008. Ms. Roberts questioned for purposes of accuracy, Mayor Pro Tem Hoog's statement on Page 3. Mayor Pro Tem Hoog restated his intent. Mayor Randels recommended saying, "Mayor Pro Tem Hoog explained how the City Council has submitted issues to the Planning and Zoning Board for review; however, after much discussion and inability to reach consensus on the issue, the issue was returned to the City Council for resolution." The sentence in the May 6 th Minutes would be amended with this language. • Ms. Roberts asked for clarification of what Mr. Boucher meant by "plans were at 100 percent for North Atlantic and Central Blvd." Mr. Boucher affirmed the sentence was correct and explained that the County Engineers transmitted a set of plans stamped 100 percent. Mr. Boucher stated that the overall design was completed. Ms. Roberts requested to have the word " design " inserted on Page 5 in front of the word plans. • Ms. Roberts referred to Mr. Nicholas' statement related to "the City placing a permanent fixed flashing sign on City property in order for the City to maintain compliance with its own code." Mr. Nicholas affirmed that the statement was correct as written. Mr. Nicholas stated for clarity that he was referring to the Code meaning on the City right -of -way and off - premise signs. • Ms. Roberts referred to the bottom of Page 12 related to the Remediation Plan and the City Manager receiving the $1,350.84 prior to him signing the Release of Lien. Discussion substantiated that the Motion was correct as written. Attorney Garganese stated that there were two conditions: 1) the Remediation Plan, City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 9 of 12 and 2) the City Manager receiving the $1,350.84 before signing for the Release of Lien. Ms. Roberts requested to have the language, " and received the $ 1,350.84," stated in the content of City Attorney's guiding statement which led to the motion. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 1 as Amended. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATION 3. Motion to Approve: Award of Bid #08 -01, Mowing/ Maintenance of City Landscaped Areas, Rights -of -Way, Wastewater Treatment Plant, Lift Stations and Central Ditch. Mr. Ratliff reported that he worked with Kay McKee, Streets/ Maintenance Supervisor, and Ed Lawson, Administrative Assistant, in this Bid Process. He announced the Bid award selection to Professional Diversified Services, Inc. [PDSI]. Mr. Ratliff stated that there was no problem with the current contract with Nick's Lawn and Landscaping Services, Inc.; however, there was a sizeable difference in the submitted Bid amounts. Mayor Randels explained that the City was at liberty to bid out the existing contract due to the expiring term of the existing five -year contract with Nick's Landscaping. Mr. Ratliff replied to Mr. Nicholas that the proposed contract could be terminated with a 30 -day notice. Mr. Ratliff replied to Mr. Petsos that PDSI did not have a reel -mower at this time; however, by the time of the Contract, they would secure one. Mr. Ratliff acknowledged that Mr. Daryll Mack of PDSI was available for questions and Mr. Nick Stipanovich of Nick's Landscaping was also in the audience. Mr. Nick Stipanovich stated that: 1) when the Bid was sent out, it did not include the entire workload. He contacted Ms. McKee who instructed him to add that cost to his bid and she would notify the other submitting firms of the oversight and, 2) the Bid documents called for three similar projects. However, PDSI's only similar project was Patrick Air Force Base. They also perform janitorial services, but that was not a similar service. First, Mr. Ratliff affirmed that Mr. Stipanovich noticed the omitted work area and additional information was issued based on that activity; however, it had no impact on the result and the lowest bidder was still PDSI. Mr. Stipanovich stated that an addendum was issued; however, after Bid figures were disclosed. Second, Mr. Ratliff addressed the question of references and stated that PDSI was asked the same questions as the other submittals and subsequently provided additional references. Mr. Stipanovich stated that in his previous history with the Bid process, if the rules were not followed, the Bid process was discontinued. Mr. Ratliff responded that none of the bidders supplied everything that was asked for, including Nick's Landscaping. Therefore, all the bids could not be discarded. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 10 of 12 Attorney Garganese advised that the Council could reject all Bids under these circumstances if that were their desire. Alternatively, since the ranking was not affected after the addendum, he was not against awarding the bid to the lowest bidder. Mr. Stipanovich contended that the request for three similar projects was the predominate issue. Ms. Roberts asked the City Attorney if it were an acceptable business practice for the City to ask for additional references after the Bid process. Attorney Garganese concluded that there was no legal issue in seeking additional information. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Award of Bid #08 -01, Mowing/ Maintenance of City Landscaped Areas, Rights -of -Way, Wastewater Treatment Plant, Lift Stations and Central Ditch in the Bid Amount of $164,108. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 4. Motion to Approve: Award of Bid #08 -02, Fertilization, Insect, Disease and Weed Control of Turf Areas and Central Ditch. Mr. Ratliff reported that the City received two Bids and announced Black's Lawn Care and Pest Control, the existing contractor, was the low bidder. Mr. Ratliff replied to Mayor Randels that the Xeriscape Park was removed from both bids as it did not require fertilization which reduced the cost by approximately $300.00. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Award Bid #08 -02, Fertilization, Insect, Disease and Weed Control of Turf Areas and the Central Ditch. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 5. Motion to Approve: Request for State and Federal Transportation Project Funding. Mr. Boucher stated that the last year's project funding was predominately for State Road A1A. Many of the projects were taken from the 1999 State Road A1A Arterial Study and the City had placed items on the Funding list in successive years. Ms. Roberts mentioned to include the narrative justification in order to provide a better understanding of the requested item. Mr. Petsos agreed to submit the supporting documentation to which Mr. Boucher affirmed that he would provide the narrative documentation. Ms. Joanne Muncey, as a grant reviewer, emphasized the importance of narrative documentation when making a grant related request. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Request for State and Federal Transportation Project Funding. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 11 of 12 6. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending 03/31/2008. Ms. Bowers stated that this was a mid -year transfer and Council would notice a significant reduction in Sewer Fund and General Fund due to the construction slow -down. Ms. Bowers explained that there were no incoming Impact Fees toward the Sewer Fund. Ms. Bowers reported on decreased State share revenue due to a lack of consumer activity. Mayor Randels inquired why the web site hosting fee was placed in the Legislative account. Ms. Bowers responded that the web site was an overall City function and should therefore be paid from the Legislative Account. Mr. Bandish replied to Ms. Roberts' question about the Beach Cleaning Machine that it was currently in the City of Cocoa Beach and would arrive once it had the proper tires. In closing discussion, Ms. Roberts acknowledged Mr. David Shirtzinger for his assistance in constructing the Sand Fences. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve the Quarterly Budget Report and Transfers from the Period Ending 03/31/2008. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 7. Motion to Approve: Proposal from Brown & Caldwell to Conduct the Florida Department of Environmental Protection Compliance Assistance in the Amount of $13,854.14. Mr. Bandish explained how the requested Compliance Assistance was required as part of an Executive Order from the Florida Department of Environmental Protection and related to mercury and silver testing. Mr. Petsos asked if this cost was included in the list of unfunded mandates sent to Senator Mike Haridopolous at his request. In closing discussion, Mayor Pro Tern Hoog also requested to include the engineering costs, the City's chemical costs and staff time and other related costs in the response to Senator Haridopolous' request for an unfunded mandates list. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Proposal from Brown & Caldwell to Conduct the Florida Department of Environmental Protection Compliance Assistance in the Amount of $13,854.14. The vote on the motion carried 5 -0 with voting as: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. RESOLUTION: 8. Motion to Adopt: Resolution No. 2008 -10; Supporting the Proposed Florida Senate Action to the United States House of Representatives Confirming and Accepting the Decision of the U.S. Air Force to Award the Tanker Contract to Northrop Grumman Corp. and EADS N. America. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 20, 2008 Page 12 of 12 Mayor Randels explained how the Space Coast League of Cities acted on this request for a Resolution of support on Monday, May 12 Ms. Roberts personally expressed it as inappropriate for the City to show support for the Resolution. From a personal and professional opinion, Ms. Roberts explained that: 1) that particular contract was questionably handled at the Federal level, and 2) while the contract involves 1,500 jobs coming to Brevard County, it involves 44,000 jobs that would head to Europe with EADS N. America. She expressed her personal concern of the League of Cities' support and she encouraged the Council to not offer support. Ms. Roberts stated that Boeing Corporation, who was a competitor firm, was a local company. She stated that a elected official from Northrup Gruman brought the Resolution to the League for support. She found that action inappropriate due to the elected official's potential vested interest. Ms. Roberts stated that she made every attempt to express her concerns to the full League prior to the vote. Mr. Petsos affirmed that the motion carried on the Resolution with minimal discussion. Mayor Pro Tern Hoog stated his concern over the possibility of an elected official drafting a Resolution who may have a financial interest in the outcome. The Resolution Died for Lack of Support.. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:45 P.M. Rocky Randels, MAYOR Susan Stills, CIVIC, CITY CLERK Meeting Type: Regular Meeting Date: 06 -03 -08 AGENDA Heading Consent Item 2 No. Resolution No. 2008 -13 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008 -13, APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT /DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008 -13, appointing John Craig as an alternate member of the Business & Cultural Development Board. Summary Explanation & Background: Term will expire 06 -01 -2010. Exhibits Attached: Resolution No. 2008 -13 City Manager= s)Office Department LEGISLATIVE 7 \kim \m ents \admin \counci meeting \2008 \06 -03 -08 \2008- 13.doc RESOLUTION NO. 2008 -13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has established by Code Section 22 -27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. John Craig is hereby appointed as an Alternate member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2010. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of June 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\ Resolutions \BOARDS\Appointm ents \2008 \BCDB_Alternate_Craig.doc 02/29/2008 13:55 FAX 13217847440 CRAIG TECHNOLOGIES CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2 -171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following In the space provided: 1. Applicant Name: t o u mil^ A i rs r.�- 2. Home Address: 2-p State, Zip: Mcgki IS L - 044 F L 3252 3. Home Telephone: 4. Occupation: U)WJC'R /Ifs C4r pkEs- iA pn77 5. Business Telephone: -7 /- o q (- 6. Business Address: /07 8VC.N AAJAA) AVt . LAPE (�AwA -AAL_ F 3292) B. ELIGIBILITY The Information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contenders (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape CanAveral advisory board or committee? (Y) )< (N) (Y) (N) X (Y) (N) _X (Y) (N) (Y)_._..__ (N)X 4b. If yes to 4a, please list each:. 02/29/2008 13:55 FAX 132178470.0 CRAIG TECHNOLOGIES 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily Itlals consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) k (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N)-Y— 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS /EXPERIENCE 1a 003 1. Briefly state your interest in serving on a City advisory board or committee: C Z 4&eE Q ,cf-E .I RE I/2gdt3'.L3G.r A" !UEuJ C ,b Pn JJ1 E[ . 2. Briefly state any prior experiences In serving on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: b 1-95E: xj.5 r, AEI I ,'y u ►J71uc.:. c)!� /o, tick d RCS .P yr IVB1M t— f' , C gEk . 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* c. I Business and Cultural Development Board d. Code Enforcement Board* s. _ Community Appearance Board' f. Construction Board of Adjustment and Appeals' g. Library Board h. Planning and Zoning Board' L Recreation Board j. Other: 'Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the Initial appointment while still a member of said board. 2 02/29/2008 13:55 FAX 132178479..10 CRAIG TECHNOLOGIES 004 D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian- American Female Hispanic- American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311 -.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • 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. • Your application will remain effective for one year from the date of completion, • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868 -1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 02/29/2008 13:55 FAX 132178470..3 -0 CRAIG TECHNOLOGIES _ a 005 For Off Date Appointed: Appointed by:__._ Board Appointed to: Term Expires: 02/29/2008 13:55 FAX 132178470-10 CRAIG TECHNOLOGIES CRAIG TECHNOLOGIES 107 Buchanan Avenue Cape Canaveral, FL 32920 321.784.0465 office 321.784.7030 fax www.craiatechinc.com Family... Integrity... Loyalty... Passion FAX To: City of Cape Canaveral, Attn.: City Clerk Fax: 321 - 868.1248 Pales: 5 (including cov Phone: Date: February 29, 2008 . — �_.... Re: Business & Cultural Development Board Application Reference from: Dianne cc: Marcum From: John Craia a 001 Meeting Type: Regular Meeting Date: 06 -03 -08 AGENDA Heading Resolution Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008 -14, APPROVING THE PRELIMINARY REPLAT OF SEA SHELL CAY NORTH DEPT /DIVISION: COMMUNITY DEVELOPMENT Requested Action: City Council consider the approval of Resolution No. 2008 -14, for the preliminary replat of Sea Shell Cay North as recommended by the Planning & Zoning Board. Summary Explanation & Background: This request is for the preliminary replat of Lot 3, Plat Book 48, Page 31 of Section 14, Township 24, South Range 37 East, Cape Canaveral. I recommend approval. Exhibits Attached: 1) Planning & Zoning Board's recommendation memo dated 5/15/2008 with the condition the replat show the areas of each lot; 2) application by applicant; 3) city planner report; 4) staff comments; 5) residential special exception approval by the Board of Adjustment; preliminary replat drawing - hand -out City Manag�Office Department COMMUNITY DEVELOPMENT cape -nt m doc s \admin \counc \meeting \2008 \06 -03 -08 \2008- 14.doc RESOLUTION NO. 2008-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "SEA SHELL CAY NORTH "; AUTHORIZING THE MAYOR TO EXECUTE THE PRELIMINARY REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John Johanson, Applicant, complied with the re- platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1 . The Preliminary Replat of Sea Shell North, Range 37 Township 24, Section 14, Lot 3 is hereby approved. SECTION 2 . The Mayor is hereby authorized to execute said Preliminary Replat. SECTION 3 . This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of June, 2008. Rocky Randels, Mayor ATTEST: Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K: \CityClk\ Resolutions \PLATS\PRELIMINARY\Sea Shell Cay North_ 2008- 14.doc - A Or Date: To: From Re: May 15, 2008 City of Cape Canaveral Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Sea Shell Cay North Preliminary Replat At the Planning & Zoning Board meeting, held on May 14, 2008, by majority vote, the Board recommended approval of the above referenced preliminary replat to the City Council with inclusion that the replat show the areas of each lot. Please schedule this site plan for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1222 • SUNCOM: 982 -1222 • FAX: (321) 868 -1247 www.myflorida.com /cape • email: ccapecanaveral@cfl.rr.com APPLICATION FOR PLAT REVIEW DATE OF SUBLNIITTAL: 7 T c c, L� 5 (NOTE: SUBNIITTAL MUST BE SUBMITTED A NfLNTYIUM OF 30 DAYS PRIOR TO THE PLANND�G & ZONING MEETING; PLAT MUST NIEET THE REQUIREMENTS OF SECTION 98 -41 THROUGH 98 -62). IS THIS A PRELLtiIIi ARY PLAT, RE -PLAT, OR FINAL PLAT? AMOUNT OF FILrNG FEE PAID: AMOUNT OF ENGLNEERING DEPOSIT PAID: S DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NATME, IF APPLICABLE? (MOTE: THIS NEEDS TO BE DOtiTE PRIOR TO SUBMITTAL). -YES NO * N.A. PROJECT NANIE: -6 et-l- 5ke ' G ,, 0 `4" ,V i l PROJECT ADDRESS: % C`% `t 5 LEGAL DES CRIPTION• I o " , Ldt -5 F P �� �-f � O W NAtiIE: _ l y-.` D p l OWNTR(S) ADDRESS: P, 0 '- l3 ?e 3o I 6 PROJECT ARCHITECT /ENGLti C It' -� ( C7- - PHONE NO. OF ARCHITECT/E_NGL'NTEER: � _3 3 G a APPLICANTS) SIGNATURE:' ( ( O w� PHONY - E NUiYlBER OF ow 7 0 3 ` 6 p H -6411- be,- City of Cape Canaveral Preliminary Replat Sea Shell Cay North Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: Triple J Investments, LLC Range: 37 Township: 24 Section: 14 Lot 3 C -1 Commercial: 0.41 +/- Acres 6 residential maximum whole site Commercial C -1 N/A 3 7.31 DU /AC Commercial C -1 Commercial C -1 Description: The applicant proposes to build three (3) townhome units on a 0.41 acre lot. The subject site is located on the northwest section of the Harbor Heights Drive. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty -four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning R2 Residential C -1 Commercial R -1 Residential C-1 Commercial Comp Plan R2 Residential C-1 Commercial R -1 Residential C -1 Conuuercial Existing Conditions Villages of Seaport Condos Single Family Residential Single Family Residential Vacant Commercial Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty -four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North Atlantic is operating at Level of Service "D" with 261 available peak hour trips from George King to Central Blvd. North Atlantic from Central Blvd to AlA has a level of Service is "D" with 277 excess trips. If developed as proposed, the site could generate 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. The amount the project as proposed could generate 600 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 600 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development could generate 7 to 8 new persons. May 7, 2008. Mr. Todd Peetz Miller -Legg & 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review— Sea Shell Cay. North - Review #2 SSA Job No. 05 -0025, Task 018 -1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. In addition the Title Opinion will have to be attached to any further reviews. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Si er I , r David Roy J nes, PL Chief Surve or DRJ:jIs Cc: Susan Ll,' Chapman City Engineer's Review Fee For Review #2 — N/C NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER S'I'AGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 501 P.s -.t Oak St: C Y'� .y lee, T Ir da 34744 4 u 0 - 0041 Fax 407 - 9 .1,0685 Lc.,�AAC(t00329 �E80000762 # LB0006700 LrWan sadorivakcivMp n ecLSlcapel2008 &sea shell cay north preGninary plat review 2.doc MEMORANDUM TO: Todd Morley, Building Official FROM: Todd Peetz City Planner DATE: May 7, 2008 RE: Preliminary Replat for Sea Shell Cay North I have reviewed the submittal of the Preliminary Replat for the Sea Shell Cay (North). There are no comments at this time. If you have any questions, please feel free to contact me at 407 - 629 -8880. Page 1 of 1 Todd Peetz From: John Cunningham [Cunningham @ccvfd.org] Sent: Thursday, May 01, 2008 2:36 PM To: Todd Peetz Subject: Re:Sea Shell Key N. Todd, I have no comments at this time. Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 5/7/2008 MEMORANDUM TO: Todd Peetz City Planner FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868 -1240 DATE: 04/30/08 RE: Sea Shell Key North Re -plat Public Works has reviewed the re -plat submittal for the referenced vacant property and has no comments. City of Cape Canaveral March 25, 2008 f, L C 01 p y LLC P O Box 301 Cape Canaveral, FL 32920 -0301 RE: Special Exception Request No. 05 -15 to Construct Townhouses in the C -1 Zoning District (Harbor Heights West Subdivision) — Lot 3, Section 14, Township 24 South, Range 37 East — John Johanson, for Tripple J Investments, LLC, Petitioner. Dear Property Owner /Petitioner(s): Upon remand from the Brevard County Circuit Court, on March 24, 2008, the Board of Adjustment of the City of Cape Canaveral considered the Court's written decision and heard and considered additional evidence and testimony pertaining to Special Exception Request Number 05 -15, made pursuant to section 110 - 334(c) (10) of the Cape Canaveral Code of Ordinances ( "City Code ") to construct three (3) townhouses on the subject property, zoned C -1 Low Density Commercial. Based on the Court's decision and the additional testimony and evidence presented, the Board of Adjustment hereby grants your request with the following conditions and safeguards: • Petitioner shall construct no more than three (3) residential townhouses. • Pursuant to Section 110 -334 (c) (10), City Code, the requirements of the R -2 Medium Density Residential District shall apply to the residential construction on the subject property. Please be advised that pursuant to section 110 -32 of the City Code, any special exception granted under Chapter 110 of the City Code shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the special exception is issued by the City within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an additional 12 -month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12 -month period. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1222 • SUNCOM: 982 -1222 • FAX: (321) 868 -1247 www.myflorida.com /cape • email: ccapecanaveral@cfl. rr. coin Board of Adjustment Board Order Special Exception 05 -15 March 25, 2008 Page 2 In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the special exception shall be deemed expired and null and void. Additionally, a special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. "Abandoned" shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with the City Code. Once a special exception has lapsed due to abandonment, the applicant must resubmit its special exception request pursuant to Chapter 110 of the City Code. Should there be a violation of any part of this approval; the special exception is subject to suspension or revocation according to the City Code. Sincerely, Earl McMillin Chairperson Board of Adjustment lslc c: Anthony Garganese, Esq. Sheldon D. Stevens, Esq. Page 1 of 1 i p rd1 C - f *F SjL V [ D B EACH PARK L 1 136 \1 134 133 132 131 130 129 CORA 2� f` 7a 71 72 73 74 75 76 A.03 A.05 06' 'DAB+ L _ 69 68 67 66 65 64 63 62 A.25 A.17 A. 09 B 1 2 -- - - -- ti 1 5 256 3 4 5 6 7 t76 5 4 +3 2 1 LA ELIZA .f. i 5Z4 8 5an.A 40 2 3 d 5 6. 748 7 1 :64] I ` F6i:l d Page 1 of 1 yard Cpu Meeting Type: Regular Meeting Date: 06 -03 -08 AGENDA Heading Consideration Item 4 No. costs. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: MINUTEMAN CAUSEWAY SHUTTLE BUS PROPOSAL DEPT /DIVISION: LEGISLATIVE Requested Action: Mayor Rocky Randels is seeking support from City Council to partner with the City of Cocoa Beach and Space Coast Area Transit to provide a new Minuteman Causeway Shuttle Bus Route to the existing service that is being provided. Summary Explanation & Background: See attached February 27, 2008 memo from the Space Coast Area Transit outlining the new route and related costs. Exhibits Attached: SCAT's memo of 02/27/08 City Ma >�ffic Department LEGISLATIVE - im \my nts \admin \council \meeting \2008 \06- 03- 08 \SCATS.doc sPacECOas7 - AREA TRANSIT. Space Coast Area Transit 401 South Varr Avenue Cocoa, FL 32922 Phone: (321) 635 -7815 Bus Info: (321) 633 -1878 Fax: (321) 633 -1905 Space Coast Commuter Assistance 460 S. Harbor City Blvd. Melbourne, FL 32901 Phone: (321) 952 -4563 Fax (321) 952 -4546 r a% A c * COMMUTER .t�wwaa� Volunteers In Motion 401 S. Varr Avenue Cocoa, R 32922 Phone: (321) 635 -7999 Fax: (321) 633 -1905 RideSCAT.com MO VINE BREVARD INTO THE FUTURE February 27, 2008 Charles Billias, City Manager City of Cocoa Beach P.O. Box 322430 Cocoa Beach, FL 32932 -2430 Dear Mr. Billias: Attached is our proposal overview for a bus route operating on the Minuteman Causeway. We are recommending that a Service Development Grant application be submitted to the Florida Department of Transportation for a route that operates eight hours per day, Monday through Friday. We estimated that the operating costs for the route would be approximately $85,000 per year. Based on the Service Development Grant requirements, a local match of $42,500 would be required. We are available to discuss the route details and are able to submit a grant application to the Florida Department of Transportation whenever you deem appropriate. If you have any questions, please call me at 321 - 635 -7815, extension 601. Sincerely, MINUTEMAN CAUSEWAY SHUTTLE BUS PROPOSAL Listed below is a brief cost and routing proposal for bus service in the Minuteman Causeway and the downtown Cocoa Beach area. Bus Route Information: The bus would operate from Cocoa Beach City Hall then west on Minuteman Causeway to the Cocoa Beach Country Club, then head east on the Minuteman Causeway to Brevard Ave, north to the Cocoa Beach Library on Brevard Ave., south on Al A, stopping at Cocoa Beach City Hall and on to 5 Street South before turning north on Brevard Ave. The route would operate on 30 minute headways; this means that the bus will complete the route every 30 minutes. The proposed route will allow for easy transfers at the Library and City Hall. Time Schedule for the Route: Timepoint Number Location Time 1 Cocoa Beach City Hall :00 2 Brevard Ave. & Minuteman Causeway :04 3 Cocoa Beach Country Club Freedom 7 Senior Center :12 4 Cocoa Beach Public Libra :22 1 Cocoa Beach City Hall :25 Minuteman Causeway Bus Service Proposal M fJ Route Map: _ Bus: VVW /P - City ran Space Coast Area Transit is recommending the bus to be used is a widebody, "body on chassis" type of vehicle. The vehicle will hold 12 to 16 passengers with room for 1 or 2 wheelchairs. The bus would look similar to the picture below: Minuteman Causeway Bus Service Proposal 2 SP.0 C ®�S Capital Costs: Space Coast Area Transit would be able to purchase the vehicle with its existing Federal Capital Grant Funds and would purchase the vehicle through the Florida Vehicle Procurement Program. An estimated cost for the vehicle is about $90,000 to $95,000. The route would have to be posted with bus stop signs. Once again, the costs would be covered under Space Coast Area Transit's existing Federal Capital Grant Funds. The total cost is unknown, but each bus stop costs $100 to $150 depending on signage and schedule posting. Depending on the final location of the bus stop at the Cocoa Beach Country Club, a bus stop pad and stop would have to be installed. The costs would be covered under Space Coast Area Transit's existing Federal Capital Funds. The cost is unknown. Maintenance expense for a similar type of vehicle is $505.00 per month and $0.2055 per mile. These costs would be covered under Space Coast Area Transit's existing Federal Capital Funds and would run about $12,000 per year. Operating Costs: A full time Vehicle Operator position costs about $40,750 per year. This cost covers salary and benefits. One vehicle operator would allow for six hours of revenue service per weekday. The remainder of the vehicle operator's shift would be taken up with deadheading the vehicle to and from the Space Coast Area Transit garage and Federally mandated pre and post trip requirements. Operating the route eight hours per days, would cost about $50,650 per year. Currently, Space Coast Area Transit is paying about $3.10 per gallon for diesel fuel. Based on similar vehicles, Space Coast Area Transit is estimating that fuel costs will run about $55 per day for a six hour route and about $70 per day for an eight hour route, $17,500 for a full year. Minuteman Causeway Bus Service Proposal Space c ARM IRaAWY Total Cost (all figures are estimates): Yearly One -Time Co st Capital Costs: Vehicle Purchase (one time cost) $90,000 Bus Stop Signage (estimate) $1,500 Accessible bus.stop at the unknown Country Club Preventative Maintenance $12,000 Operating Costs: Labor $50,650 Fuel $17,500 Overhead and Misc. (5% of $4,000 operating costs) Totals Costs $84,150 $91,500 Fare Revenue /Ridership: Space Coast Area Transit asked our consultants to list out potential ridership for the Minuteman Causeway. The Transit Development Plan estimated that 12 to 28 passenger trips per day could be expected. Space Coast Area Transit's average fare per passenger trip is $0.43. Please note this includes monthly bus passes and transfer in which no fare is collected per trip boarding. Therefore, it estimated that $5.16 to $12.04 would be collected daily, $1,290 to $3,100 yearly. The ridership model used in our Transit Development Plan was the first time that a transit ridership model was used to estimate ridership in Brevard County, therefore its accuracy is unknown at this time. Space Coast Area Transit is recommending that the ridership goal for the proposed route is 6 to 7 passenger per revenue vehicle hours. Therefore, the ridership goal would be 12,000 to 14,000 boardings in a year. Potential Funding: The capital costs for the Minuteman Causeway route would be covered under Space Coast Area Transit's Federal Capital Funds. Operating Costs could be covered under the Florida Department of Transportation's (FDOT) Transit Service Development Grant program. Minuteman Causeway Bus Service Proposal 4 space C This grant provides for 50% of the operating costs, minus fare revenue, for two to three years. However, local match would need to be identified. Based on the Amendment 1 vote of last month, Space Coast Area Transit would not have funding available for the foreseeable future. After discussion with FDOT staff, the Minuteman Causeway service would qualify for the Service Development program. A grant application would have to be submitted to FDOT of which this proposal would form the basis of the application. RECOMMENDATION: Space Coast Area Transit is recommending operating the route with 8 hours of service per day from 8:00 AM to 12:00 PM and from 1:00 PM to 5:00 PM on Monday through Friday. Space Coast Area Transit will be able to provide the capital funding. It is estimated that a new vehicle can be delivered within 180 -210 days after the manufacturer receives a purchase order. A Service Development Grant Application for a total of $150,000, with a local match of $75,000 over two years, is the recommended first step (please note that $12,000 of the yearly costs are covered through capital grants). Once a match is identified, Space Coast Area Transit can submit the application to the Florida Department of Transportation for their approval. The service can begin pending a successful Service Development Grant application with Florida Department of Transportation and determination of the local funding match. Minuteman Causeway Bus Service Proposal Meeting Type: Regular Meeting Date: 06 -03 -08 AGENDA Heading Discussion Item 5 No. Also, see the attached staff memo on this issue. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROPOSED AMENDMENTS TO IRRIGATION RULES BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DEPT /DIVISION: LEGISLATIVE Requested Action: Mayor Rocky Randels would like to address and comment on the proposed amendments to irrigation rules by the St. Johns River Water Management District and is seeking feedback from City Council on what the City's position should be on this issue. Summary Explanation & Background: See attached May 16, 2008 St. Johns memo outlining the proposed rule changes. Also, see the attached staff memo on this issue. Please advise. Exhibits Attached: St. Johns memo dated 5/16/08; Public Works Director's comments dated 5/7/08 City Manager's Office Department LEGISLATIVE ca e-r im \mydoc ent cimin \council\Tf-ing \2008 \06- 03- 0 \sjrwmd.doc �,�� S t. . J o h ns �.. Water Management District Kirby B. Green III, Executive director s David W. Fisk, Assistant Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178 -1429 • (386) 329 -4500 On the Internet at www.sirwmd.com. MEMORANDUM DATE: May 16, 2008 TO: Interested Persons FROM: Harold A. Wilkening, III, P.E., Director, Department of Resource Management SUBJECT: Proposed amendments to irrigation rules The St. Johns River Water Management District has initiated a rulemaking process to amend the District's irrigation rules. The rules apply to all lawn and landscape irrigation, agriculture, nurseries, golf courses and recreational areas not regulated by standard general or individual consumptive use permits. The proposed additional water conservation provisions would: • Expand the limitations to include reclaimed water and storm water • Improve enforceability of lawn and landscape irrigation rule by specifying the irrigation days • Enhance water savings by reducing lawn and landscape irrigation in the cooler months to one day a week and limiting the amount of water that can be applied The South Florida and Southwest Florida water management districts are engaged in similar rulemaking processes. We have coordinated with the other districts on the proposed amendments to try to achieve consistency among the districts' irrigation rules. As with the District's current lawn and landscape irrigation rule provisions, the District will encourage local governments to enact and enforce landscape irrigation ordinances that implement the rule. The District encourages all local governments and interested persons to participate in the rulemaking process. The proposed amendments are a work in progress and your input can help shape the final product. Public workshops will be held to provide information about the proposed rule amendments and to obtain public comment on the proposed changes. You are encouraged to attend one of the following rule development workshops: • June 18, 2008, 1 p.m., Seminole County Commission Chambers, 1101 E. First St., Sanford, FL • June 19, 2008, 10 a.m., Indian River County Commission Chambers, 1801 27' St., Building A, Vero Beach, FL • July 1, 2008,10 a.m., Department of Environmental Protection, 7825 Baymeadows Way, rooms A and B, Jacksonville, FL • July 3, 2008, 10 a.m., Lake County Commission Chambers, 315 W. Main St., Tavares, FL Enclosed is a summary of the proposed amendments. More information is available on the District's Web site at www.sjrwmd, conr/irrigationnde. Comments regarding the proposed rule amendments should be submitted to Norma Messer, rules coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid St., Palatka, FL 32177 -2529, (3 86) 329 -4459, e -mail nmesser@sjrwmd.com. GOVERNING BOARD David G. Graham, c HAIRMAN Susan N. Hughes VICE CHAIRMAN Ann T. Moore, SECRETARY W. Leonard Wood, TREASURER JACKSONVILLE PONTE VEDRA BUNNELL FERNANDINA BEACH Douglas C. Boumique Michael Ertel Hersey "Herky" Huffman Arlen N. Jumper Hans G. Tanzler III VERO BEACH OVIEDO ENTERPRISE FORT McCOY JACKSONVILLE Proposed rule amendments for irrigation Lawn and landscape irrigation In 1991, the St. Johns River Water Management District adopted a rule limiting lawn and landscape irrigation to before 10 a.m. or after 4 p.m., with a few exceptions. In 2006, the District amended this rule to include limiting irrigation to no more than two days a week, with a few exceptions. In an effort to increase water conservation, the District is proposing additional water conservation provisions. Listed below are highlights of the proposed changes. During Daylight Savings Time From the second Sunday in March to the first Sunday in November: > Irrigation would be limited to no more than two days a week, before 10 a.m. or after 4 p.m (same as current rule). > Irrigation would be limited to no more than %z inch of water per zone per irrigation day. > Irrigation days would be specified by address. ♦ Even numbered addresses — Thursday and Sunday ♦ Odd numbered or no address — Wednesday and Saturday During Eastern Standard Time From the first Sunday in November to the second Sunday in March: > Irrigation would be limited to no more than one day a week, before 10 a.m. or after 4 p.m > Irrigation would be limited to no more than 3/4 inch of water per zone per irrigation day. > Irrigation days would be specified by address. If the address ends in: ♦ 0 or 1 — Monday ♦ 2 or 3 — Tuesday ♦ 4 or 5 — Wednesday ♦ 6 or 7 — Thursday ♦ 8, 9 or no address — Friday Other changes > The rule would be expanded to also apply to reclaimed water and storm water, two sources which are currently exempt. > Where reclaimed water is available, the use of private wells for landscape irrigation would not be authorized. > Reclaimed water providers would be able to apply for a permit to allow customers a specified additional irrigation day to address the provider's operational, disposal or storage concerns. > Irrigation, including micro - irrigation and use of a hand -held hose with an automatic shut- off nozzle, would be limited to only that needed to meet irrigation needs. > Operation of irrigation systems for maintenance and repair would be allowed at anytime of day on any day but no more than one time per week. Operation could not exceed 10 minutes per hour per zone. > Irrigation of new landscaping would be allowed on Monday through Friday at anytime of day for the initial 30 days following installation. Irrigation would be allowed on Monday, Wednesday and Friday for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. > Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides (when required by law, the manufacturer, or best management practices) would be allowed at anytime of day on any day within 24 hours of application. Watering in of chemicals would not exceed %a inch of water per application except as otherwise required by law, the manufacturer, or best management practices. Continued on back > A standard general permit would be required to irrigate three days a week when Daylight Savings Time is in effect and/or two days per week when Eastern Standard Time is in effect. > Local governments would be encouraged to enforce the rule by adopting landscape irrigation ordinances that implement the rule provisions. If the strict application of the specified day of week schedule results in undue hardship, local governments would be able to grant variances. However, no single zone would be allowed to be irrigated more than two days per week during the period of Daylight Savings Time and no more than one day a week during the period of Eastern Standard Time. Local governments would not be able to grant a variance from any other provision of the rule. > Local governments would need to amend existing landscape irrigation ordinances to be consistent with the rule. NOTE: Additional changes are proposed to the rule. Please review all proposed changes at www.sjrwmd.com /irrigationrule. Agricultural crops, nursery plants, golf courses and recreational areas The current rule for irrigation of agricultural crops, nursery plants, golf courses and recreational areas not regulated by a standard general or individual consumptive use permit limits irrigation to before 10 a.m. or after 4 p.m., with a few exceptions. Additional conservation provisions are proposed to this rule. Listed below are highlights of the proposed changes. Changes > The rule would be expanded to also apply to reclaimed water and storm water, two sources which are currently exempt. > Irrigation, including micro - irrigation, would be limited to only that needed to meet efficient irrigation needs. > Chemigation and fertigation would be allowed on any day but limited to one time per week, and not between 10 a.m. and 4 p.m. > Watering in of chemicals could not exceed V4 inch of water per application except as otherwise required by law, the manufacturer or best management practices. > Operation of irrigation systems for maintenance and repair would be allowed at any time of day but no more than one time per week. Operation could not exceed 10 minutes per hour per zone. NOTE: Additional changes are proposed to the rule. Please review all proposed changes at www.sjrwmd.com/irrigationrule. Public workshops Public workshops will be held to provide information about the proposed rule amendments and to obtain public comment on the proposed changes. > June 18, 2008, 1 p.m., Seminole County Commission Chambers, 1101 E. First St., Sanford, FL > June 19, 2008, 10 a.m., Indian River County Commission Chambers, 1801 27th St., Building A, Vero Beach, FL > July 1, 2008,10 a.m., Department of Environmental Protection, 7825 Baymeadows Way, rooms A and B, Jacksonville, FL > July 3, 2008, 10 a.m., Lake County Commission Chambers, 315 W. Main St., Tavares, FL Public comments Comments regarding the proposed rule amendments should be submitted to Norma Messer, rules coordinator, Office of General Counsel, St. Johns River Water Management District, 4049 Reid St., Palatka, FL 32177 -2529, (386) 329 -4459, e-mail nmesser @sjrwmd.com. St. Johns River Water Management District 4049 Reid Street - P.O. Box 1429 Palatka, FL 32178 -1429 (800) 725 -5922 www sjrwmd comlirriga tionrule 05/13/08 MEMORANDUM TO: Bennett Boucher City Manager FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868 -1240 DATE: 05/07/08 RE: SJRWMD Rule Proposal (40C- 2.042, FAC) Use of Reclaimed Water City staff will attend a public hearing on this rule on June 19. The proposed St. Johns River Water Management District (SJRWMD) consumptive water use rule includes the following: 1). Irrigation with reclaimed water will be limited to two -days per week during Daylight Savings Time (summer). 2). Irrigation with reclaimed water will be limited to one -day per week during Eastern Standard Time (winter). 3). The supplier (City) may apply for a permit from the SJRWMD that will allow for an extra day of irrigation with reclaimed water (i.e., three -day and two -day schedules) since the City has "operational, disposal or storage concerns ". 4). The rule will not apply to playgrounds, and football, baseball, and soccer fields. 5). Where reclaimed water is available, the use of private irrigation wells is not authorized. 6). The rule recommends an extensive and detailed irrigation schedule based upon residential addresses (i.e., last number of the address). 7). Local governments are strongly encouraged to adopt a landscape irrigation ordinance and enforce the rule's provisions. 8). There are other numerous restrictions (e.g., watering in of chemicals shall not exceed '/ -inch of water per application, etc.). Concerns: 1). The new rule would force the City to discharge more reclaimed water to the Banana River (or to other storage facilities not yet constructed) — the City will want to consult with the Florida Department of Environmental Protection (FDEP). 2). The new rule would require a new City ordinance adopting the provisions of the new rule. 3). The City would have to provide enforcement of the provisions of the new rule. 4). The City would have to apply for a SJRWMD permit to add an additional day of reclaimed water use to the schedule. 5). The City could no longer use irrigation wells since reclaimed water is available in the area. 6). The City would have to adopt the well - defined watering schedule based upon the last number of the residential address. (It will be almost impossible for the City to adopt the proposed watering schedule based upon the last number of the residential address. The City would have to investigate a watering schedule based on north versus south portions of the City.) 7). Many of the miscellaneous restrictions would be impossible to enforce (i.e., watering in of chemicals) — the City would have undertake an extensive educational program to educate residents. I'm sure that there are other concerns! Meeting Type: Regular Meeting Date: 06 -03 -08 AGENDA Heading Dtscussion Item 6 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: REQUEST TO INCREASE THE COMMERCIAL DISTRICT BUILDING HEIGHT DEPT /DIVISION: LEGISLATIVE Requested Action: Mayor Randels wanted to discuss the attached letter of request from Mr. William Mays, General Partner of Sheldon Cove, to increase the Commercial District building height to 65 feet along SR AlA, as recommended by the Planning & Zoning Board. Summary Explanation & Background: City Council has given staff direction to draft a ballot question to address this issue. Please advise. Exhibits Attached: Letter of request from Mr. Mays dated 05 -21 -08 City Man�gWs Office Department LEGISLATIVE ,m \my t admin \count etinq \2008 \06 -03 -08 \mays.doc Sheldon Cove 8810 Astronaut Blvd. • Cape Canaveral, Florida 32920 • (321) 783 -2400 Ext. 202 • Fax: (321) 784 -1559 May 21, 2008 Cape Canaveral City Council L RECEIVED BY CITY MANAGER O DATE: 5 -a\ - (D g 11ME: A"a- �1aoa Sheldon Cove LLLP, has proposed a commercial project north of Central on Astronaut Blvd. which requires as change to the zoning code height. The Cape Canaveral Planning and Zoning Board has completed the vote to recommend the proposed height change. Every aspect of this issue has been discussed in multiple public forums as well as several newspaper articles during the past six months. All opinions have been voiced and heard. At this time, Sheldon Cove respectfully requests the City Council vote on the Height Zone Code as recommended by the Planning and Zoning at the next City Council meeting. Should you require additional information from Sheldon Cove LLLP prior to the meeting, I will of course be available. Sincerely, William R. Mays General Partner