Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Packet 12-07-2004
E q� d� �9 Ci f Cape Canaveral City oa p GT„ OR CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 7, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Fall Multi -Family Beautification Award — La Villa Apartments BOARD INTERVIEW: John C. Anderson, Business & Cultural Development Board CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 16, 2004. 2. Outdoor Entertainment Permit for the 9th Annual Reindeer 5K Run/Walk. 3. Approval of Employee Christmas Bonus. 4. Resolution No. 2004-24; Reappointing One Regular Member to the Construction Board of Adjustment and Appeals (R. Byrd). CONSIDERATION: 5. Motion to Approve: Boston Beef and Seafood Appeal of a Community Appearance Board Decision. 6. Motion to Approve: Proposal for Reuse Distribution Line Extensions. 7. Motion to Approve: Proposal from Luke Transportation to Present a Concurrency Management Update and an Access Management Workshop. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com r: ity of Cape Canaveral, Florida City Council Regular Meeting December 7, 2004 Page 2 RESOLUTIONS: 8. Motion to Adopt: Resolution No. 2004-15; Officially Naming Tin Roof Avenue Located in Oak Park. 9. Motion to Adopt: Resolution No. 2004-16; Officially Naming Anchorage Avenue Located in the Villas at the Port. 10. Motion to Adopt: Resolution No. 2004-43; Final Re -plat of Beachside Townhomes. 11. Motion to Adopt: Resolution No. 2004-45; Supporting Financial Incentives for Disaster Recovery. ORDINANCES: Second Public Hearing: 12. Motion to Adopt: Ordinance No. 10-2004; Vacating a Portion of Harbor Drive Right - of -Way. DISCUSSION: 13. Outline of Mixed Use Development Agreement. 14. Review Process for Site Plans. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Me a Bennett Boucher, City Manager Ed Gardulski, Public Works Director To: From: Date: Re: November 10, 2004 Agenda item for December 7, Council Meeting, Fall Multi -Family Beautification Award Presentation The Beautification Board voted at their November 9th meeting and selected a winner for the Fall Multi -Family Beautification Award. The winner is La Villa Apartments - 199 Tyler Avenue. Alternate Board Member Andrea Schaffner will present the award to the owner. Please place this item on the December 7th, City Council Meeting Agenda. 0 Page 1 Memorandum To: Bennett C. Boucher, City Manager CC: Susan Stills, City Clerk , U` From: Bertie Edwards, Chairperson, Business & Cultural Development Board Date: 11/18/2004 Re: RECOMMENDATION TO CITY COUNCIL REGARDING APPOINTMENT OF 2ND ALTERNATE BOARD MEMBER The Business & Cultural Development Board interviewed applicant, John C. Anderson, to fill the 2nd Alternate Board Member position at the meeting held on November 17, 2004 (application attached). Members unanimously- recommended that Citi- Council appoint John C. Anderson as 2n' Alternate. Please schedule this proposed ordinance for the December 7, 2004 City Council agenda. Attachment �, :� 1 JJI�d CITY OF CAPE CANAVERAL a.f:� cle Aes APPLICATION FOR APPOiNTMEN': TO CIT �' ADVISORY SOAK OR COM Ml i EE Pursuant to Sect.,ort 2471, Cape Canaveral Code City Come requires prospective and board members to fill out an applicatic-n. City Cock also prchbits a pe --on fro-rn serving on a City Board or Comma ee if sat pe s-Lri has b-eer, convicted cf a felony, unless their civil rights- have besn rsstor-d. Please =mplete t.e fo lcA3ng in the spaceprovided: A. GENERAL 1. Applicant Narnee: 'jo /- X-/ c/". 2. Home Address: ?/L.gS,;,a .4 CT.jJ`n�� 3o2ya0 3. Home Telephone: 3A A 79-41 /lv D 7 4. Occupation: /F,9 7-11Z rz,D - - 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The incormaticn provided in this section is for purposes of determining whether you are eligierle to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 92 months or longer? (Y)_L_ . (N) 3a. Have you ever beer. convicted or €ound guilty, regardless 'of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b 4a. If yes to 3a, have your cavil rights been restored? x�0 - Do yod presently serve on any other City of Cape Canaveral advisory board or committee? 4b. E` yes to 4a, please list each: (Y) (N) >/ 5. City ordirwnc—_ requires that all pe -mons applying for a City advisory board or committee must. voluntarily Consent to a standard c irmin23 background oieck before being C (7"-- appoir ted to a board ,r committee. Do you volura-any ;niers consent to having a standard background &:eeck cerforr^ed or, you by the C'f y of Cape Canaveral? ea. Are you related to a City of Cape Canaveral Council member by blocd, adoption or marc;ape? (Y)(N) 6b. if yes to 6a, please provide name(s) of person(s) and relations#.ip to you: C. INTE.RESTSM(PErRIENCE 1. Briefly state your interest in serving on a City advisory board or committee: USA/V6 ///V 7;2- ADL'-7/.2/tom.-�.�t r is�G ed/rl4y U/l// T/a 2. Briefly state any prior experiences in serving ort any govemmenfaf beard or committee: s�/2 � �-?o/z -� % �'� r x r��Jsy /1 �- ��,1r���! c c �� ,�' �a7y G� lliz6�c•.� xsal,zlv'; v,/Us����+•a.� s;nl7-- cAcvs.t�.�d1��7 Gcic�c•rs . 3. Please fist any specialized skills and training (e.g., architect; engineer, general contractor, etc.) that you Feel help to quarry you for membership on the desired boars; or committee: 10/it4yA/I / J� t�/� YR 'e Cd111GG 1U/ilGY1S/7/ y3t�C /ii�TO.CJ7/�/!L JC/GitJCG r /A?klZ/liA7/divL R & Cld/-c irt ova �r ,r�,/r,�y Y c�dCG.IfGC�r oil S747.9 �o�dc/� �dLC/r<.'/j�r�,» [3_yvdG7/G�S� �G Y_-,, I. -.S A. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board S; -w; b. Board of Adjustment* c, _ �` _ Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Ubrary Board h. Planning and Zoning Board* recreation Board ;. Gu ter: *Meg bers Of &tesc- boor ccs are P"'vgf'. r-z�d to cc r p} _=!a and ffle wi'!h tae .S,, p_-MSCr Of EAs�ens a FinanaW Disafosure- Foran upon appoinfr.—_:rt ;a said boar:' and prior :o July 1 or each year inllovt inG !?e int al mile sitf a mten,ber oT sad boar+. D. STAT= REPORTING REQ4. IREVI: NTS. Secton 760.80, Florida S an"i'�, requires thc"t. the City anni.:.ally sa-utmit a report to ti -re Secte' ry of State disc;csirg rte, gender and physical disabilities o;= bcard and committee mram e s. Please peck the appropriate lyes: RACE GENDER Ammon --Amey male Asian -American Female_ Hispanic -American Not Known Native American r/ Caucasian DISABILI TY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINT ED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NO'T'E: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please £onf ct the City Clerk's Office at (321) I68-1221. Signature: Date: d Please return to: City cF Cape Canaveral OR, of the City Clerk 105 Poik Avenue Cape Canam-al, Florida 32020 Date Appoin-9d: fAppoir.#ed by: jBOard Appoir,te-d to: Tern fir q- CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 16, 2004 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Mayor Pro Tem Council Member Council Members Absent: Council Member Council Member Others Present: City Manager Assistant City Attorney City Clerk City Treasurer Public Works Director Recreation Director Building Official CONSENT AGENDA: MINUTES Rocky Randels Bob Hoog Richard Treverton Steve Miller Jim Morgan Bennett Boucher Jeff Buak Susan Stills Andrea Bowers Ed Gardulski Nancy Hanson Todd Morley 1. City Council Special Meeting Minutes of June 1, 2004 and June 17,2004; Vested Rights. 2. City Council Regular Meeting Minutes of October 19, 2004. 3. City Council Special Meeting Minutes of November 4, 2004; Certifying the Election Results of November 2, 2004. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 2 of 9 4. City Council Special Meeting Minutes of November 4, 2004; Consideration of the Renewal for Group Medical, Dental and Life Insurance. Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 20-2004: Mayor Randels read Ordinance No. 20-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 2-171 ENTITLED BOARDS, COMMITTEES, COMMISSIONS; PROVIDING FOR THE APPOINTMENT OF EX -OFFICIO MEMBERS TO CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. There was no public comment. A Motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Adopt Ordinance No. 20-2004 at second reading. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Adopt: Ordinance No. 21-2004; Mayor Randels read Ordinance No. 21-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE CHAPTER 54 ENTITLED PARKS AND RECREATION; PROVIDING FOR REVISED PARK OPERATING HOURS RELATING TO MANATEE SANCTUARY PARK; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 3 of 9 A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 21-2004 at second reading. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 22-2004; Mayor Randels read Ordinance No. 22-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE, ENTITLED SOLID WASTE, RELATING TO THE IMMEDIATE AND CONTINUING NEED FOR COLLECTION AND DISPOSAL OF BULK TRASH, REFUSE, VEGETATIVE WASTE, AND RECYCLABLE MATERIALS FROM THE CITY OF CAPE CANAVERAL; PROVIDING FOR CLARIFICATIONS TO THE CONDITIIONS IMPOSED UPON RESIDENTIAL PROPERTIES FOR SOLID WASTE COLLECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels read each of the definition amendments. Mayor Pro Tem Hoog questioned the addition of the term tin cans. Attorney Buak replied that if tin cans are not used in the Florida Statutes, then the term could not be used in the City Code. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Adopt Ordinance No. 22-2004 at second reading. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt: Ordinance No. 23-2004; Mayor Randels read Ordinance No. 23-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003 AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR AN EFFECTIVE DATE. Ms. Bowers stated that expenditures above the current budget are presented in detail during this amendment process. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Adopt Ordinance No. 23-2004 at second reading. The vote on the motion carried 3-0 City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 4 of 9 with voting as follows: Mayor Pro Tem Hoog, For; Mayor Randels, For and Mr. Treverton, For. PRESENTATION: Mayor Randels presented a plaque to Council Member Richard Treverton due to his separation from the Council. Mr. Treverton expressed that he enjoyed working with the Council, staff and City board members. He acknowledged how the City has changed over the years and he expressed recognition of the City's growth. He said that he might participate on a City Board some time in the future. OATH OF OFFICE: Attorney Buak administered the Oath of Office to newly elected City Council Member Buzz Petsos. Mayor Randels called for a brief recess. NEW BUSINESS: CONSIDERATIONS: 1. Motion to Approve: Purchase of a Fiberglass Manatee Sculpture. Mr. Craig Smith, of the Business and Cultural Development Board, explained that the model for the proposed Manatee sculpture is on display at the Florida Aquarium. Mayor Randels clarified to Mr. Leo Nicholas that the Fairvilla Megastore provided a donation of $4,083.20 from a previous fundraiser toward the sculpture. Of the total $7,000 cost, the City would incur the remaining $2,916.80. Mayor Randels expressed his concern with the sculpture's security. Mayor Pro Tem Petsos also expressed concern with damage due to public access. Mr. Petsos suggested placing the sculpture on a post. He recommended that the Public Works and Recreation Directors needed to confer on a type of stand. Ms. Hanson stated that the staff would decide on a solution for the sculpture's base prior to making the purchase. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Purchase of a Fiberglass Manatee Sculpture in the Amount of $2,916.80 by the City. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 2. Motion to Approve: Cooperative Purchase of a Pierce Quantum Pumper. Chief Dave Sargeant explained that the Pierce Quantum Pumper truck would provide more efficient equipment transport and the vehicle dealer also provides superior maintenance support. He stated that this truck would be an Advanced Life Support City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 5 of 9 Pumper issuing 2,000 gallons per minute. Chief Sargeant concluded that the purchase would not occur without the 2.9 percent discounted rate. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Cooperative Purchase of a Pierce Quantum Pumper in the Amount of $173,148 by the City. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: 3. Motion to Adopt: Resolution No. 2004-42; Final Re -Plat of Marie Ann Villas; Norman G. Boucher and Marie A. Boucher, Applicants. Mayor Randels read Resolution No. 2004-42 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL RE -PLAT OF "MARIE ANN VILLAS"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-42. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. 4. Motion to Adopt: Resolution No. 2004-43; Final Re -Plat of Beachside Townhomes; John I. Johanson, Applicant. Mayor Randels read Resolution No. 2004-43 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL RE -PLAT OF "BEACHSIDE TOWNHOMES" AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tem Hoog informed that he had to excuse himself from voting on the project by reason of personal interest. He stated that he completed a Conflict of Interest form with the City Clerk. Attorney Buak recommended that the Council postpone the item until another member of the Council is present to participate in the voting. Resolution No. 2004-43; Adopting the Final Re -Plat of Beachside Townhomes will carry over to the next City Council meeting agenda of December 7th. Mr. Johanson stated his agreement with this action. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 6 of 9 5. Motion to Adopt: Resolution No. 2004-44; Appointing a Mayor Pro Tem. Mayor Randels read Resolution No. 2004-44 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels nominated Mayor Pro Tem Hoog to continue as the Mayor Pro Tem. Mayor Pro Tem Hoog accepted the nomination. A motion was made by Mayor Randels and seconded by Mr. Petsos to Appoint Bob Hoog as the Mayor Pro Tem. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 6. Mixed Use Development District. Mayor Randels gave a brief review of the progression of Mr. Greene's project through its inception up to its presentation at this City Council meeting. Mr. Greene outlined the venue for his proposed project. Mr. Greene used a video presentation of local communities such as Winter Park, CitiPlace in West Palm Beach and Celebration at Walt Disney World to provide a visual representation of his concept. Mr. Greene expressed that in Cape Canaveral, the proposed Mermaid Key project would have the added beauty of the Banana River for its backdrop. Mayor Pro Tem Hoog expressed that he has viewed the mixed-use concept and found it favorable. Mr. Petsos also expressed his favor with the concept and inquired about how much acreage would be allowed for successive projects. Mr. Boucher stated that Greene International would incur a great expense to add the needed zoning for this concept to the City's Comprehensive Plan. Mr. Greene pointed out the proposed location on the City zoning map on the west side of Astronaut Blvd. Attorney Timothy Pickles stated that his client hoped to acquire a Developer's Agreement with the City in order to proceed with his concept plan. Mayor Randels replied that the Council members present had expressed their favor, however, the two absent City Council members would need to express their thoughts and concerns. Attorney Buak explained that this Agreement would provide a framework for the proposed Comprehensive Plan change. The change process had many stages prior to Council's approval to include prior review from the Planning and Zoning Board. Ms. Bea McNeeley, Planning and Zoning Board Chairperson, stated that the Board had also viewed the video presentation. Ms. McNeeley expressed the Board's two concerns of commercialization along the river and parking. She stated that the Board also inquired about the project's urban aspect and the absence of play areas for children. She stated on behalf of the Board that there were variables yet unknown. Mr. Boucher re -stated that Mr. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 7 of 9 Greene would incur a great expense to proceed with this concept plan in order to make a Comprehensive Plan change. Mr. Boucher explained that a change to the Comprehensive Plan would apply to other successive properties as well. Mr. Boucher expressed that the Planning and Zoning Board needed the latitude to make its decisions in a publicly noticed forum. Mr. Leo Nicholas expressed that the proposed Agreement could possibly incur a partnership with Greene International and needed legal guidance on the City's behalf. Mayor Pro Tem Hoog stated that this concept, if applied properly, could be an asset to the City. He expressed his hope for open-mindedness of Board members and said that the Board could present their questions during the review process. Mayor Randels inquired about the term overlay district. Attorney Pickles replied that an overlay district is a zoning category for one specific area that defines the type of uses allowed in that overlay district. The parameters for development would be defined within the City Code of Ordinances. The Comprehensive Plan would define the locations for a mixed-use district; it would also define the size of the property as well as the parameters of the application. Mr. Boucher replied to the Mayor that Mr. Greene could apply for the Comprehensive Plan amendment. The Planning and Zoning Board would then review the application as the Land Planning Agency, at which time they would either accept or reject the application. During the second step the Council would review what the Planning and Zoning Board recommended. At the third step, of the process, a Development Agreement would occur. Attorney Buak explained that the suggested Agreement was a general overview in order to gain approval of the concept. Attorney Pickles stated that his client is seeking a timeline to proceed. He stated that he wanted to present an Agreement framework to the City Attorney. Simultaneously, his client would work on the applications necessary for a Comprehensive Plan change. Attorney Buak replied that the Agreement would not bind the City to a Comprehensive Plan or zoning change. He clarified that City Council adopts ordinances for a Comprehensive Plan change amendment and the Department of Community Affairs would either accept or reject the amendment by reason of its compliance with their regulations. Attorney Buak stated that the Conceptual Development Agreement would undergo Planning and Zoning Board review. Mr. Boucher stated that Council would have a Conceptual Development Agreement at the next meeting. REPORTS: 1. City Manager • Mr. Boucher stated that the Council previously approved waiving the building permit fees until November 16, 2004. Mr. Morley expressed that applicants are in need of an extended timeframe. Mr. Boucher requested to extend the waiver until the second City Council meeting on January 18, 2005. Mayor Pro Tem Hoog referred to the damage assessment survey and asked the Building Official for a correlation of damage assessment permits applied for to those outstanding. Mr. Morley replied that is a Code Enforcement goal for completion by the year's end. He replied that the damage related permit application trend is slowing and should be ended within the next two months. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 8 of 9 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Extend the Waiver of the Building Permit Fees for Storm Related Damage until January 18, 2005. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For and Mayor Randels, For. • Mr. Boucher reported that the City originally offered $1.35 million for the building at 7077 N. Atlantic Avenue that was counter -offered for $2.1 million. Council directed the City Manager to discontinue negotiations. • Mr. Boucher reported that the design concept for the next phase of the reuse line extension would be presented at the next City Council meeting. • Mr. Boucher announced that there would be garbage pickup on Friday, November 26I' after the Thanksgiving holiday. • Mr. Boucher requested to expand the Luke Transportation Traffic Study to include North Atlantic Avenue and to focus on the impact of growth on the North Atlantic and Astronaut Blvd. corridors due to Port expansion. 2. Staff Public Works • Mr. Gardulski stated that City holiday decorating is in progress. • Mr. Boucher related that Mr. Gardulski has 20 displaced workers who are funded through Brevard Job Link and will work with the Streets Maintenance Department. Building Official • Mr. Morley reported on construction progress at the former Maggie's Mini Nursery site on North Atlantic Avenue. Recreation • No Report. City Clerk • Ms. Stills reported that interviews are ongoing for the new City positions and also reported on a newly hired person for Administration. She reminded that the City Auditor's anticipated the need for additional staff due to increased City services. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Leo Nicholas commented on a For Lease sign at the Wachovia Bank building. Mayor Randels acknowledged vacancies at several former banking institution sites. • Mr. John Johanson asked about the possibility of reuse system installation in the Discovery Bay area. Mayor Randels replied that there are pipes at each entrance however the developer did not choose to have the reuse installed during the initial installation phase. Public works would provide the needed information. City of Cape Canaveral, Florida City Council Regular Meeting November 16, 2004 Page 9 of 9 3. City Council Mr. Petsos • Mr. Petsos inquired about the status of street lights out and signage down. Mr. Gardulski replied that Public Works is working on these issues. • Mr. Petsos requested discussion at the next City Council Meeting of City Council's review of site plans. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog reported on a Florida Power and Light pole down on the corner of Adams and Poinsetta Avenue. Mr. Boucher stated that the FEMA workers could address such issues. Mayor Pro Tem Hoog reported that he planned to install an emergency standby system and recommended an ordinance to address accommodating such permitting. Mr. Morley replied that he would inquire at the next Building Officials meeting. Mayor Pro Tem Hoog announced that the State Legislative Conference would begin on Wednesday, November 17th. Mayor Randels • Mayor Randels announced that Pearl Vision Eye Centers are offering six free eye exams and eyeglass replacement as a result of the hurricanes. • Mayor Randels reported on a visiting Korean delegation that met with the City Manager to learn about local government operations. This visit was sponsored by the State Department. Mayor Randels displayed the Small Business Development packets offered by the City's Finance Department. ADJOURNMENT: There being no further business the meeting adjourned at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAM -MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE L �Jllc'/ MAILING ADDRESS ` (� THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: Z10 -.i E j-� >E2 C a� /1`f QTY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNT NAME F POLITICAL SUBDIVISION: N: aA L �� C�}/�i.4 (� � /a-L �'� - 1 /� �� DATE ON WHICH VOTE OCCURRED MY POSITION IS: W- LECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER',S INTEREST hereby disclose that on /L �� �� �� ZZ 20 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, __ inured to the special gain or loss of whom I am retained; or __ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: �s3c/ �c jJ G�Oo�il- �j Coil C -7 Date Filed Signature by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 Meeting Type: Regular Meeting Date: 12-07-04 AGENDA Heading Consent [tem 2 No. Outdoor Entertainment Permit AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR NINTH ANNUAL REINDEER 5K RUN/WALK FOR UNITED WAY OF BREVARD COUNTY DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council approve the permit for this event. Summary Explanation & Background: See attached application for details. The route is the same as 2003. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit City M.4 Office Department ADMINISTRATION ydoc tsladm' \meeting\2004\12-07-04\reindeer.doc CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. a Lk % Q Date: %0 - b h o4 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: �j i aAnn �� �� nc Title:y �. CyYnvr,wn��_G ►c� V16 Firm: Unjek Address: A 3 7 30i -ion 3 -My cL &) o a , NE -L– -i -Z Ct Z Z, Telephone: 3 a \ - (o "3\ - a --7 Lk O FAX: `3 a \ - (.0 3 \ - �), d o -7 Local Contact: ( 450'm< C--' Op G vc 1 Title: Local Address (if different from above) ( Sa'MC� Type of Event: (ZlA Yl, UJ C)J-Q - `t' lam A f 0.1, IP e1 Event Date(s) in Cape Canaveral: 4j At kA � (,LA � e C P vA P,k \ \ � Z COA Location(s): Date(s) Time C' \JQ �� � gal A W1 Attach map(s) indicating event area and designated parking areas. ®Traffic Control HStreet Closing ( Ina OA acw-) ❑Other i Specify: MJse of Police/Fire Rescue Equipment ❑Vehicles/Equipment on Beach aVehicle Parking on City Property G W\. f, I tICC Q e, �V, 0k) By signing this application, the applicant acknowledges and agrees to the following provisions: INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Policy No: Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. J �' -� %✓j.� Date C (o li Applic t or Represe tativ /Title Approved by City of Cape Canaveral: City Representative's Name: 3enne���� Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 1'2/10f2013 04 13 FAX 3213832337 KIM_JONEa AGENCY 003/003 CERTIFT(.ATF pr INSUR.ANCI lhFi coripdny indicate) below rcrtifirs that the inzurance afforded by the polir'y or poliriP; numbered rnd described below is in force aS of the effective date of thi, ccrt,f,ca(.e. Thi, Certificate of Im urance riocs not. amend. extend. or otherwise alter the Terms and Conditions of Insiirance rnvoragc r:ontainrd in any policy numbered and tescr,bed below CERTIFICATE HOLOFR- INSURED- 5K RUN/WALK UNITED WAY OF OREVARO CHERIE DOWN PARK. COUNTY. INCORPORATION CAPE CANAVERAL. fI :3?920 937 D''YON BLVD COCOA. H. '2922 i — ) POLICY NUMBER POLICY J POLICY j LIMITS OF LIABILITY ! T'iPE OF INSURPNCE I x 15sUING (h). JEFF. DATE )EXP. CATE (*LIMITS AT INCEPTION) j LIABILII'Y I 77-GO-49?'An-;3O;)1 i 0,) 2H.•Q4 I U2-28 05 ! CX] Liability and NATIONWIDE I I ; Any One Occurrence .. ... $ 1.000.000 j Medical ExpErrc MUTUAL I I Personal anc I INSURANCE CO. J I j !or -luded in Above - Any One Person o- AdverO Sind Injur.yl j Organa alion 1 Lxj Mcdical Expense; j J I ANY (.)NL PERSON G 5.000 1 CX] Fire I-egal I I l Any One Fire or Cxploslor 1, 50.000 j Liability ! 1 I J I Gerier•ul .Aggrega,e* ,, 6 2.000.000 Prod�(.nmh Opp Aygr•eg,il.ei Z 1.000.000 I C] (It.har liahilily I J j j I AUTOMOBILE LIACITI I (1 BUSINESS AUTO J I j End,ty In ury j I I ((ar..h Pcrsnn) Sr C ] ()oned I I I (Each Arridcnt) I L J lii'•rd j i Property iiamagc I I C] Non Owned I I (Cacr ACc7idant) ....... Z j Combined Sincle Limit $ EXCESS LIABILITY i I I J Each Occurrence ... ..... I I I Prod/Comp Ops/O)seasr; I I[] Um7rella Form I I f nggre.3at?* s J I I I STATUTORY LIMITS I I (] Worker,' I ) ) I ROOILY INJURY/ACCIDENT . T j Compensat'on I I I uodily Injury by U,sca,;Q I I ard ( J I i EACH CMPI UYFF . .. Z J 1 7 Employers' I ) I J Bodily Injury by riseasc Liability I I I ( POLICY LIMIT 5 I Should any of the ai,ove described policies be eanr_elled before the fLSC.RIPTIO OPERATIOFI;/LOCATIONS expiration date. :het insurance company will endeavor tQ mail EHICl'ESi.. R�CTIC)N5i>PrC1AL ITEMS written notice to tnc above named certlfir-ate holder, Out failura t / r i mail 5i1rh notice .;h,r11 impose no obligation or liability upon the � company• its agents or rrpresentatives. Effective Date of Ci:rtificate: 12 -ii -2004 Authorized Repro;entativr. i Lt Y JUNL pare Ce.rt,ficat.e T:, ued 10-01-2004 Countersigned at 1u0. S WASH1NGION AVE. fITU':V:LLL• FI. 32/80 NOV-02-2004 1034 UNITED WAY OF BREVARD COU 321 631 2007 P.01/01 p � a' R IC eaftdon Dgmnmmt . A►TION FOR USE PERMT t'stlaote - - Day Fltcne - t� Noma (it.pplFcswe)—.ld1iN�� M Paz 165��. par<itia�h:oAnectian with ofganizP�odOroup {if twpticable) d Natt-hM Cogx a No tideest; � '; Park Name and Kowitin �gttesaed ssoet�.o ar � -�� - zip 37"t Now EvW Daft(s) TYPe of Activity --- k�' t2.r.+r. `:- Baitmtstal ameodmm .�f..le�1��,� '� t7ecludi� ReparatiCn/ChautnP) � - —' � , � 2000i"d Facility Rules + L ies O No Rl CATRootaga 1 ".'. " 7weFatOrnMoTbuCatr�tmwn3r ............._....... _.... a yI s «� - COPY OF ID L C 4,. I[ Rseirn p a cared O CkV=W ry pli,2 'i � r►a-foo-i'tofi OPM q (Must gaWy for tax � �OUonr V Pathic > slue � �, �1z+wtns. 7ttdividaals) Litems Prsuant to 501(e) Criteria of die MS : x O!a taeooa,trt, rau,,,m,,,CAWICOM .r -. S01(cj( open to poetic Waiver d Rte Colmrrero� so'tCO�'t" et ' Led �Letax of Reque�e 0 Athletic evou. Wilk physical m resat nceuN tc,,.�,q i ❑A agdOM% O hoed soles Q StorygMwftbft �4 ikewt �0 P°bi� ltgttor IfabiTttr iced d' '—w& - D ! do fWmft l with ovary Mpeo& o A ectivi a dW=d in Comps 78. Il�d Cnt TVolt HAVE Rngjwm is Lt7CATM wrc w To Viand Iie<gA, attel, vttias trns opea to tAe public. r " W rr IUM AMV mss) Vov M, lir. °� PIF COMACr Ttrar turfy (A)7Ax,,sl,e —`. " TAWM Feac Pmu Cm.%w A $em_ (B) Npr.Tax wca F1tIffi (C) Dwom a� Pscibip! Reaial Pae S �� Fsaift Renta Poe: depootto i k sTtwa)W ^nryrrwd lfvr • Y�►byae Fee ' �' %� . t +!tsi Feea: Additional Pas: s Receipt ir Tourfm Tu FIL State Sake: r u: S � ��' s'� — KeyDepoait S a 0 ; ,ab IbW $ 1'� t — Rocco Dam =. J ?tri s �~ T ` t Rfti ctn►rm _ �� Mtov►ri i -�.._ DeTa ---��. Etara►r,p ___,� Dare Abtvt m s c' I am la dear of ale (21 ytm of ase if alcohol 01M be prescot) or aver � 4 rnyanat'M4 for each end everyand apdersatld n a represenlaQve of said evkwasaatradon, that I teas fail E; e wetve qty nod &V t um "a" tk turd of CAatty Cewetiawom a■d ,, ' VOCto Mow, he ratW rules I have bt>ca p.�m 1w my etettvity. I lineeby filet d� Imid I lave alio rad dr i of this pemit in a7`�s mod 'e'a"ins oat of my Pecw"d ;ryuryr or PaP�7 1 '� as ciao t� the s wu tiers hmd. X , �•;.;;. tAs+s sec.. A ws1 i w �rp 5 t Cw 7vw+ ; j, ,7 n■g OFFICE COPY TOTAL P.01 . MUSEME-'TS AND EI TERTARN-MENTS ARTICLE I. IN GEN'ER.A-L Secs. 10.1-10.25. Reserved. ARTICLE II. AMUSEMENT DEVICE CODE* Sec. 10.26. Adopted. (a) The Standard Amusement Device Code, 1985 edition, published by the Southern Building Code Congress International, Inc., is adopted by reference as though it were copied fully in this article. (b) Whenever the term "administrative authority" or "official" is used in the amusement device code adopted in this section, it shall be con- strued to mean the building official of the city or his authorized representative. (c) Any person who shall violate or who shall fail to comply with the code adopted in this sec- tion or who shall violate or fail to comply with any order or regulation made under the code adopted in this section or who shall build in vio- lation of any detailed statement or specifications or plans submitted and approved under such code or any certificate or permit issued under such code shall, for each and every such violation and non- compliance, respectively, be punished as provided in section 1-15. (Code 1981, H 628.01-628.03) Sec. 10-27. Amendments. The amusement device code adopted in section 10-26 is amended as follows: (1) Section 108.1 is amended to read as follows: Appointment. There is hereby established a board to be called the construction board of adjustment and appeals, which shall con- sist of five members. The board shall be appointed by the city council. (2) Section 108.2 is amended to read as follows: 108.2. Membership and Terms. *Cross reference—Code enforcement, § 2.246 et seq. § 10.46 108.2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial in- terest. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (3) Section 108.3 is amended to read as follows: 108.3 Quorum and voting. A simple ma- jority of the board shall constitute a quorum. Secs. 10-28-10.45. Reserved. ARTICLE III. OUTDOOR ENTERTAINMENTt DIVISION 1. GENERALLY Sec. 10-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Outdoor entertainment events means any gath- ering of groups or persons for the purpose of par. tCross references—Code enforcement, § 2.246 et seq.; parks and recreation, ch. 54; streets, sidewalks and other public places, ch. 66; buildings and building regulations, ch. 82; zoning, ch. 110. CD10:3 § 10-46 CAPE CANAVERAL CODE ticipating in, viewing, observing, watching or lis- tening to entertainment which consists of musical renditions, sporting contests or events, festivals or other entertainment not conducted within a completely enclosed structure. (Ord. No. 23-92, § 1(729:01), 12-1-92) Cross reference—Definitions and rales of construction gen- erally, § 1-2. Sec. 10.47. Compliance with other laws. The staging, promoting or conducting of an out- door entertainment event shall be in full and com- plete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli- cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10-48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-15. (b) The city council may revoke the special out- door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational license upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 10.49. Occupational license required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23-92, § 1(729.02), 12-1-92) Cross reference—Occupational license taxes, § 70-88. Sec. 10-50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec- tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, asso- ciation or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and approval of an outdoor enter- tainment event promoted by such organization, association or group shall be based upon a suffi- cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), 12-1-92) Secs. 10-51-10.60. Reserved. DIVISION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, promote or con- duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 23-92, § 1(729.03(A)), 12.1.92) Sec. 10.62. Application. An application for a special outdoor entertain- ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are met: CD10:4 (1) Adequate plans for site construction, sani- tation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent control, water supply and food service. For the pur- poses of evaluating such plans, the stan- dards established by the rules of the state AMUSEMENTS AND ENTERTAINMENTS § 10-62 division of health in the sanitary code of the state shall be considered as minimum requirements. For the purposes of this ar- ticle, part IV, chapter 1OD-25, excluding sec- tions 25.077, 25.078, 25.079, 25.080, of the Florida Administrative Code and any suc- ceeding rul&, regulation or law shall be con- sidered specifically applicable to the oper- ation of an outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part I, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facili- ties, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside , the designated parking area, ex- cept when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician li- censed in this state on duty at all times for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- icines, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessary to treat ad- verse drug reactions, cuts, bruises, abra- sions, bites, fractures,'infections and other injuries commonly connected with such out- door activities. (4) An adequate plan for internal security, traffic control, communications, fire protec- tion and emergency services, including am- bulance service, in and around the event area. Such plan shall provide for at least one person professionally trained in secu- CD10:5 rity and traffic control on duty at all times for every 500 patrons, with no security per- sonnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the plan of security, traffic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be implemented, and a detailed background on the training and ability of the personnel to be used in implementing such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups. (7) The names of all persons who will provide products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persons. (8) The exact date and time of commencement and the exact date and time of the conclu- sion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, con- ducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or in- § 10.62 CAPE CANAVERAL CODE jury to any one person for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application fqr a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10.63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10-64. Cash cleanup bond. Any person holding a special outdoor entertain- ment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12-1-92) Sees. 10.65-10.85. Reserved. ARTICLE W. ADULT ENTERTAINMENT* DIVISION 1. GENERALLY Sec. 10.86. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar ma- chines for viewing by five or fewer persons each are used to show films, motion pictures, video cas- settes, slides or other photographic reproductions which are characterized by emphasis upon the de- piction or description of specified sexual activities or specified anatomical areas. For the purposes of this article, adult arcade is included within the definition of adult motion picture theater. Adult bookstore means a place that sells or of fers for sale, for any form of consideration, adult materials, the gross sale of which represents more than ten percent of the gross sales of the place or that comprises more than ten percent of the indi- vidual items it displays on the premises as its *Cross references—Code enforcement, $ 2-246 et seq.; reg- ulations regarding nudity on alcoholic beverage establish• ment premises, § 6.27; public nudity prohibited, § 50-2; occu- pational license taxes, § 70.66 et seq.; zoning, ch. 110; adult entertainment establishments permitted by special exception in the M-1 light industrial and research and development dis- trict, § 110.354. CD10:6 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Consent Item 3 No. Bonus List AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of the employee Christmas bonus. Summary Explanation & Background: This is a budgeted item, and I recommend approval. See attached bonus list. Exhibits Attached: Bonus List City Man bflffice Department LEGISLATIVE ca im\my ocumen n\council\mee ing\2003\12-07-04\bonus aoc TOTAL 7,037.50 7,840.00 599.76 8,439.76 4,268.75 100.50 3,470.75 FICA 326.56 7.69 265.51 4,595.31 108.19 3,736.26 _ �\9,P 2004 CHRISTMAS BONUS `$ £,v„ EMP.` 3<y; e Hire Fund Fund # Fund # Fund # w # Name Year 2003 2004 Account # 001 105 401 1003 Boucher, Bennett C 1981 355.00 370.00 001-02 259.00 111.00 1013 Bowers, Andrea L 1995 142.50 157.50 001-02 110.25 47.25 1005 McIntire, Kim 1993 175.00 190.00 001-02 133.00 57.00 1020 Marks, Helen P 1996 130.00 145.00 001-02 72.50 72.50 1146 Haas, Virginia 2001 55.00 70.00 001-02 49.00 21.00 1009 Stills, Susan 1994 160.00 175.00 001-02 122.50 52.50 1111 Puleo, Cheryl 1993 162.50 177.50 001-02 88.75 88.75 1051 Chapman, Susan L 1989 235.00 250.00 001-06 250.00 1163 Alexander, Duree B. 2003 25.00 40.00 001-09 40.00 1174 Clements, John Dennis 2003 - 25.00 001-06 25.00 1177 Haley, Robert 2004 25.00 001-06 25.00 1118 Daine, Linda J 1998 100.00 115.00 001-06 115.00 1152 Malorey, Todd 2002 40.00 55.00 001-06 55.00 1150 Watson, Jim 2002 27.50 42.50 001-06 42.50 1018 Barker, Scott A 1996 130.00 145.00 001-07 145.00 1106 Daine, Francis 1995 145.00 160.00 001-07 160.00 1007 Davis, Timothy J 1996 130.00 145.00 001-07 145.00 1103 Dawson, Cathy 1991 205.00 220.00 001-07 220.00 1107 Evans II, Donald W 1990 220.00 235.00 001-07 235.00 1104 McKee, Kay O 1991 205.00 220.00 001-07 154.00 66.00 1019 Richart, Michael 1992 190.00 205.00 001-07 205.00 1147 Robins, Glen 2001 55.00 70.00 001-07 70.00 1012 Akery, Carl R 1966 580.00 595.00 401-10 595.00 1061 Bandish, Walter M 1990 205.00 220.00 401-10 220.00 1168 Beedie, Davina J. 2003 25.00 40.00 401-10 40.00 1172 Boes, Ed 2003 - 25.00 401-10 25.00 1102 Clark, June A 1986 280.00 295.00 401-10 295.00 1145 Cooper, Chester 2001 55.00 70.00 401-10 70.00 1062 Cordero, Carlito 1998 85.00 100.00 401-10 100.00 1063 Dasno, Barbara E 1990 205.00 220.00 401-10 220.00 1156 Deines, Gregory A. 2002 40.00 55.00 401-10 55.00 1023 Dujardin, Thomas R 1996 130.00 145.00 401-10 145.00 1056 Fox, Raymond W 1989 235.00 250.00 401-10 250.00 1029 Gardulski, Edward 1997 115.00 130.00 401-10 91.00 19.50 19.50 1129 Hardy, Cathy 1999 85.00 100.00 401-10 70.00 15.00 15.00 1170 Martin, Jerry 2003 25.00 40.00 401-10 40.00 1065 McCormack, Larry 1991 205.00 220.00 401-10 220.00 1175 Petty, Marvena 2004 25.00 401-10 3.75 21.25 1011 Prince, Paul E 1989 235.00 250.00 401-10 250.00 1068 Taylor, Melton J 1992 190.00 205.00 401-10 205.00 1045 Veenstra, Kenneth 1990 220.00 235.00 401-10 235.00 1138 Hammons, Michael 2000 57.50 72.50 001-11 72.50 1120 Carrigan, Barbara 1998 87.50 102.50 001-11 102.50 1125 Fulton, Brenda 1999 72.50 87.50 001-11 87.50 1032 Hanson, Nancy L 1978 400.00 415.00 001-11 415.00 1037 Norman, Francoise 1983 312.50 327.50 001-11 327.50 1043 Welton, Donna 1986 267.50 282.50 001-11 282.50 1169 Butterworth, Janice E. 2003 12.50 27.50 001-11 27.50 1176 Tustin, Kathleen 2004 - 12.50 001-04 12.50 1166 Morris, Charlene 2003 12.50 27.50 001-04 27.50 1167 Rockey, Karen S. 2003 12.50 27.50 001-04 27.50 TOTAL 7,037.50 7,840.00 599.76 8,439.76 4,268.75 100.50 3,470.75 FICA 326.56 7.69 265.51 4,595.31 108.19 3,736.26 Wi 9m, 5.10 Annual Christmas Bonuses In December of each year, Council may grant Christmas bonuses to all City employees based on the following formula: Full-time employees: $25.00 first year; $15.00 each additional year Part-time employees: $12.50 first year; $15.00each additional year Pay Rates in Promotion. Demotion or Transfer When an employee is promoted, demoted or transferred, the rate of pay in the new position shall be established in accordance with the following: A. Promotion (including Temporary Position) .an hourly increase in pay may be granted. B. Transfer .the salary may remain the same since this is an assignment from one position to another position within the same pay grade. C. Demotion 1. Reassignment as a disciplinary action, to a position for which the employee is qualified, will normally result in a decrease in pay. 2. An employee's request to a position of a lower classification may result in a decrease in pay. TemporM Assignment When an employee receives a temporary acting promotion, the employee shall receive appropriate pay as determined by Subsection 7.03 (5). 5.11 Overtime A. Overtime will be authorized or directed by the City Manager only when it is in the best interests of the City and is the most practicable and economical way of meeting workloads or deadlines. In emergencies, department heads may authorize overtime, but will report the circumstances to the City Manager the following workday. Managerial and supervisory personnel may not receive overtime pay, but shall be eligible for compensatory time in accordance with Subsection 5.13. 17 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2004-24, REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2004-24, reappointing Randall Byrd as a regular member of the Construction Board of Adjustment. Summary Explanation & Background: Term will expire on 12-15-2007. I recommend approval. Exhibits Attached: Resolution No. 2004-24 City Manager' Office Department LEGISLATIVE Q—f!-P-lm\myldodmin\council\meeting\2004\12-07-04\2004-24.doc RESOLUTION NO. 2004-24 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING ONE REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Randall Bvrd is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December. 15, 2007, SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of December City of Cape Canaveral, Florida Resolution No. 2004-24 Page 2 ATTEST: Rocky Randels, MAYOR FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan APPROVED AS TO FORM: Buzz Petsos Rocky Randels _ Anthony Garganese, CITY ATTORNEY Randall Byrd 2325 Jason Street Merritt Island, FL Dear Mr. Byrd: 32952 City of Cape Canaveral Your term on the Construction Board of Adjustments and Appeals expires on December 15, 2004. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint you as a regular board member is scheduled to appear on the City Council Agenda of Tuesday, November 16, 2004. Your appointment will be for a three-year term expiring on December 15, 2007. Thank you. X1 DO wish to be considered for reappointment. O 1 DO NOT wish to be considered for reappointment. f. e'�� PC. (Signature) Construction Board of A tment and Appeals, Member Sincerely, Susan Stills, CMC CITY CLERK ` • a • ® .� .nom x: 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Considerations Item 5 No. The attached documents are submitted for the record: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BOSTON BEEF & SEAFOOD APPEAL OF A COMMUNITY APPEARANCE BOARD DECISION DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the appeal request by Michael Gulick of Go Signs on the disapproval by the Community Appearance Board of the proposed awning signs for the Boston Beef & Seafood Restaurant located at 6910 N. Atlantic Avenue. Summary Explanation & Background: The appeal process is provided for in Code Section 22-46 (attached). The attached documents are submitted for the record: 1. Appeal request letter by Michael Gulick dated 11-19-04, 2. City attorney correspondence dated 11-23-04, 3. Board order — Findings of fact and conclusions of law, 4. Unapproved minutes of the 11-15-04 Community Appearance Board, 5. Verbatim transcript of 11-15-04, Request #04-54, 6. Application for Request #04-54, 7. Building official's memo dated L1-16-04, 8. City Code Section 22-46, and 9. New photographs submitted by the applicant. City Council shall grant or deny the appeal by majority vote. Exhibits Attached: Items 1-9 noted above City Manager's ' e Department LEGISLATIVE cape.-nt\kim\mydocuments\admin\council\meeting\2004\12-07-04\cab.doc Michael W. Gulick Go Signs 8105 Canaveral Blvd. Cape Canaveral, FL. 32920 City of Cape Canaveral Susan Stills, City Clerk 105 Polk Ave. Cape Canaveral, FL. 32920 0 J V Ll uf %...1 November 19,2004 I hereby request a hearing for appeal to the City Council regarding the decision of the Community Appearance Board, at their meeting held on November 15,2004 regarding the proposed signage at Boston ;Meat and Seafood, as per Section 22-46 of the City Code. Respectfully, Michael W. Gulick President Express Time II, Inc. (d.b.a.) Go Signs cc: Boston Beef & Seafood 6910 N. Atlantic Ave. Cape Canaveral, FL. 32920 Page BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Law Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher' Jeffrey P. Buak° Cocoa & Viera Joseph E. Blitch Suzanne D'Agresta' Victoria L. Cecil Anthony A. Garganese° Lisa M. Fletcher John H. Ward' Amy J. Goddard Jeffrey S. Weiss Katherine Latorre Board Certified Civil Trial Lawyer Erin J. O'Leary J. W. Taylor °Board Certified City, County & Local Government Law Of Counsel November 23, 2004 r ON 1 VIA U.S. MAIL and FACSIMILE Todd Morley, Building Official Susan Stills, City Clerk City of Cape Canaveral City of Cape Canaveral 105 Polk Avenue 105 Polk Avenue Cape Canaveral, Florida 32920 Cape Canaveral, Florida 32920 Re: Community Appearance Board - Boston Beef & Seafood City of Cape Canaveral - General Our File No.: 513-001 Dear Todd and Susan: This correspondence follows notification of a request for appeal regarding the above -referenced matter. In that regard,. please revie;nr Section 22-46 of the City Code relative to the appellate procedures for the Community Appearance Board. Specifically, the City Council shall hear and make a determination on the appeal within thirty (30) days of the day of the request, therefore, this matter should be placed on Council business on the next available City Council agenda for review and determination. Once scheduled, written notice must be provided to the applicant with at least seven (7) days prior to the Council meeting. Attached to the agenda item should be a copy of the application for review, the Board's order relative to the request and finally, a copy of the minutes prepared, whether in summation or transcribed. At the Council meeting the applicant will have the burden of establishing their right to the request and that the Community Appearance Board acting erroneously. The City Council may take any additional evidence it desires in making its decision including staff analysis. The City Council's determination of whether the denial was appropriate or not 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@oriandolaw.net Todd Morley, Building Official Susan Stills, City Clerk City of Cape Canaveral November 23, 2004 Page 2 will be final and there will be no need for any further action, on this application, before the Community Appearance Board. If you have any questions regarding this matter, please do not hesitate to contact our offices. Very truly yours, J ey P. Buak Assistant City Attorney JPB/eah IN AND BEFORE THE COMMUNITY APPEARANCE BOARD FOR THE CITY OF CAPE CANAVERAL In re: Applicant: Go Signs Property Owner: Vincent Keenan Tenant: Boston Beef & Seafood (Request No. 04-54) r THIS CAUSE having come on for consideration, after being duly noticed, before the Community Appearance Board of the City of Cape Canaveral, Florida, on November 15, 2004, to hear and consider an application by GO SIGNS for approval of awning signs and a pole sign for Boston Beef & Seafood, located at 6910 N. Atlantic Avenue, Cape Canaveral, Florida. The Board, having heard and considered the presentation and evidence presented by GO SIGNS, and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Community Appearance Board finds as follows: 1. The awning signs presented for approval, as represented by the photographs included in the application, do not balance in a harmonious manner with the surrounding area of the community. Specifically, the Board finds the awning signs to be excessively verbose, causing the awnings to appear cluttered. 2. The pole sign presented for approval, as represented by the depiction included in the application, is sufficiently coordinated in a harmonious manner with the surrounding area of the community. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 2004. 1. The awning signs, as presented, are not approved by the Board. 2. The pole sign, as presented, is approved by the Board. DONE AND ORDERED at Cape Canaveral, Florida this go day of November, COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Chairperson Page 2 of 2 CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD NOVEMBER 15, 2004 MINUTES A meeting of the City of Cape Canaveral Community Appearance Board was held on November 15, 2004 at 7:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to Order by Chairperson Hayes at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Burt Bruns Walter Bowman Randy Camomilli Lisa Moore Connie Trautman Randy Wasserman MEMBERS ABSENT Karen Hayes OTHERS PRESENT Cathy Hardy Kate Latorre Vice Chairperson 1 st Alternate 2nd Alternate Chairperson Acting Recording Secretary Assistant City Attorney All persons giving testimony were sworn in by Kate Latorre, Assistant City Attorney. NEW BUSINESS 1. Approval of Meeting Minutes: September 20, 2004. Motion by Ms. Moore, seconded by Ms. Trautman to approve the meeting minutes of September 20, 2004, as written. Vote on the motion carried unanimously. 2. Request No. 04-54 - Sign — 6910 N. Atlantic Ave. — Go Signns, Applicant. Mike Gulick, owner of Go Signs, testified that the pylon sign was previously approved under Island Mirage and he is requesting approval of the replacement of the face only. The second request is the lettering on the awning facing AIA "Boston Beef & Seafood" (Eat in the Rough), and the lettering on the fascia facing AIA (Clams, Shrimp, Scallop, Oysters). South fascia lettering (Haddock, Flounder, Catfish). The Board members held discussion regarding the signage being overbearing and not congruent with what the Board is trying to accomplish for the City. The Board members voiced their opinion that the exterior of the building has deteriorated and needs to be fixed -up. Community Appearance Board Meeting Minutes November 15, 2004 Page 2 Motion by Mr. Bowman, seconded by Ms. Moore to approve the pylon sign; and the building signage be voted down. Discussion followed. Vote on the motion carried unanimously. 2. Request No. 04-55 — Residence Inn — N. Atlantic Ave. — WELBRO Building Corp., Applicant. Roger Dobson, President AIA Acquisition Group, testified that they have submitted all the documentation required for the project for the 150 -room suite hotel. George Powel, representative for Powel Design Group, gave testimony on the project overview. He pointed out that the main boulevard coming into the hotel has two out parcels to cut down on traffic on AIA; formal tree -lined landscape at the entry will be provided, with a turning radius for buses; clean circulation around the building; landscape plan is above the minimum code requirements; and the retention area is behind Race Trac to the south. Mr. Powel further testified that they have provided various photos around the site; rendered elevations of the front entry; samples of exterior materials; and colors. Motion by Mr. Bowman, seconded by Ms. Moore to approve the project. Discussion followed. Vote on the motion carried unanimously. There being no further business the meeting adjourned at 7:40 P.M. Approved on this day of 12004. Burt Bruns Acting Chairperson Cathy Hardy Acting Recording Secretary Community Appearance Board Meeting November 15, 2004 Verbatim Case #04-54 Call Roll Approved Minutes The City Attorney swore in all persons testifying. ,2..30 Mr. Bruns: Request # 04-54 Sign for 6910 N. Atlantic Avenue, Go Signs, applicant. Would the applicant please come forward. Introduce yourself. Say your name sir. Mr. Gulick: My name is Mike Gulick, I'm the owner of Go Signs in Cape Canaveral. Mr. Bruns: Thank you. Board Member: Tell us a little bit about your sign that you want to put up, is it letter & awning? 3: D'a Mr. Gulick: There are several proposals on board, and my motto tonight is going to be "So I've been told". The first one would be the pylon sign that's out by the road, I have been told that it had previously been approved and that they were willing to approve that again due to the hurricane damage from it, all we're going to do to that is letter the faces and install them. Mr. Camomilli: Wasn't this approved with a different name? Mr. Gulick: So I've been told. That was approved I guess through Island Mirage, but it's new owners now so I wanted to be sure I had all my bases covered before I proceeded with that. Mr. Camomilli: The physical sign is still there, it's just the faces. Mr. Gulick: Correct, the only thing that is missing are the faces. Mr. Camomilli: So you just want to replace the faces with the new lettering and colors like this? Mr. Gulick: Yes Sir. Mr. Camomilli: We can just go ahead and make it part of this overall. V 0;1 Mr. Gulick: Secondly would be the awning, it's an existing awning that's on there now, he's going to have the face of it recovered, that's not something we are doing, that's something he has contracted out to do, the only thing we are going to do is letter it as it is shown in the picture "Boston Beef & Seafood" (Eat in the Rough) the phone number and Eat In / Take Out. Mr. Bruns: That will be on the edge of the awning looking towards AIA? Mr. Gulick: Yes Sir, it's the bottom left picture and then the top right and bottom right pictures show the fascia going around the edge of the building and he'd like to have that lettered as shown there. Mr. Camomilli: Is there any intention to replace the awning that was blown away? Mr. Gulick: No, he is not going to replace the awning. Mr. Camomilli: It's going to look like that? Mr. Gulick: Well they have taken that down, the wrecked part of it is gone. Mr. Camomilli: Well that's good. Mr. Bruns: Are they putting up new fascia around the structure that's there, is that it? Mr. Gulick: He's putting up a signboard material. It's a PVC material, on the fascia all the way around and then I'm going to letter that. Board Member: Is it the sign itself that's 13" or is it the lettering? Mr. Gulick: The sign itself. Mr. Bruns: Looks like the 13" is going to be on the fascia. Mr. Gulick: Correct. Board Member: The other one is 3 feet. Board Member: This is a lot of little lettering. 5 s y Mr. Bruns: Where is the lettering going that says "Boston Beef & Seafood"? Ms. Moore: I think that's probably heading toward AIA and these might be facing the sides but it is looking like it's busy and almost... Board Member: Well no, no this is also facing AIA, the upper right one, that's facing AIA, see the piece of awning just to the left, that's this. Board Member: So you have two of them facing AIA plus the front sign out there. Mr. Gulick: The banners that you see strewn around there are going to be gone, they're just temporary banners. Ms. Moore: The one that says Boston Beef & Seafood below that opening, that's going to be gone? Mr. Gulick: Correct those are all going to be gone, those are just up there temporarily till he's... Ms. Moore: And the coming soon one below that, yeah. Mr. Camomilli: Those concrete block walls are staying, I guess? Or are they going too, now? Mr. Gulick: No they're there, the wall that goes around where the patio was? Mr. Camomilli: Yeah. Mr. Gulick: I'm not sure that they are concrete block. Mr. Camomilli: I don't know if they are either, they look like concrete. It's been a long time since I've been there. ? Board Member: Mr. Chairman, I feel that we really do have more signage on here than is justified. Mr. Camomilli: And too many words Board Member: Too many words, too many places. Ms. Moore: It's busy the way it's all around the, uh... Board Member: I don't know that it does the business any better to have that much. Ms. Moore: It looks kinda... Does it look...? Board Member: ... a little trashy for our area. Ms. Moore: Thank you. '?!:3 4 Mr. Bruns: You know, just as a comment, I would tend to agree with that. I don't know why you would need this much signage on a building that's this big. Ms. Moore: Because if we approve the large replacement from the prior one to the standing one out there that's what? 40 and 20, it's 96 inches wide and 67 inches tall plus it's on a post, and then on part of building, that's an awful of... if it's flanking the other two sides that is kinda too much. Board Member: 3 feet by 25 feet, I don't know what the code is on it but it seems like it would violate the code to some extent here, but... J � oq Mr. Bruns: I don't know if it violates the code or not but I didn't zero in on it, it's not our business we can only assume that it would be legal. If not, we would assume that it would be taken care of by the Building Department. But I agree, I think this is a really busy, uh... Mr. Bowman: It would be nice if a little more money was spent on the building. Mr. Bruns: Well yeah, and I would agree with that, Walter. So I tend to agree with the busy-ness of this and obviously Lisa you feel that way and Randy I don't know what your situation is. Mr. Camomilli: It depends on what they do with the rest of the building, to me if... 7- s 3 Board Member: Well I think the ??? are tasteful. Board Member: Tasteful commercial. I . CC) Ms. Moore: Aesthetically, with the awning gone it's deteriorated as far as the exterior of the building, in my opinion, and then the signage that is just almost overbearing. I mean it's just at you every which -way, it seems to be not congruent with what we've been trying to accomplish here. Mr. Bruns: And I would agree with you that the exterior of the building has been so degraded by what's happening - there doesn't seem to be anything done to this to correct it. It needs to be fixed up. Mr. Gulick: That's not something I can control. Ms. Moore: I understand. Mr. Camomilli: The owner is not here tonight. Mr. Gulick: No, the owner's not here. Mr. Bruns: The owner's not here. Mr. Gulick: No the owner's not here tonight. R: s Is Mr. Bruns: Okay, well I want to entertain a motion on request #04-54 for the sign on the Boston Beef & Seafood operation at 6910 N. Atlantic Ave. MbTc, n 1:51 Mr. Bowman: I would move that the pylon sign be voted acceptable and that the building signage be voted down. Ms. Moore: I second that. Mr. Bruns: I have a motion and a second, is there any other comments from the board? From the audience, please? Mr. Gulick: I just want to be sure I'm clear on it, what you're saying is the pylon sign is fine as it stands. Mr. Bruns: Yes, the pylon sign is fine, the sign that goes around the building is not approved in any respect whatsoever. Mr. Gulick: What about the awning? Mr. Bruns: The awning is not. Nothing on the building is approved. The only thing that is approved is the outside pylon sign. Ms. Moore: Pending our, of course, vote to approve that. Mr. Gulick: Right, I just wanted to be sure what they are voting on. That's fine. Mr. Camomilli: It's always subject to coming back and hearing some other thoughts. I o: 5'7 Mr. Bowman: If he were to be able to improve the building some and come back to us with a better looking building and less busy signage - more tasteful, less busy signage - I think you would have a much better chance at having it approved. Ms. Moore: Yes, we would welcome that visit. Mr. Bruns: If I may interpret this before we have a vote, all right? We are encouraging the sign so that whoever owns that business can get in business with the sign on AIA and that's fine and we encourage that, but we are not approving the sign, any signage on the building itself. Mr. Gulick: Understood. Mr. Bruns: Okay, would you please call the roll. 11 '.'17 Board Secretary: Walter Bowman, for — Randy Camomilli, for — Burt Bruns, for — Lisa Moore, for — Connie Troutman, for- Randy Wasserman. Ms. Moore: Randy is not voting. Mr. Wasserman: I'm the alternate tonight. Mr. Camomilli: Yeah, he's not voting. Mr. Bruns: Thank you, I hope you have clear instruction, if you have any problems with that we'll go from there. Mr. Gulick: Very clear, thank you very much. Mr. Bruns: Thank you. ......................................................... FROM ':CITY OF CAPE tel. FAX tO. :321 868 1247 Oct. 14 2004 04:33PM P4 COMMUNITY APPEARANCE BOARD APPLICATION & GENERAL INFORMATION To BF CQM MMJD $Y APPLICANT Tie of Rearrest: _ Ltri� "i ai r1 C ]V1 G G Q Date Submitted: && 11 o g Project Name (if Applicable): -BOSTW -=�-r- 4 &-4QX;D Project Address: & q1 1) W _ arL"LU C- 91A: Legal Description: Section , Township , Range Lots) , Block _, Parcel Subdivision: . J Name(s) of Property Owner(s): Owner(s) Address: &Zzo e cxeati>>a-o 4vL Phone#: '452 -LZ) to Fax#: Applicant Name: GO � 1 6 K) -S - Applicant Address: g oS 0ipuLrL 13C vD. Phone#: Fax#: % fly --554. j - (Office Use Only) Is application complete: NO. If no, date application returned to applicant: Date/Time Board will consider request: /1 .1 Application Fee: 36, CIO Fee Paid: YES/NO Application Reviewed by: ,r Date Reviewed: -3- 0--04_5 ` FROM :CITY OF CAPE CPWVERAL FP9-RO. :321 868 1247 Oct. 14 2004 04:33PM P5 LEVEL I Commercial & industrial projects 850 sq. !t. or less 1-3 residential units all signs fences 1 to 3 residential units single family residential addition 850 sq. !i. or less REQUIRED INFORMATION DOCUMENTS SUBMITTED YES NO ., Vicinity Map locating all zoning classifications (10 Copies) For new development of unimproved property, a concept plan locating improvements. (10 Copies) Minimum of three color photographs of site ✓ and setting, including surrounding properties. At least two elevations to scale. PIA PM (10 copies) Presentation of the materials, textures and colors. (may be presented at Board Meeting) Application Complete: Application Incomplete: Application Reviewed by: Date: Q 1u R3 10 tai n hli Bs CON BZ Q in ®21 r cl a 12 n n BLYD BLVD n 1 n « a Bz >a >n CON >m v n n o n R2 a < Iz rye rus ma RZ Q cl n al CON cl Bs B3 a a aa000� Q aacaE5 R/ cac� ca Bz 3 N. g is a a R2 R3 BANANA RIVER caaBAS ATLANTIC OCEAN 22 F3 BSI &int RI n7 R3 a S a i BAYe a a PROPOSED >n FUTURE LAND USE Cl COMMERCIAL C2 COMMERCIAL/MANUFACTURING a Ml INDUSTRIAL Rl RESIDENTIAL n R2 RESIDENTIAL PPID UB ULC(RECREATION CON CONSRVATION AREA ARCHAELOGICAL SITE n N SCALE: p�Y 0 500 1000 YR Y.aww CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 M VINCII 0-� UY(577 AJC- �Af / Aj G -eact7- tJ-Ijt) r-A-C(P is SEAFOOD Memo Date: November 16,2W4 To: Bennett Boucher, City Manager From: Todd Morley, Building Official �W RE: Boston Beef and Seafood signage Address at: 6910 N. Atlantic Ave. Property owner: Vincent Keenan The Community Appearance Board has reviewed a request for approval of two signs at the above address. The drawings submitted appear to meet the requirements of the Ordinance for the C 1 District, for: • Placement • Max. height • Max. number • Max. area COMMUNITY DEVELOPMENT (3) Level 3 review (Change of exterior build- ing or roof color upon commercial build- ings or structures within the C-1, C-2, or M-1 zoning districts): a. Vicinity map locating all zoning clas- sifications, including orientation of all color photographs; b. Materials, texture and color board depicting location of colors; and C. Minimum of three color photographs of site and setting (surrounding area). (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, § 2, 2-18-03; Ord. No. 07-2003, § 2, 3-4-03) Sec. 22-45. Concept plans. All concept plans submitted for consideration under this article for the new development of unimproved property shall indicate the following sufficiently: (1) Dimensions and orientation of the parcel; (2) Location, height and use of buildings, structures and encroachments both exist- ing and proposed; (3) Location and arrangement of manmade and natural ground cover; (4) Proposed ingress and egress facilities; (5) A conceptional preliminary landscaping plan; (6) Unusual grading or slopes, if any; (7) Location of walls and fences and the indi- cation of their height and the materials of their construction; (8) Location and size and graphic content of proposed exterior signs, outdoor advertis- ing or other constructed elements other than habitable space, if any; (9) Such other architectural and engineering data as may be requested to clarify the presentation. (Ord. No. 16-95, § 2, 12-19-95) Sec. 22-46. Appeals and review. § 22-47 board may appeal the decision to the city council in accordance with the following procedures. The filing of an appeal under this section stays the action of the community appearance board until a decision by the city council is rendered. (a) The aggrieved party may, not later than ten calendar days after receiving notice of final action by the community appearance board, file with the city clerk a written request for an appeals hearing before the city council. (b) If a written request is filed within the ten-day limit and as otherwise provided above, the city council shall consider the request. The city council shall hear and make a determination on the appeal within 30 days from the date the written request "'%ran appeal is received by the city clerk. The applicant shall be provided notice of the city council hearing at least seven days prior to the council hearing. (c) The city council shall hear and consider evidence offered by any interested person to determine whether the community ap- pearance board properly denied an appli- cation for approval in accordance with the City Code and city comprehensive plan. The formal rules of evidence do not apply. [(dThe city council shall grant or deny the 1 appeal by majority vote in accordance with the council's quorum requirements contained in the City Charter. Failure to reach a majority vote will result in denial of the appeal. Any dispute of fact must be decided on the basis of a competent and substantial evidence. The decision of the city council is final. (e) Judicial review of any final decision un- der this article shall be available only after the administrative procedures and remedies set forth in this section have been exhausted. (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003, § 2, 11-18-03) Sec. 22-47. Building permits; enforcement. Any person(s) or the city aggrieved by a final Unless otherwise provided by this article, no decision rendered by the community appearance building permit shall be issued until the commu- Supp. No. 12 CD22:9 -TC7;APCRA, PL -o-2-01 I TTL -Y) �4 N NC�-2 rr,,v()cSCO A -jj 'Lst AtclkiiL cc (C --(11j ec)Lce. PROPOSED PHASE II NEW AWINING PACE NOTE: PICTURE NOT TO SCALE. WILL MEET CODE REQUIREMENTS AS TO SIZE ACTUAL SIZE OF LETTERING: 22W Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Considerations Item 6 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FOR REUSE DISTRIBUTION LINE EXTENSIONS DEPT./DIVISION: PUBLIC WORKS/WASTEWATER Requested Action: City Council consider the proposal from Wiring Technologies for the installation of reuse lines at the 100 and 400 blocks of Johnson Avenue, 100 block of Jefferson Avenue, 100 block of Madison Avenue, and the 400 block of Taylor Avenue as recommended by the public works director. Summary Explanation & Background: This is a budgeted item funded with sewer impact fees. The proposed project cost is $60,157.00. I recommend approval. Exhibits Attached: Public Works Director's memo dated 11-30-04 City ManageftOffice Department GROWTH MANAGEMENT im myd a admin\counci ting\2004\12-07-04\reuse.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 30, 2004 SUBJECT: City Council Agenda Item for December 71h, 2004 Additional Reuse lines for Johnson, Jefferson, Madison & Tayor The City of Cape Canaveral has had a high public demand for reclaimed water services to additional areas within the Avon by the Sea Subdivision. The area was targeted because of the large number of potential customers and the number applications the City has received. More so, some of our citizens have made application with payment for reuse water and have been waiting for over two years. The City Council approved the design proposal from SSA for the design of the reuse distribution system in the amount of $12,000. This project will extend the City reuse system along 100 & 400 block of Johnson, 100 block of Jefferson, 100 block of Madison, and 400 block of Taylor. The Engineering as -built, permitting and inspection by SSA will be $7,000 at the time of construction. The City of Cape Canaveral Advertised Request of bids no. 04-02 for Directional Boring of Reuse Distribution Lines and services. A pre-bid meeting was held on April 16th at 10:00 A.M. in the City Hall Annex. Seal Bids were accepted until April 22, 2004 until 2:00 P.M. The City of Cape Canaveral received three bid packages. The Low bidder was Wiring Technologies, hence n May 6`h 2004; City Council awarded Bid 04-02 to Wiring Technologies. The construction cost of this project is based on the Bid unit price. This project is 100% Enterprise Fund Impact Fee eligible. Recommend the approval of the additional reuse lines to be constructed by Wiring Technologies in the amount of $ 60,157.00. Funds have been budgeted in the Enterprise Capital Account for FY 2005. Attachments cc: Walter Bandish File DEC -01-2004 14:7.2 � I R I hIG TECHNOLOGIES www_._...,"....,.. December 1, 2004 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 Re: Reclaimed Water service Extension Bid # 04-02 Dear Ed: 407 062 1964 P . 01: 03+ XWCI Fax 321- 868-1233 As per our meeting and conversation this morning we are pleased to have the opportunity to offer our proposal for the work on the Reuse Main Extension Phase li, Our scope of work is the same as contained in our current contract. This scope of work is as follows: UNIT TOTAL DESCRIPTION QUANTITY UNIT PRICE PRICE JEFFERNSON AVENUE 4" PVC REUSE LINE CONSTRUCTION SURVEY TRAFFIC MAINTENANCE REUSE LINE TESTING REUSE SERVICE CONNECTION SINGLE 1" REUSE SERVICE CONNECTION DOUBLE 2" SERVICE REUSE SERVICE SPRINKLER HOSE BIBB ASSBLY CONNECT TO EXISTING LINE 4" END CAP 2" BLOWOFF ASSEMBLY TOTAL JEFFERSON AVENUE 429 LF 19.00 7,980.00 1 LS 130.00 130.00 1 LS 170.00 170.00 , LS 530.00 630.00 7 EA 435.00 3,045.00 4 EA 495.00 1.980,00 15 EA 135.00 2,025,00 1 ESC 490.00 490.00 1 EA 335,00 335.00 1 EA 1,285.00 1,265.00 18,070.00 Fax; (407) 862-1964 871 Su=hine La=, SUitc 105, Alt=Onte Springs, F1 32734 Phouc: (407) 362-6290 DEZ-01-2004 14:Z9 W I R I N13 TEC kN0LDr_; i EE 407 962 , ?�_ 4 P. MADISON AVENUE 4" PVC REUSE LINE 442 L!~ CONSTRUCTION SURVEY 1 LS 133,00 132,60 TRAFFIC;, MAINTENANCE 1 LS 180.00 180,170 REUSE LINE TESTING " Ls 675,00 875.00 REUSE SERVICE CONNECTION SiNCLE 1" B EA 435.00 .2,810.00 REUSE SERVICE CONNECTION DOUBLE 2" SERVICE 3 EA 496.r.10 1,485.J1: REUSE SERVICE SPRINKLER HOSE BIBB ASSBLY 12 EA 138.00 1.620,Do CONNECT TO EXISTING LINE 1 EA 490.00 490.']C, 4" END CAP 1 A 335.00 035.00 2" 3L.GWOFF ASSEM81-Y 1 EA 1,2$5:00 1.285i*2C TOTAL MADISION AVENUE 17,21 ; .00 TAYLOR AVENUE 4" PVC REUSE LINE 325 LF 19.001 8,175,00 CONSTRUCTION SURVEY 1 US 100.001. 1C�,1 00 TRAFFIC MAINTENANCE ? LS 136:00 1 0.00 REUSE LINE TESTING 1 LS 49(7.{10 490.00 REUSE SERVICE CONNECTION SINGLE 1" 6 EA 435.0) 2,81(),Cs7 REUSE SERVICE CONNECTION DOUBLE 2" SERVICE 2 EA 495 00 990.00 REUSE SERVICE SPRINKLER HOSE B!88 ASSSLY 10 EA 235.00 1,350x.00 4"90 DEGREE BEND 2 EA, 330.110 60C.Q0 CONNECT TO EXIS I ING LINE 1 EA 490.00 490:30 4" END CAP i EA 335.00 335.00 2" BLOWOFF ASSEMBLY 1 EA 1,205,00 1,285.00 TOTAL TAYLOR AVENNE 14,51 ti, 00 JOHNSON AVENUE 4" PVC REUSE LINE 219 LF 18.00 4,161.00; CONSTRUCTION SURVEY 1 LS 75.00 75.00 TRAFFIC MAINTENANCE 1 LS 100.00 100,00 REUSE LINE TESTING 1 LE' 440,00 440.00 REUSzE SERVICE CONNECTION SINGLE 1" 4 EA 435.00 1,740= REUSE SERVICE CONNECTION DOUBLE 2" SERVICE 1 F_A 495.40 495.0-0 REUSE SERVICE SPRINKLER HOSE 8!SS ASSBLY 6 EA 135,00 810.00 4" 90 DEGREE BEND EA 330.00 330.00 CONNECT TO EXISTING LINE 1 EA 490.00 480.00 4" END CAP 1 EA 335.00 335.0(1 2" BLOWOFF ASSEMBLY 1 EA, 1,286.00 1,288.00 TOTAL JOMNSON AVENUE {,:28.1.00 TOTAL PROPOSAL 50, 157.00 Pax: (40^) 862.1064 871 Sunshim Lane, Suite 105, Altamonte SpriLgs, FI :3271.4 Pjjo e: (407 ) 862-62901 DEC -01-2004 'L4!'9 11PING TECHNOLOG ? ES 40^ 262 1'-;-4 P. _31 03 We have maintained the current pricing structure as in our original, However, we added an item for the 2" double services that were not an item in our original contract. We look forward to the opportunity to working with you on this additional work. it you have any question please do not hesitate to contact me. Sincerely, WIRING TECHNOLOGIES, INC. Larry B. Morris Division Manager UNIties & Directional Drilling Cc: Walt Bandish — Assistant Public Works Director City of gape Canaveral Fax: (407) 862-1 +64 871 SiawWnc Lane, Suite 105, Altamonte Springs, Fi 32%13 Mont; ;407) $62-629t) TOTH- P.0 City of Cape Canaveral Reclaimed (Re -Use) Water Line Extension Brevard County, Florida SSA Job No. 04-0002 BID SCHEDULE ITEM QTY UNIT DESCRIPTION UNIT PRICE PRICE 1. 1 L.S. Mobilization $ Uo.w 2. 1 L.S. Construction Survey $ 1 L«c•— $ 1 eon •• 3. 1 L.S. Traffic Maintenance Aco,- 4. 1 L.S. Re -Use Line Testing $ `oo•" $ $`r"•M 5. 5,704 L.F. 4" PVC 6. 1 EA. 8" x 4" Cross $ gao••' S Yeo•" 7. 4 EA. 6" x 4" Cross $ '150 • w $ 3000 . oe 8. 2 EA. 6" x 4" Tee 9. 1 EA. 6" Butterfly Valve S t 53o.w• S I S3o.e• 10. 1 EA. 8" Butterfly Valve S l 8 (co. e. S11 6v.00 11.. 10 EA. 4" x 45° Bend $ 3as— $ 3asn--,. 12. 4 EA. 4" x 22-1/2) Bend $ 33o . e• $ 13a d. a 13. 5 EA. 4" End Cap S a 35. 06 14. 5 EA. 2" Blow -Off Assembly fort-ks.e• 15. 2 EA. Connect New 4" Reuse Main to Existing 4" Gate Valve 4-101 Do 16. 1 EA. Remove Existing 4" Plug and Connect Proposed 4" Reuse Main $ L4g0• oo S 49.D,00 17. 1 EA. Remove Existing 6" Cap $ 300• co 18. 147 EA. Re -Use Service Connection (Single) 0") $ 435.vo S te3i44S.o� 19. 147 EA. Re -Use Service Sprinkler/Hose Bibb Assembly S 13�.0o S 1984.1 v'0 Total S Z31, &3 �• (In words) j u.x� !i u.• �-Q ! %►�il l�w�`i 1,+ns...f Ei�1+4 N.,.�.lJ C+Yh � s► x 170)1&e l �a c�� $ 2- � �, 8�(,•-+• Acknowledgment is hereby made of the following Addenda received since issuance of Plans and Specifications: Addendum No. �_ Dated: 41 k Addendum No. Dated: Addendum No. Dated: --F Addendum No. Dated: NOTES: 1. Bid price includes applicable appurtenances to make proper connection of proposed reuse mains to existing reuse mains. Removed blow -off assembly and other appurtenances shall become property of City of Cape Canaveral Public Works Department. 2. Bid price includes removal and restoration of existing asphalt and base pavement, concrete curb and gutter, and concrete sidewalk, as applicable. 3. Quantities shown are estimated quantities for bidding purposes only. Actual quantities shall be field measured and shall be paid to Contractor based on specified Unit Price for bid item. BID 00300-3 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Considerations Item 7 No. Joseph Roviaro of Luke Transportation Engineering will be in attendance to answer any questions about this AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FROM LUKE TRANSPORTATION TO PRESENT A CONCURRENCY MANAGEMENT UPDATE AND AN ACCESS MANAGEMENT WORKSHOP DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of a proposal from Luke Transportation Engineering Consultants in the amount of $8,000 for the presentation of a concurrency management system update and development of an access management workshop for Astronaut Blvd. and N. Atlantic Avenue (old 401), as requested by the Planning & Zoning Board. Summary Explanation & Background: See attached proposal. Joseph Roviaro of Luke Transportation Engineering will be in attendance to answer any questions about this proposal. This is not a budgeted item and $8,000 will have to be appropriated from the General Fund. I recommend approval. Exhibits Attached: Proposal City Mana Mce Department GROWTH MANAGEMENT/P&Z cap im\ ydo e admin\council\meeting\2004\12-07-04\luke m§ Mr. Bennett C. Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 ;?"c £i ?tTi`cr'T41{3t °Yakieerin �•plai?'"ing November 18, 2004 Via Email: boucher-cape@cfl.rr.com Re: City of Cape Canaveral - Concurrency Management System Update, Astronaut Boulevard (SR AIA) and North Atlantic Avenue Access Management Workshop (LTEC #04-4903) Dear Mr Boucher: I'm pleased to submit this proposal for presenting a Concurrency Management System Update and development of an Access Management Workshop for Astronaut Boulevard (SR AIA) and North Atlantic Avenue, as part of the Continuing Services Contract. SCOPE OF WORK Task 1.0: Review Existing Configuration and Data Collection The Consultant will review existing plans for Astronaut Boulevard (SR AIA) and North Atlantic Avenue and conduct afield review of each facility. For Astronaut Boulevard (SR AIA), study area limits will be from the George J King Boulevard overpass bridge to Central Boulevard. For North Atlantic Avenue, study area limits will be from George J King Boulevard to Astronaut Boulevard (SR AIA). A scaled drawing depicting existing driveway connections along both roadways will be prepared. Traffic count data will be made up of data available through the City from previously submitted traffic studies. No supplemental traffic counts will be conducted for this work effort. Task 2.0: Review Florida DOT Current Access Management Standards The consultant will review the Florida DOT access management standards and will prepare a summary comparing the various access management standards as they may apply to Astronaut Boulevard (SR AIA) and North Atlantic Avenue. C. ILTEC104 LTEC Proposah044903 AIA and Atlantic Ave A—s—pd 11119/04 po box 941556 maitland florida 32794-1556.29 east pine street orlando florida 32801 [phone] 407 423 8055 [fax] 407 423 8022 Mr. Bennett C. Boucher November 18, 2004 LTEC 004-4903 Page 2 Task 3.0: Coordinate with Public Agencies The consultant will meet with representatives from Florida DOT, Brevard Metropolitan Planning Organization (BMPO) and the Cape Canaveral Port Authority to review and discuss any plans for the Astronaut Boulevard (SR AIA) and North Atlantic Avenue corridor. Discussions with the Port Authority will include the Authority's long range plans for expanding utilization of the port facilities. Task 4.0: Coordination with City Staff The Consultant will coordinate with the City to obtain plans for approved developments fronting both Astronaut Boulevard (SR AIA) and North Atlantic Avenue. The Consultant will also review available traffic studies prepared for these developments. The Consultant will obtain existing land use designation and allowable densities along both study roadways in order to develop a trip generation table of the existing and remaining land use parcels. City staff will be consulted to help identify any specific plans, major issues and/or alternate routes to take into consideration. Potential increases in traffic from the Cape Canaveral Port Authority will also be developed. Task 5.0: Public Workshop The Consultant will coordinate with the City to attend a joint City Council and P&Z workshop. The intent of this workshop is twofold. The first purpose id to provide an overview and update of the City's Concurrency Management System./ The second purpose is to present the findings and address any comments or questions regarding access along Astronaut Boulevard (SR AIA) and North Atlantic Avenue. The Consultant will prepare a set of graphics and participate in a public workshop in an attempt to reach a consensus regarding the options available for Astronaut Boulevard (SR AIA) and North Atlantic Avenue Access Management Strategy Plans. Task 6.0: Supplemental Meetings This task will include any meetings over and above those enumerated in Tasks 1-5. Examples of these supplemental meetings are extra public workshop meetings with homeowners/business owners or City Council meetings that are rescheduled due to a continuance. Task 7.0: Additional Services This task will include any services over and above those enumerated in Tasks 1 —6. Additional services will also include traffic counts, or additional analysis. Additional services will be initiated only upon the City's direction, and will be completed based on the terms of the Continuing Services Contract with the City. C: ILTEC104 LTEC Proposa11044903 AIA and Atlantic Ave Ac—wpd 11119104 po box 941556 maitland florida 32794-1556.29 east pine street orlando florida 32801 [phone] 407 423 8055 [fax] 407 423 8022 Mr. Bennett C. Boucher November 18, 2004 LTEC #04-4903 Page 3 FEE The fee for Tasks 1 — 5 will be based on a fixed fee of $5,000, a break down by task is indicted below. Additional Services will be completed based on a fee approved by the Client prior to initiation of such work. Task 1.0: Review Existing Configuration and Data Reduction ............. $1,800 Task 2.0: Review Florida DOT Current Access Management Standards ....... $500 Task 3.0: Public Agencies .......................................... $2,200 Task 4.0: Coordination with City Staff ................................ $1,300 Task 5.0: Public Workshop ......................................... $2,200 TOTAL.......................................$8,000 Task 6.0: Supplemental Meetings (Hourly) See Attached Rate Sheet Task 7.0: Additional Services ( Fees to be determined per work task effort) If you are in agreement with this proposal, please contact me to determine a schedule. I hope to have the opportunity to provide these services to you and the City. Respectfully, LUKE TRANSPO TION ENGINEERING CONSULTANTS Joseph T. Roviaro, AICP Director of Transportation Planning C. ILTEC104 LTEC Proposal1044903 AIA and Atlantic Ave Access.wpd 11/19/04 po box 941556 maitland florida 32794-1556 .29 east pine street orlando florida 32801 [phone] 407 423 8055 [fax] 407 423 8022 HOURLY RATE SCHEDULE Principal Hourly Rate $ 125.00 Senior Planner/Engineer $ 104.00 Planner/Engineer $ 84.00 Senior Technician $ 52.00 Secretary $ 46.00 Enumerator/Surveyor $ 28.00 DIRECT COSTS Direct costs are included in the above rates. Q ILTECI04 LTEC Proposa11044903 AIA and Atlantic Ave Access. wpd 11119104 po box 941556 maitland florida 32794-1556.29 cast pine street orlando florida 32801 [phone] 407 423 8055 [fax] 407 423 8022 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Resolutions Item g No. Resolution No. 2004-15 and supporting documents AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-15, OFFICIALLY NAMING TIN ROOF AVENUE DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider adoption of Resolution No. 2004-15, officially naming Tin Roof Avenue located within the Oak Park subdivision. Summary Explanation & Background: See attached. Exhibits Attached: Resolution No. 2004-15 and supporting documents City Ma r Office Department PUBLIC SAFETYBUILDING DEPT. kim\m documen admin\council\meeting\2004\12-07-04\2004-15.doc RESOLUTION 2004-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING TIN ROOF AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has been requested to officially name one (1) private roadway which is more particularly depicted on Exhibit "A," which is attached hereto and fully incorporated herein by this reference; and WHEREAS, the name Tin Roof Avenue has been approved by Brevard County for assignment; and WHEREAS, the assignment of the name is as set forth herein; and WHEREAS, the City Council deems it to be in the best interests of the health, safety, and welfare of the citizens of Cape Canaveral to officially name this private roadway to improve location identification for 911 purposes. 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 hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Naming of Private Roadway. The City of Cape Canaveral hereby officially names and assigns the name Tin Roof Avenue to the private roadway which is more particularly depicted on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. By naming this private roadway, the City of Cape Canaveral accepts no maintenance responsibilities for said private roadway. It shall be the property owner's responsibility to place the appropriate street signs and keep said private roadway clear and accessible for emergency vehicles. Section 3. Official Brevard County Maps. The City Clerk is hereby directed to request the Board of County Commissioners of Brevard County, Florida, to place this newly named private roadway on the official maps of record. City of Cape Canaveral, Florida Resolution No. 2004-15 Page 1 of 2 Section 4. 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 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Recordation. The City Clerk is hereby directed to promptly record this Resolution in the Public Records of Brevard County, Florida. Section 7. 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 , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Steve Miller Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral, Florida Resolution No. 2004-15 Page 2 of 2 1 Page 1 of 1 http://www.fcn.state.fl.us/cape/images/Street%20Map.jpg 4/22/2004 Ir To: Susan Stills, City Clerk City of Cape Canaveral From: James Watson, Building Dept! � Date: April 13, 2004 Re: Street Resolutions I am requesting a resolution for the following new street located in Oak Park Tin Roof Avenue Legal description: 24-37-14-00-00254.0-0000.00 Any question please feel free to contact me. 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 APR -09-2004 12:34 BREUARD CO BLDG CODE 321 633 2387 P.01 EVAR(a BOARD OF COUNTY COMMISSIONERB FLORIDA'S SPACE COAST PERMITTING & ENFORCEMLNT DEPARTMENT building Code 2725 Judge Fran Jamieson way, Bldg, A Vim, Florida 32940 April 8, 2004 Jim Watson City of Cape Canaveral Building Department 105 Polk Avenue -- Cape Canaveral, FL 32920 RE: Street Name Request: (T24 -R37 -S14) Oak Park Dear Mr. Watson: Telepkoae: (321) 633-2072 Fax: (321)633-2087 The below listed street names are approved and will be held in reserve status for a period of two years. If these names are not implemented within this time frame and another customer requests the names, they will be released for their use. Therefore, if the Developer still wants to utilize the street names, they need to contact this office to re -reserve the names. �L TIN ROOF As a result of a preliminary review, our Address Assignment section was able to eliminate (Shutter) due to duplication within a mutual emergency response area prior to submitting to the E 9-1-1 office, If this development is not to be recorded, your city council needs to complete (and record with the clerk's office) a resolution or ordinance to assure placement of the new street names on the official maps of record. Upon receipt of the recorded document our Address Assignment section will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. Upon recording of the Plat, the developer must provide one copy of the recorded document to our Address Assignment section for addressing and 9-1-1 purposes. Upon receipt of the reco-wed plat, they will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. PRINTED CW RCC=an PA112A HRR -05-2004 12:35 BREOARD CO BLDG COLE 321 533 2387 p.02 Street Name Request April 8, 2004 Page 2 Your continued cooperation is appreciated. If further assistance is required, please contact Regina R. Braun, Lead Address Technician at (321) 633-2061. Sincerely, Carroll R. Brown, Building Official Brevard County Building Code CRB:rrb TOTS R.02 Page 1 of 1 ick Action: I Parcel Info Distance F77BView Dmem � &l�t�rR e IM. ( Map (-Aerial Locate - Parcel ID Zoom to Brevard Printable Version — --�- Check below then Update- 'Jlac[Y,00c L.G r'. Parcels r ZonCnty ZonCity r GolfCour r Schools Libraries RoadNames f Sections F Water Help Legend http://www.brevardpropertyappraiser.com/scriptslesrimap.dll?Name=Brevardl &Cmd=zoo... 4/22/2004 Page 1 of 1 ick Action: J.Parcel Info A Distance 10 View Demem Zbm" tAsWV ., C'Map r, Aerial F 260 1 0 Locate — Parcel ID 1 Zoomm t° rou 16 Brevard Cou Printable Version Bio ",, 4��, Map F SHOREWOOD DR Check below then Update- Parcels r ZonCnty ZonCity r GolfCoui Schools r Libraries F RoadNames F Sections Water Too -VD 8 188 186 1184 4188 y 182 1181 1188 1120 128 1127 4128 } 126 1124 1 12. �'zI 122 Help Legend http://www.brevardproper-tyappraiser.com/scriptslesrimap.dll?Name=Brevard 1 &Cmd=zoo... 4/7/2004 Brevard County Property Appraiser-- Online Real Estate Property Card 4i'm FOXA C.R. aff4uWA coaatw F1 [Home] [Meet JimFord] [Appraiser's Job] [FAQ] [General IRM [Save Our Homes] [Exemptio_n, [tangible Property] [Contact Us] [Locations] [Forms] [Appeals] [Property Research] [Map Search] [Maps &_Data] [Unusable Property] [fax Authorities] [fax Facts] [Economic Indicators] [_Office Au_d_it] [What's New] [Links] [Press Releases] [Tax Estimator] General Parcel Information for 24-37-14-00-00254.0-0000.00 Id: 1124-37-14-00-00254.0- ion:IlllUse Code: Page 1 of 2 * Site Address: Tax 2429166 Account: • Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: OAK PARK OF BRR VARD INC Second Name: $143,020 Third Name: $0 Mailing 100 RIALTO PLACE Address: SUITE 500 �ity,State,�JMELBOURNE, FL i code:32901 2616/2247 Value Summary for 2003 ** Market Value: $143,020 A ricultural Assessment: $0 Assessed Value: $143,020 Homestead Exemption, $0 Other Exemptions: $0 Taxable Value: $143,020 Legal Description S 20 AC OF N 25 AC OF SE 1/4 OF NW 1/4 EX ORB 1415 PG 60 Land Information Acres: 17 3.39 Site Code: 1 _3.4_1_ Land Value: J1 $143,020 "This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Book/Page Sale Date Sale Amount Deed Type *** Sales Screening Code *** Sales Screening Source Vacant/Improved 4501/3330 12/2001 $225,000 WD 04 O1_ V 3274/4945 12/1992 $10,000 QC V 2616/2247 7/1985 $131,9000- - E�E� http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2429166&gen=T&ta... 4/7/2004 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information PoolI Fireplace FenceI Driveway Lawn Irrigation IShed Dock Seawall E:] [No $494.34 o o No No No Tax Levied by Taxing Authorities for 2003 Taxing Authorities Taxes Billed Ad Valorem County l $771.60 School $1,202.08 City/MSTU $494.34 Water Ma na ement $66.08 SP District--------][ $5.51 Debt Payment $65.58 Total Ad Valorem $2,605.19 Fee Agencies =Fees Non Ad Valorem SW Dis osal $0.00 SW Collection $0.00 Recycling $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPK/BFOOT $0.00 WTRBa tree/Viera Special Di 1 $0.00 Total Non Ad Valorem $0.00 Total 1 $2,605.19 lief uAd���tli=Ritrgiuy [_Home] [Meet JimFord] [Appraiser's Job] LFAQJ LGeneral_191 [Save_Our Homes] )Exemptions] [fang ble_Pr�e_rty] [Contact Us] [Locations] [Forms] [Appeals] Loperrtt r Research] [Map Search] [Mates _& Data] (_Unusable Property] [Tax Authorities] [fax Facts] [Economic Indicators] [Office Audit] BMat's_Newl [Links] [Press Releases] [fax_ Estimator] Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2429166&gen=T&ta... 4/7/2004 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Resolutions Item q No. Resolution No. 2004-15 and supporting documents AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-16, OFFICIALLY NAMING ANCHORAGE AVENUE DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider adoption of Resolution No. 2004-16, officially naming Anchorage Avenue located within the Villas at the Port subdivision. Summary Explanation & Background: See attached. Exhibits Attached: Resolution No. 2004-15 and supporting documents City Ma Office Department PUBLIC SAFETY/BUILDING DEPT. \meeting\2004\12-07-04\2004-lb.00c RESOLUTION 2004-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OFFICIALLY NAMING ANCHORAGE AVENUE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL IN THE VILLAS AT THE PORT, TEUTONS SUBDIVISION, AND MORE PARTICULARLY DEPICTED ON EXHIBIT "A" ATTACHED HERETO, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PLACE THE NAMED PRIVATE ROADWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has been requested to officially name one (1) private roadway which is located in the Villas at the Port, Teutons Subdivision, recorded in Plat Book 0001, Page 0022, of the Public Records of Brevard County, Florida, which is more particularly depicted on Exhibit "A," which is attached hereto and fully incorporated herein by this reference; and WHEREAS, the name Anchorage Avenue has been approved by Brevard County for assignment; and WHEREAS, the assignment of names is as set forth herein; and WHEREAS, the City Council deems it to be in the best interests of the health, safety, and welfare of the citizens of Cape Canaveral to officially name these private roadways to improve location identification for 911 purposes. 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 hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Naming of Private Roadways. The City of Cape Canaveral hereby officially names and assigns the name Anchorage Avenue to one (1) private roadway located in the Villas at the Port, Teutons Subdivision plat, recorded in Plat Book 0001, Page 0022, of the Public Records of Brevard County, Florida. Said name and corresponding private roadway is more particularly depicted on Exhibit "A," which is attached hereto and fully incorporated herein by this reference. By naming this private roadway, the City of Cape Canaveral accepts no maintenance responsibilities for said private roadways. It shall be the property owner's responsibility to place the appropriate street signs and keep said private roadway clear and accessible for emergency vehicles. City of Cape Canaveral, Florida Resolution No. 2004-16 Page 1 of 2 Section 3. Official Brevard County Maps. The City Clerk is hereby directed to request the Board of County Commissioners of Brevard County, Florida, to place this newly named private roadway on the official maps of record. Section 4. 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 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Recordation. The City Clerk is hereby directed to promptly record this Resolution in the Public Records of Brevard County, Florida. Section 7. 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 , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Steve Miller Jim Morgan Buzz Petsos APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY Rocky Randels OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral, Florida Resolution No. 2004-16 Page 2 of 2 Page 1 of 1 http://www.fcn.state.fl-us/cape/images/Street%20Map.jpg 4/22/2004 To: Susan Stills, City Clerk City of Cape Canaveral From: James Watson, Building Dept' Sia Date: April 13, 2004 Re: Street Resolutions I am requesting a resolution for the following new street located in Villas @ the Port. Anchorage Avenue Legal description: 24-37-14-28-00000.0-OOOA.24 Any question please feel free to contact me. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1.222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rccom APR -07-2034 11:37 BREUARD CO BLDG CODE 321 633 2287 P.01 EVAR CIM" BOARD OF COUNTY COMMISSIONER PZRMlTT[NG& ENFORCEMENT OEPARTM ENT BVMr,e Cain 27251v4pr Frtn h"asoa Way, Bldg. A. Viers. Florida 32060 April 7, 2004 Jim Watson City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 FLORIDA'S SPACE COAST Trkph"e: (32 1) 633-20?2 Fix: (321)633.'807 RE: Street Name Request: (T24 -R37 -S14) The Villas at the Port Dear Mr. Watson: The below listed street names are approved and will be held in reserve status for a period of two years. If these names are not implemented within this time frame and another customer requests the names, they will be released for their use. Therefore, if the Developer stilt wants to utilize the street names, they need to contact this office to re -reserve the names. 1 ANCHORAGEago" As a result of a preliminary review, our Address Assignment section was able to eliminate (The Captain's) due to duplication within a mutual emergency response area prior to submitting to the E 9-1-1 office. The E 9-1-1 office has denied (Sea Ray and Lighthouse) due to duplication and/or similar sounding within a mutual emergency response area, if you have any questions regarding this denial, you may contact the E 9.1-1 office at (3.21) 690-6846. If this development is not to be recorded, your city council needs to complete (and record with the clerk's office) a resolution or ordinance to assure placement of the new street names on the official maps of record. Upon receipt of the recorded document our Address Assignment section will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. PkINTELWkEcya DPAPER HPR-07-2004 11:37 BRE.;ARD CO BLDG CODE 721 633 2387 P.02 Street Name Request April 7, 2004 Page 2 Upon recording of the Plat, the developer must provide one copy of the recorded document to our Address Assignment section for addressing and 9-1-1 purposes. Upon receipt of the recorded plat, they will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. Your continued cooperation is appreciated. If further assistance is required, please contact Regina R. Braun, Lead Address Technician at (321) 633-2061. Sincere (� ate- Se - Carroll R. Brown, Building Official Brevard County Building Code CRB:rrb TOTLL P.32 Brevard County Property Appraiser-- Online Real Estate Property Card .dim FairAlli C.F.& [Home] [Meet JimFord] [Appraiser's Job] [FAQj [General Info] Lave Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] jFormsj jAppe_als] [Property Research] jMap Search] [Maps- 8Data] [_U_n_usable Property] [fax Authorities] [Tax Facts] jEconomlc Indicators] [_Office Audit[ [Mats New] [_Links] [Press Releases] (Tax Estimator] General Parcel Information for 24-37-14-28-00000.0-OOOA.24 Id: 11000A.24 -28-00000.0- JIM, PIICodeg :IIIIUse Code: Page 1 of 2 * Site Address: KELSTAR BUILDING Tax 2442538 Account: Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Value Summary for 2003 ** Market Value: KELSTAR BUILDING Owner Name: CORP Second Name: $246,610 Third Name: Mailing 5604 N ATLANTIC Address: AVENUE City, State, COCOA BCH, FL Zipcode: 32931 Value Summary for 2003 ** Market Value: $246,610 A ricultural Assessment: $0 Assessed Value: $246,610 Homestead Exem tion: $0 Other Exemptions: $0 Taxable Value: $246,610 Legal Description View Plat (requires Adobe Acrobat Reader - file size may be large) Land Information Acres: 2.53 Site Code: 1 PART OF N Plat $246,610 165 FT OF LOT Book/Page: TEUTONS A LYING W 0001/0022 SUBD OF SR 401 AS Screening Vacant/Improved IN ORB Date Amount 1DESC 3271 PG 656 View Plat (requires Adobe Acrobat Reader - file size may be large) Land Information Acres: 2.53 Site Code: 1 _341_ Land Value: $246,610 "This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information http:/1www.brevardpropertyappraiser.com/asp/Show_p *** Sales *** Sales OR Sale Sale Deed Screening Screening Vacant/Improved Book/Page Date Amount Type Code Source 4743/2416 11/2002 $300,000��� V 4753/2011 11/2002 $500,000 WD 99 08 V 3271/0656 2/1993 $95,000 0� 00 V arcel.asp?acct=244253 8&gen=T&t... 4/13/2004 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 ■** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. Extra Feature Information PoolI Fireplace IFenceI Driveway Lawn Irrigation IShed Dock Seawall No No 1No Ci /MSTU No INo No No No Tax Levied by Taxing Authorities for 2003 Taxing Authorities Taxes Billed Ad Valorem County $1,330.48 School $2,072.75 Ci /MSTU $852.38 Water Management $113.93 SP District $9.49 Debt Payment $113.07 Total Ad Valorem $4,492.10 Fee Agencies Fees Billed Non Ad Valorem SW Dis osal $0.00 SW Collection $0.00 Rec clin $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPiFMFOOT $0.00 WTR/Ba tree/Viera Special Dist. $0.00 Total Non Ad Valorem Total $4,492.10 Data Last Updated: Monday, April 12, 2004- Printed On: Tuesday, April 13, 2004. I �g9V g �g �wi•°Y''}9'R"�� ^ i lig{ppa���q itis S��i� �:. i [Home] [Meet JimFord] [Appraiser's Job] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Tangible Property] [Contact Us] [Locations] [Forms] [Appeals] [PropertyResearch] [Map_Searchj [Maps &_Data[ [Unusable Properly] [fax Authorities] [Tax Facts] [Economic Indicators] LOffice Audit [What's New] [Links] [_Press Releases] [fax Estimator] Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://www.brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=244253 8&gen=T&t... 4/13/2004 Page 1 of 1 . • � �u � _ � a �_ �1�111�1�1111111�1� Map (7 Aerial IC a OF - — • - ••_ - ZonCnty �ter■ i; �■��■■��F Schools �f�� sF RoadNames 177 Sections F Water owlHelp Legend rti i. ����i - lily N\•fir '�~ http://www.brevardpropertyappraiser.com/scriptslesrimap.dll?Name=Brevardl &Cmd=zoo... 4/13/2004 Click Action: I Parcel Info Distance 0 iew Deaesse 1 1 all Range Hie [(V Map r Aerial 422 A1B 21 A01 � 2 2 2a 27 2B u A 0 Page 1 of 1 z Locate Parcel IDS ,dw'�iE4l"�Il'ii1VM s APOR r. Zoom to Brevard County Printable Version Map m Check below then Update - F Parcels r ZonCnty A ° F ZonCity r GolfCour 2 r Schools F Libraries AOF A+8 , 1✓ RoadNames F Sections HARBOR aR� r Water " . e ..4 A09 � 8 Help Legend L EL12A A Sao http://www.brevardpropertyappraiser.com/scripts/esrimap.dll?Name=Brevardl &Cmd=We... 4/22/2004 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Resolutions Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-43, FINAL RE -PLAT OF "BEACHSIDE TOWNHOMES" DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2004-43 approving the final re -plat of "Beachside Townhomes" as recommended by the Planning & Zoning Board. Summary Explanation & Background: This item was not acted upon due to a lack of a quorum on 11-16-04. See attached information. Exhibits Attached: Resolution No. 2004-43 City Mana ffice Department GROWTH MGMT/P&Z 1-11 c m\myd c dmin\council\meeting\2004\12-07-04\2004-43.doc RESOLUTION 2004-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE FINAL RE -PLAT OF `BEACHSIDE TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John I Johanson ("Johanson") is the owner of real property located within the City of Cape Canaveral and generally described as lots 13, 14, and 15, of Block 5, AVON -BY -THE - SEA, Brevard County, Florida, and WHEREAS, Johanson, in accordance with Chapter 98 of the City's Code of Ordinances and Chapter 177 of the Florida Statutes, has sought approval to re -plat the property more specifically described in Exhibit "A", the same is incorporated herein by this reference and made a part hereof, and to be known as `Beachside Townhomes"; and WHEREAS, Johanson has complied fully with the platting procedures of the City of Cape Canaveral and that of the State of Florida and has received a recommendation of approval from the City's Planning & Zoning Board, this re -plat is approved. WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Re -Plat Approval. The final re -plat for Beachside Townhomes, a copy of which is attached hereto as Exhibit "B" and is incorporated herein fully by this reference, is approved Section 3. Signature Approval.. The Mayor and City Clerk are hereby authorized to execute said plat on behalf of the City of Cape Canaveral. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by 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. City of Cape Canaveral, Florida Resolution No. 2004-43 Page 1 of 2 Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 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 , 2004. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan SUSAN STILLS, City Clerk Buzz Petsos Rocky Randals Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral, Florida Resolution No. 2004-43 Page 2 of 2 Date: October 18, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Beachside Townhomes - Final Replat The Planning & Zoning Board recommended approval of the Beachside Townhomes Final Replat at the meeting held on October 13, 2004. Please schedule this plat on an upcoming City Council meeting agenda. You already have the milar and I have enclosed five copies of the plat for the Council packets. Thanks, Susan L. Chapma P & Z Board Secretary Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Resolutions Item 11 No. Funding for this program should come from Federal and State hurricane proceeds. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-45, ENCOURAGING THE STATE TO ESTABLISH A PROGRAM TO PROVIDE FINANCIAL INCENTIVES FOR CONTRACTORS AND THEIR CLIENTS TO USE CONSTRUCTION TECHNIQUES AND MATERIALS FOR RECONSTRUCTION DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: The City Council consider the adoption of Resolution No. 2004-45, encouraging the State of Florida to establish a pilot program or grant program that provides financial incentives for contractors and their clients to voluntarily use certain construction techniques and materials during reconstruction following natural disasters, as recommended by the Florida League of Cities. Summary Explanation & Background: Funding for this program should come from Federal and State hurricane proceeds. Copy of this resolution will be forwarded to: • Lieutenant Governor of the State of Florida, • Secretary of the Florida Department of Community Affairs, • Building Officials Association of Florida, and • Florida League of Cities I recommend approval. Exhibits Attached: Resolution No. 2004-45 City Magag!r' ffice _ —� Department PUBLIC SAFETY/BUILDING DEPT. ^ ca im y oc en in\council\meeting\2009\12-07-04\2004-45.doc RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ENCOURAGING THE STATE OF FLORIDA TO ESTABLISH A PILOT PROGRAM OR A GRANT PROGRAM THAT PROVIDES FINANCIAL INCENTIVES FOR CONTRACTORS AND THEIR CLIENTS TO VOLUNTARILY USE CERTAIN CONSTRUCTION TECHNIQUES AND MATERIALS DURING RECONSTRUCTION FOLLOWING NATURAL DISASTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR CONFLICTS WITH PRIOR RESOLUTIONS. WHEREAS, natural disasters, especially hurricanes, wildfires, and floods, produce substantial social and economic losses each year in cities, towns, and villages across the State of Florida; and WHEREAS, these disasters often result in substantial damage and destruction and resulting reconstruction of homes and businesses in Florida's cities, towns and villages; and WHEREAS, there are proven construction techniques and materials that can minimize a home or building's vulnerability to these events and can thereby improve a city's ability to timely respond to these disasters; and WHEREAS, while these techniques and materials are not necessarily expensive, they can have an impact on the affordability of reconstruction following these events; and WHEREAS, research and studies have found that financial incentives can encourage contractor and their clients to voluntarily use these techniques and materials during reconstruction following these disasters; and City of Cape Canaveral, Florida Resolution No. 2004-45 Page 2 of 3 WHEREAS, local building departments are in a position to help assure financial incentives received by contractors and their clients are devoted to these construction techniques and materials during reconstruction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida: Section 1. That the State of Florida devote a portion of federal and state proceeds resulting from Hurricanes Charley, Frances, Ivan, and Jeanne to establish either a pilot program or a grant program administered by participating local building departments that provides financial incentives for contractors and their clients to voluntarily use proven construction techniques and materials during reconstruction that minimize a home or building's vulnerability to natural disasters. Section 2. That a copy of this resolution be forwarded to the Lieutenant Governor of the State of Florida, to the Secretary of Florida's Department of Community Affairs, to the Building Officials Association of Florida, and to the Florida League of Cities, Inc. Section 3. That this resolution shall take effect immediately upon its passage and shall prevail over any previous Resolutions to the extent of any conflict. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 7th day of December, 2004. City of Cape Canaveral, Florida Resolution No. 2004-45 Page 3 of 3 ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Steve Miller James Morgan Buzz Petsos Rocky Randels Approved as to Form: Anthony A. Garganese, City Attorney Memorandum TO: Key Officials FROM: Michael Sittig, Executive Director DATE: November 23, 2004 RE: Sample Resolution Supporting Financial Incentives for Disaster Recovery The Florida League of Cities' Board of Directors adopted the attached resolution on November 18, 2004 regarding financial incentives for disaster recovery. The Institute for Business and Home Safety (IBHS) is a non-profit association whose membership are primarily insurers. The mission of IBHS is to reduce deaths, injuries, property damage, economic losses and human suffering caused by natural disasters. As a part of its mission, IBHS works to encourage the incorporation of the latest disaster -resistant features into model building codes. Please share this resolution with your council or commission, and forward it to your staff responsible for building safety, hurricane or natural disaster recovery, and code enforcement. We believe this Institute will be a valuable resource in your disaster recovery preparation, training and use. The Institute for Business and Home Safety (IBHS) web site is www.IBHS.org. If you have any questions regarding this resolution, please contact Scott Dudley at the Florida League of Cities office at (800) 342-8112 or email at sdudley@flcities.com. Thank you for your assistance. 301 South Bronough Street *Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone (850) 222-9684 ♦ Suncom 278-5331 ♦ Fax (850) 222-3806 Website: www .cines. corn Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Ordinances -2nd Reading Item 12 No. been stabilized with pavers and an emergency gate that has fire department approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 10-2004, VACATING A PORTION OF HARBOR DRIVE RIGHT-OF- WAY DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider adoption of Ordinance No. 10-2004, vacating a portion of Harbor Drive between Lots 19 and 100. Petitioners are David Eppley and Rhonda Lee. Summary Explanation & Background: The Planning and Zoning Board approved this item with conditions outlined in Section Two of this ordinance. The City Council approved the public ingress/egress and utility easements on August 3, 2004. The easement has been stabilized with pavers and an emergency gate that has fire department approval. I recommend approval. Exhibits Attached: Ordinance No. 10-2004; Minutes of 05-04-04; Background documents City Mana�ffice Department ADMINISTRATION Al ®® Memo Date: November 16, 2004 To: Bennett Boucher, City Manager From: Todd Morley, Building Official4�/ RE: Emergency access gate at Mystic Vistas (Villages of Seaport) Per conditions of Site Plan approval at Mystic Vistas, the emergency access gate located at the East end of Harbor Dr., has been constructed and approved by the Building and Fire Departments. This approval was required prior to the Certificate of Occupancy, which was issued on November 3, 2004. CITY COUNCIL REGULAR MEETING Page 1 of 2 9. Motion fa1lto Approve: Ordinance No. 10-2004; Vacating a Portion of Harbor Drive Right of Way, at first reading. Mayor Randels read Ordinance No. 10-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT-OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS RECORDED IN PLAT BOOK 15, PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. Applicants David Eppley and Rhonda Lee made a request for the City to vacate a portion of a right-of-way at the end of Harbor Drive. Mr. Morgan asked if the easement ran down the center of the 80 -foot right-of-way? Mayor Randels affirmed. Attorney Tony Hernandez spoke on behalf of the Eppley's of 395 Harbor Drive, Lot 100. He stated that the Lees reside at 400 Harbor Drive to the east on Lot 19. Mr. Hernandez pointed out that property owners on both sides are aware that emergency situations would necessitate access. Mr. Hernandez pointed to an unfinished sidewalk and proceeded to outline the benefits for the City as: 1) beautification of the area, 2) continued maintenance that is currently performed by the Eppleys and the Lees, 3) the issue of liability due to an existing wall that constitutes an attractive nuisance, such liability would fall on the property owners through homeowner policies, 4) private ownership would result in enforceable trespass laws and 5) the property would revert to the tax rolls. Mr. Hernandez referred to a memorandum dated March 13, 1991 from City Manager, Ed Spenik that informed that resident did not desire on street parking in the area. He submitted to the Council that the Eppleys and the Lees are committed to enhancing the aesthetic qualities of the property. Mr. Boucher informed that there is a 20 -inch water main on the property. Mr. Bandish concurred. The easement includes all utilities. Mr. Morgan expressed that he was in favor of the vacation and asked if the 20 -foot piece of property would have an established surface. Mr. Hernandez related from Chief Sargeant that the surface did not have to be paved however landscaping aesthetics would follow. He replied to Mr. Morgan that he would comply with any State regulations regarding the 20 -foot piece of property. Mayor Pro Tem Hoog asked if the chain link gate would remain. Mr. Hernandez replied that any installed gate would be approved by the Fire Department. Mr. Lackstrom informed that there is an electrical connection on the proposed property. Mr. Hernandez replied that Beach Mapping concurred that there is electrical wiring for automated gate purposes. Mayor Randels stated that the proposed Ridgewood Avenue extension did not occur and no property would be built between the two neighbors. Mr. Treverton expressed his favor and asked why the Eppleys could not build subject to setback. Mr. Hernandez replied that either the Lees or the Eppleys would have to abide by City zoning requirements. Mr. Nicholas expressed that he did not find the property without value and questioned the possibility of beach access parking even though the residents might disagree. He stated that he did not see the benefit of relinquishing the property to the applicants since no valuation would occur if the property reverted to the tax rolls. The Eppleys addressed the Council and stated that they have been coming to the City for over 27 years. Mr. Eppley stated that he did not anticipate occurrences with vagrants or unattractive litter and their mission is to maintain the areas beauty. Mayor Randels stated that potential future use or existing easements are http://www.myflorida.com/cape/Minutes/2004/05-04-04.htm 11/30/2004 CITY COUNCIL REGULAR MEETING Page 2 of 2 criteria for vacating public land. Mayor Pro Tem Hoog reminded that beach end parking was a previous problem for the residents of Harbor Heights. He also reminded that in emergency circumstances finding vehicle owners parked in the access presented a problem. He expressed favor with turning the property over to the applicants. Mr. Morgan expressed that the land would serve for no other application than to turn it over to the applicants. Mayor Randels described the stipulations of the ordinance regarding the easement. Attorney Garganese asked if the easement would come in the form of a separate easement document to accommodate the City of Cocoa as the third party of the public utility water easement. Attorney Hernandez agreed that he would draft the required document. Attorney Garganese said that the City Manager would provide notice to all possible utilities between the First and Second Reading and this information is needed before the Second reading. Attorney Garganese asked Attorney Hernandez if he had completed a Notices and Encumbrances report. Attorney Hernandez replied that he had not. Mr. Boucher stated that an emergency access gate was part of a Development Agreement. Mr. Boucher informed the Council that due to the noticing requirements and utility letters on this ordinance, a second reading would delay until the first City Council meeting in June. Mr. Nicholas requested a stipulation to stabilize the 20 -foot easement in order to accommodate fire truck equipment. Mayor Randels referred to the Planning and Zoning Board Minutes of November 12th and read that one of the stipulations calls for stabilization. Mayor Randels directed Attorney Hernandez to acquire documentation from the Fire Department regarding stabilization requirements. Mr. Boucher reminded that the Planning and Zoning Board would perform a second review. Mayor Randels concluded that the City Council would follow the Planning and Zoning Board's recommendations. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 10-2004 to Vacate the Harbor Drive Right -of -Way at first reading to include the Stipulations on the Easement. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. http://www.myflorida.com/cape/Minutes/2004/05-04-04.htm 11/30/2004 ORDINANCE NO. 10-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT-OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS RECORDED IN PLAT BOOK 15 PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. WHEREAS, David Eppley and Rhonda Lee have requested that the City of Cape Canaveral abandon and vacate that certain parcel of land being part of the unimproved right-of-way of Ridgewood Avenue as depicted on the Plat of Harbor Heights, Third Addition as Recorded in Plat Book 15, Page 81, in the Public Records of Brevard County, Florida; and WHEREAS, the Planning and Zoning Board members voted by majority and recommended approval to the City Council of the above -referenced request to vacate and abandon the property with stipulations, and WHEREAS, the City Council of the City of Cape Canaveral, Florida has determined that it is in the best interest of the City vacate said right-of-way with stipulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Vacation. The City of Cape Canaveral, Brevard County, Florida, hereby vacates the property described as the lot located east of Lot 100 and west of Lot 19 on Harbor Drive, described as follows: Harbor Heights, Third Addition, at Book 15, Page 81: A parcel of land being part of the unimproved right-of-way of Ridgewood Avenue as depicted on the Plat of Harbor Heights, Third Addition as Recorded in Plat Book 15, Page 81, Lying in Fractional Section 14, Township 24 South, Range 37 East, Tallahassee Base Meridian, Brevard County, Florida and being more particularly described as follows: Begin at a concrete monument marking the northeast corner of Lot 100, aforesaid Harbor Heights, Third Addition; thence S 890 20'25" E, along the Northerly line of said Harbor Heights, Third Addition and along the Northerly line of Ridgewood Avenue as depicted on said record Plat, a distance of 80.00 feet to the westerly line of the lands described in official records Book 2626, Page 364 of the Public Records of Brevard County, Florida; thence S 00 ° 39'35" W. along said westerly line, a distance of 100.00 feet; thence N 89 0 20'25" W, a distance of 105.00 feet to the point -of -curvature of a radial circular curve concave to the northwest having a radius of 25.00 feet; thence along the arc of said curve, through a central angle of 90 000'00", an arc distance of 39.27 feet to the point -of -tangency; thence N 00' 39'35" E, along the platted westerly right-of-way line of said Ridgewood Avenue, a distance of 75.00 feet to the point -of -beginning. Containing 8,134.1 square feet, more or less and being subject to any easements of record. SECTION 2. Easement Stipulations. The City of Cape Canaveral, City Council upon recommendation of the Planning and Zoning Board approve the request to vacate the property with the following stipulations on the subject easement: a. The City will retain an emergency access easement to the Villages of Seaport. b. The subject easement shall include all City utilities and franchises. C. The subject easement shall be 20 -feet wide to align with the emergency access to the Villages of Seaport's 20 feet. d. In addition, the easement shall allow for the required turning radius to meet fire equipment requirements. e. The easement area shall be stabilized to meet fire equipment access requirements. f. A survey of the easement, drawings and legal description shall be provided to the City. (Attached as Exhibit "A.") g. The applicant shall pay all costs. 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. 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 5. Recordation. The City Clerk is hereby directed to promptly record this Ordinance in the Public Records of Brevard County, Florida. SECTION 4. Effective Date. This Resolution shall become effective immediately upon its adoption and shall be recorded with the Brevard County Clerk of Court. City of Cape Canaveral, Florida Ordinance No. 10-2004 Page 2 of 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Steve Miller APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Published: First Reading: Second Reading: Jim Morgan Buzz Petsos Rocky Randels City of Cape Canaveral, Florida Ordinance No. 10-2004 Page 3 of 3 City of Cape Canaveral )3 2-ity Manager -lerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Request to Vacate a 80-105 ft. Easement, (Unimproved Ridgewood Avenue, Harbor Heights) - Tony Hernandez, III, Applicant. -------------------------------------------------------------------------------------------------------- The Planning & Zoning Board reviewed the above referenced proposed vacation of easement at the meeting held on November 12, 2003 and by majority vote, of the three members in attendance, recommended approval to City Council with the following stipulations: 1. The City will retain an emergency access easement to the Villages. 2. The subject easement shall include all city utilities and franchises. 3. The subject easement shall be 20 feet wide to align with he emergency access to the Villages of Seaport's 20 feet. 4. In addition, the easement shall allow for the required turning radius to meet fire equipment requirements. 5. The easement area shall be stabilized to meet fire equipment access requirements. 6. A survey of the easement, drawings, and legal description shall be provided to the city. 7. All costs shall be paid by the applicant. 8. The final easement agreement shall be approved by the Planning and Zoning Board and City Council before recording. Please note that Board member Leo Nicholas voted against the motion because in his opinion the City would not benefit by granting this request. Please schedule this proposed ordinance on an upcoming meeting agenda. Thank you. 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 1. A W O1 I It I trl \ I I t l l; �; f '� �,\ '`: l l 1 1 �, 1 f t l t l t '•-: � I I t, l' September 8, 2003 ioily Hernandez, III, ESU. Elena M. Alvatez, ESQ. MRS. SUSAN L. CHAPMAN as Administrative Assistant to the Building Official Diana E. Hendren Secretary to the Planning & Zoning Board Cynthia A. ;Nilliarnson City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Eugene Byrd, LPI RE: Request to Petition for Action to Abandon a Portion of the Harbor Drive Right -of -Way ,•,,„,;,.A, r ,„Ita"t ,� Blanca R. Lara, LPN TRIAL a D>ar dpman: APPELLATE As you know, my office represents the legal interests of David Eppley PRACTICE and Rhonda Lee regarding the above -referenced matter. This correspondence serves as our application to the City Council GENERAL requesting that the City of Cape Canaveral abandon the property described as PRACTICE the lot located east of Lot 100 and west of Lot 19 on Harbor Drive. My clients own the adjacent property to the land in question and agree to accept their portion of the lot in fee simple. My clients agree to a 20 foot wide easement to run along the center of the lot. Pursuant to Section 110-476, Dedicated Public Land, enclosed please find the following: (A) Copy of survey depicting property; (B) Current appraisal I would respectfully request that this matter be scheduled for the November 12, 2003 Planning and Zoning Board Meeting. TH3/deh Enclosures as stated cc: David Eppley and Rhonda Lee Sincerely, I-7'V To • e nandez, III �f/910�_• 5��..1 f=�c, �cc �iYcfQc! ct,l.l C' u, ->!iJ T dd Pee# Z'/cid' Tear 05 F1otirfa 32920 W W Id ca a �Na Q 00 `.M)LU� W o n LIZ O (A •� 8 0 8 n8 �� e � � �� Z LU n�— l aN �-`4, J�� P _ L '^i 2la,l WWw WW O N .%Ri— -•ate- Y �� I I A A o e. ro � n O ur o 0 0 N O � H _ O N O O P J N e a 11 i I _� � O , q m ^s o F01-0 Q LLJ LL. Uj ' -�- } LI �-` II i A a^! I Ipl � \ m Y �I" a i� ' IA ili ° o Ba </ —� Oii o �l} �. f �i ' I A loss c!j -i Z —� u,E v - I"I I�� (11:11 1 O 6 _�" -� i II Ur' okw O J q G 3�,m i! l i W r. V1 I• o' t to lh W e lU mWr,� 1' i— U ° mo8 -,— fn � •', �\ �"� le I�^�� Imp„ G "� Woo --3L— ` and O I " [d NIf100� ,fFF,fd'gdII7` u ° I _n}W_S�_ )9 a �^ �p �L3 @ i i 9 7 RR S 1 C �Q ; r ^ �> n� y� •'� 8 N a 111ol n d k t. Vm in i (fix /// •s /'1r C —� • , ' ry��-�a • ` �- ❑ 3 LJj°� \ 1 CqWy,�qI`^ f"iy5 N,� J a 0 49 1 1 0 h i.�^'nn rm.�p, fir, •., ,.�.�. �r 47-n•- �., �,'� .'.I 0 VILLAGES OF SEAPORT FOUND CONCRETE MONUMENT SUBJECT POINT -OF -BEGINNING PROPERTY S 9'20'25'E m m S I G H T S, T H I R D A D D I T 1 0 N in r BOOK 15 ,PAG E 8 1 W (DAVID W. & MICHAELYN EPPLEY) in LOT 100 Q p m CD z FOUND •5 REBAR (ALLEN) RADIUSt 25.00 DELTAt 90'00'00' ARCS 39.27 105.00 FOUND •4 REBAR w zZ) W 0 0 0 3 W 0 0 a= 0 w 0 cc F z m , , OFFICIAL REF , r r ! FOUND CONCR! N89'20'25'W ' (LB 4119) SET 05 REBAi ,i ( ! ti EDGE OF PAVING , m K I O&I W000 AVENUE r o 'o r Z ' J IC HEI G H T S T H I R D ADDIT ION ' ' O r U A T 8 0 0 K 15 , P A G E 8 1 ' C� LEGAL DESCRIPTION: A PARCEL OF LAND BEING PART OF THE UNIMPROVED RIGHT-OF-WAY OF RIDGEWOOD AVENUE AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION AS RECORDED IN PLAT BOOK 15, PAGE 81, LYING IN FRACTIONAL SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A CONCRETE MONUMENT MARKING THE NORTHEAST CORNER OF I.OT 100, AFORESAID HARBOR HEIGHTS, THIRD ADDITION; THENCE S 89'20'25" E, ALONG THE NORTHERLY LINE OF SAID HARBOR HEIGHTS, THIRD ADDITION AND ALONG THE NORTHERLY LINE OF RIDGEWOOD AVENUE AS DEPICTED ON SAID RECORD PLAT, A DISTANCE OF 80,00 FEET TO THE WESTERLY LINE OF THE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2626, PAGE 364 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; THENCE S 00-39'35" W, ALONG SAID WESTERLY LINE, A DISTANCE OF 100.00 FEET; THENCE N 89"20'25" W,'A DISTANCE OF 105.00 FEET TO THE POINT -OF - CURVATURE OF A RADIAL CIRCULAR CURVE CONCAVE TO TILE NORTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90"00'00", AN ARC DISTANCE OF 39.27 FEET TO THE POINT-OF-TANGE?ICY; THENCE N DO"39135" E, ALONG THE PLATTED WESTERLY RIGHT-OF-WAY LINE OF SAID RIDGEWOOD AVENUE, A DISTANCE OF 75.00 FEET TO THE POINT -OF -BEGINNING. CONTAINING 8,134.1 SQUARE FEET, MORE OR LESS AND BEING SUBJECT TO A.NY F.AfIFMENTS OF RECORD. August 21, 2003 Mr. Tony Ilemandez 6550 North Atlantic Avenue Cape Canaveral, Florida 32920 Geiger, Geiger & Associates, Inc. P.O. Box 321354 Cocoa Beach, FL 32932-1354 Phone: (321) 784-2134 Fax: (321) 784-3110 e -Mail' gga(itbrevard.net Re: Appraisal #: AO-57-7-3-1- Ridgewood O-57-7-3-LRidgewood Avenue Road Right of Way in Cape Canaveral, Florida See attached for full legal description Dear Mr. I Iernandez: I have completed the appraisal of the unencumbered fee simple estate of the property in Brevard County, Florida, that is identified in the attached documents based on the survey that you provided our office. The function of this appraisal is the use to which it will be employed. In this assignment it is: To esfimate a fair and equitable price at which the land should sell Or Should be purchased It was assumed that the street address or legal description provided by you was correct. The value provided assumes there were no adverse mortgages, leases, liens, easements, adverse environmental conditions, encroachments, or encumbrances on the subject property. It was assumed the dimensions and size indicated in the survey was correct. The purpose of this appraisal is to estimate the current market value of the subject property according to definitions stated in this report and to the assumptions, limiting conditions, and certifications therein. The value provided would be the same if contracted by a buyer or seller of the property. Market value is defined on the attached "Certification and Limiting Conditions": (Form 1004B). Date inspected: July 15, 2003 After analyzing all available information, it is my opinion that the market value of the subject property in fee simple, subject to an access easement, as of the (late inspected, is : ZERO DOLLARS $0 To the best of my knowledge, this appraisal assignment and report conform to the Uniform Standards of Professional Appraisal Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal Foundation. In the preparation and analysis of this assignment, the development process used provided a Limited Appraisal. 'File Departure Provision was applied. A Restricted Report is attached; data not presented but used in the analysis will be retained in the appraisers file. All land appraisal values are subject to inspection by a licensed hazardous materials inspector to determine if there are any hidden condition, hazardous materials or environmental conditions that were not identified or found at the time of the inspection or reported in the appraisal document that may adversely affect the value conclusion provided. None were found by the appraiser. Thank you for the opporltill ity to provide this service for you Sincerely, William Gciger, SRA St.Cert.Gen.RGA #RZ1056 /pr Attachment (File 57-7-3-I-) Scope of the Appraisaln I Ile scope of the appraisal: An appraisal is all unbiased es(imalc of the "nature," "quality," "value," or "utility" of an Interest In, or aspect of, identified real estate and related personality. There are, therefore, several potential types ofassignments and reports that appraisers prepare. They can be evaluation or laluation assignments. 'I his report is a "valuation" assignment that provides an "estimate of value." The appraiser collected, verified, analyzed and reconciled appropriate comparable Iransfers of ownership. Although a single point value was requested, it should be acknowledges that, under the constraints imposed, an appraiser can only accurately provide a value conclusion within a range of value. 'I he appraiser has relied upon a variety of sources for data in this report. Comparable data sources include public records, recorded deeds, county property records, office files, and representations by local brokers, sales people, and other knowledgeable persons. A search was conducted for sales comparable to the subject, located in comparable neighborhoods on similar sites and within the subject's market area. Only the most comparable data were researched in the report, however numerous others were reviewed and analyzed. Bacheround and Analvsis An extensive review of numerous past transfer of ownerships tions city, county, and government ownership to citizen oanaship of an existing street or a platted proposed street or right of way, indicate that the Iransfers take place with little consideration (i.e. no appreciable monetary exchange). The reasoning is basic in that it has no value in use or exchange to the city. The only people that give it value or use or exchange is the adjoining property owners. The value is somewhat comprised to the new owner because they will have to pay additional costs of ownership such as insurance, taxes and maintenance. If there is an access casement as proposed, the new owner cannot build on or even plant a tree or bush in the casement. The value to the city selling is, they now collect taxes, do not have to make expenditures f'or maintenance, insurance or repairs. The value to the new owners is that they can beautify the property, maintain it without trespassing and include it with their land when selling. (here is a chain link fence on the north property fine. 'I lie subject is sodded and well maintained at present Conclusion: The value is negligible. In this value conclusion, it was assumed that the city would keep a twenty foot access easement in the center of the existing right of way. The highest and best use of the property was assumed to be surplus land (cannot be developed separa(ely) for use by adjoining property owners. The zero value assumes the adjoining property owners pay the cost of transfer of ownership. FIIN(A 1101N AND 1'1lltPOS E OP -1 I I E :\PPRAISAI. AND DEFINfI II)NS. Function or Objective: The "tinction" or use of an appraisal is the manner in which the client employs the information. An appraisal may be accomplished for a variety of uses. They include (1) Transfer of Ownership; (2) Financing and Credit; (3) Just Compensation in Condemnation Proceedings; (4) 'rax Mailers; (5) Investment Counseling and/or Decision Making; and (6) Asset Valualion Estimation for Accounting Purposes. The function or use of the appraisal.is "Transfer of Ownership" "file intended user of the report is: TmLt Hernandez, Esquire Type of Value Provided There are numerous types and definitions of value that are appropriately used. They include: investment value, insurance value, value in use, personal property value, reproduction value, market value, leasehold value, leased fee value, fair value, etc. The value type provided in (Itis report is Market Value. Purpose The propose of this report is to estimate the current market value of the subject properly as of the date of (he appraisal. Market value does not change wills the func(ion of the appraisal report. The value conclusion drawn by this appraiser would be the same ifaccomplished for the buyer or the seller of (he subject property or performed for the mortgagee or mortgagor. Definition of Market Value Market Value is defined as the most probable price in cash, terms equivalent to cash, or in other precisely revealed terms, for which the appraised property will sell in a compe(itive market under all conditions requisite to fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest , and assuming that neither is under undue duress. Fundamental assumptions and conditions presumed in this definition are (1) buyer and seller are motivated by self-interest; (2) buyer and seller are well informed and are acting prudently; (3) the property is exposed for a reasonable time on the open market; (4) payment is made in cash, its equivalent, or in specified financial terms; (5) specified financing, if any, may be the financing actually in place or on terms generally available for the property type in its locale on the effective appraisal date; and (G) the effect, if any, on the amount of market value of atypical financing, services, or Ices shall be clearly and precisely revealed in the appraisal report. Definition of Fee Simple Interest Fee Simple Interest is defined as the greatest right and title which an individual can hold in real property. It is "free and clear" ownership subject only to the governmental rights of police power, taxation, eminent domain and escheat reserved to the Governments of (he United States of America and the State of Florida under their constitutions. Sellout Value Definition Sellout Value is defined as the summation of all binding contracts and anticipated sale prices at the time of the appraisal. It can be higher, lower, or equal to Market Value. It is usually higher if a long sellout is anticipated because discounting for the lime value of money will be required. It is usually lower if individual unit pre- cons(uction contracted sale prices are below today's individual Market Values. It is usually equal to Market Value if the individual unit sales are contracted at Markel Value and all (lie units are anticipated to be sold within a short time from completion. Other Definitions See Addendum fir specialized definitions and abbreviations. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this delinilion is the consummation of a sale as of a specified date and the passing of title hom seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well inlormed or well advised, and each acting in what he considers his own best interest, (3) a reasonable lime is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars er in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. Adjustments to the comparables must be made for special or creative financing or sales concessions. Flu adjustments are necessary for those costs which are normally paid by sellers as a result of ttadition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to Ilse comparable property by congradsons to financing terms offered by a third party institutional tender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on Ilia appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT AND LIMITING CONDITIONS: The appraiser's certification that appears in the appraisal report is subject to the following conditions: 1. The appraiser will not be responsible for matters of a legal nature [hat affect either the property being appraised or the title to it. The appraiser assumes that [he title is good and marketable and, therefore, will not render any opinions about the title. The property is appraised on the basis of it being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to shoo approximate dimensions of the improvements and the sketch is included only to assist the reader of the report in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are Provider) by the Federal Emergency Management Agency (or other data sources) and has noted in the appraisal report whether the subject site Is located In an identified Special Flood Hazard Area. Because the appraiser Is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction with any other appraisal and are invalid it they are so used 6. The appraiser has noted in the appraisal report any adverse conditions (such as, needed repairs, depreciation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, toxic substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report mast not be considered as an environmental assessment of the properly. 7. The appraiser obtained the inlotmatiun, estimates, and opinions that were expressed In the appraisal report from sources that he or she cunsiders to be reliable and believes them to he tine and correct. The appraiser does not assume responsibility for Ilse accuracy of such items that were furnished by other parties. 8. The appraiser vrtll not disclose the contents of the appraisal report except as provided for in the Uniform Standards of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that completion of the improvements will be performed in a workmanlike manner. 10. The appraiser must provide his or her prior written consent beton the lender/client specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional designations, and references to any professional appraisal organizations or the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; Ilia mortgage insurer; consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the United Slates or any state or the District of Columbia; except that the lender/client may distribute the property description section of the report only to data collection or reporting se(vice(s) without having to obtain the appraiser's prior written consent. The appraiser's written consent and approval most also be obtained before the appraisal can be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. - Freddie t.fac Foran 439 G � 7 Page t of ' Fannie. M.ie Furor 10048 6-93 Geiger Geiger & Associates bin i !.r^, "1 1)i 1:.. ,;indn,•r, ,l,prai. l e01 ._c py .r 1r r .,' 4u' 1-800 At Nt. N){ APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. 1 have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a significant item in a comparable property is superior to, or more lavorable than, the subject property, 1 have made a negative adjustment to reduce the adjusted sales price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the comparable. 2. 1 have taken into consideration the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any significant information from the appraisal report and 1 believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report only my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions specified in this form. 4. 1 have no present or prospective interest in the property that Is the subject to this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or the estimate of market value in the appraisal report on the race, color, religion, sex, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. 1 have no present or contemplated future interest in [tie subject property, and neither my current or future employment nor my compensation for performing this appraisal is contingent on the appraised value of the properly. 6. 1 was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a specific result, or the occurrence of a subsequent event in order to receive my compensation and/or employment for performing the appraisal. I did not base the appraisal report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage loan. 7. 1 performed this appraisal in conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of [his appraisal, with the exception of the departure provision of those Standards, which does not apply. I acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time nated In Ilia neighborhood section of this report, unless I have otherwise slated in the reconciliation section. 8. 1 have personally inspected [he interior and exterior areas of the subject property and [he exterior of all properties listed as comparables in the appraisal report. I further certify that I have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which I am aware and have made adjustments for these adverse conditions in my analysis of the property value to the extent that I had market evidence to support them. I have also commented about the effect of the adverse conditions on the marketability of the subject property. 9. 1 personally prepared all conclusions and opinions about the real estate that were set forth in the appraisal report. It I relied on significant professional assistance from any Individual or Individuals In the performance of the appralsal or the preparation of the appralsal report, I have named such Individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal repod. I certify [hal any individual so named is qualified to perform Ilia tasks. I have not authorized anyone to make a change to any item in the report; therefore, it an unauthorized change Is made to the appraisal report, I will lake no responsibility for fl. SUPERVISORY APPRAISER'S CERTIFICATION: It a supervisory appraiser signed the appraisal report, he or she certifies and agrees that: I directly supervise the appraiser who prepared Ilia appraisal report, have reviewed [he appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appralser's certifications numbered 4 through 1 above, and am taking full responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: _(sgeall chodle at), Pape Canayeral,_Florida 32920________�_____ APPRAISER: SUPERVISORY APPRAISER (only if required): flame: I- WM. GEIGER SR— Date Signed: August 21,200?__ State Certification #: _ST,CERT_GEN REA or State License #:__— Stale: FL Expiration Date of Certification or License: 1.1/30/2004 Freddie L1ic Fonn 139 Gni Page 2 of Signature: _ Name: Dale Signed: State Certification #: or Stale License State: Expiration Date of Certification or License 1 1 Did I I Old Not Inspect Property Fnmr AMI .. ,Tr)rAl for Windows" appraisal snflwaie by a la mode, ins — 1 -800 -AI JIMOOF faooi> Mae Form 10016 6-93 View Legal Ad# 492686 Print Window Close Window ADE492688-11/27,2004 NOTICE OF PUBLIC HEARING The City Council of tM City of Caps Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 10-2004 in the City Hal Arnex, 111 Poly Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, December 7, 2004. The ordinances may be nspeded in thew enlrety in the Cly Clerk s office during business hours (8:30 am. to 590 p.m., Monday-Frirty). ORDINANCE NO. 10-20D4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA. VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT - OF WAYLOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION. AS RECORDED IN PLAT BOOK 15, PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA: (CONTAINING APPROXIMATELY 8.134.1 SQUARE FEET MORE OR LESS): PROVIDING FOR THE REPEAL. OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS. SEVERABILITY. RECORDATION AND AN EFFECTIVE DATE. Pursuant to Secson 28&1015. Florida Statrkes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with reaped to any metier considered at this meeting. that person will need a record of the proceedings. and for such purpose flat parson might road to ensure that a verbatim record of the proceedkgs is mads, which record includes the tss*nmW and evidence upon which the appeal is to be based. This notice does not corstilule consent by rhe City for the inbodudlon or admission into evidence of otherwise inadmiss6k or nelovwd evidence, nor does k aulhorime chalengss or appeals not otherwise slowed by law. Persons with disabilities needng assistance to participate in any of these proceedings should contact the Cly CWWs office (888.1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk AD*: 492686 Publication: Florida Today First Published: 11-27-2004 Page 1 of 1 http://www.flatoday.net/legals/display.htm?CAD=DISPLAY&Id==15292 11/29/2004 Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Discussion Item 13 No. Outline AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: OUTLINE OF MIXED USE DEVELOPMENT AGREEMENT DEPT./DIVISION: GROWTH MANAGEMENT Requested Action: City Council review and comment on the outline of mixed use development agreement submitted by Attorney Pickles on behalf of Greene International. Summary Explanation & Background: See attached. Exhibits Attached: Outline City Mana e�ffice Department GROWTH MANAGEMENT �h caim\ltoc n admin\council meeting\2004\12-07-04\greene.doc OUTLINE OF DEVELOPMENT AGREEMENT - Applicant desires to develop a mixed-use and residential development within the City of Cape Canaveral. It is City's desire to promote said development according to applicable law. Applicant shall submit an application for change in Comprehensive Plan along with a proposed Mixed -Use Ordinance no later than December 31, 2004. The City shall use reasonable efforts in processing the application for change in Comprehensive Plan as well as the enactment of the Mixed -Use Ordinance. The City shall process said application such that the transmittal to the Department of Community Affairs should occur no later than March 2005. The Comprehensive Plan change as well as the Mixed -Use Ordinance must be commercially reasonable for Developer to continue to process said development. - The total process for the change in the Comprehensive Plan and the Mixed -Use Ordinance should be concluded no later than December 31, 2005. Meeting Type: Regular Meeting Date 12-07-04 AGENDA Heading Discussion Item 14 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: REVIEW PROCESS FOR SITE PLANS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council Member Buzz Petsos has requested that City Council discuss the site plan review and approval process to see if there is any interest in having City Council review and approve site plans. Summary Explanation & Background: See attached memo. Discussion item only. Exhibits Attached: Buzz Petsos memo dated 11-30-04; Code Sections 110-221 to 110-224 City Manager!ice -7 Department LEGISLATIVE ca m y oc dmin\council\meeting\2004\12-07-04\siteplan 5=-R Memorandum To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL CC: BENNETT C. BOUCHER, CITY MANAGER From: BUZZ PETSOS, COUNCIL MEMBER Date: 11/30/2004 Re: REVIEW PROCESS FOR SITE PLANS I am requesting that the City Council discuss the review process for site plans. Currently, the Planning & Zoning Board reviews and approves all plans. City Council only reviews a plan during an appeal. I believe that council is responsible to the citizens, and we should have the final review/approval of these site plans. Citizens often complain of various new developments and council's response should not be that it is the responsibility of the Planning & Zoning Board. I am certain that in most cases there will be no issues that have not already been addressed by the Planning & Zoning Board; however, we are the ones who should be held accountable. I look forward to a discussion and request that this item be placed on the December 7'' agenda. BP/kmm ZONING ited to, the following: Will the re- quested use (i) use less space; (ii) have fewer employees; (iii) require less parking; (iv) create less traffic; (v) have fewer deliveries; (vi) create less noise; (vii) create a better bene- fit to surrounding area than previ- ous use; (viii) be more acceptable with the existing and future use or make up of the area, (ix) be more normally found in a similar neigh- borhood; or (x) be of a less impact than the present nonconforming use? (Code 1981, § 643.07(B); Ord. No. 19-96, § 1, 9-3-96) Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and require- ments other than area, width, and/or depth con- form in all other respects with the land develop- ment regulations for the applicable zoning district. (Ord. No. 41-2003, § 2, 12-16-03) Editor's note—Ord. No. 41-2003, § 2, adopted Dec. 16, 2003, added a new section 110-196 to read as herein set out and renumbered the former §§ 110-96 and 110-97 as 110-97 and 110-98. Sec. 110-197. Repairs and maintenance. (a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this section is derived shall not be in- creased and, provided further, that such repair or replacement shall not affect the assessed valuation - time allowance before termination setting the time limit for conformity, set forth in section 110-195(6). § 110-222 (b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official. (Code 1981, § 643.09) Sec. 110-198. Temporary uses. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of the ordinance from which this section is derived, unless it complies with this chapter. (Code 1981, § 643.15) Secs. 110-199-110-220. Reserved. ARTICLE VI. SITE PLANS* Sec. 110-221. Submittal and review required. Under this chapter, site plan submittal and review are required for the following: (1) New commercial buildings or structures. (2) New residential structures with four or more dwelling units. (3) Commercial additions exceeding 850 square feet of gross floor area. (Code 1981, § 645.05(A)) Sec. 110-222. Criteria required. Site plan criteria required under this chapter shall be as follows: Supp. No. 12 CD110:29 (1) Plan drawn to scale, no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site data: a. Size, height, number of units and location of proposed and existing structures and their relationship to property lines, setbacks, easements, streets, etc. b. Dimensions and total gross acreage of the site and percentage devoted to *Cross reference—Planning, ch. 58. § 110-222 CAPE CANAVERAL CODE structures and percentage of park- ing area devoted to landscaping with curbs and water provisions. C. Total number of units proposed; to- tal number and size of on-site park- ing spaces and loading zones. d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. e. Calculation of density (dwelling units per acre). f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas, swimming pools, drive- ways, recreation, trash and garbage pickup, sidewalks, dune crossovers, etc. g. In those site plans which require a subdivision of land, no site plan shall be approved until the planning and zoning board has given approval to the preliminary plat. h. The type of enclosure for and loca- tion of communal -type trash contain- ers (dumpsters). Type of enclosure shall be subject to approval and ac- ceptance of the planning and zoning board. i. Fire alarm and standpipe data, when required. j . Site vicinity map. k. Location of planned landscaping in compliance with sections 110-566 and 110-567. (2) Topographic survey, including the follow- ing: a. USC and G.S. datum plane. b. Existing and proposed streetlights, water, sewer, paving, storm drains, fire hydrants, sidewalks, etc. C. Lot lines and dimensions of all set- backs, structures and easements. Supp. No. 12 CD110:30 d. Location of established seawall line and information for construction, if required. e. Surveyor's certification. f. Elevations to be given on one -foot intervals. g. Range markers and coastal construc- tion setback line, where required. h. Location and type of existing trees four inches in diameter or larger. (3) Engineering data, including the follow- ing: a. Finished grades for entire parcel, finished elevations for floors, streets, parking lots, sidewalks, ten inches of adjoining property, etc. b. Details, sections and specifications required of all improvements, such as streetlights, water and sewer (structures, pipes, appurtenances), paving and drainage, curbs, storm drainage and sidewalks. C. Engineer's seal required in draw- ings. d. Engineering storm drainage design calculation and drainage maps. (4) Square footage of building for the follow- ing: a. Living. b. Parking. C. Other. d. Total under roof. (5) Drawing notes required as follows: a. Sidewalk and sanitary sewers to be constructed to city standards. b. Water lines to conform to City of Cocoa standards. C. Where applicable, fire alarm system to be installed and connected to city fire department standards. ZONING (6) For mean high water, survey shall be done by procedures established by F.S. § 177.25 et seq. (Code 1981, § 645.05(C)) Sec. 110-223. Review procedures. (a) Five copies of the site plan, prepared, signed and sealed by a professional engineer licensed by the state, shall be filed with the building official no later than 30 days prior to the meeting date at which the applicant is seeking planning and zon- ing board review. Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the building department to the following department heads for their review and comments: (1) City engineer or registered engineers ap- proved by the city. (2) Building department. (3) Fire marshal. (4) State department of environmental pro- tection. All phases calling for buildings located on the Atlantic Ocean and Banana River are to be reviewed by this depart- ment. (c) Within 14 days of the time the plans are received by the various department heads, they shall submit, in writing, to the building depart- ment, a written report commenting on factors relating to the site plan. (d) The building department shall give a copy of the written comments to the applicant or his representative to review, respond to and make any changes he deems appropriate to conform to the comments and recommendations from the department heads. (e) The applicant shall submit seven copies of the revised site plan, along with his architect's and engineer's comments, in response to the de- partment heads' reviews, to the building depart- ment no later than five days prior to the meeting. (f) All plans shall be made available to the planning and zoning board. All site plans required under this article shall be reviewed for approval by the planning and zoning board. The building § 110-223 official shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (g) The planning and zoning board, following public hearing and review of any submitted site plan, may approve, approve with conditions, or deny the application based upon the site plans compliance with the city's Code and comprehen- sive plan. All decisions of the planning and zoning board are final, subject to the right of appeal to the city council provided below. (h) If the planning and zoning board elects to grant conditional approval of a site plan subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or con- tingencies are satisfied, the final site plan ap- proval date shall be either the expiration of the 90 -day period; or the date the building official certifies by notation on all city site plan copies, that all conditions and/or contingencies are satis- fied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90 -day compliance period may be extended at the discre- tion of the planning and zoning board, upon written request of the applicant prior to the expiration of the 90 -day compliance period, and where the applicant demonstrates unusual cir- cumstances or undue hardship. (i) The planning and zoning board shall have no authority to consider a proposed site plan unless: (1) The applicant has adequately and com- pletely addressed all items on the site plan checklist prepared by the building official; and (2) The applicant has otherwise complied with all matters contemplated under this sec- tion. At any meeting held for that purpose, the plan- ning and zoning board shall table and reschedule any site plan scheduled for consideration which is determined by the building official not to have Supp. No. 12 CD110:30.1 § 110-223 CAPE CANAVERAL CODE complied with all of the requirements of this section. A finding by the building official that a site plan is ready for consideration by the plan- ning and zoning board shall not be construed as binding the board to approve the site plan. 0) Following a public hearing on any applica- tion for site plan approval [before] the planning and zoning board the board's secretary shall send to the applicant, by certified mail, return receipt requested, written notice of the action taken and the right to an appeal, as provided below. (Code 1981, § 645.05(B); Ord. No. 37-93, 10-19-93; Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2, 10-21-03) Sec. 110-223.5. Appeal. Any person(s) or the city aggrieved by the decision of the planning and zoning board to the city council in accordance with the following pro- cedures. The filing of an appeal stays the action of the planning and zoning board until a decision by the city council is rendered. (a) (b) (c) The applicant may, not later than ten calendar days after receiving notice of final action by the board relating to site plan approval, file with the city clerk a written request for an appeals hearing before the city council. If a written request is filed within the ten-day limit and as otherwise provided above, the city council shall consider the request. The city council shall hear, and make a determination on, the appeal within 30 days from the date the written request for an appeal is received by the city clerk. The applicant shall be provided notice of the city council hearing at least seven days prior to the council hearing. The city council shall hear and consider evidence offered by any interested person to determine whether the planning and zoning board properly denied an applica- tion for site plan approval in accordance with the City Code and city comprehen- sive plan. The formal rules of evidence do not apply. (d) The city council shall grant or deny the appeal by majority vote in accordance with the council's quorum requirements contained in the City Charter. Failure to reach a majority vote will result in denial of the appeal. Any dispute of fact must be decided on the basis of a competent and substantial evidence. The decision of the city council is final. (e) Judicial review of the denial of site plan approval shall be available only after the administrative procedures and remedies set forth in this section have been ex- hausted. (Ord. No. 35-2003, § 2, 10-21-03) Sec. 110-224. Expiration. All site plans under this article shall expire in 12 months from the final approval of the planning and zoning board, unless the building permit is issued or the applicant files with the city in writing a time extension for such site plan. The planning and zoning board shall recommend at its discretion such requests for city council ap- proval by resolution only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six months. (Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2, 11-7-91) Secs. 110-225-110-245. Reserved. ARTICLE VII. DISTRICTS* DIVISION 1. GENERALLY Sec. 110-246. Official zoning map—Adopted. (a) The city is divided into zones or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted by reference and declared to be part of this chapter. The official zoning map shall be identi- fied by the signature of the mayor, attested to by *Cross reference -Sign regulations for shopping centers, § 94-100. Supp. No. 12 CD110:30.2