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CITY OF
CAPE CANAVERAL
CAPE CANAVERAL
CITY COUNCIL MEETING
AGENDA
Instructions
This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City
Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or
other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room
Entrance.
A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not
occur at the same meeting at which the "board or commission" (or City Council) takes official
action on an item. No City Council action will be taken on requests during Public Participation
unless determined by the Council to be an emergency. Any other requests for Council action may
be placed on the Agenda for a subsequent meeting.
1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or
Meeting Chair.
2. You will have 3 MINUTES to speak before the City Council.
3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair.
PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT.
CAPE CANAVERAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
January 21, 2014
6:00 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda item
that is listed on the agenda for final official action by the City Council excluding public hearing items which are
heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes,
informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)
minutes. The City Council will not take any action under the"Public Participation" section of the agenda. The
Council may schedule items not on the agenda as regular items and act upon them in the future.
PRESENTATIONS / INTERVIEWS:
6:15 p.m. — 6:20 p.m.
Proclamation designating January 2014 as National Human Trafficking Awareness Month.
CONSENT AGENDA:
6:20 p.m. — 6:25 p.m.
1. Approve Minutes for Regular City Council Meeting of December 17, 2013.
2. Resolution No. 2014-01; appointing a member to the Planning and Zoning Board
of the City of Cape Canaveral; providing for the repeal of prior inconsistent
resolutions; severability; and an effective date. (Mark Buddenhagen)
3. Resolution No. 2014-02; pursuant to Section 2.06(b)(4) of the City Charter,
excusing three (3) absences incurred by Mayor Randels from Regular City
Council Meetings; providing for the repeal of prior inconsistent resolutions;
severability; and an effective date.
4. Approve Termination of Beach Access Easement between Cape Caribe, Inc. and
the City of Cape Canaveral and authorize execution of same.
5. Appoint Voting Delegate to the Space Coast Transportation Planning
Organization (TPO), Citizens Advisory Committee (CAC).
City of Cape Canaveral, Florida
City Council Meeting
January 21, 2014
Page 2 of 3
PUBLIC HEARING:
6:25 p.m. — 7:25 p.m.
6. Ordinance No. 12-2013; adopting Comprehensive Plan Amendments consistent
with the City's Water Supply Facilities Work Plan by amending the text of the
Future Land Use, Infrastructure, Coastal Management, Intergovernmental
Coordination and Capital Improvements Elements of the Cape Canaveral
Comprehensive Plan, as required by Section 163.3177, Florida Statutes; making
additional conforming amendments to the Comprehensive Plan; providing for the
repeal of prior inconsistent ordinances and resolutions, severability, incorporation
into the Comprehensive Plan, an effective date and legal status of the Plan
Amendments, second reading.
7. a. Ordinance No. 16-2013; related to the Ron Jon Cape Caribe Resort;
specifically modifying Ordinance No. 03-2008 to amend the restrictions of the
rezoning imposed therein on certain real property totaling 1.2 acres, more or
less, generally located along the north side of Shorewood Drive at the southwest
corner of Jetty Park in Cape Canaveral to authorize a building consisting of
dwelling units subject to the terms and conditions of the Cape Caribe Second
Modification to the Binding Developer's Agreement approved by the City Council
and Cape Caribe, Inc. in conjunction with this Ordinance; providing for the repeal
of prior inconsistent ordinances and resolutions; severability; and an effective
date, second reading.
b. Approve Second Modification to Binding Developer's Agreement between
City of Cape Canaveral and Cape Caribe, Inc. and authorize execution of same.
8. Ordinance No. 17-2013; adopting a new Chapter 92 of the Cape Canaveral Code
of Ordinances entitled "Fertilizer Land Application"; regulating pollutant runoff and
the application of fertilizers as required by law; providing for purpose and intent;
definitions; applicability; timing of fertilizer application; fertilizer free zone; low
maintenance zone; fertilizer content and application rates; application practices;
management of grass clippings and vegetative matter; exemptions; training;
licensing requirements; enforcement and monitoring; and penalties; amending
Section 2-283 of the Code of Ordinances to designate violation of Chapter 92 as
a Class 1 code enforcement violation; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the code; severability
and an effective date, second reading.
9. Ordinance No. 01-2014; amending Chapter 102, Vegetation, of the Code of
Ordinances related to the City's Tree Bank and the Lists of Desirable and
Undesirable Species; providing for the repeal of prior inconsistent ordinances
and resolutions; incorporation into the Code; severability; and an effective date,
second reading.
City of Cape Canaveral, Florida
City Council Meeting
January 21, 2014
Page 3 of 3
10. Ordinance No. 02-2014; amending Chapter 110, Zoning, related to variances and
special exceptions; authorizing the city manager to extend variance and special
exception approvals for a period of 12 months; providing for the repeal of prior
inconsistent ordinances and resolutions; incorporation into the Code; severability;
and an effective date, second reading.
11. Ordinance No. 03-2014; adopted in furtherance of the requirement set forth in
Section 2.12(5), Cape Canaveral Charter; authorizing the issuance of not
exceeding $5,500,000 Capital Improvement Revenue Note, Series 2014, of the
City to finance the cost of a City Hall, Fire Station, Refurbishment of a
Wastewater Treatment Plant and related Capital Improvements; providing for the
Series 2014 Note to be secured by the City's Public Service Tax, Half Cent Sales
Tax, Guaranteed Entitlement and certain Franchise Fees; authorizing the City's
financing team to proceed to develop necessary documents; providing for the
repeal of prior inconsistent ordinances or parts of prior inconsistent ordinances in
conflict herewith; providing for a severability clause; providing an effective date,
first reading.
12. Ordinance No. 04-2014; repealing Articles II and III of Chapter 90 of the Cape
Canaveral Code of Ordinances relating to flood damage prevention and
floodplain protection; adopting a new Article II of Chapter 90 entitled "Floodplain
Management" amending Chapter 82, Buildings and Building Regulations to
create a new Article VI entitled "Local Amendments to the Florida Building Code"
adopting local amendments to the Florida Building Code to implement the
National Flood Insurance Program; providing for the repeal of prior, inconsistent
ordinances and resolutions; incorporation into the Code; severability; and an
effective date, first reading.
REPORTS:
7:25 p.m. — 7:40 p.m.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of
the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor
does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting.