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HomeMy WebLinkAboutPacket 09-21-2010 RegularCALL TO ORDER: City of Cape Canaveral CITY COUNCIL MEETING NAVERAL LIBRARY MEETING ROOM Ik Avenue, Cape Canaveral, Florida Tuesday September 21, 2010 7:00 PM PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: 7:00 p.m. — 7:05 p.m. AGENDA Brevard County SherifFs Office — Recognition of Deputy of the Month REPORTS: 7.05 p. m. — 7:10 p. m. City Attorney AUDIENCE TO BE HEARD: 7:10 p.m. — 7:25 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 7.25 p.m. — 7:30 p.m. 1. Approve Minutes for Regular City Council Meetings of June 1, 2010 and September 7, 2010. 2. Historical Marker Program. 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com %City of Cape Canaveral, Florida September 21, 2010 Page 2 of 3 ORDINANCE: First Public Hearing: 7:30 p.m. — 7:45 p.m. 3. Motion to Approve: Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading. ORDINANCE: First Public Hearing: 7:45 p.m. — 8.00 p.m. 4. Motion to Approve: Ordinance No. 13-2010, Amending Chapter 10, Amusements and Entertainments, of the Code of Ordinances; Regulating Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading. RESOLUTION: 8:00 p.m. — 8:95 p.m. 5. Motion to Approve: Resolution No. 2010-22, revising City Code Appendix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article III. ORDINANCE: First Public Hearing- 8:15 earing:8:95 p.m. — 8:30 p.m. 6. Motion to Approve: 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, at First Reading. REPORTS: 8:30 p.m. — 9:00 p.m. 7. Council. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person City of Gape Canaveral, Florida September 21, 2010 Page 3 of 3 may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0912112010 Subject: Deputy of the Month for August 2010 Department: Brevard County Sheriff's Office — Canaveral Precinct Summary: During the months of July and August 2010, numerous businesses in the City of Cape Canaveral, Rockledge, Malabar, Viera, West Melbourne, Cocoa Beach, Cocoa, and the unincorporated area of Canaveral Groves were burglarized. The suspects in these cases struck businesses that primarily dealt with cash transactions and that could be compromised via the interruption of their security measures. As a result of multiple cases originating in the City of Cape Canaveral, Agent Jennings took it upon himself to reach out to numerous businesses and advised them of what steps they could take to mitigate any potential losses during a burglary. This included backing up their alarm systems and taking additional steps to harden their overall security. As a direct result of this intervention, a suspect was captured burglarizing a business within the City of Cape Canaveral. A subsequent interview by Agent Jennings led to the discovery of multiple other suspects that were involved in the other burglaries. Armed with this information, Agent Jennings subsequently coordinated the issuing of subpoenas, set-up electronic and physical surveillance and called for meetings with other agents and detectives from the Rockledge Police Department. As the investigation continued, Agent Jennings continued to press forward and authored a court order and two search warrants. During the execution of the warrants, thousands of dollars worth of currency, electronics, cameras and other valuables were recovered. Agent Jennings hard work was instrumental in the successful closure of numerous business burglaries throughout Brevard County. The innovative and proactive techniques used by Agent Jennings to address the criminal activity were instrumental in solving the crimes and bringing a sense of closure to the victims. Due to his tireless work, a total of nearly twenty business burglaries were solved and a total of five suspects were ultimately arrested. Each of these suspects was charged with multiple counts of burglary, grand theft, conspiracy to commit burglary and other offenses. Financial Impact: lvall , //le Reviewed by City Treasurer: Andrea Bowers //;/ Date: 91ANI to Attachments: None Submitting Department Head: CommanderAlan Moros Date: 09-1I14-10 Approved by City Manager: 0�� Date: 7/1-10° City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY June 1, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:01 P.M. ROLL CALL: Council Members Present: Mayor Rocky Randels Council Member Bob Hoag Council Member Shannon Roberts Council Member Betty Walsh Council Members Absent: Mayor Pro Tem Buzz Petsos Others Present: Acting City Manager Angela Apperson Acting City Clerk. Mia Goforth City Attorney Anthony Garganese Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Parks & Recreation Director Robert Lefever Building Official' Todd Morley Planning & Development Director Barry Brown Assistant Fire Chief John Cunningham Sheriffs Department Commander Alan Moros Sheriffs Department Lieutenant Mike DeMorat PRESENTATIONS: Brevard County Sheriff's Office — Recognition of Deputy of the Month Commander Alan Moros honored two Deputies, Raul Guerra and Jason Holmes, for their work in preventing a young man from harming himself through quick investigation City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2090 Page 2of7 of the situation and quick action in finding him. Commander Moros read an excerpt of a letter from the young man's parents, thanking the Sheriff's Office and the Deputies involved. Interview of Prospective Board of Adjustment Alternate Member City Attorney Anthony Garganese conducted a public interview of Arvo Eilau. The Council proceeded to ask Mr. Eilau additional questions to get an idea of his background and interest in volunteering for a City Board, then formally welcomed him to the City and thanked him for his volunteering. REPORTS: City Manager Ms. Apperson reported the compilation of staff's evaluations of priorities. She requested setting a date for a Workshop meeting to discuss the priorities in planning and establishing a budget for the immediate year and planning for the years ahead. Council reached consensus to hold a Workshop meeting to discuss the priorities on June 15th at 5:30PM. Ms. Apperson then articulated the City of Cocoa's projected water rate hikes, 9% in July and 8% next January, and asked what the Council would like her to report on their behalf when she attends Cocoa's Public Hearing on June 8th. Discussion ensued and included the impact on the City of Cape Canaveral's budget, the size of and reasons for the proposed rate increases, the impact on condominium owners, and budgetary problems with changing rates mid -year. Council reached consensus to have Ms. Apperson speak on their behalf at the upcoming City of Cocoa Public Hearing on June 8fh to expand on her first point at the Hearing by adding the specific impact the rate increase will have on condominium complexes, and to ask the City of Cocoa if they can get Federal or State funding to help with their costs. Sheriffs Department Commander Moros mentioned the possibility of entering into an interlocal agreement with the unincorporated area known as Avon -by -the -Sea to provide law enforcement services from the Cape Canaveral Precinct. Discussion ensued and included manpower concerns, call loads, Cape Canaveral Precinct Deputies already responding to top priority calls rather than Merritt Island Precinct Deputies, trying the interlocal agreement for a year, and losing Port funding for the Cape Canaveral Precinct in the near -future. Council reached consensus for the Sheriffs Office to continue the planning stages of an interlocal agreement. Commander Moros then briefly mentioned the Police Athletic League Flea Market at the next Friday Fest. Lieutenant Mike DeMorat reported on beach vending and how the mean -high water line, or "wet sand" area of the beach, falls under jurisdiction/ownership of the State of Florida, which has no mechanism for enforcing laws relating to vendors on the wet sand. Discussion ensued City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 3 of 7 and included exceptions to the mean -high water line jurisdictional issues and other ways to enforce the vendor laws. City Attorney Garganase was requested to investigate the matter further, along with continuing to speak with Submerged Lands Program personnel in regards to this situation. Community Development Building Official Todd Morley reported on 8740 Croton Court, updating that the owner's attorney was successful in getting Chase to pay for the repairs in addition to punitive damages. However, there has been no permit filed at this time. City Historian Ray Osborne reported that the owners of 120 Oak Lane, who may want to sell their property, have indicated that they would be willing to donate the historic 1920's Chandler log cabin, located on the property, to the City. Discussion ensued and included the cost of moving the cabin and the possible locations where it could be placed. Council reached consensus to place this discussion as an agenda item for a future meeting after more information has been gathered on preliminary figures and more history of the structure. Mr. Osborne also mentioned a possible City register of historic properties and an update on the Jeannie Day in June, including Cocoa Beach having no proprietary rights on the event, withdrawing any notion that the event will be an official City Council event, and that Mr. Osborne, himself, will take over the event. Public Works Public Works Director Walter Bandish reported on Washington Avenue and its related repair needs. Ms. Apperson stated that two other roads in question, Church Lane and Columbia Drive, were found to be substantially sufficient in condition, a statement which Mr. Bandish confirmed. Discussion in regards to Washington Avenue ensued and included the conditions of the road, any possible recourse to fix the road, and amending the agreements with Brewer Paving and the Ridgewood contractors. Council reached consensus to have Ms. Apperson explore the cost of fixing Washington Avenue along with quotes for the other two roads and using Brewer Paving as part of the Ridgewood project and to schedule further discussion of this issue for later. Parks & Recreation Parks & Recreation Director Robert Lefever reported on the racquetball court lighting project reaching completion at $2000 under budget, construction on the awning of the Youth Center being completed, gratitude to Commander Moros in lining up an excellent contractor for the awning project, and the upcoming Friday Fest. City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 4 of 7 City Attorney Attorney Anthony Garganese reported on the ongoing inspection situation at Royal Mansions, a letter regarding updated sewer easements at Harbor Heights, and an update about the concrete in the Stormwater pipes that was discussed at the last meeting. Mr. Garganese went on to discuss the hard work staff had done in gathering information on the concrete in the pipes, an eyewitness specifically identifying which contractor's trucks were washing concrete into the pipes, a plan to send a letter of demand to the contractor advising them of the repair work the City is going forward with, asking for the contractor's insurance information, and to put them on notice to preserve any and all evidence related to the situation. Council reached consensus to support the letter of demand. AUDIENCE TO BE HEARD: Leo Nicholas, resident, expressed concerns on City of Cocoa Water raising its rates by 17% over a six-month period and how much the residents of Avon -by -the -Sea would be paying if they received police services from the Cape Canaveral Sheriffs Precinct. Ms. Apperson clarified a few points in regards to Cocoa Water and stated that information would need to be gathered on how much the residents in Avon pay for police services. The Council thanked Mr. Nicholas for fixing the portrait of a former Cape Canaveral Mayor. An audience member requested more information on the Cocoa Water budget and Ms. Apperson responded with ways she could provide them the relevant information. David Schirtzinger, of 314 Surf Drive, inquired about cars parking in City rights-of-way on Ridgewood .Avenue. He mentioned talking about the issue with Ms. Apperson and Commander Moros and taking photos of the areas in question. Discussion ensued and included the lack of a relevant City ordinance for parking on grass strips and interest in creating an ordinance. Commander Moros stated that there are applicable ordinances and statutes against blocking or parking on the pedways and sidewalks and that vehicles are continuing to, be cited for those infractions. Council reached consensus to have City. Attorney Garganese draft a City-wide ordinance on parking in City rights-of-way.' CONSENT AGENDA: Approve Resolution No. 2010-08; Appointing Second Alternate Member to the Board of Adjustment, Arvo Eilau. 2. Approve Proclamation Recoqnizinq June 6, 2010 through June 12, 2010 as Management Week as requested by the National Management Association. City of Cape Canaveral, Florida City Council Regular Meeting June 01, 2010 Page 5of7 A motion was made by Ms. Roberts and seconded by Mr. Hoog to approve Consent Agenda items 1 and 2, and to read aloud the Proclamation in item 2. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Mayor Randels read aloud the National Management Association Management Week Proclamation; Ray G. Polniak of the United Space Alliance spoke of the Associations. CONSIDERATION/DISCUSSION: 3. Approve Contract and Salary for David L. Greene as City Manager of the City of Cape Canaveral as Presented by Colin Baenziger and Associates. Colin Baenziger of Colin Baezinger and Associates introduced himself, discussed David L. Greene having been chosen by the Council at the last meeting, and Mr. Greene being in the room at this meeting for this phase of the discussion. Discussion ensued and included how to come to an agreement, on provisions of the contract, how to proceed, City Attorney Garganese distributing comments by Mayor Pro Tem Petsos as he was too ill to attend this meeting, and salary and other benefits considerations. Mr. Greene discussed what he felt would be an appropriate salary for his position and years of relevant experience, understanding the effects 'of the current economy, stating his absolute minimum acceptable salary, difficulty in finding a `suitable residence within the City at the time, his preferences in regards to a retirement account, and that he would withdraw himself from consideration for the position of City Manager if the Council cannot agree to his requested base salary amount. Council Discussion ensued and included the Council reiterating their individual opinions on salary, Mr. Greene discussing the challenges the job will present him that he is prepared for, and the "return on investment" in hiring Mr. Greene over other candidates. A motion was made by Ms. Roberts and seconded by Mayor Randels for Mr. Greene's salary to be $99,500, with $3501month car allowance, and a performance review in six months. The motion carried 3-1 with :the voting as follows: Mr. Hoog, Against; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion ensued and included Mr. Greene's plans on where to live, how and when he intends to begin working for the City, contract issues such as severance and vesting, and considerations for Mr. Greene's moving costs. Council reached consensus to get 3 bids on the moving costs, to be capped at no more than $5000. 4. Approve Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch -- Renewal of Contract (with Black's Spray Service) for an Additional Year of Service. Assistant Public Works Director Jeff Ratliff stated that City staff is very happy with Black's Spray Service, the low bidder, in regards to the work they have done in the past year. A motion was made by Ms. Roberts and seconded by Ms. Walsh to renew Black's Spray Service's contract for the next year at the same price as the previous year's contract. The motion carried 4-0 with the voting as follows: Mr. City of Cape Canaveral, Florida City Council Regular Meeting June 09, 2090 Page 6 of 7 Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 5. Discussion of Outdoor Entertainment Permit Fees. Building Official Todd Morley reported that the Outdoor Entertainment Permit Fee is still $500 per day per event, and that John Porter's weekly weekend Farmers Market has been billed with each weekend being considered a separate event, ending up with the bill standing at $5000. Council discussion ensued and included a proposal of the Council forgiving or waiving fees to no more than $500 owed, whether forgiving or waiving of fees is legally in the Council's ability, possible restructuring of the permit fees for the future, the content of Joyce Hamilton's letter to the Council, the limitations of the City's current Business Tax License categories, and proposing an ordinance be created to resolve these issues. A motion was made by Ms. Roberts and seconded by Mr. Hoog to forgive the Outdoor Entertainment Permit Fees owed by John Porter's Farmers Market to no more than $500. City Attorney Garganese discussed the current ordinance, the Council's ability to waive permit fees, the fairness of waiving fees, and the type of event. Mr. Porter stated that he would be willing to pay what the City's "out of pocket" costs were for dealing with the Farmers Market beyond the $500, that $5000 is too much, and that he would be in favor of a change in code. Discussion ensued and included needing to revise codes in the future to allow for Farmers Markets. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion ensued regarding another aspect of Ms. Hamilton's letter in regards to creating a "tiered" set of application fees for smaller events. Council reached consensus for this item to be brought back at a later date for consideration. 6. Discussion and necessary action -related to Annual and Sick Leave. Ms. Apperson requested that no action be taken and for this item to be placed on the next agenda as the resolutions pertaining to this matter had not been solidified yet. Council reached consensus to table this item until the next Council meeting. 7. Discussion and necessary action related to the Charter Review Meeting Schedule. Ms. Apperson reported that she had discovered the previously approved work schedule for the Charter Review to be flawed and provided a revised, accelerated schedule to Council for consideration. Discussion ensued and included the updated schedule's meetings, ad placements, readings, and deadline requirements of the Supervisor of Elections. Council reached consensus to accept and use the proposed revised work schedule and move the schedule forward. 8. Consideration and necessary action for Specimen Tree Removal at 126 Sabal Drive. City of Cape Canaveral, Florida City Council Regular Meeting June 09, 2010 Page 7 of 7 Mr. Morley reported on a property owner requesting permission to cut down a specimen tree on their property which is encroaching on an add-on structure of theirs. Discussion ensued and included the size of the tree requiring Council's approval rather than just administrative approval from the Community Development Department, the tree being of notable significance and older than the add-on structure in question, and the lack of evidence that the add-on structure was ever officially approved. A motion was made by Ms. Roberts and seconded by Mayor Randels to deny the application to remove the specimen tree. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was made by Ms. Roberts and seconded by Ms. Walsh to extend the Council meeting an additional 10 minutes. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 9. Discussion of 2010 Transportation Priorities. Ms. Apperson discussed the Space Coast Transportation Planning Organization (TPO) projects in the City, explaining that they're the same projects that the City had been working on over the past 7 years. Ms. Apperson stated that the TPO projects had already been submitted, apologized for not com'in'g to Council with them prior to submittal, but felt certain that the timely submittal of the TPO projects was important in meeting deadlines. Discussion ensued and included how the TPO handles different projects, which kinds of funding are used, possibly needing to purchase private land for the projects, swapping land for projects, having "workable" intersection lights, and changes to the TPO priorities in the past. A motion was made by Ms. Roberts and seconded by Mayor Randels to officially approve the TPO projects as submitted. The motion carried 4-0 with the voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:09 P.M. Rocky Randels, MAYOR Mia Goforth, Acting City Clerk CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I I Polk Avenue, Cape Canaveral, Florida TUESDAY September 7, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:01 P.M. and led the pledge of allegiance. 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 L. Greene City Attorney Anthony Garganese Parks and Recreation Director Robert Lefever Assistant Public Works, Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Cmdr. Alan Moros Assistant Fire Chief John Cunningham City Clerk Angela Apperson PROCLAMATION: Approve a _Proclamation designating September 13, 2010 as Commodore John Barry Day: Mayor Randels read the proclamation into the record and explained there will be a ceremony at Jetty Park on September 11, 2010. REPORTS: City Attorney Garganese: • Provided an update on the Royal Mansions Litigation. • Indicated the finalized Beach Vendor Ordinance was sent to City Staff today and he anticipated having the first reading at the next Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 2 of 6 • Indicated there is a hearing before the bankruptcy judge tomorrow relating to the Code Enforcement issues at 6395 N. Atlantic Avenue. Council Member Roberts asked if an administrative process would be presented with the Beach Vending Ordinance. City Manager Greene indicated the Ordinance outlines the process and requires a competitive bid process and award of a limited number of franchise agreements. AUDIENCE TO BE HEARD: Mayor Randels read from Section 2-66 of the Code of Ordinances and noted the rules of conduct for individuals who are speaking to the Council. He apologized to Building Official Morley for allowing someone to make disparaging remarks about him at a prior Council Meeting. • Ms. Joyce Hamilton commended the City,, the Recreation Department, Sheriff's Office and Fire Department for all the work they do to make the Friday Fest such a success. • Mr. Leo Nicholas reminded everyone of the 9-11 Memorial Ceremony that will be held at the VFW on Saturday beginning at 9:00 a.m. CONSENT AGENDA: Mayor Randels noted an additional item to be added to the Consent Agenda and inquired if any items are to be removed from the Consent Agenda for discussion. Mr. Leo Nicholas requested`Itemi Number 6 be removed from the Consent Agenda. 1. Approve Minutes for Regular Cily Council Meetin of May 18 2010 and Au ust 17, 2010. 2. Approve Resolution No. 2010-16 reappointing a Regular Board Member to the Planning and Zoning Board; Mr. R: Lamar Russell. 3. Approve a. waiver of any and all fees for the Annual Fall Festival & Chili Cook Off on 1019110 and the Annual Monster Mash Halloween Party on 10129110. 4. Approve Resolution No. 2010-17 waiving vesting requirements for City Manager David Greene in the Florida Munici al Pension Trust Fund Defined Contribution and Deferred Compensation Programs, Plan Number 62305• and providing an effective date. 5. Approve Annual Extension of the Street Sweeping Services Contract in the Amount of $8,304.24 to USA Services of Florida Inc. City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 3 of 6 6. Approve the use of Unbud eted Funds for Construction of Stormwater Improvements at two Presidential Street locations 364 Polk Avenue and Fillmore Avenue East of Ridgewood Avenue in the amount of $19,612.00 to Atlantic Development of Cocoa Inc. 7. Approve an Alcohol Exemption Permit for Shen Guidera fora private wedding at Manatee Sanctua Park on December 4 2010. 8. Authorize the Mayor to send a letter to Fair Districts Florida indicating the City's Support for Amendments 5 and 6. Add On Item: Ceremo . an Outdoor Er -mit and a street Post 10131 A motion was made by Ms. Roberts and seconded by Mr. Petsos, that,we..approve items one, two, three, four, five, seven, eight and 9 (add on item). The motion carried 5-0 with voting as follows: Mr. Hoog, , For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Item # 6: Assistant Public Works Director Jeff Ratliff explained the need for these improvements. Discussion ensued and included whether or, not engineering studies are needed prior to proceeding with this work; whether.. changing the size of the inlet will solve these problems; and whether the size .of the p'[pe needs to be increased at the Fillmore Avenue site. A motion was made by Ms. Roberts and seconded by Ms. Walsh, I recommend that we approve consent agenda item six and see how that first phase works and if there is a problem, I'm sure staff will come back to us and recommend corrective action at that time. Council Member Petsos indicated he supports this action. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 9. Motion to Approve: Ordinance No. 10-2010, Annexing One (1) Parcel of Real Property Containing .67 Acres More or Less Generally Located at 315 Grant Avenue in Unincor orated. Brevard Counly, Florida and Legally Described Herein into the Municipal Boundaries of Cape Canaveral; Providing for the Amendment of Cape Canaveral Charter; Providing for the Filing of the Revised Cape Canaveral Charter with the Department of State, Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions, Severability, and an Effective Date, at Second Reading: Attorney Garganese read the title of the Ordinance into the record. Mayor Randels noted the item was advertised on 8118110 and 8125110. He also indicated the Ordinance passed first reading on 8117110. A motion was made by Mr. Petsos and seconded by Mr. Hoog, for approval of Ordinance 10-2010. The public hearing was opened. No comments were received and the public hearing was closed. Council Member Hoog City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 4 of 6 asked for clarification on who will be responsible for street repairs. Mr. Greene indicated currently Brevard County is still responsible; however this is something that will need to be researched if further annexations are proposed. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 10. Funding for the Cape Canaveral Libra for Fiscal Year 2010111: Mayor Randels expressed his concerns over the cuts at the Cape Canaveral Library. Mr. Greene indicated there are moneys in the proposed 2010111 budget for the purchase of books. He also indicated he met with County Library Director Schweinsberg. Discussion ensued and included whether the City should study taking,over the library services; how much money do the citizens of Cape Canaveral contribute to the County Library system; whether the Council wanted to add additional funding for a full-time Library director, part-time Librarian 1 and additional dollars for media or books to be purchased; what is the recommendation of the Library Staff, Library Board and Friends of the Library; and whether the City could break away from the County System and have the County pay the City to use our facility. A Consensus was reached to obtain the amount of county taxes collected from our City ,residents for funding of the County Library System; receive input from the County Library Director; the Cape Canaveral Library Director; the Cape Canaveral 'Library,. Board and the Friends of the Library before allocating any additional funding. 11. Request from Charles Pindziak to remove John Porter as a member of the Vision Committee. Council Member Roberts expressed her desire for staff to deal with this administratively and internally within the City Manager's Office. Motion by Mr. Randels, seconded by Mr. Hoog, that we discuss this item. The motion carried 4- 1, with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels; For; Ms: Roberts, Against and Ms. Walsh, For. Comments were received from Mr. Bob Baugher, Tony Sasso, and Phill Laurien, in support of Mr. Porter remaining on the Vision' Committee and the great work he has done to pull individuals together to work for improvements along the A1A corridor from the Port south to Patrick Air Force Base., Mr. Pindziak expressed his feelings on the issues that surround Mr. Porter's service .on ,the Committee and why he feels Mr. Porter should be removed from the Vision Committee. Discussion ensued and included whether there were two separate issues, one. being Mr. Porter's service on the Committee and the issues surrounding the property owned by Banana River LP at 6395 N. Atlantic Avenue, which Mr. Porter is part owner in the Company; whether the property owner can act as his own contractor, the need for workers compensation/general liability insurance of all individuals working on the property; the property owners continued efforts to resolve the Code Enforcement Issues; and the lack of progress on the building's repairs. Mr. Schirtzinger expressed his feelings that these are two separate issues and encouraged Council to allow Mr. Porter to remain on the Vision Committee as he was selected as the Chair from among the members of the Vision Committee. During the discussion, City of Cape Canaveral, Florida City Council Regular Meeting September 7, 2010 Page 5 of 6 Mr. Hoog requested a consensus of the rest of the Council to have the City Attorney investigate his questions about the owner doing work on the property as well as the need for worker's compensation and general liability insurance for all workers. No clear indication of a consensus was recorded by the City Clerk. Council Members Petsos, Roberts and Walsh expressed their desire for Mr. Porter to remain on the Committee and Council Members Hoog and Randels urged for removal from the Committee. 12. Recommendation from the Planning and Zoning Board that the City Council direct staff to prepare an ordinance amending the City Code to add "assisted living facilit)e' as an allowable use: Planning and Development Director Brown explained the request and the recommendation of the Planning and Zoning Board to add Assisted Living Facility as an allowable use within the City. Discussion included concerns over the evacuation planning for this type of facility; the StateMandate and approval process for an evacuation plan and the requirement for Brevard County Emergency Management to also approve the evacuation:. plan. A motion was made by Ms. Roberts, and seconded by Ms. Walsh, to have staff prepare an Ordinance amending the Code to add Assisted Living Facility in ,the City. City Manager Greene explained the work to prepare the Ordinance was proposed to be done by Mr. Ringdahl's consultant and would also include information that will assist in the development of Form Based Codes, the. Mixed Use Overlay District, as well as a number of other items. He wanted to ensure the Council understood if Mr. Ringdahl's project received approval after the Ordinance was created,, he was requesting a credit toward fees in an amount equaling $18,450.00, which is 500/6 of the cost of the planning work. Mr. Greene indicated this would make a giant leap forward in addressing many of the items from the Visioning effort. He encouraged Council's support of this assistance, as it will help to move these 'items forward in a timely manner. Mr. John Johanson objected to having the ,developer. write the ordinance and felt City funds should not be used on private development. Mr. Leo Nicholas did not support the proposal; as he felt the developer was then expecting approval of his project. Mr. Greene clarified the Developer is well aware the project still has to go through the approval process and there are no guarantees. Council Member Petsos wanted to clarify that this Council is not against an Assisted Living Facility. The motion carried unanimously with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. REPORTS: 13. Council Council Member Hoog: • Requested an update on acquisition of easements for the Harbor Heights Stormwater Project. Attorney Garganese indicated four or five of the six required easements have been obtained. 0 Noted the sidewalk on N. Atlantic Avenue looks very nice. City of Cape Canaveral, Florida City Council Regular Meeting Septernber 7, 2010 Page 6 of 6 Mayor Pro Tem Petsos • Asked about the health benefits renewal and wanted to ensure the City would obtain a quote from the Florida League of Cities. City Clerk Apperson responded in the affirmative. Discussion ensued and included price should not be the only factor considered; the desire of Council to reduce costs and require a contribution from employees towards their health insurance premiums. • Indicated the Mayor and he attended the Florida League of Cities annual conference. He noted all of the seminars are on the web. He indicated he attended a very informative session on Mixed Use Zoning. Council Member Roberts: • Thanked Mr. Greene for a great meeting with Stan Payne at the .Port Authority. She indicated Rosalind Harvey will attend the October 19, 2010 meeting to provide more information on the Port's activities. • Noted work that is being done to enhance the number of Neighborhood Watch Committees. She indicated BCSO Sargeant Scott Pikus is working with City employee Mia Goforth to try to identify other areas for additional Committees. • Noted the use of the Victims Advocate program in other Cities and encouraged the City to consider establishing a similar program. • Requested an update on where we are with the Visioning Items. Mayor Randels; • Noted there would not be a HUD Sustainable Communities Grant. He asked Mr. Baugher, a Citizen's Advisory Committee Member, for any new information. Mr. Baugher indicated the TPO has allocated $850,000.00 to update the A1A Corridor Study. He indicated that would create a shovel ready program. • Noted the work done since 1993 to complete the sidewalks and complimented the N. Atlantic Avenue sidewalk improvements: • Noted the budget meeting will be September 13, 2010 at 5:30 p.m. ADJOURNMENT: There being. no further business, the Meeting adjourned at 9:18 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/21/2010 Item No. 2. Subject: Approve the design and placement of the Historic Marker at the Artesia Post Office Property; approve matching funds not to exceed $164.00 for the production of the marker and waive fees associated with the sign permit. Department: City Historian Ray Osborne Summary: A verbal agreement from the owner of the Artesian Post Office property for placement of the inaugural historic marker on this site has been given to the City. The design will be presented for City Council review. The City is in possession of $164.00 raised for production of the marker. The estimated cost for production of the marker is 328.00. It is requested that the City match the funds to pay for the marker. Also, the City Code requires a sign permit and associated fees. It is requested that these fees for the sign permit be waived. Requested Council Action: Approve the design and placement of the Historic Marker at the Artesia Post Office Property; approve matching funds not to exceed $164.00 for production of the marker and waive the sign code fees. Financial Impact: $209.00 (estimated sign permit: $45.00; matching funds - $164.00) Reviewed by City Treasurer: Andrea Bowers Date: 9 f m ) to Attachment: City Code Section 94-100. Submitted by: Ray Osborne, City Historian Date: 9114110 Approved by City Manager: David L. Greene L9 Date: 41 ryPo City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ARTICLE III. SIZE, LOCATION AND CONSTRUCTION Page 1 of 3 Sec. 94-100. Shopping center or muititenant center in any district. Signs are permitted for shopping centers or muititenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions TABLE INSET: Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Temporary On Per Per Section Per Section Per Section 94- -Premises Section 94 94-76 94-76 76 Sign -76 Temporary Off Per Per Section Per Section Per Section 94- -Premises Section 94 94-81 94-81 81 Sign -81 Max. 6 s.f. 6 s.f. 6 s.f. 32 s.f. area Max. height 4' 4' 4' 8' Areas under development a. General Max. 1 1 1 1 no. Max. 16 s.f. 16 s.f. 16 s.f. 32 s.f. area Max. height 4' 4' 4' 8' b. Per subcontractor Max. 9 s.f. 9 s.f. 9 s.f. 9 s.f. area Max. height 4' 4' 4' 4' Home Max. 1 1 1 1 occupation no. Max 2 s.f. 2 s.f. 2 s.f. 2 s.f. area 1 per street 1 per street Ground Max. Prohibited frontage/per frontage/per 1 per street no. access access frontage entrance entrance http://Iibrary8.municode.com/default-now/DoeView/126421111761179 9/14/2010 ARTICLE III. SIZE, LOCATION AND CONSTRUCTION Page 2 of 3 (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-101--94-104. Reserved. Sec, 94-106. Enforcement. http://library8.municode.com/default-now/DoeView/12642/l/176/179 9/14/2010 Max. 2 signs max. 2 signs One s.f. per lineal Max 32 s.f. 32 s.f. ft. of Property area frontage up to a max. of 150 s.f. Max. height 8' 8' 20' Max. width 25' 25' 25' 2 per storefront or structure, Wall Max. Prohibited 1 1 provided each no. structure is a separate business. Parallel to street 15% of wall height (x) wall width of wall that One s.f. per One s.f. per sign is located Max. lineal foot of lineal foot of on: max. 160 s.f. building wall building wall Perpendicular to area that the sign that the sign street, 15% of is on is on wall height (x) wall width of wall that sign is located on; max. 128 s.f. Banner Signs Max. 1 1 1 1 no. Max. 12 sq. ft. 12 sq. ft. 12 sq. ft. 96 sq. ft. area Electronic Max. nla n/a n/a per Section 94- Signs no. 78 Max. n/a n/a n/a 32 sq. ft. area. Prohibited Prohibited Prohibited unless Wall mural Prohibited unless unless approved per 94- approved per approved per 6{g) 94-6(g) 94-6(g) (Ord. No. 05-2009, § 3, 9-15-09) Secs. 94-101--94-104. Reserved. Sec, 94-106. Enforcement. http://library8.municode.com/default-now/DoeView/12642/l/176/179 9/14/2010 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/21/2010 Item No. Subject: Ordinance No. 12-2010, revising City Code Chapter 6, Article III, Division I, Possession and Consumption of Alcohol, (Sections 6-51 through 6-53) relating to City Council's ability to waive the alcohol prohibition in specified locations. Department: Community Development Summary: Due to short notice, a Special Meeting of the City Council was held on 6125110 to near two requests for alcohol waivers at City facilities. By consensus, the Council directed Staff to review the Ordinance and delegate waiver approval to Staff. This Ordinance delegates alcohol waiver authority from the City Council to the City Manager. Requested Council Action: Approval at 1st reading. Financial Impact: $0 Reviewed by City Treasurer: Andrea Bowers Date: 91j� 10 Attachment: Ordinance No. 12-2010 Submitting Department Head: Todd Morley Date: 9/13110 Approved by City Manager: David L. Greene tD "IDate: 9 [/,f [ttN City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 12-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES; 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 finds that administrative waivers of alcoholic beverage prohibitions are properly delegated to the city manager; 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 6, Alcoholic Beverages, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and striketype indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 6. ALCHOHOLIC BEVERAGES ARTICLE M. POSSESSION AND CONSUMPTION DIVISION 1. GENERALLY Sec. 6-51. Streets, alleys, sidewalks and parldng areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, on or upon City of Cape Canaveral, Florida Ordinance No. 12-2010 Page 1 of 3 any street, alley, walkway, sidewalk or any city public parking area open to the public in the ordinary course of business within the city. (b) The city eek manager may waive the prohibitions of this section for any special event, including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city eeunf it manager may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. Sec. 6-53 Ocean beach. (a) It shall be unlawful for any person to possess an alcoholic beverage, as defined in F.S. ch. 561, on the ocean beach or dune in containers greater than one gallon (128 ounces) in capacity. (b) The city eetmeil mana er may waive the prohibitions of this section for any special event including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. Section 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 Eke 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 City of Cape Canaveral, Florida Ordinance No. 12-2010 Page 2 of 3 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of , 2010 ROCKY RANDELS, Mayor ATTEST: FOR ANGELA APPERSON, City Clerk First Reading - Legal Ad Publisbed: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral, Florida Ordinance No. 12-2010 Page 3 of 3 AGAINST City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/21/2010 Item No. Subject: Ordinance No. 13-2010, revising City Code Chapter 10, Article 111 (Outdoor Entertainment Events) Department: Community Development Summary: At the 611110 City Council meeting, resident Joyce Hamilton stated that the Ordinance may be too expensive for smaller events such as the Sun Seed Co -Op Customer Appreciation Day event. Additionally, she stated that the fees imposed for a recently held Farmer's Market were too costly. In response, City Council directed Staff to create a two-tier fee schedule and investigate whether the Ordinance could be administered by Staff. This Ordinance revises the Outdoor Entertainment Event Code in the following ways: 1. Makes the Outdoor Entertainment Event Permit process administrative (Council approval is not required), 2. The definition of an Outdoor Entertainment Event has been altered to provide a more flexible qualification threshold. Note: Resolution No. 2010-22 addresses fee revisions. Requested Council Action: Approval at 15 reading. Financial Impact: Currently, all events must pay a $500 application fee. This change may increase revenue due to the more palatable rate. Through the years only one $500 event permit has been issued. All other event permits have received fee waivers. The corresponding Fee Resolution may have a positive financial impact. The Resolution will reduce the application fee to $250 for those events having less than 200 persons. Reviewed by City Treasurer: Andrea Bowers Date: Attachment: Ordinance No. 13-2010 Submitting Department Head: Todd Morley Date: 9113110 Approved by City Manager: David L. Greene Q`W-� Date: 7J/z1 J!D City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 13-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, OF THE CODE OF ORDINANCES; REGULATING OUTDOOR ENTERTAINMENT EVENTS; 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 does not desire to exclude communication of a particular content but instead desires to coordinate multiple uses of property, to assure preservation of property, and to prevent uses that are dangerous, unlawful, or impermissible under the local, state, and federal statutes or regulations, and WHEREAS, regulations of the use of property that ensure the safety and convenience of the people are not inconsistent with civil liberties but are one of the means of safeguarding the good order upon which civil liberties ultimately depend. See Cox v ,New Hampshire, 312 U.S. 569, 574 (1941); and WHEREAS, without the necessity of the regulations hereunder, outdoor entertainment events may create disturbances, become nuisances, menace life, limb, and property, or disrupt traffic. See Shuttlesworth v. Birmingham, 394 U.S. 147 (1969); and WHEREAS, the City Council finds that administrative determinations regarding closure or gating of public property and streets are properly delegated to the city manager; and WHEREAS, the City Council finds that administrative determinations regarding fee waivers and deposits imposed for events hosted by the City, the Brevard County Sheriff's Office, the Cape Canaveral Volunteer Fire Department, city -sponsored events, or nonprofit corporations are properly delegated to the city manager; 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: City of Cape Canaveral, Florida Ordinance No. 13-2010 Page 1 of 4 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 10, Amusements and Entertainments, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and seeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 10. it is intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance); CHAPTER 10. AMUSEMENTS AND ENTERTAINMENTS ARTICLE III. OUTDOOR ENTERTAINMENT EVENTS DIVISION 1. GENERALLY Sec. 10-47. Definitions. Outdoor entertainment event shall mean any public celebration or gathering, conducted in whole or in part in the open air, such as, but not necessarily limited to, athletic entertainments, carnivals, dancing, concerts, block parties, dramatic productions, art exhibitions, parades or the sale of merchandise, food or alcohol, or any combination of the foregoing, which : `—(1)- ' involves the use of or impact to public or private property, or property dedicated exclusively for public use; and (-2W where the nature of such outdoor entertainment event requires the erection of stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of parked vehicles or of permanent structures; and/or-; awl-(� which of necessity requires, for the outdoor entertainment event's successful execution, the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. *** DIVISION 2. PERMIT See. 10-64. Closure or gating of public property and streets. (a) Streets may be closed, portions of streets and parks may be gated, and an admission fee may be charged in connection with an outdoor entertainment event at the discretion of the city courAj manager. City of Cape Canaveral, Florida Ordinance No. 13-2o to Page 2 of 4 (b) In reviewing a request for closure of a street, gating of a park or the charging of an admission fee for the outdoor entertainment event, due regard shall be given to public safety and environmental effects of such closing, to ensure that all reasonable steps are taken to minimize the adverse effect such closings may have upon the public. (c) If an event is gated, no person shall be barred from entering the gated area on the grounds of race, color, religion, gender, age, disability or national or ethnic origin. (d) The city esil manager has the full and sole authority to close any city street or roadway and/or detour traffic due to an outdoor entertainment event. See. 10-73. Fees and deposits. Any applicant seeking to make application for and obtain an outdoor entertainment event permit shall agree to accept conditions in accordance with this article and pay the prescribed fees, as amended from time to time, and adopted by resolution of the city council. (1) No later than 14 days prior to the each outdoor entertainment event being held, applicants shall make full payment to the city for the cost of the estimated extra personnel hours, the cleanup and damage deposit and any other fee authorized under this article. (2) Upon request, the city eeuneil manager may waive fees and deposits imposed pursuant to this article for events hosted by the Ci1y, the Brevard CoIM Sheriff's Office or the Ca e Canaveral Volunteer Fire. Department, for city-ssponsored, events or for nonprofit organ ations based upon the city's experience with previous events, and the size, duration and location of the proposed outdoor entertainment event if the city ee4ansil manager determines that the outdoor entertainment event serves a municipal purpose, including, but not limited to, economic development, city -organized events or other local charitable events. 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 City of Cape Canaveral, Florida Ordinance No. 13-2010 Page 3 of 4 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2010 ROCKY RANDELS, Mayor ATTEST: FOR AGAINST Bob Hoog Buzz Petsos ANGELA APPERSON, City Clerk Rocky Randels Shannon Roberts Betty Walsh First Reading: Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ail\ x jawl\ x ri. txhxjL x1--rrx,or,, uny Auomey City of Cape Canaveral, Florida Ordinance No. 13-2010 Page 4 of 4 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 0912112010 Item No. .r Subject: Resolution No. 2010-22, revising City Code Appendix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article ill. Department: Community Development Summary: At the 611110 City Council meeting, resident Joyce Hamilton stated that the Fee Schedule for Outdoor Entertainment Events may be too expensive for smaller events such as the Sun Seed Co -Op Customer Appreciation Day event. Additionally, she stated that the fees imposed for a recently held Farmer's Market were too costly. in response, City Council directed Staff to create a two-tier fee schedule. This Resolution revises the Fee Schedule and provides a two-tier application fee. The review procedure and approval criteria will remain the same regardless of the fee paid. Requested Council Action: Approval. Financial Impact: Currently, all events must pay a $500 application fee. This change may increase revenue due to the more palatable rate. Through the years only one $500 event permit has been issued. All other event permits have received fee waivers. This Fee Resolution may have a positive financial impact. The Resolution will reduce the application fee to $250 for those events having less than 200 persons. Reviewed by City Treasurer: Andrea Bowers Date: 9 Ill 11, Attachment: Resolution No. 2010-22 Submitting Department Head: Todd Morley Date: 9113110 Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved j ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING FEE SCHEDULE FOR CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, RELATED TO OUTDOOR ENTERTAINMENT PERMITS; PROVIDING FOR INCORPORATION INTO "APPENDIX B" TO THE CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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 formunicipal purposes, except when expresslyprohibitedbylaw; and WHEREAS, section 165.201, Florida. Statutes, authorizes the City Council to impose fees necessary for the conduct of municipal government; and WHEREAS, the City Council adopted Ordinance 04-2010, authorizing the imposition of fees related to the City's outdoor entertainment event permit regulations; and WHEREAS, the City Council desires to implement the revisions set forth herein related to permitting outdoor entertainment events; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED 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 hereinbythis reference and are deemed a material part of this Resolution. Section 2. Amendment of Existing Fee Schedule for Chapter 1.0, Amusements and Entertainments. The Cape Canaveral City Council hereby amends the existing fee schedule set forth in "Appendix B" to the Cape Canaveral Code of Ordinances for Chapter 10, Amusements and Entertainments as follows underlined type indicates additions and strffwo type indicates deletions from the existing fee schedule, while asterisks (* * *) indicate a deletion from this Resolution of text existing in Appendix B. It is intended that the text in Appendix B denoted by the asterisks and set forth in this Resolution shall remain unchanged from the language existing prior to adoption ofthis City of Cape Canaveral Resolution No. 2010-22 Page 1 of 3 Resolution): APPENDIX B -- SCHEDULE OF FEES Chapter 10. Amusements and Entertainments Article III. Outdoor Entertainment (a) Permit fee for events where attendance is estimated to be 200 or less persons flZJ Permit fee for events where attendance is estimated to be 201 or more persons..,............ ft(Extra personnel hours, as defined in Chapter 10 ) Clean up and damage deposit Amount Code Section $500.00 10-61 250.00 500.00 10-61 Actual cost 10-73 $500.00 10-66 Section 3. Incorporation into "Appendix B" to the Cade of Ordinances. The fee schedule set forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the foregoing. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is fox any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2010-22 Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida this 21st day of September, 2010. ROCKY RANDELS, Mayor ATTEST: Por Against Bob Hoog Buzz Petsos ,ANGELA APPERSON, City Clerk Rocky Randels C. cannon Roberts Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2010-22 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/21/2010 Item No. 6 Subject: Ordinance No. 14-2010, revising City Code Chapter 54, Article I (Parks and Recreation) enabling Beach Vending Franchises. Department: Community Development Summary: At the 8/17110 City Council meeting, David Patty appeared requesting relief by permitting beach vending operations. 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 and report back at a future meeting. This Ordinance revises the commercial solicitation provisions of the Parks and Recreation Ordinance. Solicitation on the beach areas has always been prohibited. However, if approved, this Ordinance will permit exemptions to that prohibition for franchises authorized by the Council. Requested Council Action: Approval at I't reading. Financial Impact: Staff will recommend a Fee Resolution at the 2 nd reading of this Ordinance. Z;K Reviewed by City Treasurer: Andrea Bowers Date: LW[l., Attachment: Ordinance No. 14-2010 Submitting Department Head: Todd Morley Date: 9/13/10 Approved by City Manager: David L. Greene D`P`4 Date: -fFr-f 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 V11I, 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 11, § 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 clear 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 limitations 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 strikeatrt 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 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. 3. 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. Reserved. a Authori . The Ci Council may enter into franchise allcements granting the right, privilege and franchise to use the sand beach areas within the City's jurisdictional boundaries to solicit, canvass or merchandise for the sale of food and non-alcoholic beverages and for beach -side rentals, such as chairs, umbrellas and cabanas. Said franchise agreements shall City of Cape Canaveral Ordinance No. I4-2010 Page 2 of 6 be for the purpose of a particular person or entity operating a commercial beach vending business in the City in conformity with and subject to all provisions, terms and conditions of this section. Aperson's or entity's right to use the City's beaches for the franchise purposcs stated herein shall not be exclusive and the City reserves the right to grant the use of its beaches to any person at any time during the eriod of any franchise awarded pursuant to this article. b Award o ranchise. All franchises ganted hereunder shall be awarded by the Cily _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 for each category of beach vendor established by the City Council during the competitive bid process. 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 specif cations: 1 The effects the proposed franchise would have on thepublic's use and enjoyment of the City's beaches; (2) The effects the proposed franchise would have on public safety; 3 The erformance history of the proposed franchisee if an (4) The environmental impacts of proposed franchise activities; (5) Public input; (t?) The ability of the bidder to comply with the minimum requirements of franchises under subsection d 7 The prices offered forthe sale of food beverages, and other merchandise; and (8) Any other criteria deemed relevant by the CityCouncil. (c) Franchise fee. The City Council may impose a franchise fee upon any person or entity that enters into a franchise agreement with the City pursuant to this section. (d)_ Minimum requirements otfranchisees. 1 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. 2 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 beverages and merchandise to be sold or rented; number and description of City of Cape Canaveral Ordinance No. 14-2010 Page 3 of 6 carts or other apparatus used to store or transport merchandise; name of each employee, and the proposed price of all merchandise. (3) The principal of any franchisee and all persons conducting beach vending activities on City beaches shall be subject to a background 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 City beaches has been convicted of a felony within the past five (5) years. 4 Franchisees shall be required to furnish a fially paid commercial general liability damage 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 attome s from any and all claims or damages 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 a deductible deemed acceptable by the City Manager. The franchisee shall also provide proof of worker's compensation insurance at the limits provided by the Florida Statutes. 5) 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 limited 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. 6 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. (7) Franchisee shall fully comply with all terms and conditions of any franchise agreement with the City. e) Manner and conduct ofheach vendinz. 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 ublic's use of the beach as a passive and active recreational facility and with thepublic'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: (1) Solicit a person whose eyes are closed (2) Touch a person without consent during a solicitation; City of Cape Canaveral Ordinance No. 14-2010 Page 4 of 6 _(3) Continue_a solicitation after receiving a negative response from the person solicited; (4) Impede the free movement of any person, or (5) Solicit using any_ loud sound, vociferous speech, boisterous conduct or profane or vulgar language. (f} Appearance and identification requirements. Franchisees shall com lly, with the following requirements while engaging in commercial beach vending. (1) Franchisees must have a neat and clean appearance; Shirts must have sleeves and a collar. 3) Shirts, sweatshirts, iackets and rainizear must identifv the nature of the vending business in common everyday terminology in one -inch block letters in contrasting color on the front and back of the shirt above the elbow and the name of the business shall be printed on the front and back of the shirt in a form able to be read from ten (10) feet away. (4) The franchisee's picture identification card shall be visible at all times and worn on front of the shirt above the chest. 5 The cart or other vendingapparatus must display the prices for all items offered for sale. Location of commercial beach vendin . Commercial beach vending shall be prohibited within the following areas: 1 Within conservation areas dunes or other protected zones; (2) Within beach parking areas; (3) Within pedestrian beach approaches; or (4) Within 25 feet of any lifeguard tower or facility. h Termination or sus erasion o ranchise. Theaty Council may terminate an 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 City of Cape Canaveral Ordinance No. 14-20I0 Page 5 of 6 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. 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 Hong Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 14-2010 Page 6 of 6 Against