HomeMy WebLinkAboutPacket 09-04-2007 RegularCity of Cape Canaveral
CITY OF
CAPE CANAVERAL
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 4, 2007
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
REPORTS:
City Council Members
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.
BOARD INTERVIEWS:
Chris Hale, Recreation Board [Alternate Member]
Michael E. Michel, Recreation Board [Alternate Member]
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
pe Canaveral, Florida
cil Regular Meeting
�r 4, 2007
2
NT AGENDA:
1. City Council Regular Meeting Minutes of August 21, 2007.
2. Resolution No. 2007-23; Reappointing a Regular Member to the Planning and
Zoning Board, R. Lamar Russell.
3. Proclamation in Recognition of John Barry Day, September 13, 2007.
4. One -Year Renewal of the Street Sweeping Contract with USA Services of Florida,
Inc.
CONSIDERATIONS:
5. School Resource Officer Agreement with the City of Cocoa Beach.
6. Quarterly Budget Report and Transfers for the Second Quarter Ending 06-30-07.
DISCUSSION:
7. Townhouse Code.
8. Lot Area and Dimensions, Minimum Setbacks.
REPORTS:
City Manager
Staff
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides
to appeal any decision made by the City Council with respect to any matter considered at this meeting, that
person will need a record of the proceedings, and for such purpose that person may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which
the appeal is to be based. This notice does not constitute consent by the City for the introduction or
admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting.
Frow Epidemiology Brevard 321 454 7128 08/14/2007 09:54 #168 P.002/005
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CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-771, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohlbiGs a person from serving on a City Board or Committee if that person has been
oonvlctecl of a felony. unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL,
j
1. Applicant Name:., 1 rt �5 Aa
2. Home Address: T P f �e-
3. Home Telephone: -' 1
4. Occupation ��QriRer rr�V�rci �Oy 1 i{Fq
��
5. Business Telephone:
6. Business Address:
B. ELIGIBILITY
The information information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County?
(Y) (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
(Y)_)L„. (N)
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.
(Y) (N)
3b. If yes to 3e, have your civil rights been restored?
(Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
(Y) MY -
4b. If yes to 4a, please list each:
From:Epidemiology Brevard 321 454 7128
Rug 14 07 10:49a Parks L Recreation Dept.
08/14/2007 09:54
321-866-1227
#168 P.003/005
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criagnal 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)�L (M)
8a. Are you related to a City of Cape Canaveral Council
Member by blood, adoption or marriage?
(Y)_
6b. if yes to ea, please provide name(s) of person(s) and relationship to yokx
C. INTERESTSIEXPE WENCE
1. riefly state your interest in se ora a ity advisory bparc! or mitlee•
a
2. Briefly state any prior experiences in serving an any governmental board or committee:
3. Please list any specialized skills and training (e.g., architect, engtheer, general
contractor, eta) that you feel help to qualify you for membership on the desired board or
committee:
I WA i,-Iza A i S
C.'10ir'
4. In numedcal 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-
3
Community Appearance Board -
f
CionStruction Board of Adjusbnent and Appeals*
9•
t_ibrary Board
h-
Planning and Zoning Board'
I.
_�
Recreation Board
1•
Other.
yl"smbem of these boards arch required to .complete and rde with the supervisor of Efectloris a
I rnancioi Disdosue Form Upon appointment to ship board and prior to .Hcy 1 of each year
followfrrg the initial appau•dment while SIX a member of said board
p.3
From:Epidemiology Brevard 321 454 7128 08/14/2007 09:54
Rus 14 07 10:48a Parks & Recreation Dept. 321-8&e-1227
D. STATE REPORTING RECHAREMENTS.
4168 P.0041005
Section 780.80, Florida Statutes, requires Mat the City annually submit a report to the Secreta
of State disclosing race, gender and physical disabilities of board and committee members
Please check the appropriate boxes:
a
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
[SECTIONS 112.311-6326 FLORIDA STATUTES] AND THE FLORIDA
YOU OF YOU "SUNSHINE LAW" [SECTION 286.011. FLORIDA STATUTES], WHICH MAY PERTAIN TO
APPOINTED, TS YOUR SOLE OBIJGA ONTED TO A CITYADVISORY
AND DUTY TO COMPLY WIMTH SVC' AND IF
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 applicaUon will remain effective for one year from ftaa date of Completion.
• If you should have any questions regardingthe cpm talion of this $ lication,
contact the City Cleric's Offks at p Pp please
{ 861221,
Signature:
Date: 1 g /0-1
return to: City of Cape Canaveral
Office of the Clty Cleric
905 Polk Avenue
Cape Canaveral, Florida 32920
p.4
.1
African-American
GE-.- NUi`R
Male
Asian �►merfcan
Hispanic -American
----- Female
Native American
Not Known
Caucasian
Not Known
O_ABILITY
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
[SECTIONS 112.311-6326 FLORIDA STATUTES] AND THE FLORIDA
YOU OF YOU "SUNSHINE LAW" [SECTION 286.011. FLORIDA STATUTES], WHICH MAY PERTAIN TO
APPOINTED, TS YOUR SOLE OBIJGA ONTED TO A CITYADVISORY
AND DUTY TO COMPLY WIMTH SVC' AND IF
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 applicaUon will remain effective for one year from ftaa date of Completion.
• If you should have any questions regardingthe cpm talion of this $ lication,
contact the City Cleric's Offks at p Pp please
{ 861221,
Signature:
Date: 1 g /0-1
return to: City of Cape Canaveral
Office of the Clty Cleric
905 Polk Avenue
Cape Canaveral, Florida 32920
p.4
.1
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name:
2. Home Address: o
3. Home Telephone: 3 21 " 7 ?V— 3 7 /5—so
4. Occupation: 'e ,�,o e -ems
5. Business Telephone :'ia/"-i ® A s owe
6. Business Address: _-3�M r A r Ura
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. '
? lav)
1. Are you duly registered to vote in Brevard County
2. Have you been a resident of the City of Cape /
Canaveral for 12 months or longer? (Y) ✓ (N)
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.
3b
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)
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily
consent to having a standard background check
performed on you by the City of Cape Canaveral?
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage?
(0
initials
(Y) (N)
(Y) (N)
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Bniefll state your interest in serving on a
/ d 176 1Nf/.Z.o.4
advisory board or committee:
2. Briefly state any prior experiences in serving on any governmental board or committee.
/1%a. t
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
c ittee:
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
Beautification Board
Board of Adjustment'
Business and Cultural Development Board
Code Enforcement Board'
Community Appearance Board'
Construction Board of Adjustment and Appeals'
Library Board
Planning and Zoning Board`
Recreation Board
Other:
'Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Discfosure 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
African-American
Asian -American
Hispanic -American
Native American
_ Caucasian
Not Known
GENDER
Male
Female
Not Known
DISABILITY
IV/14 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 ny uestions egard' g the completion of this application, please
contact the City C 's ice at 21) 1221.
Signature: v
Date: _ ? z / J",z 0
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
August 21, 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 Clerk
Building Official
City Planner
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Bennett Boucher
Susan Stills
Todd Morley
Todd Peetz
Mayor Randels announced that the Ron Jon Presentation would occur at the City Council
Meeting of September 4, 2007. The Meeting would be held at the Library Meeting Room.
CONSENT AGENDA:
City Council Regular Meeting Minutes of August 9, 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 if an interview was planned for two of the Recreation Board Members
applicants prior to appointing them to the Board.
Ms. Roberts asked the Chair if he would use the discussion Parking Board in order for the
Council to return to items that arise during the meeting.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21, 2007
Page 2 of 11
Ms. Roberts referred to the last page of the August 9th Meeting Minutes and clarified that,
"she asked for answers to some questions related to North Atlantic Avenue prior to this
evening's discussion." Mr. Petsos stated that that was his reason for seeking Discussion
was to move forward with the stop signs. Ms. Roberts stated her concern with the
absence of a public hearing. Mr. Petsos replied that he placed it on the Agenda for public
discussion to gain public input. Ms. Roberts stated that she had asked for some of those
questions related to North Atlantic Avenue answered prior to this evening's discussion.
She stated further that the purpose of raising the questions was to gain a whole view of
North Atlantic Avenue inclusive of discussion on stop signs.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Agenda Item No. 1 as amended. 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.
RESOLUTIONS:
2. Motion to Adopt: Resolution No. 2007-19; Appointing Regular Members to
the Recreation Board.
Mayor Randels explained that the Resolution would appoint two Regular Members and
one Alternate member. He stated that there was a lack of a quorum due to several
resignations.
Mayor Randels read Resolution No. 2007-19 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING TWO REGULAR MEMBERS AND ONE ALTERNATE
MEMER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
Robert Lefever, Acting Recreation Director, explained how Eileen Kendret would be
appointed as Recreation Member due to the removal of two Regular Members since the
last meeting. Mayor Randels clarified that there were three Regular Member positions
and two alternate positions available on the Board. Mayor Randels re -read the
Resolution inserting the names Carol Delano, Hank Dinenno, and Eileen Kendret as
Regular Members to the Recreation Board.
BOARD MEMBER INTERVIEWS:
Hank Dinenno
Mr. Dinenno affirmed that all of his answers to the questions on his application were
true and correct to the best of his ability. Mr. Dinenno stated that he desired to get
involved and he had been involved with the Little League for many years. Mr. Dinenno
is currently Vice President of the Little League. He has lived in Cape Canaveral for 10
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21, 2007
Page 3 of 11
years and played in the Racquetball League for three years. Mr. Dinenno replied to Ms.
Roberts that he presented the Little League field to the Board in the previous year.
Council members thanked Mr. Dinenno for his interest.
Eileen Kendret
Ms. Kendret affirmed that all of her answers to the questions on her application were
true and correct to the best of her ability. Ms. Kendret stated this opportunity as
something helpful for the community. She informed that she is Secretary to the Kiwanis
Club and she could help to identify the needs of youth. Mr. Petsos and Mayor Pro Tem
Hoog commended Ms. Kendret for her concern for youth, her thoroughness, her
efficiency, and diligent work with the Kiwanis Club. Ms. Roberts informed that Ms.
Kendret was instrumental in obtaining a rug for the young reader's room at the Cape
Canaveral Library. Mayor Randels clarified that the Resolution would state that all three
people would become Regular Members
Mr. Petsos acknowledged Ms. Carol Delano in the audience and noted that all three of
the Board applicants were involved with the City's youth.
A motion was made by Mr. Petsos and seconded jointly by Mayor Pro Tem Hoog
and Ms. Roberts to Adopt Resolution No. 2007-19. 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.
3. Resolution No. 2007-20; Appointing the Final Replat of Villa Cielo
Townhomes; John Butler, Applicant.
Mayor Randels read Resolution No. 2007-20 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVING THE FINAL REPLAT OF "VILLA CIELO TOWNHOMES"; AUTHORIZING
THE MAYOR AND THE CITY CLERK TO CERTIFY THE REPLAT; PROVIDING FOR AN
EFFECTIVE DATE.
Mayor Randels stated that the Planning and Zoning Board recommended the Replat on
July 25, 2007 with no noted conditions. The application package met all concurrency. Mr.
John Butler confirmed for Ms. Roberts that the units were not being considered as Resort
Dwellings. Mr. Butler replied to Ms. Roberts that the units were selling for approximately
$350,000. Mr. Butler replied to Ms. Roberts that these were individual units with no related
documents.
Mr. R. Lamar Russell, Vice -Chairperson, of the Planning and Zoning Board asked if there
was any documentation that defined the rights of a unit dweller in a townhome. Todd
Morley, Building Official, stated that these were individually platted lots with no common
property. Mr. Russell stated how previously there was documentation to delineate the
rights of each individual homeowner. Ms. Roberts pointed out the concern related to
City of Cape Canaveral.. Florida
City Council Regular Meeting
August 21, 2007
Page 4 of 11
common walls. Mr. Russell explained that there was a common roof with the rights related
to each owner in common. Mr. Morley explained how in the past the parapet extended at
least 18 -inches above the roof and there were several examples around the City. The roof
was still within the centerline of the party wall; so, a person could have changes to one
townhome unit that did not apply to the other unit. Mr. Russell re -stated that there were
rights and responsibilities in the past that applied between the townhome owners.
Attorney Garganese asked if there was a common wall. Mr. Butler affirmed that there was
a common roof and wall. Attorney Garganese stated that in order to protect the future
owners there were documents that needed to be submitted that would be recorded with
the land to protect the interest of the future owners. The document should be submitted to
the Building Official for review. Attorney Garganese stated that the document would be
recorded with this Final Replat. Ms. Roberts suggested this as a Parking Board issue.
Mayor Randels asked if the submittal of a common wall and roof Agreement would
become a condition of Approval. Attorney Garganese affirmed that the Plat would be
recorded with those documents submitted in a form acceptable to the City. Mr. Russell re-
stated that Association Agreements, which delineated the owner's responsibilities, were a
past requirement.
Mayor Pro Tem Hoog pointed out that the parapet through the roof separated the
individual ownership. Ms. Sandy Young informed that her friend was impacted by this
same rule in which she replaced her roof and she asked if her friend could retroactively
submit for retribution from their neighbor for a roof replacement. Mayor Randels replied
that the City could not apply this action to a past event.
A motion was made by Mr. Petsos and seconded Mr. Nicholas to Adopt Resolution
No. 2007-20 with the Conditions that the Applicant would Submit an Acceptable
Shared Common Wall and Roof Agreement to the City. 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.
4. Motion to Adopt; Resolution No. 2007-21; Approving the Preliminary Replat of
Villagio Del Mar, II; W3 Developments.
Mayor Randels read Resolution No. 2007-21 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY..
FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "VILLAGIO DEL MAR,
UNIT 11"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE
REPLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels explained this as 5-townhome units on the northeast corner of Adams
and Ridgewood Avenue. The developer was present at this time. Todd Peetz, City
Planner, informed this item would return to the Council as a Site Plan; therefore, the
Council could address any questions to the applicant at that time. Mr. Peetz replied to
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21, 2007
Page 5 of 11
Ms. Roberts that the project was under review as townhomes and not a Resort
Dwelling. Mayor Pro Tem Hoog questioned of the City Attorney if he should Abstain
from voting since he had worked on Phase I of the project. Attorney Garganese
recommended that he Abstain if there were a contractual relationship between himself
and the developer. Mayor Randels clarified that Mayor Pro Tem Hoog would Abstain.
Mr. Russell commented on how the Preliminary Re -plat was a three-step process.
During the Preliminary Re -Plat, the Council would review, 1) correct lot identification,
2) Site Plan review, at this point the Council could address the property use, and 3) a
Final Re -Plat based on any adjustments. Mayor Randels asked if a Tri-plex required a
Site Plan review. Mr. Peetz replied to Mayor Randels that four or more units required a
Site Plan review. However, three units or less would require a Preliminary Replat and a
Final Replat.
Ms. Roberts stated how Council's involvement at this stage lent itself to a Community
Redevelopment Director who could address some of the broader community issues at
the onset of the process. Mayor Randels stated that those duties were related to
zoning. Mr. Russell stated further that the Site Plan review was the time for an in-depth
review; however, the City code dictated what could be constructed.
A motion was made by Ms. Robert to table the item until the applicant was
present. The motion failed for lack of a second.
Attorney Garganese explained that the zoning would dictate what type of uses could
occur and the regulations for the lot sizes. He stated that the Council could ask at this
stage how the developer planned to use the lot. Attorney Garganese agreed with
Mayor Randels that the zoning regulations do govern. He stated that Development
Agreements would address issues in the beginning. Ms. Roberts requested to place
Development Agreements on the Parking Board.
Ms. Roberts expressed that her understanding of Council's role was to ask the broader
questions earlier in the process and not to simply approve the recommended plan. She
replied to Mr. Nicholas that the questions were not to challenge an owner's property
rights. Attorney Garganese clarified that the discussion of Development Agreements
should include the language "when appropriate" within the Development Review
Process on the Parking Board.
Ms. Angela Preston asked if there were a minimum lot size for re -platting. Mayor
Randels affirmed and also informed that there was a distinction between residential and
commercial re -platting. Mr. Nicholas clarified for Ms. Preston that re -platting changed
the dimension of the lot; however, rezoning changed the use of the zoning district.
A motion was made by Mr. Petsos and seconded Mr. Nicholas to Adopt Resolution
No. 2007-21. The vote on the motion carried 3-1 and 1 Abstain with voting as
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21, 2007
Page 6 of 11
follows: Mayor Pro Tem Hoog, Abstain; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Randels, For, and Ms. Roberts, Against.
DISCUSSION:
5. Installation of Stop Signs on the North Atlantic Avenue Corridor.
Mayor Randels explained that the intention was to install stop signs along the North
Atlantic corridor in order to assist with traffic ingress and egress in the Shorewood Drive
area. Mr. Boucher informed that the County performed a warrant study on Ridgewood
Avenue and although not warranted, due to City Council intervention, stop signs were
installed on Ridgewood Avenue. Similarly, this same approach was applied to North
Atlantic Avenue.
Ms. Roberts questioned if the item was on the Agenda for discussion purposes only. Mr.
Petsos replied that with Council agreement action could be taken. Mr. Petsos stated that
the reason he requested this item was to provide community protection and he proposed
two stop signs for speed and traffic reduction. Mr. Petsos explained how speeding was
deterred due to the stop signs on Ridgewood Avenue. He stated that this discussion
allowed for public input as an Agenda item. Ms. Roberts stated that she developed the
questions in order to develop a larger picture of what the residents could anticipate on the
North Atlantic Avenue project.
Ms. Roberts stated that a Workshop in the Fall would allow for more input from the
community related to the larger picture for North Atlantic Avenue. Mayor Randels made
note that this item was discussed as far back as 1992 and when the City's tax levy was
approximately $471,000. Ms. Roberts stated how it appeared that the discussion on North
Atlantic Avenue began prior to Ridgewood Avenue and she stated as a matter of priority
for the Council to jointly discuss both roadways. Mr. Petsos requested to hear from the
public.
Ms. Kathy Miller asked if the Council were discussing "STOP" signs. Mayor Randels
clarified that the City had funding for stop signs; however, other items, such as road
widening, would require additional funding. Ms. Miller stated that any present action to
deflect the truck and traffic from using North Atlantic as a thoroughfare prior to the any
road widening would benefit the road. Mayor Randels explained how installing stop signs
would reduce traffic.
Ms. Ruth Anders stated that this also would deter residents from using the road as well.
Ms. Anders suggested a sign prohibiting trucks of a certain size. Mayor Randels informed
that State Road 401, North Atlantic Avenue was a County controlled road; therefore, the
City could not enforce restrictions on a County roadway. Mr. Nicholas stated that he
resided in Harbor Heights and installing stop signs would allow residents along North
Atlantic Avenue access onto the roadway.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21, 2007
Page 7 of 11
Mayor Randels explained how the residents pointed out that the City's north and south
road plan with turning lanes permitted a straight thoroughfare to the Port. Mayor Randels
affirmed to Ms. Anders that the City had performed a traffic study.
Mr. Werner Grewe suggested placing the stop signs at the most needed access points,
such as Shorewood Drive and Harbor Heights.
Mr. John Anderson, Business and Cultural Development Board Chairperson, informed
that although the Board's mission was the development of business, they had discussed
traffic restrictions during the Redevelopment Plan. He stated that what the City Manager
was proposing was a relatively inexpensive tactical issue that would have long-term
strategic value toward the City intent to prohibit high-speed traffic.
Mr. Boucher informed that of the segment between George King Blvd. and Central Blvd,
the average daily traffic count was approximately 8,000 and from Central Blvd. to State
Road A1A south was approximately 11,000. He stated that the Council would hear both
negative and positive feedback over stop sign installation. Mr. Boucher responded to Mr.
Petsos that the residents were in favor of the stop sign installation on Ridgewood Avenue.
Mr. John Grandlich of Ron Jon's Cape Caribe Resort asked for the Council's intent in the
use of the stop signs. He stated most of the Resort's visitor's ingress from George King
Blvd. Mr. Nicholas stated that the City would experience a higher traffic flow rate on North
Atlantic Avenue over time. Mayor Randels replied to Ms. Roberts that the City could not
prohibit traffic on a County road. Mr. Nicholas stated that until the City obtained ownership
of the road, there was little to do by way of alternative action. Mayor Randels informed on
how the City worked with Ron Jon's Cape Caribe development related to access along
George King Blvd. that proved beneficial for traffic in that area. Ms. Roberts pointed out
that feedback from the citizens appeared to be in favor of the Council taking action to
install the stop signs.
Mayor Pro Tem Hoog agreed with how the residents along North Atlantic Avenue on the
east side of the road have difficulty accessing the road; however, he did not observe any
traffic problems along the west side of North Atlantic. Ms. Roberts questioned if the speed
limit was also lowered on Ridgewood Avenue along with the stop sign installation. Mr.
Petsos replied that it was not. Mr. Petsos clarified that there were two possible points to
install the two stop signs with approximately 1,000 feet between them. The Chair called
for the Council's consensus to direct the City Manager to install stop signs along
North Atlantic Avenue. Council members agreed by consensus.
Ms. Roberts stated for the record that the Council would schedule a Fall Workshop related
to the North Atlantic Avenue project. Mayor Randels placed this item on the Discussion
Parking Board.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21, 2007
Page 8 of 11
AUDIENCE TO BE HEARD:
Ms. Ruth Anders addressed the Council and questioned the lack of response to E-
mail for Mr. Nicholas. Mr. Nicholas responded that he did not use his computer;
however, Ms. Anders could telephone him. Ms. Anders stated that she did not
receive any response related to the Board of Adjustment's decision to be
overturned "void abnitio." Ms. Anders also stated that she sent another E-mail for a
response related to the Board's draft cleared by the City Attorney.
Mayor Randels replied that Ms. Anders' letter was turned over to the City Attorney.
Mayor Randels clarified that up to this time, the Board has made no decision.
Attorney Garganese informed that on Thursday, August 23rd the Board would make
a final decision. Ms. Anders also asked for the status of the Development Review
Process. Mayor Randels replied that there was no final decision.
Ms. Anders stated that she requested for the City Attorney to declare the Board's
findings Void Ab Nitio {from the beginning} based on seven legal points in that
Coastal Fuels did not have the legal standing to Appeal. Ms. Anders informed that
she added statements to her most recent document related to Mr. McMillin recusing
himself since he was a Harbor Master at the Port and might have financial interest
in the tank expansion.
Ms. Roberts stated her concern with the cultural norms of the City in not providing
for a response to questions and stated that the City does owe the community a
response. Mr. Boucher responded that the E-mail was addressed to the Council
and this meeting was the first time that the Council could hear her concerns in a
public meeting.
Mayor Randels explained that Public Meetings were the only forum for the Council
to provide direction to staff. Mayor Randels stated that the Council could only make
decisions in public and as a collective body. Attorney Garganese stated that the
Board of Adjustment needed to complete their delegated duties under the Code on
this Application and render a Final Order. Attorney Garganese replied that Ms.
Anders' use of void abnitio was based on a Pennsylvania ordinance and could not
be applied to a quasi-judicial Board.
Ms. Roberts questioned the right of the community to weigh-in through the Board of
Adjustment's process or the Council's normal business process. Attorney
Garganese replied that any challenge would proceed to Court and the City would
then defend the Board. Ms. Anders related on the community's frustration over the
public health, safety, and welfare due to the Coastal Fuels tank issue. Attorney
Garganese responded to Ms. Roberts that the community would have no public
in ut during the Community Appearance Board meeting on Thursday, August 23rd
City of Cape Canaveral, Florida
City Council Regular Meeting
August 21. 2007
Page 9 of 11
Attorney Garganese clarified that the Council could choose as large a role as it
cared to in amending the City code. Ms. Roberts stated her concern that the
Council did not schedule a meeting for continued discussion of the Development
Review Process and it was the only meeting not scheduled during the previous City
Council meeting. Attorney Garganese referred Ms. Anders to City Code Section
110-40 related to the Board of Adjustment procedures.
Attorney Garganese clarified for the record that he had a telephone conversation
with both Attorney Rick Torpy and Attorney Karl Bohne related to the rights of the
public to speak at a public meeting. He stated that he disclosed, in fairness to the
hearing process, Ms. Anders letter as part of the record. Attorney Garganese
stated that he opined on the public's right to speak in his Opinion Letter. Mayor
Randels responded to a resident that the public would not have the right to speak at
the Board of Adjustment meeting on Thursday, August 23rd.
Ms. Anders asked the Mayor for clarification related to who would proceed to
litigation. Mayor Randels stated that the next step in the process was the Appellate
Court. Attorney Garganese stated that the Board would consider the Draft Order
on August 23rd and they would either approve the Draft Order or amend it; however,
there would be no re -arguing of the case. Ms. Anders summarized how the Board
should not have allowed Coastal Fuels a Vested Right to Appeal. Ms. Anders
pointed out that the community would only have 30 days following the Board's
decision to Appeal.
Attorney Garganese explained the sequence of events for Mr. Nicholas as: 1) the
Board of Adjustment will issue its Final Order, 2) the Building Official and his
Attorney will review the final order along with Ms. Anders argument, and 3) they will
report back to the Council to explain what options if any the Building Official has in
this matter. An Appeal from the Building Official would require authorization from
the City Council.
Mr. Russell stated that the Council's job was to uphold the law without interference
in the Board of Adjustment's process. He stated that any comments back to the
public should be made after a decision was made. Ms. Roberts stated her
disagreement with Mr. Russell as well as her opinion that the community had not
been given its due process.
A motion was made by Ms. Roberts for the City Council's Consensus to
Direct the Building Official to Request His Attorney Karl Bohne to Evaluate
the Council's Appellate Rights and the Council's Right to Declare the Board's
Decision Void Ab Nitio and Also For His Attorney Karl Bohne to Respond to
the Seven Legal Points in Ms. Anders Letter Dated August 20th. The motion
failed for lack of a second.
City of Cape Canaveral. Florida
City Council Regular Meeting
August 21. 2007
Page 10 of 11
Mayor Pro Tem Hoog stated that he took an Oath of Office to uphold the City's
processes and those processes needed to take their course and for that reason he
did not second the motion. He added that afterward, Mr. Morley had the right to
return for an Appeal. Ms. Roberts stated the community's process was not taken in
account. Mayor Pro Tem Hoog stated that the concern was not represented by the
community at large. While he sympathized with their concern, the process still
needed to take its course. The City Attorney clarified that in his view the Council
would not have interfered with the process by evaluating what could happen after
the Board issues its Final Order. Mayor Pro Tem Hoog pointed out that a Council
action prior to the meeting might affect the Board. Ms. Roberts stated her concern
with the Council's responsibility as elected officials to respond to the community
and she was attempting to obtain a response during the Council meeting.
There was no further public comment.
REPORTS:
1. City Manager
• Mr. Boucher announced the following meetings:
o Tuesday, August 28th at 5:30 P.M. — Chronic Nuisance and Civil
Citation Program
o Wednesday, August 29th at 5:30 P.M. — Evaluation and Appraisal
Report
o Thursday, August 301h at 5:30 P.M. — Sign Code
• Mr. Boucher announced that the Ron Jon Presentation would occur at the City
Council Meeting on Tuesday, September 4th
• Mr. Boucher announced the First Budget Hearing on Wednesday, September
5th at 5:30 P.M.
• Mr. Boucher stated that the Council would need additional meetings to discuss
the Evaluation and Appraisal Report.
• Mr. Boucher also stated that the Council would need additional meetings on the
Development Review process.
• Mr. Boucher also announced an oncoming issue related to School Concurrency
that would affect development.
• Mr. Boucher referred to two Memorandums from the Business and Cultural
Development Board and their agreement related to: the new Community
Development Director and budgeting for a new City marketing video.
• Mr. Boucher informed that the Beautification Board would work with the
Recreation Board to acquire park benches around the City.
2. Staff
Mr. Morley
• Mr. Morley reported on his revised draft of the Building Department plans for
the newly purchased building.
City of Cape Canaveral, Floriae
City Council Regular Meennc
August 21. 200 -
Page 11 of 1'
City Clerk
• Ms. Stills reminded that the General Election Qualifying Period would end as of
Noon on August 31't.
Recreation
• Mr. Lefever thanked the Council for the expeditious process in order to obtain new
Recreation Board members.
City Attorney
• No report.
3. City Council
Ms. Roberts
• Ms. Roberts agreed with Mr. Nicholas to revise the City Council Agenda to
accommodate hearing from the Council and the audience prior to City business.
Mr. Nicholas
• Mr. Nicholas requested to revise the Agenda format in order to hear from the
Council and the audience for approximately one-half hour at the beginning of the
Agenda. He suggested that this come before the Consent Agenda. Council
members agreed by consensus.
Mr. Petsos
• Mr. Petsos commended Robert Lefever on the Summer Youth Program.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog suggested hear the City Council and Audience comments
prior to City business similar to what is done in Palm Bay. Mr. Boucher stated
that he would place Council Member Reports and then the Audience to be Heard
portion following the Consent Agenda,
Mayor Randels
• No report.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:05 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date: 09-04-07
AGENDA
Heading
Consent
Item
2
No
Resolution No. 2007-23
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-23, REAPPOINTING A REGULAR MEMBER TO THE
PLANNING & ZONING BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-23, reappointing Mr. R. Lamar Russell as a
regular member of the Planning & Zoning Board.
Summary Explanation & Background:
Term will expire 09-15-2010.
Exhibits Attached:
Resolution No. 2007-23
City Manager's Office
Department LEGISLATIVE
i
cape-nt\kim\r?�ydacttments\admin\council\meeting\2007\05-04-G7\2007-23.doc
RESOLUTION NO. 2007-23
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING A REGULAR 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
Chapter 58-26 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 reappoint regular members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. R. Lamar Russell is hereby reappointed as a regular 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 4th day
of September, 2007.
ATTEST:
Rocky Randels, Mayor
Name For Against
Susan Stills, City Clerk Robert Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Approved as to Form:
Anthony A. Garganese, City Attorney
376 Harbor Drive
Cape Canaveral, FL 32920
Dear Mr. Russell.-
Your
ussell:
City of Cape Canaveral
Your term on the Planning and Zoning Board will expire on September 15, 2007.
Please check the box that indicates your desire to serve on the Board for another 3 -year
term and return this notice immediately to your board secretary or the City Clerk using the
enclosed envelope. The resolution to re -appoint you as a Board Member will be
scheduled for the next regular City Council Agenda.
VI DO wish to be considered for reappointment.
❑ 1 DO NOT wish to be considered for reappointment.
-k -'C 3- (Signature)
Mr. R amar Russell, Planning and Zoning Board
Sincerely,
Susan Stills,
CITY CLERK
Enclosure: SASE
10�1 Poli: Avenue • Posu Office Box 326 rape Canaveral, '-T 32920-0326p
I CI e1T�1 O1 .31 i r �ti(i8-.2-f/ • 1i•:\: i • FAX (3211 86L-!2-'18
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WHEREAS, the United States of America is a nation of immigrants, and
WHEREAS, the contribution of immigrants to the defense of the Public Liberty has been above
and beyond what the proportion of immigrants in the general population would indicate; and
WHEREAS, John Barry, native of the County Wexford, Ireland volunteered his services and was
commissioned a Captain in the Continental Navy on October 10, 1775, and soon afterwards in command
of the Lexington, gave us one of our first victories at sea with the capture of the Royal Navy Sloop,
Edward; and
WHEREAS, Captain John Barry was principally responsible for organizing the crossing of the
Delaware which led directly to Washington's great victory at Trenton during Christmas 1776; and
WHEREAS, Captain John Barry, in command of the frigate Alliance, having successfully
transported French gold to America to finance the War for Independence, also won the last sea battle of
that war against the HMS Sybille on 10 March, 1783 off the coast of Florida; and
WHEREAS, the United States, in Congress assembled, subsequent to our War for Independence,
recognized Commodore John Barry as the premier American naval hero of the war; and
WHEREAS, Captain John Barry organized the compulsory attendance of members of the
Constitutional Convention in Philadelphia in 1787, thus insuring that Washington would have the quorum
necessary to adopt the Constitution and recommend it to the States for ratification; and
WHEREAS, when the United States Congress authorized the raising and construction of the
United States Navy, it was to Captain John Barry that the Commander -in -Chief turned to build and lead
our infant Navy. President George Washington conferred, "Commission No. 1 ", dated, June 14, 1794
upon Captain John Barry with the advice and consent of the United States Senate; and
WHEREAS, it was Commodore John Barry who built and first commanded the United States
Navy and the Squadron which included his flagship the USS United States and Old Ironsides, the USS
Constitution; and
WHEREAS, in recognition of the sentiments of Navy veterans, of Irish -American and of the
patriotic population generally that our history be properly told.
NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, do hereby
resolve in concert with and in representation of the other political leaders of the United States, do hereby
proclaim the 13" day of September 2007 as
COMMODORE JOHN BARRY DA Y
10, HA i.RV1 AN
Florida State
J. ohn parr a,
INCORPORATED
Organized in New York City, May 4, 1836
12 6 Silver sake Lr.
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7 1 ugust 2.007
IN -A-W-RICA
Cnce again, the Preva -rd ""cunty lrish-.,merican Comral.;.nity celebrates
its contributions to -11-lie foun.di'_ng of this great nation.
,ye continue to cele rate our participation in the leadership of
our Political, 3ussiness ---nd social life of this country.
n ge ,vill-1- honor IL;lie aemor-
y and accomplishments
CSL 3ommodare c1: tin 3,i7r z o r t
-y. _11_�,-Ine-r cl ri P, _Navy, :,t Tetty --ark,
' a n, -,i v e r a, I c r _J da emn 2 s wl i i s t" a r t a? l r -u i c i o -Jr'l 7, s CI
wive 'C
varioij�, veteran �_�fid t�cJve �uY ',"v'i
v
Lr, e o n
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1S S e i ri a v e rc v .c
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"eS
e wou L,i i K o f 'D — r 71
i*'S r ,i "+e... n i e for
T'
2
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I�r t� zE�i M1
Su xGES1IL� `�ynrL:ZL�,O
IwH xL:yS, the United ;Mates of America is a nation of immigrants, and.
"l1i�,xLAS, the contribution of immigrants to the defense of the public
liberty has been above and beyond what the proportion of
immigrants in the genexal popul,- ticn ,,,cul -j. indicate, and
,H-Lz1-LAS, John Barry, a native of the I'our_ty WYe-ford, Ireland, wclunteered
his services and was commissioned a Captain in. the Continental
.avy on October 10, 1775, and soon afterwards in command of the
Lexington, gave us one of our first victories at sea with the
capture of the Royal Navy Sloop, Ldward, and_
vIERLAS, captain John Barry was principally responsible for organizing
the crossing of the -uelawa.re which lea directly to ;'dashir.gton's
great victory at Trenton during Christmas, 1776, and
I EHEAS, Captain John Barry rejected. General Lord Howe's offer to desert
Washington and the -Patriot cause, stating: "Not the value and
command of the whole Lritish fleet can lure me from the cause of
my country; and.
W1?EREAS, Captain John Barry, in command, of the frigate Alliance, having
successfully transported Trench gold to America to finance the
war for independence, also won the last sea battle of that war
against the HIM Sybille on 10 _viarch, 1 783 off' the coast of
,3reva.rd County, and
WHEREAS, Captain iiohn Barry organized the compulsory attendance of
members of the first Constitutional Convention in Philadelphia
in 1787, thus insuring that vashington would have the quorum
necessary to adopt the Constitution and recommend it to the
States for ratification, and
r^�Ulxrx�, the Unitea States, in Congress assembled, subse,,luent to our
Tar for independence, recognized Commodore john Barry as the
premier American naval hero of the was, and
WHEREAS, when the United ;Mates Congress authorized the raising and
don.struction of the United St^tes Navy, it was to John Barry
that the Commanaer-in-Chief turnea. to bulla ana iesa our
infant Navy. President Gerrge Nasnington conf"errea, "Commiss-
ion l -c. 111, r._atea, Jure 14, "i t9a upon Captain John Barry
with the eivice aria consent of the Senate, ana
j, h.� it was then -'ammoC,cre Donn Earry who built ana first commar_aea
,r Unitea 5tatessi;a.vy 2.nc tho uadron wnicri i.nclud.eo his
flagship the US.`; uritea States anc. Gld fro-risides, 'uhe USS
'jonstitutior_, an
n1t 11 or '3 th senti ,.errs of I,avy veterl-r.s, of lrich-
7erlrcn .,�'i e ar_a Ci e ?d L'LJtiC �Op i- �1G?i Crfl?rclly
1,_%r y ce
...o ,r-hererore� 1 orc-' air:
7
Meeting Type: Regular
Meeting Date: 09-04-07
AGENDA
Heading
Consent
Item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: ONE-YEAR RENEWAL OF THE STREET SWEEPING CONTRACT
WITH USA SERVICES OF FLORIDA. INC.
DEPT/DIVISION: STORMWATER UTILITY
Requested Action:
City Council consider approval of a one-year renewal of the street sweeping contract with USA Services of
Florida, Inc., as recommended by the acting public works director.
Summary Explanation & Background:
This is a joint service agreement with the City of Cocoa Beach, and there is no increase in rates.
City Manager recommends approval.
Exhibits Attached:
Public Works Director's memo; Contract amendment
City Manager's Office
Department STORMWATER UTILITY
cape-n�\kim\my ocu�W.ts\admin\council\meeti-ig\2007\09-04-07\us aservice.doc
To: Bennett Boucher — City Manager
lbrough: Walter Bandish — Acting Public Works Director
From: Jeff Ratliff — Stormwater Administrator
Date: August 13, 2007
Re: Agenda Item for August 21, 2007
Street Sweeping Services Contract
To meet the requirements of the National Pollutant Discharge Elimination System (NPDES)
permit, the City of Cape Canaveral (City) previously established a street sweeping program.
This scheduled maintenance program limits pollutants, trash, and sand from entering the
City's stormwater system and discharging to the Banana River.
In an effort to lower the cost of street sweeping maintenance, the City and Cocoa Beach joined
forces in 2002. The two cities advertised jointly for Street Sweeping Services, and a contract
was awarded to USA Services of Florida, Inc. (USA). The contract includes street sweeping
for both the City streets and parking lots (including the library) at a cost of $19.51 per curb
mile. The sweeping frequency for the City is once per month; the actual cost per month for the
City is $692.02 (or $8,304.24 annually).
USA's work for the City for the initial five-year contract period has been satisfactory.
USA has not requested any change in contracted services or costs as provided within the
Contract. The original joint agreement allows a contract extension after the initial five-
year period, which expires on September 30, 2007, Contract Amendment 3 (see
attachment) extends the contract period for one year to September 30, 2008 with potential
annual renewals for a four-year period to September 30, 2012.
Funds have been budgeted for this contract within the Stormwater Enterprise Fund for FY
2007-2008. Staff recommends approval of the Cape Canaveral and Cocoa Beach joint Street
Sweeping Services Contract Amendment 3 with USA Services of Florida, Inc., in the amount
of $8,304.24.
I:�►i1NL4[Au120M
to
CITIES OF COCOA BEACH & CAPE CANAVERAL
STREETSWEEPING CONTRACT
Dated August 9, 2007
By Contract executed on October 17, 2002 by and between the City of Cocoa Beach and
the City of Cape Canaveral, know as the "Cities", and USA Services of Florida, known
as the "Contractor" witnesseth:
As a result of the Cities' complete satisfaction with the level of service provided by the
Contractor, the Cities wish to amend Article 1 — Term of Contract to allow service to
continue for one (1) year until September 30, 2008. The first paragraph of Article 1 of
the Streetsweeping Contract shall be amended as follows.
ARTICLE 1 - TERM OF CONTRACT
The Contractor shall commence services under this Contract on October 1, 2007 and
this Contract shall continue for a period of one (1) year through September 30, 2008,
unless either party chooses to exercise its rights under Article 27 - Termination. This
Contract is renewable in one (1) year increments thereafter if extended by mutual
agreement of all parties no less than thirty (30) days prior to Contract expiration. The
maximum term for this Contract shall be five (5) years with a final Contract
expiration of September 30, 2012.
C:V00-joanieAadministration,Program2\operations\O&M activities\Streetsweeping\2007 contract extensionAStreetsweeping Contract 2007 Amendment 2.doc
IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year
first above written.
Attest:
By:
Loredana Kalaghchy, CMC
City Clerk
Date:
Attest:
Bv:
Sandra Sims, CMC
City Clerk
Date:
CITY OF COCOA BEACH, FLORIDA
a Florida Municipal Corporation
By:
Charles Billias, City Manager
Date:
CITY OF CAPE CANAVERAL, FLORIDA
a Florida Municipal Corporation
Bv:
Date:
Rocky Randels, Mayor
Witnesses: USA SERVICES OF FLORIDA, INC.,
a Florida Corporation
Print Name:
Print Name:
Eric A. Seidelman,
It's President
(CORPORATE SEAL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
By: By:
Skip Fowler, City Attorney Anthony Garganese
City Attorney of Cocoa Beach City Attorney of Cape Canaveral
Date: Date:
C:\00-joanie\administration\Pmgram2\operations\O&M activities\Streetsweeping\2007 contract extcmion\Strectsweeping Contract 2007 Amendment ldoc
Meeting Type: Regular
Meeting Date: 09-04-07
AGENDA
Heading
Consideration
Item
5
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE
CITY OF COCOA BEACH
DEPT/DIVISION: PUBLIC SAFETY/POLICE
Requested Action:
City Council consider approval of a School Resource Officer Agreement with the City of Cocoa Beach in the
amount of $4,719.00 to cover Cocoa Beach High School.
Summary Explanation & Background:
This year's cost is $4,719.00 covering 296 (18.97%) of Cape Canaveral students attending the high school.
Last year's cost was $3,413.00.
I recommend approval.
Exhibits Attached:
SRO Agreement
City Manager's,Office
Department PUBLIC SAFETY/POLICE
gape-nETkim\mydo umen admin\c-5M= \meeting\2uui\09-ua-ui\sro.aoc
�• POLICE DEPARTMENT
City of Cocoa Beach, Florida
P.O. Box 322430
20 South Orlando Avenue
COCOA BEACH, FL 32932-2430
August 22, 2007
Susan Stills, City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Dear Susan,
OF pOCOge
F
U V
'CORN
(321) 868-3271
FAX (321) 868-3205
www.cityofcocoabeach.com
I have enclosed two original copies of the School Resource Officer agreement and ask
that upon approval of the City of Cape Canaveral Council, that both original signed
copies be returned to my attention.
If you would, please call me either Wednesday, September 5th, or Thursday, September
6th, and I'll pick up the signed copies. I have them scheduled on our agenda for the
September 6th meeting. Thank you.
Sincerely,
Pete Malzone, Support Services Administrator
Cocoa Beach Police Department
(321) 868-3247
(321) 868-3385 fax
pmalzonegcityofcocoabeach. com
Attachments
Cc: file
AGREEMENT
THIS AGREEMENT, dated this day of , 2007, by and between THE CITY
of CAPE CANAVERAL, FLORIDA hereinafter called CAPE CANAVERAL and the CITY
of COCOA BEACH, FLORIDA, hereinafter called COCOA BEACH.
WITNESSETH:
WHEREAS, the Brevard County School Board has implemented the School Resource Officer
Program, and;
WHEREAS, the School Board shares the cost of implementing the program with the
Municipalities of Brevard County, and;
WHEREAS, COCOA BEACH and CAPE CANAVERAL determine that the School Resource
Officer Program is in the best interest of the school system and both communities, and;
WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the
School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach
Junior/Senior High School; and whereas the program would cover a period of not more than 190 school
year days, and;
NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and
COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by
reference, made part hereof, shall govern the responsibilities of each party.
1. The agreement will commence on August 20, 2007 and will terminate on June 2, 2008, unless
further continued by mutual agreement of both parties. By July 1, 2008 CAPE CANAVERAL and
COCOA BEACH will open discussions regarding renewal for the 2008-2009 school year.
2. CAPE CANAVERAL agrees to provide eighteen and ninety-seven hundredths percent (18.97%)
of the municipality's share of the School Resource Officer's salary, benefits, equipment, uniforms,
and overtime during the term of this agreement. Per the agreement between COCOA BEACH and
the BREVARD COUNTY SCHOOL BOARD, the municipalities pay fifty percent (45%) of the
School Resource Officer cost. For the contract period of August 20, 2007 through June 2, 2008,
CAPE CANAVERAL'S payment will be $4,719.00 as outlined in exhibit III. Payment shall be
made to COCOA BEACH in two equal installments of $2,359.50 according to the following
schedule: February 7, 2008, and June 6, 2008, subject to prorating based on the date of
implementation.
3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has
designated the Bryan D. Holmes, Cocoa Beach Chief of Police for the purpose of implementing the
terms of this agreement.
4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the
Exhibits I and II, which are attached hereto and, by reference, made part hereof.
5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH
agree to indemnify and hold each other harmless and free from liability, including the officers,
agents or employees of said parties while acting as such, from all claims, damages, injuries, fines,
Page 1 of 8
Revised 8/22/2007
and costs, including expenses and attorney's fees which either party may become obligated to pay
resulting from or in any way connected to errors or acts or omissions of employees of either party's
performance relative to the terms of this agreement.
6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior
written permission of CAPE CANAVERAL.
7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by
both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this
agreement has been amended in writing.
The parties understand and agree that while the School Resource Officer is rendering services
provided for by this agreement, he/she remains an employee of COCOA BEACH.
9. The parties understand and agree that the School Resource Officer will comply with police
policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute
all duties as required by the school unless otherwise agreed upon by the school principal and the
Cocoa Beach Chief of Police.
10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law,
then such provision shall be deemed inoperative to the extent that it may conflict therewith and
shall be deemed to be modified to conform with such statute or rule of law.
11. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a
calendar quarterly basis.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
their duly authorized officers and agents the day and year first written above.
THE CITY OF COCOA BEACH, FLORIDA
By:
Charles J. Billias, City Manager
ATTEST:
By:
Lorendana Kalaghchy, CMC, City Clerk
Approved as to form and Legal sufficiency
By:
Fowler & O'Quinn, City Attorney
ATTACHMENTS:
Exhibit I- Goals of SRO Program
Exhibit II- Guidelines of SRO Program
Exhibit III- Officer Salary — 2006/2007 Cost Projection
THE CITY OF CAPE CANAVERAL, FLORIDA
By:
Bennett Boucher, City Manager
ATTEST:
By:
Susan Stills, City Clerk
Page 2 of 8
Revised 8/22/2007
EXHIBIT I
SCHOOL RESOURCE OFFICER PROGRAM
GOALS
1. To identify and prevent, through counseling and referral, delinquent behavior,
including substance abuse.
2. To foster a better understanding of the law enforcement function.
3. To develop positive concepts of law enforcement.
4. To develop a better appreciation of citizen rights, obligations, and
responsibilities.
5. To provide information about crime prevention.
6. To provide assistance and support for crime victims identified within the
school setting, including abused children.
7. To promote positive relations between students and law enforcement officers.
8. To enhance knowledge of the fundamental concepts and structure of the law.
9. To provide materials and consultative assistance to teachers and parents on
various law education topics.
10. To evaluate program effectiveness, the Chief of Police, SRO, and the
Principal will define quantitative and qualitative measurements for each of
the nine (9) goals listed prior to the first day students arrive. Program
evaluation will occur twice during the school year with a final report prepared
on or before the last day of school for students. The evaluation will be based
upon input from the principal and school staff, as well as the SRO's chain of
command.
Page 3 of 8
Revised 8/22/2007
EXHIBIT II
SCHOOL RESOURCE OFFICER PROGRAM
GUIDELINES
BREVARD COUNTY SCHOOL SYSTEM
1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the
Chief of Police's chain of command and shall remain an employee of the City of Cocoa
Beach. They shall report to the school Principal daily and the Principal shall have input in
their evaluation.
2. The SRO shall be interviewed by a committee in which the Principal or their designee is a
participant. The final selection is by the Chief of Police with mutual consideration on the part
of the Principal.
3. The determination as to when the SRO will wear their uniform shall be defined by the Chief
of Police and the Principal.
4. The Principal has the authority to request the reassignment of the school resource officer
from their duties at school. The SRO may be reassigned from their position at their assigned
school after reasonable review and conferencing between the SRO and the Principal has
occurred. The following procedures must be followed:
A. The Principal will recommend to the Area Superintendent that the SRO be removed
from the program at their school, stating the reasons for the recommendation in
writing. A copy of that recommendation must be provided to the Superintendent and
the Chief of Police.
B. Within a reasonable period of time after receiving the recommendation to remove an
SRO, the Superintendent, or designee, will meet with the Chief, or his designee to
mediate or resolve any problem that may exist between the SRO and the staff at their
assigned school.
1. With the agreement of the Superintendent and the Chief, or their designees, the
SRO, or specified members of the staff from the school, may be required to be
present at the mediation meeting.
2. If, within a reasonable amount of time after commencement of mediation, the
problem cannot be resolved or mediated, in the opinion of both the Superintendent
and Chief, or their designees, then the SRO will be reassigned from the program at
that school and a replacement will be selected.
C. The Principal or any other school board employee shall report all allegations of
improper conduct to the SRO's immediate supervisor or to the Internal Affairs
function. School Board employees shall not conduct an internal investigation of
alleged improper conduct on the part of the SRO. However, the Principal may request
reassignment during that investigation.
Page 4 of 8
Revised 8/22/2007
5. The SRO has the authority to request review of contract provisions after reasonable review
and conferencing between the SRO and the Principal has occurred. The following procedures
must be followed:
A. The SRO will request that a review of the contract provisions be completed stating the
reasons for the request in writing. That request should be directed to the SRO's
immediate supervisor and the Principal. A copy of that request must also be provided
to the Superintendent and the Chief of Police.
B. Within a reasonable period of time after receiving the request for review from the
SRO, the Superintendent, or designee, will meet with the Chief, or his designee to
mediate or resolve any contract provision concerns that may exist between the SRO
and the staff at their assigned school.
1. With the agreement of the Superintendent and the Chief, or their designees, the
SRO, or specified members of the staff from the school, may be required to be
present at the mediation meeting.
2. If, within a reasonable amount of time after commencement of mediation, the
contract provision concerns cannot be resolved or mediated, in the opinion of both
the Superintendent and Chief, or their designees, then an alternative action will be
taken.
6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and
benefits of the agency to the SRO. The School Board shall reimburse the City for salary and
fringe based upon the amount stipulated in the agreement. If a substitute officer is required,
the School Board shall reimburse the city for actual cost for that substitute officer consistent
with the agreement.
7. The SRO's normal work year shall be the same as the normal teacher work year with an
additional alternative for five days of planning prior to the teacher work year and five days of
critique and review following the teacher work year.
8. A formal written plan of action with regard to the community policing philosophies will be
presented and discussed with the Principal, Chief of Police, SRO and other appropriate
personnel prior to the first day students arrive. This plan must include duties for the five days
prior and five days after teachers are on campus if that alternative option is selected, as well
as the number of hours that the SRO will provide in classroom instruction.
9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan
of action and provide summary evaluation concerning the SRO's progress not less than one
time per semester. Additional meetings may be requested by the Principal or the SRO to
review the progress of the plan of action.
10. The SRO shall be assigned specifically to the school, five days per week during the school
year. Unless it's an extreme emergency, the SRO will not be called away from school by the
law enforcement agency. If the SRO is called away from the school for a substantial portion
of the school day, the SRO shall notify the Principal and provide the Principal with an
alternative means of contacting the appropriate law enforcement agency. If the SRO is called
Page 5 of 8
Revised 8/22/2007
away from the school for more than a school day, the city should make every reasonable
effort to provide a substitute officer.
11. The SRO may be assigned to provide supplemental instructions at the discretion of the
Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in -
class SRO presentations will be used as a guide.
12. At the request of the Principal, the SRO may train school personnel in interview techniques,
investigation skills and related matters. It is preferred that the school resource officer make
parent contact prior to participating in a student disciplinary meeting. The SRO may engage
a student for the purpose of completing a Referral Form.
13. The SRO may be assigned by the Principal to supervisory duties during or after regular
school hours so long as they do not conflict with police department policy or the bargaining
agreement between the city and police officers. These after school activities will be under the
supervision of school personnel. The School Board will be responsible for 55% of all
overtime expenditures directly related to the daily activities of the SRO, not to exceed the
budgeted amount contracted between the Brevard County School Board and the employing
agency. [This does not include activities such as football games, basketball games, and
school dances for which a separate contract of service is required.]
14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the
school administration and police department. Both police and school administrative
procedures shall be followed. In the event they conflict, police procedure shall prevail. The
SRO shall avoid making arrests on school grounds unless under exigent circumstances. If
arrest is necessary, the SRO will be called to execute proper police procedure. The SRO
should coordinate arrest and other operational strategies with the Principal if at all possible.
The Principal, with the concurrence of the law enforcement agency, may assign the SRO to
sponsor extracurricular events and chaperone field trips or other school activities so long as
these assignments do not result in non -approved overtime expenses charged to the police
department.
15. The SRO will integrate with students in the following ways: between class breaks and during
lunch periods, and will patrol neighborhood areas after school if necessary.
16. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support
personnel, to solicit their support and understanding of the program.
17. The SRO should be familiar with all community agencies which offer assistance to
delinquent youths, such as: mental health clinics, drug treatment centers, etc., making
referrals when necessary and acting as a resource person to the Principal.
18. At the request of the Principal or other school staff, the SRO shall take appropriate action
against individual trespassers who appear at school and at school related functions.
19. Should it become necessary to conduct formal police interviews with students, law
enforcement policy will be followed, parents shall be notified and coordination made with the
Principal.
Page 6 of 8
Revised 8/22/2007
20. The SRO shall submit bi-monthly reports of their activities to be reviewed by the Principal
and the SRO command staff which shall include all overtime activities [including hours] as
approved by the Principal.
21. At any time during the school year when students are not in school, or at the conclusion of the
contract period, the SRO shall be assigned other duties by the Chief of Police.
22. The SRO shall comply with the provisions specified in Section Florida Statute 1006.12
(School Resource Officer Program)
Page 7 of 8
Revised 8/22/2007
EXHIBIT III
OFFICER SALARY - 2007/2008 COST PROJECTION
Officer Kathy Stiles
Annual Regular Salary @ 23.95 hr
Holiday Pay @ 88 hrs * hrly wage
Uniform Allowance
Life Insurance @ fixed rate
Medicare @ 1.45%
Pension - Police @ 22.6%
Social Security @ 6.2%
Workers Compensation @ 7.68%
SRO Annual Conference
TOTAL COMPENSATION
(Hourly wage based on 2080 hours)
(includes projected 3.25% increase)
$34.56
Cost of SRO for 190 Days (190 Days * 8 hrs * 34.56)
Overtime (5% of 190 days = 76 hrs OT )
TOTAL COST FOR SCHOOL YEAR
SCHOOL BOARD FUNDING
$49,824
$2,108
$300
$286
$757
$11,804
$1,652
$4,011
$1,141
$71,884
$52,531
$2,731
$55,262
$30,394
(55% of Total Cost for 190 Days)
COCOA BEACH & CAPE CANAVERAL FUNDING $24,868
MUNICIPALITIES FUNDING*
City of Cocoa Beach
(% of Cocoa Beach share of funding) 81.03% of $24,868 =
City of Cape Canaveral
$20,149
(% of Cocoa Beach share of funding) 18.97% of $24,868 = $4,719
$24,868
*The Municipal cost sharing is based on total student population of 1560 students as of 8/22/07 per Cocoa
Beach High School. The number of students residing in the City of Cape Canaveral, FL. is 296 or 17.38%.
Page 8 of 8
Revised 8/22/2007
Meeting Type: Regular
Meeting Date: 09-04-07
AGENDA
Heading
Consideration
item
6
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: QUARTERLY BUDGET REPORT AND TRANSFERS FOR
THE SECOND QUARTER ENDNG 06-30-07
DEPT/DIVISION: ADMINISTRATION/FINANCE
Requested Action:
City Council review and approve the quarterly budget report and transfers for the second quarter ending 06-
30-2007, as presented by the city treasurer.
Summary Explanation & Background:
See attached memo.
I recommend approval.
Exhibits Attached:
City treasurer's memo dated 08-29-07
City Man s Office
Department ADMINISTRATION/FINANCE
ca - kim\myd admin\council\meeting\2007\09-04-07\budget.doc
MEMORANDUM
DATE: August 29, 2007
TO: Honorable Mayor and
Members of the City Council
FROM: Andrea Bowers
City Treasurer
SUBECT: Quarterly Budget Report and Transfers for the Third Quarter of Fiscal Year
2006/2007, Quarter Ended 6/30/2007
Revenues
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.
At this point in the City's fiscal year, revenues should be collected at between 58% and 75%,
depending on the timing of the receipts. Overall, timing issues and Cash Forward aside, the
General Fund Revenues are collected at 80%. Ad Valorem is collected at 108%, surpassing
original projections and has been increased respectively. Fire Inspection Fees have been
collected 22% over original projections and are also increased. Violations of Local
Ordinances is increased to record the increased activity in this category. Plan Review
Income is also received 16% above projections. Miscellaneous Income is increased due to
the response to the Short Term Rental Ordinance.
A net change in Cash Forward is made to provide the funding to purchase the property at
7510 N. Atlantic Avenue and record the reduced funds required for the street resurfacing. I
have included a revised Fund Balance Policy with the adjusted figures. This provides a
larger undesignated Fund Balance.
Funds have been moved from Executive Salaries to Contract Services to fund the temporary
staffing of the Assistant to the City Clerk. Audit Expenses are increased to cover the
additional services required to complete the FY 05/06 audit. Both of these increases affect
the Administration Department in the General Fund and the Waste Water Fund.
Funding within three departments associated with Community Development, Building,
Planning & Zoning and Code Enforcement are reallocated to provide the additional funding
required due to the increased activity in Planning Services and Legal Services within the
Planning & Zoning Department.
Funds are transferred from Contingency to Fire/Rescue to fund unexpected maintenance
required for City equipment.
Building & Grounds Maintenance is increased in the Streets Department to provide for the
final months of the fiscal year. The lower cost of resurfacing the presidential streets and the
Canaveral Beach Gardens areas is represented in a reduction in Improvements Other than
Buildings. This reduction is offset by a reduction in Cash Forward.
Accounts budgeted to provide funds spent within the departments of the General Fund such
as Special Pay and Christmas Bonus' are deleted along with Grant Writing Services. Capital
Improvement — Buildings is increased to provide the budgeted funds required to complete the
purchase of the property at 7510 N. Atlantic Avenue. This increase is offset by an increase
to Cash Forward. Contingency is reduced to provide the operating funds required to complete
the year.
Fund allocation is reorganized in the Beautification Fund and Waste Water Fund to provide a
more appropriate budget for the required activities.
This completes the requested Budget Amendments for the second 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 6/30/2007
3/31/2007 Requested Adjusted
Budget Budget Budget
Line Item Account Name Balance Amend. Balance
Amended Administrative Expenditures 4,000
General Fund Revenue
001-300.1000
Cash Forward
1,950,000
879,127
2,829,127
001-311.1110
Ad Valorem - Police Service
2,121,830
14,000
2,135,830
001-311.1120
Ad Valorem - Fire/Rescue
1,385,574
9,500
1,395,074
001-319.1100
Tax Penalty - Police
1,600
2,500
4,100
001-329.2000
Fire Inspection Fees
10,000
2,400
12,400
001-354.1000
Violations of Local Ordinances
500
26,000
26,500
001-361.1000
Interest Income from Investments
237,250
10,000
247,250
001-369.1000
Misc. Income
3,000
6,000
9,000
001-369.2000
Plan Review Income
25,000
5,000
30,000
Amended General Fund Revenue
954,527
990
(500)
490
Administration
Motor Fuel
2,220
800
001-2-513.1100
Executive Salaries
288,283
(5,300)
282,983
001-2-513.3200
Audit Expenses
16,860
4,000
20,860
001-2-513.3400
Contractual Services
15,400
5,300
20,700
Amended Administrative Expenditures 4,000
Amended Public Safety Expenditures 53,900
Planning & Zoning
001-3-515.3100
Planning Services
102,110
34,000
136,110
001-3-515.3400
Legal Services
27,776
23,000
50,776
001-3-515.4700
Printing
500
400
900
001-3-515.4910
Publishing
2,568
(2,000)
568
001-3-515.5200
Operating Supplies
2,786
(1,500)
1,286
Amended Public Safety Expenditures 53,900
Amended Building Department Expenditures (24,250)
Fire Rescue
001-5-522.4620
Equipment Repair & Maintenance
22,000
5,000
27,000
Amended Fire
Rescue Expenditures
5,000
Building Department
001-6-524.2400
Worker Compensation
11,455
(2,300)
9,155
001-6-524.3400
Contract Services
7,392
(5,000)
2,392
001-6-524.4000
Travel & Per Diem
5,840
(5,000)
840
001-6-524.4200
Postage
1,885
3,250
5,135
001-6-524.4620
Equipment Maintenance
3,653
1,500
5,153
001-6-524.5200
Operating Supplies
18,500
(7,000)
11,500
001-6-524.5230
Uniforms
990
(500)
490
001-6-524.5240
Motor Fuel
2,220
800
3,020
001-6-524.5400
Memberships & Training
9,085
(5,500)
3,585
001-6-524.6400
Capital
6,000
(4,500)
1,500
Amended Building Department Expenditures (24,250)
City of Cape Canaveral
Budget Transfers for the Quarter Ended 6/30/2007
Amended Street Department Expenditures (741,715)
Code Enforcement
3/31/2007
Requested
Adjusted
Legal Services
001-9-529.4000
Budget
Budget
Budget
Line Item
Account Name
Balance
Amend.
Balance
Memberships & Training
Street Department
119
3,153
(2,500)
001-7-541.4610
Building & Grounds Maintenance
47,750
3,000
50,750
001-7-541.5330
Street Signs
3,500
(500)
3,000
001-7-541.5400
Memberships & Training
3,025
(2,000)
1,025
001-7-541.6300
Improvements Other than Buildings
1,985,000
(742,215)
1,242,785
Amended Street Department Expenditures (741,715)
Amended Code Enforcement Expenditures
Non -Departmental
001-17-901.1400
Code Enforcement
001-9-529.3140
Physicals
001-9-529.3400
Legal Services
001-9-529.4000
Travel & Per Diem
001-9-529.4620
Equipment Maintenance
001-9-529.5200
Operating Supplies
001-9-529.5230
Uniforms
001-9-529.5400
Memberships & Training
Amended Code Enforcement Expenditures
Non -Departmental
001-17-901.1400
Special Pay
001-17-901.1600
Christmas Bonus Special Pay
001-17-901.3100
Professional Services
001-17-901.3112
Grant Writing Services
001-17-901.6200
Capital Improvement - Buildings
001-17-901.9900
Contingency
Amended Non -Departmental Expenditures
Amended General Fund Revenues
1,200
1,656,392
Amended General Fund Expenditures
Expenditures
105-15-541.4000 Travel & Per Diem
105-15-541.4930 Awards & Recognition
105-15-541.5200 Operating Supplies
105-15-541.5210 Chemicals
105-15-541.5250 Small Tools
105-15-541.9900 Contingency
Amended Beautification Fund Expenditures
150
(150)
-
15,100
6,500
21,600
2,548
(2,100)
448
2,325
800
3,125
3,000
(1,000)
2,000
469
(350)
119
3,153
(2,500)
653
10,000
(10,000) -
4,708
(4,708) -
2,000
1,000 3,000
5,000
(5,000) -
200,000
1,687,500 1,887,500
59,944
(12,400) 47,544
954,527
954,527
1,975
(1,500)
475
1,500
(500)
1,000
40,900
11,000
51,900
5,650
(1,000)
4,650
3,500
(1,000)
2,500
22,444
(7,000)
15,444
City of Cape Canaveral
Budget Transfers for the Quarter Ended 6/30/2007
Amended Sewer Enterprise Fund Expenditures
3/31/2007
Requested
Adjusted
Budget
Budget
Budget
Line Item
Account Name
Balance
Amend.
Balance
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�,1.,�
:, /i„4„
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Expenditures
401-10-535.1100
Executive Salaries
147,951
(2,200)
145,751
401-10-535.3120
Legal Fees
5,000
(3,000)
2,000
401-10-535.3130
Engineering Fees
47,375
6,000
53,375
401-10-535.3400
Contract Services
59,040
2,200
61,240
401-10-535.4000
Travel & Per Diem
8,910
(5,000)
3,910
401-10-535.4500
General Insurance
188,935
21,000
209,935
401-10-535.4622
Collection System Maintenance
30,000
8,000
38,000
401-10-535.5250
Small Tools
7,000
(5,000)
2,000
401-10-535.5260
Lab Supplies
30,000
2,000
32,000
401-10-535.5270
General Supplies
13,000
1,500
14,500
401-10-535.6400
Capital Equipment
140,490
25,000
165,490
401-10-535.9900
Contingency
99,375
(50,500)
48,875
Amended Sewer Enterprise Fund Expenditures
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Meeting Type: Regular
Meeting Date: 09-04-07
AGENDA
Heading
Discussion
Item
7
No.
the maintenance of common areas.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: TOWNHOUSE CODE
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council review and comment on the Townhouse Code; in particular, the maintenance of common use
areas of the townhouse occupants in Section 110-377 and any other issues associated with the Townhouse
Code.
Summary Explanation & Background:
There was a concern raised at the last council meeting that a final plat did not have any documents relating to
the maintenance of common areas.
Code Section 110-377 may need to be rewritten to provide clarity of what is required.
Please advise.
Exhibits Attached:
Chapter 110, Division 7. Townhouses
City Mana a •' Mce —,
Department LEGISLATIVE
im\m doc is\admin\council\meeting\2007\09-04-07\townhouse.doc
DIVISION 7. TOWNHOUSES Pagel of 3
DIVISION 7. TOWNHOUSES
Sec. 110-371. Permitted use.
Townhouses are permitted as an allowed use in R-2 and R-3 districts.
(Code 1981, ch. 639)
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as follows:
(1) Minimum area to be developed shall be 6,250 square feet.
(2) Minimum lot area shall be 1,600 square feet.
(3) Minimum lot width shall be 20 feet.
(4) Minimum lot depth shall be 70 feet.
(5) Maximum lot coverage by all buildings shall be 40 percent of the site area.
(6) Minimum floor area shall be as follows:
a. One bedroom, 650 square feet per dwelling unit.
b. Two bedrooms, 750 square feet per dwelling unit.
c. Additional bedrooms, 200 square feet per bedroom.
(7) Maximum building length or width shall be 185 feet.
Until December 31, 1993, 50 and 75 -foot -wide nonconforming lots of record may have 16 -foot -wide
townhouse lots.
(Code 1981, § 639.03)
Sec. 110-373. Minimum setbacks.
For townhouses, the minimum setbacks required shall be as follows:
(1) Front, 25 feet.
(2) Side, end unit, eight feet.
(3) Side, interior unit, zero feet.
(4) Rear, 15 feet.
(5) Side, corner lot, 25 feet; on all nonconforming lots of record, 15 feet.
(Code 1981, § 639.03)
Sec. 110-374. Offstreet parking.
For a townhouse, there shall be a minimum of three parking spaces for each living unit located
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DIVISION 7. TOWNHOUSES Page 2 of 3
on the same property as the main building. The minimum of three parking spaces shall be
required of all living units of three bedrooms or less. Living units containing in excess of three
bedrooms shall require an additional parking space for each bedroom in excess of three.
(Code 1981, § 639.05)
Sec. 110-375. Utilities.
For townhouse utilities, the following shall apply:
(1) All utility distribution systems, including but not limited to television cable, telephone
and electrical systems shall be installed underground. Primary facilities providing
services to the site may be excluded.
(2) A five-foot public access easement shall be provided along each side and across
the rear of the site.
(Code 1981, § 639.07)
Sec. 110-376. Preservation of trees.
For townhouses, during the development of the subdivision, all trees of four inches in diameter
or larger shall be preserved or replaced, unless they exist within:
(1) A proposed public or private easement.
(2) A proposed structure dimension.
(3) A proposed driveway or designated parking area.
(4) Ten feet of a proposed structure.
(Code 1981, § 639.09)
Sec. 110-377. Individually platted lots.
Each townhouse unit shall be located on an individually platted lot. If there exists areas for
common use of the occupants, the plat will not be approved until satisfactory arrangements are made
for maintenance and presented to the city. Individual maintenance procedures shall be submitted to the
planning and zoning board to ensure that all public areas in common open spaces shall be maintained
in a satisfactory manner without expense to the city.
(Code 1981, § 639.11)
Sec. 110-378. Building permit.
The townhouse developer must file an application for a building permit. The application must be
in a format approved by the building official and shall include all elements necessary for multi -family
construction in accordance with section 110-221 et seq. The expiration date of the building permit shall
be in accordance with section 106.6.1 of the building code adopted in section 82-31.
(Code 1981, § 639.13)
Sec. 110-379. Development schedule.
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DIVISION 7. TOWNHOUSES
Page 3 of 3
A townhouse development schedule shall be submitted for review to the planning and zoning
board, who may approve, approve subject to conditions or disapprove. When submitted, the
development schedule shall indicate the staging of construction and the staging of open space or other
common use areas for conveyance, dedication or reservation; the geographic stages in which the
project will be built; the approximate date when construction of each stage shall begin; and its
anticipated completion date. Provisionfor the construction of cultural and recreational facilities which are
shown on the site plan shall proceed at an equivalent or greater rate as the construction of the dwelling
units.
(Code 1981, § 639.15)
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Meeting Type: Regular
Meeting Date: 09-04-07
AGENDA
Heading
Discussion
[tem
g
No.
setbacks.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: LOT AREA AND DIMENSIONS, MINIMUM SETBACKS
DEPT/DIVISION: LEGISLATIVE
Requested Action:
Council Member Roberts is requesting City Council discuss lot area and dimensions and minimum setbacks as
a possible way to increase open/green space for future development/redevelopment within the City.
Summary Explanation & Background:
The open/green space issue was raised earlier this year by Council Member Roberts. I consulted with our
city planner and one way to increase open/green space is to amend lot area and dimensions and minimum
setbacks.
I attached the city code sections for R-1, R-2, R-3, C-1 M-1, Townhouses and C-2 Districts. Also included is
the supplemental setback section of the city code.
Please advise.
Exhibits Attached:
City Code Sections for R-1, R-2, R-3, C-1, M-1, Townhouses and C-2 Districts; Supplemental Setback
Section of the City Code
City Mana ve-s-Office
Department LEGISLATIVE
,
/11
ca myd ume t a in\counci na\2007\09-09-07\setbacks
caoc
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT* Page 1 of 1
Sec. 110-276. Area and dimensions.
In the R-1 low density residential district, the following area and dimensions shall be required:
(1) Minimum lot area shall be 7,500 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 40 percent.
(5) Minimum living area shall be 1,100 square feet.
(6) Maximum height shall not exceed 25 feet.
(Code 1981, § 637.11)
Sec. 110-277. Minimum setbacks.
In the R-1 low density residential district, the following minimum setbacks shall be required:
(1) Front, 25 feet.
(2) Side (interior lot line), eight feet or ten percent of lot, whichever is greater, up to 20
feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 25 feet; 20 feet when abutting an alley.
(5) Public or private street, 25 feet.
(Code 1981, § 637.11)
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DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT* Page 1 of 1
Sec. 110-296. Area and dimension.
In the R-2 medium density residential district, the following area and dimensions shall be
required:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square feet.
b. Multiple -family, 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as follows:
a. One -family, 1,100 square feet per dwelling unit.
b. Two-family, 750 square feet per dwelling unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per dwelling unit.
2. One bedroom, 650 square feet per dwelling unit.
3. Two bedrooms, additional bedrooms, 750 square feet per dwelling
unit (plus 200 square feet for each additional bedroom).
(6) Maximum height shall not exceed 25 feet.
(7) Maximum length or width of a structure shall not exceed 185 feet.
(Code 1981, § 637.25)
Sec. 110-297. Minimum setbacks.
(a) In the R-2 medium density residential district, the following minimum setbacks shall be
required.
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater,
up to 15 feet.
(3) Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.25)
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DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT* Page 1 of 1
Sec. 110-316. Area and dimensions.
In the R-3 medium density residential district, area and dimensions shall be as follows:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square feet.
b. Multiple -family, 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as follows:
a. One -family, 1,100 square feet per dwelling unit.
b. Two-family, 750 square feet per dwelling unit.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per dwelling unit.
2. One bedroom, 650 square feet per dwelling unit.
3. Two bedrooms, additional bedrooms, 750 square feet per dwelling
unit plus 200 square feet for each additional bedroom.
(6) Maximum height shall not exceed 45 feet.
(7) Maximum length or width of a structure shall not exceed 185 feet.
(Code 1981, § 637.39)
Sec. 110-317. Minimum setbacks.
(a) In the R-3 medium density residential district, the minimum setbacks required shall be as
follows:
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater,
up to 15 feet. (See subsection (b) of this section.)
(3) Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet.
(4) Rear, 15 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(c) Side setbacks for all lots contiguous with the ocean beach shall be ten feet or ten percent of
the width of the lot, whichever is greater, up to 15 feet.
(Code 1981, § 637.39)
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DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 1 of 1
Sec. 110-336. Area and dimensions.
In the C-1 low density commercial district, the following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and structures, 5,000 square feet, and, in addition, the
ratio of gross floor area to lot area shall not exceed 1.5:1.0.
(2) Minimum lot width shall be as follows:
a. Service stations, hotels and motels, 100 feet.
b. All other principal uses and structures, 50 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum living or floor area shall be as follows:
a. Hotels and motels, 300 square feet per rental unit.
b. Hotel and motel units containing provisions for cooking or light housekeeping,
not less than 400 square feet.
c. All other principal uses and structures, 300 square feet.
(6) The maximum height of all buildings constructed within the C-1 district shall be 45
feet.
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96; Ord. No. 24-2006, § 2, 1-2-07)
Sec. 110-337. Minimum setbacks.
(a) In the C-1 low density commercial district, the minimum setbacks required shall be as
follows:
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), zero feet; 25 feet when abutting a residential district.
(3) Side (corner lot line), 25 feet.
(4) Rear, ten feet; 25 feet when abutting a residential district.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.55)
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DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT D... Page 1 of 1
Sec. 110-356. Area and dimensions.
In the M-1 light industrial and research and development district, the area and dimensions shall
be as follows:
(1) Minimum lot area shall be 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum floor area shall be 300 square feet.
(6) The maximum height of all buildings constructed within the M-1 zoning district shall
be 45 feet.
(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research and development district, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), 15 feet, except where industrial property abuts a residential
district, in which case the minimum side interior lot shall be 25 feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 15 feet, except where industrial property abuts a residential district, in which
case the minimum rear yard requirement shall be 25 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 638.11)
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DIVISION 7. TOWNHOUSES Page 1 of 1
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as follows:
(1) Minimum area to be developed shall be 6,250 square feet.
(2) Minimum lot area shall be 1,600 square feet.
(3) Minimum lot width shall be 20 feet.
(4) Minimum lot depth shall be 70 feet.
(5) Maximum lot coverage by all buildings shall be 40 percent of the site area.
(6) Minimum floor area shall be as follows:
a. One bedroom, 650 square feet per dwelling unit.
b. Two bedrooms, 750 square feet per dwelling unit.
c. Additional bedrooms, 200 square feet per bedroom.
(7) Maximum building length or width shall be 185 feet.
Until December 31, 1993, 50 and 75 -foot -wide nonconforming lots of record may have 16 -foot -wide
townhouse lots.
(Code 1981, § 639.03)
Sec. 110-373. Minimum setbacks.
For townhouses, the minimum setbacks required shall be as follows:
(1)
Front, 25 feet.
(2)
Side, end unit, eight feet.
(3)
Side, interior unit, zero feet.
(4)
Rear, 15 feet.
(5)
Side, corner lot, 25 feet; on all nonconforming lots of record, 15 feet.
(Code 1981, § 639.03)
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DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Page 1 of 1
Sec. 110-385. Area and dimensions.
In the C-2 commercial/manufacturing district, the following areas and dimensions shall be
required:
1. Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and structures shall be 10,000 square feet.
2. Minimum lot width shall be as follows:
a. Service stations, 100 feet.
b. All other principal uses and structures shall be 75 feet.
3. Minimum lot depth shall be 100 feet.
4. Maximum lot coverage shall be 50 percent.
5. Minimum floor area shall be 300 square feet.
6. Maximum height shall be 45 feet.
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-386. Minimum setbacks.
In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as
follows:
1. Front, 25 feet.
a. (See § 110-356 for special setback.)
2. Side (interior lot line) 15 feet, except where industrial property abuts a residential
district, in which case the minimum side interior lot shall be 25 feet.
3. Side (corner lot line), 25 feet.
4. Rear, 15 feet, except where industrial property abuts a residential district, in which
case the minimum rear yard requirement shall be 25 feet.
5. Public or private street, 25 feet.
a. (See Section 110-356 for special setbacks.)
(Ord. No. 4-99, § 1, 7-6-99)
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DIVISION 5. SETBACKS
DIVISION 5. SETBACKS
Sec. 110-536. Building setback lines.
(a) The following shall be the minimum building setback lines along the listed roads:
Pagel of 2
(1) Highway A1A (portions known as North Atlantic Avenue and Astronaut Boulevard).
Setback, each side, from the northern city boundary to the southern city boundary shall
be 50 feet from the highway right-of-way.
(2) North Atlantic Avenue (that portion of North Atlantic Avenue also known as Palm
Avenue and S.R. 401). Setback, each side, from its intersection with Monroe Avenue to
the northern city boundary shall be 50 feet from the right-of-way.
(3) Ridgewood Avenue. Setback, each side, from the southern city boundary to the
northern city boundary of Ridgewood Avenue shall be 25 feet from the right-of-way.
(b) On the Atlantic Ocean, the setback shall comply with the coastal construction setback. See
section 82-81 et seq.
(c) In determining the setback requirements for any building proposed to be erected, the
setback requirements in this section shall be construed as a minimum setback, and if a greater
setback is required under any of the zoning districts such greater setback requirements shall be
enforced.
(Code 1981, § 641.17)
Cross references: Building code, § 82-31 et seq.
Sec. 110-537. Erection of more than one principal structure on lot.
(a) In any district, except R-1, more than one structure housing a permitted or permissible
principal use may be erected on a single lot, provided that this division and other requirements
of this chapter shall be met for each structure.
(b) The distance between buildings shall be as follows:
(1) Twenty feet for first two stories;
(2) Twenty-five feet for first three stories;
(3) Thirty feet for first four stories; and
(4) Two additional feet for each story above four.
(Code 1981, § 641.19)
Sec. 110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the sky,
except as follows or as otherwise permitted in this chapter:
(1) Sills or belt courses may project not over 18 inches into a required setback.
(2) Movable awnings may project not over three feet into a required setback.
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DIVISION 5. SETBACKS
Page 2 of 2
(3) Chimneys, fireplaces or pilasters may project not over two feet into a required
setback.
(4) Fire escapes, stairways and balconies which are unroofed and unenclosed may
project not over five feet into a required rear setback or not over three feet into a side
setback and shall not project into a required front setback of a multiple dwelling, hotel or
motel.
(5) Hoods, canopies or marquees may project not over three feet into a required
setback.
(6) Fences, walls and hedges shall be permitted in the required setback, subject to this
chapter.
(7) Parking may be located in a required front or rear setback for single-family and two-
family dwellings.
(8) In the commercial and industrial zoning districts, with the exception of any property
abutting State Highway AM and located north of the existing centerline of Central
Boulevard, required offstreet parking spaces may be permitted within ten feet of the front
lot line. Parking may be permitted on a required side setback on a corner lot in the
commercial zoning district.
(9) No required setback or landscape buffer shall be used for any parking space or
backout area, except as specified in subsections (7), (8) and (11) of this section.
(10) Open, enclosed porches, platforms or paved terraces not covered by a roof or a
canopy and which do not extend above the level of the first floor of the building may
extend or project into the required setback.
(11) Primary parking may be located in a required front setback for multiple -family
dwellings.
(12) Signs for on-site advertising shall be in conformance with chapter 94 pertaining to
signs.
(13) Roof overhangs (eaves) may project not over two feet into a required setback.
(14) Air conditioner units may project not over five feet into a required rear setback.
(15) Emergency pad -mounted generators as provided for in section 110-484.
(16) Conveyor systems may be located within setbacks in the M-1 light industrial and
research and development district by special exception, for purposes of moving
aggregate and other materials.
(Code 1981, § 641.21; Ord. No. 15-2005, § 2, 9-20-05; Ord. No. 16-2005, § 2, 10-4-05)
Secs. 110-539--110-550. Reserved.
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