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Home My WebLink AboutPacket 10-19-2010 RegularCALL TO ORDER: City of Cape Canaveral CITY COUNCIL MEETING '4AVER,dei L LIBRARY MEETING ROOM k Avenue, Cape Canaveral, Florida Tueisda October 19, 2�010 7':00 PM lue, F-INTAIT M31 Proclamation designating the week of October 17 - 23, 2010 as Florida City Government Week Proclamation, clesignatingi the week of October 30 — November 6, 2010 as Week of the Family in Brevard W"MMAZ Port Canaveral Marketing and Community Outreach — Senior Director of Communications and Community Affairs Rosalind Harvey l IT* an amm am Ims a I M- a z REPORTS: City Attorney 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920,-0326 Felephone: (321) 868-1220 w Fax: (321) 868-1248 www,cit-yofcapecanaveral.org - email: ccapecanaveral@cfl.rr.coni City ofCape Canaveral. Florida October 19, 2010 Page 2 of 4 Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their coo 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. VIRMA,ll Approve Regular City Council Meeting Minutes of October 6, 2009 November 17, 2009, December 1, 2009 and October 5, 2010. 2. Approve a Special Alcohol Exemption Permit for Karen Fauilkenberry for Family Reuinion at Manatee Sanctuary Park on November 13, 2010i. 3. Approve Resolution No. 2010�21-, Florida, Authorizing the Inclusion of The City Of Cape Canaveral in the 20!10 Update Of The Brevard Prepares Local Mitigation Strategy Plan; Providing For An Effective Date. r Approve Resolution No. 2010-29; Reappointing a Regulia Boar em er to the Beautification Board, Bradley J.P. Varuska "W". 5. Approve Resolution No. 2010-30; Appointing an Alternate Board Member to the Library Board, Dr, Tim Grady. 6. Approve Locall Agency Program (LAP) Supplemental Agreement No. 1 for Additional Funds in the Amount of $249,174.00 for the Ridgewood Avenue Improvements Project. 7. Motion to Adopt: Ordinance No.00101, Adopting Amendments to t , Cape Canaveral Comprehensive Plan Based on the Evaluation a 01 Appraisal Report ("EAR"); Providing for the Repeal of Inconsiste Ordinances and Resolutions, Incorporation in the Comprehensive Pla L 0 egal Status of the Comprehensive Plan Amendments, Severab�ility, a an Effective Date, at Second Reading. 8. Motion to Adopt: Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior "ape Canaveral, Florida R 20 10 )f4 I Inconsistent Ordinances, and Resolutions; Incorporation into the Code; Severability, and an Effective Date, at Second Reading, 9Motion to Adopt: Ordinance No. 13-2010, Amending Chapter 11M 'W Amusements and Entertainments, of the Code of Ordinances; Reguli ati Outdoor Entertainment Events� Providing for the Repeal" of Pri I Inconsistent Cirdinances and Resolutions; Incorporation into the Cod Severabiility; and an Effective ate, at Second Reading. MWEM , Lv'&LOM�Woi 10. Motion to Approve: Resolution No. 2010-22, revising City Code Appendlix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article 111. 11. Approve the second amendment to the Bincling Development Agreeme and Motion to Approve: Resolution No. 20110-31, providing for the divisi of a tract of land owned by Martin Marietta Materials, Inc., Generally I located on Challenger Road in Cape, Canaveral, Florida and legally described herein, two (2) lots of record; providing for the repeal of prior inconsistent Resolutions, Severability; and an effective date, 12. Motion to Approve: Ordinance No. 15-2010, adopting the amendments th i e Annual General Fund, Sewer Enterprise Fun, Stormwater Utility Fun Special Revenue Funds, and Expendable Trust Funds Budgets for t Fiscal Yeaginnin20 r beg October 1, 09, and ending September 30, 201 providi:nig for an effective date, I 13. Motion to Approve: Ordinance No. 16-10 0, amending Chapter 74, Traffm an Vehicles, of the Cape Canaveral Code of Ordinances to express,, prohibit the stopping, standing or parkin�g of vehicle on any portion of right-of-way, whether improved or unimproved-, providing for the repeal prior inconsistent Ordinances and Resolutions-, incorporation into th Co, Severailiity; and an effectivte. I debe da lip] I �0 1 , PROW0110,11111111MEN-1 . 14. Discussion of City Code Section 110-486 — Resort Dwellings, Resorl Condominiums; Non -Conforming, Use Status, and Expiration. 1b �ap��oouvcr L Ruhdm l0\20l8 f4 Discussion of City Code Chapter 54, Article I (P,arks and Recreation) to enable Beach Vending Franchises. Pursuant to Section 286D105, Fl:dda Statutes, the City hereby advises, the public that: If person decdmo to appeal any decision made bythe City Council with respect to any matter considered at this meeting, that person MI 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 appeaf is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmfssilble or irrelevant evidence, nor does kauthorize challenges orappeals not otherwise allowed by|aw. Persons with disabilities needing assistance to participate inany ofthese proceedings should contact the City Clerk's office (868-1221)4Bhours inadvance nfthe meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2011, Subject: Proclamation Designating the Week of October 17 - 23, 2010 as Florida City Government Week. Department: Legislative Suimmary: Florida City Government Week is October 17 through 23, 2010. The Florid'a League of Cities encourages every city to take an active part in promoting itself througih civic education by speaking to schools and civic grou�ps, hosting open houses at their city halls or reaching out to civic clubs and' community organizatio�ns to explain their city structure and function. Following tradition, the City of Cape Canaveral is issuing a Proclamation supporting Florida City Government Week, Additionally, Cape View Elementary is working with the Parks & Recreation Department and School Resource Officer Clefis Jones to coordinate activities for the students that week. Requested Council Action: Read Proclamation into the Record. Financial Impact: No impact Reviewed by City Treasurer: Andrea Bowers 'Pate: 10 5 jj�a Attachments: 7 Proclamation, e-mail from The Florida League of Cities and e-mail from Cape View Elementary Submitting Department Head: Angela M:. Appers6—n _4�_—Date:09-29-1 0 011 - Approved by City MAqager. David L. Greene Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain WHEREAS, City government is the government closest to most citizens, and tht; *nei with the most direct daily impact up�oni, its residents,, and WHEREAS., City government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and NMQQ M- = - W - - W M I MR11MAT.V! !1 0 saiIijIgEll LZI I Ell I 0 101 a g 12 1 a L, 0 11 Z Rgi In. 1 11 WHEREAS, this week offers an important opportunity to spread the word to al� citizens of Florida that they can shape and influence this branch of government whiich is closest to the, people; and WHEREAS, the Florida League of Cities, and 'its member cities have joi�n 6 together to teach students and other citizens about municipal government throughil. variety of different projects and information; and I WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Mayor, of the City of Cape Caniave Brevard County, Roirida, do hereby proclaim that the week of October 17 — 23, 20110 designated as and that the City of Cape Canaveral does encourage all citizens, city governme officials and employees to do everything possible to ensure that this week 'is recogniz and celebrated accordingly and that the City encourage eduicational partnershi between City government and schools. i Ange[a Apperson From: FLC E -News Blast [estreeter@flcities.com] Sent: Tuesday, September 07, 2010 10:04 AM To: Angela Apperson Subject,: Florida City Government Week: October 17-23, 2010 Attachments: 2010 FCGW Packet for Cfties.doc ***Please revieii) this inaterial and share it with your Publicinf6rination Officer"" This year's Florida City Governinent Week is October 17-23, 2010 and the Florida League of Cities wants to encourage every city to take an active part in promoting their city through civic education. This is a great opportunity to speak to schools and civic groups, host an open house at city hall, or reach out to civic clubs and community organizations to explain your city's structure and function. Florida City Government Week is part of an ongoing effort sponsored by the Florida League of Cities to raise public awareness about the services cities perform and to educate the public on how city government works. Cities are encouraged to involve their local schools, businesses, media and civic clubs in planning City Government Week activities. Through Florida City Governnient Week, the League hopes to heighten the public's awareness of city government's role in enhancing the quality of life in communities. This plarming packet includes low cost ideas for celebrating the week. Also enclosed are Media and PR Tips, a sample press release, a sample letter -to -the -editor and sample resolution for your use. A summary and evaluation fonn is also included to assist you in reporting on your city's activities back to the League. If you have questions, or to submit your photos for use in an upcoming article on Florida City Government Week, please contact: Sharon Berrian Associate Director, Public Affairs 800-616-1513 x3660 sbcrrjanL�flcitjes.conn ()Zcy Wilt Ivt From: Keane.,Jilla@Brovardschools.org Sent: Thursday, September 30, 2010 9: 7 AM To: Angela Apperson cc: Blount.Pam0a@Brevardschools.org; Rice,Andrea@Brevardschoo,is.org; CapeViewElem- Al ITea chers@Breva rd schools, o rg Subject City Governement Week Angela, We have been discussing what field trips we would like to do for the week of Oct. 18"' — Oct. 22" for each grade level. • Kindergarten will have the opportunity to learn about city government through a software program called Brain Pop Jr. in our media center. • First Grade would like to visit the Cape Canaveral Post Office / lunch at Manatee Park • Second Grade would like to visit the Fire Dept. at the Port (they really loved that last year) Mr. Brian Dennison worked with us on scheduling that. • Third Grade would love to visit the Chamber & Parks and Recreation Center and do some type of mach government activity. Didn't know if we could have the Mayor talk to them as well. • Fourth grade would like to visit Port Authority Jetty Park ® Fifth grade would like to take a trip to the Viera Court house for a juvenile court hearing. (Our School Resource Officer Jones) ® Sixth would like take a trip to the Dump We are working with Fran and Robert LeFevre at the Parks and Rec. Dept to schedule these opportunities. Our School Resource Officer (Cletis Jones) will help to schedule the courthouse visit to Viera for fifth grade. Jill Keane IIgy R)'ooseveh Lrn,ufl: Kan e."i I I(L�)brevard schools. org Due to Florida's broad public records law, most written communications to or from government employees regarding public education are public records. Therefore, this e-mail communication may be subject to public disclosure. 0 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 . ......... ......................... Subject: Proclamation desiginating the, week of October 30 - November 6, 2010 as Week of the Family in Brevard Departmen.t.: Legislative . . . ......... ..... Summary: In the past, The City of Cape Canaveral has issued proclamations supporting efforts in the community to strengthen family relationships between children and their parents-, previously known as Florida Family Week. The Church of Jesus Christ of Latter-day Saints is now proposing a joint effort to establish a new tradition of declaring the Week of the Family in Brevard. This year Governor Charlie Crist has designated October 30th through! November 61h as the Week of the Family. . . ........... . Requested Council Action: Read Proclamation into the Record. . .... .......... Financial Impact: No impact Reviewed by City Date: 0 Treasurer: Andrea Bowers .. . ............. Attachments: Proclamation, letter of request from, The Church of Jesus Christ of Latter-day Saints . . . ....... . . - . .... . ...... Submitting Council Member: Rocky Randers Date: 10-04-10 Approved by City Manager: David L. Greene Date: 1,t91q110 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain WHEREAS, America's character begins in the home, where children learn the proper standards of conduct and valiues; and WHEREAS, families provide childrenwith the encouragement, supp, .?.nd love they need to become confident, compassionate, and successif members of the society; and I WHEREAS, we must work together to promote and preserve the health and security of our families by upholding the timeless values sustained in our society; and WHEREAS, by working together to strengthen our families, we build P-4 nation of hope and opportunity for all; and I I WHEREAS, parents should be the most prominent and' active figures in their children's lives, recognizing that by spending moogether, they can develop positive and open relationshiips with their children that will allow them to better engage their children and encourage them to make positive choices. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City th of Cape Canaveral, Brevard County, Florida do hereby proclaim October 30 ' through November 6 th , 20�10 as the ?nd ges all residents to spend quality time with family members to strengthen relationships between parents and their children V31111111�r.= Mayor Rocky Randels 308 Central Blvd Cape Canaveral�,','FL 32920 Dear Mayor Ra els, On behalf of The Church of Jesus Christ of Latter-day Saints Cocoa Florida Stake we propose a joint effort to establish a new tradition of declaring the Week of the Family in our community. In 2005, Governor Jleb Bush and the Florida State legislature designated November as Family Month in the state of Florida. Since then Brevard County and municipalities throughout Brevard have issued proclamations declaring November is Family Month. This year Governor Charlie Crilst has designated October 30 through November 6 as the Week of the Family. In keeping with the spirit of our past cooperation, we offer the fbillowing suggestions for Week of the Family in Brevard. In our experience these simple actions can have a dramatic impact on families living in our community. We hope you will consider them as valuable tools to promote family as the fundamental unit of society: 1) Issue a Week of the Family in Brevard proclamation (sample attached), 2) Send us a copy of your prodamation, 3) Schedule one or miore Week of the Family in Brevard events or programs to be held in your area. 4) Recommend Monday evening be free olf'meet�ingsi or events and encourage parents to •edicate t at night toward family activities and discussions in the home. 5) Display a Week of the, Family in Brevard poster within your jurisdiction to help local families become keenly aware of yoursupport. i) SIII*fff 6r* -y s,W- activities to mdunn49@cfI.rr.com or jdiebel@qtsusa.com to be posted on Brevard.weekofthefamilly.org. We look forward, in earnest, to participating with you as we strive to improve our community and strengthen the family through good, wholesome activities and discussions, Always willing to be of service, we hope you wiIll contact us as needs arise in the community. J�bffiie D. Humphreys cocoa Florida Stake President The Church of Jesus Christ of Latter-day Saints 460 Carriage Road Satellite Beach, Florida 32937 1-11: 321/779-9967 E-mail: jd'eeh@aol.com City of Cape Canaveral City Council" Agenda Form City CouncilMieetingDate: 10/19/2010 Subject: "State of the Port" — Rosalind Harvey, Senior Director of Communications and Community Affairs Department: Legislative Summary: Council Member Shannon Roberts has noted at several City Council Meetings that Rosalind Harvey, Senior Director of Communications and Community Affairs would be making a presentation regarding the "State of the Port"'. Ms. Roberts believes Ms. Harvey's Marketing and Outreach Presentation will be most informative and relevant to the City's Visioning efforts. Below is a brief excerpt on Ms. Harvey's recent promotion at Port Canaveral. The Canaveral Port Authority has announced the promotion of Rosalind Harvey to Senior Director of Communications and Community Affairs. "Rosalind's leadership, determination, and professionalism have been instrumental in helping our organization to progress to the next level in the community and in the maritime industry," says J. Stanley "Stan" Payne, Chief Executive Officer of Port Canaveral. "She brings innovation and passion in alll her efforts to enhance and advance Port Canaveral." Harvey joined the Canaveral' Port Authority 10 years ago as an Assistant Director of Public Relations. I'n 2004, she was promoted to Director of Communications. In her new expanded position, she becomes a part of the, Senior Committee. Harvey is a former print and broadcast journalist with a Master's Degree from Northwestern University and a Bachelor's Degree in Communications from North Carolina A&T State University. She serves on the Public Relations Committee of the American Association of Port Authorities and is a past President of the Space Coast Chapter of the Florida Public Relations Association, Requested Council Action: Receive the presentation Financial Impact: None Reviewed b City Treasurer., Andrea Bowers Date: IOJJ�o Attachments: Request For Speaker form Submitting Council Member: Shannon Roberts Date: 9/29/10 Approved by City Manager: David L. Greene Date: 10/ 5//,D J City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain A00""41111iii, Communications P.0 Box 267 llli�willlli� Cape Canaveral, FL 32920 CANAVERAL Phone: (321) 783-7831 POHT AUTHORITY Fax: (321) 783-3748 IT -To V9w1J3414&.'W AM01V 712012607 (tdf) REQUESTO�R'S NAME TITLE 'DATE Shannon Roberts City Council Member _29-201 0 COMPANY I AFFILIATION I GROUP City of Cape Canavera6 RECUES1CR'S TELEPHONE REQUESTOR'S FAX EMAIIL ADDRESS 321-868-1220/1230 321-868-1248 esrobertscfl.rr.com BEST METHOD OF COMMUNICATION Ell Telephone ❑Fax rw1 Email 'other EVENT NAME I LOCATION! (example: Board MeetogX:ocoa Beach Area Chamber of Commerce) EVENT DATE Cape Canaveral Regular City Council Meeting 10-19-2010 EVENT ADDRESS 201 Polk Avenue CITY FOODlREERESHMENTS SERVED Cape Canaveral, FL 32920 Yes El No El Refreshments Only SPECIAL DIRECTIONS I INSTRUCTIONS (Where to park, what entrance to use, etc,) Cape Canaveral Public Library Meeting Room/North and West Entrance EVENT START TIME EVEN "r END 'TIME SPEAKING TIME SPEAKING LENGTH (.e. 20 minutest AUDpENCE SIZE 7:00 p.m. 9-.00 P.M. 7:00 20 minutes 20 or more AUDIENCE PROFILE (Please describe the group that wN be addressed I a civic group, grade school: class, chamber group, condo association, general public, etc City Council Meeting attendees EMERGENCY CONTACT'S NAME (If different thea... above) EMERGENCY CONTACT'S PHONE Angela Apperson, City Clerk 20/1221 TOPIC(S) OF INTEREST (check ali that apply) ❑ General Overview 0 Recreation 0 Tenant &Property Development Cruise EJ security ED Environment Cargo r7l Foreign Trade Zone El Other Marketing approach and M Business Developments F-1 Port I-listory u community outreach HANDOUT MATERIALS REQUESTED 0 Literature / Brochures Quantity El Promotional items Quantity EQUIPMENT AVAILABLE TO SPEAKER AT EVENT (check all that apply) Lectern F71 TV/DVD PowerPoint Projector& Screen Microphone TVIVCR El overhead Projector & Screen E] Easel(s) ❑ Electric / Generator Power El screen aniy ,SCHEDULED SPEAKER CIE SPEAKER FULFILL SPEAKING ENGAGEMENT? 0 Yes ❑ No IF NO, EXPLAIN WHY NOT AUDIENCE FEEDBACK (attach evaluation forms) 712012607 (tdf) City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 PRESENTATIONS Subject: Dog Park Presentation Department: Parks & Recreation Summary: Proposed Dog Park will consist of .90 acres located at the southwest corner of Manatee Park. The Park will be presented with 3 options. Option 1 will consist of the Dog Park with separate areas for small dogs and large dogs. Option 2 will consist of the Park along with a proposed 8 space parking lot and walkway to the Park. Option 3 will consist of a unisex restroom facility with an exterior drinking fountain. The Dog Park and the identified location is in direct line with the Envision Cape Canaveral Report that Council unanimously accepted on January 19, 2010. It will move the City one step closer to becoming a walkable, bikable, sustainable community. The Park will be a showcase area for people to socialize, meet new friends and bring their dogs. The proposed Dog Park gets its name from the first dog to travel into space, "Laika Dog Park". We feel that the history behind the name along with the beauty of the Park will attract people from all over and will get national attention. The Park will consist of (2) 20x20 covered pavilions with picnic tables complementing the existing pavilions already at Manatee Park, decorative benches, combination drinking fountains for people and dogs, a 20x20 block paved entry with the option to have a donation program started with the blocks, decorative entry signage, bronze sculpture of "Laika", an educational kiosk, a walking trail along the perimeter and beautiful landscaping. The large dog area will be .65 acres and the small dog area will be .25 acres. Materials for the Park will be funded by a private citizen volunteer group identified as Friends of Laika Dog Park. The private group will also participate in some of the actual construction such as landscaping. They will also share in overseeing some of the daily activities at the Park. The proposed Park has been approved by the Florida Communities Trust (FCT) and the Florida Recreation Development Assistance Program (FRDAP), funding organizations for Manatee Park. The Recreation Board supported the park in a 3-2 vote at its September 28th meeting. Requested Council Action: Motion to support Option 3 which includes Dog Park at Manatee Park with a parking lot and restroom facility to be completed in 3 phases. Financial Impact: Costs are attached Reviewed by City Treasurer: Andrea Bowers lb4,Dl Date: 10/12/10 Attachments: Conceptual Drafts, Drainage Plans, SSA Design and Build Costs, Pla more Dog Park Costs, Kate Latore E-mail, Sample Rules. Submitting Department Head: Robert Lefever Date: 10/12/10 Approved by City Manager: David L. Greene 01--x Date: 10/12/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Staff recognizes that the Friends of Laika Dog Park will be contributing their time and efforts to help keep the Park looking its' best, but at the end of the day it will be the responsibility of the City to maintain its Park. The Park will be insured at no additional cost to the City. It will not pose any additional liability, as the same principles of Liability and Sovereign Immunity apply to dog parks as to any other public park. Dog owners will use the Park at their own risk and are responsible for their dog(s). The Park will have proper signage per the American Kennel Club. Staff recommends that the City Council approve the Dog Park with all 3 options, to be constructed in 3 phases. Engineering, design, and build costs as quoted by SSA: • Phase I — Dog Park Construction $54,100.60 • Phase 11— Parking Area Construction $19,584.50 • Phase III -- Restroom Facility and Construction $42,003.50 TOTAL ENGINEERING, DESIGN, AND BUILD COSTS $115,688.60 Dog Park materials to be funded by Friends of Laika Dog Park: Phase I: • Fencing $13,320.00 • Sod $644.00 • Landscaping $2,500.00 • ADA Drinking Fountains with Pet Option $9,618.00 • Park Signage and Dog Waste Receptacles $2,378.00 • Trash Receptacles and Park Benches 5-631.00 TOTAL PHASE I COSTS $34,091.00 Phase II: • Pavilions and Kiosk $41,805.60 • Picnic Tables $8,154.00 • Landscaping $2,500.00 TOTAL PHASE II COSTS $52,459.60 TOTAL MATERIAL COSTS $86,550.60 Costs to the City for the design build phases would come from Reserves in the General Fund. The amount would depend on the option chosen. There is $28,085.00 in Reserves designated for Manatee Park. Using these designated funds towards Phase I will leave $26,015.60 to come out of Reserves from the General Fund to get the Park started. Friends of Laika Dog Park will be responsible for all Dog Park material costs. The City will not begin any design build construction until a firm financial commitment is made by the Friends of Laika Dog Park for Phase I in the amount of $34,091.00 or the equivalent in confirmed donated materials. The City recognizes that the materials can be purchased in phases. 0 "I � d Ao 177.6' k Large Dog Area ! \ 0.65 Ac. Proposed Relocated Pedway 20'x20' Pavilions w/ 4 Picnic Tables Ea. Double Gates For Each Area I I. CO 0 m Elf 0 w z z CO 0 It m 0 . � / �JEJ 178.4' V -Proposed 6 Car Parking Area. This Can Be Increased To 8 If *6 Trees Are Removed From Vegetation Buffer. Existing Pedway Trail To Be Relocab Proposed Relocated Pedway Tr 20'x20* Dog Park Enterance Aron 20*x20' Pavilions w/ 4 Picnic Tables Ea. Proposed Pond Area Large Dog Area 0.65 Ac. L mail Dog Area 0.25 Ac. C3 I r-) I 108.2 y _�s i07 Aw� \r -Proposed 12' x 12' Bathroom Location #1 Proposed Relocated .............. .. . . . . .. Exercise Stations O O Existing Pedway Trail To Be Relocated O Proposed Relocated Pedway Trail #2 Proposed Relocated Pedwoy Trail#1— Proposed 12 x 12 ............. El0 Bathroom Location #2 20'x20' Dog Park Enteronce Area -i 20'x20' Pavilions wl 4 Picnic Tables Ea. Proposed Pond Area O O O O %,r C co .he LM CU LL Q > m c a u (a cu cu(D M CL �U V %,r Stottler Stagg & Associates I, Architects, Engineers, Planners, Inc. Engineers Probable Construction Costs for the Advanced Preparation of Laika Dog Park during the Manatee Park Improvement Project September 28, 2010 Unit Description QTY Unit Price Amount Design Division Total $10,000.00 General Construction Operations MOBILIZATION 1 I LS 1 2000.001 $2,000.00 Division Total '"�"J°•"" ieanng construction Site :LEAR NG AND GRUBBING 11 LS 1 1000.00 $1,000.01 - RELOCATION OF: EXISTING EXERCISE:STATIONS *" 1 LS 2000001$2;000:01 1EMOVAL OF EXISTING PEDWAY 11 LS 1 20U0.001 $2,000.01 liviston Total $5,000.01 Earthwork & Related Operations *** F1L L FOR LOW `AREAS :**` :1600 CY .5.00 $8,000:00 Division Total IPI I,VVV.VV Base Courses iN A I N F NEW PEDWA ASPHALT 120 Y 5.00 OD. Division Total $600.00 SODDINGI 3221 SY 1 2.00 $644.00 WATER FOUNTAINS 3 EAJ 700.001 $2,100.00 ATICIPATED DRAINAGE PIPE EXTENSIONS 1 LS 10000.00 $10,000.00 WATER LINE EXTENSION. 1 LS 5000,001 $5,000.00 Division Iotai w •�� *`*.D.ENOTES THAT THIr PRICE MAY Bt,. EREDUC 17 DERENOING QN LAKE CONS5tkfdTION CONDITIONS SUB -TOTAL $47,044.00 CONTINGENCY @ 15% $ 7,056.60 TOTAL $54,100.60 Notes: Any opinion of the construction cost prepared by Stottler, Stagg & Associates (SSA) represents its judgment as a design professional and is supplied for the general guidance of the client since SSA has no control over the cost of labor and material or over competitive bidding or market conditions. SSA does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the client. PREPARED BY: Stottler, Stagg & Associates Date: CERTIFICATION OF AUTHORIZATION NO. 762_ For Client Information Only BY: Sign: P-109-0019 Manatee Park Stormwater Permit\Dog ParklDog Park Cost Estimate City Council Version.xls Page 1 of 2 e A ` September 28, 2010 Qt RE: Engineers Probable Construction Costs for the Early Preparation of Laika Dog Park at Manatee Park The following site construction estimate of probable costs, for the Laika Dog Park, reflects those Manatee Park improvements necessary to construct the Laika facility. The Manatee construction is anticipated to include the following items: • Removal of select vegetation • f=ill for Manatee Park low areas • Site grading and southern swale development • Anticipated drainage • Relocation of segments of the existing pedway and two exercise stations • Potential for a Manatee Park permit modification with the SJRWMD • Construction of a potable water line for public fountain and dogs • Sodding of exposed soils • Engineering and survey And a contingency The actual Laika Dog Park construction will be a result of specific plans addressing park elements and will be in addition to the following, S O F'F LEER S'''t'`GG 8. AiS 34.;.ATz. .`i:Zl l ' C i i L IN .0 s ii iti M90 Ror`fli A.tl: ndcAvmue P. C. Box 1630 C<pe Canaveral, Florida?, 2CI "'Cl 3''1 z.jr.{AAi::tYOj29 4EBWf )762 Stottler Stagg & Associates Architects, Engineers, Planners, Inc, Engineers Probable Construction Costs for the Preparation of Laika Dog Park during the Manatee Park Improvement Project October 11, 2010 Unit Description QTY Unit Price Amount ADDENDUM NO.2 - Parking Area Construction General Construction Operations MOBILIZATION 111S 1 2000.001 $2,000.00 STAKED SILT FENCE 100 LF 1 2.00 $200.00 Division Total $2,200.00 Clearing Construction Site CLEARING AND GRUBBING :: 11 LS 1 1000.00. $1.000.00 REMOVAL OF EXISTING TREES. 1 LS 1000.00 1.000.00 Base Courses INSTALLATION , F NEW PARKING LOT CRUSHED GRANITE 5601 CY L 10.00 5,600.00 Division Total $5,600.00 Incidental Construction Division Total SUB -TOTAL $17,030.00 CONTINGENCY @ 15% $ 2,554.50 TOTAL $19,584.50 Notes: Any opinion of the construction cost prepared by Stottler, Stagg & Associates (SSA) represents ifs judgment as a design professional and is supplied for the general guidance of the client since SSA has no control over the cost of labor and material or over competitive bidding or market conditions. SSA does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the client. PREPARED BY: Stotfler, Stagg & Associates CERTIFICATION OF AUTHORIZATION NO. 762 For Client Information Only BY: Sign: P:109-0019 Manatee Park Stormwater PermitlDog ParklDog Park Cost Estimate City Council Version.xls Page 2 of 3 Stottler Stagg & Associates Architects, Engineers, Planners, Inc. Engineers Probable Construction Costs for the Preparation of Laika Dog Park during the Manatee Park Improvement Project October 11, 2010 Unit Description QTY Unit Price Amount ADDENDUM NO. 3 - Bathroom Preparation Construction (Prices do not include the pre -manufactured building or any lift stations which may be needed) General Construction Construction Site $3,500.00 $2,200.00 .00 Base Courses JPAD.PREPARATION 1 5601 CY 1 5,001 $2,800.001 Division Total $2,800.00 Incidental Construction 'ADDING 1 801 SY 2.00 $160.01 :ONCRETE FOR BATHROOM 15'x 15' STABI 5 'CY 1 35.001 $175.01 �' PVC SANITARY PIPE 1 4201 LF 12.00 $5;040.01 hvision Total $5,375.01 SUB -TOTAL $15,450.00 CONTINGENCY @ 15% $ 2,317.50 TOTAL $17,767.50 Notes: Any opinion of the construction cost prepared by Stottler, Stagg & Associates (SSA) represents its judgment as a design professional and is supplied for the general guidance of the client since SSA has no control over the cost of labor and material or over competitive bidding or market conditions. SSA does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the client. PREPARED BY: Stottler, Stagg & Associates Date: CERTIFICATION OF AUTHORIZATION NO. 762 For Client Information Only BY: d P:109-0019 Manatee Park Stormwater PermitlDog ParklDog Park Cost Estimate City Council Version.xls Page 3 of 3 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 PLAYMUKt(239)791-2400 (239)791-2401 fax (888) 886-3757 toll free www.playmoreanli ne.com Recreational Products & Services Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 Sales Rep: Terry Perkins Terms: Net 30 QUOTATION 10/12/10 Job Number: 4096 Revision: Job: Manatee Dog Park Bathroom Cape Canaveral FL Robert Lefever 321-868-1226 321-868-1227 Item Description Quantity Cost Subtotal 1 Equipment CMS Prefabricated Precast Concrete Unisex Toilet. Includes 1 $24,263.00 $24,263.00 Engineered Drawings and Shipping. Subtotal: $24,263.00 Grand Totals: $241263.00 Notes: Installation, Permitting, and Unloading by others. Page 1 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 rLATMUKt(239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free www. p l aym ore o n l i n e. com Recreational Products & Services Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 Sales Rep: Terry Perkins Terms: Net 30 QUOTATION 10/12110 Job Number: 4097 Revision: Job: Manatee Dog Park Drinking Cape Canaveral FL Robert Lefever 321-868-1226 321-868-1227 Item Description Quantity Cost Subtotal 1 Equipment Most Depend 440 SMSS. Dual Hi -Lo ADA Drinking Fountain. Surface Mount, Stainless Steel. Most Depend PF/Attached. Attached Pet Fountain Option. Stainless Steel. Most Depend Template 101. Stainless Steel Surface Carrier for Fountain and Pet Fountain. 2 Freight Freight Most Dependable Freight. Notes: Installation by others. Page 1 2 $3,067.00 $6,134.00 2 $1,093.00 $2,186.00 2 $393.00 $786.00 Subtotal: $9,106.00 1 $512.00 $512.00 Subtotal: $512.00 Grand Totals: $9,618.00 QUOTATION 10/12/10 Job Number: 4098 Revision: Job: Manatee Dog Park Dog -On -It Cape Canaveral FL Robert Lefever 321-868-1226 321-868-1227 Sales Rep: Terry Perkins Terms: Net 30 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 PLAYMORE(239) 791-2400 (239) 791-2401 fax Quantity (888) 886-3757 toll free Subtotal www,playmoreonline.com Recreational Products & Services 1 Equipment Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 QUOTATION 10/12/10 Job Number: 4098 Revision: Job: Manatee Dog Park Dog -On -It Cape Canaveral FL Robert Lefever 321-868-1226 321-868-1227 Sales Rep: Terry Perkins Terms: Net 30 Item Description Quantity Cost Subtotal 1 Equipment Dog -On -It 7403. Mutt Mitt Dispenser w/ Basic Sign Post. 800 Mitts. 3 $231.00 $693.00 Dog -On -It 7230. Dog Park Graphic Sign (standard text). 1 $857.00 $857.00 Subtotal: $1,550.00 2 Freight Freight Dog -On -It Freight. 1 $328.00 $328.00 Subtotal: $328.00 3 Installation Installation Installation of Dog -On -It Equipment. 1 $500.00 $500.00 Subtotal: $500.00 Grand Totals: $2,378.00 Notes: No other services included. Page I 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 rLP (239)791-2400 (239)791-2401 fax TMUKt (888) 886-3757 toll free www.pjaymoreonijne.com Recreational Products & Services Client: Friends of Laika Dog Park Cape Canaveral FL 32920 QUOTATION 09123110 Job Number: 4016 Revision: Job: Dog Park Area Shelters Cape Canaveral FL 32920 David Schirtzinger 321-652-0566 Sales Rep: Anne Kennedy -Kreiger Terms: Net 30 Item Description Quantity Cost Subtotal 1 Equipment Classic Rec 20'x20' Mesa Shelter. HR -36 roof, 4:12 roof pitch, T-2" eave height, 4 columns, Surface Mount, TGIC poly powder coat w/ zinc rich primer. Classic Rec 8'x8' Mesa Kiosk. HR -36 roof, 6:12 roof pitch, T-2" cave height, Tube Steel fascia, 4 columns, Surface Mount, TGIC poly powder coat w/ zinc rich primer. 4 ea. 4'H x 3'W lockable aluminum cabinets, 24" overhang. 2 Freight Freight Classic Rec Freight. 3 Installation Installation Installation of (2) 20'x20' Mesa Shelters, priced per Shelter. Installation Installation of (1) 8'x8' Mesa Kiosk. Eng Drwgs Engineered Sealed Drawings Notes: Please review terms page for installation and permitting information. Page 1 2 $6,795.00 $13,590.00 1 $6,431.00 $6,431.00 Subtotal: $20,021.00 1 $4,172.00 $4;172.00 Subtotal: $4,172.00 2 $5,877.00 $11,754.00 1 $3,858.60 $3,858.60 2 $1,000.00 $2,000.00 Subtotal: $17,612.60 Grand Totals: $41,805.60 PLAYMORE Recreational Products &Services 10271 Deer Run Farms Road, Suite 1 Fort Myers, FL 33966 (239)791-2400 (239)791-2401 fax (888) 886-3757 toll free www.playmoreonline.com Client: City of Cape Canaveral 7300 North Atlantic Avenue Cape Canaveral FL 32920 QUOTATION 10/11/10 Job Number: 4094 Revision: ,lob: Manatee Dog Park Cascades Cape Canaveral FL Robert Lefever 321-868-1226 321-868-1227 Sales Rep: Terry Perkins Terms: Net 30 Item Description Quantity Cost Subtotal. 1 Equipment Cascades 184418. Public Place Trash Receptacle. Steel Structure. 3 $590.00 $1,770.00 Recycled plastic slats. Galv. Steel Liner Included. Cascades IOC402. One piece molded black recycled lid w/ stainless 3 $185.00 $555.00 steel flap. Cascades 210. 6' Park Standard Bench. Recycled plastic structure 7 $315.00 $2,205.00 and slats. 3 Legs. Cascades 4I0. 6' Park Picnic Table. Recycled plastic structure and slat 6 $650.00 $3,900.00 Cascades 470. 8' Handicapped accessible Park Picnic Table. Recycled 2 $1,050.00 $2,100.00 plastic structure and slats. Discount Palm Beach County 10072.5%. -1 $526.50 -$526.50 Discount Courtesy Discount. 5%. -1 $526.50 -$526.50 Subtotal: $9,477.00 2 Freight Freight Cascades Freight. 1 $938.00 $938.00 Subtotal: $938.00 3 Installation Installation Installation of Cascades Equipment. 1 $3,370.00 $3,370.00 Subtotal: $3,370.00 Grand Totals: $13,785.00 Notes: Please review terms page for installation information. Page 1 Page 1 of 2 Robert LeFever From: Kate Latorre [klatorre@orlandolaw.net] Sent: Wednesday, October 06, 2010 12:46 PM To: Robert LeFever Subject: RE: Dog Park Liabilities In general, the same principles of liability and sovereign immunity apply to dog parks as apply to any other public park. That said, should the City move forward with the dog park, it should be sure to research and implement any professionally accepted standards or "best practices" related to the design and maintenance of dog parks. By way of example, the City should establish rules and policies related to the dog park to address the safe use of parks by both dogs and people. The dog park should of course be fenced to keep unleashed dogs confined. The City might want to consider designating and separately fencing areas for small dogs and larger dogs, and consider limiting dog owners to bringing two dogs or less, per person. Chapter 767, Florida Statutes authorizes cities to place additional requirements and regulations on dangerous dogs, and we would recommend establishing rules for the park that prohibit aggressive dogs and dogs exhibiting aggressive behavior. We would also recommend additional rules such as requiring dogs to be under voice command at all times; prohibiting dog treats and food; prohibiting dogs "in heat"; requiring dog owners to immediately fill any holes their dogs dig; prohibiting animals other than dogs within the dog park; prohibiting dogs under a certain age (i.e., other cities such as Tampa and Sanford prohibit dogs younger than 4 months) since young puppies are susceptible to disease until their shots bestow immunity; requiring dogs to be licensed (and wearing visible license) and vaccinated consistent with county regulations; requiring children to be accompanied by an adult; prohibiting strollers and children's toys; requiring immediate clean up of dog waste by dog owners; requiring dog owners to leash dogs when entering and leaving the park; and requiring the owners to have a leash in their possession at all times. Violators of the rules should be subject to removal from the park and suspension of park privileges. Additionally, the City should post one or more signs stating that (1) there is no attendant on duty, (2) that users of the dog park use the park at their own risk and (3) the City is not liable for injury or damage caused by any dog in the park (4) dog owners are responsible for keeping unleashed dogs within the fenced area. The City should post all other dog rules on at least one sign at a conspicuous location within the park as well. These are just some preliminary thoughts based oat our experience with dog parks in other communities we work with. But as previously stated, a dog park presents similar liability issues as other city parks, with the addition of possible dog bites, which the City can't completely prevent aside from implementing policies and rules. Please let me know if you have any additional questions as the City continues to consider this project. Kate 10/6/2010 n:a ions yy-z �> av> Members of a dog dark committee should establish and enforce reasonable health and safety rules for the park, such as the following: • Owners are legally responsible for their dogs and any injuries caused by them. • Puppies and dogs must be properly licensed, inoculated and healthy. • Animals should wear a collar and XD tags at all times. • Owners must clean up after their dogs. + Dogs showing aggression toward people or other animals will be removed from the park. Animals who exhibit a history of aggressive behavior will not be permitted to enter. • Puppies using the park must be at least four months old. • Owners ' should not leave their dogs unattended or allowed out of sight. If young children are permitted in the dog park, they too should be under constant supervision. •' Dogs in heat will not be allowed inside the park. • Owners must carry a leash at all times. Dogs should be leashed before entering and prior to leaving the park. • Violators will be subject to removal from the park and suspension of park privileges. 16 Establishing a Dog Park CITY COUNCIL REGiULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, �Florid-? TUESDAY October 6,, 2009 7-00 PM 911 [STOW M "111 OTM Mayor Others Present: City Ifanager City Attorney Recreation Director Public Works Director Assistant Public Works Director Brevard County Sheriff Acting C City Clerk Bob Hoog Buzz P,etsos mow.` Betty Walsh Bennett Boucher Robert Lefever Walter Bandish Jeff Ratliff Greg Purden Fire Department — Recognition of David "Shorty" Barr, Owner of D.A.B. Painting, Inc.: Fi 'rq Chief Sargeant indicated the painting of the Fire Station was done at no cost to the Cit He presented a plaque to Mr. Barr, Mayor Randels expressed the City's appreciation a presented Mir, Barr with a Certificat. Mr. Barr explained his motivation for volunteering paint the building and expressed his interest in the City. Council members also extend their appreciation to Mr. Barr. Fire Chief Sargeant noted all the planting materials we donated at cost by Rockledge Gardens and planted by the firefighters. Pink Ribbon Walk — Vonda Welborn, Chairman Port Canaveral Association - Welborn explained the details for the "Pink Ribbon" Walk and urged attendance at t event on Saturday, October 24, 2009. She noted more details are on the Port's web -sit It was noted the money raised by the walk will stay in Brevard County. 31 lop _P City Council Regular Meefing October 6, 2009 Page 2 of 7 Sol 0 ISMUO A&A Recreation Department Mr. Lefever reminded everyone of the Community Health Fair on Oct 14th from 8 to 11 a.m. at the Recreation Complex. Public Works Department Platt Loftis, Waste Pro, explained the details of the transition, the placement of the gallon carts, the increased service level and the distribution of recycling bins., He not their responses to service calls. He responded to questions of Council members, M Boucher indicated beach recycling Is still on,, the "to do" list. Compliments we provided and related to the service that is being provided by Waste -Pro. Wal Bandish is to get elected offilcials access to the Ez-Track System,. CAy of Cape Canaveral, 17iiiiiia City Cound Regular Meeting Oictober 6, 2009 Page 3 of 7 Mr. Boucher provided an update on the renovations at the Library to provide for Council Meetings and indicated painting; will occur next Monday and carpet instalilation thereafter. He further indicated Todd Morley has been in contact with audio-visual companies, including the one servicing the Canaveral Port Authority Commission. Sheriff's Precinct Lt. DeMorat provided details related to the recent shooting at an apartment complex on Chandler Street, which resulted in an arrest and provided information related to the I "Meth -house" that was di'scovered and eliminated in the City, He noted folIow up will appear to ensure the "Meth -house" property is ready for habitation Nir to the structure being rented again. Council concerns relative to Criminal Nuisance Ordinance Education were responded to by Lt. DeMorat, who enicouirageid citizens who be'lieve there are drug sales or other nuisances in their area to contact the Precinct. Council Member Roberts will work with Commander Moros on the Nuisance issues. i Mr. Leo Nicholas, resident, noted work needed on the trail at Manatee Park, whert there are areas that are un,eveni. He was concerned of individuals bieing injured, Mir. Nicholas also urged for the City to have their own police department for added control as to who the Police Chief will be and noted the City of BelIe Isle recently transitioned from the County Sheriff's Department to having their own Policit Department. 2. Motion to Approve: O.utdoor Entertainment Permit for thie Annual Fall Festival at Manatee Sanctuary Park; Saturday, ctober 10, 2009. 3. Motion to Approve: Outdoor Entertainment Permit for a Jazz Concert at the Recreation Complex� Friday, October 16, 2009. 41, Motion to Approve: Resolution No. 20019-35 ReappoinfiricI I a Regular Member, Appointing a First Alternate as a Regular Member and Appointing a Second Alternate as a First Alternate to the Libra[y Board. •Motion to Approve: Resolution No. 2009-36; Rapi Regular Members to the Code Enforcement Board. City Council Reguiar Meeting October 6, 2009 Page 4 of 7 & Motion to Approve: Resolution NoI. 20;09-37 Reappointing a. Regular MemIber tm the Recreation, Board. '7Motion to Apiprove: Resolution No. 2009-38; Reappointing a Regular Member to the Board of Adiustment. Mayor Randels inquired if any items are to be removed from the Consent Agenda for I01scossiol. V& Ro A motion was made by Ms. Roberts and seconded by Ms. 11alsh, to approve Consent Agenda Item twothrough seven. The vote on the motion carried 5-0 wi voting as follows: Mayor Pro Tern Hoog,, For; Mr. Petsos, For; Mayor Randel For; Ms. Roberts, For and Ms. Walsh, For. I I Item #1 - Ms. Roberts referred to page 4, under the "Audience to be Heardsiectio She suggested the last sentence be changed to "the Council affirmed" rather than M Petsos and Mr. Boucher affirmed. Discussion ensued and included whether t minutes should be summary or include more detail, whether other audio will be plac on the websfte and if so what costs are associated. A motion was made by M Roberts and seconded by Mr., Hoog, to approve item number one,. The vote the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; M Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. I 8. Motion to Approve: Annual CitV Manager Evaluation: Ms. Roberts explained her intentiN ns. Discussion ensued! and included whether this evaluation is for one or two years, the need to have the Council, as a whole, formally set goals for the City Manager tN attain, the difference between the goals of the Council for the City and the goals for the City Manager, the possible need for a special meeting to come to a consensus as to the goals for the City Manager, when the reviews are to be completed and when they will be discussed with the City Manager, the need for staff to make a composite evaluatiN n with, the comments from each elected official, and aew, to have the City Manager develop an action plan. A motion was made by Ms. Roberts and seconded by Mr. Randels, that we proceed with gefting all of our individual evaluations into Bennett by October 23 ird and our two agenda items th for, the meeting we have on November 5 , one to certify the election results, and two to work with Bennett as it relates to the Council wide evaluation. The vote i- "' motion carried 5-0 with voting as follows: Mayor Piro Tern Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, Fo,. 11 11 W 01 - 15. Council Council Member Walsh • Ms. Walsh noted complaints from citizens relating to Brig:hthouse mog th NASA channel from the basic cable package to a more expensive package. M Roberts indicated she has received complaints about the loss of the governme channel from the basic package. Mr. H�oog agreed to report this concern the Space Coast League of Cities at the next Board meeting on October 20,09. • Ms. Walsh noted a letter from the American Non-Smioker Rights Fou,ndati requesting information about local legislation relating to smoking. The letter w forwarded to the City Manager for response. • Ms. Walsh referred to the Town of Indiatlantic's web site and the information th post to keep individuals informed of their progress to meet their goals. Sh expressed the desire for Cape Canaveral to do something similar. Counci�l Member P,etsos Mr. Petsos complimented the Public Works Department on the quick response the broken sewer ma,in on Central Avenue. I 0110TC,101, I lirl IV, City Council Regular Meeting October 6, 2009 Page 7 of 7 Mr. Petsos requested a status on the Development Agire,ement with Townia- Realty, for Phase 1, as he was concerned they may be trying to change the agreement. CouncilMember Roberts Ms. Roberts noted her Candidacy for the 15th Congressional District Seat as Democrat for the 2010 Election. I F-11 011111*111 HER= INZEM�� 9 CITY COUNCIL REGULAR M�EETING CITY HALL ANNEX 111 Polk Avenue- Ca]ce Canaveral-. Florid -7 TUESDOY November 17, 2009 7:00 P1,1 — CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Couincil Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Recreation Director Robert Lefever City Treasurer Andrea Bowers Public Works Director Walter Band'ish Assistant Public Works Director Jeff RaOff Building Official Todd Morley Sheriff's Department Commander Alan Moros City Clerk Angela Apperson Tourism Indust[y Update — Rob Varley: Mr. Varley was unable to attend the meeting. His presentation will be rescheduled for a future meeting. 1111II:11I III in rillIlIllillil , lq;11�111llll 111111� � l or i 1 111! 111111 11 i City of Cape Canaveral, Flo6da City Council ReguAar Meeting November 17, 2009 Page 2 of 8 ITIs. Pai'nter verbalized her extensive relevant experience and interest in volunteering her service for the Board. The Coluncil asked Ms. Painter additional quiestions and thanked her for volunteering. Council reached consenisus for a Resolution of Appointment for Ms. Painter to be placed on the next agenda. I'a 4:101:4 Ill City Manager: City Manager Bennett Boucher discussed the proposed renovations to thm- Annex/Sheriffs Precinct and proposed a renovation Workshop Meeting. Council reache consensus for the Work�shop Meeting to be held on December 1, 2009 at 5:30p Mr. Boucher then discussed the area peacock issue and the Buy Brevard Progra I proposal/pricing being prepared to be placed on the next meeting agenda. I Public Works Department: Mr. Boucher discussed Assistant Public Works Director Jeff Ratliff s report on the status of the South Canal! Project. i Platt Loftis ofTT-T�,stP--P-rr-u1SA discussed Citizens-1,11atch training, completion of delivery of carts • and recyc:ling bins, and a letter from a citizen complimenting Waste Pro on their qof service. Several Council Members and members of the audience voiced their approval of Waste Pro. Building Official: Todd Morley presented the time frame and status of the Libra Meeting Room project, and stated he hoped to have a signed contract ready for the ne Council Meeting. I Business, & Cultural Development Board: Board Chair Joanne Muncey and Mr. Boucher discussed the roles and responsibilities of Advisory Boards, progress of the Vision Report, communication between the Advisory Boards, and how the Vision Report will be handled. Council reachedconsensus to proceed as follows: 1. The draft Vision Report to be distributed to the City Council and alll Board Members, as well as posted to the web site; 2. East Central Florida Regional Planning Council Executive Director Phil Laurien meets with the Vision Committee. At this, meeting the Vision Committee will accept or make modifications to the draft report. If modifications are made, Mr. Laurien will produce a final document. 3. While the Vision Committee is meeting, all other boards will meet to discuss the draft report and formulate recommendations to the City Council. The recommendations will) be presented by two spokespersons from each committee at a future workshop. 4. The Vision Committee presents the finial report to the Council at a regular meeting, with Mr. Laurien present. The Council will schedule a workshop meeting to, meet with the Vision Committee and: 2 representatives from each of the boardls. 5. After the workshop with the Vision Committee and Board Representatives, Council will provide direction to staff. 17,77-V7,7P e C a f i aTeIaI,7F=,.7r City Council Regular Meeting November 17, 2009 Page 3 of 8 Im-milp] I&II gill 11ga-m-ISLON11=0 �*-�1111 �44�� MUM Ray Osborne noted the community reunion between the cities of Cape Canaveral and Cocoa Beach on November 24th and inquired about the City possibly acquiringiand with Federal stimulus or Community Redevelopment Agency funding. Discussion ensued and included Department of Transportation acquisitions of land, Federal funds not being available for property investment, planning to be in place before any attempts to get funding, and creating a City welcome center. Earl McMillan reiterated some of Mr. Osborne's inquiries in regards to the City using Federal stimulus funding and noted a Florida Today article that detailed the City of Melbourne's po use Federal stimulus, funds. Mayor Randels expiained the reasons why larger cities in the area may have more access to Federal funds,. o anaveral, Honda City Council Regular Meeting November 17, 2009 Page 4 of 8, I,ohn ?Ibrter discussed the closure of the Farmer's Market, the City's Special Events Ordinance, how a Farmer's Market benefits the community, an urgor Code revisions to allow for a Farmer's Market, and Staff to review City Code and compare how neighboring cities classify and handle Farmer's Markets, Leo Nicholas expressed dismay at the slow progress of amending City Code to allow Farmer's Markets, d'iscussed reassigning Board duties and City employees, and stated that he felt Council does not have enough foreknowledge of some items to adequately consider and address them at meetings. Council discussion ensued and included addressing the need for the Planning and Zoning Board to schedule more tasks for their meetings and! for Staff to have more direction from Council in regard's to possible Code changes and to work closer with property owners for future endeavors. John Anderson discussed the prior redevelopment plans of the Business and Cultural Development Board, noting that the City does not have a dedicated Economi#- Cir velopment Professional on Staff, whiich might hinder efforts to create an adequate Economic Development policy in the future that could help area businesses stabilize d retain, jobs. 1 . Motion to Approve: Resolution City of Cape Canaveral; Providing an Effective D. City Attorney Garganese read the title of the Resolution into the record. Mayor Randels nominated Mr. Hoog. Ms. Roberts nominated Mr. Petsos. Discussion ensued and i'ncluded the merits, appropriateness, and experience of both of the nominees. The vote for Mr. Hoog to serve as Mayor Pro Tem for a year resulted as 2-3, with voting as folloiws: Mayor Pro Tern Hoog, For; Mr. Petsos, Against; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, Against. The vote for Mr. Petsos to serve as, Mayor Pro Tem for a year resulted 5-0, with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For, Mayor Randels, For; Ms. Roberts, For; and Ms. Wallsh, For., A motion was made by Mr. Randells, seconded by Ms., Roberts, to approve Resolution 2009-42, inserting Buzz Petsos' name into Section I as being elected as Mayor Pro Tem. The motion carried unanimously, 5-0, with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randells, For; Ms. Roberts, For; and Ms. Walsh, For. 2. Motion to Approve: Resolution No. 2009-44, Providing a General Procedure for Granting Economic Development Ad Valorem Tax Exemptions: City Attorney Garganese read the title of the Resolution into the record and explained the process for approval of an exemption. Mayor Randels further detailed the contents of the Resolution. A motion was made by Mr Petsos, seconded by Ms. Roberts, to approve Resolution 2009-44. Discussion ensued and included yearly reports and the status of service industry jobs. The motion carried 5-0 with voting as follows: Mr. City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 5 of 8 P,00g, For; Mayor Pro Tern Petsos, For; Mayor Ranidel's, For; Ms. Roberts, For, and Ms. Walsh, For. oil!! 9 MEMO Ing MI. Ireffil 99 5. Motion to Approve: Resolution No. 2009-43 Endorsing Emiployer Support for th National Guard and Reserve. I V�'llm 1 j! R M 0 j 111111 1, 0 . 0 111111�11�1 i•� I •Ire=] 14 0 A I I ona 1%, S 111111 Al", To A motion was made by Ms. Roberts, seconded by Mr. Petso,s, to approve conse-M agenda items 4 through 7. Ms. Walsh requested future agenda items have mo clarity as to which impact fees are used. Mayor Randels noted that the funds for ite 6 and 7 would be coming from the Wastewater Fund. The motion! carried 5-0 wi voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randel For; Ms. Roberts, For; and Ms. Walsh, For. Item number three: City Clerk Appierson noted grammatical corrections submitted by Council Member Roberts and requested approval of the minutes as amended. A motion was made by Ms. Roberts, seconded by Ms. Walsh, to approve the October 20, 2009 minutes as modified. Discussion ensued and included' the maniner in whiich minutes are summarized and the action tracking system. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern P,etsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 8. Motion to Approve: Regular City Couincil Meeting Minutes of August 18, 2�009 and a115—proval of the Regular City Council Meeting Minutes of October 6,.--200 : A motion was made by Ms. Roberts, seconded by Mr. Petsos, to reconsider the approval of the minutes of August 18, 2009. The motion carried 5-Oi with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Rand'els, For; Ms. Roberts, For; and Ms. Walsh, For. Mayor Randels noted r on page 4 of the Aug�ust 18 minutes, to replacing the wods "Mr. Pets,os and Mr. Boucher affirmed!" with "The City Council affirmed". A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve the August 18, 2009 minutes as amended. The motion carried City of Cape Canaveral, Flo6da City Council Regular Meeting November 17, 2009 Page 6 of 8 5-0 with voting as follows: Mr. Hoog, For; M'ayor Pro Tem, Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Add-oln item: 'Resolution 2009-41: City Attorney Garganese explained the need to reconsider the adoption of the Resolution due to the election results previously certified were off by one vote, due to the certification of a provisional ballot. A motion was made by Ms. Roberts, seconded by Ms. Walsh, reconsider Resolution 21009-41 The motion carried 0 with voting as follows: Mr. Hoog, For-, Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was made by Mr. Petsos, seconded by Ms. Walsh, to readopt Resolution 2009-41 as amended. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. A motion was, made by Ms. Walsh, seconded; by Ms. Roberts, to approve t October 6, 2009 minutes. 'The motion carried 5-0 with voting as follows: M Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts31 , Fo and Ms. Walsh, For. 111 NQ 9140 1 UNII III if W10191410A 10Motion to Approve: Award the B,id for the Ridgewood Avenue Improvements �Project (Bid # 09-0�1: Mayoir Randels stated this award is only for the "base bid". Discussion ensued and included the scheduled meetings related to the "alternates", the timeline of bidding and for the project, the ways residents affected by the project will be notifiedi, and given opportunity to give input, a public meeting at 64m on December 8thl at the Library, the phases of the project, when the "alternates" will be discussed, and the possibilities of underground power utilities in the future. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to award Bid 09-03 to Brewer Paving of Cocoa, Florida for the amount of $1,497,67'4.00. Discussion continued and included bus stops along Ridgewood and the use of stimulus money in the project. The motion carried 5-0 with voting as follows: Mr. H'oog, For; Mayor Pro Tem Petsos, For; Mayor Randiels, For; Ms. Roberts, For; and' Ms., Walsh, For., City Attorney Garganese requested a second motion be made, relating to the preparation and signing of the contract. A motion was made by Mr. Hoog�, seconded by Mr. Retsos, to authorize the City Attorney 'to prepare the contract and authorize the City TIMM City Council Regular Meeting November 17, 2009 Page 7 of 8 Manager to execute it. The motion carried' 5-0 with voting as follows. Mr. Hoon oo oooRandeo- Ms. Robe�s, Fo'�r; and M U For; Mayr Pr•Tern Petss, Fr; Mayr ls, Fr, Wallsh, For. i 11. Motion to Approve: Appointment of a Voting Delegate and an Alternate Vr Delegate to the Space Coast Trans pio rtrn Planning Organization (SCTPO representing the North Beaches Coalition: Mayor Rand'els explained the history of the voting delegate and alternate. A motion was made by Mr. Hoog, seconded by Ms,. Walsh, to appoint Mayor Randells as the Voting Delegate to the SCTPO. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Council reached consensus for Cocoa Beach to provide the nam-• of who they would like serve as the Alternate Voting Delegate and that name be brought back to Council for approval. 12. Motion to Approve: Appointment of a Technical Advisoa Committee TAC) Member and Citizens Adviso[y Committee (CAC) Member to the SCTPO representing the City of Cape Canaveral: Mayor Randels explained the details and history of this consideration item. A motion was made by Mr. Petsos, seconded! by Mr. Randels for City Manager Boucher to serve as a member of TAC. Discussion ensued regarding how not every city has an individual representative. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion ensued and included how to select someone for the CAC and Mr. Boucher offered to post the position online, targeting the December 15th Council meeting as the date to make the selection. 13. Motion to Approve: 20110 Legislative Priorities: Mayor Randels read the 2009 priorities. Discussion ensued and included the process of how City Legislative Priorities move up the chain from the local to state level and the reasons for omission and inclusiN n of some issues. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to maintain the six items we have from last year as our request to the League of Cities. Discussion continued regarding that the traffic cameras would be for red light i'nfractions rather than speeders, how traffic cameras are faring in other cities, and legal issues associated with traffic cameras. The motion was amended by Mr. H�oog, seconded by Mayor Pro Tern Petsos, to change the traffic cameras priority R 96 From speeding" to "red light infractions", and to add a seventh priority for -r tunding of underground utilities along state roadways. The motion as amended carried 5-0 with voting ows: Mr. Hoog, For; Mayor Pro Tem Petsos,, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. FIIRTR45►1 Mek, ■ millor =11re City of Cape Canaveral, Florida City Council Regular Meeting November 17, 2009 Page 8 of 8 can be levied against citizens and property owniiers by the City. Discussion ensued and included the wording "the City may enforce" in the Ordinance and the status of privatt, subdivisions that still use wells nog to hook up to City reclaimed water if they do not want to. A motion was made by Ms. Roberts, seconded by Mr. Petsos to extend t meeting five minutes for the purposes of continuing the discussion item. T motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petso For; Mayor Randels, For-, Ms. Roberts, For; and Ms. Walsh, For. Discussion continued and included the ways the changes to the Ordinance will affe residents. Council reached consensus for the Ordinance, to be changed an] brought back to Council for additional consideration at, a later date. FO reT U 17,9 f WZTA US -UT, 9 1 Mayor Pro Tern Petsos noted Cape View Elementary won the Legio Robotil Competition and will be moving on to the District Competition. I FjI1RIq11j;jg M�� CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 P,olk Avenue, Cape CanaveralFlorida I TUESDAY December 1, 2009 00 PM WIMEM019 - Me I Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Recreation Director Robert Lefever Public Works Director Walter Bandish Assistant Public Works Director Jeff Rat�liff Building Official Todd Morley Planning and Development Director Barry Brown Sheriff's Department Commander Alan Moros Sheriff's Department Lieutenant Mike DeMorat City Clerk Angela Apperson A Award for Marketing Vill Jim Lewis, of Communication Concepts, Inc., presented the City with an award that he and his company received for a Marketing Video of the City. The Council thanked him and noted that Mr.Lewis grew up in Cape Canaveral. Certificate of Appreciation- Mayor Randels presented Larry Norman with a Certificate of Appreciation and personally thanked him for building a brand' new, hand-crafted pIodium, and donating it to the City. City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 2 of 7 Plaques: Recreation Director Robert Lefever expressed appreciation to! his staff for th hard work, and noted that, without volunteers, many special events and tasks could n I be accomplished. He went on to present Donald Bubb and James Holt with plaque expressing his and the City's appreciation for their volunteer work. -1 F.id-iffe-Tr7y" City Manager: Bennett Boucher reported on the sand fencing. Discussion ensued and' included beach renourishment, strategies for rebuilding beaches, d�une lines and vegetation, what other cities have done, requesting lists of persons that represent the City in regional anid/or County boards and meetings, the number of sand fences, and perhaps creating a master plan that shows placement of the sand fences. Mr. Boucher then noted an update on the Cape Caribe development and requested a Workshop meeting prior to the next Council regular meeting to discuss the proposed timelinle. Council reached consensus, to have a Workshop meeting on December 15, 20iO9 at 5:30pm. Mr. Boucher continued to his next report item, The City Manager Evaluation Action Plan, detailing the content of the Plan, and' requested a Workshop meeting to discuss it. Discussion ensued and included ways to deal with the Evaluation, combininlg it with other Council requests, t�imelines, priorities, and recommendations that could be listed in the Evaluation, the large amount of items to deal with that Mr. Boucher has ahead of him, and when a Workshop could be held to further discuss this. Council reached consensus to hold a 4 -hour Workshop meeting within the next two weeks to discuss the City Manager Evaluation Action Plani, exact date to be determined. Building Official: Todd Morley stated that the work at Bright House will be complete in time for Super Bowl Sunday. Public Works Department: Assistant Director Jeff Ratliff reported that City rights-of-way are being marked along Ridgewood Avenue. Discussion ensued and included similar projects that Cocoa Beach is working on and the possibility of there being a "harmonious" way to tie the two similar projects together. Recreation Cie partment: Director Robert Lefever noted the Movie in the Park, the 14th Annual Reindeer Run at Cherie Down Park on the upcoming Saturday, and the Tree Lightning on December 13'h, 7pm, at the Library. Planning and Development: Director Barry Brown reported on the progress of the Community Visioning including Workshop meetings, communicating with relevant advisory boards, committees, and citizens, and an upcoming Visioning Committee meeting with Phil Laurien. Discussion ensued regarding at what time the Council will have an opportunity to take official action in this process. City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 3 of 7 noted an upcoming event where 401 families will receive Christmas gifts. Discussil ensued! in regards to the angel trees project, which Lieutenant DeMorat stated he wo U gather the relevant information and report back at a later time. City AttoirneV: Anthony Garganese reported on the status of the4TIcffiillin complai including progress of communication between City staff and Mr. M'cMilliin. Discussil then shifted to Royal Mans,ions issues and included the City being in the "discove phase", the need to research building code issues, rental's by the week being prohibit N y City Ordinance, and for how long the issues with Royal Mansions have existed. Public Works Department: Waste Pro Representative Platt Loftis reported the routes are " settling in nicely", the Company has a low turnover rate for personnel, their attempts to apply for membership in Keep Brevard Beautiful, the acquisition of a new truck which enables them to offer appliance, pickup, a December 1 5t o*. N. at Manatee Park open to City employees, and Coiuncif, and that Waste Pro is willing to offer any support the Recreation Department needs. Discussion ensued and included the small amount of complaints received; garbage bins and recycle beach crossovers, and the possibility of a report on what happens to recycling after it is picked up. Business & Cultural Development Board: Board Chair Joanne Muncey discussed the upcoming December 9M meeting, working on "linking" with the Visioning Committee, and meetings with other boards in the future to make communicationmore efficient. WI UUMSIAIMOM John Porter explained his work on creating an Economic Development program and board in the City, which would be fully accountable to the Council, the costs of creating it, the needs for such a program, how the City could benefit from it and possibly suffer without it, and individuals that could be involved. Discussion ensued and included the manner in which this program could be approved by the City, the Business and Cultural Development Board having input, the extent to which the Council can take action on an item in the "Audience to be heard" section of the meeting, whether such a board would be subject to Sunshine Law, the specific details of the proposal, the time -sensitive nature of the issue, and where the funding would come from. Council reached consensus to support the continued planning stages of this issue. Joyce Hamilton, thanked Lieutenant DeMorat for recognizing the "K -Kids" efforts and explained the details of the K -Kids group. Bill Young requested an update on the Replat Ordinance revisions. Discussion ensu 0 and included the progress of the revisions, the amount of time 'it may take and h already taken, the "best case scenario" for approving the Ordinance being two month the possible outcome of the revisions, and the possibility of working under the ole Ordinance unti'l the new one is finally adopted. 1� 'T. 4 City Council Regular Meeting December 1, 2009 Page 4 of 7 Leo Richolas mentioned' the 'Teterans of Foreigr�-7'Tars (THT-) kids Christmas Party GF. December 1 9Ah, the Christmas basket d'rive, and for interested individuals to contact thi,-, VFW. 1. Approve City Council Special Meeting Minutes of September 10 & 21 i 2009 and November 5, 20,09. 2. Approve City Council Regular Meeting Minutes. of September 1, 2009. 3. Approve Resolution No. 2009-45 Appointing an Alternate Member to tm Business and Cuiltural Development Board (S. Painter). I 4. Approve the Special Outdoor Entertainment Permit for the 14 th Annual Reinde Run; 5K Run/Walk to benefit the United Way of Bre,vard Coun!y and waiver of fees for same. I 6. Authorization to bid the S. Central Blvd. Ditch Improvement Project. 7. Approve a Construction Services Support Agreement for the Ridgewood Avenul Improvements Project with Stottler Stagg & Associates.(S.SA) in the amount $49,590.00, 1 8. Approve participation in the Buy Brevard Campaign in the amount of $5,000.0 with Space Coast Business Media Group.; 9. Approve the Special Outdoor Entertainment Permit for the American Legion Ch,ili Cook -off on Saturday, December 19, 2009, and waiver of all fees for same. 10. Apprave Resolution No. 2009-46; supporting the creation of a County -wide "Criminal Justice Advisory Commission" by the Brevard County Board of Count Commissioners, to provide recommended solutions to the County Commission and publish a timely report to the population at IaMe. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to approve Conse'An Agenda items 2, 3, 4, 5, 6, 7, 9, and 10. The motion carried 5-0 with voting follows- Mr. Hoog, For; Mayor Pro Tem P,etsos, For; Mayor Randels, For; M Roberts, For; and Ms. Walsh, For. I 19MUM MENEM MIN I TGETI , , Tj . a ROOM== 01 1 If 0 � a 11 City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2�009 Page 5 of 7 carried' 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, Against; Ms., Roberts, For; and Ms., Walsh, For. Item number eight: Discussion ensued and included the details of the proposal, t costs of related advertising, the manner of advertising, the online and website benefit the costs to businesses, the City sponsoring the first year's fees for any City busine involved, the n, umber of businesses that will sign up, and the City sponsorship of fe bei'ng on a "first come, first serve" basis. A motion was made by Ms. Robert seconded by Mr. Hoog, to approve consent agenda item eight. Discussi continued and included the business costs after the first year, the program being op to any business that holds a City business tax license, and protections again fraudulent businesses. The motion carried 5-0 with votingas follows: Mr. Hoo, For; Mayor Pro Temi Petsosi, For; Mayor Randels, For; Ms. Roberts, For; and M Walsh, For. 11 .901KOMOUITIF-Sm- RJEM! . 0 - INNUIRSHIN-A ==11# . ...... . .... ......................... . .... 1'2. Motion to Approve: Ordinance No. 12-2009, revisinq the Tree Protection Coda Chapter 102: The City Attorney read the title of the Ordinance into the record. Buildi Official Morley explained the details of the Ordinance, noting that it does not address related issues and should be considered an interim corrective measure. Mr. Morl reviewed the proposed Ordinance, changes page by page, and answered Coun questions. Discussion ensued and included contacting individuals who may have be previously affected by the old Ordi�nance, relevant information being posted on the Ci website, minor changes requested by the Planning and Zoning Board, and provisio for lot maintenance. A motion was made by Mr. Petsos, seconded by Mr. Hoogi, approve Ordinance 12-2009 at first reading. The motion carried 5-01 with voting follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; M Roberts, For; and Ms. Walsh, For. I 13. Motion to Approve: Ordinance No. 13-200!9, revisingthe Underground Utifitigc Ordinance, Chapter 110 ZoniM. The City Attorney read the title of the Ordinance in 1" - n the record and noted the creation of the Ordinance comes from the Redevelopmle Plan. The merits and content of the Ordinance were dliscussed. A motion was mad by Mr. Petsos, seconded by Mr. Hoog, to approve Ordina009 at, fi r reading. Discussion continued and included the property owners paying fo r th I undergrounding of utilities,, be!ing, consistent with other cities, the Ordinance applying City of Cape Canaveral, Florida City Council Regular Meeting December 1, 2009 Page 6 of 7 utilities that are on-site and not in rights-of-way, residential and townhorries falli;ng under the Ordinance, and the definition of a property's "developer", A motion to amend was made by Mr. Petsos, seconded by Ms. Roberts, to change the wording in Section 110.481(a) from "developer's responsibi'lity" to "property owner's/developer's responsibilityThe amendment passed 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tom Petsos, For; Mayor Ranidels, For; Ms. Roberts, For; and Ms. Walsh,, For. The main motion carried' 5-0 with voting as follows: Mr. Hoogi, For; Mayor Pro Tom Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ism g 6-1101 a 14, Appointment of League Voting Delegate/ D i rector; Space, Coast League of Citie Discussion ensued as to who would be available to serve as the City's representativ with Mr. Hoog stating he would be available and Ms. Walsh noting that she would - willing to be the alternate. A motion was made by Mr. Randels, seconded by M Petsos, for Mr. Hoiog to serve as the Space Coast League of Cities votinil- deleigate/d'i rector and Ms. Walsh to serve as the alternate. Discussion continurc regarding how the alternate would be notified if the delegate cannot attend. The motio I carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, Fol Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 15. Cooperative purchase of AN Eguipment for the new City Council Chambers frolm iM Solutions, Inc. and apipropriate Library Impact Fee Money for same: Building Offici:- Morley explained the process through which the proposal was acquired and the detail of the proposal. Discussion ensued and included the placement and number of scree for production, enhancing the equipment in the meeting room for others who will - using the room, whether video production should be included, the projected costs mi,n the video production standingat $85,639, this proposal "piggy -backing" on neighbon• areas' projects and bidding processes precluding the need for the City go out for its o bids, the company having relatively unique expertise that is difficult to match, t possible benefits of streaming meetings onl'ine, and online streaming incurni costs. A motion was made by Mr. Petsos, seconded by Mr. Hoog, to extend the meetin half an hour. The motion carried 5-0 with, voting as fol'lows: Mr. Hoog�, For; May Pro Tom Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For.1 Discussion continued and included how the streaming video would work, differences in cost if video production components are purchased later, the advaintages/disadvantages of video production, the need to research costs associated with video production and online streaming, when the installation, date could be, a possible annual maintenance agreement, and the existence of the 90 -day "noi questions asked" warranty and a longer manufact�urer's warranty. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to award the contract as presented, with, costs not to, exceed $86,000. The motion and ni 71 k -ape u-alla City Council Regular Meeting December 1, 2009 Page 7 of 7 second were withdrawn. Discussion continued regarding how closely the costs compare with AN installat�ions i'n other cities. A motion, was made by Mr. Petsos, seconded by Ms. Roberts, to extend tw"I' meeting ten minutes. The motion carried 5-0 with voting as follows: Mr. Hoo For; Mayor Pro Tern Petsos, For; Mayor Randelsi, For; Ms. Roberts, For; and M Walsh, For. Discussion, continued regarding if the City can legally do a cooperative purchase rather than acquiring bids. A motion was made by Ms. Walsh, s,econded by Ms., Roberts,, to award the contract as presented, in a cooperative purchase utilizing the City of Melbourne and Canaveral Port Authority bids, not to exceed $86,000, contingent upon the City Manager validating substantial compliance with the City's cooperative purchasing rules and regulations under the Code. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Agenda iteirns 16 and 17 were deferred to the next Regular Meeting. irOMIOMIUMIM nesUmno Int MOO MAOIERMIeffoling I I I -MUTIONFIP111FIRL, R-190 E01113111101111109 There being no further business, the Meeting adjourned at 10:34 P.M. i 201 Polk Avenue, Cape Canaveral, Florida TUESDAY October 5, 2010 7:00 PM I CALL TO ORDER- The Chair called the Meeting to Order at 7:01 P.M. and led the pledge of allegiance. I Z101 I KVY-11 4 19 Council Member Bob Moog Mayor Pro Tern Buzz Petsos, Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kate Latorre Sheriff's Department Commander Alan Moms Assistant Public Works Director Jeff Ratliff Assistant Fire Chief John Cunningham City Clerk Angela Apperson ATM 0 go regarding domestic� violence against women and children: Ms. Roberts explained' - ]h purpose of the proclamation is to bring awareness of domestic violence. May Randels read the proclamation into the record. 6111WI-119 Condominiums: Judy hapd the award and a $25.00 gift card to Nan Robert Pres,id'ent, and' Elgan Stappe, Treasurer, of Shorewood Condominiums. I City Council Regular Meefing *ber 5, 2010 A'age 2 of 5 Evel;ln F. Reid Applicant — Cape Canaveral LibrarV Board: Assistant Attorney Latorre asked Ms. Reid if all the information in her application is true and correct. Ms. Reid responded in the affirmative, Ms,, Reid explained the activities of the Friends of the Library, to which she is also a member. Council Members asked questions, to which Ms. Reid responded. The interview concluded with Council Members expressing their appreciation for Ms. Reid's service to the Board. Assistant Citv Attorney � Assistant City Attorney Latorre, provided an update on! thM cement that was dumped in the storm,water system. She indicated the City's expens-N to date are just under $20,000.00 and there has been no setflement by the parties wh M re believed to have caused the damage. She: indicated the potential costs to litiga the case could be $20,000.00 or more and asked the Council if they wanted to file s to recoup the costs. Discussion ensued and included whether attorney fees could b reimbursed as a part of the settIlement; the actions that have been taken to date, thi, need to make every effort to recoup all costs, including the cost of litigatio Consensus was reached to pursue litigation in settlement of thiis matter. 1 0 :1:11: 1 • Alice Filteaul expressed her concerns about beach vending, and urged for due care when giving: direction to staff to be conscious of how the tax money is being spent. She urged for Council not to send items to the voters and to make these decisions. • Al Vicclomini agreed with Is. Filteau in relation to not sending the, beach vending issue to the voters. He spoke of the language in the Comprehensive Plan Amendment related to the Visioning efforts and expressed his belief that more public notice related to the amendment is necessary. Mr. Greene explained the steps that have been; taken to evaluate the Comprehensive Plan for deficiencies and noted the amendment is to correct these deficiencies as well as add language related to the "Visioning efforts. • Lee Vicidomini explained her understanding of the Comprehensive Plan Amendment and noted areas that concerned her. She noted statements that were made by former City Manager Boucher in relation to the Visioning Process. ITIlayor Randels read the consent agenda items and inquired if any items are to be removed from the Consent Agenda for discussion. Mr. Hoog requested item number eight be removed. Ms. Roberts requested item number one be removed. City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2010 Page 3 of 5 1 Z Ili see IN Brown and' Evelin F. Rgjd 3. Approve Resolution No. 2010-26�_Reappointinq Regufar Board Members to t Code Enforcement Board. (James Hale and'Karen HartleV) I 4. Approve Resolution No. 2010-27; Reappointing Regular Board Members to th Recreation Board., ( arol Delano and Gene Petre) I 5. Approve a Special Alcohol Exemption Permit for Renee Ashley for a Private Wedding at Manatee SanctuaU Park on October 10, 2010. 6. Approve Addendum to Professional Services Agreement with Nlck's Lawn Service, Inc., to extend the Agreement through September 30, 2011, which corresponds with the City's Fiscal Year. 7. Approve Third Addendum to Professional' Services Agreement with Black's Spray Service, Inc., to extend the Agreement through September 30, 2011, whichcorresponds with the City's Fiscal Year. & Award Promect Work to Atlantic Development of Cocoa, Inc. (Atlantic) in the Amount of $24,115.00 for De -mucking of Stormwater Ponds at the Cit 's Wastewater Treatment Plant kWWTP). 0 UMS Mi Me 0Z Ridgewood Avenue Improvements Project. 10. Approve Resolution No. 2010-24; Supporting the Adoption of the Brevard Count Municipal Voter Charter Amendment on The November 2010 General Ballot; Endorsi'ng the Principles of Home Rule and Adopting the Policies Set Forth Below to Support the Premise that The City Of Cape Canaveral Should Have the Authority to Govern Within its Jurisdiction; Providing that Such Authority Should Not Be Eroded: Providing an Effective Date; and Authorize the Mayor to Sigin a Letter Indicating Such Support and Placinq it on the City's Website. A motion was, made by Ms. Roberts, seconded by Mr., Hoog, to approve Conse Agenda Item Nos. 2, 3, 4, 5, 6, 7, 9, and 10. The motion carried 5-iO with voting a follows: Mr., Hoog, For; Mayor Pro, Tern Petsos, For; Mayor Randells, For; M Roberts, For and Ms. Walsh, For. I Item number one: The need to amend page 2, i'tem niumber 2 was discussed. Consensus was reached to amend the minutes to read as follows: Consensus 7 # age uarlaTelai, M•V Cfty Council Regular Meeting Oober 5, 2010 Page 4 of 5 was reached to amend the sign code to exempt Historical markers; to waive arn permit fees and for the City Historian to investigate and', present back to t - I Council the traditional historical markers and the costs for them; using a C1 sign shop, if possible; and pursuing c1ion w rants to, pay for the markers. A mot' made by Ms. Roberts, seconded by Mr. Petsos, to approve Consent Agenda ite number one with the the amendments to the minutes of September 21, 201 Discussion ensued and included Mr. Osborne's research has proven th- difference between grants for private and public property and findiing grants f private property is difficult. The motion carried unanimouslywith voting a follows: Mr. Hoog, For; Mayor Pro Tern Petsos, For; Mayor Randel's, For; M' Roberts, For and Ms. Walsh, For. Item number eight: Council Member Hoog asked if the lowest bid includes the cost cleaning the canal thiat connects the retention pond. Assistant Public Works Direct Ratfiff exp,lained the process that was used to obtain the bids. Discussion ensued an included, the need to ensure no change orders were received for this project, if there a standard that should be used for the rest of the City, the pond owners are to ensu !heir ponds are, working properly, and the City's process of checking all (both wet an N,retention ponds) City owned ponds yearly. A motion was made by Mr. Hoo4 seconded by Mr. Randels, to approve consent agenda item number eight. Th motion carried unanimously, with voting as follows: Mr. Hoog, For; Mayor PrIl Tern Petsos, For-, Mayor Randels, For; Ms. Roberts, For an�d'Ms., Walsh, For. 1 0 Is] 6-114 1 M -i• 11. City Manager Performance Evaluation Form: Mayor Randels reviewed the need for an evaluation of the City Manager, noti:ng a blank form presented by the City Clerk and a request for Council comments to be made regarding the form at thus meeting. Discussion ensued and included the evaluation cycle, the City Manager contract stipulating that an evaluation must be done within six months of hiring and an annual evaluation every June, other employee evaluations taking place on hiring anniversaries, the reasons for using a different form than was used for the previous City Manager, this form being common in concept, there being no real standard for an evaluation form, the rating system being too in -,depth with 21 options, and the possibility of having a simple I through 5" rating with: no decimals for this six-month evaluation. Council reached consensus for the six-month, evaluation form rankings, to simply use 1 through 5. Discussion continued and included the merits of the "evaluation of departments" part of the form, that part being a way for Council members to give feedback to, the City Manager for him to identify departments that he should look at or change, Council being split on the inclusion of that part, reasons for including or not including it, the possibilities of it being an online survey or being optional for a Council Member to rate and not counting towards the total score on the evaivation, and the option for writing comments on the "evaluations of departments"' if a Council Member does not wish to rate the departments individually. Council reached consensus to stress ",verbal and written correspondence" on page 2 of the form. Discussion, continued regarding — -r - eF — -- I I — � —1, r MIM n City Council RegWar Meeting October 5, 2010 Page 5 of 5 where "Visioning" could be added to the form. Council reached consensus to add "Visioning and Strategic Planning" to item #6 "Planning and Organization" on page 3 of the form. Discussion continued and included the merits of adding Economic Development as an item on the evaluation form, reasons for not inicluldling it, hindrances to accomplishing everythling the Council wants with the Himited resources avai:lablle, not wanting to make promises that cannot be achieved, Council needing updates for roles and responsibilities, requested Council d'i'reiction being the purpose of this item being on the agen, da, the time -sensitive requirement for finalizing this form, and a deadline for nd finalizing the form being October 22 Council Member Hoog: Noted that the North Ditch is looking "very bad", with no flow in the ditch anldl a very stagnant appearance. Couincil Mem,ber Roberts: • Requested update on the bus shelters. Staff had noted in the weekly reports that all but two of the pads have been poured. • Requested a list of the contractors working in the City and who is responsible for oversight. • Requested a list of roles and responsibilities of City employees. • Urged for discussion on beach vending. Discussion ensued and included the past discussion related to beach vending and' th i �ast action taken by Council. Council reached consensus to place the item on th lext meeting for further discussion of the Ordinance and the overall issue xeach vending. There being no further business, the Meeting adjourned at 9:02 P.M. City of Cape Canaveral City Council Agenda Form Cit,y Council Meeting Date: 10/19/2010 Item No ........m....._.._ Subject: Approve a Special Alcohol Exemption Permit for Karen Faulkenberry for a Family Reunion at Manatee Sanctuary Park on, November 13, 2010. Department: Parks & Recreation Summary: Applicant Karen Faulkenberry requests a Special Exemption Permit to allow alcohol at a Family Reunion scheduled for November 13, 2010 at Manatee Sanctuary Park. City Code Sec. 6-52 (a) prohibits the consumption or possession of an open container of alcoholic beverage within the confines of any public park within the City. However, per City Code Sec. 6-52 (b), City Council may waive the prohibitions of this section: for any special event provided that nothing in this, section shall be deemed to waive any provisions of state law regulating alcoholic beverages. Requested Council Action: Approve Special Exemption Permit. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: /0 Attachments: Application dated 2/6/10, City Code Article III, Possession and Consumption, Section 6-52 (b), Parks and Recreation Areas Submitting Department Head: Robert Lefever Date: 101/04/10 Approved by City Manager: David: L. Greene Date: q&Le) City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain_._. Adoptcd: 8j'1/08 CITY OF CAITI, CANAVE.RAL, FLORIDA APPLICATION FOR SPECiAL ALCOHOL EXEMPTION PERIMIT Date: FaF3, 0 (0 , a a `w 0 The applicant �iS FCCILICS6110 a SpCCiM CXCRIptioll p-Milit tL) 111DW 11C(Illol at the d-,scribcd event, as per Cape C<inaverzd Code, Article M, Alcoholl Possession & Consumption, Section 6-52 (b). Name ol'Applicant: 9, Titic: Organization: Address: 3 Q B-ftY --C c - C.) Telephone: 3 Q ) — -7 1? 4-1 -- ;L V 0 (.,, l"'A X : A,,/ 09 Local Contact: Type of Event'. .. y rF- -U tj =0 NJ, Location(s): Date(s): Time(s): "C` t o ,' a 0 1(3 a 0 — S 10 00 PERMIT TEES: The applicant aUces to pay the City, in advarice, [or any perinit foes that may be applicable to dic partiCUIar request as,required by the City of Cape Canaveral - t Signature FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City representative's Name: Title: Signatui-e- 4� Date Applicants shall keep a copy of this approval permit wid attachments on the day of the event within the City of Cape Canaveral. I -or further information, please contact: City of Cape callave'ral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 § 6-27 CAPE CANAVFRAI, CODE to the holder of the receipt and affording the holder an opportunity to be heard as to why the revocation should not be issued. (Code 1981, § 734,01(A)—(C), (E); Ord. No� 02- 2007, § 3, 2-20-07; Ord. No. 07-2008, § 3, 7-1-08) Cross reference—Ad Lilt, entortainment reguIntions, §10-86 eL seq. State law reference—AUth0f-ity W r ct uY aLe C011(lUd, FS. §§ 562.14, 562.45. Sees. 6-28,-6,-50. Reserved. ARTICLE 111. POSSESSION AND CONSUMPTION DIVISION 1. GENERALLY Sec. 6-51. Streets, alleys, sidewalks and park- ing areas. (a) It shall be unlawful for any person to drink, consume or possess an open container ofalcoholic beverage, as defined in F.S. § 56,1.01, including but not Iii.nited to beer and wine, on or upon any street, alloy, walkway, sidewalk or any city public parking area open to the public in the ordinary course of` business within the city. (b) The city council may waive the prohibitions of this section for any special event, including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of'state law regulating alcoholic beverages. (Code 1981, § 604.01; Ord. No. 06-2002, § 1, 3-19-02) Cross references—Library, ch. 46; pai-ks and remvntion amas, ch. 54; streets, sidewalks- and other public places, ell. 66; waterways, ch. 106; zoning, ch. 11.0. See. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deerned to waive any provi- sions of state law regulating alcoholic beverages. ("[lode 1981, § 604.02; Ord, No. 9-94, § 1, 2-1-94) Cross refcrence—Parks and recTvation, ch 54. Sec. 6-53. Ocean beach. (,i) It shall be unlawful for any person to possess analcoholic beverage, as defined in F.S. ch. 561, on the ocean beach or dune in containers greate,r than one gallon (1.28 ounces) in capacity. (b) The City Council may waive the prohibitions of this section fbr any special event including, but not limited to, coiro-nunity picnics, charitable ball garner and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. (Ord. No. 09-2006, § 2, 6-20-06) DIVISION 2. MOTOR VEHICLES* See. 6-66. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic bez)eraA,(,, means any beverage contain- ing more than one percent of alcohol. by weight. Proof that as beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name and which bears the manufacturer's insignia, name or trademark, shall be prima facie evidence that such beverage is an alcoholic beverage. Highway means any public street, avenue, bou- levard, roadway, alloy, sidewalk, parking lot or other right-ofway or any area upon which the public has a right to travel, whether public or private, located within the incorporated area of. the city. *Cross references—Streets, sidewalks and other public places, ch. 66', traffic and vehicles, ch. 74, State law reference—Possession of open con1ainei-s in vehicles, F.S. § 316.1926. Supp. No. 17 C11)6:4 CALL TO ORDER: City of Cape Canaveral CITY COUNCIL MEETING '4AVER,dei L LIBRARY MEETING ROOM k Avenue, Cape Canaveral, Florida Tueisda October 19, 2�010 7':00 PM lue, F-INTAIT M31 Proclamation designating the week of October 17 - 23, 2010 as Florida City Government Week Proclamation, clesignatingi the week of October 30 — November 6, 2010 as Week of the Family in Brevard W"MMAZ Port Canaveral Marketing and Community Outreach — Senior Director of Communications and Community Affairs Rosalind Harvey l IT* an amm am Ims a I M- a z REPORTS: City Attorney 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920,-0326 Felephone: (321) 868-1220 w Fax: (321) 868-1248 www,cit-yofcapecanaveral.org - email: ccapecanaveral@cfl.rr.coni City ofCape Canaveral. Florida October 19, 2010 Page 2 of 4 Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their coo 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. VIRMA,ll Approve Regular City Council Meeting Minutes of October 6, 2009 November 17, 2009, December 1, 2009 and October 5, 2010. 2. Approve a Special Alcohol Exemption Permit for Karen Fauilkenberry for Family Reuinion at Manatee Sanctuary Park on November 13, 2010i. 3. Approve Resolution No. 2010�21-, Florida, Authorizing the Inclusion of The City Of Cape Canaveral in the 20!10 Update Of The Brevard Prepares Local Mitigation Strategy Plan; Providing For An Effective Date. r Approve Resolution No. 2010-29; Reappointing a Regulia Boar em er to the Beautification Board, Bradley J.P. Varuska "W". 5. Approve Resolution No. 2010-30; Appointing an Alternate Board Member to the Library Board, Dr, Tim Grady. 6. Approve Locall Agency Program (LAP) Supplemental Agreement No. 1 for Additional Funds in the Amount of $249,174.00 for the Ridgewood Avenue Improvements Project. 7. Motion to Adopt: Ordinance No.00101, Adopting Amendments to t , Cape Canaveral Comprehensive Plan Based on the Evaluation a 01 Appraisal Report ("EAR"); Providing for the Repeal of Inconsiste Ordinances and Resolutions, Incorporation in the Comprehensive Pla L 0 egal Status of the Comprehensive Plan Amendments, Severab�ility, a an Effective Date, at Second Reading. 8. Motion to Adopt: Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior "ape Canaveral, Florida R 20 10 )f4 I Inconsistent Ordinances, and Resolutions; Incorporation into the Code; Severability, and an Effective Date, at Second Reading, 9Motion to Adopt: Ordinance No. 13-2010, Amending Chapter 11M 'W Amusements and Entertainments, of the Code of Ordinances; Reguli ati Outdoor Entertainment Events� Providing for the Repeal" of Pri I Inconsistent Cirdinances and Resolutions; Incorporation into the Cod Severabiility; and an Effective ate, at Second Reading. MWEM , Lv'&LOM�Woi 10. Motion to Approve: Resolution No. 2010-22, revising City Code Appendlix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article 111. 11. Approve the second amendment to the Bincling Development Agreeme and Motion to Approve: Resolution No. 20110-31, providing for the divisi of a tract of land owned by Martin Marietta Materials, Inc., Generally I located on Challenger Road in Cape, Canaveral, Florida and legally described herein, two (2) lots of record; providing for the repeal of prior inconsistent Resolutions, Severability; and an effective date, 12. Motion to Approve: Ordinance No. 15-2010, adopting the amendments th i e Annual General Fund, Sewer Enterprise Fun, Stormwater Utility Fun Special Revenue Funds, and Expendable Trust Funds Budgets for t Fiscal Yeaginnin20 r beg October 1, 09, and ending September 30, 201 providi:nig for an effective date, I 13. Motion to Approve: Ordinance No. 16-10 0, amending Chapter 74, Traffm an Vehicles, of the Cape Canaveral Code of Ordinances to express,, prohibit the stopping, standing or parkin�g of vehicle on any portion of right-of-way, whether improved or unimproved-, providing for the repeal prior inconsistent Ordinances and Resolutions-, incorporation into th Co, Severailiity; and an effectivte. I debe da lip] I �0 1 , PROW0110,11111111MEN-1 . 14. Discussion of City Code Section 110-486 — Resort Dwellings, Resorl Condominiums; Non -Conforming, Use Status, and Expiration. 1b �ap��oouvcr L Ruhdm l0\20l8 f4 Discussion of City Code Chapter 54, Article I (P,arks and Recreation) to enable Beach Vending Franchises. Pursuant to Section 286D105, Fl:dda Statutes, the City hereby advises, the public that: If person decdmo to appeal any decision made bythe City Council with respect to any matter considered at this meeting, that person MI 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 appeaf is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmfssilble or irrelevant evidence, nor does kauthorize challenges orappeals not otherwise allowed by|aw. Persons with disabilities needing assistance to participate inany ofthese proceedings should contact the City Clerk's office (868-1221)4Bhours inadvance nfthe meeting. City of Cape Canaveral City Council Agenda Form City Council Me.eting Date: 10/19/2010 Item No�. —3 Subject: Approve Resolution No. 2010-21 Authorizing the Inclusion of the City of Cape Canaveral in the 2010 Update of the Brevard Prepares Local Mitigation Strategy Plan. Department: Public Works Summary: Brevard County has revised the Local Mitigation Strategy Plan (LMSP), which is required every five years. This Resolution approves/authorizes the inclusion of the revisions into the LMSP. This updated LMSP has, been submitted! to the Florida Department of Community Affairs and the Federal Emergency Management Agency (FEM'A) for review in conjunctio�n with the requirements of the Disaster Mitigation Act of 2000, Requested Council Action: Approve Resolution No. 2010-211 Authorizing the Inclusion of the City of Cape Canaveral in the 2010 Update of the Brevard Prepares Local Mitigation Strategy Plan. Financial Impact: As noted in the Plan Reviewed by City Treasurer: Andrea Bowers Date: Attachments: #1. Resolution No. 2010-21. #2. Background Information and Summary of City Commitmients. #�3. Executive Summary. #4. Local Hazard Mitigation Plan Update. Submitting Department Head: Walter Bandish Date: 10/08/10 Approved by City Manager: David L. Greene Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain A w- U01 X; I I A RESOLUTION OF THE CITY OF CAPE CANAVERAL:,, BREVARD COUNTY, FLORIDA, AUTHORIZING THE INCLUSION OF THE CITY OF CAPE CANAVERAL IN THE 20,10 UPDATE OF THE BREVARD PREPARE ' S LOCAL MITIGATION STRATEGY PLAN; PROVIDING FOR AN EFFECTIVE DATE. lop Ww A mma ww w w I w 0 off@ 11 0 v w IN so 1111111111111911 11 - 11 ............ I . . . . . . . . City of Cape Canaveral, Florida Resolution No. 2010;-21 Page 2 of 2 SECTION 4. The City of Cape Canaveral will continue to participate in the Brevard Prepares Local Mitigation Steering Committee to, update and expand the Brevard Prepares Local Mitigation: Strategy Plan. SECTION 5. The City of Cape Canaveral will further encourage other businesses, industries and: community groups within Brevard to also participate in Brevard Prepares to support the Brevard Prepares Local Mitigation Strategy Plan. APPROVED AND ENACTED by the City Council of the City of Cape Canaveral, Brevard County, Florida in a regular meeting conducted on the day of 201�0. ATTEST: Rocky Ranidels, Mayor Name For Against Angela M. Apperson, CIVIC City Glekr Robert Haug Buzz Petsos 164 li� 0$ Approved as to Form: Betty Walsh Anthony A. Garganese, City Attorney Eum W 111 11 ��,j M. 1 Abbreviated background information for the Brevard County Local Hazard Mitigation Plan includes the following: • The multi -jurisdictional hazard mitigation planning process seeks to decrease the vulnerability of the county and' its municipalities to natural, technological and man-made hazards, This planning effort is being conducted by a committee of jurisdictional representatives called "Brevard Prepares." • The original Brevard County Local Hazard Mitigation Plan was issued lin 1999, and a major update of the plan was re -issued in June of 2005. This document represents the second major' update of the plan, in accord with the requiirements of the State of Florida and the Federal Emergency Management Agency (FEMA), • Cape Canaveral is a slowly growing area with a population of 101,100 whose economic base is recreation and tourism, and occupies about 1.9 square miles. Only 10% remains undeveloped - residential land use is expected to remain at about 55%. • Since 2004, Cape Canaveral reported one significant disaster event (Tropical Storm Fay), resulting in more than $50,000 in damages and response costs. The highest ranked hazards for this jurisdiction were High Winds, Lightning, and Landslide/Erosion, unchanged from the last update. • Previous, mapping projects indicate that in a Category 3 Hurricane, the city could experience peak wind speeds of 127 mph; in a 101, -year Tropical Event, the city could experience peak wind speeds, of 67 mph. Thunderstorm and hail risks are for about half the city to experience a one -in -50 chance and the other half a one -in -100 chance of experiencing more than $50 damage; Tornado risk is medium; and Wildland Fire level is low. • During 'this planning period, no additional critical facilities were added in Cape Canaveral to the original six in the last plan update. The six facilities include the Public Library, Recreation Center, City Hall, Police Department Building, Volunteer Fire! Station Building, and the Wastewater Treatment Plant (WWTP). Five mixed use and one residential neighborhood were examined in previous plan updates in the context of the number of structures, the value of structures, the approximate number of persons living there, and therefore, the potential cost to persons and property should a variety of hazard events strike. These variables then yielded a measure of the total estimated value of structures at risk. Previous mapping projects indicated that, for 10 -year Tropical Storm events, Category 3 Hurricanes,, FEMA Firm zones, Thunderstorm and Hail risks, Tornado risks, and Wildland Fire levels, only one hazardous materials site is located in a high-risk flood area. None are in a high storm surge risk area, but all facilities are in a high wind risk area. * Cape Canaveral is a participant in the National Flood Insurance Program (NFIP,), as well as Community Rating System, and has a rating of 8. * The City has ten initiatives incorporated into the plan, with six of these initiatives considered approved and four pending approval for including in the plan. It is the expectation of Brevard Prepares that the governing body of each participatingi jurisdiction will review, consider and! act on their Individual Jurisdiction Mitigation Plan in a timely fashion. If the governing body acts in a positive manner, this is basically an approval or endorsement of the proposed mitigation Initiatives contained in the corresponding section of the plan. This approval or endorsement, with or without modification by the governing body, represents both consent and commitment by the representatives of that organization or juirisd'iction to seek the resources needed to implement the priority initiatives contained therein. Ran adoption is also important evidence that Cape Canaveral is an active participant in the coordinated Local Mitigation Plan effort of Brevard County, and therefore eligible for some types of state or federal funding not available to non -participants. This action by the Cape Canaveral City Council documents approval and endorsement of three fundamental aspects of the Brevard County Local Mitigation Plan. o It has approved its, own, jurisdiction -specific component of the Brevard County plan, and instructed the participating city agencies and organizations to implement the plan. o It documents the city's endorsement of the aspects of the countywide planning process that pertain to all participants, such as approving the mitigation goals and objectives established by Brevard Prepares for the countywide plan. o It stipulates that, because of the multi -jurisdictional character of the Brevard County mitigation planning process, Cape Canaveral has reviewed the mitigation initiatives proposed by other jurisdictions for implementation and has found no reason to object to their implementation or to be concerned otherwise regarding mitigation actions planned by the other participating jurisdictions. N Establish a telephone emergency alert system Council initiative - not a budgeted item I Relocate overhead utilities I Under further evaluation by City staff - not a budgeted item Cape Canaveral stormwater upgrade Under further evaluation by City staff - not a budgeted item Clean and restore 4,000 ft of the Central Not a qualifying activity - considered a maintenance project - Ditch portions of the ditch (400 ft) are scheduled for dredging in FY201 2011 Purchase two (2) 60 -kilowatt generators for One generator was purchased in FY20 09/2010 and another sewer lift stations I generator is budgeted for FY2010/201 I Purchase portable lighting generator I Under further evaluation by City staff- not a budgeted item Purchase additional stormwater pump for basin pump -outs Pump has been purchased I Rebuild Master Lift Station at WW TP I Under further evaluation by City staff - not a budgeted project Harbor Heights stormwater pipe Waiting on final easements - project is scheduled for FY2010-2011 replacement I Purchase four (4) electronic message boards 11 Obtaining quotes for installation at City signs - possible purchase for emergency evacuation information in FY2011-2012 � � M, ' 11 11111: M1 rel all k] I I III Ill Ill IjIl o Brevard County is threatened by a number of different types of natural, technological and societal or man-made hazards. These hazards endanger the health and safety of the population of the community, jeopardize its economic vitality, and imperil the quality of its environment. Because of the importance of avoiding or minimizing the vulnerabilities to these hazards, the public and private sector interests of Brevard County joined together in 1998 to create the Brevard County Mitigation 20120 Task Force:, which was later renamed to Brevard Prepares. Brevard Prepares has undertaken a comprehensive planning process that has culminated in, the publication of this second update of the "The Brevard County Local HazardMitigation, Plan." This is a multi jurisdictional hazard mitigation plan, and the planning effort has been conducted through the coordinated, cooperative effort of several local governments within the county. These include Cape Canaveral, Cocoa, Cocoa Beach, the Town of Grant-Valkaria, The Town of Indialantic, Indian Harbor Beach, The Town of Malabar, Melbourne, the Town of Melbourne Beach, Palm Bay, the Town of Palm Shores, Rockledge, Satellite Beach, Titusville, West Melbourne, and Brevard County, All have been active participants in the planning process. Melbourne Village, a previous participant in the mitigation planning process, declined to participate for this update. The Town of Grant-Valkaria is new to the planning group for this update. Other key participant organizations and agencies have been American Red Cross, Health First, Home Builders & Contractors, Brevard Community College, Florida Power & Light, St. John River Water Management District (SJRWMD), Florida Solar Energy Center, Harris Corporation, Circles of Care, Country Acres Housing and Human Services, Brevard Amateur Radio Emergency Service, SCAT, School Board, Wuesthoff Health Services and the District 4 County Commissioner's Office. The Brevard Prepares has also, actively engaged the community at large in the mitigation planning process, undertaking several efforts to solicit the community's opinions and recommendations regarding mitigation needs and the topics covered in the plan. Brevard Prepares has also conducted detailed assessments to identify the hazards threatening the jurisdictions of Brevard County and to estimate the relative risks posed to the community by those hazards. This information has been used by Brevard Prepares to focus its planning efforts on assessing the vulnerabilities of the facilities and neighborhoods of Brevard County to the impacts, of future dlisasters involving those hazards. With these vulnerabilities defined, Brevard Prepares has worked to identify, justify and prioritize specific proposal's for projects and programs that will avoid or minimize these vulnerabilities in the future. These proposed projects and programs are referred to as "mitigation initiatives" in this document,. In the 1999 plan, 368 initiatives were included; in the last plan update there were 651 initiatives included. Currently, this plan includes 377 proposed initiatives as of July, 2015, while it also documents completion of numerous initiatives previously proposed by the participating jurisdictions. With each implementation effort, Brevard Prepares will continue to help make the participating communities more resistant to the human and economic costs of future disasters. This document describes the work of Brevard Prepares over the past five years to adapt the planning organization to changing circumstances that accompany population growth and disaster events. This has included undertaking additional technical analyses, as well as coordinating the planning for new initiatives proposed by the participating jurisdictions, as well as coordinating implementation, of the mitigation initiatives already approved for incorporation into the plan. This update of the plan has been submitted to, the Florida Department of Community Affairs and the Federal Emergency Management Agency (FEMA) for review in comparison to the requirements of the Disaster Mitigation Act of 2000. Upon a decision that the updated plan adequately addresses these requirements,, the update will be submitted to the participating jurisdictions' governing bodies for formal adoption and approval. Details of actions to adopt the plan are also to be documented in Section 5 when completed. The general public has been and will continue to be provided a range of opportunities to participate in the updating of the mitigation plan. After the first draft of this update was prepared, it was posted to the Brevard Prepares website in early December, 2009, and public notices requesting comments were posted at all county government locations. The website is http://embrevard.com/documents/Imsplan.12d . This comment period ended January 30. In addition, following this public availability of the plan, a public hearing was held on June 22, 2010. As of this date this revision, no comments or suggestions from the public have yet been received through any, of these means of participation. Nevertheless, to continue to provide opportunities for public involvement in the planning process, The final draft plan will now be submitted to the governing bodies of the participating jurisdictions for final approval and adoption. Consistent with, the normal practices of the participating jurisdictions, which conduct meetings in accord with Florida's open meetings statutes, the public will again have an opportunity to make comment upon jurisdiction adoption of the plan. In accord with Federal practice, the participating local jurisdictions have one year from the date of State and FEMA approval of the plan to complete the formal adoption. This plan will continue to be updated and expanded in the future to ensure it addresses changing conditions in the participating jurisdictions, experiences with disasters that occur, and any changes in the characteristics of the hazards that threaten the involved communities. This updating process and future editions of the mitigation plan issued will also be used to inform and involve the general public and other interested groups in an effort to elicit their participation in making the community more: resistant to the impacts of future disasters, K F.Um Brevard County Brevard Prepares, Local w Mitigation Plan Update M, m Umm I M, - IRE= 17111! ITIFFIF1111,11TI 111111111SIE! 1•1111-rorrMyr-M, R -a ....... . ..... .... Introduction 563 Hazard Events and Hazard Identification 563 Facilities and Neighborhoods gation Policies and Plans• Status of Previous Initiatives• Future gation Action Status•)f plan Promulgation and Approval 'urren�t Cand Olses ann Fotenvai Tor Newlevelopment Future Land Uses and General Development Trends Land Use Trends for Caple Canaveral Hazard Events Hazea# l4entificatitni• ............ Analysis of Priority Hazards for Cape Canaveral Comparison of Jurisdictional Relative Risk Ini 10-0 m-PORM I-TON1,111m. C impm- ITI_r"-..11 sm- I all I . ................................... - Facility Vulnerability Scores• Critical Facilities IdentifiedII Ne �hborhood Typ !a§ and Structure Characteristics• Neighborhood Vulnerability Assessment Scores Percent of Neighborh.o.ods and Facilities Assessed Mitigiation-Related Policies and Programs, Current Hazard gation Codes Staltulls"I"of )�.articlpatjonjn the NFI�?� Initiatives fo r Ass essed Facilities Initiatives for AssessedNeighborhoods . . . . .................. — gation Initiatives Currently Proposed ou Goals and Objectives for thie Local Mitigation Planning Process R -a 562 mWeriprWar, Cape Canaveral is a participant in the Brevard County, Florida, multi -jurisdictional hazard mitigation planning process, which is a cooperative effort to decrease the vulnerability of the county and its municipalities to natural, technological and man-made hazards. This planning effort is being conducted by a committee of jurisdictional representatives called "Brevard Prepares." The original Brevard County Local Hazard Mitigation Plan, was issued in 1999, and a major update of the plan was re -issued in ,lune of 2005. This document represents the second major update of the plan, in accord with the requirements of the State of Florida and the Federal Emergency Management Agency (FEMA). This section discusses the current status of the development and implementation of the Brevard County Local Hazard Mitigation Plan in Cape Canaveral, and the next steps that will be undertaken to continue the process of making the community less vulnerable to the potential effects of natural, technological and societal disasters or events. Cape Canaveral is a slowly growing area with a population of 10,100, whose economic base is recreation and tourism, and occupies about 2.3 square miles. Only 10% remains undeveloped. Residential land use is expected to remain at about 55%. (See reports, "Current Land Uses", "Future Land Uses", and "Trends in Changes to Land Use".) There are several aspects of plan implementation that need to be addressed: • Disaster events that may have affected the community and identified a vulnerable facility, neighborhood, or system • A continuing examination of facilities and': neighborhoods' vulnerability to disasters • Instances where the Local Mitigation Plan has been incorporated into other planning documents • Previously proposed mitigation initiatives that have been implemented, completed, or terminated, and their effect on the community • Future mitigation actions, priorities for implementation of approved mitigation initiatives now incorporated into the plan, and active pursuit of funding opportunities • The status of promulgation or formal adoption of the plan update by the participating jurisdiction Hazard Events and Hazard Identification Recent disaster events can be very helpful in highlighting the mitigation needs of the community based on the type, location or maginitude of the impacts experienced. In turn, this can be a major factor in the future progress of implementation of the plan, as Brevard Prepares considers and acts on actual disaster experience by the community. Such recommendations can be referred to a "lead" agency with the intention that that organization will use the information to propose additional mitigation initiatives for incorporation into the plan. Since 2004 Cape Canaveral reported one significant disaster event, resulting in more than $50,000 in damages and response costs. As initiatives in the plan are implemented MW periodically, the link between them, and lives and property saved will be made and documented in the next plan update. (See the report, "Hazard Events for this Jurisdiction," which is attached to this section.) The highest ranked hazards for this jurisdiction were High Winds,, Lightning, and Landslide/Erosion, unchanged from the last update. The rankings of all potential hazards are found in the attached reports, "Hazard Identification by Jurisdiction", "Analysis of Priority Hazards for Cape Canaveral", and "Comparison of Jurisdictional Relative Risk", While city officials assessed all hazards, many did not rank high enough to provide a positive score and therefore, are not represented in these reports. Previous mapping projects indicate that in a Category 3 Hurricane, the city could experience peak wind speeds of 127 mph; in a 10 -year Tropical Event, the city could experience peak wind speeds of 67 mph. Thunderstorm and hail risks are for about half the city to; experience a one -in -50 chance andl the other half a one -in -1010 chance of experiencing more than $50 damage; Tornado risk is medium; and Wildland Fire level is low. Currently, there are seven repetitive flood loss properties within the jurisdiction, but none as defined pursuant to, the National Flood Insurance program. (See the attached report, "Identified Repetitive Loss Properties" for details.) The dollar amounts of repetitive losses for these properties are not readily available. Facilities and Neighborhoods During 'this planning period no additional critical facilities were added to the original six in the last plan update. Previously developed information is found in the reports, "Vulnerabilities of Designated Critical Facilities", "Detailed Report on Facility Vulnerability Assessments", "Facility Vulnerability Scores", and "Critical Facilities Identified, by Jurisdiction".) (Note that in this public version of the plan, some facilities and/or ratings may be kept confidential.) Five mixed use and one residential neighborhood were examined in previous plan updates in the context of the number of structures, the value of structures, the approximate number of persons living there, and therefore, the potential cost to persons and property should a variety of hazard events strike. These variables then yielded a measure of the total estimated value of structures at risk. These neighborhoods are documented in the attached reports, "Neighborhood Types and Structure Characteristics", and "Neighborhood Vulnerability Assessment Scores,". Previous mapping projects indicated that, for 10 -year Tropical Storm events, Category 3 Hurricanes, FEMiA Firm zones, Thunderstorm and Hail risks, Tornado risks, Wildland Fire levels, only one hazardous materials site is located in a high-risk flood area. None are in a high, storm surge risk area, but all facilities are in a high wind risk area. With these completed assessments as, a starting point, Cape Canaveral can continue to identify and assess additional critical facilities and potential terrorist targets during the next planning period. (See the attached report, "Percent of Neighborhoods and Faci�lities, Assessed by Jurisdiction".) In addition, the neighborhoods and critical facilities already assessed will be further considered in light of the hazards they are most vulnerable to, and mitigation initiatives developed where appropriate. MI SWUM MIA 901111213m, 2=1 - For this update, additional policies, or plans were not reviewed or added to those 15 already in force identified and included in the last plan update. These policies are from the Comprehensive Plan, Land Development Code and Capital Improvement Plans. (See the attached reports, "Mitigation -Related Policies and Programs"' and "Current Hazard Mitigation Codes".) However, efforts were made to identify areas of integration of the Local Mitigation Plan with other plans. Cape Canaveral's Comprehensive Plan included in its Capital Improvements Plan a schedule of six mitigation initiatives for storm water improvements. They are documented at the top of the above-mentioned "Policies and Programs" report. The city can continue to identify any other policies, or plans that relate to the other higher -risk hazards and document them, or if there are none, to consider where shortfalls may be addressed through future proposals for non-structural initiatives. The city is a participant in the NFIP program, as well as Community Rating System, and has, a rating of 8. (See the attached report, "Status of Participation in National Flood Insurance Program".) Currently, the letter of map change for the city's, Flood Mapping project is in "Distribute Determination" status and has a preliminary study in progress at this time. The implementation of the mitigation initiatives proposed as a result of Brevard Prepares' planning process is an important measure of the progress in implementation of the Brevard County Local Hazard Mitigation Plain. As the participants in the planning are able to implement more and more of the proposed initiatives, that have been incorporated into the plan, the facilities, systems and neighborhoods of Brevard County can become more and more resistant to the impacts of future disasters, Of course, the true measure of progress in the implementation of mitigation initiatives is their effectiveness in saving lives, avoiding property damage and protecting valuable or irreplaceable resources in the community. And there will be more opportunities to measure the "success" of Brevard Prepares' mitigation efforts. The City has ten initiatives incorporated into the plan, with six of these initiatives considered approved and four pending approval for including in the plan. (See the attached reports, "Initiatives for Critical Facilities," "Initiatives for Assessed Facilities" and "Initiatives for Assessed Neighborhoods" for additional information.) Future Mitigation Action Seven additional mitigation initiatives have been proposed during preparation of this, update which will be brought to the next Steering Committee meeting. These proposed initiatives are the result of experiences with Tropical Storm Fay. (See the attached report, "Mitigation Initiatives Currently Proposed,") As a part of its future planning process, Brevard Prepares also will periodically review the proposed mitigation initiatives approved for incorporation into the plan to determine W -N their priority for implementation during the next planning period. This assessment will provide guidance to the individuiall jurisdictions and organizations proposing the initiatives to encourage them to focus on those designated as priority. However, because each participating jurisdiction or organization has independent authority and responsibility for implementation of their proposed mitigation initiatives under the mitigation planning approach used by Brevard Prepares, the jurisdictions and organizations retain the prerogative to act in their own interests, using their own priorities for mitigation initiative implementation. In many ways, the priority for implementation assigned to propose mitigation initiatives could be considered a suggestion or recommendation to the proposal sponsors to seek the resources for implementation. These resources may range from the normal budgeting process for the jurisdiction or organization, to seeking state or federal financial or technical support for implementation of the initiative. (The designation "priority for implementation°" means that Brevard Prepares recommends that sponsors of those initiatives so classified focus on their implementation as soon as feasible.) Status of Plan Promulgation and Approval Promulgation and approval of the updated plan is a very important step in assuring its implementation. This is an "Individual Jurisdictional Mitigation (Plan" which contains all of the jurisdiction -specific information developed to date. Included here are numerous reports based upon data sources developed or coordinated through the efforts of personnel' representing the individual jurisdiction participating in the planning process. It is the expectation of Brevard Prepares that the governing body of each participating jurisdiction will review, consider and act on their Individual Jurisdiction Mitigation Plan in a timely fashion. If the governing body acts in, a positive manner, this is basicaliy an approval or endorsement of the proposed mitigation initiatives contained in the corresponding section of the plan. This approval or endorsement, with or without modification by the governing body, represents both; consent and commitment by the representatives of that organization or jurisdiction to seek the resources needed to implement the priority initiatives contained therein. Only through actual implementation of the proposed mitigation initiatives contained in this, plan can Brevard County be made a more disaster -resistant community. Plan adoption is also important evidence that Cape Canaveral is an active participant in the coordinated Local Mitigation Plan effort of Brevard County, and therefore eligible for some types of state of federal funding not available to non -participants. This action by the Cape Canaveral City Council documents approval and endorsement of three fundamental aspects of the Brevard County Local Mitigation Plan. 1) it has approved its own, jurisdiction -specific component of the Brevard County plan, and instructed the participating city agencies and organizations to implement the plan; 2,) it documents the city's, endorsement of the aspects of the countywide planning process that pertain to all participants, such as approving the mitigation, goals and objectives established by Brevard Prepares for the countywide plan (See the! report, "Goals, and Objectives for the Local Mitigation Planning Process"); and 3) it stipulates that, because of the multi -jurisdictional character of the Brevard County mitigation planning process, Cape Canaveral has reviewed the mitigation initiatives proposed by other jurisdictions for implementation and has found no reason to object to their NM implementation or to be concerned otherwise regarding mitigation actions planned! by the other participating jurisdictions. Cape Canaveral will pursue formal adoption of this plan upon a finding by the Florida Department of Community Affairs and Federal Emergency Management Agency that the draft of the 2009 update of the Brevard County Local Mitigation Plan has adequately addressed state and federal requirements. Summary Cape Canaveral has been an active: participant in the planning process, conducting additional assessments, and proposing further action to mitigate known hazards to critical facilities, in particular. Brevard Prepares recognizes that it will take a long period of time and implementation of many if not all of the proposed initiatives approved for this pllan, to make Brevard County a truly disaster -resistant community. However, the continuing dedication to, the safety and welfare of the community shown by the participants from Cape Canaveral in this planning process will make this goal possible. on r i. Brevard: Prepares Ut)date of the Brevard C L Q41U"t- xHANtuati Jurisdiction -Specific Local Hazard Mitigation Plan For Cape Canaveral Im; : km`l :4 IQ -10 Mum RM WEI Brevard Counity Brevard Prepares Currei-it Land Uses, and Potential foDevelooment. bv Jurisdiction Cape Canaveral 10 percent of the jurisdiction remains to be developed 0.23 square miles remain to be developed Current Land Use Category Commercial Industrial Developed Wth mixed uses Residential M Percent of Jurisdiction 301% 5�% 10% 55% m Brevard County Brevard Prepares Future • Uses and General Development Tren• Jurisdiction The current rate of development of vacant or, unused land Rapidiy or somewhat faster than planned The current rate of expansion, reconstruction or redevelopment of existing Sorne properties in a few locations Developmenta'Redevelopment Currently Controlled By: A building code A land use plan A zoning code Desired future land uses by the 2010 Percent of Future Land Use Category Jurisdiction Commercial 30% industrial 5% Developed with mixed uses 10% Residential 55% I'm 574 f q \ o . 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EE a s �� aa m cna '® a cu rn yrs enc mitt + q � sa E nr qs c `a as n Z -i _3 CL E0 LL @ LL LL m E 0SE 0 �0 Ct m C CL ® CM IM 40 U �^`..� ED_ Zm LL LL Z "+d Z J J °u1 U � 4A co CL 17 iy Taj d)A7 QJ �7 qCj It Com"? �?a C C C, U a 05 '� U N qJ G lq slu U c t 3: a ff s 6 a @ o (1Y _ o �3 CTI O 5 rt 010 VI a'a yip fyp a Q « " m 'IT in n - au ra 0 0 c°°L c E a to 2 u EV o ° 2 E z- i a cnVm enc ? EE a s �� aa m cna '® a cu rn yrs enc mitt + q � sa E nr qs c `a as n Z -i _3 CL E0 LL @ LL LL Brevard County Brevard Prepares The highest priority hazards for Cape Canaveral have been identified as the following: There have been 6 critical facilities identified for this jurisdiction, There have also been 6 neighborhoods identified for this jurisdiction. Vulnerability Vulnerability Hazard Score Hazard Score High Winds 55 Lightning 50 Landslide, Erosion 40 Telecommunica Lions 30 Terrorism 28 Loss of Electrical Service 25 Key Employer Crisis 25 Loss of Water Service 24 Hazardous Materials, 24 Crime 20 Economic Crisis 20 Storm surge 20 Hail 18 Flooding 14 Major Fire - Urban 9 civil Disturbance 9 Radiological 7 Loss of Sewer Service 4 Major Fire -Wildland 3 Drought 2 Loss of Gas Service I Infestation, Disease I Severe Winter Storm I There have been 6 critical facilities identified for this jurisdiction, There have also been 6 neighborhoods identified for this jurisdiction. .2 E 0 a — — a N — M — N 0 0 — — 0M — — .-,-N 0 Q w N CD CD N N 0 0 0 0 KD C) V 0 th > cz c ua t cz CCa Ct CD 0 ^r r N 0 0 M 5 M > c. <C M 0 0 C> Cl) N E qS W c '2 0 CL .2 > Q) Co c GO 0 0 C) C) LO LO C) Ul) 0 C) C) C) C) C) C) ko CD C. ® C) 0 C, C3 C3 C:, 0 C) NC) a R a CR !�.4 0 p N 0 N U) u) LB Q via � u5 LO W') LO t—D—Lo —Lnua ,) iB ti zM .9 2Z .9 .9 P. j; 1; 00 1; 1w j; 1; M co ro co cu M -a 75 75 75 -6 M M w M M M M M M = c Q a M a a a acl= a a a a c a < < < < < <d < < < < < 39 < < < < < Fes- C1 '15 5 Z '5 15 t '8 t -6 4 4 0 co M co M 0 M 0 0 0 0 0 0 0 0 0 a 0 0 0 U) C 0 a • 2'x .? 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'W :2 J f _7 f L7 P- N M In—N 04 In CLQ N Y6 U c e� CC U 6 V�? C ° MMo V 0 � 0 0 I W o..oaf0sr`o o aim c c was 6 0 6 0 4 N It LO l!J Q. N 0 rn E IT, toe, 0 Im E A' E -00, C. E 'ao sm IM E —o Co, COL m o.csT� aha E �r m�s'oma' vsh�maMa O OO> 'E'6 ' ud ma d 6 va za0w6 Qi LfS T } Ei6la C omCC9 FL - - E CL (gym sn5w'S9 o. -DO 4 rte. M*- 6 Q4 fM1s d o r N CO 1* 0 rN 04 CSS IIM Brevard County Brevard Prepares Vulnerabilities of Designated Critical Facilities, by Jurisdiction Facility Name: Brevard County Library -Canaveral Primary Vulnerabilities* Facility Address: 201 Polk Avenue Power Loss City: Cape Canaveral Zip Code: 32920 - Facility Name: Cape Canaveral Recreation Center Primary Vulnerabilities* Facility Address: 7300 N. Atlantic Ave Power Loss City: Cape Canaveral Zip Code: 32920 - Facility Name: City Hall Admfn Building Primary Vulnerabilities* Facility Address: 105 Polk Ave Power Loss City. Cape Canaveral Zip Code: 32920- Community Service Impact Facility Name. Pollee Department Primary Vu linerabi 11 Wes* Facility Address: I 11 Polk Ave Communications Loss City: Cape Canaveral Zip Code: 32920- Health and Safety Impact Psychological Impact Community Service impact Facility Name: Volunteer Fire Station Primary Vulnerabilities* Facility Address: 190 Jackson Ave Communications Loss City: Cape Canaveral Zip Code: 32920- Health and Safety impact Community Service Impact Facility Name: WMP Primary Vulnerabilities* Facility Address: 601 Therm Blvd Sewer Service Loss City* Cape Canaveral Zip Code: 32920- Health and Safety Impact Psychological Impact Economic Impact Community Service Impact Environmental Impact Hazardous Materials * Categories with a vulnerability rating of 3, which is the most vulnerable or disruption causes the most, community impact W. > 20 CL c 5 m ji LO 015 StiA�wt02 La 0 M � m E0 3 3 A 0 2-.2 m P- -g '0� 0.9 w CL2 10 pq 2 E-1 .14 L) 0 ui C3 CL .0 V :a N -2 k IC13 nm E o E 8 Lm L r_ 0 E 0 Z m CL, Ck 0 rcm CL 05. > ,5 6 ujww Lek CL > 20 CL c 5 m 21. o i'ffi 75 > H 0 .5� oj 20 K9 tai ur 00 020 0 H ca 09 ID o 04 CA N FF5 75 > 0 Si I W m 0 M 0 a D f; Cl Q 0 CD p 0 r a) c 0) a G M a a V: 0 C Z CIO , E E - 0 2 EL ui P E LL 0 c U. > r- La CA .14 IV Kai 9k 'aA m 0 0 M Z 0 0 0 cn, 0 _5 0 (D TQ CL FL 0', r- IN m o 'o w CL 0 Le 1 In M CL 2 C:l oc c 75 LO 0 8 —0 _0 0 RU M 72 ou i= 0 a r- .0 w 0) M 0 0 (D M uy V) i5 0 CIO 0 0 2 2 —>, 0 c 0 r- 0 -2 Cr. 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'a 2 2 FL Vo _o cn TA —0 0 0 5 U) 5 rn " 0 E Z, 0 C 10 a 2 46 0 0 ca z CY w t" 9 - 0 0 0 M'C 2 2 C0L.2 -0 (D 0 > 0 .2 R -s z :s .0 113 a) --s Z 0 2 a) am 'a co �U) m Cc 0) :9 -0 22 U) 0 U) 2 E 0 J2� W C CL CL CL , cl C L q Q 27 0 0 0 .0-2 'A ie 15 a4a 0 75 4 G 4 4U to q7 0 C-en�g cu > 0 E. E 0- V cy 0 m a) 15 a) a) a) LL 0 0 C) 0 -0 M CL LL 0 0 C U- m CL ME C 0 0 LL C13 F- m �- F- W eta Cl3 G7 Cl) O— Nmo — (N m 0 C'J m (D r^^ NIM 0r N Lf) ul 2 fq C: a C 7 9 CL Ill E w 0 0.0 0 Ln m 0 C 0 75.0 GH,U) n r- > 0 w U) >0 >< 0C3 LO Brevard County Brevard Prepares Facility Vulnerability Scores, by Jurisdiction Jurisdictioni Total Vulnerability Facility Facility City Score Cape Canaveral Brevard County Library -Canaveral 201 Polk Avenue Cape Canaveral 19 Cape Canaveral Recreation Center 7300 N. Atlantic Ave Cape Canaveral 20 City Hall Admin Building 105 Polk Ave Cape Canaveral 22' Police Department 111 Polk Ave Cape Canaveral 27 Volunteer Fire Station 190 Jackson Ave Cape Canaveral 25 WWTP 601 Thurm Blvd Cape Canaveral; 35 M C) 0 0 0 0 0 V CF) C3 w V) m m co w m r- Ir LI) LO LO 'gr C) to to (0 (0 OD co co co co w mJ C) 0 C:� 0 n (D C) CO N 0) 0) OD co Cl) co CG 0) LO 0 m CD co C-0 co to co cn C? q C? V� Ci (i co N co N co 00 N (N co C14 DO 04 CL C14 0) Clil 0) a 04 N co m cq cv) N m U. IL LL LL LL 2 2 v E co m C r- m a m C m m cd m C) m C) (o C) OL tii fi CL 0u CL m m m m co m CL 4) 15 > 0 0 CL 0 0 m (L co C) 0 Cf) LLID ;> C) 0, 'o (n tin C C E r- r_ CD LD 2) r 0)n E (D 0 QIP a„ 0 CD E 0 E Q E 0 2 1 Z, m .Cl.- m 2L ca 2- (U a� R 0 Rl q .9 .0 r- r_ r_ LL mi M Z> C) 2 2 I- cri C 0 LI `©0 C W :tl :3 . ;� J QA 0 z OL C13 W N 0 (D CL C0) M 0 LL 0 0 > I RE Brevard County Brevard Prepares Neighborhood Vulnerability Characteristics: Neighborhood Types and Structure Characteristics, by Jurisdiction Jurisdiction Neighborhood Predominant Number of Average Value Neighborhood Structure Type Structures of Structures Cape Canaveral canaveral Mixed Use Brick or block 1500 $200,000.00 center Mixed Use Brick or block 500 $200,000.00 central Mixed Use Brick or block 110 $200,,000.00 Holman Mixed Use Brick or block 80 $200,000.00 international Mixed Use Brick or block 700 $200,000,00 shcrewood Residential Mixed structure type 120 $200,000,00 RE IF mtl_ Neighborhood Jurisdiction Name Cape Canaveral canaveral ,center central Holman international shorewood Breivard County Bre,vard Prepares Total' Neighborhood Neighborhood Vulnerability Type Boundaries Score Mixed Use East Atlantic Ocean , West 19 Banana River, North Port Canaveral, South International Drive Mixed Use North Intern,ationi, East Atlantic 19 Ocean, South Center, West Banana River Mixed Use East Canaveral, West Banana 19 River, North Port Canaveral, South Canaveral Mixed Use North Center, East N. Atlantic Ave., 19 West Banana River, South Holman Rd. Mixed Use North Canaveral, West Banana 19 River, East Atlantic Ocean, South Center Residential East Atlantic Ocean, West 19 N.Atlanfic Ave., North Port Canaveral, South Canaveral RM w, w- in M-1 M. MI. Imam NOR Brevard' County Brevard Prepares Percent of Neighborhoods and Facilities Assessed by Jurisdiction Jurisdiction Total % Neighborhoods Neighborhood's Assessed 100.0% Total % Facilities Fadlitles Assessed 6 100.0% Al1 Document- Comprehensive Plan H&H -9.2 Brevard County All areas Brevard Prepares City shall require use of exkstjnq drainage for new development*** Mitigation -Related Policies and Programs by Jurisdiction IED -1.14 Cape Canaveral Citation Statement Applies To Document: Capital Improvement Plan P'. 132 Purchase two 50 kw generators for sewer lift stations. $90,000. P. 133 Purchase of additional stormwater pump for basin pump -outs. $40,000. P, 152 Stormwa ter ou tfall upgrades, $40,004 annually through 2015. P. 152 Clean and restore 4000 feet of the Central Ditch. $750,000, P, 154 Harbor Heights stormwater pipe replacement. $90,000. Document- Comprehensive Plan H&H -9.2 City shall prohibit placement of mobile homes outside of mobile home parks— All areas IE.D.2.1 City shall require use of exkstjnq drainage for new development*** New IED -1.14 City shall adopt procedures to update stormwater reqs every three years**" All areas IE.D-1.3 City shall control drainage of stormwater to minimize impact on system*'*All areas IE.D-1.4 City shall control development of storm sewers to facilitate maintenance— ' Alf areas 1E.D-1.8 City shall work toward elimination of all septic lank systems in &y New IE,D-2,,5 Determine feasibility of retrofitting with updated treatment facilities`Use of Retrofit septic tank systems for new development restricted to sites that in compliance with State and local regulations.. Document: Land Development Code C.106.Art.11 Any development in wetlands shall replace that lost at a 2:1 ratio*** All areas Ch.%Art,ll Trees shall be kept pruned and trimmed to prevent hazards to persons"' All areas Ch.90.Art.1 I New construction/substainfal improvement made with flood resistant material— New Ch,90.Art.l. New nonresidential construction's at least 12" above crown of street` All areas Ch.90.Art.11 New construction and substantiali improvements shall be anchored- New Ch.94Art,ll, Now constructionisubstantial improvement use: flood -minimizing methods- New M AlIBI Brevard County Brevard Prepares Current Hazard Mitigation Codes, by Jurisdiction m Adopted Adopted Adopted Fire or Adopted Comprehensive Land Uset Life Safety Building Building Code Jurisdiction Plan Zoning Code Code Code Description Cape Canaveral RI Z Z 21 FL Building Code m Itair-r-m-mrsTmomAm. losaml R= Cape Canaveral [glwmia3mw a Brevaird County Brevard Prepares Ini DII Participant in the Community Rating System N Current CRS, Rating unmr.r.n. 3-rommm-, me. urimE, m III I C,E ml i :A: h al L- 0 10: oil I I cx GD W IL cl z 4) Fu zt o in Ch g g g 0.0 0 .0 9 R IS U9 -z: t: m x m sc (D m' fm VI) LU fn co cc zm uta z c 0) ?1 I Brevard • • Prepares Wk.*'wgtL*o •Aff"S Jurisdiction: Cape Canaveral Sponsoring Organization Initiative Name City Hall/Admin. SRV -0142 Telephone emergency alert system City Hall/Admin. BRV-0147 SR AlA - Relocate overhead utilities Public Works SRV -0148 Clean, restore 4000 ft of drainage canal Public Works BRV-0143 Sewer Lift Stallions - 60 Kw Generator Public Works B RV -01 45 Cape Canaveral stormwater upgrade Public Works BRV-0146 Portable Lighting Generator Total Initiatives In Plan ' Regardless of approval status; Does not include completed or terminated initiatives 3-H Date Approved: by Steering Committee 11118/1999 11/18/199:9 1111811999 11/1811999 11118/1999 11/18/1999 HE Brevard County "Brevard Prepares" Goals and Objectives for the Local Mitigation Planning Process 1 The disaster-r,esistant economy will be strengthened 1.. Local government MI establish programs, facilities and resources to support business resumption activities by impacted local businesses and industry 2. Local government emergency response and disaster recovery plans will appropriately consider the needs of key employers in, the community 3. Local government will encourage community businesses and industries to make their facilities and operations disaster resistant 4. Components of the infrastructure needed by the community's businesses and industries Will be protected from the impacts of disaster 2. Local government in partnership with the community will continue to develop, implement and maintain effective mitigation programs 1. The capabillty to effectively utilize data and information relatedi to mitigation planning and program development including "lessons learned" 2. The effectiveness of mitigation initiatives implemented in the community will be measured 3. Outreach programs to gain participation in mitigation programs by business, industry, institutions and community groups will be developed/implemented 4. The community's public and private sector organizations will partner to promote hazard mitigation programming throughout the community 5. Local elected governing bodies will promulgate the local mitigation plan and support community mitigation 3. The health, safety and welfare of our disaster -resistant community will be maintained 1. Local governments will estabifsh and enforce building and land development codes that are effective in addressing the hazards, 2. Land use policies, plans and regulations wild discourage or prohibit inappropriate location of structures or infrastructure 3. Loa government will ensure that hazard mitigation needs and programs are given appropriate emphasis 4. Regulations will be established and enforced to ensure that public and private property maintenance is consistent with minimizing vulnerabilities to disaster 5. Designated evacuation routes will be relocated, retrofitted or modified to remain open before, during and after disaster events, and vehicle access routes to key 6. The potential for infrastructure system failure because of or during a disaster will be minimized through routine maintenance 7. Local government will support key employers in the community in the Implementation of mitigation measures for their facilities and systems 8. Facilities in the community posing an extra health or safety risk when damaged or disrupted will be made less vulnerable to, the impacts of a disaster 9. Programs for removal, relocation or retrofitting of vulnerable structures and utilities in hazard areas will be established and implemented 10. There will be adequate resources, equipment and supplies to meet victims" health and safety needs after a disaster 11. Adequate systems for notifying the, public at risk and providing emergency instruction during a disaster vAll be available 12. Local governments will protect high hazard natural areas from new or continuing development 13. Local jurisdictions WHI participate fully in the National Flood Insurance Program and the associated Community Rating System 14. Reconstruction and rehabilitation of structures and utilities in the community will incorporate appropriate hazard mitigation techniques 4. Public education will be enhanced to increase the level of disaster awareness 1. The community will be periodically updated regarding local efforts in mitigation planning and programming 2. The owners and operators of businesses and industries in the community will be knowledgeable in appropriate techniques, 3. Managers of public facilities will be knowledgeable in hazard mitigation techniques and the components of the community's mitigation plan 4. All interested individuals will be encouraged to participate in hazard mitigation planning and training 5. The public living or working in defined hazard areas will be aware of that fact, understand their vulnerability and know appropriate: techniques 6. Education programs in risk communication and hazard mitigation will continue to be established and implemented M. m M. - CALL TO ORDER: City of Cape Canaveral CITY COUNCIL MEETING '4AVER,dei L LIBRARY MEETING ROOM k Avenue, Cape Canaveral, Florida Tueisda October 19, 2�010 7':00 PM lue, F-INTAIT M31 Proclamation designating the week of October 17 - 23, 2010 as Florida City Government Week Proclamation, clesignatingi the week of October 30 — November 6, 2010 as Week of the Family in Brevard W"MMAZ Port Canaveral Marketing and Community Outreach — Senior Director of Communications and Community Affairs Rosalind Harvey l IT* an amm am Ims a I M- a z REPORTS: City Attorney 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920,-0326 Felephone: (321) 868-1220 w Fax: (321) 868-1248 www,cit-yofcapecanaveral.org - email: ccapecanaveral@cfl.rr.coni City ofCape Canaveral. Florida October 19, 2010 Page 2 of 4 Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their coo 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. VIRMA,ll Approve Regular City Council Meeting Minutes of October 6, 2009 November 17, 2009, December 1, 2009 and October 5, 2010. 2. Approve a Special Alcohol Exemption Permit for Karen Fauilkenberry for Family Reuinion at Manatee Sanctuary Park on November 13, 2010i. 3. Approve Resolution No. 2010�21-, Florida, Authorizing the Inclusion of The City Of Cape Canaveral in the 20!10 Update Of The Brevard Prepares Local Mitigation Strategy Plan; Providing For An Effective Date. r Approve Resolution No. 2010-29; Reappointing a Regulia Boar em er to the Beautification Board, Bradley J.P. Varuska "W". 5. Approve Resolution No. 2010-30; Appointing an Alternate Board Member to the Library Board, Dr, Tim Grady. 6. Approve Locall Agency Program (LAP) Supplemental Agreement No. 1 for Additional Funds in the Amount of $249,174.00 for the Ridgewood Avenue Improvements Project. 7. Motion to Adopt: Ordinance No.00101, Adopting Amendments to t , Cape Canaveral Comprehensive Plan Based on the Evaluation a 01 Appraisal Report ("EAR"); Providing for the Repeal of Inconsiste Ordinances and Resolutions, Incorporation in the Comprehensive Pla L 0 egal Status of the Comprehensive Plan Amendments, Severab�ility, a an Effective Date, at Second Reading. 8. Motion to Adopt: Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior "ape Canaveral, Florida R 20 10 )f4 I Inconsistent Ordinances, and Resolutions; Incorporation into the Code; Severability, and an Effective Date, at Second Reading, 9Motion to Adopt: Ordinance No. 13-2010, Amending Chapter 11M 'W Amusements and Entertainments, of the Code of Ordinances; Reguli ati Outdoor Entertainment Events� Providing for the Repeal" of Pri I Inconsistent Cirdinances and Resolutions; Incorporation into the Cod Severabiility; and an Effective ate, at Second Reading. MWEM , Lv'&LOM�Woi 10. Motion to Approve: Resolution No. 2010-22, revising City Code Appendlix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article 111. 11. Approve the second amendment to the Bincling Development Agreeme and Motion to Approve: Resolution No. 20110-31, providing for the divisi of a tract of land owned by Martin Marietta Materials, Inc., Generally I located on Challenger Road in Cape, Canaveral, Florida and legally described herein, two (2) lots of record; providing for the repeal of prior inconsistent Resolutions, Severability; and an effective date, 12. Motion to Approve: Ordinance No. 15-2010, adopting the amendments th i e Annual General Fund, Sewer Enterprise Fun, Stormwater Utility Fun Special Revenue Funds, and Expendable Trust Funds Budgets for t Fiscal Yeaginnin20 r beg October 1, 09, and ending September 30, 201 providi:nig for an effective date, I 13. Motion to Approve: Ordinance No. 16-10 0, amending Chapter 74, Traffm an Vehicles, of the Cape Canaveral Code of Ordinances to express,, prohibit the stopping, standing or parkin�g of vehicle on any portion of right-of-way, whether improved or unimproved-, providing for the repeal prior inconsistent Ordinances and Resolutions-, incorporation into th Co, Severailiity; and an effectivte. I debe da lip] I �0 1 , PROW0110,11111111MEN-1 . 14. Discussion of City Code Section 110-486 — Resort Dwellings, Resorl Condominiums; Non -Conforming, Use Status, and Expiration. 1b �ap��oouvcr L Ruhdm l0\20l8 f4 Discussion of City Code Chapter 54, Article I (P,arks and Recreation) to enable Beach Vending Franchises. Pursuant to Section 286D105, Fl:dda Statutes, the City hereby advises, the public that: If person decdmo to appeal any decision made bythe City Council with respect to any matter considered at this meeting, that person MI 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 appeaf is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmfssilble or irrelevant evidence, nor does kauthorize challenges orappeals not otherwise allowed by|aw. Persons with disabilities needing assistance to participate inany ofthese proceedings should contact the City Clerk's office (868-1221)4Bhours inadvance nfthe meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. Subject: Approve Resolution No. 2010-29; Reappointing a Regular Board Member to the Beautification Board, Bradley J.P. Varuska "BJ". Department: Legislative Summary: Mr. Varuska currently serves on the Beautification Board as the Chairperson. His term expires on November 1, 2010. The City Clerk's Office received notice of Mr. Varuska's desire to continue serving on the Beautification Board prompting this Resolution for the City Council's approval for reappointment. His term will expire November 1, 2013. Requested Council Action: Approve Resolution No. 2010-29. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: Attachments: Expiration Letter Resolution No. 2010.29 Submitting Department Head: Angela Apperson Date: 10/04/2010 Approved by City Manager: David L. Greene 0,t-• Date: /A/gpo City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain B.J. Varuska 8964 Puerto Del Rio Dr., Unit #203 Cape Canaveral, FL 32920 Dear Mr. Varuska: City of Cape Canaveral Your term on the Beautification Board will expire on November 1, 2010. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The; resolution to re -appoint you as a Board Member will be scheduled for the next Regular City Council Meeting Agenda on Tuesday, October 19, 2010. DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. a� �1'(Signature) Bradley J.P. Varuska, Chairperson Sincerely, , Los Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com RESOLUTION NO. 2010-29 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION 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 Code Section 2-181 established the Beautification 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 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. Bradley J.P. Varuska is hereby reappointed as a regular member of the Beautification Board of the City of Cape Canaveral, Florida, with term to expire on November 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of October, 2010. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Angela M. Apperson, CITY CLERK Buzz Petsos Rocky Randels Shannon Roberts APPROVED AS TO FORM: Betty Walsh Anthony Garganese, CITY ATTORNEY City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. Subject: Approve Resolution No. 2010-30; Appointing an Alternate Board Member to the Library Board, Dr. Tim Grady. Department: Legislative Summary: The City Clerk's office did not receive Dr. Tim Grady's response to serve another 3 -year term on the Library Board in time for inclusion on the October 5t` Regular City Council Meeting Agenda. His term expired October 1, 2010 and Dr. Grady returned his expiration letter on September 29th indicating his desire to continue serving on the Board. The City Clerk had a phone conversation with Dr. Grady on October 4, 2010, informing him that, due to his late response and the fact the Library Board asserts he missed four Board meetings in 2010; the next available position is as First Alternate. Dr. Grady agreed to continue serving as an Alternate Member, thus prompting this Resolution for the City Council's approval for appointment. His term will expire October 1, 2013. Requested Council Action: Approve Resolution No. 2010-30. Financial Impact: No impact. Reviewed by City Treasurer: Andrea Bowers Date: /o is to Attachments: Resolution No. 2010-30 Expiration Letter Submitting Department Head: Angela Apperson Date: 10/04/2010 Approved by City Manager: David L. Greene - Date: j D t k- \ t o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010-30 A RESOLUTION APPOINTING A FIRST ALTERNATE MEMBER 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 of Cape Canaveral City Council to appoint a First Alternate to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Dr. Tim Grady is hereby appointed as an Alternate Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of October, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, CMC Robert Hoog City Clerk Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney September 15, 2010 Dr. Tim Grady P. O. Box 1612 Cape Canaveral, FL 32920 Dear Dr. Grady: City of Cape Canaveral SEP 2 9 Your term on the Library Board will expire on October 1, 2010. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next Regular City Council Meeting Agenda on Tuesday, October 5, 2010. VI DO wish to be considered for reappointment. ❑ 1 POT wish to be considered for reappointment. a�.AeA.(Signature) Dr. Tim Grady, Vice-Cfi9kkrson, Library Board Sincerely, Angela M. Apperson, CMC CITY CLERK Enclosure: SASE 401t-f�lo - G��,'w,�� `E�v o�-Je. GLS �--I-l-arn�►.�, ✓I�, 2d 10 . fiery tM is Se& 2 Wt L Ac r -4&6 L%/Wj, 144 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: ccapecanaveralOdl.mcom yRACE A"° City of Cape Canaveral r� City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. F pprove Local Agency Program (LAP) Supplemental Agreement No. 1 which provides nal $249,174.00 for the Ridgewood Avenue Improvements Project. nt: Public Works : The City was previously awarded $1S1,563.00 in Federal Stimulus Funds for theving portion of the Ridgewood Avenue Improvements Project. The City was recenntly the Florida Department of Transportation (FDOT) that an additional $249,174.0000 from Regular Federal Funding and $147,435.00 from ARRA is available. The total Federal Funds now available to the City for this Project is $435,737.00. All Federal monies will be used for the milling/paving of Ridgewood Avenue. The award of these Funds "frees-up" $249,174.00, which can be used on other portions of the Ridgewood Avenue Improvements Project or returned to the General Fund for other uses. A copy of LAP Supplemental Agreement No. 1 is included as Attachment #1. Requested Council Action: Approve LAP Supplemental Agreement No. 1 which provides an additional $249,174.00 for the Ridgewood Avenue Improvements Project. Financial Impact: The award of these additional Federal monies "frees-up" $249,174.00 in City funds originally budgeted for the Ridgewood Avenue Improvements Project. The City can use its monies for other portions of the Project or return them to the General Fund for other uses. A Budget Summary for the Ridgewood Avenue Improvements Project (including the additional Federal Funds) is included as Attachment #2. Reviewed by City Treasurer: Andrea Bowers Date: /Oh'2/xv Attachments: #1. LAP Supplemental Agreement No. 1. #2. Budget Summary. Submitting Department Head: Jeff Ratliff Date: 10/06/10 Approved by City Manager: David L. Greene 0 '-tom 4, Date: to Jrl jfa City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain Attachment #1 LAP Supplemental Agreement No. 1 92MID42 PRODUCTION SUPPORT D2M9 Page I of 3 SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 426303-1-58-01 DUNS NO. SUPPLEMENTAL CONTRACT NO. 80-939-7102 AGREEMENT APP90 The STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION and The CIN OF CAPE CANAVERAL desires to supplement the original Agreement entered into and executed on October 20. 2009 as identified above. All provisions in the original Agreement and supplements, if any, remain in effect except as expressly modified by this supplement. The changes to the Agreement and supplements, if any, are described as follows: PROJECT DESCRIPTION Name Ridgewood Avenue Resurfacing _ . Length -1.354 miles Termini From: Grant Avenue TO: Fast Central Blvd DESCRIPTION OF WORK: Install i inch of SP9.5 asphaltic concrete. Maintain temporary work zone traffic striping throughout the duration of the project. Insure that all shoulder areas are even with the edge of pavement and redo any that do not meet the specified four (4) percent positive drainage grade. All disturbed areas are to receive sod. All sections of sidewalks areas marked in white paint shall be replaced. All sidewalks shall be improved to meet current Americans with Disabilities Act (ADA) standards. Install thermoplastic striping, Project starts at Grant Avenue and ends at East Central Boulevard. The length of the project Is approximately 1.354 miles. SPECIAL CONSIDERATIONS BY AGENCY: Additional Regular Federal Funding received by the Department, project funds increased $101,739.00. Additional ARRA funds also added to this project of ;147,435^00. will meet all requirements under ARRA Reporting, s2s-010-32 PRODUCTION SUPPORT 02lR9 Page 2 of 3 SUPPLEMENTAL NO. STATEOF FLORIDA DEPARTMENT OFTRANSPORTATION FPN LOCAL AGENCY PROGRAM 426303-1-58-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APP90 TYPE OF WORK By Fiscal Year FUNDING (1) PREVIOUS TOTAL PROJECT FUNDS (2) ADDITIONAL PROJECT FUNDS (3) CURRENT TOTAL PROJECT FUNDS (4) TOTAL AGENCY FUNDS (s) TOTAL STATE & FEDERAL FUNDS Planning 2007-2008 2008-2009 2009-2010 2010-2011 Total Planning Cost $0.00 $0.00 $0.00 $0.00 $0.00 Project Development & Environment (PD&E) 2007-2008 2008-2009 . 2009-2010 2010-2011 Total PD&E Cast $0.00 $0.00 $0.00 $0.00 $0.00 Design 2007-2008 2008-2009 2009-2010 2010-2011 Total Design Cost $0.00 $0.00 $0.00 $0.00 $0.00 Right -of -Way 2007-2008 2006-2009 2009-2010 2010-2011 Total Right -of -Way Cost So.00 $0.00 $0.00 $0.00 $0.00 Construction 2007-2008 2008-2009 2009-2010 2010-2011 Total Construction Cost $181.563.0Q $249.174.00 $435.737.00 x.000.00 $430.737.00 $181,563.00 $249,174.00 $435,737.00 $5,000.00 $430,737.00 Construction Engineering and Inspection (CEI) 2008-2009 2009-2010 2010-2011 Total CEI Cost Total Construction & CEI Costs $0.00 $0.00 $0.00 $0.00 $0.00 $181,563.00 $249,174.00 $435,737.00 55.000.00 $430,737.00 TOTAL COST OF THE PROJECT $181,563.00 $249,474.00 $435,737.00 $5,000.00 $430,737.00 525.01032 PRODUCTION SUPPORT 02KI9 Pus SUPPLEMENTAL NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FPN 1 LOCAL AGENCY PROGRAM 428303-1-58-01 SUPPLEMENTAL DUNS NO. AGREEMENT CONTRACT NO. 80-939-7102 APP90 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY (City of Cape Canaveral) By: Name: Title: Name: Title: Date: As to form: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Rise' K. Wall Title: Director of Transportation Support Name: Administrative Assistant Title: Date: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. Attachment #2 Budget Summary Cl %I r 12 , CML 's CD C) ui cs m P� CD (3) LO T -i m w LO 00 LA m 4cr 14 cn q^ C� Q Ln m cq Ln 0 CN to ci 0 0 (S m c3i a m eq W C) 0 C) C� C', q 0 C? L6 rl% �4 F-% C14 m ILD Ln V). 4 -fl. CD Ln m LO 0 r1i CD C) C) 9n L6. m G� tD V4 00 rT rl% te W I C) m Fel t%% v i A/)- t-4 VIP V-4 V)- T-1 V)- 00 r; 4f) - C LL u tko c W) m ap 06 cc > :3 LL — ho t -a -0 :3 =s E cu U. "D CL LL- Lj- LL (V E .2 a) :3 41 E LE 73 'D LL w 0 m (D co . w 'a., co x 0 N 0 m aj City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. j Subject: ORDINANCE NO.08-2010, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE CAPE CANAVERAL COMPREHENSIVE PLAN BASED ON THE EVALUATION AND APPRAISAL REPORT ("EAR"); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY, AND AN EFFECTIVE DATE. Department: Community Development Department Summary: See Staff Report. Requested Council Action: Adopt Ordinance No. 08-2010, amending the Comprehensive Plan pursuant to the Evaluation and Appraisal Report and the Objections, Recommendations, and Comments report dated October 4, 2010. Financial Impact: None Oav Attachments: (1) Staff Report. (2) Ordinance No. 08-2010, (Exhibit "A depicting revisions to the Comprehensive Plan was previously provided; if an additional copy is needed please contact the City Clerk's office). (3) The Objections, Recommendations, and Comments (ORC) Report from the Florida Department of Community Affairs with comments from other reviewing agencies. Submitting Department Head: Barry Brown Date: 10/07/10 Approved by City Manager: Q -vv Date: /D%r1 // 0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral, Florida City Council October 19, 2010 STAFF REPORT Agenda Item: Adoption of proposed amendments to the City's Comprehensive Plan pursuant to the Evaluation and Appraisal Report (EAR) and the Objections, Recommendations, and Comments (ORC) Report as prepared by the Florida Department of Community Affairs (DCA) and dated October 4, 2010. Summary: The Evaluation and Appraisal Report or EAR is a periodic evaluation of the City's Comprehensive Plan. The EAR assesses attainment of the goals and objectives in the Comprehensive Plan and identifies possible revisions to the plan that update the City's vision for its future and to recognize changes in the Florida Statutes and implementing regulations. Our EAR was adopted in December of 2007 and found sufficient by the Department of Community Affairs (DCA) in March of 2008. The EAR identified proposed amendments to the comp plan. Some of the proposed amendments were based on a review of the effectiveness of the goals, objectives, and policies in the comp plan. Others were the result of public input, recommendations from the 2007 Redevelopment Plan and 2009 Visioning Report, or legislative changes. The proposed amendments were reviewed by the Planning and Zoning Board on Wednesday June 23, July 7, and July 21, 2010. On July 21, 2010 the Board recommended approval of all proposed amendments. With the first reading of Ordinance No. 08-2010 on August 2, 2010, the City Council approved transmittal of the EAR based amendments to DCA. The Department reviewed the transmittal and prepared its Objections, Recommendations, and Comments Report dated October 4, 2010. The following is a summary of the Objections and Recommendations in the ORC Report including responses by City Staff: Objection #i: Lack of Long Range Planning Timeframe for Proposed Map Series. Recommendations: Revise the Comp Plan to adopt a consistent long-term planning horizon. Revise the Future Land Use and Future Transportation Maps to depict a 10 year planning timeframe of 2020. Staff Response: The Comp Plan has been amended to adopt a consistent long-term planning horizon of 10 years, 2020. The maps have been amended to note a planning horizon of 2020. Objection #2: Energy Conservation and Reduction of Greenhouse Gas Emissions. Recommendation: Revise the Future Land Use Map to identify and depict energy conservation areas. Staff Response: The Future Land Use Map has been revised to identify and depict energy conservation areas. The City has identified areas with a conservation land use designation and parks as being energy conservation areas. Obiection #3: Lack of Meaningful and Predictable Policies to Guide Development. • New FLUE Policy LU -1.8.1 does not define the percentage distribution of the mix of allowable uses nor does it include density and intensity standards. • New Coastal Management Element Policy CM -3.3 and Conservation Element Policy C-3.3 address protection of the shoreline and environmentally sensitive areas without identifying standards or further guidance. • The Conservation Element does not include specific wetland protection. Recommendations: Revise the amendment to address the lack of meaningful and predictable policies. • New FLUE Policy LU -1.8.1 — adopt a percentage distribution of the mix of allowable uses and adopt density and intensity standards for the mixed use designation. • New Coastal Management Element Policy CM -3.3 and Conservation Element Policy C-3.3 -- adopt criteria for shoreline protection and support amendments with data and analysis. • Conservation Element — adopt specific wetland protection criteria. Staff Response: • New Policy LU -1.8.1 -- The new policy conveys the City's intent to pursue mixed use development by creating mixed-use land use designations, however, we are not attempting to create mixed-use districts through the EAR process. At this time we are stating our objective and listing policies that will support and guide our creation of mixed use districts in the future. We do not believe we are at the point where it is appropriate to define the percentage make up of various land uses in a mixed use district(s). After the EAR based amendments are adopted, we will begin the process to create mixed-use districts and amend our comp plan to reflect the percentage distribution of uses at that time. New Coastal Management Element Policy CM -3.3 and Conservation Element Policy C-3.3 — the City will establish minimum setbacks from the Banana River shoreline that exceed the current code_ Policy C-4.6 is an existing policy, not a proposed amendment. The upland buffering it calls for may be addressed by an enhanced minimum setback. Obiection #4: Transportation — The Transportation Element does not adopt Level of Service (LOS) Standards for public transit. It does not reference the appropriate edition of the FDOT updated LOS standards and Policy T-1.11 references "Traffic Circulation" rather than "Transportation" Element. Recommendations: Revise the Transportation Element to adopt FDOT's 2009 Generalized LOS Tables; adopt LOS standards for public transit; and revise Policy T- 1.11 to reference "Transportation" Element. Response: The Element has been revised to: (1) adopt the 2009 Generalized LOS Table, (2) adopt LOS standards for public transit; and (3) Policy T-1.11 has been revised. Objection #5: Water Supply Planning -- The City has not yet adopted a water supply facilities work plan. Recommendation: Prepare and adopt the 10 -Year Water Supply Facilities Work Plan and revise the Intergovernmental Coordination and Infrastructure Elements as follows: • Policy IG -1.2.2 — The City.....shall consult with the City of Cocoa prior to issuing a building permit to ensure adequate water supplies and potable water facilities will be available to serve new development by the date of issuance of a certificate of occupancy. • Policy PW -3.1. The Cily will participate in updates to SJRWMD's water supply assessment regional water supply Ian and other water supply development - related initiatives facilitated by the SJRWMD that affect the City. • Policy PW -3.3. The City's work plan will be updated every five years, within 18 months of an adopted update to SJRWMD's regional water supply Plan that affects the City. Response: It was not our intent to roll the Water Supply Plan (WSP) into the EAR process. The Water Supply Plan is addressed in the EAR as a task that must be completed by the City in the future, but it is not part of our EAR based amendment submittal. Our approach has been that the Water Supply Plan and the EAR based amendments are separate requirements. While we have made the recommended revisions to the Intergovernmental and Potable Water elements, we are considering the WSP to be a separate exercise and will complete it as soon as the EAR based amendments are adopted. Staff Recommendation: Approve second reading of Ordinance No. 08-2010 adopting the proposed amendments to the Comprehensive Plan pursuant to the Evaluation and Appraisal Report and the Objections, Recommendations, and Comments report dated October 4, 2010. ORDINANCE NO. 08 2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE CAPE CANAVERAL COMPREHENSIVE PLAN BASED ON THE EVALUATION AND APPRAISAL REPORT (i6EAR"); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE COMPREHENSIVE PLAN; LEGAL STATUS OF THE COMPREHENSIVE PLAN AMENDMENTS; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing process; and WHEREAS, section 163.3161 et. seq., Florida Statutes, established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, consistent with section 163.3167, Florida Statutes, the City Council has adopted the City of Cape Canaveral Comprehensive Plan; and WHEREAS, as required by section 163.3191, Florida Statutes, on December 18, 2007, the City Council adopted its evaluation and appraisal report ("EAR"), which is required to be adopted every seven (7) years to assess the progress of implementing the City's Comprehensive Plan; and WHEREAS, the Local Planning Agency has reviewed the amendments to the Comprehensive Plan set forth herein, held an advertised public hearing, provided for participation by the public in the process, and rendered its recommendations to the City Council; and WHEREAS, the City Council, after considering the Local Planning Agency's review comments and recommendations for amendments to the Cape Canaveral Comprehensive Plan, desires to adopt the amendments set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant to, the Local City of Cape Canaveral Ordinance No. 08-2010 Page 1 of 3 Government Comprehensive Planning and Land Development Regulation Act, Sections 163.3184 and 163.3187, Florida Statutes. Section 3. Purpose and Intent. The purpose and intent of this ordinance is to adopt the large scale comprehensive plan amendments set forth herein, which are based on the City's evaluation and appraisal report ("EAR"), adopted by the Cape Canaveral City Council on December 18, 2007. Section 4. Adoption of Evaluation and Appraisal Report -Based Amendments to the Comprehensive Plan. The Cape Canaveral City Council hereby adopts the amendments to the Cape Canaveral Comprehensive Plan set forth in Exhibit "A," attached hereto and fully incorporated herein by this reference (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from the text existing in the Comprehensive Plan. It is intended that the text in the Comprehensive Plan denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption ofthis Ordinance). Section 5. Transmittal to the Department of Community Affairs. The City Manager or his designee is hereby designated to sign a letter transmitting the adopted Comprehensive Plan Amendments to the Florida Department of Community Affairs, in accordance with Section 163.3187(4), Florida Statutes, and Section 9J-11, Florida Administrative Code. Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council of the City of Cape Canaveral, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 7. 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 S. Incorporation Into Comprehensive Plan. Upon the effective date of the Comprehensive Plan Amendments adopted by this Ordinance, said Amendments shall be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 9. Effective Date and Legal Status of the Plan Amendment. The effective date of the Comprehensive Plan Amendments adopted by this Ordinance shall be the date a final order is issued by the Florida Department of CommunityAffairs, or the Administration Commission finding the Amendments in compliance with section 163.3184, Florida Statutes. No development orders, development permits, or land use dependent on these Amendments may be issued or commenced before it has become effective. If a final order of noncompliance is issued by the Administration Commission, the Amendments may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of these Amendments, the Comprehensive Plan Amendments set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and become a part ofthat plan and the Amendments shall have the legal status City of Cape Canaveral Ordinance No. 08-2010 Page 2 of 3 of the City of Cape Canaveral Comprehensive Pian, as amended. ADOPTED by the City Council ofthe City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 2010. ATTEST: ANGELA APPERSON, City Clerk ROCKY RANDELS, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY. ANTHONY A. GARGANESE City Attorney Transmittal Hearing: August 2, 2010 Adoption Hearing: Effective Date: City of Cape Canaveral Ordinance No. 08-2010 Page 3 of 3 For Against STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS `Dedicated to making Florida a better place to call home" CHARLIE CRIST ememor October 4, 2010 The Honorable Rocky Randels, Mayor City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 Dear Mayor Randels: THOMAS G. PELHAM Secretary The Department of Community Affairs has completed its review of Cape Canaveral's proposed comprehensive plan amendment (DCA No. 10-1ER) which was received on August 5, 2010. Based on Chapter 163, Florida Statutes (F.S.), we have prepared the attached report outlining our findings concerning the amendment. It is particularly important that the City address the objections discusscd in the report so that the identified issues can be resolved prior to adoption. Within the next 120 days, the City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, our report outlines procedures for final adoption and transmittal. We have also included a copy of the comments from each of the regional and state review agencies for your consideration. The amendment implements recommendations of the City's Evaluation and Appraisal Report (EAR) which was adopted on December 1 S, 2007. The amendment also incorporates policies addressing the reduction of green house gas emissions and energy conservation. The Department has concerns regarding the City's failure to adopt a consistent long range planning timeframe for the Comprehensive Plan and the lack of development standards for the new Mixed Use Future Land Use category and the lack of adopted Ievel of service standard for public transit. Additionally, the Department understands the City is committed to the completion, as soon as possible, of its 10 -Year Water Supply Facilities Work Plan which was due for adoption by August 7, 2007. 2688 SHUIMARD OAK BOULEVARD ♦ TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) ♦ Website: WWW.Gca.state-f1.us . COMMUNITY PLANNING M488 M(p) 8 3W(q . FLOFWaCOMMUNMEsTIUXT 85D-MZWW 86041W Tot{[) . • HCU9IGAND COMMUNITYDEVELOPMENT 8644W7968(p) 65x922 23 {f} The Department is available to work with your staff to assist the City in responding to our report. If you should have any questions concerning this letter, please call Caroline Knight, Principal Planner, at (850) 9221773. Sincerely, Mike McDaniel, Chief Office of Comprehensive Planning MWck Enclosures: Review Agency Comments Objections, Recommendations and Comments Report cc: Mr. Barry Brovm, Planning & Development Director, City of Cape Canaveral Mr. Phil Laurien, Executive Director, East Central Florida Regional Planning Council TRANSMITTAL PROCEDURES The process for adoption of local comprehensive plan amendments is outlined in s. 163.3184, F. S., and Rule 9J-11.011, F.A.C. Within ten working days of the date of adoption, the City must submit the following documents to the Department: • Three copies of the adopted comprehensive plan amendments; ■ A list of additional changes not previously reviewed; ■ A list of findings by the local governing body, if any, which were not included in the ordinance; and ■ A statement indicating the relationship of the additional changes to the Department's Objections, Recommendations and Comments Report. The above amendment and documentation are necessary for the Department to conduct a compliance review, make a compliance determination and issue the appropriate notice of intent. In order to expedite the regional planning council's review of the amendment, and pursuant to Rule 9J-11.011(5), Florida Administrative Code, please provide a copy of the adopted amendment directly to the Executive Director ofthe- East Central Florida Regional Planning Council. Please be advised that Section 163.3184(8Kc), F. S., requires the Department to provide a courtesy information statement regarding the Department's Notice of Intent to citizens who furnish their names and addresses at the local government's plan amendment transmittal (proposed) or adoption hearings. In order to provide the courtesy information statement, local governments are required by law to furnish the names and addresses of the citizens requesting this information to the Department. Please provide these names and addresses to the Department with the submission of your adopted amendment package for compliance review. In the event there are no citizen requests for this information, please so inform us. For purposes of efficiency, we encourage that the information sheet be provided in electronic format. DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT CAPE CANAVERAL, AMENDMENT 10-1ER October 4, 2010 Division of Community Planning Office of Comprehensive Planning This report is prepared pursuant to Rule 9J-11.010, F.A.C. MTRODUCTION The following objections, recommendations and comments are based upon the Department's review of the City of Cape Canaveral's proposed Comprehensive Plan Amendment (DCA No. 10-IER) pursuant to Section 163.3184, Florida Statutes (F.S.). Objections relate to specific requirements of relevant portions of Chapter 9J-5, Florida Administrative Code (F.A.C.), and Chapter 163, Part II, F.S. Each objection includes a recommendation of one approach that might be taken to address the cited objection. Other approaches may be more suitable in specific situations. Some of these objections may have been raised initially by one of the other external review agencies. If there should be a difference between the Department's objection and an external agency's advisory objection or comment, the Department's objection will take precedence. The City should address each of these objections when the amendment is resubmitted for the Department's compliance review. Objections which are not addressed may result in a determination that the amendment is "not in compliance % The Department may have raised an objection regarding missing data and analyses, or other items which the City might consider not to be applicable to its amendment. If such is the case, a statement justifying the objection's non - applicability pursuant to Rule 9J-5.002(2), F.A.C., must be submitted. The Department will make a determination as to the non -applicability of the requirement. If the justification is sufficient, the objection will be considered to have been addressed. The comments which follow the objections and recommendations are advisory in nature. Comments will not form a basis for determination of non-compliance. They are included to reference particular items or concerns raised by our reviewers. The comments can be substantive, relating to planning principles, methodology or logic, as well as editorial in nature dealing with grammar, organization, mapping and reader comprehension. Appended to the back of the Department's report are the comment letters from the other state review agencies. These comments are advisory to the Department and may not form a basis for Departmental objections unless they appear under the "Objections" heading in this report. OBJECTIONS, RECOMMENDATIONS AND COMMENTS CAPE CANAVERAL (DCA No. 10-1ER) PROPOSED COMPREHENSIVE PLAN AMENDMENT L Consistency with Chapter 163, Part II, Florida Statutes (F.S.), and Rule 9J-5, Florida Administrative Code (F.A.C) The Department has completed its review of the proposed amendment to the City of Cape Canaveral's Comprehensive Plan (DCA No. 10-IER). The Department has the following objections and comment. I. Objection: Lack of Long Range Planning Thneframe for Proposed Map Serres With the EAR -based amendment, the City has proposed to adopt a 5 -year short tern horizon of 2015 and a 10 year long term horizon of 2020. However, the amendment does not adopt a long range planning horizon for the Future Land Use and Future Transportation Maps. [Sections 163.3177(2), (5)(a), (6)(a), and G), (8) and (10),187.201(15)(b)1., and 5., 187.201(19)(b)3., F.S.; Rules 9J-5.005(2),(4), and (5), F.A.C.] Recommendation: Revise the Comprehensive Plan to adopt a consistent long-term planning horizon pursuant to the requirements of Section 163.3177(5)(a), F.S. Revise the Future Land Use and Future Transportation Maps to be internally consistent and to be consistent with and supported by the data and analyses. 2. Objection: Energy Conservation and Reduction of Greenhouse Gas Emissions. The City has proposed revisions to the Conservation, Transportation and Future Land Use Elements to promote energy efficient land use patterns and to adopt strategies for the reduction of greenhouse gas emissions, the promotion of energy conservation and the provision for energy efficient transportation options. However, the Future Land Use Map has not been revised to identify and depict energy conservation areas pursuant to the requirements of Section 163.3177(6)(d)6., F.S. [Sections 163.3177(2),(6)(a), and (d), (8) and (10),187.201(11)(b)l.,187.201(15)(b)1., and 7., 187.201(17)(b)1.,187.201(25)(b)l., 5. and 7., F.S.; Rules 9J-5.005(2), and (5),9J-5.006(4), and 93-5.013(2)(b)l., F.A.C.] Recommendation: Revise the Future Land Use Map to identify and depict energy conservation areas. Support the amendment with data and analysis. For additional assistance, visit the Department's webpage: www.dea.state.fl.us/fdcp/dcp/EnergyGHG/index.cfm#RD. 3. Objection: Lack of Meaningful and Predictable Policies to Guide Development: Future Land Use Element (FLUE) Policy LU -1.5, Coastal Management Element Policy CM -3.3 and Conservation Element Policies C-3.3 and C-4.6 The following policies are not meaningful and predictable and do not establish adequate guidelines for development through the provision of measurable standards for development and adequate standards for the protection of environmentally sensitive areas: • New FLUE Policy LU -1.8.1 (Mixed Use) does not define the percentage distribution for the mix of allowable uses or other guidelines to implement mixed use controls consistent with the requirements of Rule 0-5.006(4)(c), F.A.C. Further, the policy does not include density and intensity standards for the mixed use designation pursuant to the requirements of Section 163.3177(6)(a), F.S.; • New Coastal Management Element Policy CM -3.3 and Conservation Element Policy C- 3.3 propose to adopt a recommendation from the adopted EAR addressing shoreline protection, "to adopt regulations... to enhance current standards to manage shoreline erosion". Policy CM -3.3 also defers to the land development regulations (LDRs) for enhancement of "current standards" without identifying the standards or the enhancements. Policy C-3.3 `promotes protection of environmentally sensitive areas, beach preservation and tree protection" without providing any further guidance. The policies do not address the requirements of Section 163.3178(2)(e), F.S., and Rule 9J= 5.012(3)(b) I., and (c)2., F.A.C., for environmental protection and are not meaningful and predictable; The Conservation Element does not include specific wetland protection. For example, the only policy addressing wetlands, Policy C-4.6 defers to the LDRs for "upland buffering" of the " shoreside wetland" without establishing any specific criteria to ensure wetland protection and conservation of wetlands and to direct incompatible uses away from wetlands consistent with Rule 9J-5.013(3), F.A.C. The amendment does not offer guidance for the development of land uses consistent with the requirements of Rule 9J- 5.005(6), F.A.C., for plan implementation. [Sections 163.3177(2), (6)(a), (d) and (g), (8) and (10), 163.3178(2)(e), 187.201(15)(b)l., and 3., and 187.201(25)(b)l., and 7., F.S.; Rules 9J-5.005(2), (5) and (6), 9J -5.006(3)(c)7., and (4)(c), and 9J -5.012(3)(b) and (c), and 9J-5.013(3)(b)I., and (c)2., F.A.C.) Recommendation: Revise the amendment to address the lack of meaningful and predictable policies. Revise the amendment based upon data and analyses to adopt guidance for the development of land uses consistent with Rule 9J-5.005(6), F.A.C. Revise: New FLUE Policy LU -1.8.1 (Mixed Use) to adopt the percentage distribution of mix of allowable uses or adopt other guidelines to implement mixed use controls consistent with the requirements of Rule 9J -5.006(4)(c), F.A.C. Further, adopt density and intensity standards for the mixed use designation pursuant to the requirements of Section 163.3177(6)(a), F.S., and Rule 9J -5.006(3)(c)7., F.A.C. Consider adoption ofaminimum percentage for the uses to ensure a true mixed use character. • New Coastal Management Element Policy CM -3.3 and Conservation Element Policy C- 3.3 to adopt criteria for shoreline protection. Support the amendments with data and analyses demonstrating consistency with Section 163.3178(2)(e), F.S., and Rule 9J- 5.012(3xc)1., and 2., F.A.C.; • Revise the Conservation Element to adopt specific wetland protection for the City of Cape Canaveral and to ensure that incompatible uses will be directed away from wetlands consistent with Rule 9J-5.013(3), F.A.C. 4. Transportation: Level of Service Standards (LOS). The Transportation Element does not adopt LOS standards for public transit consistent with Rule 9J -5.019(4)(c) I., F.A.C. Further, Policy T-1.11, because it does not reference the appropriate edition of the FDOT updated LOS standards, does not establish the LOS standards for roadways and is, therefore, not meaningful and predictable. For consistency, the reference in Policy T-1.11 to the "Traffic Circulation Element" should be revised to reference the "Transportation Element". jSections 163.3177(2), (6)(j), (8) and (10),187.201(15)(b)l., 5. And 6.,187.201(19)(b)3.,9., and. 13.,187.201(25)(b)l., 3., 5., and 7.; F.S.; Rules 9J-5.005(2), (3) and (5), 9J -5.006(2)(a), (3)(b)1 and (3xc)3., 9J -5.016(3)(c)4., and 9J-5.019 (4)(c)I., F.A.C.] Recommendation: Revise the Transportation Element to adopt the appropriate transportation LOS standards for state roadways (FDOT's 2009 Generalized LOS Tables) and to adopt LOS standards for public transit consistent with Rule 9J -5.019(4)(c)1., F.A.C. Revise Policy T-1.1 I to reference the "Transportation Element" instead of the "Traffic Circulation Element". 5. Objection: Water Supply Planning The City has not yet adopted a water supply facilities work plan. The City's water supply facilities work plan was due to be adopted by August 7, 2007. Therefore, the City has not addressed the requirements for adoption of a water supply facilities work plan pursuant to Section 163.3177(6)(a), (c) and (d), F.S. Furthermore, the City's comprehensive plan does not implement water supply concurrency requirements consistent with Section 163.3180(2)(a), F.S. Although a water supply facilities work plan was not included with the amendment, the City has proposed some text changes addressing water supply planning. Now lnfrast acture Element Objective PW -3 and its policies address coordination with the St. Johns River Water Management District's (SJRWMD) regional water supply plan. However, the amendment does not specifically address the requirement for the City to participate in the updates to the District's plan and in other water supply initiatives that affect the City. The amendment does not include the requirement for the City to update its work plan within 18 months of an update to the SJRWMD's regional water supply plan that affects the City. The revision to Intergovernmental Coordination Element Policy IG -1.2.2 addressing water supply concurrency does not include associated water facilities. [Section 163.3177(2), (4)(a), and (6)(a), (c), and (d), (8), and (10), 163.3180(2)(a), 187.201(7)(b) 3., 5., 11., and 13., and 187.201(25)(b)5., F.S.; Rules 9J -5.005(2)(a), and (5), 9J -5.006(3)(b)1., 9J -5.011(2)(b)2., and (c)1., 9J -5.015(3)(b)1., and 3., and (c)1., and 9J-5.016(4), F.A.C] Recommendation: Propose and adopt the 10•Year Water Supply Facilities Work Plan for the City of Cape Canaveral pursuant to Section 163.3177(6)(a), (c). and (d), F.S. In the water supply plan, address coordination with the SJRWMD regional water supply plan. Revise the Intergovernmental Coordination and Infrastructure Elements as follows: • Policy IG 1.2.2. The City... shall consult with the City of Cocoa prior to issuing a building permit to ensure adequate water supplies and potable water facilities will be available to serve new development by the date of issuance of a certificate of occupancy. • Policy PW -3.1. The City will participate in updates to SJRWMD's water supper assessment,, regional water supply plan, and other water supply development -related initiatives facilitated by SJRWMD that affect the Ci • Policy PW -3.3. The City's work plats will be updated every five years, within 18 months of an adopted update to SJRWMD's regional water supply plan that affects the City: Comment 1. Transportation Policy T-1.2. To provide clarity, the policy should be revised to discuss "demand" rather than "volume" and "maximum service volume at the adopted LOS standard" instead of "capacity". H. Consistency with the State Comprehensive Plan The proposed City of Cape Canaverall0- I ER amendment is not consistent with and does not further the goals and policies of the State Comprehensive Plan, Chapter 187, F.S. Recommendation: Revise the plan amendment to be consistent with the State Comprehensive Plan as recommended for the objections identified in this report. Florida Department of Transportation CHARLIE GRIST 133 South Soma M- n Boukward .GOVERNOR Orlando, FL32807 3230 September 1, 2011 Mr. Ray Eubanks, Community Program Administrator Department of Community Affairs, State of Florida Plan Review & DRI Processing Section 2555 Shumard Oaks Boulevard Tallahassee, FL 32399-2100 SUBJECT: PitoposEo EAR-BAsEv AmF-:N DMENTS LecAL GovERN' 11l:NT: CITY OF CAFE CANAVERAL DCA#: 10.1ER Dear Mr. Eubanks: STEPHANIE G KOPELOUSOS SECRETARY The Department of Transportation has completed -its review of the above proposed EAR -Based Amendments as requested in your memorandum dated August 8, 2005. We appreciate the opportunity to participate in this review process and we offer our comments with this letter. We provided the Jodi govemment a courtesy review on August 24, 2011. if further information Is received from the local government prior to the issuance of the Objection, Recommendations and Comments (ORC) Report, the Department Will revise the contments. tf you have any questions, you may contact me at 407_4827980 or by e-mail at 'u1-prnorc0doi.state-A s, or Jon V. Weiss, Government Operations Manager, at 4074-82-7881 or by e -mall at jon.welss0 dot,state.f.us. Sincerely, r roll GISP ystemanner attachment C: Barry B!OM, City of Caps Canaveral Robin Sobrino, Brevard County George Kinney, ECFRPC Rob Magee, FDOT James Stansbury, DCA F902a1X TAM—Fwn"At F7lee1C C,aomt_aca�p 6aKra1toiatt ro9u�tan� www.dot.state.fl.us Florida Department of Transportalipn Intermodal Systems Development Growth Management Unit Page 1 of 5 COMPREHENSIVE PIAN AMENDMENT REVIEW COMMENTS Local Government; City of Cape Canaveral DCA Armndrneni #: 10-1 ER Date of RCA's Request Memo: 08/05/10 Review Comments Deadline: 09!04110 Today`s Date: 08/23/2010 ELEMENTS: Intergovernmental Coordination, Conservation Management, Housing, Future Land Use, Capital Improvements, Coastal Management, infrastructure, Transportation and Parks and Recreation 'RULE REFERENCE. Chapter 153.3177, F.S., required and optional elements Chapter 163.3184, i .S., Process for adopfion Chapter 9J-5, F.A.C., MINIMUM CRITERIA FOR REVIEW Chapter 9J-11, F.A.C., SUBMITTAL AND REVIEW BACKGROUND The City Of Cape Canaveral has submitted a series of amendments to implement the recommendations of the latest Evaluation & Appraisal Report (EAR)_ The following provides an overview of changes to ft Future Land Use and Transportation Elements that could potentially influence planning and operations of State highwmys in or near the Cify of Cape Canaveral. A summary of the amendments to other elements is provided, too. Future Land Use Element Changes to the Future Land -Use Element include the following: ■ New P'ol'icy LU -1.5.2 — Redefines the Coastal High' Hazard Area on the Future Land Use Map (FLUM) as the area below the elevaSon of the Category 1 storm surge line. ■ Revised Objective LU -1.8 — Updated to encourage adopting. recommendations of the 2D09 Visioning Study and requiring the City to consider mbied-use future land use designations. ■ New.Policy LU -1.8.1 — New policy to encourage mixed-use development through new mixed-use future land use designations and list criteria for the new future land use designations and- related strategies. ■ New Policy LU -1.9.2 -- New policy to commit the City to implementing the "town center" policies under "Land Use Controls" in the 20D7 Redevelopment Plan. ■ Minor text amendment have been made. TrahWrtation Element Changes to the Transportation Element include the f6howing: Revised Policy T-1.2 — Text removal to clarity and simplify policy with regard to LOS standards. LOS E Is specified for all roadways in the city, and interim LOS standards no longer apply. FDOT Conlact Judy Pius, GISR SYstems Planner ReWewed br. felly Blume, P.E., & Whales Badai FOOT Disttict5 lluelwn S.Asaxiates. Inc. Telaptkow 401-482-78M 407-540-0555 Fax 407-27S-4188 407-54"550 E-mail us 161=e0muel.4on.mm Re: kiWOMlPIx,d@Cxvv1sMr,e900"1�0? k jdF1"%c"QNw-8L&-wdEk%csp.cunrm ic-irmRwawoemadcc Florida Department of Transportation Intermodal Systems Development Gmwth Mana ement Unit Page 2 of 5 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local -Government: City of Cape Canaveral DCA Amendment #: 10-1 ER Date of ACA's Request Memo: 08105/10 Review Conunents Deadline: 0910410 Today's Date: 08/232010 ■ Policy T-1.8 — Minor text change to support greater regional connectivity ■ New Policy T-1.1 0 —This policy requires that, if a development project degrades a roadway's LOS below the adopted standard, a development permit will not be issued until (1) an improvement project for the impacted facility is added to the Space Coast TPO's five -yeas schedule and construction is scheduled within three years or (2) the development pays a proportional fair -share contribution towards the needed improvement. ■ New Policy T-1.1 1 — Encourages the continued implementation of the Concurrency Management System (CMS) and states that the City shall use the most nx;ent procedures found in FDOTs Service & Guidelines Manual to define LOS. ■ New Policy T=1.12 —Transportation Demand Strategies will be implemented to improve peak hour travel and reduce trip generatiOrt in the peak hour by improving pedestrian, bike, and/or transit options and usage. • New Policy T-1.1 3 —Allows the use of golf carts and electric vehicles in certain areas as an alternative to traditional motorized vehicles and as a means to reduce greenhouse gas emissions. ■ New Policy T-1.14 — Requires evaluation of pedestrian sidewalks and bicycle paths in the planning of new imnsportation factlities and new developments and to further encourage reduction of greenhouse gas emissions. ■ New Policy T-1.1 S —Adopts of the general principles of Rekl Ewing's April 1996 "Best Development Practices" guide, which addresses street spacing, traffic calming, low -speed local streets, pedestrian -friendly environments, and transit -supportive features in planned unit developments (PVDs). ■ New Policy T-1.1 6 — Coordinate with Brevard County regarding the trail and blueway system. ■ New Policy T-2.3 -- Coordinate with the Traffic Circulation Elements of the City of Cocoa Beach and Port Canaveral to provide campat bli ity and consistency. ■ New Policy T-2.4 — Provide more pedestrian and bicycle facilities to link major activity centers and residential areas. ■ Revised Policy T-3.1— New text requires annual review of FDOT 6 -Year Work Plan to ensure consistency. ■ New Policy T-3.3 -- Requires coordination with the City of Cocoa Beach, Port Canaveral, and Brevard County regarding impacts of development on the traffic circulation system. ■ New Policy -T-4.3 — Requires the City to consider implementing a requirement for developers to proVide a traffic circulation plan to ensure safe access and address the connection between on-site circulationAraffic and the surrounding transportation system. • New Policy T-4.4 — New policy to provide access management review as part of the City's review of development plans. FDCT Contact Judy Prao, G1SP, Systems Planner Ravrewed by: Kelly BNme, P.E., a Hichofas 6adal Teisptnrte: 407-482-7880 �E5 Klitalson & AsSOLiales, Inc. 788D b8 407 -540 -OM Fay 407-275-4188 407 -54o -O550 !:-malt Iudv.DizzoQdDtswe.%us kbiuMgQ4dttLSOn.Cam File: KVX) 1Pbnrk0Qmw1h VMM6me fiWA Pr*d Fre rWaCwavwa &,,,WAMCap�canvwW 10-IER Re*woa=Mdm Florida Department of Transportation Intermodal Systems Development Growth Mana ement Unit Page 3 of S COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS 1..oc21 bovOrrtrrtent: - City of Cape Canaveral DCA Amendment #: 10-1 ER Date of DCA's Request Memo: o8/05110 Revlew Comments Deadline: 08104!10 Today's Date: ' 08123/2010 Intergovernmental Coordination Element Amendments to the intergovemmental Coordination Element include revisions to policies to address LOS standards' consistency with FDOT standards and coordination with the City of Cocoa Beach with regard to sufficient water supply. A policy has been added regarding consistency with the SL Johns River Water Management District's (SJRWMD's) regional water supply plan. A new objective with policies has been created to help establish new administrative and financial mechanisms to help achieve the goals and objectives of the City's 2007 Redevelopment Plan. A policy has been added regarding the Scholl Beard and the Planning and Zoning Board. Other minor text edits have also been made to the element. Conservation Management Element The amendments to this element pertain to encouraging consideration of the SJRWMD regional water supply plan in updates to the Infrastructure, Capital Improvements, and Conservation Elements. A new Policy states that the Clly will promote the protection of environmentally sensitive areas. Housing Element The Housing Element amendments include setting a 2015 goal for assessing substandard housing and assessing ways to fund and irnprove such housing. Other amendments are related to historically significant housing. Minor text edits have been made. Capital Improvements Element The amendments to this element include clarifying the text regarding the annual review of the five-year schedule of capital improvements and staling that concurrency for transportation circulation is needed as part of the City's Concurrency Management Plan. Minor text edits have been made. Coastal Management Element The amendments to this element pertain to promoting preservation of environmentally sensitive areas and enhancing standards to manage shorefines. There are amendments addressing the definition ofthe Coastal High Hazard Area and ways to fund surveys of historically significant areas. Nnor changes have also been made. FDOT Contact: Judy Pbmo, LISP, Systems Planner Reviewed by: Kelly Blum, P.E., b Niahalm Sadal FOOT EXsbict5 KNIaison & Assodetes, Isla, Telephone: 407482-78M 407-540-0555 Fax 407-275-4188 407-54041550 Efnall: lWYMIZZOAdDtAtMeAus kblu -File: ttso"Wmir rwW,MerepenennePAProJ,utaksx:�eeaa al e�ew�4 eapecana+�atw�EltFbe,�ewcazitaaar Florida Department of Transportation Intermodal Systems Development Growth Mana ernent Unit Page 4 of 5 COMPREHENSIVE PIAN AMENDMENT REVIEW COMMENTS Local Government: City of Cape Canaveral DCA Amendment #: 10-1 ER Date of DCA's Request Memo: o81o51t 0 Review Comrnenfs Deadline: 09/04/10 Today's Date: 08123f2olo Infrastructure Elemerit Sanitary Sewer Sub.Ekment - There are minor text edits to this element Drainage Sub,Ekment There are no changes made to this element, Solid Waste Sub.Ekkmnt There are no changes made to this element. Pofable Water Sub -Element One amendment to this element is a new policy addressing the coordinate with the City of Cocoa regarding ensuring adequate water supplies. A new objective and policies have also been added to address the coordination with SJRWMD's regional water supply Plan. Natural Groundwater AquRbr• Recharge Sub -Element There are no changes made to this element. Renewable and AliernaNve Energy Sources Sub4gemeaf This sub -element is a new addition to the Infrastruchtre Element that addresses the City's goal to be more sustainable and energy-efficient through encouraging green building standards, use of renewable and altemattve energy sources, and new land development regulations supporting the use of renewable and altemative energy sources. Oarks and Recreation Element The only amendment to this element is a new policy related to providing additional parks with amenities such as restrwris and pavilions. FDOT Contact Jf* Plea, G1SP, Systeme Planner Reviewed by: belly Blume, P.E., & Nicholas Badal FDOT Dtstfict5 407 -NO -0555 Assadales, Inc. Telephone: 407-482-7880 Fax 447-275-4188 407-54Q-0554 E-mail:luSfyr plea tsmte.n us i File: Htlooe�Ffenei�gyporAhlriw6erasnflGPAp+ojeetFlM��pe�+w,�l +roepnarera110.7ERn %f@WCR &d= Florida Department of Transportation Intermodal Systems Development Growth Mana ement unit Page 5 of 5 COMPREHENSIVE PLAN AMENDMENT REVIEW COMMENTS Local Government: City of Cape Canaveral DCA Amendment #: 104 ER Date of DCX% Request Memo: of3105110 ROOM Comments Deadfirre: 09104!10 Today's Date: 08/23/201 o REVIEW COMMENTS Regarding Policy T-1.2, it is not technically possible for volume to exceed capacity, so the "maximum acceptable volume ratio' of 1 .10 is not technically achievable. Transit LOS standards are required in Transportation Elements by 9J -5.019(h), F.A.C. RECOMMENDATIONS FDOT believes that the folloWng recommendations should be addressed in the adopted amendment. Regarding FDOTs above comments on Policy 71.2, the policy should be clarified td discuss demand" rather than °volume" and *maximum service volume at the adopted LOS standard" rather than "capacity.' Accordingly, rnaximum service volumes should be stated in the comprehensive plan. Please establish trans€t LOS standards per W -5.019(h), F.A.C. Regarding Policy 1-1.91, the City should refer to the 2009 QualftAev+ef of Service Handbook instead FDOT notes for infomtational purposes that the forthcoming mixed-use future land use designations should state maximum allowable densities and intensities and should provide guidance regarding the percentage of floor area that can be dedicated to difference land uses. This 'information will increase the predictability of development under the mixed-use future land use designations in accordance with 9J- 5.005(6), F.A.C. When the mixed-use future land use designations are applied to specific sites, anaWs of the near- and long-term impacts of applying the mixed-use future land use designations should be provided far SR AIA and SR 401. FDOT notes that the entire municipality has been defined as a "Dense Urban Land Area* (DULA) under SB 360 and qualifies for designation as a TCEA. Municipalities designated as DULAs established under the SB 360 legislation are required to adopt by July 2011 strategies for supporting and funding mobility in the TCEA. Per Section 163.3180(5)(b), F.S., these strategies should include altemative transportation modes and are encouraged to reflect the regional vision (i.e., the How Shall We Grove/? regional vision). FDOT recommends that such strategies include measures, targets, and t€mel€nes by which the success of the TCEA can be periodically evaluated. FDOT Contact Judy Pizzo, LISP, Systems Planner Reviewed by Kalry I3kuoe, P.E., & Nicholas Badai FDOT f)istrict5 Kitieison & Associates, Inm Telephonm 407-482-78M 407-54U555 Fax 407-275-4188 407-540-0550 E -"k 1tdYaU&@d0LMW-fLL!Akhkxne6ldfton,-mjn File: klta0(1Plendn�ldcyhhMwgs—W-PAft]Mlllenitopsia�rowarAl B pis la-1�Etiae�iewae23taacc (95T C MA.L fLofiIDA h(ClOnAL PLAMIK (OLMIL 309 Cranes Roost Blvd Suite 2000 • Altamonte Springs. FI 32701 Philip Lauden. AICP Phone (407).262.7772 • Fax (407).262.77$8 • www.edrpc.otg Executive Director DCA FORM C-7 EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL Amendment Review Form - FY 2009-201.0 I. Local government name: Cape Canaveral 2. Amendment number. 10-1 ER 3. Did the RPC prepare the plan amendment: No 4. Date DCA notified RPC that the amendment package was complete: 8/5/10 S. Date amendment review must the completed and transmitted to DCA: 9/4/10 6. Date the revilew was transmitted to DCA: 9/3/10 7. Description of the amendment; The following "review is for the OW of Cape Canaveral EAR -based Comprehensive flan Amendments. Please complete the foilowing table for each individual proposed amendment to the Future land Use Map LUM a : N/A Site testing Proposed Bdsd.M Proposed BdaV Prop'sw Net NOW (Acreage) RUM rWM Maximum Maximum Maximus Maximum Increase Residettdai Calem caft" Density D"W znterstLy or M (DU/Aae) (DU/Acre) ( Intensity (Decrease) Increase or in (Decrease) Maximum in Potential MOW as rreM=rV. Presse PROVIM TOTALS in iwttam rorr. 8. Is the amendment consistent with the Strategic Regional Policy Plan (SRPP)? Council staff has the following related comments in regards to consistency of the proposed amendments with the SRPP: General ComMent s: EMaNATerxmafiibe [tsar vke Ctrek TM2R g SeoYtary Mary Martin Cheryl Grieb Malne Renick Ranlel O'Keefe Vie Mayor of Port Orange Volusia County League of Cities City Corrunissioner Commissioner Gubematorlal Appointee City of rnftmee Lake County Orarige County SemngBrevard Lake Orange OMWa. Seminole, and i/nkida Cou)?hm Council staff supports the city's current effort to establish Comprehensive Plan language to accommodate development conducive to a "town center" allowing for a mixed-use, pedestrian oriented, compact urban center. Due to the adjacent location of bort Canaveral, Council staff suggests that the City ensure that the Comprehensive Plan's Future Land Use, Coastal Management, and Conservation Elements are consistent and compatible even though the: Port is located outside the City's jurisdiction as stated in the Conservation and Coastal Management Element Legislative Changes, # 65 Section of the EAR -based amendments. Council staff supports the City's efforts to coordinate its transportation policies with Cocoa Beatty, Canaveral port Authority, and Brevard County to ensure compatibility with those respective transportation plans. ncll staff supports the City's effort to develop transportation strategies to reduce vehicle miles traveled and improve pedestrian and bicycle.links between trip generators and attracWrs as well as transit oriented -development. Council staff suggests that the City allow for the permitting of accessory dwelling units under Objective H-9 to complement its affordable housing Coal to "Assure that existing and future residents of the City of Cape Canaveral have access to safe and sanitary housing as an affordable price." Council staff suggests that policy C-3.3, of the Conservation Management ement, page 4, be strengftned so that a C-3 can be achieved. For example, the City may state how the protection of environmentally sensitive areas, beach preservation and tree protection will be promoted either in the Corngrehenstve Plan or the Land Development Code. This could be done through coordination with the appropriate agencies such as Brevard County and the • Department of Environmental Protection to identify specific steeps that can be taken to ensure this p is carried out. Council staff supports the C!Ws addition of the Renewable and Alternative Energy sources Sub - Element. This theme is consistent and compatible with the proposed SR,PP Energy'& Climate Change Chapter. 9. Applicable Strategic Regional Policy Plan goals and objectives: Adopted RPP: Land Use (Urban) Policy 6.1— Comprehensive planning efforts should be based on delineation of urban development areas for purposes of achieving compact and contiguous urban centers and corridors having a full range of services and able to accommodate a full range of urban land uses. Transportation Policy 5.1— New• ransportation projects should be designed to accommodate and encourage alternative forms of transportation in order to reduce reliance on automobiles, and thereby reduce vehicular emisslons that degrade -air quality. Design features used to implement this policy may -incl Natural Resources: Policy 4.14 -- Floodplain that are relatively undisturbed should be protected through regulation and/or public acquisition as appropriate, in order to preclude uses that would permanently degrade floodplain functional values. Policy 4.16 — Flood control for new development should be accomplished by limiting fill in the 100 -year floodplain. The -100 -year floodplain is defined by FEMA FIRM maps; USGS flood prone maps or other suitable means. Where no practical alternative exists to filling in the i.00 -year floodplain, compensatory storage shall be provided by excavating a volume of earth equivalent to the storage loss caused by filling in the 100 year floodplain, assuming that compensatory storage can be provided in an environmentally sound and economically feasible manner. In no case shall functionally viable, regionally significant wetlands be excavated to provide compensatory storage. Policy 4.23 — Proposed activities that would degrade the function of wetlands or deep water habitat shall not be permitted, except where such activities are not contrary to the public interest, and there is no practical alternative that reduces or avoids impacts to wetlands or deep water habitat Unavoidable losses of viable wetlands should be mitigated through demonstrably successful restoration, creation, or — where no other alternative is feasible — preservation of other wetlands whose functional Values are comparable to the wetlands lost Wetiand mitigation should occur within the same watershed as the proposed impact to ensure no net loss of wetland functional values within that watershed. Creation of new wetlands as mitigation should avoid impacts to ecologically valuable uplands, including bird nesting colonies, migratory Wildlife corridors and rare or endangered ecosystems. Proposed SRPP: Community Design Goal: improve and enhance the region's -development character by'assuring a high standard of design in all development Policy 10.5 - Build new centers and rebuild existing urban centers in the most appropriate locations that can reasonably provide urban services and multimodal transportation. In order not to dupliicate demand for local and state resources, these centers should be informed by the East Central Florida 2060 Plan (See Chapter 12, Figure 10 or the SRPP fink above). Policy 10.6 — Require an intereonnecbed network of streets. 10.6.1 Prohibit new dead end streets (cul de sacs). unless absolutely necessary because of topographic features or Natural Resources of Regional Significance. 10.6.2 Use public squares with streets Emanating in all directions from the four corners as a desirable way to achieve common public space and an interconnected street network. Policy 10.7 — Design for transit 10.7.1 Densities prescribed for planned "Transit: Corridors for central Florida" (see Figure 24, Chapter 5 and referenced above in minimum densities section) should be the int !M densities I for new development and redevelopment along these corridors in order to create a proper balance between urban density and transit service. 10.7.2 Transit corridors should provide for a mixture of commercial, office, Institutional, and residential uses in nwlti-story build's that line the roads. Transportation Goal: Develop a�ialanced multi -modal tra rk that connects compact centers of development with minced use transit -served Corridors. Porky 5.1-- Require an interconnected street network for all future reds. Policy 5.3 - Promote a multimodal transportation system that provides for the safe, e(fident,and cost effective movement of people and goods. Policy 5.5 = Require much higher densities in transit -planned corridors as depicted on Figure 24, Chapter 5.) Policy 5.1.0 – Promote compact, mined -use development that reduces vehicle miles traveled. Policy 5.11 •- Encourage public buildings (i.e. schools, past office, church, city hall) to locate in urban centers that become the'heart' of the community. Water Goal: Protech, conserve, and enhance the quality of the region's water resources 10. The effects of the proposed amendment on regional resources or facilities identified in the Strategic Regional Policy Plan: No effects to regional resources or facilities were identified. 11. Extra jurisdictional impacts that would be inconsistent with the comprehensive plan of the affected local government: No extra jurisdictional impacts were Identified. alylig Of the Oftdl aftbUffliaR20—ametridments an MAMIgMCIM issues tome exteof#hev are addressed lin the MUZftic Regi©_rlgil Policy Plan on: 12. Compatibility among local plans including, but not limited to, land use and compatibility with military bases: No negative issues were Identified in regards to compatibility wib local plans. No impacts to military bases are expected. 13. Impacts to significant regional resources and facilities identified in the Strategic Regional Policy Plan, including, but not limited to, impacts on groundwater recharge and the availability of water supply: No impacts to significant regional resources and facilities were identified. 14. Affordable housing issues and designation of adequate sites for affordable housing: No major affordable housing issues were Identified. 15. Protection of natural resources of regional significance identified in the Strategic Regional Policy Plan including, but not limited to, prosection of spring and groundwater resources, and recharge potential: . No negative Impacts to natural resources of regional significance were identified. 16. Compatibility with regional transportation corridors and facilities including, but not limited to, roadways, seaports, airports, public transportation systems, high speed rail facillties, and intermodal fatuities; The proposed amendments are compatible with regional transportation corridors and facilities; 17. Adequacy and compatibility with emergency preparedness plans and local mitigation strategies Including, but not limited to, the impacts on and availability of hurricane shelters, maintenance of county hurricane clearance times, and hazard mitigation: No conflicts with emergency preparedness purls were identified. 18. Analysisof the effects of extra jurisdictional impacts which may be created by the amendment: No extra jurisdictional impacts were identified as a result of the proposed amendment. James 5tansbury/DCAIFLEOC 091031201010:49 AM To Caroline KniohVDCAIFLEOC@iieoc cc bcc Subject Fw: Cape Canaveral 10-1ER — Forwarded by James Stansbury/DCA/FLEOC on 09/031201010:47 AM — Matt Boerger <ntpo•cxg> To "DCA Comp Plan Comments 09/03/201010.38 AM(QCPextemelagencycomments@)dco.state fl.us)` <DCPextemalagencycomments@dca statefl.us> cc m�ke.rrx�anEel@dca.statefl.u�" <mike.mcdaniel@dca.state.fl.us>, "james.stansburY@dca.sWte.fl.us" dames.stansbury@dca.state.fi.us>, 'Ray.Eubanirs@dca.state.fl.us" <Ray.Eubanks@dca.siate.ft.us>, George Kinney <gldnney@ar-*pc.org>, Andrew Landis <andrew@ecfrpc.org>, "brown-cape@cfl.rreorn" <brown-cape@c l.rr.00m> Subject Cape Canaveral 10-1 ER Dear Mr. McDaniel, Please see the attached comments for the City of Cape Canaverars Comprehensive Plan Amendment if you have any questions or comments, please contact Andrew Landis at (407) 262-7772 or email at Andrew(@ecfrpc.or�. Thank you, Matt BOerger, AICP, LEED AP Planner II t�boerecfij_�c� East Central Florida Regional Planning Council 309 Cranes Roost Blvd Suite 2000 Altamonte Springs, Fl 32701 407.2627772 (phone) 407.262.7788 (fax) wnw.edrbaory Milk imegeD�l.prrg Cape Canaveral 10-1 ER.fidf yti�� T � r FWRIDA DEPARTNMNT OF Dawn o, Interim Secretary of State DrWSION OF I •• RESOURCES September 1, 2010 Mr. Ray Eubanks Department of Community Affairs Bureau of State Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Historic Preservation Review of the Cape Canaveral 10-IER Comprehensive Plan • Amendment (Brevard County) Dear Mr. Eubanks: According to this agency's responsibilities under Section 163, Florida Statutes, and Chapter 9j-5, Flaridd Adnunisfmtwe Cade, we reviewed the above document to deternune if data regarding historic resources were -given sufficient consideration in the request to amend the Cape Canaveral Comprehensive Plan. We reviewed proposed Evaluation and Appraisal Report based text amendments to various elements of the. Cape Canaveral Comprehensive Flan to consider the potential effects of these actions on historic resources. In the Coastal Management Element;, Objective CM 10 addresses historic resource protection. • A new policy was added that states that the city will pursue f coding for an archaeological survey. The Housing Element addresses historic structures in Objective H-6. Changes have been made to address all historic structures, not just historic housing. Furthe a pore, Policy H-6.1 has been amended and references development of a process to designate historical structures. Reference is made -to the Florida Master Site File and the National Register of Historic Places (NRNP). The Florida Master Site File does not designate sites as historic. When historic sites and properties are evaluated for significance by this agency, we use the NRNP criteria. Objective LU -1.4 of the Future Land Use Element addresses protection of natural and historic resources. No changes have been made to the implementing policies. However, changes in the two elements referenced above add more emphasis to the identification and evaluation of historic sites and properties, and ultimately protection and preservation. 500 S. Bronough Street . Tallahassee, FL 32393-4250 . http://www.flheritage.com G Dimdes Office 0 Arciueological Reaeamb - Histm is Freservation &90245.6300 • FAX: 245.6436 850245XA" • FAX: 245.64$2 850.245.6333 • FAX- 245.6437 Mr. Eubanks September 1, 2010 Page 2 If you have any questions regarding our comments, please feel free to contact Susan. U Harp of the Division's Compliance Review staff at 850.245.6333. Sincerely, Laura A. Kammerer, Historic Preservationist Supervisor Compliance Review Section. Bureau of Historic Preservation xc: Mr. James Stansbury August 27, 201.0 Mr. Ray Eubanks Florida Department of Charlie Governor . Governor Environmental Protection-reffKottk=9 MaJory Stoneman Douglas Building LL. Governor 3900 Commonwealth Boulevard Tallahassee, Florida. 32399-3000 Michael w. sole Secretary Plan Review and DRI Processing Team Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida -32399-2100 RE: . Cape -Canaveral 10-1EF., Comprehensive Pian Amendment QRC Review Dear Mr. Eubanks: The Office of Intergovernmental Programs of the Florida Department of Fhvironmental Protection (DEP or Department) has reviewed the above -referenced City of Cape Canaveral (City) amendment proposal under the procedures'of Chapter 163, Florida Statutes, and Chapters 9J-5 and 9J-11, Florida Administrative Code. Quer comments address the potential impacts of the proposed land use designation or policy change on resources or faeilities witbi n the purview of the Department's regulatory and proprietary responsibilities. The Depar meet provides the following comments and recommendations �to assist your agency in developing the state's response to the proposed amendment. . Future Land Use Element Objective LU -1.8 and associated policies indicate that the City will encourage the mix of residential, office, commercial, retail, restaurant, hotel and flex space through the use of Mixed Use land use designations. Poli Lu -1.8.1, however, defiers there ' ed uses to the City's Land Development Regulations (LD proposed policies fail to include maximurn allowabI tages for residential, commercial and other uses. A land'use designation that does not provide the allowable Mix of land uses or the allowable_ intensity,of those land uses provides no predictability for assessing potential environmental impacts or for projecting water supply and public facility demands. Thus, the Mixed Use land use category policies do not provide adequate criteria from which the Department can determine the type, amount, location or intensity of development within Mixed Use designated lands, as required by Rule 9J -5.006(4)(c), P.A.C. "More Protection Less Process" www.dep.nate.}l.us Mr. Ray Eubanks August 27, 2010 Page 2 of 2 Conservation Element The Conservation. Element does not include a policy that requires a specific wetland protection buffer where no activities arq,4owed. The wetlands poiiciesi within the Conservation Element defer protection to the LDRs, relegating the protection of wetlands to the environmental resource permitting process. The permit process is primarily reactive, as it must direct its attention to the specific application for an activity at a particular site, whereas planning guides land -use decisions away from natural resources. The Department recommends that the County review its wetland protection policies to address the Department's concerns. Thank you for the opportunity to comment on the proposed amendment package. Should you have any questions or require further assistance, please call me at (850) 24$- 2172. Yours sincerely, Suzanne E. Ray, AICP Office of Intergovernniental Programs /ser 1 CM -1.1 and C-4.5 City of Cape Canaveral City Council Agenda Form City Council Meeting ate:10119/2010 Item No. Subject: Motion to Adopt: Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at Second Reading. Department: Community Development Summary: This Ordinance was approved for first reading at the 9/21/2010 City Council Meeting and is back for adoption at second reading. The advertisement was published on October 1, 2010. This Ordinance delegates alcohol waiver authority from the City Council to the City Manager. Requested Council Action: Adoption of Ordinance No. 12-2010 at second reading. Financial Impact: $0.00 Reviewed by City Treasurer: Andrea Bowers Date: /4IRLD— Attachment: Ordinance No. 12-2010 Submitting Department: City Clerk's Office Date: 10/08/10 Approved by City Manager: David L. Greene t9`3- Date: 101 cc (to City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain J City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. Subject: Motion to Adopt: Ordinance No. 12-2010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at Second Reading. Department: Community Development Summary: This &Rdinance was approved for first reading at the 9/21/2010 City Council Meeting and is back for adoption at second reading. The advertisement was published on October 1, 2010. This Ordinance delegates alcohol waiver authority from the City Council to the City Manager. Requested Council Action: Adoption of Ordinance No. 12-2010 at second reading. Financial Impact: $0.00 Reviewed by City Treasurer: Andrea Bowers Date: Attachment: Ordinance No. 12-2010 Submitting Department: City Clerk's Office Date: 10/08/10 Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 12-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES; 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 City Council finds that administrative waivers of alcoholic beverage prohibitions are properly delegated to the city manager; 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 Canaveral. Section 2. Code Amendment. Chapter 6, Alcoholic Beverages, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 6. ALCHOHOLIC BEVERAGES ARTICLE M. POSSESSION AND CONSUMPTION DIVISION 1. GENERALLY See. 6-51. Streets, alleys, sidewalks and parking areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, on or upon City of Cape Canaveral, Morida Ordinance No. 12-2010 Page 1 of 3 any street, alley, walkway, sidewalk or any city public parking area open to the public in the ordinary course of business within the city. (b) The city eounefl manager may waive the prohibitions of this section for any special event, including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city eetineil manager may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. See. 6-53 Ocean beach. (a) It shall be unlawful for any person to possess an alcoholic beverage, as defined in F.S. ch. 561, on the ocean beach or dune in containers greater than one gallon (128 ounces) in capacity. (b) The city esooeil manager may waive the prohibitions of this section for any special event including, but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. 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 City of Cape Canaveral, Florida Ordinance No. 12-2010 Page 2 of 3 a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance.. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010 ROCKY RANDELS, Mayor ATTEST: FOR AGAINST Bob Hoog Buzz Petsos ANGELA APPERSON, City Clerk Rocky Randels Shannon Roberts Betty Walsh First Reading: Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral, Florida Ordinance No. 12-2010 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1 011 91201 0 Item No. Subject: Motion to Adopt: Ordinance No. 13-2010, Amending Chapter 10, Amusements and Entertainments, of the Code of Ordinances; Regulating Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at Second Reading. Department: Community Development Summary: This Ordinance was approved for first reading at the 9/21/2010 City Council Meeting and is back for adoption at second reading. The advertisement was published on October 1, 2010. This Ordinance revises the Outdoor Entertainment Event Code in the following ways: 1. Makes the Outdoor Entertainment Event Permit process administrative (Council approval is not required), 2. The definition of an Outdoor Entertainment Event has been altered to provide a more flexible qualification threshold. Note: Resolution No. 2010-22 addresses fee revisions and will be the next item on this agenda. Requested Council Action: Adoption of Ordinance No. 13-2010 at second reading. Financial Impact: Currently, all events must pay a $500 application fee. This change may increase revenue due to the more palatable rate. Through the years only one $500 event permit has been issued. All other event permits have received fee waivers. The corresponding Fee Resolution may have a positive financial impact. The Resolution will reduce the application fee to $250 for those events having le than 200 persons. Reviewed b Ci Treasurer: Andrea Bowers Date: Attachment: Ordinance No. 13-2010 Submitting Department: City Clerk's Office Date: 10108110 Approved by City Manager: David L. Greene Date: to l rf t t 0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1011912010 Item No. Subject: Motion to Adopt: Ordinance No. 13-2010, Amending Chapter 10, Amusements and Entertainments, of the Code of Ordinances; Regulating Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at Second Reading. Department: Community Development Summary: This &inance was approved for first reading at the 9/21/2010 City Council Meeting and is back for adoption at second reading. The advertisement was published on October 1, 2010. This Ordinance revises the Outdoor Entertainment Event Code in the following ways: 1. Makes the Outdoor Entertainment Event Permit process administrative (Council approval is not required), 2. The definition of an Outdoor Entertainment Event has been altered to provide a more flexible qualification threshold. Note: Resolution No. 2010-22 addresses fee revisions and will be the next item on this agenda. Requested Council Action: Adoption of Ordinance No. 13-2010 at second reading. Financial Impact: Currently, all events must pay a $500 application fee. This change may increase revenue due to the more palatable rate. Through the years only one $500 event permit has been issued. All other event permits have received fee waivers. The corresponding Fee Resolution may have a positive financial impact. The Resolution will reduce the application fee to $250 for those events having less than 200 persons. Reviewed by City Treasurer: Andrea Bowers Date: Attachment: Ordinance No. 13-2010 Submitting Department: City Cleric's Office Date: 10/08/10 Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 13-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, OF THE CODE OF ORDINANCES; REGULATING OUTDOOR ENTERTAINMENT EVENTS; 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 City does not desire to exclude communication of a particular content but instead desires to coordinate multiple uses of property, to assure preservation of property, and to prevent uses that are dangerous, unlawful, or impermissible under the local, state, and federal statutes or regulations, and WHEREAS, regulations of the use of property that ensure the safety and convenience of the people are not inconsistent with civil liberties but are one of the means of safeguarding the good order upon which civil liberties ultimately depend. See Cox v. New Hampshire, 312 U.S. 569, 574 (1941); and WHEREAS, without the necessity of the regulations hereunder, outdoor entertainment events may create disturbances, become nuisances, menace life, limb, and property, or disrupt traffic. See Shuttlesworth v Birmingham, 394 U.S. 147 (1969); and WHEREAS, the City Council finds that administrative determinations regarding closure or gating of public property and streets are properly delegated to the city manager, and WHEREAS, the City Council finds that administrative determinations regarding fee waivers and deposits imposed for events hosted by the City, the Brevard County Sheriff's Office, the Cape Canaveral Volunteer Fire Department, city -sponsored events, or nonprofit corporations are properly delegated to the city manager; 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, Florida Ordinance No. 13-2010 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 10, Amusements and Entertainments, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and s*keaut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of tent existing in Chapter 10. It is intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 10. AMUSEMENTS AND ENTERTAINMENTS ARTICLE M. OUTDOOR ENTERTAINMENT EVENTS DIVISION 1. GENERALLY Sec.10-d7. Definitions. Outdoor entertainment event shall mean any public celebration or gathering, conducted in whole or in part in the open air, such as, but not necessarily limited to, athletic entertainments, carnivals, dancing, concerts, block parties, dramatic productions, art exhibitions, parades or the sale of merchandise, food or alcohol, or any combination of the foregoing, which - (1) I involves the use of or impact to public or private property, or property dedicated exclusively for public use; and (2)W where the nature of such outdoor entertainment event requires the erection of stages, barricades, utility poles, booths, tents, or other temporary structures, or the use of parked vehicles or of permanent structures; and/or_; and (3) which of necessity requires, for the outdoor entertainment event's successful execution, the provision and coordination of municipal services to a degree significantly over and above that which the city routinely provides under ordinary everyday circumstances. 1 ►/ _ � �i►��31.i��1i1� See. 10-64. Closure or gating of public property and streets. (a) Streets may be closed, portions of streets and parks may be gated, and an admission fee may be charged in connection with an outdoor entertainment event at the discretion of the city ceil manager. City of Cape Canaveral, Florida Ordinance No. 13-2010 Page 2 of 4 (b) In reviewing a request for closure of a street, gating of a park or the charging of an admission fee for the outdoor entertainment event, due regard shall be given to public safety and environmental effects of such closing, to ensure that all reasonable steps are taken to minimize the adverse effect such closings may have upon the public. (c) if an event is gated, no person shall be barred from entering the gated area on the grounds of race, color, religion, gender, age, disability or national or ethnic origin. (d) The city eoun manage_ r has the full and sole authority to close any city street or roadway and/or detour traffic due to an outdoor entertainment event. Sea 10-73. Fees and deposits. Any applicant seeking to make application for and obtain an outdoor entertainment event permit shall agree to accept conditions in accordance with this article and pay the prescribed fees, as amended from time to time, and adopted by resolution of the city council. (1) No later than 14 days prior to the each outdoor entertainment event being held, applicants shall make full payment to the city for , eleamp and damage deposit and my othw all fees and deposits authorized under this article. (2) Upon request, the city eemteil manager may waive fees and deposits imposed pursuant to this article for events hosted by the City, the Brevard County Sheriff's Office, or the Cape Canaveral Volunteer Fire Department, for city -sponsored events, or for nonprofit organizations based upon the city's experience with previous events, and the size, duration and location of the proposed outdoor entertainment event if the city emmeil manager determines that the outdoor entertainment event serves a municipal purpose, including, but not limited to, economic development, city -organized events or other local charitable events. M In the event that an outdoor entertainment event is held at a Ci -owned facilfty, an clean Up and dam a deposit paid for the facility rental shall be credited toward the clean u and damaa deposit paid for the outdoor entertainment event held at such facilLW. The total amount of the clean Mp and damage deposit shall not exceed the amount for such dgposits set forth in the Appendix B, Schedule of Fees applicable to this article. 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 City of Cape Canaveral, Florida Ordinance No. 13-2010 Page 3 of 4 like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of .2010 ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ROCKY RANDELS, Mayor FOR AGAINST Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral, Florida Ordinance No. 13-2010 Page 4 of 4 City of Cape Canaveral City Council Agenda Form City Council Meeting. Date: 10/19/2010 Item No. 10 Subject: Motion to Approve: Resolution No. 2010-22, revising City Code Appendix B (fees) for Outdoor Entertainment Event Permits per City Code Chapter 10, Article III. Department: Community Development Summary: At the 611110 City Council meeting, resident Joyce Hamilton stated that the Fee Schedule for Outdoor Entertainment Events may be too expensive for smaller events such as the Sun Seed Co -Op Customer Appreciation Day event. Additionally, she stated that the fees imposed for a recently held Farmer's Market were too costly. In response, City Council directed Staff to create a two-tier fee schedule. This Resolution revises the Fee Schedule and provides a two-tier application fee. The review procedure and approval criteria will remain the same regardless of the fee paid. At the 9/21110 City Council meeting, consensus was reached to revise two items: 1. Reduce deposit fees from $500 to $250 for events where attendance is expected to be 200 persons or less, and 2. Ensure that no applicant would pay an additional damage deposit for an event held at a city -owned facility. Requested Council Action: Approval of Resolution No. 2010-22 Financial Impact: Currently, all events must pay a $500 application fee. This Resolution reduces the application and deposit fees to $250 for those events having less than 200 persons. Reviewed by City Treasurer: Andrea Bowers Date: Attachment: Resolution No. 2010-22 Submitting Department Head: Todd Morley Date: 1018110 Approved by City Manager: David L. Greene LD '01 Date: 1 o1$1ro City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2010 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE EXISTING FEE SCHEDULE FOR CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, RELATED TO OUTDOOR ENTERTAINMENT PERAHTS; PROVIDING FOR INCORPORATION INTO "APPENDIX B" TO THE CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, 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, section 166.201, Florida Statutes, authorizes the City Council to impose fees necessary for the conduct of municipal government; and WHEREAS, the City Council adopted Ordinance 04-2410, authorizing the imposition of fees related to the City's outdoor entertainment event permit regulations; and WHEREAS, the City Council desires to implement the revisions set forth herein related to permitting outdoor entertainment events; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED 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 and are deemed a material part of this Resolution. Section 2. Amendment of Existing Fee Schedule for Chapter 10, Amusements and Entertainments. The Cape Canaveral City Council hereby amends the existing fee schedule set forth in "Appendix B" to the Cape Canaveral Code of Ordinances for Chapter 10, Amusements and Entertainments as follows underlined type indicates additions and seem type indicates deletions from the existing fee schedule, while asterisks (* * *) indicate a deletion from this Resolution oftext existing in Appendix B. It is intended that the text in Appendix B denoted by the asterisks and set forth in this Resolution shall remain unchanged from the language existing prior to adoption of this Resolution): City of Cape Canaveral Resolution No. 2010-22 Page 1 of 3 APPENDIX B — SCHEDULE OF FEES Chapter 10. Amusements and Entertainments Article III. Outdoor Entertainment Amount Code Section (a) Permit fee for events where attendance is $500.00 10-61 estimated to be 200 or less persons ......................... $250.00 Permit fee for events where attendance is estimated to be 201 or more persons ............ .............. $500.00 10-61 {b},c Extra personnel hours, as defined in Chapter 10....... Actual cost 10-73 Clean up and damage deposit for events where $88:88 attendance is estimated to be 200 or less persons...... $250.00 10-66 (e) Lej Clean u and damage deposit for events where attendance is estimated to be 201 or more persons...... $500.00 10-66 Section 3. Incorporation into "Appendix B" to the Code of Ordinances. The fee schedule set forth in this Resolution shall be incorporated into "Appendix B" to the Cape Canaveral Code of Ordinances and any section or paragraph number or letter and any heading may change or be modified as necessary to effectuate the foregoing. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability, If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption. (Execution Page Follows) City of Cape Canaveral Resolution No. 2010-22 Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida this day of October, 2010. ATTEST: ANGELA APPERSON, City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ru. i nvxr x A. kxIkK%YAPl1< ZE' , l 1iy AUOrney ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Resolution No. 2010-22 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. Subject: Approve the second amendment to the Binding Development Agreement and Motion to Approve: Resolution No. 2010-31, providing for the division of a tract of land owned by Martin Marietta Materials, Inc., Generally located on Challenger Road in Cape Canaveral, Florida and legally described herein, two (2) lots of record; providing for the repeal of prior inconsistent Resolutions; Severability; and an effective date. Department: Community Development Department Summary: See Staff Report Requested Council Action: Approve second amendment to the binding development agreement and adopt Resolution No. 2010-31. Financial Impact: None. Reviewed by City Treasurer: Andrea Bowers Date: /19/z'lo Attachments: (1) Staff Report. (2) Aerial. (3) Site plan. (4) Resolution No. 2010-31. (5) Second Amendment to the Binding Development Agreement. (6) Planning and Zoning recommendation. 19 Submitting Department Head: Barry Brown vr� Date:10112110 Approved by City Manager: David L. Greene Date: fq�f I [to City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment "1" City of Cape Canaveral, Florida City Council October 19, 2010 STAFF REPORT Request: For a lot split of the Markin Marietta Materials property, formerly Ambassador Services. Applicant: Randall May Owners of property: Martin Marietta Materials, Inc. Subject property: 245 Challenger Rd. This is the aggregate storage facility adjacent to the port and accessed from George King Blvd. Future Land Use and Zoning designation: M-1, Light Industrial and Research & Development District. Surrounding zoning: North — Port East — M-1, Industrial and C-1, Commercial South — M-1, Industrial West— M-1, Industrial Surrounding uses: North — Port East— Industrial, vacant land, and Portside Villas condominiums South — Storage facility West — Industrial and vacant land. Summary: Earlier this year, Ambassador Services, Inc. (Randy May's aggregate storage facility) was sold to Martin Marietta Materials, Inc. In an effort to expedite the sale, the property was sold in its entirety with the understanding that a portion of the property would be returned to Mr. May. A lot split application has been received that separates the Ambassador Services building and surrounding grounds from the larger aggregate operation. Analysis: This request for a lot split is the first application we have processed since adopting our new lot split ordinance. The application has been reviewed by Public Works, the City Engineer, the City Attorney and the City Planner and all staff comments and code requirements have been met. The lot to be split is a previously platted lot and the lot created has access by recorded easement to a public road. The proposed lot split is in compliance with the provisions of the code, it is consistent with the comprehensive plan, Attachment: "1" the lots created conform to the code, and proper ingress and egress have been provided. The lot split will be recognized by adoption of Resolution No. 2010-31 and approval of an amendment to the existing development agreement which covers the property. Staff Recommendation to the Planning and Zoning Board Staff recommended approval of the requested lot split. Planning and Zoninq Board Recommendation to the City Council The Planning and Zoning Board heard this request at its September 22, 2010 meeting and unanimously recommended approval of the requested lot split. Staff Recommendation to the City Council Staff recommends approval of the lot split by adopting Resolution No. 2010-31 and approving the Second Amendment to the Binding Development Agreement. 2 (n Z] r-- N CD 0 CC r+ 3 T Er i�: r N (D CD > N O v ffi W 0. C a 9 Z nr A _z. r) 00 o x In . OD m LL) PORTSZ M VILLAS CON001 OFFI C- A , RECORDS BOOK PAGE 4826 rt 1! pktv�-s cv e- PrW1W Zv\ c -v Wx cL i M ct t ? d La 5 a o -A. CIL - C' cf C { `Lfk� 0 �A,-e C' R m T EL rt 1! pktv�-s cv e- PrW1W Zv\ c -v Wx cL i M ct t ? d La 5 a o -A. CIL - C' cf C { `Lfk� 0 �A,-e C' RESOLUTION NO. 201.0-31. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE DIVISION OF A TRACT OF LAND OWNED BY MARTIN MARIETTA MATERIALS, INC., GENERALLY LOCATED ON CHALLENGER ROAD IN CAPE CANAVERAL, FLORIDA AND LEGALLY DESCRIBED HEREIN, INTO TWO (2) LOTS OF RECORD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; 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, section 98-66 of the City Code authorizes the City Council to approve by resolution the division of a tract of land that will result in the creation of exactly one (1) additional tract of land, generally referred to as a "lot split"; and WHEREAS, section 98-66 sets forth the requirements and application process for lot splits; and WHEREAS, Martin Marietta Materials, Inc. ("Owner") is the owner of certain real property generally located on Challenger Road in Cape Canaveral, Florida, legally described herein; and WHEREAS, Owner has petitioned the City, pursuant to section 98-66 of the City Code, to divide said property into two (2) separate lots; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, on September 22, 2010, the Planning and Zoning Board considered Owner's lot split application and recommended approval of same to the City Council; and WHEREAS, the City Council finds that Owner has satisfied all of the requirements for lot splits set forth in section 98-66 of the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this resolution to be in the best interests of public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE City of Cape Canaveral Resolution No. 2010-31 Pagel of 3 CANAVERAL HEREBY RESOLVES, AS FOLLOWS: Section x Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Approval of Lot Split. The City Council hereby approves, pursuant to section 98-66 of the City Code, the division of the real property generally located on Challenger Road in Cape Canaveral, Florida, legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Such lots are legally identified as "Parcel A" and "Parcel B" and legally described in Exhibit "B," attached hereto and fully incorporated herein by this reference. Upon recordation of the documents reflecting the lot split in the Oficial Public Records of Brevard County, Florida, said lots shall each be deemed a lot ofrecord for development purposes pursuant to applicable law. Section 3. Repeal of Prior In consistent Res olations. All prior inconsistent resolutions adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this resolution 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 resolution. Section 5. Instructions to Staff. Pursuant to section 98-66(h) ofthe City Code, the City Clerk is hereby directed to record the documents reflecting the lot split in the public records of Brevard County, Florida. The Community Development Department is hereby directed to modify city maps and documents to reflect the lot split. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2010 [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2010-31 Page 2 of 3 ATTEST: Angela Apperson, City CIerk Rocky Randels, Mayor For Against Approved as to legal forrn and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Resolution No. 2010-31 Page 3 of 3 COMMENCE AT TAE NORTHEAST CORNER OF SECTION l5, TOWNSHIP 24 SOUTH, RANGE 37 EAST, THENCE GO SOUT14 ON THE EAST SECTION LINE 1494 90 FEET TO THE POINT OF BEGINNING. THENCE SOUTI4 ON SAID SECTION LINE 451.30 FEET, THENCE WEST 945.50 FEET TO THE EASTERLY LINE OF THE CAN"ERAL PORT AUTHORITY, 'i'I•IENCE IN A NORTHWESTERLY DIRECTION ALONG SAID PORT AUTHORITY'S EAS'T'ERLY LINE TO A POINT LYI40.1146.20 BEET WEST O1' THE POINT OF BEGINNING. THENCE 1146,20 FEET EASTTO THE POINT OF BEGINNING. SAID DESCRIPTION BEING IN ACCORDANCE WITH SURVEY OF LANDS CN nCTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, FOR O.H. CRANDLER, FEB. 19, 1922, By 1-10IREY B. SMITI•I, ENGINEER, LESS THE BAST 225.00 FFET THEREOF. AND A PARCEL OF LA14D LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSE13 BASE MERIDIAN, BRPVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCE AT THE NOICTMAST CORNER OF SAID SECTION 15, AND THENCE WESTERLY ALONG TIME NORTH LINE OF SAID SECTION 15, A DISTANCE OF 165.12 FEET MORE OR LESS, TO A POINT IN THE U.S. GOVERNMENT MEANDER LINE; THENCE SOUTH 23 DEGREES 08 MTNLrrB 26 SECONDS WEST, ALONG SAID MEANDER LINE, A DISTANCE OF 590.41 FEET TO THE POINT OF BF,004NING, SAID POINT BEING LOCA'T'ED AT STATION 238 + 07.69 AND RANGE 2352.75 IN THE CANAVERAL HARBOR GRID SYSTEM, THENCE CONTINUE NORTH 90 DEGREES 00 M1NY.)TES 00 SECONDS EAST, A DISTANCE OF 296.69 .FEET; THENCE SOUTH 0 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 124.61 FPX; I; THENCE SOUni 23 DEGREES 08 MINUTES 26 SECONDS WEST, A DISTANCE OF 601.44 FEET TO THE NORTI.IERLY LINO Of TIM LANDS DESCRTBED IN DEED BOOK 328, PAGE 311; THENCE SOUTH 69 DEGREES 52 MINUTES 44 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 397.64 FRET; THENCE NORTH 0 DWOES 00 NUNUThS 00 SECONDS FAST A DISTANCE OF 174.90 FEET TO TIM SOUTHWEST CORNER OF A CANAVERAL PORT AUTHORITY LEASE DESCRIBED iN OFFICIAL RECORDS BOOK 3680, PAGE 1672, PUBLIC RECORDS OF BR13VARD COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS EAST, ALONG THE SOUTH I;,M OF SAID LEASE, A DIS'T'ANCE OF 112 88 FEET TO 'n -TE SOUTHEAST CORNER OF SAME; THENCE NORTH 23 DEGREES 08 MINU'T'ES 26 SECONDS .EAST, ALONG THE EASTERLY LINE OF SAID LEASE AND THE U.S GOVEIMMENT MEANDER LINE, A DISTANCE OF 545.53 F»T TO THE POINT-OF- BEOINN1NG. ALONG WITH PERPETUAL AND PREPAID NON-EXCLUSM EASEMENT'S FOR INGRESS AND EGRESS OVER THE FOLLOWINU PARCEL - DISCOVERY ROAD EXTENSION PARCEL A PARCEL OF LAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, ]{LORrVA AND 13EING MORE PARTICULARLY DESCRIBED AS FOLLQWS- COMMENCE AT nM NORTHEAST CORNER OF SAID SECTION 15, AND T3-IENCE WESTERLY ALONG THE NORTH LIMB OF SAID SECTION 15, A DISTANCE OF 165.12 FRET MORE OR LESS, TO A POINT ON THE U.S. GOVERNMENT MEANDER LINE; TI113N'CE SOUTH 23°08'26" NEST, ALONG SAID MEANDER LINE, A DISTANCE OIC 1,435.77 FEET TO THE SOUTHEAST CORNER OF TFTE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 3692, PAGE 1672; THENCC SOUTH 90000'00" WEST, ALONG Ti -I>; SOUTH LINE OF SAID LANDS A DISTANCE OF 112.88 FEET TO THE SOUT14WEST CORNER OF SAID LANDS AND THE EASTERLY -RIGHT-OF-WAY LINE, OF DISCOVERY ROAD AND POINT OF BEGTNNFNO; TI3ENCE SOUTH 0000900" WEST A DISTANCE OF 174.90 FBET TO THE NORTH LINE OF THE LANDS DESCkMED IN DEED BOOK 328, PAGE 3Il; THENCE NORTH 89°52'44" WEST, ALONG SAID DEED LINE, A DISTANCE OF 50.00 FEET; THENCE NORTH 00000'00" EAST, A DISTANCE OF 174.90 FEET; THENCE NORTH 89°52'4.4" EAST, A D15'TANCEu OF 50.00 FEETTO THE POINT OF BEGINNING. -ALL REFERENCES REFER TO TIB- PUBLIC RECORDS OE BREVARD COUNTY, FLORIDA. 1 PARCEL 4 o! a S i A PARCEL OF LAND LYING IN SECTION 1S, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: e COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 15 (A DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER DOCUMENT NO. 00187707, 4-10- 84); THENCE S00°47'35"E, ALONG TTIE EAST LINE OF SAID SECTION 15, A DISTANCE OF 1494 49 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN DBED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF 13ILE'VARD COUNTY, FLORIDA; THENCE N89052'44"W, ALONG SAID LINE, A DISTANCE OF 225.00 FERT TO THE POINT OF - BEGINNING; THENCE CONTINUE N89°5244"W, ALONG SAID LINE, A DISTANCE OF 245.36 FEET; THENCE N23°08'26"E, A DISTANCE OF 40[.44 FE):i; THENCE S00"55'14"E, A DISTANCE OF 553.64 FEET TO THE POINT-OT-BEGINNiN(}. AND A 1'AKCl5, Or LAND LYING IN SECTION I5, TOWNSI:IIP 24 SOUT'FI, RANGE 37 EAST, TALLAHASSEE BASE MER1DIAN, BREVARD COUNTY, FLORIDA AND BEING, MORETALLAHASSEE PARTICULARLY DI;SCRIIMBD AS FOLLOWS: COMMENCE AT'THE'NORTFIEAST CORNER OF SAM SECTION 15 {A D13PARTMENT OF NATURAL RESQURCI;S CERT1FI1rD SECT]ON CORNEit I)0(:UIviENT N1-00197707,4-10- DISTA'R 84); THENCE S00047'35"E, ALONG THE EAST LIME Gia SAID SECTION 15, OF 1494.49 l:EI;T TO THE PO1Nr OF -BEGINNING; TIjFNCE CONTINU-13 ALONG SAID EAST LM, 300147'35"I3, A DISTANCE OF 451.30 FEET TO THE SOU iTI LINE OF T11E LANDS DESCRIBBD IN DEED BOOK 328, PAGE 311 OF "CRE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE N89°52'44"W, ALONG SAID SOUTH LINE, A DISTANCE OF 225.00 T13ET; THENCE N00047'351-W,.A DISTANCE OF 451.30 FEET; TfiENCE 989052144"E, A DISTANCE OF 225.00 TEST TO THE POINT -OF -BEGINNING. _. ._.. ..._.... ..........._ _ _..._. _... ......... ..... : PARCEL 5 �I A PARCEL OPLAND LYING IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 .EAST, � TALLARASSEI~ 13ASE MERIDIAN, 13UVARD COUNTY, FLORIDA AND BEING MORD � PARTICULARLY DESCRIBED AS FOLLOWS: • i COMMENCE AT THE NOR'T'HEAST CORNER OF SAID SECTION 15 (A DEPARTMENT OF NAT13It URAL RESOURCES CBRTIFIFD SEMION CORNDOCUMENT 0.00187707,4-10. 84); THENCE S00047351113, ALONG TI-iE EAST LINE OP SAID SECTION 15, A DISTANCE OF 550.00 FEET TO THE POINT -OIC -BEGINNING; THENCE CONTINUE- ALONG SAID EAST LINE, SOOb47'35" 1:., A DISTANCE OF 935.49 FEET TO Tlir, NORTH LINE OF TIM LANDS DESCRIBED 1N DEED BOOK 328, PAGE 311 OF THE PUBLIC RECORDS OF BRFVARD COUNTY, FLORIDA., THENCE N89°52'44"W, ALONG SAID NORTH LINE, A DISTANCE OF 225 00 FEET; THENCE N0005514"W, A DISTANCE OF, 553.64 FEET; THENCE N00°00'00"F„ A DISTANCE OF 351.83 FEET TO THE SOUTH LfNE OF THE CANAVERAL TORT AUTHORITY; THENCE 889155148"E, ALONO SAID LINE, A DISTANCE OF 22 LOS FEET TO THE POfNT-of-BEGINNING. EXHIBIT PARCEL A .LEGAL V -SC T0v --J3 A PARS OF LAM -LYM tilt SC=og TS, 7aW np 24 FAST. TALLMA1RA!3E MMFAT4, 8REVARD 010UNTY. FLO]WA AM IX* MORE PART'tC"LY UtSftSM AS F fl : 09ENCE AT THE NORMEAst tORWR Or SAD %CTION * to DEPARTMW NI TIFF CES #' 1N'# El SEapon ORRl;R� DOCUM ,13141 44r35"Ej,ALi)NQ THE EAS$LINE <F SAO 8lrdTI€�t 15, A t TAi+tCE t3 ' SS. F(3 F EitT � 1 • AL(I",3 '"_le SOitTli LIM 'op TJiE CMAWRAL PORT AknHORITY. A USTAWX OF IV52 VEEP' 'fo ViE POINT OP DZ("TNr (CE "MW E, A 01-STA14C.t or 151:25 real xPICN $40" 00'00C, A WSTANCg OF 4167 RET:T OE 345¢QW00"W�f, A brl�fiy �#yCti} I: OF X11.8/0 F' 'j THENCEWSTANCe =OIE. 0,.q * 1740T, AZA{Krz {t� F 370.24 1 EET; 13,64 T: 01STMCC OF 14,44 fEETi 'f!•1tN% 800".1,3"6 '2. A OWANCZ OF 1$7'.27 Fa TO THE WRTH LWE OF TW LAWS DESMSED IN OVO SO�Ic ��S, I�A�� Tiz THCW'E Seg* s� "I, AW SAO Lfft> A 1TISTA�'CE OP'241,52 I~�-T gCr �� AF ORtSAZ LAST I IVX; Or $tWTION 15; ,THME =. 47q5,,t' ALONG SAIIU EAST I.94Er A OISTMCC OF 01.30 rzt? TO ym 'south tme 1JF nia Lmm mst ;4fS 0 Ike DEED BWK 428, PAU �11; TH1 NC9 Mqa 51,44-W, ALONG SAM SSoVT " LINE„ A VIVANCE OF 105.60 .FEV TO TSE WEST LINE OF SO LAl'IM'T•HENCE I+x2�*�6'S8"Yif, AL OW SM MST i -INE, A MSTAt M OP 498,$3 P"T TO THE NORTR LINE OF SAJD LANE?Sr THENCE SSS'52'�WE;, AL.ONr> SAID NORTH LINE, A DISI ANM OP' 2N38,17 TKNCE b00*40'00T., A MTAME or 174,94 RET TO THE SOUTH LINE OF THE CANAVER4 PORT AUTHORITY, T{• ENCLr wIT" AND ALONG SNO LAWS THE FOLLOWHgG TfNWX WOES;} THENCE' NRV 54'O E, A 016;JANICE OF 02.88 Fl? T; TMENCE N23* C "26" !r. A ©N�T'AN Ct OF 545-63 FEET, THENCE DEPARTING �SANO 3«: S I+�90'00*00"E. R DISTANCE OF 2M69 +tJET: Tt•I5NCE No()" 00100',g..A Dp5TANC>x OF 2. x, lTfi to T'IN AVOR SAID SOLITR LINE �OF TfJE CAWMAL PORT #W:itp#TITY: TMEttGE S A S'�E$°E, A} DISTANCE OF 29;79 FEET TO THE POINT'• -01 $EGit�31�1G. CON3TAINM X1.712 ACRtS. MORE OR LESS RNrV -8E1NG SU CT To ANN EASEMENTS AND/OR RIGHTS-OF-WAY OF III 0090. PARCEL B A PARCEL, OF r k,0 LYII'fD IN' SECTle-W I43, TOWNSW 24 SOI)T4, PA,Ni;E 57 EAST. TAt.tMASSM BASE MEh1i ANr DREVARD CAL7I`NTY, FLORIDA AiVQ KING PARTICULARLY %St"Eo AS fOLLCWS. 'COMMENCE AT TH9 NORT'MMI CORNER OF SAO SECTION 1** IA DEPARTMENT OF IgATLRA , RESOURCES CERTiF`NEO SECTION CORNER, DOCUMENT N.O. 001877Wi. 4-10-$43TWNCl SN:I0'47'15"E,ALONG Tiir EAST -LwE Or SAIDSE-CTION 15, A DISTANCE _iffi 5%.00 Ff:ET TO TME POINT -OF- GlNWG,,Tij NCE 1449' 55'413" Vit, ALON O THE SOUTH I)A OV T'FIE Ci4NAVVAL PORT AUTHORRY A DISTANCE OF 191M FEET+ THENCE SOW 1549-5, A DISTMC.E OF 5131.25 FEET; ., IW -NC& S451 OWOO"E, A DISTANCE OF1I6 7 OEET;TiL"CEw.A i4lry1N4- (+ 11,86 }i3rCYJY� �J-7C"�� lh'L4rAC3ryh.iT `EEy iiOO T1iENCE $450 WWI, A. bNST'A;vCI~ by 13,04 PUT? TMWI � $4b,,j0.t), 3Q"itt',A DISTANCE OF 44,44 FEET. THENCE SQiI+13'4$"E, A L�ISTAIxiC>~ til 1I}7.27 i k'I:T T.0 THE NORTH LIN�EE OF 7HE LADS 08SCRt Ea IN DEED BOOK :325. RAGE 3TI; THEME S$9' 524-4"E, ALONO SAID LNC, A DISTANCE OF 201.52 FEET TO TK AFORCsA o FAST L'NE OF $ CTION 15; THENCE N00' 4735"W, ALONG SAID LINE, A D19TAN CE OF 535,49 FEET TO 7MF PAIN-f.0,,F-gE{,YNNSt1NG. I N AIN!lIt1G 4.212 A"E $-MORE OR LESS MD OF-iNG S.WJECT TO ANIS EASE E� 4%N010 PICT'S -OF -WAY OF ReCOiT£3. Prepared by and Return to: Katherine W. Latorre, Esq. Cape Canaveral Assistant City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 Parcel ID Nos.: 24-37-15-00-00002.0-0000.00 24-37-15-00-00031.0-0000.00 SECOND AMENDMENT TO BINDING DEVELOPMENT AGREEMENT This SECOND AMENDMENT TO BINDING DEVELOPMENT AGREEMENT ("Second Amendment" ), is made and entered into this day of , 2010 by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation authorized to conduct business in Florida, whose address is 2710 Wycliff Road, Raleigh, North Carolina 27607-3033 ("Owner"). WITNESSETH: WHEREAS, Owner is the fee simple owner of the real property ("Property") subject to this Second Amendment by virtue ofthe Special Warranty Deed recorded at Brevard County Official Record Book ("ORB") 6122, Page 73; and WHEREAS, the Property is subject to the terms of that Binding Development Agreement with the City dated March 30, 2006, and recorded at ORB 5643, Page 6676, as amended by that Amendment to Binding Development Agreement dated December 22, 2008 and recorded at ORB 5904, 7183 (collectively referred to "Agreement"); and WHEREAS, the Agreement provides for specific onsite and off-site regulations related to the transportation of aggregates; and WHEREAS, the Agreement includes a unity of title provision, which prohibits Owner from conveying any interest in the Property which would cause loss of unity of ownership or title without first obtaining the written consent of the City; and WHEREAS, Owner desires to convey title to a portion of the Property and has submitted a Iot split application to the City pursuant to section 98-66 of the City Code; and WHEREAS, City and Owner desire to amend the Agreement to authorize Owner to convey title to a portion of the Property; and SECOND AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral I Martin Marietta Materials, Inc. I of 3 NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the sufficiency of which are acknowledged by the parties, the parties agree to amend the Agreement as follows: Section 1. Recitals. The foregoing recitals are hereby deemed to be true and correct and are fully incorporated herein by this reference. Section 2. Amendment to Agreement. Owner shall be permitted to convey title or interest to that portion of the Property legally described in Exhibit "A," attached hereto and fully incorporated herein by this reference. The remainder of the Property subject to the Agreement shall remain unified in title and ownership for development purposes consistent with the requirements of the Agreement. Section 3. Remaining Terms _& Conditions. All other terms and conditions of the Agreement not expressly modified herein shall remain in full force and effect and the Property, including any portion conveyed pursuant to the authority granted herein, shall continue to be bound by same. Section 4. Recordation. Upon approval and full execution of this Second Amendment by all parties hereto, the City Cleric shall record same in the Public Records of Brevard County, Florida. Section 5. Effective Date. This Amendment shall become effective immediately upon execution by all parties hereto and upon the City Council's adoption of Resolution 20I0-_, approving Owner's application for a lot split. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment on the date first above written. CITY OF CAPE CANAVERAL: Rocky Randels, Mayor ATTEST: Angela Apperson, City Cleric Approved as to legal form and sufficiency: Anthony A. Garganese, City Attorney SECOND AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Martin Marietta Materials, Inc. 2 of 3 MARTIN MARIETTAMATERIALS, INC.: By: Title: Print Name: WITNESSES: Print Name: Print Name: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2010, by as of Martin Marietta Materials, Inc., a North Carolina corporation, j ] who is personally known to me or [ j produced as identification. Notary Public — State of Print Name My Commission Expires SECOND AMENDMENT TO BINDING DEVELOPMENT AGREEMENT City of Cape Canaveral / Martin Marietta Materials, Inc. 3 of 3 A PARCEL OF LAND LYNG IN SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE, MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS= COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 15 IA DEPARTMENT OF NATURAL RESOURCES CERTIFIED SECTION CORNER, DOCUMENT NO. 00187707. 4-10-84), THENCE SOO" 47135"E, ALONG THE EAST LINE OF SAID SECTION 15, A DISTANCE OF 559.00 FEET TO THE POINT-OF-eEGmwi;; THENCE N89' 55`48"W, ALONG THE SOUTH LINE OF THE CANAVERAL PORT AUTHORITY A DISTANCE OF 191.52 FEET; THENCE SOO-13'48"E. A DISTANCE OF 361.25 FEET; THENCE S450 00'00'E, A DISTANCE OF 11.67 FEET; THENCE S450 00100"W. A DISTANCE OF 11.80 FEET; THENCE 500.13'48"E, A DISTANCE OF 370.24 FEET; THENCE S45.00'00"E, A DISTANCE OF 13.64 FEET; THENCE 545.00'00"W.A DISTANCE OF 14.44 FEET; THENCE SOO.13'48"E, A DISTANCE OF 167.27 FEET TO THE NORTH LINE OF THE LANDS DESCRIBED IN DEED BOOK 328, PAGE 311; THENCE S890 52'44"E, ALONG SAID LINE, A DISTANCE OF 201.52 FEET TO THE AFORESAID EAST LINE OF SECTION 15; THENCE N00" 47'35"W. ALONG SAID LINE, A DISTANCE OF 935.49 FEET TO THE POINT -OF -BEGINNING. CONTAINING 4.212 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY EASEMENTS AND/OR RIGHTS-OF-WAY OF RECORD. EXHIBIT A City of Cape Canaveral Community Development Department CITY OF CAPE CANAVERAL Date: September 23, 2010 To: David Greene, City Manager Angela Apperson, City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Lot Split Martin Marietta Materials, Inc., 245 Challenger Road On September 22, 2010, the Planning and Zoning Board considered an application for a lot split of the Martin Marietta Materials properly, formerly Ambassador Services. Following review of the request, the Board unanimously recommended approval of the lot split to the City Council. Barry Brown, Planning & Development Director, advised the Board that the existing development agreement needed to be amended to recognize the lot split and a resolution would need to be prepared prior the the request being presented to City Council. Attachment #6 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaverat@cfl.mcom City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. 12— Subject: Ordinance No. 15-2010, adopting amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2009, and ending September 30, 2010; providing for an effective date. Department: Finance Summary: Amendments to the Fiscal Year 2009110 Budget have been made on a quarterly basis over the past year. The final Fourth Quarter Budget Transfers contain any end of year adjustments in addition to the adjustments made during the quarterly analysis. These amendments are identified in detail in the attached Fourth Quarter Budget Transfers document and must be approved by Ordinance. Requested Council Action: Request that the City Council adopt Ordinance 15-2010, adopting Amendments to the annual budget for Fiscal Year 2009110. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: IdIP/0 Attachments: 1. Ordinance No. 15-1020 2. City of Cape Canaveral Fourth Quarter Budget Transfers for FY 2009/2010 Submitting Department Head: Andrea Bowers Date: Approved by City Manager: David L. Greene o ` - Date: IO i �tfl City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 15-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30,2010; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2009, and ending September 30, 2010, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day November, 2010. Rocky Randels, Mayor ATTEST: FOR AGAINST Bob Hoog Angela Apperson, City Clerk Buzz Petsos APPROVED AS TO FORM: Anthony A. Garganese, City Attorney First Reading: 10/19/2010 Second Reading: 11/04/2010 Rocky Randels Roberts, Shannon Betty Walsh 3 Li 0 FM V J Q LLI r.L Q V W LL Ln z a oc W m oc F- OC a D cr z 0 0 0 N O 0 0 W 0 in N z W LL r" N O E Z c U N+' O O N "= O N U O N 7 (� CC6 C O Q C. com W 0 �O N C N+' 0'1+N.' a-.� �O O O C Q Q e - �' OC C. O O r © 4--O N N C N XO O ,_, f, O C M Q .� N L y_r C LL .E O ~ .0 C" CLQ 0CL y Q @ 1 E c j p D N N _0 c6 . a) � :3— (:% Q) E L -0 t� O a� E cn 'a C:N m '� O O U 0 WCU � �� o Q E C `J > U- V N q} C 4- Q N N rn c N E E a� �° N �' W Q N m (C � C ��Lp O = C- �o> (1) � (D¢ d 3 O O C (6 VN 7 U) [V O O C 0 0 +- U � W U i' a C N CE '0 Q +) O 7 U V O O +-• -a 'O C. 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L9 L9 L9 L9 Cfl CD CO W co co c0 co c0 c0 c0 co co co co M Co M Co M M M Co M Co M LO 1? LO Lp 19 L9 19 L9 LA L9 L9 Cl% aD OD Cp C:p W co co co co co r r r r r r r r r r T C7 Q C7 C7 O O 9 O O O O mm m m M M m M M M M O O O O O O C' Q O C7 O lq:r It 'cl- lqr Mr Nr Mr "T Mr 'd' Icr li- u City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. 13 Subject: Ordinance No. 16-2010, Amending Chapter 74, Traffic and Vehicles, of the Cape Canaveral Code of Ordinances to expressly prohibit the stopping, standing or parking of vehicles on any portion of a right-of-way, whether improved or unimproved; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an effective date. rtment: Administrative Summary: With the installation of the new pedestrian facility and sidewalks along Ridgewood Avenue the number of complaints related to vehicles parking on these facilities has increased. At the direction of the City Council, an Ordinance was drafted by the City Attorney's office to expressly prohibit the stopping, standing or parking of any vehicle within the right-of-way. A meeting was held to discuss the draft Ordinance. The following table indicates the items discussed and the corresponding result: Item Result Ordinance will force people to change their Compelling compliance is likely to behavior and current parking practices. produce some negative sentiment. It is There may be properties having adequate expected that compliance will be parking available if the garage is used, but obtained over time with a few isolated said garage is being used for storage. recurring issues. The need for an educational campaign Would be started immediately by the Canaveral Precinct. Statistics related to the educational campaign are attached. The need to accommodate properties A second paragraph was added to the where parking was approved in the right -of- Ordinance to address legally non - way as a part of the original site plan and conforming properties. there is no available space to relocate the parking facilities. These areas are deemed legally non -conforming. Beach -end parking is in the right-of-way. A second paragraph was added to the Ordinance to address beach -end streets. Private Streets Private streets would not be affected by this Ordinance, as the City has no enforcement powers at these locations. The need for signage There is no requirement to post signage Continuation of Ordinance No. 162010 Requested Council Action: Approve Ordinance 16-2010 on first reading. Financial Impact: Cost of preparation, advertisement and inclusion in the Code of Ordinances. Although compliance is our goal, one can expect some tickets to be issued which would produce revenue. Reviewed by City Treasurer: Andrea Bowers Date: 1041 /O Attachments: 1. Ordinance No. 16-2010 2. Statistics from educational campaign Submitting Department Head: Angela M. Apperson Date: 1016110 Approved by City Manager: David L. Greene p Date: lots 1!0 City Council Action: j ] Approved as Recommended [ ] Disapproved j ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 74, TRAFFIC AND VEHICLES, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO EXPRESSLY PROHIBIT THE STOPPING, STANDING OR PARKING OF VEHICLES ON ANY PORTION OF A RIGHT-OF-WAY, WHETHER IMPROVED OR UNIMPROVED; 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 City Council believes it is in the best interests of the safety, health, and welfare of the citizens of the City of Cape Canaveral to maintain its rights-of-way and sidewalks, whether improved or unimproved, clear of parked or stopped vehicles; and WHEREAS, prohibiting the stopping or parking ofvehicles in the rights-of-way is necessary for purposes of ensuring adequate vehicular access for police and fire protection, enhancing the visual appearance of neighborhoods, and reducing traffic congestion and on -street accidents; and WHEREAS, the City Council believes that keeping its rights-of-way and sidewalks free from parked or stopped vehicles will facilitate the safe travel of vehicles, pedestrians, bicyclists and joggers; 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 Canaveral. Section 2. Code Amendment. Chapter 74, Traffic and Vehicles, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 74. It is intended that the text in Chapter 74 denoted City of Cape Canaveral Ordinance No. _-20I0 Page 1 of 3 by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 74. TRAFFIC AND VEHICLES ARTICLE III. STOPPING, STANDING, PARKING tic* Sec. 74-56.5. Stopping, standing or parking in right-of-ways prohibited. In addition to any prohibition imposed by state law, no person shall stop, standar park a vehicle on any portion of a right-of-way, improved or unimproved, including on a sidewalk or on the paved portion and any shoulder or berm, except when necessary to avoid conflict with other traffic, or to comply with law, the directions of a police officer or official traffic device. The term "sidewalk" shall be as defined in section 316.003, Florida Statutes, and shall include any portion of a sidewalk that traverses a driveway. This section shall not be construed to prohibit the parking of vehicles on beach -end streets where expressly authorized by the City Code, nor shall it be construed to prohibit parking on designated parking areas located in rights-of-way which are legally nonconforming as of reffective date], 2010. x�x 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 City of Cape Canaveral Ordinance No. __-2010 Page 2 of 3 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 , 2010. ATTEST: ANGELA APPERSON, 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 Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. _-2010 Page 3 of 3 Against r� N N N T N M NOd V'cFtirN ❑ L!) 00 Iti 1�- f-- qCT I,- Q7 Y_ CD N ca f� f� (b [ti fS3 fSS o� �iLlLaa a o �cnu) cgc)cncn o c c c c c c c c �.x.x0-a-xx-Z5 0 0 o o o o c`v J4 aazzCLCLaa T T In Lc) l!) 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Department: Community Development Summary: Mayor Randels requested a discussion item related to resort dwellings and resort condominiums in the City in response to e-mails he received from an owner of a resort dwelling (Ms. Marine). Ms. Marine asserts there is a potential tourism and economic benefit that could be derived from amending or repealing the Ordinance which regulates resort dwellings and resort condominiums. Included is a Staff report which addresses the current status and the possible expansion of the use in terms of the Visioning. Requested Council Action: Discussion and direction to Staff. Financial Impact: Should the Ordinance be modified to allow additional units, the City would receive application fees, permit fees, and annual inspection fees. Brevard County would receive all properly submitted resort taxes. Long-term economic impact is difficult to predict. Property values could be affected. Reviewed by City Treasurer: Andrea Bowers Date: Attachments: 9125110, 9126110, and 9129110 e-mails from Ms. Marine to Mayor Randels 8127110 e-mail from Mr. Bowers to Councilmember Walsh City Attorney's correspondence Staff memo Submitting Department Head: Todd Morley and Barry Brown Date: 1016110 Approved by City Manager: David L. Greene 0 `1Date: ) n lit � ' City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain From: --Andrea Marine-- [mailto:] Sent: Saturday, September 25, 2010 12;59 AM To: Rocky Randels Subject: Resort Licensure Mayor Randels: I am writing to you as one of our elected officials, one who is to represent and speak for the citizens and property owners of Cape Canaveral. A few years ago, the City opened up a very short window, if you will, to allow individuals who own rental properties the opportunity to apply for a "resort" license. When speaking with the Code Office at that time, and procuring my own resort licensure, I was told that approximately 100 people applied for such licensure. I am uncertain as to how many of those people actually followed through with the requirements needed to acquire and maintain the license. And, if memory serves me, the window was for a brief period in the summer of 2007 -- a full three years ago. I am sure in that lengthy time frame that many properties have been sold, changed hands, etc. - even in a slow housing market. Since there have been such changes, I am curious as to when the window will once again open up so that other individuals may apply for and acquire the resort licenses. Cape Canaveral is a lovely city - a city to where my husband and I plan to retire some day. When visiting there, I see some properties vacant, others with for sale signs in the yard, and, even more distressing, still others that have gone to foreclosure. Drive down Buchanan Avenue, in the 100 block, and see for sale signs of previously inhabited properties. Or, on that same street, in the same block, look at the run-down "long term rentals" (these are considered legal, yet they are shabby and unkempt) that do absolutely nothing for the overall presentation of the City. And that is just one street. Or look at the still vacant tri-plex built at the end of Washington, that are still offered for sale by Ron Wallen. And then there's the building at the corner of Orange and Lincoln, owned by David Welch - still sitting empty. I am sure both of those properties have licenses, but even they aren't selling. I know that you and the City Council members want to see the community progress, especially with the down -sizing of the Kennedy Space Center and NASA programs. With employment cuts at KSCINASA, and the closing of Sterling Casino and Sun Cruz (and the short-lived Las Vegas Casino), it would appear to be in the City's best interest to capitalize on the tourism industry - even more than is already being done. As you well know, one of the Council members, Mr. Robert Hoog, electrician, relies on the housing market. Only four years ago, there was a boort in new construction in Cape Canaveral. This, of course, has dramatically changed. With the beach, the theme parks, and KSC (limited) the only major things to attract tourism, I cannot understand why tourism is not premier, and the "resort" window doesn't get opened up for a limited time -- to accommodate those who did not know about the 2007 window or who have since purchased property that they wish to rent. I have read the Ordinance prepared by the City, and understand it's passage at that time. I also know that times have changed since 2007. Yes, property values have decreased -- that is one of the "signs of the times." But it won't stay that way forever! Fust like the ordinance that was passed. I'm certain it seemed like the right thing to do at that time, but a lot has changed. It doesn't have to stay that way forever! I feel the City officials, working in the best interest of the property owners and City as a whole, should consider re -opening the "resort" window. I believe this exact topic was brought up at one of the recent "Meet and Greet" meetings. That shows to me that there are others, besides myself, who are concerned about the situation, and believe changes must be made in the ordinance. Progress must be made in the area of tourism, or all will be lost in the City. And, as dramatic as that may sound, it will become a truth if the City Council does not: banish the ordinance, amend the ordinance, or, at the very least, allow for the window to be open for a very limited amount of time (with notification to the public). As the "voice of the people," I should think that, not only will you share this concern with the City Council members, but hope you will act on it positively in the near future. Thank you for your time and your consideration in this matter. Andrea Marine Property Owner Cape Canaveral, FL From: --Andrea Marine— [mailto:andreamarine@yahoo.com] Sent: Sunday, September 26, 2010 4:52 PM To: Rocky Randels Subject: Resort Licensure Mayor Randels: Thank you so much for your quick response! I really appreciate you taking the time to get back with me, especially in such a timely manner! When we were acquiring our own licensure (and working with Todd Morley... what a jewel!), we, too, had to make the necessary accommodations to fulfill the required obligations, i.e., lighted exits, industrial fire extinguishers, etc. It did take some time, and some expenditures, but all of those requirements were easily made and only make our home safer for our tenants, as well as ourselves. Your comment that there apparently were only a few who bothered to meet the expected requirements, and follow through with the process, brings another thought to me about this entire situation. If only a "handful" of those that applied actually were diligent enough to complete the process and get a license, then it would appear to me that there are "licenses left over" that could be "opened up" to some who would wish to pursue acquiring the resort licensure. Doing so would once again provide an opportunity for some individuals to apply for licensure and actually acquire a license, while at the'same time, keep the ordinance (as it is written) intact. In essence, that would be a win/win resolve to this situation! The notice could be made that the "window" was once again open, with only "X" amount of licenses available, for whatever time period Council would prefer (a 30 day window might be considered). The ordinance has not been breached, but an opportunity to see some progress could be made by those individuals wishing to get the licensure. I am intrigued by this possibility, and am glad you mentioned the limited licenses that were actually acquired. I really would like to see some positive action taken on this matter by Council, and hope that they, and you, are willing to provide a window (however limited that may be) to just allow individuals to pursue the licensure. Of course, if there aren't any applications, then you and Council would at least be able to say you tried! Tourism must be capitalized upon to help the City and the surrounding area, any any plan, Iarge or even small such as this, will be of benefit! Thank you again for your response, and I look forward to hearing from you! Andrea Marine From: —Andrea Marine---- [andreamarine@yahoo.com] Sent: Wednesday, September 29, 2010 10:05 PM To: Rocky Randels Cc: David Greene; Angela Apperson; Todd Morley Subject: Resort Licensure, etc. Mayor Randels: I had the distinct pleasure of talking with Mr. David Greene yesterday! We had a very pleasant conversation about resort licensures and bringing revenue into the City. Here are a few of the many points that I discussed with him, and, might I add -- he agreed with me wholeheartedly on each topic. 1. Those of us who are making retirement plans and own vacation/2nd homes typically are well-educated, with disposable income in which to put back into the City. Those individuals, including my husband Joe and I, want to be able to retire somewhere (our choice is Cape Canaveral) that is a well-maintained, safe, progressive city. 2. Vacation home rentals, by their very nature, must be maintained to the highest degree to attract guests - which insures a greater degree of beautification for the city. The yards are kept clean and mowed, the houses are kept painted and in good repair, trees/hedges/bushes are trimmed, etc. As David eluded to, long-term/full-time rental properties are not under the microscope, if you will, and oftentimes fall prey to disrepair. (David did not think there were any licenses/etc. for those properties, but said he would investigate the matter.) Since there is likely no type of license required for those long- term rentals, a home may be rented to anyone for a long period of time. It doesn't appear to be a sensible system to limit "resort" home owners and their ability to rent without some type of standard for long-term rental properties. 3. Individuals who own vacation type of properties, and who rent or wish to rent, have brought money into the community by the very purchase of their properties. Those could/might be homes that would be on the market for sale or in foreclosure .... something that is certainly not needed. 4. Vacation/resort properties are not in competition with the hotels in the area. Some, of course, would disagree with that statement. But think about it ... hotels typically do "nightly" rentals, while resort properties cater to weekly/monthly rentals. I can say from my own experience, I would not even consider renting a hotel room for a month! First of all, it would be an exhorbitant amount of money, and, one tiny room with a bath would be claustrophobic! Resort properties have their niche, while hotels have theirs. 5. Vacation rentals properties employ many permanent Cape Canaveral residents that put their own salaries directly back into the City. Yard service, housekeepers, handy/repair men, electricians, plumbers, HVAC individuals, home inspectors, etc., receive their income from vacation property owners that benefit the local businesses and the local economy. 6. Reopening the resort licensure window would bring larger numbers of visitors to the area and would benefit local restaurants, grocery stores, convenience stores, surf shops, churches, etc. Most of those businesses cater to short-term visitors and tourists. This would also increase state and local tax revenue ... by non-residents... due to the sales they make at those locations. 7. Allowing those interested individuals who wish to apply and obtain a "resort" license will open doors for greater regulation of vacation rentals. Renters/visitors would feel much more comfortable knowing that the property they are renting/staying in is safe and has been inspected and is current to code .... a better peace of mind for those visiting the City. 8. Permitting more vacation homes the opportunity to be licensed would benefit the tourist industry in Cape Canaveral through the increased sales of tourist -related items such as beach towels, beach toys, tee-shirts, jewelry, etc. and add to the collection of state and local taxes. 9. When we applied for our license three years ago, and worked with Todd Morley, the application fee was a mere $100. Opening up the window for others to apply would generate additional income as well. And, just because the fee then was $100, it doesn't have to be that same amount now. Consideration could be given to a fee of $250-$500. That would mean those individuals seriously wishing to become resort -licensed would have to "step up" and pay a higher amount. 10. Of those who would apply, many will need to have their homes set to meet code...just as we did. Again, such requirements would bring money into the area - emergency lighting and fire extinguishers would need to be installed, egresses would need to be modified, etc. As I told David on the phone, I will not be in Cape Canaveral for the October 19, 2010, Council meeting. However, my husband, roe, will be in attendance that evening. i will be joining him on Friday, October 22, and will be more than happy to meet with you or David at that time. I'm sure you can see that I am very passionate about this and hope that Council will look to the future and re -open the licensure window -- if only for a short period of time, once per year, every other year, etc. As you know, things have changed quite a bit since 2007, and the City must look to be dynamic rather than static. Thank you for thinking of me re: Business and Culture Development. Not being there "full time," (YET!) it would have to be a long-distance task for me .... but one I would be up for!! Please keep in touch. It has been rewarding knowing you and others are leading the City. Andrea Marine From: Isaac Bowers [isaacb5@yahoo.com] Sent: Friday, August 27, 2010 9:43 AM To: walsh-cape@cfl.rr.com Subject: Canaveral Licensing Hi Mrs. Walsh, I am writing to ask for your opinion and guidance. I have a single- family home in Cape Canaveral and would like to obtain a license to use the home as a vacation rental when the house is vacant for a few months in the summer and around Christmas when I am out of town visiting family or on extended vacation. I inquired about licensing but was told by the city that was not possible... that the window for doing that closed just 2-3 years ago. My home is a very nice place close to the beach. I find this a little ironic considering the poor econony and how tourists could bring large amounts of money into our community through condo or home rentals, groceries, restaurants, staying before or after cruises, etc. Being licensed, I would also be responsible for, and happy to, pay the required fees & tax dollars back to the community, county, and state ... a funding source for much needed tax money. It would also allow oversight of the licensed properties through code enforcement and further investment in our community. It may also open an avenue for some of the many homes for sale & foreclosed on in our town to be purchased & remodeled to make our community more attractive. I am asking if the council could consider reopening the window ... maybe long term or at least for a short time to allow condo units & single- family dwellings to apply for the necessary license for short term vacation rentals? Not only could this benefit the community in several ways as I have already mentioned, it may save some from losing their homes to foreclosure because of a possible source of income. Please consider my thoughts and let me know what you think can be done. I am approaching you due to your considerable experience with condominiums and your knowledge of how this licensing could be a benefit to the citizens of the community, the city, the county, and the state. Thank you for taking time out of your busy schedule to consider my idea/request and I look forward to hearing from you! BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Attarneys at Lain October S, 2010 Honorable Mayor Randels and City Council Members c/o David Greene, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Resort Dwellings Dear Mayor Randels and City Council Members: Katherine W. Latorre Board Certified My, County & Local Government Law klatorrcgo.daudola w.nee At the request of staff, we are providing some general comments in response to the City Council discussion item related to resort dwellings scheduled for consideration during the October 19, 2010 City Council meeting. It is our understanding that a few local property owners recently requested that the "window" be reopened for resort dwellings and condominiums to be permitted as legally nonconforming in the City's residential zones. While our comments will not touch on the policy decision with which the City Council is faced, we want you to be aware of certain legal issues in order to assist the Council in making a well-informed decision. Lefislatiye Intent of 2007 Resort Dwellings Ordinance Reopening the window to permit or grandfather resort dwelling uses in the City's residential zones at this point may call into question the validity of the City's 2007 resort dwelling ordinance. In support of its adoption of the ordinance, the City Council made express legislative findings that limiting resort dwellings "serves a substantial government interest in preserving the character and integrity of residential neighborhoods." Further, the ordinance provides that its adoption was necessary "to protect Cape Canaveral from becoming an overwhelming transient type community." Reopening the City's residential dishicts to additional transient uses would be generally inconsistent with these findings. This potential inconsistency is significant because the Council's legislative intent behind the enactment of the ordinance would be scrutinized in the event of a legal challenge to the ordinance. In general, zoning ordinances must be upheld unless they bear no substantial relation to a legitimate government interest, or unless it can be clearly shown that the regulation is a mere arbitrary exercise of the )!municipality's police power. Dept of Community Affairs v. Moorman, 664 So. 2d 930, 933 (Fla. 1995). Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlandolaw.net •);mail: fjxm@orlandola-w.net October 8, 2010 Page 2 To allow additional transient uses atthis time may underminethe validity ofthe City's initial legislative intent behind enacting the resort dwelling ordinance in 2007. Further, any such action could be viewed as an arbitrary exercise of police power. Therefore, any decision by the City Council to reestablish an amnesty period welcoming more transient uses in the City's residential zones should be supported by sufficient and competent evidence. The evidence should reasonably support such a change in legislation and further a substantial government interest. Proliferation of Nonconforming Uses In theory, there should .not currently be any properties located in the City's residential zones operating as resort dwellings or condominiums unless they are legally nonconforming pursuant to the provisions of the 2007 ordinance. It is a general principle in zoning that nonconforming uses should be abolished or reduced to conformity as quickly as the fair interest of the parties will permit. See JPM Inv. Group, Inc. v. Brevard County Bd Of County Com'rs, 818 So. 2d 595, 598 (Fla. 5th DCA 2002). Instead of abolishing or reducing a nonconforming use, reopening the window would offer those individuals previously foreclosed from operating transient uses in residential zones a second bite at the apple, and in turn, would encourage additional nonconforming uses in the residential zones. This potential result would be incongruous to the City's 2007 legislation declaring transient uses in residential zones nonconforming, and inconsistent with general principles regarding the regulation of nonconforming uses. Conclusion In sum, granting an additional period of amnesty for existing illegal uses or permitting new resort dwellings in the residential zones not only chips away at the legitimacy ofthe City's legislative findings in 2007, but it also has the potential to encourage the proliferation of additional nonconforming uses inconsistent with general principles ofzoning. This could result in undermining the stated legitimate government interest expressed in the 2007 ordinance limiting transient uses to the City's commercial zones. In considering this issue, the City Council should closely analyze the potential benefits and pitfalls of reopening the window to allow transient uses in residential zones. Additionally, the City Council should ensure that any decision rendered be supported by testimony and evidence that is reasonable and fairly debatable. We look forward to discussing this issue with you during the next meeting. Very truly yours, Kate Latorre Assistant City Attorney Cc: Anthony A. Garganese, City Attorney Ft. Lauderdale (954) 670-1979 • Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 Website: www.orlaudolaw.net • Email: firm@orlandolaw.net j� Memo Date: October 6, 2070 To: David Greene, City Manager From: Todd Morley, Building Official and Barry Brown, Planning and Development Director RE: Resort Dwelling status and analysis This memo is divided into two sections with the following elements addressed: Sectionl . Building and Code Enforcement, which addresses "where we are and how we got here", including: • Review of attainment requirements • Attainment statistics • Maintenance requirements • Current status, and • Code enforcement of Resort Dwellings and Resort Condominiums Section 2. Planning, which addresses the possible expansion of the use in terms of the Visioning. Section 1. Review of attainment requirements: • Application window opened on June 19, 2007 and closed July 19, 2007 (30 days). • "Must complete all requirements" window opened on the date the application was received and closed one year later. The ordinance provided for extensions beyond the one-year timeframe for good faith effort. • A $100.00 filing fee was paid at the time of filing the application. • Each applicant had one year to obtain a Certificate (Certificate of Non -Conforming Status). This required that the applicant: 1. Have building and fire code inspections, 2. Pull a permit, 3. Perform the requisite work, 4. Pass all necessary technical code inspections, 5. Obtain a license from DBPR, 6. Obtain a new Certificate of Occupancy for R1 (transient residential), and 7. Obtain a Certificate of Non -conforming Status. Attainment statistics: Compiled from the updated Master Resort Condominium/Resort Dwelling Spreadsheet Note: (these statistics address only Resort Dwellings. Resort Condominiums and units not -yet -built are not addressed in this section) • Resort Dwelling applicants: 48. • Certificates of Non -conforming Status issued: 20 • Resort Dwelling applicants who failed to obtain a Certificate of Non -conforming Status: 28 • Reasons why applicants failed to obtain a Certificate: o Withdrawn before initial inspection: 2. o Permit was required, but never applied for: 17. o Permit was obtained, but failed to achieve approved final inspection: 3. o RI C.O. was issued but never obtained Certificate of Non -conforming Status: 6 Maintenance requirements: 1. Must not abandon the use. a. Abandonment is a period of 2 years for dwelling units (see Sec. 110-197). By policy, this is tied to lack of a BTR. Proof of abandonment can be demonstrated if there was a 2 year period of time after the date the Certificate of Non -conforming Status was issued where there was no BTR. 2. Must maintain State Licensure. 3. Must not repeatedly violate technical codes. • Number who have not maintained minimum requirements: 8. Current status: Certificates of Non -conforming Status issued for Resort Dwellings: 20. Number who have not maintained minimum requirements: 8. Total number of Resort Dwellings currently operating legally: 12. Total number of Resort Condominiums currently operating legally: 58 (56 units at Cape Caribe Oceanfront and two units at Beach CIub Condominiums). Resort Dwelling units approved for use which have are not -yet -constructed: 4 Resort Condominium units approved for use which have are not -yet -constructed: 335 Resort Dwellings and Resort Condominiums compete with local hotels which target extended stays (Cape Caribe and Residence Inn). A survey was conducted October 6-8, 2010. The percentage of guests whose stay is 7 days or greater: Cape Caribe: 50% Residence Inn: 60% Country Inn: 5% Radisson: 3% Code enforcement of Resort Dwellings and Resort Condominiums: • Warning citations issued: approximately 30-40. • Citations issued: approximately 10-15. • Current complaints pending: 28. • Complaints processed: approximately 35-45. • Processing time per complaint: Depending on the amount of research approximately 1 to 4 hours. • Summary characterization of Resort Dwelling/Resort Condo Code Enforcement: o Time consuming. o Mixed results (violators often find another venue to advertise). o Internet advertisement is the most practical and successful way to prove a violation. However, research is time consuming because the advertisement frequently does not include an address or property owner. o Research does not always result in conclusive evidence. o Our civil citation program requires filing with the Brevard County Court system. However, collection enforcement is not supported by the Brevard County Court. Consequently, code enforcement would write citations which were meaningless. Recently, we have engaged the services of a collection agency. This helps. o State licenses, continue to be issued by DBPR without city approval. This creates more violators. Section 2. Planning summary In 2009 the citizens of Cape Canaveral participated in a series of workshops during which they collectively developed a vision for the City's future. The Vision Statement is the narrative description of the citizens' desire for the future of the community. The document does not include the words tourist or tourism, however it does describe a community that: "has a business -friendly atmosphere", "embraces the beach and riverside as the main amenities", and "supports businesses that enhance economic viability and serve our residents and visitors". The Visioning Report called for an economic development opportunity assessment that was realized by the preparation of the Economic Development Action Plan (EDAP) in February of this year. One of the action items in the plan is to market the community as a tourist destination. Expansion of the resort dwelling status would support the Vision Statement and the EDAP. Also, in our current economy, home values are declining and many are trapped in homes they cannot sell. Some own second homes they can no longer afford without rental revenues. The expansion of the resort dwelling status may allow some to relocate to other areas for employment or allow others to make mortgage payments and forestall foreclosure. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/19/2010 Item No. IS Subject: Revising City Code Chapter 54, Article I (Parks and Recreation) to enable Beach Vending Franchises Department: Administration Summary: At the 8117110 City Council Meeting, David Patty appeared requesting that City Council permit beach vending. Consensus was reached to have Staff and the City Attorney further study the beach vending issue, provide a recommendation on how to allow beach or mobile vending within the City limits in some limited fashion and report back at a future meeting. At the 9121110 City Council Meeting Ordinance No. 14-2010 was considered on first reading. Minutes of this meeting are attached. City Council consensus was reached for Staff to draft referendum language for Council's consideration at a future meeting. At the 1015110 City Council Meeting, residents expressed concern about sending this item to the voters. The item received further discussion under Council Comments. Consensus was reached to place the item on the next meeting for further discussion of the Ordinance and the overall issue of beach vending. The Ordinance as originally drafted is presented for discussion. Requested Council Action: Discuss and provide direction to Staff. Financial Impact: Depends upon direction provided Reviewed by City Treasurer: Andrea Bowers A Date: 10/12/10 Attachments: Page 4 from the 9121110 Council Meet1n6 Minutes Ordinance No. 14-2010 Submitting Department Head: Angela M. Apperson Date: 10/12/10 Approved by City Manager: David L. Greene D V� Date: 10/12/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2010 Page 4 of 5 ORDINANCE: First Public Hearing: 6. Motion to Approve: Ordinance No. 14-2010 Amending Chapter 54 Parks and Recreation, of the Code of Ordinances; Authorizing the City Council to Award Franchises for Commercial Vending Activities on the City's Beaches by Competitive Bid Pursuant to Certain Requirements and Restrictions; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an Effective Date, at First Reading: Attorney Garganese read the title of the Ordinance into the record. He reviewed the requirements of the Ordinance. The discussion included the merits of the Ordinance; the current beach vending operations; restricting vending operations to Cherie Down Park; limiting the total number of franchises available; the need for a workshop to further discuss/study this proposal; the need to limit the number of mobile carts each vendor can have; the desire to also allow the ice cream truck. During the discussion, Council Members expressed receiving many phone calls objecting to allowing commercial operations on the beach. Mr. Al Vicidomini questioned how vendors would get from the street to the beach; whether there would be trailers left on the beach overnight and urged for mobile food/beverage vending, but discouraged vending of chairs/umbrellas. Mr. Jim Huston spoke against the Ordinance, as presented. He did support the mobile food/beverage vending. Mr. Michael Britt expressed his concerns of public safety for the food/beverage vending; he felt there should be a feasibility study and was also concerned about the clean up of beach and the associated cost. Mr. Bill Mahoney urged for the continued solitude that is enjoyed currently on the beach and urged for a ballot item to obtain the input from the voters of the city. Mr. Sean Johnson expressed his feelings that there is money to be made on the beach; the issues for most residents were peace and quiet and property values. He felt the commercial activities would help raise the property values and this type of activity would also be good for non-profit organizations. He also urged for at least two franchises for the same type of vendor. Mrs. Rhonda Anderson expressed her feelings that the current vendor does not disturb the peace and quiet of the beach. She felt the current vendor collects trash and stated the current vendor has a state license which also requires an inspection for compliance with health/safety standards. Council discussion continued and included: having two franchises for food/beverage with limiting them to only one cart; whether or not franchise fees would be charged; whether or not a workshop would be needed to further discuss this Ordinance; whether or not this should be placed on a ballot for the voting of City residents; whether these activities are best confined to Cherie Down Park. Consensus was reached for Staff to draft referendum language for Council's consideration at a future meeting. REPORTS! 7. Council: Council Member Roberts: • Asked about an action tracking system a part of the weekly report. Council Members responded the items are ORDINANCE NO. 142010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54, PARKS AND RECREATION, OF THE CODE OF ORDINANCES; AUTHORIZING THE CITY COUNCIL TO AWARD FRANCHISES FOR COMMERCIAL VENDING ACTIVITIES ON THE CITY'S BEACHES BY COMPETITIVE BID PURSUANT TO CERTAIN REQUIREMENTS AND RESTRICTIONS; 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, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter provided that the use of the ocean beach for public recreational purposes was paramount to its use for any other purpose; see Ch. 63-1197, Article Il, § 1(9), Laws of Fla; and WHEREAS, consistent with this Charter provision, the City has traditionally restricted any commercial activities from occurring on its beaches; and WHEREAS, the City desires to permit limited commercial vending activities on its beaches in an effort to enhance and improve the experience of beach -goers; and WHEREAS, the safety, welfare and convenience of the persons that reside near the beaches of the City of Cape Canaveral and of the public that recreate on the beach are of the utmost importance to the City and to the City Council; and WHEREAS, it is the intent of this Ordinance to allow limited commercial vending activities on City beaches provided such activities do not adversely effect the safety, welfare and convenience of persons that reside near beaches and of the public that recreate on the beach; and WHEREAS, the City Council desires to permit commercial beach vending activities by franchise agreement pursuant to the conditions and Iimitations set forth herein; 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 City of Cape Canaveral Ordinance No. 14-201C Page 1 of 6 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 Canaveral. Section 2. Code Amendment. Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 54. PARKS AND RECREATION ARTICLE 1. IN GENERAL Sec. 54-4. Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising programs or property of any kind or character in the following locations in the city: 1. All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots, except as authorized by franchise agreement pursuant to section 54-5, herein. 2. All public parking lots and facilities for beach or park access, including dune crossovers. All publicly owned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. Sec. 54-5. Commercial Beach Vendor Franchises. Reserved: (a) AuthoriV. The City Council may enter into franchise agreements granting the right, privilege and franchise to use the sand beach areas within the City's jurisdictional boundaries to solicit canvass or merchandise for the sale of food and non-alcoholic beverages and for beach -side rentals such as chairs umbrellas and cabanas. Said franchise agreements shall City of Cape Canaveral Ordinance No. 14-2010 Page 2 of 6 be for the purpose of a particular person or entity operating a commercial beach vending business in the City in conformity with, and subject to, all provisions, terms and conditions of this section. A person's or entity's right to use the City's beaches for the franchise purposes state_ d herein shall not be exclusive and the City reserves the right to grant the use of its beaches to any person at any time during the period of any franchise awarded pursuant to this article. b Award o ranchise. All franchises granted hereunder shall be awarded by the City Council through the submission and consideration of competitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of three (3) years and no more than two Q franchises shall be in effect at any given time for each category of beach vendor established by the City Council during the competitive bid process. In considering any bids submitted for a franchise under this section the City Council shall consider the following criteria in addition to any criteria included in the bids ecifications: 1 The effects the proposed franchise would have on thepublic's use and enjoyment of the City's beaches; (2) The effects the proposed franchise would have on public safely; 3 The performance historry of the proposcd franchisee if an (4) The environmental impacts of proposed franchise activities; 5 Public input; 6 The ability of the bidder to comply with the minimum requirements of franchises under subsection (d); (7) The prices offered for the sale of food, beverages, and other merchandise; and (S) Any other criteria deemed relevant by the City Council. (c) Franchise fee. The City Council may impose a franchise fee upon any person or entity that enters into a franchise agreement with the City pursuant to this section. d Minimum requirements o ranchisees. 1 If the franchisee is a corporation or other entity, it shall provide documentation that it is duly registered to conduct business in the State of Florida. (2) Franchisee shall provide the City with a detailed description of the scope of its proposed beach vending operation, including,but not limited to a description of the food, beverages and merchandise to be sold or rented; number and description of City of Cape Canaveral Ordinance No. 14-2010 Page 3 of 6 carts or other apparatus used to store or transport merchandise; name of each employee, and the proposed price of all merchandise. (3) The principal of anyfranchisee and all persons conducting beach vending activities on City beaches shall be subject to a background check. The City reserves the right to refuse to award a franchise or to terminate an existing franchise in the event aa principal or any person conducting beach vending activities on City beaches has been convicted of a felony within the past five (5) years. 4 Franchisees shall be required to furnish a fully paid commercial general liability damage and food and beverage liability insurance olic. Such insurance policy shall be procured by the franchisee from a company licensed to do business in the state. The policy must protect the city, its officers, agents, and attorneys from any and all claims or damages to property and or bodily injury which may result from or in connection with any of the operations carried on by franchisee, list the City as an additional named insured, and provide for a deductible deemed acceptable by the City Manager. The franchisee shall also provide proof of worker's compensation insurance at the limits provided by the Florida Statutes. 5) Franchisees shall, to the fullest extent permitted by law. indemnifv and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not Iimited to death), or liability including reasonable attorney's fees), which directly or indirectly arise out of, or result from any act or failure to act of franchisee which in any way is related to franchisee's activities or services under the franchise. (6) Prior to commencing vending activities under an awarded franchise, franchisee must obtain and maintain in good standing all food, beverage, business tax and other local and state licenses. ^ (7) _ _. Franchisee shall fully comply with all terms and conditions of any franchise agreement with the City. e) Manner and conduct ofbeach vendinjz. Beach vending authorized by franchise under this section shall only be authorized between the hours of 9:00 AM and dusk daily and shall be conducted in a manner that is consistent with the public's use of the beach as a passive and active recreational facility and with the public's expectation that activities and services provided on the beach will enhance one's enjoyment of their beach experience. As such, no person or entity operating under a commercial beach vendor franchise shall: (1) Solicit a person whose eyes are closed; (2) Touch a person without consent during a solicitation; City of Cape Canaveral Ordinance No. 14-2010 Page 4 of 6 (3) Continue a solicitation after receiving a negative response from the person solicited; (4) Impede the free movement of any person; or (5) Solicit using any loud sound, vociferous speech, boisterous conduct or profane or vulgar language. ^ (,appearance and identification requirements. Franchisees shall comply with the following requirements while engaging in commercial beach vending. O Franchisees must have a neat and clean appearance; (2) Shirts must have sleeves and a collar; 3) Shirts, sweatshirts, iackets and raingear must identifv the nature of the vending business in common everyday terminology in one -inch block letters in contrasting color on the front and back of the shirt above the elbow and the name of the business shall be printed on the front and back of the shirt in a form able to be read from ten 10 feet away. 4 The franchisee's picture identification card shall be visible at all times and worn on front of the shirt above the chest. _ (5) The cart or other vending apparatus must display the prices for all items offered for sale. (g) Location of commercial beach vending. Commercial beach vending shall be prohibited within the following areas: (1) Within conservation areas, dunes or other protected zones 2 Within beach arkin areas; (3) Within pedestrian beach approaches; or (4) Within 25 feet of any Iifeguard tower or facility. h Termination or suspension of ranchise. The City Council mgy terminate an franchise awarded under this section upon a finding that the franchisee has violated the provisions of this section or has defaulted under, or otherwise violated, the franchise agreement. - - -- Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior City of Cape Canaveral Ordinance No. I4-2010 Page 5 of 6 inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior 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 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 32010. ATTEST: ANGELA APPERSON, City CIerk 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 Hong Buzz Petsos Rocky Randels C. Shannon Roberts 13etty Walsh City of Cape Canaveral Ordinance No. 14-2010 Page 6 of 6