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Packet 10-18-2005 Regular
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: � of Cape Canaveral REGULAR MEETING 1ALL ANNEX Cape Canaveral, Florida JESDAY Der 18, 2005 ':00 PM AGENDA PRESENTATION: Fall Multi -Family Beautification Award Quarterly Business Recognition Award CONSENT AGENDA: 1. City Council Special Meeting Minutes of September 27, 2005. 2. City Council Regular Meeting Minutes of October 18, 2005. 3. Proclamation for Florida City Government Week. 4. Outdoor Entertainment Permit for the Halloween Street Dance. CONSIDERATIONS: 5. Motion to Approve: Offer on Vacant 3.55 Acre Parcel Located on Astronaut Boulevard. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 2 of 2 ORDINANCES: First Public Hearing: 6. Motion to Approve: Ordinance No. 19-2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 110-334(10) Allowing R-2 Residential within the C-1 Commercial Zoning District Along the A1A Corridor, at First Reading. 7. Motion to Approve: Ordinance No. 20-2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005, at First Reading. 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. FROM " •2005 12:35PM Pi ����� CITY OF CAPE CANAVERAL woRKs Memo To: Barnett Boucher, City Manager Froom Ed Gardulski, Public Works Director e � p� October 10, 2005 ��L_ !!004/40q� Rec Agenda item for Ocher 18 Council Meeting, Fall Muki-Family Beautification Award Presentation The Beautification Board is scheduled to vote at their 10/11105 meeting and select a winner for the Fall Multi -Family Beautification Award. Please place this item on the October 18th meeting. cc. Susan Stills, City Clerk 0 Page 1 To: BENNETT C. BOUCHER, CITY MANAGER From BUSINESS & CULTURAL DEVELOPMENT BOARD Daft: 10/10/2005 Re: AGENDA ITEM FOR OCTOBER 18, 2005 CITY COUNCIL MEETING The Business & Cultural Development Board selected Events To Go to receive the Quarterly Business Recognition Award. The board wishes to present Events To Go with a Key to the City. Please place this presentation on the October 18, 2005 City Council agenda. Respectfully, Beth Foy, Chairperson CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 27, 2005 5:30 P.M. MINUTES Roll Call: The Chair called the meeting to order at 5:30 P.M. Council Members Present: Council Member Mayor Pro Tem Council Member Mayor Burt Bruns Bob Hoog Jim Morgan Rocky Randels Council Members Absent: Council Member Others Present: City Manager City Clerk City Treasurer Building Official Public Works Director CCVFD, Fire Chief Commander Buzz Petsos Bennett Boucher Susan Stills Andrea Bowers Todd Morley Ed Gardulski Dave Sargeant Doug Scragg Mayor Randels noted a revision to the Agenda to state that the Law Enforcement Services Agreement was a Contract and not an Addendum. Mayor Randels asked if the Special Budget Hearing Minutes of September 7th needed approval. The City Clerk affirmed. A motion was made by Mr. Morgan and seconded by Mr. Bruns to Approve the Special Budget Meeting Minutes of September 7, 2005. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Special Meeting September 27, 2005 Page 2 of 6 RESOLUTION: 1. Resolution No. 2005-31; Adopting the Final Millage for Fiscal Year 2005/2006. Mayor Randels read Resolution 2005-31 in its entirety. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2005/2006 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.000 mills on the dollar of taxable value for the 2005/2006 fiscal year for the City of Cape Canaveral, Florida. This millage is a 11.16% increase from the rolled back rate of 2.6988. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This ad valorem tax City of Cape Canaveral, Florida City Council Special Meeting September 27, 2005 Page 3 of 6 shall be levied upon the 2005 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2005 and ending September 30, 2006. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This ad valorem tax shall be levied upon the 2005 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2005 and ending September 30, 2006. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.0200 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This ad valorem tax shall be levied upon the 2005 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2005 and ending September 30, 2006. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.5620 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This ad valorem tax shall be levied upon the 2005 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2005 and ending September 30, 2006. Section 6. This Resolution shall become effective immediately upon its adoption. City of Cape Canaveral, Florida City Council Special Meeting September 27, 2005 Page 4 of 6 ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 27th day of September, 2005. Mr. Boucher reported that Mr. Petsos was in favor of Resolution No. 2005-31. Mayor Randels recognized a 10.7 percent reduction for the homeowner in Law Enforcement Ad Valorem from and a decrease in 15.4 percent Fire and Emergency Services Ad Valorem. Specifically, the dollar amount reduction in Law Enforcement taxes from $1.75 to $1.56 and the Fire Department decreased millage from 1.2060 to 1.0200 per mill.The Library and Beautification taxes would remain the same. Property taxes would then decrease by 11.08 percent for the average homeowner with a homestead exemption from $358 to $318. Mayor Randels credited both Law Enforcement and Fire and Emergency Services for presenting budgets that allowed for a reduction. Discussion followed on increased property values throughout the State. Mr. Leo Nicholas asked for the total value of assessable property in the City. Mr. Boucher replied approximately $1 billion, 29 million. The previous year's assessable property value was approximately $780 million. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2005-31; Adopting the Final Millage for Fiscal Year 2005/2006. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mayor Randels, For. 2. Resolution No. 2005-32; Authorizing an Addendum to the Agreement for Fire Protection and Emergency Medical Services. Mayor Randels read Resolution No. 2005-32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated the total contract cost as $929,408. The service level was approved during the Budget Workshops and the City Manager recommended approval. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Authorize an Addendum to the Agreement for Fire Protection and Emergency Medical Services. The vote on the motion carried 4-0 with City of Cape Canaveral, Florida City Council Special Meeting September 27, 2005 Page 5 of 6 voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mayor Randels, For. 3. Resolution No. 2005-33; Authorizing an Agreement for Law Enforcement Services. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A CONTRACT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND J.R. "JACK" PARKER, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated the total cost of the contract as $2,277,039 to include the following: increased staffing of a School Resource Officer, a motorcycle unit, and additional desk personnel for after-hours service. Mayor Randels acknowledged that the Agreement dated September 21St was a draft and the final Agreement is dated September 27th in the upper right hand come. The contract duration is three years with authorization for renewals. Mr. Boucher stated that Article 12 relating to Forfeitures would establish settlement distribution for the proceeds from Forfeitures. This would allow the City to define the procedures for forfeiture distribution and is compliant with Florida Statutes 932. Mr. Nicholas asked if the $2,277,000 included Capital Items. Mayor Randels affirmed that it did. Mr. Bruns commented on the effective communication between Law Enforcement and Fire and Emergency Services. Chief Sargeant replied that the Sheriffs Office has installed the Fire tap channel in all of the Law Enforcement vehicles. He stated that the Fire Department has purchased up to 25 VHF radios that would operate between the two services if they should ever the signal at the main communications tower. A motion was made by Mr. Morgan and seconded by Mr. Bruns to Authorize an Agreement for Law Enforcement Services. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mayor Randels, For. ORDINANCE: Second Public Hearing: 4. Ordinance No. 17-2005: Adopting the Annual Budget for Fiscal Year 2005/2006. Mayor Randels read Ordinance No. 17-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL City of Cape Canaveral, Florida City Council Special Meeting September 27, 2005 Page 6 of 6 YEAR BEGINNING OCTOBER 1, 2005, PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. AND ENDING SEPTEMBER 30, 2006; A motion was made by Mr. Bruns and seconded by Mr. Morgan to Adopt the Annual Budget for Fiscal Year 2005/2006. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 5: 58 P.M. Rockey Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 4, 2005 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels (Arrived at 7:25 p.m.) Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Assistant City Clerk Virginia Haas City Planner Todd Peetz Building Official Todd Morley Stormwater Coordinator Jeff Ratliff CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 20, 2005. 2. Resolution No. 2005-34; Reappointing a Regular Member to the Board of Adjustment (B. Laws). 3. Resolution No. 2005-35; Reappointing a Regular Member and Two Alternates to the Library Board (J. Brown, H. Pearson and M. Ernst). 4. Resolution No. 2005-36; Reappointing a Regular Member and Appointing an Alternate Member as a Regular Member to the Recreation Board (C. Trautman and G. Petre). City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 2 of 10 5. One -Year Renewal of the Street Sweeping Contract with USA Services of Florida, Inc. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Agenda Items No. 1 through 5. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 12-2005; Amending Chapter 82, Providing for Updates to the Florida Building Code, at second reading. Attorney Garganese read Ordinance No. 12-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS TO THE FLORIDA BUILDING CODE; REPEALING ARTICLES V, VI, VII, Vlll AND X OF CHAPTER 82, RELATING TO ELECTRICAL, PLUMBING, FUEL, GAS, MECHANICAL AND STANDARD BUILDING CODES, RESPECTIVELY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 12-2005 at second reading. The vote on the motion carded 4-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tem Hoog, For; Mr. Morgan, For and Mr. Petsos, For. 7. Motion to Adopt: Ordinance No. 16-2005; Amending Chapter 110, Article VII, Section 110-534, Relating to Special Exceptions in the M-1 Light Industrial and Research and Development District; Providing for Special Exception Criteria for Conveyor Systems; Amending Article IX, Section 110-538 Relating to Encroachments; Allowing Conveyor Belts within Setbacks in the M-1 Light Industrial and Research and Development District By Special Exception, at second reading. Attorney Garganese read Ordinance No. 16-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ARTICLE VII, SECTION 1104SU, OF THE CODE OF ORDINANCES RELATING TO SPECIAL EXCEPTIONS IN THE M4 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; PROVIDING FOR SPECIAL EXCEPTION CRITERIA FOR CONVEYOR SYSTEMS; AMENDING ARTICLE IX, SECTION 110-538, OF THE CODE OF ORDINANCES RELATING TO ENCROACHMENTS; ALLOWING City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 3 of 10 CONVEYOR BELTS WITHIN SETBACKS IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES. Mayor Pro Tem Hoog explained that this Ordinance was reviewed and recommended by the Planning & Zoning Board to the City Council and has been duly advertised. Located on the south side of George King Boulevard, the system would consist of an elevated conveyor belt for the purpose of moving aggregate and other material. Mayor Pro Tem Hoog noted that Mr. Randall May was available to answer any questions. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 16-2005 at second reading. The vote on the motion carried 4-0 with voting as follows: Mr. Bruns, For, Mayor Pro Tem Hoog, For, Mr. Morgan, For; and Mr. Petsos, For. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No 19-2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 110334(10) Allowing R-2 Residential within the C-1 Commercial Zoning District, at first reading. Attorney Garganese read Ordinance No. 19-2005 by Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Hoog noted there have been concerns raised over residential development in commercial districts. Mr. Petsos pointed out that the moratorium ordinance would cover only the SR AIIA corridor and should it also cover N. Atlantic Avenue, he would not support the ordinance. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 4 of 10 Mr. Todd Peetz, City Planner, explained how the commercial areas have evolved over time and noted that 310 Parcels are currently residential uses in C-1 commercial zoning districts. Mayor Pro Tem Hoog stressed that there was no intention to place this moratorium on N. Atlantic Avenue. Mr. Morgan inquired about a list of property owners who have site plans in progress or vested rights in residential usage. Mr. Peetz responded to Mr. Morgan that there is a special exception application for N. Atlantic Avenue and Carver's Cove on SR A1A has inquired into a special exception however no paperwork has been filed. Mr. Peetz continued that another request for a special exception was north of Holman Road and south of Cape Shores Road, which was filed as a comprehensive plan amendment. Attorney Garganese stated that when a special exception is requested, this does not guarantee it will be granted. He continued saying what should be decided is the application deadline in order to afford property owners the ability to file a special exception. Mr. Morgan noted that the City gives notice to affected property owners and suggested an inquiry into property owners who intend to apply for residential use in C-1 zoning. Attorney Garganese asked if the council wanted to allow these special exceptions while the code is being modified. Attorney Garganese explained that the moratorium is adopted in order to maintain status quo while the City implements the code change. Attorney Garganese noted that the City could allow property owners a period of time to file an exception during the moratorium and stated that the ordinance must return before Council for two advertised meetings. Attorney Garganese added that property owners might also request a rezoning which the City Council would vote upon rather than the Board of Adjustment. Mr. Petsos questioned the City's legal standing regarding previous granting of special exceptions. Attorney Garganese responded that special exceptions are granted on a case-by-case basis. Attorney Garganese replied to Mayor Randels that this was not a first reading on the moratorium ordinance and it should be treated as a discussion item. Mr. Boucher related to Mayor Randels that the moratorium Ordinance has been limited to the SR Al corridor only. Mr. Lamar Russell stated that the Planning and Zoning Board set about in the 1980's to rezone the City. The board was reviewing areas regarding SR Al A and blocks toward Poinsettia Avenue. Council members who owned land in or around these areas and who desired certain residential areas complicated the rezoning. The board at that time compromised, by allowing residential uses in commercial zoning through special exceptions. Mr. Russell stated that a property owner who purchases commercially zoned land does not have vested rights and they would only have a speculation of a special exception being granted for residential use. Mr. Russell continued that the character of the City has changed and special City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 5 of 10 exceptions are only granted provided they are controlled and compatible with surrounding land uses. Mr. Russell urged Council to adopt the moratorium and further to grant no more special exceptions for residential use in commercial zoning districts. Mr. Russell responded to Mr. Bruns that every past special exception before the Planning and Zoning Board had been approved because they were all controlled and compatible. Mr. Russell responded to Mr. Bruns that the Board of Adjustment has denied no special exception. Mayor Randels reviewed the history of the zoning in the City. He noted that initially North Atlantic Avenue was the main artery where the storefront businesses were built. As the city grew, the SR Al A corridor was constructed and this became the main avenue of travel through the city hence the commercial district began displaying on SR Al A. Mr. Don Haynes related the benefits of residential uses such as Cape Gardens. He noted that the Board of Adjustment tends to be non-political and final special exception decisions should remain with that Board. Mr. Haines did not recommend removing the option of special exceptions to allow residential use in commercial zoning districts. Mr. Bruns stated that the City Council is only enacting the moratorium to maintain status quo. Mary Jane Nail stated that she owns property in Ocean Gardens and voiced against the moratorium. She stated that current businesses located in the City of Cape Canaveral are not attractive to her. She stated that the City has a strong Beautification Board and she feels the City should have the ability to move with the change and special exceptions are good for allowing change. Mr. Kevin Markey stated that he is working with Harold and Betty Gould regarding 190 Oak Park Lane, with a pending special exception. Mr. Markey was assured that the special exception process could continue because the property is located on North Atlantic Avenue, which is not included in the moratorium. Mr. Craig Stewart, Oak Lane property owner, questioned Council wanting to eliminate special exceptions. Mr. Stewart stated that he does not want to be mandated to build commercial. It was reaffirmed by Council that North Atlantic was not affected by the moratorium. Ms. Lois Palmer stated that she enjoys and uses the small businesses in the city such as Canaveral Meats. Ms. Palmer voiced in favor of the moratorium. Mr. Lamar Russell stated that City Council could eliminate special exceptions using an amortization period. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 6 of 10 Mr. Jonathan Ferguson, Attorney for Harold and Betty Gould, stated that the moratorium would not affect the Gould's property and thanked council for the clarification. Mr. Shawn Schaffner inquired why North Atlantic was not considered in the moratorium. Mr. Hoog replied that 90 percent of North Atlantic has converted to residential. There was no vote or motion on Ordinance 19-2005. The Ordinance was treated as a discussion item only. Mayor Randels summarized that the ordinance would include SR AIA corridor only and consist of a 90 -day moratorium, including a 60 day extension, if necessary. The deadline for applications for special exceptions relating to section 110-334, residential use in C-1 Commercial Zoning, is October 18, 2005. REPORTS: 1. City Manager • Mr. Boucher reported on the stormwater grant for the North Central Ditch project. Grants will cover 74% of the project. The City's share will be only $134,000. • Mr. Boucher reported that the sewer force main bid award will return to the bidding process. • Mr. Boucher reported that there would be a Metropolitan Planning Organization meeting on October 13, 2005 at 9 a.m. in the Government Center. • Mr. Boucher reported that the Florida Department of Transportation denied the City's request to lower the speed limit on SR AIA; however, the speed limit can be lowered on the overpass from 55 mph to 45 mph. • Mr. Boucher reported that the Port Authority would be closing George King Boulevard Thursday night at 8 pm for installation of the conveyor system. 2. Staff Building Official • Mr. Morley reported that Code Enforcement and the Public Works Department are working together to identify problem overflow lighting in regards to the sea turtles. City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 7 of 10 City Attorney • No report AUDIENCE TO BE HEARD: Mr. Ray Osborne, Holman Road, announced that he had arranged a panel discussion entitled 4The History of Cape Canaveral" on January 28th at the Cape Canaveral Library. Mr. Osborne invited the Council Members for their support and involvement in this program. Mr. Osborne noted that the September 20, 2005 City Council Meeting minutes should reflect the comprehensive plan policy element H9.3 on page 8. 2. City Council Burt Bruns Mr. Bruns reminded board and council members to make an effort to speak into the microphones so that speakers are audible on the recordings. Mr. Bruns inquired about the recommended changes for rental restrictions. Mr. Bruns asked about the status of 8200 Astronaut Boulevard. Mr. Boucher reported that staff is contacting the representing attorney to advise them of the violations. Council inquired if the City could revoke the settlement agreement. Mr. Boucher stated that should violations not be corrected it would be placed on the next City Council agenda. Mr. Petsos • Mr. Petsos inquired about where donor city funds are being used by the county. Mr. Boucher responded that an official letter would be forwarded to the County Manager requesting where city funds are being utilized. • Mr. Petsos asked about the City's drug policy and requested that the City consider random testing. • Mr. Petsos reported that the Sea Oats planting project went well; 4000 sea oats were planted and 26 people volunteered. • Mr. Petsos announced that the Kiwanis Club would be holding a Pancake Breakfast on October 29, 2005 at Manatee Park from 8-10 a.m. Mayor Randels referred to city code section 2- Wa); "The city council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the council members present have first consented to the presentation of the matter for consideration and action." City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 8 of 10 Mr. Morgan: • Mr. Morgan explained that he attended a meeting recently and after he left, found ft discussion regarding a landscape -detailing Community Appearance Board at he had become the topic of project that had actually been submitted by his son. Mr. Morgan stated that no board member should single out anyone and perform a character assassination based on inaccurate facts. Mr. Morgan expressed that the comments from the board member were slanderous and damaging. Mr. Morgan noted that he had received previous remarks that his conceptions were not creative. Mr. Morgan submitted that he would like to play a short recording of the meeting and that a resolution had been prepared to remove the board member. Mr. Boucher related that the portion to be played included a discussion following the regular agenda items where the board was discussing the level of landscaping details that should be submitted. [A portion of the October 3, 2005 Community Appearance Board Meeting was played before council.] Mr. Morgan reiterated that he had not submitted the package in question and felt the remarks slanderous. Mayor Randels noted that he was not in attendance at the meeting, however stated that he was disappointed in the comments and felt they were inappropriate. Mr. Morgan stated that Boards could tell people no, however the members must still treat others with respect. Mr. Morgan requested that Resolution No. 2005-37 be read. Mayor Randels noted that a majority of the Council Members consented to the presentation of the matter for consideration and action. Mayor Randels read Resolution 2005-37 in its entirety: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REMOVING A MEMBER OF THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, in accordance with Section 2-171(e), Uniform Procedures and Requirements, desires to remove a Regular Member of the Community Appearance Board; and City of Cape Canaveral, Florida City Council Regular Meeting October 4, 2005 Page 9 of 10 WHEREAS, Section 2-171(e) states that all persons shall be appointed to and removed from city boards and committees by majority vote of the City Council and by resolution; and WHEREAS, Section 2-171(e) further states that board and committee members shall serve at the pleasure of the City Council and may be summarily removed at any time with or without cause permits the removal of Community Appearance Board members, and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to remove this regular member from the Community Appearance Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Karen Haves is hereby removed as a Regular Member to the Community Appearance Board. SECTION 2. This Resolution shall take effect immediately upon its adoption. Mayor Randels called for a motion and a second. Mayor Pro Tem Hoog stated that he was in attendance at the meeting and heard the comments. He noted an ongoing concern with many of the city boards. Mayor Pro Tem Hoog stated that he had presented his concerns at a previous City Council meeting. Mayor Pro Tem Hoog noted that the Community Appearance Board is the first stepping -stone in the city followed by the Planning and Zoning Board. He stated that one has opinions however derogatory comments to the public are inappropriate. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to adopt Resolution No. 2005-37. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For; and Mayor Randels, For. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog asked about the joint playground agreement with Cape View Elementary School. Mayor Randels • Mayor Randels reported the Annual City Manager Evaluation is due. • Mayor Randels reported that Florida City Government Week is October 16-22,2005. City of Cape Canaveral. Florida City Council Regular Meeting October 4. 2005 Page 10 of 10 • Mayor Randels reported that a Space Coast Area Transit workshop was held at the Cape Canaveral Library on September 29, 2005 and a new south beach trolley was added. • Mayor Randels reported that a $495,000 grant for six glass bus shelters is available through the Department of Transportation. Mr. Boucher will have the City Attorney review the agreement. • Mayor Randels reported a $100,000 Florida Inland Navigation application grant for docking of transient vessels 26 feet or longer. Mr. Boucher will have the City Attorney review the grant application. • Mayor Randels recognized Public Works for an article published in The Trust Reporter regarding the open house at the Water Reclamation Plant. • Mayor Randels reported on the Villages of Seaport crossovers. Mystic Vistas granted a public easement to the city for a beach access. • Mayor Randels reported that Staffing Unlimited, 8010 N. Atlantic Avenue, has been moved to the southern end of City, 7090 N. Atlantic Avenue. • Mayor Randels reported that SR AllA in the City has now been added to the map of county roadways of severe congestion. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:35 P.M. Rocky Randels, MAYOR Virginia Haas, ASSISTANT CITY CLERK Cin os CAPE CAN AVFRAI WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 16th — 22nd, 2005 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City does encourage educational partnerships between city government and schools. Meeting Type: Regular Meeting Date: 10-18-05 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR HALLOWEEN STREET DANCE DEPT/DIVISION: PARKS AND RECREATION Requested Action: City Council approve the Outdoor Entertainment Permit for the Halloween Street Dance to be held on Friday, October 28`h as requested by the recreation director. Summary Explanation & Background: See attached memo and permit application. I recommend approval Exhibits Attached: Recreation Director's memo/ ' application City Manage ' ce Department PARKS AND RECREATION cape-nt\kim\mydocuments\admin\council \meeting\zuus uu-lu-u�j \nalloween. aoc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N. ATLANTIC AVENUE * P.O. BOX 326 (321) 868-1227 E-mail address: parknrec@iu.net MEMO TO: Mayor, Council Members, City Manager FROM: Nancy Hanson, Parks & Recreation Director �/li` I/ DATE: October 5, 2005 RE: Special Outdoor Entertainment Permit Find attached an application for a Special Outdoor Entertainment Permit. The Recreation Department would like to host a "Monster Mash" Halloween dance for the children in the community on Friday, October 281' from 6:30-8:00 p.m. in the City Hall Annex parking lot. (DJ) Joe Redmond will provide music. I am requesting that the 7400 block of Poinsettia Avenue and the first block of Taylor Avenue, from the east United Agency parking lot to the intersection of Poinsettia be closed from 6:00-8:30 p.m. This will allow for safer conditions for those attending and using the restrooms at the Recreation Center during the event. I will coordinate with the Sheriff's Department and the Fire Department on the street closing. Thank you for your consideration in this matter. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAININIENT PERMIT Permit.No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: NAte_N g n N TiticR�r R F A. 110N0 1 R� E CT O.R. Address: -7 -ion N Atlantic Avenue Telephone: 8 6 8 -1 2 2 7 FAX: saffle Local Contact: Title: Local Address (if different from above) Type of Event: " M o n c t a r Mash" Wall e w e e nStreet n____ Event Date(s) in Cape Canaveral: F r ^iri_ a y , 0 r. + o b e r. 29 , 2 9 9 5 Location(s): Date(s) Time Annex Park i nq I of Oabr 29, 206 6 Attach map(s) indicating event area and designated parldng areas. Wrraffic Control ❑Use of Police/Fire Rescue Equipment ]Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property c R o f I ay I or Tvenue By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than S300,000.00 darbage or injury to any one person for bodily injury or otherwise, plus 525,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus 550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Florida League of Cities Policy No: Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Pennittec's name and project for public relation purposes and other media related purposes. III. EXPENSESIFEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Any and al Date Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Plione: (407) 868-1230 Fax: (407) 799-3170 Meeting Type: Regular Meeting Date: 10.18-05 AGENDA Heading Considerations [tem 5 No. I encourage each council member to stop by my office to review the appraisal reports prior to Tuesday's meeting. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: OFFER ON VACANT 3.55 ACRE PARCEL LOCATED ON ASTRONAUT BLVD. DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider proposing an offer to acquire a vacant 3.55 acre parcel located on Astronaut Blvd. Summary Explanation & Background: The two appraisal reports, as required by Florida Statutes, have been secured by my office. These reports can remain confidential until negotiations are completed. The original asking price by the owner's representative, AJT & Associates, Inc., is $3,704,806.70. I encourage each council member to stop by my office to review the appraisal reports prior to Tuesday's meeting. Attached is the Brevard County Property Appraiser information on the subject property. Exhibits Attached: Property appraiser information City Mans ce �,� - Department ADMINISTRATION cape-nt\kim\mydocuments\admin\council\meeting\2005\10-18-05\ajt.doc Page 1 of 1 http://www.brevardpropertyappraiser.com/temp/graFrame200510111349399992.html 10/11/2005 Brevard County Property Appraiser-- Online Real Estate Property Card J11ilm,Fordo V.F. r �'6roper y Apra i;�vr reur- unt F1 jHMel [.Meet JimFord] IAppraiser's_J...ob] LF 91 [General Infol jSaye_O...ur_Homes] jExemPtions] [Tangible._Propertyl [Conta_ct Usj 10cations [Form-sj [Appealsl ]Property Research] [Map Searchl Vaps_&_Data] Lus4ble Property.] ]Tax Authorities] [Tax Facts] [Economic Indic..atorsj [What's New] jLinksl [Press Fteleasesl ]Tax Estimatorl General Parcel Information for 24-37-15-00-00026.0-0000.00 Parcel Id: 24-37-15-00-00026.0- E Millage ]H0000.00 Code: Exemption: Page 1 of 2 Use Code: 1.000 * Site Tax 2444424 Address: Account: * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: STROUD, E STEPHEN Second $0 Name: �RAMSEY, GRACE D HAV Mailing 224 FAYETTEVILLE Address: STREET MALL City, State, Zipeode: RALEIGH, NC 27601 Screening Vacant/Improved Value Summary for 2005 ** Market Value: $718,740 Agricultural Assessment: $0 Assessed Value: $718,740 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: IL$718,7401 Screening Legal Description A PARCEL OF LAND IN THE NE 1/4 LYING E OF ASTRONAUT BLVD, N OF ORB 3623 PG 2263 AND W&S OF ORB3576 PG 2618 Land Information Acres: I3 Site Code: 34.0 Land Value: $718,740 ** This is the value established for ad valorem purposes in accordance with s. 193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information ***Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. http://www.brevardpropertyappraiser. comlasp/Show_parcel. asp?acct=2444424&gen=T&... 10/11/2005 *** Sales *** Sales OR Sale Sale Deed Screening Screening Vacant/Improved Book/Page Date Amount Type Code Source ***Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. http://www.brevardpropertyappraiser. comlasp/Show_parcel. asp?acct=2444424&gen=T&... 10/11/2005 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Extra Feature Information Pool Fireplace Fence 11 Shed j Dock Seawall No No —� No No No No Pronosed Taxes 2005 Rollback Taxes 2005 Taxing Authorities Taxes Billed Ad Valorem County $35248.27 School $5,723.32 Ci /MSTU $2,291.35 Water Management j $332.06 SP District 1 $27.67 Debt Payment $230.43 Total Ad Valorem $11,853.10 Taxing Authorities Taxes Billed Ad Valorem County 1$3,185.09 School 1 056.34 City/MSTU $1,939.74 Water Management $294.97 SP District $23.79 Debt Payment $230.43 Total Ad Valorem j $10,730.36 Tax_ information is also ay.._ailable._at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Data Last Updated: Tuesday, October 11, 2005- Printed On: Tuesday, October 11, 2005. New Sea€ch7 „Help Home [Meet JimFord] (_Appraiser's JoblFj AQj [General Info] [Save Our Homes] [Exemptionsj [Tangible Property] [Contact Usl Mcationsl jFormsl jAppealsl [Prgpopdy_Researchl jt�[ap._Sea.rchl (Maps__&_ Datal jUnosable._Pro.pe...rtyj [Tax Authoritiesl [Tax Facts] [Economic Indicators] [What's Newl Links [Press Releases] [Tax Estimatorl Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://www.brevardpropertyappraiser. comlasp/Show_parcel. asp?acct=2444424&gen=T&... 10/11/2005 Meeting Type: Regular Meeting Date: 10-18-05 AGENDA Heading Ordinances -I' Reading [tem exceptions, Section 110-334(10), allowing No. corridor, only. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 19-2005, IMPOSING A (90) DAY MORATORIUM ON SPECIAL EXCEPTIONS, SECTION 110-334(10), ALLOWING R-2 RESIDENTIAL WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ALONG THE AIA CORRIDOR DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 19-2005, imposing a (90) day moratorium on special exceptions, Section 110-334(10), allowing R-2 residential within the C-1 commercial zoning district along the Al corridor, only. Summary Explanation & Background: See attached ordinance. Exhibits Attached: Ordinance No. 19-2005 City Mana ce Department LEGISLATIVE cape-nt\kim\mydocuments\admin\council\meeting\2005\10-18-05\19-2005.doc ORDINANCE NO. 19-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110- 334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-334(10) of the City Code currently allows by special exception single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts subject to certain restrictions; and WHEREAS, the City has recently experienced an upsurge in land development pressure including commercial development along the AlA corridor; and WHEREAS, the City's C-1 zoning districts are primarily located along the AIA corridor; and WHEREAS, on September 20, 2005, the City Council was presented preliminary data and evidence from the City Planner evidencing that numerous special exceptions have been previously granted by the Board of Adjustment which have authorized residential uses within the C-1 zoning districts; and WHEREAS, as a result of this significant residential encroachment into the C-1 commercial districts, the City Council directed, at the September 20, 2005 council meeting, that a moratorium be imposed forthwith because the Council has serious concerns regarding the appropriateness of City of Cape Canaveral Ordinance No. 19-2005 Page 1 of 3 continuing to allow residential uses within the City's C-1 zoning districts; and WHEREAS, residential special exceptions may be eroding the City's CA commercial districts and negatively depleting commercial land use opportunities within the City; and WHEREAS, such residential special exceptions may also be creating incompatible land uses within the City; and WHEREAS, the City Council believes that imposing a moratorium on the issuance of residential special exceptions within the C-1 zoning districts will further the City's goal ofprotecting its commercial zoning areas while engaging in a comprehensive review of Section 110-334(10) and its impact on the overall Cape Canaveral community; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of Section 110-334(10) of the City Code and to recommend revisions to the City Council upon completion of this review to the extent necessary; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods ofregulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly justify the imposition of a ninety (90) day moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) ofthe City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review section 110-334(10), and other related provisions of the code, and will propose new legislation to the City Council to the extent necessary to protect the C-1 zoning districts for their intended commercial purpose, to promote compatible land uses within the City, and to preserve and protect the health, safety and welfare of the citizens of the City City of Cape Canaveral Ordinance No. 19-2005 Page 2 of 3 of Cape Canaveral. Section 3. Expiration Date. This ordinance shall expire ninety (90) days after its effective date. The expiration date of this ordinance may be extended for sixty (60) days by majority vote of the City Council at a duly held Council meeting. Section 4. 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 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 2005. ROCKY RANDELS, Mayor ATTEST: For Against Burt Bruns Bob Hoog Jim Morgan SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels First Reading: 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. 19-2005 Page 3 of 3 View Legal Ad# 630281 AD#630281-10/8,2005 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 19-2005 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, October 18, 2005. 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. 19-2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 AD*: 630281 Publication: Florida Today First Published: 10-08-2005 Page 1 of I http://www.flatoday.net/legals/di splay. htm?CMD=DISPLAY&Id=18946 10/10/2005 Meeting Type: Regular Meeting Date 10-18-05 AGENDA Heading Ordinances -I' Reading [tem 7 No. I support the city treasurer's recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-2005, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/05 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading Ordinance No. 20-2005, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year ending 09-30-05, as recommended by the city treasurer. Summary Explanation & Background: The city treasurer will be available to answer questions about this proposed budget ordinance. I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 20-2005 and Budget Amendment Summary City Manage f ce ,- Department ADMINISTRATION/FINANCE cape-nt\kim\mydocuments\admin\council\meeting\2005\10-18-05\20-2005.doc ORDINANCE NO. 20-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2004, and ending September 30, 2005, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day November, 2004. ATTEST: Rocky Randels, MAYOR FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Bob Hoog James Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony A. Garganese, CITY ATTORNEY First Reading: Second Reading: P:\CtyTreas\TRANSFERS\2004-2005\ORD - FINAL BUDGET ADOPTION.doC MEMORANDUM DATE: October 11, 2005 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Final Budget Report and Transfer for the Fiscal Year 2004/2005. Revenues Without recognizing the timing issue, cash receipts for the General Fund are at 95% collected. A number of Revenue Sources maintain a two-month lag. These are estimated to add another $597,022 bringing the total to 103% collected. Cash Forward was increased to include all Capital Purchases appropriated through the budget amendment process. Development based revenues are increased to provide for the increased Planning & Zoning Professional expenditures. Federal Disaster Relief in increased to recognize the additional funds received. State Revenue Share is also increased, reflecting the growth both in the City and the State. Interest Income is increased due to the economic up swing in the market. 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. Within the Administrative Department the following adjustments are requested. Due to the full accrual accounting, required by GASB 34, the Audit Expense is increased to provide for the preliminary 04/05 audit. The Communications account is increase to cover the added expenses from the Satellite Phone, used in the 2004 Hurricanes. General Insurance is increased to cover the actual costs. Planning and Zoning is increased in both Planning Services and Contract Services to provide support for the Land Use Study and current zoning projects. Salaries for Crossing Guards have been increased in the Public Safety budget to provide the additional supervision for summer students. Utilities have been increased. Capital Purchases has been increased to provide the new vehicle for Commander Scraggs. The Police Service Contract has been reduced to provide partial funding for the capital. Operating Expenses has been funded to pay for the Tractor Trailers used to transport the donations collected for Hurricane Katrina victims in Mississippi. Finally, a new account, Collection Surcharge, has been created to provide for the Collection charges from the Clerk of Court to file for the City's traffic violations. Street Repairs has been increased in the Street Department. Professional Services have been increased in Legal Services to fund the balance of the fiscal year. Contract Garbage Service and Contract Recycling Service are increased to accommodate the increased development. The Fire Protection Fund has been increased to provide the budget vehicle to transfer the total revenue collected during FY 2004/05 to the General Fund. When the Cash Forward is removed from the Beautification Fund, the revenues stand at 102% collected. This is primarily due to increased Interest Income and donations for the Adopt -a -Median Project. No additional adjustments will be made. With projected accruals for Sewer Utility Income of $426,000, revenues will stand at 80.6% collected. Under collection in Sewer Assessments were partially offset by increased Interest Income. No additional adjustments will be made. With projected accruals for Stormwater Fees of $55,000, revenue collection stands at 94%. Grants totaling $246,442 were not originally budgeted, but have been received or accrued. No adjustments will be made. This completes the requested Budget Amendments for the Fiscal Year 2004/2005. 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. O y 0 0 o 0 0 0 0 0 > 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0a Cl 300000000 30000000000000000000 a? 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O Co 00 00 V —� W O 00 00 CA) I su C. 7 CC w A A N Co Cn 00 — N CO OD 0) 00 �M (i ;i 0) v W OD n CD CD Cn-�N V O-•OOOOCn OCnO AICD = N O O Cn V 0 0 0 0 0 0 0 A O w V N 0 0 0 m O O O co O O O O O W CO City Clerk's Office Human Resources and Risk Management Services Quarterly Report for October 2005 CITY CLERK'S OFFICE Information Management • E -Better Place — 90 requests processed and closed this Quarter. o Top requests submitted — Garbage and Code Enforcement issues. • The Clerk's office makes every effort to ensure that City Council and Board minutes are posted to the web site in a timely manner. • Citizens continue to use the City kiosk to research information on community and government -related topics. Legislative • The City Clerk's office distributed Supplement 14 to the City Code of Ordinances this quarter. • City Clerk qualified three candidates for City Council for the upcoming General Election on November e. [Burt Bruns, Bob Hoog and Leo Nicholas] Records Management • Assistant City Clerk prepared the 2005 Records Destruction Notices for City Departments. She will coordinate with the City's off-site storage center to destroy those records that have met State retention. Department Heads may authorize to extend retention dates. The Building Department has notified they will begin to outsource scanning for those records that have Archival Value. HUMAN RESOURCES & RISK MANAGEMENT SERVICES Separated Employees: Carl Akery, Collections/ Distribution Supervisor — Public Works Cathy Dawson, Maintenance Worker — Streets/Maintenance Transferred Employee: Michael Richart, Maintenance Specialist — Streets/Maintenance To Building Inspector — Building Department New Employees: Joe Pantaleo, Plant Operator - Public Works Tim Lacey, Accounting Technician — Finance City Clerk/ Human Resource Office Quarterly Report, October 2005 Page 2 Position Vacancies: Utilities Maintenance Supervisor [formerly Collections/ Distribution Supervisor] — Public Works Department Maintenance Specialist — Streets/Maintenance Division Maintenance Worker — Streets/Maintenance Division Plant Operator (2) Position Vacancies — Public Works Department Human Resources received many qualified candidate applications through the Job Vacancy posting on the City marquee. The City Clerk conducted Orientations for all new employees and an Exit Interview for employees leaving the City. Worker's Compens ation: • One Building Department employee injury reported due to a slipped ladder. Injury resulted in 1 day of lost work time. Employee has returned to work and will maintain light duty until further instruction from treating physician. Property/ Liability Claims: • No claims to report this quarter. PROFESSIONAL DEVELOPMENT ACTIVITIES • Ms. Stills attended the annual Florida Public Personnel Association Conference. FPPA continues to provide valuable information on Human Resource issues in the public sector. • Ms. Haas is now a member of the Florida Local Government Information Systems Association. She will represent Cape Canaveral at the July 2006 conference on technology issues that confront public employers. BUILDING DEPARTMENT Date: October 10, 2005 To: Bennett Boucher, City Manag From: Todd Morley, Building Offici Re: Building Department (_' Quarterly Activity Report: July - September 2005 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of July - September 2005. Building Department - Overview: Mike Richart was transferred from the Public Works department to the Building Department and is working as a Building Inspector and Plans Examiner, pending receipt of his provisional licenses. Dennis Clements, Mike Richart and Bob Haley attended a training course regarding proper firestopping of penetrations in construction. Dennis Clements attended a one -day seminar on roof construction techniques. The department has purchased a document imaging system and all have received training. This will give us the ability to store digital images of all of our plans and paperwork, as well as digital photos, email correspondence and other Windows- based data. Duree Alexander, Code Enforcement Officer and Ed Gardulski, Public Works Director, conducted a sweep of the beaches for turtle lighting violators. The building department held one staff meeting. Projected and on-going projects: • AJT Building — (North end of Astronaut Blvd.) site plan under staff I&VA-s� • Atlantic Animal Clinic - A Special Exception has been applied for and recommended for approval by the P & Z Board. The site plan is under staff review. 10/10/05 Building Department Quarterly Report July - September 2005 • Bayport Condominiums and Townhomes - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units at build -out. Construction is ongoing. • Beach Side Townhomes 1st Addition - (506 & 508 Adams Avenue) — Two (2) townhouse units. Construction is ongoing. • Beach Side Townhomes 2nd Addition - (Adams Avenue) — Two (2) townhouse units - Preliminary Replat has been submitted and is under staff review. • Beroja Palms Townhomes - (Lincoln Avenue) - (2) townhouse units - Preliminary Replat has been submitted and is under staff review. • Cabo Verde Condominiums - (Porter Property) — A proposed condominium project. Comprehensive plan amendment request submitted for rezoning from C-1 to R-3. This request has been withdrawn by the applicant. • Canaveral Bulk Terminal - (Conveyor System) - Site plan submitted and under review. A Special Exception ordinance for allowing conveyor systems to encroach in a setback is under review. • Cape Canaveral Condominiums - (Oak Manor Trailer Park) - A Special Exception request has been submitted and is under staff review. • Casa Bonita - (Corner of Washington and N. Atlantic Avenues) - Four (4) townhouse units. Construction is ongoing. • Central Canaveral Condominiums — One (1) four -unit condominium building. Construction is ongoing. • Chadwick Townhomes - (Madison Avenue) - Preliminary replat is approved for one (1) two -unit townhouse. • Country Inn & Suites - (Just North of Racetrac on Astronaut) 150 -room hotel. Construction is ongoing. • Discovery Bay Single Family Subdivision - (Manatee Bay Drive) One (1) Single Family Residence. Construction is ongoing. • Greene Commercial Building - site plan submitted and under review. • Holman Rd. - One (1) Single Family Residence. Construction is ongoing. • Laniando Commercial Building - (between Tyler & Harrison on N. Atlantic Ave.) - Site plan pre -application meeting held. Waiting for site plan submittal. • Madison Cay (a.ka. Shores of Artesia, a.ka. Sand In the Shoes) — (One block south of Surf and Ridgewood) Nineteen (19) residential units at build -out. Construction is ongoing. • Majestic Bay - (South of Wachovia Bank on Atlantic Ave.) Twenty-nine (29) residential units at build -out. One (1) two-story condominium remains to be completed. Site near completion. 10/10/05 Building Department Quarterly Report July - September 2005 • Oak Lane — One (1) proposed Single Family Residence. Request for CI - R2 Special Exception time extension granted. Waiting for revised construction plans. • Oak Park — (N. Atlantic, just S. of Shorewood) Forty (40) residential units at build -out. Construction is on-going. • Ocean Garden Wave III (135 Ocean Garden Ln.) — One (1) single- family dwelling under construction. • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) Forty (40) residential units at build -out. Construction is on- going. • Portside Villas — (N. Atlantic Avenue, across from Villages of Seaport) 120 residential units at build -out. Construction is on-going. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 residential units in Phases I & II. 240 residential units in Phase III. 404 residential units at project build -out. Construction is ongoing. • Residence Inn — 150 -room hotel. Construction is ongoing. • Sea Shell Cay Townhomes - (Corner of Harbor Drive and N. Atlantic Avenue) - Request for C -1/R-2 Special Exception was approved for one (10) four -unit townhouse building in the C-1 zoning district. Site Plan under staff review. • Seaspray Townhomes (a.k.a. Villas by the Port) — (Across the street from, and just N. of, Harbor Dr. at N. Atlantic) Thirty (30) residential units at build -out. Construction is ongoing. • Tech Vest, Phase X — (Center Street) — Construction is ongoing • Vehicle Rental Facility - (An outparcel of Residence Inn) - The special exception has been recommended for approval by the P & Z Board. • Venable Residential Units (a.k.a. Kalidus Townhome, a.k.a. Villa Campania) Holman Rd. - (5) condominium units are proposed. The site plan has been submitted and is under review. • Verizon Wireless Communication Tower - (350 Imperial Blvd.) — The special exception and site plan were approved. • Villa Cielo (a.k.a. Corriveau Townhomes) — One (1) four unit townhouse building located on Magnolia Ave. Site plan has been submitted and is under review. Preliminary Replat has not been submitted. • Villages of Seaport - Phase 7 (a.k.a. Mystic Vistas)— (E. end of Seaport Blvd.) Total of 160 residential units at build -out. Construction is ongoing. 10/10/05 Building Department Quarterly Report July - September 2005 Recently completed proiects: • Angel's Isle Subdivision (W. Central Blvd.) — One (1) single family residence. • Bayside Condominiums— (At W. Central and Thurm Blvd.) One (1) 5 - story condominium building completed (24 units). This completes the Bayside site. • Bayport Condominiums — Four (4) triplex condominium buildings (12 units). • Discovery Bay Single Family Subdivision - (Manatee Bay Drive) One (1) Single Family Residence. • Harbor Dr. — One (1) Single Family Residence. • Madison Cay (a.La. Shores of Artesia, a.La. Sand In the Shoes) — One (1) three -unit townhouse building and one (1) two -unit townhouse building (total of five units). • Majestic Bay - (South of Wachovia Bank on Atlantic). One (1) two-story condominium building completed (five units). • Marie Ann Villas — (Monroe at Poinsetta) Two (2) two -unit townhouse buildings (total of four units). • Perlas del Mar — One (1) three -unit condominium building (three units). • Rosalind Ave. — One (1) Duplex (two units). Permitting Statistics: (215) Permits were issued with a total construction valuation of $9,127,661.20. The department assessed $72,510.63 in permitting fees and $173,957.94 in sewer impact fees; for a total of $246,468.57. (172) Permits were finaled. (20) Certificates of Occupancy were issued (59 residential units). (798) Inspections were performed. $110,000,000 $120,000,000 $100,000,000 $80,0001000 $8010001000 $40,000,000 $20,000,000 $0 Construction Valuation Annually (2005 includes through this quarter) 1989 1880 1991 1992 1993 1884 1885 1988 1997 1998 1999 2000 2001 2002 2003 2004 2005 10110105 Building Department Quarterly Report July - September 2005 Code Enforcement Activities Current Violations: Code Section and title Otv. Percentage 14-51, Minimize Artificial Light during Turtle Hatching 3 4.5% 14-53; Enforcement and Penalty 3 4.5% 14-56; Existing Development 3 4.5% 18-1803.1.3; Excavations 1 1.5% 22-40; Approval prerequisite for permits 2 3.0% 34-96: Standards Established 2 3.0% 34-97; Duties and Responsibilities 4 6.0% 34-98; Building Appearance and Maintenance 4 6.0% 34-99; Landscape Appearance and Maintenance 2 3.0% 34-121; Intent 1 1.5% 34-122; Public Nuisance Prohibited 2 3.0% 34-181; Storing, Parking or Leaving on Private Property 1 1.5% 62-11; Unlawful Acts 1 1.5% 66-26; Civil Liability for Damage 1 1.5% 70-71; Engaging In Business Without Paying Tax 2 3.0% 78-125; Full Payment Required Prior to Issuance of Certificate 1 1.5% 82-31; Florida Building Code Adopted 2 3.0% 82-31; Permits & Inspections FBC 104-105 10 16.0% 82-31; Exposed electrical work NEC 334.12 1 1.5% 82-31; Protection from Physical Damage (elec.) NEC 334.15 1 1.5% 82-31; Exterior Structure (elec.) NEC 303-303.1 1 1.5% 82-31; Maintenance (elec.) NEC 340-340.1.6 2 3.0% 82-31; Wet and Damp Locations (elec.) NEC 410-410.4 1 1.5% 82-31; Tenant Fire Separation (req'd.) FBC 704-704.3 1 1.5% 90-194; Failure to Maintain 1 1.5% 94-4; Exemptions (Window Signage) 1 1.5% 94-11; Maintenance, Notice to Repair 4 6.0% 94-31; Permit Required 3 4.5% 110-121; Certificate Of Occupancy 1 1.5% 110-467; Garage Sales 1 1.5% 110-469; Visibility at Intersections 1 1.5% 110-538; Encroachments 1 1.5% 110-551; Location of RV, Camping Equip., Boats/Trailers 1 1.5% Total 66 100% 10110105 Building Department Quarterly Report July - September 2005 Code Enforcement Activities (continued) Areas of Current Violations by District Qty. Percentage Section 14 Northeast Section 20 30.3% Section 15 Northwest Section 1 1.6% Section 22 Southwest Section 18 27.2% Section 23 Southeast Section 27 40.9% Total 66 100% Northeast Northwest Southwest Southeast Code Enforcement Activities summarized: Cases presented to Board: 15 Current cases: 66 "A Better Place" requests completed: 20 Cases brought into compliance in field: 65 Total number of cases for the quarter: 166 Community Appearance Board: The Community Appearance Board held four meetings and reviewed (17) requests. (17) were approved, (0) denied. Planning & Zoning Board: The Planning & Zoning Board held six (6) meetings. The Board reviewed two (2) proposed ordinances during this quarter regarding short-term rentals. The Board recommended six (6) special exceptions; one (1) preliminary plat; one (1) final plat; and one (1) site plan. Local Planning Agency: The Local Planning Agency did not hold any meetings during this quarter. 10/10/05 Building Department Quarterly Report July - September 2005 Board of Adjustments: The Board of Adjustments held two (2) meetings. The Board approved three (3) special exceptions. Construction Board of Anneals: The Construction Board of Appeals did not hold any meetings during this quarter. i U Q 4i 0 c 22V u') 0 O V Y c cu rn O m gyp— 3 �U Q d L a) L C> S] U) N m C c+i on O a) OIm •tf �, -o — a� cu N O W m U o t =� O N G 0 V H a) Lc) O Vi a In 0 4i LL � u') 0 u') 0 � p rn rn d a V O U) o =� O N G N O) a) Lc) O O cp E -N 0 E E N C a m 70 n U U a`� pE 0 O ...' O) U O U E YAQ Q U ) U d a) U N 0 �- SA w -c U L m C! y v m 2 42 U ami O 5 t O C) a.Ei EE °' i o 3 y X y O U O- a) n, c as W 03.!D C > c aT I_- $ E;� N v -w 0 5 Y'v c 3 zu a) E a�n) U 0�? !2,co005U ti 16 CL U d O F- N N O ? y O O N O U a0 al c N 41 O= T C Otm m y d E O E C a) v U U U cn 0 q O a) c coc �n C) m O O p O A 7 a) O T pEp M ti d d 4 -to W O 0) 7 mN c O > c X G 0 U D X a) O a) d' L .2 m CL 0 oU2U c otS c c W a) CO iL cl 7 X d W cu m U +0+ a3 U U N Cl) O ui c0 r- V -It ' N a) N C5 0 000 '� o N o 0 0 0 0 o V p N Z co r- r ti v r— co v co¢ v Z v v AL c�5 Q Ln Ln v U') Q o 0 0 o Q o Q T 0) CL C W Q c m U d m [O -u N p c m c I m I T C O) O N N c a) rn a d c ca 7 pL U� •_) <(D0) -40)IwL2U 0 O x CV CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1226 email: parknrec ,earthlink.net RECREATION DEPARTMENT QUARTERLY REPORT JULY — SEPTEMBER 2005 The Recreation Center was closed the week of July 11`h so ceramic tile could be installed in the restrooms, lobby, hallway and outer office. The results are exceptional. During the same week, new (green) vinyl coated 10' fencing was installed on the tennis courts 1 & 2 and the line posts & top rails were painted green. It turned out great and the remainder of the (original from 1975) fencing will be replaced in this budget year. The exterior of the racquetball courts was repainted in August. Lifeguard service ended in the City on Labor Day. The Youth Center was open from noon -5 p.m. in July and August until school resumed on the 8a', at which time the hours changed back to 3:00-6:30 p.m. Monday -Friday, noon -5 p.m. on Saturday. The air hockey table was replaced in the center this summer. Attendance for JULY — 371 and average of 15 per day AUGUST — 430, an average of 16 per day SEPTEMBER — 386, an average of 16 per day Work is progressing (very slowly) on Banana River Park. The Brevard County Traveling Skate Park was in the City on September 301h, October 1� & 2nd. Several of the skate sessions were rained out. A Florida Recreation Development Assistance Program (a.k.a. FRDAP) grant was submitted in the amount of $150,000 (City portion $37,500.00) for the playground renovation at Canaveral City Park. It will be after the 2006 legislative session ends before we know if our project will be funded. UPCOMING SPECIAL EVENTS October 28h — "Monster Mash" Halloween Street Dance November 4a', 5th & 6t' — Recreation Complex 30a' Anniversary Racquetball Tournament November 9h — Community Health Fair (includes fly shots) December l la' — Holiday Tree Lighting Program (includes the Dickens Carolers & Cape View Elementary School Rocket Chorus) TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: July, August, and September 2005 DATE: October 6, 2005 STREETS AND BEAUTIFICATION 1. N. Atlantic and Central Blvd Turn Lane. Staff is working with the County in regards to the design and construction of the left turn lane on Atlantic to Central Blvd. Brevard County has contracted the engineering design task. The project preliminary design is complete. The County is securing the needed easements along the west side of North Atlantic Avenue. 2. Holiday Decorations. Staff scheduled the installation of the holiday decorations mid November. Looking forward to a safe Holiday. 3. Adopt A Beach Crossover. Staff is now accepting applications from citizens and business groups that wish to adopt a City of Cape Canaveral Beach Crossover. As of this date the City received the following twelve (12) sponsorships: Mr. And Mrs. Hale, Mr. And Mrs. Mars, Artesia Condos, the Vicidomini Family, Ms. B. Merchant and Ms. M. Ballentine, the Schaffner Family, Mr. And Mrs. Laws, Mr. Jeff Ratliff, and the United Space Alliance, Nathan Colborn and Kris Nighswonger, Kathy Chadwick, Darlene and Jim 4. Decorative lighting. The Beautification Board has been working on a project to add decorative lighting around the City Hall complex. Staff has developed site locations and has a concern about lighting spillover to residential areas. Hence, staff selected a lower level lamppost with a 70 watt MH lamp. The Project is pending Florida Power Design. 5. Sidewalks Projects. J&S Curb is in the final construction of the sidewalk along the Eastside of Poinsettta Avenue. Contract delays are due to rain and scheduling. 6. Sea Oats Planting. Staff ordered 40 Flats of Sea Oats. On October 0 the City of Cape Canaveral Volunteer team, spearheaded by Councilman Buss Petsos, planted the sea oats between the newly installed Sand Fence. (96 plants per Flat for a total of 3,840 plants). 7. Landscaping RFP. The City advertised for a Landscape and Maintenance Contractor. The Short list was approved by City Council on September 20'x. 0 Page 1 Page 2 of 4 Quarterly Report -4`d Qtr. October 6, 2005 RECLAIMED WATER 1. Plant Production: July August September Quarter Wastewater treated: 33.20 MG 29.42 MG 34.83 MG 97.45 MG Reuse Cape Canaveral 18.00 MG 21.07 MG 10.84 MG 49.94 MG Reuse Cocoa Beach .60 MG 0 MG 0 MG .60 MG Port Canaveral 2.0 MG 1.5 MG 1.5 MG 5.0 MG Total Reuse: 53.8 MG 51.99 MG 47.17 MG 152.99 MG River Discharge: 12.61 MG 6.85 MG 22.5 MG 41.96 MG Rainfall: 2.14" 5.28" 7.15" 14.57 Reclaimed Customers: 722 725 730 732 2. Reuse Expansion Project. Staff is working on plans for upcoming budget. As of this date no reuse construction requests are pending. 3. The Waste Water Treatment Facility Improvements. Brown and Caldwell was awarded the study to review the Waste Water Treatment Facility's equipment to establish a replacement schedule. 4. Sewer Force Main Replacement. Brown and Caldwell Engineering is preparing to Bid Force Main form Lift Station # 1. 5. Budget. Staff has completed budget process and started to replace equipment where needed. 6. Equipment and Maintenance Building. Brown & Caldwell is working on site plans for Maintenance Building, also equipment assessment for plant replacement. STORMWATER 1. Maintenance. City staff routinely remove floatable items and perform inspections of all baffle boxes (6) after heavy rainstorms or an accumulation of 1" of rain within 24 hours. Extensive cleaning of the baffle boxes has been budgeted for FY2005-2006. 2. Inspections. Construction site inspections are completed at the commencement of land clearing and after every rainfall event. Inspection of all new construction sites for state mandated regulations in regards to erosion and sediment control is routinely performed. 0 Page 2 3. Baffle Box Stormwater Grant. The City was previously awarded a Section 319(h) grant from the FDEP for the installation of three baffle boxes: Holman Avenue, Center Street, and West Central Boulevard. The baffle boxes were installed during the 4`h quarter of FY2004-2005 and are now operational. 4. FEMA Grant. The City previously submitted a grant application through the FEMA Hazard Mitigation Grant Program. If awarded, the grant funds will be used for drainage improvements to the Buchanan/Orange Street intersection. The grant application was submitted in March 2005 - the City is requesting funding of approximately $143,000. Notification of the award of the grant funds is anticipated in the 3`d quarter of FY2005- 2006. 5. CDBG Grant. The City was awarded a Community Development Block Grant (CDBG) in the amount of $100,000 for drainage improvements to the Buchanan/Orange Street intersection. Funds should be available in the 3`d quarter of FY2005-2006. 6. North Central Ditch Project. The City was awarded a Section 319(h) grant from the FDEP and a Stormwater Cost -Sharing grant from the SJRWMD for stormwater improvements for the northern portion of the Central Ditch. Grant funds from the FDEP ($314,770) and the SJRWMD ($75,000) have been received — initial project activities are currently being completed. 7. South Central Ditch Project. The City previously submitted Section 319(h) and SJRWMD grant applications for stormwater improvements to the southern portion of the Central Ditch. The City has requested $401,000. Notification of the award of the grant funds is anticipated in the 4d' quarter of FY2005-2006. 8. Monitoring. Water quality monitoring continues at the City's baffle boxes (6) — a master database of all stormwater laboratory results has been developed. Quarterly stormwater monitoring reports are submitted to the FDEP/SJRWMD as necessary. 9. NPDES Permit. City staff are preparing the NPDES Year 2 Annual Report to the FDEP. The Year 2 Annual Report is due by December 31, 2005. 10. Stormwater Inventory. City staff are currently investigating the most cost-effective method for completion of the stormwater system inventory, which is required for the NPDES Permit. 11. Urban Stormwater Park. City staff continue to review potential sites for a new urban stormwater park. The City could potentially apply for a FDEP Watershed Restoration Grant when a site is selected — application deadline is February 2006. 12. Stormwater Pond Inspections. The City completed the annual inspection of stormwater ponds located throughout the City in the 4`h quarter of FY2004-2005. 0 Page 3 Page 4 of 5 Quarterly Report — 4th Qtr. October 6, 2005 1 Total Work Orders Period # WO's Oct 04 — Sept 05 184 4th Qtr 129 Outstanding 2 (I)Annual Cost to Date Period #WO's Labor Hours Labor Cost Equipment Cost Totals Oct 04 — Sep 05 184 2701.11 34,585.12 12,324.54 46,909.6 2 Recurrin Work Orders (Open All Year #WO's Labor Hours Labor Cost Equipment Cost Totals 4th Qtr 24 1910.86 22,660.68 7911.16 30,571.8 Completed Works Orders his tr Period # WO's Com leted Labor Hours Labor Cost Equipment Cost Totals 4th Qtr 127 468.75 6,823.16 3408.83 10,231.9 Breakdown bv Division for Ouarterly WO's Who # WO's Completed Labor Hours Labor Cost Equipment Cost Totals Collections 16 41 634.05 213.75 847.8 Public Works 6 9.75 271.26 38.95 310.21 Reuse Distribution 4 8 122.61 35.6 158.21 Storm Water 4 6 92.79 20.1 112.8 Streets 96 395 5,578.66 3055.68 8,634.3 Water Reclamation 1 9 123.79 44.75 168.5 Totals --------- 127 468.75 6823.16 3408.83 10,231.9 Employees Lab Streets Water Reclamation Collections/ Sewer Public Works 28 3 8 10 1 6 Vacancies 0 3 2 1 0 (1) Total Work Orders and Annual Cost to Date only represents about 4 months of data from FY 2005. These work orders represent internal and external requests (including E -Better). Recurring work orders are "open work orders" each quarter that allow daily work hours (labor and equipment) of streets and other divisional staff to be captured. 0 Page 4 Page 5 of 5 Quarterly Report — 4th Qtr. October 6, 2005 PUBLIC WORKS ADMINISTRATION 1. Animal Control. This office processed 16 citizen requests for animal traps for the months of July, August and September 2005 and was notified that a total of 13 animals were trapped as follows: 4 Cats 8 Raccoons 1 Possum 2. Education/Training. Melton Taylor and Cathy Hardy attended a 2 -day 10 Hour OSHA General Industry Training Seminar in July. Tim Davis attended a 2 -day seminar "Trees & Hurricanes" in September. Glen Robins attended a 2 -day RainBird Irrigation Training Class in September. All Streets Division, WWTP & Building Dept. employees attended a 2 hour "Heat Stress" Training Class in August. 3. Technology Improvements: A comprehensive annual tool inventory of over 400 items has been completed. Each employee received a receipt of accountability for the items for which they are responsible. The tool inventory is now installed on a data base. Public Works procured (at no cost) 1 ft. aerial photos from Brevard County of Cape Canaveral and utilizing Google Earth for reviewing mapping (by parcel) for our city. Microsoft Access database was created by one of the final NEG workers that track all signage in the city. The Data Base will also keep an inventory of all informational signs and shop inventory supplies currently on hand. Staff are exploring options for GIS/GPS mapping and interface modules for CarteGraph to continue the mapping (GPS coordinates) of all trees, signage, Sanitary Sewer manholes and Stormwater inverts, etc within the city. Project Scheduled for implementation within Budget year FY 06-07. 0 Page 5 w WASTE MANAGEMENT, INC. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave, Cape Canaveral, Florida 32920 Oct 10, 2005 Re: Third Quarter 2005 Report Dear Mr. Boucher: Waste Management provided a total of, 26 garbage collections, 13 green waste and 13 recycle collections to the single family residents. This equates to approximately 125,875 collections. In addition, service was provided to approximately 5,100 multi -family units, 45 commercial can customers, 115 commercial customers and 10 permanent roll off accounts. A total of 44 documented concerns were received by the City during this time period and the breakdown is as follows: 22 garbage complaints, 6 recycle complaints, 13 green waste and 3 general /dumpster complaints. If you have any questions or need further information, please feel free to contact me. Sr. Route Manager Jim Tuggle