Loading...
HomeMy WebLinkAboutPacket 12-20-2011 RegularC,4LL TO OTIDER: CITY COUNCIL MEETING AVERAL LIBRARY MEETING ROOM Avenue, Cape Canaveral, Florida Tuesday Decern be r 20, 2011 7:00 PM QOX91300 Plaque presentation to Seaport Canaveral Corporation in recognition of their contribution of $38,187 to the City for the installation of variable frequency drive controllers at the Wastewater Treatment Plant. REPORTS: City Attorney Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 7:35 p.m. — 7.40 p.m. Approve Minutes for Regular City Council Meeting of November 15, 2011. 2. Approve the 2012 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule. 105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 Fax: (321) 868-1248 www.cityofeapecanaveral.org - email: info@cityofcal)ecanaveral.org City of Cape Canaveral, Florida City Council Meeting December 20, 2011 Page 2 of 3 3. Approve purchase of an emergency power stand-by generator from Tradewinds. Power Corporation at a cost of $37,828 for Lift Station #9 located on Banana River Boulevard. 4. Farmers Market Agreement. 5. Adopt Ordinance No. 12-2011; adopting amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds and Expendable Trust Fund's Budgets for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011; providing for an effective date. 6. Adopt Ordinance No. 13-2011; amending the code of ordinances to reorganize and streamline the City's development review process and to modify the composition and duties of certain city boards; amending Chapter 2, Administration, related to committees and commissions; amending Chapter 22 related to community development, amending Chapter 46, related to the Library Board-, amending Chapter 54, related to parks and recreation, amending Chapter 110, related to the Board of Adjustment and Planning and Zoning Board, and related to land use decisions and site plans; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. 7. Adopt Ordinance No. 15-2011; amending Article III of Chapter 10 regulating the permitting of outdoor entertainment events; providing an exemption for City organized events; providing that the City Council may contract for certain special events and vary or waive provisions of the code to promote economic development or cultural events; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. 8. Adopt Ordinance No. 14-2011-, amending Article III of Chapter 74 related to stopping, standing and parking; providing for definitions; prohibiting parking in designated areas; authorizing metered parking in designated areas of the City; establishing parking fines and penalties; authorizing towing and immobilization of illegally parked vehicles; providing for administrative review and appeals; authorizing annual parking permits; establishing regulations for towing vehicles from private property, making conforming amendments to Chapter 110 related to beach -end parking in the R-3 Medium -density Residential Zoning District-, providing for the City of Cape Canaveral, Florida City Council Meeting December 20, 2011 Page 3 of 3 repeal of prior inconsistent ordinances and resolutions; incorporation into the code-, severability; and an effective date. 8.A Adopt Resolution No. 2011-30, establishing parking meter zones within the City pursuant to Article III, Chapter 74 of the City Code; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 8.B Adopt Resolution No. 2011; adopting a fee schedule for Chapter 74, Article III of the City Code related to stopping, standing and parking; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 61 & i0l , OA 9, Appointment of Voting Delegate/Di rector and an Alternate to the Space Coast League of Cities. 10. Council. Pursuant to Section 286.01 p5, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12120%2011 PRESENTATION Subject: Plaque presentation to Seaport Canaveral Corporation in recognition of their contribution of $38,187 to the City for the installation of variable frequency drive controllers at the Wastewater Treatment Plant. Department: Public Works Services Summary: Juriaan Steenland, President of Seaport Canaveral Corporation, located at Port Canaveral, Florida, contacted Mayor Randels in June 2011 concerning a potential contribution to the City through the Pollution Prevention (P2) Program administered by the Florida Department of Environmental Protection. This state program allows corporations to make contributions to local government agencies for energy savings projects. In addition, the major requirement of the P2 Program is that the approved project provides significant and verifiable energy savings (i.e., "green" technology projects). Staff investigated potential projects within the City that would meet the stringent energy savings requirements of the P2 Program. Upon review, the City recommended to Seaport Canaveral Corporation the installation of variable frequency drive (VFD) controllers for aeration mixer motors 1 and 2 at the Wastewater Treatment Plant (WWTP). Some of the benefits of VFD controllers are as follows: • Reduce the operational costs of the equipment. • Provide more accurate control of the WWTP process. • Reduce long-term maintenance costs. • Provide electrical energy savings (up to 50%) by operating equipment at reduced speeds. The project has been completed — the VFD controllers were fully operational on October 5, 2011. Cost savings in electricity charges alone are estimated at $2,400 per month. This reduction in energy usage equates to a reduction in carbon (CO2) emissions of 672,960 pounds per year. It is important to reiterate that Seaport Canaveral Corporation reimbursed the City for the entire VFD controller project cost ($38,187). Mr. Robert Gaffney, Operations Manager for Seaport Canaveral Corporation, will be present at the City Council Meeting to accept the plaque. Submitting Department Director: Walter Bandish Date: 12/01/11 Attachment(s): None. Financial Impact:�n� . c Reviewed by Acting Finance Director: John McGinnis Date: I t/ The City Manager recommends that City Council talo the ollowing Plaque presentation to Seaport Canaveral Corporation in recognition of their City Council Meeting Date: 12/20/2011 PRESENTATION Ng. 1 contribution of $38,187 to the City for the installation of variable frequency drive controllers at the Wastewater Treatment Plant. Approved by City Manager: David L. Greene 0 Date: (-'I/// 1 t City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain CITY COUNCIL REGULAR MEETING �iln CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY November 15, 2011 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Mayor Council Member Others Present: City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager/City Clerk Angela Apperson Building Official Todd. Morley Planning and Development Director. : :. . . Barry Brown Leisure Services `Director Robert Lefever Public Works Service Director Walter Bandish Public Works Services Deputy Director Teff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham OUTGOING ELECTED OFFICIAL COMMENTS: Ms. Walsh and Mr. Hoog thanked everyone for their vote and support of their candidacies. OATHS OF OFFICE: City Attorney Garganese administered the Oaths of Office. ELECTION OF MAYOR PRO TEM: The nominations were opened. Council Member Hoog nominated Council Member Petsos. Council Member Petsos nominated Council Member Walsh. The nomination of Council Member Walsh was seconded by Council Member Hoog. Council Member Hoog noted Council Member Walsh was installed as City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 2 of 6 Second Vice President for the Space Coast League of Cities last evening. The vote carried unanimously. REPORTS: None AUDIENCE TO BE HEARD: Cape Canaveral Branch Library Director Jenny Morrison thanked the City for its support of the Library and the improvements that have been made within the last year. CONSENT AGENDA: Mayor Randels explained the purpose of the Consent Agenda and inquired if any items are to be removed from the Consent Agenda for discission. Council Member Petsos requested item 3 be removed for discussion. 1. Aporove Minutes for Special Citv Council 'Meetiho of October 4. 2011 and Regular City Council Meeting of October 18, 2011 2. Approve Year Two of Five -Year Program — Relining?of Manholes and Lift Station Wet Wells Throughout City and Award Proe_ct Work in'the Amount of $1 g _ 29,638.04 to Hinterland Group, Inc., Cocoa FL: 3. Approve Resolution No. 2011-29, amending the Stormwater Utility Fee Authorized by Article V of 'Chanter 78 of the Cane `Canaveral Code of Ordinances - providing for incorporation into: Appendix B Schedule of Fees, of the City Code, providing for repeal of prior inconsistent resolutions; severability; and an effective date: 4. AA prove Agreement between `the City of Cape Canaveral and Complus Data Innovations, Inc. (Com2lus) for the -processing of parking tickets issued within the City of Cape Canaveral: 5. Approve Library Board recommendation to purchase books (inventory)utilizing reserves from Library Capital Expansion Funds: 6. Approve Contract Between the Florida Department of Corrections and the City of itract #WS641 Amendment #1: 7. Approve Requested Revisions to the Cape Caribe Binding Developer's .......... Agreement: 8. Update - Feet Not Fuel Program: 9. Bike Sharing Program (Not proceed forward): City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 3 of 6 A motion was made by Council Member Hoog, seconded by Council Member Petsos, to approve Consent Agenda Item Nos. 1, 2, 4, 5, 6, 7, 8, and 9. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. #3 — Mayor Randels explained the purpose of the Stormwater Utility Fee; noted projects needing to be undertaken and those completed. Discussion... ensued and included objection to the rate increase; the fact that the Capital Improvement. Plan includes three million dollars in improvements/maintenance items; the need to take advantage of the current lower construction costs; that $5.00 per equivalent residential unity (ERU) was the original recommended fee; the lack of an anticipated project.schedule; the need to pursue grants to complete some of the anticipated; projects; communities have home owners associations and their own stormwater systems are paying association dues to maintain their own systems; the fact that individuals who pay association fees also use the roadways which use the Stormwater System which is supported by these fees, the need to create a Stormwater System along N. Atlantic "Avenue; the possible use of transportation impact fees and the need for roadway capacity to be increased if impact fees are to be used; the trimming of mangroves along the,southern ditch was to be done by a developer and now falls upon the City; the work at Manatee Sanctuary and Banana River Parks; the televising of the stormwater system found/eliminated several blockages; the use of baffle boxes to keep items out of the river and the need for continual maintenance of same; whetherthere are concurrency issues that need to be addressed; the work along.l: Atlantic Avenue will necessitate property acquisition for turn lanes, pedestrian facilities and drainage improvements; the suggestion for fee increases to be adopted in the September or October time frame so Associations can include them in their budgets :for the following year; several proposed compromises which included different effective dates and.amounts of increase; that every City street benefits from the stormwater, fee because of the maintenance programs which include street sweeping, which :cleans the water prior to discharge in the river, environmental stewardship and the events of 2008 Tropical Storm Faye. Motion made by Council Member Hoog, seconded by Mayor Randels to approve the stormwater fees as presented ;(Resolution 2011-29). After further discussion, the motion and second were amen ded. to start in July 2012. The discussion continued and included a procedural question. The motion carried 3-2, with voting as follows: Council Member Bond, 1=or;.Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tem Walsh, Against. ORDINANCE: First Public Hearing: 10. Adopt Ordinance No. 12-2011 • adopting amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue. Funds and Expendable Trust Fund's Budgets for the Fiscal Year beginning ,October 1, 2010 and ending September 30 2011providing for an effective date: City Attorney Garganese read the Ordinance title into the record. Mayor Randels provided a brief City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 4 of 6 explanation of the Ordinance purpose. Motion made by Council Member Petsos, seconded by Mayor Pro Tem Walsh, for approval of the Ordinance. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 11. Adopt Ordinance No. 13-20110 amending the code of ordinances to reor anize and streamline the City's development review process and to ::modifv the composition and duties of certain city boards; amending Chapter 2L::,<Administration, related to committees and commissions: amending Chapter 22` .::::related to community 54. related to narks and recreation: amendina Chapter 110, related to the Board of Adiustment and Plannina and Zonina Board. and :related to land use decisions and site plans; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date: City Attorney Garganese read the Ordinance title into the record and explained the purpose of the Ordinance. Mayor Randels noted the revised agenda item whichp.rovides the recommendations of the Planning and Zoning Board. Planning and Development Director Barry Brown noted the prior action by the Council in August,2011 and the recommendations of the Planning and Zoning Board to clarify the site plan review;.process Patrick O'Neill, who serves as the Governmentand Community Affairs Manager for the Space Coast Economic Development Commission, noted the Simplified, Nimble, Accelerated Permitting (SNAP) best practices model created to streamline development permitting processes. .He indicated the passage of this Ordinance will demonstrate the City's commitment to attract businesses ' Discussion ensued and included the suggestion to include the . ords ''city council" in parts (d), (i) and (1) under Sec. 2-172. There was no opposition to the proposed change. Motion made by Mayor Pro Tem Walsh, .seconded lay Council Member Hoog, to approve Ordinance No. 13-2011 as amended. The Public Hearing was opened and included the Planning and Zoning Board's` discussion related to the number of non-residents who can serve on a review board or committee and the Ordinance change related to non-residents and business owners; rationale for term limits; and approval of expenditures by the City Manager and approval of budget by the City Council. The motion carried 5-0 with voting as follows: Council'Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 12. Adopt Ordinance No. 14-2011; amending Article III of Chapter 74 related. to stopping, standing and parking; providing for definitions; prohibiting parking in designated areas; authorizing metered parking in designated areas of the Citi establishing_ parkins fines and penalties; authorizing towing and, immobilization„ of illegally parked vehicles; providing for administrative review and appeals; authorizing annual parking permits; establishing regulations for towing vehicles from private property; making conforming amendments to Chapter 110 related to beach -end parking City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 5 of 6 in the R-3 Medium -density Residential Zoning Districtproviding for the repeal of prior inconsistent ordinances and resol_utionsm_incorporation into the code; severability; and an effective date: City Attorney Garganese read the Ordinance title into the record. Mayor Randels noted discussion of prior City Council action on a motion in July 2011 to approve the implementation of the parking meters by a 312 vote, which included the late Council Member Jim Morgan who was the third positive vote for that item; and the addition of Council Member Bond who stated he did not see any reason to change that vote. Discussion moved to: City residents' ability to apply for passes and the cost for such; the City of Cocoa Beach's parking rates and program; the.. Federal and State funds that are used to re -nourish the beach; signage at the beach end streets; consideration of the resolutions at the second reading; anticipated net revenue is projected to be $100,000; creation of revenue stream for the ;school crossing guard program and support of the maintenance costs for the beach walkovers. Motion by Council Member Petsos, seconded by Mayor Pro Tem Walsh, to approve Ordinance No. 14-2011. The motion carried 3-2 with voting as follows: Council Member Bond, For; Council Member Hoog, Against; Council Member Petsos, For; Mayor Randels, Against; and Mayor Pro Tem Walsh, For. 13. Adopt Ordinance No. 15-2011 amendinq Article 111 of Chapter 10 requiatinq the events; providing that the --City Council.maw,contract for certain_ special events and vary or waive provisions of the code to promote economic development or cultural events: into the code; severability-, and an effective date: City Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels explained the review process and streamlining of the City's permitting process. Motion was made by Council Member Petsos, seconded by Council Member Bond, to approve Ordinance No. 1572011. Discussion ensued and included what constitutes a City event. The" motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, ,For; Council Member Petsos, For; Mayor Randels, For, and Mayor Pro Tem Walsh, For. DISCUSSION: 14. City Council decision with respect to construction of a Public Beach Access between the Shorewood- and Villages of Seaport Communities: Discussion ensued and included Mayor Pro Tem Walsh's employment by the Villages of Seaport and her decision to abstain from voting; the need for indemnification from the property owner - Coastal Fuels/Morgan Stanley, the parent Company. Motion by Council Member Bond, seconded by Council Member Petsos, to do away with the discussion until some Council at a future date may want to bring the item up. Discussion continued and included costs; conflicts of interest; a recollection of the events in 1989 when. this easement was obtained and how residents across N. Atlantic lost their public beach access due to the condominium development; parking issues. The motion carried 5-0 with voting as follows. Council Member Bond, For; Council Member Hoog, For; City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2011 Page 6 of 6 Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, Abstaining. 15. Land-based Casino_ Operations: Mayor Randels explained the item. Discussion ensued and included whether the City should weigh in on this issue; possibly drafting a letter to the Port from the City Council; suggestion to wait and find: out what the State Legislature is going to allow; the impact to the community and the size of such an operation; opposition to the casinos by a number of companies. Council took no action on this item. REPORTS: 16. Council: Council Member Petsos requested an update on the potential Cocoa Water Rate increase. Mr. Greene noted he and other City Managers are watching the situation and did not think there was much to be done. ADJOURNMENT: There being no further business, the Meeting adjourned at 9:49 P.M. Rocky Randels, MAYOR FORM 813 MEMORANDUM OF VOTING CONFLICT FOR. COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME t NAME OF HOARD COUNCIL COMMISSION. AUTHORITY OR coMMITTEE Walsh, Betty City Of Cape Canaveral -City Council MAII.ING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 144 Seaport Blvd UIMICH I SERVE IS A UNIT OF CITY COUNTY QCITY []COUNTY QOTHERLOCALAGENCY ( Cape Canaveral, FL 32920 Brevard NAME OF POLITICAL SUBDIVISION Cspe Canaveral I DATE ON AMICH VOTE OCCURRED MY POSITION IS 11111512011 1 EI ELECTIVE 1`1 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county. city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an etective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also Is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she Is retained (including the parent organization or subsidiary of a corporate principal by which he or she Is retained): to the special private gain or loss of a relative; or to the special private gain or toss of a business associate. Commissioners of Community redevelopment agencies under Sec. 163.356 or 163-357, F -S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officers father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother -In -taw, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged In or carrying on a business enterprise with the officer as a partner, point venturer, coowner of property, or corporate sharehalder (where the snares of the corporation are not listed on any national or regional stock exchange), ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting: and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form In the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form In the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 clays after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST BETTY WALSH , hereby disclose that on November 15th 20 11 (a) A measure came or will come before my agency which (check one) Q inured to my special private gar or loss; inured to the special gain or loss of my business associate, — inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained: or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows I am employed by the Seaport Oceanfront Condominium Association and The Villages of Seaport Condominium Association in which a topic was on the agenda regarding a public beach crossover located near both associations. lf�_i$�zo1! Cate Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING- IMPEACHMENT. i REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10.000. CE FORM 8B - EFF. 1/20M PAGE 2 City of Cape Canaveral Council Agenda f City Council Meeting Date: 12/20/2011 Item No. Z Subject: Approve the 2012 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule. Department: Administration Summary: A yearly meeting schedule assists everyone in the planning of activities necessary to complete the City's business. This Calendar includes tentative budget meetings. Although we are not able to pin point the exact day for the Budget Hearings, this provides Council Members with as much notice as possible. The schedule was created using the current practices and to consider holidays and other notable events. The reserved date for the first meeting in August has been adjusted for National Night Out. Submitting Department Director: Angela M. Apperson Date: 12/01/2011 Attachment: Schedule Financial Impact: None e: Reviewed by Interim Finance Director: John McGinnis Date: ' I' The City Manager recommends that City Council take the followin a tion(s): Approve the Meeting Schedule. Approved by City Manager: David L. Greene (>L� Date: 1ajt City Council Action: [ ] Approved as Recommended [ j Disapproved [ ] Approved with Modifications ] Tabled to Time Certain City of Cape Canaveral 2012 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule Agenda Cut-off at 4:30 PM Agenda & Packet Due by Close of Business Council Meeting 7:00PM unless noted 1/3/2012 — Date Reserved* 1/4/2012 1/10/2012 1/17/2012 2/7/2012 — Date Reserved* 2/08/2012 2/14/2012 2/21/2012 3/6/2012 — Date Reserved* 3/7/2012 3/13/2012 3/20/2012 4/3/2012 — Date Reserved* 4/4/2012 4/10/2012 4/17/2012 5111201.2 — Date Reserved* 5/2/2012 5/8/2012 5/15/2012 61512012 — Date Reserved* 6/6/2012 6/12/2012 6/19/2012 7/3/2012 — Date Reserved` N/A NIA 7/17/2012 - Budget Workshop 5:30 PM 7/5/2012 7/10/2012 7/17/2012 8/6/2012 — Date Reserved* NIA N/A 8/21/2011 W Budget Workshop 5:30 PM 8/8/2012 8/14/2012 8/21/2012 9/4/2012 — Date Reserved* Week of Sept 2 -8 — First Budget Hearing exact day TBD Note: Historically Brevard County and the School Board have met on Tuesday and Thursday. Florida Law does not allow the City to hold meetings on the same day. 9/5/2012 9/11/2012 9/1812012 Week of Sept 16-22" -- Second Budget Hearing exact day TBD Note: Historically Brevard County and the School Board have met on Tuesday and Thursday, Florida Law does not allow the City to hold meetings on the same day. 10/2/2012 — Date Reserved* 10/3/2012 10/09/2012 10/16/2012 11/8/2012 — Date Reserved* 11/7/2012 11/13/2012 11/20/2012 12/4/2012 — Date Reserved* 12/5/2012 12/11/2012 12/18/2012 * These dates are reserved if a meeting is necessary. Agendas will be published 1 week before the meeting. Approved by Council: Amended to reflect Budget Hearing dates City of Cape Canaveral City Council Agenda Fora City Council Meeting Date: 12/20/2011 Item No. 9 Subject: Approve purchase of an emergency power stand-by generator from Tradewinds Power Corporation at a cost of $37,828 for Lift Station #9 located on Banana River Boulevard. Department: Public Works Services Summary: This Program initiative provides stand-by emergency power at the City's key sanitary sewer lift stations. It was started four years ago with the purchase and installation of a stand-by generator for Lift Station #1 on Washington Avenue, Lift Station #3 on West Central Boulevard and Lift Station #2 on Center Street. The next planned phase is to purchase and install a stand-by generator for Lift Station #9 located on Banana River Boulevard. The general purpose for a generator is to maintain uninterrupted wastewater service for City residents in the event of electrical power outages, hurricanes and storms; thus assuring the health, welfare and safety of City residents. This will be an ongoing initiative until completion of all six major City lift stations (1, 2, 3, 9, 7 and 4). Anticipated installation is approximately 90 days after the purchase order is issued. Generator cost - $30,943.00 Transfer switch cost - $ 6,885.00 TOTAL COST - $37,828.00 Total cost includes installation of complete generator package. Detailed cost estimates for the generator and transfer switch are included in the attachment — purchase is under FSA Contract No. 11-19-0907, Spec #85, low bid (state contract). Submitting Department Director: Walter Bandish uo Date: 11/30/11 Attachment: Detailed Cost Estimates Financial Impact: Total cost to the City is $37,828. Monies in the amount of $60,000 are available in the FY 2011112 Budget. Reviewed by Interim Finance Director: John McGinnis Ir Date: i The City Manager recommends that City Council take Oe foll wing action(s): Approve purchase of an emergency power stand-by gen rator frc5m Tradewinds Power Corporation at a cost of $37,828 for Lift Station #9 located on Banana River Boulevard. Approved by City Manager: David L. Greene 0 Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications ] Tabled to Time Certain Attachment Detailed Cost Estimates wo Pump Sets 5920 NW 84th Avenue Miami, Florida 33166 T91305.592.9745 FAX305592-7461 www.lradewindspewer.com TO: City Of Cape Canaveral Florida Power ualts Generator sets Automakc Engine Controls P.O. Box 326 Quotation # PS10995Q Install Cape Canaveral, FL 32320-0326 November 17, 2011 . Tel: (321)-608-2595 Fax: (321)-868-1233 Attn: Mr- Phillip Blssett We are aleased to offer this Quotation az detailed below ..�Itr�tli{iit.. aso . tlfr�i. 1 Model TT600 Automatic Transfer Switch Awarded to Tradewinds 5,626 was under FSA Contract No. 11 -19-0907, Spec #85 Low Bid. Enclosed Contact Power Switching knits: Fully enclosed silver alloy contacts provide high withstand rating & 100% continuous current rating. 1* 3 cycle short circuit current withstand tested allows use of I !non -series rated upstream protection devices, l* completely separate utility and generator side switching units provide superior jrellabillty through redundancy (no common parts), as well as excellent serviceability! I I* power switching units can incorporate over current protection. ! ! 1* not damaged if manually switched while in service since contacts ;have inharent spring over center design. (Reliable Motor -Operated Transfer Mechanism: !` heavy duty brushless gear motor and operating mechanism provide mechanical jinterlocking and extreme long life with minimal maintenance 1 ;* safe manual operation permits easy operation even under adverse conditions. ;Superior Serviceability 1` all mechanical control devices are visible and read accessible * all control wires and power busses are front accessible ' !Control Features * TSC -80 microprocessor base controller 1 1* Isolation plug permits disconnecting control circuits from all power sources for I safety and convenience. Safety Standards i j ` UL 1008 Automatic 1 Transfer Switches for use in Emergency Systems * CSA 022.2 No. 178 'Automatic Transfer Switches j Sub total for cost of transfer switch ,Delete option - IT100-150-FS. This value is deleted from the awarded switch to -5,538 1 'determine the net cost per amp for the installation ($5,626.00 - $5,538.00 = $88.00) Installation of transfer switch consists of mounting the transfer switch 15 feet away I from main power. Installation of generator power, obtain permit, pour pad, set and 1install generator, and transfer switch. F 'Size of quoted automat€c transfer switch in Total Pac Is 100 amps Notal cost for install is determined by multiplying size of ATS x cost per AMP. 1(100 x $88.00) for install. 8,800 Deduct for Total Pao Installation: -1,915 6,885 iIAII necessary electrical and mechanical drawings, permits, and locating of existing l !conduit. Design, fabricate, and provide concrete pads for generator. I Total (Installation only) ; 6,885 iOn site Start-up and building load test Inc. Inc, 1 Delivery to Cape Canaveral, Fl. Curbside Inc. j Inc. I !Total I 6,885 I !State & Local Tax as Applicable j !Estimated Shippin date from receipt of order: 6 - 8 Weeks 'Price validity: 45 Lan; 15% Cancellation Charge for Restocking•------------vmm-- _TI -----� Wire -Transfer. Tradewinds Power Corp Division of Southeast Diesel Corp FISIO PNC Bank Paul St les I Acct# 8025724597 ABA# 031207607 WPF POWER cow 5820 NW 84th Avenue Miemi, Fkxida 33166 Tel 305-592-9745 FAX 305-592-7467 www.tradewi nds p•wercam TO: City Of Cape Canaveral Florida P.O. Box 326 Cape Canaveral, FL 32920-0326 Tel. (321)-508-2595 Fax; (321)-868-1233 Attn: Mr. Phillip Bissett Filters Pump Sets Powerunits Generator Sets Automalic Engine Controls Quotation # PSf 09950 Gen November 17, 2011 We are leased to offer this Quotation as detailed below =i 5t3k''ti"i=iIi€:Be' .., 'Awarded Y'Tradewinds . 1 IMadef TJ125'Base Generator Set under FSA contract' 33,283 33,283' i # No. 11.13.0907, Spec #083 Low Hid. Deduct for Model TP20 TP -PS Tradewinds Generator Set; -2,$40 -2,340. 1 i20 KW (25 KVA) Standby, 18 KW (22 KVA) Prime Power 1 120/240 Volts [reconnectablej, 60 Hz, Three Phase, 0.8 Power Factor I FAmp Load Capacity: 60; Load Bank tested. lFerkins Diesel engine, Model 4030.22 TIER 2 Q 1800 RPM complete with 112 Volt Electrics, Radiator & Guard. Brushless Single Bearing Alternator with PMG, Adjustable Rheostat, DVR 2000 Automatic Voltage Regulator, Space Heaters & Vibration Mounts [ jTradewinds Deluxe Digital Instrument/Control Panel with Safety Shutdowns F !Complete with DC Voltmeter, Hourmeter, Oil and Temperature Gauges [ ' Frequency Meter, Ammeter & Voltmeter with Phase Selector Switch, Engine (Cool Down Timer, Remote "E" Stop Contacts, Remote Auto Start Control, Low !Fuel Level Alarm, J -1839 Code readout, NFPA 110 Compliant, On/off Switch, i3 D.C. Breakers, 1 A.C. Breaker, and Emergency Push Button. a Optional Equipment included in above pricing: Battery Flack and Cables Battery Charger installed and wired to duplex electrical box that is wired to incoming service feed with fuses. Critical Silencer mounted in front of package with vertical discharge Stainless Steel Flex Exhaust Connection 3 ' Initial fig of oil and antifreeze I ? Water and Oil drain lines with brass ball valves located inside enclosure. f Heavy Duty Canister Type Air Cleaner Jacket Water Heater, Thermostatically controlled installed and wired to I r Duplex electrical box that is wired to incoming service feed with fuses. 140 gal; Double Wall, UL Approved Subbase Fuel Tank With Leak Detection Mechanical fuel level gauge, low fuel level alarm and sender, internal fuel fill, ' and all other necessary fit#ings. I Total - Pac Enclosure constructed from a continuous roof, .090 aluminum, Il White powder coat paint, stainless steel hardware, and keyed alike doors. i ; Generator control panel and Transfer switch controls in single panel ! I A. (1)100amp, Thomson Open Style Transfer Switch as detailed in attached installation. B. (2) 100amp, Circuit Breaker Type, Service Rated NEMA 4X Switches Full. Load Factory test j One (1) complete operation and maintenance rtianual l Two (2) year, Standby Warranty !Sub Total, FOS our warehouse, Miami, Florida 30,943 f ;Onsite Start-up, building load test, and Training performed during same day. ; Inc. Inc. ,Delivery to the City of Cape Canaveral, Fl. Curbside. Off -Loading by others Inc. Inc. (Total 80,943 (State & Local Tax as Applicable ;Estimated Shi in date from recei t of order: 8 - 8 weeks Price VaGdij (: 45 dwo;15% Cancellation Chame far Restoekinq. I Mire -Transfer: Tradewinds Power Corp Uvision of Southeast Diesel Corp i IBA) PRIG Hank --- -- AccW_8025724597 ABA# 091247607 -- ---_------_ __ �Pattl sta019E City of Cape Canaveral City Council Agenda . .,,+ ,' _. orm City Council Meeting Date: 1212012011 Item No. Subject: Farmers Market Agreement Department: Leisure Services Summary: Richard Hendry, a Farmers Market Promoter, desires to operate a weekly Farmers Market in the City on Thursdays from 9:00 am — 4:00 pm at the Leisure Services Department property at 7300 N. Atlantic Ave. Mr. Hendry successfully operates Farmers Markets in Eau Gallie, Rockledge, Satellite Beach and Cocoa Beach. The Cape Canaveral Visioning Statement encourages local culture and the active recruitment and support of businesses that enhance economic viability and serve the City's residents and visitors. This Agreement sets forth the terms and conditions under which the Farmers Market may operate. It requires Mr. Hendry to apply for an Outdoor Entertainment Event Permit, which after review/approval is consistent with the City's Outdoor Entertainment Event Ordinance. It authorizes the Farmers Market to be conducted weekly for a period of one (1) year or until the Agreement is terminated, whichever occurs first. The Agreement also provides for the Outdoor Entertainment Event Permit fee to be waived in consideration of the City receiving 30% of the booth rental fees collected by Mr. Hendry. The Agreement can be cancelled by either party at any time and without penalty upon 30 days' written notice to the other party. This Agreement does not limit the City's ability to permit additional Farmers Markets which do not conflict with the time and location referenced in this Agreement. Submitting Department Director: Robert Lefever(; Date: 12-6-2011 Attachments: Farmers Market Agreement, Site Plan, OEE Application and: Parking Memo Financial Impact: City revenue will be based on 30% of vendor booth fees collected. 17 - Reviewed by Interim Finance Director:Date:-- fl - The City Manager recommends that City Council take the following action(s): City Council authorize the City Manager to execute the Farmers Market Agreement. Approved by City Manager: David L. Greene 0 'V-4- Date: /. l/41//r City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain CAPE CANAVERAL FARMERS MARKET OUTDOOR ENTERTAINMENT EVENT AGREEMENT THIS OUTDOOR ENTERTAINMENT EVENT AGREEMENT ("Agreement") is made and entered into on this day of , 2011, by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City"), and RICHARD HENDRY, an individual, d/b/a Brevard Farmers Markets ("Contractor"). WITNESSETH: WHEREAS, Contractor oversees the operation of several Farmers Markets conducted in and around Brevard County; and WHEREAS, Contractor has been successful in bringing communities together to celebrate the quality homegrown goods and other items sold at Farmers Markets and in providing a place where communities can congregate; and WHEREAS, the City of Cape Canaveral desires to permit Contractor to organize and oversee a weekly Farmers Market in Cape Canaveral on City property in order to provide a community gathering place and a cultural attraction for residents and visitors of the City; and WHEREAS, section 10-46 of the City Code authorizes the City to enter into contracts for the conduct of outdoor entertainment events that promote economic development or a cultural attraction or event for residents and visitors of the City; and WHEREAS, the City Council believes that a weekly Farmers Market conducted on City property in a central location will attract residents and visitors and will mutually benefit the wellbeing of the residents, visitors and the City alike; and WHEREAS, Contractor represents and warrants that it has the personnel, tools, materials, and experience to put on a quality Farmers Market as set forth herein. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge, the parties agree as follows: 1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 Definitions: a) "Advertise" shall mean the act of publicly announcing or calling attention to the Farmers Market and may include, but not be limited to, the distribution of handbills or mass mailing, the use of outdoor advertising and announcements by billboard, poster, radio, television or newspapers. Page 1 of 9 b) "Agreement" shall mean this Cape Canaveral Farmers Market Outdoor Entertainment Event Agreement and all exhibits and addendums hereto between the City and Contractor. c) "City" shall mean the City of Cape Canaveral, a Florida municipal corporation, its employees, agents, and contractors. d) "City Council" shall mean the City Council of the City of Cape Canaveral, Florida. e) "City Manager" shall mean the City Manager of the City of Cape Canaveral, Florida, or the City Manager's designee. fj "Farmers Market" shall mean the weekly, open-air event, known as the "Cape Canaveral Farmers Market," located at the City's Recreation Complex and conducted by Contractor in cooperation with the City pursuant to the terms and conditions set forth in this Agreement. The Farmers Market shall be planned, promoted, managed and operated by Contractor pursuant to this Agreement. g) "Leisure Services Director" shall mean the City of Cape Canaveral's Leisure Services Director or designee. h) "Contractor" shall mean Richard Hendry, an individual, d/b/a "Brevard Farmers Markets," and his employees, agents, and contractors. i) "Recreation Complex" shall mean the City's real property located at 7300 N. Atlantic Avenue in Cape Canaveral. j) "Public Records" is as described in Chapter 119, Florida Statutes, as may be amended. 3.0 Terms and Conditions of Farmers Market. Contractor agrees to Advertise, produce, plan, promote, manage and operate the Farmers Market in cooperation with the City and under the special operating conditions set forth herein. In furtherance thereof, Contractor agrees to keep the Leisure Services Director fully informed of its plan to promote, manage, and operate the Farmers Market so the City can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health, safety, and welfare related to the Fanners Market, 3.1 Location and Hours of Operation. The Farmers Market shall be permitted to operate at the Recreation Complex one (1) day each week, said day being mutually agreed upon by both parties hereto, between the hours of 9:00 AM and 4:00 PM. Set up and tear down activity related to the Farmers Market shall be permitted for two (2) hours prior to the start and two (2) hours following the conclusion of each Farmers Market. The City reserves the right to cancel the Farmers Market for any particular week in the event the City requires the Recreation Complex for the operation of another special event. The City shall provide written notice of any such cancellation to Contractor in writing at least ten (10) days in advance. Page 2 of 9 3.2 Consideration. In consideration of Contractor's use of City property and the City permitting of the Farmer's Market, Contractor agrees to pay the City thirty percent (30%) of all booth rental fees imposed by Contractor upon the Farmers Market vendor participants. Each week following the conclusion of the Farmers Market, Contractor shall provide the City with a roster of each vendor that participated in that week's Farmers Market, the booth rental fee for each vendor, and the City's share of the booth rental fees. Payment shall become due and owing to the City no later than seven (7) days following each Farmers Market. The City reserves the right to cancel any Farmers Market without notice to Contractor for nonpayment. Contractor shall not be subject to the outdoor entertainment permit fee. 3.3 Vendor Booths; Site Plan. The Farmers Market shall be limited to a maximum of 13 vendor booths approximately ten feet by ten feet (10' x 10') in size, which shall be set up at the Recreation Complex according to the site pian attached hereto as Exhibit "A," fully incorporated herein by this reference. Contractor shall be responsible for providing any staging materials necessary to effectively produce the Farmers Market including, but not limited to, tables, chairs, and tents. 3.4 Vendors. Contractor shall be responsible for retaining reputable vendors for the Farmers Market. Vendors shall generally be chosen on a "first comae, first served" basis. In no event shall any vendor be discriminated against based on race, gender, age, religion, national origin, ethnicity, marital status, pregnancy, disability, veteran status, and/or any other legally protected characteristic. If more than the maximum number of vendors desire to participate in the Farmers Market in any given week, Contractor shall establish a waiting list and shall schedule the vendors to participate in the Farmers Market using a rotating schedule. 3.5 Authorized Vendor Merchandise. 3.5.1 Farmers Market merchandise shall consist of quality homegrown products, including, but not limited to, fresh produce, flowers, plants, baked goods, honey, maple syrup, jam, jelly, herbs, and handmade soap and body care items. Vendors shall only sell items they themselves have grown, produced, or processed. Merchandise may also include original handmade arts and crafts items. Manufactured, mass-produced, wholesale, rummage, second-hand or thrift -type merchandise shall be strictly prohibited. 3.5.2 Any dispute which may arise between the parties regarding whether certain merchandise is authorized to be sold at the Farmers Market shall be subject to the Dispute Resolution procedure set forth in section 5.0 of this Agreement. 3.5.3 The City shall not be responsible for and makes no express or implied warranties of fitness or merchantability as to the merchandise sold at the Farmers Market. Page 3 of 9 3.6 Clean up. Contractor shall be responsible for the coordination of clean up and disposal of any debris at the Recreation Complex grounds and its immediate vicinity caused by the Farmers Market. The Leisure Services Director and Contractor shall perform a walk-through of the Recreation Complex grounds prior to the commencement of each Farmers Market in order to inspect its condition and any clean up activity shall return the Recreation Complex to its original or better condition. 3.7 Event Staffing. Contractor shall hire and schedule all personnel/labor deemed necessary to run the operation of the Farmers Market, including labor for setup, tear - down, clean-up staff and security personnel in addition to the police and fire personnel possibly required by the City. 3.8 Advertising. Contractor shall advertise the Farmers Market as is customary to promote other events similar in size and scope. 3.9 Contractors, Contractor may employ as many contractors or assistants as it deems appropriate and necessary to perform its respective services required hereunder. However, Contractor shall be solely responsible for the payment of their respective contractors or assistants, including responsibility for their acts and omissions, wages, fees, applicable income taxes, applicable worker's compensation insurance, and expenses. 3.10Permits. Contractor shall obtain all local, state, and federal permits necessary to hold the Farmers Market. The City agrees to cooperate with the issuance of all permits, and will use its best and reasonable efforts to support any permit application submitted in furtherance of this Agreement. 3.110ty Outdoor Entertainment Event Ordinance. Contractor acknowledges and understands that the City's Outdoor Entertainment Event Ordinance shall apply to the conduct of the Farmers Market unless otherwise modified by the terms of this Agreement. Contractor shall submit one (1) outdoor entertainment event permit application which, following review and approval by the City Manager, shall authorize the Farmers Market to be conducted weekly for a period of one (1) year from date of issuance or until termination of this Agreement, whichever occurs first. The City reserves the right to amend or modify the terms and conditions of the outdoor entertainment event permit at any time if the City believes that such amendment or modification is in the best interests of the health, safety and welfare of the citizens of the City and patrons of the Farmers Market. 4.0 Duty to Cooperate, Further Assurances. From and after the Effective Date of this Agreement, the parties hereto shall have a duty to cooperate with each other and perform any further act(s) and execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. In furtherance thereof, Contractor agrees to keep the Leisure Services Director fully informed of its respective performance hereunder and its respective responsibilities to manage, promote, and operate the Farmers Market so that the City can reasonably satisfy its obligations under this Agreement and reasonably address those issues which the City believes should be Page 4 of 9 addressed in the interests of the public health, safety, and welfare related to the Farmers Market, 5.0 Dispute Resolution. Disputes regarding any terms or conditions of this Agreement which can not be resolved within a reasonable time by the Leisure Services Director and Contractor shall be decided by the City Manager at such time at least one party declares an impasse in writing to the City Manager. Upon impasse, the City Manager shall promptly decide the impasse issue in writing and shall distribute the written decision to the Leisure Services Director and to Contractor's representative. All such decisions shall be final. 6.0 Due Diligence_. Contractor acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, and the steps necessary to complete the services within the time set forth herein. Contractor warrants unto the City that it has the competence and abilities to carefully, professionally, and faithfully complete the services in the manner and within the time limits set forth herein. Contractor will perform the services with due and reasonable diligence consistent with sound professional and labor practices. 7.0 No Assignment. This Agreement shall not be assigned or transferred without the express written consent of the City. 8.0 Third Par Rights. This Agreement is not a third party beneficiary contract and shall not in any respect whatsoever create any rights on behalf of any third parties. 9.0 Legal Representation. The parties acknowledge that Anthony A. Garganese, Esquire, of Brown, Garganese, Weiss & D'Agresta, P.A., and the other attorneys therein, have acted as counsel for City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than City. 10.OSeverability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless remain in full force and effect, unless the absence of the invalid, void or unenforceable provision or provisions causes this Agreement to fail in its essential purposes. I LOGoverning Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. The parties further agree that in any dispute between them relating to this Agreement, exclusive state court jurisdiction shall be in the trial courts located in Brevard County, Florida, and exclusive federal court jurisdiction shall be in Orlando, Florida, any objections as to jurisdiction or venue in such courts being expressly waived. 12.OAttorney's Fees. In the event any litigation or controversy arises out of or in connection with this Agreement between the parties hereto, the prevailing party in such litigation or controversy shall be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post judgment collection proceedings. Page 5 of 9 13.ONon-Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. 14.ONotices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): To City: City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 PH: (321) 868-1230 To Contractor: Richard Hendry d/b/a Brevard Farmers Markets PH: (321) 917-0721 1 S.00ounternarts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be an original; but such counterparts shall together constitute but one and the same instrument. 1.6.OPublic Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or videotape, photograph, or other writing of Contractor related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or Contractor. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of Contractor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, Contractor shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable tunes during normal business hours of the Contractor be open and freely exhibited to the City for the purpose of examination and/or audit. 17.01nterpretation. The parties have participated in the drafting of all parts of this Agreement, and have each had an opportunity to review this Agreement with legal counsel. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 18.0Independent Contractor. Contractor shall be considered an independent contractor under this Agreement. Page 6 of 9 19.OEntire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 20.OSovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 21 AGeneral Liability Insurance. For all services performed hereunder, Contractor shall purchase and maintain, at its own expense, such general liability insurance, to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the services performed under this Agreement. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability, property damage liability, with no deductible. All insurance coverage shall be with insurer(s) approved by the City's risk manager and licensed by the State of Florida to engage in the business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." Contractor shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. Contractor shall also provide copies of all policies, along with the insurance certificates and endorsements to the City no later than thirty (30) days before harmers Market. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by Contractor in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify Contractor in writing thereof within thirty (30) days of the date of delivery of such certificates and endorsements to the City. For all services performed pursuant to this Agreement and during the Farmers Market, Contractor shall continuously maintain such insurance in the amounts, type, and quality as required by this paragraph. 22.01ndemnification and Hold Harmless. For all services performed pursuant to this Agreement, Contractor agrees, to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, trial, post judgment and appellate proceedings), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from their respective: (i) performance of services pursuant to this Agreement; (ii) failure to properly train employees Page 7 of 9 under their control or direction; (iii) failure to remit any local, state, and federal taxes due by them as a result of the Farmers Market; and (iv) failure to properly plan, promote, manage, and operate the Farmers Market. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense, at the sole option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, and attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. h1 all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 23.OStandard of Care. In performing its services hereunder, Contractor shall use the degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. 24.00ontractor's Signatory. The undersigned person executing this Agreement on behalf of each party hereby represents and warrants that he/she has the full authority to sign this Agreement and to fully bind their principal to the terms and conditions set forth in this Agreement. 25.OEffective Date. This Agreement shall become effective upon full execution by both parties hereto and upon the City Council's adoption of Ordinance 15-2011. The Agreement shall not be effective against any party until said date. 26.OTerm. This Agreement, with the exception of the indemnification and insurance provisions, which shall survive termination of this Agreement, shall terminate one (1) year from the Effective Date. The City and Contractor may mutually agree to extend the term of this Agreement for additional one-year periods. Any such extension shall only be by written addendum to this Agreement. 27.OTermination. This Agreement may be terminated by either party hereto for any reason and without penalty upon 30 days written notice to the other party. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first written above. [EXECUTION PAGE FOLLOWS] Page 8 of 9 CITY: THE CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation. Date: ATTEST: Angela Apperson, City Clerk STATE OF FLORIDA COUNTY OF BREVARD David L. Greene, City Manager CONTRACTOR: RICHARD HENDRY, an individual, d/b/a Brevard Farmers Markets. Richard Hendry Date: The foregoing instrument was acknowledged before me this day of , 2011, by , as of RICHARD HENDRY, an individual d/b/a Brevard Farmers Markets, who is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Page 9 of 9 Revised 02-23-10 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR OUTDOOR ENTERTAINMENT EVENT I'EMT Applicatim Date: 90/') The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. The &PPrOval of the City Manager is mired for all Outdoor Wertainment Event Permits. Legally organized in*a-profit organizations may request a fee waiver, Such waiver may only be grantrd by the City Couccit. City Council approval is required for alcohol service at anOutdoor Entertainment Event. Name ofAppticant i'er. 4 H"'lay, Title: VK11,+Z t-1k'J- vt�va Firm/oJrpniwiow Address $cit rL � U -Mail; Telephone: 3 2 t F c t 07 Z t Cell; FAX: %e-- i..l Address (if different from above) Type Of Event, W -' "ir: r a *% 'r -a s ow, t4,;r � /� ��� �G#)/ will ftx�d be served at die event? YES ' / NO _ Ae ft 4oil e0 '- d v O C Total number of people expected througtwut the duration of the event: � C Total maximum peak atttoA w.ce (at any one titter): Total parking available (on site and offsite): 41470 Catering Set -Up Date: Rental Set -Up late: F.lmgWown Date. Event Date(s): __ Locaflon(s): 4--A-R4 A ?VFit1 ,:. 1 r� _,C.CA,LKdc 4441 Important: Applicant is to attach site plan(s) which includes (at a minimum); ,a. Site vicioity map. 'h. Property lines, paved areas, grass areas, sidewalks and streets. e,. existing Structures, their uses and their relationship to pmperty lines, easements, struts, ele. I Proposed temporary structures and usage areas, including tents, fencing, gates, concession areas, viewing stands, stages,, temporary electrical pales, generators, fire extinguishers, aid stations, aonrections to potable and waste water systems, txstroo m facilities and dumpsters. (1) For outdoor entertainment permits which WOude night -tune activities, provide a lighting layout. e. Total number of ort -site panting spaces and loading Tunas_ f. Total number of off-site parking spaces. & Traffic flow diagram to cnsum that: an orderly and safe traffic flow is permitted within the site and that *0 traffic problems are created by the proposed ingress and egress routes. (1) Far outdoor entertainment permit.* which "uire tine closing of streets, a sneer closwe plan atrall be submitted.- Such plain shall depict the location of traffic lights and rc-routed traffit routes. Such plan shall also dcscriba any proposed tT Mc control devices, physiW barriers and traffic -directing personnel. e•p 15 t trt:ISp p.2 Revised 02-23-10 IL Location of public address sound systern(s). Please iridicate which of the following are requested: OTMf'hc Central i:]Use of PtolicelFire Rescue Equipment ostreet Closing 17VWeles/Esluipment on Beach QVehecle Parking on City Ftp DIUSP of City SW for promotion ❑Service of alcohol wee waiver (Nun -profits 5pd City.orgat iod events only) a(ither (please specify):. if applicant wishes to erect tents or other ltemporary structures in conjunction wiaee rite evcryt, a building permit application mast also he submitted along with 20 pertinent iinformation relating to the temporary structures and their proposed location. By signing this application, the applicant acknowledges and agrees to the fallowing provisions: I_ I1w SEMAK E A written public liability inswante policy insuring the person staging, promoting or comducting the outdoor entertainment event against any and all olahm and demsmds made by any pmson for u3jttr ies received is cm eetiot with the staging, prometing, csonducting, or attendee of or at the outdoor entertair:mnt event, written within limits ofnsrt less than ($1,000,000.DQ) per person for bodily injury, rare million dollars ($1,1100,000.00) per accident and one million dollars (si,00t1,t1t o oo) per occurrence, indemnifying the city as "additional insured", tf alcoholic beverages am to be dispermed, served, solei or distributed at an outdoor s ntartaiarnmt, the applieant(s) shall in addition provide ligxuar liability insurance in the amount of five hundred thousand dollars ($500,000.00). The original or duplicate of such policy shall be attached to the application For an outdoor entertainment event permit, together with adequate evidence that the premiuma axe paid. Name of Insurance Co' ler04,1 ' Policy Net: i Expiration Date. 11. OTIIONAL HO Petreittee authorizes the City of Cape CaMVeTal to utilize Permittee's name and project for public relation purines and oftw r media related purposes. iii. EXPE S�EES The applicant agrees to pay the City, in advance. for any services provided by the City at the City's usuat ratos and any other permit {ccs that may be applicable to the outdoor entertainment event as rewired by the City of C..epe Cansveral. ESTIMATED COSTS (to be completed by City stall: Brevard County Sheriffs Office: Canaveral Fire Rescue: Building Department: Public Works Department: I1;e4reatiron Department: Other: ESTIMATED TOTAL COST: IV. EXEMPT1"S Sep 15 11 01:19p P.3 li.eAR4 02-23.10 )Legally organized Hart-praftt organi=tions end City -organized events may seek a waiver of any ofthe outdoor entertakunertt event fees provided that the City detertnkes tlhnt ail rode secama dealing with the health, safety and wclfhro of those in attendance, as wall as the general public, have been otherwise provided for as required by said r,ctde, City Counofl approval is regahvd for any fee waives. V. a tUACQATION lF F Unless otherwise exempted, the airplkant agrees to pay an application fee of $500. The applicant agrees to provide all necessmy labor an&or egtdpamt to efreat a full and complete clean-up of PftW is and around the site, provided such clean-up results directly or indirectly from the outdo" entertainment event: Additionally, the applicant agrees to submit a aleon-up deposit of $500. It in the dis ct iob of the City Manager, it becomes necessary to utilize City labor andlor equipment to complete such clean-up, the cases of such clean -ter sbWl be deducted front the deposit. Any unused portions of the deposit shall be re=ed to the applicant. Rate $iOnwre of Applkalr& ReirestivefTitle Printed name of Applicant or PApreAntative Approved by City of Cape Canaveral. Applicant shall ensure that a copy o€this aWoved permit and al[ attachments shall remain posted owite for the duration of the outdoor entertakwout event. For further infer tim, please contact; Outdoor Futertaininew Events Cootdinator: Todd Morley, wilding Official 7510 N. Atlantic Ave. Cape Canaveral, Fir 32920 Phone: (321)•868.1222 Fax: (321) 869-1247 jok . TO: Outdoor Fntertairr hent Event Committee 6pz lhrb w Robed Lefever, Leisure Services airedor lie IZW2011 RIK Farmers Market OEEC Members: Mr. Nick Mrdjenovi* Business Representative, from the Inten*ional Association of Machinists and Aerospace Workers Di$trlC,t 166, has gen msly given the City permission to use the parking lot located at 271 Taylor Avenue. The parking area will be designated for Farmers Market parking for vendors and patrons evory Thursday from 8:04 am — 5:00 pm. The event vrill be propwty signed to n* the appnwriate designated parking. E City of Cape Canaveral City Council Agenda Fora City Council Meeting Date: 12/20/2011 Item No. �5- Subject: Approve Ordinance No. 12-2011; adopting amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds and Expendable Trust Fund's Budgets for the Fiscal Year beginning October 1, 2010 and ending September 30, 2011; providing for an effective date. Department: Financial Services Summary: Each year, the Adopted Budget requires amendments to provide the funding needed to accomplish the additional tasks and projects that were not included in the original Budget Projections. These increases required and received Council approval prior to the project start. The following amendments were made to the Adopted Budgets for FY 2010111. Detail of Changes in Adopted Budgets General Fund: Ridgewood Avenue Streetscape Project $ 1,092,906 Police Annex Renovation 385,705 Parking Meter Program 256,355 Increase in General Fund Budget $1,734,966 Projected FY 2010/11 Year End Fund Balance $ 5,095,155 Beautification Fund: Ridgewood Avenue Streetscape Project $ 75,544 Increase in Beautification Fund Budget $ 75,544 Projected FY 2010/11 Year End Fund Balance $ 293,474 Capital Expansion Fund: Renovation of City Hall Marquee $ 19,915 Library Computer Tables and Book Purchase 55,629 Increase in Capital Expansion Fund Budget $ 75,544 Projected FY 2010/11 Year End Fund Balance $ 743,585 Stormwater Enterprise Fund: Ridgewood Avenue Streetscape Project $ 63,775 Harbor Heights Stormwater Improvement Project 91,470 Manatee & Banana River Parks Stormwater Improvements 231,599 Increase in Stormwater Ent, Fund Budget $ 386,844 Projected FY 2010/11 Year End Fund Balance $ 1,512,438 City Council Meeting Date: 12/20/2011 Item No. continued Page 2 of 2 In addition to the above Budget Adjustments, various Administrative Transfers were made in the course of operations. These are redistributions of existing budgeted funds to accomplish City business. The transfers do not alter the Adopted Budgets, but are included in the attached Summary to provide additional information for a complete understanding of the Fiscal Year operations. The Ordinance was passed at first reading on November 15, 2011; the Notice of Public Hearing was published November 18, 2011, in the Florida Today Newspaper. Submitting Department Director: Andrea Bowers, Finance Dkector Attachment: Ordinance No.12-2011 Adopting the Amendments to the FY 2010111 Budget Financial Impact: While no additional financial impact is experienced through the formal adoption of the Budget Adjustments & Amendments, the financial impact of each Adjustment or Amendment is recorded at the face value ofth endment. Reviewed by City Finance Director: Andrea Bowers Date: P ,?9 The City Manager recommends that City Council take the following action(s): Approve Ordinance No. 12-2011. Approved by City Manager: David L. Greene ) Date: ! /,If City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain ORDINANCE NO. 12-2011 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, 2010, AND ENDING SEPTEMBER 30, 2011; 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, 2010, and ending September 30, 2011, 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 20th day December, 2011. Rocky Randels, Mayor ATTEST: FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog BUZZ Petsos Rocky Randels APPROVED AS TO FORM: Betty Walsh Anthony A. Garganese, City Attorney First Reading: 11/15/2011 Legal Ad Published: 11/18/2011 Second Reading. 12/20/2011 ooC�oo 0 0o p n o a ao 0 0 0 v 0 0 0 0 y 0 0 0 0 0 p o 0 0 0 0 © 0 0 0 0 o p G7 b b a O O CIO O Vl U1 O moi' efi © M M O 0 4= C V') U3 O V) Lo �D M N Qt t• �iJ 1D O O O N N p n� {? O cd Oq A O O p N N d' Cr N N u u Z bo N N N N N it Ct C3 M W ci © o a a o N N N N ir3 v3 T a Z A © 0 0 0 0 y M r", � p a 0 0 U O � 0 0 0 0 p O O d O C7 O O O 0 0 p CN v] Cb Irl 0h O vi to wl O V1 10 co N v3 M N i- \O �O 1= O N N N [� O v7 M t� 00 Ct O O N N Ln �D v1 Ic N N p M N N op •-- 00 T ar DA 0 0 0 ov N CD N O O O Ch I C� U i I A O O O � � T I 3 � O b O b O rs. w w O d N w rn om � � O O CIO A a w 'U Q {? O cd Oq A Q j 0. b O � N u u Z bo H C3 M W ci © o a a o N N N N ir3 v3 T a Z A © 0 0 0 0 y M r", � p a 0 0 U O CJ bA O O •L � d � O N "CY d- A T: yo CJ � Un au c t8 C U O C O N O 45 N C tn F' O d O O d Ln O Q O V -i V') O N � O 0 0 1.0 I'D 000 O O d0 CQ CDIC C\[ 4 0 O O C O O O O O O O 4 0 0 0 O = O oa a Qca Q Qo Q oc o ©000 O o by oO 0 00 0 00 o ao o co 0 o c ui lf; Q O 4 4 Q O Q 4 0 Q (n V) V) h N tiD �c Gl 01 O - W^ C Oti ll� a Oi �O --- r= oa ao oc ON ov `e � vi m m It to Do 00 ao CJ bA O O •L � d � O N "CY d- A T: yo CJ � Un au c t8 C U O C O N O 45 N C tn F' O d O O d Ln O Q O V -i V') O N � O 0 0 1.0 I'D 000 O O d0 CQ CDIC C\[ � a a P W SSB a bA d c� � O 0 O N w ct �i O � � O u m � U A � C w U t� v� y^ O i•M '� U C N A � o w � .^S O O O U ~ Q CJ bA O O •L � d � O N "CY d- A T: yo CJ � Un au c t8 C U O C O N O 45 N C tn F' O d O O d Ln O Q O V -i V') O N � O 0 0 1.0 I'D 000 O O d0 CQ CDIC C\[ fc no 0 0 0 0 o D O C O c 4oc O C) oo D G!Y TS +ti trTi � 0 0 0 0 � � M a� � o � O kJ w 13. CIO � � l C) .-- u D O > > rH al U O G% i N Cd 4C u G u � � �Uy i?,a y cG cO o a o u E E � v v v 0 .c X00 ell C11 ZQ d' �-�• d � o O O U U � ^{ �C o a o a �D 03 N © O to In 00 O F� 0 0 0 0 0 o c C) a +ti E m w C) 0 0 0 o c 0 0 0 0 0 0 b7 O Lo Cn ."S O_ IT Cti � 0 lD u 00 h <{' M M N N N N N N 0 0 0 W) 00 o0 0 0 0 0 00 o vi vi 0 o c°O�t n � M N S O ^ N 00 o v, N O vl A 00 in M 000 d0' D V ti N � Cto- kn I�f Cl) O 00 t7 i� M ti N O � O r cr to 10 M M 0 od 0 0 0 0 y d o o v) o U'7 V1 V'l V1 M u bA CS h � GA 0 0 C= 0 C) 0 0 0 0 0 0 0 N ':� � o0 000 a a o 0 0 0 0 0 0 0 M M N M liJ L�l V] V7 L? 7 0 0 0 W) 00 o0 0 0 0 0 00 o vi vi 0 o c°O�t n � M N S O ^ N 00 o v, N O vl A 00 in M 000 d0' D V ti N � Cto- kn I�f Cl) O 00 t7 i� M ti N O � O r cr to 10 M M 0 od 0 0 0 0 y h � 0 0 C= 0 C) 0 0 0 0 0 0 0 N ':� � o0 000 Q Q C> 4 O > Ct w C.) a V e L w Vl O OUn 0 U U E U "a O Cd Cd 0 0 0 0 0 ciC O ¢ �4 Q 0 :: O ...n rte+ O ...n Q C) --i p 0 0 Q O 4 CD 0 1=1O N N N N N �y M C p b o w cq o U u o - O .,, � c5 v 25cd L. FE p 0 0 b b O C O O O O O a a< , Cd y a �• ao � H � Lfi W Q V C? O p N N N N ^ Ln r-- 4 0 0 0 0 0 4 � a c a C.) U O 0 0 0 W) 00 o0 0 0 0 0 00 o vi vi 0 o c°O�t n � M N S O ^ N 00 o v, N O vl A 00 in M 000 d0' D V ti N � Cto- kn I�f Cl) O 00 t7 i� M ti N O � O r cr to 10 M M 0 od 0 0 0 0 y N � N w C.) a V e L w Vl N OUn 0 U U E U "a O Cd Cd 0 0 0 0 0 ciC Fl 0 :: O ...n rte+ O ...n Q C) --i p 0 0 Q O 4 CD 0 1=1O N N N N N �y M C p b o o o cq o o n p 0 0 b b O C O O O O O q LO 7t O p p p Q d p Q pp d Cn Q+ p Cl tiD r i- Do O O O O C C O M Cn ON O O O O Cl ON N W� M S N �n lD \D yr to N N M N N n n O* m Gopp vl �Ci �D tiD r oc �o O� Cn v) L/-1 M •� ,-• O OO v-i O n 0 0 0 O O O o Cn et o a 0 o 0 a 0 o o N u r o 0 0 6 I'D C� oo O 6 o p o ;D H O © kn O O O 'D M cc O \D o n N O O V t>A O O O O © © O O O Cl O e Ln Cl d O cD r OD O rl rn Cl O O O •OLD M N v-, O O O O p p p p p d N 0 Ctj n n n n n n n n o r N o o o C � oaoc�000a a H F- U to W � L O L cc 1-4 © 3 �C4 1 w v ani Q IS w zi N va > U v v v �" 40 � b 4 O a/"n'+ a N ❑ .n m ,CJ ,7 -� m U 7 N N N � GAJ N � vi G FGi F4 Qe '�,.5' '�• ca Vcn fW •Q� U d � Qi � Y Y Y Y •� � V A cd a co C Xcn G m G G G G G G G G O O O O O O 6 O cG cit iC iG Cwr` �+ OV3 G U U N � 4U7 dJ N N N U E-( w ��xxr�xrx 5 O pd 0 O p d o o O o0 o d d C b N- N N d N d r- ��- -- C l= Z N N M N M= M N N Q N N N N N N V N D N 10 N M d' 4'r r 4 4 4 N �O A n p n O n O n p O p p O p p p n d p o a o a o u LO G 4 C? .m+l O O � O C rl N d' Q O C:� C) d C) O Q d vz uz � �t -'� OO O i0 O O Ip M M © N O O O O 0 V1 vl v1 v1 V7 [+l M M M c o 0 0 a ooc-1 � 0 0 o I M — N © O C7 �f i O v3 P C? ono �C O Vl ni m N � a C r; bA u u � U OA G Tw O •LiA M �" � i � L Cb t• Cd CC � %i �'' N yU,, Y '^y a �; • y `1 •y N N •� fJ �y p N bU bA ¢ G cd O v w Cd A CS O 0 o N N o a � N L?N e1 N V1 N NM O� N N �D �B O\ N� o m o o o c o o m v Ln � O 0 o r c o Q C) Ci O P �✓ = A a U y cw U Cd � Cl A v O {� w � � O m F7 � GO O � O A n o 0 0 Cd u Q G 4 C? .m+l O O � O C rl N d' Q O C:� C) d C) O Q d vz uz � �t -'� OO O i0 O O Ip M M © N O O O O 0 V1 vl v1 v1 V7 [+l M M M c o 0 0 a ooc-1 � 0 0 o I M — N © O C7 �f i O v3 P C? ono �C O Vl ni m N rL.� a u u � U �" � i � L Cb t• Cd CC � %i �'' N yU,, Y '^y a �; • y `1 •y N N •� fJ O GL p N bU bA ¢ cd CS O 0 o N N o a � N L?N e1 N V1 N NM O� N N �D �B O\ N� o m o o o c o o n o Ln 0 0 o r c o Q C) Ci O P rL.� v tui o Fri o � o d- � Fn N cn 0 0 0 0 0 0 �r d d M O 4 a, .o a 0 0 a 0 a o 0 0 00 C'O N C) c p O c � � u GO N C 0 O O C O C � O O C rn c rl- I- CD o c 0 o a o Q C) Fri Fri a o � M r, r o c 0 0 0 ui o a � 00 r- d CD If} F(F d iJ �A O O C3 d O O en U � N q � a1 vi 0 0 � 0 0 Cd N `D 4 4-4 W C3 V C o } yN y o ci ° it C.0 F N A N � u O ro U O U U d O O O ti O C? U O 0 0 0 0 0 0 �r d d M O 4 a, .o a 0 0 a 0 a o 0 0 00 C'O N C) c p O c � � u GO N C 0 O O C O C � O O C rn c rl- I- CD o c 0 o a o Q C) Fri Fri a o � M r, r o c 0 0 0 ui o a � 00 r- r --.q ct �--1 Q.% lV r ct W r+W€ d O d d o d d d p d C O O O C O O C O C. 0 Cl 0 0 0 0 0 0 i+ dy 0 0 0 0 O 0 0 0 0 0 O 0 0 0 O O O O O O O O O O p C7 p p bB 4 .� DD 00 O �C? lD M O O op - rK O VI V i c0 6l Q1 N dO o0 M �p 00 CD O oc C- CT M oo v1 A oo V) O� d' [� �D- �D N eq =n rS 10 oo N �o [- 4' Ln C', oo vi vi •--� DO cO 00 r- [- IC %0 In It 11, M M N - O CT O O O 01 N M M M ^ O N N M th N Ct M M M M cq M M M N N N N^ OL 0 ay C-4 O •� y O O O d O O O O Q d d o O O O O O O O J O O O O CD Cl d vn O16 0 0 0 0 0 �t^ o © n 0 0 o wi 0 o a o 0 0 0 0 0 0 o a a o lr; o o 6 vi o -� oO N kn t*1 l- oo M P� n n rl O O V) O cl Ln [+'� O V) Vl oo M v2 Ln O n CT N l r -;if n r1 M O t>D i� M Ot M Cr Ol Vl X V} I�b rl oo Ili V1 7r r�- N CT In ' r? O C5 T � oo 00 ,--' h 00 o0 N W a Cd Ic t8 C O o O 63 �J r Ubb O O ❑> ry C7 a .� bR O O C O G O O v L o °� O E y O C C� C D O O d d d d d d d 0 0 0 0 0 CLn O O O r�,q ' O O [z O O O O O O O O O O O O_ O O O OM U dELmm ti d d 0 O O N d 0 0 0 MO 67 o 0 0 o NC'IN- p o 0 0 0 N N d d o d o a N N 6 6N� O N NDI V) vl M VZ V7 a0 a d N c7N oo m 10 O O H {.Z 0 0 N N w Q O 0 0 M '/F O O [- y a� *'O n X 0 0 O p O O d 0 0 0 Lr Q T Q d V n �^ «'1 V} V} OOi VNj �} 3 O O O CD C7 0 5 d d d d d O O O O O O O O O O O O O O O O O O -1O -1C� O p O O p O 0 0 0 C) d b d E EiW CC 0 0 0 0 0 0 0 0 0 0 0 0 O O D O O O O D O O D D O O O O O D D D O ix Li L r G r L. L. W� Li h F-1 E E E i E F- OL 0 ay C-4 O •� w C N ++ O D cl U 0C,3 O N cl0 U ¢1>1 P C5 Cd Cd t8 o '6 D03 63 �J r Ubb G ❑> ry C7 a .� o U yUy v L o E y O C C� C D 0 CLn ,6 U7 r�,q ' n chi 4) •> C j •7 r-" O U dELmm v o 0 0 o NC'IN- p o 0 0 0 N N o 0 N [wV o d o a N N d o 0 0 o a o 0 0 O N NDI V) vl M VZ V7 a0 a d N c7N O 10 N N N N N w 0 0 '/F A CD N N x 0 0 0 0 X 0 0 .-•+ -+ p O O d 0 0 0 +,r �^ O O O � o N rl at O Q Q Wi o vi tr-� Lel) a p p n cin Kdi :t N a O O � oho 0�0 N N © 0 0 opo o N � O 4 O i O O Cl O O 0 0 0 0 0 o C) op N d GO 3� M M O O O � o N rl at O Q Q Wi o vi tr-� Lel) a p p n cin Kdi :t N a O O � oho 0�0 N N © 0 0 opo o N � O 4 O i O O Cl O O 0 0 0 0 0 o aaocao O O oc> O O O c•� oo �n O bA iQ GA � 0 0 0 0 0 C O O O N S2 M Q1 O, O O Q Q O b 0 0 0 0 0 p O O p O C/] U CACA r ^ T � � Al ,--1 G m 3 a ~ �c CUL' 0 � � o CU U O00 Cd O = N L2 c k R U Q O 'pi F��Ow4c� W p 4 p p p N N N N N 10 m rV M Z n 00 w O, 0, A O Q O O O A G O O O � o N rl at O Q Q Wi o vi tr-� Lel) a p p n cin Kdi :t N a O O � oho 0�0 N N © 0 0 opo o N � O 4 O O O O O O Cl O O O O O w U Cl a p 0 p �[} O O a CD O Q Cl O 0 0 0 © .^S O O O O Qi O v� O � O v1 tol N d � a U � n O m v'1 N U 41) C\ O` a\ of kn T ti0 kn 0 rti .••, N Ln Q D' O O C O O O O O •Gll O O p p 0 0 ce) O © O C0 � ul O Q Y1 � A O O0 Ln O N Ct co eq N U oo e4 N O Q +•i M N QJ 6� LL � d\ M N �O O O o� o 0 oU a a 7 Cd kn cG eCN-c k ry N C fry •- O •-• p •-- •- C N N N O OC O O N O N ��Cd l 1.J Q' O 3 O O O O D © f--^ O f M Cl C MCD 7 Vi N © Q D D O O O O O O � U O �� O Oti f�f O Cl OO O O N •U ct �Yy P •-- M O 0 0 A 0 0 a.+ U N m o a - O O O v +n o m O� M M M fn t O O O U fl. M ^ ^ kn c o o IL IL b Lt�3 o 0 o Q U O O o a O ell o n N c i rn m m a o K7O C7 U � U Q, � o O O O O O Cl O O O O O Q CD Q C p 0 p d Q 4 O O a CD O Q Cl O 0 0 0 © O O O O O O Qi O v� +fi O v1 tol � a U [*7 6l ih 41) C\ O` a\ of kn T ti0 kn 0 rti .••, N Ln to D' O O C O O O O O Q Q p O p p 0 0 © O C0 ul V7 Y1 VS O O0 O N Ct co eq N U oo e4 N O d +•i M N �D 6� 01 � d\ M N �O O O o� o 0 oU a a 7 kn kn cG eCN-c k N M ,-• '-' fry •- O •-• p •-- •- C N N N O OC O O N O N O O_O O O d O O O O D © f--^ O C M Cl C MCD CS Vi N © Q D D O O O O O Q n O �� N Oti f�f O Cl OO O O N N l� l� •-- M O 0 0 O 0 0 O m M rl - O O O O� M M M fn t O O O M ^ ^ kn c o o IL IL b o 0 o Q 0 0 o a o n N c i rn m m K7O C7 O F F w` fi W > G O y y a � a U cd cd 0 0 6L o �s03 ti U U U U o� o 0 oU a a cC cG M ,-• '-' fry •- O •-• p •-- •- C N N N O OC O O N O N O O_O O O N S 'n f 1 0 0 0 G7 O f--^ O n O O M Cl M MCD Vl Vi n O Q D D O O CD O O Q O N N N f�f Cl O O M T o d d o d o 0 o d d (=> a d b d o C) 0 0 0 y C C c? 0 0 Cl 0 C C C Cl o 0 C) 0 o b o o b o 0 0 © o V) to 00 00 oo oo oq o 0 0 © 0 0 0 0 V) V1 V1 Vz to Qti Ol CT V1 V7 Vl V) T O ^ CT 4� N o0 OO #- t-; [- A T 01 Q•. Cl1-- L� t� M M M M N M M O a, O ol O Q C O O O O © d C V] O V1 O O O b© G7 a G Q O O O O O b b b 0 0 0 0 C 0 I k 1 a a o 0 �n •F".I O O Ot O p 0 0 M O O �D O O Q O Q O O O 0 0 0 M M O� O D1 O C% C, 7k I• 17 O� m CT M N N C� N M Ln kn V7 M US iy�j � 3 V) i/7 Vl V] Vl �1 1 V) V'1 V} I I V"1 1%1 c,10 M Mm V) l() Yn O d aVM'7 ,m-44 O O O o 0 0 0 0 0 0 o a o 0 ww wwE F E wwLz cd do C ct A rn a u rn y irr � .n 4- v G o au PC �I--I v a R a, �c°�° � •a � zs ^O � � -o � � 'a ,4-j is O fs f O O f � O •i. •f. •L i. 'i: sU• iC t u 04 R o cd 4,1 F" �� T 3.x'0 p ."� O LU N A v" T B C -Z� `U O O D O • O O D D an o O � 3 d ci n a Q o 0 0 0 0 0 0 0 o Q 0 0CDCl 0 0 .Q N b N b N (_moi (=l N N mN Vl in t~ in d' kn to V> t-- V) oo C, 'n kn I) VV)i y V) Vl V7 V"S 1n O_ C7 O O O O O O v u T O d O 4 N N d Qr d rr� W 0 0 0 O O G> O Ca d d d O Ll V� V3 � r f 0 o a a o 0 O O O O Q O 0 0 0 0 0 o a o n o Cb L- pUp ch M m r+i Hy O C) O O O O cl C� a O N N N M i O O O b .J. C 0 CD O O © C) CD C? O O N M d' Cil M 01 m w on c o 0 0 0 m c CD `n o °� o t".i p Q O 1p O C1 O N m CD •ti M M n er YW N Vn Ct C M m m m m A 4 0 0 d O O O O O Q Q.i iL iL �.Tr C r �S cd rJ r" G' �• U `V C"I � Y+�M Cy d (� u o o -� c P 6 cd cd czt A U z v W O rL N 0 o o CN ON p ^' P� c-4 tcq �O A M O O O M O M O c o o a U U O d O 4 N N d Qr d rr� W 0 0 0 O O G> O Ca d d d O Ll V� V3 � r f 0 o a a o 0 O O O O Q O Cb L- O d O 4 N N d Qr d rr� W 0 0 0 O O G> O Ca d d d O Ll V� V3 � r f V CA o 0 � m m o O O O o 0 0 0 o d Q O O O O O Cl Cl Cl Cl d N 00 0 00 .-- 0 C0O OO OOO O (1-1 © O O O 0 In Ln Id - 10 O M M O O [� N 00 Od U'i 00 O N O [- M M G N N N N M d• �o Q O O O 0`fiD N N v'i O b �. aj 3 Q O w � � ccs 'map p u �4 O U O P O O O C, op 0Q M O o v in C- O p O O M C O O O d - v] © O O O o 0 0 10 O M M O N O N N N N O +Y .-c ct + 4 �il �I W � w m V A "6 0 0 y O O � O A m o O O V U � Ch Q O O O 0`fiD N N v'i O b �. aj 3 Q O w � � ccs 'map p u �4 O U O P O O O C, op 0Q M O o v in C- O p O O M C O O O d - 0 0 © O O O O 0 0 10 O M M M N O N N N N N 0 0 0 0 0 N O N N O .-c 0 0 d d O O d• d - ac 00 MM LnL�l 00 oc O O cp li O O d' d - (z. i7 U4 U C C mom„ ami � ca� m y � � � � b W � d 9 L 4° � � d w rn c � O 'CS O © O d N N M N N M O O 00 O fnO d - C7 0 0 0 0 IT —i ao 00 00 �D Lf)M M V7 0 0 0 0 0 oo n n� O O O O A Fri �= co O Fn [� M M tiFJ o ,»^ N fn vl O d O O M 00 O O 00 N M Q 00 0 T O O O O o aFrioo� �oa,m CV w+ Gl C� CA O � O •bA rn Qd 00 M co fil r7 O i•ti 7 O v � cn c�3 FIS O , > Cc 0 N W rig o � rig y C G C i Gw' o > a > 3a d •�'" iii rp 4] F. M GJ p O Q O C) m N Ln 00 00 00 N F!] V) V1 A N1 O Q O Q CIO p O v O d O O M 00 O O 00 N M Q 00 0 T City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/20/2011 Item No. 4 Subject: Adopt Ordinance No. 13-2011; amending the code of ordinances to reorganize and streamline the City's development review process and to modify the composition and duties of certain city boards; amending Chapter 2, Administration, related to committees and commissions; amending Chapter 22 related to community development; amending Chapter 46, related to the Library Board; amending Chapter 54, related to parks and recreation; amending Chapter 110, related to the Board of Adjustment and Planning and Zoning Board, and related to land use decisions and site plans; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. Department: Administration Summary: On August 16, 2011, Staff presented to Council proposed revisions to the Code that would streamline the development approval process and restructure certain advisory boards. After discussion, the Council unanimously passed a motion to proceed with policy and ordinance revisions to implement the recommendations. Ordinance No. 13-2011 addresses the following recommendations: Revisions to the Development Approval Process The goal of City Staff is to establish a development approval process that is user friendly, less costly and time consuming, supports job growth and economic development, and results in a better built environment. Staff proposes to accomplish this goal by revising applications to be more intuitive and informative and by streamlining the site plan review process. Staff proposes to streamline the review process by shortening Staff review timeframes and assuming more of the review and approval responsibilities while relieving advisory boards and the Council of some of their responsibilities. These revisions follow recommendations developed by the Economic Development Commission of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an acronym for Simplified, Nimble, Accelerated, Permitting. During the SNAP process, the EDC and local governments developed a best practices model for both building and site permitting to streamline permitting processes throughout the County. Architectural Review Objectives: 1) To create an architectural review process that results in a more architecturally appealing built environment; provides applicants, architects and engineers with guidelines in designing structures; and makes the review process more objective while continuing to allow for subjective and site specific input by City Staff and Boards; and 2) saves dollars by relieving the Community Appearance Board (CAB) from review of single family homes, small commercial projects, commercial building colors and signs. City Council Meeting Date: 12/20/2011 Item No. & continued gage z Recommendations: 1. Remove Level 1 review as a consideration for the CAB. Level 1 review includes residential construction not exceeding three units and commercial additions exceeding 850 square feet. Level 1 review can be handled by Staff. 2. Remove review of signs by the CAB and clarify that fences do not require CAB review. The City adopted a major revision to the sign ordinance in May 2009 that clearly establishes sign specifications rendering review by the CAB unnecessary. Items addressed in Ord. No. 13-2011: 1. Sec. 22-44 revised to remove Level 1 review as a consideration for the CAB. 2. Sec. 22-40(a) revised to delete review of signs by the CAB and clarify that fences do not require CAB review. Site Plan Review Objective: Expeditiously review site plans thereby saving the applicant and the City time and money. Recommendations: 1. Streamline the review process - Remove responsibility for site plan approval from the Council and restore it to a Staff function. This will accelerate the approval by at least two weeks, usually more, and save the applicant the cost of consultants attending the Council meeting. By the time a site plan set reaches the Council, any significant revisions would be costly and time consuming. 2. Reduce the number of site plans requiring review beyond the Staff level by removing requirement for commercial additions to go through formal site plan review pursuant to Chapter 110-221. 3. Clarify that site plan submittal and Staff review are required for all development and redevelopment projects. 4. Require site plans to be prepared by an appropriately licensed design professional. Items addressed in Ord. No. 13-2011: 1. Sec. 110-223 revised to remove Council from the site plan approval process and make the P&Z Board recommendation a recommendation to Staff. 2. Sec. 110-221 amended to remove commercial additions exceeding 850 sf from requiring full site plan review and thereby making commercial additions subject to Staff review only. 3. Sec. 110-221 revised to call for site plan submittal and Staff review for all development projects. 4. Sec. 110-222 & 223 revised to call for site plan preparation by an appropriately licensed design professional. Variances and Administrative Appeals Objective: To streamline the process for variances and administrative appeals. Recommendation: Discontinue recommendation from P&Z; take variances and administrative appeals directly to the Board of Adjustment. The majority of cities in Brevard County take this approach. City Council Meeting Date: 12/20/2011 Item No. w continued e�5 Item addressed in Ord. No. 13-2011; Sec. 110-37 amended to remove the recommendation from P&Z for variances and administrative appeals. Restructuring of Advisory Boards and Committees All Boards Periodically, the City needs to reevaluate the function and form of its advisory boards. Advisory Boards should be structured in a manner that best serves the needs of the Council and citizens by providing more citizen participation, now and over time, and by being more responsive to the changing economic, aesthetic, recreational and cultural needs of the City. In light of recent revisions to the City Charter, the EDC's S.N.A.P. Initiative, and in an effort to increase citizen involvement, Staff has reevaluated the function and form of the Advisory Boards and Committees and is proposing the following changes. Recommendations: 1. Staff recommends that all Boards consist of seven voting members, rather than five, and that there be no alternates. This will allow for more citizens to participate fully in Board actions, removes second class status from alternates, and precludes non- voting members from coopting Board discussions and deliberations. 2. Board members should be appointed to a single three-year term. Board members may be eligible for one additional term, but should be subject to review by the City Council prior to being reappointed and limited to two terms as is the Council. If Board members desire to serve an additional term, they should reapply and state their case for continuing to serve on the Board with an emphasis on the contributions they have made to the Board. 3. Revise names and duties for the Board of Adjustment, Business and Cultural Development Board, Community Appearance Board, Recreation, and Planning and Zoning Boards. Items addressed by Ord. No. 13-2011: 1. See below for reference to code sections revising the number of voting members for each board. 2. Sec. 2-171(f) has been revised to reflect term limitations for board members. 3. See below for reference to code sections revising the name, purpose and duties for the Board of Adjustment, Business and Cultural Development, Community Appearance, Planning and Zoning and Recreation Boards. Beautification Board Staff believes that there is some overlay of duties between the Beautification Board and the Community Appearance Board and that greater efficiency can be obtained by eliminating the Beautification Board and transferring some of its duties to the Community Appearance Board. City Council Meeting Date: 12/20/2011 Item No. 6 continued Faye 4 Recommendation: Eliminate the Beautification Board and transfer some of its duties to the Community Appearance Board. Items addressed in Ord. No. 13-2011: 1. Sec. 2-181-186 has been revised to delete reference to the Beautification Board. 2. Sec. 22-36 (c) has been revised to add "Tree City" designation responsibilities to the Community Appearance Board. Business and Cultural Development Board The Board has achieved many of its stated purposes including preparation of a commercial redevelopment pian. While cultural activities broadly support business, they are not part of the core mission of an economic development advisory body. Staff believes the purpose and duties should now be focused on economic development and job creation. The Board should be renamed the Business and Economic Development Board (BED) to reflect this change of focus and cultural duties should be transferred to the Cultural and Leisure Services Board. The Board may include some members from the existing board, Visioning Committee members, and business owners or managers in Cape Canaveral. All members shall either live, own or manage businesses in Cape Canaveral. Beyond general economic development, the Board will encourage implementation of the 2010 EDAP. Recommendations: 1. Change name to Business and Economic Development Board. 2. Consist of seven voting members. 3. Transfer cultural duties to the Cultural and Leisure Services Board. 4. Define duties of new Business and Economic Development Board. 5. Board makes recommendations and confers with the City rather than City Council. Items addressed in Ord. No. 13-2011: 1. Sec. 22, Article II - renaming Business and Cultural Development Board as the Business and Economic Development Board and revising the purpose and duties of the Board. 2. Sec. 22-28 revised to call for seven voting members. 3. Sec. 22-33 revised to remove references to cultural duties. 4. Sec. 22-33 revised to define role of BED Board including review of applications for development incentives and recommendation to the City Council regarding granting of incentives. 5. Sec. 22-33 revised to call for Board to confer with the City rather than City Council as the Board works directly with Staff and, as such, Staff becomes the conduit by which policy direction of the Council is conveyed to the Board and, in turn, recommendations of the Board are conveyed to the Council. Board of Adjustment Recommendation: The Board should consist of seven voting members, rather than five, and there should be no alternates. City Council Meeting Date: 12/20/2011 Item No. 6 continued e Item addressed in Ord. No. 13-2011: Sec. 110-2(a) revised to call for seven voting members rather than five. Community Appearance Board Recommendations: 1. Merge duties/responsibilities from the Beautification Board into the Community Appearance Board including "Tree City" designation responsibilities. 2. The Board should consist of seven voting members. 3. Remove responsibility for Level 1 review. Items addressed in Ord. No. 13-2011.- 1. 3-2011:1. Sec. 22-36 amended to transfer responsibility for "Tree City" standards from the Beautification Board. 2. Sec. 22-37(a) revised to call for seven members on the Board. 3. Sec.22-44 amended to remove responsibility for Level 1 review. Planning and Zoning Board Recommendations: 1. Consist of seven voting members. 2. Remove P&Z from variance and administrative appeal process. 3. Board makes recommendations and confers with the City rather than City Council. Items addressed in Ord. No. 13-2011: 1. Sec. 110-3 revised to call for a seven member board. 2. Sec. 110-3 amended to remove advisory responsibilities for variances and administrative appeals. 3. Sec. 110-33 (b) revised to call for Board to confer with the City rather than City Council as the Board works directly with Staff and, as such, Staff becomes the conduit by which policy direction of the Council is conveyed to the Board and, in turn, recommendations of the Board are conveyed to the Council. Recreation Board Recommendations: 1. Incorporate cultural duties formerly handled by the Business and Cultural Development Board. 2. Rename Cultural and Leisure Services Board. 3. Board makes recommendations and confers with the City rather than City Council. Action Item: 1. Chapter 54 revised to change name to Cultural and Leisure Services Board. 2. Sec. 54-28 revised to include cultural events. 3. Sec. 54-28 revised to call for Board to confer with the City rather than City Council as the Board works directly with Staff and, as such Staff becomes the conduit by which policy direction of the Council is conveyed to the Board and, in turn, recommendations of the Board are conveyed to the Council. City Council Meeting Date: 12/20/2011 Item No. (n continued Page 6 On November 9, 2011, the Planning and Zoning Board considered Ordinance No. 13- 2011, and by unanimous vote, recommended that Council approve the proposed ordinance with the following amendment, as shown in bold underline: Page 17, Section 110-221. Submittal and review required, should read as follows: Under this chapter, site plan submittal and staff review shall be required for all development and redevelopment projects, except single-family, two-family, and three family dwelling units, or alterations thereto, and minor commercial improvements. Further, site plan submittal and planning and zoning board review is required for the following... Staff requested the additional language to recognize that while certain projects require a plot plan they do not require the preparation of a full site plan set per code. The Ordinance was passed with amendments to Sec. 2-172. Code of Conduct parts (d), (i) and (1) adding the language "city council members" and "city council' at first reading on November 15, 2011 and the Notice of Public Hearing was published November 18, 2011. Submitting Department Director: Angela Apperson Date: 11-28-11 Attachment: Ordinance No. 13-2011. Financial Impact: Cost to prepare and advertise the ordinance. Savings will accrue to City as fewer board meetings will be held as a result of revisions to the development approval process and the elimination of the Beautification Bvar . Reviewed by Finance Director: Andrea Bowers Date:// t� The City Manager recommends that City Council take t1fe following action(s): Approve Ordinance No. 132011. Approved by City Manager: David L. Greene D .9-d— Date:bi City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 13-2011 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES TO REORGANIZE AND STREAMLINE THE CITY'S DEVELOPMENT REVIEW PROCESS AND TO MODIFY THE COMPOSITION AND DUTIES OF CERTAIN CITY BOARDS; AMENDING CHAPTER 2, ADMINISTRATION, RELATED TO BOARDS, COMMITTEES AND COMMISSIONS; AMENDING CHAPTER 22 RELATED TO COMMUNITY DEVELOPMENT; AMENDING CHAPTER 46, RELATED TO THE LIBRARY BOARD; AMENDING CHAPTER 54 RELATED TO PARKS AND RECREATION; AMENDING CHAPTER 110, RELATED TO THE BOARD OF ADJUSTMENT AND PLANNING & ZONING BOARD, AND RELATED TO LAND USE DECISIONS AND SITE PLANS; 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 V1Il, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City desires to improve the quality and efficiency of its development review process in an effort to make it more user friendly, less costly and time consuming, and to support job growth and economic development in the City; and WHEREAS, in order to facilitate these improvements, the City desires to reorganize and streamline its development review process by modifying certain development review procedures as set forth herein; and WHEREAS, the City additionally desires to restructure the composition and duties of its appointed boards and committees as 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 County, Florida, as follows: City of Cape Canaveral Ordinance No. 13-2011 Page 1 of 21 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 2, Administration. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeon type indicates deletions, while asterisks (* * *) indicate a deletion from: this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS DIVISION 1. GENERALLY Sec. 2-171. Uniform procedures and requirements. (b) Definitions. As used in this section, the terms or phrases listed in this subsection shall have the following meaning: (1) Registered voter shall mean a person duly registered to vote in city elections at all times while serving on a board or committee. (2) Resident shall mean any person living within the city limits at all times while serving on a board or committee, and at least 12 months prior to being nominated, elected or appointed to the board or committee. Business owner shall mean any person who possesses the exclusive right to transfer, and otherwise dispose of an asset hold, use, benefit from, enjoy, convey, t or property of a business located within the City, or a designated employee of that business. ( c) Requirements of board and committee members. Any person nominated, elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: (1) Complete a board or committee application as prescribed by the city council; City of Cape Canaveral Ordinance No. 13-2011 Page 2 of 21 (2) Consent to a standard criminal background check, at the discretion of the city council; (3) Be a resident and registered voter, or business owner, as defined by this section unless the city council by unanimous vote waives this requirement upon a determination that a vacancy on a board or committee must be filled by a person with specialized skills and training and a resident and registered voter, or a business owner, with such skills and training cannot be reasonably found to fill the vacancy. If said requirement is waived, the vacancy shall only be filled by a person who is a resident of the city or who owns a business or real property within the city; =id (4) Have never been convicted or found guilty, regardless of adjudication, of a felony in. any jurisdiction, unless their civil rights have been restored. Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph; and - (5) Complete interviews with the board or committee on which the person is seeking appointment and with the city council. (d) Limitation on number of nonresidents serving on boards and committees. Notwithstanding the foregoing, there shall be no more than 2 voting board or committee members not satis n both the residency and re istered voter requirements allowed to be appointed or elected to the maximuni rmmber of persons ntit satisfying both the reside and registered -voter requirements of this section that cmT serve oj a particular board or committee with the exception of the business and economic development board of which only two (2) of the board members are required to be residents shall be equal to 25 pereel of the total number of voting board or eanimittee mem-bers allowed to be appointed or elected to that particular board or committee. (f) Term. All board and committee members shall be appointed to serve a three-year terms and maybe reappointed by the city council for art one (1) additional three-year term . There shall be no limit on the total number of terms -a board or committee member may serve, except no person shall be appointed to more than two (2) consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the city council may appoint a member to a term of less than three years in order to stagger the terms of the entire board or committee. if a member is removed, or vacates their appointment for any reason, including death, excessive absence, or resignation, prior to the expiration of their term, the city council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. City of Cape Canaveral Ordinance No. 13-2011 Page 3 of 21 Sec. 2-172. Code of Conduct. Reserved. In addition to adhering to the requirements of state law, any person appointed to serve as a member of a city board or committee shall commit to the following code of conduct by written affirmation which shall remain on file with the city clerk as follows: (a) I affirm that the j2roj2er statutoEy and City Charter role of members of 2prointed Cit boards and committees as with any member of an appointed government body, is to act collectively, not individually, to apply the city's governing policies, and that the citymanager and staff administer such policies. I understand that an appointed board or committee member does not manage the affairs of the city. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes City Code and Oty Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a mi orit vote of the city council and not the individual wishes of board or committee members. Lc I will represent the interests of the entire city when making decisions and will rely upon available facts and my independent judgment. In my capacity as an appointed board or committee member, I will avoid conflicts of interest and avoid using my official position for personal, professional, or partisan gain. I will demonstrate dimity, respect, and courtesy toward those whom I am in contact with in my capacity as an appointed board or committee member. I will refrain from intimidation and ridicule of fellow board or committee members, city council members, city manager, city attorney, staff, citizens of the city, and city utility customers. (e) In my capacity as an a ointed board or committee member, I will refrain from inappropriate language including statements that are malicious threatening, slanderous disparaging, mean-spirited, vulgar or abusive. All disagleements, concerns or criticisms shall be framed in lang2age that is in kee]2ing with the digniLy and professionalism of an appointed official and the honor of my respective city board or committee. (f) I will focus on jolving problems. I will maintain Appropriate decorum and professional demeanor in the conduct of city business and work cool2erativelY and conscientiously with others as I request or receive information examine data or weigh alternatives in the decision-making process. (g) I will demonstrate patience and refrain from demanding, interni Live access to staff or immediate res onses or services when reguesting information that re uires si ificant staff time in research preparation or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing City of Cape Canaveral Ordinance No. I3-2011 Page 4 of 21 through consensus of my respective city board or committee. I will devote adequate time for preparation prior to my respective city board or committee meetings and as much as possible, I will be in attendance at such meetings and all other scheduled events where my participation is required. I will respect diversity and encourage the open expression of divergent „ideas and opinions from fellow board or committee membersLity council members city manager, cit attorney, staff, citizens of Cape Canaveral, and city utility customers. I will listen actively and objectively to -others' concerns or constructive criticisms. I will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and my fellow board or committee members. I will delineate clearly for an audience whether I am acting or sl2eaking as an individual citizen or in my capacity as_a city board or committee member. I will maintain the confidentiality ofj2rivileged information and will abide by all laws of the State of Florida applicable to My conduct as a board or committee member, includin but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct. (1) 1 will promote constructive relations in apositive climate with, all members of the city council, city employees, city attorney, and city contractors and consultants consistent with my role as a board or committee member, as a means to enhance the productivity and morale of the city. I will support the city manager's decision to employ the most qualified persons for staff positions. I will recognize the bona fide achievements of the city council, city manager, staff, city attorney, city contractors and consultants, business partners, and others sharing in, and striving to achieve, the city's mission. Lmj I will enhance my knowledge and ability to contribute value to the ci!y as a board or committee member by keeping abreast of issues and trends that could affect the city through, reading,continuing education and training. I will stud olicies and issues affecting the cit and will attend training programs if required by the city. My continuing oal will be to improve my performance as a board or committee member. Ln� I will value and assist my fellow board or committee members by exchan in ideas concerns and knowledge throuh lawful means of communication. I will help build Positive community support for the city's mission and the policies established by the city council. Lo� I will su ort and advocate form beliefs but will remain open to understanding the views of others. I recognize that I share in the rqspmsibifity responsibilityfor all City decisions that m respective board makes and will accept the will of the majority. �p) As a board or committee member, I will always hold the best interests of the citizens of the city and the public health safety and welfare of the community in„the ,highest regard. City of Cape Canaveral Ordinance No. 13-2011 Page 5 of 21 I will seek to provide a ro riate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (q) I will be accountable to the city council for violations of this code of conduct. Sec. 2-172 2-173 — 2-150. Reserved. DIVISION 2. RESERVED BEAUTIFICATION BOARD Secs. 2-181. — 2-205. Reserved. �....ar r�.r r.:•r:riyxwnawiwrii•:iii•`e�s �:xii••�s�•inna:■. ri•u.a:r:•su'x•rin FAM111-ratqUJO MILI.Art- W!_ - I W.34- - - - - - I L"40 - ■ - - -- i ■ I - I -y t1w 1�f! 411M. PIFFIRIMINIIIII an it M lain a III I�fl�■IRSi�i�R6i�FiPl�1■ilil�fi _ _!f .. �f ■ i Section 3. Amendment to Chapter 22, Community Development. Chapter 22, Community Development, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby City of Cape Canaveral Ordinance No. 13-2011 Page 6 of 21 amended as follows (underlined type indicates additions ander type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 22. COMMUNITY DEVELOPMENT ARTICLE Il. BUSINESS AND ECONOMIC DEVELOPMENT BOARD Sec. 22-27. - Established. The city establishes a business and economic etth=a! development board in and for the city. Sec. 22-25. - Composition. The business and economic ettlittiral development board shall consist of seven 7 five regular members. See. 22-33. - Purpose and duties. to: The business and economic gyral development board shall have the purposes and duties IRVIO I NIPPON PRIME IN lltw7=NJir4tl M�ilt-44§Mro Piro litual I oil- PON 11.2w. a Item 111�wz - -:. . - I - : f VON -WAMENILIM"KWO101. P. City of Cape Canaveral Ordinance No. 13-2011 Page 7 of 21 (12) Provide recommendations to the city related to the iftnplementation of the cotincil- approved commercial redevelopment plan prepared in 2007, the recommendations of the 2009 Community VisionjEL Committee and its Vision Statement and the Economic Development Action Plan prepared in 2010unded by the council. as directed and f (2a) Confer with and advise the city eotnrei-1 on all matters concerning the development of commerce mire ei. The board shall encourage high value business investment and job creation in the city and advise the city on actions to undertake in„accomplishing this goal. Actions may include code revisions that remove barriers to development for desired businesses, creation of development incentives such as a community redevelopment agency and brownfzelds redevelopment program, creation of mixed use land use and zoning districts, revisions to current zoning districts to allow for desired types of development, amore others. hers. (34) As maybe requested, act as liaison for the city in the area of public relations with the following: a. Cocoa Beach r°i= RegionalChamber of Commerce. b. Canaveral Port Authority. C. Eotry Economic Development Commission of Florida's ,Space_ Coast £eil. d. Other similar organizations or agencies which., in the opinion of the business and economic crttural development board, would be appropriate for such liaison.; and dre (45) Determine from existing commercial enterprises in the city and interested outside entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and encourage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action. (5{) Advise the city Trarrager of the advent of any new commercial activity, i.e., new businesses, significant change in existing businesses, etc., in the city's commerce in order that timely and appropriate recognition by the city can be effected. (6-7) Cooperate with all community groups, which are dedicated to orderly commercial expansion of the city and furnish them with aid and advice as is deemed appropriate. ( -9) Generally, encourage in any manner the development of business, commerce, industry and tourism in the city. City of Cape Canaveral Ordinance No. 13-2011 Page 8 of 21 (89) Investigate sources offinancial assistance available to the city from the governmental or private sector and assist the city as directed by the eity eou in properly applying and promoting the successful acquisition of the assistance. For the purpose of this article, financial assistance may be in the form of grants, low interest loans or physical property, including that of real or personal nature. Activity in the private sector will be limited to established foundations. Review and consider the meats o applications atio,ns for Economic Development Ad Valorem Tax Exemptions; mare recommendations to the city council as to whether or not to grant the exemption, and if the exemption is granted, the percentage of the exemption and period of time for the exemption; mare recommendations related to additional incentives, including, but not limited to development fee waivers and financial contr..,, .......__._ ibututions. Sec. 22-34. - Advisory capacity. The powers and duties of the business and economic cultuTa development board are of an advisory nature only, and the board shall not have any powers or duties which conflict with or supersede the powers and duties of other city boards. Sec. 22-35. - Indebtedness. The business and economic enitural development board shall not incur any debts or enter into any contracts or obligations, which would be enforceable against the city, unless prior approval has been obtained ftom the city council. ARTICLE III. COMMUNITY APPEARANCE REVIEW Sec. 22-36. Statement of findings and purpose. (a) The logo of Cape Canaveral, and its accompanying motto "Sun, Space and Sea," signifies Cape Canaveral's unique cultural character and beauty. Indicative of Cape Canaveral's uniqueness is its reputation as primarily a residential waterfront community with beautiful beaches and scenic ocean vistas, within close proximity to several internationally renowned tourist destinations including the Kennedy Space Center and several major cruise ship terminals. (c) The facilitator of this effort shall be the community appearance board whose primary purpose shall be to encourage unifonn architectural standards and cohesive community development consistent with the intent and purpose of this article and the standards necessary to maintain the "Tree City" designation. City of Cape Canaveral Ordinance No. 13-2011 Page 9 of 21 (g) The essential foundation of beauty in communities is harmony. The plan for achieving beauty must grow out of out special local characteristics of site, development and redevelopment potential. Some local areas of natural beauty are the beaches, ocean and the Banana River. The vistas and visual delight of these should only be enhanced. See. 22-37. Board established; membership; qualifications of members. (a) .Established. There is hereby established a community appearance board which shall consist of frre seven 7 members. Sec. 22-39. proceedings of the board. (a) Meetings shall be held as necessary and when held, preference shall be given to on the first and or third Wednesday of each month for a particular meeting. The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. Sec. 22-40. Approval prerequisite for permits. (a) Without exception, the following shall be approved by the community appearance board before a permit is issued for development of property which has an exterior, visual impact or effect on the community: (1) All plans and; elevations and rroposed signs for buildings or structures, except fences, within any zoning district, or any alterations thereto. (2) Exterior building and roof colors for non-residential development within the C-1, C-2, and M-1 zoning districts, or any alterations thereto. (b) Notwithstanding paragraph (a) of this section, if the building offi city manager or designee determines (at his or her sole discretion) that an brilding pCir,it application for community appearance approval is minor or insignificant, the city manager or designee building official may grant the-permi approval without submitting the application to the community appearance board for approval, providing the ptrmit approval is consistent with the intent and purpose of this article. For purposes of this paragraph, the phrase "minor or insignificant" shall mean a small scale renovation or modification project affecting a small site and having a nominal exterior visual impact and effect on the community. Any party or person adversely affected by a decision made by the building offi city manager or designee may appeal such decision to the community appearance board. City of Cape Canaveral Ordinance No. 13-2011 Page 10 of 21 See. 22-42. Procedure. (a) Submission of application. All applicants for a building permit, subject to the provisions of this article, shall submit to the city manager or designee bU-11lu}ing alitial the documents prescribed in section 22-44, together with an application fee to be adopted pursuant to appendix B. (b) Scheduling and notice of hearing. Upon receipt of the required documents, the cLty manager or designee builder shall forthwith schedule a hearing on the application before the community appearance board. Notice of the time and place of the public hearing shall be given to the applicant at least seven days prior to the date of the public hearing. Public notice of the time and place of the public meeting shall also be posted at places within the city deemed reasonably appropriate for providing such notice. Public notice shall also contain the name of the applicant, a general description of the property, and a general description of the applicant's applicaiio request. Sec. 22-44. Application criteria. Upon an application created by the b-ailding offi city manager or designee, an applicant shall submit the following application criteria to the btfilding offi city manager or designee for consideration by the community appearance board: (1) Levellrevie r i • • r r i i• r -e in num mFA mur. ovial_ • e ■ i 011:11 WMAMOIJIM W NO WIA ILI • i�i+Y-1■■■■�llr ■■ 1 ■11�I<�■ ■■l•Dr l# L�X'A no INN r i -awaLI r r: • e. r i t i f �1 Uri\1•LONNIMF FARM" M'99 lr11-1w,i1CII (Commercial, residential subdivisions, four or more multifamily residential, n-nd industrial, and mixed-use riot rove, edin tevel 29.- a. Vicinitynaap locating all zoning classifications, including orientation of all color photographs; City of Cape Canaveral Ordinance No. 13-2011 Page 11 of 21 b. For new development of unimproved property, a rendered concept plan depicting, in detail, location of landscaping and all the elements on the site; C. All preliminary elevations; d. Materials, texture and colors board depicting location of colors; and e. Minimum of three color photographs of site and setting, (a2) Level -3 2 review (Change of exterior building or roof color upon commercial or mixed-use buildings or structures within the Gl, G2, or M-1, or overlay zoning districts): a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. Materials, texture and color board depicting location of colors; and C. Minimum of three color photographs of site and setting (surrounding area). Sec. 22-45. Concept plans. All concept plans submitted for consideration under this article for the new development of unimproved property shall indicate the following sufficiently: (5) A conceptional conceptual preliminary landscaping plan; Section 4. Amendment to Chapter 46, Library Board. Chapter 46, Library Board, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeotrt type indicates deletions, while asterisks indicate a deletion from this Ordinance of text existing in Chapter 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 46. LIBRARY BOARD ARTICLE II. LIBRARY BOARD City of Cape Canaveral Ordinance No. 13-2011 Page 12 of 21 See. 46-26. Created. There is created a library board to consist of fivt seven(7),members. Section 5. Amendment to Chapter 54, Parks and Recreation. 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 strikeottt 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 II. REeREmFi CULTURE AND LEISURE SERVICES BOARD Sec. 54-26. - Established. There is created a men culture and leisure services board to consist of seven (7) members. Sec. 54-28. - Duties. The recreation culture and leisure services board shall advise the eottneil c� on matters pertaining to cultural events, public parks and recreation and shall serve in such other similar matters as the cotincif city may direct. Sec. 54-29. - Indebtedness. The recreation culture and leisure services board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained frorn the city cotnicil. Section 6. Amendment to Chapter 114, Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 13-2011 Page 13 of 21 CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-2. Board of adjustment. (a) A board of adjustment is established and shall consist of seven 7 five members. Sec. 110-3. Planning and zoning board. (a) The planning and zoning board is established and shall consist of seven 7 frre members. (b) The planning and zoning board shall operate exclusively in an advisory capacity t(7 the city council and the board of adjustmerrt for variances and special , and no ruling, decision or recommendation of the board shall be binding on the eotineif. (e) The planning and zoning board shall make recommendations to the board -of ardjustmen concerning rezonings, special exceptions and site plans rarianees in accordance with this chapter. NW.W1 ARTICLE IL PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY Sec. 110-29. Applications. The city manager or the city manager's designee is hereby authorized to prepare applications in furtherance of this chapter. At a minimum, all applications for rezonings, variances, special exceptions, and administrative appeals shall be accompanied by the applicable application fee adopted by the city council and shall contain the following information: (8) For rezonings, variances, and special exceptions, applicants shall provide to the city, at least 30 days in advance of the first public meeting at which the request will be considered, plamfing =rd zoning board n , the names and addresses of all affected property owners. City of Cape Canaveral Ordinance No. 13-2011 Page 14 of 21 For the purpose of this requirement, an affected property owner or owners shall mean any property owner or agent of record owning property which lies within a radius of 500 feet from any boundary of the property for which the application is sought, as reflected in the survey or that portion of the map maintained by the Brevard County Property Tax Appraiser reflecting the boundaries of the parcels affected. DIVISION 3. VARIANCES Sec. 11.0-36. Variance application obligations. (b) Variance applications shall be submitted at least 30 days prior to the board of adjustment meeting at which such application is to be considered. See. 110-37. Procedure. (a) The board of adjustment pimming and zoning bo=d shall be required to review all variance applications and shall make a final decision on each application n for the board's recommendation and show the, board has conside based on the applicable variance criteria set forth in this section. (be) All variance decisions shall be based on an affirmative finding as to each of the following criteria: (1) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. (2) That literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. (3) That the special conditions and circumstances referred to in subsection (1) do not result from the actions of the applicant. (4) That approval. of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. City of Cape Canaveral Ordinance No. 13-2011 Page 15 of 21 (5) That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (6) That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (d c) Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved or any use expressly or by implication prohibited by this chapter. DIVISION 5. ADMINISTRATIVE APPEALS Sec. 110-40. Administrative appeals. (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. Any of the following may seek review of an administrative decision pursuant to this section: (3) Any person aggrieved or affected by any decision of an administrative official the building officia in the interpretation of any portion of this chapter. (b) Appeals shall be taken within 30 days after such administrative decision is made by filing a written notice of appeal with the city clerk's office building offi and the board-rrf adjustment stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, thecjty clerk's office building offial shall work with the appropriate department to schedule the appeal before the board of adjustment and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. (e) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, unless the btffldin administrative official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that, because of facts stated in the certificate, a stay would, in the administrative building official's opinion, cause imminent peril to life and property. In such case where the administrative building official makes such certification, proceedings shall not be stayed other than by an injunction, which may be granted by the board of adjustment or issued by a court of competent jurisdiction. City of Cape Canaveral Ordinance No. 13-2011 Page 16 of 21 ARTICLE VI. SITE PLANS Sec. 110-221. Submittal and review required. Under this chapter, site plan submittal and staff review shall be re aired for all development and redevelopment projects, except single-family, two-family or three-family dwelling units, or alterations thereto, and minor commercial improvements. Further, site plan submittal and planning and zoning board =rd review arc is required for the following: (1) New commercial buildings or structures. (2) New residential structures with four or more dwelling units. Sec. 110-222. Criteria required. Site plan criteria required under this chapter shall be as follows: (1) Plan drawn to scale by an appropriately licensed design professional, no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site data: Sec. 110-223. Review procedures. (a) Five the required number of copies of the site plan, prepared, signed and sealed by an appropriately licensed design professional , shall be filed with the planning and development „-department but-fl-dirrg1O-M.Fair no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review. Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the planning and development erg department to the following department heads directors for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building and code enforcement department. (3) Fire marshal. (4) Public works services department State depaTtment of environmenta! City of Cape Canaveral Ordinance No. 13-2011 Page 17 of 21 ( c) Within 14 days of the time the plans are received by the various department heads directors, they shall submit, in writing, to the planning and development btfflding department, a written report commenting on factors relating to the site plan. (d) The btilding planning and development department shall give a copy of the written comments to the applicant or his representative to review, respond to and make any changes he deemeds appropriate to conform to the comments and recommendations from the department directors heads. (e) The applicant shall submit semen the required number of copies of the revised site plan, along with the his architect's and engineer's comments; in response to the department hem reviews, to the building planning and development department no later than five days �e-� p2 (f) All plans shall be made available to the planning and zoning board for its review and recommendation to the city manager or the city manager's designee the city conn . The planning and development director building offi shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (g) The planning and zoning board, following a duly noticed public hearing and review of any submitted site plan, shall make a written recommendation to the city manager or designee city council recommending approval, approval with conditions, or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Upon receipt of the planning and zoning board's recommendation,and fbHawing-a rtrblie hearing and review of the submitted site p the city manager or designee city eo'tmmil shall make a final decision. on the application approving, approving with conditions, or denying the application. Following the decision by the city manager or designee on each site plana lication the city shall send to the applicant written notice of the action taken and the right to appellate review. The city shall additionally provide notice on the city's website of the decision on each site plan reviewed pursuant to this article and the right of interested parties to a eal same. if the city eottneil determines that the plaming mid zoning board 1 not trade a rccomin=dation on an applicafionwithin a reasonable period of time, the -city cotincil 3 at its 9 eonsider an application withott the planning and zoning board's recommmidation. Any decision of the city cotmeil is final and subject to judicial I %,, V 1�,- (i) If the city manager or designee elects to grant conditional approval of a site plan subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If City of Cape Canaveral Ordinance No. 13-2011 Page 18 of 21 all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90 -day period; or the date the city manager or designee building officrai—certifies by notation on all city site plan copies, that all conditions and/or contingencies are satisfied, whichever first occurs, if the conditions and/or contingencies are not satisfied before the expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90 -day compliance period may be extended at the discretion of the city manager or designee city couneff, upon written request of the applicant prior to the expiration of the 90 -day compliance period, and where the applicant demonstrates unusual circumstances or undue hardship. Any party adversely affected by a final site plan determination of the city manager or designee may appeal such determination to the city council. Parties seeking appellate review shall submit a_request for appeal in writing to the city clerk within thirty (30) days of the city manager's or desi ee's determination. The city clerk shall schedule the cit council's consideration of the E12eal for the next available Tq_gular city council meeting and shall provide the party seeking appellate review with written notice of the date time and location of said meeting. The city council's consideration of the site plan determination being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse, wholly or in part, the determination of the city manager or designee. Failure of any adversely affected party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to judicial review. (k j) A proposed site plan shall not be considered by the city The pla=ffig and zoning board mid city counrif shaff have no authority to consider a proposed site p unless: (1) The applicant has adequately and completely addressed all items on the site plan checklist prepared by the planning and development department building official; and (2) The applicant has otherwise complied with all matters contemplated under this section. i..Rl�•ii.L�!!i•lflf■.f - - - - - wn.r•n•i�,nw�sr�rwr _ e • ri i • • ■ :rr a�� i r See. 110-224. - Expiration. All site plans approved under this article shall expire in 12 months £x-om after the date of final approval of the pl=ming and 2oning board,- unless the building permit for construction of the principal structure is issued or the applicant files with the city in writing a request for time extension for such site plan. The city manager or designee ma , City of Cape Canaveral Ordinance No. 13-2011 Page 19 of 21 at his or her sole ifis discretion, grant the request for extension such requests for city conncif approval by resol only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six months. Section 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adapted by the City Council., or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 8. 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 9. 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 10. 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 20th day of December, 2011. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoag Buzz Petsos Rocky Randels Betty Walsh First Reading: November 15, 2011 Legal Ad published: Second Reading: December 20, 2011 City of Cape Canaveral Ordinance No. 13-2011 Page 20 of 21 Approved as to legal form and sufficiency for the City of Cape Canaveral only by; ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 13-2411 Page 21 of 21 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 1212012011 Item No. Subject: Adopt Ordinance No. 15-2011; amending Article III of Chapter 10 regulating the permitting of outdoor entertainment events; providing an exemption for City organized events; providing that the City Council may contract for certain special events and vary or waive provisions of the code to promote economic development or cultural events; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. Department: Administration Summary: The Leisure Services Department submits approximately 35 Outdoor Entertainment Event Permit Applications per year. Most of them are for recurring events. The current Ordinance requires all event applications to be submitted and approved separately. This creates an administrative burden that is unnecessary. This Ordinance revises Section 10-46 and adds a new subparagraph (c), exempting City - organized events from the permitting requirements. By current administrative policy, all event applications are reviewed by a Committee consisting of representatives from Building, Fire, Police, Leisure Services and Public Works Services. The administrative policy will continue to be applied to City -organized events. Additionally, this Ordinance creates a provision by which the city may contract with parties seeking to conduct recurring outdoor entertainment events that promote economic development within the City or provide a cultural attraction or event for residents and visitors of the City. Through the negotiation of any such contract, the City Council may vary or waive certain terms and conditions of this ordinance in furtherance of promoting economic development and/or the cultural attraction or event. The Ordinance was passed at first reading on November 15, 2011 and the Notice of Public Hearing was published November 18, 2011. , Submitting Department Director: Angela Apperson Date: 11/28/2011 Attachment: Ordinance No.15-2011 Financial Impact: Cost to prepare and advertise the Ordinance. A savings will be experienced with the streamlining of administrative req4iiarpents. Reviewed by Finance Director: Andrea Bowers Date: / I aO Pt The City Manager recommends that City Council t e following action(s): Approve Ordinance No. 152011. Approved by City Manager: David L. Greene (9 - Date: o City Council Action: ( ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 15-2011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III OF CHAPTER 10 REGULATING THE PERMITTING OF OUTDOOR ENTERTAINMENT EVENTS; PROVIDING AN EXEMPTION FOR CITY ORGANIZED EVENTS; PROVIDING THAT THE CITY COUNCIL MAY CONTRACT FOR CERTAIN SPECIAL EVENTS AND VARY OR WAIVE PROVISIONS OF THE CODE TO PROMOTE ECONOMIC DEVELOPMENT OR CULTURAL 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 Council recently adopted a revised and updated comprehensive application and permitting process for outdoor entertainment events conducted in the City of Cape Canaveral; and WHEREAS, the City Council, in furtherance of encouraging the efficient and streamlined planning and production of City organized outdoor entertainment events, desires to exempt City organized events from the City's application and permitting requirements; and WHEREAS, the City Council desires to provide a degree of flexibility in permitting outdoor entertainment events that promote economic development or provide a cultural attraction or event in the City; 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 10, Amusements and Entertainment, ofthe Code of Ordinances, City of Cape Canaveral., Florida, is hereby amended as follows underlined type City of Cape Canaveral Ordinance No, 15-2011 Page 1 of 3 indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text 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 ENTERTAINMENT ARTICLE III. OUTDOOR ENTERTAINMENT EVENTS DIVISION 1. GENERALLY Sec. 10-46. General Provisions. City anized events. City organized events shall not be subject to the permitting requirements of this article. (f) Outdoor entertainment event agreements. The city may contract with parties seekin to conduct outdoor entertainment events that promote economic development within the City or provide a cultural attraction or event for residents and visitors of the City. Through the negotiation of any such contract, the City Council may vary or waive certain terms and conditions of this ordinance in furtherance of promoting economic development and/or the cultural attraction or event. Sec. 10-47. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: City organized events shall mean any outdoor entertainment event planned and conducted by the city. Ci!y organized events include but are not limited to Ffiday Fest Movies in the Park Fall Festival/Chili Cook Off, Monster Mash Halloween Party, Racquetball Tournaments, Healthy Kids Fair Reindeer 5K Run/Walk Sj2ring Festivaj,_Egg Hunt and Back to School Jamboree. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 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. City of Cape Canaveral Ordinance No. 15-2011 Page 2 of 3 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 treading 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 20th day of December, 2011. ATTEST: Rocky Randels, Mayor For Against John Bond Angela Apperson, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: November 15, 2011 Legal Ad published: November 18, 2011 Second Reading: December 20, 2011 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 15-2011 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/20/2011 Item No. _ Subject: Adopt Ordinance No. 14-2011; amending Article III of Chapter 74 related to stopping, standing and parking; providing for definitions; prohibiting parking in designated areas; authorizing metered parking in designated areas of the City; establishing parking fines and penalties; authorizing towing and immobilization of illegally parked vehicles; providing for administrative review and appeals; authorizing annual parking permits; establishing regulations for towing vehicles from private property; making conforming amendments to Chapter 110 related to beach -end parking in the R-3 Medium -density Residential Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date. Department: Administration Summary: The use of parking meters has been studied since FY 2008. In June 2011 Council reached consensus to move this item forward. At the July 19, 2011 City Council meeting a motion carried by a 3-2 vote to approve implementation of the Parking Meter program at each Presidential street beach end and at the beach end in Harbor Heights, including identified support systems and making the meter system purchase utilizing the Ft. Lauderdale contract with Digital Payment Technologies Corporation. The meters were delivered December 7, 2011. A summary of the Ordinance follows: Section 74-55 creates definitions for the Article. Section 74-56 adopts Florida Statutes for stopping, standing and parking regulations. Section 74-57 authorizes the establishment of no parking zones. Section 74-58 continues the authority to designate fire lanes as currently provided in the Code. Section 74-59 identifies areas where parking is prohibited. This section includes language recently adopted related to parking within any portion of a right-of-way, improved or unimproved and includes sidewalks; paved portions of any shoulder or berm; bicycle paths, crosswalks, medians and fire lanes. It also continues the current prohibition of parking on a beach end street east of Ridgewood Avenue overnight between the hours of 10 pm and 5 am, as well as parking on the ocean dunes. The section does not apply to the parking of any commercial vehicle on the right-of-way while the operator of the vehicle is actively engaged in deliveries, lawn maintenance or other trade activity upon an abutting property. Section 74-60 establishes the parking meter program and allows for the fees to be set forth in the City Code, Appendix B — Fee Schedule. Section 74-61 sets forth violations of the article to include: illegal parking; overtime parking, (aka - no time remaining on the meter); depositing any slug device or inappropriate substitute for monetary payment; and tampering with or damaging an immobilization device. Section 74-62 outlines the fees, fines and penalties for parking; violations and the surcharge on the citations which funds the School Crossing Guard Program, Section 74-63 covers towing of vehicles and the use of immobilization devices. ' o City Council Meeting Date: 12/20/2011 Item No. continued Page 2 of 2 Section 74-64 addresses the periodic reporting to the Department of Highway Safety and Motor Vehicles for persons who have three (3) or more outstanding parking citations. Section 74-65 authorizes the Financial Services Department to dismiss a parking citation when a meter is found to be defective or not functioning properly and when a permit holder fails to display a valid permit placard. Section 74-66 outlines the appeal process for a parking citation. Section 74-67 provides for a Special Event Parking Rate. Section 74-68 establishes the nontransferable annual parking permit and allows city residents to request a portion of their ad valorem taxes paid to the city be used to offset the cost of one (1) parking permit per household. Section 74-69 covers the process for towing unauthorized vehicles from private property. This Ordinance also amends Section 110-321, protection of public beach end parking to accurately reflect the number of spaces in existence and Section 10-72, metered parking from the Outdoor Entertainment Section of the Code to be consistent with the use of the Special Event Parking Rate. The Ordinance was passed at first reading on November 15, 2011 and the Notice of Public Hearing was published November 18, 2011. After the November 15, 2011 City Council Meeting, the City Attorney revised Section 74-55 Definitions regarding Parking meter space, Section 74-61(e) to include tampering or damage to a parking meter as a violation of the Ordinance; and Section 74-63(b), removed the phrase, law enforcement officers, which are already included in the definition of "duly authorized city representatives." Along with this Ordinance, Resolution No. 2011-30 designating the metered parking zones and Resolution No. 2011-31 establishing the fees associated with the Code section, are presented as a separate agenda item. Submitting Department Director: Angela Appersop7,t�-j Date: 11/28{2011 Attachment(s): Ordinance Na. 14-2011 (Financial Impact: Cost to prepare and advertise the.. Ordinance. Implementation of the parking and citation fees, barring no unforeseen circumstances, should provide net revenue of approximately $100,000 for a complete year. (Reviewed by Interim Finance Director: John McGinnis te: I -�, /q The City Manager recommends that City Council take the following actio (s): Approve Ordinance No. 14-2011. Approved by City Manager: David L. Greene 31` 'tom Date: /�L 9//l City Council Action: j Approved as Recommended ] Disapproved ( ] Approved with Modifications [ j Tabled to Time Certain ORDINANCE NO. 14-201.1 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE III OF CHAPTER 74 RELATED TO STOPPING, STANDING AND PARKING; PROVIDING FOR DEFINITIONS; PROHIBITING PARKING IN DESIGNATED AREAS; AUTHORIZING METERED PARKING IN DESIGNATED AREAS OF THE CITY; ESTABLISHING PARKING FINES AND PENALTIES; AUTHORIZING TOWING AND IMMOBILIZATION OF ILLEGALLY PARKED VEHICLES; PROVIDING FOR ADMINISTRATIVE REVIEW AND APPEALS; AUTHORIZING ANNUAL PARKING PERMITS; ESTABLISHING REGULATIONS FOR TOWING VEHICLES FROM PRIVATE PROPERTY; MAKING CONFORMING AMENDMENTS TO CHAPTER 110 RELATED TO BEACH - END PARKING IN THE R-3 MEDIUM -DENSITY RESIDENTIAL ZONING DISTRICT; 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 VfH, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to establish a parking meter program in the City of Cape Canaveral as an additional means of revenue; and WHEREAS, in furtherance of establishing its parking meter program, the City Council desires to establish uniform rules and regulations related to parking and penalties for violations of same; and WHEREAS, the City Council desires to streamline and update its existing stopping, standing, and parking regulations set forth in Chapter 74, Vehicles and Traffic, to provide a comprehensive and efficient set of regulations; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 14-2011 Page 1 of 16 Section. ll. 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 strikeottt 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 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 11. TRUCKS Secs. 74-33. — 74-5554. Reserved. ARTICLE 111. STOPPING, STANDING, PARKING Sec. 74-55. teed. Definitions. As used in this article, the following words shall have „the following definitions, except ifthe text clearly denotes otherwise: Acte tahZe maneta payment shall mean United States currency including one -dollar bill five -dollar bill, ten -dollar bill, or twenty -dollar bill, credit card, debit card, smart card or other acceptable legal tender accepted by a parking meter to purchase parkingtime. Beach end street means a street within the city that has as its cast terminus the Atlantic Ocean or the dune line which runs north and south parallel to the Atlantic Ocean. Commercial vehicle and trailer shall mean any agricultural, construction or industrial equipment, or any bus, step van, commercial truck or tractor. The term shall include any motor vehicle upon which commercial lettering has been affixed. The term shall also include, but shall not from necessarily be limited to, a pickup truck with an altered cargo box, or whit _ �.. , which the,car&o box has been removed. Any motor vehicle with tools, building materials or merchandise visible from the street or from abutting residential property shall also be deemeda commercial ""_.,.._..__. vehicle. Dul authorized cLoLrepresentative shall mean any city employee or employees of the Brevard County Sheriff's Office or Cape Canaveral Volunteer Fire Department authorized to enforce City of Cape Canaveral Ordinance No. 14-2011 Page 2 of 16 parking regulations. Illegally parked shall mean not properly parked within a designated parking space by, if parallel parked, exceeding a distance of 12 inches from the curb encroaching over the lines designating the adjacent parking space, impeding the adjacent driving aisle exceeding the posted time limit, or failing to pay all applicable parking fees. Immobilization device or boot shall mean a device which is attached to the vehicle renderin it unable to be driven, and which is used to aid in the collection of unpaid parking violations. Legally parked shall mean properly parked within a designated parking pace. The tires of the passenger side of the vehicle if arallel parked, shall be within 12 inches from the curb. No portion of the vehicle shall encroach over the lines designating the adjacent parking space, For angled parking, the vehicle shall be pulled forward as far as possible and in no way impede the adjacent driving aisle. The vehicle shall not exceed the posted .. • •• e d _. . . time limit in the designated parkin space, and shall have paid all applicable parking fees. Metered parking shall mean parking that requires pgMent based on the lenjzth of time the vehicle is parked in an identified location. Overtime parking occurs when a vehicle remains parked in a parking meter zone beyond the meter time paid for, or in a timed parking area beyond the time period or time frame during which parking is permitted. Parking citation is a paper ticket affixed to a vehicle for non-moving violations of city codes or Florida Statutes issued by a duly authorized representative of the city. Parking citations have a monetary penalty or fine attached to each violation as described in Appendix B — Schedule of Fees. Parking meter shall mean a single space or multi -space mechanical or electronic device that acee is paMents for vehicles parking in parking spaces within parking meter zones and registers and displays that appropriate payment bas been made. Parking meter space shall mean any space within a parking meter zone, which is duly designated for the parking of a single vehicle. Parking meter zones shall mean specific areas defined by location within the city for which metered parking fees are imposed. Sidewalk shall be as defined in F.S. § 316.003 and shall include au portion of a sidewalk that traverses a driveway. Timed parking area shall mean areas that are established which limit the length of time or the time frame that parking is permitted. City of Cape Canaveral Ordinance No. 14-2011 Page 3 of 16 See. 74-56. State law adapted. F.S. §§ 316.194 and 316.1945 are adopted as stopping, standing and parking regulations for the city. City of Cape Canaveral Ordinance No. 14-2011 Page 4 of 16 • • a Bill 1 111111111Will •A MR• ■ ■ w r ■ i _ _ • • UAMNILWKUWAN ■ r 0 I'll H-- iUIWKVAMVtWlllk'A" City of Cape Canaveral Ordinance No. 14-2011 Page 4 of 16 ■ 1 ■ i tl f - - - r i i, • -- ■ • _ _ i ■ _ _ _ _ _ • ■ . 1 • • • Elisp 1 MMIJ4 MIUVIEW,i ■■ ■• i ■ i ii • ■: ■ f i� Sec. 74-5758. Authority to establish no parking zones. (a) Except as provided in subsection (b) of this section, the chief law enforcement officer may establish no parking zones by designating those places where motor vehicles are prohibited from parking. The chief law enforcement officer shall place a sign or other identifying mark indicating no parking zones. (b) The city fire chief shall designate all fire lanes in which it shall be unlawful for any vehicle to park in accordance with the provisions of section 74-586-2. The city fire chief or designee is designated as a parking enforcement specialist who may enforce prohibitions against parking in fire lanes. Sec. 74-58. Designation of fire lanes. (a) The city fire chief or the fire chief's designee shall be authorized to designate fire lanes on or in a public street alley,roadwa or premises, or on any public property which in his or hero inion would be necessM or desirable for the free movement of fire apparatus or of fireiiahtini� personnel resi)ondin4 to or oueratina at a scene of a fire or other public emergency. khj Designated fire lanes authorized by the city fire chief or the fire chief s designee shall City of Cape Canaveral Ordinance No. 14-2011 Page 5 of 16 be appropriately identified with signs bearing the words "Fire Lane, No Parking." The signs and lettering shall be standard information type traffic signs, with red letters on white background. In addition the city fire chief or the fire chief's designee may require diagonal striping placed on or in any public street, alley, roadway or premises or on any public, , property or any private property to which the public has access and the words "Fire Lane, No,.__..._..__..... Parking" painted thereon in letters no less than 18 inches in length. (0 The city fire chief may require, as a condition of the issuance of a building permit, site plan or development plan, that the owner thereof designate fire lanes on the property subject to the building permit, site plan or development plan when the city fire chief determines that such designation is necess to protect the public health safetyand welfare. Any such private property designated as a fire lane shall be marked in accordance with subsection (b) of this section. See. 74-59. Areas where parking is prohibited. Dune papWng prohibited. It shall be a violation of this article to stand stop or park any vehicle in the city as follows: (a) Within an area posted with a sign restricting „parking,to a specific time limit or time frame when standing, stopped or parked in excess of that time limit or time frame. Within any specifically designated and marked parking space or spaces provided for certain disabled persons, unless such vehicle displays a parking permit issued pursuant to , section 320.0848, Florida Statutes, and such vehicle is transporting a person, eligible for the parking permit. Lc) Within 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 witb law, the directions of a police officer or official traffic device. This subsection 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 rohibit parking on designated parking areas located in rights-of-way is-of-wa which were legally nonconforming on November 4, 2010. This section shall also not be construed to prohibit the temporaEy 12arkingof service or delivery vehicles on a right-of-way excludin sidewalks), provided such vehicles are in actual use providing service or delivery and provided such vehicles do not obstruct pedestrian or vehicular traffic. The city manager ma authorize the temporary parking of vehicles on a right-of-way (excluding sidewalks) during seasonal hohda s and sl2ecial events. Within any bicycle path crosswalk median or in any fire lane designated and a roved by the fire chief and 12osted with an official sign, je� Within any right-of-way or land in which the state, county or city has a legal interest and which is devoted to or required for use as a public street including improved and City of Cape Canaveral Ordinance No. 14-2011 Page 6 of 16 unimproved property, sidewalks and swales therein and any area within a roadway which is not open to vehicular traffic, for „the purpose of: Displaying such vehicle for sale, lease or rent; (2) Washing, greasing or repairing such vehicle, cxcept.repairs necessary in an emergency_ parking of a disabled vehicle; emergency repairs are repairs that require less than 24 hours to make vehicle operable from time of emergency parking; or Displaying advertising. (f) Within any city, county or state parking.facility in violation of any lawfully posted stens restricting the use of the facility, (g) Within any right-of-way in a manner obstructing the „operation of curbside collection service vehicles or container collection service vehicles in„the performance of collection. responsibilities; Within or on any -of the ocean dunes; L For more than four 4 consecutive hours for any truck weighing 6,000 pounds or more where so posted; (j) At the beach end on Harbor Drive or on any of the beach -end streets cast of Ridgewood Avenue overnight between the hours of 10:00 PM and 5:00 AM. This section shall not apply to the parking of any commercial vehicle with or without a trailer, upon the paved portion of a right-of-way for any period of time in which the operator of the vehicle is actively engaged in deliveries lawn maintenance or other trade activity upon the abutting property, if there is insufficient unoccupied driveway space upon the abutting property to accommodate the length of the vehicle and, trailer, if any. However, to every event, an unobstructed width of the paved portthe right-of-way opposite theon of , ._., vehicle and trailer, if any, shall be left for the free p-assag of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of„200 feet in each direction upon the paved portion of the right-of-way. No such vehicle or trailer shall be stopped or parked _ on the paved portion of a right-of-way within 50 feet of anystreet intersection or marked crosswalk. • . r Sec. 74-60. Metered parkin (a) The City hereby establishes a parking meter program whereby the City shall install City of Cape Canaveral Ordinance No. 14-2011 Page 7 of 16 parking meters for the parking spaces located in parking meter zones established by resolution of the City Council. Each parking meter zone shall clearly communicate that the parking spaces located in that zone require payment. (c) Each parking meter shall mechanically or electronically indicate the expiration of the paid parking time for the parking spaces covered by that parking meter. Fees for parking in metered parking spaces shall be established by resolution of the City Council and set forth in Appendix B — Fee Schedule. ... See. 74-61. Violations. Overnight parking. (a) It shall be a violation of this article for any vehicle to be illegally parked or in overtime parking. A parking citation may be issued to the registered owner of vehicles illegally parked or in overtime parking. .) Whenever any vehicle without a driver„ is found parked, stopped or standing in violation of this article, other city ordinance, or of the laws and regulations of the state, duly authorized personnel may affix a parking citation to such vehicle. (c) The fact that the time device on any working parking„ meter is showing no time remaining shall be conclusive evidence that the vehicle is in overtime parking. It shall be a violation of this article for any person to deposit or cause to be deposited in any parking meter any slug, device, or inappropriate substitute for acceptable monetary payment, or to use any external device to falsely register time on a parking meter. It shall also be unlawful to insert foreign objects into the parking meter or todam p_er with or to --.._ damage the parking meter in any way as set forth in section 877.08 Florida Statutes. (e) It shall be a violation of this article to tamper with or to damage, a parking—meter or an immobilization device attached to a vehicle. (f o„ a vehicle in overtime The act at a parking citation as been previously issued for parking shall not prevent duly authorized representatives of the city from issuing a subsequent parking citation. A subsequent parking citation may be issued for each subsequent violation for the maximum time limit provided on the legend of the arkin meter or the posted signage. City of Cape Canaveral Ordinance No. 14-2011 Page 8 of 16 Sec. 74-62. Fees, fines and penalties for parking violations; surcharge. Designation ` re lam (a) The City Council shall, by resolution, establish any fees, fines and penalties authorized by this article. Said fees, fines and penalties shall be as set forth in Appendix B — Fee Schedule. jh� Parking_ citations shall be paid within 15 calendar days from the date of issuance. Parking citations unpaid after 15 calendar days from issuance shall be subject to additional fines and penalties. ( c) Parking citations unpaid after 90 calendar days from the date of issuance may be referred to a collection agency or an attorney pursuant to section 938.35, Florida Statutes, and,..,__. shall be subject to additional fines and penalties. Overpayment of a parking citation shall not entitle the registered owner of the vehicle to a refund if the registered owner has any other unpaid, pending parking citations. Any surplus payment shall be credited to the oldest unpaid parking citation first. Any remaining surplus after all un -paid citations are satisfied in full shall be returned the registered owner of the vehicle Le� A surcharge -in the amount of $10.00 is hereby imposed on all parking fines and citations imposed under this article for parking violations occurring within the city, for the sole ]2urpose of funding school crossing guard programs. The proceeds collected from this surcharge shall be placed in the "Cape Canaveral School Crossing; Guard Trust Fund," which is hereby established and funds collected from this surcharge shall be distributed quarterly to fund school crossing guard programs, The city may set aside funds derived from this surcharge to pay for start-up costs and recurring administrative costs related to printing new tickets or other means of implementing the school crossing ward program. City of Cape Canaveral Ordinance No. 14-2011 Page 9 of 16 : N 1111mill j:. ma VA ■ ■ .. ■ • ■ + . ■ . ■ ■Mm. a ,■ : agg- r: : ■ :;: : City of Cape Canaveral Ordinance No. 14-2011 Page 9 of 16 See. 74-63. Towing; use of immobilization devices. eounty's civil traffic infraction he (a) Duly authorized city representatives may direct the removal and impoundment of any illegally parked vehicle located in areas indicating that illegally parked vehicles will be removed. �b Duly authorized i±y re resentatives ma direct the removal and im oundment of an vehicle that is _impeding traffic. Lc) Duly authorized crty_representatives may provide for an immobilization device to be attached to a vehicle preventing it from being moved under its own power, or to have such vehicle towed under the following conditions: LD The vehicle has on at least three 3 rior occasions been issued parking citations for which the registered owner has failed either to pay or ap peal pursuant to the requirements of this article; and The registered owner of the vehicle has been given written notice by mail that the vehicle will be subject to immobilization or towing if the owner does not pay all outstanding parking fines imposed pursuant to this article. The city manager or designee shall maintain a current list of all vehicles to which an immobilization device maybe attached and /or which may towed pursuant to this section. The ci!y shall not be liable for an damages, injuries or losses caused by or resultin .from the immobilization towing or impoundment of an vehicle. City of Cape Canaveral Ordinance No. 14-2011 Page 10 of 16 .■ • ■ ■ ■ i - - 4,09 i - - 1 ■ -VV■ - • _ - _ _ ■ _ - _ • • ■ • ■ E it I 41*0seemkosuilravit wen 955 910■ _ ■_ i• - •• ■ -r - III ■ See. 74-63. Towing; use of immobilization devices. eounty's civil traffic infraction he (a) Duly authorized city representatives may direct the removal and impoundment of any illegally parked vehicle located in areas indicating that illegally parked vehicles will be removed. �b Duly authorized i±y re resentatives ma direct the removal and im oundment of an vehicle that is _impeding traffic. Lc) Duly authorized crty_representatives may provide for an immobilization device to be attached to a vehicle preventing it from being moved under its own power, or to have such vehicle towed under the following conditions: LD The vehicle has on at least three 3 rior occasions been issued parking citations for which the registered owner has failed either to pay or ap peal pursuant to the requirements of this article; and The registered owner of the vehicle has been given written notice by mail that the vehicle will be subject to immobilization or towing if the owner does not pay all outstanding parking fines imposed pursuant to this article. The city manager or designee shall maintain a current list of all vehicles to which an immobilization device maybe attached and /or which may towed pursuant to this section. The ci!y shall not be liable for an damages, injuries or losses caused by or resultin .from the immobilization towing or impoundment of an vehicle. City of Cape Canaveral Ordinance No. 14-2011 Page 10 of 16 � Vehicles may be immobilized pursuant to this section at any, location within the city where the vehicle is found, providing such location is in a right-of-way or another place the public is invited to travel, or a parking area owned or under the control of the city. No vehicle shall be immobilized within the traveled portion of any street or in any portion of any street when immobilization at such place would create a hazard to the public or to traffic. (f Vehicles immobilize_ d pursuant to this section shall have affixed to the windshield or to the left front window a conspicuous notice stating that an immobilization device is attached to the vehicle. The notice shall provide the total parking fines past due, plus the fee for removal of the immobilization device, and the information regarding the methods and locations for paying the amount due. �gj The immobilization device shall be removed from the vehicle upon frill payment of the outstanding parking fines for which the vehicle was immobilized, plus the fec for removal of the immobilization device. However, if an immobilization device remains on a vehicle for more than 48 hours the vehicle may be towed and impounded. The vehicle shall remain impounded until the costs of towing and impoundment, as well as all other outstanding parking fines authorized pursuant to this article are paid in full. If a vehicle is towed under the provisions hereof, the vehicle information shall be forwarded to the communications division of the sheriff's department. Im Kul axis• = . . INAM Sec. 74-54. Withholding license tats. The city manager or designee may periodically provide a list of persons_ who have three (3) or more outstanding_ parking citations to the department of highway safety and motor vehicles (DHSMV). Any such list shall be consistent with the requirements of section 316.1967(6), Florida Statutes. Persons whose names appear on the list may not be issued a license plate or revalidation sticker until that person's name no longer appears on the list or until the person presents a receipt from the city showing that the outstanding fines have been paid. The city shall notify the DHSMV to remove a person from such list only after all outstanding parking fines are paid _ Sec. 74-65. Administrative review. The financial services department is authorized to dismiss a parking citation under the following circumstances: (a) Defective meters. Any person issued a parking citation under this article for overtime parking who believes that the parking meter used to determine the violation was defective or malfunctioning may notify the city's parking administration office in writing of the alleged City of Cape Canaveral Ordinance No. 14-2011 Page 11 of 16 defect or malfunction within 72 hours of the issuance of the parking citation. Such notification shall be on a form prescribed by the city manager and available on the city's website or at city hall. The completed form shall be submitted to the financial services department. If the meter is found to be functioning properly, the person who contacted the city shall be notified in writing by the financial services department, and all fines and penalties shall be due and payable within „.,..... n 15 days of the date of the notification. If the meter is found to be defective or malfunctioning the_person who contacted the city shall be notified in writing by the financial services department and the parking citation shall be deemed void. Failure to display a valid permit. A valid permit holder who receives a arkin citation for overtime parking because the permit or placard was not properly displayed ma bring the permit to the financial services department within 15 calendar days of the issuance of the parking citation. An administrative fee shall --be assessesensedd... for dismissing the parking citation based on an improperly displayed placard. See. 74-66. Appeals. (a) The registered owner of any vehicle subject to the issuance of a parking citation, the immobilization or towing of their vehicle, or the decision of an administrative official may appeal to the county's civil traffic infraction hearing officer program. Appeals shall be submitted in writing to the financial services department, accom anied by an a eal fee within 15 days of the issuance of the citation the date of the immobilization or towing,or the decision of the administrative official and shall state in detail, the basis for the appeal. Sec. 74-67. Special event parking fee. Special event parking fees established by resolution of the city council shall apply to an event reguiring the use of or iMRacting any 12arkingmeter zone. Sec. 74-68. Parking permits. (a) Any person may apply to the Ci!y for a nontransferable annual parking permit. Such permit shall be valid during the current calendar year., expiring December 31 of each year. The fee for such permit shall be established by resolution of the city council and shall not be prorated. The permit shall be clearly dis la ed in the lower left corner of the rear window of the vehicle. In the case of a motorcycle, the permit shall be displayed on the rear of the motorcycle. City of Cape Canaveral Ordinance No. 14-2011 Page 12 of 16 rem taxes paid to the city, be used City residents may request a portion o their ,,„a , , valorem to offset the cost of one (1) parking permit per household. Sec. 74-64. Towing unauthorized vehicles from private ro e La� An owner of private real property shall not be permitted to authorize the towing of unauthorized vehicles from the property unless the following requirements are met: The owner has complied with the provisions of F.S. § 715.07 and the provisions of this section which im ose more stringent requirements than the statute. Except for any property which is vacant, unimproved and upon which no structure is constructed and except for residentially, zoned property, the property,..,,.. owner or his went shall have given an express instruction toa towing company to, , , .,, tow a vehicle. The express instruction shall be evidenced by the physical presence of the property owner or his went at the time of the towing, and the written statement and signature of the property owner or his went on the receipt to be furnished to the owner or operator of the vehicle being towed or removed that the vehicle was towed and removed based on his express instruction. Anagent fora property owner shall not be an officer, a ent or em to ee of the towing company. An express instruction shall be considered to have beeniven onl if the instruction does not occur in advance of the actual unauthorized parking of the vehicle or if the instruction is not general in nature and is related to specific, individual and identifiable vehicles which are already parked without authorization. The storage yard to which the vehicle is towed „is open from 8:00 a.m. to 11:00 p.m. on the day on which the vehicle is towed. Any private property owner who has violated or who has been cited for a violation of any of the provisions of this section shall be punished in accordance with all provisions regarding enforcement of ordinances contained in this Code. c The city, when acting pursuant to an agreement between it and a property_ owner, shall be exempt from the provisions of this section; provided, however, that the provisions of F.S. 715.07 shall be applicable to any such agreement. Section 3. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and _tr_R type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in. Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No. 14-2011 Page 13 of 16 ARTICLE VII. DISTRICTS DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-321. Protection of public beach -end parking. In the R-3 (medium -density residential) zoning district there exists beach -end public parking as described in the following schedule. Public Beach Access # of Public Spaces Location (side of street) Harbor Heights ,plus i handkapped 10 East side Canaveral Sands 0 NIA Washington +B 11 North side Adams $ 9 North side Jefferson -99 North side Madison +415 North side Monroe +5� 13 North side Jackson 14 North side Harrison +417 North side Tyler +4 15 North side Polk 7, phas one handieapptd 13 North side Taylor +419 North side Fillmore +317 North side Pierce +417 North side Buchanan 14 North side Lincoln 913 North side Johnson -1-07 North side City of Cape Canaveral Ordinance No. 14-2411 Page 14 of 16 Access to property lying adjacent to these public parking facilities shall be subject to the following: (1) Ingress and egress to future development or redevelopment projects shall not cause the removal or reduction of any existing beach -end public parking spaces, except as provided herein. (2) If, by operation of this section, ingress and egress to the property is denied, the property owner may apply for a variance under this chapter. To be entitled to such a variance, the property owner must demonstrate that no reasonable alternative ingress or egress is available. Reasonable alternatives include, but are not limited to, existing driveways, alleys, or access casements. This subsection is supplemental and in addition to any requirements provided within section 110-62 or any other provisions of the City Code. (3) Where a variance is granted, the maximum number of beach -end public parking spaces to be removed shall be two spaces or 20 feet. (4) For any multiple -dwelling -unit development or redevelopment, ingress and egress access shall only be provided through a single shared driveway to minimize the elimination of beach -end public parking spaces. Section 4. Conforming Amendment to Section 10-72, Metered Parking. Section 10- 72, Metered Parking, ofthe Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions to and strikeent type indicates deletions from the text existing in Section 10-72: Sec, 10-72. Metered Parking. If any outdoor entertainment requires the use of metered parking spaces or impacts an area that will result in a loss of revenue from parking meters due to the outdoor entertainment event, the applicant shall be subject to a special event parking fee authorized by resolution of the city council. occupied,resronsible to reimb-arse die city for flie arno=t of the lost revenue. Any costs inenrred mider thi7s section shall be determined dtiring the event planning meeting and shail be dne to the city along with the costs f6i extra persotme! ho=s and other fees due nnder this article. The f6r=1a f6r determining the eosts fbr the mmber of parking meters aff�eted shail be the number of meters occupied by the outdoor entertaintneirt event rrmitiplied by the rmniber of hours per day the nictcTs are nmitiplied by the irrimber of days aff-ected, at the e=r=t rate per hour. eow;ideration Tray be give to allowing the appheant ttsc of the parkireg spaees covered by the ineters, provided pt+lie an Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior City of Cape Canaveral Ordinance No, 14-2011 Page 15 of 16 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 6. 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 frcely made. 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. 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 20th day of December, 2011. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoag Buzz Petsos Rocky Randels Betty Walsh First Reading: November 15, 2011 Legal Ad published: November 18, 2011 Second Reading: December 20, 2011 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 14-2011 Page 16 of 16 City of Cape Canaveral City Council Agenda Fora City Council Meeting Date: 12/20/201 Item No, 945 Subject: A. Resolution No. 2011-30; establishing parking meter zones within the City pursuant to Article ill, Chapter 74 of the City Code; providing for the repeal of prior inconsistent Resolutions, severability, and an effective date. B. Resolution No. 2011-31, Adopting a fee schedule for Chapter 74, Article III of the City Code related to stopping, standing and parking; providing for the repeal of prior inconsistent Resolutions, severability and an effective date. Department: Administration Summary: The City Council will consider Ordinance No. 14-2011, which implements the parking meter program. Section 74-60(a) of Ordinance No. 14-201.1 requires the City Council establish parking meter zones. Resolution No. 2011-31 establishes the zones as the beach -end parking areas and lists the streets where they are located. Section 74-60(d) of Ordinance No. 14-2011 requires fees for the parking meter program appear in the City Code, Appendix B — Fee Schedule. Resolution No. 2011-31 establishes the fees and provides for incorporation into the Code of Ordinances. Submitting Department Director: Angela Apperson [�_ Date: 1112812011 Attachment(s): 1. Resolution No. 2011-30 2. Resolution No. 2011-31 Financial Impact: Cost to prepare the Resolutions. Implementation of the parking and citation fees, barring no unforeseen circumstances, should provide net revenue of approximately $100,000 for a complete year. Reviewed by Finance Director: Andrea Bowers Date: ti a�t1 The City Manager recommends that City Council take We following action(s): Approve Resolution Nos. 2011-30 and 2011-31. Approved by City Manager: David L. Greene J ` - Date: [1e3fl I it City Council Action: [ j Approved as Recommended [ ] Disapproved [ j Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2011-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING PARKING METER ZONES WITHIN THE CITY PURSUANT TO ARTICLE III, CHAPTER 74 OF THE CITY CODE; 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, the Cape Canaveral City Council adopted Ordinance 14-2011 on December 20, 2011, authorizing the establishment of a parking meter program in the City and requiring that parking meter zones be established by resolution of the City Council; and WHEREAS, the City Council desires to establish the zones identified herein as parking meter zones for the City of Cape Canaveral; 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. Parking Meter Zones Established. The Cape Canaveral City Council hereby designates the following beach -end parking areas as official parking meter zones of the City of Cape Canaveral: (a) Harbor Heights (b) Washington Avenue ( c) Adams Avenue (d) Jefferson Avenue City of Cape Canaveral Resolution No. 2011-30 Page 1 of 3 (e) Madison Avenue (f) Monroe Avenue (g) Jackson Avenue (b) Harrison Avenue (i) Tyler Avenue 0) .folk Avenue (k) Taylor Avenue (1) Fillmore Avenue (rn) Pierce Avenue (n) Buchanan Avenue (o) Lincoln Avenue (p) Johnson Avenue Section 3. 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 4. 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 5. 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 20th day of December, 2011. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2011-30 Page 2 of 3 ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2011-30 Page 3 of 3 RESOLUTION NO. 2011-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ADOPTING A FEE SCHEDULE FOR CHAPTER 74, ARTICLE III OF THE CITY CODE RELATED TO STOPPING, STANDING AND PARKING; 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 expresslyprohibited bylaw; 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 1.4-2011, authorizing the imposition of fees related to the City's stopping, standing and parking regulations set forth in Chapter 74, Article III of the Cape Canaveral Code of Ordinances; and WHEREAS, the City Council desires to implement the fee schedule 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. Adoption of Fee Schedule for Article III, Chapter 74 of the City Code. The Cape Canaveral City Council hereby adopts the following fees authorized by Article III of Chapter 74 of the Cape Canaveral Code of Ordinances: (A) Hourly parking fees $1.00 per hour (B) Annual parking permit $30.00 per year ( C) Special event flat parking rate $25.00 per event City of Cape Canaveral Resolution No. 2011-31 Page 1 of 3 (D) Parking citation $30.00 (E) Handicapped or special event parking violation $100.00 (F) Violation for parking on ocean dunes $100.00 (G) Penalty for late payment of parking citation $25.00 (H) Administrative fee for dismissing parking citation for improperly displayed placard or permit $10.00 (I) Appeal of parking citation (Refundable if citation is dismissed) $25.00 (J) Fee to remove immobilization device $25.00 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 by the City Council of the City of Cape Canaveral, Florida. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2011-31 Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 20th day of December, 2011. ATTEST: Rocky Randels, Mayor For Against John Bond ANGELA APPERSON, City Clerk Bob Hoag Buzz Petsos Rocky RandeIs Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2011-31 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/20/2011 Item No. 9 Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities Department: Legislative Summary: Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and an Alternate to the League. Only the member municipality's elected officials, city manager, city attorney, city clerk and department directors are eligible to be a Voting Delegate/Director and an Alternate. The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and as its representative to the Board of Directors. The Voting Delegate and the Director is the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. Council Member Hoog is the current Voting Delegate/Director and Mayor Pro Tem Walsh is the Alternate. Submitting Department Director: Angela Apperson Date: 1 .3dl Attachment: Supporting Document Financial Impact: None Reviewed by Finance Director: Andrea Bowers Date: 1f 3D i1 The City Manager recommends that City Council take 6eroll-owing action(s): Designate a Voting Delegate and an Alternate. Approved by City Manager: David L. Greene o y}y Date:///3b/J( City Council Action: [ ] Approved as Recommended [ I Disapproved [ j Approved with Modifications [ ] Tabled to Time Certain 11/27!2011 23:44 3216363193 NGLASS PAGE 01/01 S AC✓EOST LEAGUE OF CITIES TIES CAPE CAVA VERAL INDIALANTIC. MELBOURN18 PALM BAS' SATELLM BEACH COCOA 1NDrAN HARPOUR BEACH MRi,BOUAN1= UACH PALM 3HORCS TMSVILLS COCOA BEACH M�A+DLArJAR �+TI �yM}E-LBOURlNEE pr/' a TOGETHER" V�IL LAGEROOCXLrADGE wESTMt r AOM /� Appointment of Lea( Voting Delegate/Director The Bylaws of the Apace Coast League of'Cities. require the following: * Every December, the governing body of each member rnunicipailt� must appoint a Voting Delegate/Director and Alternate to the League. Ejj i ili : Only the member rnunicipaiity's elected officials; manager, attorney, clerk, and department heads are eligible to be a Voting Delegate/Dir+ector and Alternate. Any Voting Delegate/Director or Alternate who ceaseq to hold such a position ceases at the same time to be a Voting Delegate/Director or Alternate, ,tinct- ions: irhi� person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings, and its representative to the Board of Directors. The Voting Delegate and the Director are ther aame person. The safe function of the Alternate for the Voting DelegaWlDirector is to vote In the Absence of the Voting Delegate/Director. * Following the appointment, the names of the Voting Delegate/Director and the Alternate must be Promptly certified in writing to the League 'S'ecretary, Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member murkipality must also certify its current population figures when it certifies its Voting Delegate/Directer and Alternate. ri4 nftfin Ily, piea,w-provide and certify th this pane. ,j7� 1 Municipality, the address or fax number shown at the bottom of Current Population Voting Dellegate/Director Home Phone Alternate Voting Delega telD i rector, Date Appointed by Governing Body_ I hereby certify that the above-named persons were duly appointed by our governing body and that the foregoing Information is correct. Municipal Clerk's Signature Date Submitted Printed Namo CEnTIFv-d!R -- Spcc Coast L&Ipc of citiav ❑ P.O. Box 5()048$ 0 Rocklcdgc, FE 32956-0498 CJ rAX (407) 636-3193 0 Telephonc (407) 69C-991(, --