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Packet 05-17-2005 Regular
City of Cape Canaveral CITY OF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING Or CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 17, 2005 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Legislative Update, State Representative Bob Allen School District Representative Bea Fowler BOARD INTERVIEWS: Shawn Schaffner, Planning & Zoning Board Harry Pearson, Construction Board of Adjustment and Appeals CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 3, 2005. 2. Resolution No. 2005-15; Reappointing Two Regular Members to the Business and Cultural Development Board (Craig Smith and Elizabeth Foy). 3. Proposal from J & S Curb to Construct Sidewalks on the East Side of Poinsetta Avenue in the amount of $33,665. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 2 of 2 CONSIDERATIONS: 4. Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates to Conduct a GIS Land Use Study in the Amount Not to Exceed $11,000.00. 5. Motion to Approve: Rescind Settlement Agreement with Mermaid Key, LLC. DISCUSSION: 6. Ordinance No. 06-2005: Amending Chapter 110, Clarifying the Intent of R-1, R-2, and R-3 Residential Districts, Preservation of Residential Areas and Prohibiting Transient Commercial Uses. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Presentations Item ] No. N/A AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: LEGISLATIVE UPDATE, STATE REPRESENTIVE BOB ALLEN, DISTRICT 32 DEPT./DIVISION: LEGISLATIVE Requested Action: State Representative Bob Allen, District 32, will provide a legislative update and take questions from City Council and residents. Summary Explanation & Background: N/A Exhibits Attached: N/A City Man / Department LEGISLATIVE `office f% \meeting\2005\05-17-05\allen.doc Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Presentations Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: SCHOOL DISTRICT REPRESENTATIVE BEA FOWLER DEPT./DIVISION: LEGISLATIVE Requested Action: School Board District Representative will provide an update to City Council on the board's activities, and will answer any questions from City Council and the public. Summary Explanation & Background: Presentation only. Exhibits Attached: N/A City Manage ' Department LEGISLATIVE i Cape -n 3m oc ents admi ouncil\meeting\2005\05-17-05\fowler.doc Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Board Interviews Item Exhibits Attached: No. City Man s ce AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INTERVIEW — MR SHAWN SCHAFFNER FOR PLANNING & ZONING BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council interview Mr. Shawn Schaffner as an alternate member of the Planning & Zoning Board. Summary Explanation & Background: Interview only. Exhibits Attached: Memo and application City Man s ce Department LEGISLATIVE cap/ e-ny�rm\m cine in\counci.L\meeting\auuoNuo-ti-ub\interviewscnattner.com City of Cape Canaveral CMW CA.. CAMA oRm Date: August 27, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Appointment of 1st and 2nd Alternate Board Members The Planning & Zoning Board interviewed applicants Shawn Schaffner, and Donald Dunn to fill the 1 st and 2nd alternate Board member openings, at the meeting held on August 25, 2004. Another applicant, Alice Filteau was not available to attend the meeting due to personal reasons (a copy of her letter explaining why she could not attend the meeting and outline of her credentials is attached for your review). Please refer to the attached draft minutes of the interviews. Due to the immediate need to fill the vacancies, the Board unanimously recommended that City Council appoint Shawn Schaffner as 1st Alternate, and Donald Dunn as 2nd Alternate. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 TelenhnnPr (17 1) MR -1220 • STJNCnM- 9R2-1220 • FAX. (32 1) MR -1248 JUL o s zona CITY OF CAPE CANAVERAL "y4,�s" 0 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: shams'^ Sc�^a 2. Home Address: 3. Home Telephone: 4. Occupation: 5c)►-�e s. 5. Business Telephone: 3ZN - 8(08 - SZ\ -4 6. Business Address: SdCP B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)—L (N) (i ✓ (N) (Y)(N) ✓ (Y)(N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent SwnS to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? m ✓ (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? m (N) ✓ 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in servin on a City advisory board or committee: w o J .4 \. e -tom V12- 4 0�--4 " �Cyw --Ys� cga Cc +y ear iL 5 p� n� Gis G w�szw.b .yn ct- cx'm CJS4 ax n.t4 2. Briefly state any prior experiences in serving on any governmental board or committee: go n� eShDzr�eu.crz T 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: As a b�stv\iaa cow .,amu:. �h,, , � �l -L m u encs! A4 iJa.,.1 s"ls ao ci bp"maw4a4P' l 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other. *Members of these boards are required to complete and file with the Supervisor of Eledions a Financial Disdosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while shit a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American ✓ Male Asian -American Female Hispanic -American Not Known Native American V Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: : `AA Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Board Interviews Item Interview only. No. Memo and application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INTERVIEW — MR HARRY PEARSON FOR CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council interview Mr. Harry Pearson as a prospective member of the Construction Board of Adjustments and Appeals. Summary Explanation & Background: Interview only. Exhibits Attached: Memo and application City7MMce Department LEGISLATIVE ca my come council\meet 5\05-17-05\interviewpearson.com City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Construction Board of Adjustment and Appeals Re: Request to Interview Prospective Board Member - Harry Pearson The Construction Board of Adjustments and Appeals last meeting was held on December 2, 2003. As you know, the Board usually meets every few years or so. The Board is in desperate need of additional members. There is currently only four members on this Board. I would suggest that the City Council interview Mr. Pearson to serve as a Board member on the Construction Board of Adjustment and Appeals. Please schedule his interview for the City Council meeting for May 17, 2005. 1 will send a letter to the current Board members and invite them to the meeting. If I can be of further assistance in this matter, please let me know. 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 /o _ 30 Ar» L#. CITY OF CAPE CANAVERAL AJ_'*PUL,., j ION' FOR :Yi ��d`; Tv C17Y 4DV!SCRY BOARD OR COAriMBTTEME Pursuant to Sectun 2-17 s, Cape aLnx eral Code :iiitV t,,t`dc- requires picspecti'Je and existing hoar- 1i embers to Yi11 out an application. City Code adao prohibits a person from serving on a City aboard or Committee if :hat person has beer, convicted of a €eiony, unless their civil rights have been restcared. Please L omplate the fo€lowing A the space pmvid-fed- A. GENERAL Appfii�ant Nam;-, Horne ' X11 4, cc :Upation: E� 1n ne_ Q. ELIC IL?TY T rie i fo ination to serre or: a City advisory board or 4;ornmMee. Are you duly registered 'to vota in i ravard Coun y? { l} �;�� 2. Have ycw' baerl a t`."-.s;us'7t of t.",,e 'City of Cape Car3averai for 12 months or longer? ;N; . 7..a YOL f'r'et be :T: _- nViC EC 0i f0U-" y.li3 y; wless of adjudication, of a felony in anv iurisdiction' Any ilea of nclo contendere (no contest) shall he consfaered a con vicllnn for 'ou } cses of tis tai lection 14 yes to .3,a. nave; your ci'ti lights bear, 4a. UO you Presently senfe on any other City of Cape Canaverai aaviscry boar' or c.)rnmit+ae (YN) 4ir. if yes ;o 4a, Please list ea&-. L. � �Y' �v� _1D C, City cru-41ZIR7,iCS requires teat all persons applying for a City advisory board or committee must voluntarily consent's n to a standard crir+inai background check before being `� 1►l appointed to a board or cr:rnmittee. Dcvolvciuntarh, initiais conserit to Navin, a standard backanaund check performed on you by the City of Capp fraf$ Ca.iu' neral %~1tyunci' / f716(T1DE.'7 by 1;ioCt11 a(jopiLlo"1 or rriaMaty n' CLQ. if files io ^a, piYasa provide name(s) of person; S; and r el atko shin to •ici,' C. 1. Brie- ly state cur interest in serairig un a City advisory board or cornrri:te-_: X f YxVG i V �YY I G. SAey y , CAI& sr'iy tri 6�Jr vi>V vri _{nca :ia s rii; �i }" f,; !';?`"'" }'il �. ti i+ -F s - se- „> g ; any g . ,. ger rd r 2r; lil L:ee: Please list any specialized skiils and training (e.g., arcnitec:, argireer, general contractor, etc.) that you feel i?, ip to qualify you for members,hip or.:; ie des'., -ad board cr U 14) )1) le �, Y Siu la3?ca1 segLience ll = Trrost !Maras-_Qd), please ran?, 'which adviscr-f board or committee on which you wish io serve., Boar: of A(Jfl_;strnent Business and, Cuitural Deve opment &-ard Cowie Enforcement Board- .. Com,imunity A pearanca Scard' C o,7 s ;on eclan ! cI ¢:.did ,s+r* art anr� lncgairt* g. UlDrary Board '�. Planning and 'Zoning _'cart'• Cll iGt *Mernters of tt)ese boards are requh-ed is cornpiete and Re fvizr, ti -e Superviscr of 0Z 1=:nanyrr T+iarrP�,c�rrin :-r+rrrr fiPon a,C)pointfi'ent to sziid .' oait:V and x;or 11C, J1 d/ i.1 eac'ii y.--.ai fr ,>±n �t t,.., *!?o in%ii�! � -n. t t^]cinf n �rio rff�j a rn,o ri•ehaf• nY' Com(('( ��'%��l D. STATIE REPORTING REQUIREMENTS. oaction 60.81 , Rodda Statutes, Tequires that he City annually submit a raport to the Secretari of State disclosing race, gender and phvsicai disabiiities of board and committee isiern ers. !"ease check 'he appropriate t= -.s: RACt GE'4DER A1"ncnn- riser, -an Male Asian-Atner'cran Female Hispanic,American ^yc4 Knc,, n Native Caaijcasaar. DISABILITY Not Known YOU IHE.REBY RLPIESE-N 1i 'TO i e;E C -71-i C7 :.r^.F "L PERJlJWi(, THAT THE iNFORMATIO ' HERZEN IS TRUE AjtirD. ACCURATE TC HE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CAkNAVERAL HAS TSE RCiGHT TO RELY ON THAT INFORMATION. YOU' HER B .AL"i: ,iOWLEDGE THE EXiSTE'NCE OF THE CODE OF ETHICS FOR PLIB .iG - FiCERS [SECTIONS 112.31 ,3266. FLORIDA STATUTES] AND THE FL©R!CA "SUNSHINE" ".AW" (SECTION 286.!011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLZ-ASE NOTE: Initial appointment to any City �.oard is subjeVt to City Councii approval following a brief interview before the City Council at a regularly scheduled meeting. Your application will remain effective for orae year from the state of cc froietgon. if yo" ji('cUdl .-ave ... s y�« � ..�. :C �Fi' iii_ .." „ moi �"''1+"� ., ;4i.�� fir,', y;�i{r g�tn nl-enZe Please return to: CityofCape last: a i "yi : vr%B iJi^ u ie �1iy vr-i2i it 105 Polk Avenue Cape Caravei a1 Por,d'a ?292Q I For Office Use Oniy.- Data Appointed: Appointed by:_ Board Appoinis-�4, Term Expires.- CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 3, 2005 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Absent: Council Member Others Present: City Manager City Attorney Assistant City Clerk City Treasurer Building Official City Planner PRESENTATION: MINUTES Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Steve Miller Bennett Boucher Anthony Garganese Virginia Haas Andrea Bowers Todd Morley Todd Peetz Business and Cultural Development Board - Business Recognition Elizabeth Foy, Business & Cultural Development Board Chairperson, presented Communications Concepts, Inc., the first Quarterly Business Recognition Award. Mr. Van Dyke received a Key to the City on behalf of Communications Concept. Spring Single -Family Beautification Award Mrs. Judy Hale, Beautification Board, awarded the Spring Family Beautification Award to Ms. Babette Henkle of 321 Coral Drive in Harbor Heights. CONSENT AGENDA: City Council Regular Meeting Minutes of April 19, 2005. City of Cape Canaveral, Florida City Council Regular Meeting May 3, 2005 Page 2 of 5 2. Proclamation for Civility Month. 3. Resolution No. 2005-12; Appointing One Regular Member to the Construction Board of Adjustments and Appeals. (Don Bergherm) 4. Resolution No. 2005-13; Reappointing One Regular Member to the Community Appearance Board. (Walter Bowman) (Removed from Consideration) 5. Resolution No. 2005-14; Appointing One Regular Member and One Alternate Member to the Planning & Zoning Board. (Alice Filteau and Donald Dunn) Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. Mayor Randels noted that consent agenda item number 4 was removed from consideration by the applicant. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items 1, 2, 3 and 5. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 6. Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates to Conduct a Residential Inventory of Developed and Vacant Land in the Amount of $11,000.00. Mr. Petsos noted that the Council had tabled this item until a full Council was present. Mr. Boucher pointed out that Mr. Miller is now the acting Building Official for Cocoa Beach and was not in attendance tonight. Mr. Boucher noted that Cocoa Beach recently lowered their density and he has asked Mr. Miller to bring forth information regarding how it has affected their community. Council discussed whether the task given to the Planning & Zoning Board was in order to lower the density or as a planning tool. Mr. Morgan and Mr. Petsos noted that they were against the study to lower the density. Ms. Bea McNeely responded to Mayor Randels that the request was generated from Mr. Petsos. Mr. Petsos stressed concern about the re -development in the City and believes the study needs to be completed. Mr. Peetz replied that the study can be used for the evaluation and appraisal report (EAR) process and the traffic study to justify additional access roads. Mr. Peetz responded to Mayor Randels that the comprehensive plan review doesn't occur for another two years. Mr. Boucher noted that money would be budgeted in 2006 for the entire comprehensive plan review. Council would approve of the study if used as a planning tool in modifying the comprehensive plan. Mr. Peetz stated that the study database is updated as projects are approved. Council requested to table item 6 until the May 17, 2005 City Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting May 3, 2005 Page 3 of 5 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to table the proposal from Todd Peetz of Miller Legg and Associates to conduct a residential inventory of developed and vacant land in the amount not to exceed $11,000. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS: 7. Motion to Approve: Revised Site Plan for Portside Villas to Add Entrance Security Gates. Attorney Garganese swore in all persons giving testimony. Mr. John Wilt, Allen Engineering, explained that the guard house has been removed and security gates added to the entrance. He continued that striping was added on the entrance way to focus traffic. Mr. Wilt responded that traffic issues were discussed at the Planning & Zoning Board Meeting and there is a proposed turn lane northbound and a deceleration lane southbound. He noted the peak hour turning movements of 29 vehicles. The proposed stacking distance is 50 feet and the Department of Transportation only requires 25 feet. Mayor Randels asked if there could be a resident gate. Mr. Wilt responded that there is 20 feet available for another car to pass through. Mr. Wilt responded to Mr. Morgan that if the gate was moved toward the project, it would create a problem with the turn around lane. It was clarified that the residents will enter the gates using a push button activator. Council requested that the security gate arms remain off until improvements are made on North Atlantic. Mr. Boucher specified that the road improvements include all of the North Atlantic widening improvements, or the current project. A motion was made by Mr. Morgan and seconded by Mr. Petsos to approve the revised site plan for Portside Villas to add entrance security gates with the provision that the gates shall remain open until the widening improvements occur on North Atlantic Ave. (Solana Lake, Inc. Road Widening Project) . The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. AUDIENCE TO BE HEARD: • Mayor Randels read a letter from Mr. Frank Kuhns regarding the time allotment for the audience to be heard. • Mr. Glen Petit, President, Treasure Island Condos, expressed disappointment with the settlement agreement regarding Greene Development's removal of trees. Mr. Boucher responded that St. Johns River Water Management is investigating the removal of the mangroves. • Mr. Frank Kuhns requested that a representative from the Sheriffs Department be in attendance at the May 17, 2005 City Council Meeting. City of Cape Canaveral, Florida City Council Regular Meeting May 3, 2005 Page 4 of 5 REPORTS: 1. City Manager • Mr. Boucher reported that Bea Fowler will give a School Board update at the May 17, 2005 City Council Meeting. • Mr. Boucher reported that the budget schedule is out. • Mr. Boucher reported that Don Haynes has offered the old wooden Jamieson house on his property at the end of Oak Lane and asked if there was any interest in moving it to Manatee Sanctuary Park. Mr. Boucher will investigate the cost of moving the house and speak with the State of Florida about relocating it to Manatee Sanctuary Park. • Mr. Boucher reported that he would be working with the other beachside communities to form a coalition to compel Port Canaveral to stop off -shore dumping of the gaming ships and to seek a change in the law. • Mr. Boucher reported that plans are being finalized for the official trip to Portugal. Council agreed that Mayor Randels should be present to represent the City of Cape Canaveral. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to expend City funds to allow Mayor Randels to officially visit Portugal. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 2. Staff City Attorney, Anthony Garganese • Attorney Garganese reported that Bell South was sent a letter advising them to relocate the utility lines. • Attorney Garganese reported on the status of the Interlocal Agreement with the School Board for use of the Cape View Elementary Property. • Attorney Garganese reported that a draft vacation rental ordinance will be ready by the end of the week for the City Manager's review. • Attorney Garganese suggested keeping an eye on the growth management lobbying. 3. City Council Council Member Buzz Petsos • Mr. Petsos inquired about the beach re -nourishment project. Mr. Boucher responded that a meeting is scheduled for tomorrow at 8 a.m. in the annex and the sand fence project will begin sometime next week at Johnson Avenue. • Mr. Petsos inquired about the mitigation for trees from Cape Caribe. Council Member Jim Morgan • Mr. Morgan asked about comfort stations offered by emergency management. Mr. Boucher is looking into staging ice and water at one of the Port Canaveral facilities. Mayor Pro Tem Bob Hoog • No Report City of Cape Canaveral, Florida City Council Regular Meeting May 3, 2005 Page 5 of 5 Mayor Rocky Randels • Mayor Randels reported that Mr. Bill Young, Day Development, contributed $835 to the Parks and Recreation Department for the purchase of 2 trash receptacles for placement in the pavilion at Manatee Sanctuary Park. • Mayor Randels requested if additional copies of the League of Women Voters 2005 Contact brochures could be obtained for new residents. • Mayor Randels recently attended a meeting discussing future plans for the Jet Propulsion Laboratory at Kennedy Space Center. • Mayor Randels announced that Brevard County has free recycled paint. • Mayor Randels reported that Freedom 7 Elementary School has been named an International Baccalaureate Primary Years Programme School. • Mayor Randels reported that Brevard County ranked number 1 in Florida for top sites for businesses. • Mayor Randels reported $143,000 in impact fees is available for North Atlantic roadway improvements. • Mayor Randels reported on his recent testimony on behalf of Florida Power and Light at the Florida Public Service Commission and future expectations. • Mayor Randels read a recent newspaper article where a suspect was caught by returning to the scene of a crime and looking for his missing wallet. ADJOURNMENT: There being no further business the meeting adjourned at 9:10 p.m. Rocky Randels, MAYOR Virginia Haas, Assistant City Clerk Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2005-15, REAPPOINTING TWO REGULAR MEMBERS TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2005-15, reappointing Elizabeth Foy and Craig Smith as regular members of the Business & Cultural Development Board. Summary Explanation & Background: Ms. Foy's term will expire on June 1, 2007 and Mr. Smith's term will expire on June 1, 2008. I recommend approval. Exhibits Attached: Resolution No. 2005-15 City Manager! _- # ce Department LEGISLATIVE cape -n y ocume in\ \meering\2005 \u5 -17-u5 \ZUU5-15. cioc RESOLUTION NO. 2005-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING TWO REGULAR MEMBERS TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-27 created a Board known as the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re -appoint (2) regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Craig Smith is hereby re -appointed as a regular member of the Business and Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2008. SECTION 1. Elizabeth Foy is hereby re -appointed as a regular member of the Business and Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of May, 2005. SIGNATURE PAGE FOLLOWS: City of Cape Canaveral, Florida Resolution No. 2005-15 Page 2 ATTEST: Rocky Randels, MAYOR Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY Y:\CityClk\Resolutions\BOARDS\Reappointments\2005\BCDB 2005-15.doc FOR AGAINST MAY -10-2005 TUE 11:59 AM CoastalFuelsMarketingIne 19046339233 P. 01 May 6, 2005 Craig Smith 602 Shorewood Dr. A204 Cape Canaveral, FL 32920 Dear Mr. Smith: Your term on the Business and Cultural Development Board expires on June 1, 2005. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to your Board secretary or the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, May 17, 2005. Thank you. C—W-1 DO wish to be considered for reappointment. 7 9 1 DO NOT wish to be considered for reappointment. � (Signature) Busin s & Cultural Development Board Sincerely, Susan Stills, CMC CITY CLERK May -06-06 01:66P Cit of Ca a Canavaral 821 868-1248 P.o2 City of Cape Canaveral May 06, 2005 Elizabeth Foy 125 W. Leon Lane Cape Canaveral, FL 32920 Dear Ms. Foy: Your term on the Business and Cultural Development Board expires on June 1, 2005. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to your Board secretary or the City Cie The resolution to reappoint Board members is scheduled to appear on the City Council Agenda of Tuesday, May 17, 2005. Thank you. * I DO wish to be considered for reappointment. O 1 DO NOT wish to be considered for reappointment. (Signature) Business & Cultural Develo ment Board Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avcnuc - Ptin Ofiicc Box 326. - Cape C:auavcral. FL 32920.0326 ']i-lcphunc: (321) 868. • SUNCOM: 982-1220 - FAX: (321) 868-1248 www.,oyllc+ridz.comlcapc - c-nwit ccnpccanavcral0dI.rccom 2 -Cl E6t'6-E8L- T ZE A11P338 10-13WUO I eAdniW30 Wd81 : Z G002 90 AdW Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Consent Item 3 No. The proposed sidewalks will fill in the gaps that currently exist on Poinsetta Avenue. This will provide a north -south AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL FROM J&S CURB TO CONSTRUCT SIDEWALKS ON THE EAST SIDE OF POINSETTA AVENUE DEPT./DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider approval of a proposal from J&S Curb to construct approximately 1,600 linear feet of four - foot sidewalk on the east side of Poinsetta Avenue in the amount of $33,665 as recommended by the public works director. Summary Explanation & Background: This is a budgeted item. The proposed sidewalks will fill in the gaps that currently exist on Poinsetta Avenue. This will provide a north -south walkway connecting to the library, recreation center, police department and city hall. I recommend approval. Exhibits Attached: J&S Curb Proposal City Manager's Office �, Department PUBLIC WORKS/STREETS cape- im\mydo uments council\meets 2005\05-17-05\j&s.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works, irector DATE: May 4, 2005 SUBJECT: City Council Agenda Item for May 17th 2005 Eastside of Poinsetta Ave Sidewalk Construction, J & S Curb On August 7 h, 2001 City Council awarded the Bid 01-04 to the J&S Curb as the City of Cape Canaveral annual concrete contractor. As part of the budgeted Prime Path Sidewalk plan, the Eastside of Poinsetta Avenue is scheduled to for construction. None of this project consists of property that is undeveloped; hence City Ordinance 08-2003 will not require any "Notice" to the property owner to recover City of Cape Canaveral cost. The project is within the scope of the City's Prime Path goal established in 1994. Attached is a copy of the City's Prime Path sidewalk plans. Capital Funds have been budgeted in the amount of $30,000. The City received a written quote from J&S Curb in the amount of $33.665. This project is about 1,600 linear feet of 4 -foot sidewalk (6,400 sq ft) @ $4.85 per sq. ft. for the sum of $31,040. The addition of handicap ramps for the sum of $2,625. Total Project cost $33,665. J&S Curb has performed work for the City of Cape Canaveral. For example, this company did a great job on the Circle K & Oak Lane beautification project, sidewalk along the Washington Avenue and the decorative pedway at Bennix Park. Recommend the construction of the Poinsetta Sidewalk Project by J&S Curb for the amount of $33,665 wave the City's building permit fee and appropriation of additional funds. Attachments cc: File d & N CurblConorete Ino. 17©7 Elm St. .%w" D A"kredfire, M SZ955 "1-"2-6355 ( Rhone 521-694-5744 (Far) NAMEIADDRESS City of Cape Camoveral Ed Gardulski $68.1240 799-4980 r rISLOn LeOYIU 311-U34-5744 Pr02 RECEIVED MM 05 2W5 Estimate DATE ESTIMATE NO. (2812005 406 PROJECT ttdswalk DESCRIPTION UNIT PRICE QTY TOTAL Grading, Forma pour 4' 6141W.00 4.85 $1,040.00 sldarink 1600 LF ■ 6400 SF Handicap ramps 525.00 5 2,625.00 Fast Side of road TOTAL $$$,665.00 SIGNATURE CITY OF CAPE CANAVERAL 2P"4-05 FISCAL YEAR BUDGET C -:RAL FUND - STREET 001-7-541. CODE J DESCRIPTION 4610 BUILDING & GROUNDS MAINTENANCE 5100 OFFICE SUPPLIES 5230 UNIFORMS & SHOES 5250 SMALL TOOLS 5320 TRAFFIC LIGHT REPAIRS 5400 MEMBERSHIPS & TRAINING CAPITAL EXPENSES: DETAILED JUSTIFICATION REPAIRS AND MAINTENANCE TO THE CITY BUILDINGS AND GROUNDS- THESE INCLUDE CITY HALL, THE ANNEX, VARIOUS PARKS. BASEBALL FIELD AND YOUTH CENTER. OFFI('F ci iDDI SCC - UNIFORM SERVICE AND SAFE" SHOES FOR EMPLOYEES ,P _y._ HAND AND ELECTRIC TOOLS. REPAIRS TO TRAFFIC SIGNAI-S• REGISTRATION FEES FOR VOCATIONAL SEMINAR AND TRAINING/RESOURCE MANUALS FOR EMPLOYEES. 6400 MACHINERY & EQUIPMENT BUSH HOG REPLACEMENT TOMMY LIFT FOR VEHICLE BAND SAW BEACH UTILITY VEHICLE SERVER FOR PUBLIC WORKS (1/2) 36 $ 3,500 2,500 1,200 9,000 3,000 $ 19,200 0 `" v D X A CAC FD c ;ur 0c -i R Oc Z� v� rn__ D2 m z '�f Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Considerations Item 4 No. memo from Todd Peetz. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL TO CONDUCT A GIS LAND USE STUDY DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of a proposal to conduct a GIS land use study in an amount not to exceed $11,000 by Todd Peetz, City Planner. Summary Explanation & Background: This item was tabled by City Council on 05-03-05. This is not a budgeted item; funds will have to be appropriated from the general fund contingency. See attached memo from Todd Peetz. Please advise. Exhibits Attached: Todd Peetz memo dated 05-06-05 City Mana ce -�" Department GROWTH MGMT/P&Z 501 ca m\m oc n\council\me ng\2005\05-17-05\GIS.doc Memorandum To: Bennett Boucher, City Manager From: Todd Peetz, City Planner Cc: Todd Morley, Building Official Date: May 6, 2005 Subject: GIS Land Use Study As we have discussed, pursuant to the direction from the Planning and Zoning Board and from discussion and clarification at the City Council's 5/3/05 meeting for the proposed land use study. The Geographical Information System (GIS) land use study is to be used as a tool to evaluate existing conditions. The land use study would be used to catalog parcels and parcel sizes, the existing land uses types, where they are located, identify density and intensity and calculate units and acreage. This will be the first time we will be able to generate a map that can show how the City has developed other than calling it simply residential or commercial. In addition, this information will be extremely useful for both the Evaluation and Appraisal Report and with ongoing traffic discussions to help identify needs. This project would be the first big step in working towards getting other City services and facilities on a GIS map. Those services or layers could include, water, sewer, reuse water, drainage, roads, manholes, hydrants, street trees, parks, sidewalks, trails, wetlands, floodplains and a host of other potential issues/layers. The cost to do the GIS land use study is estimated at $11,000 at an hourly fee not to exceed the estimated amount. Once established the idea is to add the new developments to maintain the file as a permanent resource. Cost estimates for the other layers will be provided in the near future. Those costs will be in a menu type format for the Council to pick and choose which layers they would like to fund if any? If you have questions, feel free to contact me at 407-629-8880. Meeting Type: Regular Meeting Date: 05-17-05 AGENDA Heading Considerations Item 5 No. Therefore, I am requesting City Council rescind their offer and this matter will be addressed with the Code AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RESCIND SETTLEMENT AGREEMENT WITH MERMAID KEY, LLC. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council rescind the settlement agreement with Mermaid Key, LLC. Summary Explanation & Background: City Council proposed the attached settlement agreement at their 04-19-05 meeting. Mr. Greene states in the attached correspondence of 05-06-05, "I am sorry but I cannot agree or sign this agreement", and he outlines his reasons. Therefore, I am requesting City Council rescind their offer and this matter will be addressed with the Code Enforcement Board. Exhibits Attached: Greene International's letter dated 05-06-05; Proposed Settlement Agreement City Manager's ffice Department LEGISLATIVE cap m\my oc nt in\counci ng\2005\05-17-05\greene.doc MRY-G6-201-5(FRl) 16:39 P.002/003 CrIMENE INTERNMIONAL Residential and (lommercral l nperti) ngpelclipl. G4rel!lic ixrra:atir�ivau�. � t�ri�:rntiw�u, For the attention of: Mr. Todd Morley Senior wilding Inspector City of Cape Canaveral io5 Polk Ave Cape Canaveral Fl 32920 May 6, 2oo5 Dear Todd. I have now had the opportunity to listen to the proceedings of the City Council meeting on 19th April 2oo5 when the seWerneut agreement with regard the above project was discussed. I have also received a draft settlement agreement from the city's attorneys. I am sorry but I cannot agree or sign this agreement. What I am being asked to agree to in this agreement doesn't have any relevance as to what was discussed. Unfortunately, I was unable to attend that council meeting as on our way there we heard that my father-in-law had suddenly died. Bill Gibson represented us perfectly, in fact, he was more agreeable to items than I would have been. In the agreement it mentions continually that we come under the land -clearing moratorium. A, you are aware, going back to November/December 2004 in previous meetings and as it was agreed right at the beginning of this meeting, that we are ngl Rall 2fjbk moratar =, Fcut4er, we are not laud clearing but merely removing noxious evasive trees, in order for us to fence the property and make it safe. I find it amazing that the unintentional falling of one 4 -inch. dbh oak tree and removal of various rodent infested palm trees has created such a furor and such a knee. jerk reaction, particularly when you and the City Council have the knowledge of what we Lope to put on this property in the fature. In the meeting Bill Gibson agreed to plant another 3 oak tree's ON OLiR PROPERTY (malting S in total) and I will certainly agree to that and will do it within 14 days of your written confirmation that this is acceptable. World Headquarters,: 5604 North AL-.-ndcAvenue, Cncna Beach, Hlorida 32131 USA Tel: 321-799-0799 Fax: 321-799-01'91 Email: greeneC"?�reerteintertc�tiun:il.cuna Mces also in England acid Wailes 14HY -!J6-- 2""-C S ( FRI .) IFS : 10 At that time we wish to immediately move forward and we would appreciate your additional written co-afirmation tbat Mermaid Key LLC can continue to. - 1.. Remove the remainder of the noxious/evasive trees and mulch them. 2. Allow us to mintinue to hand clear the perimeter and under the canopy of the oak trees of uwdouss trees. 3. Remove the previmis dumped rubble, construction material, homeless remnant materials and garbage. 4. Iss ae us our fence permit so the perimeter boundaries can be secured and made safe. I tnist you have received your copy of the letter for St. John's Water Authority cOnfinning that they don't have any objectioD to us doing the above work If this is acceptable, we will complete the removal on Phase Ii (the 7.,5 acre portion) within 3o days and complete Phase I (the 2.7 acre partiou) in 6o days of Your written agi,eement (weather peraiitting). Mermaid Key LJC agrees not to assign or transfer this agreement and will agree to hold the City of Cape Canaveral harmless and agree not to issue legal pro,'-,eedings against the City, if the City liku.-Mse reciprocally agrees, obviously as long as the above is completed in the above time frame., vVe trust this will finalize this matter and allow its all to move forward with new exciting projects. Sirt President P'.003/003 This instrument prepared by and should be returned to: Anthony A. Garganese, Esq, City Attorney of Cape Canaveral Brown, Garganese, Weiss & D'Agresta P.A. P.O. Box 2873 Orlando, FL 32802-2873 BINDING SETTLEMENT AGREEMENT THIS BINDING SETTLEMENT AGREEMENT (hereinafter referred to as the "Settlement Agreement"), is made and entered into this day of , 2005, by and between THE CITY OF CAPE CANAVERAL, a Florida Municipal Corporation (hereinafter referred to as "City"), and MERMAID KEY, LLC, a Florida limited liability company, (hereinafter referred to as "Mermaid Key"). WHEREAS, Mermaid Key owns certain real property located within the City of Cape Canaveral, Florida, identified as parcel number 24-37-15-00-00753.1-0000.00 ("Subject Property"); and WHEREAS, Mermaid Key intends to develop the Subject Property in the future; and WHEREAS, Mermaid Key contacted the City Building Official regarding Mermaid Key's intention to remove certain noxious/invasive tree species from the Subject Property; and WHEREAS, the Building Official notified Mermaid Key that a land clearing moratorium was currently in effect pursuant to Ordinance 02-2005, which prohibits the clearing of native and/or protected tree species; and WHEREAS, Mermaid Key indicated that it fully understood and intended to comply with the provisions of the land clearing moratorium; and WHEREAS, the Building Official authorized Mermaid Key to clear noxious/invasive tree species from the Subject Property; and WHEREAS, on March 10, 2005, the Building Official performed a routine inspection of the Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 1 of 7 Subject Property in furtherance of ensuring compliance with his previous authorization and discovered that several native and/or protected trees had recently been removed in violation of the land clearing moratorium ("the protected trees"); and WHEREAS, subsequent to the inspection, the Building Official prepared an Inspection Report dated March 11, 2005 which evidences the total diameter at breast height ("DBH") of the protected trees removed from the Subject Property to be 106 inches; and WHEREAS, Mermaid Key admits to erroneously removing the protected trees in violation of the land clearing moratorium; and WHEREAS, on April 19, 2005, Mermaid Key advised the City Council it was willing to remediate its removal of the protected trees and settle any potential code enforcement violations against it in lieu of the City instituting code enforcement action and expending valuable resources embroiled in time-consuming code enforcement proceedings; and WHEREAS, Mermaid Key has alreadyplanted two (2) oak trees on the Subject Property and desires to immediately provide additional replacement trees to the City to be planted at Manatee Sanctuary Park in order to immediately remediate the code violation and to replace a benefit currently enjoyed by the citizens of Cape Canaveral; and WHEREAS, Mermaid Key acknowledges and agrees that landscaping on the Subject Property will be required when the Subject Property is permitted for development; and WHEREAS, the City and Mermaid Key believe it to be in the best interests of both parties to enter into this Settlement Agreement for the replacement of the protected trees pursuant to the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party, the parties agree as follows: 1.0 Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference. 2.0 Real Property. The real property subject to this Settlement Agreement is identified as parcel number 24-37-15-00-00753.1-0000.00 and is legally described and depicted in EXHIBIT Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 2 of 7 "A," which is attached hereto and fully incorporated herein by this reference ("Subject Property") 3.0 Mermaid Key to City. Mermaid Key agrees as follows: 3.1 Tree Replacement Requirements. As of the effective date of this Settlement Agreement, Mermaid Key has already planted two (2) live oak trees on the Subject Property. Such trees shall be subject to the City of Cape Canaveral Tree Preservation and Landscaping Code. Within thirty (3 0) days of the effective date of this Settlement Agreement, Mermaid Key shall, at its expense, install an additional three (3) live oak trees of no less than 5 and one-half (5.5) inches DBH each, for planting within the City of Cape Canaveral's Manatee Sanctuary Park. The quality of the trees shall be acceptable to the City. 3.2 Minimum Tree Replacement. This Settlement Agreement in no way affects Mermaid Key's obligation, upon future development of the Subject Property, to abide by the City Code's requirements regarding minimum tree replacement for the Subject Property. Specifically, in addition to the terms and conditions set forth in this Settlement Agreement, Mermaid Key must adhere to any guidelines in the City Code regarding the minimum number of trees required to be replaced for every acre of land developed before the City will issue a certificate of occupancy. This paragraph shall survive termination of this Settlement Agreement, 4.0 City to Mermaid Key. The City agrees as follows: 4.1 Location ofReplacement Trees. The City Manager, at his discretion, shall determine suitable locations within Manatee Sanctuary Park for the replacement trees to be planted. The maintenance of such trees shall be the responsibility of the City. 4.2 City Shall Not Prosecute. The City shall not prosecute Mermaid Key for the removal of the protected trees from the Subject Property as long as Mermaid Key satisfies its obligations under the terms and conditions of this Settlement Agreement, including, but not limited to, the full completion of the tree replacement requirements, as set forth in paragraph 3.1. 4.3 Building Permits. The City shall not issue any building permit for any development on the Subject Property until Mermaid Key has and completed the tree replacement requirements set forth in paragraph 3.1. 5.0 Default by Mermaid Key_. Failure of Mermaid Key to perform each and every one of its obligations hereunder shall constitute a default, entitling the City to pursue whatever remedies Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 3 of 7 are available to it under Florida law or equity including, without limitation, an action for specific performance and/or injunctive relief or, alternatively, the termination of this Settlement Agreement. Prior to filing any action or terminating this Settlement Agreement as a result of Mermaid Key's default under this Settlement Agreement, the City shall first provide Mermaid Key with written notice of said default. Upon receipt of said notice, Mermaid Key shall be provided ten (10) calendar days in which to cure the default to the City's complete satisfaction. If the City elects to terminate this Agreement, Mermaid Key shall lose all rights and privileges under this Settlement Agreement. The City shall have the right to prosecute Mermaid Key for removal of the protected trees to the fullest extent of the law, including, but not limited to, prosecution in any tribunal or court of competent jurisdiction or by prosecution through code enforcement proceedings. Upon successful prosecution by the City, the City shall have the right to impose a lien on the Subject Property, pursuant to Chapter 162, Florida Statutes and the City Code, for Mermaid Key's failure to fully comply with or complete its obligations under this Settlement Agreement. 6.0 Interpretation. This Settlement Agreement has been fully negotiated in an arm's length transaction and it shall not be construed against any party. No party has been coerced in any manner to execute this Settlement Agreement and each party has had the opportunity to employ legal counsel and seek the advice from such counsel with respect to this Settlement Agreement, its obligations, terms and implications. As a result, it is the intent of the parties that no portion of this Settlement Agreement shall be interpreted more harshly against either of the parties as the drafter. 7.0 Severability. If any provision of this Settlement Agreement is declared or deemed invalid, unenforceable or unlawful by any tribunal or court of competent jurisdiction, such provision shall be deemed automatically modified to conform to the requirements for validity as declared at the time, and as so modified, shall be deemed a provision of this Settlement Agreement as though originally included herein. In the event that the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted and withdrawn from this Settlement Agreement as though the provision had never been included herein. At which time, the City may choose to allow this Settlement Agreement to remain in full force and effect ifthe severed provisions do not reduce the benefits the City is required to receive hereunder. If the severed provisions reduce the benefits the City is required to receive hereunder, Mermaid Key agrees to compensate the City to make up for the reduced benefit. 8.0 Entire Agreement. This Settlement Agreement represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either oral or written, and all such matters shall be deemed merged into this Settlement Agreement. Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 4 of 7 9.0 Modifications. This Settlement Agreement may only be modified, altered or amended, in whole or in part, by a written instrument setting forth such changes and signed by all parties hereto and, where applicable, their respective counsel. 10.0 Notices. Any notice, request, instruction, or other document to be given as part of this Settlement Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepared, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile, email, or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which anypartyhereto shall have given written notice as provided herein): TO THE CITY: City Manager 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1230 (Phone) (321) 868-1248 (Fax) WITH A COPY TO: Anthony A. Garganese, City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 (Phone) (407) 425-9596 (Fax) TO MERMAID KEY: Martin Greene, President Mermaid Key, LLC 5604 North Atlantic Ave. Cocoa Beach, FL 32931 (321) 799-0799 (Phone) (321) 799-0791 (Fax) 11.0 Jurisdiction; Venue. This Settlement Agreement shall be construed and enforced pursuant to the laws of the State of Florida. Exclusive venue for any dispute arising regarding this Settlement Agreement or any alleged breach thereof shall be in a court of competent jurisdiction in Brevard County, Florida. If any dispute concerning this Agreement arises under Federal law, the Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 5 of 7 venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 12.0 Sovereign Immunity. Nothing herein is intended to waive the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other applicable law. 13.0 Assignment. This Settlement Agreement shall not be assigned or transferred by Mermaid Key without the express, written consent of the City Council of the City of Cape Canaveral. 14.0 Attorneys Fees. The parties agree to bear their own attorneys' fees, costs and expenses resulting or incurred in connection with this Settlement Agreement. IN WITNESS WHEREOF, the parties have executed this Settlement Agreement as of the date first written above. ATTEST: : CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor WITNESSES: MERMAID KEY, LLC, a Florida limited liability company, Lo MARTIN GREENE, President Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 6 of 7 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2005, by MARTIN GREENE, as President of MERMAID KEY, LLC, a Florida limited liability company[ ] who is personally known to me, or[ ] who has produced as identification. (SEAL) NOTARY PUBLIC, State of Florida My commission expires: Binding Settlement Agreement City of Cape Canaveral — Mermaid Key, LLC Page 7 of 7 Brevara Uounty Property Apprer-- Online Real Estate Property Card * 1 rp�0 w rte' > .°'y �� •� 1 �.<. Home [Meet JimFordl [Appraiser's JoblF[ AQ] [General Infol [Save Our Home] [Exemptions] [Tangible Prooertvl [Contact Us] Locations rForms rApppais [Property Research] rMap Search] IMaps & Datal [Unusable Prolertvlflax Authoritiesl Frax Facts [Economic Indicators) [Office Audio [What's New Linksj [Press Releases] [Tax Estimatgr] General Parcel Information for 24-37-15-00-00753.1-0000.00 arcel Id: 24-37-15-00-00753.1- Map Millage 26G0 Lxe ption: Use Code: 0000.00 Code: ❑ Site �— Page 1 of 2 ss: _ IlAccount: 112430843 * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: Second Name- MERMAID KEY LLC Third Name: $0 Mailing Address: --] 5604 N ATLANTIC Homestead Exemption: AVE City, State, COCOA BCH, FL Zi code: 32931 Value Summary for 2004 ** Market Value: 1 $567,000 Agricultural Assessment: $0 Assessed Value: $567,000 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $567,000 Legal Description PART OF GOVT LOT 4 DESC AS THE "NORTH PARCEL" WITHIN ORB 5315 PG 1000 Land Information Acres: -j 7.33 Site Code: - 11 Land Value: $567,000 ** This is the value established for ad valorem purposes in accordance with s.193.01 l(l) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Sale Sale Deed *** Sales Screening *** Sales Book/Page Date Amount Type Code Screening Source Vacant/Improved 5316/4102 6/2004 $4,200,000 ® PT �� V 5315/1000 S/2004 $2,875,100 ® PT � V -7 V 3760/0298 11/1997 $100 PT 3219/1535 17/1992 $882,000 FP—T7���� I EXHIBIT "A" file://C:\Documents and Settings\klatorre\Local Settings\Temporary Internet Files\OLKE7\... 4/7/2005 Brevard Uounty Property Appraiser— Online Real Estate Property Card Page 2 of 2 *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information Tax information is also available at the Brevard County Tax Collector's web site (Select the back button to return to the Property Appraiser's web site) Home [Meet JimFordl [Appraiser's Job] F[ AOl [General in [Save Our Homes] [Exemptions] ffangible Properly] [Contact Us j Locations Forms [Appeals fProperty Researach [Map Searchl [Maps & Dotal [Unusable PropeV] Frrax Authodties ff-ax Factsl [Economic IndicatoW rOf ge Audit] [What's New [Links] [Press Releases] [Tax Estimator) Copyright Q 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results file://C:\Documents and Settings\klatorre\Local Settings\Temporary Internet Files\OLKE7\... 4/7/2005 Page 1 of 1 http://www.brevardpropertyappraiser. com/temp/graFrame2005O4O7l2 l 8217966.html 4/7/2005 Meeting Type: kegular Meeting Date: 05-17-05 AGENDA REPORT AGENDA Heading Discussion Item 6 No. The next step would be for the Planning & Zoning Board to review and make a recommendation on this proposed CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: AMENDING CHAPTER 110, CLARIFYING THE INTENT OF R-1, R-2 AND R-3 RESIDENTIAL DISTRICTS; PRESERVATION OF RESIDENTIAL AREAS; AND'PROHIBITING TRANSIENT COMMERCIAL USES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council review and comment on proposed Ordinance No. 06-2005, clarifying the intent of R-1, R-2 and R-3 Residential Districts, providing for the preservation of residential areas and prohibiting transient commercial uses in residential dwelling units for periods of less than (7) days. Summary Explanation & Background: This is a discussion item only. The next step would be for the Planning & Zoning Board to review and make a recommendation on this proposed ordinance. Exhibits Attached: Ordinance No. 06-2005 City Mana Office Department LEGISLATIVE T1P m.rin n.• in\council\me 2005\05-17-05\06-2005.doc ORDINANCE NO. 06-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2, AND R-3 RESIDENTIAL ZONING DISTRICTS; CREATING A NEW DIVISION REGARDING THE PRESERVATION OF RESIDENTIAL AREAS; PROHIBITING TRANSIENT COMMERCIAL USES SUCH AS BED AND BREAKFASTS, HOSTELS, HOTELS, INNS, LODGINGS, MOTELS, OR RESORTS IN RESIDENTIAL DWELLING UNITS FOR PERIODS OF LESS THAN SEVEN (7) CONSECUTIVE CALENDAR DAYS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING; 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 maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape City of Cape Canaveral Ordinance No. 06-2005 Page 1 of 6 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 strikeoat 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 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and overpopulation, to promote the permanent residency of single families and to enhance and maintain the residential character and integrity of the area. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation to promote the permanent residency of families, and to enhance and maintain the residential character and integrity of the area DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 06-2005 Page 2 of 6 Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation to promote the permanent residency of families, and to enhance and maintain the residential character and integrity of the area ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION S. SWIMMING POOLS Secs. 110-585-110-589. Reserved. DIVISION 9. PRESERVING RESIDENTIAL AREAS Sec. 110-590. Intent. It is the intent of this division to promote and protect residential development that is free from congestion and overpopulation to promote the permanent residency of families and to enhance and maintain the residential character and integrity of residential areas This division is intended to apply within the City's residential zoning districts including the R-1 R-2 and R-3 zoning districts Sec. 110-591. One family per residential dwelling unit. Each residential dwelling unit shall not be occupied by more than one family. Sec. 110-592. Transient commercial use prohibited. (a) For purposes of this section, "transient commercial use" shall mean the rental or use of a residential dwelling unit as a bed and breakfast hostel hotel inn lodging motel resort or other transient lodging uses for compensation money, rent or other bargained for consideration given in return for occupancy, possession or use of the residential dwelling unit. (b) The transient commercial use of a residential dwelling unit for less than seven (7) consecutive calendar days is prohibited. City of Cape Canaveral Ordinance No. 06-2005 Page 3 of 6 Sec. 110-593. Violation. It is unlawful for any person to use or allow the use of a residential dwelling unit in violation of this division and for any agent real estate broker, real estate sales agent property manager, reservation service or otherwise to arrange or negotiate for the use of a residential dwelling unit in violation of this division. Section 3. Conforming Amendments. The following conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel.prohibited. DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; City of Cape Canaveral Ordinance No. 06-2005 Page 4 of 6 (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dvvelling unit tentais of iess than seven days ate expressly -prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; 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 City of Cape Canaveral Ordinance No. 06-2005 Page 5 of 6 remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2005. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: 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 Bob Hoog Jim Morgan_ Rocky Randels Buzz Petsos Steve Miller City of Cape Canaveral Ordinance No. 06-2005 Page 6 of 6