Loading...
HomeMy WebLinkAboutPacket 02-20-2007 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 1 Polk Avenue, Cape Canaveral, Florida TUESDAY February 20, 2007 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: City Council Regular Meeting Minutes of February 20, 2007. 2. Proclamation in Honor of Irish -American Heritage Month. 3. Resolution No. 2007-05; Appointing an Alternate Member to the Planning and Zoning Board, Ronald Friedman. 4. Outdoor Entertainment Permit for the Space Coast Little League Opening Day Ceremonies. CONSIDERATIONS: 5. Motion to Approve: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2006/ 2007, Quarter Ended 12/31/2006. 6. Motion to Approve: Proposal for Little League Field and Basketball Court Lighting. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 01-2007, Amending Chapter 110, Zoning; Providing for a Definition of "Liquified Petroleum Gas;" Repealing The Definition Of "Fire District;" Repealing the Special Exception for Storage of Liquified Petroleum in the M-1 Light Industrial and Research and Development District; Creating Section 110-485 to Limit the Storage of 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 2 of 2 Liquified Petroleum Gas for Distribution Purposes to 1000 Gallons Per Lot of Record, at Second Reading. 8. Motion to Adopt: Ordinance 02-2007; Amending Article III of Chapter 70, Taxation; To Change the Term "Occupational License Tax" to "Local Business Tax" Consistent with Florida Law; Making Conforming Amendments to Chapter 6, Alcoholic Beverages, Chapter 10, Amusements and Entertainments, Chapter 34, Environment, Chapter 38, Fire Protection and Prevention, Chapter 80, Vehicles for Hire, Chapter 82, Buildings and Building Regulations, Chapter 110, Zoning, at Second Reading. ORDINANCE: First Public Hearing: 9. Motion to Approve: Ordinance No. 03-2007; Amending Chapter 102, Providing for a Definition of "Diseased Tree," at First Reading. DISCUSSION: 10. Purchase of the Fire Department Property Located at 190 Jackson Avenue. REPORTS: 1. City Manager 2. Staff 3. City Council 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. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 6, 2007 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 Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official Stormwater Administrator PRESENTATION: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Jeff Ratliff Mayor's Recognition of Mary Magee Mayor Randels explained how he and past Mayors attempted to select people who had benefited the community through exemplary community service. Mayor Randels shared a letter that he received from Ms. Mary Magee who was influential in capturing two men who broke into the Baptist Church adjacent to her home. Ms. Magee commended the Canaveral Precinct their prompt attention and she identified the individuals in the break in. Daniel Fernando Fritz who was caught again in a sting the following night and Kenneth Adams identified as a sexual predator and was extradited back to Kentucky. Mayor Randels stated however that Ms. Magee passed away before he could present this award to her. He would present a Key to the City to persons arriving to settle her estate. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 2 of 14 BOARD INTERVIEW: Ronald Friedman, Planning & Zoning Board Applicant. Mr. Friedman affirmed that all of the information on his application was true and correct. Mr. Friedman stated that he did not anticipate any Conflict of Interest. He informed that he was a retired consulting civil environmental engineer. He had 37 years experience and previously served on the Town Planning Board of Poughkeepsie, New York. Mr. Friedman felt that his past experience as an engineer would be beneficial to the Planning and Zoning Board. Ms. Roberts asked Mr. Friedman to explain his position in his new community. Mr. Friedman informed that he was voted President of the Bayside Homeowners Association. In the past he served on his town's Recreation Association Commission, involved with the Little League for 20 years, the American Heart Association, and he also helped with parking at City's Manatee Park event. Ms. Roberts expressed how Mr. Friedman could provide insight into the condominium community as well as from the northwest segment of the City and commended the Planning and Zoning Board for his interview. Mr. Petsos thanked him for his willingness to serve. Mayor Randels related how he met Mr. Friedman due to a missed solid waste pick- up that resulted in changing how turns are made during their route. He informed that Mr. Friedman was a frequent runner within his community. Mayor Randels concluded that a Resolution to appoint him to the Board would be placed on next City Council meeting Agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 16, 2007. 2. Outdoor Entertainment Permit for the Walk for Bibles, Sponsored by Brevard Baptist Association. 3. Outdoor Entertainment Permit for Fairvilla MegaStore Ladies Night 2007. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts asked to remove Items 2 and 3 for discussion. 2. Outdoor Entertainment Permit for the Walk for Bibles, Sponsored by Brevard Baptist Association. Pastor Bailey informed that $12,000 was raised at the last event. He informed that the Seafarers Ministry gives the bibles to the crew members on the ships. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 3 of 14 Pastor Dan Bailey replied to Ms. Roberts that he anticipated at least 120 people for the walk from 8 A.M. to 12 Noon. He affirmed to her that people would walk on the sidewalk and not in the street. Pastor Bailey informed that orange directional cones were usually set in place and directional signage for pedestrian crossing. He informed that T-shirts were also being provided. Pastor Bailey related that he received a permit from the Port toward the legality of the event. 3. Outdoor Entertainment Permit for Fairvilla MegaStore Ladies Night 2007. Mr. Garret Lind, Promotions for Fairvilla Megastore, affirmed to Ms. Roberts that 450 attendees were anticipated for the event and there was minimal publication in the newspapers and a mailer was sent out through the Cocoa Beach Area Chamber of Commerce. He affirmed to Mr. Nicholas that the event would occur on the Fairvilla Megastore property on the State Road A1A side and would not occur on the outdoor display Pirate Ship. Mr. Lind informed that the event would begin at 6:00 P.M. for V.I.P.'s and 7:00 P.M. General Admission with a $20 admission fee. He stated that a portion of the proceeds would go toward the Brevard Humane Society. Mr. Vinnie Rassomanno, Manager, stated that Fairvilla gave $4,000 toward the Manatee Sanctuary Park in a previous year. He also informed that the last year's Fashion Show was successful toward animal adoptions. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Accept Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ORDINANCES: First Reading: 4. Motion to Approve: Ordinance No. 01-2007, at First Reading. Mayor Randels read from the Fire Chief response to the Planning and Zoning Board in which he quoted from the Fire Protection Code that, "there is a very lengthy code that deals with [LPG]. The code would never allow any size tank, which if place properly, would cause undue risks to the public." He believes what the citizens were looking for is an additional regulation that would limit the storage of [LPG] for large distribution. The majority of what we have in the community is used strictly for utility purposes. His interpretation is that the people were asking for a Code that would prevent a [LPG] tank farm. His solution to the whole problem is to leave everything in the code with one exception. He recommended writing an ordinance that simply states that no [LPG] tank or combination of tanks that was used for distribution, shall exceed 1,000 gallons and leave the [LPG] that is used for residential and commercial utilities to the code that already exists. It is better and safer to have a properly sized and installed tank than to have a truck running up and down the road everyday to refill an undersized tank." City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 4 of 14 Mayor Randels stated for the record that the Ordinance was properly advertised on January 29, 2007. The Planning and Zoning Board heard the item on January 24, 2007 and approved it for recommendation to the Council. Mayor Randels read Ordinance No. 01-2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 110-485 TO LIMIT THE STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER PARCEL OF LAND; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. Mayor Randels reviewed the intent of the Ordinance through the WHEREAS clauses by reading, "the storage of liquified petroleum gas has been the subject of several meetings of the Planning and Zoning Board in recent months during which the Planning and Zoning Board has heard and considered the input of citizens and staff; the City has certain safety concerns regarding the storage and distribution of liquified petroleum gas within the City; the City Code currently allows by special exception storage of liquified petroleum projects in the M-1 Light Industrial and Research and Development zoning district subject to certain restrictions; the City's Fire Chief has provided extensive information at Planning and Zoning Board meetings evidencing that the storage of liquified petroleum is heavily regulated by both state and national fire safety codes which address proper location and volume of liquified petroleum tanks and other concerns of the City and its citizens; the City desires to repeal the special exception for the storage of liquified petroleum in the M-1 zoning district and leave regulation of the state and national fire safety codes already in place; the City instead desires to generally limit the maximum amount of liquified petroleum gas that may be stored in the City for distribution purposes to a total of 1,000 gallons per parcel of land; the City desires to repeal the term 'fire district" from its zoning regulations as the term is antiquated and no longer practical as used in the City's zoning regulations; the City finds this Ordinance to be in the best interests of the public health, safety and welfare of the citizens." Mayor Randels read the proposed changes in Code Section, Article I, 110-1. Definitions, to strike the definition for "Fire District" and to insert a definition for "Liquified petroleum gas" (LPG), meaning any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons, either by themselves or as mixtures: such as propane, propylene, butane (normal butane or isobutene), and butylenes. Under Article VII, Districts, Section 110,354, Special Exceptions Permissible by Board of Adjustment, Paragraph (6) was removed relating to liquified petroleum products and City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 5 of 14 the remaining paragraph would be renumbered. Under Article IX, Supplementary District Regulations, Section 110-485, Liquified petroleum gas shall be added to the Code and read, "The storage of liquified petroleum gas for distribution purposes shall not exceed 1,000 gallons per parcel. If multiple tanks are maintained on a single parcel of land, the total combined storage of liquified petroleum gas shall not exceed 1,000 gallons. Any storage of liquified petroleum gas shall comply with all applicable fire safety codes and any other applicable laws. Under Article VII, Districts, Division 5, C-1 Low Density Commercial District, and Division 6, M-1 Light Industrial and Research and Development District, Section 110-331, Intent, the sentence relating to " All buildings in this district shall be considered in the fire district, as per the definition in Section 110-1, and shall be built in conformance with the rules and regulation of fire districts," would be removed. Ms. Roberts thanked the northeast segment of the community for their input to develop the ordinance as well as the Planning and Zoning Board. Mayor Randels clarified that this would remove the Special Exception that allowed for Liquified Petroleum Gas storage except for those businesses that distribute propane tanks for limited use to residential customers. Mayor Randels informed that the Ordinance would be read again at a Second Public Hearing in two weeks. Mr. Rick Evans of 8921 Lake Drive, representing his neighbors stated that he spent his livelihood in the gasoline business. He distributed a letter to the Council. They confirmed that the gasoline is not an approved use in the M-1 zoning district and that the existing tanks were of non -conforming use as told by the Planning and Zoning Board. The Board explained that the removal of the tanks was not mandated; however, expansion was prohibited. Mr. Evans commended the Board on their research. He related on the possible result of a "BLEVAE, Blowing Liquid Expanding Vapor Explosion." He stated that the National Fire Protection Agency has documented deaths from as far as 800 feet away from such a storage tank. Mayor Randels interjected that that referred to gasoline products. Mr. Evans expressed the need for the Council to create standards and keep people from harms way. He pointed out examples of outcomes when placing people within 800 feet which could result in the danger of fatalities. Mr. Evans informed that he owned a software company that schedules gasoline truck distributions. He related how most fires were caused by lightning strikes and there were many in Florida. Mr. Evans pointed out from the photos he distributed how the fire trucks could only service a fire from a distance. He emphasized the need for realistic boundaries. Mayor Randels concluded that the Council would do everything possible to ensure the safety of the City's residents. Mr. Morley pointed out that in developing the ordinance; 1,000 gallons was chosen to accommodate the largest size of tank in the area that was commercially used. He noted when reading the Ordinance that it referenced the quantity of material as opposed to the size of the tank which will not always be the same. He requested for clarification that the Ordinance reflected the size of the tank as what was permitted. Mr. Boucher City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 6 of 14 explained that the Building Official was agreeing with the Fire Chiefs opinion letter and he too requested to use Fire Chief's verbiage in the ordinance. Mayor Randels pointed out that if multiple tanks were stored on the premises; 1,000 gallons was the limitation. Mr. Nicholas asked about the total gallon size in a typical mobile home park and questioned the cumulative total tank storage. Mr. Morley replied that the study did not include individual homeowner uses. Mr. Nicholas pointed out that the Ordinance refers to the total on a parcel of land and the mobile homes were on a parcel. Mr. Morley responded to Mayor Randels that any measure less than 500 gallons was measured in pounds. Ms. Roberts asked Mr. Morley if his point were to limit the capacity size to which he affirmed since it was easier to regulate the size of the tank than the amount of the product. Mayor Randels asked if the language should read 1,000 gallon tank per parcel." Mr. Evans pointed out that Chief Sargeant used the language 1,000 gallon capacity." Attorney Garganese clarified that the ordinance would need to remove the quantity and refer to capacity. Lamar Russell, Planning and Zoning Board Vice -Chairperson, stated from Chief Sargeant that the National Fire Code regulated those uses and there was no need for capacity when referring to mobile home parks and private home which was enforced by Code Enforcement. Mayor Randels concluded that the language referring to "gallons" would be removed and amended to reflect the tank "capacity." A resident inquired what was considered a parcel of land and she asked if Coastal Fuels was one parcel. Mayor Randels clarified that Coastal Fuels represented three parcels. Mayor Randels clarified that if the owners of the land requested a permit, they no longer had that Special Exception in the stated zoning for the storage of liquified petroleum gas. Mr. Morley stated that all previous Special Exceptions would become of legal non -conforming use. He expressed the audience's fear of Coastal Fuels re - platting in order to acquiring 50, 1,000 gallon tanks; however, that would not be a practical solution for anyone desiring liquified petroleum tank farm. Mayor Pro Tem Hoog stated that this Ordinance would remove the Special Exception for Liquified Petroleum storage in the M-1 zoning district. Mr. Morley replied that the Ordinance does allow a permitted use to have a distribution tank up to 1,000 gallons per parcel. He replied to Mayor Pro Tem Hoog that there was a greater quantity contemplated in the Special Exception. Mr. Morley stated that a 1,000 gallon tank was permitted for distribution only and that Coastal Fuels would be limited to 1,000 gallons on each of the three parcels. He summarized that this situation involved a zoning ordinance overlapped by a Fire code. Mayor Randels stated for the record that the Ordinance would be duly noted in the newspaper prior to the Second Reading in two weeks. Mr. Petsos announced a Sea Oats Planting for the beaches meeting at Cherie Down Park on Saturday, February 17th. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 7 of 14 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 01-2007 as Amended at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Ms. Roberts asked if Mr. Evans' concern on standards was addressed. Mayor Randels replied that Mr. Evans concerns were related to National Fire Code Standards. Mr. Evans stated the two problems as: 1) gasoline and the distances from it, and 2) liquified petroleum which he saw as a greater risk. He stated that the Planning and Zoning Board would still need to create proper distance standards. Mr. Russell concluded that the standards Mr. Evans was addressing were already in the National Fire Code. Mr. Boucher asked if there were a consensus from Council to research separation distances. Council concurred that more stringent laws could be applied. Mr. Morley responded that more stringent standards would require State approval in order to be applied State-wide and would be a challenge to adopt. 5. Motion to Approve: Ordinance 02-2007; Amending Article III of Chapter 70, Taxation, At First Reading. Mayor Randels read Ordinance No. 02-2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 70, TO CHANGE THE TERM "OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX" CONSISTENT WITH FLORIDA LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, ALCOHOLIC BEVERAGES, CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38, FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. Mayor Randels explained how this would avoid fraudulent activity and misrepresentation in which persons who paid an Occupational License Tax were using it to proceed to conduct business. The State of Florida recommended that municipalities remove the existing language in its Code referencing "Occupational License Tax" and replace it with "Local Business Tax." Ms. Roberts asked if discussion would allow for any changes or if the City had to accept what was provided. She pointed out examples in which the language could be made gender neutral. Attorney Garganese affirmed that changes could be made if they were not substantive changes. Ms. Roberts referred to Fees on Page 7. Attorney Garganese stated that he did not advise that the Council change any fees at this time because of the separate procedure required to amend Local Business Tax fees. Mayor Pro Tem Hoog stated that he would prefer to review comparatives prior to changing any fees. Mr. Boucher concluded that he would provide the regulations before Council attempted to amend the fees. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 8 of 14 Mr. Dunn questioned if this would apply to the weekend contractors in Ocean Woods. Mr. Morley explained that the ordinance would apply to the extent that any person who applies for a Local Business Tax, this would not give the appearance that the person doing business was "Licensed" and therefore authorized by the City to do business, but had merely paid a tax to do business. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 02-2007 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 6. Mixed -Use Zoning. Mayor Randels explained that the Council instructed the Planning and Zoning Board to re- evaluate the applications for mixed land use in the City. The Board was seeking further guidance from the Council. Mr. Russell addressed the Council and the Board would discuss the matter with an unbiased review without an application from a developer. The Board's discussion would also include the amount of viable pedestrian traffic to make for a successful mixed use concept. Ms. McNeely stated that she was receiving mixed signals about the mixed use concept and related how the Planning and Zoning Board was held in contention for commercial development along North Atlantic Avenue that allowed for residential next to commercial zoning. She questioned the Council's desire for mixed use that would now allow people to live within a commercial development. Mayor Randels explained how the mixed use development was an expected event whereas Special Exceptions did not allow residents to anticipate their resulting neighbor. Mayor Randels related on a visit to Winter Springs Town Center that implemented a mixed use development. He noted Mr. Russell's point that Cape Canaveral was not as large as Winter Springs and therefore might not have the same level of pedestrian traffic to sustain the businesses. Mayor Pro Tem Hoog expressed that many of the people who frequent Cocoa Village did not live in that area. Mayor Randels used for example the shopping district on Canaveral Beach Blvd. as the beginning of a walking community. He pointed out how this would slow traffic and might therefore slow down the gaming ship industry traffic. Ms. McNeely re -stated that there was some concern expressed over using North Atlantic Avenue. Mayor Randels related that he also visited a mixed use community in Altamonte Springs called, "Uptown" and expressed his favor with that mixed use concept. Mr. Petsos expressed that he wanted to see the concept explored as a development option and said that the full scope of a mixed use design would rest with the developer. Ms. Roberts expressed that the northeast segment of the City had anticipated a small shops based walking community due to the commercial zoning in that area. However, in agreement with Mr. Petsos the developers would have control over the final product without the Council's direction. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 9 of 14 referred to the previous mixed use application that was the developer's design. He concluded however that there was no Residential Planned Urban Development before Ocean Woods. Mr. Boucher explained how a paradigm shift was necessary in order to help the Planning and Zoning Board with a mixed use concept. He related that a firm depicted how slowing down traffic decreased traffic injuries. Mr. Randels referred to a previous suggestion that Mr. Petsos had to place traffic stops along Ridgewood Avenue. Mr. Nicholas brought out the absence of a supermarket in the City because the demographics would not support it. He pointed out how that slower traffic might not invite the number of businesses needed to sustain a mixed use development. Mayor Randels related on how people staying at the local hotel sought places to go in the community and said perhaps there was a demand. Mayor Pro Tem Hoog stated that there were few big businesses in mixed use concepts and mixed use concepts usually attracted small shops. Mr. Nicholas questioned why the hotels did not include the anticipated shops in their development. He stated that demographics drive businesses. Ms. Roberts reminded that the survey responses found that people were seeking small businesses. She stated that the City needed to invite and attract such businesses. Mayor Pro Tem Hoog informed that the developer would rent the shops before the construction was completed. Mr. Nicholas said that the commercial entities were responding. Ms. Roberts stated that the mixed use was attractive to certain type of development. She expressed that a proactive stance on the Council's part would establish what was needed. Ms. Roberts also stated that a town center and green space were the two priority concerns of the survey respondents. Mr. Nicholas concluded that he did not see the commercial entities coming into the City except the fast food franchises. A resident expressed that she was attracted to the community because of the small town atmosphere. She noted that mixed use was an ideal location for a small town shopping district. Mr. Peetz stated that his firm promoted mixed use development. He also stated that there were no unsuccessful mixed use developments in Central Florida so far. Mr. Peetz reviewed the success of Cocoa Village and Winter Park. He asked the Council to explore the concept open-mindedly. Mr. Peetz related that the previous mixed use application would have set the precedent for mixed use development in the County. Mr. Ray Osborne added that mixed use provided more options to develop existing buildings. Mr. Boucher pointed out that as the Planning and Zoning Board explored mixed use the possible areas would be identified for a small concept. Donald Dunn, Planning and Zoning Board member, suggested separate buildings to accommodate different types of businesses in close walking distance. Ms. Roberts mentioned that the Business and Cultural Development Board would conduct a business survey of existing businesses and this might provide additional insight from current businesses. Mr. Boucher referred back to Mr. Nicholas' concern of demand for business and informed that WalGreen's and CVS pharmacies have been seeking a location for some time. Mr. Boucher related that the price of land was cost prohibitive. He questioned if the City allowed for cost effective City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 10 of 14 development in commercial usage. Mr. Nicholas pointed out that State Road A1A was the main road and the City's physical geography might not allow for the concept. Mr. Boucher explained how the land structure appeared to only allow strip malls. Discussion followed on possible locations on the west side of State Road A1A. Mr. Russell stated that he was willing to open-mindedly review the mixed use concept. He also stated that the Board would gather the information and consider them for appropriate locations. He pointed out such sites as: the south side of Central Blvd. near the canal, the area on Astronaut Blvd. near the AJT building, Oak Manor, near the Straw Hat Club, or the empty lots on Central Blvd. He stated that he lived in the City for many years and favored the small town atmosphere but he was willing to explore the concept. Mayor Randels informed that the City had a very low tax base. He pointed out that the proposed double homestead exemption would subsequently impact the community with its low portability tax. He stated his belief of the need to acquire tax benefits through businesses. Mr. Osborne questioned the long process involved with submitting an Ordinance for mixed use to the Florida Department of Community Affairs [DCA]. He asked if the Ordinance would include where the mixed use would occur. Mayor Randels replied that any mixed use concept would need to decide the project. Mr. Russell informed that changes occurred first to the Comprehensive Land Use Map then the Zoning Map. Ms. McNeely pointed out that the City was in a high hazard coastal area and inquired about the Council's flexibility toward density. Mr. Petsos replied the drive-in traffic was also included in the mixed use concept; however, DCA would not allow for the increased density. Mr. Nicholas expressed that increased density would be a development concern. Ms. Roberts anticipated the research that the Board would seek from around the State and looked forward to guidance from the Board. CONSIDERATION: Add -On Item: 7. Stormwater Management Cost Sharing Agreement with the St Johns River Water Management District Jeff Ratliff, Stormwater Administrator, acquired a grant for $115,000 for the south portion of the Central Blvd. ditch from Central Blvd. south through State Road A1A. He reported that this grant included a $286,000 Florida Department Environmental Protection grant with the City contributing $94,000 from the Stormwater Fund. The total was $495,000 for the south end ditch. Mr. Ratliff outlined that the project was a massive clean-up project to clean out the dead vegetation, the pepper trees and re -grade the slopes due to erosion. He replied to Mr. Russell that a walking path was not of the plan. Mr. Ratliff stated that the area would be graded to an either a two -to -one or three -to -one slope. He informed that a decorative fountain was proposed near State Road Al and a bench near Central Blvd. Mayor Randels summarized that the grant funding amounted to only a 19 percent contribution from the City. Mr. Ratliff replied to Ms. Roberts that the project would start some time next year and would be completed within 60- to 90 -days. Mr. Boucher pointed out the need for a meeting with the Council on the project. He scheduled a meeting with the Council prior to the next Regular City Council Meeting on February 2e at 5:30 City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 11 of 14 P.M. which would eliminate the Code Review Workshop Meeting. The Drainage Ditch meeting previously scheduled for February 14th was cancelled. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Accept the Stormwater Management Cost Sharing Agreement with the St Johns River Water Management District. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Pelsos, For; Mayor Randels, For and Ms. Roberts, For. REPORTS: 1. City Manager Mr. Boucher announced a Workshop meeting with the Canaveral Precinct Staff for Thursday, February a at 5:30 P.M. Mr. Boucher announced a Joint Meeting with the Planning and Zoning Board meeting on Short Term Rentals for Thursday, February 15th at 5:30 P.M. Mr. Boucher reported that he would attend a meeting with the Brevard County Traffic Engineering and local utility companies in Viera on the following day. He would seek updates with the traffic engineers on the intersection project. He would also acquire the 30 percent plans on the North Atlantic Avenue middle turn lane. He also requested a comparative from Brad Smith and Associates for the North Atlantic Avenue project similar to that on Ridgewood Avenue. Mr. Boucher replied to Ms. Roberts that the light installation was scheduled for this month. Mr. Boucher announced that Mayor Randels could provide input on the left tum lane project as a result of his participation on the Brevard County Metropolitan Planning Organization. Mayor Randels reported that the State agreed to the roads on the previous Resolution. Mr. Boucher announced a Joint Meeting with the Council and the Planning and Zoning Board on the Sign Code for Monday, February 2e at 5:30 P.M. 2. Staff Building Official • Mr. Morley reported that he received a call from the Torpy Group representing TransMontaigne requesting an application for appeal of the Building Official's decision. • Mr. Morley also reported on Site Plan finals for Perlas del Mar. City Clerk No report. City Attorney No report. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 12 of 14 AUDIENCE TO BE HEARD: Mr. Ray Osborne announced that at Manatee Park on Thursday, February 15"' at 3:30 P.M. Mr. Ben Debase of the Sons of the American Revolution would speak about the marker dedication on March 10th and a re -enactor Mr. Gary Haas would bring in some Revolutionary War weaponry for display and possibly to discharge with Law Enforcement authorization. 3. City Council Ms. Roberts • Ms. Roberts requested to lease the building and land across from City Hall for City staff use especially the Building Department due to their cramped quarters, to provide additional parking, and for additional customer space needs such as for Site Plan reviews. She replied to Mayor Randels that this would provide an interim solution. Council directed the City Manager to inquire. Ms. Roberts mentioned that the Council had an opportunity to meet with Mr. Bill Parsons the new Center Director of the Kennedy Space Center. She related that a courtesy meeting could occur prior to any formal meeting. Mr. John Hales, Chief of Governmental Relations, suggested a courtesy visit from the City Manager and any member of Council at which time an invitation could be extended for Mr. Parsons to meet with the Council. • Ms. Roberts related how many other municipalities have conducted their Visioning Session. Mr. Boucher informed that Ms. Marilyn Crotty, from the Institute of Government, facilitated Cape Canaveral's initial visioning session in the mid -90's and Mayor Randels said that Canaveral set the visioning session precedent. Ms. Roberts expressed concern that the City was waiting too long in the year to schedule a Visioning Session. Mr. Boucher replied that the Council desired feedback from the Board's which postponed scheduling a meeting earlier in the year. Mr. Nicholas Mr. Nicholas reported on vandalism to the Manatee at the Sanctuary Park and recommended installing a security camera. The City Manager replied that the Recreation Director had proposed lighting and he would reiterate area patrolling. Mr. Nicholas inquired about several new adult arcades in two places in the Avon - by -the -Sea area, one of which was a former Fireworks Sales Store and also on Merritt Island at the former Winn Dixie. He questioned their proliferation and asked the City Attorney if legislation was becoming less restrictive. Attorney Garganese responded that the City established an ordinance that prohibited adult arcades in the City; however, he would seek additional information. Mr. Petsos • Mr. Petsos questioned the status of the soccer field. Mr. Boucher replied that the project was ongoing. There was $112,000 from the Florida Department of City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 13 of 14 Environmental Protection. He would continue to work with Stottler, Stagg and Associates on the project. Mr. Petsos asked if more bike racks were on order especially for the beach ends. • Mr. Petsos asked if the City Manager met with the new County Commissioner. Mr. Boucher affirmed. Ms. Roberts asked if Cape Canaveral could schedule the new Commissioner for a Town meeting. The City Manager would schedule a meeting at the Library. • Mr. Petsos inquired about the proposed Ron Jon project at the Port. Mr. Boucher replied that he had no word; however he informed that he shared the new Cape Caribe II proposed project. • Mr. Petsos reported that students from Cocoa Beach High School and the Stormwater Coordinator remarked the stormwater inlets. Mr. Petsos announced a Sea Oat planting project on February 17th at Cherie Down Park beginning at 9:00 A.M. He requested hot dogs and soft drinks. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog requested that the barricades remain after the sidewalk installations were complete due to the potential of damage to the new concrete. Mayor Randels Mayor Randels reported that the City was named a Tree City USA for the 18tH year. Mayor Randels asked if there were a location for the Nemours Hospital. Attorney Garganese reported that the hospital was filing its third application and still seeking a site. Mayor Randels reported that the State agreed to pay for the road projects in the Palm Bay area and the Florida Department of Transportation would also pay for any cost overruns. Mayor Randels informed that the County awarded $325,000 to 24 groups in the Brevard Arts Council and he noted $15,929 was awarded to Surfside Players. • Mayor Randels received a call regarding NASA's 50th Anniversary. He reported that a quarter page recognition ad was $9,950. Ms. Roberts inquired about the joining with other cities and sharing an ad. Council agreed to provide a Proclamation recognizing NASA's 50th Anniversary. Mayor Randels announced that he was working with Ben DuBose and the Sons of the American Revolution for a ceremony on March 10th at the Port. Mayor Randels reported that the City had been working with the Florida Department of Transportation on the Central Blvd. and State Road A1A project since 1989. Mayor Randels reported that there were still vacancies on the Brevard County Metropolitan Planning Advisory Board. • Mayor Randels reported that the Florida League of Cities helped the City collect $1,050 from insurance companies doing business in the City without a license. City of Cape Canaveral, Florida City Council Regular Meeting February 6, 2007 Page 14 of 14 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated to the colonies that would become the United States; and WHEREAS, following the victory at Yorktown over the English, a French Major General reported that the Congress owed its existence, and America possibly owed its preservation to the fidelity of the Irish; and WHEREAS, at lease 8 signers of the Declaration of Independence were of Irish origin; and WHEREAS, 18 Presidents have proudly proclaimed their Irish -American heritage; and WHEREAS, in 1892, Irish born James Hoban, and Irish immigrants, assisted in the construction of the United States Capital; and WHEREAS, on June 14, 1794, Irish born John Barry was the first naval hero of the American Revolution and became Commander -in -Chief of the United States Navy; and WHEREAS, Captain John Barry fought the last sea battle of the Revolutionary War off the coast of Florida and saved the United States Treasury; and WHEREAS, in 1782, Commodore Oliver Perry, an Irish -American, achieved his major naval victory in the Battle of Lake Erie; and WHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for democracy and freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory; and WHEREAS, Governors and mayors of over 37 states and cities have or will designate March of this year as "Irish -American Heritage Month"; and WHEREAS, Irish -Americans have provided leadership in the Political, Business, and Religious areas of this country since its inception; and NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of March 2007, as IRISH AMERICAN HERITAGE MONTH In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by participating in appropriate ceremonies and activities. C7FICE, OF: PRESIDENT Division 2 Erevard County, Irish American Heritage =Month Eaves- 0,4aiavLfl, Al,,lt Your Honor, OF ME-RNIANS INCORPORATED Organized in New York City, May 4, 1836 Patrick Moynihan 2472 Emerson Dr SE Palm Bay, Fl 32909-4872 27 January 2007 IN AMERICA Once again, The Brevard County Irish -American Community celebrates its heritage. Ever since its start under the leadership of the first exective officer, Irish -American Andrew Jackson, Irish- Anericans of Florida have provided leadership to their communities. We continue to be very proud of the current Irish -American Political, business and local leaders who are members of the State, County and Town/City governments. In the past, the month of March, St Patrick's day month, has been designated, "Irish -American Heritage Month". The Ancient Order of Hibernians will be involved in many local activities and the annual St Patrick's Day parade in Melbourne, on 17 March 2007 at 1:00 PM. We invite all Brevard County citizens to core out and enjoy the parade. We would also request your office issue a Proclamation proclaiming ;March as, "Irish-A.eerican Heritare ivionth", in support of this cele- bration of the contributions of the Irish -Americans over the years. Ne have provided'a few suggested WHEREAS statements for your review and possible use. Ne would like to thank e�qea d e opful for PATRICri ;v,O YN IRAN President Division 2, rrevard County, 2472 Emerson :,,r SE Palm Say, rl 3290y-4872 3-'1-972-':033 ,you for ,your kind consideration of this your approval. F1 fr�,Ia�id UHlrIT 5/1171/ N,­rt,r Bi,,.4t F4, a<<,. " Meeting Type: Regular Meeting Date: 02/20/2007 AGENDA Heading CONSENT ttem 3 No. Exhibits Attached: Resolution No. 2007-05/ Application/ Planning & Zoning memo. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT — RESOLUTION NO. 2007-05; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING & ZONING BOARD. DEPT./ DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-05, appointing an Alternate Member to the Planning and Zoning Board, Mr. Ronald Friedman. Summary Explanation & Background: Term will expire — 09/15/2010. I recommend approval. Exhibits Attached: Resolution No. 2007-05/ Application/ Planning & Zoning memo. City Manager's Office Department RESOLUTION NO. 2007-05 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 58-26 has created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Ronald Friedman is hereby appointed as an Alternate Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2010. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 2e day of February 2006. ATTEST: Rocky Randels, MAYOR ... Leo Nicholas Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Shannon Roberts APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY FOR AGAINST L d tt:: 'joi ivai y a0, 2007 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Appointment of 2nd Alternate Board member Ronald Friedman At the Planning & Zoning Board meeting, held on January 24, 2007, by a unanimous vote, the Board recommended that Ronald Friedman be appointed as the 2nd Alternate Board member. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.mcom CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY Pursuant to Section 2471, Cape Canaver. City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL? 1. Applicant Name: !� 0 Al /0 L D H. 2. Home Address: 3. Home Telephone: 0 4. Occupation: Re � '" f PAPE � im p 7�, v� ��•N �i�J. �l 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4a If yes to 3a, have your civil rights 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)(N) 4"" (Y)(N) /'--' 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent loe 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) LI(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. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: ►��c v�� Lc•�c� !t k 2. Briefly state any prior experiences in serving on any governmental board or committee: �li►IGa �teY "i ilii " %d 8eZXIM �i�r'o� ✓i3t (�c/. J 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: y' zc .-e�'riG,y s+ z G iC/G /aL z Tt 6J y 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. _� Board of Adjustment* C. Business and Cultural Development Board d. �_ Code Enforcement Board* e. Community Appearance Board* f. % Constriction Board of Adjustment and Appeals* g. Library Board h. �_ Planning and Zoning Board* i. Recreation Board j. Other *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American �/ Male Asian -American Female Hispanic -American Not Known Native American l� Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: 12iv Date:o� Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Once Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: Meeting Type: Regular Meeting Date: 02/20/2007 AGENDA Heading CONSENT item 4 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT - OUTDOOR ENTERTAINMENT PERMIT FOR THE SPACE COAST LITTLE LEAGUE OPENING DAY CEREMONIES. DEPT) DIVISION: ADMINISTRATION Requested Action: City Council consider approval of the Outdoor Entertainment permit for the Space Coast Little League Opening Day Ceremonies to be held on March 10"' 9 A.M. to 3 P.M. at City Park - Little League Field. Summary Explanation & Background: See Attached Application. I recommend approval. Exhibits Attached: Application City Managees Office. -• Department CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 e-mail: parkandrec(acfl.rr.com MEMO: TO: Mayor, Council Members, City Manager A' FROM: Nancy Hanson, Parks & Recreation Department Director,, DATE: February 1, 2007 RE: Outdoor Entertainment Permit The Space Coast Little League is planning to hold their opening day ceremonies at Canaveral City Park on Saturday, March 10th. The activities are planned from 9:00 a.m. until approximately 3:00 p.m., which includes set up and clean up time. This years activities will include, not only the introduction of the teams and sponsors, but also a live band, food, games and a Moon Walk. They will have a photographer present to take team pictures and some of the teams will play intra -team baseball games. They are planning to make this a real celebration! Please grant approval to their request. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PER1%Ur Pem-d4No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. L/ I Title: / �e C�v�s,c%v i T Name of Applicant: /-/G�h � � /'� e 67 E�-- ..S/ Firm: , ('0 Co c s 4 (-,44)e Address: C2 CC, c Telephone: 2 FAX: Local Contact: T��1�1/� �) V\ E trl (��1 Title: Local Address (if different from above)S i U i Type of Event: r, Event Date(s) in Cape Canaveral:� Location(s): Date(s) Time � � C c►����a eC r, Imo_ -V -c-, Attach map(s) indicating event area and designated parldng areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parldng on City Property Specify By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than 5300,000.00 dan5age or injury to any one person for bodily injury or otherwise, plus 525,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus 550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: / f� Policy No:�%��d Expiration Date: //� H. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Date �— U or Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (407) 799-3170 01/31/2007 12:43 FAX 321 242 9554 CERTIFICATE OF LIABILI'IY INSURANCE Keystone Risk Managers, LLC .-I"S Point Township Drive Northumberland, PA 17867 AODMNAL NAMED "VfWD. f3Pt�l'::E: (;OAI,31' Ll. JAME'S KONTOS 488 FNDJ:AN CRE E'K CII: COCOA BEACH FL. .329X31. DATE CERTIFICATE # 0002 /021C,'7 :3090200_..1 :3 09 22 AFFORDING INSURER A: I LEXINGTON INSURANCE COMPANY INSURER B: NATIONAL UNION FIRE INSURANCE (Non -Liability) COMPANY OF PITTSBURGH, PA INSURER C: I LANDMARK INSURANCE COMPANY COVERAGES _ THE POLICIES OF INSURANCE LISTED BELOW HAVE Itl`:EN ISSUED TO THE INSURED NAMED ABOVI: FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING %NY REQUIREMENT, TERM OR CONDITION OF ANY C1314MCT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY 'ERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 'OLIM-5. A UMLUA11: LIMN 1.) ar1UTTR mai nnvc ou: _ — - " '1ODL 1 sleas TYPE OF INSURANCE POLIt;Y NUMBER POLICY DATE IKVDDfrM DATE X11009 YYY UMITS GENERAL LIABILITY _ EACH 0CCURR04M $ ' 1000 .000 GffimAL"0wwE $2,000,000 X 509::!:195-02 1/01/2007 1./01/2008 X I OCCURRENCE X INCL PARTICIPANTS Props rC f DWasge Deldttwtlble: $250 A�GGRENI °P8 $1 .00 0,000 SEXUAL ABUSE $11000,000 X SEXUALABUSE $2 000 000 EACH LOSS $1,000,000 X DIRECTORS & OFFICERS x '.-.�. 09 1, /01 /'200'7 1/01/2008 AGGREGATE $1,000,000 X 0(}0'::30== 01.2 1/01/2007 1/01/2008 EACH LOSS $.35,000 CRIME COVERAGE - — — Crlme I:edUCIEIie: $250 ProP10111 $1,000 Money AGGREGATE NONE - — — As h Mrs1a RIr As in Master x1./01/ SPORTS EXCESS ACCIDENT '007 1/01./200I:1 I,Ied Diol a+000co Dedsso PDNcy Excess ')r" INDICATE$ COVERAGE SELECTED FUR Atte DI I KAMAL nlaela:u anaun" ADDITIONAL INSURED Who is. an insured (SECTION 11) of the General Liability pc filly is amended to indole as an Insured the pens: n or organlzaWn shown in the ec hall e. but only with respect iD lability arising out of the above named Little Leagues ""imamate or use of ball fields, or other premises Vaned, donated, or rented to that Little League by such person Or organizations and sui*d to the following additional switO DIIs:; 1. Si uctural afisrspons, new oorWAiction, malollenanae, rel aur or c lemoll on open dw* performed by or on beh all of the person or organization deelgnaled in Ate Schedule wxft pertommed by the above named Lila League and 2 That part of the ball field or other premises not being MII id by lte above named Little League I Ij%ME AND ADDRESS OF PERSON OR ORGANI:i ATION: CITY OF CAPE CANAVERAL L BRE:VARD COUNTY SCHOOL BOARD ;3 . CITY OF COCOA 3EACIA NSURED { _Gale League Basamil Risk Purchasing Groull. Inc. i39 U.S. RT. 15 HIGHWAY ;Doth Williamsport, PA 17702 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED Pt: UCIESIOTME ABOVE ExPIRATION DATE THEREOF. THE ISSUNG Ih SURER OR THEIR REF TO THE DESIGNATED PERSON OR ORGANIZI TION AT THEIR LW LEAGUE BE CANCELED BEFORE THE WL,MA L 3o DAYS WRITTEN NOTICE DATE: TO: FROM: SUBECT: MEMORANDUM February 14, 2007 Honorable Mayor and Members of the City Council Andrea Bowers City Treasurer Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2006/2007, Quarter Ended 12/31/2006 Revenues The new year has begun and activities within the City are in full gear. Revenues received for the first quarter of the year are well within original projected levels. With internal transfer dollars removed they stand at 41.4% collected. This collection percentage represents only those budgeted revenues actually received and is up from the 37% collection recorded this same time last year. Removing Ad Valorem taxes, historically collected in the early part of the year gives a collected percentage of 14%. This is in line with the target percentage of 10%, due to the full accrual, required by GASB 34. Cash Forward is increased in the Library, Beautification and Sewer Funds to provide funding for those projects both new and reappropriated from the prior year. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Most operating expenses for each department have a target percentage expenditure of approximately 20%. This is slightly lower than the 25% of the year due to the timing of payments. The Legislative budget has been increased to install a sound system to facilitate audience understanding during meetings at the Annex. Two message boards were used to provide information concerning the fireworks ordinance within the City during the new year's celebration. Funding for these message boards is added to the Public Safety budget. The Space Coast Little League has requested maintenance on the ball fields located at City Park. The budget for Street Department is increased to provide funding for grounds leveling, sod replacement, and projected scheduled maintenance going forward. In conjunction with the grounds rehabilitation at the Ball fields, lighting for the little league field is being brought up to current Little League standards. The lighting on the basketball court is also being upgraded to take advantage of the vendor being onsite. These expenditures are being made by the Parks and Recreation Department. The Business and Cultural Development Board was tasked by the City Manager to revise the 1999 Redevelopment Plan. A business survey is being conducted by the University of Central Florida to aid in the planning. Funding is added to Commercial Development to provide for this survey. Contingency is decreased to provide funding for the current year General Fund additions to the budget. Cash Forward is increased in the Library Fund to replace and move the sign. The new location will be at the corner of Polk and Poinsetta. Council approved the construction of a Gazebo at the Center Street Park. The funding for this project is added to the Beautification Fund budget along with additional funding for the Ridgewood Avenue Project. Funds originally budgeted in the Landscaping account in error are transferred to Operating Supplies to cover the costs of annual plantings around the City. Reserves (Cash Forward) are increased in the Sewer Fund to reappropriate the funding originally budgeted in FY 05/06 for the Sewer Rate Study. Reserves are also used to provide for the increased cost of the new Maintenance building and to purchase a Kjeidahl unit for the Lab. Funds are removed from Contingency and transferred to FEMA Mitigation to complete the engineering for the Buchanan/Orange Avenues Drainage project in the Stormwater Fund. This completes the requested Budget Amendments for the first quarter of the fiscal year 2006/2007. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. City of Cape Canaveral Budget Transfers for the Quarter Ended 12/31/06 10/1/2006 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Legislative 001-1-511.6400 Capital Purchases - 1,230 1,230 Amended Legislative Expenditures 1,230 Public Safety 001-4-521.5200 Operating Supplies 2,000 1,400 3,400 Amended Public Safety Expenditures 1,400 Street Department 001-7-541.4610 Building & Grounds Maintenance 27,750 20,000 47,750 Amended Street Department Expenditures 20,000 Recreation Department 001-11-572.6300 Facility Improvements 25,000 33,100 58,100 001-11-572.6311 Banana River Park Amended Recreational Dept Expenditures 33,100 Commercial Development Board 001-16-515.3400 Professional Services 8,000 9,500 17,500 Amended Commercial Dev. Board Expenditures 9,500 Non -Departmental 001-17-901.9900 Contingency 195,784 (65,230) 130,554 Amended Non -Departmental Expenditures (65,230) Amended General Fund Revenues Amended General Fund Expenditures Revenues 104-301.1000 Cash Forward 4,335 13,000 17,335 Amended Library Fund Revenues 13,000 Expenditures 104-23-571.6300 Improvements other than Building - 13,000 13,000 Amended Library Fund Expenditures 13,000 City of Cape Canaveral Budget Transfers for the Quarter Ended 12/31/06 10/1/2006 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Revenues 105-301.1000 Cash Forward 50,000 94,900 144,900 105-361.1000 Interest From Investments Amended Beautification Fund Revenues 94,900 Revenues 401-300.1000 Cash Forward 1,763,668 160,107 1,923,775 Amended Sewer Enterprise Fund Revenues 160,107 Expenditures 401-10-535.3400 Contract Services 22,000 37,040 59,040 401-19-901.6300 Facility Improvements 400,000 107,777 507,777 401-10-535.6400 Capital Equipment 167,200 15,290 182,490 Amended Sewer Enterprise Fund Expenditures 160,107 lmwa`�er"Fund' Expenditures 403-18-538.6315 FEMA Mitigation - 8,500 8,500 403-18-538.9900 Contingency 90,568 (8,500) 82,068 Amended Stormwater Enterprise Fund Expenditures - Meeting Type: Regular Meeting Date: 02-20-07 AGENDA REPORT AGENDA Heading Considerations Item 6 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FOR LITTLE LEAGUE FIELD AND BASKETBALL COURT LIGHTING DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the proposal for little league field and basketball court lighting in the amount of $13,453.00 by East Coast Power, Inc. as recommended by the parks & recreation director. Summary Explanation & Background: See attached memo. An appropriation of $13,453.00 is needed from the Recreation Impact Fee account. I recommend approval. Exhibits Attached: Recreation Director's memo City Manager's Department PARKS & RECREATION �iig"i ,uy . uuu CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 e-mail: ri 1'-, MEMO: TO: Mayor, Council Members, City Manager a4'� FROM: Nancy Hanson, Parks & Recreation Department Director DATE: February 15, 2007 RE: Little League Field/Basketball Court Lighting Contract I have obtained three written quotes for the retrofit and addition of light fixtures at Canaveral City Park Little League field and basketball courts. The following quotes are offered for your consideration: 1. $19,630.00 - P & L Electric, Inc. 2. $23,375.00 - Robinson & Robinson Electrical Contractors 3. $13,453.00 - East Coast Power, Inc. Since I have no experience with the low bidder, East Coast Power, Inc., I made calls to an agency that has used their services; North Brevard Parks & Recreation Department. The information that I received was very positive. They have used East Coast Power's services numerous times and have nothing negative to report ..... they have, in fact, been very pleased with past job performances. I obtained the name and number of this company from Central Brevard Parks & Recreation Department, who has also used them successfully for electrical jobs. Based on the information that I have obtained, I recommend that Council grant East Coast Power the approval to retrofit the lights on the Little League field and install new cross arms and light fixtures/lamps on the basketball court. 02/13/2007 01:14 3212681880 EAST COAST POWER PAGE 01 EAST COAST POWER, INC. P -0 -BOX 9 • SCOTTSMOOR, FL 32775-0009 Phone: 321-268-9898 • Fox: 321-268-1880 February 12, 2007 Cape Canaveral Parks & Recreation 7300 N. Atlantic Ave. Cape Canaveral, Fla. 32920 Att: Nancy Hansen Re: Replace Ball field Lights PROPOSAL • Installation of 19 new City provided ,fixtures. • Removal and reinstall 23 existing fixtures, w/ lamps. • Removal of exist. Crossarms, Installation of new City furnished arms. • Provide Individual fusing for each fixture. • Provide new PVC junction boxes at top of poles. • Disposal of old crossarms . • Provide & install 2ea, 4 pole Lighting contactors. • Aiming of New Lights. Total = S 11,978.00 00, ZZgene C. Prircuner President, East Coast Power State Certified EledAeal Contr000r & EC M2365 02/13/2007 01:14 3212681880 EAST COAST POWER PAGE 02 EAST COAST POWER, INC. P.O.BOX 9 - SCOTTSMOOR, .FL 32775-©009 Phone: 321-268-9898 •Fay 321-268-1880 February 13, 2007 Cape Canaveral Parks & Recreation 7300 N. Atlantic Ave. Cape Canaveral, Fla. 32920 Aft: Nancy Hansen Re: Replace Basketball Court Lights PROPOSAL: • Demo Existing Fixtures. • Install Owner Furnished Crossarms. • Install Owner Furnished Fixtures (6ea.) • New Junction Boxes. • Fusing for each Light. Total a $ 1,475.00 enc C. Primmer President, East Coast Power Inc. State Certified Electrical Contractor - EC -0002463 02/14/2007 14:45 P+L ELECTRIC INC 4 13218681227 NO.588 Pol Name: Nancy Hansen Company: City of Cape Canaveral Datc. Fd 3nutry 14, 2007 #PLM 107 S6 Fax: 321-862-1221 RE: Little Lespe 11' kM Rearofit Email: U ELECTRIC, INC. 4765 Spring Avenue Nanh CLEARWATER. MAMMA 33762 EC 13001158 CLWTR: (727) 573-2010 TPA: (813) 2220646 FAX: (727) 572-0386 All material (where applicable) is guaranteed to be as specified. AS work to be completed In 4 professional manner according to standard practices. Any alteration or deviation Aram above apedfi atfom involving extra coats to Include 'over rane houn' hdg be executed only upon vwitten orders, and will become an ecus charge over and above this proposed bed. Aa addtlonal hours reflected by change orders and/or due to other trades shad be added to the end of the proposed lime allowed as additional time or extended cx mplalon date, Owner is to carry Are, tomado, and other necessary Insurance. All P&L employees we fully covered by VVorkws Compensation insurance. The undersigned do/does hereby accept this proposal numbered PtJlaflf7-511 dated, February 11, 2007, as provided by Pat Elscole, Inc, a copy of vAich is attached hereto and made a part hereof by reference. Payment is to be made as specified therein. In the eyent it becomes necessary to institute any legal action or fiGgetkon Io collect payment on this account, P&L Efec k Inc- shall be entitled to recover the coed of collection and reasonable attorney's fees, including attomey's fees Ilxough appeal. If payment is not received as stated in the proposal, of said work, a Isto fee of 1.671 of the oulatending balance shall be collected. In addition, a service charge of 560.09 shad be charged for any checks returned as MW or UNCOLLECTED hinds. 'Please be advised all quotes ate firm for 80 days only unieas atherwise noted, Quotes accepted after the 30day period shall be eubieot to price increases due to material price fluctuation. Materials for work on said project will only be plated on order upon receipt of this document signed by an authorized representative of the firm in which It is addressed. This document does in no way suggest that M Electric, Inc., Is legally bound to said project or dollar amount, this document Is merely a quotation for sarvices. This document roust be signed by an authorized representative of "City of Cepa CirminwaP, and must be submitted via fax to P&L Electric, Inc., 1.727.572-0305 prior to work commencing. By signing this document you are hereby acknowledging, understanding and accepting all terms and conditions contained herein. Ms. Hansen, Biwd on iti£onnation received pertaining to the retrofit of 42 -Hubbell Sports Lighter fixtures 8: cross arms, I- Now lighting cootac(or, acid I - Electrical paeel moire (upgrade) .eve propose to fitrnish all imaterials. Labor al>td equipluent necess:lry to cotnplele the scope of work in a Iiniely. professiowl. and lvoririnanlike nlaltner in accordance ►cilli Or NEC & local electrical codes. Ownw/GC Responsibilities: • Furnish job schedule at least 2 weeks prior to the anticipated start date. • Complete access to site for construction purposes. • Locate existing utilities only in cases when holes are being augured by unrelated sub -contractor. Holes being augured by this contractor requiring 'locates- shall be the responsibility of this contractor. • Mark all pole locations with a wood stake and white marker paint. • All pole locations must be graded by GC per plans and specs prior to our arrival. • Extra costs associated with foundation excavation of non-standard soils Le.. rock, caliches, high water table. Collapsing holes, etc.). Siandard soils are defined as soak that can be excavated using standard auguring equipment. • Drilling spoils (Removal of soil remnants). Excluded from this quote herein: • Overtime Hours (any worlr hours p6or to 7:20 am and siker 3:30 pin are aW#Wt to owrflme Pat") • Compressed Schedule • Permit fees • Cutting and patching of concrete slabs • Final connections to, signage and A/C controls. • General 'Low -Voltage' Wiring, terminations and/or equipment for, Fire Alarm, Data, POS, Check Point, Telephone, AudiolVidec, Security, Etc., however, P&L Electric, Inc., shelf furnish and install conduit `Stub ups', junction boxes and pull strings, where necessary for the convenience of others. • Additional costs as a result of poor design AND/OR incomplete plans and specs. 02/14/2007 14:45 P*L ELECTRIC INC 4 13218681227 Name: Nancy Hansen CompwW: City of cape Cmaveral Date: February 14, 2007 #PLM107-S6 Fax: 321.8x&1227 RE: Little League Field Retrefit Fantail: N0.588 902 ACL ELEC'T'RIC, INC. 4765 Sprang Aveme Nu.th CLEARWA11F, FWPJDA33762 EC1300I158 CLW'CR: (127) 573-2010 TPA: (813) 222-0646 FAX: (727) 572-0386 We hereby propose to complete the Scope of work for the sum of; $19,630.00 (Nineteen Thousand, Six Hundred Thirty Dollars & 001100) PAYMENTS TO BE MADE AS FOLLOWS: (2 ) (1) First time customers shall make payments; 50% prior to start of work then balance in full at the completion of our worts. AN hourly rate work shall be COD. Any future work requested will be set up on payment terns based upon receipt of a completed credit application. (2) Per Contract Terms, 13) NET 30. AddMonal notes: Any work considered to be a "Change Order" or "Additional Work" shall only commence upon receipt of approved & signed orders- Under no circumstances wM changes and/or additions be sftftd without approval via a signed order by an authorized representative of the owner/Genend Contracting Company. Thank you for considering P&L Electric, Inc for this project. Pete Wninni. CEE yetefoandleleclric.com PSL Electric. Inc. Quotation * PLM 107-56 _Approved _Disapproved Authorized by print Name Title Date: i ) Note: This proposal may be withdrawn by us if not accepted within 30 days—By signing this document you agree to terms of the proposed work and to make payments based upon the terms contained herein without deviation. C�l1O_I'l+l� OItM DATE :�� C /",/,a V- I T E M: ITEM: tjn; f%�i � f;�-ul X DEPARTMENT: Atik.5 � /�O Vect T/c�'?z-1 CIJ COMPANY NAME L r /�� r C." FINAL DECISION ON QUOTE: I'.0. NO. COMMENTS S C /?e/ AMOUNT PURCHASING AGI Iq'r 4 C7 60 eo (tj7:jrDEC 2/1/07 TO: CITY OF CAPE CANAVERAL PARKS AND RECREATION ATTENTION: NANCY HANSON ROBINSON 8 ROBINSON ELECTRICAL CONTRACTORS, INC. P. O. Box 298725 Cocoa, Florida 32923.0720 (321) 036-0606 Fox (321) 639-3777 PROPOSAL B5279 WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIAL TO INSTALL CUSTOMER FURNISHED LIGHT FIXTURES AND WIRING TO SUPPORT BASEBALL FIELD LIGHTING UPGRADE. OUR PRICE INCLUDES: BUCKET TRUCK W%OPERATOR COST ALLOWANCE REMOVE EXISTING CROSS ARMS AND FIXTURES INSTALL NEW CUSTOMER FURNISHED CROSS ARMS, FIXTURES. AND LAMPS MODIFY AND REINSTALL EXISTING FIXTURES NEMA tR ENCLOSED CIRCUIT BREAKERS NEMA 3R JUNCTION BOXES MODIFY EXISTING POWER DISTRIBUTION INSTALL THHN COPPER CONDUCTORS, TERMINATE WIRING, AND TEST AIM FIXTURES PER CUSTOMER FURNISHED DESIGN DRAWINGS &1TI!NATF RASF.IJ ON WORK DURING Rh:GUAIA HOURS (AfON-HRI 7.0-3:30) I'E aur COJTS NOT INCL I;DEI) WE PROPOSE TO FURNISH LABOR AND MATERIALS IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS FOR THE SUM OF: T&M NTE (TIMF. ANDMATERIAI SNOT 7Y) F_YCF.FU) EIGHTEEN THOUSAND SEVEN HUNDRED FIFTY AND N01100 (518, 730.00) PAYMENT TO BE MADE: UPON JOB PROGRESS PAYMENT DUE: THIRTY DAYS FROM INVOICE DATE ACCEPTED BY: THANK YOU, DATE: MICHAEL HILL PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS CONFIDENTIAL RRE�° 2/1/07 TO: CITY OF CAPE CANAVERAL PARKS AND RECREATION ATTENTION: NANCY HANSON ROBINSON & ROBINSON ELECTRICAL CONTRACTORS, INC. P, O. Box 236726 Cocoa, Florida 32923.0726 (321) 636-9505 Fax (321) 639-3777 PROPOSAL B5279-1 WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIAL TO INSTALL CUSTOMER FURNISHED LIGHT FIXTURES AND WIRING TO SUPPORT BASKETBALL COURT LIGHTING UPGRADE, OUR PRICE INCLUDES: BUCKET TRUCK W10PERATOR COST ALLOWANCE REMOVE EXISTING CROSS ARMS AND FIXTURES INSTALL NEW CUSTOMER FURNISHED CROSS ARMS, FIXTURES, AND LAMPS CIRCUIT BREAKERS NEMA 311 JUNCTION BOXES INSTALL THHN COPPER CONDUCTORS, TERMINATE WIRING, AND TEST AIM FIXTURES PER CUSTOMER FURNISHED DESIGN DRAWINGS F$7711ATE RASED ON WORK D(WArG IIT(; UAGR 110 URS (MON-FRI 7: 00-3:30) PERMIT CO,!"^' NOTUVCLIIDW WE PROPOSE TO FURNISH LABOR AND MATERIALS IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS FOR THE SUM OF- T&M NTE (771YEANI) MATERIALS NOT 7.0 EW-EkD) FOUR THOUSAND SIX HUNDRED TWENTY FIVE AND IN()\IUp ($4,625.00) PAYMENT TO BE MADE: UPON JOB PROGRESS PAYMENT DUE: THIRTY DAYS FROM INVOICE DATE ACCEPTED BY: THANK YOU, DATE: MICHAEL HILL PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS CONFIDENTIAL Meeting Type: Regular Meeting Date: 02/20/2007 AGENDA Heading Ordinance: exception for storage of liquefied petroleum in the M-1 Industrial District, creating Section 110-485 to 2nd Public Hearing Rem 7 No. See attached ordinance. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2007; AMENDING CHAPTER 110, PROVIDING FOR THE DEFINITION OF LIQUIFIED PETROLEUM GAS, REPEALING THE DEFINITION OF FIRE DISTRICT, REPEALING THE SPECIAL EXCEPTION FOR THE STORAGE OF LIQUIFIED PETROLEUM IN THE M-1 DISTRICT. DEPT./ DIVISION: GROWTH MANAGEMENT/ PLANNING AND ZONING Requested Action: City Council consider the adoption of Ordinance No. 01-2007, amending Chapter 110, providing for a definition of liquefied petroleum gas, repealing the definition of fire district, repealing the special exception for storage of liquefied petroleum in the M-1 Industrial District, creating Section 110-485 to limit the storage of liquefied petroleum gas for distribution purposes to 1,000 gallons per parcel of land and making conforming and miscellaneous amendments as recommended by the Planning and Zoning Board. Summary Explanation & Background: See attached ordinance. Exhibits Attached: P & Z recommendation memo; Fire Chief's memo. City Manager' a Department ORDINANCE NO. 01-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 110-485 TO LIMIT THE TANK CAPACITY FOR STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER LOT OF RECORD; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE 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 law; and WHEREAS, the storage of liquified petroleum gas has been the subject of several meetings of the Planning and Zoning Board in recent months during which the Planning and Zoning Board has heard and considered the input of citizens and staff; and WHEREAS, the City has certain safety concerns regarding the storage and distribution of liquified petroleum gas within the City; and WHEREAS, the City Code currently allows by special exception storage of liquified petroleum products in the M-1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City's Fire Chief has provided extensive information at Planning and Zoning Board meetings evidencing that the storage of liquified petroleum is heavily regulated by both state and national fire safety codes which address proper location and volume of liquified petroleum tanks and other concerns of the City and its citizens; and WHEREAS, the City desires to repeal the special exception for the storage of liquified petroleum in the M-1 zoning district and leave regulation of the same the state and national fire safety codes already in place; and City of Cape Canaveral Ordinance No. 01-2007 Page 1 of 7 WHEREAS, the City instead desires to generally limit the maximum amount of liquified petroleum gas that may be stored in the City for distribution purposes to a total of 1000 gallons per parcel of land; and WHEREAS, the City desires to repeal the term "fire district" from its zoning regulations as the term is antiquated and no longer practical as used in the City's zoning regulations; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotrt 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): Sec. 110-1. Definitions. CHAPTER 110. ZONING *** ARTICLE I. IN GENERAL City of Cape Canaveral Ordinance No. 01-2007 Page 2 of 7 Liquified petroleum gas (LPG) means any material having a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the following hydrocarbons either by themselves or as mixtures: propane propylene, butane (normal butane or isobutane) and butylenes. ARTICLE VII. DISTRICTS DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: (6'7) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (7 9) Radio and TV studios. (8 9) Shopping centers, provided the shopping center is on a minimum ten -acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification City of Cape Canaveral Ordinance No. 01-2007 Page 3 of 7 of shopping centers as set forth in the building code adopted in section 82-31. (2+0) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (10 -t-2) Permanent security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. b. Security personnel only; no children allowed. c. Facility to be used exclusively for security purposes. (11 +-3) Restaurants. (12 -f4) Public buildings. (13 -1-5) Telecommunications towers, subject to the provisions of section 110-482. (14 +6) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-485. Liquified petroleum gas The tank capacity for storage of liquified petroleum gas for distribution purposes shall not exceed 1000 total gallons per lot of record To the extent that this section conflicts with a more restrictive provision of any applicable fire safety code or law, the more restrictive code or law shall apply. For purposes of this section the term "lot of record" shall have the same meaning set forth in section 110-1 and shall also include a combination of contiguous lots of record that are either under single ownership unified in title or used for common development purposes. Section 3. Conforming Amendments to Chapter 110, Zoning. The following conforming City of Cape Canaveral Ordinance No. 01-2007 Page 4 of 7 amendments are made to Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances (underlined type indicates additions and strikeont 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 VII. DISTRICTS DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-331. Intent. The requirements for the C-1 low density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. *ff buildings in this distict shall be considered in the fire district, as pe, the definition in section i -, and shail be built in confointance with the tules and regulations of fire distri�. *** DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-351. Intent. The requirements for the M-1 light industrial and research and development district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions in this division are intended to minimize adverse influences of the industrial activities. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shail be consideied in the fire district, as pe, the definition in section 1 f -, and btfift DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT City of Cape Canaveral Ordinance No. 01-2007 Page 5 of 7 Sec. 110-380. Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. *H buildings in this districtshah be consideted in the fire district, as per the definition in section 1 f EH and shali be buift in coifformance vvith the tales and regulations of fire districts-. Section 4. 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 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 .2007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts City of Cape Canaveral Ordinance No. 0 -2007 Page 6 of 7 I st Legal Ad published: First Reading: 2nd 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. 01-2007 Page 7 of 7 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD92126184646.20) in the matter of CITY OF CAPE CANAVERAL The Court ORDINANCE NOTICE was published in the FLORIDA TODAY in the issues of FEBRUARY 13, 2007 affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that . she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. I (Signature of Affiant) Sworn to and subscribed before this 13TH DAY OF FEBRUARY, 2007 (Signature of Notary Public) LINDA A. BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type Identification Produced NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for Second Reading of Ordinance No. 01-2007 in the Cit Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, February 20, 2007. The ordinance may be inspected in its entiretyin the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 01-2007 AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,' ZONING, OF THE CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT-" REPEALING THE SPECIAL EXCEPTI6N FOR STORAGE OF LIQUIFIED PETROLEUM - IN THE M-1LIGHT'` INDUSTRIAL AND RESEARCH AND DEVELOPMEI4T,_. DISTRICT• CREATING SECTION 110-485 TO LIMIT I HE STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER LOT OF RECORD; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR - INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION ` INTO THE CODE AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, 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 might need to ensure that a verbatim record of the proceedinggs 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. Susan Stills, CMC City Clerk Meeting Type: Regular Meeting Date: 02/202007 AGENDA Heading Ordinance: Florida Law and making conforming amendments. 2nd Public Hearing hem g No. City Manager's AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2007; AMENDING CHAPTER 70, TO CHANGE THE TERM OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX CONSISTENT WITH FLORIDA LAW. DEPT./ DIVISION: ADMINISTRATION/ FINANCE. Requested Action: City Council consider the adoption of Ordinance No. 02-2007, amending Article III of Chapter 70, Taxation, to change the term "Occupational License Tax" to "Local Business Tax" consistent with Florida Law and making conforming amendments. Summary Explanation & Background: The Florida Legislature amended Florida Statute 205 to change the term "Occupational License Tax" to "Local Business Tax." Exhibits Attached: Ordinance No. 02-2007; F.S. 205. City Manager's Department ORDINANCE 02-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 70, TAXATION, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO CHANGE THE TERM "OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX" CONSISTENT WITH FLORIDA LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, ALCOHOLIC BEVERAGES, CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38, FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE CODE 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, Chapter 205, Florida Statutes, authorizes the City to impose an occupational license tax for the privilege of engaging in a business or profession within the City's jurisdiction; and WHEREAS, what a particular charge is named by the City is not dispositive of its correct characterization; and WHEREAS, some unscrupulous persons present a local occupational license to consumers as proof of competency to perform various repairs and services; and WHEREAS, because local consumers may be victimized by these representations, the Florida legislature enacted Chapter Law 2006-152, amending Chapter 205, Florida Statutes, to change the term "occupational license tax" to "local business tax"; and WHEREAS, the City desires to amend Article III, Chapter 70 of the City Code to reflect this change in terminology consistent with Florida law; and WHEREAS, the City Council desires to further amend Article III of Chapter 70 so that it is gender neutral; and City of Cape Canaveral Ordinance No. 02-2007 Page 1 of 20 WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of 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 forgoing 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 70, Taxation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined indicates additions and stfikeout indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 70. It is intended that the text in Chapter 70 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 70. TAXATION *** ARTICLE III. oeeuPA9Pf6NAh Ef eENsE 9PAN-LOCAL BUSINESS TAX Sec. 70-66. Definitions. *** Number of employees means, in those instances in this article wherein the license local business tax is based upon full- or part-time "number of employees" it shall mean the average daily number of full- or part-time employees during the past calendar year that were employed in the business on an average business day. A new business shall be based on number of full- or part-time employees on opening day. All principals in the business shall be deemed as employees and shall be included in the calculation. Contractor means any person accepting or offering to accept orders or contracts for doing any work on or in any building or structure requiring the use of building materials or accepting or offering to accept orders or contracts to do any paving or curbing on sidewalks or streets on public or private property requiring the use of appropriate material of any composition; accepting or offering to accept orders or contracts to excavate earth, rock or material for foundations or any other purpose; accepting or offering to accept orders or contracts to construct any sewer of appropriate material or other material; accepting or offering to accept orders or contracts for building, remodeling, repairing, wrecking, razing or demolishing any structure or for moving any building or City of Cape Canaveral Ordinance No. 02-2007 Page 2 of 20 for the installation, maintenance or repair of neon signs, air conditioning apparatus or equipment, whether such work is done or offered to be done by day labor, general contract or subcontract. Every person engaging in the business of accepting or offering to accept orders for contracts for doing any work on or in any building or premises involving erecting, installing, altering, repairing, servicing or maintaining electric wiring, devices or appliances permanently connected to such wiring or the erecting, repairing or maintaining of lines shall be deemed to be an electrical contractor. Every person engaged in the business of plumber or steamfitter shall be deemed to be a contractor. Every person engaged in the business of erecting a building or buildings for the purpose of selling or renting the building and making no contract with a duly licensed contractor for the erection of such building, whether or not such person contracts with one or more duly licensed contractors for one or more portions but does not contract with any one person for all the work of erecting any one of such buildings, shall be deemed to be a contractor if he or she shall build more than one house in any one year. Sec. 70-67. Levied. An occapational ficense tax A local business tax is hereby levied for the privilege of engaging in or managing any business, profession or occupation within the city. Such Occupational license tax local business tax is levied on any person who: (3) Does not qualify under subsection (1) of this section and who transacts any business or engages in any occupation or profession in interstate commerce, if such ficeme tax local business tax is not prohibited by section 8 of article I of the United States Constitution. Sec. 70-69. License Receipt required; payment of tax prerequisite to issuance. Each person who shall engage in, transact or manage or be the agent for any business or who shall perform or offer to perform services or sell goods, advertise goods for sale or perform services or solicit or advertise the performance of services for any of the businesses, professions or occupations mentioned in this article shall first procure a license local business tax receipt from the city and shall, upon procuring the license receipt and before the issuance of the ficense receipt, pay the amount of license local business tax required as provided in section 70-89. Sec. 70-70. Form, signing of ficenses receipts ; report of information. (a) The city treasurer shall prescribe the form of all licenses local business tax receipts City of Cape Canaveral Ordinance No. 02-2007 Page 3 of 20 and applications therefor, and, except as otherwise provided by ordinance, all licenses receipts shall be signed by the city treasurer and shall be invalid for all purposes unless so signed. (b) Each person required to pay an oCCUpatiOnal fiCense tax a local business tax shall report under oath to the city treasurer all information necessary for a proper determination of the occapationaf ficense tax local business tax due for each classification to which he or she is subject, including the number of employees, size or average inventory of stock on hand. The city treasurer is authorized to prepare interrogatories to furnish forms for filing of the reports to obtain the information necessary to determine the proper occupational ficense tax local business tax due. The city treasurer is further authorized to make such investigation and inspection of each place of business and those records pertaining to those taxes due under this article. (c) Any person who is both a wholesale and retail merchant is required to make separate reports for the wholesale business and for the retail business and to obtain licenses receipts accordingly; however, any retail merchant who desires to do a wholesale business may elect to do such wholesale business under his or her retail license receipt by paying a license tax local business tax based on both the retail and wholesale business at the retail rate. Sec. 70-71. Engaging in business without paying tax or making reports. It shall be unlawful for any person to exercise any of the privileges or to carry on or engage in or conduct any of the businesses, occupations or professions specifically enumerated in this article without paying the occupational heense tax local business tax required by this article in the manner provided in this article or to fail to make any reports to the city treasurer as required or to violate any other section of this article. Sec. 70-73. False statement in license receipt application. It is unlawful for any person to make a statement showing value of inventory in an amount less than the true amount thereof in his or her application for a license local business tax receipt or to knowingly make a false statement as to any other condition or factor upon which the license -tax local business tax is or shall be based, the effect of which would be to reduce the amount of such tax. Sec. 70-74. License Receipt year; tax payment date; term of license receipt; proration of tax. The license receipt year for all local business tax receipts shall begin October 1 of each year and shall expire on September 30 of the succeeding year. All such licenses receipts shall be issued by the city treasurer beginning August 1 of each year upon City of Cape Canaveral Ordinance No. 02-2007 Page 4 of 20 receipt of the appropriate license local business tax, and such tax shall be due and payable on September 30 of each year. If September 30 falls on a holiday or a weekend, the tax shall be due and payable on or before the first working day following September 30. No license receipt shall be issued for more than one year. For each license receipt obtained by any new business, occupation or agent after April 1 of the following year, 75 percent of the license tax for one year shall be paid and shall be reduced by an additional 5 percent per month for each month thereafter for businesses, occupations or agents which open or start after April, but before October, unless otherwise provided in this article. Sec. 70-75. Penalty for failure to obtain or renew license receipt. (a) Any person who engages in or manages any business, occupation or profession without first obtaining a Incense receipt required under this article is subject to the penalty stated in F.S. § 205.053(2), or any successor statute. (b) Any person who engages in any business, occupation or profession covered by this article who does not pay the required local business tax within 150 days after the initial notice of tax due and who does not obtain the required Occupational license local business tax receipt is subject to the civil action, penalties, costs and attorneys' fees provided in F.S. § 205.053(3), or any successor statute. Sec. 70-76. Delinquencies. Each license receipt not renewed when due and payable shall be considered delinquent and subject to the maximum penalty provided in F.S. § 205.053(1), or any successor statute. Nothing in this section, however, shall be construed to prevent the imposition of a fine or imprisonment or both, upon conviction for violation of this article. Sec. 70-77. Separate license receipt required for each place of business. A separate license receipt shall be obtained for each place of business conducted, operated, maintained or carried on by every person engaged in any occupation, trade or enterprise for which a license receipt is required by this article. Sec. 70-78. Multiple license receipt. Except as otherwise stated in this article, if any person engaged in a business, occupation or profession at one location or place of business is required in the operation of such business, occupation or profession under this article to have more than one hcense receipt and to pay more than one license local business tax, the licenseeep rson shall pay in full all license local business taxes so required. City of Cape Canaveral Ordinance No. 02-2007 Page 5 of 20 Whenever any business, occupation or profession shall fall into more than one of the classifications contained in the schedule set forth in this article, such occupation, business or profession shall be required to comply with the license receipt requirements and to pay the license local business tax imposed under or pertaining to each classification or privilege. Sec. 70-79. Preservation, display of license receipt. All license local business tax receipts granted by the city shall be carefully preserved and shall be displayed in a conspicuous place in the place of business authorized to be conducted by the license receipt. Sec. 70-80. Issuance of duplicate. Duplicate ficense tax certificates local business tax receipts may be issued by the city treasurer. A fee of $10.00 will be assessed for each duplicate license receipt issued. Sec. 70-81. Transfer of license receipt. (a) hiccnscs Receipts may be transferred from one location to another, provided that the license receipt is presented to the department of finance for approval of such transfer. Such transfer of license receipt approved by the city treasurer will be made only after payment to the city of a fee up to ten percent of the annual license local business tax, but not less than $3.00 nor more than $25.00. (b) No occupation license local business tax recent issued to a general contractor or subcontractor may be assigned or transferred from one person to another. Sec. 70-84. Insurance. The following applicants for a license local business tax receipt are required to present the city with a certificate showing insurance coverage for general tort liability in an amount of not less than $100,000.00 to any one person, $300,000.00 for any one accident and $25,000.00 property damage, prior to the issuance of a license: (1) Automobile rental agencies. (2) Amusement rides. (3) Carnivals. City of Cape Canaveral Ordinance No. 02-2007 Page 6 of 20 (4) Circuses. (5) Riding devices. Sec. 70-85. Special requirements for contractors and subcontractors. (a) All contractors and subcontractors shall be required to furnish a bond in the amount of $1,000.00 payable to the city prior to the issuance of iaf license a local business tax receipt as provided in F.S. § 489.131(3)(e). (b) No license local business tax receipt shall be issued to any contractor, general or otherwise, unless the applicant shall first present to the city a certificate showing the applicant to be insured for general tort liability in the amount of not less than $100,000.00 to any one person, $300,000.00 for any one accident and $25,000.00 for property damage. Sec. 70-86. Records of issued licenses receipts. The city treasurer shall keep an accurate and thorough record of all licenses local business tax receipts issued, showing the nature of the license receipt, its date, expiration and to whom issued. Sec. 70-87. Records of licenses receipts. Every person engaging or continuing in the city any business or exercising any privilege subject to a license local business tax shall keep and preserve suitable records of the average annual inventory of stock on hand, records sufficient to show the number of employees and a record of all goods and merchandise purchased or received for resale. Every such person shall keep and preserve, for a period of two years, all invoices of goods and merchandise purchased or received for resale and the employment records of all employees and shall furnish such records to the city treasurer for inspection upon request. Sec. 70-88. license Local business tax for businesses not otherwise designated. Every business, occupation, profession or exhibition engaged in by any person not specifically designated in section 70-89 shall be subject to a license local business tax as specifically cited in the "not otherwise classified" category within each section. Sec. 70-89. Schedule of rates. SERVICE-ORIENTED BUSINESSES In addition to the posted license local business tax receipt below, the following supplemental schedule applies to all service-oriented business. The total license fee, therefore, is equal to the fee City of Cape Canaveral Ordinance No. 02-2007 Page 7 of 20 noted in this supplemental schedule. For example, the fee for an accounting firm with seven employees is $93.75 ($75.00 base plus a 25 percent supplemental fee of $18.75 = total fee of $93.75). In no event however, shall the total license fee in effect on the day prior to the effective date of the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitted by section 8, chapter 93-180, Laws of Florida. TABLE INSET: Supplemental Schedule (Number of Employees) 5 or less 6 to 25 26 to 50 51 to 100 More than 100 Total License Receipt Fee Due Base fee only Base + 25% Base + 50% Base + 75% Base + 100% RETAIL -ORIENTED BUSINESSES In addition to the posted license local business tax receipt below, the following supplement schedule applies to all retail -oriented business. The total license receipt fee, therefore, is equal to the fee noted in this supplemental schedule. For example, the fee for a convenience store with 13 total full- and part-time employees on the payroll is $62.50 ($50.00 base plus a 25 percent supplemental fee of $12.50 = total fee of $62.50). In no event however, shall the total license receipt fee in effect on the day prior to the effective date of the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitted by Section 8, Chapter 93-180, Laws of Florida. TABLE INSET: Supplemental Schedule (Number of Employees) Total Eicense Receipt Fee Due 5 or less Base fee only 6 to 25 Base + 25% 26 to 50 51 to 100 More than 100 City of Cape Canaveral Ordinance No. 02-2007 Page 8 of 20 Base + 50% Base + 75% Base + 100% ENTERTAINMENT -ORIENTED BUSINESSES In addition to the posted license local business tax receipt below, the following supplemental schedule applies to all entertainment -oriented business. The total iicensc receipt fee, therefore, is equal to the fee noted in this supplemental schedule. For example, the fee for an entertainment center with 33 total full- and part-time employees on the payroll is $187.50 ($125.00 base plus a 50 percent supplemental fee of $62.50 = total fee of $187.50). In no event, however, shall the total 1•icense receipt fee in effect on the day prior to the effective date of the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitted by Section 8, Chapter 93-180, Laws of Florida. TABLE INSET: Supplemental Schedule (Number of Employees) 5 or less 6 to 25 26 to 50 51 to 100 More than 100 Total License Receipt Fee Due Base fee only Base + 25% Base + 50% Base + 75% Base + 100% CONTRACTOR AND SUBCONTRACTORS In addition to the posted license local business tax receipt below, the following supplemental schedule applies to all contractors and subcontractors. The total ficense receipt fee, therefore, is equal to the fee noted in this supplemental schedule. For example, the fee for an AC and heating company with six total full- and part-time employees on the payroll is $93.75 ($75.00 base plus a 25 percent supplemental fee of $18.75 = total fee of $93.75). In no event, however, shall the total ficense receipt fee in effect on the day prior to the effective date of the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitted by Section 8, Chapter 93-180, Laws of Florida. TABLE INSET: Supplemental Schedule (Number of Employees) 5 or less City of Cape Canaveral Ordinance No. 02-2007 Page 9 of 20 Total Eicense Receipt Fee Due Base fee only 6to25 26 to 50 51 to 100 More than 100 Base + 25% Base + 50% Base + 75% Base + 100% MANUFACTURING -ORIENTED BUSINESSES In addition to the posted license local business tax receipt below, the following supplemental schedule applies to all manufacturing -oriented business. The total license receipt fee, therefore, is equal to the fee noted in this supplemental schedule. For example, the fee for a factory center with 165 total full- and part-time employees on the payroll is $350.00 ($175.00 base plus a 100 percent supplemental fee of $175.00 = total fee of $350.00). In no event, however, shall the total iieense receipt fee in effect on the day prior to the effective date of the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitted by Section 8, Chapter 93-180, Laws of Florida. TABLE INSET: Supplemental Schedule (Number of Employees) Total Eicense Receipt Fee Due 5 or less Base fee only 6 to 25 Base + 25% 26 to 50 Base + 50% 51 to 100 Base + 75% More than 100 Base + 100% COIN-OPERATED DEVICES A "coin-operated device" is hereby defined as any machine, apparatus or device that operates upon the insertion of money, trade token, ticket or slug greater in denomination than ten cents. The premise in which a coin-operated machine is located and operated shall pay the license receipt fee set forth herein. Coin-operated devices where the entire proceeds of such devices are used for charitable purposes as defined in Section 501(C)(3) of the IRS Code of 1986, are exempted from these fees. Telephones, newspaper dispensers, U.S. stamp machines, checking lockers, toilet locks and cigarette vending machines are also exempted from these fees. When the vending machine is City of Cape Canaveral Ordinance No. 02-2007 Page 10 of 20 provided exclusively as a service to employees or tenants and is not meant or used by customers outside the company or complex, no fee is assessed. In no event, however, shall the total ficense receivt fee in effect on the day prior to the effective date of the enactment of the ordinance from which this article derives be increased in amounts greater than the amounts of increase permitted by Section 8, Chapter 93-180, Laws of Florida. The occupational ficens, tax local business tax receipt on vending and amusement machines shall be based on the highest number of machines located on the business premises on any single day during the previous licensing year or in the case of new businesses based on an estimate of the current year. Replacement of one machine with another machine during a fivensing receipt year does not affect the tax assessment for that year unless the replacement machine belongs to -at fieense tax receipt classification that requires a higher tax rate. Section 3. Conforming Amendments to Chapter 6. The following conforming amendments are hereby made to Chapter 6, Alcoholic Beverages, of the Cape Canaveral Code of Ordinances (underlined type indicates additions and strikeout type 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. ALCOHOLIC BEVERAGES ARTICLE II. OPERATION OF ESTABLISHMENTS Sec. 6-27. Nudity on premises where served, consumed or stored. (d) If the owner, operator, lessor, lessee, manager, employee or any other person participating in the operation of a commercial establishment located within the city at which alcoholic beverages are offered for sale, served, consumed or stored shall be convicted of any of the offenses designated in subsection (a) of this section, the city treasurer shall revoke the local business tax receipt for the establishment after giving a reasonable notice thereof to the holder of the ficensc receipt and affording the holder an opportunity to be heard as to why the revocation should not be issued. City of Cape Canaveral Ordinance No. 02-2007 Page 11 of 20 Section 4. Conforming Amendments to Chapter 10. The following conforming amendments are hereby made to Chapter 10, Amusements and Entertainments, of Cape Canaveral Code of Ordinances (underlined type indicates additions and strikeout 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 & ENTERTAINMENTS ARTICLE III. OUTDOOR ENTERTAINMENT DIVISION 1. GENERALLY Sec. 10-48. Penalties for violations. (b) The city council may revoke the special outdoor entertainment permit granted and shall immediately notify the city treasurer to revoke any occupationvif license local business tax receipt upon the occurrence of any violation of this article. Sec. 10-49. Occupational license Local business tax receipt required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an Occupational ficense a local business tax receipt as provided for in section 70-88, which occupationaf license local business tax receipt shall be issued only after issuance of the special entertainment permit by the city council. ARTICLE IV. SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS Sec. 10-90. Definitions. City of Cape Canaveral Ordinance No. 02-2007 Page 12 of 20 The following words and phrases defined in this section and used in this article shall have the meaning herein prescribed, unless the context clearly suggests otherwise. Commercial or pecuniary gain: Operated for commercial or pecuniary gain shall be presumed for any establishment which has received an occapational ficense a local business tax receipt. For the purposes of this article, operation for commercial or pecuniary gain shall not depend on actual profit or loss. An establishment which has an occapationai fimnse a local business tax receipt or an establishment which advertises itself as a type of adult entertainment establishment shall be presumed to be "operated for commercial or pecuniary gain." Sec. 10-103. Annual license fee. MEM (b) The annual license fees are declared regulatory in nature, collected for the purpose of examination and inspection of adult entertainment establishments and sexually oriented businesses under this article and the administration thereof. This annual license fee is hereby declared to be revenue neutral in that the city will incur a greater annual cost to license and monitor an adult entertainment establishments and sexually oriented businesses compliance with this article. These regulatory fees are in addition to, and not in lieu of, the Occupational ficenses taxes-- local business taxes imposed by the Cape Canaveral City Code or state law and other land development or regulatory fees associated with general commercial activities and locations. Sec. 10-115. Commercial bodily contact establishments provisions. In addition to all general requirements of this article pertaining to adult entertainment establishments and sexually oriented businesses contained in this article, a commercial bodily contact establishment, regardless of whether it is licensed under this article, shall: (a) Operate only from a fixed physical location which is set forth on its sexually oriented business license and all required occupationaf licenses local business tax receipts. Sec. 110-116. Escort service. City of Cape Canaveral Ordinance No. 02-2007 Page 13 of 20 (g) Each escort service shall ensure that every escort and worker of the escort service is provided with a copy of the escort service's license and carries it while working as an escort for the service, and displays said license upon the request of any law enforcement officer or the city manager or his designee. In addition to a copy of the escort service's license, each escort service shall ensure that each escort has all OCCtlpatiullal license a local business tax receipt to engage in the occupation of escort within the city and that they carry said license while working, and displays said license receipt upon the request of any law enforcement officer or the city manager or his designee. Notwithstanding the foregoing, an escort or worker of an escort service who is a paid employee for whom taxes and social security payments are withheld and paid by the licensed escort service and who is not an independent contractor may substitute and carry a copy of the sexually oriented business/escort service license of the employing escort service only, provided that worker records as required by this article are created and maintained by the licensed escort service. (h) If a meeting with or the service of a customer occurs at a location not open to the public, then the escort shall check in with the on duty manager of the premises in person where the meeting or service occurs or begins prior to meeting or servicing a customer and advise the manager of the following: names of the escort(s), the escort service and customer(s); the escort's time of arrival and estimated time of departure; and a copy of the escort service's sexually oriented business license and the escort's own occupational ficense local business tax receipt, if applicable, and the location of the meeting within the structure. Sec. 10-123. Records --Unlawful provisions. (d) It is unlawful for a worker at or of an adult entertainment establishment or sexually oriented business, regardless of whether licensed under this article, to fail to obtain, carry or produce for inspection by a law enforcement officer upon request, a local business tax receipt for the occupation in which the worker is engaged; provided, however, that a worker of an adult entertainment establishment or sexually oriented business who is a paid employee for whom income taxes and social security payments are withheld and paid by the establishment and who is not an independent contractor shall not be required to obtain iaf license a local business tax receipt or their own adult entertainment establishment/sexually oriented business license. City of Cape Canaveral Ordinance No. 02-2007 Page 14 of 20 Sec. 10-125. Special prohibitions relating to escorts and escort services --Unlawful provisions. It is unlawful for any escort, escort service or worker of an escort service, regardless of whether licensed under this article, to commit any of the following acts or for an operator of an escort service regardless, of whether licensed thereunder, to knowingly permit, suffer, aid, assist or allow any escort or escort service worker to commit any of the following acts: (a) To enter a hotel, motel or other place of temporary lodging for the purpose of meeting or providing services to a customer without immediately upon entering such hotel, motel or other place and prior to meeting the customer making personal face-to-face contact with the on duty manager at the front desk or reception area and providing that person with the following information: 2. A copy of the escort service's sexually oriented business license and, if applicable, the escort's Occupational license local business tax receipt; Sec. 10-128. Occupational ficenses Local Business Tax Receipts /home occupations. (a) The city manager or his designee may take such steps as may be necessary to ensure that the occupntionai license tax local business tax receipt is paid by only such individuals and entities that are lawfully permitted in accordance with the provisions of this article. ARTICLE V. SLOT MACHINES OR DEVICES Sec. 10-202. Slot machine or device prohibited. (b) No occupationaf ficenses local business tax receipts shall be issued by the city for any business, enterprise, or organization that proposes to operate a slot machine or device in the city and no local business tax receipt shall be issued by the city for a slot machine or device. City of Cape Canaveral Ordinance No. 02-2007 Page 15 of 20 Section 5. Conforming Amendments to Chapter 34. The following conforming amendments are hereby made to Chapter 34, Environment, of Cape Canaveral Code of Ordinances (underlined type indicates additions and-striktotrt-type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 34. It is intended that the text in Chapter 34 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 34. ENVIRONMENT ARTICLE VI. ABANDONED PROPERTY Sec. 34-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Inoperable motor vehicle means a motor vehicle which is unusable for its intended purpose or incapable of operating under its own power due to extensive damage, disassembly, deterioration, or the existence of trash or undergrowth in or around the motor vehicle indicating disuse. The absence of a license plate for the current year and/or the absence of a current motor vehicle registration shall be prima facie evidence that such motor vehicle is inoperable. This definition shall not apply to motor vehicles owned or leased by an automobile dealer, provided that such dealer shall possess a current, valid occupational license local business tax receipt and the vehicles are stored on property which is properly zoned and approved for use as an automobile dealership. Section 6. Conforming Amendments to Chapter 38. The following conforming amendments are hereby made to Chapter 38, Fire Prevention and Protection, of Cape Canaveral Code of Ordinances (underlined type indicates additions and int type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 38. It is intended that the text in Chapter 38 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 38. FIRE PREVENTION AND PROTECTION City of Cape Canaveral Ordinance No. 02-2007 Page 16 of 20 ARTICLE I. IN GENERAL Sec. 38-2. Fire safety fees. In order to defray the costs of inspection and enforcement of its fire safety code in the construction and maintenance of buildings within the city, the city adopts the following fees: (d) Whenever a periodic inspection is required by law or ordinance or when any person requests a periodic inspection of a fire safety system, the following fees shall apply: (1) Annual inspections: *** b. Nonresidential, includes all retail, office, industrial and residential structures that are required to have local business tax receipt per section 110-521: First 1,000 square feet ... 25.00 Each additional 1,000 square feet ... 1.75 Section 7. Conforming Amendments to Chapter 80. The following conforming amendments are hereby made to Chapter 80, Vehicles For Hire, of Cape Canaveral Code of Ordinances (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 80. It is intended that the text in Chapter 80 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 80. VEHICLES FOR HIRE ARTICLE I. IN GENERAL Sec. 80-3. Licenses and fees to be in addition to other taxes and charges. City of Cape Canaveral Ordinance No. 02-2007 Page 17 of 20 All licenses and fees provided for and levied in this chapter are regulatory fees imposed to cover the cost of regulating the operations of public vehicles in the city. All licenses and fees shall be additional to the annual occupational ficense tax local business tax and any other taxes and charges levied by and payable to the city. As required by this chapter, all licenses shall be issued and fees paid on an annual basis. Each renewal fee shall become due one year from the date of initial issuance or most recent renewal. Section 8. Conforming Amendments to Chapter 82. The following conforming amendments are hereby made to Chapter 82, Buildings and Building Regulations, of Cape Canaveral Code of Ordinances (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS ARTICLE I. GENERAL ADMINISTRATIVE Sec. 82-2. Occupational license Local business tax receipt required for contractors. All contractors covered by this chapter must secure an occupational ficense a local business tax receipt from the city if their businesses are located within the city. Section 9. Conforming Amendments to Chapter 110. The following conforming amendments are hereby made to Chapter 110, Zoning, of Cape Canaveral Code of Ordinances (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 IX. SUPPLEMENTARY DISTRICT REGULATIONS City of Cape Canaveral Ordinance No. 02-2007 Page 18 of 20 DIVISION 4. HOME OCCUPATIONS Sec. 110-523. Occupational ficense Local Business Tax Receipt required. Permitted home occupations shall comply with the city occupationaf ficense tax local business tax levied pursuant to section 70-66 et seq. Section 10. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 11. 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 ommissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 12. 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 13. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 02-2007 Page 19 of 20 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2007. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts City of Cape Canaveral Ordinance No. 02-2007 Page 20 of 20 Against 826297 AD#: 826297 Publication: Florida Today First Published: 02-10-2007 Print Window Close Window AD#826297-2/10,2007 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 02-2007 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, February 20, 2007. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 02-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 70, TO CHANGE THE TERM "OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX" CONSISTENT WITH FLORIDA LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, ALCOHOLIC BEVERAGES, CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38, FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, 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 might 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. Susan Stills, CMC City Clerk Page 1 of 1 http://www.flatoday.netAegals/display.htm?CMD=DISPLAY&ld=25824 02/14/2007 Meeting Type: Regular Meeting Date: 02/202007 AGENDA Heading Ordinance: Summary Explanation & Background: 1st Public Hearing ttern 9 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2007; AMENDING CHAPTER 102, PROVIDING FOR A DEFINITION OF "DISEASED TREE." DEPT./ DIVISION: PUBLIC SAFETY/ BUILDING DEPARTMENT Requested Action: City Council consider at First Reading, Ordinance No. 03-2007, amending Chapter 102, Vegetation, providing for a definition of "Diseased Tree." Summary Explanation & Background: Chapter 102 currently does not define a Diseased Tree. Exhibits Attached: Ordinance No. 03-2007. City Manager's Department Draft February 2, 2007 ORDINANCE No. 03_2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102. VEGETATION, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO LAND CLEARING; PROVIDING FOR A DEFINITION OF "DISEASED TREE"; 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 Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, the City Council is committed to preserving, enhancing, and creating green area within the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, the City Council recognizes that trees sometimes become infected with disease that may substantially decrease the viability of the trees; and WHEREAS, despite being infected with certain tree disease, some diseased trees may remain viable for a period of years and in some cases, decades; and WHEREAS, the City Council desires to provide an express definition for the term "diseased tree" in its City Code in order to establish clear guidelines to citizens and city staff with regard to permitting and removal of diseased trees; 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. City of Cape Capaveral Ordinance No. 11 -2007 Page 1 of 3 Draft February 2, 2007 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 102, Vegetation, 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 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION *** ARTICLE II. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Diseased tree means a tree with a sustained or progressive impairment caused by tree disease which seriously compromises the viability of the tree in that it is unlikely the tree will remain living and viable for a period of more than three (3) years or the tree causes other imminent peril to viable trees, structures or persons in the vicinity of the diseased tree Any claim that a tree is diseased for purposes of obtaining a land clearing permit pursuant to the requirements of this division shall be certified in writing by a licensed arborist or other qualified tree expert deemed acceptable by the city, and shall be considered by the city in issuing any such &rmit City of Cape Canaveral Ordinance No. 03-2007 Page 2 of 3 Draft February 2, 2007 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2007. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts City of Cape Canaveral Ordinance No. 032007 Page 3 of 3 Against Fleeting Type: Regular Meeting Date: 02/20/2007 AGENDA Heading DISCUSSION ttem 10 No. See attached letter from Chief Sargeant. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PURCHASE OF THE FIRE DEPARTMENT PROPERTY LOCATED AT 190 JACKSON AVENUE. DEPT./ DIVISION: PUBLIC SAFETY/ FIRE DEPARTMENT Requested Action: Discuss the offer from the Cape Canaveral Volunteer Fire Department, Inc. to purchase the 190 Jackson Avenue property. Summary Explanation & Background: The property consists of 0.58 acres and is part of Block 25, Lots 7, 8, 15 and 16, Avon -by -the -Sea Subdivision. See attached letter from Chief Sargeant. Please advise. Exhibits Attached: Chiefs Letter/ Property Info. City Manager's ce Department J Feb 13 07 03:40p Canaveral Fire 3217834887 p,2 CAPE: CaANAVERAL VOLUNTEER FIRE DEPARTMENT INC. 'Serving the city of Cape Canaveral & Canaveral PortAuthority MEMORANDUM To: Bennett Boucher, City Manager From: David J. Sargeant, Fire Chief Date: 13 F E62007 RE: Fire Station Property After consulting with our attorney, I presented several options to our Board in regards to the existing Cape Canaveral Volunteer Fire Department, Incorporated property. After much discussion and debate, it was decided that it would be in the best interest of the Corporation to pursue selling the property to the City. Please agenda this item as soon as possible and I will be at the meeting to explain the Corporation's stance. Thank you for your attention to this matter. Station ill 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org Page 1 of 1 Click Action: Parcel Info Distance 0 View Decrease Zoom Bar I AarW View Rai*e Increase 0 Map C) Aerial � Change 1 12345 6 Z 1 2 3 6 m Locate Parcel ID Locate 9 7 8 9 1 14 D 9 10 11 12 13 14 Zoom to MONROE AV Brevard County Go z - is 0 Printable Version 1 3 4 5 6 7 Map Preview Check below then Update 9 L10 Parcels ElZonCnty 12 1 ❑ ZonCity ❑ GolfCourses JACKSON AV ❑ Schools ❑ Libraries R RoadNames ❑ Sections 5 6 7 1 2 3 4 5 6 7 Water Update C'1 , ► 11 13 14 9 10 11 12 13 14 Help Legend C z HARRISON AV http://www.brevardpropertyappraiser.com/temp/graFrame200702l 310060l 3824.html 2/13/2007 1 5 7 9 12 13 Printable Version 1 3 4 5 6 7 Map Preview Check below then Update 9 L10 Parcels ElZonCnty 12 1 ❑ ZonCity ❑ GolfCourses JACKSON AV ❑ Schools ❑ Libraries R RoadNames ❑ Sections 5 6 7 1 2 3 4 5 6 7 Water Update C'1 , ► 11 13 14 9 10 11 12 13 14 Help Legend C z HARRISON AV http://www.brevardpropertyappraiser.com/temp/graFrame200702l 310060l 3824.html 2/13/2007 Page 1 of 1 lick Action: Parcel Info "t Distance 0 View Demme Zoom Bar IAeria!View Range Increase, O Map *Aerial Change 4 Locate Parcel ID Locate Zoom to Brevard County Go Printable Version Map Preview Check below then Update h Parcels ZonCnty ZonCity GolfCourses Schools Libraries RoadNames Sections Water Update Help Legend http://www.brevardpropertyappraiser.com/scriptslesrimap.dll?name=Brevard 1 &id=200702130957408276... 2/13/2007 Brevard County Property Appraiser-- Online Real Estate Property Card General Parcel Information for 24-37-23-C'C-0067s n -nm c an Page 1 of 2 Parcel Id: 24 -37 -23 -CG -00025.0-0015.00 Man Millage Code: 26G0 Exemption: M Use Code: 8910 *Site Address: 190 JACKSON AV, CAPE CANAVERAL, FL 32920 Tax Account: * Site address informati d b h 2433740 on is assigne y t e Brevard County Address Assignment Office for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Value Summary for 2006 Legal Description Plat Book/Page: ISub, Name: AVON ILOTS 15 & 16 0003/0007 BY THE SEA JBLK 25 View Plat (requires Adobe Acrobat Reader -file size may be large) Land Information ** Market Value: $292,450 Acres: 0.29 Agricultural Assessment: $0 Site Code: 0 Assessed Value: $292,450 Floors Code *** Homestead Exemption: $0 ***Other Exemptions: $292,450 Taxable Value: $0 ** This is the value established for ad valorem purposes in accordance with s.193.01 l(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. * * * Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occured. Building Information Building Photos PDC # Use Code Year Built Story Height Exterior Code Interior Code Roof Type Roof Mater. Floors Code Ceiling Code 1 7810 1962 12 08 07 09 03, 04 12 OS Building Area Information PDC # Base Area Garage Area Open Porches Car Port Screened Porches Utility Rooms Enclosed Porch Basements Attics Total Base Area 1 6354 0 456 0 0 0 0 0 0 6354 http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2433 740&gen=T&tax=T&bld=T&... 2/13/2007 Brevard County Property Appraiser-- Online Real Estate Property Card Extra Feature Information Page 2 of 2 Extra Feature Description _ Units FENCE 85 OUTBUILDING 200 PAVING 4152 PAVING 2284 PAVING 616 WALL 135 Data I—*ifnaata.l•'r—aa., c-ti-.-�.,, , a+ - ��• -a• a _ — I- r r,,,aca vu: i uesuay, February 13, 2U07. New Search Heip [Home] [Meet JimFordl [Appraiser's Job]Fj AQl [General Info] (Save Our Homes] [Exemptions] [Tangible PrQpertyl (Contac U51 [Location F[ ormsl [Appeals] [Prpperty Research [Map Search] [Maps & Datal [Unusable Propertvl [TaxAu_ thor_ities] [Tax Factsl [Economic Indi ato-ml [what's Newl [Links] [Press Release$] [Tax Estimator) Copyright © 1997 Brevard County Property Appraiser. All rights reserved. http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=243 3 740&gen=T&tax=T&bld=T&... 2/13/22007 Brevard County Property Appraiser-- Online Real Estate Property Card 104 OW qVA"A* 94 -•-a .• •KLI �.ec� w—gLsy 1111w uOaVe VUf numest, itxem nonsi 11 angible Propem [Contact Sts] [Locations) F rm [gppealsl [Proper Reseamht [Map Searchl [Maps & Data] [Unusable PropeMd [Tax Authorities] Fax Facts] [Economic Indicators] [What's Newt Links [Press Releases] [Tax EstimatoU General Parcel Information for 24-37-23-C G-nnn).s 11-nnn7 nn Page 1 of 2 Parcel Id: 24 -37 -23 -CG -00025.0-0007.00 Man Millage Code: 26G0 Exemption: M Use Code: 8910 * Site Address: I Tax Account: 2433736 'k Cite Af]f]rpe. ;nfn—qt;.... ; ,.A I- , aL- n--- —A Taxable Value: $0 - uaa.simoU Uy LIM Dievaid County Address Assignment Utt]ce for E9-1-1 purposes; this information may not reflect community location of property. Tax information is available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Owner Information Value Summary for 2006 Legal Description Plat Book/Page: Sub Name: AVON LOTS 7,8 0003/0007 1BY THE SEA JBLK 25 View Plat (requires Adobe Acrobat Reader -file size may be large) T.antl Tnfnrmatinn ** Market Value: $85,320 Acres: v 0.29 Agricultural Assessment: $0 Site Code: 0 Assessed Value: $85,320 *** Homestead Exemption: $0 ***Other Exemptions: $85,320 Taxable Value: $0 ** This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. *** Exemptions as reflected on the Value Summary table are applicable for the year shown and may or may not be applicable if an owner change has occured. Sales Information OR Book/Page Sale Date Sale Amount Deed TypeScreening ***Sales Code ***Sales Screening Source Vacant/Improved 1696/0428 12/1976 $10,000 1232/0918 $10,000 * * * Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. http://www. brevardpropertyappraiser. comlasp/Show_parcel. asp?acct=243 3 73 6&gen=T&tax=T&bld=T&... 2/13/2007 Brevard County Property Appraiser-- Online Real Estate Property Card Building Information Building Photos Page 2 of 2 PDC # Use Code Year Built Story Height Exterior Code Interior Code Roof Type Roof Mater. Floors Code Ceiling Code 1 1222 1965 10 21 01 09 01 03 01 Building Area infnrmatinn PDC # Base Area Garage Area Open Porches Car Port Screened Porches Utility Rooms Enclosed Porch Basements Attics Total Base Area 1 960 0 480 0 0 544 0 0 0 960 Extra Feature Information Extra Feature Description Units OUTBUILDING 200 PAVING 700 WALL 135 Data Last iindatwi• Tnaed� F b 13 2007 y, a rnary I -Printed On: Tuesday, February 13, 2007. New Search Help M'meetd_ i inform 18ppraiser's Jobl [FAQI [General Infol [Save O_ _ ur Homgslp Exem tions] n [ [Ta Bible F [Locations] [Forms] [Appeals] [Proper ReseamW [Map Searchl [Maps & Datal [Unusable PropgM flax Factsl [Economic Indicators] [what's New] Links [Press Releases] Flax Estimator) Copyright © 1997 Brevard County Property Appraiser. All rights reserved. http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2433 736&gen=T&tax=T&bld=T&... 2/13/2007 Page 1 of 1 Click Action: Parcel Info Distance 0 View Decease zoom So I AerialView Rand Increase Map ',-,) Aerial Change 1 1 2345 6 2 1 2 3 6 W Locate Parcel ID Locate 9 7 8 9 J1 j 14 9 10 11 12 13 14 Zoom to MONROE AV Brevard County Go Z Printable Version 1 3 45 6 7 MapPreview 1.0 .0 . Check below then Update 9 10 11 13 Parcels ❑ ZonCnty 12 1 "' ❑ ZonCity ❑ GolfCourses JACKSON AV ❑ Schools ❑ Libraries R RoadNames ❑ Sections 5 6 7 1 2 3 4 5 6 7 R Water Update C 11 13 14 9 10 11 12 13 14 Help Legend Hp4RRISON AV http://www.brevardpropertyappraiser.com/temp/graFrame200702l 3095850735.html 2/13/2007 1 5 7 9 12 13 Printable Version 1 3 45 6 7 MapPreview 1.0 .0 . Check below then Update 9 10 11 13 Parcels ❑ ZonCnty 12 1 "' ❑ ZonCity ❑ GolfCourses JACKSON AV ❑ Schools ❑ Libraries R RoadNames ❑ Sections 5 6 7 1 2 3 4 5 6 7 R Water Update C 11 13 14 9 10 11 12 13 14 Help Legend Hp4RRISON AV http://www.brevardpropertyappraiser.com/temp/graFrame200702l 3095850735.html 2/13/2007