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Home My WebLink AboutPacket 11-16-2010 RegularCity of Cape Canaveral Rvl��fflw Mr. -Molt .k Avenue, Cape Canaveral, Florida Tuesday November 16, 2010 7:00 PTT 111ftficaue ALWISMrr [011 k Wel I Z ............... ...... .... ......... .. . ... . - U. Ud 4 Z Me. 1� 111M 1111 1111, 111 111 a III I M M � 11111111 !11 IF TAM 111111111111111 1111115111 M:I ME= MUM RMORREIR REPORTS: 0i — 7.40 p.m. City Attorney 7:40 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their commenits to five (5) minutes, The City Council will no) 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. 1015 Polk AvenLIC - Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1.220 Fax: (321) 868-1248 www.ciryofcapecaiiaveraLorg * email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Flot'ida November 16, 20 10 Page 2 of 3 Mo Approve Minutes for Special City Council Meetings of 06-25-2010, 07-28- 2010 and 09-13-2010. 2. Change Order #4- Approve the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of brick pavers for a cost savings of $26,426.25. 3 Motion to Adopt: Ordinance No, 17-2010, amending Chapter 110, Zonin N f the Cape Canaveral Code of Ordinances to add Assisted Livi i Facilities as a Special Exception Use in the R-3 Medium Densi Residential District and the C-1 Low Density Commercial, District Subje I I to Certain Requirements; Updating Definitions; Providing for Parkl Requirements; Making Conforming Amendments to Chapter 11 i ' I Providing for the Repeal of Prior inconsistent Ordinances and Resolution I incorporation into the Code; Severability, and an effective date. I 4. Ordinance No. 14-2010, Amending Chapter 54, Parks and Recreation, of the Code of Ordinances, Authorizing the City Coulncil to Award Franchises fNr Commercial Vending Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and Restrictions: Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date. 5Historical Markers REPORTS: A30 2 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 Cape Canaveral, Florida )er|6,2&lO :) ensure that a verbatim record of the proceedings is made, which record indudem the j ~'~ ~'�~^~ ~r~^" nn whir -h tha~~ ~r�~~' ~~ ~ ~~ hncaH~~~�~Thic! nnfinn'~~~� Hnmc nnt^~^ consent by the City for the introduction or admission into evidence mfotherwise inadmissible or irrelevant evidenme, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance tuparticipate inany ofthese proceedings shou|dnnnbaot the City Clerk's office (868-1221)48hours inadvance ofthe meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/16/2010 Subject: Presentation Waste Pro is donating $1,000 to the Canaveral Police Athletic League. A check will be presented to Mayor Randels, Commander Moros, Recreation Director Robert Lefever, and PAL President Ron Chabot by Platt Loftis, Operations Manager, Waste Pro. Department: Parks & Recreation Summary: The donation will help the PAL Program plan its next large outing. During the Summer, the Program arranged a trip to Universal for the kids who earned enough points through their Positive Reinforcement Program. Kids earn points by attending meetings, participating in planned activities, wearing their PAL shirts, etc. Requested Council Action: Accept Donation Financial Impact: /V oll e_ Reviewed by City Treasurer: Andrea Bowers Date: IDS c? Attachments: Submitting Department Head: Robert Lefever Date: 10/11/10 Approved by City Manager: David L. Greene 0IP- Date: !C>llyIto City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11-16-2010 Presentation Subject: Presentation from the American Red Cross, Mid -Florida Region Department: City Clerk's Office Summary: The City Clerk received a letter from the local American Red Cross Chapter covering Brevard requesting the opportunity to inform the public and the City Council about the activities and outreach they perform on a daily basis. They also want to empower the community with information on how to get involved with the Red Cross Space Coast Chapter and how the Council can better utilize their resources. As indicated in the letter, the Red Cross is offering to provide information on everything from what to include in an emergency kit to how to survive when everyday services are interrupted. The American Red Cross, a humanitarian organization led by volunteers and guided by its Congressional Charter and the Fundamental Principles of the International Red Cross Movement, provides relief to the victims of disasters and helps people prevent, prepare for and respond to emergencies. Lifesaving classes such as First Aid/CPR and Water Safety are available throughout the service area regular basis. Financial Impact: Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: ! l 3 d Attachments: Letter from the American Red Cross Submitting Department Head: Angela Apperson Date: 11/02/10 Approved by City Manager: David L. Greene O -V'*- Date: 11/02/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain American Red Cross Mid -Florida Region Dear Clerk, I am writing to request the opportunity for the American Red Cross to make a short presentation before the Cape Canaveral City Council at the next available opportunity during a regularly scheduled meeting. The local American Red Cross Chapter covering Brevard provides a vital service to the community and I would like to be granted the opportunity for one of our Speakers to inform the public and the council about the activities and outreach we perform on a daily basis. I would also like to empower the community with information on how to get involved with the Red Cross Space Coast Chapter and how the council can better utilize our resources. The Red Cross, one of the nationally recognized leaders in emergency preparedness, would be delighted to provide information on everything from what to include in an emergency kit to how to survive when everyday services are interrupted. While disaster relief is one of the most recognized areas of the American Red Cross there are many other beneficial services we have to offer to the community. For example, did you know the Red Cross also helps military men and women and their families everyday? American Red Cross volunteers have a wealth of knowledge and years of experience out in the field. Please let us know when we might be able to send a speaker to one of your meetings. You can contact me,. Jane Bowden, and I will be happy to schedule someone for your next open meeting. My :contact,information is: Jane Bowden Public Relations Chair American Red Cross Mid -Florida Region Space Coast Chapter (0) 321 890-1002 ext. 5312 (C) 321806-0172 ianebowden @.cfl.rr. coin C:ft44_a8CAW9-4,� The American Red Cross, a humanitarian organization led by volunteers and guided by its Congressional Charter and the,, Fundamental Principles of the International Red Cross Movement, provides relief to the victims of disasters and helps people prevent, prepare for and respond to emergencies. The American Red Cross, Mid -Florida Region serves 93 counties. The chapter's employees and volunteers provide disaster assistance to an average of one family each day. Every day, the chapters serve as a vital communication link between members of the armed forces and their families in our community. Lifesaving classes such as First Aid/CPR, Automated External Defibrillator Training, Water Safety and HIV/AIDS are available throughout the service area on a regular basis. For more information, visit www.midfloridaredcross.ora CALL TO ORDER: ROLL CALL: CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue FRIDAY June 25, 2010 4:30 PM MINUTES The Chair called the Meeting to Order at 4:30 P.M. Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Members Absent: Council Member Others Present: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts ,,Betty Walsh,. City Manager David Greene Building Official Todd Morley City Clerk Angela Apperson DISCUSSION: 1. Approve Special Alcohol Exemption Permit for Knights of Columbus Family Day Picnic; Manatee Sanctuary Park, June 26, 2010: Mayor Randels explained the reasons and time -sensitive nature; for placing this item on this Special Meeting's agenda. A motion was made by Mr ,Petsos, seconded by Ms. Roberts to approve the Special Alcohol Exemption Permit. Mr. Hoog discussed the overly restrictive nature of certain Ordinances, the request submittal process, and the possibility of modifying the permitting process to make it quicker and easier for residents to understand. The permit applicant noted the difficulty he had with understanding the permitting process. Discussion ensued regarding possible revisions to the Ordinance to allow for administrative approval for these types of permit requests. Council reached consensus to address the problems related to filing these types of requests and for staff to prepare amendments to the applicable Ordinances to allow for administrative approval of these types of requests. Mr. Hoog discussed his personal opinion of approving these items, but will support them as long as the City begins work City of Cape Canaveral, Florida City Council Special Meeting June 25, 2010 Page 2of2 on fixing the problem that led to these issues requiring action to be taken at this Special Meeting. The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. The permit applicant thanked the City and invited all interested to attend the picnic. 2. Approve Waiver of Fees for American_ Legion Post #348 Fourth of July B -B -Q: Mayor Randels explained the details of this item. Mr. Hoog reiterated his objections to the restrictive nature of the Code, advocating for revisions. Discussion ensued and included the chain of events with the Building Official and permit applicant, requested Ordinance clarifications related to events occurring on applicants' property and for not for profit applications, safety inspections and concerns, ' and the permit applicant describing their personal history of putting on similar events. A motion was made by Mr. Petsos and seconded by Mr. Hoog to approve the waiver,,of fees. Ms. Roberts suggested information regarding permits and fees could be placed on the "frequently asked questions" portion of the City's website: Mayor;. Randels stated that the prior Council consensus to amend the related Ordinance applies to this item. as well. The motion carried 4-0 with voting as follows: Mr:,.Hoog, For;;;Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Absent. ADJOURNMENT: There being no further business, the Meeting adjourned at 4:55 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City'Clerk CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY r 201 Polk Avenue, Cape Canaveral, Florida WEDNESDAY July 28, 2010 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:31 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David Greene City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Parks & Recreation Director Robert Lefever Building Official Todd Morley Sheriff's Department Commander Alan Moros Fire Department Chief Dave Sargeant City Clerk Angela Apperson RESOLUTION: 1, Motion to Adoot: Resolution No. 2010-12: Tentative Proposed Millaae Rate for the Levy of Ad Valorem Taxes FY 2010/2011: City Clerk Apperson read the Resolution, in its entirety, into the record. City Manager Greene summarized the content of the Resolution, explaining the options for the Council in regards to the Resolution, and the money that would be available for capital projects. Discussion ensued and included the 12.8% increase from the previous rollback, the money being used for improvements that the City residents would like to see, needing money to achieve Visioning work related to North Atlantic Avenue, declining values adversely affecting revenue, ownership and design of the Fire Station, possibly researching what other beachside communities do to generate additional money, exploring acquisition of Cherie Down Park outright, the need for alternate revenue sources due to an anticipated 10-15% drop in Ad Valorem taxes in City of Cape Canaveral, Florida City Council Special Meeting July 28, 2010 Page 2 of 2 the next budget year, how parking meters and hydrant fees could negatively affect the image of the City, the City Manager's efforts to reorganize certain aspects of the City government, the inability to affirmatively state exactly how much money has been saved through such changes, and the continually shrinking revenue of past years. Discussion continued and included the City's financial reserves, funds for the Sheriffs Department building and Fire Station having been planned -for already, how the City handles emergency management, the implementation of new training programs proving beneficial, the funds allocated for capital items in the Public.Works Department, the organizational and cultural change the City is projected to experience, generating additional revenue from the tourist industry, incentives for new businesses, focusing on existing businesses, overcoming negativity in the local business industry, possibly giving the City Manager more authority to restructure the City government without quite as much restriction from the Council, the need for the City to maintain a "business friendly" atmosphere, relevant past plans and actions of the Council, and using practices set forth by other municipalities but modified and adapted to the City's needs. Additional discussion continued regarding skepticism that proposed projects in the City could be beyond the scope of what the City's Staff can handle, any proposed layoffs could further hinder Staff's efforts to execute the projects, revenue streams that the State may take away from the City, receiving unfunded mandates from the State further compounding budget concerns, past actions by the State forcing reductions in millage rates in the past, Charter concerns, possibly having a referendum for the residents to vote on large projects in the City, many of the projects being for Visioning, the purpose of this meeting being to set a proposed millage rate, and planning that needs to be considered in regards to setting a rate. A `motion was made by Mr. Randels and seconded by Mr. Hoog for approval of Resolution number 2010-12. Discussion continued and included the City's business and permit fees being relatively low, when restructuring of.. taxes may'take place, and. the possibility of holding a public workshop meeting to discuss parking meters. The motion carried 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:11 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY 411 201 Polk Avenue, Cape Canaveral, Florida MONDAY September 13, 2010 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David Greene City Treasurer Andrea Bowers Sheriff's Department Commander Alan Moros Fire Department Chief Dave Sargeant Assistant Fire Department Chief John Cunningham City Clerk Angela Apperson RESOLUTION: 1. Motion to Ador)t: Resolution No. 2010-18, A Resolution of The City of Cape Canaveral Brevard CountV, Florida Adopting a Proposed Milla a Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2010/2011 on All Taxable Property Located Within the Citv of Cape Canaveral, Brevard Countv, Florida; Providing for an Effective Date: Mayor Randels thanked the City Manager, Clerk, and Staff for their work on this matter and read the title of the Resolution into the record. A motion was made by Mr. Hoog, seconded by Ms. Roberts, for adoption of Resolution No. 2010-18. Discussion ensued and included the budget supporting the Visioning work, communicating the aspects of the budget to the residents of the City, wanting to prevent Visioning project delays, desires for expense reduction and revenue generation, some expense reduction items already being considered administratively, some future project costs and specific plans still being unknown, concerns about how budgets and taxes will be handled in the future, how trying to "tread water" could leave the City's progress at a costly standstill, capital items listed in the budget, a breakdown of the proposed millage rate, explanation City of Cape Canaveral, Florida City Council Special Meeting September 13, 2010 Page 2of2 of the budget paperwork details, how projects will be developed over the next year to take advantage of the construction market, analyzing City fees and charges, and budgets of previous years compared to the current, proposed budget. The motion carried 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE - First Reading: 2. Motion to Approve: Ordinance No. 11-2010; an Ordinance of The City of Cape Canaveral, Brevard County, Florida; Adopting the Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year Be inning October 1 2010 and Ending September 30, 2011; Providing for an Effective Date, at First Reading: Mayor Randels read the title of the Ordinance into the record and noted the second reading to take place on September 23`d. A motion was made by Mr. Hoog and seconded by Mr. Randels to approve Ordinance No..11-2010 at first reading. Mayor Randels asked for any input from Council and opened the floor to the audience. Val Phillips, 300 Columbia Drive, discussed the Beautification and Library Funds, the determination of the millage rate, the economic issues related to the Space Program, and building a capital fund. The Mayor, City Manager, and City Treasurer responded to address her concerns. Leo Nicholas, resident, inquired about the total property value of the City, the Municipal Services Taxing Unit millage rates regarding Avon -by -the -Sea, and how much is left in City reserve funds. The City Manager explained the total City property value being just over $900 million, the MSTU of Avon estimated to be $90,000 but the County has not finalized it, and the City Treasurer stated the reserve fund sits at $1.49 million in undesignated dollars. Mr. Nicholas thanked the City for the meeting and the Sheriff and Fire departments for their participation in the. VFW 9111 Memorial Ceremony. The motion carried 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:30 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/16/2010 Item No. Subject: Change'Order #4: Approve the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of brick pavers for a cost savings of $26,426.25. ent: Public Works Summary: Staff recommends that the City Council reconsider the use of brick pavers at the five intersections (20 crosswalks) on Ridgewood Avenue as part of the Ridgewood Avenue Improvements Project. Staff recommends the use of STS Paveway System crosswalks based upon the following: 1). A cost savings of $26,426.25 for 20 crosswalks if the STS Paveway System is used in lieu of brick pavers. 2). Time of construction — each intersection will take approximately 10 working days to complete if brick pavers are installed which significantly extends the construction portion of the project. The STS Paveway System can be installed in a single intersection overnight. 3). Alternating lane closures for several days will be required if brick pavers are used, further disrupting area residents. 4). Brick pavers are not recommended for retro -fit projects by the project contractor, Brewer Paving & Development. In particular, Brewer does not recommend the use of brick pavers in turning radius areas where larger vehicles will be using the roadway (see Attachment #1). 5). The maintenance required of brick pavers - especially due to damage caused by larger vehicles (e.g., garbage trucks). 6). The Florida Department of Transportation (FDOT) no longer recommends brick pavers in roadways — the FDOT uses and recommends the STS Paveway System. Newly -installed STS Paveway System crosswalks were recently installed during the U.S. Highway 1 improvement project in Cocoa/Rockledge. Photographs of the STS Paveway System crosswalks on US Highway 1 are shown in Attachment #2. Submitting Department Head: Walter Bandish �b Date: 11/09/10 GO Attachment(s): 1). Contractor Recommendation 2). Photographs of US Highway 1 Crosswalks 3). Ridgewood Budget Summary Financial Impact: For all five intersections in the Presidential Streets area, the cost savings for using the STS Paveway System in lieu of brick pavers is $26,426.25. An updated Ridgewood Budget Summary is included as Attpoment #3. Reviewed by City Treasurer: Andrea Bowers K� Date: [ t l Milo (l0 The City Manager recommends that City Council take the following action(s): Approve the Use of STS Paveway System Crosswalks for the Ridgewood Avenue Improvements Project in Lieu of Brick Pavers. Approved by City Manager: David L. Greene Lr) -p, I Date: I fl ?/ IG City Council Action: [ ] Approved as Recommended [ ] Disapproved` [ ] Approved with Modifications Tabled to Time Certain Attachment # 1 Contractor Recommendation Jeff Ratliff From: Ryan Herold [Ryan@brewerpaving.comj Sent: Monday, November 08, 2070 2:50 PM To: Jeff Ratliff Cc: John Pekar; Billy Joe Brewer; Shane Brewer Subject: Ridgewood Ave - Brick Paver Concerns Jeff, As we are getting closer to the end of the project, we have some large concerns about the durability and constructability of the brick pavers. We have legitimate concerns about their use in this project that I would like to outline here in hopes that we could go back to the original contract and the stamped asphalt. 1 will outline these concerns below. 1) Without allowing us to completely shut down the intersection to all traffic while the work is taking place, the ribbon curb will have to be done one lane at a time. There are a couple of issues with constructing it this way. First, we will have to be able to make Ridgewood One -Way while this work takes place which we would anticipate taking 2 weeks per intersection. Second, with pouring the curb in 2 phases, there will be a joint in the middle of the road. We cannot guarantee that this joint will not crack and the ribbon curb eventually heave up in the middle of the road. Especially given the daily ground water fluctuations. 2) Another concern we have is with the long term durability and maintenance of the intersections. The locations on the side streets where vehicular traffic will be turning on will eventually start to shift and we cannot guarantee material and workmanship for this work. Brick Pavers are not meant to have heavy duty traffic turning on them, which is what will happen with garbage trucks, fire trucks, ect. 3) There are also some constructability concerns during the milling and paving operation. There are no contractual provisions for paving straight through those intersections, so we will have to mill through those intersections, and then pave up to the ribbon curb areas and then slope down and leave a gap. There is approximately 100 tons of extra asphalt if we were to pave straight through the intersections and then dig up the new asphalt to install the pavers. We believe in the STS product. There would be a cost savings to the City by virtue of altering the original brick paver change order. The Paveway "STS" system is the best "Patterned Textured Pavement" system in Florida, proven by the Florida Department of Transportation's own requirements. STS has been tested by the FDOT for over 3 years and has the best proven results of every/any other system available. STS comes with a 3 year warranty from both the manufacturer and the "certified installers". No customer has exercised the warranty because in the last 3 years there has been zero failures with over 250,000 SF of STS in use on FDOT high volume roads. 1 yan .rRferoff I & 2)"C AW"r. 9V. 3190 Grissom Parkway, Cocoa, FL 32926 Phone: 321-636-4645 Fax: 321-636-4648 Attachment #2 Photographs of US Highway 1 Crosswalks ----------------- 7�z ----------------- � <D � . �. �� _�} ��,��,�� .�� yam:::m>� » . � ƒ�� Z� «22\<:�� . � � � � /�' � � ; y}r � - .-��`��\d: � � ��yy. � � � w - .fes � J.� � � 2� y� ««maws v «>a� »:� v 66 y y� �:��?2 . _ � � � � � � � � � � � /. . 2§� � y� � � � � � � � � � � :- � 22 Attachment #3 Ridgewood Budget Summary c n o c c o o n iR.i o; n f' C e* 00 N 69 69 N f'n 64 64 N b9 O U 0 0 0 0 0 0 0 p Q C O O ON q 61 O C Q C� Vim' 64 64 bA �!i 0 64 FJ4 in a o 0 0 to o Ln o o -. Vn y %Z A Q et O C, O V7 O O O O O N 1.0 V1 a; O Vj h h M w V N o M oo C` OD .� G7 0 w 0� �'v 6�i4 ��-1 b0% 5r- 64 6tn 3 `5 w c � 0 O eel c .0 00 '^ +�+ CC O v hU .ter M O y A d o A i Q •i a Q � y � C. G=a = a y City of Cape Canaveral City Council Agenda Form City Council Meeting Date: te: 11-16-20'10 Item No. Subject: Ordinance No. 17-2010, amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to add Assisted Living Facilities as a Special Exception Use in the R-3 Medium Density Residential District and the C-1 Low Density Commercial District subject to certain requirements; updating definitions; providing for parking requirements; making conforming amendments to Chapter 110; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date. Department: Administration Summary: Danny Ringdahl, owner and developer of Puerto del Rio condominiums, wants to construct an assisted living facility on the undeveloped portion of his property. The City Code allows adult congregate living facilities as a Special Exception in R-1 zoning, but it does not specifically address assisted living facilities. Staff considers an assisted living facility to be a needed housing option in the community. Mr. Ringdahl's proposed project is appropriately located and is an important economic development opportunity. Staff asked the Planning and Zoning Board at its Wednesday, August 25, 2010 meeting to consider adding Assisted Living Facilities as an allowable use. The Board discussed the appropriateness of allowing this use and approved a motion recommending that the City Council direct Staff to prepare an Ordinance amending the Code to allow for assisted living facilities. At its September 7, 2010 meeting, City Council considered the issue and the P&Z recommendation, and passed a motion directing Staff to prepare an Ordinance allowing for assisted living facilities. Staff drafted the proposed Ordinance and it was discussed and amended by the P&Z Board at meetings on September 22, 2010 and October 13, 2010. On October 13, the P&Z Board recommended approval of Ordinance No. 17-2010 which allows for assisted living facilities as a Special Exception Use in R-3 and C-1 zoning districts in accordance with special criteria. The City Council must hold two (2) advertised public hearings on this Ordinance, thus requiring two (2) "display' legal advertisements consistent with section 166.041(3)(c)2, Florida Statutes. The first Notice of Hearing for this Ordinance was published in the Florida Today newspaper on October 27, 2010. The City Council passed Ordinance No. 17-2010 at the first hearing on November 4, 2010. The second Notice of Hearing was published November 9, 2010. Analysis: Staff research revealed that an assisted living facility (ALF) unit does not create the same demand on services as that of a typical residential unit; therefore, most local governments have adopted either a conversion factor or a conversion formula to equate an ALF unit to an equivalent residential unit. As shown in Table #1, according to the ITE trip generation manual, transportation demand for an ALF unit is 17 percent that of a single family residence. The water and sewer impact is from 28% to 54% that of a single family residential equivalent. As depicted in Table #2, conversion factors range from 2.0 to 4.0 beds or persons to one equivalent residential unit (one bed equals one person). According to 2000 census data, the City averages 2.49 persons per household. Therefore, Staff and the P&Z Board agree that a conversion factor of 2.5 assisted living beds to one dwelling unit is appropriate for the City. Staff researched the ordinances of other local governments (see Table #3 - Comparison Matrix) and found that most local governments allow for assisted living facilities (ALF) or adult congregate living facilities (ACLF) as a special exception in multi -family and commercial zonings. Most included special criteria for ALFs. Staff and P&Z agree the Ordinance should include criteria to address: 1) enhanced setbacks, 2) minimum lot size, 3) minimum unit sizes, 4) special standards for loading docks/dumpster areas, and 5) parking standards. Special setbacks and buffering are typically called for to provide additional protection for adjacent residential uses. The Ordinance calls for front, side, and rear setbacks of 25 ft. and a 50 ft. setback from all adjacent residential lot lines. In addition to enhanced setbacks, the Ordinance calls for enhanced screening and buffering for loading docks/ dumpster areas. In an effort to ensure that ALF projects are of the desired quality and economically feasible, a minimum of 5 acres for the property has been called for in the Ordinance. This approach is similar to that taken with hotels, where a minimum of 5 acres of land is required for each hotel project. Some members of the P&Z Board have had recent experiences with ALFs and were concerned that the state standards of 80 square feet (s.f.) per person are not adequate. A minimum of 400 s.f. for a single bed unit and a minimum of 700 s.f. for a double bed unit have been proposed. The proposed Ordinance calls for specific parking requirements for assisted living facilities: one parking space for each employee on the largest working shift plus two spaces for every three living units. A definition for assisted living facility was added and the definition of adult congregate living facility was deleted as was its reference as a Special Exception Use in R-1. Adult congregate living facility is an old term that is no longer defined or referenced in the Florida Statutes. The Board has proposed deleting Adult Congregate Living Facility as a Special Exception Use in R-1 and is not proposing to replace it with assisted living facility. According to business tax receipts records, there are no ACI -Fs in operation and there has been no demonstrated demand for such use in the R-1 zoning district. Staff and Planning and Zoning Board Recommendation: Adopt Ordinance No. 17- 2010 which adds Assisted Living Facilities to the list of Special Exception Uses in the R- 3 and C-1 zoning districts with special criteria as listed in the Ordinance; adds a definition for ALF with a conversion factor of 2.5 beds equals one dwelling unit; and deletes all references to adult congregate living facility. 2 City Manager Recommends: That City Council adopt Ordinance No. 17-2010. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: 11Y 10 Attachments: (1) Planning and Zoning Board Meeting Wh6tes of August 25, 2010, September 22, 2010 and October 13, 2010; (2) Tables #1, #2 and #3; (3) Ordinance No. 17-2010 Submitting Department Head: Angela Apperson Date: 11/02/10 Approved by City Manager: David L. Greene L Date: 1//8 bo City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain PLANNING & ZONING BOARD MEETING MINUTES AUGUST 25, 2010 A Regular Meeting of the Planning & Zoning Board was held on August 25, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Vice Chairperson, called the meeting to Order at 7:00 p.m. The Recording Secretary called the roll. MEMBERS PRESENT Bea McNeely Vice Chairperson John Fredrickson Harry Pearson Donald Dunn John Johanson 1 t Alternate Ron Friedman 2"a Alternate MEMBERS ABSENT Lamar Russell Chairperson OTHERS PRESENT Duree Alexander Recording Secretary Kate Latorre Assistant City Attorney Rocky Randels Mayor Robert Hoog Council Member Betty Walsh Council Member David Greene City Manager Barry Brown Planning & Development Director Todd Morley Building Oficial NEW BUSINESS 1. Discussion Re: Assisted Living Facilities as an Allowed Use. Barry Brown, Planning & Development Director introduced David Greene, the City's new City Manager to the Board. The Board members welcomed Mr. Greene to the City. Pamela Dillon, representative for Evening Tide Management, described what Assisted Living Facilities (ALF) were and the various types of levels of care an ALF can provide. She advised that Danny Ringdahl, developer of Puerto Del Rio, was interested in developing an ALF on his undeveloped land located immediately East of Puerto Del Rlo_ Ms. Dillon advised that Brevard County has a need for this type of facility. Barry Brown advised that many meetings have been held with City staff, Mr. Ringdahi and Ms. Dillon. He relayed staffs concerns regarding: evacuation plans, and increased density. An ensuing discussion was held regarding: facility staffing; zoning; use permissible as a principal use or by special exception; visitations to existing ALF's; and stafFs research results from other cities that allow ALF's; a pharmacy for ALF residents only or open to the public. Following discussion, the Board members agreed for the City to move forward to allow ALF's. Planning & Zoning Board Meeting Minutes August 25, 2010 Page 2 Rocky Randels, Mayor, spoke in favor of an ALF. He advised that he was in favor of this opportunity, because there was a need for this type of facility, there was vacant land, an investor that wanted to move forward, and this type of facility would be positive for the City overall. He respectfully requested that the Planning & Zoning Board move the item forward to the City Council. Discussion followed regarding ALF's being listed on the agenda as a discussion. Kate Latorre, Assistant City Attorney, advised that the Board could make a recommendation. Motion by Bea McNeely, seconded by Harry Pearson, to make recommendation to City Council to direct staff to prepare the research necessary to allow ALF's in Cape Canaveral. Chairperson McNeely polled the Board members. All were in favor of the recommendation, with John Johanson noting he would be in favor of ALF's with City Council and the Department of Community Affairs approval. David Greene, City Manager, advised that this item would be placed on the September 7, 2010 City Council Agenda. 2. Discussion Re: Mixed Use Land Use. Barry Brown, Planning & Development Director, described mixed use; provided a history of its creation; pointed -out benefits, such as; reduced auto trips, increased social interactions, walkabllity, increased; tax base, less crime, condensed parking, and harmonious architecture, etc. Barry Brown presented a power point presentation on examples of existing mixed use areas in various communities. OPEN DISCUSSION Barry Brown informed that City staff would continue to move forward with researching mixed use, and assisted living facilities, in a focused manner, and at the next meeting would provide the Board with an update on what the City code allows in different zoning districts. Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:45 p.m. Approved on this ;1�4 day of 2010. Lamar ussell, Chairperson Susan L. Chapman, Secretdjry PLANNING & ZONING BOARD MEETING MINUTES SEPTEMBER 22, 2010 A Regular Meeting of the Planning & Zoning Board was held on September 22, 2010, at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Recording Secretary called the roll. MEMBERS PRESENT Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson Ron Friedman OTHERS PRESENT Susan Chapman Kate Latorre Robert Hoog Barry Brown NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Secretary Assistant City Attorney Council Member Planning & Development Director Approval of Meeting Minutes: August 25, 2010. Motion by Bea McNeely, seconded by Harry Pearson, to approve the meeting minutes of August 25, 2010. Motion carried unanimously. 2. Recommendation to City Council: Lot Split — Martin Marietta Materials Inc. RandV May, Applicant. Barry Brown, Planning & Development Director, advised that the request was for a lot split of the Martin Marietta Materials property, formerly Ambassador Services. He showed an aerial view of the property, depicting the lot split area. He explained that earlier this year, Ambassador Services, Inc. was sold to Martin Marietta Materials, Inc. In an effort to expedite the sale, the property was sold in its entirety with the understanding that a portion of the property would be returned to Mr. May. He explained that the lot to be split was a previously platted and the newly created lot has access by a recorded easement to a public road. He was confident that the all easements were identified and reviewed by the City Engineer. He advised that City staff reviewed the application, all comments and code requirements had been met, and staff recommended approval. Mr. Brown noted that this was the first request for a lot split since the City adopted the new lot split ordinance. Chairperson Russell gave a brief overview of the lot split process. The Board members reviewed the submittal. Planning & Zoning Board Meeting Minutes September 22, 2010 Page 2 of 4 Discussion was held regarding a 10 ft. encroachment at the north east corner of the property by an adjacent building owned by Rinker Materials. Attorney Guy Neff, representing Randy May, Applicant, advised that the 10 ft. encroachment existed since his client originally considered purchasing the property several years ago. He advised that it did not affect the business operations: Mr. Brown advised that the existing development agreement needed to be amended to recognize this lot split and a resolution prepared prior to the lot split request being presented to City Council. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of the lot split to City Council. Vote on the motion carried unanimously. 3. Recommendation to City Council: Proposed Assisted Living Facilities Ordinance. Barry Brown, Planning & Development Director, advised that this was a request to revise the City code to allow for assisted living facilities (ALF's). The applicant was the City Council. He explained that Danny Ringdahl, owner and developer of Puerto Del Rio condominiums, was considering construction of an ALF on the undeveloped portion of his property. He advised that the City code allowed for adult congregate living facilities, but only in R-1 Single Family Residential zoning district by special exception. This was to accommodate the care of a limited number of persons in a residential home. The City code does not address an ALF. He advised that staff considers an ALF an important and complementary use in the City and a needed housing option in the community. He pointed -out that the proposed ALF was appropriately located and an important economic development opportunity for the City. Accordingly, staff asked the P & Z Board to consider adding ALF's as an allowable use. On August 25, 2010, the Board discussed the appropriateness of allowing this use, and approved a motion recommending that the City Council direct staff to prepare an ordinance to allow ALF's. Subsequently, On September 7t', the City Council considered the issue, along with the recommendation from the P & Z Board, and passed a motion directing staff to prepare an ordinance allowing ALF's. Mr. Brown advised that staff researched ordinances of other local governments and created a comparison matrix. He reported that most local governments allow for ALF's or adult congregate living facilities (ACLF's) as a special exception in multifamily and commercial zoning districts. The noted that the most common criteria included special parking requirements, minimum separation distance from other ALF's, and special setbacks. He advised that the separation requirements typically addressed facilities in residential neighborhoods and their purpose was to preclude too many facilities from being located in the same area. He noted that the City does not have a separation distance. He believed that distance separation should be considered for residential facilities, but was not necessary for large scale ALF's. He advised that special setbacks and buffering were typically location specific and could be addressed in the special exception. Design standards could be addressed in the special exception as well. Mr. Brown advised that Danny Ringdahl, property owner and developer of Puerto Del Rio, has met with City staff regarding developing an ALF immediately east of the Puerto Del Rio development. Mr. Brown proposed to the Board that there be one parking space per employee on the largest working shift, plus one parking space for every two units. Andre Anderson of Planning & Zoning Board Meeting Minutes September 22, 2010 Page 3 of 4 Planning Design Group provided a table comparing the impacts of an ALF to residential single family and a nursing home for water, sewer and traffic generation. He advised that the impact of an ALF would be less than that of a single family or nursing home. He noted that the proposed ALF unit was not a dwelling unit per the City code definition, because they did not have a kitchen facility in them. Therefore, there needed to be a conversion factor. Mr. Brown explained that a conversion factor should be used when calculating density because it was apparent, as well as supported by data, that the impact of an ALF was not nearly as great as a typical residential unit. He gave the example of a conversion formula for Mr. Ringdahl's property as follows: number of units per acre (R-3 equals 15), times 2.49 persons per household (2000 U.S. Census), times the proposed acreage (8 acres), equaled 299 beds or persons. Mr. Brown noted that both Jupiter and Apopka use the same conversion formula. Brief discussion followed. Mr. Ringdahl advised that he was proposing a five star ALF that would include: 248 rooms, with a one room concept. He noted that units would be either 400 sq. ft. or 700 sq. ft., with either a single or double bed, and a balcony. He advised that 159 parking spaces were allocated to the project. Andy Kirback, project engineer, advised that the proposed lot coverage was between 15 and 20 percent, the boundary setbacks were 25 ft. and the proposed project density was less than 15 units per acre. The Board members reviewed the proposed ordinance and held discussion regarding: preferring that the use be allowed by special exception; allowing the use in residential and/or commercial zoning districts; establishing minimum criteria for the following: parking, number of units, living area, buffering, screening, acreage, special setbacks, distance from like establishments, compatibility with surrounding property, unit size, evacuation plan, architectural review and design standards, lot coverage, and green space. During discussion, Barry Brown advised that he meets with developers of proposed projects, has the ability to negotiate, and sees that his concerns are addressed for buffering, screening, and setbacks. The Board concluded, by consensus, to direct staff to perform research and return with proposed minimum criteria for compatible appearance, setbacks, screening, parking, evacuation, unit area, number of units, and acreage. Barry Brown advised that the State already has minimum requirements for evacuation plans. He noted that the State and Brevard County reviews evacuation plans, so there was no need for the Board to involve itself in that. He advised that the City code already addresses architectural review through the Community Appearance Board. Lot coverage is also addressed in the R-3 zoning regulations. He requested that the Board focus on items that are particular to the City's situation, for example: requirement for a minimum number of units, setbacks, parking, and residential vs. commercial. He advised that the requested information will be provided for the next meeting. OPEN DISCUSSION Barry Brown advised that he handed -out a flyer regarding a chili cook -off at the City's Fall Festival on October 9t'. He challenged the Board members to enter the contest to represent the Board. Kate Latorre, Assistant City Attorney, introduced her colleague Kimberly Kopp to the Board. Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:57 p.m. Planning & Zoning Board Meeting Minutes September 22, 2010 Page 4of4 Approved on this 13'r"day of 6 L`L&4i-� -- , 2010. AL ecavllla--�L Aw"'Ide Lama Russell, Chairperson Susan L. C apman, Secr tary Planning and Zoning Board Meeting Minutes October 13, 2010 A Regular Meeting of the Planning & Zoning Board was held on October 13, 2010, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral Florida. Lamar Russell, Chairperson called the meeting to order at 7:07 P.M. The Recording Secretary called the roll. MEMBERS PRESENT: Lamar Russell Bea McNeely John Fredrickson Harry Pearson Donald Dunn John Johanson OTHERS PRESENT: Angela Apperson Chairperson Vice Chairperson item 3 within the 2nd paragraph, at the "The noted" to "He noted". Mr. Dunn and questioned if the applicant is the City, who ised. Consensus was reached to change the word seconded by Mr. Dunn, for approval with said Mr. Brown reviewed even:-Tr-`6-iri the prior meeting and explained the research that was done to provide the board with recommendations for setback requirements; facility size; minimum size of each unit; parking requirements; and loading areas. Discussion ensued and included: whether to prohibit conversion of condominiums or town homes to assisted living facilities and the need to word the ordinance so any facility that can meet all code requirements for this use could become an assisted living facility; whether to allow individual cooking facilities in each unit; unit size requirements; the need to remove the definition of adult congregate living facility; set back requirements; land requirements for this use; unit per acre requirements; parking unit requirements; requirements for loading areas; the need to add "split face" block to the acceptable finishes for loading areas; Planning Zoning Board Meeting Minutes October 13, 2010 Page 2 of 3 and whether an ALF could be converted to another use such as a hotel or short term rental. During the discussion Mr. Danny Ringdahl, Mr. Glenn Duffy, Mr. Andy Kirback and Mr. Kendall Keith provided information related to a proposed Assisted Living Facility and answered questions. Mr. Russell restated the five outstanding items and noted consensus was reached as follows: • Set the unit size at 400 sq feet for a single bed unit an&?500:'9q feet for double bed units • Require 2 parking spaces for every 3 units and have-, orie parking space for every employee on the largest working shift • Set backs will be a minimum of 25 feet with,5.0,. e fromI"d"44cent residential lot lines • Require the lot area to be a minimum of • Accept the suggested design standards .-B block as an allowed finish Motion by Mr. Pearson, seconded byx Mr. Russell, (to the ordinance) and forward tb►0�,# dinance requirement and whether this size would -peclude discussed. The motion carried unanimously, after;: 3. Mr. Brown reviewed the;request andstated the noted the advice of Assisi.City,-A' torney K Mr. Brown. :suiMsted.,these 'u--:.6641esif ....... code r i acres loading areas witlialie. addition of "split face" Wirecommend that we id'it these five items to ` l ,—_City Council. The 5 acre lot size conversion. of existing facilities were briefly a roll calf-:ote. dy does not have any Tattoo Parlors. He not to prohibit Tattoo Parlors out right. zoned areas. Mr. Johanson objected to ;nt of an application fee, which has not been r&6ived. Mr. Br'ovii :..expla i ed, this is a'`Te`quest from the Mayor and didn't agree that a applicatiori;�ee is warrantee :gas;this s<only a discussion item. Ms. Apperson explained this item was a request*.0m the Mayor`to the City:Manager, who forwarded the request to Mr. Brown to get input from this ::bard. Discussion ensued -'and included the suggestion to place this uses in the industrial zoned areas whether to:.�ave a separation requirement between businesses; whether this use should be classife&T,,4s a personal service similar to a barber or nail salon; the visioning efforts; a recent court case froiir Califoniia that classifies tattooing as a form of personal expression and therefore protected under "Iii amendment; proposing legislation that places tattoo parlors in the industrial area with a separation of 1000 feet between parlors; and that individuals should feel free to bring any item to the Board for discussion. During the discussion Mayor Randels noted his duties and responsibilities include brining items forward that protect and promote the City and the desires of the residents. No consensus was reached to have staff perform further action on this item. Mayor Randels will pursue discussion with the City Council. Planning Zoning Board Meeting Minutes October 13, 2010 Page 3 of 3 OPEN DISCUSSION: Mr. Fredrickson asked how the City began to hold meetings at the Library rather than the City Hall Annex. He noted the ongoing renovations of the City Hall Annex and urged for some formal report to keep the Board informed. Mr. Pearson explained how and why. the meetings were moved to the library meeting room. Mr. Russell indicated he saw no planningaiid zoning matter in this issue. ADJOURNMENT: Motion by Mr. Russell, seconded by Mr. Pearson,..toadjourn the meeting at 9:08 P.M. Approved on this day of Lamar Russell, Angela 01 Tabl_e_1_ Infrastructure Impacts Factors Jurisdiction Water/Sewer Impact (Equivalent Residential Connection) Transportation Impact (PM Peak Period Rate) SFR (DU) Duplex Mobile ALF /Apt./ Home (Nursing Condo units) SFR (DU) Condo ALF Elderly Housing Nursing Home General - ITE Manual 1.01 0.55 0.17 0.16 0.22 Jupiter 1.0 0.28 Apopka St. Petersbur Pinellas Park 1.0 0.833 0.667 0.417 Clearwater Orange County 1.0 0.833 0.667 0.417 Port St. Lucie 1.0 0.900 0.5411 Alachua County West Palm Beach Boca Raton Brevard County Cocoa 1.0 0.8 Cocoa Beach Indialantic Indian Harbor Beach Malabar Melbourne 1.0 0.833 0.667 Melbourne Beach Melbourne Village Palm Ba Palm Shores Rockledge" 1.0 0.8 Satellite Beach Titusville" 1.0 0.8 West Melbourne Table 2 - Conversion Factors of Various Local Governments Jurisdiction Conversion Factor beds or person pper household Jupiter 2.32 h .Apopka 2.76 h St. Petersburg 3.0 beds Pinellas Park 2.5 beds Clearwater 3.0 beds Alachua County 4.0 beds West Palm Beach 2.5 beds Boca Raton 75 BPA* Brevard CounL 2.0 beds Cocoa NIA Cocoa Beach NIA Indialantic N/A Indian Harbor Beach N/A Malabar N/A Melbourne N/A Melbourne Beach N/A Melbourne Village NIA Palm Bay NIA Palm Shores N/A Rockled e** 2.0 beds Satellite Beach NIA Titusville`* NIA West Melbourne N/A *BPA - Beds Per Acre **Cocoa provides water Conversion Formula for Assisted Living Facility (ALF) to an Equivalent Residential Dwelling Elnit The number of beds permitted in an assisted living facility shall be based on the total occupancy of the property, and shall be calculated by multiplying the allocated density of the zoning district assigned to the property, by the average persons per household for the City of Cape Canaveral, as determined by the most recently completed census of the US population. The product resulting from this equation shall then be multiplied by the gross acreage of the property, or portion thereof, proposed for the development of an assisted living facility to yield the maximum number of beds. One bed equals one person. Step 1 Persons Per Household (US Census) x Permitted Density (units/acre) = Persons Per Acre Step 2 Persons per Acre x Number of Gross Acres = Maximum Number of Beds 0 a� C N c C Cl) �G .Q L 7 ys,-OLcU ca:3 40- a) °? o > J U — O a O r a) U 3 U 0 o -�-• CU qj Co a} (D (D O 'v c U c c O0 E �' (a 'a co OCO a) O O O } U C E NN U p OU LC) U— a) CD ) O (Oa co OLa) L c U (D tm 0 :32 a -A 2-0-0 3 o m a ca o a) 0 �w E � M04-(D(D a c�iaia�i ° r T 0 •6 aEi� CD v o a s of .c �+- (a 0> 4- 7 � E 9 -� Im --- N ca ° CO N p cOn O O .0 ca C N 7 p •N 00 �- O �+- LO tt 'a ca L cr, �oE(aao�1=L �v o o 0 a) o= ca ca cc O W ca C O a C Q. U a) a (o 0 o ca d LL U .� (a ate, O N ca �. a L Q ca a) L> V (u C co Q O1 o-. 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U to 0 ca O a a) U a) �.; CO O U zm U �mL1. m U ORDINANCE NO. 17-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO ADD ASSISTED LIVING FACILITIES AS A SPECIAL EXCEPTION USE IN THE R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT AND THE C-1 LOW DENSITY COMMERCIAL DISTRICT SUBJECT TO CERTAIN REQUIREMENTS; UPDATING DEFINITIONS; PROVIDING FOR PARKING REQUIREMENTS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council believes the City of Cape Canaveral community and its citizens would benefit from assisted living facilities and that assisted living facilities provide important and beneficial services; and WHEREAS, the City Council desires to amend the City Code to permit assisted Iiving facilities by special exception in certain zoning districts as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 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 hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and art type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. 1t is intended that the text in Chapter110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of City of Cape Canaveral Ordinance No. 17-2010 Page 1 of 6 this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assisted living facilia shall mean any building or buildings, section or distinct part of a building. private home, boarding home, home for the aged, or other residential facility, whether operated -for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal services for a period exceeding 24 hours to one (1) or more adults who are not relatives of the owner or administrator. ys�cx ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT �xx Sec. 110-274. Special exceptions permissible by board of adjustment. In the R-1 low density residential district, the following special exceptions shall be permitted by the board of adjustment: (1) Public and semipublic parks, playgrounds, playfields, and recreation facilities -arid adtift congregate living faeffities. City of Cape Canaveral Ordinance No. 17-2010 Page 2 of 6 DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT xsex Sec. 110-314. Special exceptions permissible by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: Assisted living facilities, subject to the requirements of section 110-488. DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT x deg Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: x � x Assisted living facilities, subject to the requirements of section 110-488. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-488. Assisted Living Facilities. Reserved. Assisted livimz facilities may only be 12ermitted by special exception in the R-3 and C-1 zonina districts subject to the general conditions for sl2ecial excel2tions and the following minimum requirements: (a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent City of Cape Canaveral Ordinance No. 17-2010 Page 3 of 6 residential lot lines shall be a minimum of 50 feet. Minimum lot area shall be five (5) acres. (c) Each assisted living - facility unit shall contain minimum living area of 400 square feet for single bed units and 700 square feet for double bed units. (d) Loading docks and dumpster areas shall conform to the following Loading docks and dumpster areas shall be directed away from any residential development adjacent to the assisted living facility. LL Dumpsters shall be visually screened from public view from an adjacent public right-of-way or residential development by fully enclosed screening that is a minimum of six (6) feet in height, measured above finished rade. Each enclosure shall include a decorative opaque gate that is a minimum of six (6) feet in height, measured above finished grade. Each dumpster enclosure shall be constructed as one (1) of the following: A masonry wall at a minimum of six (6) feet in height, measured from finished grade. The masonry wall shall be decoratively finished concrete masonry unit, brick, stucco, pre -cast panels, or other material matching exterior of the principal building_ A combination of fencing and landscape buffer. Fencing shall be fabricated from aluminum, wrought iron, vinyl, brick, or other approved materials. The landscape buffer shall be a minimum of five (5) feet in width, a minimum of three (3) feet in height, fifty_percent (50%) opaque at planting and capable of attaining a height of six (6) feet and seven!, -five percent (75%) opaqueness within 24 months. fL The dumpster shall be located so as to facilitate pickup by solid waste collection a encies. The dumpster enclosure shall not be placed in drainage flow areas. M Adequate reinforced paved areas shall be provided for the dumpster and their Wproaches for loading and unloading_ No part of a dumpster or materials stored within the screen area shall extend above the dumpster enclosure. City of Cape Canaveral Ordinance No. 17-2010 Page 4 of 6 n Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as part of a dumpster enclosure. Secs. 110-488. 110-489. —110-490. Reserved. DIVISION 2.OFFSTREET PARKING Section 110-491. Number of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with adequate provisions for ingress or egress in accordance with the following: (14) Assisted living facilities. One (1) space for each employee on the largest working shift plus two (2) spaces for every three (3) units. 15 All other uses. To be determined by the building official, who shall use the ratios established in this section as a standard for determining the requirements. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 17-2010 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2010. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog ANGELA APPERSON, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2010 Page 6 of 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/16/2010 Item No. - Subject: Ordinance No. 14-2010, Amending Chapter 54, Parks and Recreation, of the Code of Ordinances; Authorizing the City Council to Award Franchises for Commercial Vending Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and Restrictions: Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date. Department: Community Development Department Summary: At the August 17, 2010 City Council meeting, David Patty appeared requesting to be permitted to sell his goods on the City's beaches. Consensus was reached to have Staff and the City Attorney further study the beach vending issue, provide a recommendation on how to allow beach or mobile vending within the City limits in some limited fashion. This Ordinance revises the commercial solicitation provisions of the Parks and Recreation Ordinance by allowing limited beach vending to be regulated as a City franchise. Solicitation on the beach areas has always been prohibited. If approved, this change will permit exemptions to that prohibition for franchises authorized by the Council. At first reading on September 21, 2010, Council declined to approve the Ordinance and instead directed that Staff research the cost and feasibility of holding a referendum vote of the City's electorate. At its October 5, 2010 meeting, during open discussion and audience input, the Council decided not to move forward with the referendum and directed that the matter be brought back for discussion at its next meeting. On October 19, 2010, the Council directed that certain revisions be made to the proposed Ordinance and that it be brought back for further discussion. It has been revised consistent with Council direction as follows: • Franchises limited to total of two (2) • Merchandise limited to food and non-alcoholic beverages only • Eliminated vendor appearance requirements Submitting Department Head: Todd Morle Date: 11/4/10 Attachment: Ordinance No. 14-2010 Financial Impact: Franchise Fees would be determined at time of award through competitive bid. Impact would be positive. Reviewed by City Treasurer: Andrea Bowers Date: !1 L8110 The City Manager recommends that City Coun it take the following action(s): Adopt Ordinance 14-2010 Approved by City Manager: David L. GreenecV yM. Date: 11 q1 /p City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 14-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54, PARKS AND RECREATION, OF THE CODE OF ORDINANCES; AUTHORIZING THE CITY COUNCIL TO AWARD FRANCHISES FOR COMMERCIAL VENDING ACTIVITIES ON THE CITY'S BEACHES BY COMPETITIVE BID PURSUANT TO CERTAIN REQUIREMENTS AND RESTRICTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter provided that the use of the ocean beach for public recreational purposes was paramount to its use for any other purpose; see Ch. 63-1197, Article H, § 1(9), Laws of Fla ; and WHEREAS, consistent with this Charter provision, the City has traditionally restricted any commercial activities from occurring on its beaches; and WHEREAS, the City desires to permit limited commercial vending activities on its beaches in an effort to enhance and improve the experience of beach -goers; and WHEREAS, the safety, welfare and convenience of the persons that reside near the beaches of the City of Cape Canaveral and of the public that recreate on the beach are of the utmost importance to the City and to the City Council; and WHEREAS, it is the intent of this Ordinance to allow limited commercial vending activities on City beaches provided such activities do not adversely effect the safety, welfare and convenience of persons that reside near beaches and of the public that recreate on the beach; and WHEREAS, the City Council desires to permit commercial beach vending activities by franchise agreement pursuant to the conditions and Iimitations set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard City of Cape Canaveral Ordinance No. 14-2010 Page 1 of 6 County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 54. PARKS AND RECREATION ARTICLE I. IN GENERAL x x x Sec. 54-4. Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising programs or property of any kind or character in the following locations in the city: 1. All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots, except as authorized by franchise agreement pursuant to section 54-5. herein 2. All public parking lots and facilities for beach or park access, including dune crossovers. All publicly owned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, -which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. Sec. 54-5. Commercial Beach Vendor Franchises. wed. (a) Authority. The City Council may enter into franchise agreementsrg anting the right. privilege and franchise to use the sand beach areas within the Cit jurisdictional boundaries to solicit,_ canvass or merchandise for the sale of food and non-alcoholic beverages. Said franchise agreements shall be for the purpose of a particular person or entity operating a City of Cape Canaveral Ordinance No. 14-2010 Page 2 of 6 commercial beach vending business in the City in conformity with, and subject to, all provisions, terms and conditions of this section. A person's or entity's right to use the City's beaches for the franchise purposes stated herein shall not be exclusive_ and the City reserves the right to g r� ant the use of its beaches to any -person at any time during the period of any franchise awarded pursuant to this article. Award of franchise. All franchises Granted hereunder shall be awarded by the City Council through the submission and consideration of competitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of three (3) years and no more than two (2) franchises shall be in effect at any given time. In considering any bids submitted for a franchise under this section, the City Council shall consider the following criteria in addition to any criteria included in the bid specifications: The effects the proposed franchise would have on the public's use and enjoyment of the City's beaches; The effects the proposed franchise would have on public safety The performance history of the proposed franchisee, if any; The environmental impacts of proposed franchise activities: Public input; The ability of the bidder to comply with the minimum requirements of franchises under subsection (d); The prices offered for the sale of food and beverages; and Any other criteria deemed relevant by the City Council. LcI Franchise fee. The City Council may impose a franchise fee upon any person or entity that enters into a franchise agreement with the Cijy pursuant to this section. Minimum requirements offranchisees. If the franchisee is a corporation or other entity, it shall provide documentation that it is duly registered to conduct business in the State of Florida. Franchisee shall provide the City with a detailed description of the scope of its proposed_beach vending operation, including, but not limited to a description of the food and beverages to be sold; number and description of carts or other apparatus used to store or transport merchandise; name of each employee, and the proposed price of all merchandise. City of Cape Canaveral Ordinance No. 14-2010 Page 3 of 6 The principal of any franchisee and all persons conducting beach vendin activities on City beaches shall be subject to a back ound check. The City reserves the right to refuse to award a franchise or to terminate an existing franchise in the event any principal or any person conducting beach vending activities on Cit beaches has been convicted of a felony within the past five (5) years. Franchisees shall be required to furnish a fully paid commercial „general Iiabilitydamage and food and beverage liability insurance policy. Such insurance policy shall be procured by the franchisee from a company licensed to do business in the state. The policy must protect the city, its officers, agents, and attorne. spm any and all claims or dama eg s to property and or bodily injury which may result from or in connection with any of the operations carried on by franchisee, list the City as an additional named insured, and provide for deductible deemed acceptable b,r} the City Manager. The franchisee shall also provide proof of worker's compensation insurance at the limits provided by the Florida Statutes. Franchisees shall, to the fullest extent permitted by law, indemnify and hold harmless the City and its employees. officers. and attorneys from and against all claims, losses, damages, personal injuries (including but not Iimited to death), or liability (including reasonable attorney's fees), which directly or indirectly arise out of, or result from any act or failure to act of franchisee which in any way is related to franchisee's activities or services under the franchise. Prior to commencing vending activities under an „awarded franchise, franchisee must obtain and maintain in good standing all food, beverage, business tax and other local and state licenses. al Franchisee shall fully coml2ty with all terms and conditions of any franchise agreement with the Citi ( Manner and conduct ofbeach vending. Beach vending authorized by franchise under this section shall only be authorized between the hours of 9:00 AM and dusk daily and shall be conducted in a manner that is consistent with the public's use of the beach as a passive and active recreational facility and -with the public's expectation that activities and services provided on the beach will enhance one's enjoyment of their beach experience. As such, no person or entity operating under a commercial beach vendor franchise shall: Solicit a person whose eves are closed; Touch a person without consent during a solicitation; Continue a solicitation after receiving a negative response from the person solicited: City of Cape Canaveral Ordinance No. I4-2010 Page 4 of 6 Impede the free movement of any person, or Solicit using any loud sound, vociferous speech, boisterous conduct or profane or vulgar language. ff Identification requirements. Franchisees shall display their beach vending license so that it is visible to patrons, either on their person or on their vending_ apparatus, at all times while engaging in commercial beach vending-, The cart or other vending apparatus must display the prices for all items offered for sale. W Location of commercial beach vending. Commercial beach vending shall be prohibited within the followingareas: reas: fa Within conservation areas, dunes or other protected zones; Within beach parking areas: (3) Within pedestrian beach approaches; or Within 25 feet of any lifeguard tower or facility. Termination or suspension otfranchise. The City Council may terminate any franchise awarded under this section upon a finding_ that the franchisee has violated the provisions of this section or has defaulted under, or otherwise violated the franchise agreement. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the City of Cape Canaveral Ordinance No. 14-2010 Page 5 of 6 validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 14-2010 Page 6 of 6 Against Historic Markers Outline ., Agenda Item I) Which direction will we proceed? For property A and B? 1) Historic Plaques Small Matching Historic Preservation Grants by the Division of Historical Resources $2030, grant period October I It to December 15" ( ( seeprinout) not very graphic, text based, text and narratives have to be approved by the State, agreement needs to be signed with property owner. City would contribute matching funds of $2030. Recognizable as historical point of interest. Funds available after July I ". Strong and durable Attachments: Grants- Division of Historical Resources -pdf Bureau of Historic Preservation Online Grants System PDF 2) Historic Community Marker Lower cost can include graphics and text, no pre approval of narratives by the State. Built and designed by Iocal businesses. Wooden ones would need more maintenance, PV needs less. 11) Two possible locations. A) Artesia Post Office, private property Write up would include narrative about the township of Artesia and postmasters. Page 25. Historic Brevard Landmark Guide B) Manatee Center for marker for the Fuller Indian Burial Mounds, public property. Narrative could include the 1933 archeological findings of M.W. Sterling. Page 26 Historic Brevard Landmark Guide III) Bid information A) See Gosigns proof. Can be produced for $90.00 each. This price does not include artwork or installation. >Art charges are $50 per hour and sign installation is $50 per post. > Mike from Gosigns Example StAugMarkerl B) Space Mann signs vinyl added to wooden sign. (See quote) IV) Email exchange concerns about property ownership. A) Sept 22 Ray>Roz, there moving situation is on hold right now. But the community historic marker is in full swing. The city wants me to get some examples and pricing. Do you know who did the historic markers in Titusville? Not the the plaques but rather the colorful ones that are around the area? Sept 23 Roz>They were done by the Titusville CRA, cost about $8,000 each. A graphic design company in Melbourne did the work, but there are several around that does the same thing and quotes are a must. Roz Sep 23 Ray>Thanks Roz, couple more questions if I may. 1) If they are on private property is there a special agreement with the owner that should be signed. I mean if a owner wants to sell his property what happens to the marker? Or are on these markers on public property? 2) Secondly do you know of any grant money available from the state for items like this? Sep 24 Roz>These are on public property. However, if you would like to place on private property, there are "maintenance" issues and what happens to it when property is sold issues, etc. All concerns could be written into an "agreement of understanding" and signed by notary. The kiosk could be placed in the right of way in front of the property, which is owned by the City. Yes, small matching grants from the State are available for this. Match could be in-kind services and volunteer hours during the grant period for this project. You can go on line and get all of the grant info.www.flheritage.com/grants The next grant cycle opens Oct 1 and applications must be submitted by Dec 15 I think. Some of the dates have changed since last year, so check the website. Hope this helps. There are several companies who do this type of graphics and it pays to shop around for good prices. Good luck and keep me posted. Roz B) Dear Mr. Osborne: Thank you for your email and your interest in our historic markers! Yes, as you eluded to, match for the makers is different when you apply for a 2012 historic marker Small Matching Grant. Unlike the other grant projects, match must be 100% cash. No in-kind or volunteer services are eligible because your match is solely payment of half the price of the marker, which costs approx. $2030.00 (for a one-sided marker). Also, another important aspect of this application is the fact that your marker text must be pre -approved by the Florida Historic Marker Council and our Department's Historic Marker Program before you would be eligible for the grant. The contact person for our Historic Marker program is Michael Zimny. He can assist you with the marker application process. His phone number is 850-245-6365 and his email is MFZimnyedos.state. fl. us. Thank you and good luck with your project. >Crista M. Hosmer, M.A., FCCM Historic Preservation Grants Specialist Bureau of Historic Preservation Division of Historical Resources Florida Department of State R.A. Gray Building 4th Floor 500 South Bronough Street Tallahassee, Florida 32399 j =4 .J• 2 � a � t i I a�� e Ir „ 1 ' x ti ��,YkkII` _f igi}•'y j L�`1 �'i-Rr�-t V �r ts�".� ,1�R1 "€i I Mia Goforth From: Angela Apperson Sent: Thursday, October 21, 2010 8:35 AM To: Ray Osborne Cc: David Greene; Ray Osborne; Mia Goforth Subject: RE: Please print this out for out for our package.Fwd: Hello, I'm a historian from Cape Canaveral. can you assist me please? Ray, have printed the e-mail as requested. I still await your agenda cover sheet. The cut off for the 11/4/10 meeting is today at 4:30. Thanks, Angie Angela M. Apperson, CMC City Clerk/Human Resource and Risk Management Services City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 www. citvofcar)ecanaveral. orz Office Phone: 321-868-1220 Office Fax: 321-868-1248 Jt Please note my new e-mail address: a.apperson@cityofcapecanaveral.org From: Ray Osborne [mailto:rkol53@gmail.com] Sent: Wednesday, October 20, 2010 11:05 PM To: Angela Apperson Cc: David Greene; Ray Osborne Subject: Please print this out for out for our package.Fwd. Hello, I'm a historian from Cape Canaveral. can you assist me please? Angela, can you print this email from Crista from our states heritage department out for our package? If the city council wants me to apply for the grant for historic markers then we need to review this information at the next earliest city council meeting as we are in the grant application period now. I think in the logic flow of this project, we need to decide if we are going down this road first. If not, then I will get quotes for the historic markers I had originally planned. This should not take up a lot of time. Please note, I don't mind pursuing this grant if we have the city's support for it although I didn't originally think it was practical. On Fri, Oct 8, 2010 at 11:11 AM, Hosmer, Crista M. <CMHosmer dos.state.fl.us> wrote: Angela Apperson From: Ray Osborne [rkol53@gmail.coml Sent: Wednesday, October 20, 2010 91:05 PM To: Angela Apperson Cc: David Greene; Ray Osborne Subject: Please print this out for out for our package.Fwd: Hello, I'm a historian from Cape Canaveral. can you assist me please? Angela, can you print this email from Crista from our states heritage department out for our package? If the city council wants me to apply for the grant for historic markers then we need to review this information at the next earliest city council meeting as we are in the grant application period now. I think in the logic flow of this project, we need to decide if we are going down this road first. If not, then I will get quotes for the historic markers I had originally planned. This should not take up a lot of time. Please note, I don't mind pursuing this grant if we have the city's support for it although I didn't originally think it was practical. On Fri, Oct 8, 2010 at 11:11 AM, Hosmer, Crista M. <CMHosmer@dos. state. fl.us> wrote: Dear Mr. Osborne: Thank you for your email and your interest in our historic markers! Yes, as you eluded to, match for the makers is different when you apply for a 2012 historic marker Small Matching Grant. Unlike the other grant projects, match must be 100% cash. No in-kind or volunteer services are eligible because your match is solely payment of half the price of the marker, which costs approx. $2030.00 (for a one-sided marker). Also, another important aspect of this application is the fact that your marker text must be pre -approved by the Florida Historic Marker Council and our Department's Historic Marker Program before you would be eligible for the grant. The contact person for our Historic Marker program is Michael Zimny. He can assist you with the marker application process. His phone number is 850-245-6365 and his email is MFZimny@dos.state.fl.us. Thank you and good luck with your project. Thank you, Crista Hosmer Mia Goforth From: Angela Apperson Sent: Friday, October 08, 2010 12:07 PM To: Ray Osborne Cc: David Greene; Mia Goforth; Kim McIntire Subject: RE: Supporting documents for the historic marker program. Ray, Thanks for these documents. The cutoff date to submit items for the 10/1.9/10 meeting was 10/12/10. The cutoff date for the 11/4/05 meeting is 10/22/10. 1 will need you to complete the Agenda Cover Form and return it by that date. Thanks, Angie Angela M. Apperson, CMC City Clerk/Human Resource and Risk Management Services City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 www. citvofcanecanaveral. ora Office Phone: 321-868-1220 Office Fax: 321-868-1248 0 Please note my new e-mail address a_apperson e,cityofcapecanaveral.org From: Ray Osborne [mailto:rko153@gmail.com] Sent: Thursday, October 07, 2010 11:33 PM To: Angela Apperson; Ray Osborne Subject: Re: Supporting documents for the historic marker program. Another document to add to our agenda item. On Thu, Oct 7, 2010 at 11:28 PM, Ray Osborne <rko 153 gmail.com> wrote: :Please add this attached to the package for my next agenda item on the historic marker. Florida has a very broad public records lave. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public andlor media upon request, unless otherwise exempt. Under Florida Law, 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 email to this entity. Instead, contact our office by phone or in writing. 2011 HISTORIC PRESERVATION SMALL MATCHING GRANTS-IN-AID MAIN STREET PROJECTS AS RECOMMENDED BY THE PROTECTION & EDUCATION GRANTS REVIEW PANEL MARCH 22, 2010 "' All Main Street projects have been recommended by the Protection & Education Grants Review Panel for Legislative Funding. Project Title Organization County Recommended Award National Trust Main Street Center NTMSC) Project National Trust Main Street Center of the National Trust for Historic Preservation Statewide $40,000 TOTAL RECOMMENDATION FOR MAIN STREET PROJECTS: $40,000.00 2011 HISTORIC PRESERVATION SMALL MATCHING GRANTS-IN-AID NON-MATCHING STATEWIDE PROJECTS AS RECOMMENDED BY THE PROTECTION & EDUCATION GRANTS REVIEW PANEL MARCH 22, 2010 All Special Non -Matching projects have been recommended by the Protection & Education Grants Review Panel for Legislative Funding. Project Title Or antzatiort Coun Recommended Award Florida Civil War Heritage Trail Florida Association of Museums Statewide $39,600.00 Rosenwald School Survey, Inventory & MPS Phase 2 Riverside Avondale Preservation Multiple $50,000.00 TOTAL RECOMMENDATION FOR NON-MATCHING STATEWIDE PROJECTS: $89,600.00 2011 HISTORIC PRESERVATION SMALL MATCHING GRANTS-IN-AID HISTORICAL MARKER PROJECTS AS RECOMMENDED BY THE PROTECTION & EDUCATION GRANTS REVIEW PANEL MARCH 22, 2010 All Historic Marker projects have been recommended by the Protection & Education Grants Review Panel for Legislative Funding. Project Title Organization County Recommended Award Jerkins High School Historical Marker Taylor County Leadership Council, Inc. Taylor $965.00 First Baptist Church of Boca Grande Historical Marker Lee County Lee $965.00 E.H. Gato Cigar Factory Historical Marker I Monroe County I Monroe 1 $965.00 TOTAL RECOMMENDATiUN FOR H15TUKIC MARKER PROJECTS: $2,595.00 10/7/2010 Grants - Division of Historical Resources } Help Us Improve Our Website! Search Division HISTOR(tAL RESOURCES Keyword Historic Preservation Grant Info Small Matching Special Category Museum Grants Florsda Arts Grants ..,......�..,.. ....,......z..,..� ,.......w . � . �.,�, .....,. .,....� ... Small Matching Historic Preservation Grants • NEW2009 Small Matching Funded Grants (PDF, 34kb) • Apply Online • Grant application deadlines. Purpose To assist in the identification, excavation, protection, and rehabilitation of historic and archaeological sites in Florida; to provide public information about these important resources; and to encourage historic preservation in smaller cities through the Florida Main Street program. Examples of Projects Types of historic preservation projects that can be funded include Acquisition and Development projects (including excavation of archaeological sites and building rehabilitation, stabilization or planning for such activities); Survey and Planning activities (including surveying for historic properties, preparing National Register nominations, and preparing ordinances or preservation plans); and Community Education projects (such as walking tour brochures, educational programs for school children, videos illustrating historic preservation principles, and Florida Historical Markers). Who Can Apply Departments or agencies of the state (including universities), cities, counties and other units of local government, and not-for-profit organizations. Schedule The application period begins October 1 and ends December 15. Applications must be postmarked by the deadline. Funds are available after July 1. Review Process All applications are evaluated in the spring on a competitive basis by Grant Review Panels appointed by the Secretary of State. The applications are evaluated on historic significance, endangerment, appropriateness of the preservation treatment proposed, administrative capability of the organization, adequacy of technical and financial resources, educational potential, economic benefits, and public good resulting from the project. Panelist_Norrinat ions_ Amount of Typical Grant Award/ Requirements for Match The maximum matching grant award is $50,000. The grantee will be required to provide a matching share equal to the Grant Award in cash or in-kind services. • ,.----., �e -!^rpt" 9, e�i 'i fir. iP j ..� Y'. www.flheritage.com/grants/preservation/ 1/2 10/7/2010 Grants - Division of Historical Resources p14 Note: Under the Rural Economic Development Initiative (REDI), certain rural orPOW ,.. economically distressed counties or communities have been designated as REDI qualified pursuant to Section 288.0656, F.S. Applicants for projects within a REDI qualified area, as of the application llahassee City Cemetery deadline, are eligible to receive a complete waiver of match requirements. In order to receive a waiver, each application submitted must include a letter from the designated county or community requesting such a waiver pursuant to Section 288.06561, F.S. The REDI program is administered through the Governor's Office of Trade, Tourism, and Economic Development. The list of counties and communities eligible for financial match waivers is reviewed annually and is available at the following location; Rural Communities List. Siternap Contact Us People & Programs DOS Customer Satisfaction Survey Copyright ©2010 State of Florida Privacy Statement Department of State Menu Go;I' www.flheritage.com/grants/preservation/ 2/2 Space -Mann Signs 100 East Central Blvd Cape Canaveral, FL32920 For: Ray Osborne Proposal for vinyl attached to 18" X S" wood Signs One sided Set up fee $30.00 per design •Full color Printed Vinyl $18.00 each - UV over lamination $10.00 each •Clear poly over coat /sealant $10.00 each