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HomeMy WebLinkAboutPacket 09-05-2006 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY September 5, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Summer Commercial Beautification Award BOARD INTERVIEW: Andrea Rice, Beautification Board CONSENT AGENDA: 1. City Council Regular Meeting Minutes of August 15, 2006. 2. Resolution No. 2006-30; Appointing an Alternate Member to the Board of Adjustment (Jack Childs). 3. Street Sweeping Contract Renewal with USA Services of Florida, Inc. CONSIDERATIONS: 4. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending June 30, 2006. 5. Motion to Approve: Contract for Audit Services with McGladrey & Pullen, Certified Public Accountants. 6. Motion to Approve: Ridgewood Avenue Beautification Design Proposal Tasks I & II, Brad Smith and Associates. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City Council Regular Meeting September 5, 2006 Page 2 of 2 ORDINANCES: First Public Hearing: 7. Motion to Approve: Ordinance No. 11-2006; Amending the List of Special Exceptions (Aka Conditional Uses) in the 6-1 Zoning District Related to Residential Uses; Specifically Amending Section 110-334(c)(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Adjacent to and has Frontage Along the A1A Highway Corridor; Providing Clarifying Amendments, at first reading. DISCUSSION: 8. Vacation Rentals. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting_ Memo To: Bennett Boucher, City Manager From: Ed Gardulski, Public Works �A4 Date: August 10, 2006 Re: Agenda item for September 5, 2006 - City Council Meeting, Summer Commercial Beautification Award Presentation On August 8, 2006, the Beautification Board voted Radisson Hotel as the Summer Commercial Beautification Award Winner. Board Member, Judy Hale will be available to present the award. Please place this item on the September 5th meeting. Thank you. • Page 1 MEMO TO: Bennett Boucher, City Manager FROM: Ed Gardulski, Director of Public W rk SUBJECT: Beautification Board Applicant, Andrea Rice Interview Council Agenda September 5, 2006 DATE: August 10, 2006 The Beautification Board interviewed Ms. Andrea Rice on August 8, 2006. The Board motioned to recommend to City Council the appointment of Ms. Rice as a regular Beautification Board Member. Please place this request on the City Council Meeting Agenda for September 5, 2006. If you have any questions please call the Board Secretary, Cathy Hardy. Cc: Susan Stills, City Cleric 0 Page 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE 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: 7A Aar ( b r Yt 3. Home Telephone: � ph 3 l- 7 gq 1,4 D v 7 4. Occupation: Tia-df' c: 5. Business Telephone: 6. Business Address: 1�2O sal Li't d CC - FL. B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? (Y)....X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)_Z (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: FL. 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? ( r2l initials ff)_)� (N) (Y)- 6b. Y) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. I NTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a �ity advisory board committee: I�16�vre e vL i o u e , ' a av^en -i Ci . I �, d ox s C -0 -n i'/- 2. Briefly state any prior experiences in serving on any governmental board or committee. --4 6 0-C, 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 co mittee: e s -fv ©wr CLVY1a 011-1A -D 0+e� 5 C"a is z l c c) ►- ) Y -o2 c-,tSj v 4. In numWcal sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other. *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American _ Female Hispanio-American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: /i�.P�o✓ ia/� Date: Please return to: City of Cape Canaveral - v = ; ,, r -- Office Office of the City Clerk f , 105 Polk Avenue IG -5 PC, !.- Cape ;Cape Canaveral, Florida 32920 ;� - Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY OF CAPE CANAVERAL BEAUTIFICATION BOARD REVISED 01/12/06 Board Meets 2nd Tuesday 7 Regular and 2 Alternate Board Monthly in Annex at 7pm Members per City Code 2-181&2-171(m) Three Vacancies MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES CHAIRPERSON ANDREA SCHAFFNER (H) 868-3088 02-15-05 (Reg) 11-01-07 506 TYLER AVE 05-18-04 aschaffner@cfl.rr.com VICE CHAIRPERSON MARY JO LAWS (H) 783-9548 10-21-03 11-01-06 232 CIRCLE DR (W) 867-9641 11-20-01 Jojoblu232@aol.com 01-18-00 (Reg) 11-16-99 (Alt) 01-03-06 11-01-08 MARTHA CARROLL (H) 799-3538 10-21-03 112 WASHINGTON 11-01-00 Martha.carroll@partrick.af.mil 10-20-98 ELIZABETH MARS (H) 783-6990 10-19-04 11-01-06 430 MADISON AVE (C) 243-3789 11-19-02 jmars@cfl.rr.com 06-20-00 (Reg) 05-02-00 (1st Alt) PAULA COLLINS (W) 853-5581 10-21-03 11-01-06 8708 BAY CT (H) 784-8256 05-18-01 (Reg) BCollins19@cfl.rr.com 09-06-05 (Reg) 11-01-08 JUDY HALE (H) 783-4246 02-15-05 (1st Alt) 110 WASHINGTON AVE 10-19-04 kepfit@juno.com 11-19-02 05-02-00 (Reg) One Member Vacancy Two Alternate Vacancies CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 15, 2006 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Mayor Rocky Randels Council Members Absent: Council Member Buzz Petsos Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Assistant City Clerk Virginia Haas City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski City Planner Todd Peetz City Engineer John Pekar PRESENTATIONS: National Night Out — Sponsorship Recognitions, Brevard County Sheriffs Office. Corporal Mitchell Boshnack outlined the background of National Night Out and honored several participants who went above and beyond in the event sponsorship at Cape View Elementary School on August 1, 2006. Corporal Boshnack acknowledged Sharon Horton, Principal of Cape View Elementary. Awards for Canaveral Meats, Antonio's Pizza and Publix would be hand delivered. Coporal Boshnack thanked all who assisted City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 2 of 10 in the event and for the City of Cape Canaveral's support. Mayor Randels thanked the Sheriffs Department for a successful event. Ridgewood Avenue Project Report, Brad Smith & Assoc. Mr. Brad Smith, Brad Smith and Associates, explained that public meetings were held to gather citizen input and plans were adjusted to accommodate citizen's requests at the public meetings which included light fixtures, paving textures, palm trees, intersection treatments and decorative paving. He continued that two additional items were added to include banner arms attached to light fixtures, and uniform appearance schemes for stop signs and speed limit signs. Mr. Smith stated that the concept and budget are set and the next phase would include incorporating the engineering survey to prepare for the final construction documents. Mr. Boucher replied to Mr. Bruns that Brevard County still owns Ridgewood Avenue; however, a forthcoming agreement is anticipated. Mr. Nicholas stated that he believes it to be a nice concept and asked if there would be an open concept presentation for the general public to allow for additional input from citizens. Mayor Randels replied to a citizen that the lights are turtle friendly in that they are flat, low hanging over streets with recessed bulbs. Mr. Smith replied to Shannon Roberts that Brad Smith and Associates is currently working with the City of Cocoa Beach to ensure visual continuity through the extension of Ridgewood. He noted that both Cities' timelines are similar; however, Cocoa Beach has additional stormwater treatments and wider roads. Mr. Boucher stated that the City could place the design on the city website for citizen review. Mayor Randels pointed out that there will be ten blocks of Ridgewood Ave. considered County Avon by the Sea area that would not receive treatments. A resident stated that Ridgewood Avenue appeared as part of Solana Shores in a search by MapQuest. Mr. Bruns replied that previously there had been a proposed right of way where Ridgewood Avenue extended through the Solana Shores area to the port. City Council agreed to continue Ridgewood Avenue streetscape to the next level of design. Mayor Randels requested storyboards to display in City Hall. Mr. Smith completed his presentation noting that he submitted the construction phase to the City Manager for review. BOARD INTERVIEW: Jack Childs, Board of Adjustment Mayor Randels called on Mr. Jack Childs to interview for the Board of Adjustment. Mr. Childs affirmed that all of the information in his application was true and correct to the best of his knowledge. Mr. Childs responded to Attorney Garganese that he would like to serve his community through membership on the Board of Adjustment. Attorney Garganese explained that this board dealt with land use and zoning issues. Mayor Randels stated City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 3 of 10 that volunteers have critical positions on the City's boards and that the Board of Adjustment was Mr. Childs' first choice. Mayor Randels advised Mr. Childs that a resolution to appoint him to the Board of Adjustment would be placed on the next City Council agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 18, 2006. 2. Resolution No. 2006-26; Appointing a Regular Member to the Community Appearance Board (Kelley Sweet Jensen). 3. Resolution No. 2006-27; Reappointing Regular Members to the Planning & Zoning Board (McNeely & Fredrickson). 4. Resolution No. 2006-28; Appointing Regular Members to the Business & Cultural Development Board (Peterson & Spiesman). 5. School Resource Officer Agreement with the City of Cocoa Beach. 6. Outdoor Entertainment Permit for Cocoa Beach Area Chamber of Commerce Wednesday-Friendsday Event Being Hosted by Fairvilla Megastore. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. No item was removed for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For. CONSIDERATIONS: 7. Motion to Approve: Award Bid No. 06-05, Public Works Maintenance Building and Site Improvements to Butler Construction Co., in the Amount of $507,777. Mr. Gardulski explained that this building has been discussed for over three years. He summarized that this was a large metal building with roll up doors that can withstand storms. Brown and Caldwell Engineers reviewed the submitted proposals and the bid was published in both local newspapers. Twelve firms acquired the bid packages. A pre-bid meeting was held and three firms submitted proposals that included Mark Cook Builders, Inc., Canaveral Construction Company and Butler Construction Company. City Engineers City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 4 of 10 submitted that the low bidder, Butler Construction Company, could provide the construction of the requested building for the storage of outdoor equipment. A motion was made by Mr. Bruns and seconded by Mr. Nicholas to Award Bid No. 06-05 Public Works Maintenance Building and Site Improvements to Butler Construction Co., in the Amount of $507,777. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. 8. Motion to Approve: Ranking of Firms for RFQ 06-04, City Hall/Police Department Needs Assessment and Design. Mr. Boucher summarized that the ranking committee reviewed six submittals with a scoring sheet. He continued that staff feels comfortable negotiating with the number one firm. Mayor Randels explained to the public that this RFQ is a needs assessment for City Hall/Police Department and explained the criteria for the ratings and reference checks. Architect Design Group in Fort Myers, Florida ranked the highest by the review team. If approved, staff would then begin negotiations with the top ranked firm. Mayor Randels noted that prices are not discussed within this RFQ because the city is seeking the most qualified firm. Mayor Pro Tem Hoog stated that all six firms were highly recommended, and with excellent referrals. He commended the review team for their ranking. Mr. Nicholas agreed that staff applied valuable time to the review and he respects their judgment. Mr. Bruns agreed and feels the request received quality responses with a clear winner picked through a point system. City Council overall approved that the proposals were excellent and staff could begin negotiations. Mayor Randels stated that this was the first phase of the project and the next phase would be the design. Mr. Boucher explained the contract as "stop and go" where the city could continue the process or stop if funding was not available. Ms. Roberts asked if the needs assessment would include a public meeting for the citizen's input. Mayor Randels noted that the city would not be opposed to public meetings however the city is only in phase one of planning for future needs. Mr. Boucher responded to Ms. Roberts that several meetings with departments and staff will occur that will include review of square footage and usage in each department. Kevin Ratigan, Architects Design Group, introduced John Allen, Civil Engineer, and stated that he was pleased with the selection committee's results. He will study the city carefully and see what the city has and what the city needs which will include many variable options. Mr. Ratigan ensured a participatory approach in which their company would learn from community and staff input. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve the Ranking of Firms for RFQ 06-04, City Hall/Police Department Needs Assessment and Design. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 5 of 10 ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No. 11-2006; Amending the List of Special Exceptions (Aka Conditional Uses) in the C-1 Zoning District Related to Residential Uses; Specifically Amending Section 110-334(C)(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Adjacent to and has Frontage Along the A1A Highway Corridor; Providing Clarifying Amendments, at first reading. Mayor Randels clarified that this ordinance concerns all commercial property located along the SRA1A corridor and adjacent to and fronting SRA1A which does not include North Atlantic Avenue. Mayor Randels explained the history of the ordinance as it was recommended by joint workshops between the Business & Cultural Development Board, Planning & Zoning Board and City Council. The issue has been in review since November 2005. Mayor Randels stated that this review arose because historically the city has always permitted residential use in commercial zoning which is presently causing problems between the businesses and residents. At the July 26, 2006 workshop meeting there was consensus among the boards to initiate the resident's desires in response to the community survey. Ordinance 11-2006 removes special exceptions for residential use in commercial zoning. Mayor Pro Tem Hoog stated that the ordinance would end much dissent between the commercial businesses and residents. Mayor Randels read Ordinance No. 11-2006 by title: An Ordinance of the City Council of the City of Cape Canaveral, Florida Amending the List of Special Exceptions (Aka Conditional Uses) in the C-1 Zoning District Related to Residential Uses; Specifically Amending Section 110-334(C)(10), Cape Canaveral City Code, to Prohibit Special Exception Residential Uses on Property that is Located Adjacent to and has Frontage Along the A1A Highway Corridor; Providing Clarifying Amendments; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Providing for Incorporation into the Code; and Providing for an Effective Date. Ruth Montgomery, resident Hidden Harbor Condo, inquired about businesses that include residences above. Mayor Randels responded that current city code does not include mixed use developments. She replied that this may be a disservice to businesses. Mayor Randels clarified that citizens may conduct home businesses, however, mixed use is not allowed. Mayor Pro Tem Hoog noted that this particular ordinance would eliminate residential homes being built on A1A. Mayor Pro Tem Hoog replied that the city may discuss a mixed use concept in the future. Mayor Randels responded to Mr. Ray Osbourne that the ordinance would affect property south to the city limits, which is the west side of A1A before Publix. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 6 of 10 A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 11-2006 at first reading. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, and Mayor Randels, For. 10. Motion to Approve: Ordinance No. 12-2006; Providing for a Referendum Election and Ballot Language for the November 7, 2006 General Election to Amend Article XIV Fire Department, Section 4 Fire Protection Services of the City's Charter by Deleting the Charter Provision that Prohibits Building or Acquiring a Fire Station and Adding a Charter Provision that Requires a Duly Noticed Public Hearing Before the City Council Formally Commits to Building or Acquiring a Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7, 2006 General Election Ballot; Providing for Coordination with the Supervisor of Elections, at first reading. Mayor Randels explained that should this ballot question appear on the November 2006 ballot, the city must schedule a second reading prior to September 1, 2006 because the Supervisor of Elections must have time to prepare the ballots. Mayor Randels summarized that the current charter provides that the city is prohibited from building or acquiring their own fire station. At present, the Jackson Avenue fire department is inadequate. Mayor Randels continued that should the fire department be unable to acquire funding, they have asked the city to modify the charter to add an option of the city funding a fire department. Mayor Randels read Ordinance No. 12-2006 by title. Providing for a Referendum Election and Ballot Language for the November 7, 2006 General Election to Amend Article XIV Fire Department, Section 4 Fire Protection Services of the City's Charter by Deleting the Charter Provision that Prohibits Building or Acquiring a Fire Station and Adding a Charter Provision that Requires a Duly Noticed Public Hearing Before the City Council Formally Commits to Building or Acquiring a Fire Station; Setting Forth a Ballot Question for Inclusion on the November 7, 2006 General Election Ballot; Providing for Coordination with the Supervisor of Elections. Mayor Pro Tem Hoog commended Chief Sargeant for approaching the council with this idea. Mayor Randels explained that the fire department provides a needed service and the city provides the equipment. Chief Sargeant alerted the council to add this to the referendum so the residents could own the facility. Mr. Boucher responded to Mr. Tom Garboski that the Volunteer Fire Department currently owns the land and facility. The city could potentially build onto the facility at the present location and a clause could be added to the agreement pertaining to the purchase of the land and current building. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 7 of 10 Ms. Shannon Roberts inquired if the facility would be located at Jackson Avenue or another location. Mayor Randels responded that the city, at this time, has no right to act on anything due to the clauses in the charter. Ms. Roberts asked about an all in one services complex as part of the campus idea. Mayor Pro Tem Hoog stated that if the referendum occurs and the city provides a fire station, should the fire department then dissolve, the city could purchase the Jackson Avenue property at appraised value. Ms. Roberts asked about a joint use facility with the Port Authority rather than asking the electorate. Mayor Randels replied that if the city built at the Port on leased land, the city would not maintain ownership. Mr. Osbourne asked if there was anything protecting the historical monument markers on the Jackson Avenue building? City Council assured Mr. Osbourne that these monuments would be preserved. Attorney Garganese responded to Ms. Bea McNeely that the charter changes become effective immediately following the approval of the electorate. A motion was made by Mr. Bruns and seconded by Mr. Nicholas to Approve Ordinance No. 12-2006, at first reading. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. DISCUSSION: 11. Land Development Fees. Mr. Todd Morley, Building Official, explained that the City of Rockledge conducted a survey of 13 cities regarding land development fees. The study indicated that the city has the lowest fees in 10 of the 13 categories. Mr. Morley recommended that City Council consider raising these fees to the highest end of each category based upon his analysis report. He reviewed an example of a single request for a special exception costing $1,400 and noted that the city currently charges only $250. Mr. Morley also included examples of a small-scale comprehensive plan amendment, variances, re -zoning requests, and site plan reviews. Mr. Morley encouraged council to establish fees for easement vacations and vacations of right of ways. He completed four example analyses to show the amount of money the City is losing. Mayor Pro Tem Hoog agreed that the City's fees were low. Mr. Bruns requested the Building Official submit a proposed flat fee for each application based on the research and analysis. Mr. Morley expressed that the fee change will ultimately save taxpayer money. Mayor Pro Tem Hoog voiced uncertainty about implementing the high end costs and suggested a midpoint cost range. He noted that some of the figures appeared high. Mr. Morley responded to Mayor Pro Tem Hoog that the city creates some savings due to being small and efficient. Mr. Morley continued that the city will continue losing money City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 8 of 10 even charging the rates at the high end. Council agreed to have staff propose a revised fee schedule and submit to City Council for review. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to approve an Add on Item to Schedule a Special Meeting. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. A motion was made by Mr. Nicholas and seconded by Mr. Bruns to conduct a Special Meeting on August 29, 2006 at 5:30 p.m. to consider first reading of Ordinance 12-2006. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher reported that Save Brevard has initiated the review of ballot questions which severely impact municipalities. The League of Cities voted to retain outside counsel to represent all the cities in the county. Mr. Boucher stated that a meeting is set for Wednesday, August 23, 2006 at 1 PM and requested a city representative. City Council recommended Mayor Pro Tem Hoog to represent the city. This will be a joint meeting with all city and county commission to discuss the two ballot questions. Mr. Boucher continued that Commissioner Colon submitted two amended ballot questions to the panel and the cities are questioning whether they have the authority. Each city has been asked to allocate $5,000 towards the legal defense fund. Mr. Boucher further stated that charter counties are affecting legislature through ballot questions and attempting to seize local services from the cities. Mr. Boucher reported that the attorney stated this as a statewide issue and often the counties undermine local self municipal government. Attorney Garganese submitted that uniform levels of service for everyone is not a good idea. He further stated that each city has different levels of service and he questions the wisdom of setting uniform levels of service standards for everything county -wide. A motion was made by Mr. Bruns and seconded by Mr. Nicholas for an add-on item to consider allocating monies to the Space Coast League of Cities for a legal defense fund. The motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to pledge $5,000 to the Space Coast League of Cities for legal counsel in representation of the cities home rule. The motion carried 4-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 9 of 10 follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For and Mayor Randels, For. • Mr. Boucher reported that the Planning & Zoning board will discuss special exceptions in M-1 zoning at their August 23rd meeting. Mr. Boucher asked if City Council had any guidance for the board members. Mayor Randels replied that the moratorium was requested in order for the Planning & Zoning Board to have time to study and evaluate the situation. Mr. Boucher stated that the Board requests why this moratorium is on their agenda. Mayor Randels replied that the citizens approached City Council and asked for help. Once the issue was off the board's agenda, the moratorium action was taken. Mr. Harry Pearson, Planning & Zoning Board, questioned that the issue was really about a tank farm not "liquefied petroleum". He continued that the board has not even reviewed the request at a formal meeting, but the proposal submitted talks of liquefied petroleum not a tank farm. Mr. Pearson stated that City Council should not ask for a moratorium on something that isn't even discussed. Mr. Donald Dunn, Planning & Zoning Board, stated that the resident had asked that the special exception be rescinded which is not a moratorium. Mr. Boucher reported that the health insurance bids came in and Health First and United Health Care show there will be a savings. Mr. Boucher passed out order forms for "Bury FPL lines", a program from south Florida to set up a legal fund to entice Florida Power and Light to bury their power lines. • Mr. Boucher reported the passing of Mr. Petsos' Father and he would let Council know the arrangements. 2. Staff • Mr. Morley reported on the new construction transportation impact fees effective October 14, 2006 for single family homes. Mr. Boucher noted that this was another county imposed charter rule. AUDIENCE TO BE HEARD: Resident Ray Osbourne requested placement on the next agenda regarding mixed used development explaining it as an advantage for property owners. Mayor Randels stated that this item would advance to the Planning & Zoning Board first. A citizen asked if there was a fire ordinance regarding Coastal Fuels. Mr. Boucher responded that fire department staff would be available at the meeting for questions. Resident Shannon Roberts asked the status of Ron Jon's and the Department of Community Affairs. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2006 Page 10 of 10 3. City Council • Mr. Nicholas inquired about Waste Management and requested the smaller containers for particular properties. • Mayor Pro Tem Hoog reported on the Florida League of Cities Conference. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:40 P.M. Rocky Randels, MAYOR Virginia Haas, ASSISTANT CITY CLERK Meeting Type: Regular Meeting Date: 09-05-06 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-30, APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-30, appointing Jack Childs as an alternate member of the Board of Adjustment. Summary Explanation & Background: His term will expire on 10-01-2007. I recommend approval. Exhibits Attached: Resolution No. 2006-30 1-1 City Mana fice Department LEGISLATIVE cape-nt\cape\mydocuments\admin\council\meeting\2006\09-05-06\2006-30.doc RESOLUTION NO. 2006-30 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT 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 Ordinance No. 11-2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Jack Childs is hereby appointed as an alternate member of the Board of Adjustment of the City of Cape Canaveral, Florida, with term to expire on October 1, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 5th day of September, 2006. ATTEST: Rocky Randels, MAYOR Burt Bruns Susan Stills, CITY CLERK Bob Hoog Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY FOR AGAINST City of Cape Canaveral CITY OF CAPE CANAVERAL Date: August 4, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Earl McMillin, Chairperson, Board of Adjustment Re: Recommendation to City Council Regarding Appointment of a 1 st Alternate Board Member Jack Childs ------------------------------------------------------------------------------------------------------------ The Board of Adjustment interviewed applicant Jack Childs to fill the 1 st Alternate Board member opening at the meeting held on July 31, 2006. The Board unanimously recommended that City Council appoint Jack Childs as the 1 st Alternate. Please schedule this member appointment on an upcoming meeting agenda. 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 Meeting Type: Board of Adjustment Meeting Meeting Date: 7/31/06 AGENDA REPORT BOARD OF ADJUSTMENT THE CITY OF CAPE CANAVERAL AGENDA Heading Interview Item No. #2 SUBJECT: Interview with Mr. Jack C. Childs, who desires to be appointed to the Board of Adjustment. DEPT./DIVISION: Building Department Requested Action: Interview and Recommend to the City Council as whether Jack C. Childs is a potential candidate to sit on the Board of Adjustment. Summary Explanation & Background: Jack C. Childs is a resident of the City. Mr. Childs has stated that he would like to volunteer to sit on the Board of Adjust as his number 1 choice. Exhibits Attached: Application City Planner's Office Department: Building Department rY OF CAPE CANAVERAL MENT TO CITY ADVISORY BOARD OR COMMITTEE Section 2-171, Cape Canaveral Cade 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: jz )l)� /SL-, / C� 3. Home Telephone: ,� % 9 Y 0� 4. Occupation: _ l �` l �' `��� /� t�9 l��i!"l C3' �f /~ �C�y,'j�•�'<''�f 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 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? 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. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: m (N) (y) (N) y/ $• City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (l� f' (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) - 6b. If yes to 6a, please provide name(s) of person(s),�Ind relationship to you: C. INTERESTSJEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. Briefly state any prior experiences in serving on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, en ineer contractor, etc.) that you feel helpto qualify 9 general q ify you far membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a• Beautification Board b• Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f• Construction Board of Adjustment and Appeals* 9- Library Board h• Planning and Zoning Board* i. Recreation Board j• Other. *Members of these boards are required to Complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July i of each year fallowing 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 of State disclosing race, gender and physical disabilities of board and mm ttee members Please check the appropriate boxes: RACE GENDER African-American_ Male Asian -American Female Hispanic-AmericanNot Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 8610-1221. Signature: --- � � � �,- , �-C- � 4 -a Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Meeting Type: Regular Meeting Date: 09-05-06 AGENDA Heading Consent Item 3 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 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 City Mana rVffice Department STORMWATER UTILITY \kim\mydoument dmin\counciil\m n \2006\09-05-06\usaservice.doc Memo To: Bennett Boucher, City Manager Through: Ed Gardulski, Public Works Director From: Jeff Ratliff, Stormwater Administrator Date: August 25, 2006 Re: Agenda item for September 5, 2006 Renewal of Street Sweeping Contract with USA Services of Florida, Inc. The Public Works Department is requesting approval of a one-year renewal of the City's Street Sweeping Services Contract with USA Services of Florida, Inc. (USA). The initial three-year period for the contract has expired — the contract allows for two one-year extensions if the contract services provided by USA are adequate — this is the second of the one-year extensions. The work is performed under a joint contract with the City of Cocoa Beach. There is no proposed increase in fees from USA for the upcoming year beginning October 1, 2006. The service fees are $692.02 per month (total annual amount of $8,304.24). The City has budgeted $9,450 for these services in FY2006-2007 under System Maintenance (4610) - Stormwater Fund. Recommend: City Council approval of an additional one-year extension to the street sweeping contract in the amount of $8,304.24 with USA Services of Florida, Inc. 0 Page 1 AMENDMENT 2 to CITIES OF COCOA BEACH & CAPE CANAVERAL STREETSWEEPING CONTRACT Dated: August 24, 2006 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, Inc., 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 another one (1) year term until September 30, 2007. 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, 2006 and this Contract shall continue for a period of one (1) year through September 30, 2007, unless either party chooses to exercise its rights under Article 27 - Termination. The maximum term for this Contract shall be five (5) years with a final Contract expiration of September 30, 2007. C:ADocuments and SettingAstotmwaterAMy Documents\Streetsweeping Contract 2006 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: By: Susan Stills, City Clerk Date: Witness: CITY OF COCOA BEACH, FLORIDA a Florida Municipal Corporation By: Charles Billias, City Manager Date: CITY OF CAPE CANAVERAL, FLORIDA a Florida Municipal Corporation By: Rocky Randels, Mayor Date: USA SERVICES OF FLORIDA, INC., a Florida Corporation By: Eric A. Seidelman its President Print Name: Date: Date: C:ADocuments and Settings\mormwaterAMy Documents\Strectsweeping Contract 2006 Amendment 2.doc Meeting Type: Regular Meeting Date: 09-05-06 AGENDA Heading Considerations Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY TREASURER'S REPORT AND BUDGET TRANSFERS FOR THE PERIOD ENDING 06/30/06 DEPT/DIVISION: FINANCE Requested Action: City Council review and consider approval of the quarterly treasurer's report and budget transfers for the period ending 06-30-06, as presented by the city treasurer. Summary Explanation & Background: See attached report. City Manager recommends approval. Exhibits Attached: Treasurer's report City M Office Department FINANCE r cape-nt\kim\mydocuments\admin\council\meeting\2006\09-05-06\budget.doc MEMORANDUM DATE: August 10, 2006 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 2005/2006, Quarter Ended 6/30/2006 Revenues We are coming towards the end of the fiscal year. One final quarter is left to finish up the activities planned through our budget. With Cash Forward removed and no adjustment for timing, we are at 78% of revenue collection. When taking into consideration the timing issue, the target collection is somewhere between an 8 month collection of 67% and a 7 month collection of 58%. This puts us well within targeted numbers. A few revenue accounts are being adjusted as follows: Ad Valorem for both the Police and Fire services have been increased to recognize the increased taxable value of the City properties. The Library and Beautification Fund Ad Valorems were not adjusted at this time due to materiality issues. Building Permits and Fire Inspection Fees are again reduced to reflect current collections. This downward trend has been seen throughout the year and is expected to level off with the coming fiscal year. Fines and Forfeiture collections seem to have turned around a modest amount resulting in a small increase in projected revenue. This increase can be attributed to the increased rates, put in place when the new system was initiated, but not realized until recently. Refund of Prior Year Expense is increased due to a variety of items, including a Sheriff Contract refund and the reimbursement of Legal Fees. Grants & Donations - Other Sources reflects a revenue from the Sea Turtle Lighting Grant. These funds have been forwarded to Florida Power & Light. We are still waiting for action on their part. Hopefully we will see improvements before next turtle season. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Most operating expenses for each department have a target percentage expenditure of approximately 67%. This is slightly lower than the 75% of the year due to the timing of payments. Equipment Maintenance and Motor Fuel are increased in the Building Department to offset increases in both cost and usage. Code Enforcement has requested an increase in Legal Services, to provide the legal backing required to provide for enforcement of City Ordinances. Building & Grounds Maintenance is increased in Parks & Recreation to provide the funding to correct the moisture issues in the main recreation building. Capital Purchases are also increased to remove & replace part of the chain link fence installed at Cape View Park. Professional Services within the Legal department have been increased to cover the unexpected activity for this fiscal year. Specialized Legal Services have been reduced to provide a portion of the increase. Funding was added to the Commercial Development Board for the recent survey, done by UCF. Special Pay, a holding account and Grant Writing Services have been reduced to provide a portion of the required funds for the increases above. The balance is taken from Contingency. This year reserves were utilized to provide the target $10,000 in Police Education, as listed in our contract. The increase in Cash Forward will deplete the majority of reserves and adjustments are expected in the future allocations made from this revenue source. Cash Forward in the Beautification Fund is increased to provide the Ridgewood Landscaping Project survey/engineering. In the Sewer Fund an increase in Cash Forward and a reduction in Collection System Improvement will offset the increased expenditures in Engineering Fees and Contract Services. These increases are required to instigate the Sewer Rate Study and provide the engineering needed to renew the City's Treatment Facility FDEP Permit. Temporary labor support has been put in place to collect electronic GIS field data, inspect the stormwater infrastructure and transfer the acquired data to the computerized database mapping program, prompting an increase in Contractual Services. Capital Equipment was increased to purchase a manual sand bagger in preparation for the upcoming hurricane season. A reduction in System Maintenance has been made to offset these expenditures in the Stormwater Fund. This completes the requested Budget Amendments for the third quarter of the fiscal year 2005/2006. 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 6/30/2006 Line Item Account Name 3/31/2006 Budget Balance Requested Budget Amend. Adjusted Budget Balance Um General Fund Revenue 001-311.1110 Ad Valorem Tax - Police Service 1,527,635 28,000 1,555,635 001-311.1120 Ad Valorem Tax - Fire Rescue 997,559 18,000 1,015,559 001-322.1000 Building Permits 227,195 (67,765) 159,430 001-329.2000 Fire Inspection Fees 22,720 (7,285) 15,435 001-351.1000 Fines & Fortfeitures 14,000 5,000 19,000 001-369.3000 Refund of Prior Year Exp. 1,500 12,000 13,500 001-389.4000 Grants & Donations - 7,100 7,100 Amended General Fund Revenue (4,950) Building Department 001-6-524.4620 Equipment Maintenance 2,028 2,000 4,028 001-6-524.5240 Motor Fuel 1,350 600 1,950 Amended Building Dept. Expenditures 2,600 Code Enforcement 001-9-529.3400 Legal Services 14,272 7,160 21,432 Amended Code Enforcement Expenditures 7,160 Recreation Department 001-11-572.4610 Building & Grounds Maintenance 3,400 10,000 13,400 001-11-572.6400 Capital Purchases 9,000 1,900 10,900 Amended Recreational Dept Expenditures 11,900 Legal Services 001-13-514.3100 Professional Services 50,000 17,800 67,800 001-13-514.3120 Specialized Legal Services 10,000 (5,000) 5,000 Amended Legal Expenditures 12,800 Commercial Development Board 001-16-515.3400 Professional Services - 12,000 12,000 Amended Commercial Dev. Expenditures 12,000 Non -Departmental 001-17-901.1400 Special Pay 10,000 (10,000) - 001-17-901.3112 Grant Writing Services 5,000 (5,000) - 001-17-901.9900 Contingency 51,737 (36,410) 15,327 Amended Non -Departmental Expenditures (51,410) City of Cape Canaveral Budget Transfers for the Quarter Ended 6/30/2006 3/31/2006 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Amended General Fund Revenues (4,950) Expenditures 101-27-521.8100 Education and Training 3,565 6,435 10,000 Amended Police Education Fund Expenditures 6,435 Revenues 105-301.1000 Cash Forward 281,815 28,500 310,315 Amended Beautification Fund Revenues 28,500 Revenues 401-300.1000 Cash Forward Amended Capital Expansion Fund Revenues Expenditures 401-10-535.3130 Engineering Fees 401-10-535.3400 Contract Services 401-19-901.6310 Collection System Improvements Amended Sewer Enterprise Fund Expenditures 37,600 37,600 273,642 37,600 311,242 32,550 24,830 57,380 27,110 37,600 64,710 125,000 (24,830) 100,170 City of Cape Canaveral Budget Transfers for the Quarter Ended 6/30/2006 3/31/2006 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Expenditures 403-18-538.3400 Contractural Services 2,000 11,900 13,900 403-18-538.4610 System Maintenance 86,600 (13,020) 73,580 403-18-538.6400 Capital Equipment 35,600 1,120 36,720 Amended Stormwater Enterprise Fund Expenditures - Meeting Type: Regular Meeting Date: 09-05-06 AGENDA REPORT AGENDA Heading Considerations Item 5 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CONTRACT FOR AUDIT SERVICES WITH MCGLADREY & PULLEN DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the proposed audit service contract with McGladrey & Pullen, Certified Public Accountants, as recommended by the city treasurer. Summary Explanation & Background: The audit contact cost for the 09-30-06 fiscal year is $33,750, with an option to renew for each of four subsequent fiscal years. I recommend approval. Exhibits Attached: Audit Contract City Ma s ffice Department ADMINISTRATION/FINANCE •�. ,luyuu u,<<4 C111 Y\a(II[LL11\CU \meeLi ZUUbWu 1-u5-ub\auaIt. doc McGladrey&Pullen Certified Public Accountants August 23, 2006 Cape Canaveral City Council City Hall 105 Polk Avenue Cape Canaveral, FL 32920 Attention: Bennett Boucher, City Manager This letter is to explain our understanding of the arrangements for the services we are to perform for the City of Cape Canaveral, Florida (the "City") for the year ending September 30, 2006 with the option to renew for each of the four subsequent fiscal years. We ask that you either confirm or amend this understanding. We will perform an audit of the City's governmental activities, business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison of the general fund and each major governmental fund as of and for the year ending September 30, 2006 which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in accordance with accounting principles generally accepted in the United States of America. The objective of an audit of financial statements is to express an opinion on those statements. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: 1. Combining and individual non -major fund financial statements and schedules. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory section. 2. Statistical section. We will conduct the audit in accordance with auditing standards generally accepted in the United States of America and "Government Auditing Standards" issued by the Comptroller General of the United States. Those standards, require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. As a result, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit will provide a reasonable basis for our reports. In addition to our reports on the City's financial statements, we will also issue the following reports or types of reports: Reports on internal control related to the financial statements. These reports will describe the scope of testing of internal control and the results of our tests of internal controls. City of Cape Canaveral, Florida August 23, 2006 Page Two Reports on compliance with laws, regulations, and the provision of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial. A letter to management of any non -reportable conditions and immaterial instances of non-compliance found during the audit. This letter will include our recommendations to remediate weaknesses noted during our study and evaluation of the City's system of internal control to the extent considered necessary to evaluate the system as required by generally accepted auditing standards and Section 11.45(3)(a)(4), Florida Statutes and defined in Rule 10.554(1)(F), Rules of the Auditor General. The funds that you have told us are maintained by the City and that are to be included as part of our audit are listed in Attachment A. The federal and state financial assistance programs that you have told us that the City participates in and that are to be included as part of the audit are listed in Attachment B. Our report(s) on internal control will include any reportable conditions and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards identified above. Our report on compliance will address material errors, fraud; violations of compliance requirements, and other responsibilities imposed by state and federal statutes and regulations and assumed by contracts; and any state or federal grant, entitlement of loan program questioned costs of which we become aware, consistent with requirements of the standards identified above. If circumstances arise relating to the conditions of your records, the availability of sufficient, competent evidential matter, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, misappropriation of assets, or noncompliance which in our professional judgment prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion or issue a report, or withdrawal from the engagement. As you know, management is responsible for 1) the preparation of the City's financial statements, 2) establishing and maintaining effective internal control over financial reporting and safeguarding assets and internal control over compliance, including monitoring ongoing activities, and for informing us of all significant deficiencies in the design or operation of such controls of which it has knowledge, 3) properly recording transactions in the records, 4) identifying and ensuring that the City complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations, 5) the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control and others where the fraud could have a material effect on the financial statements, 6) informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, regulators, or others, 7) making all financial records and related information available to us, 8) for adjusting the financial statements to correct material misstatements and 9) report distribution including submitting the reporting packages. At the conclusion of our audit, we will request certain written representations from management about the financial statements and matters related thereto. We will also require that you affirm to us that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The City Council is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud affecting the entity. We will also determine that certain matters related to the conduct of the audit are communicated to the City Council including 1) fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements, 2) illegal acts that come to our attention (unless they are clearly inconsequential), 3) disagreements with management and other serious difficulties encountered in performing the audit, and 4) various matters related to the entity's accounting policies and financial statements. City of Cape Canaveral, Florida August 23, 2006 Page Three The City hereby indemnifies McGladrey & Pullen, LLP ("M&P") and its partners, principals, and employees and holds them harmless from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management, regardless of whether such person was acting in the City's interest. This indemnification will survive termination of this letter. You have informed us that you intend to prepare a comprehensive annual financial report (CAFR) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting Program. Our participation in the preparation of the CAFR is to consist of assisting the City in the drafting of the financial statements and reproduction and binding of the final report document. The working papers for this engagement are the property of M&P. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit working papers upon their request; and that we shall maintain the working papers for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of M&P audit personnel and at a location designated by our Firm. The two overarching principles of the independence standards of the "Government Auditing Standards" issued by the Comptroller General of the United States provide that management is responsible for the substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed judgment on the results of the services described above. Accordingly, the City agrees to the following: Andrea Bowers, City Treasurer, will be accountable and responsible for overseeing the preparation of the draft of your financial statements and related notes. The City will establish and monitor the performance of the preparation of the financial statements and related notes to ensure that they meet management's objectives. The City will make any decisions that involve management functions related to the preparation of the financial statements and related notes and accepts full responsibility for such decisions. The City will evaluate the adequacy of services performed and any findings that result. During the course of our engagement, we may accumulate records containing data which should be reflected in your books and records. You will determine that all such data, if necessary, will be so reflected. Accordingly, you will not expect us to maintain copies of such records in our possession. From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third -party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. The assistance to be supplied by organization personnel, including the preparation of schedules and analyses of accounts is listed on Attachment C. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Our fees are based on the time required by the individuals assigned to the engagement, plus direct expenses. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter will not exceed $33,750 plus direct expenses for fiscal year ending September 30, 2006, unless the scope of the engagement is changed, the assistance which the City has agreed to furnish is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment. The schedule of fees for the optional renewal years will be based on the estimated hours included in the fee quote above as adjusted for any significant changes in level of funding or services and an agreed-upon cost -of -living multiplier. City of Cape Canaveral, Florida August 23, 2006 Page Four Our professional standards require that we perform certain additional procedures, on current and previous years engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client. Accordingly, the City agrees it will compensate M&P for any additional costs incurred as a result of the employment of a partner or professional employee of M&P. In the event we are requested or authorized by the City or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagements for the City, the City will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. Professional standards and our Firm policies require that we perform certain additional procedures whenever our reports are included, or we are named as accountants, auditors, or "experts" in a document used in a public offering of debt securities. Our report on the financial statements is not to be included in an official statement or other document involved with the sale of debt instruments without our prior consent. Additionally, if you intend to publish or otherwise reproduce the financial statements and/or make reference to us or our audit, you agree to provide us with printer's proofs or master for our review and consent before reproduction and/or release occurs. You also agree to provide us with a copy of the final reproduced material for our consent before it is distributed or released. Our fees for any additional services that may be required under our quality assurance system as a result of the above will be established with you at the time such services are determined to be necessary. Any claim arising out of services rendered pursuant to this agreement shall be resolved in accordance with the laws of the State of Florida. It is agreed by the City and M&P or any successors in interest that no claim arising out of services rendered pursuant to this agreement by or on behalf of the City shall be asserted more than two years after the date of the last audit report issued by M&P. This letter constitutes the complete and exclusive statement of agreement between M&P and the City, superseding all proposals oral or written and all other communication, with respect to the terms of the engagement between the parties. In accordance with Government Auditing Standards, a copy of our most recent peer review report and applicable letter of comment has been provided to you, for your information. If this letter defines the arrangements as you understand them, please sign and date the enclosed copy, and return it to us. We appreciate your business. McGladrey & Pullen, LLP Confirmed on behalf of the addressee: cc: City Council Auditor Selection Committee Attachment A General Fund Special Revenue Funds 1. Police Education Fund 2. Fire Protection Fund 3. Library Fund 4. Beautification Fund Debt Service Funds 1. General Debt Service Fund Capital Project Funds 1. Capital Expansion Fund Enterprise Funds 1. Sewer Fund 2. Stormwater Fund Fiduciary Funds 1. Special Law Enforcement Trust Fund 2. Pension Trust Fund Attachment B U.S. Department of Justice ■ COPS Grant Federal Emergency Management Agency ■ Disaster Relief Funds Florida Department of Environmental Protection ■ Banana River Park ■ 309(h) Pollution Program / Baffle Boxes St. Johns River Water Management District ■ Reuse Project Attachment C Statements and Schedules to be Prepared by the Staff: • Physical Inventory • Bank Confirmations • Investment Confirmations • Revenue Confirmations • Debt Compliance • Accrued Payroll Summary • Accounts Receivable Accruals • Bank Reconciliation Summaries • Investment Reconciliation Summary • Accounts Payable Accruals • Fixed Asset Schedules • 941 Payroll Reconciliations • Compensated Absence Schedules • Fixed Asset Schedules • Contracts & Grants Schedules • Various Compliance documentation Meeting Type: Regular Meeting Date: 09-05-06 AGENDA REPORT AGENDA Heading Considerations Item 6 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RIDGEWOOD AVENUE BEAUTIFICATION DESIGN PROPOSAL DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: Public Works Director requests approval for Tasks 1 and 2 of design plan. Stottler, Stagg & Associates and Brad Smith Associates will make a subsequent report to the council to note any necessary changes following the 30 % design phase. Summary Explanation & Background: Approval recommended. Exhibits Attached: Public Works Director's memo dated 08-23-06; Service Agreement between Green Blades and the City City Mana •' Office Department PUBLIC WORKS/STREETS cuuli--, eeung�2 roguy-V5-ub\riagewooa.aoc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: August 23, 2006 SUBJECT: City Council Agenda Item for September 5th, 2006 Ridgewood Avenue Beautification Design Proposal Green Blades of Central Florida, Inc. is located in Summerfield, Florida. The Firm has the necessary resources to provide the City of Cape Canaveral continuous professional services. In addition, the firm has teamed with the Landscape Architect firm of Brad Smith & Associates. On December 6, 2005 City Council approved a contract agreement for Continuing Landscaping and Maintenance Services As part of the City of Cape Canaveral's Goals and Objectives, it is the City's desire to improve the beautification of Ridgewood Avenue within the City Limits. On February 7, 2006 Green Blades of Central Florida and Brad Smith & Associates presented a workshop presentation to City Council. As the result of the workshop meeting, Green Blades of Central Florida provided a proposal for professional services for the beautification of Ridgewood Avenue. In summary, the proposal is divided in the following three phases: the Planning Phase, the Conceptual Design Phase and the Graphic Phase. All three phases will include public meetings. On August 15, 2006 Brad Smith presented to the City Council the final Conceptual Phase of the Project. . Attached is a proposal from Green Blades of Central Florida for additional services for the following four (4) Tasks of the project: Task 1 - The Project Planning Phase Task 2 - The 30% Design Phase Task 3 - Final Construction Documents Phase Task 4 - The Construction Phase Staff recommends that the City of Cape Canaveral move forward with Task 1 and Task 2. In addition, the City's Engineer (SSA) is providing engineering services approved by City Council. Recommend approval of Task 1 and Task 2 for Professional Services from Green Blades of Central Florida for the Beautification of Ridgewood Avenue in the amount of $37,870. AGREEMENT FOR PROFESSIONAL SERVICES Between GreenBlades of Central Florida, Inc. 11025 S.E. Hwy. 42 Summerfield, Florida 34419 (hereinafter referred to as CONTRACTOR) And The City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920-0326 (hereinafter referred to as CITY) 21 August 2006 PROJECT NAME AND LOCATION: Construction Documents Ridgewood Ave. Beautification Project (from Johnson Ave. to Chandler St.) Cape Canaveral, Florida SCOPE OF BASIC SERVICES: PROJECT PLANNING PHASE: Task 1 Coordinate with Stottler Stagg and Associates, Inc. (SSA), working under separate Agreement with the City of Cape Canaveral (CITY), regarding survey requirements, civil engineering considerations, and other such project matters. Address potential deviations from the approved preliminary design study, which may be required due to the results of the surrey information collected. Attend project kick-off meeting with CITY staff, Brad Smith Associates, Inc., and SSA. 30% DESIGN PHASE: Task 2 On the basis of the approved preliminary design study prepared under separate agreement, and any deviations discovered to be required due to survey data (and approved by CITY staff), prepare preliminary (30%) construction documents, using specific site survey data provided by SSA. Compile a preliminary opinion of probable construction costs based on the 30% design. Agreement -1 FINAL CONSTRUCTION DOCUMENTS PHASE: Task 3 On the basis of the approved 30% design drawings, prepare final construction drawings, incorporating review comments received from the CITY at the 30% design review: 1. Final landscape drawings shall include plant schedule with botanical and common names and plant size specifications. 2. Irrigation design shall be prepared to provide 100% automatic coverage to all landscaped areas, taking into account the proposed plant material watering requirements, and soil conditions. 3. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 4. Final hardscape drawings shall depict decorative paving patterns and materials, the architectural appearance scheme of the wall and entry features and shall indicate grading relative to a fixed point of reference such as top of curb, layout and dimensioning. 5. Site furnishings drawings shall indicate proposed site furnishings by type and location. 6. Site lighting drawings shall indicate proposed site lighting fixture locations and types. Electrical engineering will be by SSA under separate agreement with the CITY. Compile a preliminary opinion of probable construction costs based on the final construction documents. CONSTRUCTION PHASE: Task 4 The CITY recognizes that construction review is a vital element of a Landscape Architect's complete service, provided to minimize problems during construction. Should the CITY for any reason not retain the Landscape Architect (Brad Smith Associates, Inc.) to review construction, the CITY waives any claim against the CONTRACTOR and the Landscape Architect, and agrees to indemnify, defend and hold the CONTRACTOR and the Landscape Architect harmless from any claim or liability for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by the Landscape Architect. Upon authorization by the CITY, provide any or all of the optional hourly services listed below: Installation observation by the Landscape Architect on an intermittent basis not to exceed a total of eight (8) site visits as requested by CITY to observe work progress and to determine if the construction is proceeding in general accordance with the contract documents. Agreement - 2 Review and approve: A. Shop drawings and samples. B. Results of tests and inspections. C. Other data which the contractor or subcontractors are required to submit. Prepare field reports for each site visit. Project close out shall begin upon notice from the CONTRACTOR that his work, which is believed to be acceptable to the CITY, is substantially complete and in general accordance with the contract documents. At this point in time, the Landscape Architect shall conduct a walk-through with the CONTRACTOR AND CITY's representative to verify that the work conforms to the contract documents, and to establish a "punch list" of items to be completed or corrected. Upon notice by the CONTRACTOR that the "punch list" has been completed, and that the work is ready for final inspection and acceptance, the Landscape Architect shall conduct a walk-through to verify "punch list" completion for final acceptance of the work by the CITY. Visits for the purpose of project close out as described above, are included in the eight (8) site visits indicated above. MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off" meeting with CITY to review project direction and any required deviations due to survey findings. Project schedule shall also be discussed during this meeting. 2. Meeting #2: Project coordination meeting with, City Manager, Public Works Director and Brad Smith Associates, Inc. in preparation for the CITY Council meeting. 3. Meeting #3: Presentation meeting to the City Council. 4. Meeting #4: Project coordination meeting with CITY Manager, Public Works Director and Brad Smith Associates to review the 30% Design Phase work. Comments will be received, and authorization will be provided for the CONTRACTOR to direct the landscape architect to proceed with the final construction documents (incorporating the CITY's review). 5. Meeting #5: Project coordination meeting with City Manager, Public Works Director and Brad Smith Associates to review the Final Construction Documents Phase work. It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. Agreement - 3 FEE ARRANGEMENT: The CITY agrees to pay the CONTRACTOR for professional services as follows: A lump sum of Ninety Five Thousand Forty Five Dollars ($95,045.00), payable as follows: Task 1 - Planning Phase (Meetings 1,2,3) .........................................$11,935.00 Task 2 - 30% Design Phase (Meeting 4) ............................................$25,935.00 Task 3 - Final Construction Documents Phase (Meeting 5) ...............$46,175.00 Task 4 - Construction Phase...................................................................$9,900.00 Reimbursable Expenses (allowance)...................................................... $1,100.00 Total Fixed Fee Amount $95,045.00 Invoices for the Contractor's services shall be submitted on a monthly basis for percentage of completion. SPECIFIC ASSUMPTIONS: CONTRACTOR represents to the CITY that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the CITY to the CONTRACTOR. Assumptions not already mentioned herein are as follows: 1. Survey information will be provided by SSA. 2. SSA will be responsible for all project engineering matters, including preparation of opinions of probable construction costs for paving, grading, drainage and utilities. 3. CITY and SSA will each appoint a project manager to serve as their representative, providing a single point of contact for all CONTRACTOR communications, and fully authorized to provide the CONTRACTOR with approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONTRACTOR. 2. Changes in design concept and/or budget subsequent to receiving approvals at the 30% Design Phase. Agreement - 4 Offered by: (signature) Accepted by: (signature) (printed name/title) (name of firm) (date accepted) Agreement - 5 Meeting Type: Regular Meeting Date: 09-05-06 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Ordinances -11 Reading Item No. 7 SUBJECT: ORDINANCE NO. 11-2006, AMENDING CODE SECTION 110-334(C)(10) TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ADJACENT TO AND FRONTING SR AIA DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 11-2006, amending Code Section 110-334 (c) (10) to prohibit special exception residential uses on property that is located adjacent to and has frontage along the AIA highway corridor. Summary Explanation & Background: This proposed ordinance will prohibit residential R-2 development within the C-1 zoning districts adjacent to and fronting AIA. Since this ordinance amends the list of conditional uses in the C-1 zoning district, (2) legal ads are required. I recommend approval at first reading. Exhibits Attached: Ordinance No. 11-2006 City M na r%a ffice Department GROWTH MGMT/P&Z ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ADJACENT TO AND HAS FRONTAGE ALONG THE AlA HIGHWAY CORRIDOR; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council enacted Ordinance 19-2005 on November 1, 2005 imposing a 90 -day moratorium on accepting applications and issuing special exceptions under section 110- 334(c)(10) of the City Code regarding residential uses within the C-1 Commercial Zoning District along the AIA Highway corridor; and WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending the moratorium for sixty (60) days until March 31, 2006; and WHEREAS, the City Council later enacted Ordinance 01-2006 on March 21, 2006 extending the moratorium until September 30, 2006; and WHEREAS, during the moratorium period the City's Business and Cultural Development Board and Planning and Zoning Board conducted a survey of the City's residents, and held public meetings, with regard to what kinds of businesses are desired along the AIA Highway corridor and whether residential uses should be permitted by special exception in C-1 zoning districts; and WHEREAS, on July 26, 2006, the City Council, Planning and Zoning Board, and the Business and Cultural Development Board, by consensus, determined that the City should no longer permit residential uses by special exception in the C-1 zoning district along the A 1 A Highway corridor; and WHEREAS, the City Council hereby finds that reserving the C-1 zoning district for commercial uses along the AIA Highway corridor will promote economic development and attract City of Cape Canaveral Ordinance No. 11-2006 Page 1 of 3 more viable businesses within the City of Cape Canaveral; and WHEREAS, the City Council desires to amend Section 110-334(c)(10) to repeal the residential special exception in the C-1 zoning district for properties adjacent and with frontage along the AIA Highway corridor; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Section 110-334(c)(10), City Code. Section 110-334(c)(10) of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and Mont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 110-334. It is intended that the text in Section 110- 334 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-334. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be permitted for the following: *** (10) Single-family dwellings, two-family dwellings, townhouses mTd or multiple -family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre and such dwellings shall not be permitted on property that is adjacent to and has frontage along the AIA Highway Corridor. See requirements in the R-2 district in division 3 of this article. These requirements apply to residential construction in the C-1 district. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape City of Cape Canaveral Ordinance No. 11-2006 Page 2 of 3 Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15' day of August, 2006. ATTEST: ROCKY RANDELS, Mayor For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 11-2006 Page 3 of 3 NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for first reading of Ordinance No. 11-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, September 5, 2006. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 11-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(C)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ADJACENT TO AND HAS FRONTAGE ALONG THE A1A HIGHWAY CORRIDOR; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered. at this meeting. that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk �ti`,L,S�, S" , S 1 I � `--,, " of-� ) ) - ate 0� Statutes & Constitution :View Statutes :->2006->Ch0166->Section 041 : Online Sunshine Page 1 of 1 2. In cases in which the proposed ordinance changes the actual list of permitted, conditional, or prohibited uses within a zoning category, or changes the actual zoning map designation of a parcel or parcels of land involving 10 contiguous acres or more, the governing body shall provide for public notice and hearings as follows: a. The local governing body shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5 p.m. on a weekday, unless the local governing body, by a majority plus one vote, elects to conduct that hearing at another time of day. The first public hearing shall be held at least 7 days after the day that the first advertisement is published. The second hearing shall be held at least 10 days after the first hearing and shall be advertised at least 5 days prior to the public hearing. b. The required advertisements shall be no less than 2 columns wide by 10 inches long in a standard size or a tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. The advertisement shalt not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shalt be placed in a newspaper of general paid circulation in the municipality and of general interest and readership in the municipality, not one of limited subject matter, pursuant to chapter 50. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the municipality is published less than 5 days a week. The advertisement shall be in substantially the following form: NOTICE OF (TYPE OF) CHANGE The (name of local governmental unit- proposes to adopt the following ordinance: (title of the ordinance) . A public hearing on the ordinance will be held on (date and time at (meeting place) . http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search Strin... 08/31/2006 Meeting Type: Regular Meeting Date: 09-05-06 AGENDA Heading Discussion item 8 No. City Manager's Oice AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: VACATION RENTALS DEPT/DIVISION: LEGISLATIVE Requested Action: Discussion on the enforcement and regulation of vacation rentals. Summary Explanation & Background: Discussion item only; see attached correspondence. Exhibits Atta orres o e, City Manager's Oice Department LEGISLATIVE cape-nt\xim\myaocuments\aamin\council\meeting\2uub\uy-u5-ue\rentals.aoc Bennett Boucher From: Todd Morley [morley-cape@cfl.rr.com] Sent: Tuesday, July 25, 2006 12:13 PM To: 'Bennett Boucher' Subject: RE: vacation rentals Bennett, As I see it, there are four steps being taken: 1. City inspectors will commence compliance inspections on all new resort lodging rentals to verify that they are in full compliance with all applicable provisions of the state building and fire codes. I will have to research - there is likely statutory language permitting/requiring such periodic examination. What I am certain of at this point is that we can do this if the owner consents. 2. 14 Inspectors will contact the Florida Division of Hotels and Restaurants, Department of Business and Professional Regulation, to request their inspection of all public lodging establishments within the single-family residential areas. We can do this. 3. Inspectors will take any lawful means necessary to ensure that all single-family and two-family dwellings utilized as public lodging establishments are not occupied or used until any deficiencies that may threaten the public health, safety and welfare are corrected. Again, we have to get in there first. I believe we could if they are licensed under FS 509. A Place of Lodging is defined as: "An inn, hotel, motel or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor. Resort condominiums are considered to be public lodging establishments pursuant to FS 509.242 4. Code officers will review all resort lodging rentals that have been identified based upon complaints from local residents to verify that they are in full compliance with all applicable provisions of the city sign regulations and vehicle use/parking area standards. "Our intent is to ensure that all appropriate state laws are met, that the state agency with inspection authority will ensure full compliance in cooperation with our city building and fire officials, and that we can restore the single-family residential areas to the neighborhoods," City Manager Marty Black said in the news release. This is simply complaint -based reactive code enforcement. Perhaps the City Attorney should weigh in on this. -Todd Todd Morley Building Official City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Phone 321.868.1222 Fax 321.868.1247 www.myflorida.com/cape E-mail: morley-cape _cf1sr.com "Customer Service Above and Beyond" From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Tuesday, July 25, 2006 11:51 AM To: 'Todd Morley' Subject: RE: vacation rentals But can you do what this city is doing? Bennett Boucher City Manager City of Cape Canaveral, FI. Phone 321.868.1230 Fax 321.868.1224 e-mail boucher-cape@cfl.rr.com www.myflorida.com/cape From: Todd Morley [mailto:morley-cape@cfl.rr.com] Sent: Tuesday, July 25, 2006 11:37 AM To: 'Bennett Boucher' Subject: RE: vacation rentals MI - This This is a great idea. When folks perceive they are being held accountable, they will act responsibly. d071 ro 1 Todd Morley Building Official City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Phone 321.868.1222 Fax 321.868.1247 www.myflorida.com/cape E-mail: morley-caoe(Mcf1sr.com "Customer Service Above and Beyond" C From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Tuesday, July 25, 2006 9:22 AM To: 'Todd Morley' Cc: 'Duree Alexander'; 'Anthony Garganese' Subject: vacation rentals Morning Guys, The article below outlines what another city is doing to address the issue, can you do something similar? Party's over for some rentals City officials take action to enforce the rental rules Sarasota Herald -Tribune, 7/23 VENICE -- Responding to concerns that single-family homes in quiet Venice neighborhoods are being used as party rentals, Mayor Fred Hammett announced Friday several new steps that the city will begin immediately. "We have some property owners who have pushed this issue too far and are causing disruption to our small-town ambiance and quality of life," Hammett said in a news release issued by the city. "We recognize that a few individuals are renting property and causing unwelcome activities, we're going to take these steps now and consider what other options we have once the legal reviews are complete." The following actions will begin Monday, the city said: City inspectors will commence compliance inspections on all new resort lodging rentals to verify that they are in full compliance with all applicable provisions of the state building and fire codes. 14 Inspectors will contact the Florida Division of Hotels and Restaurants, Department of Business and Professional Regulation, to request their inspection of all public lodging establishments within the single-family residential areas. Inspectors will take any lawful means necessary to ensure that all single-family and two-family dwellings utilized as public lodging establishments are not occupied or used until any deficiencies that may threaten the public health, safety and welfare are corrected. Code officers will review all resort lodging rentals that have been identified based upon complaints from local residents to verify that they are in full compliance with all applicable provisions of the city sign regulations and vehicle use/parking area standards. "Our intent is to ensure that all appropriate state laws are met, that the state agency with inspection authority will ensure full compliance in cooperation with our city building and fire officials, and that we can restore the single-family residential areas to the neighborhoods," City Manager Marty Black said in the news release. The city addressed the issue after residents in the Golden Beach neighborhood on Venice island complained that, in certain instances, short-term renters create noise, parking and garbage problems. A local businessman called attention to his short-term home rental business by posting signs in the front yards of some of his houses. The signs advertise a Web site that lists more than a dozen Venice island homes, some of which rent for less than a week and are advertised to sleep more than a dozen people. Bennett Boucher City Manager City of Cape Canaveral, FI. Phone 321.868.1230 Fax 321.868.1224 e-mail boucher-cape@cfl.rr.com www.myflorida.com/cape