HomeMy WebLinkAboutPacket 10-04-2005 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
y of Cape Canaveral
REGULAR MEETING
TALL ANNEX
Cape Canaveral, Florida
1ESDAY
ber 4, 2005
:00 PM
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).
5. One Year Renewal of the Street Sweeping Contract with USA Services of
Florida, Inc.
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.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
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f Cape Canaveral, Florida
City Council Regular Meeting
October 4, 2005
Page 2of2
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.
ORDINANCES: First Public Hearing:
8. 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.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience To Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Cleric's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 20, 2005
7:00 PM
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Council Member
Council Member
Mayor
Others Present:
City Manager
City Attorney
City Clerk
Building Official
Public Works Director
MINUTES
Burt Bruns
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Bennett Boucher
Anthony Garganese
Susan Stills
Todd Morley
Ed Gardulski
Mayor Randels made apologies for the manner of discussion allowed during the
previous meeting. He read from the City Code under Administration, Section 2-66,
which states "the presiding officer will maintain strict order and decorum while
considerations are presented to the City Council." Mayor Randels read each Code
Section subparagraph pertaining to discussion and stated it his duty as Chair to
maintain decorum during Council meetings.
Mayor Randels introduced, Mr. Joseph Rega, Regional Sales Manager for Generac
Power Systems, Inc. of Clearwater, Florida. Mayor Randels stated that a
subsequent item for discussion is pad mounted generators and Mr. Rega would
provide an exercise to demonstrate the system's sound level. Todd Morley,
Building Official, stated that this demonstration is for the City Council and any
residents concerned about the noise level of the pad mounted generator. Mr. Rega
explained that he brought a 55kw unit in order to demonstrate the sound level
through a quiet test. He explained that generators need to exercise or power -up
periodically and a standby generator is a permanent fixture that would need to
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 2 of 15
exercise for 20 to 30 minutes per week. Generac systems were developed to
perform this exercise automatically.
Mr. Morgan asked about the noise level comparison between a 15 and a 55 rpm
generator. Mr. Rega explained that Generac's newly developed insulation helped
to decrease the unit's sound. Mayor Randels stated that the concern was the
amount of sound emitted during the exercise phase. Mr. Rega explained that
stand-by generators 25 KW and above are rated to 2,500 hours and would last to
the life of most homes.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of September 6, 2005.
2. Resolution No. 2005-27; Reappointing Members to the Board of
Adjustment (M. Rigerman, E. McMillin).
3. Resolution No. 2005-28; Reappointing Members to the Code
Enforcement Board (C. Biederman and J. Hale).
4. Resolution No. 2005-29; Reappointing a Member to the Library Board
(J. Deck).
5. Resolution No. 2005-30; Reappointing a Member to the Planning and
Zoning Board (L. Nicholas).
6. Outdoor Entertainment Permit for the Brevard County Traveling Skate
Park.
Mayor Randels asked if any Council member, staff or interested party desired to
remove any of the Consent Agenda items for discussion.
Mr. Morgan requested to remove Items No. 2, 5 and 6.
Mr. Frank Kuhns requested to remove Item No. 1 for discussion.
Mr. Kuhns, of 102 E. Central Blvd, Cape Canaveral, stated that he was under the
impression that minutes of any kind of meeting must be accurate because they
are history. Now he understands that they do not have to be accurate. Mayor
Randels replied that the minutes do need to be accurate, but not verbatim. Mr.
Kuhns asked if a Council person says something, pertaining to the meeting, is it
recorded in the minutes? Mayor Randels replied that the minutes record the
pertinent facts.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 3 of 15
Mr. Kuhns restated "Do the minutes have to be accurate?" and said further that,
"What Council member Hoog said during the previous meeting was not part of
the meeting minutes." The City Attorney stated that the minutes are a summary
of what occurs during the meeting. Mr. Kuhns contended that this was the first
time that he had heard that minutes do not have to be accurate. If a certain
Council person says something, as a Council member, he had never heard
anywhere that it does not have to be recorded. Mayor Randels again questioned
what was wrong with the minutes. Mr. Kuhns replied what was said, "It is time for
us to leave, because I want to go home" was not in the meeting minutes."
Mayor Pro Tem Hoog clarified that he called for an adjournment. Mayor Pro Tem
Hoog related that he sat through a similar discussion in a Fire Department
meeting that led to 15 -pages of minutes for a one-half hour meeting. Mr. Petsos
stated that a verbatim transcript is allowed if the person who requests the
transcript provides a Court reporter. That was his interpretation of the statute.
Attorney Garganese stated that the City is not required to provide a verbatim
transcript of a City Council meeting.
Mr. Morgan spoke on Item No. 2 and stated that at one of the meetings he heard
words come from Board member Earl McMillin that were out of line. The words
were an attack on the City Council. Mr. Morgan replied to Mayor Randels that he
would consider not re -appointing Mr. McMillin. Mr. Petsos said that he preferred
to learn the particulars and have the City Manager review the minutes of those
meetings. Mr. Morgan requested to remove the item from the agenda until the
issue was resolved.
Mayor Pro Tem Hoog replied that the issue was the traffic on North Atlantic
Avenue and towards the end of the meeting Mr. McMillin stated that "Council
does not give a damn." Mayor Pro Tem Hoog responded to Mr. McMillin and
said, "We are working hard to correct a past problem." In a following
conversation, Mayor Pro Tem Hoog informed Mr. McMillin of facts pertaining to
the issue. Mr. Morgan concluded that when a person makes a statement during
a public meeting, the person should know what they are saying.
Mayor Pro Tem Hoog read from his letter regarding Resolution No. 2005-27. He
stated that he attends Board meetings regularly unless he must attend a League
of Cities function. He observed Ms. Marilyn Rigerman during many Board of
Adjustment meetings and found her actions and her attitude toward the public to
be very abusive. He also found that she seems to have a personal agenda
towards building and construction. Mayor Pro Tem Hoog stated that we, as
public servants, should look at what is good for the City. He believed that her
actions were not in the City's best interest and he did not support Resolution No.
2005-27.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 4 of 15
Mayor Pro Tem Hoog stated that although Mr. Nicholas served the City for
several years as City Council Member, Mayor and City Manager; he was not in
support of his re -appointment to the Planning and Zoning Board. He stated that
Mr. Nicholas serves on a quasi-judicial Board that makes recommendations to
Ms. Rigerman's Board and he found that in conflict. He stated that Mr. Nicholas
did not show a good rapport with the public. He also stated that Mr. Nicholas did
not serve the Council in the City's best interest.
In the previous campaign year, Mr. Nicholas lashed out at the Council as being
run by developers. Mayor Pro Tem Hoog stated that the Planning and Zoning
Board on which Mr. Nicholas serves makes the decisions that affect construction.
Mayor Pro Tem Hoog observed Mr. Nicholas in past meetings desiring to close
off Harbor Heights to North Atlantic traffic. Mr. Nicholas also made remarks
toward a raise for the City Manager; however, during Mr. Nicholas' time as City
Manager, he did not refuse any raises. Mayor Pro Tem Hoog stated that he did
not support Resolution No. 2005-27 and 2005-30.
Mr. Kuhns queried that if anyone should criticize the Council or the City Manager,
then they would not be re -appointed to a Board? He stated this does not sound
like what is written in the Constitution. Mr. Kuhns questioned if only people who
agree with the Council were re -appointed to the Boards. Mr. Kuhns said that he
read the letter written of the last campaign regarding Mr. Boucher's salary and
after research, he found that Mr. Boucher's salary was more than that of City
Manager in cities with seven times greater personnel.
In response to Mr. Kuhn's question, Mayor Randels stated that he also read the
rules of order at a previous meeting wherein he allowed undue discussion from
the floor toward the City Attorney. Mr. Kuhns re -stated that if anyone criticizes a
Council member, are they no longer allowed to serve on a Board or asked to
leave? Mayor Randels stated that Board members are volunteers who ask to
serve and they share the philosophy of the City Council. Mr. Kuhns replied that
the Council desired all yes people.
Mayor Pro Tem Hoog stated that he rejected the Board re -appointments due to
the abusiveness of these people to the public. Mayor Randels stated the desire
for these Board individuals to receive another letter of interest and also for them
to have an opportunity to address the Council. Mr. Petsos stated that the Board
members should share the philosophy of the Council, and he said he believed
that the Board's attitude should be respectful to the public. He desired to hear
from City staff prior to making a decision.
Mayor Randels related that a recent Code Board member chose not to continue
on the Board if his presence was not contributory. Mr. Kuhns asked the Mayor,
as the top elected official, if he ever received a letter of complaint on Mr.
Nicholas. Mayor Randels replied that he had not. Mr. Kuhns stated that a letter of
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 5 of 15
complaint should have been submitted from someone. Mayor Randels replied
that Council makes decisions based on the information provided at the meeting
time.
Ms. Bea McNeely, Planning and Zoning Board Chairperson, expressed her
opinion: 1) she stated that she welcomed diverse opinions from the Board and
said further that Mr. Nicholas has a wealth of knowledge that he brings to the
Board and he only constitutes one vote, and 2) Ms. Rigerman gives careful and
thoughtful study in her review of materials presented to the Board.
Mayor Randels clarified that in addition to re -sending the letters of interest to the
Board members; he also desired that the Council take no action on the item until
the General Election. Mayor Pro Tem Hoog stated that any person could go to
any of the meeting tapes to listen to Board member responses. He said that he
found Mr. Nicholas' attitude abusive with the exception of the most recent
meeting. Mayor Pro Tem Hoog stated that he asked for an adjournment in the
previous Council meeting in order to not have to take abuse. Mayor Pro Tem
Hoog stated that he received feedback from the meetings on how the public was
treated. He concluded that people should be treated with respect in public
meetings. Mr. Petsos expressed the importance of Board members to share the
Council's vision for the community.
Mr. Morgan pointed out the matter of exposure to liability under Item No. 6.
Attorney Garganese stated that the City carries additional protection under the
Florida Statutes for liability. Mr. Boucher stated that participants must carry proof
of insurance, sign a waiver and the County also carries insurance.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve
Items No. 1, 3, 4 and 6. 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.
Mr. Petsos thanked Mayor Pro Tem Hoog for his comments and requested to listen
to the tapes of the Board meetings.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to Table Items
No. 2 and 5 With No Time Certain. 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.
The Chair called for a recess at 7:55 P.M. in order for the Council and interested
parties to observe the generator exercise.
The meeting re -convened at 8:04 P.M.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 6 of 15
CONSIDERATIONS:
7. Motion to Approve: Ranking of RFP 05-03, Continuing Landscaping
and Maintenance Services.
Ed Gardulski, Public Works Director, stated the Request for Proposal would provide
contracted services for the City's specialty landscape; for example, the poinsettias
during the holidays. This would alleviate staff for other projects. Mr. Gardulski would
compile a list of any future landscape projects to submit to the awarded firm for
pricing. He informed that Green Blades ranked first and Vila and Sons ranked
second. The third bid packet from Lowry's Landscaping was incomplete and,
therefore, eliminated from the process. He stated that Mr. Don Soderblom of Green
Blades was available for questions. Mr. Morgan corrected the City's population as
closer to 10,000 people.
Mayor Pro Tem Hoog asked if Green Blades performed any other projects. Mr.
Soderblom replied that he was formerly of Vila and Sons. Mayor Pro Tem Hoog
asked Mr. Gardulski how he arrived at his ranking decision. Mr. Gardulski replied
that he received delayed service with Vila and Sons on the City South Entrance
sign project that influenced his decision. Mr. Petsos questioned Green Blade's
proximity to Cape Canaveral with regard to service. Mr. Soderblom stated that the
company was based in Summerfield; however, the City would obtain service from
the Viera office. Mayor Randels clarified that Mr. Gardulski would begin to
negotiate pricing once the ranking is approved. Mr. Frank Kuhns asked if this
would replace any City personnel. Mayor Randels clarified that this contract was
for specialty landscape planting so as not to encumber City personnel. The
contracted personnel were not full-time employees.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Ranking of RFP 05-03, Continuing Landscaping and
Maintenance Services in the order of Green Blades of Summerfield as
Number One and Vila and Sons, Inc. as Number Two. 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.
8. Motion to Approve: Brown and Caldwell Proposal to Provide
Engineering and Services for a Facility Equipment Evaluation of the
Water Reclamation Facilities in the Amount of $24,910.
Mr. Gardulski stated that the Facility Equipment Evaluation is one of the preliminary
Sewer Rate Study components. Mr. Ted Hortenstine of Brown and Caldwell was
available for any questions. Mr. Ray Osborne of Holman Road asked if the
analysis was due to the population of the City or the age of the plant. Mr. Gardulski
replied the age of the plant. Mayor Randels clarified for the audience that the
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 7 of 15
Evaluation was not due to any increased population. The plant was completed
based on the City built out to capacity.
A motion was made by Mr. Morgan and seconded by Mr. Bruns to Approve
the Proposal from Brown and Caldwell to Provide Engineering and Services
for a Facility Equipment Evaluation of the Water Reclamation Facilities in the
Amount of $24,910. 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.
9. Motion to Approve: Brown and Caldwell Proposal to Provide
Engineering and Construction Services for a New Maintenance
Building, in the Amount of $26,727.
Mayor Randels displayed photos and explained that the City has no existing
storage facility for equipment that results in rust through rapid oxidation. Mr.
Gardulski stated that a meeting with the Building Official would establish
construction criteria. He explained that the plan comprises a two-story operations
building to allow plant staff on the upper level and administration on the lower lever.
Mr. Bruns asked if there were an area planned for equipment maintenance. Mr.
Gardulski replied that there is an available building at Public Works with a hydraulic
lift.
Mr. Hortenstine stated that the firm is fully capable of ensuring that the building
would meet construction criteria and regulations. He replied to Mayor Pro Tem
Hoog that cost is the determinant between constructing a block and a metal
building. Mr. Boucher replied to Mr. Morgan's question on the motion to waive fees,
that in the past the City would waive fees for grant projects. Mayor Randels
corrected the motion to exclude that fees would be waived. Mr. Gardulski
concluded that he would submit a requisition in order to begin construction in the
beginning of the next fiscal year.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve a
Proposal from Brown and Caldwell to Provide Engineering and Construction
Services for a New Equipment Maintenance Building in the Amount of
$26,727. 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.
ORDINANCES:
10. Motion to Rescind: Ordinance No. 09-2005, Amending the
Comprehensive Plan, Future Land Use Element to Allow for Mixed -Use
Development.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 8 of 15
Mayor Randels read Ordinance No. 09-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING A LARGE SCALE COMPREHENSIVE PLAN TEXT AMENDMENT,
WHICH SHALL AMEND THE COMPREHENSIVE PLAN RELEVANT TO THE
FUTURE LAND USE ELEMENT TO ALLOW FOR MIXED-USE DEVELOPMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN TO THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels explained that the applicant for the Mermaid Key Limited Liability
Corporation development submitted a letter requesting the City to rescind the action
to transmit a Comprehensive Plan change to the Florida Department of Community
Affairs. Mr. Ray Osborne of Holman Road asked the Council to consider the larger
picture beyond the Mermaid Key development. He reminded that Brevard
Tomorrow made a presentation on Smart Growth. He spoke of the merits of mixed-
use development and said that mixed-use was working favorably in other cities in
the County. Mr. Morgan also spoke in favor of the concept. Mr. Petsos stated that
more acreage was needed for the planned concept. Mr. Bruns stated also that
there was not a large enough tract of land in the City for the percentage of
residential or commercial in the mixed-use concept.
Mr. Todd Peetz, City Planner, stated that he supported rescinding the existing
language. Mr. Morgan related that although he was in favor of rescinding the
ordinance, he was in favor of some type of mixed-use development in the future.
Mr. Boucher reminded that in 2006, staff would work with the Planning and Zoning
Board on the Planned Urban Development section of the Comprehensive Plan. Mr.
Ray Osborne referred to Policy Element H-3 and said that Policy might provide an
avenue for the developer to proceed with his concept based on that element.
A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to
Rescind Ordinance No. 09-2005 Amending the Comprehensive Plan, Future
Land Use Element to Allow for Mixed -Use Development. 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.
ORDINANCES: Second Public Hearing:
11. Motion to Adopt: Ordinance No. 15-2005; Amending Zoning Setback
Encroachment Exceptions; Providing for Emergency Pad Mounted
Generators, at Second Reading.
Mayor Randels read Ordinance No. 15-2005 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING ZONING SETBACK ENCROACHMENT EXCEPTIONS;
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 9 of 15
PROVIDING FOR RESIDENTIAL EMERGENCY PAD MOUNTED GENERATORS;
PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND
EFFECTIVE DATE.
Mayor Randels reviewed the revisions to the ordinance since the last meeting. He
noted that under Item A, the word emergency was stricken. He noted the word
government was added to Item B. Mayor Randels questioned the term, under Item
No. 6 "mechanical code"; however, Mr. Morley replied that the language was
correct. Mayor Randels noted under Item No. 7, the language was changed from
building to structure. Mayor Randels clarified that the proposed ordinance would
add an additional encroachment for pad mounted generators. Mr. Morgan stated
that there are double -fronted lots in some City areas. He pointed out the difficulty of
locating a unit on a lot with narrow side or rear setbacks. Mr. Morley stated that the
unit was allowed for an encroachment based on its emergency nature. Mr. Morgan
stated that the ordinance determines what is the side or rear of a home based on
the lot length and width. Mayor Randels clarified that air-conditioning units may not
project over 5 -feet within a rear setback. Mr. Morley stated that there is no other
ordinance that addresses this subject and the City of Miami is seeking assistance to
draft a similar ordinance.
There was no public comment.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Adopt
Ordinance No. 15-2005 at Second Reading. 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.
ORDINANCES: First Public Hearing:
12. Motion to Approve: Ordinance No. 12-2005; Amending Chapter 82,
Providing for Updates to the Florida Building Code, at first reading.
Mayor Randels 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, VIII 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 10 of 15
Todd Morley, Building Official, stated that the Florida Building Code required a tri -
annual update. Mayor Randels questioned why some of the Code was dated 1997.
Mr. Morley explained there were inconsistencies in the Code and the most recent
Florida Building Code would provide uniform code application.
There was no public comment.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to
Approve Ordinance No. 12-2005 at First Reading. 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.
13. Motion to Approve: Ordinance No. 18-2005; Amending Chapter 82,
Buildings and Building Regulations, Adopting the 2003 International
Property Maintenance Code, Repealing Article III of Chapter 82,
Relating to the Unsafe Building Abatement Code, at first reading.
Mayor Randels read Ordinance No. 18-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING
REGULATIONS; ADOPTING THE 2003 INTERNATIONAL PROPERTY
MAINTENANCE CODE; REPEALING ARTICLE III OF CHAPTER 82, RELATING
TO THE UNSAFE BUILDING ABATEMENT CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
Mr. Morley distributed a comparative of the 1998 and the 2003 International
Property Maintenance Codes. He stated that 1998 International Property
Maintenance Code is adopted within the existing City code. His handout referred to
the specific amendments between the 1998 and the 2003 code. He noted that the
jurisdiction would establish the maximum height of weeds. He noted that swimming
pools, spas and hot tubs are specifically addressed. He said that Item No. 304.10
addresses stairways, decks, porches and balconies that are not addressed in the
existing code. Mr. Morgan questioned if these items were addressed in other
portions of the code? Mr. Morley was unaware if building security was addressed.
Mr. Morley addressed Item No. 304.18.1, Doors that required deadbolts on entry
doors. Mr. Morgan expressed that he was not in favor of many items in the
proposed ordinance. Mr. Morley noted that discarded refrigerators must have the
doors removed. He noted Item No. 503.4 that a floor surface required a smooth,
hard, nonabsorbent surface. Mr. Morley noted Item 704.3 and 4, power source for
smoke detectors and interconnection of smoke detectors, that must be hard wired.
Mr. Morgan stated that some of the items that might become adverse needed
review before adopting the ordinance.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 11 of 15
Mr. Morgan expressed that he found some of the requirements too personal.
Mayor Pro Tem Hoog questioned the term reasonably as it applied to permitting
interconnection of smoke detectors. He stated that he was not in favor of the word
reasonably. Mr. Morley informed that he inserted the term reasonably into the
language. Mr. Morgan stated that the term varied by interpretation from one
Building Official to another. He said that the ordinance had merit for new
construction; however, it might prove burdensome for existing homeowners.
In response to Council's question on adopting the code in part, Attorney Garganese
stated that the Council was not obligated to adopt the code in its entirety. Mr.
Morgan explained that he was concerned for the people who were not financially
able to apply the code to existing property. Mr. Morgan requested to meet with Mr.
Morley to review the proposed changes prior to adopting the ordinance and he
requested a copy of the new code. Mr. Kuhns asked if this were the same code
that applied to the number of children allowed. Mr. Morley replied that the 1998
Code stated the number of occupants were a function of provided bedroom space.
The existing definition of "family" is anyone related by blood or marriage or four
adults not so related.
Mr. Kuhns stated that he has seen much of this code applied with the International
name. He related the History Channel showed that Code Enforcement was gaining
increased authority. Mayor Randels concluded that the proposed ordinance could
be tabled. Mr. Morley questioned if only the 2003 provisions were under review or
the 1998 code also. He would meet with Mr. Morgan for a review of both Code
editions.
A motion was made by Mr. Morgan and seconded by Mr. Bruns to Table
Ordinance No. 18-2005 Without Time Certain. 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.
DISCUSSION:
14. Code Section 110-334 (10) R-2 Residential Use by Special Exception in
the C-1 Commercial Zoning Districts.
Mr. Todd Peetz, City Planner, displayed a color coded map of City zoning
designations. Mayor Randels referred to the great number of variances
represented in the City's zoning. Mr. Peetz stated that there are over 300 parcels of
land that allowed for residential uses in commercial districts. Mayor Pro Tem Hoog
questioned the affect of residential areas in commercial zoning on traffic studies.
Mr. Boucher replied that residential zoning essentially creates more density. Mr.
Bruns noted the elimination of commercial areas in the south County. He
questioned how City Council could acquire special exception application review.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 12 of 15
Mayor Pro Tem Hoog expressed his disfavor with residential in commercial zoning
and requested to preserve State Road A1A as a commercial district. Discussion
followed on the allowable zoning setback for residential zoning in commercial
areas.
Mayor Randels stated that Section 110-334 provides for a residential special
exception in a C-1 zoning district. Discussion followed on allowable special
exceptions. Mr. Petsos asked if residential owners in the C-1 zoning districts would
have vested rights. Attorney Garganese stated that any vested rights applications
would be viewed on a case-by-case basis. Prior to that, the applicant would need
to apply for a special exception and there was no guarantee that the residential
zoning would be granted. Discussion followed on existing residential zoning allowed
in commercial areas.
Mayor Pro Tem Hoog clarified that the intent is to protect the intended zoning and
he referred to the newly established residential growth on State Road A1A. Mayor
Randels asked if a moratorium were the next course of action. Attorney Garganese
stated that Council could return to the Item for further discussion on a subsequent
Agenda to establish a moratorium on residential growth on State Road A1A. This
would allow for proper public notice. Council discussed if the intent would apply to
one section of SR A1A or SR A1A in its entirety. Mayor Randels summarized
that the City Attorney would prepare a moratorium ordinance to address
residential special exceptions in C-1 zoning districts. Mayor Randels read
City Code Section 110-334, Item No. 10.
ORDINANCES: First Public Hearing:
15. Motion to Approve: 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 first reading.
Mayor Randels read Ordinance No. 16-2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING CHAPTER 110, ARTICLE VII, SECTION 110-534, OF THE CODE
OF ORDINANCES 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, OF THE CODE OF
ORDINANCES RELATING TO ENCROACHMENTS; ALLOWING 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
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 13 of 15
AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY
AND AN EFFECTIVE DATE.
Mayor Randels stated that this ordinance would add an Item No. 16 to the existing
list of encroachments in the City code. Mayor Randels read the proposed
ordinance's criteria, and he explained the intent to transport aggregate products
from the Port Authority into the City limits. Mr. Randy May approached the Council
for questions. Mayor Pro Tem Hoog questioned the transport system's loudness
and he expressed concern for any future adjacent property. Mr. May stated that
operations would occur between 7 A.M. and 7 P.M. He stated that the transport
system was fully enclosed. Mr. May informed that the process would occur within a
half-day to three-quarters of one day. Mayor Pro Tem Hoog asked if the City's
noise abatement ordinance would apply to this special exception system. Attorney
Garganese replied that the special exception referred to the time of operation.
Discussion followed on the potential noise level. Mr. May stated that only twice per
year would he transport pumice near adjacent property.
Mr. Ray Osborne asked if the noise ordinance was rated in decibels. Mayor
Randels replied that noise is subject to the Building Official's determination.
A motion was made by Mr. Bruns and seconded by Mr. Morgan o Approve
Ordinance No. 16-2005 at First Reading. 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.
By unanimous decision, the Council continued the meeting in order to hear staff
reports.
REPORTS -
1. City Manager
• Mr. Boucher turned reporting over to staff.
2. Staff
City Planner
• Mr. Todd Peetz stated that the Planning and Zoning Board compiled a list of
concerns for Council consideration regarding vacation rental properties.
He stated the concerns as enforcement standards, time lines, permitting,
amortization, daily taxes to the City and grandfathering clauses of rental
owners as well as parking, lighting and noise provisions. Items such as
enforcement standards might require additional City staff for regulation. The
Board also expressed the need for a placard inside the unit to express
standards of conduct for the visitor and on the outside with the manager's
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 14 of 15
name and number available to the City for property maintenance. Mr.
Boucher suggested a joint workshop with the Planning and Zoning Board on
the issue. Mr. Morgan inquired about the County's status on the issue. Mr.
Boucher informed that there are ten identified rental properties in the
County. Council expressed agreement for a joint meeting with the
Planning and Zoning Board.
Public Works Director
• Mr. Gardulski stated that he and the City Manager had a telephone
conference with Brevard County Traffic regarding the left hand turn lane on
North Atlantic Avenue. Brevard County authorized a notice to proceed.
• Mr. Gardulski informed that he is working with BellSouth on the road
widening contract to resolve the speed bump issue.
• Mr. Gardulski is working with the Code Enforcement Office to resolve
spillover lighting on the beaches.
• Mr. Gardulski provided a notice to proceed to Benko Corporation on the
Center Street park landscaping. He is seeking a contractor to pave the
road and will submit pricing at a later time. Benko will pay for two-thirds and
the City will pay one-third of the cost for paving.
City Attorney
• The School Board is working on the draft agreement for playground
equipment at Cape View Elementary School
AUDIENCE TO BE HEARD:
Mr. Ray Osborne announced that the Florida Humanities Council will
sponsor a Grant Writing Workshop on November 2nd at the Melbourne
Library. He would forward a press release to the City Council.
3. City Council
Mr. Petsos
• Mr. Petsos announced a Sea Oats planting on October 1St at Cherie
Down Park beginning at 8 A.M. He suggested a cookout following the
Planting Event.
Mayor Randels
Mayor Randels reported that a third semi -truck was obtained and donated
items continue to be received for the Hurricane Katrina relief effort in
Popularville, Mississippi.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2005
Page 15 of 15
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:30 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date: 10-04-05
AGENDA
Heading
Consent
[tem
2
No.
Resolution No. 2005-34; Appointment Notice
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2005-34, REAPPOINTING A REGULAR MEMBER TO
THE BOARD OF ADJUSTMENT
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-34, reappointing Robert Laws as a regular member to
the Board of Adjustment.
Summary Explanation & Background:
Mr. Laws' term will expire on 10-01-2008.
Exhibits Attached:
Resolution No. 2005-34; Appointment Notice
City Manan `ce
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\10-04-05\2005-34.doc
RESOLUTION NO. 2005-34
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING A REGULAR 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 a
Regular Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida,
as follows:
SECTION 1. Robert Laws is hereby reappointed as a regular member of the Board of Adjustment:
of the City of Cape Canaveral, Florida, with term to expire on October 1, 2008.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Florida this 4th day of October, 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Susan Stills, CITY CLERK Bob Hoog
Jim Morgan
Buzz Petsos
APPROVED AS TO FORM:
Rocky Randels
Anthony Garganese, CITY ATTORNEY
Cape Canaveral, FL 32920
Dear Mr. Laws:
;ity of Cape Canaveral
Please check the box that indicates your desire to be reappointed as a regular
member of the Board of Adjustment and continue to serve for another two-year
term and return this notice immediately to the City Clerk. The resolution to
appoint you as a regular member is scheduled to appear on the City Council
Agenda of Tuesday, October 4, 2005.
Thank you.
XI DO wish to be considered for appointment as a regular member.
❑ I DO NOT wish to be considered for appointment.
(Signature)
Robert Laws. Board of Adjustment
Sincerely,
Susan Stills, CMC
CITY CLERK
/71 K , L i';1�j C C
rar ,.c_+.e,.1
�`►� s"` rte: L2 �� f%-' , .� �—=1 t�`� N l� t- j?..- i �� �`-- ' 4j� ��', L,� ,.
l Alk -1,
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: Regular
Meeting Date: 10-04-05
AGENDA
Heading
Consent
Item
3
No.
Mrs. Ernst's term will expire 10-01-2006.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2005-35, REAPPOINTING A REGULAR MEMBER
AND TWO ALTERNATE MEMBERS TO THE LIBRARY BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-35, reappointing Mr. James Brown as a regular member
and Mr. Hang Pearson and Mrs. Mary Ernst as alternate members to the Library Board.
Summary Explanation & Background:
Mr. Brown's term will expire 10-01-2008.
Mr. Pearson's term will expire 10-01-2007.
Mrs. Ernst's term will expire 10-01-2006.
Exhibits Attached:
Resolution No. 2005-35; Appointment Notices
City Manager' a
Department LEGISLATIVE
4
cape-nt\kim\mydocuments\admin\council\meeting\2005\10-04-05\2005-3S.doc
RESOLUTION NO. 2005-35
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR
MEMBER AND TWO ALTERNATES TO THE LIBRARY BOARD
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City
Code Chapter 46-26 created a Board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to reappoint a regular member and two alternates to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. James Brown is hereby reappointed as a regular member of the
Library Board of the City of Cape Canaveral, Florida, with a term to expire October 1,
2008.
SECTION 2. Harry Pearson is hereby reappointed as an alternate member of
the Library Board of the City of Cape Canaveral, Florida, with a term to expire October
1, 2007.
SECTION 3. Mary Ernst is hereby reappointed as an alternate member of the
Library Board of the City of Cape Canaveral, Florida, with a term to expire on October
1, 2006.
SECTION 4. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th
day of October, 2005.
SIGNATURE PAGE FOLLOWS:
Resolution No. 2005-35
Page 2 of 2
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Susan Stills, CITY CLERK Bob Hoog
APPROVED AS TO FORM:
Jim Morgan
Buzz Petsos
Rocky Randels
Anthony Garganese, CITY ATTORNEY
City of Cape Canaveral
September 6, 2005
Mr. James K. Brown
8700 Ridgewood Ave, B301
Cape Canaveral, FL 32920
Dear Mr. Brown:
Your term on the Library Board expires on October 1, 2005. Please check the box
that indicates your desire to continue to serve on the Board for another 3 -year term and
return this notice to your Board Secretary or the City Clerk. The resolution to re -appoint
you as a Board member is scheduled to appear on the City Council Agenda of Tuesday,
September 20, 2005.
Thank you.
I/ I DO wish to be considered for reappointment
❑ 1 DO NOT wish to be considered for reappointment.
(Signature)
5 '
Jarifies K. Brown, Member
Sincerely,
Susan Stills, CMC
CITY CLERK
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
September 6, 2005
Mr. Harry Pearson
8703 Camelia St
Cape Canaveral, FL 32920
Dear Mr. Pearson:
Your term on the Library Board expires on October 1, 2005. Please check the box
that indicates your desire to continue to serve on the Board for another 3 -year term and
return this notice to your Board Secretary or the City Clerk. The resolution to re -appoint
you as a Board member is scheduled to appear on the City Council Agenda of Tuesday,
September 20, 2005.
Thank you.
177 I DO wish to be considered for reappointment
I DO NOT wish to be sidered for reappointment.
Signature)
Harry Pearson, ale ber
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
September 6, 2005
Ms. Mary Ernst
8494 Ridgewood Ave
Cape Canaveral, FL 32920
Dear Ms. Ernst:
Your term on the Library Board expires on October 1, 2005. Please check the box
that indicates your desire to continue to serve on the Board for another 3 -year term and
return this notice to your Board Secretary or the City Clerk. The resolution to re -appoint
you as a Board member is scheduled to appear on the City Council Agenda of Tuesday,
September 20, 2005.
Thank you.
I DO wish to be considered for reappointment
❑ 1 DO NOT wish to be considered for reappointment.
(Signature)
Mary Ern ember
Sincerely,
Susan Stills, CMC
CITY CLERK
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: Regular
Meeting Date: 10-04-05
AGENDA
Heading
Consent
Item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2005-36, APPOINTING AND REAPPOINTING
REGULAR MEMBERS TO THE RECREATION BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-36, reappointing Mrs. Connie Trautman as a regular
member and appointing Mr. Gene Petre as a regular member of the Recreation Board.
Summary Explanation & Background:
Mrs. Trautman's term will expire on 10-01-2008.
Mr. Petre's term will expire on 10-01-2007.
Exhibits Attached:
Resolution No. 2005-3 ; Appointment Notice
City Manage ' ce
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\10-04-05\2005-36.doc
RESOLUTION NO. 2005-36
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER AND
APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO
THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code
Chapter 54, Section 26 created a Board known as the Recreation Board of the City of Cape
Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Connie Trautman is hereby reappointed as a regular member of the
Recreation Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2008.
SECTION 2. Gene Petre is hereby appointed as a regular member of the Recreation Board
of the City of Cape Canaveral, Florida with a term to expire on October 1, 2007.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of
October, 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Susan Stills, CITY CLERK
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
Burt Bruns
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
City of Cape Canaveral
CITY OF
CAPE CANAVERAL
September 6, 2005
Ms. Connie Trautman
419 Lincoln Ave
Cape Canaveral, FL 32920
Dear Ms. Trautman:
Your term on the Recreation Board expires on October 1, 2005. Please check the
box that indicates your desire to continue to serve on the Board for another 3 -year term
and return this notice to your Board Secretary or the City Clerk. The resolution to re-
appoint you as a Board member is scheduled to appear on the City Council Agenda of
Tuesday, September 20, 2005.
Thank you.
El I DO wish to be considered for reappointment
❑ I DO NOT wish to be considered for reappointment.
)) 2k, (Signature)
Connie Trautman, Member
Sincerely,
r --
Susan Stills, CMC
CITY CLERK
A
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.mvflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
Sep 13 05 03:05p Jacqueline Petre 321-7830342 p.l
City of Cape Canaveral
_10 it v
September 6, 2005
Mr. Gene Petro
8487 Ridgewood Ave
Cape Canaveral, FL 32920
Dear Mr. Petre:
Your term on the Recreation Board expires on October 1, 2005. Please check the
box that indicates your desire to continue to serve on the Board for another 3 -year term
and return this notice to your Board Secretary or the City Clerk. The resolution to re-
appoint you as a Board member is scheduled to appear on the City Council Agenda of
Tuesday, September 20, 2005_
Thank you.
>el
DO wish to be considered for reappointment
iJ I D T wi o ! sidered for reappointment.
(Signature)
Gene Petre, Member
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenuc - Fos( Office box 326 - Cape Canaveral, FL 32920-0326
Telephone- (321) M8.1220 - SUNC:OM: 982-1220 - FAX: (321) 8611-1248
www.myRorid %.o)mlcape - e-mail: ccapccanavcralCPcll.rr.com
Cape Canaveral, FL 32920
Dear Mr. Specht:
;ity of Cape Canaveral
Your term on the Recreation Board expires on October 1, 2005. Please check the
box that indicates your desire to continue to serve on the Board for another 3 -year term
and return this notice to your Board Secretary or the City Clerk. The resolution to re-
appoint you as a Board member is scheduled to appear on the City Council Agenda of
Tuesday, September 20, 2005.
Thank you.
❑ 1 DO wish to be considered for reappointment
I DO NOT wish to be considered for reappointment.
(Signature)
Bil_1yp_e6K, Member
Sincerely,
Susan Stills, CMC
CITY CLERK
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: Regular
Meeting Date: 10-04-05
AGENDA
Heading
Consent
[tem
5
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.
I recommend approval.
Exhibits Attached:
Public Works Director's memo; Contract
City Manage '
Department STORMWATER UTILITY
cape-nt\kim\mydocuments\admin\counciil\meeting\2005\10-09-05\usaservice.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: September 15, 2005
SUBJECT: City Council Agenda Item for October 4, 2005
Street Sweeping Services Contract
To meet the requirements of the National Pollutant Discharge Elimination System (NPDES)
permit, the City of Cape Canaveral (City) previously established a street sweeping program. This
scheduled maintenance program limits pollutants, trash and sand from entering the City's
stormwater system and discharging to the Banana River.
In an effort to lower the cost of street sweeping maintenance, the City and Cocoa Beach joined
forces in 2002. The two cities advertised jointly for Street Sweeping Services, and a contract was
awarded to USA Services of Florida, Inc. (USA). The contract includes street sweeping for both
the City streets and parking lots (including the library) at a cost of $19.51 per curb mile. The
sweeping frequency for the City is once per month; the actual cost per month for the City is
$692.02 (or $8,304.24 annually).
USA's work for the City for the initial three-year contract period has been satisfactory. More so,
the clean-up services performed by USA after three hurricanes last year were excellent. USA has
not requested any change in contracted services as provided within the Contract. The original
joint agreement allows an initial three-year contract period with a maximum of two, one-year
contract extensions. The initial three-year contract period expired on September 30, 2005;
Amendment 1 extends the contract period for one year to September 30, 2006.
Funds have been budgeted within the Stormwater Enterprise Fund. A memorandum from the
City's Stormwater Administrator, Jeff Ratliff, is attached.
Recommend approval of the Cape Canaveral and Cocoa Beach joint Street Sweeping Services
contract with USA Services of Florida, Inc.
Memo
Ta Ed Gardulski, Public Works Director
From: Jeff Ratliff, Stormwater Administrator
Date: September 15, 2005
Re: Agenda item for October 4, Council Meeting — 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. There is
no proposed increase in fees from USA for the upcoming year beginning October 1,
2005.
The service fees are approximately $692.02 per month (total annual amount of
$8,304.24). The City has budgeted $9,000 for these services in FY2005-2006 under
System Maintenance (4610) - Stormwater Fund.
0 Page 1
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
AMENDMENT 1
to
CITIES OF COCOA BEACH & CAPE CANAVERAL
STREETSWEEPING CONTRACT
with
USA SERVICES OF FLORIDA, INC.
Dated August 17, 2005
By Contract executed on October 17, 2002 by and between the City of Cocoa Beach and the City of Cape
Canaveral, know as the "Cities", and USA Services of Florida, known as the "Contractor" witnesseth:
As a result of the Cities' complete satisfaction with the level of service provided by the Contractor, the
Cities wish to amend Article 1 — Term of Contract to allow service to continue for one (1) year until
September 30, 2006. 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, 2005
and this Contract shall continue for a period of one (1) year through September 30,
2006, unless either party chooses to exercise its rights under Article 27 -
Termination. This Contract is renewable in one (1) year increments thereafter if
extended by mutual agreement of all parties no less than thirty (30) days prior to
Contract expiration. The maximum term for this Contract shall be five (5) years with
a final Contract expiration of September 30, 2007.
Furthermore, the Cities wish to update Exhibit A — Scope of Services to reflect new streets and changes
in sweeping frequency of certain curbed areas. An updated Exhibit A — Scope of Services is attached
hereto and by reference, made part hereof.
C:WO-joanieladministration\Program2bperationskO&M aclivities\Streetsweeping\2W5 contracAStreetsweeping amendment 2005.DOC 1
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
IN WITNESS WHEREOF, the parties have executed this Contract as of the day and year first
above written:
CITY OF COCOA BEACH
Attest:
Loredana Kalaghchy, City Clerk
City of Cocoa Beach
Date:
CITY OF CAPE CANAVERAL, FLORIDA
Attest:
Susan Stills, City Clerk
City of Cape Canaveral
Date:
Witness :
By:
Date:
Signature:
Charles Billias, City Manager
City of Cocoa Beach
Date:
Signature:
Bennett Boucher, City Manager
City of Cape Canaveral
Date:
Contractor Signature:
By:
USA Services of Flo da inc.
Date:
C:\OQjoanie\administration\Program2\operations\O&M activities\Streetsweeping\2005 contractStreetsweeping amendment 2005. DOC 2
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
EXHIBIT A - SCOPE OF SERVICES
Overview
The City of Cocoa Beach and the City of Cape Canaveral are neighboring barrier island
municipalities sharing common goals and needs. The goal of this Contract is to secure
street sweeping services that will improve the quality of our waters and the aesthetics of our
streets while minimizing costs through inter -local government resource management.
Although our needs are similar, our size differs. Sections I and II list each City's
requirements and facilities. The Contractor has bid based on the combined requirements
and facilities. Since the goal of this Contract is to remove the street debris that reduces the
quality of our waters, only curbs that are drainage conveyance systems are listed in the
curb miles below. Median curbs graded so as not to receive street drainage are not
included in the curb miles below.
Service Equipment
Service equipment used for the monthly (calendar month) street sweeping must be:
a. a municipal size vacuum type - minimum six (6) cubic yard capacities
b. minimum eight (8) foot sweep path
c. equipped with continuous water spray for dust control
d. registered and insured with the Motor Vehicle Laws of the State of Florida
Back-up support equipment with above specifications must be available in case of
equipment downtime or servicing.
Documentation
A monthly street sweeping Track Sheet is required after each month's (calendar month)
sweeping. The Cities will each furnish a tracking sheet for this purpose. The street
sweeper operator must record information per drainage basin within the Cities. The City of
Cocoa Beach has seven (7) drainage basins within its City limits. The City of Cape
Canaveral has five (5) drainage basins within its City limits. Information must include date,
curb miles swept, sweep hours, volume of debris, water fill stops and dump loads. Street
sweeping Track Sheet must be received by Cities by the tenth (10th) of the month following
the sweep. No payments will be made until the monthly tracking sheet is received and
approved.
C:\00-joanieladministration\Program21operationsl0&M activities\Streetsweeping=5 contracAStreetsweeping amendment 2005.DOC 3
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
Section I City of Cocoa Beach Service Specifications
Sweep Locations
Area Curb Sweep Month
Description Miles Frequency Total
Residential curb miles 41.2 Once/Month 41.2 curb miles
Urban/treed curb miles 27.6 Twice/Month 55.2 curb miles
City Parking Lots 14.13 Once/Month 14.13 curb miles
Total Curb Miles per Month 110.5 curb miles
For areas swept twice per month, the minimum interval between sweeping is ten (10) days.
See Figure I, Cocoa Beach Sweep Location Map and Table I, Cocoa Beach
Streetsweeping List of Curbs for detail.
Dump Site
All debris collected street sweeping must be deposited at the Cocoa Beach Utilities
Complex at 1600 Minutemen Causeway within the City Limits. Dump site is within 5 miles
of all sweep locations. See Figure 1-1, Cocoa Beach Sweep Location Map, for dump site
location.
Sweep Schedule
All sweeping in the residential areas (denoted in yellow in Figure 1-1) must be performed
between 7:00 A.M. and 7:00 P.M, Monday through Saturday. All sweeping in the
commercial, urban areas (denoted in blue in Figure 1-1) must be performed between 12:00
A.M. and 7:00 A.M. No sweeping will occur on holidays. Holidays include New Year's Day,
Fourth of July, Labor Day, Thanksgiving, Christmas Eve and Christmas.
Each month the Contractor will notify the City through either facsimile (321 868-3379),
telephone or voice mail, within forty-eight (48) hours of the start date of the sweep for each
of the two (2) monthly sweeps.
Filling Station
Filling stations for water will be available at locations within the City limits and will be
specified in writing to the Contractor prior to the first contractual sweep.
C:100-joanieladministration\Program2bperabons10&M activitieslStreetsweepingM5 contract\Streetsweeping amendment 2005. DOC 4
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
Section II City of Cape Canaveral Service Specifications
Sweep Locations
Area
Description
Street curb miles
City Parking Lots
Curb Sweep
Miles Frequency
33.8 Once/Month
1.7 Once/Month
Month
Total
33.8 curb miles
7 curb miles
Total Curb Miles per Month 35.5 curb miles
See Figure II, Cape Canaveral Sweep Location Map and Table II, Cape Canaveral
Streetsweeping List of Curbs for details.
Dump Site
All debris collected street sweeping must be deposited at the Cape Canaveral Public Works
Complex within the City Limits. Dump site is within 3 miles of all sweep locations. See
Figure II -1, Cape Canaveral Sweep Location Map, for dump site location.
Sweep Schedule
All sweeping must be performed between 7:00 A.M. and 10:00 P.M, Monday through
Saturday. Accessibility in the residential areas is better at certain times of the day. Each
month the Contractor will notify the City through either facsimile (321799-4980), telephone
or voice mail, within forty-eight (48) hours of the start date of the sweep.
Filling Station
Filling stations for water will be available at locations within the City limits and will be
specified in writing to the Contractor prior to the first contractual sweep.
C:100-joanieWministration\Program2\operabons\0&M activities\Streetsweeping\2005 contradlStreetsweeping amendment 2005.DOC 5
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
C:100-joanieWministrabon\Program2loperationsl0&M activities\Streetsweeping12005 contractlStreetsweeping amendment 2005. DOC
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
T" I - Coos Bach Sb*dwwpft Uid of Curb*
2x oar MorM Curbs
-A ri
St t'i
UmMonth Curbs
Haring
Wakula
Nash
Ocean Beach
N E�a-jra Rwf
E) r ps'xy d Aw �M-
an B -4- h IF',H Nj)a d ion, a
West End
Northshore
Young
S Banana River
sloop
-'�A 1, A jl*;P5� ,ji -Nil
Y d4i
Bougartalea
Palm Road
Pinellas
Crystal River
VA r'd ow
Manatee
Danube River
California
Seminole
LaRmera
Jack
Suff
Deleon
N Banana River
Andros
Chipola
-A ri
St t'i
UmMonth Curbs
Haring
Wakula
Nash
Ocean Beach
Bell
Welts
Barlow
West End
Northshore
Young
S Banana River
Azaela
Hend(ey
Ewat-riha
Bougartalea
Palm Road
Pinellas
Crystal River
VA r'd ow
Manatee
Danube River
California
Seminole
LaRmera
Jack
Suff
Deleon
N Banana River
Andros
Chipola
Shepard
St Cr(A)(
Boca Ciega
Kent
Banana River Road
Aria
Brightwa ers
Commodore
Sunset
IN Osceda
Binni
Colonial
Dorset
Jarnaica
Corona
Carmine
Bah"
Sunnse
Fairview
Bahama
Ramp
Barrello
Brevard Road
St South
hveio
Holiday
St South
E. Leon
Tulip
St S
E. Osceola
Capri
01 & S
E- Gadsden
Curacau
91, St S
E. Ftagler
Cyprus
101 Sl S
Dwe
Formosa
11`" St S
Hernando
41h SM
Habour Circle
Marton
Capri
Cove Oew Cow
Brevad Lane
Minutemen
Rrverfalls
Palm Lane
wnatb
Indian Village
St. Lucie
Blakey
Wilowgreen
Flayer
Den-psey
Couriry Club
F4rway
C:\Miomie\administrabonlProgram2\operafions\0&M activifieskStreetsweeping0005 contracAStreetsweeping amendment 2005DOC 7
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
C:100-joanieladministration\Program2bperabonsl0&M activities\Streetsweeping12005 contracAStreetsweeping amendment
CITIES OF COCOA BEACH & CAPE CANAVERAL
Street Sweeping Services Contract
Table II - Cape Canaveral Streetsweeping List of Curbs
W. Central
Holeman
E. Central
Johnson
Ridgewood
Lincoln
Canaveral
Buchanan
Canaveral Beach
Pierce
Surf
Fillmore
Circle
Taylor
Chandler
Polk
Caroline
Tyler
Rosalind
Harrison
Lindsey
Jackson
Magnolia
Monroe
Orange
Madison
Poinsetta
Jefferson
Church
Adams
Long Point
Washington
Center
Harbor
N. Banana River
S. Coquina
Columbia
N. Coquina
Coral
C:100-joanieladministrationlProgram2\operabons106M activities\Streetsweeping12005 contract\Streetsweeping amendment 2005.DOC 9
Meeting Type: Regular
Meeting Date: 10-04-05
AGENDA
Heading
Ordnances-2"a Reading
item
The Florida Building Code is effective 10-01-05.
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 12-2005 AMENDING CHAPTER 82, ADOPTING THE FLORIDA
BUILDING CODE 2004 EDITION
DEPT/DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT
Requested Action:
City Council consider adoption of Ordinance No. 12-2005 amending Chapter 82, adopting the Florida Building
Code 2004 Edition, as required by Florida Statute.
Summary Explanation & Background:
The Florida Building Code is effective 10-01-05.
I recommend approval.
Exhibits Attached:
Ordinance No. 12-2005; Florida Building Code Comparison 2001 to the New 2004
City Manager'
Department PUBLIC SAFETY/BLDG. DEPT.
cape-nt\kim\mydocuments\admin\council\meeting\2005\10-04-05\12-2005.doc
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ORDINANCE 12-2005
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, VIII 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.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, in accordance with section 553.73, Florida Statutes, the Florida Building Code
has recently undergone a triennial update, which requires review and amendment to local
administrative and technical code revisions; and
WHEREAS, the City Council desires to adopt the latest version of the Florida Building
Code; and
WHEREAS, the City Council desires to repeal those Articles in Chapter 82 relating to
Electrical, Plumbing, Fuel Gas, Mechanical, and Standard Building Codes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 82, Article II entitled Building Code of the Code
of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type
City of Cape Canaveral
Ordinance 12-2005
Page 1 of 4
indicates additions and strikeont type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 82. It is intended that the text in sections Chapter 82
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance).
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
ARTICLE II. BUILDING CODE
Sec. 82-31. Florida Building Code adopted.
The Florida Building Code 2@Off 2004 edition, as may be amended from time to time as
published by the Florida Building Commission, shall be known as the City of Cape Canaveral
Building Code and is hereby adopted by reference and incorporate herein as if fully set out.
(a) (Board of adjustment and appeals.1 The construction board of adjustment and
appeals shall serve as the board of adjustment and appeals for this Code.
(b) f,4ppend�x,4 ad6pte,41 The following appendix te the Refida Building Gode 2001
edition is hereby adopted, Appendix A (Weight of Building Nlatetiats)-.
(be) Wind speed zone: All of the City of Cape Canaveral as described within the City
Charter, Article I, Section 2, is in the wind speed zone of 130 mph, three -second gust.
(cd) Wind exposure category. All of the City of Cape Canaveral as described within the
City Charter, Article 1, Section 2, is in the wind exposure category Exposure "C."
(de) Wind borne debris region. All of the City of Cape Canaveral as described within the
City Charter, Article I, Section 2, is in the wind borne debris region.
ARTICLE IV. COASTAL CONSTRUCTION CODE
Sec. 82-88. Structural requirements for major structures.
(a) Design and construction. Major structures, except for mobile homes, shall be
designed and constructed in accordance with section f 606.Chapter 16 of the building code
adopted in section 82-31 using a three -second gust at 130 miles per hour. Major structures,
except mobile homes, shall also comply with the applicable standards for construction found
City of Cape Canaveral
Ordinance 12-2005
Page 2 of 4
elsewhere in this code.
Sec. 82-89. Design conditions.
Velocity pressure. Major structures, except mobile homes, shall be designed in accordance
with section f 606 Chapter 16 of the building code adopted in this section 82-31.
Section 3. Code Deletion. Chapter 82, Article V, Electrical; Article VI, Plumbing; Article VII,
Fuel Gas; Article VIII, Mechanical; and Article X, Existing Standard Building Code, of the Cape
Canaveral Code of Ordinances are hereby repealed in their entirety.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance 12-2005
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2005.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Burt Bruns
Bob Hoog
Jim Morgan
Rocky Randels
Buzz Petsos
City of Cape Canaveral
Ordinance 12-2005
Page 4 of 4
Against
view Legai AwF
AD#624026-9!24,2005
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. 12-2005
and Ordinance No. 16-2005 in the City Hall
Annex, 111 Polk Avenue, Cape Canaveral,
Florida at 7:00 P.M., on Tuesday, October 4,
2005. The ordinances may be inspected in their
entirety in the City Clerk's office during business
hours (8:30 a.m. to 5:00 p.m., Monday -Friday).
ORDINANCE NO. 12-2005
AN ORDINANCE OF THE CITY COUNCIL 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, VIII 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.
ORDINANCE NO. 16-2005
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ARTICLE VII, SECTION 110-
534, OF THE CODE OF ORDINANCES
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,
OF THE CODE OF ORDINANCES RELATING
TO ENCROACHMENTS; ALLOWING
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 AND RESOLUTIONS;
INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
Pursuant to Section 286.1015, Florida Statutes,
the City hereby advises the public that: If a
person decides to appeal any decision made by
the City Council with respect to any matter
considered at this meeting, that person will
need a record of the proceedings, and for such
purpose that person might need to ensure that
a verbatim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is to be based.
This notice does not constitute consent by the
City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons
with disabilities needing assistance to
participate in any of these proceedings should
contact the City Clerks office (868-1221) 48
hours in advance of the meeting.
Susan Stills, CMC
City Clerk
AD*: 624026
Publication: Florida Today
First Published: 09-24-2005
rage i or i
http://www.flatoday.netilegals/display.htm?CNM=DISPLAY&ld=18738 9/27/200
Meeting Type: Regular
Meeting Date: 10-05-05
AGENDA
Heading
Ordinances -2"d Reading
Item
7
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 16-2005, AMENDING CHAPTER 110, ALLOWING CONVEYOR
BELTS WITHIN SETBACKS IN THE M-1 LIGHT INDUSTRIAL DISTRICT BY
SPECIAL EXCEPTION
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider adoption of Ordinance No. 16-2005, amending Chapter 110, allowing conveyor belts within
setbacks in the M-1 light industrial district by special exception, as recommended by the Planning & Zoning Board.
Summary Explanation & Background:
The Planning & Zoning Board has recommended this ordinance due to the unusual circumstances of a conveyor belt
being constructed in the port and ending up in the City's M-1, industrial area.
I recommend approval.
Exhibits Attached:
Ordinance No. 16-2005; P&Z's memo
City Manager' a
Department GROWTH MGMT/P&Z
cape-nt\kim\mydocuments\admin\council\meeting\2005\10-05-05\16-2005.doc
City of Cape Canaveral
i, 2005
her, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding Proposed
Ordinance to Allow Conveyor Belt Systems and
Encroachments.
--------------------------------------------------------------------------------------------
By unanimous vote the Planning & Zoning Board recommended
approval of the attached proposed ordinance.
Please schedule this item on an upcoming City Council meeting
agenda.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Meeting Type: Planning and
Zoning Board Meeting
Meeting Date: 9/14/05
AGENDA REPORT
PLANNING AN D ZONING BOARD
THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Review and Recommend
Summary Explanation & Background:
Ordinance for Conveyor
to encroach in the setback via a special exception.
Belt Systems as Special
City Planner's Office
Exceptions
Item
Old Business #2
No.
SUBJECT: Allow Conveyor Belt Systems by Special Exception to Encroach into the Setback in M-1
Districts.
DEPT./DIVISION: Building Department
Requested Action:
Review and Recommend to the City Council an ordinance regarding Conveyor Belt Systems encroaching in the setback by special
exception in the M-1 District.
Summary Explanation & Background:
As part of a variance request the Planning and Zoning Board requested staff to prepare language that would allow conveyor belt systems
to encroach in the setback via a special exception.
Exhibits Attached: #1 Proposed Ordinance
City Planner's Office
Department: Building Department
ORDINANCE NO. 16-2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ARTICLE VII,
SECTION 110-534, OF THE CODE OF ORDINANCES
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, OF THE CODE OF
ORDINANCES RELATING TO ENCROACHMENTS;
ALLOWING 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 AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Canaveral Port Authority is a major port on the eastern seaboard and
borders the City of Cape Canaveral; and
WHEREAS, various materials and aggregate shipped to the Canaveral Port Authority must
be transported to the City of Cape Canaveral M-1 Light Industrial and Research and Development
District; and
WHEREAS, transporting the materials and aggregate through the use of conveyor belts may
reduce the need for heavy trucking vehicles within the City and thereby reduce the burden on City
roads; and
WHEREAS, the City desires to allow conveyor belts within setbacks by special exception
in the M-1 Light Industrial and Research and Development District only; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
City of Cape Canaveral
Ordinance No. 16-2005
Page 1 of 4
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st6keout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE VII. DISTRICTS
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-354. Special exceptions permissible by board of adjustment.
(c) Special exceptions may be granted for the following:
Conveyor systems for gooses of moving ag rg_egate and other materials,
subiect to the following:
a. Conveyor systems must be connected and adi acent to Port Canaveral.
b. Conveyor systems crossing the setback must be constructed in a north -
south direction, perpendicular to Port Canaveral.
C. Conveyor systems must be completely enclosed where located within
a setback.
d. Conveyor systems shall not exceed 30 feet in height, where located
City of Cape Canaveral
Ordinance No. 16-2005
Page 2 of 4
within a setback.
e. Conveyor systems in the setbacks shall not be located within 750 feet from
any other existing or approved conveyor system(s)This measurement shall
be drawn as a straight line connecting the conveyor systems.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. SETBACKS
Sec. 110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the
sky, except as follows or as otherwise permitted in this chapter:
16 Conveyor systems may be located within setbacks in the M-1 Light Industrial and
Research and Development District by special exception for purposes of moving aggrregate
and other materials.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
City of Cape Canaveral
Ordinance No. 16-2005
Page 3 of 4
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2005.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Burt Bruns
Bob Hoog
Jim Morgan
Rocky Randels
Buzz Petsos
City of Cape Canaveral
Ordinance No. 16-2005
Page 4 of 4
Against
View Legal Ad# 624026
AD#624026-9!24,2005
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. 12-2005
and Ordinance No. 16-2005 in the City Hall
Annex, 111 Polk Avenue, Cape Canaveral,
Florida at 7:00 P.M., on Tuesday, October 4,
2005. The ordinances may be inspected in their
entirety in the City Clerk's office during business
hours (8:30 a.m. to 5:00 p.m., Monday -Friday).
ORDINANCE NO. 12-2005
AN ORDINANCE OF THE CITY COUNCIL 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, VIII 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.
ORDINANCE NO. 16-2005
AN ORDINANCE OF THE CIN OF CAPE
CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ARTICLE VII, SECTION 110-
534, OF THE CODE OF ORDINANCES
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,
OF THE CODE OF ORDINANCES RELATING
TO ENCROACHMENTS; ALLOWING
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 AND RESOLUTIONS;
INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
Pursuant to Section 286.1015, Florida Statutes,
the City hereby advises the public that: If a
person decides to appeal any decision made by
the City Council with respect to any matter
considered at this meeting, that person will
need a record of the proceedings, and for such
purpose that person might need to ensure that
a verbatim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is to be based.
This notice does not constitute consent by the
City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons
with disabilities needing assistance to
participate in any of these proceedings should
contact the City Clerks office (868-1221) 48
hours in advance of the meeting.
Susan Stills, CMC
City Clerk
AD*: 624026
Publication: Florida Today
First Published: 09-24-2005
Page I of 1
http://www.flatoday.net/lepals/disi)lay.htm?CMD=DISPLAY&Id=18738 9/27/2005
Meeting Type: Regular
Meeting Date: 10-04-05
AGENDA
Healing
Ordinances -1' Reading
[tem
g
No.
Ordinance No. 19-2005
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 19-2006, IMPOSING A (90) DAY MORATORIUM ON SPECIAL
EXCEPTIONS, SECTION 110-334(10), ALLOWING R-2 RESIDENTIAL WITHIN THE
C -I COMMERCIAL ZONING DISTRICT.
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.
Summary Explanation & Background:
See attached ordinance.
Exhihits Attached:
Ordinance No. 19-2005
City Manag ce
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\10-09-05\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 AIA and North Atlantic corridors; and
WHEREAS, the City's C-1 zoning districts are primarily located along the AIA and North
Atlantic corridors; 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
Pagel 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 C-1 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 CA
commercial zoning districts. The moratorium enacted hereunder shall not apply to any application
for a special exception under Section 110-334(10) of the City Code that was filed with the City prior
to September 21, 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.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Burt Bruns
Bob Hoog_
Jim Morgan
Buzz Petsos_
Rocky Randels
City of Cape Canaveral
Ordinance No. 19-2005
Page 3 of 3