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HomeMy WebLinkAboutPacket 01-20-2009 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX !C-9 TY OF 919 Polk Avenue, Cape Canaveral, Florida CKAVR� _ TUESDAY January 20, 2009 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: 2008 Reindeer Run Proceeds Check to United Way of Brevard County and Sponsorship Recognition Keys to the City for Sponsors of the 2008 Reindeer Run Keys to the City for Boeing Christmas Contribution Parks and Recreation Presentation to the Merritt Island Kiwanis Club BOARD INTERVIEW: Linda M. Brown — Library Board REPORTS: City Manager Staff City Council 105 Polk Avenue • Post Office Fox 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveralOcfl.rr.com Uity'of Cape Canaveral, Florida City Council Regular Meeting Agenda January 20, 2009 Page 2 of 2 AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: City Council Regular Meeting Minutes of ,January 6, 2009. ORDINANCE: Second Public Hearing: 2. Motion to Approve: Ordinance No. 12-2008; 5 Year Schedule of Capital Improvements. ORDINANCE: First Public Hearing: 3. Motion to Approve: Ordinance No. 01-2009; Land Use Application Deadline. SITE PLAN: 4. Motion to Approve: Resolution No. 2009-03, Villagio Del Mar Final Replat — David Welsh, Applicant. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Jan 15 09 12:52p Cape Canaveral Public Lib BREVARD COUNTY LIBRARI ES AMVW 98881138 BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMO Brevard County Library Svstem Cape Canaveral Public Library 201 Polk Avenue Cape Canaveral, FL 32920-3067 TO: Council Members, City of Cape Canaveral P.1 Phone: 321-868-1101,1102 Fax: 321-868-1'138 THRU: Bennett Boucher, City Manager, City of Cape Canaveral Susan Stills, City Clerk, City of Cape Canaveral FROM: Isabel Matos-Escapa, Director Cape Canaveral Public Library RE: Linda M. Brown DATE: January 15, 2009 This is to inform you that the Cape Canaveral Public Library Board interviewed Ms. Linda M. Brown, applicant for the Cape Canaveral Public Library Board, on Wednesday, December 17, 2008. The Cape Canaveral Public Library Board found Ms. Brown a highly qualified candidate. Dr. Tim Grady, Chairperson, Cape Canaveral Public Library Board Joanna Atwood, Secretary, Cape Canaveral Public Library Board Catherine J. Schweinsberg, Library Services Director Ray Dickinson, Central Area Director ime !J JUL i 5 2008 CITY OF CAPE CANAVERAL Age APPLICATION FOR APPOINTMENT TO CITY ADVISORY 80 OR COMMITTI=E J Pursuant to Section 2-171, Cape Canaveral Co e City Code requires prospective and existing board members to fill out an application. City Code also prohibits a persan from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the foflowing in the space provided: A. GENERAL 1. Applicant Name: I— ! AJb?g 2_ Home Address: S9•S/1 1-4116 2) 3. Home Telephone: , 7179: 056?6 4. Occupation: AllizWor 5. Business Telephone: Call &q/ ��o?, ev6"Q3 6_ Business Address: , ���� fere rx�i,/, corms B. EUG1131UTY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 9. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 33. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo, contendere (no contest) shall be Considered a conviction for purposes of this question. 3b. 4a. If yes to 3a, have your civil tights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. if yes to 4a, please list each: (Y)� (m— (Y)—!!:i m) (Y)!i (N) (Y) (Y) (N) (Y) (N) �! S. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral.? (Y) � (N) 6a, Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. 1NTERESTSlEXPERIENCE 1. Briefly state yourinterestin serving on a City advisory board or committee: 1me Gnc[ L7Ae",h' G ifu n 2_ Briefly state any prior e3goeriences in serving on any governmental mrd or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feet help to qualify you for membership on the desired board or enmmiitao- 4. In numerical sequence (i = most interested), please rank which advisory board or committee on which you wish to serve: a. BeautficaUon Board b. Board of Adjustment` C. Business and Cultural Development Board d. _ Code Endbrcement Board` e. Community Appearance Board' F. Cons#nw-tion Boar! of Adjustment and Appeals* g. Ubrairy Board h. '`i� Planning and Zoning Board' i. Recreation Board j. Other: '"Members of these hoards are raq!uired to complete and fide with the Supervisor of Ffecffons a Financial Disclosure Form upon appolntrr nt to said board and prior to July 1 of each year following the inif el appoirrfrnent while W1 a member of said hoard. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing rare, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American ✓ Female Hispanio-American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HERESY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AN13 ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW- [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion_ • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. SlgwWre: / Date: fir.X" o c>o,F' Please return to: City of Cape Canaveral Office of the City Clerk 165 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 6, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Assistant Public Works Director Recreation Director Planning & Development Director Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Walter Bandish Jeff Ratliff Robert Lefever Barry Brown Mayor Randels acknowledged the Beautification Board for their efforts in securing a new model shuttle for the City Hall lawn. PRESENTATION: Holiday Beautification Awards Mayor Randels called on Ms. Judy Hale, Beautification Board Chairperson, to present the Holiday Beautification Awards. Ms. Hale called on Mr. and Mrs. David and Carole Liebach to receive the award in the Single -Family Holiday Award category. Ms. Hale then recognized Ms. Cyndi Shaffer, Property Manager, for Cape Winds in the Multi - Family Holiday Award category, and Mr. William Mays, for Sheldon Cove in the Commercial Holiday Award category. The Awards for those last two categories will be forwarded. Mayor Pro Tem Hoag requested that that City Council hear from the City Manager first and proceed to Agenda business foregoing the Staff and City Council Reports portion of the Meeting. If time permitted at the end of the meeting, City Council reports would be heard. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 2 of 13 REPORTS: City Manager • Mr. Boucher reported that the Harbor Heights inlet project began this week. One pipe showed signs of corrosion and a quote for approximately $5,600 was received to replace it with concrete pipe. When completed, the project will proceed up to the 300 block of Coral Drive. Mr. Bandish replied to Mr. Petsos that the repair exceeded what could be done through slip -lining. However, slip -lining was done at another part of the line and he planned to televise a 250 -foot section of the pipeline between the homes. The project will proceed in steps. • Mr. Boucher reported that Mr. Craig Dixon, General Contractor for the Blue Toucan restaurant renovation has decided on an alternative course of action. He thanked the Council for their consideration to assist them with their fees. • Mr. Boucher distributed a schedule from the Brevard County Transportation Department related to the North Atlantic Avenue project. Mr. Boucher informed that the County received another set of commercial detour signs for State Road A'lA leading to the Circle K and the LaCantina Restaurant. Ms. Roberts asked if Staff could obtain more signage on State Road Al A for traffic headed in the south to north direction. Mr. Bandish explained where detour signage was posted. Ms. Roberts stated that she did not see this signage and she requested to visit the site with the Public Works Director the following morning. Mr. Petsos went on record to say that, although the crew has performed well, the County poorly handled the North Atlantic Avenue project. The project could have been performed in two phases and not three and shutting down the intersection adversely impacted the 'community. Ms. Roberts added that the City also has learned lessons in communication on this project as well since this is a partnered project. If there were any comments to be made on the project, the City could have worked toward clearer communication with notices at least 30 -days ahead of time. Ms. Roberts reminded that the project press release was issued on the start date. Mr. Boucher stated that the notice of intersection closures was issued twice. In conclusion, Mr. Boucher stated that communication plans have improved during the course of the project. • Mr. Boucher mentioned that he distributed copies of the Waste Management contract for Council's review. Ms. Walsh asked if there were any other Solid Waste services for the City to consider in the bid process. Council members requested that the City Manager seek the names of other Solid Waste services. Mr. Petsos clarified that the Council was not adverse to the bidding process. Council's intent was for the City Manager to open discussion with Waste Management prior to negotiations. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 3 of 13 STAFF Public Works Director Assistant Public Works Director Community Development Department City Clerk City Attorney There was no Staff reports. CITY COUNCIL. Council Member Betty Walsh Council Member Shannon Roberts Council Member Buzz Petsos Mayor Pro Tem Bob Hoog Mayor Rocky Randels There were no reports from City Council. AUDIENCE TO BE HEARD: There were no expressed concerns from the public. CONSENT AGENDA: 1. City Council Regular Meeting Minutes. of December 16, 2008. 2. Resolution No. 2009-01; Appointing Regular Members to the Board of Adjustment. (D. Jenkins and G. Sweetman) 3. Approval of Outdoor Entertainment Permits for Walk for Bibles, February 7, and March 7, 2009. Mayor Randels asked if any Council Member, Staff person, or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1, with Recommended Amendments, and Items 2 and 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 4of13 CONSIDERATIONS: 4. Motion to Approve: Proposal by the East Central Florida Regional Planning Council to Conduct Community Visioning. Mr. George Kenny thanked the Council for this opportunity. He informed that he met with the Mayor and Staff and a concept was discussed of developing a Steering Committee Nomination needed to be submitted by January 12th. The Steering Committee would include a diverse cross-section of the community. Mayor Randels explained how Staff would nominate individuals for this Steering Committee with City Council's approval. Mr. Boucher clarified that Ms. Shelly Lawton was preparing the roles and responsibilities required of any Steering Committee members. Mr: Boucher clarified further that strategies were discussed at the meeting; however, at this point; the Contract was not formulated and the Steering Committee was listed as Task One of the Contract. Ms. Roberts requested to add another Task to address underutilized residential parcels. Mr. Kenney replied that the model could be expanded to consider the City as a whole and include the residential as well as the commercial aspects.; Ms. Roberts stated that residents might want to comment on the some of the.residential aspects of the community during the Visioning Workshops. Mr. Kenny agreed saying -that the visual preference survey would encapsulate any residential suggestions. Mr. Boucher clarified that Mr. Laurien planned to include residential areas as well as reviewing underutilized areas.. Ms. Roberts stated her intent to add residential specifically as a task on the list. 'Mr. Kenny affirmed that residential could be included. Mr. LeoNicholas, of Harbor Heights, asked if the Council planned to advertise and seek nominations for a Steering. Committee. He reminded that January 12th was one week away. Mr. Nicholas stated that there were persons in the audience who were interested and would like to participate in the process. Mr. Kenney reminded that a Steering Committee was included in the Contract. The six workshops would gain public input; however, the Contract is the first step. Ms. Roberts clarified that Mr. Nicholas was seeking to ensure that the community has an opportunity to volunteer for the Steering Committee. Ms. Roberts clarified further the need to indicate the criteria related to serving and to build in a self -nomination process. Ms. Walsh questioned the origin of the January 12th date for the Steering Committee. Mr. Boucher replied that the date was not for certain and based on the Contract's approval. Mr. Boucher affirmed to Mr. Petsos that the Council would receive the criteria list before the Steering Committee was selected. Mr. Boucher replied to Ms. Walsh that this was not a budgeted item; however, Mr. Laurien included $10,000 of Florida Department of Community Affair's [DCA] funding. The base price is $35,000; the total price will be $45,000 with the DCA funding. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 5 of 13 brought out that Mr. Laurien planned to operate a cost effective project. Mr. Petsos asked if in-house Staff could perform a major portion of Task Three in an effort to save more money. Mr. Brown clarified that he did not have expertise in the area of Geographical Interface Systems (GIS); however, he would take part in the data collection. Mr. Petsos stated that the City should be able to supply the data needed in Task 3. Ms. Roberts pointed out, in her observation of consultative fees, that Mr. Laurien's assistance to the City was comparable to $250 -to $500,000 in consultative services. Ms. Roberts suggested including Mr. Brown's responsibilities more specifically in the Task list. Mr. Brown informed that he would serve as an adjunct to the Regional Planning Council staff. Mr. Boucher affirmed that Mr. Brown would be an integral part of the visioning process. Ms. Roberts stated that Mr. Browns' role could be more clearly stated in the Roles and Responsibilities portion of the,Ptoposal. Mayor Randels clarified how community input played a major role in the process subject to City Council's approval. Mr. David Schirtzinger stated that he preferred to have the Regional Planning Council accountable for the visioning process at citizens' direction. He stated further that he would prefer to see the City's Planning and Development Director, Mr. Brown, responsible for implementing the residents' plans. Mr. Petsos responded to Mr. Schirtzinger that the intent of proceeding with the plan was for implementation; not for future reference. In conclusion, Mr. Boucher stated that this project was a first for the Cape Canaveral community. He pointed out that Cape Canaveral is Mr. Laurien's signature product for Brevard County. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve the Proposal by the,East Central. Florida Regional Planning Council to Conduct -Community Visioning and Appropriate the Funds. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms., Roberts, For and Ms. Walsh, For. 5. Motion to Approve: Proposal for Civil Engineering Design, Permitting and Bid Documents for the. Ridgewood Avenue Greenscape Project in the amount of $63,145. Mr. Ratliff explained this was the civil engineering for the Ridgewood Avenue Greenscape Project. The City Engineers, Stottler Stagg and Associates have submitted a cost of $63,145 to include the following: additional surveying tasks, design drawings, coordination meetings with the landscape architect, an engineering package suitable for bidding, as well as cost estimating services. Mr. Ratliff opened the floor to questions and he acknowledged Mr. Brad Smith, from Brad Smith and Associates and Mr. John Pekar from Stottler, Stagg and Associates. Mayor Randels recognized Mr. Brad Smith, ASLA — AICP for his Award of Merit for a riverfront residential transformation in Indialantic noted in a nationally published magazine. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 6 of 13 Mr. Petsos referred to Task I and asked if the City Manager had any response from Stottler, Stagg and Associates related to the anticipated cost. Mr. John Pekar, of Stottler, Stagg explained how the surveys addressed the 19 conflict areas and would also include performing the permit applications with St. Johns River Water Management District. Mr. Pekar related on how moving the drainage facilities would result in pollution abatement issues. He stated that retrofitting and water quality issues might also occur and would be included in the price. Mr. Pekar said that subsequent meetings with the Council would address these and other issues such as pipelines not up to standard, and their replacement costs. Mr. Pekar noted some shifts in road alignments that allowed for plantings on either side of the road and those costs related to surveys for transition lanes and pavement installation. Mr. Pekar noted the need to ensure that cross-sections are compatible with the bikeways and anticipated sidewalks. Mr. Pekar stated his intent to avoid future change orders. Mr. Pekar concluded with how this was an extensive, detailed process. Ms. Roberts asked if the previous field surveys,were performed for the same purpose as these surveys. Mr. Boucher stated the previous survey.established the boundaries. Mr. Pekar informed that Ridgewood Avenue was nota linear roadway but was constructed on a block -by -block basis. Ms. Roberts asked when the last time field surveys were performed and what the cost was. Mr. Pekar replied that the work was performed two to three years ago and he would need to research the previous cost. Mayor Pro Tem Hoog stated that Mr. Pekar was seeking details to avoid change orders. Mayor Pro Tem Haog inquired about the types of unforeseen problems. Mr. Pekar responded that pollution abatement criteria from St. John's River Water Management District may surface as well assome parking. issues. Mayor Pro Tem Hoog asked if he planned to move any storm inlets. Mr. Pekar affirmed. Mr. Pekar stated that he planned'to,return to the City Council on subsequent occasions for their approval on cost -related items. Mr. Pekar clarified for Mr. Petsos that pollution abatement was not the same as storm water issues. Mr. Pekar reported how'previous projects have caused the firm to address low impact development, such as, soak areas that could be developed into the design. The City has not seen such designs before; however, these are mechanisms required at the Federal and State level. Mr. Pekar clarified how areas behind the right- of-way lines would be identified as an impact; however, any work on items would not become a cost to the City: Mr. Pekar clarified further for Mayor Randels that landscaping clusters at certain locations would necessitate pavement shifts. Ms. Walsh referred to Mr. Petsos' questioned related to the shifting drainage and the additional work that was now required. Mr. Boucher explained that at 30 percent of the project, the City Council would need to address the value and cost benefits of reconfiguration. Mr. Boucher explained further that Task I identified 19 conflict points comprised of non -conforming curb cuts and parking lots in the City right-of-way. A City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 7 of 13 meeting with the City Council would decide on these issues and their subsequent impact. Ms. Roberts asked if this would allow for the City to gain underground utilities. Mr. Pekar replied that the lighting related to the project was decorative lighting. Mr. Pekar reminded of the enormous cost related to underground utility installation. Ms. Roberts expressed the need to plan for underground utilities in outlaying years. Mr. Pekar replied that he could have these discussions with Florida Power and Light. Ms. Roberts referred to the Sidewalk Master Plan and asked if Mr. Pekar was allowing for the future planned sidewalks that intersect with Ridgewood Avenue. Mr. Pekar affirmed that he would review the Sidewalk MasterPlan and he would also work with Barbara Meyer from Brevard County. Mr. Ratliff informed that he planned to pursue grant funding toward to portions related to wafer quality. Ms. Roberts inquired about a curb and gutter. approach. Mr. Smith explained for Ms. Roberts that, unlike the North Atlantic Avenue project, where no curb or gutters exist, Ridgewood Avenue has both curb and stormwater infrastructure. Mr. Pekar replied to Ms. Roberts question on subsequent meetings that any future meetings would involve City Council since public input meetings were already conducted. Ms. Roberts asked if the City submitted this project as part of the Economic Stimulus Package. Mr. Boucher affirmed. Ms. Robertsregistered her concern that the City Council did not vote on the project as an item for Federal Economic Stimulus Package. Mayor Pro Tem Hoog assured that there were no other projects ready for implementation aside from this one that could be included'in the Economic Stimulus Package. Mr. Ratliff assured that.community meetings would be held with the impacted property owners once the contractor was selected. He stated that two letters were mailed to residents notifying them of the conflict points to avoid any lack of disclosure. Mr. Pekar replied to Ms. Roberts that 20 or more construction drawings in cross-sections would sufficiently identify any related project issues. For the record, Ms. Roberts registered her concern with not having a Master Plan for the City that would overlay these ongoing projects. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve a Proposal for Civil Engineering design, Permitting and Bid Documents for the Ridgewood Avenue Greenscape Project in the Amount Not to Exceed of $63,145. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 8 of 13 6. Motion to Approve: Proposal for Conceptual Engineering Support for the N. Atlantic Avenue Greenscape Project in an Amount not to Exceed $14,500. Mr. Pekar explained how this approach differed from Ridgewood Avenue in that he would provide engineering designs and develop a preliminary drawings package. Mr. Pekar clarified that the engineering design, such as infiltration systems or capture drainage, would be identified on the North Atlantic Avenue drawings; unlike the work performed for the Ridgewood Avenue project. The next stage would proceed to a second set of drawings with City Council's final approval: Mayor Randels clarified that the completed design would include the engineering design for the drainage, sidewalk, bikeways, signage, utility corridors, and support. Mr. Ratliff reiterated that he would also pursue grant funding for water quality items in this project. Mr. Pekar responded to Ms. Roberts that he'would consider the utility lighting poles; however, yet again, there was an enormous cost in burying the utility lines. Mr. Ratliff announced that the First Public Hearing on the North Atlantic Avenue Project scheduled for Tuesday, January 13th at 5:30 P.M. in the Cape Canaveral Library Meeting Room. Mr. Pekar clarified for Ms. Walsh that this project necessitated engineering design support which the Ridgewood Avenue project did not require. Mr. Petsos asked if the drainage design was enough to seek grant funding. Mr. Ratliff replied that he was confident that the City could seek grant funding for. this type of project. Mr. Boucher replied to Ms. Walsh that the funding for this' "project would come from the General Fund. A motion was made by Ms. Roberts and seconded by Ms. Petsos to Approve a Proposal for Conceptual Engineering Support for the N. Atlantic Avenue Greenscape Project in an Amount Not to Exceed $14,500. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts; For and Ms. Walsh, For. 7. Motion to Approve: Renewal of the Inmate Labor Contract with the Florida Department of Corrections. Mr. Bandish distributed the Inmate Crew Work Schedule. Mayor Randels noted a minimal increase of $609 in the Contract price related to the Supervisor's salary. Mr. Tom Garboski, of 303 Surf Drive, reminded that the Beach Cleaning Machine's intended purchase was to reduce the cost of the Inmate Contract. Mr. Bandish stated that the main purpose of the Beach Cleaning Machine was for large fish kill clean-ups. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Renewal of the Inmate Labor Contract with the Florida Department of Corrections in the Amount of $56,467. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 9of13 follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 8. Motion to Approve: Appointment of a Canaveral Port Authority Liaison. Mayor Randels informed that Ms. Roberts requested that the City have someone formally act as a liaison at the Canaveral Port Authority meetings. Ms. Roberts referred to State Representative Tony Sasso's visit in which he mentioned the benefits of having a designated liaison from the City to interface with the Canaveral Port Commission. A motion was made by Mr. Petsos and seconded by Ms. Walsh to Nominate Shannon Roberts as the Appointment as the City's Official Liaison with Canaveral Port Authority for the City of Cape Canaveral., The vote .on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog,.For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2008-39; Supporting Amendments to the Florida Statutes to Increase Mortgage Holders, Responsibility for Delinquent Condominium, Co -Operative. and Homeowners Association Fees on Foreclosed Units. Attorney Garganese read Resolution No. 2008-39 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING AMENDMENTS TO THE FLORIDA STATUTES TO INCREASE MORTGAGE HOLDERS' RESPONSIBILITY FOR DELINQUENT CONDOMINIUM, CO- OPERATIVE, AND HOMEOWNERS ASSOCIATIONS FEES, REGULAR ASSESSMENTS AND SPECIAL ASSESSMENTS ON UNITS IN FORECLOSURE AND ON FORECLOSED UNITS. Mayor Randels explained how Condominium dues were not collected when a property was in foreclosure. The Resolution sought to get attention from the State Legislature. Mayor Pro Tem Hoog asked if this were an item that City Council desired to forward to the Space Coast League of Cities. Council Members affirmed. Ms. Walsh added that the Board of Directors at Condominium Associations were taking similar action. Mr. Donald Dunn, of Ocean Woods, brought out the lack of maintenance on foreclosed homes in addition to not paying fees or assessments. Mr. Nicholas questioned the fact that the lack of home maintenance was a Code Enforcement issue. Mr. Boucher affirmed that these issues should be reported to City staff. Mr. Dunn stated that he would submit a list of those properties to the City Manager. In conclusion, Ms. Roberts stated that this piece of legislation would become a beneficial tool to expedite the Lender processing. A motion was made by Ms. Walsh and seconded by Ms. Roberts to Approve Resolution No, 2008-39. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 10 of 13 follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 10. Motion to Adopt: Resolution No. 2009-02; Recognizing the "Building Citizenship in the Community: Back to Basics" Initiative of the Florida League of Cities, Inc., and Pledging Support for this Statewide Effort." Attorney Garganese read Resolution No. 2009-02 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RECOGNIZING THE "BUILDING CITIZENSHIP IN THE COMMUNITY: BACK TO BASICS" INITIATIVE OF THE FLORIDA LEAGUE OF CITIES, INC., AND PLEDGING SUPPORT FOR THIS STATEWIDE EFFORT. Mayor Randels explained that the Florida League of Cities President, Carmen Priore, requested an initiative toward programs and activities related to teaching students and all citizens about municipal government through a variety of different projects, resources, and mediums of information. Ms. Roberts brought out how the Council intended to plan forward for the 2009 Florida City Government Week, October 19t' — October 25th. Ms. Roberts mentioned holding a Citizens Academy. Mr. Boucher informed that Lead Brevard facilitated a municipal Citizens Academy in a previous year. Mr. Petsos informed that preparing for the Florida Comprehensive Achievement Test takes precedence to outside visitors in the schools and City representatives would need to work within class time constraints. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Walsh to Approve Resolution No. 2.009-02. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing: 11. Motion to Approve: Ordinance No. 12-2008; A Five -Year Schedule of Capital Improvements. Attorney Garganese read Ordinance No. 12-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE (5) YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Brown informed that each year cities were required to update the Capital Improvements element of their Comprehensive Plan and 5 -year Schedule of Capital Improvements. The City would amend the Capital Improvement Element as part of the City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 11 of 13 upcoming Evaluation and Appraisal Report process; however, the City must update the 5 -year Schedule of Capital Improvements at this time in order to continue to amend the Comprehensive Plan. This amendment to the 5 -year Schedule of Capital Improvements was not a policy directive, but the purpose was to determine if the City would have any capacity deficiencies in its public facilities. If so, how would the City address them? He explained that capacity was measured for public facilities by adopting a level of service standard. Mr. Brown stated that there were seven public facilities for which the City would need to adopt level of service standards: sanitary sewer, solid waste stormwater drainage, potable water, parks and recreation, schools, and transportation. The City was only directly responsible for sanitary sewer, stormwater drainage,and parks and recreation. Brevard County was responsible for solid waste and City of Cocoa for potable water. Mr. Brown stated that he prepared a Public Facilities Capacity Analysis to address any capacity deficiencies. ' For the level of service items, the City was not projecting any capacity issues. Therefore, the City was not required to make any capital improvements. since there were no projected public facility deficiencies. However, a 5 -year Schedule was still required. Subsequent to preparing this schedule, he met with Andrea Bowers, City Treasurer who explained that any item shown in the Capital Improvement Schedule would hold the City accountable for constructing those improvements. Staff recommended not to show those items on the Schedule for the following reasons: 1) there were no level of service issues, 2) the inability to collect connection fees related to Reclaimed Water lines, 3) the City would use reserve funding to address sewer lines and manhole rehabilitation, and 4) upgrading the Racquetball Courts appeared to be a luxury given the economic times. Under transportation, he asked the City Manager for permission to retain North Atlantic and Shorewood Drive. Mr. Boucher agreed. Mr. Brown recommended that the City Council adopt the schedule and approve the Ordinance striking the reclaimed water lines, sewer lines and manholes and the racquetball court upgrade. Mr. Boucher clarified that any projects to expand and increase capacity as a level of service would be identified on this schedule; however, maintenance projects would not. Mr. Boucher replied to Ms. Walsh that the projects listed were already completed. Ms. Roberts inquired about the population projections for the year 2013. Mr. Brown replied that he collected the historic data from the Bureau of Economic and Business Research, University of Central Florida. He used an historical trend of 1.5 percent as an annual growth rate. Mr. Brown replied to Ms. Roberts that he did not pursue the number of units in foreclosure. Ms. Walsh asked if the Planning and Zoning Board had reviewed Mr. Brown's modifications. Attorney Garganese responded that he did not deem it necessary. Mr. Dunn, Planning and Zoning Board Member, disclosed that Mr. Brown had informed the Board that he planned to make revisions. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 12 of 13 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Ordinance No. 122008 for Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 12. Development Moratorium on All Properties Adjacent to State Road AIA. Ms. Roberts explained that since the Council was moving.toward a more defined work period for the visioning process, her request was for the Council to consider a moratorium until the visioning process was complete. Mayor Randels questioned her basis of telling a property owner that the land could not be developed. Ms. Roberts brought out that the visioning process would include some impacting property issues. Attorney Garganese clarified that the City was not in a position to hinder a property sale. However, a moratorium impacted the practical aspects of a sale such as the land use. Mr. Petsos questioned the issue of vested rights. Attorney Garganese explained that generally no one has a vested right to. a specific use. However, if the City attempts to eliminate an existing use currently in its Code, then arguably a vested rights issue could follow. Attorney Garganese explained how a moratorium would provide a status quo until such time that the City concludes with the visioning process. Ms. Roberts responded that there were key,undeveloped parcels which could partner with the City in the potential land development as part of the City's visioning process. She mentioned that those businesses at the City's gateway would weigh-in during the visioning process and she reminded of how quickly construction occurred using Burger King as an example., ; Ms. Roberts mentioned how a moratorium would help to shape any future development that is.in line with the City's visioning process. She mentioned how the Burger King was cooperative with the City in working on their design. Attorney Garganese explained that the approved Contract for the City's Visioning Process showed that the City was serious about making subsequent changes to its Codes. On the other hand, Attorney Garganese explained also that business owners might want to express their re -development intents during the visioning process. Attorney Garganese advised the Council to act.expeditiously if a moratorium were planned. Under the law, he explained that the Land Planning Agency was required to make a recommendation to the Council and the Council would subsequently hold Public Hearings. A specified time was required to impose a moratorium which would be based on the timeframe of the visioning process. Mr. Brown suggested using overlay to limit the range of commercial uses. Ms. Roberts suggested having the Planning and Zoning Board review the issue and return with a recommendation to the Council. Mr. Petsos expressed his concern with a blanket moratorium. Ms. Walsh suggested informing developers of the visioning process during Staff review. Attorney Garganese clarified that the point so far was notifying to developers City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 6, 2009 Page 13 of 13 and property owners of the anticipated visioning process. He explained, however, that a moratorium does more than provide notice; it establishes a status quo and prevents property development. Ms. Roberts expressed her concern with development that was contrary to the City's visioning plans. Mayor Pro Tem Hoog stated that he would not support a moratorium which would hinder the possibility of jobs or potential property sales. Ms. Roberts clarified that she was specifically addressing development through a moratorium and not sale and purchase. Mr. Lamar Russell, Planning and Zoning Board Vice -Chairperson, stated how a moratorium would hinder the progress that Council's vote to move forward with the visioning process just started. However, the Board"would be amenable to reviewing a moratorium if that were the Council's assignment. Mr. David Schirtzinger stated that moratoriums are beneficial for planning; however, he preferred to see the City move forward with the visioning process. Mr. Russell noted that a moratorium required advanced newspaper notice. Attorney Garganese affirmed that a moratorium Ordinance adoption required notice. Mr. Boucher added that a moratorium also required notifying adjacent property owners. Mr. Petsos reminded that the visioning process could be extended through the Board review process. Ms. Joyce Hamilton expressed how the City needs growth. She stated further how the Board's review process, which required 7-8 months, would lead to proper development. MayorRandels concluded that Mr. Petsos, Mayor Pro Tem Hoog, Mayor Randels and Ms. Walsh were not in favor of a "moratorium. Mr. John Johanson recommended concurrently addressing development along with the visioning process in order not to impede progress. Mayor Randels clarified that this was a discussion item and no vote was required. 13. Project, Reports and. Calendar. Ms. Roberts deferred discussion on this item to the January 20th City Council Meeting. She asked if the Council would have an opportunity to provide input toward the State of the City address from Mayor. Randels and the City Manager. Mr. Boucher affirmed. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 01-20-09 AGENDA Heading Ordinances -21 Reading Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 12-2008, 5 YEAR SCHEDULE OF CAPITAL IMPROVEMENTS DEPTIDIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: Adopt the 5 Year Schedule of Capital Improvements of the Capital Improvements Element for transmittal to the Department of Community Affairs. Summary Explanation & Background: According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. On December 10, 2008 the Planning and Zoning Board reviewed the 5 Year Schedule of Capital Improvements. Exhibit "A" is amended as discussed at the 01-06-09 meeting. Exhibits Attached: Memo to Council Ordinance 12-2005 Public Facilities Capacity Analysis and 5 Yr Schedule of Capital Improvements P&Z Board Recommendation City Mana Office Department COMMUNITY DEVELOPMENT DEPARTMENT t-ip-e-nt'Ckim\my oc nets\admin\cou�re-i'1\meeting\2009\01-20-09\12-2008.doc � Ecu CU / � ƒ / c q 2 3 § a) E d � 2 ca : / Q m % / L q d � \ Q w � q � LL q k » U- 0 0 0 $ q \ $ 00 r Ln ¥ / U- § a J qj E Ln +1 $ CU E » 2 2 / 5 = [ oo r m . 2 CU > 2 2 3 E v a S 2 2 c / ro m ° c > . } L) r — § § U m W � ' � / m CL § § k f [ 2 \ (IJ — 0 — (D k ai § CL U - k /� E S 2 / Loc uƒ 2 §CL 7§ § 2 0 r 0 66 Ln (D 41 °' ) / f f 2 § t c _ 0 ©� a��2 23 �M / \ 0§ 6 ƒ a 2 o m In gun 2 u 2 m MEMORANDUM Date: December 10, 2008 To: City Council Members From: Barry Brown, Planning and Zoning Director RE: December 16, 2008 Council Meeting Florida Statutes mandates that every year local governments update their Capital Improvements Element including the 5 Year Schedule of Capital Improvements. We are going to update the body of the Capital Improvements Element next year as part of the EAR based amendment process. However, we need to update the 5 Year Schedule of Capital Improvements at this time so that we can continue to amend our comprehensive plan. This is merely an administrative exercise; no policy direction is being proposed with this update. Our comprehensive plan establishes minimum level of service (los) standards for certain public facilities and services such as sanitary sewer, solid waste, drainage, potable water, parks and recreation, schools, and transportation. These adopted levels of service must be maintained into the future. In order to determine if we will continue to have capacity in these facilities in the future, population projections are prepared and a basic public facilities capacity analysis is performed. The LOS facilities for which the City is directly responsible: sanitary sewer, drainage, and parks and recreation, all show capacity through the five year planning timeframe. No capital improvement projects are required in order to maintain adopted levels of service over the next five years. Potable water is supplied by the City of Cocoa and they are projecting capacity through 2013. Brevard County provides for the disposal of solid waste and they have capacity through 2023. School capacity falls under the purview of the Brevard County Public Schools and their 5 Year Facilities Work Program addresses school construction. All roads in the City for which minimum levels of service have been adopted are either County maintained or State roadways. None of the roadways are projected to have LOS deficiencies in the 5 year planning timeframe. ORDINANCE 12-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE FIVE (5) YEAR SCHEDULE OF CAPITAL IMPROVEMENTS IN ACCORDANCE WITH THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT ACT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by Iaw; and WHEREAS, section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Florida Department of Community Affairs; and WHEREAS, the Five Year Schedule of Capital Improvements ("Schedule") serves as a companion to the Comprehensive PIan and the Capital Improvement Element ("CIE") of the Comprehensive Plan, by linking capital expenditures with the adopted public policy; and WHEREAS, the Schedule furthers the City's legitimate purpose of meeting the demands for new and properly maintained infrastructure and facilities in a fiscally responsible manner and in furtherance of section 166.021, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed Schedule, as set forth herein, and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the proposed Schedule consistent with the City of Cape Canaveral Comprehensive Plan; 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by Cit' of Cane Canaveral Ordinance 12-2005 Page 1 of 2 reference as legislative findings of the City Council of Cape Canaveral. Section 2. Adoption of Five -Year Schedule of Capital Improvements. The City Council of the City of Cape Canaveral, Florida hereby adopts the Five -Year Schedule of Capital Improvements, attached hereto as "Exhibit A," and fully incorporated herein by this reference. 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. 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 5. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City Charter. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 32009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts SUSAN STILLS, City Clerk Betty Walsh Transmittal Hearing: Adoption Hearing: Effective Date: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 12-2008 Page 2 of 2 a / � j 2 & M, / « a 7 $ u Lu L- 0) _ ƒ75 / 2 : / / $ k LZ . � � q � q / � \ C e - \ k A e LL k _ / �\ CD k 0 \ $ $ n . m Ln m w / LL (v� / / 0 ƒ 2 § G e a 2 ® - : k % / 4- 2 :3 [ ƒ f \ Ln / / /LL k-0 , -- - u .. u J > : u k E / ra m § _ ƒ 2 /; 2 2m ° CL § 2 2 § 2 { m / ® t § 2 � / ra q 2 /E 1 41 41 / E / o / e 2 ° § '�_ / t k � / u / 2 / ) / / / m < 0 oCL FL E 2 § %E k m m' 2/ 5 f k § § 0� § y e 2 2 ■ R f. - 0 c 3 q t o/$ 2$ 7 R » 2 ® % $ 12 2 � / - § § k k 8 /§% 41 ° 2 E\ 10.�k x'$ � E v c = 7 R% R £ d 2 W a 2I u V V e u z m City of Cape Canaveral, Florida Capital Improvements Element Annual Update to the 5 Year Schedule of Capital Improvements Public Facilities Capacity Analysis According to Florida Statute, each city is required to annually update its Capital Improvements Element and the Five Year Schedule of Capital Improvements. The City prepared its Evaluation and Appraisal Report (EAR) in 2007. Any proposed revisions to the Capital Improvements Element as identified in the EAR will be made in 2009 as part of the EAR based amendment submittals. However, the State requires that the 5 Year Schedule of Capital Improvements be updated at this time or we will not be able to amend our comp plan. In order to determine if capital improvements are necessary to maintain adopted levels of service, the following public facilities capacity analysis has been performed. Data and Analysis as provided in the EAR have been used in the preparation of this analysis. The City is directly responsible for the provision of sanitary sewer, stormwater/drainage, and parks and recreation. 'As demonstrated in this analysis, no facilities for which the City is responsible will experience a deficit in LOS during the five year timeframe of the Schedule. Cocoa supplies potable water and Brevard County provides solid waste disposal. Both have capacity beyond the planning period. Public Schools are the responsibility of Brevard County Public Schools and their 5 Year Facilities Work Program addresses school construction. All LOS designated roadways in the City are projected to have capacity through the planning timeframe. Sanitary Sewer Adopted LOS is 118 gallons per person per day Capacity is 1,800,000 gallons per day 2008 —13,294 x 118 = 1,568,692 gpd 2013 - 14,321 x 118 = 1,689,878 gpd No capacity issues are projected. Stormwater/Drainage Currently, the City has adequate drainage facilities. Since 1999, the City has utilized baffle boxes at key points to improve water quality and is currently installing additional baffle boxes in the Central Ditch at Central Blvd. The City adopted a Stormwater Master Plan in late 2000 which has been continuously implemented since. A Stormwater Utility fee was adopted on October 1, 2003. All development is required to meet City and SJRWMD standards for on-site water retention and treatment. Parks and Open Space Parks Adopted LOS for Parks is 2 acres11000 population Currently the City has 34 acres in Parks 2008 —13,294/1000 = 13.29 * 2 = 26.6 acres to meet adopted LOS 2013 - 14,32111000 = 14.32 *.2 = 28.64 acres to meet adopted LOS No level of service issues are projected for parks. Open S ace The City has an adopted level of service for open space of 1 acre per 1000 persons. In Cape Canaveral this standard is exceeded many times over merely by taking into account the many acres of beaches available to the public as well as open space at school facilities, City parks, and vacant tracts of land. Solid Waste Brevard County provides solid waste disposal services for the City. The Brevard County Central Disposal Facility has approximately nine years, through 2017, of permitted capacity and an additional fifteen years, through 2023, of capacity in the southern expansion area. The capacity of the facility handles Class 1 and III materials. Current LOS is 8.32 lbs./capita/day. Additionally, the City has contracted with Waste Management for the pickup and transportation of solid wastes within the City. The existing contract began in 2004 and runs until 2009. Potable Water The City of Cape Canaveral obtains its potable water supply from the system owned and operated by the City of Cocoa under an intergovernmental agreement. The City of Cocoa has supplied central Brevard County, to include Cocoa Beach, Cape Canaveral, Rockledge, Patrick Air Force Base and a large population of unincorporated Brevard County with drinking water since 1957. The adopted level of service is 264 gallons per household per day and 60 psi. Studies indicate that the system should have capacity to supply all users during the 5 to 10 year planning period. Transportation The LOS roadways in our City are either under the jurisdiction of the Florida Department of Transportation or Brevard County government. A1A is a State road and North Atlantic Avenue, Ridgewood Avenue, and Central Boulevard are County roads. None of the LOS roadways in the City are projected to reach capacity through the year 2020. See attached Capacity -Demand analysis prepared by the Brevard County MPO in 2007 and included in our EAR. Population Projections to 2013 City of Cape Canaveral, FL year full-time seasonal total 2005 10034 2509 12543 2006 10317 2579 12896 2007 10526 2632 13158 2008 10635 2659 13294 2009 10795 2699 13493 2010 10956 —27391 13696 2011 11121 27801 13901 2012 11288 —28221 14110 2013 11457 2864 14321 The City is projecting only modest gains in population over the next five years. Given the economic recession, credit crunch, over built condo market, and the number of units in foreclosure, residential construction has come to a halt. The economy is not predicted to start turning around until 2010 and even then it will grow slowly and the demand for new housing will likely grow slowly as well. In addition, our area will be affected by the retirement of the space shuttle and the lack of space activity before the Constellation program is started. Therefore, we are projecting a 1.5% annual growth rate, the same rate as the last two years. \ 2 d § Z,dcr, ƒ � %U a d U w § ƒ/ m CD N 2 0MN�m �1170 Iceo) 0 Cl 0 E > t'4 16.q m� q ® r ƒ- F 7 m cc% § 7 r-4 q.T--i � 9 & pi 2 a m � m � U�- 0 w § ƒ/ m CD N 2 0MN�m �1170 Iceo) 0 Cl 0 2 _ q > k 16.q k ƒ w § ƒ/ m CD N 2 0MN�m �1170 Iceo) 0 Cl 0 > ? F m � ƒ- MD m r-4 q.T--i k � � = 3 u 2 \ k a wtj � § k \ ;k a r-4� � $ ■ # u > � F m � ƒ- Ci a City of Cape Canaveral CITY OF CAPE CANAVERAL Date: December 11, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerkj From: Susan Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Ordinance 12-2008, Adopting the Five (5) Year Capital Improvements Program. in Accordance with the Local Government Comprehensive Planning and Land Development Act. At the Local Planning Agency meeting, held on December 10, 2008, by majority vote, the Board. recommended approval of the above referenced Ordinance to the City Council. Please schedule this item for the December 15, 2008 City Council meeting. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 012009 AGENDA Heading Ordinances -1' Reading Item 3 No. reasonable period of time or the application will be deemed abandoned. It also requires that applicants attend AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2009, LAND USE APPLICATIONS ORDINANCE DEPTIDIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: To adopt Land Use Applications Ordinance No. 01-2009 Summary Explanation & Background: This is an ordinance to streamline and expedite the application review process by implementing more structured application review requirements for land use applications including rezonings, variances, special exceptions, and administrative appeals. Specifically, it requires that applicants provide complete applications, including additional information requested by staff, within a reasonable period of time or the application will be deemed abandoned. It also requires that applicants attend public hearings and provides a procedure for requesting postponement of scheduled public hearings. Exhibits Attached: P&Z Recommendation; Ordinance No. 01--2009 City Mana a •' Office Department COMMUNITY DEVELOPMENT DEPARTMENT -;Fo e admin\council eeting\2009\01-20-09\01-2009.doc City of Cape Canaveral CRY OF CAPE CANAVERAL Date: January 15, 2009 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Chapter 110, Section 110-30 of the Cape Canaveral Code of Ordinances, Related to Land Use Decisions; Amending Application and Hearing; Providing Procedures; Procedures for Handling Deficient Applications; and Setting Forth Specific Criteria and Time Frames for Processing Applications — Kate Latorre, Assistant City Attorney. ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on October 14, 2009, following review and discussion of the proposed ordinance, by unanimous vote, the Board recommended approval to the City Council. 7510 N. Atlantic Avenue • post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 wwwmyflorida.comlcape • email: ccapecanaveral@cfl.rr.com ORDINANCE NO.01-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE H OF CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO LAND USE DECISIONS; AMENDING APPLICATION AND HEARING PROCEDURES; PROVIDING PROCEDURES FOR HANDLING DEFICIENT APPLICATIONS; SETTING FORTH SPECIFIC CRITERIA AND TIME FRAMES FOR PROCESSING APPLICATIONS; 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 processes land use applications for rezonings, variances, special exceptions and administrative appeals pursuant to the procedure set forth in Article II of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances; and WHEREAS, once a land use application is submitted, the community has an interest in seeing the application processed and considered in an efficient and timely manner; and WHEREAS, the City desires to streamline and expedite the application process by implementing more structured application review requirements; and WHEREAS, the City Council believes that by requiring applicants to submit a sufficient and complete land use application to city staff within a certain time period, and by requiring city staff to schedule applications for public hearing in a timely and expedited fashion, the City will provide a more effective method by which applicants can have their land use applications determined; 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 City of Cape Canaveral Ordinance No. _-2009 Page 1 of 4 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 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE H. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY Sec. 110-30. Staff reviews application deficiencies. (a) The city staff shall be required to review all applications for rezonings, variances, special exceptions and administrative appeals, and make written recommendations to the applicable city board. 1i In the event an application does not contain information reasonably necessary for staff to complete its review and recommendation to the applicable city board, staff shall provide written notice to the applicant that the application is deficient. The written notice shall specify the additional information necessary for staff to complete its review and recommendation on the application. If the applicant fails to cure the deficiencies within 30 calendar days of the date of the written notice the application shall be deemed abandoned and administratively denied on the basis of an incomplete application. Upon written request of the applicant, the city manager or the city manager's designeeygrant one (1) 30-daX extension of time for the. applicant to cure the deficiencies, provided the applicant demonstrates rood cause for the extension. Extension requests shall be submitted to the city manager 12rior to the expiration of the initial 30 -da period. (bc) Upon completion of staff's review and written recommendation on an a1212lication, the application shall be scheduled for consideration_ by the planning and zonina board or board of adjustment, as required by this article, for a duly noticed public hearing „at the board's next available meeting. kipon completion tfthe written recommendation, shall f6ward the application, along with die recommendation to either die Planning and 2-011ing board or the board of adjustment, as required by this article, fib, a duly noticed publie h'a'm City of Cape Canaveral Ordinance No. _-2009 Page 2 of 4 Sec. 110-30.1. Attendance required at public hearings; postponement of hearings, Lal &2plicants shall be required to attend all 12ublic hearings required by this article to answer questions and to provide supplemental evidence and testimony on the applicable review criteria. Failure of an applicant to appear at the public hearings may be a basis for denial of an application where the board determines that the application on its face, as well as any additional evidence and testimony resented during the public hearing, do not provide substantial competent evidence to support approvingthe he application. Applicants mgy request to postpone a scheduled public hearing on an application one (1)time. Said request shall be submitted in writing to the city manager prior to the scheduled, hearing.If postponed, the hearingshall be scheduled for the board's next available meeting and the applicant shall be resl2onsible for the cost of any additional notices required by this article. (c) During the course of a public hearing, the board may. on its own motion or at the request of staff, an applicant or interested person, table or postpone consideration of an application at any time for the following reasons: LL To obtain additional_ information relevant to the application; Because of time constraints: al To afford interested parties an o1212ortuni1y to testify and provide additional relevant evidence: For Lack of quorum; La For emergencies; To seek legal counsel, or L, For any other circumstances in furtherance of due process. Section 3. Pending Land Use Applications. Any land use application subject to the procedures set forth in Chapter 110, Article II of the Cape Canaveral City Code which is pending on the effective date of this Ordinance shall be subject to the provisions set forth herein. City staff shall provide written notice to applicants with deficient applications pursuant to the requirements of section 110-30(b), herein. Complete applications not yet scheduled for public hearing shall be scheduled for the next available hearing of the applicable reviewing board pursuant to section 110- 30(c), herein. City of Cape Canaveral Ordinance No. _-2009 Page 3 of 4 Section 4. Repeal of Prior Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, orparts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 6. 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 7. 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 , 2009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels C. 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: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2009 Page 4 of 4 Meeting Type: Regular Meeting Date: 01-20-09 AGENDA Heading Site Plan Item 4 No. Plat of Villagio del Mar; P&Z Recommendation; Resolution No. 2009-03 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2009-03, FINAL REPLAT FOR VILLAGIO DEL MAR DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT Requested Action: To approve the final plat for Villagio del Mar, a replat of Lots 1 and 2, Block 6 of Avon by the Sea. Summary Explanation & Background: This is a replat of two lots into three for the purpose of constructing townhomes. The property is located at the southeast corner of Ridgewood and Washington Avenues. The townhome project has been constructed. Exhibits Attached: Plat of Villagio del Mar; P&Z Recommendation; Resolution No. 2009-03 ty Ma 's Office Department r COMMUNITY DEVELOPMENT DEPARTMENT pe-nt\kim\my ocu nts\admin\cou eeting\2009\01-20-09\2009-03 r. M. RESOLUTION NO. 2009-03 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "VILLAGIO DEL MAR"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, David Welsh has complied with the re -platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Re -Plat of Villagio Del Mar - Section 23, Township, 24 South, Range 37 East, Block 6, Lots 1 and 2 - is hereby approved. SECTION 2. The Mayor and the City Clerk are hereby authorized to execute said re -plat. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 201h day of January, 2009. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney From: City of Cape Canaveral January 15, 2009 Bennett Boucher, City Manager Susan Stills, City CIerk Susan L. Chapman, Secretafy, Planning & Zoning Board Re: Recommendation to City Council Villagio Def Mar Final Replat At the Planning & Zoning Board meeting, held on January 14, 2009, by unanimous vote, the Board recommended approval of the above referenced Final Replat to the City Council. Please schedule this Final Replat for the next City Council meeting agenda. 105 Polk Avenue • POSt 01111Ce Box 336 • Cape Canaveral, 1-1. 32920-0326 l'elephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (.31.1) 868-12418 www.mynorida.comlcape • e-mail: ceapeeanaveral(W)A.mcom MEMORANDUM Date: January 7, 2009 To: Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: January 14, 2009 P&Z Board Meeting Happy New Year and Go Gators! We have a fairly light agenda for the next meeting. The first item is a review of the Villagio del Mar final replat and a recommendation to the City Council. This is a replat of two lots into three for the purpose of constructing townhomes. The property is located at the southeast corner of Ridgewood and Washington Avenues. The project has been constructed and it is beautiful; take a look before the meeting if you have an opportunity. The second item is an ordinance revising our code to streamline and expedite the application process by implementing more structured application review requirements. Specifically, it requires that applicants provide complete applications, including additional information requested by staff, within a reasonable period of time or the application will be deemed abandoned. It also requires that applicants attend public hearings and provides a procedure for requesting postponement of scheduled public hearings. Please call me at 321 868-1206 or email brown-cape(cDcfi.rr.com if you have questions or comment. APPLICATION FOR PLAT REVIEW DATE OF SUBNIITTAL: ' 1 (NOTE: SUBI ITTAL MUST BE SUBMITTED A NIMMUM OF 30 DAYS PRIOR TO THE PLANNTiNG & ZON.iN'G I1 -SETING; PLAT MUST MEET THE REQLuEMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELLI-M ARY PLAT, RE -PLAT, OR. IMNAL PLAT? d�G�lL AINIOUTNT OF Fill G FEE PAID: $ V7.50 AMOUN-T OF-ENGLNEERING DEPOSIT PAID: S -74 Z. ,�-� -lli��ac�ia - , DID BREV_kRD COLNiTY _, GE4GRAPT3IC .RESEARCH..DIV.ISION. APPRGVE-.TIiE --r� REQUEST FOR STREET NAh�, IF APPLICABLE? (NOTE: THIS NEEDS TO BE -DONE7PRIOR TOSUBMIITTAL). YES X40 N.A. PROJECT NAME: _ �1 t 4� ! �C.� PROJECT ADDRESS: 03 � 35_ 66'7 w rvl `'l, f !o' Cqf� LEGAL DES CRIPTION : O WNNER(S) NA'ylE: 01-VENER(S) ADDRESS: PROJECT ARCHITECT=N- W3 DEVELOPMEIr1-up 337 SOUTHAMPTON DRIVE INDIALANTIC, FL 32M. t -EER: A PHOT- NO. OF ARCHlTECTIE_-GLNEER: 3 I - y' C/-•��I S'r APPLICAITNIT(S) SIGNATURE: OWMER.IA GENT PHONE -NUMBER. OF--- ' /7z r SSA January6, 2009 Mr. Barry Brown City of Cape Canaveral 105 Polis Avenue Cape Canaveral, FL 32920 RE: Final Plat Review — `dillagio Del Mar— Review #1 SSA Job No. 05-0025, Task 052-1003 Dear Mr. Brown: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. Please note a title opinion will be required at the time of recording. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. David Roy Jo s, PLS Chief Survefor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #1— $500.00 NOTICE OF ADDITIONAL Z=EES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. SI'OTTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-783-7065 u.Voansottorivakivfprojectskape12aQ9lvllagiadel mar enalplallre46-# 00329 #F.B0000762 #L$0006700 City of Cape Canaveral Community Development Department 7510 N. Atlantic Avenue Cape Canaveral, FL 32920 (321)868-1206 Memo Date: January 6, 2009 To: City Manager, Bennett Boucher / Stottler Stagg & Assoc., John Pekar, City Engineer ,J Public Works Dept., Jeff Ratliff, Assistant Dir ctor �. CCVFD, John Cunningham, Assistant Chief Planning & Development Director ,Barry Brown C� � From: Susan Chapman, Administrative Assistant�� Community Development Department Re: Villagio Del Mar - Final Replat _ r Attached is a final replat for the Villagio Del Mar project. The preliminary replat for this project was approved by City Council on March 7, 2006. The project is now near completion and a sale on one of the units is pending. We are trying to expedite the approval of this final replat. Therefore, please review this final replat ASAP. In an effort to agenda this item for the next P & Z meeting on Wednesday, January 14th, we need your review comments by end of day tomorrow, Wednesday, January 7th. We appreciate your efforts in expediting this request. Please submit your comments or memo recommending approval via e-mail to me at: chapman-cape„@cfl.rr.com. Please let us know if the review timeframe will not work for you by calling either Barry or Susan @ 868-1206. Thanks, Susan MEMORANDUM TO: Susan Chapman Community Development Department FROM: Jeff Ratliff Storuawater Administrator City of Cape Canaveral 868-1240 DATE: 01/06/09 RE: Final Replat Vjillagio del Mar Public Works staff reviewed the fni4 replat docmeutation for the referenced site and has no comments,