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Packet 09-02-2003
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Of Cape Canaveral REGULAR MEETING %LL ANNEX :ape Canaveral, Florida ESDAY fiber 2, 2003 00 PM AGENDA State Representative Bob Allen, Legislative Update CONSENT AGENDA: 1. City Council Special Meeting Minutes of August 19, 2003. Florida Recreation Department Assistance Program Grants for Banana River Park and Canaveral City Park Playground Renovations 2. City Council Regular Meeting Minutes of August 19, 2003. CONSIDERATIONS: 3. Motion to Approve: Short List of Respondents to Request for Bid No. 03-05, Consultant/ Professional Engineering Services. 4. Motion to Approve: Satisfaction or Release of Code Enforcement Lien, Yogi Patel, Applicant. 5. Motion to Approve: Building Permit Extension Request, The Scales Company of Brevard, Inc., Applicant. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Pity of Cape Canaveral, Florida City Council Regular MeeWW September 2, 2003 Page 2 ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 18-2003; Repealing Section 50-2 and Amending the Adult Entertainment Code. 7. Motion to Adopt: Ordinance No. 22-2003; Amending Section 54-47; Providing for a Revised Definition of Vessel. 8. Motion to Adopt: Ordinance No. 23-2003; Amending Chapter 62; Relating to the Collection of Solid Waste. 9. Motion to Adopt: Ordinance No. 24-2003; Amending Chapter 34, Article II, Litter. 10. Motion to Adopt: Ordinance No. 25-2003, Amending Chapter 34, Relating to IrK4wabhe Motor Vehicles. 11. Motion to Adopt: Ordinance No. 26-2003; Amending Chapter 54, Relating to Commercial Solicitation. ORDINANCES: First Public Hearing: 12. Motion to Approve. Ordinance No. 28-2003; Amending Section 66-39, Providing for the Vacation or Closure of a Public Street by Resolution, for second reading. 13. Motion to Approve: Ordinance No. 29-2003; Amending Chapter 74, Relating to Penalties for Parking, for second reading. RESOLUTIONS: 14. Motion to Approve: Resolution No. 2003-28; Vacating a (12) -Foot Wide Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 — Avon -by -the -Sea. DISCUSSION: 15. Infrastructure Sales Surtax Project List. 16. Amending Code Section 110-436, the Minimum Size for a Residential Planned Unit Development. 17. County Fireworks Regulation. My of Cape Canaveral, Florida ity Council Regular Meeting September 2, 2003 Page 3 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: ADJOURNMENT: Pursuant to Section 286.0405, Florida Sfafuies, 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 (8W1221) 48 hours in advance of the meeting. CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 19, 2003 6:30 P.M. AGENDA CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Recreation Director Nancy Hanson CONSIDERATION: Motion to Approve: The Florida Recreation Development Assistance Program (FRDAP) Grant Application for the Cape Canaveral Banana River Park Project. Ms. Hanson explained that the City is re -applying for this grant due to diminished available State grant funds in the previous year. She pointed out that the Fishing Platform is added to this year's grant. Ms. Hanson stated that the Platform was added to increase grant points. Mayor Randels related that the City was not in line for grant funding in the previous year. Ms. Hanson said that this year the City fared well with guidance on how to increase points from the grant writer. Ms. Hanson replied to Mayor Randels that the playing field is a medium size that could be scaled down accordingly. She replied to Mayor Pro Tem Petsos that the field is for soccer only. Mayor Pro Tem Petsos inquired about buffering from the adjacent condominiums on the north side of the park. Ms. Hanson explained that the plan is conceptual in order to establish what will be installed such as a soccer field and picnic tables. The basic elements needed to be included in the conceptual plan. Mayor Randels inquired about including shore restoration. Ms. Hanson replied that she would check for City Council Special Meeting August 19, 2003 Page 2 that specific element in the grant application. Mayor Pro Tem Petsos requested that staff check on the buffer area requirement around the park. There was no public comment on the item. A motion was made by Mayor Pro Tem Petso and seconded by Mr. Morgan to Approve the Florida Recreation Development Program (FRDAP) Grant Application for the Cape Canaveral Banana River Park Project in the Amount of $150,000 with a 25 percent Match from the City in the Amount of $37,500 in Cash or Like Kind Contribution. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 6:46 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK \\Cape-nt\cityclerk\CityClk\MINUTES\SPECIAL\2003\FRDAP Grant for the Banana River Park 2003.doc CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 19, 2003 6:45 P.M. AGENDA CALL TO ORDER: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Recreation Director Nancy Hanson CONSIDERATION: Motion to Approve: The Florida Recreation Development Assistance Program (FRDAP) Grant Application for the Canaveral City Park Playground Renovation Project. Ms. Hanson stated that this project had been discussed for several year's and the opportunity is now available to secure a grant for implementation. She expressed the benefits of the included elements and Mayor Randels commented on the park's level of use. There was no public comment on this item. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Florida Recreation Development Assistance Program (FRDAP) Grant Application for the Canaveral City Park Playground Renovation Project in the Amount of $150,000 with a 25 percent Match from the City in the Amount of $37,500 in Cash or Like Kind Contribution. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 19, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Recreation Director Nancy Hanson Building Official Todd Morley PRESENTATIONS: Brevard Museum of History and Science Exhibit to Celebrate the City's 40th Anniversary. Mayor Randels introduced Ms. Odalys Smith of the Brevard Museum of History and Natural Science. Ms. Smith related that Cape Canaveral's 40th Anniversary presented an opportunity for the museum to showcase an exhibit on the City's history. She spoke to Ms. Kim McIntire, Administrative Assistant to the City Manager and presented the concept to the Business and Cultural Development Board. Ms. Smith stated that the "History of Cape Canaveral" book could be sold in the museum gift shop. She shared that the museum's overall goal is to incorporate history from all of the cities in Brevard County. Ms. Smith expressed the desire to see the City of Cape Canaveral become a museum member. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 2 Mayor Randels asked what level of membership participation she hoped to gain. Ms. Smith stated that the City's membership decision should be made based on the value the Council places in the City's history. Mr. Morgan requested a family membership. Ms. Smith related that museum membership offers free or discount admission to other facilities. Ms. Smith replied to Mayor Pro Tem Petsos that the museum is a membership based, non-profit organization that does not receive State funding. Ms. Smith clarified that the Historical Museum in Cocoa Village is a different facility. She also clarified that this Brevard History museum encompasses the whole County's history and it also provides natural habitats and a hands-on exhibit for children. Ms. Smith replied to Mayor Pro Tem Petsos that the exhibit could remain until the year's end. She also replied that the visitor count is approximately 35, 000 people per year. Many school tours visit throughout the year. Council agreed to proceed with the exhibit project. Mayor Randels requested to notify participants regarding their expected commitment to the project. Mr. Boucher stated that no funding is required for the project, just a compilation of historical documents. Ms. Smith thanked the Council for their time. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 15, 2003. 2. City Council Special Meeting Minutes of July 29, 2003. 3. Outdoor Permit for the Walk for Bibles Event Sponsored by the Brevard Baptist Association. 4. Resolution No. 2003-30; Reappointing a Regular Member to the Planning and Zoning Board. (Beatrice McNeely) Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Items No. 2 and 3 were withdrawn for Questions from the Audience: 2. City Council Special Meeting Minutes of July 29, 2003. Mr. Gene Petre asked if the Special Meeting Agenda of July 29, 2003 was advertised. Mr. Boucher stated that no ordinance was required for this meeting. Ms. Bowers included that the Tentative Proposed Millage Rate is set in order to establish the proposed tax bill. 3. Outdoor Permit for the Walk for Bibles Event Sponsored by the Brevard Baptist Association. Mr. Leo Nicholas asked if the Outdoor Permit request was for a march or for door-to-door solicitation. Mayor Randels explained that the object of the event was to raise money for bibles through pledges to the Walk's participants. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 3 A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Approve Items No. 1 through 4 on the Consent Agenda. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 5. Motion to Approve: Cooperative Purchase to Landscape the Al Welcome Sign to Vila & Son Landscaping in the Amount of $17,155.53. Mayor Randels stated that the Council had appropriated $20,000 to landscape the City's north entrance City sign. Mr. Treverton inquired about lighting. Mr. Gardulski responded he would use front lighting for the sign and upward lighting for the palm trees in back of the sign. Mr. Gardulski pointed out the two options for power: 1) to tap onto the street lighting in the area controlled by one photo cell, or 2) to bring power across the road. Discussion followed on power options for lighting. Mayor Randels commented on the $3,706 for re -use irrigation when reuse capability is available. Mr. Morgan pointed out that if the Stottler, Stagg design concepts were included, the amount would exceed $20,000. Mayor Randels requested eradication of the existing pepper trees. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Cooperative Purchase to Landscape the Al Welcome Sign to Vila & Son Landscaping in The Amount of $17,155.53. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Approve: Authorization to Bid Manatee Sanctuary Park Restroom/Pavilion Project. Mayor Randels stated that Council's approval is requested to authorize bidding this project as well as to waive the sewer impact and water hook-up fees in the amount of $7,152.20. Ms. Hanson spoke in favor of the project's benefits. Mr. Morley stated that he had consulted regularly with the engineer on the project. The pavilion cost factored in any potential abuse to the property. Mayor Randels pointed out that the pavilion would not be air-conditioned however the concept plans showed an air handler. Ms. Hanson replied that the pavilion has no cooking capability but will have a microwave and a refrigerator. Ms. Hanson replied to Mr. Morgan that the pavilion would be constructed to wind load. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve the Authorization to Bid Manatee Sanctuary Park Restroom/Pavilion Project and to Waive the Sewer Impact Fees and Building Permits. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 4 7. Motion to Approve: Amendment to the Police Service Contract to Purchase Additional Capital Equipment. Mayor Pro Tem Petsos asked for clarification since the funds requested are already included to cover other expenditures. Ms. Bowers affirmed that the money not needed in this year's Law Enforcement contract has been used to fund City operations. Mr. Boucher explained that the Council funded the additional positions for the Sheriff's Department with $230,000 of Reserve Funds. During the Budget presentation the Sheriff's Department reported $100,000 remaining unused however an employee retired from the Department and funds were expended to offset his retirement leaving approximately $80,000. Mr. Boucher suggested that the Council listen to Lt. Young's reasons for the proposed purchases before making a decision. Mr. Boucher reported that a large amount of Cash Forward was used to pay for the additional positions. He stated that if any monies were received back from the Department, it should be returned to the General Fund. Mayor Randels asked if the requested items were Capital needs. Lt. Young replied to Mayor Randels that purchasing the items now would offset future expenses. Lt Young presented the benefits of each purchase and expressed in detail how technology has added to the Department's efficiency. Mr. Hoog asked if any of the cars are in a subsequent budget. Lt. Young replied that the cars with the highest mileage or that are in need of constant repair are selected for replacement. Mr. Hoog inquired about the decrease in Fines and Forfeitures. Ms. Bowers replied that Lt. Young had reported a decrease in ticket issuance. Lt. Young also related that the Brevard County Clerk of the Courts office is experiencing difficulty finding tickets in their computer system. Mr. Gene Petre inquired how vehicle maintenance is performed. Lt. Young replied that maintenance is performed at the County jail. Mr. Treverton inquired about the difference in the requested costs from: $80,375 to $57,100. Lt. Young replied that the cost difference was based on availability of the vehicles. Mayor Pro Tem Petsos stated that the Law Enforcement five-year plan did not include these purchases. Lt. Young replied that changing technologies make defined purchase times difficult. Mr. Boucher concluded that this item could be discussed during contract negotiations. The Item Failed for Lack of a Motion. 8. Motion to Approve: Quarterly Budget Report and Transfers for the Third Quarter Ending June 30, 2003. Ms. Bowers stated that she used the remaining Sheriff's department funds plus an additional $36,000 to cover the increases in the budget. She stated that there was approximately $78,000 in the Reserve Fund. Ms. Bowers stated that Worker's Compensation costs were increased based on salaries as well as rates and the Building Department jobs are considered high-risk employment. She also stated that outside plan reviews accounted for an increase in the Building Department budget. Mr. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 5 Morley responded that the Building Department did not have an in-house plan reviewer for some time, however staff now performs those reviews. He replied that a five -story, stand-alone project such as Cape Club would require structural review at a cost. However, that cost is recouped when the permit fee is paid. Mr. Morley explained that there are two ways to pay for plans reviews: 1) to pay up front and recoup in the end, or 2) to require an escrow deposit sufficient to cover the cost before the review is submitted, then the money is available when the planning bill arrives. He favored the second concept. Ms. Bowers stated that this quarter's Budget Transfer is the last one for the fiscal year. Mayor Randels expressed disapproval with the lack of coordination between the Clerk of Court and the Sheriff's office regarding Fines and Forfeitures. Ms. Bowers related that she discovered approximately 240 data input errors on the County Clerk's side and an undisclosed amount of errors on the Sheriff's Department side due to tickets not attributed to the Cape Canaveral jurisdiction. Mayor Pro Tem Petsos inquired about the 21 percent increase in the Streets Department budget. Ms. Bowers replied that increased maintenance on City facilities accounted for the increase such as the air quality study. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Quarterly Budget Report and Transfers for the Third Quarter Ending June 30, 2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 9. Motion to Adopt: Ordinance No. 03-2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges. Mayor Randels read Ordinance No. 03-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY AND PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS, AND HEDGES; PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR LANDSCAPING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hoog asked if hedges were removed from the residential district. Attorney Garganese stated that Subparagraph (b) contains regulations pertaining to hedges. He read from Section 1, Subparagraph (b) which reads, "a minimum height at time of planting of three - feet and will be required to reach a maximum height of six (6) feet" when used as a City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 6 screen, "a density of at least eighty (80) percent opacity with two (2) years of planting." Attorney Garganese replied that this requirement applies whenever a hedge is used as a screen pertaining to any area. Mr. Hoog said that by removing the requirement from residential, a hedge could grow unencumbered. He asked for clarification. Mayor Randels replied that the intent was to allow a hedge to grow past six (6) feet. However, along the front 25 -feet of a property line, four (4) -feet is the requirement and only allowed higher growth between two neighboring houses. Attorney Garganese clarified that within 25 -feet of a public right-of-way, a hedge could not exceed four (4) -feet in height the same as a solid fence. Attorney Garganese explained that Subsection (b) was created to relate to hedges. Mr. Hoog said that a hedge on the corner of Poinsetta and Jefferson blocks visibility. Mr. Treverton asked if the Code Enforcement office cites violations to the hedge height requirement. Mr. Morley affirmed that observing hedge height is part of Code Enforcement duties. Mayor Randels said that such a concern should be input into the City's complaint tracking system. Attorney Garganese concluded that Subparagraph (a) applies to fences and walls and subparagraph (b) to hedges. Mayor Pro Tem Petsos read from code Section 110-469, "at a corner lot in any zoning district nothing with the exception of traffic signs, utility poles and open chain link fence or wire fence shall be erected, placed, planted or allowed to grow between a height of 2 and '/2 -feet and 10 -feet of the center grade of the existing street and in the triangular area bounded on two sides by the street right-of-way." There was no contradiction in where hedges were allowed due to the reference made within Section 110-469. Mayor Randels concluded that Council would review Section 110- 469 during a subsequent code review. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 3-2003 at second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 10. Motion to Adopt: Ordinance No. 18-2003; Repealing Section 50-2 and Amending the Adult Entertainment Code at first reading. Mayor Randels read Ordinance No. 18-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; PROVIDING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE, TO CONFORM TO THE BREVARD COUNTY PUBLIC NUDITY ORDINANCE; AMENDING THE PLATFORM REQUIREMENT FOR PERFORMERS IN ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 7 Mr. Hoog requested clarification on the differences between the County ordinance and the proposed ordinance. Attorney Garganese stated that the County has a public nudity law that applies with all municipalities. In that law cities are permitted to opt out if they desire, however Cape Canaveral has not requested to opt out. Under routine Code review, Section 50-2 was adopted prior to the adoption of the County ordinance and to avoid any inconsistency he recommended that the Council repeal Section 50-2. This puts the City in complete jurisdiction of Brevard County's Public Nudity law. Mr. Morgan asked if the County's ordinance was in compliance with the Supreme Court decisions. Attorney Garganese affirmed. Attorney Garganese restated that repealing Section 50-2 would eliminate any inconsistencies. He stated that the other component of Ordinance No. 18- 2003 is to establish consistency between the City's code and the County ordinance on specified anatomical areas. Ms. Shannon Roberts asked if the ordinance is helping to further protect the City in light of what is permitted in Cocoa Beach. Mayor Randels replied that Adult Entertainment was zoned to certain districts. The City of Cocoa Beach opted out of the County's ordinance. A motion was made by Mayor Randels and seconded by Mr. Hoog to Approve Ordinance No. 18-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Attorney Garganese requested an acknowledgement from the Council to continue review of Chapter 10 of the Adult Entertainment code and incorporate any outstanding Supreme Court decisions. Council agreed. 11. Motion to Approve: Ordinance No. 22-2003; Amending Section 54-47; Vessel Control and Water Safety at first reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A REVISED DEFINITION OF VESSEL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that this ordinance provided for updated language for a vessel. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Ordinance No. 22-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 8 12. Motion to Approve: Ordinance No. 23-2003; Amending Section 62; Collection of Solid Waste and Recoverable Materials at first reading. Mayor Randels read Ordinance No. 23-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR THE REGULATION OF RECOVERABLE MATERIALS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the term hazardous material was changed to hazardous waste. There was no public comment. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve Ordinance No. 23-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 13. Motion to Approve: Ordinance No. 24-2003; Amending Code Section 34, Article II, Litter at first reading. Mayor Randels read Ordinance No. 24-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34, ARTICLE II ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF CODE SECTIONS 34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34, ARTICLE II, DIVISION 3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT OF THE CITY'S CODE ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS; PROVIDING FOR THE ABATEMENT OF LITTER AND ASSESSMENT OF COSTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY ;AND PROVIDING FOR AN EFFECTIVE DATE. Ms. Shannon Roberts asked if palm fronds are considered litter. Mayor Randels replied that yard waste did not apply to definition of litter. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Ordinance No. 24-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 14. Motion to Approve: Ordinance No. 25-2003; Amending Chapter 34, Relating to Inoperable Vehicles at first reading. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 9 Mayor Randels read Ordinance No. 25-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Mr. Morley stated that the ordinance would adequately benefit enforcement. Mr. Hoog asked if the ordinance excluded what is stored in a yard. Mayor Randels replied that if the inoperable vehicle is stored outside, it must be covered. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Approve Ordinance No. 25-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 15. Motion to Approve: Ordinance No. 26-2003; Amending Chapter 54, Commercial Solicitation at first reading. Mayor Randels read Ordinance No. 26-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54 OF THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND WITHIN CITY PARKS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Ordinance No. 26-2003 at first reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 16. County Fireworks Regulation. Mayor Randels related that he and the City Manager met in Commissioner Ron Pritchard's office regarding fireworks regulation. He also related that Michelle Jackson, Assistant State Attorney was available for assistance. He reviewed the six items City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 10 Commissioner Prichard proposed to help eliminate fireworks sales: 1) to have fireworks designated as a ultra-high, hazard product, 2) to restrict fireworks sales to industrial areas, 3) to require sprinklers on permanent as a safety, 4) to contact municipalities for support, 5) to reduce incentive for seller's by requiring compliance records and making them available for review and 6) to use code enforcement as a deterrent. Mr. Boucher related that another meeting would be held on September 17th and possible development of a draft ordinance. Mr. Boucher expressed the debate over which faction to cite, the sellers or purchasers and Mayor Randels informed that fireworks could not be seized from the purchaser. Mayor Pro Tem Petsos related that the Florida League of Cities lobbies for fireworks regulation. Mr. Hoog asked why sales were allowed under agricultural purposes when City streets and the beaches do not constitute agricultural areas. Mayor Randels concluded that enforcement is not regulated. Mayor Randels acknowledged five minutes left prior to the 10:00 P.M. hour and asked if any Council member or staff desired to make a report. REPORTS: 1. City Manager • Mr. Boucher requested that Council review the Request for Proposals for Consulting/ Engineer Services and submit a ranking sheet to the City Manager for the next City Council meeting. Mr. Gardulski related that each bid's layout was easy to navigate for pertinent information. • Mr. Boucher reported that he would have cost estimates for the sales tax project list at the next meeting. • Mr. Boucher also reported that Verizon wireless solicited the City to install monopole antennae at the Public Works facility. Mayor Pro Tem Petsos distributed information from the League of Cities on what municipalities could and could not require and how much could be charged. 2. Staff Recreation Director No report. Building Official • Mr. Morley stated that all concerns regarding visibility at right-of-ways would be addressed immediately. City Clerk • Ms. Stills reported on a favorable response to the School Crossing Guard recruitment. Public Works Director • Mr. Gardulski recommended a right turn only pattern for the school zone exiting into Rosalind Avenue from the school in order to alleviate congested traffic at the Washington and Rosalind Avenue intersection. City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 11 2. City Council Mr. Morgan • Mr. Morgan referred to a letter he received from Mr. Dale Matthews on Justamere Road. He inquired about securing an Administrative Warrant to investigate the property. Attorney Garganese stated that one could not obtain an Administrative Warrant for an owner occupied dwelling. Mr. Morley expressed his awareness of the matter and stated that the Building Department would address the matter on Friday morning. Mayor Pro Tem Petsos inquired about habitual nuisance to condemn property and requested that the City Attorney attempt to use that avenue. Mr. Hoog • Mr. Hoog reported on his first Annual Florida League of Cities conference attendance and said that he would highly recommend it and found it informative. Mr. Treverton No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos announced that he used a wireless access connection during this evening's Council meeting and found it would benefit all of Council. • Mayor Pro Tem Petsos also announced that he had submitted his resign -to -run letter from the Council and said he planned to file to run for Mayor. AUDIENCE TO BE HEARD: Mr. Leo Nicholas inquired about the shuttle project. Mr. Boucher responded that he met with Ms. Shannon Roberts and representatives from NASA and USA Space Alliance and the project is progressing with meetings every two weeks. Concepts are forthcoming. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:15 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Considerations Item 3 No. ranked firm. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: SHORT LISTING OF RESPONDENTS TO BID NO. 03/05, CONSULTANT PROFESSIONAL ENGINEERING SERVICES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council develop a short list of respondents to Bid No. 03/05 that will make presentations at a future City Council meeting. Summary Explanation & Background: There were (8) respondents to Bid No. 03/05. Once a short is developed, City Council will need to schedule a meeting for presentations and conduct a final ranking. Staff' will then enter into contract negotiations with the top ranked firm. Please advise. Exhibits Attached: Scope of Services, Bid Tab Sheet & Ranking Sheet. Ranking sheets and bid packages were previously distributed. City Man er' Office Department LEGISLATIVE cap - im\my come in\council\mee 'ng\2003\09-02-03\03/05.doc BID NO. 03-05 ENGINEERING SERVICES 1) Cape Design Engineering Co. 2) Comprehensive Engineering Services 3) CPH Engineering 4) Dyer, Riddle, Mills, Precourt 5) Berryman & Henigar 6) McKim & Creed 7) Port, Buckly, Schuh & Jennigan 8) Stottler, Stagg & Associates Cape Canaveral, FL Orlando, FL Sanford, FL Orlando, FL Orlando, FL Daytona Beach, FL Melbourne, FL Cape Canaveral, FL aw Request for Proposal #03-05 Consultant / Professional Engineering Services. Name: 1 Poor -2 ` Fair 3 ` Good 411; Very Good 5 Excellent For each item identified below, circle the number to the right that best fits your judgment of its quality. Use the scale above to select the quality number. Consultant Evaluation Items Scale 1. Submitted details of qualifications and capabilities to 12' 3 4 5" provide services under this solicitation for services. 2. Explained the composition, experience and location of the project team. 3. Provided information on previous experience and client references related to the scope of services.iw ' 4. Disclosure of any potential conflict of interest due to other 1 'Z2 clients, contracts or property interests in the city's projects under this solicitatign. 5. A current GSA SF 254 and 255 was provided. 1 2 3 4 5 ` 6. Submittal of recent, current and projected man-hour workload for project team members. 7. Must have at least (1) registered professional engineer as a 1 2 3 4 5 principal officer or partner of the firm. 8. Demonstration that firm has technical and staff support. 1 2 3 9. The firm has demonstratedan understanding of the scope 1 2 3 4 5 of services. 10. Preparation of bid documents and presentation. 1 =2 3 4 5;. OVERALL SCORE _ RFP No. 03-05 Engineering Services Page 2 of 6 CITY OF CAPE CANANVERAL, FL REQUEST FOR PROPOSAL NO. 03-05 CONSULTANT/PROFESSIONAL ENGINEERING SERVICES PROPOSAL SUBMITTAL REQUIREMENTS: 1. The City of Cape Canaveral is accepting Proposals from qualified and properly licensed firms or individuals interested in providing consultant/professional engineering services. _ 2. SELECTION PROCESS: Agency officials will select the successful firm or individual on the basis of the written proposals and will rank a short-list of the most qualified applicants. Agency officials will interview each firm or individual based on qualifications and performance data. Final selection of the firm or individual will be made in accordance with Florida Statutes, Section 287.055 -Consultants' Competitive Negotiations Act. 3. PUBLIC ENTITY CRIMES STATEMENT: All bids must be accompanied by an executed form PUR 7068, SWORN STATEMENT PURSUANT TO § 287.133, FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES. (Copy enclosed) 4. DRUG-FREE WORKPLACE: In accordance with Florida Statutes, § 287.087, preference will be given to businesses with drug-free workplace programs; whenever bids are similar in all other respects, award will be made to the entity having a Drug - Free Workplace Program if a Drug -Free Workplace Certification is submitted with the bid. 5. SUBMITTAL: Praposals shall be accepted until 3:00 P.M. on July 28, 2003. A total of ten (10) copies of the proposal must be submitted and clearly marked with RFP No. 03-05 on the lower left-hand corner of the front of the envelope and mailed or hand delivered to the City Clerk, Cape Canaveral City Hall, P. 0. Box 326 (105 Polk Avenue), Cape Canaveral, Florida 32920 Any proposals received after the aforementioned time and date shall not be considered and will be promptly returned. 6. PROPOSAL REQUIREMENTS: Your Proposal should include as a minimum guideline at least the following: a) Details of your qualifications and capabilities to provide services under this solicitation. b) Composition and experience of the project team that will be assigned under this solicitation. Resumes of key personnel should be included. Location of the project team members should be clearly identified. C) Information on previous experience and client references for similar projects. 4#1 RFP No. 03-05 Engineering Services Page 3 of 6 )f work performed on unique and specialized projects should be provided. d) Disclosure of any potential conflict of interest that your firm may have due to other clients, contracts or property interests in the City's projects under this solicitation. e) A current GSA SF 254 and 255 should be furnished, i.e. firm's capabilities; adequacy of personnel, past performance record and experience. f) Evidence of recent, current and projected man-hour workload should be provided for the proposed project team members. g) The candidate firm must have at, least one (1) registered professional engineer under Florida Statutes, Chapter 471, as principal officer or partner of the firm. The candidate firm must comply with Florida Statutes, Chapter 471. The attached Scope of Service provides more detail as to actual tasks involved within the scope of this proposal. TERMS AND CONDITIONS:_ 1. STATUTORY REQUIREMENTS: Selection of the consultant will be made in accordance with the Florida Statutes, Section 287.055, "Consultants' Competitive Negotiation Act". Pursuant to Florida Statutes, Chapter 119, Public Records, Section 119.07, Inspection and examination of records; exemptions (o): "Sealed bids or proposals received by an agency pursuant to invitations to bid or request for proposals are exempt from the provisions of subsection (1) until such time as the agency provides notice of a decision or intended decision pursuant to Section 120.53(5)(a) or within ten (10) days after bid or proposal open, ing, whichdv'sr is earlier." 2. RIGHT TO WITHDRAW: The City reserves the right to withdraw this Request for Proposal (RFP) at any time to protect its best interest. The request and submittal of a proposal shall in no way be construed as an obligation on the part of the City to provide compensation for same. 3. PROOF OF INSURANCE: The successful firm or individual selected by the City to provide consulting engineering services shall procure and shall maintain during the life of this Contract, Professional Liability Insurance in an amount satisfactory to the City of Cape Canaveral. 4. NON-DISCRIMINATION: The successful firm or individual will comply with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. 5. CONFLICT OF INTEREST: The successful firm or individual certifies that this proposal has not been arrived at collusively or otherwise in violation of Federal, State or Local laws. CITY OF CAPE CANAVERAL, FLORIDA REQUEST FOR PROPOSAL NO. 03-05 SCOPE OF SERVICES Section I. General Obiectives RFP No. 03-05 Engineering Services Page 4 of o The City of Cape Canaveral requires the continuing services of an individual or firm qualified to serve as the City's Consulting Engineer. The consultant selected will provide professional engineering services on a project -by -project basis, under the terms of a Continuing Contract for a five (5) year period with consecutive one (1) year renewal clauses, subject to mutual agreement. Section II. Consulting Engineering Services The City's Consulting Engineer shall provide engineering services related to the planning, design, review and/or construction of projects, which may include, but are not limited to: • Facilities Improvements; s Stormwater management; Streets and roads; Solid waste disposal; • Comprehensive planning, building and zoning. • Wastewater collection, treatment and reuse. Specific services the City's Consulting Engineer may perform include, but are not limited to: • Interpretation of Federal, State and Local regulations; • Ordinance preparation; • Preparation of plans and specifications; • Site plan or development reviews; • Project cost estimations; • Permitting for projects or services; • Permitting; grant Writing; Field investigations, appraisals and office studies; Report preparation; Assisting the City in securing grants or project financing. RFP No. 03-05 Engineering Services Page 5of6 Field surveying services, geotechnical and materials testing services, structural, mechanical and electrical design services may be required or may be provided by other consultants, at the discretion of the City. The City may also have other consultants perform engineering assignments or related engineering work tasks during the contract period. The City's Consulting Engineer may be required to review the work of other Professional Engineers. The preceding description of services the Consultant may be called upon to perform is not all-inclusive and is given as a guide for proposal preparation. The City and the Consultant on a project -by -project basis will prepare detailed scopes of work for specific projects. DRUG-FREE WORKPLACE CERTIFICATION RFP No. 03-05 Engineering Services Page 6 of 6 IDENTICAL TIE BIDS - In accordance with F.S. 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bidsavill be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of,. -Or plea of "ty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee' s community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, i certify that this firm complies fully with the above requirements. VENDOR'S SIGNATURE Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Considerations Item 4 No. City Code Section 2-260(g) requires that the violator shall have (30) days in which to comply with the conditions AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN, YOGI PATEL, APPLICANT DEPT./DIVISION: PUBLIC SAFETY/CODE ENFORCEMENT Requested Action: City Council consider the recommendation from the Code Enforcement Board to release the code enforcement lien of $16,600 conditioned upon Mr. Yogi Patel obtaining a permit and paving the parking lot of 6850 N. Atlantic Avenue within six months. Summary Explanation & Background: City Code Section 2-260(g) requires that the violator shall have (30) days in which to comply with the conditions imposed by the City Council. The City Council may approve, approve with conditions, or deny the application to satisfy or release said lien. Please advise. Exhibits Attached: Memo from Code Enforcement Board Chair and supporting documents City M4nsOFs Of iice Department PUBLIC SAFETY/CODE �'' ENFORCEMENT 6;� kim\my oc dmin\counci meeting\2003\09-02-03\yogi.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Mary Russell, Code Enforcement Board Chairperson Re: Recommendation to the City Council Regarding Code Enforcement Case #2002 - DRS -00192, Yogi Patel, 6850 N. Atlantic Avenue - Violation of Section 34-97, Responsibilities for maintenance of parking areas of the Cape Canaveral Code of Ordinances. Request for consideration of a reduction or elimination of the imposed lien. On August 21, 2003, The Code Enforcement Board heard sworn testimony regarding the above referenced request and recommended that City Council order Mr. Patel to obtain a permit within six months to pave the parking lot at 6850 N. Atlantic Avenue and upon completion of the project, the Code Enforcement Board recommends that the City Council rescind the fine and lien imposed upon the property. (166 days x $100.00 per day = $16,600.00, Plus $12.00 Administrative Costs.) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Date: 8/05/2003 Case #: 2002-00192 Yogi Patel 6850 N. Atlantic Avenue Yogi's Food & Discount Beverage Inc. Cape Canaveral, FL. 32920 Eity of Cape Canaveral of Ordinance/ Code Violation Request for Hearing Y,qu have requested a hearing before the Code Enforcement Board to request that the Board consider recommending a release or satisfaction of a Code Enforcement lien. Parcel Id: 24 -37 -23 -CG -00073.0-0009. You have been notified that you are in violation of Sec. 34-97 Responsibilities for Maintenance of Parking areas of the Cape Canaveral City of Ordinances. Must provide parking areas in good repair, free from erosion, properly marked and clear of litter and debris. This matter has been scheduled for a Code Board Hearing on August 21, 2003 at 7:00 P.M. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL. 32920 If you have any questions please contact the City of Cape Canaveral Code Enforcement Office at (321) 868-1222. r Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN �v2 �� Qr,1gZ CODE ENFORCEMENT CASE #: % APPLICATION FEE: $ APPLICANT: i ©� ���/ DATE: s ��3 ADDRESS: �� 5C� t--,Y-'-�''� CITY: �GL C�/� Q`' - STATE: I — L ZIP: NATURE OF VIOLATION(S):�lQ� ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED: /'n I t` d� AMOUNT: AY OR TOTAL COMPLIANCE DATE: /6/,26/b2-_ RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $- AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) ..i. Cst,SS�/J 117 �� ,P � � c-n� C;�"� •-Y� �vl �.�� � � ►� TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALT�Y� OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed ads additional pages) 1 ( 1 (�� fY'11-e - Date. -� I 16 �3 FOR STAFF USE ONLY APPLICATION FEE: $ IE5" RECEIVED BY CITY ON _-71 1S I COMPLIANCE CONFIRMED BY BUILDING DEPARTMENT ON CODE ENFORCEMENT REVIEW ON r I I U3 CODE ENFORCEMENT RECOMMENDATION ATTACHED: " YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Code Enforcement Board CRAFT Meeting Minutes August 21, 2003 Page 3 4. Case No. 03-59 - Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (145 E. Central Blvd) — Richard Kopitas, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. 5. Case No. 03-62- Violation of Section Violation of Section 34-181, Storing, parking or leaving vehicles on private property, of the Cape Canaveral Code of Ordinances, (8406 Canaveral Blvd.) — Carol Williams, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case was in compliance. REQUEST FOR RECONSIDERATION OF IMPOSED FINE: Case No. 2002 -DRS -00192, Yogi Patel, 6850 N Atlantic Avenue - Violation of Section 34-97, Responsibilities for maintenance of parking areas of the Cape Canaveral Code of Ordinances. Reauest for consideration of a reduction or elimination of the imposed lien Code Enforcement Officer, Duree Alexander provided an overview of the case history and presented Exhibits for the Board's review. Officer Alexander stated that Mr. Morley, City of Cape Canaveral Building Official completed a site inspection on May 5, 2003. At which time the Building Official found the property to be in compliance. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Biederman to find the respondent in compliance with the City of Cape Canaveral Code of Ordinance as of May 5th, 2003, based on the testimony by the Building Official. Vote on the motion carried unanimously. Mr. Patel testified that he did not have the money to pay the pending lien. He stated that all available funds are used for property improvements. Motion by Mr. Holfve, seconded by Mr. Stewart to recommend that the Cape Canaveral City Council order Mr. Patel to obtain a permit within six months to pave the parking lot at 6850 N. Atlantic Ave and upon completion of the project, the Code Enforcement Board recommends that the City Council rescind the fine/lien imposed on the property. Vote on the motion carried unanimously. ADMINISTRATION § 2-260 ARTICLE VI. CODE ENFORCEMENT* Sec. 2-258. Duties, responsibilities and pow- ers. DIVISION 1. GENERALLY Secs. 2-246-2-255. Reserved. DIVISION 2. CODE ENFORCEMENT BOARDt Sec. 2-256. Created. A code enforcement board is hereby established pursuant to the authority granted by F.S. ch. 162, or any successor statute. (Ord. No. 23-94, § 1, 7-19-94) The code enforcement board shall have duties, responsibilities and powers as set forth, and shall be governed in all respects, by F.S. ch. 162, or any successor statute, and shall have the power to hear appeals as otherwise set forth in the city Code of Ordinances. (Ord. No. 23-94, § 1, 7-19-94) Sec. 2-259. Prosecution of violations with no criminal penalty. Any violation of the city Code of Ordinances whl' h th 't 1 t c a %, y e ec s to prosecute before the code Sec. 2-257. Membership. enforcement board shall have no criminal penalty as to said violation. The city council shall appoint members of the (Ord. No. 23-94, § 1, 7-19-94) code enforcement board in accordance with the terms of F.S. § 162.05, or any successor statute. Sec. 2-260. pplication for satisfaction or re - (Ord. No. 23-94, § 1, 7-19-94) lease of code enforcement liens. "Editor's note—Ord. No. 23-94, § 1, adopted July 19, 1994, is treated as having repealed former Art. VI, §§ 2-246- 2-288, relative to Code enforcement, and enacted a new Art. VI to read as herein set out. The provisions of former Art. VI derived from Code 1981, §§ 265.01(A)—(I), 265.02, 265 .03, 265.05, 265.06(A) -4D), 265.07(A) -4I), 265.09, 265.10(A)— (D), 265.12 and 265.13 and Ord. No. 1-93, § 1, adopted Feb. 16, 1993. Cross references—Regulations regarding the amuse- ment device code, § 10-26 et seq.; regulations regarding outdoor entertainment, § 10-46 et seq.; regulations regarding adult entertainment, § 10-86 It seq.; regulations regarding animals, ch. 14; businesses, ch. 16; regulations regarding alarm systems, § 30-26 et seq.; regulations regarding littering, § 34-26 et seq.; litter abatement procedure, § 34-66 et seq.; regulations regarding property maintenance standards, § 34-91 et seq.; regulations regarding weeds and dead vegetation, § 34-121 et seq.; regulations regarding noise, § 34-151 et seq.; regulations regarding abandoned property, § 34-176 et seq.; regulations regarding lighting systems, § 34-206 et seq.; fire prevention and protection, ch. 38; regulations regarding col- lection and disposal of solid waste, ch. 62; regulations regard- ing excavations in streets, sidewalks and other public places, § 66-61 et seq.; regulations regarding occupational licenses, § 70-66 et seq.; regulations regarding the sanitary sewer system, § 78-26 et seq.; regulations regarding buildings, ch. 82; regulations regarding stormwater management, § 90-116 et seq.; regulations regarding signs, ch. 94; regulations regard- ing subdivisions, ch. 98; regulations regarding vegetation, ch. 102; regulations regarding wetlands protection, § 106-26 et seq.; regulations regarding zoning, ch. 110. State law reference—Code enforcement, F.S. ch. 162. +Cross reference—Boards, committees, commissions, § 2- 171 et seq. Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. Supp. No. 11 CD2:19 (a) Upon full payment by the violator of the fine or penalty in accordance with this chapter, the city manager shall execute and record a satisfaction of lien. (b) The application for satisfaction or release of lien shall be in written form, typed or handwritten, by the violator, and shall be submitted to the building official or the designee of the building official. the appli- cation shall include, but may not be lim- ited to the following: (1) The code enforcement case number; (2) The date upon which the violator brought the subject property into compliance with the City Code; (3) The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted; § 2-260 CAPE CANAVERAL CODE (4) The terms upon which the satisfac- tion or release should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the violator; and (7) Any other information which the vi- olator deems pertinent to the re- quest, including but not limited to the circumstances that exist which would warrant the reduction or sat- isfaction of the penalty or fine. (8) This application shall be executed under oath and sworn to in the pres- ence of a notary public. (c) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction or release of lien. (d) Upon receipt of the application for satis- faction or release of lien and payment provided above, the Building Official or designee of the building official shall con- firm through the code enforcement depart- ment that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question, the building official or designee of the building official shall place the applica- tion upon the agenda of the next meeting of the Code Enforcement Board for the City of Cape Canaveral. (e) At the hearing before the code enforce- ment board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board re- garding the application for satisfaction or Supp. No. 11 CD2:20 release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforce- ment board shall by motion direct a rec- ommendation to the city council for ap- proval, approval with conditions, or denial of the application for satisfaction or re- lease of lien. The code enforcement board, in determin- ing its recommendation, shall consider the following factors: (1) The gravity of the violation; (2) The time in which it took the viola- tor to come into compliance; (3) The accrued amount of the code en- forcement fine or lien; (4) Any previous or subsequent code vi- olations; (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. (f) After a recommendation has been ren- dered by the code enforcement board, the building official or designee of the build- ing official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board; or it may, in its discretion, provide the violator with an opportunity to address the council in re- gard to the application for satisfaction or release of lien. 0(g) a city council may approve, approve with conditions, or deny the application to satisfy or release of lien. If the city council approves the application to satisfy or re- lease the lien and the approval is condi- tioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be ADMINISTRATION prepared or recorded until the condi- C, tion(s) placed by the council have been satisfied. The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or re- lease of lien. If the application is denied or if the appli- cation is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one- year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (Ord. No. 05-2003, § 2, 2-18-03) Supp. No. 11 CD2:21 § 2-260 -i'�X ✓vr CITY OF CAPE CANAVERAL City of Cape Canaveral NOTICE OF ORDINANCE / CODE VIOLATION CORRECTIVE ACTION TO BE TAKEN Date: 9/25/2002 Case #: 2002 -DRS -00192 Yogi Patel Yogi's Food & Discount Beverage Inc. 6850 N. A�!antic Avenue Cape Canaveral, FL. 32920 According to our records you own or control the following described property.- 6890 roperty:6890 N. Atlantic Avenue , Brevard County, Florida. Parcel Id: 24 -37 -23 -CG -00073.0-0009. You are hereby notified that you are in violation of Sec. 34-97 Responsibilities for Maintenance of Parking areas of the Cape Canaveral Code of Ordinances. Must provide parking areas in good repair, free from erosion, properly marked and clear of litter and debris. Corrective action: The parking area must be clear of litter and debris. If corrective action is completed in 10 days no further action will be taken. If corrective action is not completed then this matter will be scheduled for a Code Enforcement Board Hearing on 10/17/02, at 7:00 P.M. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. If you have any questions please contact the City of Cape Canaveral Code Enforcement Office at (321) 868-1222. 4)1_ IL K wiz_ (�) - £ LN �— Denise R. Sherlock Code Enforcement Officer 105 Polk Avenue • Posc Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • www.fcn.scace.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com Eity of Cape Canaveral ENFORCEMENTBOARD APE CANAVERAL, FLORIDA Case #: 2002-00192 101 bmf 0` Yogi Patel 6850 N. Atlantic Avenue Yogi's Food & Discount Beveraae Inc. Cape Canaveral, FL. 32920 Accordina to our records you own or control the following described property: 6890 N. Atlantic Avenue , Brevard County, Florida. Parcel Id: 24 -37 -23 -CG -00073.0-0009. You are hereby notified that you are in violation of Sec. 34-97 Responsibilities for Maintenance of Parking areas of the Cape Canaveral Code of Ordinances. The parking area must be clear of litter and debris. Corrective action: Must provide parking areas in good repair, free from erosion, properly marked and clear of litter and debris. Corrective action should be completed within 10 days from the date this notice is received. You must contact Code Enforcement for a compliance inspection. Please note the case may be presented to the Board even if the violation has been corrected prior to the Board hearing. If corrective action is not completed then this matter will be scheduled for a Code Enforcement Board Hearing on October 17, 2002 at 7:00 P.M. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. If you have any questions or need to schedule an inspection, please contact the City of Cape Canaveral Code Enforcement Office at (321) 868-1222. DRS Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com r 10103/2002, 4:54PM CASE NUMBER: Action Report CITY OF CAPE CANAVERAL- CODE ENFORCEMENT CODE ENFORCEMENT BOARD AGENDA - OCTOBER 17, 2002 Printed by Denise 2002 -DRS -00194 CODE ENFORCEMENT OFFICER: Denise R. Sherlock LOCATION OF VIOLATION: 516 Madison Avenue Cape Canaveral, FL. 32920 NATURE OF VIOLATION: CASE NUMBER: 2002 -DRS -00195 LOCATION OF VIOLATION: 505 Fillmore Avenue Cape Canaveral, FL. 32920 NATURE OF VIOLATION: CASE NUMBER: 2002 -DRS -00191 LOCATION OF VIOLATION: 6890 N. Atlantic Avenue Cape Canaveral. FL. 32920 NATURE OF VIOLATION OWNER OF PROPERTY: Kevin Keeney 516 Madison Avenue A Cape Canaveral, FL. 32920 Sec. 34-181. Storing, parking or leaving on private property. CODE ENFORCEMENT OFFICER: Denise R. Sherlock OWNER OF PROPERTY: Nathan West 505 Fillmore Avenue #2 Cape Canaveral, FL. 32920 Sec. 34-181. Storing, parking or leaving on private property. CODE ENFORCEMENT OFFICER: Denise R. Sherlock OWNER OF PROPERTY: Yogi Patel Yogi's Food & Discount Beverage Inc. 6850 N. Atlantic Avenue Cape Canaveral, FL. 32920 Sec. 34-97(b)(2) Screening of dumpster area on three sides The dumpster area must be screened by use of walls, fencing, planting or a combination of these on three (3) sides with the open side positioned away from public view when possible, and which meet the design requirements in Appendix A (attached) CASE NUMBER: 2002 -DRS -00192 CODE ENFORCEMENT OFFICER: Denise R. Sherlock LOCATION OF VIOLATION: OWNER OF PROPERTY: 6890 N. Atlantic Avenue Yogi Patel Cape Canaveral, FL. 32930 Yogi's Food & Discount Beverage Inc. 6850 N. Atlantic Avenue Cape Canaveral, FL. 32920 NATURE OF VIOLATION: Sec. 34-97 Responsibilities for Maintenance of Parking areas Must provide parking areas in good repair, free from erosion, properly marked and clear of litter and debris. Page 2 J1 Code Enforcement Board Meeting Minutes October 17, 2002 Page 5 8. Case No. 2002 -DRS -00192, Yogi Patel — 6850 N. Atlantic Avenue, - Violation of Section 34-97, Responsible for Maintenance of Parking areas required of the Cave M1 Canaveral Code of Ordinances. Mr. Reid submitted pictures entered as Exhibit A. Mr. Reid responded to Mr. Stewart that this case was not a safety hazard and Mr. Patel was served the notice on September 27, 2002. Mr. Reid testified that Mr. Patel has made no contact with the Building Department. Motion by Mr. Stewart, seconded by Mr. Biederman to find Case Number 2002 -DRS -00192 in non- compliance and issue the following Board Order: CODE ENFORCEMENT BOARD (PUBLIC HEARING) — FINDINGS OF FACT CONCLUSION OF LAW — ORDER Code Enforcement Case No. 2002 -DRS -00192 Re: VIOLATION OF THE CAPE CANAVERAL CITY CODE OF ORDINANCES The Code Enforcement Board has heard testimony at the code Enforcement Board Hearing held on the 17`h day of October 2002, and based on the evidence, the Code Enforcement Board enters the following FINDINGS OF FACT, CONSLUSION OF LAW AND ORDER. FINDINGS OF FACT: Section 34-97 Responsibilities for Maintenance of Parking areas remains in violation. CONCLUSION OF LAW: Yogi Patel is in violation of Section 34-97 Responsibilities for Maintenance of Parking areas required of the Cape Canaveral Code of Ordinances. ORDER: That Yogi Patel shall comply with the aforementioned Sections of the City Code of Ordinances on or before October 21, 2002 5:00 PM by taking the following action: Section 34- 97 Responsibilities for Maintenance of Parking areas. Obtain a permit for paving on or before October 21, 2002 5:00 PM and complete the paving by November 21, 2002. Upon completion of the paving Yogi Patel shall immediately notify Moms Reid, a City Official for an inspection to determine compliance. Morris Reid shall inspect the property and notify the Board of compliance. However, upon failure to obtain a permit for paving by October 21, 2002 5:00 PM and completing the paving by November 21, 2002, there shall be a fine of $100 for the first day of non-compliance and $100 per day thereafter until the property is brought into compliance, which shall include all costs and fees incurred by city staff enforcing this order. Should a dispute arise concerning compliance, either party may request a further hearing before the Board. DONE AND ORDERED THIS 10/18/2002 at Cape Canaveral, Brevard County, Florida. 9. Case No. 2002 -DRS -00193, Yogi Patel — 6850 N. Atlantic Avenue, - Violation of Section 34-97 Duties and Responsibilities for Maintenance of premises required of the Cape Canaveral Code of Ordinances. Mr. Reid testified that Case No. 2002 -DRS -00193 is now in compliance. IJ 1 I CFN:2003031854 02-04-2003 11:27 am OR Book/Page: 4809 / 0634 54pcE Amb s . { naVera1 City of Cape Ca hJ 9 Scott Ellis Clerk Of Courts, Brevard County #Pgs: 1 #Names:2 Trust: 1.00 Rec: 5.00 Serv:0.00 ^- 0.00 'xcise:0.00 Mtg: 0.00 nt Tax: 0.00 CITY OF GAPE CANA,£RAL FINDINGS OF FAC DE ENFO -ORDER BOARD (PUBLIC HEARING)- ,,. ORDER �r CONCLUSION OF LAW Code Enforcement Case No. 2002 -DRS -0019 OF ORDINANCES. e Code Enforcement Board Hearing held on the RE: VIOLATION OF THE CAPE CANAVERAL CITY CO enters ;he following Pvidence, the Code Enforcement Board The Cede Enforcement 02 aandrd based on theimonYD ORDER. 17th day of October, 2 FINDINGS OF FACT, CONCLUSION OF LAW A areas remains in violation. ACT: Sec. 34-97 Responsibilities for Maintenance of Parking FINDINGS OFF Responsibilities for Maintenance of CONCLUSION OF LAW' Yogi Patel li in vi olf tionordoances34 97 Resp CONC e Canaveral Code of Ordinances Parking areas of the Cap Responsibilities for Patel shall comply with the aforementione ac Sections 34-97 i Resp ORDER: That Yogi P taking the following e October 21, 2002 5:00 PM oY permit for a paving on or before October 21.2002 5'.00 PM an on or befor areas . Obtain p Maintenance of parking November 21, 2002. complete the paving y Morris Reid. a City Official for an eiand notify the Board of letion of repairs, Yogi Patel shall immediately inspect the property Upon comp liance. Morris Rei e(m-tlfor paving by October 21, 2002 5 PM and inspection to determine compliance. inure to obtain a p liance. which shall compliance. However, uponNovember 21, 2002, there shall be a fine of $ into the is cry o the paving by N thereafter, until the property is brought completing 100 per d� this order - include and $ Citystaff in enforcing before the include all costs and fees incurredby art may request a further hearing Should a dispute arise concerning compliance, either Party Board.e Canaveral, Brevard County, Florida. DONE AND ORDERED this 1'0/1812002 at Cap CEDE EtiF RCEMiENT BOARD OF THE PE CANAVERAL, FLORIDA CITY OF CA `�, �V�rz i •{ ti 1 `- G' "-, �Rat has been 8Y: Jeffre osing PenaltyCh r r YOrder Imposing _ of the above and foregoing e Canaveral, a true and correct copy respondent and/or Respondent's I hereby,ce��fy-that -Code Enforcement official ei Inc. 16850 N. Atlantic Avenue Cap hand deliv red IDY Morris eid_ authorized cbu�nspf ai Y09a5 Food &Discount Beverage FL. 32920 on this 1011812002 BY. Enforcement Official Morris Reid, Code x 326 • Cape Canaveral, FL 32920-0326 105 Polk Avenue • Post Office -3170 • www,fcn.state.fl.us/cape -r t,r,hone (321) 868-1220 FAX (321) 799 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Considerations Item 5 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BUILDING PERMIT EXTENSION REQUEST, THE SCALES COMPANY, APPLICANT DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider the building permit extension request by the Scales Company for the project located at 6113 N. Atlantic Avenue, based on a financial hardship, for a period of six months as recommended by the building official. N 1 Summary Explanation & Background: Code Section 82-14 provides the City Council may only grant building permit extensions. The permit in question was issued on 01-21-03. If the extension is granted, it would expire on 01-21-04. Exhibits Attached: Building official's memo; related documents City a is Office/� Department PUBLIC SAFETY/BUILDING_� DEPARTMENT C— c kim\m ocum dmin\council\meeting\2003\09-02-03\scales.doc Memo Date: August 2% 2003 To: Bennett Boucher, City Manager Few Todd Morley, Building OAicial RE: Request for Agenda Item I would like to request that the following issue be considered at the September 2nd City Council meeting. As per City Ordinance Sec. 82-14 and recent correspondence from the City Attorney, an extension of a permit may only be granted by the City Council. Please provide council's direction regarding approval of the following request for permit extension: The Scales Company of Brevard, Inc. has requested an extension of Permit #1114 for building renovations on the old Knot House building (6103 N. Atlantic Ave.). Attached are copies of the correspondence between the Building Dept and The Scales Company of Brevard, Inc. Please consider the following: City Ordinance Sec. 82-14 and the Florida Building Code states in 104.5 that every permit becomes invalid if work is not commenced within six months of issuance. Work did not commence within six months on this project. FBC 104.5.1.2 provides that a : tew permit may be issued on application. It is my opinion that Council should grant this request with the provision that it is a one-time extension and that work authorized by the permit must be completed by January 21, 2004 (one year from the original date of issuance). 4003 16: 18 321-799-9233 T �F July 21, 2003 T The �► &MIN CONSTRUCTION SERVICES Mr. Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Permit #1114 — 6103 -- 6113 Nortn Atlantic Ave. Dear Todd: Please consider this our request to extend Permit #1114 by six (G) months. We anticipate construction to resume within the very near future. Sincerely, Bob Scales, President JRS:Iaf PAGE e32 66 NpRTriAT�ANTIC AVENUE. SUITE 205 • CpCQA sEAGH, FL 31831 ' PHONE; (32+) 799.947 -FAX(J21) 79,3„9236 . L1C, CSC 057611 .24/2003 09;09 321-799-9238 T ol TMe 51Steles C Many CONST RUCTION SERVI SES July 23, 2003 VIA FAX AND MAIL Mr, Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Permit #1114 for 6103 - 6113 North Atlantic Ave. Dear Mr. Morley: PAGE 72 Pursuant to your request, we offer the following synopsis of the circumstances surrounding our request for an extension to the above referenced building permit. The original European investors were quite conservative and following the issuance of the original permit, the unfortunate Columbia shuttle loss caused them to immediately cease their activities in Brevard County fearing a locclized ecc,.cmic dc.... 44AfM Tt, I I �nmr+rnnne.r Mr. Vni*h Annt'Ir:tt, sought;he G?,4' 1I; ;I'll iro";,?It;, to o L c I°'3Er4 IIVesC,' 7'31.'.':.[1 th= I.1pv.R:d and affluent growth of Cape Canaverai. Foiiowi;-g Qc. io: ,.f , s d: i�-�Ice ,Anis to he completed prior to the eXpir atinei of i" -(.-A prof ,S 1,{, t;•`rmfur :Iwne:.,:iip. The new closing is Jc;il,,j �';'.e y: -s! cf AuvusT 4, 2003. iJpnrl closing the new owner i-fl.r1ler. t r<om -^ nne 1i1711j it S„I I, IIV Il Ir IIIIIeU1Q lGljl III UI UOI lV UG lllJCli ill IVNva,,aic1. +�{ i�pp?Ft:iatE your 0--1-,$iJ6,ation of V'v:^ nhove and look forward to the oflr:t��l�:,.ior of this pro;ect to your satisfaczkk n. 3ob Scales, President JHS:Iaf ri•'i1rUii 1-i A ;i.Aiv 710 AV UE, S fTE205 -COCOA BEACH, FL 32931 •PHONE: (221) 799-9237 -FAX. r3,^:yr 74"78 •1./C C8C057611 City of Cape Canaveral, Florida BUILDING PERMIT L/1 114 PHONE: 321-8684222 INSPECTIONS & FAX: 868-1247 Permit Number: 1114 Issued: 1/21/2003 Address: 6103 ATLANTIC AV N Permit Type: BUILDING ALTERATION CAPE CANAVERAL, FL Class of Work: REPAIR/REPLACE Township: Range: Proposed Use: BUSINESS Lot(s): Block: Section: Sq. Feet: Est. Value: Book: Page: Cost: 255,000.00 Total Fees: 2,162.551 Subdivision: Amount Paid: Date Paid: Parcel Number: 24 3726CH 2201 Name: SCALES CO. OF BREVARD INC. Name: HWB RETAIL DEVELOPMENT LLC Addr: 66 N. ATLANTIC AVE. Address: P O BOX 320577 COCOA BEACH, FL 32931 COCOA BEACH, FL 32931 Phone: (321)799-9237 Lic: CBC057611 Phone: Work Desc: BUILDING RENOVATIONS BUILDING OVER 2K 1,170.00 ELECTRICAL - REP/ALT UNDER 30.00 PLUMBING - PER BATH FEE 30.00 PLAN REVIEW OVER 2K 585.00 MECHANICAL REP/ALT 30.00 RADON SURCHARGE 90.73 FIRE PLAN REVIEW 226.82 i I it I i i TIE BEAM ROOF SHEATHING WINDOWS & D OR BUCKS I PRE -LATH DRYWALL FIRE TAPING PREPOWER INSULATION FINAL E i i APPLICATION A CEP E BY:_yW PLANS CHECKED B APPROVED BY: NOTICE: NULL AND VOIDWORK OR CONSTRUCTION AUTHORIZEDIS M N WITHIN R IF CONSTRUCTION OR WORK IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. l "BY/DATE AUTHOIZED SIGNATURE/DATE BUILDINGS AND BUILDING REGULATIONS § 82-18 purpose in a manner exhibiting wanton and will- paid as required at the time of filing application ful disregard of the safety, health and welfare of in ace ance with appendix B of the City of C;anP the public. Cana . (Ord. No. 06-2001, § 1, 12-4-01) (Ord. No. 06-2001, § 1, 12-4-01) Sec. 82-14. Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in pians, construction, or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time wor is commenced. The permit shall be- come invalid after three years from the date of its issuance in zoning districts of the city, unless the building or buildings subject to the permit have exteriors and landscaping which are in substan- tial compliance with the plans and specifications and comply with the provisions of section 34-96, section 34-97, subsections 34-98(3)—(9), and (11), section 34-99, and section 34-122 of the City Code of Ordinances. _Extensions of time for building ,permits may be granted only by the city council. Further, any unfinished buildings or structures for which a permit has lapsed or otherwise be- come invalid, and where the appearance and other conditions of such unfinished building or structure substantially detracts from the appear- ance of the immediate neighborhood, or reduces the value of property in the immediate neighbor- hood, or is a nuisance shall be deemed to be a violation of the above referenced code sections, which violation may be enforced by the code enforcement board. (Ord. No. 06-2001, § 1, 12-4-01) Sec. 82-15. Schedule of permit fees. On all buildings, structures, electrical, plumb- ing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be Supp. No. 9 Sec. 82-16. Additional data. The building official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal. (Ord. No. 06-2001, § 1, 12-4-01) Sec. 82-17. Hazardous occupancies. The building official may require the following: (1) General site plan. A general site plan drawn at a legible scale which shall in- clude, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical load- ing areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be iden- tified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. (2) Building floor plan. A building floor plan drawn to a legible scale, which shall in- clude, but not be limited to, all hazardous materials storage facilities within the build- ing and shall indicate rooms, doorways, corridors, exits, fire -rated assemblies with their hourly ratings, location of liquid - tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. (Ord. No. 06-2001, § 1, 12-4-01) Sec. 82-18. Special foundation permit. When application for permit to erect or enlarge a building has been filed and pending issuance of CD82:5 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -2"d Hearing Item .Summary Explanqtion & Background: No. community in regard to public nudity. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-2003, REPEALING SECTION 50-2 AND AMENDING THE ADULT ENTERTAINMENT CODE DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the adoption of Ordinance No. 18-2003 that repeals Code Section 50-2, Public Nudity and provides for amendments to Chapter 10 of the Adult Entertainment Code. .Summary Explanqtion & Background: The repeal of Section 50-2, Public Nudity, will make the Brevard County.Ordinance the operation of law for our community in regard to public nudity. The amendments to Chapter 10 of the Adult Entertainment Code make the definitions consistent with the county code and current case law. I recommend approval. Exhibits Attached: Ordinance No. 18-2003 City Maq.Wls Office ,� Department ADMINISTRATION kim\ do s\admin\counci1\meeting\2003\09-02-03\18-2003.doc ORDINANCE NO. 18-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; PROVIDING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE, TO CONFORM TO THE BREVARD COUNTY PUBLIC NUDITY ORDINANCE; AMENDING THE PLATFORM REQUIREMENT FOR PERFORMERS IN ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND 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, local governments may prohibit the exposure of certain body parts, see Geaneas v. Millets, 911 F.2d 579 (11th Cir. 1990), certiorari denied, 499 U.S. 955, 111 S. Ct. 1431, 113 L.Ed. 2d 484 (1991); and WHEREAS, efforts by the State and Federal governments to apply Florida criminal statutes to the public display of nudity have been rejected by the courts because, under certain of Florida's criminal laws, nudity alone cannot be prosecuted without proof of lewd and lascivious conduct; and WHEREAS, other local governments have successfully passed and defended regulations relating to public nudity, including other cities in Central Florida; and WHEREAS, conforming the City of Cape Canaveral's Adult Entertainment Code to the Brevard County Public Nudity Ordinance is a valid exercise of the City's police power; and WHEREAS, the City Council of the City of Cape Canaveral finds that public nudity and sexual conduct begets undesirable behavior, and that adverse secondary effects such as, but not limited to, prostitution, lewd and lascivious behavior, attempted rape, rape, and assault may occur and have the potential for occurring where public nudity and sexual conduct is permitted; and WHEREAS, the City Council of the City of Cape Canaveral desires to prohibit the public display of nudity and sexual behavior or the simulation thereof in adult entertainment establishments; and WHEREAS, the City Council of the City of Cape Canaveral believes that persons who choose to appear nude in public places are engaging in conduct which often serves to impose City of Cape Canaveral Ordinance 18-2003 Page 1 of 7 their nudity on others who did not seek it out, who are not able to reasonably avoid observing it, and who may be offended or distressed thereby; and WHEREAS, appearing nude in public places was a criminal offense at common law and was considered an act malum en se (a wrong in itself) and appearing nude in a public place which is not a public place provided or set apart for nudity has been considered improper. See Moffett v. State, 340 So. 2d 1155, 1156 n.3 (Fla. 1977); and WHEREAS, the City Council of the City of Cape Canaveral desires to protect and preserve the wholesome character of the City of Cape Canaveral as a family oriented community with a high quality of life offered for families, tourists and businesses; and WHEREAS, the City Council of the City of Cape Canaveral believes that appearing nude in public places is still contrary to the general community standards; and WHEREAS, the City Council of the City of Cape Canaveral believes that the appearance of persons in the nude in public places, including adult entertainment establishments, generally increases adverse secondary effects such as, but not limited to, incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to the community, and encourages degrada- tion of women and other activities which break down societal and family structures; and WHEREAS, the City Council of the City of Cape Canaveral believes that without regulation, public nudity constitutes harmful conduct and occurs in a manner which is incompatible with the normal primary activity of a particular place at a particular time; and WHEREAS, the City Council of the City of Cape Canaveral's sole intent in enacting this Ordinance is to prohibit the conduct of being nude in adult entertainment establishments and to suppress the adverse secondary effects such nudity generates; and WHEREAS, a requirement that exotic dancers don opaque covering sufficient to cover the genitals, buttocks and the breasts, as such portions of the human anatomy are defined in this Ordinance, does not deprive a dance of whatever erotic message, if any, it may convey, but simply makes such message, if any, slightly less graphic and imposes only an incidental limitation, if any, on the message; and WHEREAS, it is the intent of the City Council of the City of Cape Canaveral to protect and preserve the good order, public health, safety, welfare and morals of the City of Cape Canaveral by restricting, to the fullest extent allowed by the United States Constitution and Florida Constitution, the act of being nude in places which are not readily visible to the public; and WHEREAS, the City Council of the City of Cape Canaveral believes that the City of Cape Canaveral is a City that is, and desires very much to continue to be, a community that contains and is known for traditional and wholesome public recreational activities, natural features and resources, and historic facilities; and City of Cape Canaveral Ordinance 18-2003 Page 2 of 7 WHEREAS, the City Council of the City of Cape Canaveral believes that the average person applying contemporary City of Cape Canaveral community standards would find that the public nudity prohibited by this Ordinance, if allowed, when taken as a whole: (i) appeals to the prurient interests, and (ii) lacks serious literary, artistic, political, and scientific value; and WHEREAS, the City Council of the City of Cape Canaveral believes that non -regulation of persons appearing nude in public places within the City of Cape Canaveral encourages persons and entities to advertise outside of the City of Cape Canaveral and the State of Florida by billboard, radio, print and other media the availability of nudity in public places within the City of Cape Canaveral and thus encourages the influx into the City of Cape Canaveral of persons seeking: (i) to observe and/or participate in such nudity, and (ii) to participate in the disorderly, harmful, and illegal conduct that is associated therewith, thereby increasing injuries and damages to the citizens of the City of Cape Canaveral who will be victims of such increased disorderly, harmful, and unlawful conduct and thereby working directly against the City of Cape Canaveral's economic development and tourism development activities; and WHEREAS, the City Council of the City of Cape Canaveral believes that commercial advertising and/or exploitation of nudity encourages escalation of nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and WHEREAS, the City Council of the City of Cape Canaveral believes that the commercial exploitation of women as exotic dancers and/or exploitation of any gender's nudity encourages escalation of nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and WHEREAS, the City Council of the City of Cape Canaveral believes that the prohibitions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is adverse to public order, health, safety, morality, and decency within the City of Cape Canaveral when such conduct takes place at locations where the public is present or is likely to be present, or where such conduct would be readily visible to the public; and WHEREAS, the City Council of the City of Cape Canaveral believes that the passage of this Ordinance is necessary to preserve the basic character of the City of Cape Canaveral; and WHEREAS, states may regulate the conduct of appearing nude in public places. See Pap's A.M. v. City of Erie, 812 A. 2d 591 (Pa. 2002); Michael Barnes v. Glen Theater, Inc. 501 U.S. 560, 111 S.Ct. 2456 115 L.Ed. 2d 504 (1991) and Cafe 207, Inc. v. St. Johns County, 856 F. Supp. 641 (M.D. Fla. 1994), affd, 989 F.2d 1136 (11th Cir. 1995); and WHEREAS, the clothing requirements of this Ordinance are substantially similar to those required by the Seminole County public decency ordinance upheld as constitutional by Judge O. H. Eaton, Jr. of Florida's Eighteenth Judicial Circuit in Koziara et al v. Seminole County, Florida, Case No. 99 -CA -511-16-E (April 23, 2003); and City of Cape Canaveral Ordinance 18-2003 Page 3 of 7 WHEREAS, the City Council of Cape Canaveral has taken significant note of the fact that Seminole County and Brevard County are in the same state judicial circuit and that uniformity of judicial decisions in a particular circuit are favored by the courts; and WHEREAS, the City Council of the City of Cape Canaveral is not hereby prohibiting nudity in private places or prohibiting nudity which is protected by the United States Constitution or Florida Constitution; and WHEREAS, this Ordinance is intended to regulate conduct, not speech; and WHEREAS, this Ordinance is a general ordinance regulating conduct and is not an ordinance that affects the use of land as contemplated by Section 166.041, Florida Statutes; and WHEREAS, this Ordinance shall be deemed supplemental and in addition to the Brevard County Public Nudity Ordinance and the clothing requirements set forth herein for adult entertainment establishments are intended to be consistent with the Brevard County Public Nudity Ordinance; and WHEREAS, this Ordinance shall not be construed in any respect whatsoever to opt the City of Cape Canaveral out of the Brevard County Public Nudity Ordinance and that Brevard County's Public Nudity Ordinance shall remain in full force and effect within the territorial boundaries of the City; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 50-2 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby repealed in its entirety: (underlined type indicates additions and stT-i eettt type indicates deletions). City of Cape Canaveral Ordinance 18-2003 Page 4 of 7 Section 3. Conforming Amendments to the Adult Entertainment Code. That Article N of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and str-ikeeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article IV. It is intended that the text in Article IV denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). ARTICLE IV. ADULT ENTERTAINMENT Division 1. Generally Sec. 10-86. Definitions. Specified anatomical areas means: (1) Less than completely and opaquely covered: Human genitals or pubic region; b. The anal eleft f the 1+ufna butt Any portion of the anal cleft or cleavage of the male or female buttocks. Attire which is insufficient to comply with this requirement includes but is not limited to G-strings, T -back bathing suits thong bikinis dental floss or any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; C. Any pei4ien of the human feniale breast below the top of the ar-eela (t eeler-ediing around+- the nipple) Thisdefinition .,hal .. ^ludo the tiro ro Jll(A breast,peftion of the but shall not be interpreted to ineltide any per -tion of t dress,elea-vage of the breast exhibited by a bathing suit eF blouse, 7 leotard, other-! idea the eel "v+ uv expose a The portion of the o r 1 � human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, including the areola and nipple but shall not include any portion of the cleavage of the human female breast exhibited by a dress blouse shirt leotard bathing suit or other clothing, provided the areola is not exposed. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. For purposes of this definition body paint, body dye a tattoo latex or any similar substance shall not be considered an opaque covering. City of Cape Canaveral Ordinance 18-2003 Page 5 of 7 Division 3. Permit for Employees Sec. 10-136. Required. (a) Unless specifically excluded in subsection (b) of this section, it shall be unlawful for any person to obtain employment in an establishment licensed or permitted to operate under this article, for any form of consideration, ^M to exhibit ^~ display speeified ^^^t^nl=eal areas in an establishment licensed or permitted to operate under this article, unless and until such person shall have first obtained an adult entertainment permit or temporary permit from the city manager. (b) This division shall not apply to employees engaged exclusively in performing janitorial or maintenance services. Division 4. Operation of Establishments Sec. 10-172. Exhibit or display of certain anatomical areas by employees or patrons prohibited. It shall be unlawful for any employee of a commercial establishment, regardless of whether it is licensed under this article, where the employee knows or should have known that alcoholic beverages are on the premises, to exhibit or display the i.,,,,.,^„ genital or .,ubie region, the anal ezezorthe aoz�r- the —���rthe human female — specified anatomical areas. Sec. 10-177. Adult dancing establishment. (2) No employee in an adult dancing establishment shall engage in the display or exhibition of specified anatomical areas, unless tls positioned immediately suffetinding area and e g an area of at least 100 squafe feet and at least d o feet f e a ^t. of speetate (3) No speetateror- tren—shall exhibition of speeified ^temieal No employee shall engage in any City of Cape Canaveral Ordinance 18-2003 Page 6 of 7 performance in view of a patron of the establishment, including erotic dances, unless the performance occurs on a permanent platform raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an entertainment area of at least one hundred (100) square feet and at least three (3) feet from a patron. No patron shall be present on the platform or within the entertainment area during performances. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 18-2003 Page 7 of 7 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -2nd Hearing Item 7 No. See attached ordinance. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 22-2003, AMENDING CODE SECTION 54-47, PROVIDING FOR A REVISED DEFINITION OF VESSEL DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 22-2003 amending Code Section 59-47, providing for a revised definition of vessel. i Summary Explanation & Background: This amendment was proposed at a recent code review workshop. See attached ordinance. I recommend approval. Exhibits Attached: Ordinance No. 22-2003 City Manage"Office Department LEGISLATIVE r ca im\myd in\conn meeting\2003\09-02-03\22-2003.doc ORDINANCE NO. 22-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A REVISED DEFINITION OF VESSEL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council has is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to clarify the definition of vessel under Chapter 54 of the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That section 54-47 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in section 54-47. It is intended that the text in section 54-47 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 54-47. Definitions Vessel means a motut-propefledevery City of Cape Canaveral Ordinance No. 22-2003 Page l of 2 description of watercraft and airboat used or capable of being used as a means of transportation or recreation on the water. As used in this acrticle the terms "boat" and "watercraft" are synonymous with "vessel." Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2003. F:\Docs\City of Cape Canaveral\Ordinances\Ord_VesseI_Def 22-2003_080103.wpd City of Cape Canaveral Ordinance No. 22-2003 Page 2 of 2 ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Ord_VesseI_Def 22-2003_080103.wpd City of Cape Canaveral Ordinance No. 22-2003 Page 2 of 2 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -2nd Hearing Item 8 No. See attached ordinance. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 23-2003, AMENDING CHAPTER 62, RELATING TO THE COLLECTION OF SOLID WASTE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 23-2003 amending Chapter 62, providing for revised definitions and providing for the regulation of recoverable materials. F Summary Explanation & Background: These amendments to Chapter 62 were proposed at a recent code review workshop. See attached ordinance. I recommend approval. Exhibits Attached: Ordinance No. 23-2003 City Man s fiice ,,,.�7 Department LEGISLATIVE cape' \mydo e \council\meeting\2003\09-02-03\23-2003.doc ORDINANCE NO. 23-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR THE REGULATION OF RECOVERABLE MATERIALS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to update Chapter 62 of the Code of Ordinances to ensure compliance with Chapter 403, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 62 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeotat type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 62. It is intended that the text in Chapter 62 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. 23-2003 Page 1 of 6 CHAPTER 62 - SOLID WASTE Sec. 62-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved container means industrial containers and containers provided by any customer of the city solid waste removal service and acceptable to the City. Bulk container means a 55 -gallon drum supplied by the city for temporary storage of solid waste at street and beach locations and other city recreational facilities. Business means and includes all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. Collector means any person or entity authorized by the city to collect and remove solid waste. Commercial means and includes all retail, professional and wholesale facilities, but shall not include industrial facilities. Containerized business means and includes any business, multi -family dwelling or other structure whose solid waste is deposited in an approved container for removal by the collector. Duplex means and includes a detached two-family dwelling designed or intended for occupancy by two families. Hazardous materials waste means solid wastes that are hazardons by reason of their Pathological, explosi Y e, radiologiC a! or toxic characteror a combination of solid wastes, which because of its quantity, concentration or physical chemical or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or maypose a substantial present or potential hazard to human health or the environment when improperly transported disposed of stored treated or otherwise managed. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. Individual container means an individual 20- or 30 -gallon container for temporary storage of solid waste. Industrial means establishments generating solid waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. Industrial container means a two cubic yard or larger container which can be emptied by mechanical means. City of Cape Canaveral Ordinance No. 23-2003 Page 2 of 6 Multiple dwelling means and includes any building or structure containing four or more contiguous living units and intended exclusively for residential use by single persons or families. see also Recyclable material means , newspapers, glass jars, and bottles (from food products only) and plastic beverage bottles those materials which are capable of being recycled and which would otherwise be processed or disposed as solid waste. Recoverable materials means metal paper, glass plastic textile or rubber materials that have known recycling potential can be feasibly recycled and have been diverted and source separated or have been removed from the solid waste stream for sale use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal Recovered materials as described above are not solid waste. Single-family residence means and includes a detached single-family dwelling designed or intended for occupancy by one person or by one family. Solid waste means and-inctudes sludge unregulated under the Federal Clean Water Act or Clean Air Act sludge from a waste treatment works water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, yard trash, elean debris, white goods, special waste, shes, sludges or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Special container means any container provided by the city to segregate and collect any type of solid waste. Special material means those bulky materials or other special solid wastes that are not stored in approved containers and are not routinely generated in residential areas. Triplex means and includes a detached three-family dwelling designed or intended for occupancy by three families. Yard waste trash means solid waste which is an accuintilation of lawn, grass or shrubbery c or clippings and dry leaf rakings, pahn fronds, small tree branches (not to exceed dour feet in length and 50 pounds in weight), bushes or shrubs, green leaf cu I I i - ' its, fruits or othe;r matte usually created in thu care of lawns and yards ot in !and -clearing operations vegetative matter resultinja from landscaping maintenance and land clearing operations. Sec. 62-4. Ownership by City. Ownership of solid waste set out for collection shall be vested in the City. It shall be unlawful for City of Cape Canaveral Ordinance No. 23-2003 Page 3 of 6 any person other than the authorized collector to disturb, scatter, spread out, or remove any solid waste set out for collection. Law enforcement agencies and their personnel when within the scope of their employment are exempt from the provisions of this section. Nothing in the section shall be construed as prohibiting commercial establishments, thatengem erate recoverable materials from selling or otherwise conveying its recoverable material to any properly certified recovered materials dealer which satisfies the conditions provided in Section 403.7046, Florida Statutes. Sec. 62-9. Residential solid waste pickup conditions. (a) Separation of solid waste each owner, resident and occupant of any residential unit shall not place any yard waste trash; or recyclable or recoverable material in any individual container. Each individual container shall contain solid waste, excluding yard waste trash, and recyclable or recoverable materials, which shall be wrapped or inserted into individual containers in a plastic or paper bag before being inserted into individual containers. (b) Recyclable or recoverable material. Recyclable or recoverable materials shall be placed in special containers provided by the City, except in the case of a commercial establishment which has contracted within properly certified recovered materials dealer, as provided above in section 62-4 of the City Code. Only recyclable or recoverable materials may be contained in the special containers. Special containers shall be provided for each single-family residence, duplex and triplex and shall be placed by each owner, resident or occupant at curbside in front of such residential unit. Multiple dwelling units shall be provided special containers for use by all occupants of such unit which shall be located at the discretion of the city manager. No solid waste, other than recyclable or recoverable materials, shall be placed in a special container. Recyclable Recoverable items made of glass shall not be placed in special containers in a broken condition and shall not be broken in special containers. (c) Yard Pruste trash. Yard waste trash must be placed in a reusable container which shall not include any paper or plastic bag. Yard haste trash shall not be commingled with any other solid waste or recyclable or recoverable material. Limbs shall not exceed four feet in length and shall not weigh in excess of 50 pounds. Limbs should be stacked in a uniform direction. Containers for yard waste shall be provided by the owner, resident, or occupant of any residential unit. No other solid waste, including recyclable or recoverable materials, shall be commingled with yard waste trash. (d) Solid waste. Solid waste other than yard waste trash and recyclable or recoverable materials shall be placed in individual containers. Each individual container shall not exceed 50 pounds of solid waste. Any item of solid waste shall not exceed the measurement of four City of Cape Canaveral Ordinance No. 23-2003 Page 4 of 6 feet in any direction. Containers for solid waste shall be provided by the owner, resident or occupant of any residential unit. Recyclable materials and yard haste trash shall not be commingled with other solid waste. Sec. 62-11. Unlawful acts. (f) Hazardous mate, irds waste. It shall be unlawful for any person to deposit or dispose of any Hazardous materials waste in individual or industrial containers from which the collector removes solid wastes for the City. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. 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. [This area left intentionally blank, adoption on next page] City of Cape Canaveral Ordinance No. 23-2003 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FADocs\City of Cape Canaveral\Ordinances\Solid_Waste_23-2003_080603.wpd City of Cape Canaveral Ordinance No. 23-2003 Page 6 of 6 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -2"d Hearing Item 9 No. .Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 24-2003, AMENDING CHAPTER 34, ARTICLE II, LITTER DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 24-2003 amending Chapter 34, Article II, Litter. Adds Section 34-42, Enforcement. Adds Section 34-43, Abatement; Assessment Repeals Chapter 34, Article II, Division 3, in its entirety. r .Summary Explanation & Background: These amendments to Chapter 34 were proposed at a recent code review workshop. See attached ordinance. I recommend approval. Exhibits Attached: Ordinance No. 24-2003 City Ma is Office Department LECJ$LATIVE kim\ s admin\council\meeting\2003\09-02-03\24-2003.doc ORDINANCE NO. 24-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34, ARTICLE II ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF CODE SECTIONS 34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34, ARTICLE II, DIVISION 3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT THE CITY'S CODE ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS; PROVIDING FOR THE ABATEMENT OF LITTER AND ASSESSMENT OF COSTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council, upon review of the litter control regulations, desires to amend the enforcement provisions to make use of administrative procedures adopted for the City of Cape Canaveral Code Enforcement Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Adoption. That Sections 34-42 and 34-43 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby adopted as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 34. It is intended that the text in sections Chapter 34 denoted by the City of Cape Canaveral Ordinance No. 24-2003 Page 1 of 5 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 34 - ENVIRONMENT ARTICLE II. - LITTER DIVISION 1. GENERALLY Sec. 34-42. Enforcement. The terms of this article shall be enforced in accordance with the provisions of Chapter 2, Article VI, of the City Code of Ordinances, entitled Code Enforcement and Chapter 162, Florida Statutes. Sec. 34-43. Abatement; assessment. Under this division. if a Dronertv owner does not comply with the notice of violation and corresponding order of the City of Cape Canaveral Code Enforcement Board within the time specified, the City may remove the litter or cause the litter to be removed. The City may charge or assess the property and owner with the actual cost of labor performed, materials furnish and disposal fees. Such amounts shall constitute an indebtedness of the owner of the property to the City and shall constitute a lien against the property which shall be superior in dignity to all other liens, except liens for state, county, and city taxes and liens for special assessments for public improvements. Secs. 34-424 34-50. Reserved. DIVISION 3. ABATENIENf RESERVED City of Cape Canaveral Ordinance No. 24-2003 Page 2 of 5 .. City of Cape Canaveral Ordinance No. 24-2003 Page 2 of 5 Is 7' IN ...is. . 11111111111 is . lwmvrllLl&.Iwlvmt"m� stone all it.] Room I"lrm a a is ME 11111111111111 11,1k,111,1111 III I .. ... ... . .. . . 9mleA Miami DZWl Hill... . .14kmmerter.. City of Cape Canaveral Ordinance No. 24-2003 Page 3 of 5 Do ... .• ... .. am 1111 .. . . .. .. . ... MA7A 111111 104 111 I"W,'Il . . . . . . ... ... .. . , City of Cape Canaveral Ordinance No. 24-2003 Page 3 of 5 Secs. 34-7066 34-90. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. 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. [Adoption and signatures next page.] City of Cape Canaveral Ordinance No. 24-2003 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Ord_Litter_24-2003_080803.wpd City of Cape Canaveral Ordinance No. 24-2003 Page 5 of 5 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -2"d Hearing Item 10 No. better enforce the provisions in this chapter. A screening requirement for carports was also added. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 25-2003, AMENDING CHAPTER 34 RELATING TO INOPERABLE MOTOR VEHICLES DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider the adoption of Ordinance No. 25-2003 amending Chapter 34, providing for an updated definition of an inoperable motor vehicle and screening of inoperable vehicles stored within a carport. p Summary Explanation & Background: Building Official Todd Morley and his staff requested the amendment to the definition of inoperable motor vehicle to better enforce the provisions in this chapter. A screening requirement for carports was also added. The building official and I recommend approval of this ordinance. Exhibits Attached: City Attorney's memo of 08-01-03; Ordinance No. 25-203 City Man Office Department PUBLIC SAFETY/BUILDING DEPT. CeeV;�-kim\my admin\council\meeting\2003\09-02-03\25-2003.doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Usher L. Brown Suzanne D'Agresta° Anthony A. Garganese' Gary S. Salzman* John H. Ward' Jeffrey S. Weiss $Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law Via Facsimile and U.S. Mail Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920 Attorneys at Lazy Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Cocoa & Viera Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos August 1, 2003 Re: Ordinance - Inoperable Motor Vehicles City of Cape Canaveral - Building/Code Enforcement/Zoning Our File No.: 513-008 Dear Todd: Erin J. O'Leary Of Counsel Please find enclosed herewith for your review, consideration and comment a proposed Ordinance amending Chapter 34 of the City Code relating to inoperable vehicles. You will note that we have refined the inoperable motor vehicle definition, and believe you will find the same more user friendly. In addition, we took the liberty of including a provision regarding the screening of inoperable vehicles that are stored within carports. We have found with our other cities that many inoperable vehicles, which would be unacceptable parked in front of a residence, are equally as unacceptable when parked within the carport. After you have reviewed the ordinance, please call to discuss the same and to advise if there are any other provisions which need to be included or if you would prefer not to include the screening measure. Following which, we will provide by email to the City Manager, a copy of this Ordinance to be placed on the next City Council agenda. 225 East Robinson Street, Suite 660 • P.O. Box 2873. Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net - Email: firm@orlandolaw.net Todd Morley, Building Official August 1, 2003 Page 2 If you have any questions regarding this matter, please do not hesitate to contact our offices. Very truly yours, Je y P. Buak Assistant City Attorney JBP/cg Enclosure cc: Bennett Boucher (w/o encl.) ORDINANCE NO. 25-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code of Ordinances to determine where the City Code is in need of clarification or updating; and WHEREAS, during this review it was determined by the City Council that the regulations regarding the storage of inoperable motor vehicles was in need of clarification; and WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 34 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 the Ordinance of text existing in Chapter 34. It is intended that the text in Chapter 34 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 34 ENVIRONMENT City of Cape Canaveral Ordinance No. 25-2003 Page 1 of 4 Article IV. Abandoned Property Sec. 34-176. 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: Abandoned property means all tangible personal property which does not have an identifiable owner and which has been disposed of in a wrecked, inoperative or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. Abandoned property shall include, but not be limited to, motor vehicles, machinery, refrigerators, washing machines, plumbing fixtures, and furniture which have been left unprotected from the elements. Enforcement authority means the person designated by the city manager to enforce this article, and his or her agents and designees. Inoperable motor vehicle means a motor vehicle which is unuseable for its intended purpose or incapable of operating under its own power due to extensive damage, disassembly, deterioration, or the existence of trash or undergrowth in or around the motor vehicle indicating disuse. The absence of a license plate for the current year and/or the absence of a current motor vehicle registration shall be prima facie evidence that such motor vehicle is inoperable. does not have affixed theteto a ennen however,license plate and vehicle registration; provided, t This definition shall not apply to motor vehicles owned or leased by an automobile dealer, provided that such dealer shall possess a current, valid occupational license and the vehicles are stored on property which is properly zoned and approved for use as an automobile dealership. Motor vehicle means a vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motor homes and trailers Private property means any real property within the city which is privately owned and which is not defined in this section as public property. Public property means any property in the city which is owned by a governmental body and buildings, parking lots, parks, streets, sidewalks, swales, rights-of-way, easements and other similar property, except paved portions of rights-of-way Sec. 34-181. Storing, parking or leaving on private property. City of Cape Canaveral Ordinance No. 25-2003 Page 2 of 4 Required screeningfor operable or abandoned motor vehicles. Any inoperable motor vehicle parked or stored within a carport or in a building that is not fully enclosed and which is visible from the right-of-way or other public or private property shall be completely covered with an opaque covering made of either vinyl, nylon, chamois, or other similar material that is resistant to weather and is commercially intended to be used as an outdoor protective cover. Each cover shall display a solid and uniform, neutral or earth tone color and be securely fastened to the inoperable Vehicle at all times, except when such vehicle is being actively repaired. Neutral or earth tone colors include white, brown, grey and black. All coverings must provide sufficient screening so as to prevent ordinary viewing of any inoperable Motor Vehicle from adjacent public and private property. Any motor vehicle parts that are dismantled or disassembled and waiting to be attached or assembled to a motor vehicle may be stored temporally in a carport or in a building that is not fully enclosed, provided that such motor vehicle parts are necessary to perform active repairs on an inoperable motor vehicle. Where an inoperable vehicle is not being actively repaired, storage of motor vehicle parts is prohibited within a carport or in a building that is not fully enclosed and which are visible from the right-of-way or other public or private property. For the purposes of this section, the term "active repair or "actively repair" shall mean the active and diligent repair of any inoperable motor vehicle by any person or persons. It shall be presumed that a vehicle is not beingactively ctively repaired when no person is observed making any repair or repairs. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed City of Cape Canaveral Ordinance No. 25-2003 Page 3 of 4 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 4th day of March, 2003. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Ord_ IniopVeh_25-2003_073103.wpd City of Cape Canaveral Ordinance No. 25-2003 Page 4 of 4 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -2nd Hearing. Item j ] No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 26-2003, AMENDING CHAPTER 54 RELATING TO COMMERCIAL SOLICITATION DEPT./DIVISION: LEGISLATURE Requested Action: City Council consider the approval of Ordinance No. 26-2003, amending Chapter 54 relating to commercial solicitation. Adds Section 54-4 Commercial Solicitation that prohibits commercial solicitation along the City's beaches and parks. p r Summary Explanation & Background: This amendment to Chapter 54 was proposed at a recent code review workshop. See attached ordinance. I recommend approval. Exhibits Attached: Ordinance No. 26-2003 City Ma errs Office Department LEGISLATIVE z cape- my oc t o n\council\mee i g\2003\09-02-03\26-2003 ..« ORDINANCE NO. 26-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54 OF THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND WITHIN CITY PARKS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council finds the City's beaches and parks constitute unique natural resources, providing for recreational experiences based upon the natural environment for residents and visitors; and WHEREAS, the City Council further finds these natural resources provide for a tranquil and high quality form of life associated with beach -front community living and recreation which serve to attract visitors to the City of Cape Canaveral, as well as, serving to retain existing residents; and WHEREAS, the City Council finds that commercial solicitation along the City's beaches or within its parks constitutes a nuisance, by unreasonably interfering with the use and enjoyment of those public places by residents and visitors, and directly and adversely affects the major industry of the City, tourism; and WHEREAS, the government may restrict expression, even in a public forum like a park or beach, as long as the restrictions on the time, place, and manner of the protected speech are reasonable and justified without reference to the content of the regulated speech, narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. Frandsen v. Department of Environmental Protection 829 So. 2d 267 (Fla. 1st DCA 2002); See also, Daley v. Sarasota, 752 So. 2d 124, 126 (Fla. 2d DCA 2000)(quoting Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989)). 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. City of Cape Canaveral Ordinance No. 26-2003 Page 1 of 3 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 54 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeoat type indicates deletions, while asterisks (* * *) indicate a deletion from the 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 I. In General * Sec. 54-4. Commercial Solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services,og ods, promotional schemes, advertising program or property of any kind or character in the following locations in the City: 1. All of the sand beach areas between the Atlantic Ocean and the City set back line for beach front lots. 2. All public parking lots and facilities for beach or park access, including dune crossovers. 3. All publicly owned parks. The words "Solicit" or "Canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. Sec. 54-3 5 - 54.25. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 26-2003 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 heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Ord_Solicitation_Beach_26-2003.wpd City of Cape Canaveral Ordinance No. 26-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances -I" Hearing. Item 12 No. vacation or closure of a public street. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 28-2003, AMENDING SECTION 66-39 PROVIDING FOR THE VACATION OR CLOSURE OF A PUBLIC STREET BY RESOLUTION DEPT./DIVISION: P&ZIGROWTH MANAGEMENT Requested Action: City Council consider at first reading, Ordinance No. 28-2003 providing for the vacation or closure of public streets by resolution, as recommended by the Planning & Zoning Board. p Summary Explanation & Background: This would amend Code Section 66-39 by requiring the adoption of a resolution rather than an ordinance for the vacation or closure of a public street. I recommend approval at first reading. Exhibits Attached: P&Z Chairperson's memo dated 08-13-03; Ordinance No. 28-2003 City er's Office Department P&Z/GROWTH MGW -nt\ki \ o is\admin\cou \meeting\2003\09-02-03\28-2003 doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Ordinance Amending Section 66-39, Vacation of Rights of Way The Planning & Zoning Board reviewed the above referenced proposed ordinance and recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com ORDINANCE NO. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE VACATION AND CLOSURE OF PUBLIC STREETS AND OTHER PLACES USED FOR TRAVEL; PROVIDING FOR THE AMENDMENT OF SECTION 66-39 OF THE CITY CODE; PROVIDING FOR VACATION OR CLOSURE THROUGH ADOPTION OF A RESOLUTION BY THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR 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 desires to amend the City Code relating to the conditions precedent for closure or vacation of a City right-of-way; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That section 66-39 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and *"': type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in section 66-39. It is intended that the text in sections 66-39 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Section 66-39. Resolution O anee required. Before any such street shall be closed and vacated or before any right of interest or the city or public in any land delineated on any recorded map or plat as a street shall be renounced City of Cape Canaveral Ordinance No. Page 1 of 2 and disclaimed, the city council shall adopt an resolution efdinanee. The resolution ewe shall be recorded in the records of the county. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4, Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. Page 2 of 2 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Ordinances-l't Reading Item 13 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 29-2003, AMENDING CHAPTER 74 RELATING TO PENALTIES FOR PARKING VIOLATIONS DEPT./DIVISION: PUBLIC SAFETY/POLICE Requested Action: City Council consider at first reading Ordinance No. 29-2003, relating to penalties for parking violations. Summary Explanation & Background: This code amendment updates our parking penalties to be consistent with F.S. 318.18. I recommend approval at first reading. Exhibits Attached: City Attorney's memo dated 08-21-03; Ordinance No. 29-2003 City Man Office Department PUBLIC SAFETY/POLICE cap im\m ocum dmin\council ting\2003\09-02-03\29-2003.doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher Suzanne D'Agresta° Cocoa & Viera Jeffrey P. Buak ° Anthony A. Garganese° John U. Biedenharn, Jr. Gary S. Salzman* Joseph E. Blitch John H. Ward' Douglas Lambert Jeffrey S. Weiss Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law August 21, 2003 VIA Facsimile & U.S. Mail 321-868-1224 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Review of Parking Citation Form Ordinance - Parking Violation Penalties City of Cape Canaveral - Police Our File No.: 513-012 Dear Bennett: Erin J. O'Leary Of Counsel Please allow this correspondence to serve as a followup to our conversation regarding the proposed parking citation form. As I indicated, the substance of the form is fine, however, the penalties provided within the form and within Chapter 74 of the City Code are not consistent with the penalties provided in Chapter 318 of the Florida Statutes. Chapter 74 of the City Code adopts the uniformed regulations provided under Sections 316.194 and 316.1945 of the Florida Statutes. As such, the penalty provisions for such violations should be consistent with Chapter 318. Therefore, we have included herewith a short ordinance revising Section 74-57 of the City Code, bringing the City's penalties in line with the Florida Statutes. Please be advised that some of the penalties, such as parking in a reserved zone without a permit, are not provided for under either 316.194 or 316.1945, Florida Statutes, but are specifically 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Bennett Boucher, City Manager August 21, 2003 Page 2 provided for by the City Code. Therefore, the penalty would not necessarily have to be the same as provided in Chapter 318 for a nonmoving violation, but for the sake of consistency. We have amended all of the penalties, other than handicap and parking on the ocean dunes, $30.00 for enforcement purposes. If you have any questions regarding this matter, please do not hesitate to contact our offices. Very truly yours, Jeffrey P. Buak Assistant City Attorney JPB/jdw Enclosure: Ordinance F:\Docs\City of Cape Canaveral\Correspondence\Boucher\Parking_Violation_Penalties_Ltr082103.wpd ORDINANCE NO. t4-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE RELATING TO PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR THE COORDINATION OF THE CITY'S PENALTIES FOR PARKING VIOLATION WITH THE REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City has adopted Sections 316.194 and 316.1945, Florida Statutes, for the regulation of vehicles which are stopped, standing or parked within the City limits; and WHEREAS, Sections 316.194 (4) and 316.1945(4), Florida Statutes, provide violations under such section shall be noncriminal traffic infractions, punishable as provided in Chapter 318, Florida Statutes; and WHEREAS, Section 318.18, Florida Statutes provides that the penalty for a nonmoving violations is to be $30.00; and WHEREAS, the City Council desires to update its Code of Ordinances to be consistent with the adopted provisions of the Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. Page 1 of 3 Section 2. Code Amendment. That Section 74-57, entitled Penalties, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 74-57. It is intended that the text in Sections 74-57 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 74-57. Penalties. Any person violating this article shall be punished in accordance with the schedule as follows: Violation Penalty (1) Parked in excess of authorized time $ 25.66 30.00 (2) Parked in no parking zone 25:66 30.00 (3) Parked in loading zone 266 30.00 (4) Parked in reserved zone without permit 206 30.00 (5) Parked irregularly (extending over boundary) 25.66 30.00 (6) Parked in handicapped space 100.00 (7) Parked double or obstructing traffic 266 30.00 (8) Parked on sidewalk 266 30.00 (9) Parked on ocean dunes 100.00 (10) Parked in fire lane 25.00 30.00 (11) Other 25-66 30.00 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 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 heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton FALawyer\jeftb\City of Cape Canaveral\Ordinances\Parking_Violation_Fine_Update.wpd City of Cape Canaveral Ordinance No. Page 3 of 3 Against Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Resolutions Item 14 No. I As the city attorney mentioned in the attached memo of 07-02-03, some of the surrounding property owners have AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-28, VACATING A (12) FOOT WIDE ALLEYWAY ADJACENT TO LOTS 5, 10, 11, 12, 13, 14 AND 15 OF BLOCK 75 OF AVON BY THE SEA DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider the adoption of Resolution No. 2003-28 vacating a (12) foot wide alleyway adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 of Avon by the Sea subdivision, as recommended by the Planning & Zoning Board. F Summary Explanation & Background: I As the city attorney mentioned in the attached memo of 07-02-03, some of the surrounding property owners have been embroiled in a property lawsuit. Said parties to the suit agreed to a stipulated judgment (attached), which was signed by Judge Maxwell. Paragraph 14 of the stipulated judgment states that the parties will cooperate in petitioning the City to vacate the alleyway and pay the City any administrative costs and recording fees. I recommend approval. Exhibits Attached: Resolution No. 2003-28 and supporting documents City Ma er' Office - Department P&Z/GROWTH MGMT ca m\myd cumen in\council\meeting\2003\09-02-03\2003-28.doc City of Cape Canaveral y Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board y2-� Re: Vacation of Alleyway Request - Resolution The Planning & Zoning Board reviewed the above referenced resolution and concluded that in the best interest of the City the City Council should approve this request. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com RESOLUTION 2003-28 A RESOLUTION OF THE CITY COUNCIL OF ' THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE -FOOT WIDE ALLEYWAY LYING WEST AND ADJACENT TO LOTS 5, 10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON BY THE SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3257 SQUARE FEET, MORE OR LESS); PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has been asked to consider vacating the aforementioned alleyway; and WHEREAS, public utilities are not presently located within the alleyway; and WHEREAS, the City Council finds that the best interests of its citizens will be served by the closure and vacation of that portion of the alleyway described herein. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: Section 1. Recitals. The foregoing recitals are affirmed and incorporated as part of this Resolution. Section 2. Vacation of Alleyway. The City of Cape Canaveral hereby vacates that portion of a twelve -foot wide alleyway lying west and adjacent to Lots 5, 10, 11, 12, 13, 14 and 15, Block 72 of "AVON ,BY THE SEA," recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida (containing approximately 3257 square feet, more or less). Section 3. Severability. If any section, clause, phrase, word, or provision is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby repealed. Section 5. Recordation. The City Clerk is hereby directed to promptly record this Resolution in the Public Records of Brevard County, Florida. City of Cape Canaveral, Florida Resolution No. 2003-28 D Page 1 of 2 Section 6. Effective Date. This resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of ATTEST: - - Rocky Randels, MAYOR FOR AGAINST :�� Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY Richard Treverton OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral, Florida Resolution No. 2003-28 Page 2 of 2 J: BROWN, SALZMAN, WEISS & GARGANESE, P.A. Usner L. Brown Suzanne D'Agres—�= Amhony A. Garganese- Gary S. Salzman" Jchn H. Ward' Jeffrey S. Weiss '?oard Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer -Eoard Certified City, County & Local Government Law Bennett Boucher, City Manager City Of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Attorneys at Law Offices in Orlando_, Kissimmee, Debra S. Babb-Nutcher Cocoa & V iera Jeffrey P. Buak John U. Biedenham, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos July 2 2003 Erin J. O'Leary y, Of Counsel Re: Resolution - Vacation of Alleyway City of Cape Canaveral - Our File No.: 513-008 Dear Bennett: I have reviewed the file provided by staff regarding the vacation of the alleyway near Lincoln Avenue and have spoken with Attorney Jason Hedman regarding the same. Based on my review, the City can proceed with the vacation of the alleyway, provided the City and the public utilities operating within the City do not have any use for it. As an interesting side note, it appears that some of the surrounding property owners have been embroiled in a property,law suit. The parties to the suit are Moriarty, Kister, and Tides Inn Condominium, Inc. The parties ultimately settled their suit and agreed to a stipulated judgment which was signed by Judge Maxwell. Paragraph 14 of that judgment states that the parties will cooperate in petitioning the City to vacate the alleyway. Further, the parties agreed to pay any administrative costs imposed by the City including publication fees and recording fees. The City should prepare the necessary invoice and remit it to the parties for reimbursement prior to the City Council's adoption of the resolution. You may want to seek reimbursement of attorneys' fees for my time in reviewing the file and preparing the resolution (approximately 2.0 hours). Please submit the resolution to the Planning and Zoning Board for recommendation to the City Council. In addition, the City should notice the adjacent property owners of the Planning and Zoning and Council meetings. V truly ours, Anthony A. Garganese City Attorney AAG:jf Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873 1 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 - Cocoa & Vera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@oriandolaw.net SUMMARY OF PETITION TO VACATE ALLEYWAY 1. The Petition to Vacate Alleyway is to correct a misunderstanding due to a prior Resolution to vacate the alleyway in 1973 which was conditioned upon certain construction occurring within six months. The construction did not occur. See details in Memo from Greg Mullins, Code Enforcement Officer, Item No. 49 in the City's package of documents. 2. All adjoining property owners have consented to the vacation of the alleyway. Item Nos. 6, 23, 24, 26 and 28. 3. The Petitioners have been patiently awaiting action by the City since August 15, 2002. Item Nos. 60 and 61 in the City's package. 4. The Public Records of Brevard County reflect no vacation of the alleyway. Item No. 66 from Forrest Looker, LandAmerica Title Agent. 5. That issues between the property owners of Lot 13 and Lots 11 and 12 regarding access were resolved by the Final Judgment entered in the civil lawsuit between said lot owners. Item Nos. 77 through 83. voo2taasvt DEAN MEAD ATTORNEYS AND COUNSELORS AT LAW IN ORLANDO: DEAN, MEAD. EGERTON, BLOODWORTH, CAPOUANO S BOZARTH, P. A. 800 NORTH MAGNOLIA AVENUE SUITE 1500 P.O. BOX 2346 ORLANDO. FL 32802-2346 1407) 841-1200 FAX (407) 423-1831 Writer's E -Mail jhedman@deanmead.com Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 IN MELBOURNE AND VIERA: DEAN MEAD www.deat)meadxom 8240 DEVEREUX DRIVE SUITE 100 VIERA, FL 32940-8200 13211 259-8900 FAX (321) 254-4479 PLEASE REPLY TO: VIERA April 23, 2003 IN FORT PIERCE: DEAN, MEAD, MINTON S KLEIN 1903 SOUTH 25TH STREET SUITE 200 P. 0. BOX 2757 FORT PIERCE. FL 34954 1772) 464-77CO/562-7700 FAX (772) 464-7877 Writer's Direct Dial (321) 259-8900 x. 125 Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11, 12 and 13 Our File No. 17413/32730 Dear Mr. Morley: On March 5, 2003, I forwarded to Ms. Susan Chapman the documents requested by the City in order to vacate the above -referenced alleyway. In a recent telephone conversation, you advised that you were in the process of reviewing this matter. Please let me know when you anticipate your review will be completed. As you may be aware, my clients are quite eager to have this matter brought to a final resolution. If you need assistance regarding the factual history or if any additional information is required, please feel free to contact me. JH:sl cc Thank you once again for your assistance in this matter. Bennett Boucher, City Manager Clients Commonwealth Land Title Insurance Company Attn.: Chris Fulmer, Claims Representative Very ORLANDO 0 FORT PIERCE 0 VIERA • MELBOURNE l�J IN ORLANDO: DEAN, MEAD, EGERTON. BLOODWORTH, CAPOUANO S BOZARTH, P.A. 800 NORTH MAGNOLIA AVENUE SUITE 1500 P. O. BOX 2346 ORLANDO. FL 32802-2346 (407) 841-1200 FAX (407) 423-1831 Writer's E -Mail jhedman@deanmead.com DEAN MEAD ATTORNEYS AND COUNSELORS AT LAW IN MELBOURNE AND VIERA: DEAN MEAD www.de;nmead.com 8240 OEVEREUX DRIVE SUITE 100 VIERA, FL 32940-8200 (321) 259-8900 FAX (321) 254-4479 PLEASE REPLY TO: VIERA March 28, 2003 Susan L. Chapman, Administrative Assistant to the Building Official City of Cape Canaveral 105 Poil. Avenue Cape C-qnaveral, Florida 32920-0326 IN FORT PIERCE: DEAN, MEAD. .INTON S. KLEIN 1903 SOUTH 25TH. STREET SUITE 200 P. O. BOX 2757 FORT PIERCE. FL 34954 (772) 464-7700/562-7700 FAX (772) 464-7877 Writer's Direct Dial (321) 259-8900 x. 125 a � - Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11, 12 and 13 Our File No. 17413/32730 Dear Ms. Chapman: Enclosed please find an Owner's Statement signed by Mr. Walter R. Schoenfeld, the owner of Lot 5, consenting to the vacation of the subject alleyway. On March 5, 2003, I previously forwarded to you the documentation necessary to proceed with vacation of the alleyway. Please let me know the status of this matter. JH:sl Enclosure cc Thank you once again for your assistance. Clients Commonwealth Land Title Insurance Company (w/encl.) Attn.: Chris Fulmer, Claims Representative (w/encl.) Donna Dressler, Esq. (w/o encl.) ORLANDO 0 FORT PIERCE • VIERA • MELBOURNE OWNER'S STATEMENT RE: Vacation of Alley between Lot 5 and Lots 11, 12, and 13, Block 72, Avon by the Sea, Plat Book 3, Page 7, Public Records of Brevard County, Florida I, WALTER R. SCHOENFELD, the undersigned owner of Lot 5, hereby agrees to and approves the vacation of the alley located between the above -referenced Lot 5 and Lots 11, 12, and 13; provided, however, that this statement shall in no way be construed as an acknowledgment by the undersigned that such alley has not, in fact, already been vacated. WALTER R. SCHOENFELD" \ STATE OF FLORIDA COUNTY OF BREVARD The foregoing was acknowledged before me this �_ day of March, 2003, by WALTER R. SCHOENFELD, who is ❑ personally known to me or ❑ who has produced his Florida Driver's license as identification and who did not take an oath. My commission expires: oar p,'' ' ,CDoima Dressler ommiaiaa # DD= v ' ; Ofi o` $� nm 2006 WNW,//� OTARY PUBLIC - State of Florida �I IN ORLANDO: DEAN, MEAD, EGERTON. BLOODWORTH, CAPOUANO & BOZARTH, P. A. 800 NORTH MAGNOLIA AVENUE SUITE 1500 P.O. BOX 2346 ORLANDO, FL 32802-2346 (407) 841-1200 FAX (407) 423-1831 Writer's E -Mail jhedman@deanmead.com ATTORNEYS AND COUNSELORS AT LAW IN MELBOURNE AND VIERA: DEAN MEAD www.deaamead.com 8240 DEVEREUX DRIVE SUITE 100 VIERA, FL 32940-8200 (321) 259-8900 FAX (321) 254-4479 PLEASE REPLY TO: VIERA March 5, 2003 Susan L. Chapman, Administrative Assistant to the Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 IN FORT PIERCE: DEAN. MEAD, MINTON & KLEIN 1903 SOUTH •25,. STREET SUITE 200 P. 0. BOX 2757 FORT PIERCE, FL 34954 (772) 464-7700/562-7700 FAX (772) 464-7877 Writer's Direct Dial (321) 259-8900 x. 125 Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11, 12 and 13 Our File No. 17413/32730 Dear Ms. Chapman: On August 15, 2002, I filed a formal request for the vacation of the above - referenced alleyway on behalf of Mr. and Mrs. Moriarty. On September 9, 2002, you advised that various documentation was necessary in order to proceed. Enclosed please find the following documents: 1. Nine sealed copies of boundary survey of the proposed vacated property signed by a registered surveyor. 2. Said survey contains a legal description of the proposed vacated property. 3. Correspondence dated November 11, 2002, from Forrest Rooker of LandAmerica confirming the identity of all contiguous property owners. (Vicidomini). 4. Owner's Statement from Tides Inn Condominium Association, Inc. 5. Owners' Statement from Timothy J. Moriarty and Denise Moriarty. 6. Owners' Statement from Ronald Kister, Sr., and Kathleen Kister. 7. Owner's Statement from Siesta Del Mar Condominium Association, Inc. s i`; • =r^ ORLANDO • FORT PIERCE • VIERA • MELBOURNE Susan L. Chapman, Administrative Assistant to the Building Official City of Cape Canaveral March 5, 2003 Page 2 I have requested a Consent from Mr. Walter Schoenfeld, yet, after many months of delay, this Consent was not provided. Otherwise, I believe all requirements of Section 110.476 of the City of Cape Canaveral Code of Ordinances have been met. I understand that you will proceed with the steps necessary to vacate the subject alleyway. Thank you for your assist JH:sl Enclosures Certified Mail No. 7001 2510 0009 0343 6948 Return Receipt Requested cc: Client (without enclosures) M0013203v j, LANDAMEMCA Service Center for: COMMONWEALTH LAND TITLE INSURANCE COMPANY And LAWYERS TITLE INSURANCE CORPORATION 3910 S. Washington Ave., Suite 112 --- Titusville, Florida 32780 Phone (321) 267-3741 Fax (321) 267-3765 November 11, 2002 Jason Hedman Dean, Mead, Spielvogel & Goldman 101 South Courtenay Pkwy. Suite 201 Merritt Island, FL 32952 RE: Your File No. 17413/32730, Vacation of Alleyway Dear Mr. Hedman, Enclosed please find a copy of the plat map that you requested along with property ownership information for the surrounding properties as taken from the current Brevard County Tax Rolls and updated through November 4, 2002. I apologize for the delay and hope you find everything in order. Please let me know if you need anything further. Sincerely, Forrest R. Rooker, Jr., C.L.S. Branch Manager Enclosures as stated Cc: Chris Fulmer, Commonwealth Claims \Y I— yq —iwt�u Ifi NS£TTA AVE. I,M c — l I IIS W IN WA cn 2 � 4 I 2 O I♦ - I � 1 Q� 179 N' li{' 199' = y i a - a W • r W W y P 1 r W Z s T .�.. W a 00 O w D s T r ; • w z Z a O a lA C >• N = 1J•00r h �.'�H 30.00. A10� 4 2 p .II n LINCOLN ARMS CONOQ cn OCEAN MIST CONDO ORANGE •10 ao n a ti I#C � ., Al n: — n� G O ^ Z STFCCT m RtpG£ �G OO gvFNl{ 130 �4ro C iti m r D , ; _ t 04 z I� �z 2 � 4 I 2 O I♦ - I � • 110 11Y •{' �li{' Il{' •� li{' lif •{' l9{' li{.� I{ � 179 N' li{' 199' = O b -- ^ O i W • r W W y P 1 r W Z T .�.. W 00 O w D s T r ; • w z Z a O a u C >• N = _ .. 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F.rO 0685.00 T.�.XE-- E 55860 57150 SITE CC E: op 11/11/02 ==== P R O P E R T Y I N 0 C I R Y S C R E E N==== PMI165M1 PARCE-_: 24 3723CG 72 11.01 ACCT NO: 2434844 �IL� COIE: 2 6 G 0 15:12:17 .5=7E 421 LINCOLN AV 1 CAPE CANAVERAL, FL 32920 E: 0414 R' S, NAME : CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 PIAT EC -F PACE: 03 - 0007 2509636 CAPE CANAVERAL FL 32920 UNIT 1 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 AND ALL AMENDMENTS THERETO. AVON BY THE SEA EXEN-: P<I=: E INV: - -TE: ETAL: ��T• ,I -AE. ��.:�_. 0659 T.-_. 506 =fT�:-� 39010 _ . 39010 39010 ,I-77 -X: P:E TA. ABBE 0685.00 39010 39010 SITE -'C--,E: 120 MA -3 WIVN; No 9 11/11/02 =__= P R O P E R T Y I N Q U I R Y S C R E E N =__= PMI165M1 _ARCED: 24 3723CG72 11.02 ACCT NO: 2434845 MILI CODE: 26G0 15:12:20 SITE 421 LINCOLN AV 2 CAPE CANAVERAL, FL 32920 USE: 0414 CWFER'S NAIV=E: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 '-_AT BOCK ? CE: 03 - 0007 2509660 CAPE CANAVERAL FL 32920 UNIT 2 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 00= 20'2 % C AND ALL AMENDMENTS THERETO. AVON BY THE SEA E� EXEY: 1 Kl'T : GI E INV: - SITE: ETA-: D'I�: CST. 'I SAE.: JN= 0659 TA_ . 506 SE::IOR EV:..F: T : 81710 81710 S E __: 74350 E :-: 25000 25000 EI:R 'i __.. [SEI= 0685.00 Ta__tr_=-L 48180 49350 120 44V 0 11/11/02 =___ P R O P E R T Y I N Q U I R Y S C R E E N =__= PMI165M1 PARCE--: 24 3723CG 72 11.03 ACCT NO: 2434846MIL- CO:E: 26G0 15:12:22 SITE 421 LINCOLN AV 3 CAPE CANAVERAL, FL 32920 USE: 0414 CWNER'S NAME: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 _-AT BOOK = E: 03 - 0007 2509695 CAPE CANAVERAL FL 32920 UNIT 3 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 2002 2,0- AND ALL AMENDMENTS THERETO. AVON BY THE SEA EYE[': IVIG: GI - SITE: EI: �: Y I- QST: �I�=.B: N 0659 506 SE..7 F, F1 24900 24900 -7 - =-_• 24900 E'.� 0685.00 24900 24900 SITE ' C=E: 120 FH) 11/11/02 =___ R 0 P E R T Y I N Q U I R Y S C R E E N =_== PMI165M1 _yRCEL: 24 3723CG 72 11.04 ACCT NO: 2434847 MILL CODE: 26GO 15:12:23 SITE 421 LINCOLN AV 4 CAPE CANAVERAL, FL 32920 USE: 0414 OWNER'J NAME: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 3 PLAT SCCK PA: -E: 03 — 0007 2509725 CAPE CANAVERAL FL 32920 UNIT 4 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 AND ALL AMENDMENTS THERETO. AVON BY THE SEA C� C: EXE._: .':T=: GI .. INV: — SIiE: EIAL: '- IL: COST: I.ISrE: _�-r; C: 0659 x IACOb:E: IA?: 506 SEE.I,RS: x r -'z IRFZT: 24900 24900 -R — E =: 24900 0685.00 24900 24900 SITE CO --E: 120 peal F 0 11/11/02 =__= 2 R 0 P E R T Y I N Q C I R Y S C R E E N =__= PMI165M1 PARCEL: 24 3723CG 72 11.05 ACCT NO: 2434848 MIl,!, CCDF: 26G0 15:12:25 SITE 421 LINCOLN AV 5 CAPE CANAVERAL, FL 32920 TSE: 0414 C`,'NER'S NAME: CONDOMINIUM UNIT VICIDOMINI, ALFONSO SR VICIDOMINI, EILEEN H/W 421 LINCOLN AVENUE #5 2I,AT BOCK PACE: 03 - 0007 2509768 CAPE CANAVERAL FL 32920 UNIT 5 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 202 AND ALL AMENDMENTS THERETO. AVON BY THE SEA b� EXEM: NTS: E INV: - "ITE: ETA--: 0659 _{ 506 SENIGRS: x 35690 39840 39840 EC[!ES.I= ,"TE --F, E << : I,; E 'd T< = E E :F.�- Y EX BGRE 0685. 00 T:.:: 17SE35690 39840 SITE 120 11/11/02 =__= P R O P E R T Y INQUIRY S C R E E N =__= PMI165M1 PARCE-: 24 3723CG 72 11.06 Al,'CT NO: 2434849 MILL CODE: 26G0 15:12:26 STTE 421 LINCOLN AV 6 CAPE CANAVERAL, FL 32920 USE: 0414 ("IvNER'S NAME: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 �--AT BOON PAGE: 03 - 0007 2509792 CAPE CANAVERAL FL 32920 UNIT 6 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 2':0= 2002 2CC3 AND ALL AMENDMENTS THERETO. AVON BY THE SEA E� EXEM: MT E- SI=-. ETAS: N_=.i-. C'P•:-C: 0659 .. TA?: 506 34030 34030 SESs,;:_ 34030 CTFE1 -E Et:F._1 0685.00 34030 34030 SITE '_-E: 120 (T 11/11/02 =__= P R O P E R T Y INQU TRY S C R E E N =__= PMI165M1 PARCEL: 24 3723CG 72 11.07 ACCT NO: 2434850 YIIL CODE: 26G0 15:12:28 SITE 421 LINCOLN AV 7 CAPE CANAVERAL, FL 32920 USE: 0414 C;^dNER'S NAME: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 P -AT BOOK P3C:E: 03 — 0007 2509822 CAPE CANAVERAL FL 32920 UNIT 7 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 2,C2 ., AND ALL AMENDMENTS THERETO. �AC;= AVON BY THE SEA E = : EXE ': MT;: GI E— ITE: El—MA I COST: SIS -�: C NDC 0659 C. D_E : I=' : 506 SEC; ICR EI: 34860 34860 -S-ESSE- : 34860 F 'i:ESI.. 1, -,El --`EE ; E-, -: 0685. 00 34860 34860 SI:- C=E: 120 11/11/02 =__= P R O P E R T Y I N Q U I R Y S C R E E N =__= PMI165M1 PAR EL: 24 3723CG 72 11.08 ACCT NO: 2434851 MILL COBE: 26G0 15:12:30 SLE 421 LINCOLN AV 8 CAPE CANAVERAL, FL 32920 USE: 0414 O'NNER'S NFfE: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 PLr.T BOCK PAGE: 03 - 0007 2509857 CAPE CANAVERAL FL 32920 UNIT 8 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 2^ = 2-2 AND ALL AMENDMENTS THERETO. L-.. AVON BY THE SEA _ EXEM: NIC:: E INV: - _ ETA-. K.tI�. =�ISAB: CCN --C. 0659 _. TA?: 506 SE!:!. -RS : 28220 28220 28220 0685.00 28220 28220 SIIE CC --,E: 120 EN 11/11/02 =__= P R O P E R T Y INQUIRY S C R E E N =__= PMI165M1 ?-.RCEI: 24 3723CG 72 11.09 ACCT NO: 2434852 MILL =E: 26G0 15:12:31 SITE 421 LINCOLN AV 9 CAPE CANAVERAL, FL 32920 USE: 0414 CWNER'S NAME: CONDOMINIUM UNIT VICIDOMINI, ALFONSO VICIDOMINI, EILEEN H/W 421 LINCOLN AVE UNIT 2 ?-AT BOCK ?AGE: 03 - 0007 2509881 CAPE CANAVERAL FL 32920 UNIT 9 TIDES INN CONDO AS DESC IN ORB 2605 PG 2981 & ORB 3665 PG 4833 2001 2002 200 AND ALL AMENDMENTS THERETO. -' AVON BY THE SEA EXEN: YT C: GI E - SITE: ET AI. V -a „ST. -ISAB. :_ 0659 TA_. 506 SEl':ICF.S. x i•:=.=KE-: 29050 29050 29050 `IEEE T=X7B--E: ENE -... E-EISEBCRE-:CC--. 0685.00 29050 29050 ITE :=E: 120 ;tom rT � '` iJ t "� �t:�a h � • 11/11/02==== _) R O PERTY I N Q U I R Y S C R E E N==== PMI165M1 _ARCEL: 24 3723CG 72 12 ACCT NO: 2434853 MILL CODE: 26GO 15:12:37 SITE 423 LINCOLN AV CAPE CANAVERAL, FL 32920 USE: 0110 CFi:ER'S NAMIF: SINGLE FAMILY RESIDENCE KISTER, RONALD SR KISTER, KATHLEEN H/W 25 AMY DR PLAT BOOK PAGE: 03 - 0007 2509911 SAYVILLE NY 11782 LOT 12 BLK 72 & VACATED ST ON E AVON BY THE SEA 156250 125000 EL `: 85580 108510 EXEM: C<I=: NT E INV: - SII�: ETAL: 241830 233510 DIS;� B: CN C: f T--7: 506 _=c:IORS : v F, E: 246520 250110 AN E&I / DP EXISTS ON THIS PARCEL 250110 NE TAX' -`.E -E: 0685.00 Tom::�_6LE 246520 250110 SITE C:; -E: 120 0 11/11/02 =__= P R O P E R T Y INQUIRY S C R E E N =__= PMI165M1 PARCEL: 24 3723CG 72 13 ACCT NO: 2434854 DILL CCPE: 26G0 15:12:41 SITE 425 LINCOLN AV CAPE CANAVERAL, FL 32920 USE: 0110 OWNER'S NAME: SINGLE FAMILY RESIDENCE MORIARTY, TIM J MORIARTY, DENISE H/W P 0 BOX 320704 PLAT &SOK PACE: 03 — 0007 2509946 COCOA BCH FL 32932-0704 LOT 13 BLK 72 & VACATED ST ON E AVON BY THE SEA 20J_ 2002 LAN= : 156250 125000 EL=.-: 228140 254840 EXEY: 1 MTS: r IP:✓: — SII=: ETA:,: Y I--. CCSI: 384390 379840 1ISAE: 506 SEc:JRS: 409520 402100 _.._E _E_: 361080 E'i•: S i = : 25000 25000 =;I =?.E::. h:E' Irl=.B E: ENF.� _ E::: I:EI'IFE'�F.F^ :�� . 068—=.00 330400 336080 120 0 .zz OWNER'S STATEMENT Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon by the Sea, Plat Book 3, Page 7, Public Records of Brevard County, Florida 1, the undersigned owner of Lot 11 hereby agree and approve to vacation of the alley located between Lot 5 and Lots 11, 12 and 13. I request the city to vacate the alley and approve of this request. TIDES INN CONDOMINIUM ASSOCIATION, INC. By 2�f Print �• � "-,moi .' ; ,�.. ("Property Owner") STATE OF FLORIDA: COUNTY OF BREVARD The foregoing instrument was acknowledged before me this go� day of (? L \ 2002, by PLl'oN;so V' j6 00 1 iNi —,as s_S cicLz�_ of TIDES INN CONDOMINIUM ASSOCIATION, INC., a Florida corporation, on behalf of said corporation, who C] is person—ally known to me or ISI has produced . D, iy e:_A t-6 v;z3S-of : _,yq as identification and who did not take an oath. ��,���,►,� Stanley Kammerude °�o��'(ommisaon DD137501 Notary Public, State of Florida at Large ?:�: a Expires Sep. s, zoos Print Name:5 TArJ I A�Bonded Thru Commission No. )2_2_'5,0t �''l%F; ;o?� Atlantic Bonding Co., Inc. My Commission Expires: S`'p�-_D..d c) (Seal) u C 0 OWNER'S STATEMENT Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon by the Sea, Plat Book 3, Page 7, Public Records of Brevard County, Florida We, the undersigned owners of Lot 13 hereby agree and approve to vacation of the alley located between Lot 5 and Lots 11, 12 and 13. We request the city to vacate the alley and approve of this request. TIMOT , . MO ARTY bfN SE MORIARTY ("Property Owners") STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this t day of C / , 2002, by TIMOTHY J. MORIARTY, who ❑ is personally known to me or 2 -ha produced �1�N- c1�— ��,�^i.<'-� i t is as iden ification and who did not take an oath. � Mlp if -S: 1 D 33 ^ �t�l - �`N Q 3' 1 C1 cis ' DONNA M. HARPER �:`_ MY COMMISSION # CC 983448 '-`: 'a= EXPIRES: November 26, 2004 •'%!ps nd: ` Bonded Tbru Nmery Public underwntenz M0009199.1 Notary Public, State of Florida at Larg ^ ' / Print Name: J_ 6y\M. W 1A �_ Commission No. P C - �1— My Commission Expires: (Seal) Ij 0 0. UI a0� �7C STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this—IAday of S e , 2002, by DENISE MORIARTY, who ❑ is personally known to me or El" has produced i-1ci�- �n,� �,,�p�,x as ident'fi tion and who did not take an oath. DONNA M. HARPER Notary Public, State of Florida at ar�ge MY COMMISSION # CC 983448 l EXPIRES: November 26. 2004 Print Name: y\ j '•.'�' �`� Bonded Thru Notary Public Undernrd Commission No. My Commission Expires: (Seal) M0009199.1 2� 2� Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon by the Sea, PIat Hook 3, Page 7, Public Records of Brevard County, Florida We, the undersigned owners of Lot 12 hereby agrer. and approve to vacation of the alley located between Lot S and Lots 11, 12 and 13. We request the city to vacate the alley and approve of this request. RONALD KISTER, SR. 41, a 1'� 4L/ KATFaEEN KISTER ("Property Owners'l STATE OF CCS COUNTY OF The foregoing instrument was acknowledgedre me this `3 day of 2002, by RONALD KISTER, SR, who is personally known to me or ❑ has produced as identification and who did not take au oath. Notary Public, Sts a of Ale i •' Print Name.--E/1,2t). ..VVP-0 lovrL Commission No. 0 1 WG 4RIPC20S My Commission Expires: (Scal) ELLEN WEGLARZ NOTARY PUBLIC, State of New York No. 01 WE4862085 M0009140.1 Commission Expires June 16. 2^0:6 STATE OF 4Vq O kl� : COUNTY OF SLcFFoI I<-: The foregoing instrument was acknowledged bef04mc this 13 day of C+a b e r 2002, by KATHLEEN KISTER, who is personally known to me or [] has produced as identification and who did not take an oath. M0009190.1 2 Notary Public, State of t o,� l Print Name: Elle -r) We I to r Commission No. 7EN 9e� my om:nissioa E� � aCLARZ NOTARY PUBLIC, State of New York No. 01 WE4862085 Commission Expires June 16, 200 OWNER'S STATEMENT Re: Vacation of Alley between Lot 5 and 10 and Lots 11, 12, 13, 14 and 15, Block 72, Avon by the Sea, Plat Book 3, Page 7, Public Records of Brevard County, Florida I, the undersigned owner of Lots 10, 14 and 15, hereby agree and approve to vacation of the alley located between Lot 5 and 10 and Lots 11, 12, 13, 14 and 15. I request the city to vacate the alley and approve of this request. SIESTA DEL MAR CONDOMINIUM ASSOCIATION, INC. By Print Name: C 1, a a e o A -i a. Co -,<6- /O n e s t z; & —, ("Property Owner") STATE OF FLORIDA: COUNTY OF BREVARD The fore�Qm instrument was acknowledged efore me t is 3 day of 2003, by l� �Ct r� On COO , as of SIESTA DEL MAR CONDOMINIUM ASSOCIATION, INC., a Florida corporation, op behalf of said corporation, who is personally known to me or has produced I ,� a A2--, as identification and who did not take an oa` tom— G. ��` j ET Notary Public State of F and �Lar e Print Name;4u � � 6,4 Commission No. My Commission Expires;, ANNEUE ANDERSON (Seal) f COMMISSION # DD 021853 - - EXPIRES: June 10, 2005 .^noao TTuu Notary Pubk Underwitten M00133G7v bTl 11, pa'', k3 Z - " 2t, Z5, V -Z TIMOTHY J. MORIARTY and DENISE MORIARTY, Plaintiffs, vs IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA Civil Action No. 05-1999-CA-048842-XXXX-XX RONALD KISTER, SR., KATHLEEN KISTER, and TIDES INN CONDOMINIUM ASSOCIATION, INC., Defendants. SUBPOENA THE STATE OF FLORIDA: ker D TO: MORRIS REED, Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 YOU ARE HEREBY COMMANDED to appear before the Honorable George W. Maxwell III, Circuit Judge, at The Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera, Florida, on the 25th day of February, 2002, at 9:00 o'clock a.m., to testify in this action. If you fail to appear, you may be in contempt of Court. TERRI G. SIROIS CERTIFIED PROCESS SERVER #86 EAHE15 Q�ME CIC T 011RT L4' You are subpoenaed to appear by the following attorneys and, unless excused from this Subpoena by these attorneys or the Court, you shall respond to this Subpoena as directed. DATED on 6 - % 7/ , 2002. Jason He an, For the Court FloridaAl4r No. 0507555 Dean�lGlead, Spielvogel & Goldman 101 South Courtenay Parkway, Ste. 201 Merritt Island, Florida 32952-4855 (321) 453-2333 Attorneys for Plaintiffs Please call Sue Lomax at 453-2333 on February 22 to confirm date and time you will be required to testify. This is a five-day trial docket commencing February 25, 2002. F:\JH\DOC\32730-Subpoena-Raed 2 0�5\ LAW OFFICES AMA.RI & THERIAC, P.A. Attorneys and Counselors At Law Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Charles G. Crawford Mitchell S. Goldman J. Wesley How•ze David R. Martin Stephen C. Mays Matthew J. Monaghan Kendall T. Moore Mark N. McQuagge dark S. Peters David NI. Presnick Charles R. Steinberg James S. Theriac, III Of Counsel Susan Stills, City Clerk City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 RE: MORIARTY V. KISTER Dear Susan: Reply to: Cocoa Post Office Box February 21, 2002 Mariner Square 96 Willard Street, Suite 302 Post Office Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fax (321) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Fax (321) 259-6624 I have received and reviewed your February 20, 2002 fax and attachments related to Moriarty v. Kister. I have also reviewed your statement wiih regard to the inquiries from Al and Lee Vicidomini. All issues seem to be well addressed as the court case appears to be settling and your statements to the Vicidominis was right on. Please keep me posted with any new developments as I will continue to monitor the matter related to trial subpoenas and prospective trial dates. Please contact me with any questions or concerns. Sincerely. Mark McQuagce, Esquire MM:mem 9 Feb 21 02 11:55a Richard S. Amart Kohn Bennett Bradly Roger Bettin, Sr. Chula G. Crawford Mitchell S. Goldman J. Wesley Howze David R. Martin Stephen C. Mays Matthew J. Monaghan Kendall T. Moore Marls N. McQuagge Mark S. Peters David M. Presnick Charles R. Steinberg James S. Thcriac- III Of Counsel Mary 1;.. Lytle, P.A. Amari & Theriac LAW OFFICES 3216399950 AMA W--- & THEUAW, P.A. Attorneys and Counselors At Law Susan Stills, City Clerk City of Cape Canaveral P.O. Box' 26 Cape Canaveral, FL 32920 RE: MORIARTY V. KISTER Dear Susan: Reply to! Cocoa Post Office Box February 21, 2002 p.2 A �J Mariner Square 9 tilard Street. Suite 302 Post OtSce Boz 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fix (321)639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Fax (321) 259-6624 I have received and reviewed your February 20, 2002 fax and attachments related to Moriartv v. Kister. I have also reviewed your statement with, regard to the inquiries from Al and Lee Vicidomini. All issues seem to be well addressed as the court case appears to be settling and your statements to the Vicidominis was right on. Please keep me posted with any new developments as I will continue to monitor the matter related to trial subpoenas and prospective trial dates. Please contact me with any questions or concerns. Sincerely, Mark McQuagge, Esquire 1VfM:mem Feb 21 02 11:55a Amari & Theriac 3216399950 P•1 LAW OFFICES A NLA 1U & THERIAC, P. A. Attorneys and Counselors At Law Richard & Amari Mariner Square Kohn Bennett Reply to. Cocoa Post 011ke Box 96 Willard Street, Suite 302 Bradly Roger Bettin, Sr. Post Office Box 1907 Mitchell S. Goldman Cocoa, Florida 32923-1807 J. Wesley HOWze Telephone (311) 639-1320 David R. Martin Fax (32t) 639-6690 Matthew J. Monaghan Mark N. McQuagge Imperial Plaza - Mark S. Peters Suite B104 David M. Presaick 6769 N. Wickham Road Charles R. Steinberg Melbourne, Florida 32940 James S. Theriac, III Telephone (321) 259-6611 Fax (321) 259-6624 Of Counsel: Mary 1~ Lytle, P.A. FACSIMILE TRANSMISSION The information contained in this facsimile message is a privileged and confidential attorney communication, intended only for the use of the individual or entity named below. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone collect and return the original message to us at the address listed above via the United States Postal Service at our expense. Thank you. DATE: t) `'D - �:) 1--02- FROM. MARK MCQUAGGE, ATTORNEY Direct Fax No.: (321) 639-9950 TO: FAX NO: jq� �O TOTAL NUMBER OF PAGES (including cover sheet): C) rc-:�— If you have problems with this FACSIMILE TRANSMISSION, please call Mary Moss at 321-639-1320. FA 105 Polk Avenue, Cape Canaveral, FL 32920 Telephone: (321) 868-1220/ 1221 FAX: (321) 799-3170 To: Mark McQuagge, City Attorney From: Susan Stills, City Clerk Fax: 321-639-9950 Pages: 4 (Letter from J. Hedman, Res. #73-11) Phone: 321-639-1320 Date: 2/20/2002 Re: 421 Lincoln Avenue CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 0 Comments: Mark: Mr. and Mrs. Al and Lee Vicidomini came in to City Hall requesting documentation on the above-named alleyway. I informed them that I could give them copies of the resolution on this matter, however I could not provide a statement saying that the City owned this property in order for them to avoid court proceedings. It appears that rightful ownership of the property has not been established and there are no City records that prove that Resolution No. 73-11 to Abandon, Close and Vacate the Alleyway was ever recorded with the County Clerk of Court. DEAN, MEAD, SPIELVOGEL & GOLOMAN ATTORNEYS AND COUNSELORS AT LAW w .dcanmcadcom 101 SOUTH COVRTENAY PARKWAY, SUITE 201 MERRITT ISLANO, FLORIOA 329SZ455 1321) 453.2333 FAX (321) 453.4641 Via Facsimile No. 407/294-8957 Only John B. Shoemaker, Esq. P.O. Box 320808 Cocoa Beach, Florida 32932-0808 Dear Ben: February 18, 2002 8240 DEVEREUX ORIVE. SUITE 100 MELBOURNE, FLORIOA 32940.7949 (32(1 259.8900 FAX (321) 254.4479 REPLY TO: Merritt Island Writer's E -Mail Address JHEDMANCDEANMEAD.COM Re: Timothy J. Moriarty, et al., v. Ronald Kister, Sr., et al. Case No. 05 -1999 -CA -48842 Our File No. 17413/32730 I am in receipt of your February 15, 2002, correspondence. Enclosed please find the revised Settlement Agreement. I have made changes to Paragraph 6 to simplify the Revised Easement as described on Exhibit "A". I also made a change to Paragraph 12 confirming that your clients will be responsible for trimming the bushes in the Revised Easement area. There is some controversy as to whether Mr. Schoenfeld believes he owns the alley. The title company has confirmed that the alleyway has not been vacated and, thus, is still owned by the City. A similar change is made in Paragraph 16 to confirm that, once the alley is vacated, the Revised Easement will be imposed over the East six feet. The Judgment has been changed to include Exhibit "A" in Paragraph 7 and a similar change to Paragraph 11 and 14. I have contacted Bob Packard and requested that he place monuments on the Revised Easement based on the legal description which he prepared. Please arrange for the execution of the Settlement Agreement and provide a check for Mr. Packard. I understand your clients will remove all obstructions and encroachments from the Revised Easement area and right of way so that we may achieve all of the foregoing by February 22 and remove this case from the February 25, 2002, trial docket. F. V HILT RU 2770-15. wpd I. /.��� & BOZ° DEAN O oc^N. MEAD. EOERTON. BuOOOeWRTN, IN TCI1T i,(nc[ r w...•/VVANO S 80ZART N, P. A. M E A D CCAN, V1EiD. MIN TCN a KICIN � IS41I 1700 1KI134� T)00 14011 M1.1200 John B. Shoemaker, Esq. February 18, 2002 Page 2 Thank you once again for your assistance in this matter. i Ve yy s Hed JH:sl Enclosure cc: Clients (with enclosure) F VMLTRV:730-JS.-N (F LAW OFFICES AMA.RI & THERIAC, P.A. Attorneys and Counselors At Law Richard S. Amari Kohn Bennett Bradly Roger Bettin, Sr. Mitchell S. Goldman J. Wesley Howze David R. Martin Matthew J. Monaghan Mark N..IcQuagge Mark S. Peters David NI. Presnick Charles R. Steinberg James S. Theriac, III Of Counsel: 'Mary E. L tic, P.A. Susan Stills Building Department City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 RE: AVON BY THE SEA 421 Lincoln Avenue Dear Susan: Reply to: Cocoa Post Office Box December 6, 2001 Mariner Square 96 Willard Street, Suite 302 Post Office Box 1807 Cocoa, Florida 32923-1807 Telephone (321) 639-1320 Fax (321) 639-6690 Imperial Plaza Suite B104 6769 N. Wickham Road Melbourne, Florida 32940 Telephone (321) 259-6611 Fax (321) 259-6624 Please find this letter as a response to your fax concerning the above noted issue. As best as I can determine, Mr. Hedman desires to know "Whether the owners of lots 11, 12, and 13 can file a petition to vacate the alleyway... or... whether the owner of lct 5 must also j_ -in The question seems to arise from the fact that 1) no deed/document has been recorded in the Public Records, which purports to vacate the alleyway; 2) no construction has occurred which appears to condition the vacating of the alleyway; and 3) that lots 11, 12, and 13 are on the east side of the alley and lot 5 is on the west side. A review of the pertinent Cape Canaveral Code provisions and especially § 110-476, §66- 36(1), §66-38, and §66-39 along with Florida Statute provisions §336.09, §336.10, and §117.085 seems to indicate that "any person" may motion or request the City Council to "vacate anv alleyway." Therefore, under the plan reading of the Cape Canaveral Code and Florida Statutes, lot 5 is not required to request, by petition, the City Council to vacate the at -issue alleyway. Please note that the other named provisions provide for specific procedural requirements with regard to any petition requesting property held by the City be vacated, and I have issued no opinion as to same. It should also be notes that specific noted requirements related to a petition to vacate must be 50 Ms. Susan Stills December 6, 2001 Page Two followed and it is the recommendation of the office of the City Attorney that any property owner with any possible intent in the petition to vacate be noticed specifically. Lastly, with regard to Mr. Hedman's request as to whether the alleyway at issue has been vacated, I trust that staff would be able to provide such an answer, otherwise, please inform me and I will request a title search and review the pertinent Public Records for said answer. Please contact me should you desire any additional information or have any questions or �.TITIN-81M Sincerely, Mark McQuagge, Esquire MM:mem HP OfficeJet Personal Printer/Fax/Copier Identification 6399950 1.3.0 1.8 Fax Log Report for City of Cape Canaveral 321-799-3170 Feb -20-02 01:05 PM Result Paes Tune Date Time 04 Sent Feb -20 01:03P Duration Diagnostic 00:01:32 002586030022 . RESOLUTION NO. 73-11 MICROFILMED 4-10.80 -.. A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON - BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, deems it in the best interest of the City to abandon, close and vacate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea Subdivision; and WHEREAS, a public hearing was held on 1973, after being duly advertised, recording the City's intention to vacate this alleyway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. That a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida, is hereby abandoned, closed and vacated by the City of Cape Canaveral, Florida, and said City renounces and disclaims i any right of the City and the public in and to such alleyway, except as provided by Section 2 hereof. SEr—TION 2. The vacation and abandonment of this alleyway is for /the benefit of the record holder of title as of this date and is also f1 r rS�' contingent upon said owner commencing construction on the property here- inbefore described within six months from this date, and also upon said owner dedicating a utility easement of ten feet to be located approximately .f in the vicinity of said alleyway, to the City of Cape Canaveral, Florida. SECTION 3. This resolution shall become effective immediately upon its adoption by the City Council ySf )the City of Cape Canaveral, Florida, this 6TH day of March, (197P. iiia ATTEST: Try Clerk -Approved as to form: City Attorr LINCOLN AVENUE O 2'C&G }, N ;4 50.001(P) .05000(Pj 49.93'(M) 50.02'(M) )T LCT LOT 4 V L 0 7 FAST, 62.02' (M) 50.00'(P) LOT 5 BLOCK 72 S.1648156'W. T. 50.00' P) 56.451(M) '�"�: , m•tio gc.F:. ,, .��'.'�'.• 'neo � C> c�n� -. 24' x2�' -= 624 so G T • COm�A� CZ) RZ.: o,.N F\ZS� o.�c .ucia e� \2v.1-oF F S\=c� lc, n45'LbtciX 3"CraE•9EP;N%e "7$.9Cu.F Chi Q<.:•c...�T� 0..1 nt�•�-.P. � Z. 4 A��• P� �Ta) - o 8Cv4 x "C (C� T�`AL VoL.2.�.'. ZB.�Cv•�`••t'0ocv.f:=158 Ct+.i �. C4� �Sa cJ•� �. -7 • 'e �t0.S\ OJG ll.�C� O� 0.JJ oC�i- \S a� LINCOLN AVENUE O 2'C&G }, N ;4 50.001(P) .05000(Pj 49.93'(M) 50.02'(M) )T LCT LOT 4 V L 0 7 FAST, 62.02' (M) 50.00'(P) LOT 5 BLOCK 72 S.1648156'W. T. 50.00' P) 56.451(M) '�"�: "AN ORDINANCE AMENDING ORDINANCE 18-63 BY DEI LPQGQUkMROM U_PI QUIRENIENT THAT MEMBERSHIP OF THE ZONING & PLANNING BOARD BE OWNERS OF REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE". BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND UNANIMOUS VOTE OF COUNCIL THE FIRST READING ON THE ORDINANCE WAS APPROVED. ITEM 6. APPROVAL OF RENEWAL AND REPLACEMENT BILLS. MR. SALVAGGIO MOVED FOR APPROVAL OF THE PAYMENT OF $809.60 IN INVOICES. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNAN- IMOUS VOTE. ITEM 7. GARBAGE CONTRACT MR. FRANCIS ASKED THAT THIS ITEM BE HELD OVER AND THAT COUNCIL MOVE ON TO THE NEXT ITEM. ITEM 8. TRUCK BIDS MR. FRANCIS REPORTED THAT ONLY ONE BID WAS RECEIVED ON THE TWO TRUCKS AND RECOMMENDED THAT THIS BID BE REJECTED. MR. SALVAGGIO MOVED THAT THE BID BE REJECTED AND THE CITY CALL FOR NEIN BIDS. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE. ITEM 9. RESOLUTION 73-10 ALLEY CLOSING BLOCK 55. MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY WHICH ABUTS LOTS 5, 11, AND 12, BLOCK 55; AVON -BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE". MR. SALVAGGIO MOVED FOR THE ADOPTION OF THIS RESOLUTION. MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME, MR. SALVAG,3IO, MRS. THURM, MAYOR FIRKINS. OPPOSED MR. RUTKOWSKI. MOTION CARRIED. ITEM 10. RESOLUTION 73-11 ALLEY CLOSING BLOCK 72. MAYOR FIRKINS READ THE RESOLUTION ENTITLED " A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. MR. SALVAGGIO MOVED THAT THIS RESOLUTION BE ADOPTED. MR. RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR MAYOR FIRKINS, MR. RHAME, MR. SALVAGGIO, MRS. THURM. OPPOSED MR. RUTKOWSKI. MOTION CARRIED. RESOLUTION WAS ADOPTED. ITEM 7. GARBAGE CONTRACT THE CITY ATTORNEY STATED THAT THERE WAS NO CONTRACT PRE- PARED AT THIS TIME. TWO PARTIES WHO WHERE INTERESTED IN A GARBAGE CONTRACT WITH THE CITY WERE IN ATTENDANCE AT THE MEETING; MR. LAVIN AND MR. HOOG. AFTER CONSIDERABLE DISCUSSION MR. RUTKOWSKI MOVED THAT COUNCIL SET A SPECIAL MEETING FOR MARCH 7, 1973 FOR THE PURPOSE OF RE- SOLVING THE GARBAGE COLLECTION SITUATION. MR. SALVAGGIO SECONDED THE MOTION. THE MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED ` MOTION. DISCUSSION FOLLOWED REGARDING THE FACT THAT THE PROPOSED ANNEXATION (ORDINANCE NO. 3-83) WOULD NECESSITATE AN ADDITIONAL CHANGE IN THE ZONING MAP. A SUGGESTION WAS :MADE TO DELAY RESOLUTION NO. 83-9 UNTIL THE NEXT MEETING. MAYOR RUTHERFORD MOVED TO POSTPONE RESOLUTION 83-9 FOR TWO WEEKS. MR. NICHOLAS SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 6. RESOLUTION NO. 83-10 RE: PAVING PROJECT MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION INITIATING A PROGRAM FOR THE PURPOSE OF PROVIDING CERTAIN STREET IMPROVEMENTS IN THE CITY OF CAPE CANAVERAL, FLORIDA, DESIGNATING THE AREAS TO BE IMPROVED AND INSTRUCTING THE CITY MANAGER TO PREPARE AN ASSESSMENT PLAT SHOWING THE AREA TO BE ASSESSED, WITH PLANS AND SPECIFICATIONS OF THE COST OF SUCH PROPOSED LOCAL IMPROVEMENTS; PROVIDING AN EFFECTIVE DATE. MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED MOTION. CITY MANAGER SCOTT AND COUNCIL DISCUSSED THE STREETS TO BE PAVED IN THIS PROJECT. A PLAT MAP DEPICTING THE PROPOSED STREETS TO BE PAVED WAS ATTACHED TO THE ORIGINAL RESOLUTION. DISCUSSION FOLLOWED REGARDING THE MANNER IN WHICH THE CORNERS WOULD BE ASSESSED. MR. SCOTT INFORMED COUNCIL THAT IT WOULD BE DETERMINED AT THE NEXT MEETING. MR. SCOTT INFORMED COUNCIL THAT THIS PAVING WOULD COMMENCE IN APPROXIMATELY 45 DAYS FROM THIS DATE. FURTHER DISCUSSION FOLLOWED REGARDING THE NECESSITY TO PAVE THE STREETS TO THE SOUTH OF THIS PROJECT. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 83-10 PASSED UNANIMOUSLY. ITEM 7. RESOLUTION NO. 83-11 RE: REQUEST TO VACATE ALLEYWAY AND RELOCATE EASEMENT ON LOTS 10,_ 14 & 15, BLOCK 72, AVON -BY -THE -SEA MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING FOR THE VACATION OF A PORTION OF THE ALLEY- WAY AND UTILITY EASEMENT LOCATED BETWEEN JOIiNSON AVENUE AND LINCOLN AVENUE; AUTHORIZING CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING MINUTES MARCH 1, 1983 PAGE 3 OF 5 OAA MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED MOTION. DISCUSSION FOLLOWED_ MR. SCOTT EXPLAINED THAT THERE WAS A PROBLEM IN DETERMINING WHETHER OR NOT THERE WAS STILL AN ALLEYWAY IN THIS PARTICULAR BLOCK 72. DURING DISCUSSION, MR. BOWMAN, REPRESENTING J.L. COOKE, ARRIVED AT THE MEETING AND SPOKE TO COUNCIL. HE EXPLAINED THAT AS HIS PROJECT ADVANCED ON BLOCK 72 LOTS 10, 14 & 15, IT BECAME APPARENT THAT THERE MIGHT BE AN ALLEYWAY STILL IN EXISTENCE BETWEEN THOSE LOTS AND HE WAS REQUESTING THIS VACATION IN ORDER TO CLEAR UP THE PROBLEM. FURTHER DISCUSSION FOLLOWED BY COUNCIL. MRS. CALVERT MOVED TO TABLE THIS ITEM UNTIL COUNCIL HAD MORE INFORMATION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR RUTHERFORD REQUESTED THAT THIS ITEM BE PLACED ON THE NEXT WORKSHOP AGENDA. ATTORNEY SCOTT IS TO LOOK FURTHER INTO THIS PROBLEM. ITEM 8. RESOLUTION NO. 83-12 RE: REQUESTING VETERANS ADMINISTRATION CONSIDER HOUSTON ASTROS TRAINING SITE AS LOCATION FOR VETERANS HOSPITAL MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS: A RESOLUTION SUPPORTING THE CITY OF COCOA'S REQUEST TO LOCATE A VETERANS ADMINISTRATION HOSPITAL IN COCOA; PROVIDING AN EFFECTIVE DATE. MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED. IT WAS REQUESTED TI3AT COPIES OF THIS RESOLUTION BE FORWARDED TO THE VARIOUS REPRESENTATIVES AND THE VETERANS ADMINISTRATION. MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 83-12 PASSED UNANIMOUSLY. ITEM 9. MOTION RE: REQUEST FOR STREET LIGHTS COUNCIL HAD RECEIVED A LETTER FROM GERALD FISCHETTI REQUESTING TWO ADDITIONAL STREET LIGHTS IN THE SURF DRIVE, RIDGEWOOD AREA. IT WAS NOTED THAT A PREVIOUSLY REQUESTED STREET LIGHT (FEBRUARY 15, 1983 METING) WOULD PROBABLY COVER THE LIGHT IN THE CITY COUNCIL MEETING MINUTES MARCH 1, 1983 PAGE 4 OF 5 7-A� MEMORANDUM DATE: FEBRUARY 23, 2000 TO: SANDRA SMITH CITY CLERK FROM SUBJECT BENNETT C. BOUCHER, j CITY MANAGER j RESOLUTION NO. 73-11 Please provide me with a copy of the P&Z Board and City Council (Regular and Workshop) Meeting minutes regarding the passage of the above-mentioned resolution. Also, check said minutes through 1974 to see if there is any discussion on the expiration of this resolution C - 0101 rol y� VO, .VV1 LV. -!J t1.1 V.l �.)a0 VV•Sl LL.1:. ttr.Mv DEAN, MEAD, SPIELVOGEL & GOLDMAN ATTORNEYS AND COUNSELORS AT LAW tr..w.d-aatecadcam tot SOV'. Zo..7c!..Y II.R%t.Y.Y, st.az tot MC.QM tSL.AwO.:L0ftJC^ J2eea..oan t320-SM-ZZ33 M9 =0 41.3•ee.t November 9, 2001 Vis Facsimile No. 799-3170 Only Susan Stills, City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 yu V V,61 v v v eia0 oevtnzCUX 0A.Ve. evtre tCo MUSOURmc. FLORtaA 329.0-79+ 0 132u299-esoo VAX urt aG.-•+70 Merritt Island writer's E -Mail Addres_• HEDMAN(PPANMEAD.COM Re: Lots 11, 12, 13, Block 72, Avon By the Sea, as recorded in Plat Book 3, at Page 7, street address of 421 Lincoln Avenue, Cape Canaveral, Florida/Alley dispute Our File No. 17413/32730 Dear Ms. Stills: We have previously discussed by telephone the controversy surrounding the alley between Lots 11, 12, 13 on the east and Lot 5 on the west of the above-described property. Enclosed please find a memorandum from a Code Enforcement Officer to Building Department officials which addressed the controversy regarding the vacated alleyway. I am advised that a search of the public records reveals there is no deed or other document recorded in the public records which purports to vacate the alleyway. The various ordinances appear to make any vacation of the alleyway conditioned upon certain construction which the memorandum indicates did not occur. I am writing for two purposes: 1. To confirm that, according to the City of Cape Canaveral's records, the alleyway has not been vacated; and 2. To determine what procedure must be followed by the property owners in order to vacate the allcyway. Specifically, my question is whether the owners of Lots 11, 12 and 13 can file a petition to vacate the alleyway or whether the owner of Lot 5 must join in the petition to vacate the alleyway. P U}tarRv:'tCsatls+Da .. ..t•...aa 0E A N Ocv., M(.p, Erc.^tit. aLOpo..pwT... Otwtt. MW. Mwtpw 6 KLEtw M E a 0 1ttrJ)•a.t.7tyt .sa.t .u..ttoe ys•.ca•t'ta. 40, 11'UJ,;UU1 1J:3U ri1 J-1 -i o,) o 41 LLLN :.tL,AL WJ---V Susan Stills, City Cleric City of Cape Canaveral November 9, 2001 Page 2 appreciated_ Any assistance you can render in connection with this matter would be Ve ul yours, J o edman JH:sl F:'JIMT itU.7 ap.S. U s." 0 ..1• UJ' �UU1 1.i:i0 rz.1. J:l 3JJ 00.11 LL,y;v :1L:111 November 18, 1999 To: Dennis Franklin, CBO ,,ap From: Greg Mullins, Code Enforcement Officer 9311 Re: Vacation of alleyway between the blocks of Lincoln Avenue and Johnson Avenue Section 23, Township 24 South, Range 37 East, Avon -By -The -Sea, Block 72, Lots 5, 11, 12, 13 In regard to the recent property dispute along the above listed properties relating to a private property owners ingress/egress access easement and a vacated supposed 12' city deeded alleyway traversing adjacent to the said easement, after extensive research of records from the city, the property appraisers office, and clerk of circuit court, we were unable to locate any documents or confirm that a vacation of the alleyway on the north section was ever accomplished or completed. I have not seen any deed depicting that the city had a 12' alleyway deeded on the west side_ All the attached documents refer to Plat Book 3, Page 7. Verification of the attached documents, Resolution # 73-11 was a request to vacate the alleyway, with stipulations that the construction of a condo unit begin within six.months _ ofthe date of the'signing of the resolution by city council. Comments on the resoliifion document indicate that the construction did not occur as specified by the resolution, thus voiding the resolution. (see attached document) Verification of the attached document, Resolution # 83-11 indicates that a public hearing was scheduled for the vacation of a certain portion of the alleyway, encompassing lots 10, 14, 15, but no mention of the vacation of the alleyway adjacent to lots 5, 11, 12, & 13. (see attached document) Verification of the attached document, Resolution # 83-24 indicates that the above mentioned resolution #,93-11 was approved for vacation of said alleyway by the city council, and again, encompassing the vacation of the alleyway adjacent to lots 10, 14, I5 only. The attached exhibit "A" legal description (meets and bounds) when traversed out, indicates the south portion of the alleyway adjacent to lots 10, 14, & 15. (see attached document) PLAINnFF's DiHiBR r 11" 03, LUUI 13:46 r31 J."1 433 6041 Dr.0 JLAU EASEMENT VERIFICATION BLOCK 72, AVON -BY -THE -SEA PAGE 2 Verification from the property appraisers and the clerk of circuit courts office also indicates that the alleyway was never vacated adjacent to lots 5, 11,12, & 13. (see attached printout from appraisers office) The attached warranty deed dated 1981 indicates that the proposed Ocean Blvd. right-of- way was abandoned/vacated by the city. The deed also indicates that a 20' ingress/egress easement was deeded for the west 20' of the property on lot 11 for benefits of lot 12 & 13. (see attached document) ' • The attached deed of easement dated 1991 indicates that an easement was granted, sold, and conveyed by the owners of the property on lot I 1 to the persons mentioned in the deed, depicting a 20' ingress/egress easement along the west 20' of lot 11. According to the property appraisers office the property was sold to the present owners, the Vicidomni's, in July 1990, but the deed/easement was notarized in May 1991, one year after the property had new owners. (see attached document) *JUVJ'VVO Unless anyone can produce any documents depicting that the vacation was ever accornplishedlcompleted on the north portion of the alleyway, the alleyway is still in fact deeded to the city. With this being the case, the 12' city deeded public access alleyway does provide access to the two interior lots on lot 12 and 13. There is some question to the validity of the, edseinent in question with the dates arid time frame of the owners of the property at the time, the time frame the documents were notarized, and the date the property was sold, again which is a civil matter. This matter is a private property easement deed and a civil matter between the adjacent property owners, not the city. The deed was granted to the owners of the property as listed on the deed. The city ordnance for dumpster placement states that no dumpsters shall be placed upon any neighboring property, or within any city street right-of-way, as depicted in Section 62-9 Residential Solid Waste Pick-uo Conditions, and does not include the 20' private easement. (see attached code section) ti uy- �UU1 1J: -14 r 3J J.1 4 a j 0041 iJt i:N =.-W EASEMENT VERIFICATION BLOCK 72, AVON -BY -TIDE -SEA PAGE 3 I suggest that we contact the city attorney again with this additional information and see where the city stands as far as the alleyway access is concerned and the private access easement adjacent to it on lot 11. Does the city want to initiate the vacation of the easement? The private easement does not depict any access across lot 12 for access to lot 13, which is rather strange, unless at the time, the owner of the property owned lot 12 as well. 'The time frame of the easement depicted in 1991 was done after the owners that are mentioned in the easement had already sold the property in 1990. As the city attorney mentioned previously, this is a civil matter regarding a private access easement with placement of a dumpster on private property, and conflicting documents relating to the easement in question. C6, 11 VJ,-UU1 1J).4J r J.:1 4 3 0041 Lt.i.N ..Lt,w DEAN, MEAD, SPIELVOGEL &. GOLDMAN ATTORNEYS AND COUNSELORS AT LAW tai SOUTH COURMHAY PARKWAY, SUR'E2o1 MERRn7 iSLAND. FLORIDA 32952.4855 'rE:EPHONE: (321)453..2333 TiLECONGR: (321) 453.25.11 FAX TRANSMITTAL =vr-r DATE November 8, 2001 TO: Susan Stills, City Clerk FACSDAZE NO: FROtiq: Jason Hedman, Esq. CLIENTAIATTER NO TOTAL, NUMBER OF PAGES LNCLUDL-IG THIS PAGE: THIS IS THE ONLY r•OR.ti! of DELIVERY. MESSAGE -/MATERIALS: Please see the attached. 799-3170 17413/32730 IF THERE ARE ANY PROBLF-MS IN RECEIVINCj THIS TRANS VlTSSlON, PLEASE CALL Sue AT (321) 453-2333 (NMRRITT ISLAND, FLORIDA) WARNING w/.IUUl/UUO The information contained in this facsimile is azrorney-privileged and confidential information intended for the use of the individual or entity named above. If the reader of this rncssage is not The intended recipient or the recipient's employee or agent responsible for the delivery of this message to the intended rccipienr, you are hereby notified that any dicsenvnation, distribution or copying of this corrununicat on is j strictly prohibited. If you received this facsimile in error, P)case immediarely notify us via telephone, and return the original messaee to us at the above address via the U.5. Postal Scrvice. DEAN MEAD FORT PIERCE MELBOURNE MERRITT ISLAND ORLANDO 0�� ty of Cape Canaveral FILE COPY SUBJECT: APPLICATION FOR CONSTRUCTION PERMIT Aedile Contractors, Inc. Bud & Lois Schoenfeld Lot 5, Blk. 72, Avon By The Sea 419 Lincoln Ave. Cape Canaveral, Florida 32920 The submittal for the requested permit indicates that a twenty foot (20') ingress -egress easement has been provided across lots 11 & 12 to provide access to lot 13. The Building Depanment has been unable to locate documentation of the recording of this easement. The applicant is required to submit documentation of referenced easement prior to issuance of requeste .cbnstruction permit. U. G. J. Moran, CBO Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL. FL 32920.0326 5� TELEPHONE (407) 868.1200 • FAX (407) 799.3170 TODAY NEWS 308 FORREST AVENUE CCC^,A, FLORIDA 32922 GENTLEMEN: Cape Canaverai JE -CAPE CANAVERAL_ FLORIDA 32920 r£LEPHONE 303 783.1100 EBRUARY 16, 1973 PLEASE PUBLISH THE FOLLOWING LEGAL AD FOR ONE DAY CN FEBRUARY 19, 1973: NOTICE FOR VACATING, A8ANCCN11vG AND DISCCNTINUING ALLEY RIGHT-OF-WA.Y TO WK -N, IT MA.Y CONCERN: TAKE i\;CT i CE THAT THE CITY COUNCIL OF THE CITY OF CAPE CAJNV lv = ;,''�. FLORIDA, ON PETITION OF QUALIFIED LA.NDCiWINERS, `/ILL, AT 0`J THE�_6TH GA':' OF `^ARCr', 197111 AT THE CITY HALL, 105 POLK AVENUE, CAPE C-44AVERAL, FLORIDA, CONSIDER AND DETERJIITNE W.�ETHE;Y OR T r CIT`r WILL VACATE, ASANCCN, DISCONTINUE 41D CLOSE ANI a.LLE', RIGHT-OF-WAY, HEREINAFTER DESCRIBED, TO -WIT: .Th -SOUTH ALLEY RIGHT -CF -WAY EXTENDING FROM LINCOLN AVENUE TO JOHNSON AVENUE THROUGH BLOCK 72, .AVON -BY -THE -SE -A.. SECTION 23, TWP. 24, R,�iGE 37E, RECORDS OF BREVARD COUNTY, FLORIDA. PERSONS INTERESTED MAY APPEAR AND BE HEARD AT THE TIME AND PLACE ABOVE SPECIFIED. y ANITA ,J. OST�cm CITY :LERK-TREASURER C7 -!y Cr_ CAPE CANAVER AL, = _:R I Da Feb. i:, , P 197 r L2.17 Bui ldir.g Official City of Cape Canaveral, Florida Because of certain delays in revision to plans necessitated by changes in setback it is requested that my Building Per- mit ,#1844- for a 24 unit condominium on Lincoln Ave. at the ocean end be extended for 90 days beyond the present expir- ation_ date which is march 12, 1974. Sincerely J. `rJill -a; �,. Holmes F�oruary 22, 1974 Permission for above extension is hereby granted. his will be the last extension you will be able to get on this permit. E. H. Allen Building Official City of Cape Canaveral, Florida 0 MICRONUIED 4-10-80 RESOLUTION NO. 73-11 A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON - BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, deems it in the best interest of the City to abandon, close and vacate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea Subdivision; and WHEREAS, a public hearing was held on 1973, after being duly advertised, recording the City's intention to vacate this alleyway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY % COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. That a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida, is hereby abandoned, closed and vacated by the City of Cape Canaveral, Florida, and said City renounces and disclaims any right of the City and the public in and to such alleyway, except as provided by Section 2 hereof. SECTION 2. The vacation and abandonment of this alleyway is for y 0the benefit of the record holder of title as of this date and is also contingent upon said owner commencing construction on the property here -1y" inbefore described within six months from this date, and also upon said A owner dedicating a utility easement of ten feet to be located approximately '1 in the vicinity of said alleyway, to the City of Cape Canaveral, Florida. SECTION 3. This resolution shall become effective immediately upon its adoption by the City Council Florida, this 6TH day of March, ATTEST: CRY Clerk / City of Cape Canaveral, Approved as to form: City ttor y O5G l ' 3 , DEED OF DEDICATION, PAGE 83 tt�a KNOW ALL MEN BY THESE PRESENTS: That, WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES, and VERNON R. KOCH, joined by his wife, HELENE C. KOCH, Grantors, in consideration of TEN DOLLARS ($10.00), to them paid by the QITY OF PE CANAVERAL, a municipal corporation, whose address is: Municipal Building, apeCanaveral, Florida 32920, the Grantee, the receipt of which is hereb_ y-.; acknowledged, do hereby grant, bargain, sell and convey to said Grantec7,'�he' = ' following described property, to -wit: v_;:::;: 2i �2 A ten (10) foot utility easement, the centerline of said easement;y.•, r, i being described as follows: Commence at the Southwest corder I of Lot 15, Bloack 72, Avon by the Seal as recorded in Plat Book '3, Page 7, Public Records of Brevard County, Florida; thence !' run West along the North Right of Way line of Johnson Avenue. 11 feet to the Point of Beginning of said easement; thence run North 16043'30" East parallel to and 11 feet West of the centerline of the 12 foot abandoned Alley as recorded on said plat of Avon by the Sea, a distance of 130 feet more or less to a point on the North line of Lot 10, Block 72 extended Easterly. Said point being 1 foot East of the Northeast corner of Lot 10, Block 72, Avon by the Sea. Bearing datum is assumed. TO HAVE AND TO HOLD unto the CITY OF CAPE CANAVERAL for- ever all and singular the said premises for the pt_rpose of a utility easement. IN WITNESS WHEREOF the said Grantors have signed and sealed these presents on the flay of March, A.D. 1973. Signed, sealed and delivered in the presence of: �� u t �L %� (SEAL) WILLIAM L HOLMESLT- 7A / \ , (-SEAL) '► ._ .. EN E. HOLMEX MIS iNSTRUPJIEfdT WAS PREPARED BY: l�� k) (SEAL) VERNON R. KOCH 5T/?m.;ry W61_F1%RA.' 200W Mr-RKif7TSLI CRV_%XWA/ 1 .. X- � y �� , /'_1 / (SEAL) 1T 25L_n /� 0 - F o u , HELENE C. KOCH STATE OF FLORIDA: COUNTY OF BREVARD: I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgment, personally appeared WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES, and VERNON R. KOCI-I, joined by his wife, HELENE C. KOCI-I, to me known to be the persons described in and who executed the same for the purposes therein expressed. WITNESS my hand and official seal in the County and State last afore- said, this the 1- .tday of March, A. D.1973. My Commission expires: Notaty Public C5� DELDOF DEDICATION,�i3;c8 TACE 83 E 3 KNOW ALL MEN BY THESE PRESENTS: That, WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES, and VERNON R. KOCH, joined by his wife, HELENE C. KOCH, Grantors, in consideration of TEN DOLLARS ($10.00), to them paid by the CITY OF CAPE CANAVERAL, a municipal corporation, whose address is: Municipal Building, Cape Canaveral, Florida :.32920, the Grantee, the receipt of which is hereil.':,; acknowledged, do hereby grant, bargain, sell and convey to said GranteeVAiw t following described property, to -wit:' 8,31(;f6 A ten (10) foot utility easement, the centerline of said easemeet.— being described as follows: Commence at the Southwest corner of Lot 15, Bloack 72, Avon by the Sea as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida; thence 0, run West along the North Right of Way line of Johnson Avenue 11 feet to the Point of Beginning of said easement; thence run - _ North 16043`30" East parallel to and 11 feet West of the centerline of the 12 foot abandoned Alley as recorded on said plat of Avon by the Sea, a distance of 130 feet more or less to a point on the North line of Lot 10, Block 72 extended Easterly. Said point being 1 foot East of the Northeast corner of Lot 10, Block 72, Avon by the Sea. Bearing datum is assumed. TO HAVE AND TO IIOLD unto the CITY OF CAPE CANAVERAL. for - `ueyer all and singular the said premises for the pLrpose of a utility easement. IN WITNESS W144REOF the said Grantors have signed and sealed nese presents on the 'NX _4Z2y of March, A. D. 1973. .:ibmed, sealed and delivered in .tine presence of: �- �`L� - (SEAL) WIL IAM L H LMES ,('SEAL) `�— EN E. H LM TFtUPJIEfJT WAS PREPARED BY. - (SEAL) v�ot.Pl'Hiv moo w MCi?K�l7 iS..AN, . VERNON R. KOCH b -C x"/ (SEAL) _ir.. xsc n i.)o FI -Q R u t, HELENE STATE OF FLORIDA: COUNTY OF BREVARD: I HEREBY CERTIFY that on this day before me, an officer duly qualified LO take acknowledgment, personally appeared WILLIAM L. LIOLMES, joined by his wife, EILEEN E. HOLMES, and VERNON R. KOCH, joined by his wife, HELENE C. KOCi i, to me known to be the persons described in and who executed the same for the purposes therein expressed. WITNESS my hand and official seal in the County and State last afore- h�;�j,, tIiis the qJ:!.iday of March, A. D. 1973. ;.......,,«+r Ys;;i;m expires: ota y Public STATE FLORIDA 1 f)UCUtl.EtdT/1K i . ^�x`o (AMf' A X 1 - _e I JP 0 PETITION TO VACATE ALLEY TO THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA. Petitioners, ERNEST G. HOELPERL and GR.9TE M. HOELPERL, his wife; ROY J. WORLEY, SR. and NORA A. WORLEY, his wife; BUFFIN B. PURCELLand MINNETTA PURCEL% his wife; and WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES, respectfully show the Council as follows: Petitioners own the property abutting the alley extending from Lincoln Avenue to Johnson Avenue through Block 72, of AVON -BY -THE -SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, Public Re- cords of Brevard County, Florida and being specifically the Lots as follows: Owner ERNEST G. HOELPERL and GRATE M. HOELPERL, his wife ROY J. WORLEY, SR. and NORA A. WORLEY, his wife BUFFIN B. PURCEL/-and MINN- ETTA PURCEL4 his wife WILLIAM L. HOLMES Lots 5 10 11, 12 and 13 14 and 15. Said alley has never been opened for vehicular purposes, has never been used by the public and serves no public prupose. WHEREFORE, Petitioners respectfully petition the Council to vacate said alley. Petitioners agree that if said alley is vacated, they will dedicate to the City of Cape Canaveral a ten (10) foot utility easement within the boundaries of said vacated alley immediately, as recommended by the City Engineer. f C / — L� (SEAL). . ,.( SCAL )4_14BUFT B. PURCEL ERNEST G. HOELPERL,/ %l�r�� s c?, /j w14_tr4,". (SEAL) MINNETTA PURCEL f .� �-✓ti� (SEAL). _11 -IAM 1,,. HOLMES � irk' ,• V1 M. HOELP '— (SEAL) 9 (SEA 5 Memo To: MORRIS REID, BUILDING OFFICIAL j From: BENNETT C. BOUCHER, CITY MANAGE Date: 8/26/02 U Re: PETITION TO VACATE AN ALLEY Attached is a petition to vacate an alley within Block 72, Avon -by -the -Sea subdivision. Please process this request, consistent with Code Section 110-476. C C uu Attachment 0 Page 1 City Managers Office Memo To: MORRIS REID, BUILDING OFFICIAL j From: BENNETT C. BOUCHER, CITY MANAGE Date: 8/26/02 U Re: PETITION TO VACATE AN ALLEY Attached is a petition to vacate an alley within Block 72, Avon -by -the -Sea subdivision. Please process this request, consistent with Code Section 110-476. C C uu Attachment 0 Page 1 DEAN, MEAD, SPIELVOGEL & GOLDMAN ATTORNEYS AND COUNSELORS AT LAW Ww dea°mead.rom 101 SOUTH OOURTENAY PARKWAY SUITE 201 MERRITT ISLAND, FLORIDA 32952-4853 (321-) 433-2333 FAX (321) 453.8441 August 15, 2002 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 8240 DEVEREUX DRIVE, SUITE 100 MELBOURNE, FLORIDA 32940.7949 1321) 259.4900 FAX (321) 2S4-4479 REPLY TO: Merritt Island Writer's E -Mail Address JHEDMAN@DEANMEAD.COM Re: City of Cape CanaveralNacation of Alleyway between blocks of Lincoln Avenue and Johnson Avenue, Section 23, Township 24S, Range 37E, Avon By the Sea Subdivision, Block 72, Lots 5, 11, 12 and 13 Moriarty vs. Kister, et al. Civil Action No. 05-1999-CA-4882-XXXX-XX Our File No. 17413.32730 Dear Mr. Boucher: I am providing a copy of this correspondence to the city attorney since, in my last conversation with Mr. Kohn Bennett, he advised that I should contact the city directly in order to pursue vacation of the alleyway. As you may be aware from Subpoenas and various discovery involving the City of Cape Canaveral in the above -referenced lawsuit, there exists a controversy regarding the above alleyway. Enclosed is a Memorandum dated November 18, 1999, from Greg Mullins, Code Enforcement Officer, to Dennis Franklin, Chief Building Officer, which addresses this issue. Also enclosed is a Memorandum dated November 7, 2001, from Forrest Rooker of LandAmerica Title Company confirming that the Public Records of Brevard County do not reflect a vacation of the alley. I have not enclosed the numerous deeds referenced in this Memorandum. Also enclosed is a copy of the Final Judgment which was entered by the Court. You will note the Judgment contains the agreement of the owners of Lots 11, 12 and 13 to the vacation of the alleyway. M0004454.1 " °"""°° DEA N DEAN, MEAD. EOERTON, 8L000wORTH, I" ro. �IU1°c �/ CA.OUANO & 807ARTH. P A. MEAD DEAR. MEAD. MINTON S RCIN -- 140)1 MI•IZOD 13111 ♦M -7T00 INI163i-17 / � Bennett Boucher, City Manager City of Cape Canaveral August 15, 2002 Page 2 I am writing to request that the city enter a proper legal document in the Public Records vacating the alleyway. As expressed in prior correspondence directed to the city attorney's office, I am not certain whether the Resolutions referenced in Mr. Mullins' Memorandum are sufficient such that only a formal vacation of the alley need be recorded in the Public Records or whether a new petition must be filed. I understand that it may be necessary to have a survey performed or a legal description prepared. I have retained Mr. Bob Packard, PSM, of R. M. Packard & Associates, Inc., to provide surveys and sketches which may be required. I remain available to discuss this matter further or provide additional documentation if needed. If it is necessary to file a petition for vacation of the alleyway, I would appreciate your providing me with a form so that I may complete the petition and proceed with the proper procedure to vacate the alleyway. JH:sl Enclosures Thank you for your assistance in this matter. cc: Charles G. Crawford, City Attorney Client Commonwealth Land Title Insurance Company Attn.: Kimberly K. Meyers, Claims Representative (all without enclosures) M0004454.1 CG- November 18, 1999 To: Dennis Franklin, CBO From: Greg Mullins, Code Enforcement Officer CSrx Re: Vacation of alleyway between the blocks of Lincoln Avenue and Johnson Avenue Section 23, Township 24 South, Range 37 East, Avon -By -The -Sea, Block 72, Lots 5, 11, 12, 13 In regard to the recent property dispute along the above listed properties relating to a private property owners ingress/egress access easement and a vacated supposed 12' city deeded alleyway traversing adjacent to the said easement, after extensive research of records from the city, the property appraisers office, and clerk of circuit court, we were unable to locate any documents or confirm that a vacation of the alleyway on the north section was ever accomplished or completed. I have not seen any deed depicting that the city had a 12' alleyway deeded on the west side. All the attached documents refer to Plat Book 3, Page 7. Verification of the attached documents, Resolution # 73-11 was a request to vacate the alleyway, with stipulations that the construction of a condo unit begin within six months of the date of the signing of the resolution by city council. Comments on the resolution document indicate that the construction did not occur as specified by the resolution, thus voiding the resolution. (see attached document) Verification of the attached document, Resolution # 83-11 indicates that a public hearing was scheduled for the vacation of a certain portion of the alleyway, encompassing lots 10, 14, 15, but no mention of the vacation of the alleyway adjacent to lots 5, 11, 12, & 13. (see attached document) Verification of the attached document, Resolution # 83-24 indicates that the above mentioned resolution # 83-11 was approved for vacation of said alleyway by the city council, and again, encompassing the vacation of the alleyway adjacent to lots 10, 14, 15 only. The attached exhibit "A" legal description (meets and bounds) when traversed out, indicates the south portion of the alleyway adjacent to lots 10, 14, & 15. (see attached document) PLAINTIFF'S EXHIBIT �' m � � .��yzc� EASEMENT VERIFICATION BLOCK 72, AVON -BY -THE -SEA PAGE 2 Verification from the property appraisers and the clerk of circuit courts office also indicates that the alleyway was never vacated adjacent to lots 5, 11,12, & 13. (see attached printout from appraisers office) The attached warranty deed dated 1981 indicates that the proposed Ocean Blvd. right-of- way was abandoned/vacated by the city. The deed also indicates that a 20' ingress/egress easement was deeded for the west 20' of the property on lot 11 for benefits of lot 12 & 13. (see attached document) The attached deed of easement dated 1991 indicates that an easement was granted, sold, and conveyed by the owners of the property on lot 11 to the persons mentioned in the deed, depicting a 20' ingress/egress easement along the west 20' of lot 11. According to the property appraisers office the property was sold to the present owners, the Vicidomni's, in July 1990, but the deed/easement was notarized in May 1991, one year after the property had new owners. (see attached document) Unless anyone can produce any documents depicting that the vacation was ever accomplished/completed on the north portion of the alleyway, the alleyway is still in fact deeded to the city. With this being the case, the 12' city deeded public access alleyway does provide access to the two interior lots on lot 12 and 13. There is some question to the validity of the easement in question with the dates and time frame of the owners of the property at the time, the time frame the documents were notarized, and the date the property was sold, again which is a civil matter. This matter is a private property easement,deed and a civil matter between the adjacent property owners, not the city. The deed was granted to the owners of the property as listed on the deed. The city ordnance for dumpster placement states that no dumpsters shall be placed upon any neighboring property, or within any city street right-of-way, as depicted in Section 62-9 Residential Solid Waste Pick-up Conditions, and does not include the 20' private easement. (see attached code section) EASEMENT VERIFICATION BLOCK 72, AVON -BY -THE -SEA PAGE 3 I suggest that we contact the city attorney again with this additional information and see where the city stands as far as the alleyway access is concerned and the private access easement adjacent to it on lot 11. Does the city want to initiate the vacation of the easement? The private easement does not depict any access across lot 12 for access to lot 13, which is rather strange, unless at the time, the owner of the property owned lot 12 as well. The time frame of the easement depicted in 1991 was done after the owners that are mentioned in the easement had already sold the property in 1990. As the city attorney mentioned previously, this is a civil matter regarding a private access easement with placement of a dumpster on private property, and conflicting documents relating to the easement in question. MEMO NOVEMBER 7, 2001 TO: JASON REDMAN FROM: FORREST ROOKER RE: YOUR FILE 17413/32730 CLAIM NO. C003247 Jason, Attached please find copies of the deeds in the chain of title for Lots 1 l., 12 and 13, Block 72, Avon By The Sea, PB 3/7. You will note that some but not all make reference to a purported " east 6 feet of Vacated Ailey"_ There is no Vacation of record for this "Alley". Also of record are 2 Quit Claim Deeds specifically conveying a portion of a "dedicated alleyway" adjacent to these lots along with a Grant of Easement over the same. I hope this information helps and if you need anything further please let me know. orrest Rooker cc: Kim Meyers LandA.merica Claims Attachments: WD DB 313-33 WD DB 324-497 WD OR 1768/386 WD OR 1781/4 WD OR 1825/557 WD OR 2336/855 WD OR 2336/856 WD OR 2336/857 WD OR 2343/1623 WD OR 2902/24 WD OR 3128/3884 WD OR 3429/3526 QC OR 3584/331 QC OR 3584/332 EASE OR 3584/330 WD OR 4072/3197 0� MICROFILMED 4-10-80 RESOLUTION NO. 73-11 A RESOLUTION TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON - BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, arida, deems it in the best interest of the City to abandon, close and a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea division; and WHEREAS, a public hearing was held on 3, after being duly advertised, recording the City's intention to vacate > alleyway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY % UNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. That a certain dedicated alleyway lying in Block 72, .von -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of revard County, Florida, is hereby abandoned, closed and vacated by the 4ty of Cape Canaveral, Florida, and said City renounces and disclaims right of the City and the public in and to such alleyway, except as d by Section 2 hereof. SECTION 2. The vacation and abandonment of this alleyway is for benefit of the record holder of title as of this date and is also n ent upon said owner commencing construction on the property he re- months from this date, and also upon saidore described within six dil' - ner dedicating a utility casement of ton feet to be located approximately Elle vicinity of said alleyway, to the City of Cape C;ulnvc ral, Florida. Sft:,l'ION 3. •Phis rcGr�lln RESOLUTION NO. 83-11 A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC HEARING FOR THE VACATION OF A PORTION OF THE 'ALLEYWAY AND UTILITY EASEMENT LOCATED BETWEEN JOHNSON AVENUE AND LINCOLN AVENUE; AUTHORIZING CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Florida, has adopted Mapped Streets Act, and WHEREAS, such Act requires the Council to hold a Public Hearing and advertise such hearing two (2) weeks prior to the date.of the Hearing, and WHEREAS, the Planning and Zoning Board of the City of Cape Canaveral has approved the vacation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida as follows: SECTION 1. The City Council meeting of April 19, 1983 is hereby established as the Public Hearing date for the vacation of a portion of the alleyway and utility easement located between Johnson Avenue and Lincoln Avenue, more particularly described as that alleyway located between and contiguous to: LOTS 10, 14 AND 15, BLOCK 72, AVON -BY -THE -SEA SECTION 2. The City Clerk is hereby authorized to advertise such Public Hearing.* - SECTION 3. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of March 1983. MIyor :Attest:. �1t City Clerk• Approved as to Form: tyo ` NAME YES NO CALVERT x I HARRIS NICHOLAS I x I RUT HERFORO x I x WINCHESTER G RESOLUTION NO. 83-24 A RESOLUTION VACATING THE ALLEYWAY BETWEEN 14 AND I5, BLOCK 72 OF CAPE COTS ANAVERAL ' AVON -BY -THE -SEA WITHINTHE 10, CAPE CANAVERAL FLORIDA; DEDICATION TO THE CITY ON LOT 10, BLOCK FLORIDA, OF A PUBLIC CITY OF EFFECTIVE DATE. , AVON -BY- ACCESS EASEMENT THE -SEA; PROVIDING AN WHEREAS, Siesta Del Mar, Of Cape Canaveral, Inc" has petitioned the City Florida to vacate 10, 14 and 15, Block 72, Avon -b the alleyway between Lots Y -the -Sea; and WHEREAS, the City Council of the Cit Florida has determined Y °f Cape Canaveral, ` that it is in the best interest of City to vacate said alleyway, the NOW, THEREFORE, BE IT RESOLVED as follows; SECTION I. The City o� Cape Canaveral wa Florida hereby vacates the alleyway y between Lots 10, 14 and 15, Block 72, Avon- by- the -Sea. SECTION 2. The vacation of this alleyway is contingent upon dedication, to the city of Cape Canaveral Florida, of a Public access easement on Lot 10, Block 72, replace the vacated alleyway_ Avon -by -the -Sea, to SECTION 3. This Resolution shall become effective immediatel Y upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral Florida, this 19th day of April ' ,,•; ��; �i.l'�•;l ,�;' 183. Attest: I l�'/: My or Cit}�,,Clerk —� Approved as to Form: ynntr res no November 18, 1983 Joseph R. Scott, Esq. 110 Polk Avenue, Suite 6 Cape Canaveral, Florida 32920 Re: Jay Cooke/Siesta Del Mar/ Easement w/City of Cofea�Reac�- Our Pile: J28-7066 Dear Joe: Pursuant to our agreement, please find enclosed herewith the original executed and recorded Easement regarding JL Development. With indest regards, Bruce W. Jacobus !M'J : me enclosure cr: JL Development, w/o enc. •\ LAW OFFICES OF IVOLPP,,, KII2SCI1FNW,1JM, GUZUSO, MOSLEY R KAUBOORD 320 FORTENSERRY ROAO 505 NORTH ORLANOO AVENUE 325 FIFTH AVE14 TI e11111TT IS LAND, FLOR[DA SP96P POST OFFICE 00x l57 INDLLLANTiC, FLORID\ (30 5) 703.2218 GLASS SANK BUILDING (305) 783-2216 Cocos Benca,FLORWA 72931 (3051 783-2218 FRANK M. WOLFE BRUCE MALCOLM R. KIRSCHENBAUM OONNA In JOE TEAGUE CARUSO REPLY TO: Cocoa Beach fREOER11 CURTIS R. MOSLEY J. RODNE+ JOMN J. KABOOORO, JR. MICHAEL M JACK A. KIRSCHENBAUM BARRY C. G. November 18, 1983 Joseph R. Scott, Esq. 110 Polk Avenue, Suite 6 Cape Canaveral, Florida 32920 Re: Jay Cooke/Siesta Del Mar/ Easement w/City of Cofea�Reac�- Our Pile: J28-7066 Dear Joe: Pursuant to our agreement, please find enclosed herewith the original executed and recorded Easement regarding JL Development. With indest regards, Bruce W. Jacobus !M'J : me enclosure cr: JL Development, w/o enc. 1 is �vL2 /y TRIS INSTRUMENT PREPARED BY! truce W. Jacab.s, Esq. of VJOLfE, KIRSC11ENBAUM, CARUSO, MOSLEY & KABBOOM P.A. P. 0. Box W. Cocas Beactl, FL 32931 EAS ERENT THIS INDENTURE, made this ! 2 day of October, 1983, between JAY L. COOKE, hereinafter referred to as GRANTOR, and THE CITY OF CAPE CANAVERAL, hereinafter referred to as GRANTEE, whose address is: 105 Polk Avenue, Cape Canaveral, Florida 32920. W I T N E S S E T H: That the GRANTOR in the consideration of Ten and No/100 Dollars and other valuable consideration paid, the receipt of which is hereby acknowledged, hereby grants, gives, conveys and transfers unto the GRANTEE, its successors and assigns, a perpetual easement commencing on the above date, on and over the following described property, to -wit: See Exhibit "A" attached hereto and made a part hereof, for the following purposes: Right of ingress, egress and access, by vehicular or pedestrian traffic, upon and over the above described property. TO HAVE AND TO HOLD, said easement unto the GRANTEE and to its successors or assigns. GRANTOR does hereby covenant- with GRANTEE that he is lawfully seized and possessed of the land herein described and that he has good and -- lawful right to convey it or any part thereof. --Ij fV IN 14ITNESS WHEREOF, GRANTOR has hereunto caused these presents to —`' be signed the day and year first above written. h, � J L. C OKE u�t 1 ����TcJ�lC •��i�� J1� D C) � Witnesses OlCh ht, FEE S p(CD PAYMFNI AS n REC `� 1^1D;CAMI 1011 CLASS "q DOC S7. - S r:' IntaucmtF. ,. LIuC N --- --" SjAh1F V.XES.:;W'NED STATE OF MICHIGAN �1'.!5 411A.( J COUNTY OF ° r. I HEREBY CERTIFY that on this _/f.' • , personally appeared .TAY I.- ('00N)t. r w1io •xcoAlt.t.0 11..• ' L EXHIBIT "A" Begin at a point being the intersection of the South line of Section 23 and the center line of Ridgewood Ave. Proceed in a northerly direction along sail center line of Ridgewood Ave. to an intersecting point in line with the north right-of-way line of Johnson Ave. Continue east along said north right-of-way line of Johnson Ave. a distance of 225.0 feet to the southwest corner of Lot 10. Then proceed east an additional distance of 27.0 feet to the Point of Beginning. Then proceed northeast along a line parallel to the west property line a distance of 136.63 feet to the north property line, then proceed east along the north property line a distance of 29.0 feet to the northeast corner of Lot 10, then proceed southwest along the west property line a distance of 28.13 feet; then proceed west along a .line parallel to the north property line a distance of 9.0 feet; then proceed southwest along a line parallel to the east property line a distance of 108.5 feet to the south property line; then proceed west along the south property line 20.0 feet to the Point of Beginning. FjLE WALTER C. BOWMAN ASSOCIATES A;ciCNITEC78 PLANNERS CONSTAUC'J'OiaB November 2, 1982 Mr. Jay L. Cooke 300 E. Longlake Rd., #275 >,�a fo' Bloomfield Hills, Mich. 48013 `} Re: Siesta Del Mar Condominium WB8207 Dear Jay: You will find enclosed copies of the responses from the utility companies involved in relocating the easement; including my letter to the city and two maps depicting the circumstances. The issue, as I mentioned, has been compounded because the order to vacate die alley issued in 1972 was never recorded properly with the county by the city, and had a reverter clause requiring construction within six months. Though I feel something legally is amiss here, the bottom line appears to be simply a new request by you in a letter encompassing the following: 1) Request to the city to vacate a 12 foot alley described as follows: "East 6 ft. of lot 10 and West 6 ft. of Lots 14 and 15, Block 72, "Avon by the Sea", Brevard County, Florida". 2) Request to the. city to relocate. utility easement described as.. follows: "East 5 ft. of Lot 10.and West 5 ft. o_ f Lots 14. and 15, Block 72,. 'Avon by the.Book 128, Page 83 of. r Brevard County, Florida". With the easement to be relocated on the property as follows: the North 10 ft. of Lot 10 and the West 10 ft. of Lot 10 lying in Block 72, 'Avon by the Sea" of Brevard County, Florida". 3) An agreement by you as principal developer to pay all costs of relocating the utilities to the new easement as defined in the attached letters from Cocoa Water Depazanent, Florida Power and.LighG Southern Bell and City Gas Company of Florida. The agreement to cover these costs should be directed to the city of Cape Canaveral. A response from you on this issue is required prior to the next P & Z meeting on November 10, 1982. I would appreciate a copy of your request and your attention to this matter at your earliest convenience. Continuing in your Scrvice. Walter C. Bowman, i\In IPI.-. W CB: ka s 7001 NOntrI nrlAri( I( AVE NUE -:105•J,ii l?Uii -kAff CAa(A.(!?AL. rzu,i:oA 32920 C tdov-16-99 12:36F nPERY APPRAILR// GIS P.01 P R 0 P E R T Y Pty, A G E M ENT I N F O R M A T S Cr' .: S Y S T E M /-INQ PANEL SALES R -RESTART .=CURR-COtm,alT (PMS016M1) a-=--a--s-aa--a�aaaa-,�.-a--s-a---a-a-aa--ea-a-----a------------------------�aaa RESTART: PARCEL ID: 24 3723CG 72 5 LINE NO HISTORY COMMENTS 1999/11/16 1 1994 712LE 13 bOUXIANNE VAN HISS 6 PITA SCHOENFELD T/C P/2204/2955 2 1994 5/17/94 VH --- 3 1996 3511/1439 K VAN RISE 1/2 INT TO ICRLTER SCEOENPELD; TITLE NOW: 4 1996 WALTER SCROENAELD 1/2 INT i RITA SCHOLNrZLD 1/2 INT 10/20/95 MR 5 1996 LEGAL DE9C CORRECTION 4 MONT rT CORRECTION REMOVRD NEST 6 FT OT 6 1996 VAC AS.LEX 97-044 DESC 6 TRONT PTA= DUE TO ARSSARCH DONE 12-77 IT 7 1046 MU' DZTiCia1QNED TEAT ALUM RAS IPOT VACAT?,D (SEE OLD BLDG CARD OX 6 1966 C1:-•72-10) LOT 5 DUSSED NWAN COARECT700 MADE Ili 1977 DOES NOT 9 1996 ArJMCT VALO•E AS LOT IS ASSESSRD ON A PER LOT BASIS 1/17/96 GL --- 30 1996 DC 3348/3452 I'OR RITA E SCSOENFRI.D; DOD 5/5/91; TITLE TO it 1996 SPOUSE IGLTER SC11OEN9ELD 3/8/96 MR 12 1996 NOTE: 3584/330 PT 24 -37 -23 -CG -72-5 6 12) GRANT OT EASIt&NT--NOTE: 13 1996 3584/332 TRESS ARE ALL CITY or CAPE CANAVERAL EAS NOT VACATED 14 1996 ALLEY DESCRIMM IN TIMOR DOCUMENTS P/RO 7/17/96 CR Yn 1tem 7�3--''193 C-7, fQG ty 21 A LA,11 il. 1, h. "I N' ON, " JOIN J. VOCT.illl jUltR r S( PlOrldc, NO. 6 'and Ait, liclow IVa t'i'villoo SI 1i81 diNw rot 63:38.1 .. . 0 NO/I00•^...._..... ........ . ...... -OC "I 01-ck721 A10 I'hwa." 1'. ...... .... Oil. the root 23 N fly SC4 rccuI*d(-LI in I)Int rW Ii:COV0111� rev.1 rd Colin, -r (c) III(.- P11 Y. f°IurlJ+l P:Nv 7, ItcuurJs t ly lot I Pot I (oil f C-11CO --j I'l; W, I Ll of AI - nuly I sc I ilvd. rcscr%.,., an c%OjTj(,n, `tantoul the PrOPOrry IICL'Ci,l Ct, lit a kJ tc, IvcYW for III, n" 110 West 20 roo,�� -I.e 7. Avon- bY-tl',-&,, Plac tblk .3, 1" Subject In J -r-11 plo 13, 8100c 72, cn wx n PV 'EY fnx,. 0 v re3tc.1L.110, , w", I Yeac l')S I il. ki 1qb � 1 0 rclllipos.o I IlOt" Y'..". • nto I(, I �411 it, U) Within -cosc. rc it rL .1 lit. a k. in l.", I PC, I i, "1111M IlIc I to n Y 'n. If I 10", U. a I U, if JJ Ina (I,, I,. !Y4411 O lvi(,. 11,90 fill, w I........ ya .. j; I., L '7 . .. ......... L'!u0 t. Itf., III Y A IJ llrevo,;d OiCKSON ....... .... p"I N,)vO-jl be.. U, or -Y; MCC: 2336 0856 (F TYro P. go�� 249 �L' lianplers SPACE Merritt Islaid, IS1135 FL 32954-0249 d ��j . k R«um 70�� Commonvugh Lind Title I DEED OF E,�aI� 308 Pine Street ncurance Company Titusville, Florida 32796 File # G The n3ersigned Own consideration er(s) Of the receipt whereof of Ten Dollars premrses herein described JOSEpy is hereb (510.00) and other"Gcantor"), for and P833 Oak 80 0 gh un AND AYi a L. Ge reb Sgrant°Od land vldaluabl consideration, Purposes ingress and°e9ress e' Indiana 468 and and vile,Con eY to THE WEST 20 FE for the followi� an exclusivevhose address is: AS R�RDED IN PLAT ET OF LOT ll, ti 9 described pro easement for the EFIT OF F. RECOIDS LOT OFOR T"E �BREVARp Itn COWTY 3 BLOCK 72, OAVOt� IDA.y T1iEC5 ���DBREVTO THE PLAT THERmF PLAT BOOK 3ARD , PACE 17, Y FLORIDA, L/ PUBLIC .-• .'vis= .. -.. �r33 1 J Wi ness 2 STATE OF FLCRIDA CC(jNTY OF BREVARD �a P O '-7 to ae well iE ME Persona 11Y a � n the forknown pcear co 0 for the ng inst[umen[� to me toJ r A. AND JERRE �; -14 pucpose9 and the individuals L husband therein ex acedowl �n : T Pressed• edged before me that and wife, WlT<'1E55 t and they execu ed wnO executed nR hand and official seal Thla notar the same Y !s only for John A. V BCis )tet= day of Ha 1991. (•:�Yf�nisa{yires. _� AR PUBLIC 0.4 N TIMOTHY J. MORIARTY and DENISE MORIARTY, Plaintiffs, vs. IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA Case No. 05 -1999 -CA -48842 Judge George W. Maxwell III RONALD KISTER, SR., KATHLEEN KISTER, and TIDES INN COND -, JM ASSOCIATION, INC., Defendants, FINAL JUDGMENT This matter having come before the Court upon the Settlement Agreement and Stipulation for Judgment ("Stipulation") of Plaintiff, TIMOTHY J. MORIARTY and DENISE MORIARTY and Defendants, RONALD KISTER, SR., KATHLEEN KISTER, and TIDES INN CONDOMINIUM ASSOCIATION, INC., and the Court having considered said Stipulation, pleadings, and all other matters of record in this action, finds it has jurisdiction over the parties and subject matter and that, it is HEREBY ORDERED and ADJUDGED as follows: 1. That all recording references cited in this Final Judgment are to the public records of Brevard County, Florida, and all lots in Avon By the Sea Subdivision referenced in this Judgment are according to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public Records of Brevard County, Florida. (Page 1 of 8) 0 2. That all written instruments referred to in this Final Judgment and identified by recording references are expressly incorporated and made part of this judgment as fully and completely as if set forth herein in full. 3. That Plaintiffs, TIMOTHY J. MORIARTY and DENISE MORIARTY, are owners of Lot 13 ("Lot 13 Owners") and certain additional lands being the dominant estate under a grant of an express easement for ingress and egress over the west 20 feet of Lot 12 and Lot 11. The dominant estate and the easement incidental thereto ("Lot 13 Parcel") owned by the Lot 13 Owners is legally described as follows: Lot 13, Block 72, Avon by The Sea, according to the Plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida, and that portion of "Ocean Blvd." now vacated and lying East of said Lot 13; together with that portion of the East %z of vacated alley lying West of said Lot 13; together with that portion of the area known as Cocoa Beach, as shown on said Plat of Avon By the Sea, that lies East of said vacated "Ocean Blvd." and West of the mean high water line of the Atlantic Ocean, said parcel being bounded by the prolongation Easterly and Westerly of the North and South lines of said Lot 13; together with an easement across the West 20 feet of Lot 12, Block 72 of said Avon By the Sea, for purposes of Ingress and Egress, together with an easement across the West 20 feet of Lot 11, Block 72, Avon By the Sea, for purposes of Ingress and Egress, together with all riparian and littoral rights belonging thereto. 4. That Defendants, RONALD KISTER, SR., AND KATHLEEN KISTER, are owners of Lot 12 ("Lot 12 Owners") and additional lands ("Lot 12 Parcel") being a servient estate subject to an easement over the west 20 feet of Lot 12. The Lot 12 Parcel is legally described as follows: (Page 2 of 8) IV Lot 12, Block 72, Avon By The Sea, according to the Plat thereof as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida and that portion of "Ocean Blvd" now vacated and lying east of the lot above described, together with the East %2 of the vacated alley lies West of said Lot 12. Subject to an easement across the West 20 feet of Lot 12, Block 72 for purposes of ingress and egress. Ingress and Egress Easement over Lot 11, Block 72, reserved for Lots 12 and 13, Block 72, as recorded in Official Records Book 2336, Page 0856. 5. That Defendant, TIDES INN CONDOMINIUM ASSOCIATION, INC., is the owner of Lot 11 ("Lot 11 Owner") and additional lands ("Lot 11 Parcel") being a servient estate subject to an easement over the west 20 feet of Lot 11. The Lot 11 Parcel is legally described as follows: Lot 11, Block 72, Avon By The Sea, according to the Plat thereof as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida and that portion of "Ocean Blvd." now vacated and lying East of the lot above described. Grantor reserves an easement for ingress and egress across the West 20 feet of the property herein conveyed for the benefit of Lots 12 and 13, Block 72, Avon By The Sea, Plat Book 3, Page 7. 6. That the grant or reservation of easement created under Warranty Deed, dated October 29, 1981, recorded in Official Records Book 2336, Page 0857, and the Warranty Deed dated November 2, 1981, recorded in Official Records Book 2336, at Page 0856, all of the Public Records of Brevard County, Florida, is hereby recognized by Lot 11 Owner, Lot 12 Owners and Lot 13 Owners, as establishing a valid and effective perpetual and exclusive easement for the benefit to and a covenant running with the Lot 13 Parcel, over the west 20 feet (Page 3 of 8) 0 of Lot 11 and Lot 12, for the purpose of ingress and egress (the "Original Easement '). The parties have, by their mutual agreement, agreed to vacate the Original Easement and grant the "Revised Easement" as described in Paragraph 7 below. The parties agree and the Court enters its declaratory Judgment that any other documents recorded, or otherwise which would purport to create a 20 -foot easement, across the west 20 feet of Lots 11 and 12, are null and void and of no effect. 7. That the Court hereby enters its declaratory judgment determining and declaring that the grant or reservation of Revised Easement described in this Paragraph 7 of this Final Judgment is legally binding upon the Lot 11 Owner and Lot 12 Owners as establishing a valid and effective perpetual and exclusive easement, for the benefit to and a covenant running with the Lot 12 Parcel and the Lot 13 Parcel. The Court further declares that the Original Easement is hereby vacated and abandoned and is of no further force and effect as to Lots 11, 12 or 13. That the Revised Easement is located over the property legally described as follows: An easement over and across the West 16 feet of Lot 11, Block 72, Avon By the Sea, according to the plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida, and the East 6 feet of the vacated alley lying West of and adjacent to said Lot 11, Block 72. and An easement over and across the westerly end of Lot 12, Block 72, Avon By the Sea, according to the plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County, Florida, having a right angle width at the North line of 16 feet and a right angle width at the South line of Lot 12 of 22 feet, together with the East 6 feet of the vacated alley lying West of and adjacent to said Lot 12, Block 72. (Page 4 of 8) VJ The easement described in this Paragraph is hereinafter referred to as the "Revised Easement', and such determination is binding upon all parties, their heirs, successors and assigns forever. 8. That the Lot 11 Owner and Lot 12 Owners are hereby permanently enjoined from violating, blocking or obstructing the Revised Easement or the right of way of Lincoln Avenue. The Court reserves jurisdiction over the parties for enforcement of this Final Judgment. 9. That Lot 11 Owner, Lot 12 Owners and Lot 13 Owners shall designate the Revised Easement and right of way of Lincoln Avenue as a "tow -away zone" and continuously maintain a minimum of three signs along the boundary of the Revised Easement area and right of way of Lincoln Avenue, in compliance with Florida Statutes, Section 715.07, 1999. The parties authorize the then owner of Lot 13 Parcel as a designated representative pursuant to Florida Statutes, Section 715.07(2), 1999, authorized to cause any vehicle parked in the Revised Easement area or right of way of Lincoln Avenue to be removed in accordance with the Statute, regardless of ownership of the vehicle. Owners of Lot 11 and Lot 12 are also authorized as designated representatives, pursuant to Florida Statutes 715.07(2) 1999, authorized to cause any vehicle parked in the Revised Easement area or right of way of Lincoln Avenue to be removed in accordance with the Statute, regardless of ownership of the vehicle. 10. The Revised Easement and right of way for Lincoln Avenue will be kept free of all obstructions, all nuisance, litter, debris, etc., and any other conditions which could limit free access for emergency vehicles. (Page 5 of 8) Il. That the Lot 11 Owner and Lot 12 Owners shall promptly trim all trees, bushes, shrubs and other vegetation to keep the Revised Easement area and right-of-way unobstructed. Lot 13 Owners will not cut trees, bushes, shrubs or other vegetation on the Lot 11 Parcel or the Lot 12 Parcel without further order from this Court. 12. That Lot 11 Owner, Lot 12 Owners and Lot 13 Owners agree not to initiate any complaints to the City of Cape Canaveral for any conditions governed by the Settlement Agreement and Stipulation for Judgment or this Final Judgment. In the event there are alterations to the existing improvements or new conditions develop, such future violations may be reported as code violations if not resolved under the dispute resolution provisions contained in the following paragraph. 13. That, if Lot 11 Owner, Lot 12 Owners or Lot 13 Owners violate the terms of this Final Judgment (other than parked vehicles, which shall be towed), any party can impose and collect a monetary penalty of $100.00 for the first violation and $500.00 for a second violation of the same offense. Prior to pursuing a violation, any party shall provide written notice by certified mail, hand delivery or process server, to the owner of the lot upon which the alleged violation is located, describing the nature of the violation and demanding that it be cured within five (5) days from the date notice is given. The parties can enforce this provision by the Court's contempt powers, or other additional enforcement action. In the event of a claimed violation of this Agreement and application to the Court, the prevailing party shall collect his, it or their reasonable attorneys' fees and costs from the party found to be in violation of the Final (Page 6 of 8) EMN Judgment. The Court hereby reserves jurisdiction over the parties for enforcement of this Final Judgment. _ \ 14. The parties have agreed, as to between the parties, that the 12 -foot alley has been vacated, however, there is some question in the public records, as to whether the alley has been formally vacated by the City of Cape Canaveral. Therefore, the parties are ordered to cooperate with one another in obtaining satisfactory evidence from the City of Cape Canaveral, in recordable form, which would demonstrate that the alley is vacated. The form of action may involve filing a petition to vacate the alley, and in that event all parties shall join in such petition and bear any administrative cost, including publication fees and recording fees, for such action. Any vacation of the alley shall be expressly conditioned upon the Revised Easement being established over the East 6 feet of the alley. 15. That Count II of the Plaintiffs' Complaint and the Counterclaim filed by Defendants in this matter are hereby dismissed with prejudice. 16. That except as set forth specifically in this Final Judgment, each party shall bear their own attorney fees and costs in connection with this matter with the Court specifically reserving jurisdiction to award the monetary penalty and attorney fees and costs upon proof of future violations of this Final Judgment or injunction issued by this Court. ORDERED AND ADJUDGED in chambers, Moore Justice Center, Viera, 9/1 Brevard County, Florida, this day of � i�,, 2002. �J Circuit Court Judge ORIGINAL SIGNED BY GEQRGE W. MAXWELL III CIRCUIT JUDGE ��4. Co��,� (Page 7 of 8) STATE OF FLORIDA CC-:;;., "y OF BREVARD I HEREBY CERTIFY ttwk !'I( abovo aW Is true COPY Of the orVn iSCM�� •'ju '•''••.. ,fi`''r T QLLS * , k may* C ►aaiai Conformed copies to: JOHN B. SHOEMAKER, ESQ. JASON HEDMAN, ESQ. FAMDOC\32730-JUDGMENT (Page 8 of 8) Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Discussion Item 15 No. 5. New Community Center & City Hall Campus Site Improvements 1,969,000 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: INFRASTRUCTURE SALES SURTAX PROJECT LIST DEPT./DIVISION: LEGISLATIVE Requested Action: City Council review and/or amend the infrastructure sales surtax project list. 1. New Fire Department Building $ 1,100,000 2. New Police Department Building (includes land acquisition) 1,143,000 3. New Public Works Buildings 1,172,880 4. Renovation of City Hall and Annex 605,000 5. New Community Center & City Hall Campus Site Improvements 1,969,000 6. Land Acquisition/Development of Recreation Areas 4,810,120 TOTAL 510.800.000 Summary Explanation & Background: If the tax is approved this November, the City would receive approximately $540,000 per year for 20 years totaling $10,800,000. The city engineer provided cost estimates on the facility improvements that were discussed at our goal and objective meeting. Once the project list is finalized, it will be submitted to the county and staff will start a public education campaign to inform our residents. Please advise. Exhibits Attached: Sales Surtax Information; SSA Facility Cost Estimates City M g s Office LEGISLATIVE c kim\m do um s admin\council7meeting\2003\09-02-03\surtax.doc MAN mc O z Infrastructure Sales Surtax Fact Sheet What Is It? A one penny sales tax per dollar spent for purchases up to $ 5000. To provide capital infrastructure needed in a community. Tourists pay approximately 25% of the sales tax proceeds. Basic items such as most groceries, medicines, services, and apartment rent are not subject to the sales tax. What Is The Proposed Term Of The Tax? 20 years beginning January 1, 2004. How Will The Money Be Distributed In Brevard? • One third of the revenue will go to the School system projects. • One third of the revenue will be divided among Brevard's Cities and Towns. • One third of the revenue will go to the County Government projects. All of the money will be used in Brevard. How Much Money Will Be Received? • One third of the proceeds equates to $18 million the first year. How Will The Money Be Used? • School facilities and equipment • Police and Public Safety improvements • Community projects • Transportation improvements Environmental improvements • Technology enhancements A Projects Catalogue is available Will There Be Accountability On How The Money Is Spent? • A Citizens Oversight Committee will be established to assure the money is being spent as promised. What Other Counties In Florida Have This Sales Tax? • 45 Counties in Florida have this sales tax. 13 have an optional Schools Sales Tax. • Volusia, Indian River, Osceola, and Seminole Counties, which surround Brevard, have the Sales Surtax; while Orange has a half -penny Schools Sales Tax and will soon be voting on another half=penny Sales Surtax. How Much Will It Cost Me? • $1.80 per average household per week. • $ 7.75 per average household per month. When Is The Referendum? November 4, 2003 August 20, 2003 Mr. Bennett Boucher City Manager SSA City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral, Florida 32920-0326 Re: Public Works Preliminary Construction Budget Dear Mr. Boucher, As per your request, Stottler Stagg & Associates is pleased to submit a preliminary construction budget for the above referenced project. Please note that this estimate is based on construction costs only and excludes owner project costs such as design & engineering fees, furniture/equipment , signage or any other owner required total project costs. ADDITION TO EXISTING ADMINISTRATION BUILDING Building addition 1025 sq. ft @ $80.00/sq. ft. $82,000 Associated site improvements: Allowance $50,000 Preliminary Construction Budget $132,000 +Proposed 10% Design/construction contingency $13,200 Proposed Preliminary Construction Cost Budget $145,200 NEW PUBLIC WORKS FACILITY (Pre-enaineered metal buildin (per SSA 7/01/03 program) Base Building 12,230 sq. ft @ $60.00/sq. ft. $773,800 Mezzanine Storage Area 2,000 sq ft @ $20.00/sq.ft. $ 40,000 Associated site improvements: Allowance $125,000 Preliminary Construction Budget $938,800 +Proposed 10% Design/construction contingency $93,880 Proposed Preliminary Construction Cost Budget $1,027,680 Proposed Construction Cost Budget (Total Project) ADDITION TO EXISTING ADMINISTRATION BUILDING $ 145,200 NEW PUBLIC WORKS FACILITY $1,027,680 TOTAL PROJECT PRELIMINARY CONSTRUCTION BUDGET= $1,172,880 Please feel free to contact me directly if you have any questions or comments regarding this proposed preliminary construction budget. Sincerely, Dennis R. Dills AIA Cc: file SI'O'ITLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. CORPORATE OFFICE: 8680 North Atlantic Avenue P.O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065 501B East Oak Street Kissimmee, Florida 34744 Tel: 407-935-0649 Fax: 407-935-0685 EMAIL: ssaoseeola®stottlerstagg.com Lic. #AAC000329 #EB0000762 #LB0006700 SSA August 20, 2003 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral , Florida 32920-0326 Re: New Fire Department Building Preliminary Construction Budget Dear Mr. Boucher, As per your request, Stottler Stagg & Associates is pleased to submit a preliminary construction budget for the above referenced project. Please note that this estimate is based on construction costs only and excludes owner project costs such as design & engineering fees, furniture/equipment , signage or any other owner required total project costs. NEW S ERtIFF DEPARTMENT BUILDING (Per SSA 6/30/03 program)- New Building (11,610 sq.ft-2600 sq.ft of existing high bay area to be reused=9,010 sq. ft. of new building addition required.) New building addition to exist. high bays: 9,010 sq ft @$80.00/sq. ft. $720,800 Associated site improvements: Allowance $200,000 Demolition of existing facility Allowance $ 80,000 Preliminary Construction Budget $1,000,000 +Proposed 10% Design/construction contingency $ 100,000 Proposed Preliminary Construction Cost Budget $1,100,000 Please feel free to contact me directly if you have any questions or comments regarding this proposed preliminary construction budget. Sincerely, Dennis R. Dills AIA Cc: file STO'ITLER SI'AGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783.1320 Fax 321-783.7065 501B East Oak Street Kissimmee, Florida 34744 Tel: 407-9350649 Fax: 407-9354)685 EMAIL: ssaosceola®stotderstagg.com Lic. #AAC000329 #EB0000762 #LB0006700 August 20, 2003 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral , Florida 32920-0326 Re: New City Hall Campus Site Preliminary Construction Budget Dear Mr. Boucher, SSA As per your request, Stottler Stagg & Associates is pleased to submit a preliminary construction budget for the above referenced project. Please note that this estimate is based on construction costs only and excludes owner project costs such as design & engineering fees, furniture/equipment , signage or any other owner required total project costs. NEW COMMUNITY CENTER BUILDING New building 8,000 sq ft @$80.00/sq. ft. $640,000 (Building sized to accommodate basketball courts - space to be a multi use facility with warming kitchen) Associated site improvements: Allowance (Community Center only) $ 50,000 NEW GAZEBO TYPE STRUCTURE Structure Allowance $100,000 PROJECT SITE IMPROVEMENTS Street closings & utility relocations Allowance $250,000 Landscaping & Paver Systems Allowance $150,000 General site improvements Allowance $200,000 New water feature(s) Allowance $150,000 New signage/ clocktower or campanile type structure Allowance $250,000 Preliminary Construction Budget $1,790,000 + 10% Design/Construction contingency $ 179,000 Total Recommended Preliminary Construction Budget $1,969,000 Please feel free to contact me directly if you have any questions or comments regarding this proposed preliminary construction budget. Sincerely, Dennis R. Dills AIA Cc: &=R STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 501B East Oak Street Kissimmee, Florida 34744 Tel: 407-9350649 Fax: 407-935-0685 EMAIL: ssaosceola®stotderstagg.com Lic. #AAC000329 #EB0000762 #LB0006700 SSA August 20, 2003 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral , Florida 32920-0326 Re: City Hall & Annex Preliminary Construction Budget Dear Mr. Boucher, As per your request, Stottler Stagg & Associates is pleased to submit a preliminary construction budget for the above referenced project. Please note that this estimate is based on construction costs only and excludes owner project costs such as design & engineering fees, furniture/equipment , signage or any other owner required total project costs. Renovation of existing facilities: 8000 sq. ft @ $50.00/sq. ft. $400,000 Exterior facade renovation: Allowance $100,000 Associated site improvements: Allowance $50,000 Preliminary Construction Budget $550,000 Proposed Design/Construction Contingency (10%) $55,000 Proposed Construction Cost Budget $605,000 Please feel free to contact me directly if you have any questions or comments regarding this proposed preliminary construction budget. Sincerely, Dennis R. Dills AIA Cc: file STOTTLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783.7065 501B East Oak Street Kissimmee, Florida 34744 Tel: 407-935-0649 Fax: 407-935-0685 EMAIL: ssaosceola@stottlerstagg.com Lic. #AAC000329 #E130000762 #LB0006700 SSA August 20, 2003 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue PO Box 326 Cape Canaveral, Florida 32920-0326 Re: New Sheriff Building Preliminary Construction Budget Dear Mr. Boucher, As per your request, Stottler Stagg & Associates is pleased to submit a preliminary construction budget for the above referenced project. Please note that this estimate is based on construction costs only and excludes owner project costs such as design & engineering fees, furniture/equipment , signage or any other owner required total project costs. NEW SHERIFF DEPARTMENT BUILDING New Building 6,000 sq. ft @ $80.00/sq. ft. $480,000 Associated site improvements: Allowance $150,000 Preliminary Construction Budget $630,000 +Proposed 10% Design/construction contingency $63,000 Proposed Preliminary Construction Cost Budget $693,000 +Land Acquisition Cost $450,000 TOTAL RECOMMENDED BUDGET (Building, Site and land) $1,143,000 Please feel free to contact me directly if you have any questions or comments regarding this proposed preliminary construction budget. Sincerely, Dennis R. Dills AIA Cc: file SFOTTLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783.1320 Fax 321-783-7065 501B East Oak Street Kissimmee, Florida 34744 Tel: 407.935-0649 Fax: 407-935-0685 EMAIL: ssaosceola®stottlerstagg.com Lic. #AAC000329 #E130000762 #LB0006700 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Discussion Item 16 No. If City Council concurs, this item will be sent to the Planning & Zoning Board for review and recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RESIDENTIAL PLANNED UNIT DEVELOPMENTS DEPT./DIVISION: LEGISLATIVE Requested Action: Councilmember James Morgan is requesting the City Council consider amending Code Section 110-436, the minimum size for a residential planned unit development, from (10) acres to (5) acres. Summary Explanation & Background: See attached Code Section No. 110-436. If City Council concurs, this item will be sent to the Planning & Zoning Board for review and recommendation. Discussion item only. Exhibits Attached: CityMan Office Department LEGISLATIVE cap m\mydo omen in\council\mee g\2003\09-02-03\rpud.doc § 110-423 CAPE CANAVERAL CODE of the city, and the approval shall be- come a binding condition on the use of the land encompassed by the approved site plan under the applicable residen- tial planned unit development zone. c. Upon approval of the final development plan, the developer may sell or transfer any separately identified parcel or tract of land within the boundaries of the final development plan not designated as common open space or areas speci- fied for the use of all owners within the residential planned unit development. (Code 1981, § 640.15) Secs. 110-424-110.435. Reserved. DIVISION 3. LAND USE REGULATIONS Sec. 110-436. Minimum size. The minimum size for a residential planned unit development shall be ten acres.' (Code 1981, § 640.09(A)) Sec. 110.437. Maximum density. (a) The average density permitted in each res- idential planned unit development shall be estab- lished by the city council, upon recommendation of the planning and zoning board. The criteria for establishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics and the recommended density of any land use involving the area in question. In no case shall maximum density permitted exceed 15 dwelling units per acre, and in no case shall the overall number of dwelling units permitted in the residential planned unit development be inordinately allo- cated to any particular portion of the total site area. (b) If a developer elects to develop the property in stages, the cumulative density with each sub- sequent stage must be approximately the same as the overall density approved for the entire project, in that such cumulative density shall not vary upward more than two units per acre and that upon completion of all stages the final density shall be equal to the density approved in the pre- liminary development plan. (Code 1981, § 640.09(B)) Sec. 110.438. Minimum common recreation and open space. (a) As used in this section, the term "common recreation and open space" means the total amount of improved usable area, including out- door space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the residential planned unit development. (b) Twenty-five percent of the gross site acreage shall be delineated as tracts for common recre- ation and open space. (c) Common open space shall be integrated throughout the residential planned unit develop- ment to provide for a linked recreational and open space system. Such usable space may be in the form of active or passive recreation areas, in- cluding but not limited to: playgrounds, golf courses, beach frontage, nature trails and lakes. Common open space shall be improved to the ex- tent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoyment of the residents of the residential planned unit develop- ment. Easements, parking areas, perimeter set- back areas, road rights-of-way and minimum yards and minimum spacings between dwelling units may not be included in determining open space. Perimeter setback areas may be included as open space if improvements such as bikeways and pe- destrianways are provided. Water bodies may be used to partially fulfill common open space re- quirements; calculations for such may not exceed 50 percent of the required open space. The exclu- sion of water bodies which are in whole or part drainage easements may be waived by the city council after adequate measures are provided which guarantee in perpetuity a level of water quality acceptable for recreational purposes. Pri- vate navigable canals shall not be utilized in ful- filling the common open space requirement. If golf courses are used to partially fulfill common open space requirements, calculations for such may not exceed 60 percent of the required open space. CD110:56 ZONING Where a golf course is utilized to partially fulfill the open space requirement,. other facilities to meet the active residential needs of children and adults shall be provided. All water areas included as part of the open space requirement shall be permanent water bodies and shall be improved with 3:1 min- imum sloped edge extending at least 20 feet into the water areas and planted with grass and main- tained around all sides so as not to harbor mos- quitoes, insects and rodents, unless it is deter- mined by an environmental review of the water body that such slope or improvements would be detrimental to the ecology of such water body site. (Code 1951, § 640.09(C)) Sec. 110.439. Minimum lot area; frontage; set- backs; accessory uses. (a) The minimum lot size for a detached single- family structure in the residential planned unit development shall be an area not less than 6,000 square feet and having a width of not less than 60 feet. The minimum lot size may be waived by the city council if the proposed lots all have substan- tial relationship to the common open space (e.g., directly adjacent or abut a common open space area) and the arrangement of dwelling units pro- vides for adequate separation of units and the living area of the dwelling units is properly re- lated to the configuration of the proposed lots. All lots to be platted at less than 7,500 square feet shall have the location of structures set forth on the final development plan. (b) Each dwelling unit or other permitted use shall have access to a public street either directly or indirectly via paved road, pedestrianway, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedi- cated road. The city shall be allowed access on privately owned roads, easements and common open space to ensure the police and fire protection of the area to meet emergency needs, to conduct city services and to generally ensure the health and safety of the residents of the residential planned unit development. (c) Minimum distances between structures and setbacks shall be as follows: (1) For a single-family detached structure, the structure shall set back not less than eight § 110.439 feet from the side lot lines and not less than 15 feet from the rear lot line. On a corner lot, the side street setback shall be not less than 25 feet. The city council may, upon recommendation of planning and zoning board, reduce the required side setbacks and the distances between structures, provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot, to provide the usage of zero lot line ap- plication and other innovative building techniques. (2) Between structures of two stories or less, 15 feet. (3) Between structures of three stories, 20 feet. (4) Between structures of four stories, 25 feet. (5) Between structures over four stories, five feet for each additional story. (6) Between structures of varying heights, the larger distance separation shall be required. Buildings shall not exceed the maximum height allowed in the zoning district in which they are constructed. (d) Setbacks required between the nearest part of any building wall and the edge of any public right-of-way or private street pavement shall be 25 feet, unless waived by the city council based on the recommendation of the planning and zoning board. A minimum 25 -foot setback shall be main- tained between the walls of all structures and the property line along the perimeter of the residen- tial planned unit development, unless waived by the city council. (e) On property bordering the ocean, a min- imum of 25 percent of the frontage shall be left open as breezeway. M On property bordering the ocean, all struc- tures shall be set back at least 50 feet from the bluff line or vegetation line, whichever is greater, provided such setback is also subject to the coastal setback line established by the state department of environmental protection. On all property bor- dering other major waterways, all structures shall CD110:57 § 110-439 CAPE CANAVERAL CODE be setback at least 25 feet from the established shoreline. This setback shall be free of all uses. (Code 1981, § 640.09(D)) Sec. 110.440. Maximum length of structures. In a residential planned unit development, the maximum length of a structure shall be 185 feet, unless an excess is specifically authorized by the city council, as recommended by the planning and zoning board. (Code 1981, § 640.09(E)) Sec. 110-441. Minimum floor area. In a residential planned unit development, the minimum floor area per unit shall be as follows: (1) Single-family dwellings, attached or de- tached, unless waived by city council, 1, 100 square feet. (2) Duplex, 750 square feet. (3) Multi -family dwellings: a. Efficiency, 450 square feet. b. One bedroom, 650 square feet. c. Two bedrooms, 750 square feet. d. Three bedrooms, 950 square feet. (Code 1981, § 640.09(F)) Sec. 110-442. Offstreet parldug. In a residential planned unit development, off- street parking shall be provided as follows: (1) For primary residential uses, a minimum of three parking spaces per dwelling unit shall be provided, unless a reduction in parking is specifically authorized by the city council as recommended by the planning and zoning board. Each space must contain at least 200 square feet of area and shall be convenient to residential use. Parking areas shall not be separated from associated struc- tures by any public right-of-way. Parking areas shall be landscaped in accordance with section 110-567. (2) Where the residential planned unit devel- opment consists of single-family detached dwellings on platted lots of less than 6,600 square feet, the developer may be required to provide an approved designated common area for the parking of campers, travel trailers, recreational trailers and vehicles, boats and boat trailers and other similar vehicles. (Code 1981, § 640.09(G)) Sec. 110-443. Underground utilities. (a) Within the residential planned unit devel- opment, all utilities, including telephone, televi- sion cable and electrical systems, shall be installed underground. Primary facilities providing service to the site of the residential planned unit devel- opment may be exempted from this subsection. Large transformers shall be placed on the ground and shall be contained within pad mounts, enclo- sures or vaults. (b) The developer must provide landscaping with shrubs and plants to screen all utility facil- ities permitted above ground. The planning and zoning board may require that substations be screened by trees and shrubs or walls resembling a structure which is compatible with the design of the buildings within the residential planned unit development. (Code 1981, § 640.09(H)) Sec. 110.444. Development standards. The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utili- ties and drainage in the residential planned unit development shall be in compliance with the re- quirements of this chapter and chapter 82 per- taining to buildings. Design requirements with respect to streets, sidewalks and drainage may be waived by the city council upon the recommenda- tion of the planning and zoning board. (Code 1981, § 640.09(I)) Sec. 110.445. Preservation of trees. Within the residential planned unit develop- ment, trees shall be preserved in accordance with section 102-36 et seq. (Code 1981, § 640.090) Secs. 110-446-110-465. Reserved. CD110:58 Meeting Type: Regular Meeting Date 09-02-03 AGENDA Heading Discussion Item 17 No. 2. Look into zoning; have firework outlets zoned in industrial areas. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: COUNTY FIREWORKS REGULATION DEPT./DIVISION: LEGISLATION Requested Action: City Council formulate recommendations to forward to County Commissioner Ron Pritchard who has formed a work group to review recommendations for the countywide regulation of fireworks. Summary Explanation & Background: - The work group met for the first time on 08-13-03. Actions items are: 1. Define/declare fireworks as high hazard material. 2. Look into zoning; have firework outlets zoned in industrial areas. 3. Evaluate the requirement for fire suppression systems. 4. Utilize the City of Orlando fireworks ordinance as a basis for a countywide fireworks code. The group will meet on 09-17-03 to review and evaluate materials. Exhibits Attached: Ordinances from Orlando, Polk County and Cocoa Beach City Man r' ff Department LEGISLATIVE c im\ do admin\council\meeting\2003\09-02-03\fireworks.doc LivePublish Back I Print Pagel of 3 Previous I Next Sec. 24.22. Sale and Purchase of Fireworks. (a) Definitions. (1) "Seller" means any person, corporation, firm, or co -partnership engaged in the business of selling fireworks. "Seller" shall also include "Manufacturer," "Retailer," "Seasonal Retailer," "Wholesaler," and "Distributor" as defined in Chapter 791, Florida Statutes, as amended. (2) "Fireworks" as used herein shall have the same definition as used in Chapter 791, Florida Statutes, as amended; provided, however, that this Section shall not apply to the sale of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports. (b) When selling fireworks pursuant to an exception or exemption set forth in Florida Statutes, Section 791.02, 791.04, or 791.07, the seller of fireworks shall require the purchaser to produce a photo identification or such other documents as are needed to establish the identity of the purchaser. Additionally, the seller shall document and record for each sale: (1) the name, home address, and home telephone number of the purchaser; (2) a detailed description of the documents reviewed to establish the identification of the purchaser, (3) the date of the purchase or sale; (4) the name and home address of the salesperson making the sale; (5) the specific nature of the use which qualified for the exception or exemption relied upon (i.e. "a sale at wholesale", "a sale to be shipped directly out-of-state", etc.); (6) the manufacturer's label name and the quantity for each firework sold; and (7) the proof reviewed by the seller to establish the exception or exemption applied to that sale, which shall at a minimum contain the following information: (A) If the sale is at wholesale between manufacturers, distributors, and wholesalers who have registered with the Division of the State Fire Marshall of the Department of Insurance prior to consummating the sale, the seller shall review the actual permit or certificate issued to the purchaser by the State Fire Marshal, record its number and date of issuance, and retain a photocopy of such permit or certificate for inspection pursuant to § 24.22(c). (13) If the sale is for fireworks that are to be shipped directly out- of-state by the seller, the seller shall record the name, address, and telephone number of the common carrier who will make the delivery and the date said fireworks were delivered to that common carrier by the seller. (C) If the sale of fireworks is to a person holding a permit from any board of county commissioners or governing body of any municipality in the State of Florida prior to consummating the sale, the seller shall review the actual permit; and record the date of the Mm http://livepublish.municode.com/7llpext.dlllInfobase 17/ 1 /1 bdc/1 d41 ?f—templates&fn=altm... 7/24/2003 LivePublish Page 2 of 3 permit, the permit number, and the identity of the governing body issuing the permit; and retain a photocopy of the permit for inspection pursuant to § 24.22(c). (D) If the sale is for the use solely and exclusively in frightening birds from agricultural works or fish hatcheries to a person who has previously filed a statement in writing, with the Sheriff of the county in which the person is engaged in agricultural works or the operation of a fish hatchery, which statement complies with the rules of the Department of Agriculture and Consumer Services, the seller shall prior to consummating the sale review an actual copy of said statement; record the date of the statement, the address of the agricultural use or fish hatchery, and the identity of the Sheriff with whom the statement was filed; and retain a photocopy of the statement for inspection pursuant to § 24.22(c). (E) If the sale is to a proposed purchaser who does not comply with subparagraphs 7(A) or 7(B) above, or does not hold a permit or statement as described in subparagraphs 7(C) or 7(D) above, then the purchaser shall obtain a permit issued by the City of Orlando establishing that the purchaser qualifies for an exemption under Florida Statutes 791.02, 791.04, or 791.07, and the seller shall review and photocopy the permit; record the date of the permit and the permit number, and retain a photocopy of the permit for inspection pursuant to § 24.22(c). (c) The information required to be photocopied or recorded in sub -section (b) above shall be available for review, inspection, numbering, and/or copying by the City or its agent at the location where the fireworks are being sold during the period that fireworks are being sold. Additionally, said information shall be retained by the seller for a period of one year from the date of sale, and if requested by the City or its agent, shall be produced for review, inspection, numbering, and/or copying at City Hall during normal business hours. The request of the City or its agent shall be in writing and served upon the seller by certified mail, return receipt requested, or by hand delivery to the seller at the last known address of such seller. The seller shall produce the requested information to the City or its agent within five (5) business days after receipt of the written request. (d) Any person, corporation, firm, or co -partnership purchasing fireworks pursuant to Chapter 791, Fla. Stat., shall, upon request, provide to any law enforcement officer or code enforcement officer proof of his/her exempt status, as required herein. (e) Any law enforcement officer or code enforcement officer may seize any fireworks from any purchaser who at the site of the sale refuses to or fails to provide proof of his/her exempt status as required herein. (f) It is unlawful for any seller, as defined herein, to sell fireworks without first obtaining, documenting and recording the information required to be recorded in sub -section 24.22(b) above. (g) It is unlawful for any seller of fireworks to fail to retain the information or records required to be recorded under this Section for a period of one year from the date of sale or to fail to make said information or records available for review, inspection, numbering, and copying as above provided. (h) It is unlawful for any seller of fireworks to fail to produce the information required to be recorded and retained under sub -section 24.22(b) and (c) above within the time limits prescribed herein after the written request of the City or its agent. M, http://livepublish.municode.coml7/lpext.dlllInfobasel7/1 /lbdc/1 d41?f=templates&fn=altm... 7/24/2003 LivePublish Page 3 of 3 (i) It is unlawful for any person, corporation, firm, or co -partnership to misrepresent, misstate, or falsify a statutory exemption under Chapter 791, Florida Statutes for the purpose of inducing a sale of fireworks. (j) Penalties. (1) Each violation of this Section shall constitute a separate offense punishable as provided in Section 1.08 of the City Code. (2) In addition to the penalties set forth in Paragraph 24.220)(1) above, Sections 24.22(d) and (i) may be enforceable through the use of code enforcement citations as described in Chapter 5 of this Code. (k) Permits reflecting that a person meets the requirements for an exemption under Florida Statute 791 may be obtained from the City from its Orlando Fire Department by providing to said Department such information as may be reasonably required to establish that said person qualifies for said exemption. A permit may be valid for up to twelve (12) months from its date of issuance. There shall be no charge for said permit. (1) The Orlando Fire Department shall either issue a permit or deny a request for a permit as soon as is reasonably practical, but in no event later than three business days of receiving a request for a permit and its supporting information. If an applicant is dissatisfied with the decision of the Orlando Fire Department, the applicant may appeal to the City of Orlando's Chief Administrative Officer (CAO) and the CAO shall render a written decision within five (5) days of receiving the appeal. An applicant wishing to appeal the decision of the CAO may file a request for immediate judicial review with the court having jurisdiction thereof, or in the alternative, may file an appeal to the City Council within five (5) days after receipt of the notice of denial by filing a written notice with the CAO with a copy delivered to the City Clerk, and such appeal shall be considered at the next regularly -scheduled City Council meeting. An applicant wishing to appeal the decision of City Council may file a request for immediate judicial appeal with the court having jurisdiction thereof. (Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 12-18-2001, § 1, Doc. #011217705; Ord. of 12-2-2002, Doc. #021202704) A3 http://livepublish.municode.coml7llpext.dllgnfobase 17/ 1/1 bdc11 d4l ?f--templates&fn=altm... 7/24/2003 LivePublish Back I Print Sec. 24.29. Addition to NFPA 1, Chapter 16 Fireworks, Model Rocketry, Explosives. NFPA 1, Chapter 16 is adopted in its entirety with the following additions. (a) Add to Section 16-1. Fireworks. (1) Except as permitted by Florida Statutes, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks; public displays conducted in accordance with NFPA 1123 shall be permitted when the operator is in possession of a valid permit issued by the City. Every such use or display shall be handled by a competent operator approved by the AHJ and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. (2) Applications for permits shall be made in writing at least fifteen (15) days in advance of the date of the display. After such privilege shall be granted, sale possession, use and/or distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. (b) Add to Section 16-2 and 16-3. Fireworks/Special Effects. (1) No person shall discharge any fireworks, as defined in this Code, without a permit. Such permit shall prescribe the explosive compounds or incendiary composition to be used and the amount per show. (2) Prior to the issuance of a permit for fireworks/special effects, the operator shall file application with the Fire Department, stating qualifications and other information as deemed necessary by the AHJ to certify that the operator is capable of safely discharging such fireworks as described to the satisfaction of the AHJ. (3) The location of the fireworksispecial effects display shall be specified as to street address, building designation and exact area within the building to assure that the proposed display can safely be discharged as approved. (4) No permit once issued may be transferred to another location nor to another operator, and any change in the information listed on the permit will necessitate the reapplication for a new permit; the previously -issued permit is then void. (5) At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one show date consumption. (6) No permit shall be issued until the show setup is approved by the AHJ or his designee prior to the first show. (7) No permit shall be issued unless the building listed as the .Z' 4 Pagel of 2 Previous I Next r �' -4 http://livepublish.municode.com/7/lpext.dll/lnfobasel 7/1 /l bdc/l dd 1?f=templates&fn=altm... 7/24/2003 LivePublish location of the display has had a current fire inspection and is in compliance with the Fire Prevention Code. (c) Add to Section 16-10.2 Permits. Permits are required in the City of Orlando as indicated on Section 24.16 (u) (11) of The Fire Prevention Code. (d) Add to Section 16-10-3. Structures where fireworks, as defined in Florida Statute 791, are housed, stored, or sold shall meet all of the following conditions: (1) Non-combustible construction (2) Free-standing building with a clear space on all four sides of at least 20 feet. (3) Protected by a supervised automatic sprinkler system designed for Extra Hazard or an ESFR system. (4) Protected by a fire alarm system initiated by pull stations and smoke detectors with appropriate notification appliances. (5) Protected by a smoke exhaust system initiated by smoke detectors throughout the building. (6) Sales area is limited to 5,000 sq. ft. Exception: Existing structures or stores currently permitted to house, store, or sell fireworks before the adoption of Sec. 24.29(d) may continue to house, store, or sell fireworks so long as conditions of the current permit continue to be satisfied. (Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 9-23-2002, § 2, Doc. #020923716) Page 2 of 2 http://livepublish.municode.com/7/lpext.dll/lnfobase 17/1/lbdc/1 ddl ?f=templates&fn=altm... 7/24/2003 BOCC COUNTY ATTORNEY 863 534 7654 POLK COUNTY ORDINANCE NO. 94- 34 AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF FIREWORKS; PROVIDING FOR DEFINITIONS; REGULATING THE STORAGE AND SALE OF SPARKLERS; PROHIBITING THE SALE OR USE OF FIREWORKS; REGULATING THE PUBLIC DISPLAY OF FIREWORKS; PROVIDING FOR SALE RECORDS AND RECEIPTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, many injuries to both persons and property occur each year as a result of improper use and illegal sale of fireworks being sold under the guise of being sparklers and, therefore, legal for consumer purchase and use; and WHEREAS, the improper use and illegal sale of items purporting to be lawful sparklers cause life and property threatening fires and fire hazards; and WHEREAS, it is deemed necessary to protect the lives and property of the people of Polk County, Florida, through regulatory measures designed and intended to reduce personal injury and property damage and minimize the possibility of fires and the creation of fire hazards; and WHEREAS, by the adoption of this Ordinance, it is the intention of the Board of County Commissioners of Polk County, Florida, to facilitate the enforcement of the statutory provisions of Chapter 791, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA; SECTION 1: Title. This ordinance shall be known as and may be cited as the Polk County Fireworks Ordinance. BOCC COUNTY ATTORNEY 063 534 7654 SECTION 2: Findings of.Fact. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 3: ADDl.icabiiitY. This Ordinance shall apply within all of the unincorporated areas of Polk County, Florida and all incorporated areas of the County to the extent that it does not conflict with a municipal ordinance or code. SECTION 4: De#injtions. I• Division - "Division" shall mean the Polk County Fire Services Division 2. As used herein, the terms "fireworks", " sparklers", "retailer", "wholesaler", "distributor", and "manufacturer" shall have the same meaning as specified in Section 791.01, Florida Statutes. SEC_ TION 5: Storage and Sale of Sparklers. 1. Sparklers shall be stored and/or sold in the unincorporated areas of Polk County in accordance with the Zoning Ordinance, the Fire Code, and all related fire prevention regulations, Polk County license laws, permits issued by the local fire official having jurisdiction, and all other state and local, laws. 2. All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshal pursuant to Section 791.015, Florida Statutes. 3. A retailer of sparklers shall be required to comply with the provisions of Section 791.02, Florida Statutes. -Z 7 BOCC COUNTY ATTORNEY 863 534 7654 SECTION 6: Prohibition Against Fireworks; Exceptions; Permits and Regulations. I. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale, sell at retail, use or explode any fireworks within Polk County, Florida. 2. Anyone person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and such other information as deemed necessary by the Division. 3. The purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and otherwise in compliance with Chapter 791, Florida Statutes. 4. The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. if the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded. 5. Any person, firm, partnership, or corporation who is not N BOCC COUNTY ATTORNEY 063 534 7654 registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping same to the purchaser at an out-of-state point of delivery. 6. Any person, firm, partnership or corporation who is not registered with the division of State Fire Marshall and who, pursuant to Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the Polk County Sheriff's office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. All appropriate local and state permits, registrations and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. S. The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this ordinance. SECTION 7: Public Display of Fireworks. 1. Any person, firm, partnership, or corporation that intends to present a public display of fireworks, within the unincorporated area of Polk County, as contemplated within Section X 1 BOCC COUNTY ATTORNEY 863 534 7654 791.02, Florida Statutes, shall apply for and secure a permit for same from the Division before purchasing and using such fireworks. 2. The application for such permit shall be made at least fifteen (15) days prior to the event and on a form adopted by the Division. The application must be accompanied by the following: a. Proof of general liability insurance for each fireworks display in the amount of One Million Dollars ($1,000,000.00). b. A Hold Harmless Agreement executed by the applicant in favor of Polk County, Florida. SECTION 8: Vendor Receipts. Every seller of fireworks shall be required to provide to each purchaser of such item a receipt showing items sold, purchaser's name and address, seller's name and address, and date of purchase. Such receipt shall be provided at the time of purchase and the seller shall maintain the copy, which shall be available for inspection by the Division or any law enforcement officer. SECTION 9: Penalties. Any person, firm, partnership, or corporation that violates any provision of this Ordinance shall, upon conviction, in a court of competent jurisdiction, be subject to a fine not exceeding the sum of Five Hundred Dollars ($500.00) or imprisonment in the County jail for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each incidence of a violation shall constitute a separate offense. 3o HOCC COUNTY ATTORNEY 063 534 7654 SECTION 10: Se,. rability. If any provision of this ordinance or the application thereof to any person, firm, partnership or corporation or circumstances is held to be unenforceable or otherwise invalid, the unenforceability or invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the unenforceable or invalid provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 11• Efiective Date. The provisions of this ordinance shall become effective upon receipt of acknowledgement from the Department of State that a certified copy of this ordinance has been filed with said office. 31 BOCC COUNTY ATTORNEY 063 534 7654 STATE OF FLORIDA, ) COUNTY OF POLK. ) 1, E. D. "Bud" Dixon, Clerk of the Board of County Commissioners of Polk County, Florida, hereby certify that the foregoing is a true and correct copy of Ordinance No. 94-34 , Ordinance re¢ulatinp the Sale and Distribution of Fireworks which was adopted by the said Board in regular sesson on Tuesday, June 7, 1994 WITNESS my hand and official seal on this 8th day of June 19 -94. E. D. "Bud" Dixon Clerk (SEAL) By: % Deputy Clerk 3a- BOCC COUNTY ATTORNEY 863 534 7654 POLK COUNTY ORDINANCE NO. 97- 12 AN ORDINANCE AMENDING POLK COUNTY ORDINANCE NO. 94-34, THE POLK COUNTY FIREWORKS ORDINANCE; PROVIDING FOR A PERMIT FEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA: SECTION 1: Section 6 of Polk County Ordinance No. 94-34 is hereby amended as follows: 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale, sell at retail, use or explode any fireworks within Polk County, Florida. 2. Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the Board of County Commissioners and such other information as deemed necessary by the Division. 3. The purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time, of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and is otherwise in compliance with Chapter 791, Florida Statutes. 33 BOCC COUNTY ATTORNEY 663 534 7654 4. The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping same to the purchaser at an out-of-state point of delivery. 6. Any person, firm, partnership or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the Polk County Sheriffs Office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy ofthe statement in addition to the information required in paragraph 4 above. 7. All appropriate local and state permits, registrations and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 8. The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this ordinance. 3L/ BOCC COUNTY RTTORNEY 863 534 7654 SEMQN 2: Section 7 of Polk County Ordinance No. 94-34 is hereby amended as follows: Section 7: Public Display of Fireworks. 1. Any person, firm, partnership, or corporation that intends to present a public display of fireworks within the unincorporated area of Polk County as contemplated within Section 791.02, Florida Statutes, shall apply for and secure a permit for same from the Division before purchasing and using such fireworks. 2. The application for such permit shall be made at least fifteen (15) days prior to the event on a form adopted by the Division. The application must be accompanied by the following: a. Proof of general liability insurance for each fireworks display in the amount of One Million Dollars ($1,000,000.00); b. A Hold Harmless Agreement executed by the applicant in favor of Polk County, Florida; and C. A permit fee in an amount to be established by resolution of the Hoard of County Commissioners. If any portion of this ordinance is for any reason held invalid or unconstitutional by a 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 portions of this ordinance. This Ordinance shall become effective upon filing of a certified copy of the Ordinance with the Department of State. 3- ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING CHAPTER 15 - OFFENSES; ADDING A NEW SECTION - 15-37, ENTITLED: FIREWORKS; PROHIBITED ON OCEAN PUBLIC BEACH; EXEMPTIONS; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND 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 ocean beach is a precious natural resource, protecting our barrier island and attracting visitors to support our local economy; and WHEREAS, the beach dune system, inhabited by diverse wildlife and fortified by native vegetation, protects and preserves our barrier island community from the forces of nature; and WHEREAS, there is a need to preserve and protect the sandy beach, the dune system, the wildlife and the native vegetation; and WHEREAS, the ocean beach of Cocoa Beach from time to time is prone to dense congregations of people; and WHEREAS, the use or possession of fireworks in the State of Florida is restricted to agricultural purposes; and WHEREAS, there are no agricultural areas in the city limits of Cocoa Beach; and WHEREAS, the discharging of fireworks for non-agricultural purposes, other than those displays for which a Special Event permit is issued, is illegal in the City of Cocoa Beach; and WHEREAS, the discharging of fireworks can cause fires in the dune vegetation or nearby public and private structures; and WHEREAS, the discharging of fireworks adversely affects the peace, tranquility and quality of life for persons residing nearby. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA, AS FOLLOWS: SECTION 1. CHAPTER 15 - OFFENSES, SECTION 15-37 IS HEREBY CREATED TO READ AS FOLLOWS: Sec. 15-37. Re6ewed. Fireworks: Prohibited on Ocean Public Beach: Exemptions Fireworks shall mean any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, expulsion, deflagration or detonation and shall include blank cartridges toy pistols toy cannons, toy canes or toy nuns in which explosives are used firecrackers torpedoes skyrockets, roman candles cherry bombs sparklers and other devices of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance except that the term "fireworks" shall not include model rockets and model rocket engines designed sold and used for the purpose of propelling recoverable airborne models and shall not include toy Distols toy canes toy guns or other devises in which paper or plastic caps manufactured as Drovided therein the sale and use of which shall be permitted at all times. Ordinance No. 1361 17 In the interest of the health. safety and welfare of residents and visitors and the orderly patrol of the beach areas by the city police, it shall be unlawful to discharge fireworks (a) within the incorporated city limits of Cocoa Beach anywhere easterly of a line 500 feet to the west of, and runnina parallel with, the center of dune vegetation line or (b) in the waters of the Atlantic Ocean within 500 feet of the mean high water line or (c) in any public Dark. The possession of fireworks within these areas without a special event permit from the Citv by any Berson shall constitute a prima facie violation of this section Violations of this section shall be Class I offenses as outlined in Chapter 31 of the Code of Ordinances of Cocoa Beach and forfeiture of fireworks. SECTION TWO: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith be and the same hereby repealed. SECTION THREE: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. Upon Motion by Commissioner and Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of .2003. Ayes: Nays: Absent or Abstaining: Leon "Skip" Beeler, Mayor -Commissioner ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance No. 1361 20