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HomeMy WebLinkAboutAgenda Packet 11-17-1998 u. u� City of Cape Canaveral ' CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY OF 111 Polk Avenue, �Cape Canaveral Florida CAPE CANAVERAL r` TUESDAY November 17, 1998 � 7:00 P.M. �e ' AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: INTERVIEWS: George H. Reid, Candidate for the Library Board CONSIDERATIONS: 1. Motion to Approve: Regular Meeting Minutes of September 1, 1998 Regular Meeting Minutes of September 15, 1998 Regular Meeting Minutes of October 6, 1998 Regular Meeting Minutes of October 20, 1998 Regular Meeting Minutes of November 5, 1998 2. Motion to Approve: Outdoor Entertainment Permit for the Third Annual Reindeer Run & Walk for United Way of Brevard County 3. Motion to Approve: Amendment to the Law Enforcement Contract 4. Motion to Approve: Appointment of Space Coast League of Cities Voting Delegate/Director and an Alternate 5. Motion to Approve: Sea Era Segundo Final Plat 6. Motion to Approve: Annual Employee Christmas Bonuses RESOLUTIONS: 7. Motion to Approve: Resolution No. 98-3 8, Reappointing Leo Nicholas to the Library Board "-Pe-t'- -P i]fZ,9w0Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ City Council Regular Meeting Agenda November 17, 1998 Page 2 A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; REAPPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. 8. Motion to Approve: Resolution No. 98-39, Reappointing Leo Nicholas to the Planning and Zoning Board A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES—FIRST READING: 9. Motion to Approve: Ordinance No. 31-98, Vacating a right—of-way located west of tax parcels 511.1 and 5121.2, reserving a public utility easement AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY-FIVE FOOT (25') WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2;RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10.Motion to Approve: Ordinance No. 32-98, Vacating a sewer easement lying across tax parcels 511.1 and 512.2 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.2, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 11. Review of EAR Based Comprehensive Plan Amendments 12. Progress Report on Reuse Projects 13. Installation of Reuse Service for Vacant Lots 14. Jetty Park, Port Reuse Agreement 15. Holman Road REPORTS: \\Cape-nt\Common Documents\Agendas 1998\11-17-98.doc O 'i ity Council Regular Meeting Agenda November 17, 1998 Page 3 16. City Manager's Report AUDIENCE TO BE HEARD: Comments will 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. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015,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. \\Cape-nt\Common Documents\Agendas 1998\11-17-98.doc PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Home Telephone: y0 7— 7193 Home Address: c;2,a2 0 C D K A L .17,2 I V E Business: <' D N S V {, TFI NT Business Telephone: /Y f /-2'09 Oy Office Address: /-)--S 12,9 OLE' Brief Description of Education and Experience: 77- 02 G A/E� Are you a registered voter? Yes `� No Have you been a resident of the City for 12 months or longer? Yes V No Do you currently hold'a public office? Yes No Are you presently employed by the City? Yes No t/ At the present time, do you serve on a City Board? Yes No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister,uncle, aunt, first cousin,nephew, niece, husband, wife,grandparent, grandchild, father-in-law, mother-in- law,son-in-law,daughter-in-law,brother-in-law,sister-in-law,stepfather,stepmother,stepson,stepdaughter,stepbrother, stepsister, half brother or half sister? / Yes No / At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? / Yes No Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Construction Board of Adjustment & Appeals* Board of Adjustment* Library Board Code Enforcement Board* Planning and Zoning Board* Commercial Development Board Recreation Board Community Appearance Board* *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Appficatfon Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: W/%A/ 7—A1-z':!- /C�/E /IJ f OE /B/Ff} Q T/fA-�7 c.vo UL.D /.� T d Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? es No r/ Applicant's signature: _ Date: / PLEASE NOTE: 1. 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. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HAIL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 HARRISON REID & ASSOCIATES, INC. MARINE CONSULTANTS& SURVEYORS 220 CORAL DRIVE • CAPE CANAVERAL, FL 32920 PHONE(407)783-3415 FAX(407)784-4854 CURRICULUM VITA REID, CAPT. GEORGE H. President, HARRISON REID&ASSOCIATES, INC. LICENSES U.S. Master, Oceans Unlimited Panamanian & Liberian Master Oceans 1st Class Pilot (Unlimited Tonnage), St. Thomas, USVI EMPLOYMENT HISTORY Graduate USMS Officer's School, Licensed U.S. Merchant Marine Officer since 1944. Experience as Mate and Master of seagoing and inland tugs, tankers, freighters and passenger vessels. Additional experience includes employment as pilot, docking master, salvage master, marine superintendent, lecturer and technical writer. FORENSIC ACTIVITIES Consultant to arbitrators, insurors, attorneys, operators and financial institutions involving losses, salvage, damages and personal injury claims. Expert witness and consultant to State of Florida Department of Professional Regulations on Pilotage. PROFESSIONAL ASSOCIATIONS Charter Member- Society of Marine Consultants Charter Member- Int'I. Maritime Technological Society Associate Member- Maritime & Environmental Consultants Associate Member- Society of Naval Architects & Marine Engineers PRINCIPAL INTERESTS Marine towing operations, shiphandling with tugs, pilotage, salvage, safety, navigation and Rules of the Road. General marine operations involving large and small vessels. LITERARY CREDITS THE QUICK& EASY GUIDE TO COMPASS CORRECTION, Sheridan House, Inc. (1997) MARINE SALVAGE-A GUIDE FOR BOATERS AND DIVERS, Sheridan House, Inc. (1996) REVISED PRIMER OF TOWING, Cornell Maritime Press, Inc. (1992) SHIPHANDLING WITH TUGS, Cornell Maritime Press, Inc. (1986) BOATMEN'S GUIDE TO LIGHT SALVAGE, Cornell Maritime Press, Inc. (1979) PRIMER OF TOWING, Cornell Maritime Press, Inc. (1975) KNIGHT'S MODERN SEAMANSHIP, 17th & 18th Editions (Contributing author) TUG/BARGE TRAINING MANUAL, Ship AnalytiGS/CAORF Simulator Program COMMUNICATIONS IN THE TOWING INDUSTRY, subject addressed at the Tenth International Tug Convention, Sidney, Australia (1988) SALVAGE RESPONSE IN THE UNITED STATES, Subject addressed at the Eleventh International Tug Convention, Halifax, Nova Scotia (1990) FOREIGN LANGUAGES Fluent Spanish. 4/97 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue,Cape Canaveral, Florida TUESDAY September 1, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Joy Salamone Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Burt Bruns Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Building Official, G.J. "Whitey"Moran Ed Gardulski, Public Works Director PRESENTATION: Rick Dinghas and Peter Jergel, Harris Waste Management(USA Waste), reported on the past quarter activities and presented a Two Thousand Dollar donation to Council Member Tony Hernandez pledged toward the City Park ballpark renovations. INTERVIEW: Ms. Joan Cate Grimes, Candidate for First Alternate Membership to the Beautification Board has been a resident for only four months and is ineligible at this time for membership. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue,Cape Canaveral, Florida TUESDAY September 1, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Joy Salamone Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Members Absent Burt Bruns Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Building Official, G.J. "Whitey" Moran Ed Gardulski,Public Works Director PRESENTATION: Rick Dinghas and Peter Jergel, Harris Waste Management(USA Waste), reported on the past quarter activities and presented a Two Thousand Dollar donation to Council Member Tony Hernandez pledged toward the City Park ballpark renovations. INTERVIEW: Ms. Joan Cate Grimes, Candidate for First Alternate Membership to the Beautification Board has been a resident for only four months and is ineligible at this time for membership. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 1, 1998 Page 2 CONSIDERATIONS: 1. (Tape 1,447)A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the Gold Plan Employee Group Health Insurance Renewal with Florida Municipal Insurance Trust. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. (Tape 1,609)A motion was made by Mr. Hernandez and seconded by Mayor Randels to approve the Construction Administration and Inspection Services for Reuse System, Phase I. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. (Tape 1, 1240)A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Equipment Mutual Aid Agreement between the City of Cape Canaveral and the City of Cocoa Beach. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. (Tape 1, 14 10)A motion was made by Ms. Salamone and seconded by Mr. Hernandez to approve the Amended Transportation Impact Fee Disbursement Agreement with Brevard County for the SR AJA Pedway Project. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. (Tape 1, 1618)A consideration to Purchase a Canon Digital Copy System in the Amount of$11,999, Utilizing State Contract for the Public Works Department Administration was rej ected. 6. (Tape 1,2126) Mayor Randels read Ordinance No. 25-98 by title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA-S98-1,WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS;PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 1, 1998 Page 3 A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to approve Ordinance No. 25-98 for second reading. There was no public comment. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 7. (Tape 1, 2485) Mayor Randels read Ordinance No. 26-98 by title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246,OFFICIAL ZONING MAP,BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT)TO C-1 (LOW DENSITY COMMERCIAL DISTRICT)AS DESCRIBED IN EXHIBIT"A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Ms. Salamone to approve Ordinance No. 26-98 for second reading. There was no public comment. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels,For. 8. (Tape 1,2601) Mayor Randels read Ordinance No. 14-98 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b),BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve Ordinance No. 14-98 for second reading. There was no public comment. The motion passed 4-0 with the voting as follows: Ms. Salamone,For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 1, 1998 Page 4 9. (Tape 1,2960)Mayor Randels read Ordinance No. 27-98 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,REGARDING ARTICLE III OF CHAPTER 22,COMMUNITY APPEARANCE REVIEW,BY AMENDING CODE SECTION 22-41,COMPLIANCE WITH OTHER CODE PROVISIONS, BY ADDING A DEFINITION SECTION;AND AMENDING SECTION 22-44,APPLICATION CRITERIA,BY REQURING A COLOR PHOTOGRAPH OF THE SITE TO BE SUBMITTED;PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve Ordinance No. 27-98 for second reading. There was no public comment. City Council requested that the Community Appearance Board clarify the proposed definitions in the proposed ordinance. A motion was made by Ms. Salamone and seconded by Mr. Hernandez to table Ordinance No. 27-98. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels,For. 10. (Tape 2,664) Mayor Randels read Ordinance No. 28-98 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110,ARTICLE IX, SUPPLEMNTARY DISTRICT REGULATIONS,BY AMENDING SECTION 110-483,WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS,OF THE CODE OF CAPE CANAVERAL, FLORIDA,PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATING NONCONFORMING STRUCTURES;REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Ms. Salamone to approve Ordinance 28-98 for second reading. There was no public comment. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTION: 11. (Tape 2, 850) Mayor Randels read Resolution No. 98-22 by title City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 1, 1998 Page 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING THE CITY OF CAPE CANAVERAL EMPLOYEES' PENSION PLAN; PROVIDING FOR CONFLICTING RESOLUTIONS;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Ms. Salamone to approve Ordinance 28-98 for second reading. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. REPORTS: 12. City Manager - Bennett Boucher COPS Fast Grant (Tape 2, 1000) Officer Ernie Perry and Major George McGee were present in response to the City's request that the Sheriffs Department pursue equipment grants. Officer Perry explained that the Sheriffs Department is applying for a grant for video cameras in the amount of$54,525, the City's matching portion is $3,259. Major McGee requested that the City purchase three video cameras at $3,635 each. Council concurred to place the item on the next regular agenda for consideration. A motion was made by Ms. Salamone and seconded by Mayor Pro Tem Petsos to approve authorizing the City Manager to apply for a COPS Fast Grant. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. • Mr. Boucher reminded Council of the Budget First Hearing scheduled for September 9, 1998 at 5:30 p.m. • Mr. Boucher reported that the County Property Tax bills are out. • Mr. Boucher reminded Council of the Proposed Sign Ordinance Town Forum scheduled for September 10, 1998 at 7:00 p.m. • Mr. Boucher reported that the proposed Building Permit Fees Revision is scheduled for the September 15, 1998 agenda. • Mr. Boucher announced that volunteer projects are scheduled as follows: -Coastal Cleanup 9/19 -Recreation Center flower beds 9/26 -Manatee Sanctuary Park 10/10 City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 1, 1998 Page 6 AUDIENCE TO BE HEARD: There was no comment. City Clerk—Sandra Sims No report. City Attorney—Kohn Bennett No report. Council Member—Joy Salamone No report. Council Member—Tony Hernandez • Mr. Hernandez queried if the City is recapturing the Sheriffs Investigative Costs yet. Mr. Boucher reported that he is still researching the matter. • Mr. Hernandez reported that residents of a condominium on Rosalind Avenue, adjacent to the school are piling garbage at the curb during the week. He requested that code enforcement or whomever can resolve the problem to research the issue. • Mr. Hernandez requested that the City Park renovation project be placed on a regular agenda. Mr. Boucher explained that the Recreation Board must review the project before it is placed on the Council agenda. Mayor Pro Tem—Buzz Petsos • Mr. Petsos reported that he spoken with representatives of Disney in regard to AIA landscaping for the City of Cape Canaveral that could prove helpful in discussions with Mr. Bennix. • Mr. Petsos reminded Council of the Cape View Pancake Breakfast Saturday, September 5, 1998. Mayor -Rocky Randels • Mayor Randels commended Greg Mullins, Code Enforcement Officer, for receiving is Mechanical Inspector License. • Mayor Randels reported that the mag-lev rail service from Orlando is seeking land to implement the train service. • Mayor Randels referred to the Canaveral Precinct Report of illegal activities from residences located at 109 Lincoln Avenue and 350 Monroe Avenue. He opined that the city should determine a way to eliminate these problems, possibly by purchasing the property. There being no further business the meeting adjourned at 10:00 P.M. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 1, 1998 Page 7 Rocky Randels,MAYOR Sandra Rozar Sims, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue,Cape Canaveral, Florida TUESDAY September 15, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Burt Bruns Tony Hernandez Council Members Absent Joy Salamone Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Ed Gardulski,Public Works Director City Treasurer, Andrea Bowers Recreation Director,Nancy Hanson CONSIDERATIONS: 1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the Landscaping Bid Award, RFP No. 98-10 to Nick's Lawn Service. The motion passed 3-1 with the voting as follows: Mr. Bruns,For; Mr. Hernandez, For; Mayor Pro Tem Petsos, Against; and Mayor Randels, For. 2. <Tape 1, 1306>A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Outdoor Entertainment Permit for the City Crime Prevention and Safety Fair. The motion passed 4-0 with the voting as follows: Mr. Bruns,For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 15, 1998 Page 2 3. <Tape 1, 1460>A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Collective Bargaining Agreement with the International Union of Operating Engineers (AFL-CIO). The motion passed 4-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape 1,2100>A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the 1998 City of Cape Canaveral Employee Wage Plan and Job Descriptions. The motion passed 4-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. <Tape 1,2490>A motion to approve the appropriation of$14,405 for Police Equipment was deferred until the next scheduled City Council meeting on October 6t" Mr.Petsos left the meeting at this time.(8:20 P.M.) 6. <Tape 1,3166)Mayor Randels read Ordinance No. 25-98 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA-S98-1,WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP;PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS;PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No. 25-98 at second reading. There was no public comment. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez,For; and Mayor Randels, For. 7. <Tape 1,3348>Mayor Randels read Ordinance No. 26-98 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-1 (LOW DENSITY COMMERCIAL DISTRICT)AS DESCRIBED IN EXHIBIT"A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 15, 1998 Page 3 ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No. 26-98 at second reading. There was no public comment. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 8. <Tape 1,>Mayor Randels read Ordinance No. 14-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Ordinance No. 14-98 at second reading There was no public comment. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels,For. 9. <Tape 1,3575>Mayor Randels read Ordinance No. 28-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMNTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110-483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATING NONCONFORMING STRUCTURES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Ordinance No. 28-98 at second reading. There was no public comment. The motion passed 3-0 with the voting as follows: Mr. Bruns,For; Mr. Hernandez,For; and Mayor Randels,For. City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 15, 1998 Page 4 10. <Tape 1,3760>Mayor Randels read Resolution No. 98-25 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Resolution No. 98-25 inserting the names Connie McKone as a Regular Member and Paula Collins as a Second Alternate Member to be reappointed to the Board of Adjustments and Appeals with terms to expire on October 1, 2001. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 11. <Tape 1,3781>Mayor Randels read Resolution No. 98-26 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Resolution No. 98-26 reappointing members to the Recreation Board inserting the names Harvey Renshaw, Colin Finnigan, Alden "Bob" Gorham and William Schmidt with terms to expire on October 1, 2000. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 12. <Tape 1,3889>Mayor Randels read Resolution No. 98-27 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Resolution No. 98-27 reappointing members to the Library Board inserting the names Dr. Tim Grady, Joanna Atwood, and Roseann Gallagher with terms to expire on October 1, 2000. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 13. <Tape 2, 192>Mayor Randels read Resolution No. 98-28 by title. A RESOLUTION RE-ESTABLISHING MINIMUM PERMIT FEES, PLAN CHECKING FEES, REINSPECTION FEES,AND FEE SCHEDULE FOR SITE PLANS AND REPLAT/SUBDIVISION City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 15, 1998 Page 5 OF LAND FOR THE CITY OF CAPE CANAVERAL, FLORIDA;REPEALING RESOLUTION NO. 92- 56; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution No. 98-28. Mark Nelson, 207 Arthur Avenue, expressed concern that the proposed fee increases range from 7% to 140% depending on valuation of a project. He opined that permit fees are going up excessively faster than construction costs. Further, he stated that all fees required are not outlined when requesting a permit for a construction project, creating surprise costs. City Attorney, Kohn Bennett, stated that the Building Department should develop an informational packet for builders to know all procedural requirements and permitting fees encompassing all categories. Tom Quinn, resident and contractor, related that page 4 is double billing. He related that it is not fair that builders should pay for an outside plans examiner if the city does not have a qualified employee. An amending motion was made by Mr. Hernandez and seconded by Mayor Randels to change the language to reflect that the fee is required "when an outside plans examiner is required to resolve a dispute between the city and the applicant." Council concurred that the ordinance should still be re-visited. The motion passed 3-0, with voting as follows: Mr. Bruns,For; Mr. Hernandez, For; and Mayor Randels, For. The main motion passed 3-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 14. <Tape 2, 15753>Mayor Randels read Resolution No. 98-29 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to postpone discussion on approval of Resolution No. 98-29 until the next scheduled City Council meeting on October 6, 1998. The motion passed 3-0 with the voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 15. <Tape 2, 1623>Mayor Randels read Resolution No. 98-30 by title City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 15, 1998 Page 6 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC.;PROVIDING FOR AN EFFECTIVE DATE. Fire Chief, Dave Sargeant, stated that next year,paramedic salaries will have to be reconsidered in view of market trends. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Resolution No. 98-30 and passed 3-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. 16. Motion to Approve: Resolution No. 98-31, Urging the Florida Public Service Commission to Maintain Area Code 407 for the Telephone Service for All of Brevard County. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUTY, FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO MAINTAIN AREA CODE 407 FOR THE TELEPHONE SERVICE FOR ALL OF BREVARD COUNTY; AND PROVIDING AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mayor Randels to approve Resolution No. 98-31. The motion passed 3-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; and Mayor Randels, For. DISCUSSION: 17. Motion to Approve: Ordinance No. 29-98, Revised City of Cape Canaveral General Employee Personnel Rules and Policies AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Council concurred to place Ordinance No. 29-98 on the next regular agenda. 18. Joint Meeting with Cocoa Beach City Commission, October 7, 1998, 7p.m. Council concurred meet jointly with the Cocoa Beach City Commission and suggested the following topics of discussion: City of Cape Canaveral, Florida City Council Regular Meeting Minutes September 15, 1998 Page 7 • Joint street sweeping • Sidewalks—connecting REPORTS: City Manager -Bennett Boucher • Mr. Boucher reminded Council of the Budget Hearing on Monday, September 9, 1998. Mr. Hernandez will be unable to attend. • Mr. Boucher reported that a lot of feedback was received during the Town Forum on the proposed sign ordinance. He related that those attending expressed interest to form an ad hoc committee. Mr. Bruns opined that an ad hoc committee would not be as effective as a public meeting with Council. Mr. Leo Nicholas, resident, agreed. AUDIENCE TO BE HEARD: There was no public comment. City Clerk—Sandra Sims Ms. Sims requested that City Council appropriate $150 toward the Florida City Government Week poster contest. Council approved the expenditure. City Attorney—Kohn Bennett No report. Council Member—Burt Bruns No report. Council Member—Tony Hernandez No report. Mayor -Rocky Randels No report. There being no further business the meeting adjourned at 10:10 P.M. Rocky Randels,MAYOR Sandra Rozar Sims, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue,Cape Canaveral,Florida TUESDAY October 6, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Burt Bruns Joy Salamone Council Members Absent Tony Hernandez Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Recreation Director, Nancy Hanson CONSIDERATIONS Ms. Kacee Corbin presented the 1998 Fall Beautification Awards to the following recipients: Residential Multi-Family Commercial Lawrence Schryer Royal Mansions AJT &Assoc., Inc. 300 E. Central Blvd. 8600 Ridgewood Ave. 8910 Astronaut Blvd. PROCLAMATION <Tape 1,300>Mayor Randels read the proclamation honoring National Pharmacy Week. Ms. Cathy Petsos, Pharmacist,was present to receive the proclamation and related some of the roles pharmacists are providing in the communities. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 6, 1998 Page 2 Mayor Randels read the Florida City Government Week proclamation and will deliver it to the Cocoa Beach High School. INTERVIEWS <Tape 1,526>Attorney Bennett conducted Board member interviews for prospective Library Board candidates Ms. June E. Bell and Mr. James K. Brown. Ms. Bell has lived in Cape Canaveral for 15 years; she has no family on City boards and no family members on City staff. Mr. Brown has lived in Cape Canaveral for two and one-half years. Mr. George Reid was not available for an interview at this time. ADD ON ITEM <Tape 1,747>Officer Ernie Perry, Community Policing Officer at Canaveral Precinct, spoke about the Cape View Fall Festival scheduled for October 17th. A Safety Fair will be held at the same time. He announced that the Human Crisis Council opened a food shop and would distribute 40,000 pounds of food on October 17th and each consecutive month. CONSIDERATIONS 1. <Tape 1, 1200>The City Council Regular Meeting Minutes of August 18, 1998 were deferred until the October 201h meeting. 2. <Tape I, 1210>A motion was made by Ms. Salamone and seconded byMr. Petsos to approve the Permit Extension Request for the Wingate Hotel. Mr. Petsos stated that he supports the request due to Ken Grinstead, the Acting Building Official's recommendation. The motion passed 4-0 with the voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mayor Pro Tem Petsos,For and Mayor Randels, For. ORDINANCES -FIRST READING 3. <Tape 1, 1234>Mayor Randels read Ordinance No. 29-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING SECTIONS OF THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance No. 29-98 for second reading. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 6, 1998 Page 3 Ms. Salamone stated that she was adamantly in disfavor of providing Martin Luther King, Jr. Day as a holiday for employees. She related that Mr.Nicholas has been trying for years to institute Veterans Day as a holiday, to no avail and therefore, would not support this proposed new holiday. Ms. Salamone requested and Council concurred to maintain the term"probationary"rather than changing to introductory period. Council concurred that demotions and reinstatements should remain a six- month probationary period. There was no public comment. The motion passed 3-1 with the voting as follows: Ms. Salamone, Against; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 4. <rape 1,2433>Mayor Randels read Ordinance No. 30-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110,ZONING,OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110-1,DEFINITIONS,BY REDEFINING HOTELS AND MOTELS WITHIN THE CITY;AMENDING SECTION 110-122,HOTELS AND MOTELS,BY AMENDING REQUIREMENTS OF THE ISSUANCE OF CERTIFICATES OF OCCUPANCY; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance No. City Attorney, Kohn Bennett, explained that this ordinance is basically a housecleaning item. He related that the definition for kitchen facility and cooking facility could be determined by second reading as requested by Council. The motion passed 4-0 with voting as follows: Ms. Salamone, For; Mr. Bruns,For; Mayor Pro Tem Petsos, For and Mayor Randels,For. RESOLUTIONS S. -rape I,3371>Mayor Randels read Resolution No. 98-29 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B.WILLIAMS,AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance No. 30-98 at second reading. City Attorney, Kohn Bennett, explained that the agreement is sufficient stopping at the date October 1, 1999. He explained that the next paragraph would not be used and,therefore, should not be included. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 6, 1998 Page 4 An amending motion was made by Mr. Petsos and seconded by Mr. Bruns to strike page 2,the second paragraph. The motion passed 4-0,with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. The main motion passed 4-0 with voting as follows: Ms. Salamone,For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 6. <Tape I,3876>Mayor Randels read Resolution No. 98-33 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; SUPPORTING REVISION NO. 10 TO THE FLORIDA CONSTITUTION,AND ENCOURAGING OUR CITIZENRY TO VOTE YES TO THIS REVISION. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to approve Resolution No. 98-33. There was no public comment. The motion passed 4-0 with the voting as follows: Ms. Salamone,For; Mr. Bruns, For; Mayor Pro Tem Petsos,For and Mayor Randels, For. REPORTS City Manager • Mr. Boucher reported that the drainage ditch, commonly known as Canaveral Creek, is scheduled to be cleaned next week starting at the port. • Mr. Boucher reported that SSA submitted their outfall conceptual drawings today, therefore, a grant can be sought. • Mr. Boucher reminded Council of the Comprehensive Plan- EAR Workshop scheduled for October 14, 1998. AUDIENCE TO BE HEARD • Ms. Kacee Corbin, resident, reported that she is serving on the Keep Brevard Beautiful Board and her sub-committee has adopted Ridgewood from Royal Mansions to Grant Avenue. She stated that letters need to be written to owners of vacant lots. In some areas, the growth is significant enough to impede being able to pick up trash. Staff is to research the matter. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 6, 1998 Page 5 • Ms. Jean Simoes, resident, queried when construction may begin on the new development North of Shorewood. Mr. Bennett replied that a contract is currently being negotiated with a Kansas City buyer,however, it is unknown when construction may begin. • Major George McGee, Canaveral Precinct Chief,reported that Sea Ray has donated a boat to the Sheriff's Department and will enable enforcement of the City's personal watercraft ordinance as well as rescue. REPORTS CONTINUED City Clerk—Sandra Sims Ms. Sims reminded Council that the November 3 meeting needs to be rescheduled if Council chooses to follow past precedent. A motion was made by Mr. Bruns and seconded by Ms. Salamone to reschedule the November 3, 1998 meeting to Thursday, November 5, at 5pm to certify the election results and install the newly elected Council Members. The main motion passed 4-0 with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. City Attorney—Kohn Bennett No report. Council Member—Joy Salamone • Ms. Salamone reminded Council of the Cape View Fall Festival to be held on Saturday, October 17, 1998. Council Member—Burt Bruns No Report. Mayor Pro Tem—Buzz Petsos • Mr. Petsos recommended that the City request the County to place a security trailer at Cherie Down Park. Mayor - Rocky Randels • Mayor Randels reported that City Gas has the results of their customer survey. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 6, 1998 Page 6 • Mayor Randels reported that the City has received a favorable response in regard to the Resolution the City forwarded to the Public Service Commission as it relates to the proposed changes to the 407 area code. • Mayor Randels stated that"Dial Communications,"the City's contractors installing reclaimed water lines are breaking telephone lines too often. Staff is to determine if the problem is with the locates or the crew. There being no further business the meeting adjourned at 9:15 P.M. Rocky Randels,MAYOR Sandra Rozar Sims, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 20 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Mayor Pro Tem Buzz Petsos Tony Hernandez Joy Salamone Council Members Absent Mayor Rocky Randels Burt Bruns Others Present City Manager,Bennett Boucher City Attorney,Kohn Bennett City Clerk, Sandra Sims Ed Gardulski, Public Works Director Nancy Hanson, Recreation Director PRESENTATIONS: Mayor Pro Tem Petsos and Mr. Robert Fritz presented awards for the Florida City Government Week poster contest. Mr. Robert Fritz, of the Cocoa Beach Citizens League, explained the League's part in the presentation and awarded the three winners: Brittany Rossi, Jared Scholato and Jessica Singleton a check. Each winner received a total of$50. PROCLAMATIONS: <Tape 1,390>Mayor Pro Tem Petsos read the following proclamations which were forwarded: • National Epilepsy Month • Supporting Amendment Five to the Florida Constitution, Conservation of Natural Resources and Creation of the Florida Fish and Wildlife Conservation Commission. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 20, 1998 Page 2 CONSIDERATIONS: 1. <Tape 1,240>A motion was made by Ms. Salamone and seconded by Mr. Hernandez to approve the Regular City Council Meeting Minutes of August 18, 1998. The motion passed 3-0 with voting as follows: Ms. Salamone, For; Mr. Hernandez, For; and Mayor Pro Tem Petsos,For. 2. <Tape 1,410>A motion was made by Ms. Salamone and seconded by Mr. Hernandez to reject all bids in Request for Proposal No. 98-11, Janitorial Services. Mr. Boucher explained his recommendation according to his memo in the agenda backup to reject all bids. Mr. Hernandez expressed concern that more professional janitorial services did not bid. Mayor Pro Tem Petsos recommended monitoring the Recreation and Youth Center for better cleaning. The motion passed 3-0 with voting as follows: Ms. Salamone,For; Mr. Hernandez, For and Mayor Pro Tem Petsos, For. 3. <Tape 1,570>Mayor Pro Tem Petsos read the title of Ordinance No. 29-98. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING SECTIONS OF THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mayor Pro Tem Petsos to approve Ordinance No. 29-98 at second reading. Ms. Salamone was opposed to the extra day off for Martin Luther King Jr. Day, suggesting that it should have been Veterans Day. Mr. Hernandez encouraged acknowledging both days. Mayor Pro Tem Petsos suggested an exchange of the employee's birthday day for Veteran's Day. There was no public comment. The motion passed 2-1 with voting as follows: Ms. Salamone, Against; Mr. Hernandez,For and Mayor Pro Tem Petsos, For. 4. <Tape 1,708>Mayor Pro Tem Petsos read the title of Ordinance No. 30-98. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110,ZONING,OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110-1,DEFINITIONS,BY REDEFINING HOTELS AND MOTELS WITHIN THE CITY;AMENDING SECTION 110-122,HOTELS AND MOTELS,BY AMENDING REQUIREMENTS OF THE ISSUANCE OF CERTIFICATES OF OCCUPANCY; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 20, 1998 Page 3 A motion was made by Mr. Hernandez and seconded by Ms. Salamone to approve Ordinance No. 30-98. There was no public comment. The motion passed 3-0 with voting as follows: Ms. Salamone, For; Mr. Hernandez, For and Mayor Pro Tem Petsos, For. 5. <rape 1, 1481>Mayor Pro Tem Petsos read the title of Resolution No. 98-34: A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; APPOINTING ONE(1)FIRST ALTERNATE MEMBER AND ONE(1)SECOND ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. City Clerk, Sandra Sims explained that Ms. June Bell requested that her name be withdrawn to allow Mr. George Reid an opportunity for appointment first. A motion was made by Mr. Hernandez and seconded by Ms. Salamone to approve Resolution No. 98-34 appointing Mr. James K. Brown as First Alternate Member of the Library Board. The motion passed 3-0 with voting as follows: Ms. Salamone, For; Mr. Hernandez, For, and Mayor Pro Tem Petsos, For. 6. <Tape 1, 1515>Mayor Pro Tem Petsos read the title of Resolution No. 98-35: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING THREE REGULAR MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve Resolution No. 98-35 reappointing Jacqueline Coates, Robert Murray and Martha Carroll as Regular Members of the Beautification Board. The motion passed 3-0 with voting as follows: Ms. Salamone,For; Mr. Hernandez, For; and Mayor Pro Tem Petsos, For. REPORTS 7. City Manager—Bennett Boucher • Mr. Boucher stated that if there is no objection, flags will be erected throughout the city from October 29 through November 11, 1998 to honor the John Glenn— Discovery Launch and Veterans Day. Council concurred. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 20, 1998 Page 4 • Mr. Boucher stated that the request by the Sheriffs Department for purchasing three video cameras was incorporated into the 1998/1999 budget. • Mr. Boucher reported that a press release was published on the charter referendum issue. • Mr. Boucher reported that a request for reclaimed water has been received for Jetty Park and will be on the next agenda for discussion. • Mr. Boucher commended Council Member Joy Salamone for her commitment to serving the city this past year. AUDIENCE TO BE HEARD • Officer Ernie Perry, Canaveral Precinct,queried if Noise Ordinance, Section 34-153 of the Cape Canaveral Code of Ordinances, has legal sufficiency to provide that condominium property owners may be put on notice and subsequently arrested when occupants do not respond. City Attorney, Kohn Bennett,responded that the current ordinance is not clear enough to impose an owner's arrest. He stated that an ordinance could be drafted to facilitate the enforcement. REPORTS CONTINUED City Clerk—Sandra Sims No report. City Attorney—Kohn Bennett No report. Council Member—Joy Salamone • Ms. Salamone reported that the Cape View Fall Festival on Saturday, October 17, 1998 was successful with good feedback and she commended Officer Ernie Perry for his efforts. Council Member—Tony Hernandez • Mr. Hernandez reported that the garbage on Rosalind continues to stay at the curb. • Mr. Hernandez queried why the City Park project was not on the list of potential grant pursuits from Clark, Roumelis and Associates. Mr. Boucher stated that he will write a letter requesting that the park be included. City of Cape Canaveral, Florida City Council Regular Meeting Minutes October 20, 1998 Page 5 Mayor Pro Tem—Buzz Petsos • Mr. Petsos commended Officer Ernie Perry and Ms. Salamone on the Cape View Fall Festival and Safety Fair. • Mr. Petsos commended Officer Ernie Perry for his coordination of the Apartment Owners' Meetings. There being no further business the meeting adjourned at 8:15 P.M. Rocky Randels,MAYOR Sandra Rozar Sims, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY November 5, 1998 5:00 P.M. MINUTES Call to Order: Pledge of Allegiance: Roll Call: Council Members Present Council Members Absent Burt Bruns Tony Hernandez Buzz Petsos Joy Salamone Mayor Randels Richard Treverton Others Present City Manager,Bennett Boucher City Attorney,Kohn Bennett City Clerk,Sandra Sims City Treasurer,Andrea Bowers Public Works Director,Edward Gardulski New Business: 1. Mayor Porter read Resolution No. 98-36 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 3, 1998; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 98-36. There was no public comment. The following were elected: Burt Bruns, 3-year term; Richard Treverton, 3-year term; and Buzz Petsos, 1-year term. The resolution was approved 4-0,with voting as follows: Mr. Bruns, For; Mr. Petsos, For; and Mayor Randels, For. City Attorney, Kohn Bennett, administered to Mayoral Oath of Office to the newly elected Council Members. Council Member, Richard Treverton took his seat at the dais at this time. \\cape-nt\cityclerk\cityclk\minutes\regular\1998\11-05-98.doc City Council Regular Meeting Minutes November 5, 1998 Page 2 2. Mayor Randels read Resolution No. 98-37 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. A motion was made by Mayor Randels and seconded by Mr. Bruns to approve Resolution No. 98-37, inserting the name Buzz Petsos as Mayor Pro Tem. There was no public comment. The motion passed unanimously 4-0 with voting as follows: Mr. Treverton, For; Mr. Bruns, For; Mr. Petsos, For; and Mayor Randels, For. ADJOURNMENT: There being no further business, the meeting adjourned at 5:12 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK E � Meeting Type: Regular Meeting Date: 11-17-98 �yY AGENDA _ Hedge Considerations CM OR CAPE CANAVERAL j 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR THIRD ANNUAL REINDEER 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 last year. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit City Manager'srOffice Department ADNIINISTRATION :\44mi uncillmeeting119 11 remdeer.doc CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. 003 Date: 11-05-98 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the evenfand empowered to act for the applicant. NameofApplicant: Suzanne A. Sparling Title: Director, Resource Development Firm: United Way of Brevard County Address: 937 Dixon Boulevard Cocoa, Florida 32922 Telephone: 407-631-2740 FAX. 407-631-2007 Local Contact: Suzanne A. Sparling Title: Director, Resource Development Local Address(if different from above) Type of Event: Third Annual Reindeer 5K Run/Walk for United Way of Brevard County EventDate(s)in Cape Canaveral: Saturday, December 12, 1998 Location(s): Date(s) Time Cherie Down Park, Saturday, December 12, 1998, 9:00 a.m. to 10:45 a.m. Set-up time: 6:45 a.m. Attach map(s) indicating event area and designated parking areas. i3Traffic Control UUse of Police/Fire Rescue Equipment ZStreetClosing (see attached map) ❑Vehicles/EquipmentonBeach COther x®Vehicle Parking on City Property Specify: (1) Traffic control - help block streets (2) Use of police/fire rescue equipment - barricades, safety and fire extinguishers (3) Vehicle parking on city property - using Cape View Elementary By signing this application,the applicant acknowledges and agrees to the following provisions: I. 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: ATTACHED 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. EXPENSESNEES 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. (1) Filing Fee (2) Cash Clean—Up Bond (3) Event starts at 9:00 a.m. ; set—up at 6:45 a.m. _ Cc ti w Date Applit or RepresentativwTitle J / L)� Approved by City of Cape Canaveral: City Representative's Name: Title: City Manager Signature: 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: (407) 868-1230 Fax: (407)799-3170 IDDITIONAL INSU RtD COPY POLICY #: 77 BO 492-146-3001 D CITY OF CAPE CANAVERAL CHERIE DOWN PARK 105 POLK AVENUE CAPE CANAVERAL FL 32920 Policy For: UNITED WAY OF BREVARD INC 937 DIXON BLVD COCOA FL 32922 Cas. 4369 ADDITIONAL I NSU RED COPY POLICY NUMBER. BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE, ASSIGNEE, OR RECEIVER This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name of Person or Organization: CITY OF CAPE CANAVERAL CHERIE DOWN PARK 105 POLK AVENUE CAPE CANAVERAL FL 32920 Designation of Premises: 937 DIXON BLVD COCOA FL 32922 The following is added to Paragraph C. WHO IS AN out of the ownership, maintenance, or use of INSURED in the Businessowners Liability Coverage the premises by you and as shown in the Form: Schedule. 4. The person or organization shown in the Schedule This insurance does not apply to structural altera- is also an insured, but only with respect to liability tions, new construction and demolition operations as mortgagee, assignee, or receiver and arising performed by or for that person or organization. * Information required to complete this Schedule. if not shown on this endorsement, will be shown in the Declarations. BP 04 09 01 87 Copyright, Insurance Services Office, Inc., 1985 NATIONWIDE INSURANCE BUSINESSOWNERS POLICY DECLARATIONS HOME OFFICE - CCLUMBUS.OHIO Issued By: NATIONWIDE MUTUAL INSURANCE COMPANY Policy Number: RENEWAL 77 BO 492-146-3001 D Named Insured Mailing Address UNITED WAY OF BREVARD INC Form of Business: E] Sole Proprietorship 937 DIXON BLVD ❑ Partnership ® Corporation LOCOA FL 32922 ❑ Other: Policy Period: From FEBRUARY 28. 1998 to FEBRUARY 28, 1999 at 12:01 A.M. " Standard Time at your mailing address. *Exceptions: 12:00 Noon in New Hampshire and Puerto Rico. Described Premises: Premises No. Bldg. No. Location Address Description of Business 001 01 937 DIXON BLVD PUBLIC RELATIONS SERVICES COCOA FL 32922 Mortgage Holder Name and Address: Premises No. Bldg. No. Mortgage Halder Mortgage Halder 001 01 NATIONSBANK 82 N ATLANTIC AVE COCOA BEACH FL 32931 IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE TO PROVIDE YOU WITH THE INSURANCE AS STATED IN THIS POLICY. PROPERTY COVERAGES ❑ Standard Form ® Special Form LIMITS OF INSURANCE Premises No. Building No. 001 01 Buildings–Replacement Cost $ 229,500 Actual Cash Value Option $ Automatic Increase 2 % Business Personal Property $ 40,000 Deductible $ 500 This Policy Includes Business Income and Extra Expense Coverage. OPTIONAL PROPERTY COVERAGES— Applicable only if an°X" LIMITS OF INSURANCE is shown in the boxes below: ❑ Outdoor Signs $ Per Occurrence X❑ Exterior Grade Floor Glass Included ❑ Burglary and Robbery (Standard Form only) $ Inside the Premises or $ Outside the Premises © Money and Securities(Special Form only) $ 10J000 Inside the Premises $ 21000 Outside the Premises ® Employee Dishonesty $ 50,000 Per Occurrence ❑ Systems Protector See Form No.Cas. 4276 ❑ Earthquake % Deductible $ ❑ $ ❑ $ ❑ is Cas. 4401-A (2-93) Page 1 of 2 NATIONWIDE INSURANCE BUSINESSOWNERS POLICY DECLARATIONS HOME OFFICE - CCLUMBU5.OHIO LIABILITY AND MEDICAL EXPENSE COVERAGES LIMITS OF INSURANCE Liability and Medical Expense $ 1 '000,000 Any One Occurrence Personal and Advertising Injury Included in Above—Any One Person or Organization Medical Expenses $ 5,000 Any One Person Fire Legal Liability $ 50,000 Any One Fire or Explosion General Aggregate Limit (other than Products-Completed Operations and Fire Legal Liability) $ 2,000,000 Products-Completed Operations Aggregate Limit $ 1 ,000,000 OPTIONAL LIABILITY COVERAGES —Applicable only if an LIMITS OF INSURANCE Ix" is shown in the boxes below: ❑ $ ❑ $ FORMS APPLICABLE TO ALL PREMISES AND BUILDINGS: BP 00 06-0689 SP 00 09-0689 IL 00 03-0689 BP 00 02-0689 CAS 4213 CAS 4847-1195 BP 04 02-0187 BP 04 09-0187 BP 01 39-0387 CAS 3228 CAS 3391-0887 CAS 4809-1094 1 L 01 75-0993 IL 02 55-0594 CAS 2527 B-0794 BP 04 17-0689 CAS 3880-0788 CAS 4420 BP 04 04-0187 CAS 4422 PREMIUM Total Annual Premium $ 11874.89 Includes the following miscellaneous charges FLORIDA DOR SURCHARGE $ 1 .89 F.M.A.P. SURCHARGE $ 4.00 In the event you cancel the policy, we will retain not less than$ 350 premium. P.O. BOX 147080 Date of Issue: 01-13-98 Issuing Office: GAINESVILLE, FL 32614 Countersignature Date: Agency At: TITUSVILLE FL 32781 Agent: ROGER D. LEWIS 0001837-09 Page 2 of 2 Cas. 4401-A (2-93) NATIONWIDE BUSINESSOWNERS POLICY INSURANCE HOME SUPPLEMENTAL DECLARATIONS m 'OFFICE CCIUMBUS.OHIO Policy Number: RENEWAL 77 BO 492-146-3001 D FORMS APPLICABLE ONLY TO SPECIFIC PREMISES/COVERAGES: Premises No. Bldg. No. Form Number *Coverage 001 01 CAS 3997 B 001 01 CAS 4497-1194 001 01 CAS 4413 001 01 1 L 04 15-0689 * If information required to complete the coverage section is not shown, refer to the form indicated at left. Cas. 4403 ADDITIONAL I N S U RED COPY- POLICY OPYPOLICY #: 77 BO 492-146-3001 D CITY OF CAPE CANAVERAL CHERIE DOWN PARK 105 POLK AVENUE CAPE CANAVERAL FL 32920 Policy For: UNITED WAY OF BREVARD INC 937 DIXON BLVD COCOA FL 32922 Cas. 4369 ADDITIONAL INSURED COPY POLICY NUMBER:77 BO 492-146-3001 D BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER POLICY CHANGES EFFECTIVE 77 BO 492-146-3001 D AUGUST 27, 1998 NAMED INSURED AUTHORIZED REPRESENTATIVE ROGER D. LEWIS 0001837-09 UNITED WAY OF BREVARD INC 937 DIXON BLVD COCOA FL 32922 COMPANY NATIONWIDE MUTUAL INSURANCE COMPANY CHANGES SUBJECT TO ALL TERMS AND CONDITIONS OF THE POLICY, IT IS UNDERSTOOD AND AGREED THAT: THE FOLLOWING ADDITIONAL INSURED HAS BEEN CANCELLED: CITY OF CAPE CANAVERAL CHERIE DOWN PARK 105 POLK AVENUE CAPE CANAVERAL, FL 32920 INTEREST 01 HAS BEEN CANCELLED FOR THE PRECEDING ADDITIONAL INSURED AS RESPECTS TO LOCATION 001 BUILDING 01 937 DIXON BLVD COCOA, FL 32922 POLICY AMOUNT AND PREMIUM ADJUSTMENT Limits of Insurance Premiums Prem. Bldg. Coverage Previous Limit New Limit Previous New ❑ Add'I Prem. No. No. Description of Insurance of Insurance Premium Premium ❑ Return Prem. i i BP 12 01 06 89 Copyright, Insurance Services Office, Inc., 1985, 1989 Page 1 of 2 POLICY NUMBER:77 BO 492-146-3001 D BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS POLICY CHANGES THIS ENDORSEMENT FORMS A PART OF THE POLICY NUMBERED BELOW. POLICY NUMBER POLICY CHANGES EFFECTIVE 77 BO 492-146-3001 D AUGUST 27, 1998 NAMED INSURED AUTHORIZED REPRESENTATIVE ROGER D. LEWIS 0001837-09 UNITED WAY OF BREVARD INC 937 DIXON BLVD COCOA FL 32922 COMPANY NATIONWIDE MUTUAL INSURANCE COMPANY CHANGES THE FOLLOWING ADDITIONAL INSURED HAS BEEN CANCELLED: BREVARD MUSEUM OF ART AND SCIENCE 2201 MICHIGAN AVE COCOA. FL 32926 INTEREST 01 HAS BEEN CANCELLED FOR THE PRECEDING ADDITIONAL INSURED AS RESPECTS TO LOCATION 001 BUILDING 01 937 DIXON BLVD COCOA, FL 32922 ADDITIONAL INSURED COVERAGE HAS BEEN CANCELLED AT LOCATION 001 BUILDING 01. POLICY AMOUNT AND PREMIUM ADJUSTMENT Limits of Insurance Premiums Prem. Bldg. Coverage Previous Limit New Limit Previous New ❑ Add'I Prem. No. No. Description of Insurance of Insurance Premium Premium ❑ Return Prem. BP 12 01 06 89 Copyright, Insurance Services Office, Inc., 1985, 1989 Page 1 of 2 SEP-25-98 FRI 03:23 PM UNITED WAY OF BREVARD FAX NO, 4076312007 P. 01 U"ited Way of 8mvard County 937 Dixon Alvd, Cowa,FL 32922 PH 631-2740 rX 631-207 fele tmsmival To: Kim McIntire Fax; 799-3170 From: Suzanne Sparling Date: September 25, 1998 Re: Parks&Rec—request Pages: 5 including cover 0 Lk"nt x For Review El Ptease Camrnent ❑Please Reply 13 Pktase Rerycl MGm: the inquest forrrw%M Parks a Roe today and wiN he mmMV it out right away. Here is a copy far your Thanks for the note regardmg my award—it w"a e mpkft surprFset 1 am of like having'�Bub�seanae with style.,• Flava a great weed i • ♦ • . . . . • . • • • • • • • • . . • • • • 09/25/98 15:25 TX/RX N0.6242 P.001 SEP-25-98 FRI 0324 PM UNITED WAY OF BREVARD FAX N0, 4076312007 P. 02 BREVARD COUNTY CENTRAL AREA--MERRl7T ISU►ND/REACHE' PARKS 8t RECREATION DEPARTMENT PAW OPERATIONS ?SO Kiwanic Pant Roa, Application for F'ACIUTY USE PERMITMerritt tslar4 FL 32951 6 06 APp11CANT PHONE. 407-455-1380 FAX: 407-455-138:rye _ 5r I � rnbe>}-- R 19 9 r 11! t, TE— ORCuJitZA71gN �f W 31 G� yQ yz) ❑ PROFIT ON-PROFIT 1•t/uUW.ADDRESS �YY. Lp ME PH:, OMCE PH: 151Vd a !� d VACIUTY REQUESTED MR p0A"ON OF): INTDOW USE choric.. Dcor, par — WILL ACTwiTY Be OPEN TO PuBt10 ww AaMUION BE CHARGED? j�YEs Q NQ PROCEEDS To; �'.� w O.f 6 V4A YES ❑ Nd TICKET SALES: AlfVA E "• AT-'THE-tx�OR 5LCURtTY PROVIDED BY; is Music SCHIPULED? ><Y" d NO TYPE op MUSIC; UR 1px•$- Vr' I., W LL PUBLIC Aomss SYSTEM Be usw? ❑ YES No EQUVKENT REQUESTED; 1 ONIE4 TA81E5 p WRS , DATE(%) REQUESTED: ]pr TIKE(Ir axoNG PWARATION/C fANU/); +tmw,reD ATTOMANa: AGE GROUP; tY:ES�,�PKIQR HOL SCH®uLM TO Be saVED> ❑ YES No WILL A SIGN BE I%SPLAYFD oN COUNTY ptomwrv? 0 YES �7�y0 To AMSOVAL IS REQUIUD, LF YES GNE D ACT WORD NO; J'`. Applicant acknowledges reading and understanding the general rules and regulations for use of the applicable facility as provided by the Parks and Recreation Department and agrees to abide by ad conditions for issuance of this permit--see reverse side for conditions. T.'1t)-c I?' tgnatvre aee Varn at cr"uun^PPrVVaI Ste A P Prove CHARGES: USER FEE ; CLIL04414-UP DEPOSIT $ OTHER* (Spedly) $ DAMAGE DEPOSIT $ _ SALES TAX ; OTHER** (Specify) TOTAL $ TOTAL S RECEIPT NUMBER: Rmtwd by, DATE. ArtaUW: � Returtted to, DATrt: AJ-=NT.-- NOTE: J-=NT:NOTE:A separate check is always required for deposits. RECEIPT NUMBER: BREVARD COUNTY PARKS AND RECREATION DEPARTMENT FACILITY USE PERMIT CENTRAL AREA—MERRITT ISLANDIBEACHES FACILITY (or portion of)-. ALCOHOUc RVraAGM L7 Approved; ❑Not Approved: Q Not Requested PERMIT ISSUED TO: TYPE; a Liquor; 4 Beer; []wine ACTIVITIES: Music ❑Approved; ❑Not Approved: ❑Not Requested DATE(S): TIME: � ----_.. PUBLIC ADORESS SYSTEM ❑Approved; ❑ Not Approved; ❑Not Requested AUTHORIZNG SIGNATURE INSUDATE C1 Approved; �App� R POM Requested 'A08-Wi7CA9(12145) 09/25/98 15:25 TX/RX N0.6242 P.002 N SEP-25-96 FRI 03:24 PM UNITED WAY OF BREVARD FAX NO. 4076312007 P. 03 APPLICAMN FOR WAIVER BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS " PARKS & RECREATION DEPARTMENT 4 ff/ AREA ❑NO" Q CENTFW-MAIMAN11 �CWPA14*19CIIS ❑110 t ❑CAMPGROUNDS Name ")L, rye r}, r Representing (-t-r1+-{ted L�icaLLd GUcwt�y Address Q��} D I X a_ ri �t,/d o t_, Ct�O- �_�tNo+v,ow�,o�—noK cess,cowav) C'd1j t� Cor veru s 3rd #-%L4, �P- g ._Phone k2 �`��c7/n� � DESCRIPTION OFAGTiViTY: Wha �cr tZcv, I kWh eraLbP5aL Tum-9_Q0 a" — Estimated Attendance_ S-b Admission CFr�►rgeIiS ewr - Purpose of Activity_ fix Brief description of organization, its purposes. 90810andrtinent mforrnat�on t,.s r a. .+. ; �e sti W S o r11A J" w cr'rC,w� Nan-Prat? � les Q No Does the Organization assume '`` responsibility for supervision? t Atha BLE mala kLive or amPll"Od music on park facility as a Primary function. tr.�t-fat- L.4c gock 99.-b 4='r4 i s ate. 014 1 Article V M*N4--A orf- O Section 18-104 (2) Alcoholic Beverages--'To aJlo*posses$kRV(sa1a/dan8tion of alcoholic beverages. ❑ Section 18-106 (8) Waiver of general comprehensive liability insurance and in Geu, provide hold harmless affidavit. Field reservation deposit for softba l tournaments must be paid before sub n*ing request for 0 Sections 18-2 and 18-103 Waiver of facility use fees waiver of insurance. sY per Polley 8CC-38. Ntactt_—Pm'n 1. The applicant may appeal the denied fee or softball insurance waiver to the Board of County Commissiorte+rs. 2. A written appeal request must be submitted to the appropriate Parks Operations Director or designee wf tin five (5) days after notification of the denied waiver. 3. The Parks Operations Dir)ctor or designee must then request placement of the Commissioner' cons' appeal on the Hoard of County g n s Applicant's Signaturq. e Date ------------------------------------------------D&Partntent use On ly--------------------------------------------- Criteria for Waiver of Fees: (Check appropriate box-) U I. Activities which are sponsored and co-sponsored by Brevard County for a public purpose. M' 2. Activities sponsored by other governmental agencies. 3. Activities sponsored by groups, organrzations or individuals where proceeds are given to charitable causes, orgranaations, individuals or Brevard County facilities or programs. d 4. AcWhies sponsored by organizations to which Brevard County is a member. Comments- Fee Waiver Request: ❑Recommended O Not Recommended Other Requests Recreation Superintende Daae Fee Waiver Request: 13 Recommended ❑Not Recommended Other Requests Parks Operations Division piregor Date Fee Waiver Request: ❑ RecorraraermW ❑Not Recommended Other Requests Parks & Recreation Depearnent Director Daae Waiver of General Comprehensive Liability Insurance for Softball Tournaments: ❑ Approved 0 Not Approved Parks& Recreation Department Director/Designee �� PR-12rrox0-WP(1Vss) 09/25/98 15:25 TX/RX N0.6242 P.003 SEP-25-98 FRI 03:25 PH UNITED WAY OF BREVARD FAX NO, 4076312007 P. 04 F.VA BOARD OF COUNTY COMMISSIONERS O � � a PARKS:AND AF-ww^7toN DEPARTIMEN7 Con"Arm•Mareltt JShwMrtoackYs Senrlce soeto, (407)455.1380 `C WC XM-*Padr Riled,MUM Ista0d,Frlorlds 32M • r September 28, 1996 TO WHOM IT MAY CONCERN: X, WQ r the undersigned party, do understand that waiving the clean-up/damage �de esYQur department is CAERZE DAWN PATtK n ' C nnip � r 15?peduled rental at I,We, also undQxstand and agree that we are respons ble far any cleaniriq cMa:rges that may arise from our rents], due to inadequate after our rental and/or any -damages associated with our yenta], that cause a direct financial impact on your department. rurther, should there be any charges levied against us for any reason, your department will furnish us with an itemized list of said charges detailing an expected date for reimbursement by us. *$I NATURE AND TITLE • ..t.7:" DATE *Department/Division Heads or City Manager only MAM SCAFUMAOUQK Jei FIAPM O'RFUEN OKlriot� MANGY t4r?GS MARK COOK OtVW0 2 Olsbttt 3 015kid 4 SWTT EI.4.fS TOY PL Jfcl�ttS Dlstrfet 5 CowWAdmkAsbyaW SCOTT KNOX County A"may SANDY CRAWPOM CM+k PRINTED ON RECYCLED PAPrQ 09/25/98 15:25 TX/RX N0.6242 P.004 SEP-25-98 FRI 0325 PM UNITED WAY OF BREVARD FAX NO, 4076312007 P. 05 BREVA" COWrY PA MS AND I CRXA77ON DEPARTlV1IENT CENTRAL AREA-NIERRrrr ISLANDIR£ACEtES SERVICE SECTOR 455-I3$0 - FACII11 Y AND PAVILION RENTAL PATRON RULES All Rentals I. Use of alcohol must be acknowledged and indicated on Facility Use Permit. No alcoholic beye.�jffts may be carried outside the building or pavilions by participants- 2. No vehicle of any kind allowed under pavilions or on grass, except in designated overflow areas. 3. No pets allowed in the park_. 4. Music shall be maintained at sound levels as not to interfere with park patrons and surrounding neighborhoods. Complaints may result in evicztlon from facility/pavilion 5. Number of participants must not exceed legal capacity of the facility and maximum attendance Au must be approximated on the use permit. 6. Installation of decorations: Only scotch or masking tape may be used on interior painted surfaces. Nails may not be used on any facility. Renter must furnish all supplies and completely remove all decorations before leaving. - 7. All signs and banners must be approved prior to rental. 8. Clean-up roust be completed by rental closing time. 9. All trash must be placed inside trash receptacles or otherwise bagged, tied, and placed befara trash receptacle if receptacles are full. I0, Table tops, floor, and adjacent grounds must be clean of refuse and debris resulting from rental use. 11, If clean-up deposit is fully refunded, deposit check may be picked up at the Sector Office the second working day following the rental. Indoor +vizi it -Additional&utes 1- No smoking inside buildings- Z Plastic liners,brooms, and mops are available. Coordinate access of these items with staff person on duty- .,.= 3. Patron must return tables and chairs to the storage area and make sura they are neatly stacked. 4. Chairs and tables borrowed by patrons from another room must be returned-same number and position in the room. I have read and understand the above. I understand that it is my responsibility to communicate and enforce the rules with participants of my group;and&rthetmore,that non-compliance could result in eviction from the premises and/or loss of pert or all of my clean-up deposit. If evicted, rental fee is non-refundable. A Processing fee of$8.40 will be assessed for all rental refund requests. This does not apply to clean-up, damage, or key deposits. w J K S' re(Same els on se ermit) Date _ .._.__.._ Name of On-Site Event Manager Phone Number of On-Site Event Manager 09/25/98 15:25 TX/RX N0.6242 P.005 i rte... �_— -—-—-—-— ------------ ----------------- C I 1 . Ifo_•})f!l.1�4 4I� y`� u•aa.cr 8 c....ee n I b i 1 J ♦ I.R1Nf.I..flb I 1 •_ +gyp g /c!\VT\ I Ct 0 ^ ct gay ct 43 V r W Y. 03 N N ` AMUSEMENTS AIND ENTERTAINMENTS § 10-46 ARTICLE I.IN GENERAL 108.2.1 Membership. Members of the n- s t:sc'ion board of adjustment and a ea.is Secs. 10-1-10-25. Reserved. should be composed of inciividua with knowledge and experience in the echnicai codes,such as design profession , contrac- torsARTICLE II.AMUSE�I�NT DE CE or building industry rep sentatives. A board member shall not aat in a case in CODE" which he has a personal, financial in- terest. Sec. 10-26. Adopted. 108.2.2 Terms. The te_ of office of the (a) The Standard Amusement Device Code, board members shall two years from the 1985 edition, published by the So thern Building date of appointment. ontinued absence of Cade Cong:-ess International, c., is adopted by any member from rewired meetings of reference as though it were c led fully in this board shall, at t e discretion of the city article. council, render v such member subject to (b) Whenever the term "administrative immediate re vol from office. authority" or "oI2lcial" is used in the amusement 108.2.3 Secr ary of Board. The building device code adopted in this/se won, it shall be can- ouicial or d ignee shall act as secretary of strued to mean the building official of the city or the board d shall make a detailed record his authorized representative. of all of it proceedings,which shall set forth the real s for its decision, the vote of each (c) ?.ny pe:-son who hall violate or who shall membe , the absence of a member and any ' fail to comely with t e code adopted in. this sec failur of a member to vote. tion or who shall vi.6late or fail to comply with any order or reg, tion made under the code (3) Sect n 108.3 is amended to read as follows: adopted in this se ion or who shall build in via- 10 .3 quorum and voting. A simple ma- lation of any det ed statement or spe=cations j ity of the board shall constitute a or plans submitted and approved under such code / orum. or any cerudcatgor permit issued under such code / shall, for each �nd every such violation and non- Secs! 10.28-10.45. Reserved. compliance' respect ively,be punished as provided in section 1-IW. (Code 1981, 628.01-0628.03) ARTICLE III. OUTDOOR .^ ENTERTATNIYlENT i Sec. 10-2T Amendments. The am cement device code adopted in section DI�-ISION 1. GENERALLY 10-26 is .ended as follows: LSec. 10-46. Definitions. (I) S on 108.1 is amended to read as follows: The following words, terms and phrases, when ppointment. There is hereby established used in this article,; shall have the meanings as- board to be called the construction board cribed to theta in this section, except where the f adjustment and appeals,which shall con- contest clearly indicates a different meaning: /appointed ist of five members. The board shall be by the city council. Oufdoor entertainment events means any gath- ering of groups or persons for the purpose of par- (2ection 108.2 is amended to read as follows: tCross references—Code enforcement, § 2.246 et sea.; 08.2. Membership and Terms. parks and recreation,ch.54;streets,sidewalks and other public places, ch. 66buildings and building regulations, ca. 82; `Cross reference—Code enforcement, § 2-246 at seq. zoning, ch. 110. CD10:3 .0-46 CAPE CANAVERAL CODE 3 :ipating in, viewing, observing, watching or lis- ciation or group if such outdoor entertainment ,ung to entertainment which consists of musical event of such organization, association or group aditions, snorting contests or events, festivals has been sanctioned or approved by the council, other entertainment not conducted within a Such sanction and approval of an outdoor enter- npletely enclosed structure. tainment event promoted by such organization, rd. No. 23-92, § 1(729.01), 12-1-92) association or group shall be based upon a ssf l- rross reference-Oennitions and rules of cons=c on gen- dent showing that the sections waived dealing ily, § 1-2. with the health, safety and welfare of those in attendance; as well as the general public, have c. 10-47. Compliance-with other laws. been otherwise provided for as required by the Che staging, promoting or canducting of an out- applicable standards set forth in this article. )r entertainment event shall be in full and com- (Ord. No. 23-92, § 1(729.08), 12-1-92) to compliance with ail zoning and land use laws subpart B of this Code, beverage license laws Secs. 10.51-10-60. Reserved. i other laws, ordinances and regulations appli- ile to the city. DIVISION 2. PERMIT 'd. No. 23-92, § 1(729.04), 12-1-92) :. I0-48. Penalties for violations. Sec. 10-61. Required. Any person desiring to stage, promote or can. 3) Any person who violates, disobeys, omits, duct any outdoor entertainment event within the ;leets or refuses to comply with or who resists corporate limits of the c_,ty shall first secure a enforcement of any of the sections of this ar- sze :al enterta rn*nent permit from the city council, e shall be punished as provided by se mon 1-15. (Ord. No. 23-92, § 1(729.03(A)), I2 I-?2) �) The city council may revoke the Special out- r entertainment pe_rmiit granted and shall im- Sec. 10-62. Application. irately notify the city treasurer to revoke any An application for a special outdoor enter:ain- ipatianal license upon the occ-zr-ence of any went permit shall be submitted in writing to the anon ofts ori 12-1-92) o city council on forms provided for this purpose at i. No. 23-192, § 1(729.07), I_ 1-,2) least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which I0-49. Occupational license required. the permit is requested, in order to permit the shall be unlawful for any person to stage, council to evaluate the application in an orderly note or conduct any outdoor enters-ainment and e.,cpeditious manner.The application shall con- at in the city unless he shall have secured an tain the plans, documents and information speci. ipational license as provided for in section fled in this section. No permit shall be issued by f8, which occupational license shall be issued the council until receipt and approval of all plans, r after issuance of the special enter:zinment documents and information and until the following nit by the city council. minimum conditions are met or such higher con- i. No. 23-92, § 1(729.02), I2-1-921 ditions as required by the council upon a review of oss reference-Ocaaacional license taxes. § 70-88. any unique problems contained in the plans, doc- uments and information are met: . .10-50. Ezcentions. (1) Adequate plans for site construction, sani- ze city council shall have the right to waive tation facilities, sewage disposal, garbage applicability and necessity of any of the sec- and refuse disposal,drainage, floodlighting s of this article to any outdoor entertainment during darkness, insect and rodent control, it sponsored by the recreational boards estab- water supply and food service. For the pur- 2d by the city or any outdoor entertainment poses of evaluating such plans, the stan- it promoted by a nonprofit organization, assn- dards established by the rules of the state CD 10:4 . AtifUSIN ENTS AND ENTERTAINMENTS § 10-62 division of health in the sanitary code of rity and traffic control an duty at all times the state shall be considered as minimum for every 500 patrons, with no security per- reauirements. For the purposes of this ar- sonnel working more than one eight-hour title,part IV, chapter 10D-25,excluding se--- shim in anv 24-hour period. The plan shall tions 25.077, 25.078, 25.079, 25.080, of the include a detailed description of the pian of Florida Administrative Code and anv suc- security, traffic control, communications, ceeding rule, regulation or law shall be con- fire protection and emergency services, in- sidered specifically applicable to the oder- cluding ambulance service, to be used and j ation or an outdoor entertainment event.In how it is to be implemented, and a detailed evaluating the plans, the council shall also background on the training and ability of consider the applicability of F.S. ch. 386, the personnel to be used in implementing par I, and such other provisions of law,the such plan. sanitary code or local ordinances as it may deem necessary in the interests of the public (5) A full and complete disclosure of the finan- health and welfare. tial backing of the outdoor entertainment event, including the names of all persons (2) An adequate geographic description and with a direct or indirect financial interest scale map or plan of the festival site in the staging, promoting or conducting of showing the location of all required facili- such event, whether such interest be by ties, including adequate traffic control and virtue of ownership in any entity staging, parking facilities outside the performance promoting or conducting such event, status area. Such pians shat provide for at least as an employee of any person staging, pro- one parking space for every five patrons rooting or conducting such event or any in- and for safe transportation of the patrons volvement by which such person stands to ' from the parking area to the performance gain or lose financially from such event. area. No motor vehicle shall be permitted (6) The names of all persons or groups who will outside the designated parking area, ex- perform at the outdoor entertainment event cept when necessary to ensure compliance and executed copies of all contracts or agree- with this article. meats with such persons or groups. (3) An adequate plan for medical facilities. (7) The names of all persons who will provide There shall be provided one physician li- products, materials or services, other than tensed in this state on duty at all times for entertainment, to or at the outdoor enter- every 2,000 patrons, one nurse licensed in tainment event and executed copies of all this state on duty at all times for every contracts or agreements with such persons. 1,000 patrons, one bed or cot for every 200 patrons,complete and sterile supply of med- (8) The exact date and time of commencement icines, bandages, medical compounds, med- and the exact date and time of the conclu- ical instruments, serums, tape and such sion of the outdoor entertainment event. No other supplies as are necessary to treat ad- event shall begin before 10:00 a.m. or end verse drug reactions, curs, bruises, abra- after 10:00 p.m. sions, bites, fractures,'infections and other • injuries commonly connec:ed'with such out- (Q) Awritten public liability insurance policy door activities. insuring the person staging, promoting or conducting the outdoor entertainment event (4) An adequate plan for internal security, against any and all claims and demands traffic control, communications, fire protec- made by any person for injuries received in tion and emergency services, including am- connection with the staging,promoting,con- bulance service, in and around the event ducting or attendance of or at the outdoor ' area. Such plan shall provide for at least entertainment event, written within limits one person professionally trained in secu- of not less than $300,000.00 damage or in- CD 10:5 LO-62 CAPE CANAVERAL CODE jurl to any one person for bodily injury or and shrubbery on such premises or the adjoining otherwise, plus $25;000.00 damage to prop- property. Upon failure of the holder of the permit e:-7, and for not less than $500,000.00 for to complete such cleanup or repair such damage damages incurred or claimed by more than within the 2d-hour time period, the city shall have one person for bodily injury or otherwise, the right to forthwith take such corrective action plus $50,000.00 for damages to property. as it may deem necessary and to deduct the cost of The original or duplicate of such policy shall cleanup or repair from the amount of the cash be attached to the application for a special cleanup bond. outdoor entertainment permit, together (Ord. No. 23-92, § 1(729.06), 12-1-92) with adeouate evidence that the premiums are paid. Secs. 10-65-10-85. Reserved. .0) Such additional conditions, crite'ia or de- tailed specincations for the special enter- tainment permit established by resolution of the city council as the council may deem AR CLE IV.ADULT EN=R.TARVZNMNT* necessary to carry out the intent of this ar- ticle for the protection of the public health, DIVISION 1. GENERALLY morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- Sec. 10-86. efin.itions. fled in subsection (9) of this section. J -d. No. 23-92, § 1{729.038)), 12-1-02; Ord. No. The folio words, terms and phrases, when 4, § 1, 2-1-94) used in this �'cle, shall have the meanings as- cribed to them i this section, except where the c. 10-63. Fee. , context clearly in 'Cates a different meanim- Che city council shall assess, upon the Lung of Adult arcade me s an establishment where, application For an outdoor entertainment for any form of consia ration, one or more motion -mit, a minimum nonrefundable fee per day es- Picture projectors, slid projectors or similar ma- usned by resolution of the city counci and set chines for viewing by i e or fewer persons each th in appendix B to this Code. are used to show flims, m lion pictures,video cas- d. No. 23-92, § 1(729.05), 12 192) settes, slides or other pho graphic reproductions which are characterized by mphasis upon the de- piction or description of specs led sexual activities �. 10-64. Cash cleanup bond. or specified anatomical areas. or the purposes of ny person holding a special outdoor entertain- this aricle, adult arcade is i luded within the nt permit snail deposit with the city treasurer definition of adult motion pictu e theater. ash bond in the amount of $500.00. The cash Adult bookstore means a place hat sells or of- id shall be for the e.-cpense of cleaning up any fers for sale, for any form of consi ration, adult iris, paper, litter or trash left by the patrons at materials, the gross sale of which re\nph nts more outdoor entertainment event or by the holder than ten percent of the gross sales place or he permit or his agents, employees or contrac that comprises more than ten percethe indi- vidual The cash bond shall be returned to the holder items it displays on the prs as its ;he permit upon certification by the city man- �r that all debris,paper,litter or trash has been *Cross references—Code enforcement,§ sec.;reg- iioved from the premises on which the outdoor ulations regarding nudity on alcoholic betaoush- ertainment event was held within 24 hoursment premises, §.6-27; public nuaity prohib50 ;occ�nthe designated conclusion time of 'the out pational license taxes, § 70.66 et seq.; zoni11 adult entertainment establishments permitted by ex tion r entertainment event and that no damage has in the M-1 light industrial and research andomea di- n done to the streets, sewers, structures, trees trict, § 110-354. CD10:6 Meeting Type: Regular Meeting Date: 11-17-98 r AGENDA �7- Heading Considerations CITY OF CAPE CANAVERAL Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AMENDMENT TO THE LAW ENFORCEMENT CONTRACT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider amending the current agreement to meet the indirect cost language that was removed during the adoption of this contract. Summary Explanation & Background: See attached memo from Michael Abels with the Sheriffs Department. Also, see attached memo from the city attorney outlining his concerns. Please advise. Exhibits Attached: Sheriffs memo/revised addendum/city attorney's memo City Mana e ' )Office Department LEGISLATIVE /ad i/meeting/199 - /law.doc x. B. Williams Office (407) 264-5201 'tom BREVARD COUNTY SHERIFF'S OFFICE FAX (407) 264-5360 700 Park Avenue , " y5: Member. Florida Sheriffs Association Titusville, FI 32780 Member, National Sheriffs Association October 30, 1998 Mr. Bennett Boucher, City Manager City of Cape Canaveral P. O. Box 326 Cape Canaveral, Florida 32920-0326 Dear Mr. Boucher: I have received the Addendum to the Fiscal Year 1997-1998 contract approved by the City of Cape Canaveral on October 6, 1998. This Addendum is a significant modification from the Addendum that was jointly discussed and agreed upon between the staff of the City and staff of the Sheriff's Office. Specifically, the addendum executed by the City Council completely deletes the language through which the indirect cost rate is calculated. Through our discussions it is my understanding that your City Attorney advised Council to delete this language because the Sheriff's Office did not in Fiscal Year 1998/99 fully implement the allocation that would be permitted by utilizing the indirect cost rate formula. It is correct that the Sheriffs Office did not fully allocate the costs dictated through the indirect cost language that was negotiated as part of the original two year contract. To accurately portray the delay in the full implementation of the indirect cost allocation, language was added to the original addendum that specifically addressed Fiscal Year 1998/99. While the indirect cost language was modified in the Addendum to the contract, it is unacceptable to the Sheriff to delete the paragraph, and thereby the formula that establishes the indirect cost rate. The City Attorney nor any other member of City Staff discussed the deletion of this language with the Sheriffs Office. Unilaterally changing or deleting language of a contract without the knowledge or acceptance by other parties is not an acceptable business practice. Furthermore, the inclusion of this indirect cost language in the contract is important to the Sheriff for it clearly spells out the true indirect cost borne by the North Precinct Central Precinct Canaveral Precinct South Precinct Brevard County Detention Center 700 Park Avenue 2575 N.Courtenay Pkwy. 111 Polk Avenue 2725 Judge Fran Jamieson P.O. Box 800 Titusv,Ile. FI 32780 Merritt Island, FI 32953 Cape Canaveral. FI 32935 Way, Bldg. E 860 Camp Road (407)264-5353 (407)455-1485 (407)868-1113 Viera, F!32940 Sharpes, FI 32959 (407)264-5359 FAX (407)455-1488 FAX (407)7B4-8340 FAX (407)633-2123 (407)690-1500 (407)633-1965 FAX (407)635-7800 FAX Addendum to Contract page 2 of 2 October 30, 1998 Sheriff's Office in support of the Contract with the City. When the current contract is renewed, the indirect cost formula will serve as one element that established the support budget. To correct this issue, I am enclosing a copy of the original Addendum for Fiscal Year 1998/99. Would you please present this to council regarding the concerns expressed in this letter as well as the Addendum council will review. Sincerely, Philip B. Williams Sheriff of Brevard County Michael Abels Director of Administrative Services c: Philip Williams, Sheriff Rocky Randels, Mayor Kohn Bennett, City Attorney George McGee, Major Deborah Barker, Finance Director ADDENDUM THIS ADDENDUM is entered into this day of , 1998 by, between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City, and between Philip B. Williams, as Sheriff of Brevard County, hereinafter called "Sherr'. WITNESSETH, WHEREAS, the City and the Sheriff have entered into that certain Contract for Services dated October 7, 1997 ("Contract'), which Contract is for a term of two (2) years; and WHEREAS, said Contract requires the City and the Sheriff to renegotiate the contract price for the second year of the Contract, and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 1998 through September 30, 1999. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. RECITALS. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. PRICE REVISION. Paragraph 5 of the Contract is amended to read as follows: City of Cape Canaveral page 2 of 4 Law Enforcement Contract rev: October 16, 1998 Addendum to Fiscal Year 1997-1998 For the second year of this contract, the City shall pay to the Sherf, the sum of$1,131,979 for operations and $73,351 for capital equipment for his performance hereunder. In addition, commencing in Fiscal Year 1998/99 the City will transfer $10,000 of Police Education Income Funds (Second Dollar) to the Sheriff for the sole purpose of training deputies and support staff assigned to the City. The transfer will occur during the month of October 1998 and will not be included with the monthly contract draw. Sheriff shall separately account for all services rendered by him hereunder and, to the extent, that Sherift's cost of performance is less than the contract price for any given year, City shall receive a rebate to the extent of such surplus. Payments shall be made in twelve monthly installments payable on or before the fifth day of each month, beginning October 1, 1998. The contract price stated hereinabove includes a portion of Sheriffs indirect overhead, to cover costs such as dispatch services and other services provided by Sheriff in support of Cape Canaveral. City's pro rata share of such indirect overhead expenses is currently $105,620.00, annually. To provide City with price stability, in the first year of this contract, Sheriff agrees to utilize funds previously paid by the City for City of Cape Canaveral page 3 of 4 Law Enforcement Contract rev: October 16, 1998 Addendum to Fiscal Year 1997-1998 Communication services thereby absorbing the additional indirect overhead costs attributable to City over and above the $70,000.00 contribution previously made by the City. In year two of this contract, City agrees that it will pay $70,000.00, plus one-half(1/2 of the difference by applying methodology described in Appendix "B'), but in no event will the cost charged to City for indirect overhead costs exceed ten percent (10%) of the total, annual contract price. {To allow price stability in FY 98/99, both parties to this agreement agree to delay full implementation of the indirect cost allocation due from the City to the Sheri The indirect cost allocation will be reviewed and adjusted annually.) Should the City desire that the Sheriff provide services at a higher level than that contemplated herein, the City Manager shall have the authority to negotiate with the Sheriff" regarding modification of the Agreement and shall bring such modification to the City Council for appropriate action. Any request for modification of service levels shall be accomplished by written request to the Sheriff, and if necessary, amendment to the contract price then in effect. City of Cape Canaveral page 4 of 4 Law Enforcement Contract rev: October 16, 1998 Addendum to Fiscal Year 1997-1998 3. CONTINUING EFFECT. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, by its duly authorized officers, has executed this instrument this day of 1998. Attest: SHERIFF OF BREVARD COUNTY, FLORIDA Philip B. Williams, Sheriff Attest: CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor 1-30-1995 11 :34PM FROM P_ 2 LAW OMCFS AMARI & THERIAC, P.A. Attorneys and Cowwelors At Law Richard S.Amari Mariner Square Kohn Bennett Reply To: Cocoa P.O.Rox 96 Wood strtet,Slane 3112 Rra*Roger Gestin,Sr. Y.O.Box 1507 Carla Neeley Freitag Cocoa,Florida 32923-IW7 Anthony A. Garganese Telephone (407)6394328 !faaell S.Gohhnan Fax (407)639-6690 I. Wesley Flowze ----——--—--——— T.ee Marinelli 4 Imperisl Plus llfark S. Peters Salk B104 mvid M.prep" 6769 N.Wi khm Road Charles lt_Steinherg Melbourne,Florida 32940 .Tames S. Theriac, TIT Telephone (407) 259-6611 Fax(407)259.6624 -Admitted Pa, VA, TN only MENLO ANDUM TO: Bennett C. Boucher, City Manager FROM: Kohn Bennett, City AttorneyV7 DATE: November 11, 1998 RE: Sheriff's Contract I am in receipt of your Memorandum dated November 2, 1998, transmitting a letter from Sheriff Phil Williams insisting that the original law enforcement contract Addendum be executed by the City, which contains the indirect overhead language which the City Council voted to omit. The Sheriff's letter claims that this language is important in that it "clearly spells out the true indirect cost borne by the Sheriff's Office in support of the Contract with the City". Certainly. I reiterate my disagreement with said statement, inasmuch as the language is not clear and, in fact, is ambiguous and is superfluous in that the last sentence says "to allow price stability for FY 98/99, both parties to this agreement agree to delay frill implementation of the indirect cost allocation—"..". If in fact this formula is not going to be utilized, then it should not be contained in the Contract. As we discussed, the Contract is negotiable from year to year, and the allocations used next year may change in format_ The language that they are requesting states that "the contract price stated hereinabove includes a portion of the Sheriff s indirect overhead". However, "contract price" as used in this sentence is not a defined term. Are they referring to just the operations portion of the Contract which is stated as $1,151,979-00 for the second year of the Contract? Additionally, the Contract states that in the second year of the Contract, the City will agree to pay $70,000.00, plus one-half(1/2) of the difference by applying a methodology described in Appendix "B". I have not been provided with a copy of Appendix "B" and offer no opinion with reference to the calculation contained therein. Finally, the Contract language provides that in no event will the cost charged to the City for indirect overhead costs exceed ten percent (10%) of the "total, annual contract price". This language is ambiguous in that it attempts to use the same definition of contract price (which 1-30-1995 11 .34PM FROM P_ 3 Memo to Bennett C. Boucher, City Manager City of Cape Canaveral November 11, 1998 Page 2 according to this in year two is $1,151,979.00) which is a sum which already contains in it a sum allocated to indirect overhead costs. Therefore, this language should be changed to back-out of the contract price the previous year's indirect overhead costs prior to applying the ten percent (10%) limitation. KB/edr E.A�y r AGENDA xcadinB Considerations _- Item 4 Of PI OF CAPE CANAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL G OF A SPACE COAST LEAGUE OF CITIES VOTING SUBJECT DELEGATE ELEGAPPOINTMENT A ACTOR AND AN ALTERNATE Dom./DIVISION: LEGISLATIVE Requested Action: ue of Cities. Council appoint a voting deleg ate/dh-ector and an alternate to the Space Coast Leag That the City Summary Explanation& Background: member Bruns seryed as the voting delegate and Council member Hernandez as e This past year, Council alternate Meetings are held the second Monday evening of each month. Please advise. Exhibits Attached: League memo Department LEGISLATIVE City s Office council/meeting/l -17-9811eague.doc Nov-08-98 04: 25P space coast league 407 636-3193 P.02 _0900 C04 . SPACE COAST LEAGUE OF CITIES G►PEC/�NAV6RAL 1NDIALWnC I�BLBOURNE PALM BAY 5ATE1LI7E BEACH COCOA INDIAN HARBOUR BEACH MEI.BOL"f BEACH PALM SHORES TITUSVII,tk or of COCOA BEACH MALABAR MELBOURNE VILLAGE ROCKLEDGE WEST MELBOURNE "CITIES OF BREVARD WORKING TOGETHER" Appointment of League Voting Delegate/Director _ The Bylaws of the Space Coast League of Cities require the following: * Every December, the governing body of each member municipality must appoint a Voting _ Delegate/Director and Alternate to the League. Eligibility: Only the member municipality's elected officials, manager, attorney, clerk, and department heads are eligible to be a Voting Delegate/Director and Alternate. Any Voting Delegate/Director or Alternate who ceases to hold such a position ceases at the same time to be a Voting DelegatelDirector or Altemate. Functions The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the.absence of the Voting Delegate/Director. * Following the appointment, the names of the Voting Delegate/Director and the Alternate must be promptly certified in writing to the League Secretary. * Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also certify its current population figures when it certifies its Voting Delegate/Director and Alternate. _ Accordingly, please provide and certify the information requested below and return this form promptly to the League Executive Secretary at the address or fax number shown at the bottom of this page. Municipallty City of Cape Canaveral Current Population 8 ,731 Voting Delegate/Director Burt Bruns Home Phone-7 8 4-4 3 8 3 Alternate Voting Delegate/Director, Richard Treverton Date Appointed by Governing Body 11/17/98 I hereby certify that the above-namtd persons were duly appointed by our governing body and that the foregoing information Is correct MunicipaitlerWs Signature 11/18/98 Sandra Rozar Sims Date Submitted Printed Name CEkTiFY OIR space Coast[vague of Cines 0 P.O.Hn:560488 0 Rockledge.PL 32956-04118 0 FAX (407)636-3193 0 Telephone (407)636-9916 _ Ed Meeting Type: Regular p� k Meeting Date: 11-17-98 ry AGENDA = ' Heading Considerations CITY OF CAPE CANAVERAL Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SEA ERA SEGUNDO FINAL PLAT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of the final plat for Sea Era Segundo. Summary Explanation & Background: The Planning & Zoning Board recommended approval at their 10/28/98 meeting. Please advise. . Exhibits Attached: Staff correspondence City4erOffice Department P&Z/GROWTH MGMT ncil/meeting 11-17-98/segundo.doc City of Cape Canaveral Building Department STAFF REPORT Date: November 9, 1998 To: Sandy Sims, CMC, City Clerk From: Ken Grinstead, Acting Building Official Re: Final Revised Plat - Sea Era Segundo ---------------------------------------------------------------------------------------------------------- The Planning & Zoning Board recommended approval of the final plat for Sea Era Segundo at their meeting held on October 28, 1998. Please place this item on the next City Council agenda. /sic attachments: (5) copies of plat (1) milar City of Cape Canaveral `£ PRELIMINARY PLAT, RE-PLAT AND INAL PLAT CITY OF CAPE CANAVERAL Y' PAYMENT RECEIPT Project Name:_ Sea. Era seguydo Plat Fees Assessed as per Section 110-22^ ( p �, Appendix B, Schedule of Fees of the Cape Canaveral Code of Ordinances.) J i RESIDENTIAL: 1, 2 & 3 Residential Units . . . . . . . . . . . . . . . . . . . . . . . . . . $37.50 4 or more Residential Units $50, plus $7.50 per unit, not to exceed $500 Units at $50 & Units at $7.50 = TOTAL: . . . . COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL: . . . . . 5 ENGINEERING REVIaV DEPOSIT FEE: RESIDENTIAL: 1-10 Units . . . . . . . . . . . . . . . S� 11-100 Units . . . . . . . . . . . . . $1,00 101 & up Units . . . . . . . . . . $1,250 COMMERCIAL: 10 Acres or less . . . . . . . . . . $1,000 Over 10 Acres = $1,000 plus $75.00 per acre over 10 acres TOTAL ACRES: TOTAL ENGINEERING DEPOSIT RECEIVE $ 500. PAID RECEIPT NO. DATED RECV'D 105 POLK AVENUE • POST OFFICE BOX 326 4 CAPE CANAVERAL, FL 92920.0326 APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: q-Ag-ql� (NOTE: SUBMITTAL MUST BE SUBMITTED A IVIINMUM OF 30 DAYS PRIOR TO THE PLANNLNG & ZON�TG MEETING; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELEVIINARY PLAT, RE -PLAT, OR FINAL PLAT? AMOUNT OF FILLNG FEE PAID: S (, �_ r r) . AMOUNT OF ENGINEERJNG DEPOSIT PAID: S 5d0. 00 DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAiME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE DONE PRIOR TO SUBMITTAL). YES NO N. A. � PROJECT NAIVM: nc iw .1!54V S,EGI�yOO PROJECT ADDRESS: LEGAL DESCRIPTION: O WNER (S) NANIE: _ ADUGl��it OWNER(S) ADDRESS: g2 3/ �Ic1�d PROJECT ARCHITECT/ENGLN-EER: PHONE NO. OF ARCHITECTIENGLs'EER: APPLICANTS) SIGNATURE:_ OWNER/AGENT PHONE NUINIBER OF 0WIVNE—RIAA`GENT: _ CHECK LIST FOR PLAT APPROVAL CITY OF CAPE CANAVERAL Pre -Application Screening (not mandatory) Zoning Concurrency Evaluation Preliminary Plat (Section 98-41) • Letter Requesting Review • Location Map • Topographic map (See Section 98-42) • Plat (Showing Easements) • Preliminary Plans - existing ground - proposed street grades - cross sections proposed grades - drainage plan (Section 98-43) • Draft Protective Covenants • Tile and Certifications Site Inspection GENERAL NOTES: July 18, 1995 V • City will comment on plans within ten (10) working days. • Preliminary plat approval is valid for six (6) months from date of issuance. CIWPWINEMCAPEIPLAT.FOR BUILDING DEPARTMENT PLAT SUBMITTAL CHECKLIST (FOR OFFICE USE ONLY, REFERENCE SUBDIVISION OF LAND SECTIONS 98-41 THROUGH 98-56) PROJECT NAIME: QqA tra :�Q xl6o PROJECT ADDRESS/LEGAL DESCRIPTION: 1,41v Ave,n,,P. P & Z MEETING DATE: 00-h r A 1918 SUBMITTAL DATE: ZONING CLASSIFICATION: R - FEES PAID (INCLUDING ENGINEERING DEPOSIT): $_ 05.00 $ 500. CD (SUBNUTTAL) (ENGINEERING) NUMBER OF PLATS RECEIVED (MINIMLlINI OF (9) REQUIRED): PROTECTIVE COVENT ITS/M.AINTENAINCE AGREEMENT SUBMITTED: YES _ / NO N.A. DATE PROTECTIVE COVENANTS/TENANCE AGREEMENT MAILED TO CITY ATTORNEY FOR REVIEW: q DATE PLAT WAS COPIED TO CCVFD FOR REVIEW: Cl I' q� DATE PLAT WAS COPIED TO PUBLIC WORKS FOR REVIEW: q 9 DATE PLAT WAS REVIEWED BY. BUILDING DEPARTMENT: A��9I�� DATE (2) SETS OF PLATS WERE MAILED TO CITY ENGINEER: DATE COMMENTS RECEIVED FROM CITY ENGINEER: 10(711A p jpjA DATE CALLED DEVELOPER TO PICKUP ENGINEERING COMMENTS; S� DATE REVISED PLAT WAS RESUBMITTED FROM DEVELOPER: IC' 9 NUMBER OF REVISED PLATS RECEIVED (9) REQUIRED: 1G - (3-`1 DATE REVISED PLATS WERE MAII.ED TO CITY ENGLYEER: 10 —`( —qC DATE CERTIFICATE OF APPROVAL WAS RECEIVED FROM THE CITY ENGINEER: f C: -- I Q -'i F City of Cape Canaveral P.O. BOX 326 Cape Canaveral, FL 32920-0326 Telephone: (407) 868-1222 E -Mail: carechramail.state.fl.us Web Page http//fcn.state.fl.us/cape/ DATE: 9 • as -9 8 TIME: 9: 3o A'1111 TO: COMPANY: { ATTN: boh,l BEnn.��'r- - FAX NO.: f 59 - fo 90 N`(_�ER OF PAGES (INCLUDING COVER PAGE) FROM: City of Cape Canaveral NAME: 5usun Chu-PmcLA TITLE:;n. �ecre%ar�l FAX NO: (407) 783-8193 ender's Signature This Instrument prepared by: Record and Return to: 7Ci Norman G. Boucher FROM, 231 McLeod Street CO. Merritt Island, FL 32953 PH#fit# DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration made this 4' day of August, 1998, by Boucher Inc., a Florida Corporation, whose mailing address is 231 McLeod Street, Merritt Island, Florida 32953, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner of certain real property located and lying and being in Brevard County, Florida, and more particularly described as: Lots 1, 2, 3, 4, 5 and 6, SEA ERA SEGUNDO, according to the Plat thereof as recorded in Plat Book Page of the Public Records of Brevard County, Florida. NOW THEREFORE, Declarant hereby declares that all of the -properties described above shallbe held, sold, and conveyed subject to the following easements, restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in successors and assigns, and shall inure to the benefit of each owner thereof, to wit: The foregoing recitals are declared to be true and correct and by reference are incorporated herein and made a part hereof as is fully set forth. 2. There is hereby created in favor of each owner or purchaser, and their heirs, successors and assigns, an easement covering party walls to be placed equally on the line separating the dwellings to be erected and the property subject hereof. The cost of maintaining each party wall shall be borne equally by the owners on either side of said wall. 4. In the event of damage or destruction of said wall from any cause, other than the negligence or intent of either party, the then owners shall, at joint expense, repair or rebuild said wall and each party, his heirs, successors and assigns, shall have the right to the full use of said wall so repaired or rebuilt. If either party's negligence or intentional act shall cause damage to or destruction of said wall, such negligent or willful party shall bear the entire cost of repair and reconstruction. Neither parry shall alter or change said party walls in any manner, interior decoration excepted and said party walls shall always remain in the same location as when erected, and each party to said common or division wall shall have a perpetual easement in that part of the premises of the other on which said party wall is located, for party wall purposes. Pagel. of 4 6. Each party shall permit the quiet enjoyment of the adjoining parry in the parry walls and will not permit nor commit any damage or destruction of the said party wall or of the foundation supporting the same and at all times shall give and grant to each adjoining party the right of full lateral support to the adjoining parry's individually demised premises. 7. Neither party to the said party wall shall have a right to entry through the party wall into the close of the adjoining party, either directly or indirectly. 8. There is reserved a public utilities and drainage easement five feet (5') in width across the front of Lots 1, 2, 3, 4, 5, and 6 for the installation and furnishing of utility services, such as, but not limited to telephone lines, electric power, Das, hot and cold water, heating, refrigeration, air conditioning, garbage and sewage disposal, which installations shall include ducts, plumbing, wiring and other facilities for the rendering of such services. The cost of maintenance and/or repair of the 6" diameter sewage disposal system shall be borne equally by all affected parties. 9. There shall be drainage and ingress and egress, easements for the benefit of the lot owners five feet (5') in width across Lots 1, 2, 3, 4, 5, and 6 along the rear lot line of each lot, and five feet (5') in width along the East side of Lot 1, and five feet (5') in width along the West side of Lot 6, all as is more particularly shown on the Plat of Sea Era Segundo. 10. No owner of a dwelling shall make any structural modifications or alterations. Further, owner shall cause any improvements or changes on or to the exterior of the building. The installation of shutters, awnings, electrical wiring, air conditioning units and other things which might protrude through or be attached to the walls of the building are prohibited. Further, no owner shall in any manner change the appearance of any portion of the building as to color, paint, texture or similar without the joinder and consent of the adjoining owners, it being intended that all structures shall be uniform in color and appearance. 11. The townhouses shall be used only for single family residences. 12. No nuisances shall be allowed upon the townhouse property, nor any use or practice which is the source of annoyance to residents or which interferes with the peaceful possession and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage allowed to accumulate nor any fire hazard allowed to exist. 13. No immoral, improper, offensive or unlawful use shall be made of the townhouse property nor any part thereof, and the lawful order or decrees of all governmental entities having jurisdiction thereof shall be observed. The responsibility of meeting the requirements of governmental entities which require maintenance, modification or repair of the townhouse property shall be the same as the general responsibility for the maintenance and repair of the property concerned. 14. Exterior parts of the building and the fences separating the townhouses shall not be used for hanging garments or other objects, for cleaning rugs or other household items. 15. Disposition of garbage and trash shall be by the use of garbage disposal units or by the use of receptacles so that no garbage or trash will litter the area. Page 2 of 4 16. Swale Maintenance - The Developer has constructed upon each Lot a Drainage Swale for the purpose of managing and containing the flow of excess surface water, if any, found upon a lot from time to time. Each lot owner, including buildres, shall be responsible for the maintenance, operation and repair of the swales on the lot. Maintenance, operation and repair shall mean the exercise of practices, such as mowing and erosion repair, which allow the swales to provide drainage, water storage, conveyance or other stormwater management capabilities as permitted by the St. Johns River Water Management District. Filling, excavation, construction of fences or otherwise obstructing the surface water flow in the swales is prohibited. No alteration of the Drainage Swale shall be authorized and any damage to any Drainage Swale, whether caused by natural or manmade phenomena, shall be repaired and the Drainage Swale returned to its former condition as soon as possible by the Owner(s) of the Lot(s) upon which the Drainage Swale is located. Each property owner shall be responsible for his prorata share of the maintenance, operation and repair of the surface water or stormwater management system. "Surface Water or Stormwater Management System' means a system which is designed and constructed or implemented to control discharges which are -necessitated by rainfall events, incorporating methods to collect, convey, store, absorb, inhibit, treat, use or reuse water to prevent or reduce flooding, over drainage, environmental degradation, and water pollution or otherwise affect the quantity and quality of discharges from the -system, as permitted as pursuant to Chapters 40C-4, 40C-40, or 40C-42, F.A.C. Maintenance of the surface water or stormwater management system(s) shall mean the exercise of practices which allow the systems to provide drainage, water storage, conveyance or other surface water or stormwater management capabilities as permitted by the St. Johns River Water Management District. Each property owner shall be responsible for such maintenance and operation. Any repair or reconstruction of the surface water or stormwater management systems hall be as permitted, or if modified as approved by the St. Johns River Water Management District. Any amendment to the Deed Restriction which alters the surface water or stormwater management system, beyond maintenance in its original condition, including the water management portions of the common areas, must have the prior approval of the St. Johns River Water Management District. The St. Johns River Water Management District shall have the right to enforce, , by a proceeding at law or in equity, the provisions contained in the Deed Restriction which relate to maintenance, operation and repair of the surface water or stormwater management system. 17. The easements, agreements and restrictions hereby created are and shall be perpetual and construed as covenants running with the land and each and every person accepting a deed to nay lot in said multiple unit shall be deemed to accept said deed with the understanding that each and every other purchaser is also bound by the provisions herein contained, and each and every purchaser, by accepting a deed to any lot shall thereby consent and agree to be bound by the covenants herein contained to the same extent as though he had signed this instrument. The undersigned, in executing and delivering deeds to said lots shall insert subject to the terms, conditions, reservations and covenants herein contained. For the breach of any of the above Page'-) of 4 18. This Declaration shall enure to the benefit and apply to any existing or subsequent mortgage holders on the premises described herein. IN WITNESS WHEREOF, this Declaration is being executed this s 1 day of l 11h , 199 . —y _ WITNESSES: Signature Printed Name STATE OF FLORIDA COUNTY OF BREVARD BY: f her Inc. man G. Boucher President The foregoing instrument was acknowledged before me this day of 199 by Norman G. Boucher, President, Boucher Inc., who is personally to e or who has produced Ct bK, Lf'(- as identification and who did take an oath. Notary Publi¢1tate of Florida Nears �',.H;c, ate cf Porida fay Ck mrt �F <04res i; L 2a 1999 Nq. C39797M Fred f??r. iti [t!r+x! Nadrq gr -rift Page 4 of 4 City of Cape Canaveral M E M O R A N D U M Date: September 29, 1998 To: Ed Gardulski, Public Works Director Jim Watson, Fire Marshal CCVFD Steve Bapp, P & Z Tech. From: Ken Grinstead, Acting Building Official Re: Final Re -Plat Review - Sea Era Segundo Please review for compliance the attached final replat review for Sea Era Segundo. Any comments or concerns must be received, in writing, on or before noon on Tuesday, October 6th. Should you have any questions regarding this submittal, please contact me. ZU 0 Ti 2� 1112-1 i� �� ryr �-�,✓�S 105 Polk Avenue Post Office Bog 326 • Cape Canaveral, FL 32920-0326 STAFF REPORT September 29, 1998 TO: Planing and Zoning Board Members. FROM: Steven E. Bapp, Planning and Zoning Technician Re: Final plat of Sea Era Segundo for Boucher Inc, Norman G. Boucher president. The building department reviewed the Final Plat application for Lots 8, 9, 10 and the west one half of vacated alley of Block 40, Section 23, Township 24S, Range 37E, Avon by the Sea Subdivision, City of Cape Canaveral, Florida. This final plat contains all the required data as per Section 98-58 of the Code of Ordinances. I Prior to final approval, the following documents must be on hand (Sec 98-59): 1. A certificate from the city engineer certifying the proposed subdivision is } acceptable. 2. Protective covenants in form for recording. (submitted by applicant)��;,zy�\ L,:� Al Cc: File October 12, 1998 Ken Grinstead Acting building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Review of Sea Era Sequndo Final Plat SSA Job No. 95062 Dear Mr. Grinstead: Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has reviewed the above referenced Final Plat and recommends the City of Cape Canaveral approve this project. If you have any further questions regarding this letter, please contact our office. ly, David Roy Jones Imp L Chief Surveyor /Project Reviewer STOTFLER STAGG 3 a-S�SOCLATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Bos 16."-.0 Cape Canaveral, Florida 32930 Tel 407-737,1330 Fa:c 407-783-7065 %�aW Mav?"aeds4.am4-sea era am oval Nlai olaldoc L�Gr�at To 1N�ork F"or���Gre� ter 1 d i�orkr�Vifh" IMeding Type-. Regular Meeting Date: 11-17-98 AGENDA REPORT AGENDA Heading Considerations Item 6 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council approve the annual employee Christmas bonus as outlined in the attached worksheet. Summary Explanation & Background: See attached worksheet. This is a budgeted item. The employeeA recommend approval. Merry Christmas Exhibits Attached: Worksheet City Managers Office -, Department LEGISLATIVE <(Ty gTa-dnitVc6unciil/meetino998n l-17-98/xmasbonus.doc EMP. Employee Hire CHRISTMAS BONUS # Name Year 1998 1003 Boucher, Bennett C 1981 280.00 1013 Bowers, Andrea L 1995 57.50 1118 Daine, Linda J 1998 25.00 1005 McIntire, Kim 1993 100.00 1008 Sims, Sandra 1995 70.00 1009 Stills, Susan 1994 85.00 1111 Puleo, Cheryl 1993 87.50 1028 Dack, Rolanda 1997 27.50 1121 Dunne, Paula 1998 12.50 1017 Frere, Joann M 1996 42.50 1034 McElreoy, Anne R 1997 27.50 1021 Wallace Virginia 1998 12.50 1116 Bapp, Steven 1998 25.00 1051 Chapman, Susan L 1989 160.00 Franklin, Dennis 1998 25.00 1015 Grinstead, Kenneth 1994 72.50 1014 Mullins, Gregory 1990 145.00 1018 Barker, Scott A 1996 55.00 1106 Daine, Francis 1995 70.00 1007 Davis, Timothy J 1996 55.00 1103 Dawson, Cathy 1991 130.00 1107 Evans II, Donald W 1990 145.00 1104 McKee, Kay O 1991 130.00 1019 Richart, Michael 1992 115.00 1012 Akery, Carl R 1966 505.00 1061 Bandish, Walter M 1990 130.00 1102 Clark, June A 1986 205.00 1119 Craanen, Donald 1998 25.00 1063 Dasno, Barbara E 1990 130.00 1023 Dujardin, Thomas R 1996 55.00 1056 Fox, Raymond W 1989 160.00 1029 Gardulski, Edward 1997 40.00 1006 Hernandez, Amelia 1996 55.00 1022 Hicks, Charles E 1996 55.00 1039 Huston, Marianne 1998 25.00 1020 Marks, Helen P 1996 55.00 1065 McCormack, Larry 1991 130.00 1030 O'Hara, Michael 1997 40.00 1094 Pappas, Karen D 1990 132.50 1011 Prince, Paul E 1989 160.00 Part-time Employees: $12.50 first year; 1068 Taylor, Melton J 1992 115.00 $15.00 each additional year 1045 Veenstra, Kenneth 1990 145.00 1038 Bierwagen, Jamie 1998 12.50 Full-time Employees: $25.00 first year; 1120 Carrigan, Barbara 1998 12.50 $15.00 each additional year 1032 Hanson, Nancy L 1978 325.00 1113 Latherow, Delores 1997 27.50 1037 Norman, Francoise 1983 237.50 1043 Welton, Donna 1986 192.50 TOTAL 4,925.00 Bonus SS Total Cost to General Fund 2,515.37 192.43 2,707.80 Cost to Beautification 64.88 4.96 69.84 Cost to Sewer Fund 2,344.75 179.37 2,524.12 Meeting Type: Regular Meeting Date: 11-17-98 AGENDA REPORT AGENDA Heading Resolutions Item 7 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-38, REAPPOINTING LEO NICHOLAS AS A REGULAR MEMBER OF THE LIBRARY BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Mr. Nicholas as a regular member of the Library Board. Summary Explanation & Background: Mr. Nicholas resigned this position to run for the City Council. He is requesting council reappoint him to this board. Please advise. Exhibits Attached: Resolution No. 98-38/Nicholas letter City Manager's Office Department LEGISLATIVE c. ad uncil/meed 1-17-98/98-38.doc RESOLUTION NO. 98-38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby reappointed as a regular member of the Library Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2000. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 17th day of November, 1998. ATTEST: BURT BRUNS Rocky Randels, MAYOR Sandra O. Sims, CITY CLERK TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS APPROVED AS TO FORM: RICHARD TREVERTON Kohn Bennett, CITY ATTORNEY G:\C i tyClk\Resol uti ons\BOARDS\REAP P'F\Library. doc FOR AGAINST ' DISTRIBUIM Mayor City Council City At[y. Pub. Works Dir. Building Off. Finance Dif. Leo Nicholas I P. O. Box 582 Cape Canaveral Florida 32920 Honorable Mayor and City Council City of Cape Canaveral 105 Polk Avenue Cape Canaveral FL 32920 Dear Sirs: Please consider favorably this as my request to be re -appointed to serve on the Planning & Zoning Board and the Library Board of the City. As you know, I have a great affection for the City and wish to continue to help out where I can, Thank you for your consideration. Sincerely, City of Cape Canaveral, Florida LIBRARY BOARD Serving Two (2) Year Terins under Sec. 46-26 (c) Dr. Tim Grady CHAIRPERSON P. O. Box 1612 Office: 783-8071 Geraldine Vavrek VICE CHAIRPERSON 310 Taylor Ave. #C-1 Home: 784-3719 Joanna Atwood SECRETARY 182 Long Point Road Home: 783-2751 Rosann Gallagher 5801 N. Banana River Blvd., #913 Home: 783-2628 Date Appointed/ Term Reappointed Expires 9-15-98 10-1-00 9-17-96 9-20-94 9-15-92 9-18-90 9-06-88 10-7-86 2-8-86 10-1-85 9-2-97 10-1-99 9-19-95 9-21-93 10-1-91 4-18-89 9-15-98 10-1-00 9-17-96 10-04-94 9-20-94 (Alt.) 8-3-93 9-15-98 10-1-00 9-2-97 (Member) 11-19-96 (1st Alt.) 9-17-96 (2nd Alt.) 12-6-94 James K. Brown 10-20-98 10-1-00 8700 Ridgewood Avenue, B301 Home: 799-2527 1 S` ALTERNATE ALTERNATE MEMBER VACANCIES (1) Revised: G:\DptyC1k�BOARDS\LIBRARY1Current Members.doc !:Iem % (2 Yrs. From Appt.) Meeting Type: Regular Meeting Date: 11-17-98 AGENDA Heading Resolutions Item 8 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-39, REAPPOINTING LEO NICHOLAS AS A REGULAR MEMBER OF THE PLANNING & ZONING BOARD DEPT. /DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Mr. Nicholas as a regular member of the Planning & Zoning Board. Summary Explanation & Background: Mr. Nicholas resigned this position to run for the City Council. He is requesting council reappoint him to this board. Please advise. Exhibits Attached: Resolution No. 98-39 City AtmagerWffice Department LEGISLATIVE g�m,W-a6–u—nciI/meeting/ 1998/ 11-17-98/98-39.doc RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby reappointed as a regular member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with terms to expire on September 15, 2000 SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of November, 1998. ATTEST: Rocky Randels, MAYOR BURT BRUNS Sandra O. Sims, CITY CLERK TONY HERNANDEZ APPROVED AS TO FORM: BUZZ PETSOS ROCKY RANDELS RICHARD TREVERTON FOR AGAINST Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Planning & Zoning.doc City of Cape Canaveral, Florida PLANNING AND ZONING BOARD Serving Two (2) Year Terms under City Code Sec. 58-26(b) Beatrice McNeely CHAIRPERSON 435 Jefferson Avenue Home: 784-0428 R. Lamar Russell VICE CHAIRPERSON 376 Harbor Drive Work: 867-3375 Home: 784-0008 Donald Bergen 426 Jefferson Avenue Home: 783-1569 Dr. John Fredrickson 8716 Croton Court Home: 783-1972 Andrea Shea -King 7017 Orange Avenue Home: 783-7169 Work: 783-5787 2 N ALTERNATE ALTERNATE MEMBER VACANCY Revised: G:\DptyClk\BOARDS\Planning & Zoning\Current Members.doc Date Appointed/ Reappointed 9-2-97 9-5-95 10-5-93 (Reg.) 9-7-93 (Alt.) 10-20-92 (2nd Alt.) 8-18-98 9-3-96 9-3-91 9-5-89 9-15-87 9-17-85 9-20-83 9-15-81 5-6-80 (Reg.) 9-2-97 10-3-95 (Reg.) 9-6-94 (1 st Alt.) 8-18-98 9-3-96 (Reg.) 10-3-95 (1st Alt.) 12-7-94 (2nd Alt.) 3-3-98(2 nd Alt.) Term Expires 9-15-99 9-15-00 9-15-99 9-15-00 9-15-00 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA t� ►vl ��I ��� `�� APPLICATION TO SERVE ON CITY BOARD Applicant Name: P14 L) L, A c- sc. o ' 7" Home Telephone: Home Address: CD 701 0111e5��ee s A- V'0 13r n OW6 Business: P 0 P6�_r_ Av�' 1 —* / Business Telephone: —7 94 -54- Office Address Brief Description of Education and Experience: c o H -N S l Kdl)_5 (I N )klC j6.S. iN 49P5• r9�/�llN BrLll j ;E7,F !: A1P1Lb tD 401 Cb�jvl���l �L P11 -or Are you a registered voter? Yes No Have you been a resident of the City for 12 months or longer? Yes No Do you currently hold a public office? Yes No Are you presently employed by the City? Yes No At the present time, do you serve on a City Board? Yes No At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepso , stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No VVV At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board v Planning and Zoning Board* Recreation Board *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: T)tt!5- U DT m7n-& Would you consider Applicant's,�i, PLEASE NOTE 2 3 r L::,- / C�) 05-� -^8-, ) M,#9- CJ1VC-, y v y ✓ ..-- " . . . v' - / i Board other than thee one s) you have selected on the front of this form? Date: ////& Z9g 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 contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 Meeting Type: Regular Meeting Date: 11-17-98 AGENDA Heeding Ordinances - 1" Reading Item 9 No. this purpose. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 31-98, VACATION OF A 25 FOOT WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2, RESERVING A PUBLIC UTILITY EASEMENT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the adoption of Ordinance No. 31-98 that would vacate a 25 foot wide right-of- way located west of tax parcels 511.1 and 512.2, reserving a public utility easement. Summary Explanation & Background: This petition was submitted by Mr. Tom Vani and was recommended for approval by the Planning & Zoning Board. FPL had concerns about access to their utility pole and Mr. Vani agreed to reserve a utility easement for this purpose. Staff recommends approval. Exhibits Attached: Ordinance No. 31-98/staff correspondence City Manager's Office _ Department P&Z/GROWTH MGMT t ncil/meeting/1 1- M-98/31-98. doe ORDINANCE NO. 31-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY-FIVE FOOT (25') WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has received a petition to vacate and abandon a twenty-five foot (25') right -of-way located west of tax parcels 511.1 and 512.1; and WHEREAS, the twenty-five foot (25') right-of-way lying west and adjacent to this right-of-way was vacated by the City by instrument recorded in Official Records Book 2773, Page 1092, and Official Records Book 2784, Page 178, both of the Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that all owners of the abutting property have joined in the request for this vacation; and WHEREAS, public utilities are presently located with said property; and WHEREAS, the City finds that the best interests of its citizens will be served by the closing, vacating, and abandoning of said property retaining a public utility easement across the north fifteen feet (15') of the east ten feet (10') of said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That twenty-five foot (25') right-of-way more fully described as follows: City of Cape Canaveral, Florida Ordinance No. 31-98 Page 2 A parcel of land lying in Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at a point on the West right of way line of State Road No. A -1-A which is 900.25 feet distant North of the South line of said Section 23, and run S.89°30'00"W., parallel with said South line, a distance of 200.00 feet to the POINT OF BEGINNING; thence continue S.89°30'00"W., parallel with said South line, a distance of 25.00 feet; thence S.00°22'00"E., parallel with the aforesaid West right of way line, a distance of 150.0 feet; thence N.00030'00"E., parallel with said South line, a distance of 25.00 feet; thence N.00°22'00"W. parallel with said right of way line, a distance of 150.00 feet to the POINT OF BEGINNING. shall be and is hereby vacated, abandoned, and closed on the effective date of this Ordinance, pursuant to Section 66-36 of the Code of Ordinances of the City, provided, however, that an easement is reserved for public utilities on the north fifteen feet (15') of the east ten feet (10') of said vacated property as described above. The public utilities casement reserved herein is conditioned that any fence erected upon the vacated property by the owner of tax parcel 511.1 shall be replaced or restored to its original condition should any damage occur due to work performed by the public utilities company utilizing said easement. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, district, and independent provision and such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral Florida. City of Cape Canaveral, Florida Ordinance No. 31-98 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of 11998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Kohn Bennett, CITY ATTORNEY \',,Cape-nt\cityclerk',.CityClk\Ordinances\Vacating 25 Ft Right -of Way W of Parcels 511.1 and 512.1.doc ORDINANCE NO. _- �?J -98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A TWENTY-FIVE FOOT (25') WIDE RIGHT-OF-WAY LOCATED WEST OF TAX PARCELS 511.1 AND 512.2; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has received a petition to vacate and abandon a twenty-five foot (25') right-of-way located west of tax parcels 511.1 and 512.1; and WHEREAS, the twenty-five foot (25') right-of-way lying west and adjacent to this right-of-way was vacated by the City by instnunent recorded in Official Records Book 2773, Page 1092, and Official Records Boob 2784, Page 178, both of the Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that all owners of the abutting property have joined in the request for this vacation; and WHEREAS, public utilities are presently located within said property; and WHEREAS, the City finals that the best interests of its citizens will be served by the closing, vacating, and abandoning of said property retaining a public utility easement across the north ten feet (10) of the east ten feet (10) of said property. NOW, TBEREFORE, BE IT ORDA RED BY TSE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That twenty-five foot (25") right-of-way more fully described as follows: A parcel of land lying in Section 23, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at a point on the West right of way line of State Road No. A -1-A which is 900.25 feet distant North of the South line of said Section, 23, and run S.89°30'00"W., parallel with said South line, a distance of 200.00 feet to the POINT OF BEGINNING; thence continue S.89°30'00"W., parallel with said South line, a distance of 25.00 feet; thence S.00°22'00"E_, parallel with the aforesaid West right of way line, a distance of 150.00 feet; thence N. 00°30'00"E., parallel with said South line, a distance of 25.00 feet; thence N.00°22'00"W., City of Cape Canaveral Ordinance No. _,1__-98 Page 2 parallel with said right of way line, a distance of 150.00 feet to the POINT OF BEGINNING. shall be and is hereby vacated. abandoned, and closed on the effective date of this Ordinance, pursuant to Section 66-36 of the Code of Ordinances of the City, provided, however, that an easement is reserved for public utilities on the north fifteen feet (15') of the east ten feet (10') of said vacated property as described above. The public utilities easement reserved herein is conditioned that any fence erected upon the vacated property by the owner of tax parcel 511 A shall be replaced or restored to its original condition should any damage occur due to work performed by the public utilities company utilizing said easement. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 1998. ATTEST: Sandra O. Sims, CITY CLERK Rocky Randels, MAYOR APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY X v FR: ity of Cape Canaveral ►FF REPORT i iuix,111ir, aiiu c.viiinr, ,ova, u ivyembers. Steven E. Bapp, Planning and Zoning Technician. J RE: Vacation a 25 -ft alleyway located to the west of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Mr. Tom Vani requests a vacation a 25 -ft alleyway located to the west of 6799 N. Atlantic Ave (parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral), City Staff approves of the vacation. Florida Power and Light does not recommend vacation of the entire alleyway. FPL is concerned about access to a power pole located in the northern portion of the alley. FPL could service the power pole from the north via the Cocoa Palms Trailer Park. The City could also dedicate a 10 -foot easement to allow FPL service the pole. The applicant agrees to pay all fees for the vacation. 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L s � y t �'01 o 0 0. ° �i al 0: „ Q C w 'cpc_. « 'fd 1LrO� O L y « m p `� 7 ZONING Sec. 110-473. Minimum width of courts. The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story build- ings and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of such a court shall be increased by two feet, provided that open unenclosed porches may project into a re- quired court not more than 25 percent of the width of such court. Nominal insets in the build- ing facade of six feet or less shall be exempt from this section. (Code 1981, § 641.39) Sec. 110-474. Water areas. All areas within the city which are under water and not shown as included within any zoning district shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line as projected until they intersect a projected line from other district boundaries. (Code 1981, § 641.41) Cross reference—Waterways, ch. 106. Sec. 110-475. Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any build- ing or development on property abutting any paved street, public and private, within the city limits. (b) Sidewalks constructed in residential dis- trict shall be four feet wide, and five feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be required across as- phalt paved driveways, but the asphalt driveways must be maintained in good repair by the prop- erty owner. Sidewalks along State Highway AlA will require a permit from the state department of transportation and shall be five feet wide. (c) Sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks installed must conform in width with the existing sidewalks, but not to exceed five feet in width. § 110-477 (d) Sidewalks shall normally abut the prop- erty line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed. (e) Construction of sidewalks shall be com- pleted prior to the issuance of the certificate of occupancy or final inspection. Costs of construc- tion shall be borne by the property owner. The construction of the sidewalk shall be in accor- dance with the provisions of section 98-92(t) of the Code of Ordinances of the City. (f) Sidewalks contiguous with or a part of the bicycle path system shall provide for a smooth transition between surfaces. (Code 1981, § 641.55; Ord. No. 13-97, § 3, 10-21- 97) Cross reference—Streets, sidewalks and other public places, ch. 66. Sec. 110-476. Dedicated public land. j Dedicated public streets, walkways, alleys, ac- cessways or easements may be closed or relocated as part of or in conjunction with any private development phase upon an application being made to the city council, after review of and recommendation from the planning and zoning board, and if the application is in the best interest of the city. However, the vacated land shall not be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessway or easement must be submitted no later than 30 days prior to the planning and zoning board meeting at which it is to be considered. (Code 1981, § 641.57) Cross references Parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66. Sec. 110-477. Dedicated public easement. No purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. (Code 1981, § 641.58) Supp. No. 5 CD110:61 (3) (5i (,0-,4 STREETS. SIDEWALKS AND OTHER PUBLIC PLACES Of underiow, .ent 13 ultimately COITeCt. the grantee shall bear the cost of such audit. The city shall have the right, upon rea- sonable notice, to inspect a grantee's in- come records, to audit any and all rele- vant records, and to recompute any amounts determined to be pavable under a franchise and this a_--icle. In the event that any franchise payment is not received by the city on or before the applicable due date, interest shall be charged from such date at the. statutcrr rate for judglrents. In the event a franchise is revoked or otherwise terminated prior to its expira- tion date, a grantee shall file with the city, within 90 days of the date of revocation or termination, a verified or, if available, an audited financial statement shovrLTig the gross revenues received by the grantee since the end of the previous year and shall make adjustments at that time for the franchise fees due up to the date of revocation or ta._„L1aai.ion. ,N:t ha`T in L: section shall hmi: the c' -,-; 's auLliGP_:� to ta:f a -a7;Lae. Cr tC cc' ect any tee Gr Char? ^er,nnit ed by lav-.-, an no immuS'iy': from any such Ccl:ga- t':cn shall attach to a _^=tae by vii ue G this section. N0. 4-9f 3 1) 1 -1-9 I Secs. 66-2-66-25. Reser: ed. -kR.TICLE II. STREETS' DIVISION 1. GE:NFR.-T LY Sec. 66-26. Civil liability for dam,age. person is ciyill_: liable to the cit,- for the actual darnaze to a street in the city because of his 'Cross references--Swee_ing !;:tar in:aonic- .:ed, S 34-` is ',. _.`c and .-._c!es, cc:. 74. ,rac::.-cu.esVes:ac- !isaec. ; �--3J: s.... �•.ca;ar _.hada-:::e::_. 20-'-:- -- _ec.: r. cu:r_men:s a, .n:ar<eccr._. 3 i1J-mac negligent or �vron4 ul act. Costs to repair the damage may be recovered by suit, includL-ig rea- sonable attorneys' fees, in the collection of the ccststo repair the damage. (Code 1981, § 501.07) Sec. 66-27. Speed bumps. The use of szoeed bu.T,rs on private or public roadways or driveways within the city is hereby expressly prohibited. Ever-,, speed bump law -fully permitted at the tma, e of the adoption of this chapter which violates or does not conform to this chapter shall be allowed to remain until such time as they are, Ln the opinion of the fire chief or h s designee, worn out or the pavement or surface of the public or private roadway is being repaved or repaired. Speed humps shall be permitted within tae private and public roadways of the city, pro- %:ded thev meet the foLowing requirements: (1) Thev must be constructed to a minimum_ of 12 feet in w:dtll from front to back in direction o: t: a= c, increasing Ln heiah: provided that it shall not exceed thrae jncaes ii: h : at its center. Plaris de-3icpeed hump must :e submin ad and eaparoved by the fire de -=men: be:Cre iT.SLallation. A. si`-' 'n a_ _ Gi .fie Soeed hu` n _na_. _e erectad Lur ,ia_rt:o the state de_nai' me ->'_t of r_a-n=por:a-1`:Gn_ r cuirements. -n addition, c;L;_ens may pet -Tion the c'. -' c_ = ­ c -11 .- c;l fcr the cGP--qtr-Lichen oI a speed hump on a public street 1I the applicant can demonSLrare that a definable hazard ,viil be diminished by its ^_stallation. - io Such recuest shall be considered u-riess it is accemoanied by a Petition sie-ned by -at least 75 percent of the adjacent residents in the affected block. -iot'r•nz herein shall abrogate the right of the city from erecting a speed hump on dry city street should tie city deem it necessar:. (Ord. No. 1'-96. § 1, 8-20-96) Secs. 66-"8—Sa,L.S_. Reserved. DiVISIOti 2. ` PA DONNIENT Sec. 66-36. Authority. iE cit "council, . nape^_t to property under its conzr cl, rnav in .-s Own discr et:on and of itS Suoc. 11o. 4 CD:o:5 3 66 -36 - CAPE C . A_F,• L CODE own motion or upon the request of any agency of the state, county or of the federal government or upon petition of any person is authorized and empowered to: (1) Vacate, abandon, discontinue and close any existing public street, alleyway, road, highway or other place used for travel or any portion thereof, other than a state, county or federal highway or road, and to renounce and disclaim any right of the city and the public in and to any land in connection therewith; (2) Renounce and disclaim any right of the city and the public in and to any land or interest therein acquired by purchase, gin, devise, dedication or prescription for street, alleyway, road or highway pur- poses, other than lands acquired for state, county and federal highways; and S (3.}; Renounce and disclaim any right of the city and the public in and to land, other �y than land constituting or acquired for a "state, county or federal highway, delin- eated on anv recorded map or plat as a street, alleyway, road or highway. (Code 1981, § 501.00(A)) Sec. 66-37. Petition for action. The request for abandonment of acv street bv any agency of the state, county or of the United States or of any person to the cit-; council to take action shall be in waiting and shall be by petition on a feria provided by the cit;:. (Code 1931, § 501.06) Sec. 66-38. Petition procedure. (a) The petition for requests for abandonment of city streets shall be filed with the city clerk.. The petition is reviewed by the planning and zoning board. The planning and zoning board shall issue a recommendation_. fib) The planni.-ig and zoning beard's recommen- dation shall be presented to the city council for re,.-iew. The city council shall review tl:e recorni- mendation and approve or msappro`: e t :e pet -.- "Cr. (Code 1981, § 501.07) Sec. 66-39. Ordinance required. Before any such street shall be closed and vacated or before any right of interest or the city or public in any land delineated on any recorded map or plat as a street shall be renounced and disclaimed, the cit:r council shall adopt an ordi- nance. The ordinance shall be recorded in tay records of the county. (Code 1981, § 501.06) Secs. 66-40-66-60. Reserved. ARTICLE III. PXCAVa 41O�;S* DIVISIOti 1. Gi NT r R_-1 is Sec. 66-61. Penalty. -kriy person violating this article shall, upon conviction, for each offense be punished as pro- vided in section_ 1-15. (Code 198' . § I , . 14) Sec. 68-62. Liability of T,; is a ^Cle ShaIll not be cOnSt..ie'i a- porithe c: Gr any cmlcial or emlicv e a-:-. liabiht_, cr re uonSibiliti for clamages to any per- scn iniure, by the performar:ce cf excavation worms icr '.ti: 1C : ani exCavat= permit iS 1SSued under t:1S ar icle nor mall tae _:t- cr any oii1c:al or emolcyee thereof be deemed to have assurned any such liability or responsibility because of inspections authorized under tl->;s ar-icie, the is- suance of anv permit or the approval of any excavation work. (Code 1981, § 727.13) Sec. 66-63. Inspections. The cit-. shall make suer: inspections as are reaSGnalbl necessar. in the enLVrc2rnent of this a dole- ( Code 1981. § 727.10) Suoo. No. 4 CD66:6 'Cross reterznces ^litres. =... - _. -..__ _-. d rrsd- _ccz Thomas A. Vani, President Michael J. LeBlanc, Treasurer Laura Moffett, Secretary FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. September 29, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter RE: Vacating of Alleyway at 6799 N. Atlantic Avenue, Cape Canaveral, FL Dear Sir or Madam: We are requesting that the alleyway at the above -referenced property be vacated for the following reasons: 1. Currently the alleyway is unused and unkempt and contains a large number of pepper trees which are non-native to the area. 2. If vacated, we would propose to create an additional buffer with native and/or approved plant material. 3. By putting a fence on the back end of the vacated alleyway and grassing and planting, we wuld also create a screen which would shield adjacent properties from our business activities. 4. The area is currently full of trash and no one is responsible for maintaining it. 5. If the city were to vacate this alleyway to us, it would be maintained properly on a regular basis and would present a pleasant appearance from either side of the vacated alleyway. In summary, we would take an overgrown, unkept area prone to be used by vagrants and undesirables and turn it into a landscaped area which would be an improvement for our property and the City of Cape Canaveral. 'ncerely, T. A. Vani TAV:el 400 High Point Drive, Suite 500 0 Cocoa, Florida 32926 0 Telephone: 407/636-0200 • Fax: 407/636-8406 Thomas A. Vani, President Michael J. LeBlanc, Treasurer Laura Moffett, Secreta,,• FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter September 29, 1998 RE: Statement Regarding Vacating of Alleyway at 6799 N. Atlantic Ave. Dear Sir or Madam: This letter will serve as our statement that if the City of Cape Canaveral vacates the above -referenced alleyway, all costs involved, including but not limited to, engineering, advertising, administrative and recording fees will be paid by S & S Real Estate Development, Inc. 6ipcerely, T. A. Vani TAV:el 400 High Point Drive, Suite 500 0 Cocoa, Florida 32926 • Telephone: 407/636-0200 0 Fax: 407/636-8406 ALBERT J. FRANCIS 319 JACK DRIVE COCOA BEACH, FL 32931 7$3-4600 July 28, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920 RE: Alleyway, 6799 N. Atlantic Ave., Cape Canaveral, FL Vacating of Property Sirs: As owners of the above -referenced property and in accordance with the executed Contract for Sale and Purchase under which S & S Real Estate Development, Inc., a Florida Corporation, is the Buyer, the undersigned do hereby designate T. A. Vani, President, S & S Real Estate Development, Inc., as our agent to act on our behalf in all matters concerning the request for City of Cape Canaveral to vacate alleyway located to the west of 6799 N. Atlantic Avenue (Lot 511. 1, Section 23, Township 24S, Range 37 E., City of Cape Canaveral). Albert J. Fra C'_ State of Florida County of Brevard Elizabeth A. Francis, his wife JUL Personally appeared before me this ,p day of 1998, Albert J. Francis and Elizabeth A. Francis, his wife who provided Zgj Ve_p j.s Lrlcenxes as identification and who executed the foregoing document. MIXEN S. LEPORIN of Fiorida L;p C�.T,,_ c Marrh 1, IM pC _'3442751 ROOD J E FODUCcJ LD. Thomas A. Vani, PTc5rdenr Michael J. LeBlanc, Trca�100 Laura k1offett, Scc�eiar, FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. June 17, 1998 Virginia D. Eberwein, Trustee Elizabeth Eberwein et al P. O. Box 477 Cape Canaveral, FL 32920-0477 RE: 6799 N. Atlantic Avenue, Cape Canaveral Dear Ms. Eberwein: DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter As the Buyers of the above -referenced property, we are requesting that the City of Cape Canaveral vacate the alleyway to the west of the property. As an adjacent property owner, we are requesting that you approve this vacation request. Our intent is to clean up, landscape and maintain a more aesthetic area. Please indicate your approval by signing the enclosed letter and having it notarized. When this has been done, please call me at 636-0200 and I will make arrangements to pick the letter up from you or you may return it in the enclosed self-addressed stamped envelope. Thank you for your cooperation. If you have any questions, please feel free to contact me. ncerely, T. A. V ani TAV:el Enc. 400 High Point Drive, Suite 500 0 Cocoa, Florida 32926 • Telephone: 407/636-02a) 0 Fax: 407/6368406 Thomas A. Vani, Presidene Michael J. LeBlanc, Treasurer Laura Moffett, Secrcta- FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. July 16, 1998 Virginia D. Eberwein, Trustee Elizabeth Eberwein et al P. O. Box 477 Cape Canaveral, FL 32920-0477 RE: 6799 N. Atlantic Avenue, Cape Canaveral Dear Ms. Eberwein: DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter On June 17, 1998 I sent you a letter (copy enclosed) regarding our request for the City of Cape Canaveral to vacate the alleyway to the west of the above -referenced property. To date we have not received your reply. Your consent is required in order for the City to vacate this alleyway making it possible for us to proceed with the improvements we wish to make. Your cooperation in signing the approval letter and returning it to me would be very much appreciated. inc rely, T. A. V ani TAV:e1 Enc. Via Certified Mail— RRR 400 High Point Drive, Suite 500 0 Cocoa, Florida 32926 • Telephone: 407/636-0200 0 Fax: 407/636-8406 Date: " 36, /798 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Alleyway, 6799 N. Atlantic Avenue, Cape Canaveral, Florida Sirs: I hereby approve the request of S & S Real Estate Development, Inc. for the City of Cape Canaveral to vacate the alleyway to the west of 6799 N. Atlantic Avenue. Sc�p/'cL Co /6 r �7z7`. Property Owner: 14 cc Property Address: /926 Alb. Af-&,7-11'c-, ve- #70-1/ CG G00-6ec-C Fe- 32.cf3I State of Florida County of Brevard Personally appeared before me this 3) day of 3 , 1998, _ Kw# Teze,1 who provided r, I as indentification and who executed the foregoing document. Notary Public rn, r c�'7 C � < o�,Ar aao Margaret C. Davis : Notary Public, State of Florida < c Commission No. CC 486633 ; OF RP My Commission Expires 10123/99 < 1.800 3 -NOTARY - Fli Nawy Senim k Bor4n8 Co. October 14, 1998 Mr. Ken Grinstead Acting Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Review Comments for Vacation of 25 foot alley located to the west of 6799 N. Atlantic Ave. (Parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL) SSA Job No. 98107 Dear Ken: Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has received and reviewed the application for vacation of a 25 foot alley located to the west of 6799 N. Atlantic Ave. parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL. Following are SSA's concerns and comments. 1) It is recommended that The City of Cape Canaveral require a title commitment be provided by the requester. The title commitment should be reviewed to ensure that there are no reversionary rights to the 25 foot alley to be vacated. 2) For your information portions of the right of way as recorded in official Records Book 1243, Page 642 has already been vacated by the City of Cape Canaveral. This vacation was recorded in Official Records Book 2773, Page 1092 and Official Records Book 2784, Page 178 all of the Public Records of Brevard County, FL, City Resolution No. 87-1.(See attached copy of Assessment Map) 3) The right of way is undeveloped and un -cleared as of October 13, 1998. 4) A legal description and sketch of the vacated property shall be provided to the City. 5) Any existing utilities on the property shall be located by the Owner and furnished to the City. If utilities are located then the proper utility company shall also review and approve request. SSA can recommend approval of this vacation subject to the City receiving the Title Commitment, Description and utility information above. If you have any further questions regarding this letter, please contact our office. Sincerely, John A. Pekar, PE David Roy Jones, P S Vice President, Project Manager Project Reviewe SIT"ITLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS. INC. 8680 North Atlantic Avenue d:\c ihnraectslcaoe9-vacatervcaoeflonst.doc R t). Box 1630 Cape Canaveral, Florida 32920 Tel 407-7K-1320 Fax 407-7537065 Lic. #AACO00329 #EBO(H)0762 #LBO006700 "Great To Work For ... Greater To Work With" MEMORANDUM TO: Ken Grinstead Acting Building Official FROM: Ed Gardulski-a Public Works Director DATE: October 14, 1998 RE: Vacation of Sewer Easement Reviewed the easement located to the west of 6799 N. Atlantic Ave, parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral. Did not find any current or future need of this easement by the City of Cape Canaveral. As Public Works Director, I concur with the vacation of the 25 -foot alley. 0 FPL October 15, 1998 City of Cape Canaveral P.O. Box 326 Cape Canaveral, F1. 32920-0326 Attn: Steven E. Bapp, Planning & Zoning 270 Pioneer Rd., Merritt Island, FL 32953 Re: Vacation a 25 foot Alley located to the west of 6799 N. Atlantic Ave. (Parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral) Dear Mr. Bapp: FPL has facilities located in the referenced 25 -foot alleyway west of 6799 N. Atlantic Ave. The facilities are shown in the enclosed survey, which was provided to FPL by the City of Cape Canaveral. The FPL facilities provide electric service to the adjacent properties. FPL objects to vacating the alleyway and request that the City does not vacate the entire 25 -foot alleyway. Sincerely, 4&-;��a" Dot Fischer Construction Designer Cc: Ken Grinstead, Acting Building Official, City of Cape Canaveral, F1. Encl: (1) an FP'_ Grml; o31 -"+)any City of Cape Canaveral CITY OF CAPE CANAVERAL ' October 22, 1998 S & S Real Estate Development, Inc. ATTN: Mr. T. A. Vam 400 High Point Dr., Suite 500 Cocoa, FL 3292 Re: Vacation a 25 ft alleyway located to the west of 6799 N. Atlantic Ave (parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Dear Mr. Vani, You are scheduled for an appearance before the City of Cape Canaveral Planning and Zoning Board on October 28t', 1998. The board will review your request for the vacation of the 25 -ft alleyway located to the west of 6799 N Atlantic Ave, Cape Canaveral, FL. FLP objects to the vacation of the entire 25 -ft alleyway in order to maintain service to a power pole (in the northern portion of alley). Please review the staff comments enclosed with this letter. I have also enclosed the engineering fees associated with this vacation request. Please submit payment for these fees to the City of Cape Canaveral Finance Department prior to final review by the City Council. Sincerely, 4-� teven E. 8Zapp Planning and Zoning Technician City of Cape Canaveral CF: Ken Grinstead, Acting Building Official, City of Cape Canaveral File 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 - FAX (407) 799-3170 - http://fcn.state.fl.us/cape/ NOV-12-98 THU 04:66 PM FAX NO, RESOLUTION NO. 87-1 A RESOLUTICN VAChTING T.iS trEST Ola£-11ALF OF 80' AND 50' ROAD RIG::.-OF-W:AY LOCATED EAST OB' C_F.PE SHORES CONf)0.lI9IL'?:; PF(.`J1D117G AN EFFECTIVE PATE. W411£REAS, Cape S,.ores Association, Inc. has petitioned the City of Cape Canaveral, Florida, to v1cate the sled one-ha7.E of the 80' road right -of -tray located en4t of cane' S'tioren Condominium; and WHEREAS, tltc Caty Council of ti+.ca city o Cal�,'t c.,juaveral, c'etcrmfned .L. i, inter,:. of tl:. Florida, has •• City to Vacate said road rinht-of-way; NO,d, TF(F.RL••FORy, BE 1T r1f:507,vCD, by t.i:c City Council of t.hte City of Cape Cznav,-ral, 2rcvarvl County, 210ric3a, a:: tollnt:s: SYCTION 1. City of Cape Canaveral, i'J.orida, hr_reb! vacates thr_ west ont,-hnlf of the 80' and 50' road right -0f -%4e -Y located east of Cape Shores CO'1dO;11iniu;n, r.nrc pgrt.icularly dcscribcd as follrus: Cort;,ience At t1,e Southtrc_ 1. <:ornoC of Section 23, `Eownshij- 24 South, hango 37 Fast, Svc-v,trd County, Florid -2, thratce run, S19'08'40"F; along th,:! South line o g,,jid Section 23 for 472.84 feat; thence run NUO"59'3]"E for 40.00 fcct. to the P01t;I OP tSTi Gi1tiNING; Llii:nr.t_ cctntinutt for PI60.35 i'cet th,!nct: run 509000140'E along a linrs that lit-!; 900.35 Eact forth of and pa[allel with tits c,vici Soutt, lino. of Section 2.e lol 25.00 feat! thnncr. run S00°59' 31"!', for 27•!, 4 % ft+ot; thence, run 509°0030"1' Cct: 55.()o fr•f:t; t},c:rct• rttn $00159'31"W for 60.00 (c•c,t_; tijtsocc run h89"00'30"w for 40.00 feet; thf:ncc Curl 500°57'31"W for 525.05 fvct; ChCncr. rust N84°0S' 41)"t1 alo:lr, a 1 ini: that 1 its:: 40 fect North of sad par'(ilei with tho.. SouF.h line of nail Section 23 for 40.00 iced to tho rOMr 01' pti4iNit1'vcl. SF;:TION 2. The Vactt.ioft of the property <lrascril.,c.l in Section 1 is subjact to the E-llo"(ng _eservationa and limitations: 1. T:,at the tacatvd ,rea will bo uCilit(:d by tho petitioner solely for benutification purpose-- and for il:gr,'as :ind ogres:, by residents of the Cape Shores Condo -minium complex Ana their invitce5; 2. That no permanent structures, exclud drainage, irrigatiost equipment and appur will be place) upon tho said preperty; PIAG 1. •'h :Gf.�. ._.. F,:C,c. 2773 1092 m 02/06 r i NOV-12-98 THU 04:57 PM FAX NO. 7 3, That, should the City osCanaveral other to jurisdiction determineinclude governmental agency having that lands described in Section 1, or any part thereof, in a ,t dedicated public road system, than, and in such event and without compensation therefor, the Potitioner and its nds successors in interest agree to rededicate thaslshall be described in Section 1, or any part thereof. required as part of such road system. rr c SECTION 3. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, •Februa F 1987. I•'lorida, this 3zti day of Mayor STATE (M FLQQ-0A :(Vi,NTr OF NIrC4AN0 N a)r Vt •M1 ti "�?ri w RESOLUTION NO. 87-1 PAGE 2 Or 2 MEF.; REC: :PAGE: 2773 093 P. 03/05 ATTEST, i NRME YCS NO X i ty c erk "'=° + Lu•—' X Approved as to i orm t AURann X NIC.OM�I X ttor ey STATE (M FLQQ-0A :(Vi,NTr OF NIrC4AN0 N a)r Vt •M1 ti "�?ri w RESOLUTION NO. 87-1 PAGE 2 Or 2 MEF.; REC: :PAGE: 2773 093 P. 03/05 NOV-12-98 THU 05:26 PM FAX NO. AS to FAIL I RESOLUTION NO. 87-1 :! fb.;WdurAwa.iIhrb�-X� A RESOLUTION VACATING THE WEST ONE-HALF OF 80' AND 50' ROAD RIGHT-oF-WAY LOCATED EAST OF CAPE. SHORES CONDOMINIUM? PROVIDING AN EFFECTIVE DATE. r WHEREAS, Cape Shores ASLOCiation, Inc. has petitioned the City of Cape Canaveral, Florida, to vacate the west one-half of } the 80' road right-of-way located east of Cape Shores r' Condominiums and y WHEREAS, the City Council of the City of Cape Canaveral, Ylorida, has determined that it 15 in the best interest of the City to vacate said road right-of-ways NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: �P SECTION 1. The City of Cape Canaveral, Florida, hereby vacates the west one-half of the 00' and 50' road right-of-way + located east of Cape Shores Condominium, more particularly N described as followat .; cotnirence at the Southwest corner of Section 23, p, Township 24 South, Range 37 East, Brevard County, Florida, thence run 589006'40"E along the South line of said Section 23 for 472.84 feett thence run N00°S9131"E for 40.00 feet to the POINT OF DEGINNING; thence �Q continue N00"59131"E for 660.35 feet thence run S89109140"L; along a line that lies 900.35 feat North of and parallel with the said South line of Section 23 for 25.00 feet$ thence run S00'59131"W for 274.47 feet, thence run S89000130"E for 55.00 feet$ thence run S00'591318W for 60.00 feet$ thence run N89600130"W for 40.00 feats thence run S004591318W for 525.85 feats thence run N89608'40"W along a line that lies 40 feot .� North of and parallel with the South line of said Section 23 for 40.00 feet to the POINT OF BEGINNING. SECTION 2. The vacation of the property described in Section l is subject to the following reservations and limitations 1. That the vacated area will be utilized by the petitioner solely for beautification purposes and for ingress and egress by residents of the Cape Shores Condominium complex and their invitees; ;t 2. That no permanent structures, excluding pavement, curbs, drainage, irrigation equipment and appurtenant improvements will be placed upon the said property$ RESOLUTION NO. 87-1 PAGE. 1 OF 2 'PAGE; 2784 0178 P. 01 NOV-12-98 THU 06:26 PM FAX NO, P. 02 3. That, should the City of Cape Canaveral or other governmental agency having jurisdiction determine to include that lands described in section 1, or any part thereof, in a dedicated public road system, then, and in such event and Without compensation therefor, the Petitioner and its euccessors in interest agree to rededicate the lands described in Section 1, or any part thereof, as shall be required as part of such road system. SECTION 3. This ReBolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd day of _ rchruaw —, 1987• .441 jayor ATTEST: MMIC vo No X ty er � 1{100 ii L►t X Approved as to Porn: ,uoann X Nlt1.OLn! X t - '.1 :} Atto ey i 0ATe OF )Plo§rW•.., C ou NIT Of kRC 0"D Ti.1. h III 11•,1 IM 1�„'OInY RESOLUTION NO. 87-1 PAGE 2 OF 2 IoEF.:c. !PiGEI 2784 0179 Meeting Type: Regular Meeting Date: 11-17-98 AGENDA Heading Ordinances - 1" Reading Item 10 No. Staff recommends approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 32-98, VACATING A SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.2 DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the adoption of Ordinance No. 32-98 that would vacate a sewer easement across Parcels 511.1 and 512.2. Summary Explanation & Background: This petition was submitted by Mr. Tom Vani and was recommended for approval by the Planning & Zoning Board. Staff recommends approval. Exhibits Attached: Ordinance No. 32-98/staff correspondence City Manager'sDffice Department P&Z/GROWTH MANAGEMENT /adm� ncd/meeting/t99SL14'-q-7-§8/32-98.doc ORDINANCE NO. 32-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VCATING AND ABANDONING THAT CERTAIN TEN FOOT (10') SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512. 1, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 380, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has received a petition to vacate and abandon that certain ten foot (10') sewer easement located across tax parcels 511.1 and 512. 1, as dedicated by instrument recorded at Official Record Book 1189, Page 380, Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that portions of the sewer easement lying north and south of said tax parcels have been previously abandoned; and WHEREAS, no public utilities are presently located within said easement, and the City has no intention to utilize said easement for said purpose; and WHEREAS, the City finds that the best interests of its citizens will be served by the closing, vacating, and abandoning of said easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That easement in favor of the City lying across tax parcels 511.1 and 512. 1, as described in that instrument recorded at Official Records Book 1189, Page 380, Public Records of Brevard County, Florida, shall be and is hereby vacated, abandoned, and closed on the effective date of this Ordinance. City of Cape Canaveral, Florida Ordinance No. 32-98 Page 2 SECTION 2. All ordinances of parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provision of this Ordinance. SECTION. 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Ordinances\Vacating 10 Ft Sewer Easement on Parcels 511.1 & 512.1.doc ORDINANCE NO. ,,J�-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING THAT CERTAIN TEN FOOT (10') SEWER EASEMENT LYING ACROSS TAX PARCELS 511.1 AND 512.1, AS DEDICATED BY INSTRUMENT RECORDED AT OFFICIAL RECORDS BOOK 1189, PAGE 350, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE_ WHEREAS, the City Council of the City of Cape Canaveral has received a petition to vacate and abandon that certain ten foot (10) sewer easement located across tax parcels 511.1 and 512, 1, as dedicated by instrument recorded at Official Records Book 1189, Page 380, Public Records of Brevard County, Florida; and WHEREAS, the Council has determined that portions of the sewer easement lying north and south of said tax parcels have been previously abandoned. and WHEREAS, no public utilities are presently located within said easement, and the City has no intention to utilize said easement for said purpose; and WHEREAS, the City finds that the best interests of its citizens will be served by the closing, vacating, and abandoning of said easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That easement in favor of the City lying across tag parcels 511.1 and 512.11. as described in that instrument recorded at Official Records Book 1189, Page 380, Public Records of Brevard County, Florida, shall be and is hereby vacated, abandoned, and closed on the effective date of this Ordinance. SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. SECTION 3. if any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 4. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. -98 Page 2 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY T uPi-r',rC ,h„ ''1� f t: �• r t f � � � �. - � ...a- .>Jri h. A ' � l Y fviy ,ti ••; y� L i . bq 00 _q. L. 77 77 5;4 Ati Y o ll� t "air r r �: r r •. � r �*'�`y.F fJQ� Br' � _ _ Y�` i i 1._= v t ~`✓ _Jif = iii t ris— � 4ii � .t �.a� v 6'gj, rp�^� :. a� - ¢ 4 �- 3 .•Z LLI ta it - � %.d V �� 2 TT4�� r � s�' 'r� =,tis "v 5 7^ �. , � � S � �t Aft �• � t -s, ON TAYd tit48Sti Y �� � > ? •��.' `�:c 4�,,,� LL _yeF� r �C��+t1. �:' 3� ,, � a � 'i•r ry t � � .Ts ^,r 4>>+? `-✓ (, ` 4r Lsn Z`-' y.ta�i. ty of Cape Canaveral FF REPORT cu,u 1-%ili ir5. i..vvaiu ivlCmbers. FR: Steven E. Bapp, Planning and Zoning Technician RE: Vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Mr. Tom Vani requests a vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). This easement has not been used, nor is there any plan to use this easement in the future. City Staff and Florida Power and Light approve of the vacation. The applicant agrees to pay all fees for the vacation. Cc: Ken Grinstead, Acting Building Official, City of Cape Canaveral —j — File 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ ZONING Sec. 110-473. Minimum width of courts. The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story build- ings and 60 feet for four-story buildings. For every five feet of height over 40 feet, the width of such a court shall be increased by two feet, provided that open unenclosed porches may project into a re- quired court not more than 25 percent of the width of such court. Nominal insets in the build- ing facade of six feet or less shall be exempt from this section. (Code 1981, § 641.39) Sec. 110-474. Water areas. All areas within the city which are under water and not shown as included within any zoning district shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district § 110-477 (d) Sidewalks shall normally abut the prop- erty line, but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks or to accommodate trees or other objects which are not desired to be moved, altered or removed. (e) Construction of sidewalks shall be com- pleted prior to the issuance of the certificate of occupancy or final inspection. Costs of construc- tion shall be borne by the property owner. The construction of the sidewalk shall be in accor- dance with the provisions of section 98-92(t) of the Code of Ordinances of the City. (f) Sidewalks contiguous with or a part of the bicycle path system shall provide for a smooth transition between surfaces. (Code 1981, § 641.55; Ord. No. 13-97, § 3, 10-21- 97) Cross reference—Streets, sidewalks and other public places, ch. 66. shall be construed to extend into the water area in a straight line as projected until they intersect projected line from other district boundaries. (Code 1981, § 641.41) Cross reference—Waterways, ch. 106. Sec. 110-475. Sidewalks required. (a) Construction of sidewalks shall be required in conjunction with the construction of any build- ing or development on property abutting any paved street, public and private, within the city limits. (b) Sidewalks constructed in residential dis- trict shall be four feet wide, and five feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be required across as- phalt paved driveways, but the asphalt driveways must be maintained in good repair by the prop- erty owner. Sidewalks along State Highway AIA will require a permit from the state department of transportation and shall be five feet wide. (c) Sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks installed must conform in width with the existing sidewalks, but not to exceed five feet in width. Sec. 110-476. Dedicated public land. Dedicated public streets, walkways, alleys, ac- cessways or easements may be closed or relocated as part of or in conjunction with any private development phase upon an application being made to the city council, after review of and recommendation from the planning and zoning board, and if the application is in the best interest of the city. However, the vacated land shall not be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessway or easement must be submitted no later than 30 days prior to the planning and zoning board meeting at which it is to be considered. (Code 1981, § 641.57) Cross references Parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66. Sec. 110-477. Dedicated public easement. No purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board. (Code 1981, § 641.58) Supp. No. 5 CD110:61 (3) N 10-c. STREETS, S=-%V.�LTL a`:D GTFER PUBLIC PLACES oI underpayment is ultimately coI? ect, the grantee shall bear the cost of such audit. The city shall have the right, upon rea- sonable notice, to inspect a grantee's in- come records, to audit any and all rele- vant records, and to recompute anv amounts determined to be payable under a franchise and this article. in the event that any franchise payment is not received by the city on or before the applicable due date, interest shall be charged from such date at the. statutor_Y rate for jud�g-frents. in the event a franchise is revoked or otherwise terminated prior to its expira- tion date, a grantee shall file with the city, within 90 days of the date of revocation or termination, a verified or, if available, an audited financial state_ilent showing the '.;Toss revenues received by the grantee since the end of the previous year and shall make adjustments a: that time for the franchise fees due up to the date c- revocation or to=iZaticn. Ln tH s section ..::all hm:: t e auth Gni to :a_. a '-�-anteeor t --cllect any fee c- charge pec::i red b_ ar_d no im..iun_-_ f Gm anv suc_i cit - r_on shall attach to a __`-_tee CV t -_ C th;s section. C). d_97, § 1. Secs. 66-2-066-25. Reserved. ARTICLE II. STREETS* D h, -IS I O. 1. GE N E F,'�L.LY Sec. 66-26. Civil liability for damage. itz,v person_ is civilly ';able to the city for -_'-e ac -.;:al damage to a street ;n the cit-: because of his 'Cross references—S-xee.ing !i:t� r into tiers ca:c- .:eC._r__~c an C . _..-..:25, Ch. -. ...lc:i -Ou-es ..n.._�. . 7-.O: 5:. -.._•.odic. - ..^..2n.. -�-�_' _. si .• _hank a:.__:ersec:icr._. Sun-- fie llgent or wron ul act. Costs to repair the damage may be recovered by suit, including rea- sonable attorneys' fees, in the collection of the costs to repair the damage. (Code 1981, § 501.07) Sec. 66-27. Speed bumps. T e use of speed bumps on private or public roadhe or driveways within the cite is hereby expressly prohibited. Every speed bump lawfully permitted at the time of the adoption of this chapter which violates or does not conform to this chapter shall be allowed to remain until such time as they are, in the opinion of the fire chief or his designee, worn out or the pavement or surface of the public or private roadway is being repaved or repaired. Speed humps shall be permitted within the private and public roadways of the city, pro- vided then meet the foLowina recuirements: (1) They must be constructed to a minim_,-: of 12) feet in VrULh from front to back in Q'_rection Gf -,.aI':c, increasing in held provided that it shall not exceed tare he' "_: Its center. .,.) Plans •Gr _ l� e Speed - • e c_ „icL- hump mus,. . u•cm_ _=(, a`d ^Te pproved by t e Ce7Cre allaaon. S1 G:_ Ce erecz_nd pur_su nL Lo the state depar-:hent of tr-a_-:=porta cn _ equirementS. In add;tion, c;_._e___ __. �etiticn the ci-i y co =_ c, _Gr the cons =.c: ion of a speed hump on. a PUCI1C street t.-.-- appl:c nt can Cemcns:r ate t' -a: a deii able hazard will be diminished by its L, stallaticn. - o such request small he considered unless it is accompanied by a petition signed by at least 75 percent of the adjacent residents in th e affected block. -Not .=i herein shall abrogate the right of the city from erecting a speed hump on any city street should the city deern it necessar—; O- _o. 1-i--96. 8 0 96 ) Secs. 66-2-8--60-35. Reserved. -----� :DI \,_ISIO`; 2. _�_EAN ,O` NJE_T Sec. 66-36. Authonty. _ �.e ...-_ ccur_cii. •,;-:.. _ _spec: to p roper -t• under its con:r ci, may in^. ov;n di_=. et:on and oI its 3 66-36_ C -PE C _ % _R -1L CODE /a o,,�r_ motion or upon the request of ar_•Y ge �_nc: of the state, county or of the federal government or upon petition of any person is authorized and empowered to: (1) Vacate, abandon, discontinue and close any existing public street, alleyway, road, highway or other place used for travel or any portion thereof, other than a state, county or federal highway or road, and to renounce and disclaim anv right of the city and the public in and to any land in connection therewith; (2) Renounce and disclaim any right of the city and the public in and to any lard or interest therein acquired by purchase, gift, devise, dedication or prescription for street, allevvay, road or highway pur- poses, other than lands acquired for state, county and federal highvvays; and (3) Renounce and disclaim any right of the city and the public in and to land, ether than land constituting or acquired for a state, county or federal highway, delin- eated on anv recorded ma -c or plat as a street, alle Yvay, road or hi,r,,vay. (Ccde 1981, § 501.07(A`) Sec. 66-37. Petition ;or. action. 1P -e request for abandCrl nlent CI —any Street by a a envy oI the state, cotn—Ly cr, t^2 Urited Mates or cf any person to the c,.':-,7 council to tall -e act -.on shall be in vYTting and Si a-1 be byLe:It4on on a form provided by the cit:. (Code 1931, § 501.06) Sec. 66-38. Petition procedure. (a) The petition for requests for abandonment of cit;: streets shall be filed with the city clerk. The petition is reviewed by the planning and zoning board. The planning a_r_d zoning board shall issue a recomm. endatior_. (b) The planning and zoning beard's reccmmen dation shall be presented to the city council for review. The city council shall review tine recorri- mendatien and a=rove or disacprcve the peti- tiCn. (Ccde 1981, § 501.07) Sec. 66-39. Ordinance required. Before any such street shall be closed and vacated or before any right of interest or the city or public La any land delineated on any recorded map or plat as a street shall be renounced and disclaimed, the city council shall adopt an ordi- nance. The ordinance shall be recorded in the records of the county. (Code 1981, § 501.06) Secs. 66-30-66-60. Reserved. ARTICLE III. EXCAVATIONS* DIV!SIO- 1. L'% Sec. 66-61. Penalty. ar:y person violating this ar-icie shall, upon coP.vlC_on, for each offense be punished as pro- vided in sec^on 1-15. (Code 1581, § 727.14) Sec. 66-62. Liability of c_ ­y. ,, . _ u_ ar:ic_e sr.�1net be ccnstruea w -s --= pcez.- �on or anv ofHc`_�i or e dove. .. liability cr reszonsibility for _L_.. __s to a,T'i`i zer- son inj u_ ed by the performance c. _ excavation �yor_{ iCr ',}.1C an excavation cerrrlit is issued under thiS a,^cle nor shall r :e tit'. Cr _i otTic:al or e ::ploy ee thereof be deemed to have assumed any such liability or r sper_sibiiity because of inspections authorized under the a-icie, the is- suance of any pe_=it or the approval of ariv excavation work. (Code 1981, § 72;.13) Sec. 66-63. Inspections. The ci shall make such :sections as are reasonably necess=., in the en`.rcemer:t of tHis azicle. (Code 1981, § 727.10) 'Gross re-_ra=ces—L .tildes, _.. "-. e ing cc_ _c• _cce aCc. e_, ? ;2-2C-6 et Sec __,.... va-,r 7n'anal - men:. 913-1,6 et ZeQ. JUCo. No.4 CDC -6:6 Thomas A. Vani, President Michael]. LeBlanc, Trersurc- Laura Moffett, Secretary FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. September 29, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Vacating of Sewer Easement at 6799 N. Atlantic Avenue, Cape Canaveral, FL Dear Sir or Madam: DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter We are requesting that the 10 foot sewer easement across the above -referenced property be vacated as it has never been utilized and there are no plans to do so in the future. We would be most appreciative if the City would vacate this sewer easement which is unnecessary and encumbers the property. cerely, , 46UO'It� T. A. Vani TAV:el 400 Hizh Point Drive, Suit:, 5X • Coati, Horica.i • Telephone: 407 636-02C0 0 Fax: 407,636-84C6 Thomas A. Vani, President '.vlichael J. LeBlanc, Treasurer Laura '.vloffett, Secreta-. FOUNDERS Fletcher & Leila Sheriff Bernard & LaVonn Simpkins REAL ESTATE DEVELOPMENT, INC. City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920-0326 DIRECTORS Jill S. Crouch Catherine S. Goshorn Jan S. Jakubcin Denise S. Porter September 29, 1998 RE: Statement Regarding Sewer Easement at 6799 N. Atlantic Ave. Dear Sir or Madam: This letter will serve as our statement that if the City of Cape Canaveral vacates the above -referenced sewer easement, all costs involved, including but not limited to, engineering, advertising, administrative and recording fees will be paid by S & S Real Estate Development, Inc. Sincerely, w Lam: T. A. Vani TAV:el 40C Hit_zh Point Drive. Suite 5�i 0 Cocori, Florid,i 0 Telephone: 40 636-0200 0 Fax: 40-11636-8406 ALBERT J. FRANCIS 319 JACK DRPIE COCOA BEACH, FL 32981 ?$s-4600 September 29, 1998 City of Cape Canaveral Planning and Zoning Dept. 105 Polk Avenue Cape Canaveral, FL 32920 RE: Vacating of Sewer Easement, 6799 N. Atlantic Ave., Cape Canaveral, Florida Sirs: As owners of the above -referenced property and in accordance with the executed Contract for Sale and Purchase under which S & S Real Estate Development, Inc., a Florida Corporation, is the Buyer, the undersigned do hereby designate T. A. Vani, President, S & S Real Estate Development, Inc., as our agent to act on our behalf in all matters concerning the request for City of Cape Canaveral to vacate 10 foot sewer easement (Official Records Book 1189, Page 380) running north to south across property located at 6799 N. Atlantic Avenue (Lot 511. 1, Section 23, Township 24S, Range 37 E., City of Cape Canaveral). �2�� Albert J. Fr Elizat e# A. Francis, his wife State of Florida County of Brevard t� Personally appeared before me this day o z 1998, Albert J. Francis and Elizabeth A. Francis, his wife who provided'�&' as identification and who executed the foregoing document. 781LEEN S. LEPORIN 7'r. of FloridaNo Pub 1c^ ^. E.March 1,1999 '_.. ❑ PROe — October 15,1998 Mr. Ken Grinstead Acting Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Review Comments for Vacation of sewer easement located on the eastern portion of 6799 N. Atlantic Ave. (parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL) SSA Job No. 98107 Dear Ken: Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has received and reviewed the application for vacation of a sewer easement as recorded in Official Records Book 1189, Page 350 of the Public Records of Brevard County, FL located to the west of 6799 N. Atlantic Ave. parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral, FL. Following our site inspection and review with Cape Canaveral Public Works Director, we have the following comment: 1) The locations of existing utility services (water, sewer, etc.) on the site as well as the adjoining property to the north are necessary to finalize the request. This information should be available from the property owners. Upon receipt of this information it appears that SSA can recommend vacation of this easement segment. If you have any further questions regarding this letter, please contact our office. Sincerely, John A. Pekar, PE Vice President, Project Manager cc: Steven E. Bapp TOT LER STAGG & ASSOCIATES 8680 North Atlantic Avenue d: laWraecwcaoel-vacate esmt cane florist doc David Roy Jones, PL Project Reviewer ARCHITECTS • ENGINEERS • PLANNERS, INC. P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407-'93-1320 Fax 407-7 837065 Li�. #AACn00329 'l;B0i0Q762 ;- t`,fHi67C0 Great To Work For ... Greater To Work With" MEMORANDUM TO: Ken Grinstead Acting Building Official FROM: Ed Gardulski i�) Public Works Director RE: Vacation of Sewer Easement Reviewed the easement located at 6799 N. Atlantic Ave, parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral. Did not find any current or future need of this easement by the City of Cape Canaveral. As Public Works Director, I support the vacation of this easement. 0 FPL October 15, 1998 City of Cape Canaveral P.O. Box 326 Cape Canaveral, Fl. 32920-0326 Attn: Steven E. Bapp, Planning & Zoning 270 Pioneer Rd., Merritt Island, FL 32953 Re: Vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave. (Parcel 511.1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral) Dear Mr. Bapp: FPL has no objection to the vacating of the referenced sewer easement as shown on the attached drawing, which was provided to FPL by the City of Cape Canaveral. Sincerely, 4t Dot Fischer Construction Designer Cc: Ken Grinstead, Acting Building Official, City of Cape Canaveral, Fl. Encl: (1) ;,n "?L Grui:p ,:am;iawv H 1 11,4- ivir. i. H. v ani 400 High Point Dr., Suite 500 Cocoa, FL 3292 ty of Cape Canaveral Re: Vacation a sewer easement located on the eastern portion of 6799 N. Atlantic Ave (parcel 511. 1, Section 23, Township 24 South, Range 37 East, City of Cape Canaveral). Dear Mr. Vani, You are scheduled for an appearance before the City of Cape Canaveral Planning and Zoning Board on October 28`x', 1998. The board will review your request for the vacation of the sewer easement on the eastern portion of 6799 N Atlantic Ave, Cape Canaveral, FL. Staff recommends approval of the vacation. Please review the staff comments enclosed with this letter. I have also enclosed the engineering fees associated with this vacation request. Please submit payment for these fees to the City of Cape Canaveral Finance Department prior to final review by the City Council. Sincerel , Steven E. app Planning and Zoning Technician City of Cape Canaveral CF: Ken Grinstead, Acting Building Official, City of Cape Canaveral File 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ Meeting Type: Regular Meeting Date: 11-17-98 AGENDA REPORT AGENDA Heeding Discussion item 11 No. comments and questions you may have. CITY COUNCH, OF THE CITY OF CAPE CANAVERAL SUBJECT: EAR BASED COMPREHENSIVE PLAN AMENDMENTS DEPT./DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council review and comment on the comprehensive plan amendments and set a public hearing date for its final adoption. Summary Explanation & Background: The Local Planning Agency recommended approval of these amendments at their 10-28-98 public hearing. Todd Peetz, our city planner, will be in attendance to brief council on these amendments and to address any comments and questions you may have. Exhibits Attached: Comprehensive plan book City Mana Office Department LPA/GROWTH MGMT. ncil/meetin 1--98/ear.doc Meeting Type: Regular Meeting Date: 11-17-98 AGENDA REPORT AGENDA Heading Discussion Item 12 No. Public Works Director's report CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROGRESS REPORT ON REUSE PROJECTS DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: Mayor Randels has requested that staff update the City Council on the progress of the reuse projects. Summary Explanation & Background: The public works director has provided the attached progress report for your review and will be in attendance to answer any questions and concerns you may have. Exhibits Attached: Public Works Director's report City Manager's Office Department WATER RECLAMATION/PUBLIC WORKS counciil/meeti /1 - 7-98/reuseprogress.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 11, 1998 RE: Reuse Construction Update Attached is a copy of the revised construction schedule received from Dial Communication, Inc. In addition, I prepared a Reclaimed Water Construction Summary as an overview of the construction progress. Basically, the Contractor has utilized 47% of the contract period. Delays were due to mobilization and equipment failure. Only one day was due to weather and one day due to the Space launch. As of this date it is estimated that 23% of the project is completed and the City has paid 22% of the total contract amount. In short, about half (1/2) the contract time has elapsed and only about one fourth (1/4) of the work is complete. CC: Mark Hampton Walter Bandish, File Reclaimed Water Construction Summary DIAL COMMUNICATION. INC. Notice to Proceed Date August 3, 1998 Contract Expiration Date February 22, 1999 Contract Time DAYS Percent Original contract 180 Change Order 1 35 total 215 Time Expired -100 47% Time remaining 115 53% Phase I Construction Estimated Quantity Installed Percent 6 inch pipe 1,750 0 0% Services 27 8 30% Phase II Construction Pipe Installed Estimated Quantity Installed Percent 6 & 8 inch 4,240 4,201 99% 4 inch 8,775 2,551 29% Total 13,015 6,752 52% Services 195 22 11% Phase III Construction Pipe Installed Estimated Quantity Installed Percent 6 inch 5,680 - 0% 4 inch 1,315 - 0% Total 6,995 - Services 185 0 0% Total Phases Estimated Quantity Installed Percent Pipe 41,992 6,752 16% Services 407 30 7% Total 23% Construction Cost Total Amount Invoiced Percent Phase 1 $ 60,775.00 $ - 0% Phase II $ 297,425.00 $118,067.70 40% Phase III $ 200,580.00 $ 2,750.00 1% Total $ 558,780.00 $120,817.70 22% ;! ! ! ! � � a � ! � � a ■ f ! � : � ■ f f � ` f ! ` ! \ § }) ) ! ! JI; ) f 7 J . 4 ! « 2 f § ) § e \ a a Il a nil Meeting Type: Regular Meeting Date: 11-17-98 AGENDA Herding Discussion Item 13 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INSTALLATION OF REUSE SERVICE ON VACANT LOTS DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: Mayor Randels would like to know whether or not the city should provide reuse service to vacant lots. Summary Explanation & Background: Property owners who own vacant lots have approached Mayor Randels to have the city install reuse service. The city's cost to install a 1" service is $250.00 and $350.00 for a 2" service. Please advise. Exhibits Attached: N/A City Manage" Office Department WATER RECLAMATION/PUBLIC WORKS 'g- ea 'mtrlrc—ouncil/meeting/19WI1-17-98/reuse.doc Meeting Type: Regular Meeting Date: 11-17-98 AGENDA Heading Discussion Item 14 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: JETTY PARK, PORT REUSE AGREEMENT DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: Mayor Randels requested that staff update the City Council on the status of this proposed agreement. Summary Explanation & Background: Attached you will find a rough, marked up copy of the proposed agreement. I am waiting for the city attorney's comments. Staff is also seeking any additional feedback you may have. Please advise. Exhibits Attached: Draft reuse agreement/Public works director's memo of 11-10-98 City Manager's Office Department WATER RECLAMATION/PUBLIC WORKS ounciUmeetin 90/1 - 7-98/portreuse.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 10, 1998 RE: Port Authority Reuse Agreement The following are my comments of the attached draft copy of the reuse agreement dated 10/08/98: 1. Section 4.1; add the word 'metered' commercial customers.... 2. Section 5.4; add the following: 'the set pressure value shall be determined by Cape Canaveral's operational needs. The Authority will be given written notice of this value and any changes hereafter. 3. Section 6.1; add the following: Such connection shall be in accordance with all statues...'As well with the terms of the Authority's potable water provider (i.e. City of Cocoa).' 4. Section 10.2; delete this section. CC: file port authority Memo To: Mayor & City Council Members From: Bennett Boucher, City Manager CC: Ed Gardulski, Public Works Dire for Date: 10/16/98 Re: Port reuse agreement The port is about ready to construct the Jetty park project and they have been talking with our public works director about possible terms to supply reuse water to this park area. Attached for your information is a copy of a DRAFT reuse agreement and staff would like city council's concurrence to finalize the terms of this Jetty Park reuse agreement. Copy: Kohn Bennett, City Attorney 9 Page 1 CANAVERAL PORT AiTTHORITY / CITY OF CAPE CANAVERAL TEMPORARY AGREEMENT FOR RECLAIMED WATER R SERVICE THIS AGREEMENT is made and entered into this day of 1998 by and between the Commission of the Canaveral Port Authority and the City commission of the City of Cape Canaveral. RECITALS I. The Canaveral Port Authority, a body corporate and a body �� under the laws of the State of Florida, hereinafter called the "ALTrHORITY' „,, �"in `Tr a reclaimed water service for irrigation within Jetty park, �mediate need of 2. The City of Cape Canaveral, Florida.! d� a munici al co ,. ratis�n ��r the laws of the State of Florida, hereinafter called ``CAPE C l,VE 1� �r# anitary sewerage system which produces reclaimed waterubtlic ac's; ss areas. CAPE APE CANAVERAL has consented to provide rqclahn r . er he AU'I'I3'ORITY under the following terms and conditions of this A -nt ACCORDINGLY, for and in . undertakings and agreemeU,"t,�'A consideration, the receipt an AUTHORITY and CAPE dl�bvc Recitals, the mutual T n ; and other good and valuable i are acknowledged by the parties, the ilpvenant and agree as follows: SECTION 1: RECIT'' ' " ` ,ALS.!:' !lid above' ecitals are true and correct and form a material part of this Agreemeiq. SECTION 2. DEFII i&ION§ The following definitions and references are given for the purpose of interpretin ?? h ;xerms as used in this Agreement. "Cape Canaveral S reclaimed water system. stem" - All facilities related to CAPE CANAVERAL's (Z) "Point of Reuse Connection" - The point where reuse facilities of Cape Canaveral are connected to the reuse facilities of the AUTHORITY. (3) "Reclaimed / Reuse Water" - the wastewater effluent that has been appropriately treated and is usable for reuse purposes in public access areas as defined by appropriate regulatory agencies. (4) "Service" - the readiness and ability on the part of CAPE CANAVERAL to furnish reclaimed water to the Port Area. Thus, the maintenance by Cape Canaveral of adequate pressure at the point of re -use connection shall constitute the rendering of service. 1.lwordproclagreel.doc Page 1 10/08/98 HAI 9 95-073.25 10/08/98 MU 16:37 [TX/RX NO 69801 a002 (5) "Effective Date" - the date upon which the last party of this Agreement executes the Agreement. SECTION 3. PROVISION ALLOCATION AND USE OF RECLAIMED WATER SERVICE Reclaimed water service shall be provided and allocated to the AUTHORITY in the following manner subject to the following terms and conditions: , 3.1 Immediate Capacity Needs. CAPE CANAVERAL AUTHORITY has an immediate need for reclaimed way approximately 60,000 gallons per day (annual average day de>n 3.2 Reclaimed Water Availabilitw. R imposed on CAPE CANAVERAL residents : reclaimed water use in the Port Area, CAPE CAI the residential capacity is established and as CANAVERAL system is maintained rcclairr AUTHORITY in amounts greater thspe interest of the public to limit discharg_9 w, Dwledges that the the amount of use in Jetty Park, r :r restyctions which are plic"' le to purchased N�;ti ackn§` vledges that until integi�y of the' CAPE y,, y be �. provided to the ;raph 3. 1, as it is in the the Banana River. 3.3 FDEP Permits fors. Coifs'rucl'n 0laitned Water System. The AUTHORITY agrees to pro _-y n sta applil ation forms for the construction of a reclaimed water syste e1 All permit fees shall be paid by the AUTHORITY. M t� 5 y� � 1. 3.4 odification o ' CAl 6&NAVERAL Reclaimed Water Service Area. CAPE CANAVERAL agre ' ;, to ' 0C the necessary state application forms for the 11 modification of the CAPE C, A' RAL reclaimed water service area to incorporate the Port Area, All permit and cog. "t service fees will be paid by the AUTHORITY. SECTION 4. 4.1 The AUTHORITY shall pay reclaimed water rates and charges as described herein_ The reclaimed water rate shall'be $0.39 per 1,000 gallon until *h a time as the CAPE CANAVERAL city commission sets I rates and charges fqf reclaimed water service by resqlution. The rate set by ' CAPE CANAVERAL c* commission for the provision o reclaimed water servicqAto the AUTHORITY shall be non-discriminatory and shall of exceed 125% of the Mfe for commercial customers located within the CAPE CANAVERAL city limits. /%_ /; , - C, SECTION S. RECLAIMED WATER FACMI][MS 5.1 Meter Installations. The AUTHORITY shall furnish and install a meter at the point of connection to the CAPE CANAVERAL facilities, which shall be capable of measuring all flow from CAPE CANAVERAL facilities to the AUTHORITY's facilities. I:\wordproc\agreel.doc Page 2 10/08/98 HAI # 95-073.25 10/08/98 THU 16:37 [TX/RX NO 69801 U003 The meter shall become the property of CAPE CANAVERAL, nt of CANAVERAL shall be responsible for the operation, maintenance and septa eme the meter. The AUTHORITY shall pay required maintenance and replacement costs on the meter installation. CAPE CANAVERAL and A type of meter installation. The A UT the rig shall agree as to the UTHORITY shall have the right to meter and the right of access thereto for biIIing, read and test the testing, and inspection purposes, rights to be reasonably exercised at times, all such CANAVERAL reasonably convenient to CAPE 5.3.1 Meter Accuracy The metering e standard make and type, installed at a readily ac Le'lo anon and c ° f record flow accurately within industry I If the meterhall determined to have operated in error, is the b' period in which the error occurred. In talc atinglsu�k °illiustn as the time it will be assumed that the meter inaccur' ex;gted �r one-half o tie entire time interval between met erK uracgt�o eaks by, tither R 7V billing adjustment shall be made at ' "d''sam p'� P3'- The - g J ,h e� establiQcd in accordance with this agreement, but the volume'�y�3�� be adjusted „!d the billing;calculations shall J as described h4ll �a: ► 5.4 Pressure Sust m n v i a`Lg VajveE<• �q pzs f valve shall be installed b ,the AUTHORITY for the ''°;t y purpos of otec % system- The pressure s �'"" P; ,.rg th„ ? e ty°of the CAPE CANAVERAL CANAVERAL and CAPE ': CA' 8 '.; ,,� sh become the property of CAPE � sh'adl be responsible for the operation, mairxtenance and reP Iacemea ; of Ip�tlir✓� essure; °�susi`aining valve. The AUTHORITY shall r. pay required maintenance aA:replac.em:tnt costs°on the pressure sustaining valve. SECTION 6. PROVISION.F SERVICE U, [,i, Artic­,_ 6.1 Connection to .::CANAV$ ; �� RAL Reclaimed Water System. Upon the continued accomplishment oai�i" the prerequisites contained in this Agreement to be performed by the AUTHORITY, CAPE CANAVERAL covenants and agrees that it will allow the connection of the reclaimed water transmission facilities installed by the AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL, in accordance with the terms and conditions of this Agreement. Such connection shall be in accordance with all statutes, rules and regulations of CAPE CANAVERAL,, the AUTHORITY as well as State and Federal Governments. CAPE CANAVERAL agrees that once it provides reclaimed water capacity to the AUTHORITY, thereafter CAPE r CANAVERAL will provide said service in a manner to conform with all re �• all governmental agencies havingquiremertts of CANAVERAL. Said service shall beprovided lat CAPE utility operon costtiand APE expense. In return, the AUTHORITY will pay for reclaimed water as set forth in Section 4. The AUTHORITY acknowledges that CAPE CANAVERAL may at any time discontinue service to the AUTHORITY in order to protect the int CANAVERAL system. egrity of the CAPE I:\wordproc\agree I .doc HAI # 95-073.25 Page 3 10/08/98 10/08/98 THU 16:37 [TX/RX NO 69801 10004 SECTION 7. DISCLAIMERS; LIIvIITA O SON LI IL 7.1 Force eure. 'No party shall be liable responsible to the o of the failure or inability of that party to take any action it is re Cher by reason with the ,r<Qumcnts imposed hereby w required to take or to co result of a force majeure. The term Y hen such failure or inability is caused b comply of God; strikes, lock -outs, or other industrial dilsturbanee; acts of Y or is the 1 is herein shall mean acts blockades, riots, acts of armed forces, militia, or public authority;public enemies w of or damage to machin Plandslides, epidemics; breakdown floods or washouts, arrests, title disputes, oil otherlli trgation eaorvth u any nature whether federal, state, coupmunicipali , 'fires, storms disturbances; explosions, failure or inability t a nc° ' g ;r; ,..�a ntal restraints of cesse or milia; civil or permits or governmental approvals whether resulting j; r t "Ods, supplies, labor future rules, re Pant to existing or municipal or otherwise, civil or military, ws oproclamations ether fed al, state or by anY�t othe '4aus ' F-" COantY, same kind as enumerated herein,by wli ther or not of the the exercise of due diligence that party is unable to o eraCher F) rty and Bch by 7.2 Ind___cmnity. The AUTHI respective agents and employees, fr( damages, expenses, fees' fines' pen, ,attorneys' fees, for injury (including rights that may arise from or, '" its agents, employees, serval 1 ecen the control or direction of i�iefAUT CANAVERAL'S system. CAPE i aforesaid from all liabilit Yl.;'clai.ms�, growing out of or connecte 1. Via# CAPE CANAVERAL or anyF;,covena this Agreement concerning,; r IndemniEcation shall be ted to Statutes (1995). "iy13'`iAPE CANAVERAL and its tlhesk sins � � tY. demands d� 4 p,, oclaims, Iiactions and fees, including � , P a amage to Property '— . Aofa' Vis, errazs, ortomissions of the or property segs? 'r' UTHORITY, Vitees,",or t contracors or b =I'O '� ; •i Y any person under •`"Or''�Y the AUTHORITY's use of C 'NAVEkL shall indem APE reify the ACITHORITX as ad' all other items above mentioned, arising or Y default, breach, violation or nonperformance by ret, condition, agreement or provision contained in the extent y Part oCAPE CANAVERAL's system. permitted in Section 768.28, Florida 7-3 Disclaimer of Th- I Party o benefit of ��uChciaries. This Agreement is solely for the and soil be binding upon the formal authorized successors and assigns Parties hereto and their respective and no right or cause of action shall accrue upon by reason hereof, to or for the benefit of any third authorized successor or assi Party not a party to this Agreement or an ghee thereof. SECTION 8. RECORpATION. The Of this Agreement and Exhibits attached parties hereto agree that an executed copy Brevard County, Florida at the ex ense of theAt° shall be recorded in the Public Records of P UTHORITY, IAwordproclagree l .doc HAI # 95-073.25 Page 4 10/08/98 10/08/98 THU 16:37 (TX/RX NO 69801 16005 SECTION 9. DEFAULT 9.1 Default. No party to this Agreement, in the event or act of default by the other shall have all remedies available to it under the laws of the State of Florida including . but not limited to injunction to prevent default or specific performance to enforce this Agreement, subject to state law. The rights of the parties shall be considered cumulative and shall not be waived now or in the future by the exercise of any rights and remedies provided under the terms of this Agreement and authorized by law. SECTION 10. TERM OF AGREEMENT 10.1 Term. This Agreement shall continue in full 2 years - 10.2 Interlo6 ears_ 10.2Interloca] Coordination. CAPE CAN to designate two (2) "staff representatives to f Commencing with the eff, tive date of this Agri i shall schedule meetings qtly. The Joint regarding daily operations, sho erm ng orderly and responsible provision a w specifically agreed and undersi'ood bb �1 committee shall make reccfmmeudat'oto ` "Co' Commission of the City of;� P?E �} entitled to e W� " �\ gr at -weight in Kd�IrberatiottS,Sci�'�e rt ---_.water service. , I:\wordproc\agree1.doe page 5 HAI # 95-073.25 for a period of :snc�hipe Fpp, 1 riVKI 1 7 agree Ad .`? ory Committee. oint Advisory Committee ttee wiAlldvise the patties " ng and coordination of the ; within the Port Area. It is arties hereto, that the said i bf the AUTHORITY, and the ch recommendations shall be bodies relative to reclaimed 10/08/98 10/08/98 THU 16:37 (TX/RX NO 6980) 0 006 Meeting Type: Regular Meeting Date: 11-17-98 AGENDA REPORT AGENDA Hing Discussion item 15 No. group. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: HOLMAN ROAD DEPT./DIVISION: LEGISLATIVE Requested Action: Mayor Randels requested that staff update the City Council on this issue. Summary Explanation & Background: There currently exists a 20' N/S right-of-way that is unpaved. Brevard County wanted to deed this right-of-way to the city. The City Council is in support of the homeowners taldng ownership of the roadway. The deed (attached) is tided in the name of Brevard County and the county can deed this property to the homeowners group. Exhibits Attached: Deed/location map/council minutes City Manly Office , Department LEGISLATIVE ouncil/mee'-17-98/holman.doc 09/05/98 THU 10:95 RAX 0000000000 _ _, sassassssmsa SEGS 1GG Pt�Ec�Jti 2007 .girt• PEE06-C AIM10rr) 'A13 IndcMure, M,rderbr .� .t.r,.o" Si. V- CiiANL'UR and Gr -Atm d.yaf C;iA1. 1.Z-1:, it bt nd an ej rhe Cou,ny o/ :'M. Va3.Ld i» rhr Srmre of J l.�r•aa.d �Nr1 ieS o/.Ilia firrl pori,.and cd'J1r^" :Y Zi _.rAr,D ;r tic a:ato of ?�or_cia, 1r "'31" ; •ore OOiee .ddrerr it T1 :u uv i l I a of the Cauntyof rei-.rd is rb[5ralrOj a`1Gr_el I parr Y of the reeaud parr, }YITNESSETAr that rhe rrid pert i^r; of tier frrlr port, far and in ron. lidrr.rion of rhe Iam of Tea Dollar, .nd er6er voluoble r "' I,rationt, to in brad poid by 'he Juid p.rt y of the rrrond parr, the rreriPr whereof it bank► arJ6rrowledaed• i -= 7e "r .dried and Told to rhr rrid r! grr„rtd, ri �+ , of the iteo,A. Aert, s :U,ei:t, ,rrirrrlJrrrr nrrrl,rlJranr Stater, rhr wind d�Jlriberl (end, J11Lote, iyiur wn.. orint iu the r"mmly of �. o,r•o..- Sr.re o f Florida,ridRro war: �. - � . 1 That portion O: CcvarJ.'acnt ! Lot 1, :JC-^.Li0:1::)':_t�. 24 South, Raxt;e raoro riO::,rltci as :olloala, to-telt:i c�•ir. In :-he +/azt '1 -:Ent o: Lot 22 or=Ai.A'.: i.I'•i�; L31i;,^;;� U`3D-7VIS10ii, :W per.;pl3t: t[tcrcnc rc:.1co:•ec) ilr r1at Tool: Td pcCe 1, Or thcL PnZtilic Records of 5rcvarl .;ow:tom , Florida, , at a Paint IGO Scot:°'north of the Lout-: lire or cuZd . .►"' Co•;ei;-caerlt.I.Ot 1; �tiienee :or a :±:, courae run the beet ine ,)i3 line O: t,p.d %Atz •22, 2„ 211, ?J, V5, 2'i, a:Jil :i1Q ':0:►t 27 c�_tcnded :to2'th :o the nor :-ii 1-in.e of :tol'J�t7 AvcnuT; ti:>rr.co 1'or a :ccor.rd courts iZrn • ::c� . r.'G feet; t^ic•cc foratr.<_:,; source South parallc3 tv :ire •:cur-' c and 20 -CCW d_::'- ` ,:enc rro�t- titc.•r J"rG_., ��:► .uC rack: `rise a^ laps, to a .point opovc_tc tho PO�rrt ct' be -_nnlri - hence fo:- a ro,;rtii courzc 20 tccL' to the noir: of oc--=nnir•-i. oa nc oc:ny c : t: ip of 2a...i a^ d'art iiiaa lyinu l:xmazazel=l ,.•cut Cr titC above doccr_,*CJ lotC of' Z•-r'-rna river 'rt::Let Sued=vicior� asci s:ctc :c?':n; "--0::1 the north 11nc ot`rHoi:.a:: p. rc ,l _ =ou Cit to a ra,_n t QUO ' ee t north Of tr_c count 1•:.•ra o; Covcr-J:,:ant Lrc 3. T ne !cove canveyaneC+=.,. _�Llc to `.'"t:• Grsr,tcC Corri;rnt or tray nurpoco*; ant wZo Cn-Jzt;r try tic a Of this deed doac not;oel.:r_;Cte ccep.cnce itte3l ir3 . .:r• :.;3yrc: n construct, rc. r_or-::�vu,0t or MM:L!za_road a roas., .+;n aro ❑=toss said laid. - fAre/rbc raid dart 'he firrl p.rl do hereby fully it,"evnr )be li le ro raid 1a,rd, and lui/l de- rn6 IJlC JCMf /aoin.rr the /rrwJrrl rlc,.rr of ..11 perroru urborntaerer. tw tiro.. 1yrhartta/r /lie raid /A,rI iC of .tie firs! pori AWC hereunto err 7eir bond: DrJrvered in perremer of Ur: and real: /be a'sJ end 3•ror frrJr .Love u•r:iren. 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E 300' 0 c- 500' Of Loy t4 •i' �0 131C/IN2 EX. MWT. Fl/w zoo, - X Zl 22.01 541/912, M'W O ' _ _ 341/912 22 5A1/912.Mwy.(I.S! AC1 i �� ,•� ?LO) T`.:.�; TQFT 5 - 5!101 EX 540/40y 1743I709. S71a/7S9 i I �iw i t3SAcT COSTA OM 30L COSTA GEL 3 L :CS -,A DEL SOL 1 1 1:01" .M V11 CONDO pH VI Co(eaD 2 v .6 osr4 0EL IT �o--i7.as , a9 uHrrs) S coNoo 03TA DEL 304 " 9 iC 1 ] 2 1s�% )'M SY COf�O COSTA OR4 SOL Q . = ! .. SHEET 1 OF 1 03/05/QR 11 . in •_-- 2009 City Council Regular Meeting Minutes April 21, 1998 Page 4 PUBLIC HEARINGS ORDINANCES — FIRST READING 8. (Tape 1, 2902) Mayor Pro Tem Petsos read Ordinance No. 16-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHPATER 110, DIVISION 8, SWIMMING POOLS, SECTION 110-581 CONSTRUCTION AND LOCATION, SECTION 110-582 ENCLOSURE, AND SECTION 110-584 MINIMUM SETBACKS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Ordinance No. 16-98 for second reading. Mr. Boucher explained that Planning & Zoning recommended approval at their March 11, 1998 meeting. There was no public comment. The motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: �. 11. (Tape 1, 3098) Holman Road Extension Transfer from Brevard County to the City. City Manager, Bennett Boucher reiterated that the County Commission wants to deed transfer Holman Road to the City. Earl McMillin, homeowner on Holman Road, appeared before Council. He reported that although most homeowners are in favor of taking the road, it is not unanimous. He requested authorization by council to pursue options for the homeowners. Council concurred to support the homeowners taking ownership of the road. Mr. Hernandez left at this time. 8:27 p.m. 9. (Tape 1, 3441 -Tape 2) Amending Section 34-97, Dumpster Enclosures Council concurred to adopt USA Waste's standards for 3 -sided dumpster screen enclosures. Leo Nicholas, resident, expressed concern with USA Waste's cost for drivers to get out of the trucks and open the gates. 10. (Tape 2, 396) Commerce Street Ms. Salamone opined that the city should do a special assessment and take ownership of the street. Mr. Donald Haynes, property owner adjacent to the street and Mr. Art Berger, also a property owner adjacent to the street, were present. Mr. Berger stated that the special assessment issue is not the same as for public road \\C APE-NT\cityc l erk\CityClk\M W=S\REGULAR\ 1998\0421-9 8. doc City Council Regular Meeting Minutes j May 19, 1998 Page 5 Council Member — Burt Bruns No report. Council Member — Tony Hernandez • Mr. Hernandez reported that he joined John Porter's volunteer group planting mangroves along Highway 520. • Mr. Hernandez stated that while biking along North Atlantic Avenue he noticed a convenience store with signs covering the windows and queried if it is allowed by our current ordinances. He opined that an ordinance should be passed to disallow the signage if Florida Statutes are insufficient. Mr. Bruns suggested that staff speak to the manager because they may be unknowingly violating their own policies. Mayor Pro Tem — Buzz Petsos • Mr. Petsos related that the Space Coast League of Cities has brought up the subject of Sister City relationships. He queried if we still have Sister Cities and with whom. The city has four Sister Cities located in Italy, Greece, Portugal and Switzerland. • Mr. Petsos stated that the referendum issue of candidate qualifying for open seats created by resigning to run for the next election should be prepared for consideration on the next agenda. • Mr. Petsos expressed disappointment that the city has received a letter from the Canaveral Port Authority opining that there is no need for a joint meeting of the Council and Port Commission. • Mr. Petsos reported that the Canaveral Port Authority does want to join the city efforts to install sand fencing on the beach. • Mr. Petsos reported that the next beach sand renourishment project is scheduled for 1999. • Mr. Petsos stated that the Patriots Park volunteer project should be scheduled as soon as possible. Mayor — Rocky Randels • Mayor Randels reported that he has met with Earl McMillin, p Millin, a resident on Holman Road, , regarding the property owners taking ownership of the road from the county. He related that the county has informed Mr. McMillin that the county could not deed the road the residents because it is owned by the city. City Attorney, Kohn Bennett, stated that the must have a deed before it can quit claim the street. • Mayor Randels reported that a new Destroyer, the USS Porter has been commissioned and may select the Canaveral Port as its sister portwith Norfolk, Virginia. If so, they will do volunteer work for the city annually. • Mayor Randels reported on his trip with General Starbuck to Vanderberg Air Force Base in California. He related that they are a counterpart for space launches. He also reported that the air National Guard might reside at Patrick Air Force Base. G:',.CitvC lk\Iv1INUTESaEGULAR11998\05-19-98.doc City Council Regular Meeting Minutes ) April 21, 1998 Page 4 PUBLIC HEARINGS ORDINANCES — FIRST READING 8. (Tape 1, 2902) Mayor Pro Tem Petsos read Ordinance No. 16-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHPATER 110, DIVISION 8, SWMMING POOLS, SECTION 110-581 CONSTRUCTION AND LOCATION, SECTION 110-582 ENCLOSURE, AND SECTION 110-584 MINIMUM SETBACKS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Ordinance No. 16-98 for second reading. Mr. Boucher explained that Planning & Zoning recommended approval at their March 11, 1998 meeting. There was no public comment. The motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 11. (Tape 1, 3098) Holman Road Extension Transfer from Brevard County to the City. City Manager, Bennett Boucher reiterated that the County Commission wants to deed transfer Holman Road to the City. Earl McMillin, homeowner on Holman Road, appeared before Council. He reported that although most homeowners are in favor of taking the road, it is not unanimous. He requested authorization by council to pursue options for the homeowners. Council concurred to support the homeowners taking ownership of the road. Mr. Hernandez left at this time. 8:27 p.m. 9. (Tape 1, 3441 -Tape 2) Amending Section 34-97, Dumpster Enclosures Council concurred to adopt USA Waste's standards for 3 -sided dumpster screen enclosures. Leo Nicholas, resident, expressed concern with USA Waste's cost for drivers to get out of the trucks and open the gates. 10. (Tape 2,396) Commerce Street Ms. Salamone opined that the city should do a special assessment and take ownership of the street. Mr. Donald Haynes, property owner adjacent to the street and Mr. Art Berger, also a property owner adjacent to the street, were present. Mr. Berger stated that the special assessment issue is not the same as for public road \\CAPE-NT\citycJerk\CityClk\MrNUTES\REGULAR\ 1998\0421-98. doc --------- --- City Council Regular Meeting Minutes May 19, 1998 Page 5 Council Member — Burt Bruns No report. Council Member — Tony Hernandez • Mr. Hernandez reported that he joined John Porter's volunteer group planting mangroves along Highway 520. • Mr. Hernandez stated that while biking along North Atlantic Avenue he noticed a convenience store with signs covering the windows and queried if it is allowed by our current ordinances. He opined that an ordinance should be passed to disallow the signage if Florida Statutes are insufficient. Mr. Bruns suggested that staff speak to the manager because they may be unknowingly violating their own policies. Mayor Pro Tem — Buzz Petsos • Mr. Petsos related that the Space Coast League of Cities has brought up the subject of Sister City relationships. He queried if we still have Sister Cities and with whom. The city has four Sister Cities located in Italy, Greece, Portugal and Switzerland. • Mr. Petsos stated that the referendum issue of candidate qualifying for open seats created by resigning to run for the next election should be prepared for consideration on the next agenda. • Mr. Petsos expressed disappointment that the city has received a letter from the Canaveral Port Authority opining that there is no need for a joint meeting of the Council and Port Commission. • Mr. Petsos reported that the Canaveral Port Authority does want to join the city efforts to install sand fencing on the beach. • Mr. Petsos reported that the next beach sand renourishment project is scheduled for 1999. • Mr. Petsos stated that the Patriots Park volunteer project should be scheduled as soon as possible. Mayor — Rocky Randels • Mayor Randels reported that he has met with Earl Mc y p Millin a resident on Holman Road, .� regarding the property owners taking ownership of the road from the county. He related that the county has informed Mr. McMillin that the county could not deed the road the residents because it is owned by the city. City Attorney, Kohn Bennett, stated that the must have a deed before it can quit claim the street. • Mayor Randels reported that a new Destroyer, the USS Porter has been commissioned and may select the Canaveral Port as its sister port with Norfolk, Virginia. If so, they will do volunteer work for the city annually. • Mayor Randels reported on his trip with General Starbuck to Vanderberg Air Force Base in California. He related that they are a counterpart for space launches. He also reported that the air National Guard might reside at Patrick Air Force Base. G:',CityC Ik\N11NUTES\REGULAR\1998\05-19-98.doc