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HomeMy WebLinkAboutAgenda Packet 08-04-1998CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATION: CONSIDERATIONS: City of Cape Canaveral UNCIL REGULAR MEETING CITY HALL ANNEX Lvenue, Cape Canaveral, Florida TUESDAY August 4, 1998 7:00 P.M. AGENDA 1. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers ORDINANCE — FIRST READING: 2. Motion to Approve: Ordinance No. 24-98, Vacating An Alleyway AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING THAT CERTAIN ALLEY LYING EAST OF RIDGEWOOD AVENUE BETWEEN PIERCE AVENUE AND BUCHANAN AVENUE; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 3. Proposed Sign Ordinance 4. Joint Meeting with the Canaveral Port Authority REPORTS: 5. City Manager's Report �\cape-nt\cityclerk\cirycWagendakeguler\ t 998\08-04-98. doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 pity Council Regular Meeting Agenda August 4, 1998 Page 2 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 arty of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. \\Cape-nt\cityclerk\CityClk\AGENDA\REGULAR\ 1998\08-0498. doc City of Cape Canaveral MEM VRANDUM DATE: JULY 29, 1998 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS CITY TREASURER ((�& SUBJECT: QUARTERLY BUDGET REPORT & TRANSFERS FOR PERIOD ENDING 6/30/98 We are now entering our fourth and final quarter of the fiscal year 1997-98. Patriot's Park has been completed. Work on Oak Lane is proceeding on schedule. Sidewalks continue to stretch along the streets of our city. We have added voice mail to our phone system to help improve our availability to the public. Reuse water is becoming an asset to many of our residents. Our recently hosted Chamber of Commerce Wednesday Friends Day, was a success. Revenue collection is within expectations, at 85% of budget estimates. Attached for your consideration is a list of suggested budget amendments for the quarter ended 6/30/98. These adjustments are proffered to fund current projects, many already approved by Council. Only those items representing a significant change in fiscal policy have been offered for adjustment. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (4071 868-1200 • FAX 1407) 799-3170 GENERAL FUND Revenues: Budgeted revenues have been increased a total of $42,400 for the following accounts: $25,000 and $5,000 have been added to FPL Utility Tax and Fines & Forfeitures respectively, due to increased receipts. $5,500 was received from our insurance provider covering damage from lightning during the FY 96/97. $6,900 has been received from the sale of Police vehicles no longer in use. Expenditures: Legislative: During the FY 1995/96, a pledge of $6,000 was made by Council to help fund the Cocoa Beach High School IB program. This was to be paid in equal amounts of $2,000 per year for three years. The first payment was made at the time of the agreement, but no additional payments have been made until this quarter. In order to satisfy this agreement, $4,000 was paid, bringing us up to date and completing the agreement. Planning & Zoning: An additional $9,900 is needed to cover the actual cost of the EAR Based Comprehensive Plan amendments. Street Department: $7,000 is requested to make needed repairs to West Central Boulevard. Non -Departmental: An account with a budgeted $12,000 was created to cover the costs of the Beach Sand Fencing & Vegetation project and Transfers to Capital Improvement was increased by $4,300. (See Capital Improvement). Contingency: Contingency was increased by $2,944, the excess of revenues over increased expenditures. CAPITAL IMPROVEMENT FUND An additional $4,300 is requested to fund the continuing sidewalk installation. CAPITAL EXPANSION $3,555 has been budgeted to fund the computerization of the Planning & Zoning activities of the city. $2,800 is requested to install e-mail in City Hall. An additional $3,000 was needed to complete work on Patriot's Park. These increased expenditures were funded by contingency. SEWER FUND Revenue: Payment for lightening damage, $11,625, incurred in FY 96/97 has been received. Expenditures: Final projects/purchases for the Wastewater Treatment Plant will require an additional $14,262. Following is a brief description: Replacement of the plant ice machine $ 2,262 Lightening repairs/replacement 12,000 The balance of funding for the above projects, $3,637, will be taken from contingency. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED JUNE 30, 1998 LINE ITEM 3/31/98 BUDGET 6/30/98 NUMBER ACCOUNT NAME BLANCE AMENDMENTS BALANCE GENERALFUND GENERAL FUND REVENUE )01-314.1000 FPL UTILITY TAX 510,000 25,000 535,000 )01-351.1000 FINES & FORFEITURES 75,000 5,000 80,000 )01-369.3000 REFUND OF PRIOR YEAR EXPENDITURES 2,500 5,500 8,000 )01-364.4900 SALE OF FIXED ASSETS 9,240 6,900 16,140 AMENDED GENERAL FUND REVENUE 42,400 LEGISLATIVE )01-1-511.4800 PROMOTIONAL ACTIVITIES 2,640 4,000 6,640 AMENDED LEGISLATIVE EXPENDITURES 4,000 PLANNING & ZONING )01-3-515.3100 PLANNING SERVICES 11,000 9,900 20,900 AMENDED PLANNING & ZONING EXPENDITURES 9,900 STREET DEPARTMENT )01-7-541.5300 STREET REPAIRS 14,340 7,000 21,340 AMENDED STREET DEPT. EXPENDITURES 7,000 NON -DEPARTMENTAL )01-17-901.5210 BEACH SAND FENCING & VEG.PROJECT 0 12,000 12,000 X01-17-901.9110 TRANSFER TO CAPITAL IMPROVEMENT 115,400 6,556 121,956 D01-17-901.9900 CONTINGENCY 38,818 2,944 41,762 AMENDED NON -DEPT. EXPENDITURES 21,500 AMENDED GENERAL FUND REVENUE 42,400 AMENDED GENERAL FUND EXPENDITURES 42,400 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED JUNE 30,1998 LINE ITEM 3/31198 BUDGET 6/30/98 NUMBER ACCOUNT NAME GLANCE AMENDMENTS BALANCE CAPITAL IMPROVEMENT FUND REVENUE 301-380.5000 TRANSFER FROM GENERAL FUND 115,400 6,556 EXPENDITURES 301-25-541.6460 CAPITAL EQUIPMENT -STREET DEPT, 50,400 AMENDED CAPITAL IMPROV. EXPENDITURES CAPITAL EXPPANSION FUND 4,300 4,300 121,956 54,700 SEWER FUND REVENUE 401-369.3000 REFUND OF PRIOR YEAR EXPENSE 1,000 10,625 11,625 AMENDED SEWER FUND REVENUE 10,625 EXPENDITURES 401-10-535.6400 CAPITAL EQUIPMENT 53,700 14,262 67,962 401-19-901.9900 CONTINGENCY 73,878 (3,637) 70,241 AMENDED SEWER FUND EXPENDITURES 10,625 EXPENDITURES 302-26-519.6000 CAPITAL EXPANSION - GENERAL GOVT. - 5,650 5,650 302-26-519.9900 CONTINGENCY - GENERAL GOVT. 14,300 (5,650) 8,650 302-26-572.6000 CAPITAL EXPANSION - PARKS & REC. 10,000 3,000 13,000 302-26-572.9900 CONTINGENCY - PARKS & REC. 8,400 (3,000) 5,400 AMENDED SEWER FUND EXPENDITURES - SEWER FUND REVENUE 401-369.3000 REFUND OF PRIOR YEAR EXPENSE 1,000 10,625 11,625 AMENDED SEWER FUND REVENUE 10,625 EXPENDITURES 401-10-535.6400 CAPITAL EQUIPMENT 53,700 14,262 67,962 401-19-901.9900 CONTINGENCY 73,878 (3,637) 70,241 AMENDED SEWER FUND EXPENDITURES 10,625 Meeting Type: Regular Meeting Date: 08-04-98 AGENDA He"ing Ordinances -1` Reading Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 24-98, VACATING AN ALLEY LYING EAST OF RIDGEWOOD AVENUE BETWEEN PIERCE AND BUCHANAN AVENUES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider the request of Mr. James A. Devlin to vacate the alley that runs north/south through his property. Summary Explanation & Background: The Planning & Zoning Board reviewed and approved this request at their 06-10-98 meeting. I recommend approval. Exhibits Attached: Ordinance No. 24-98; Staff Report City Mange�' Office Department P&Z/GROWTH MANAGEMENT y:/sdmi /meeting 99 8.doc ORDINANCE NO. 24-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING THAT CERTAIN ALLEY LYING EAST OF RIDGEWOOD AVENUE BETWEEN PIERCE AVENUE AND BUCHANAN AVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; 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 alley located east of Ridgewood Avenue between Pierce Avenue and Buchanan Avenue; and WHEREAS, the Council has determined that all owners of the abutting property have joined in the request for this vacation; and WHEREAS, no public utilities are presently located within 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, as follows: SECTION 1. That alley between Pierce Avenue and Buchanan Avenue lying east of Ridgewood Avenue, more particularly described as follows: That certain 12 foot wide alley lying within Block 64 of AVON -BY -THE -SEA, according to the plat thereof recorded in Plat Book 3 at Page 7 of the Public Records of Brevard County, Florida 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. This vacation shall be in favor of James A. Devlin as the only contiguous property owner. 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 the Ordinance is for any reason held invalid or City of Cape Canaveral, Florida Ordinance No. 24-98 Page 2 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 take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 1998. Rocky Randels, MAYOR ATTEST: Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez APPROVED AS TO FORM: Buzz Petsos Rocky Randels Joy Salamone FOR AGAINST Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: First Reading: Second Reading: \\CAPE-Nncityclerk\CityClk\Ordinances\Vacating Alley between Pierce & Buchanan. doc August 4, 1998 July 25, 1998 June 11, 1998 City of Cape Canaveral MEMORANDUM To- Sandra O. Sims, City Clerk q From: Steven E. Bapp, Planning and Zoning Techniciar>��1P p -- Re: Vacation of Alleyway, Block 64, Avon -by -the -Sea Subdivision, City of Cape Canaveral. The Planning and Zoning Board recommended approval (June 10th, 1998) of the vacation of that certain 12 foot wide alley lying within Block 64 of AVON -BY -THE -SEA, according to the plat thereof recorded in Plat Book 3 at Page 7 of the Public records of Brevard County, Florida. Section 66-36, City of Cape Canaveral Code of Ordinances requires your office to complete the following: 1. Place item on City Council agenda to adopt an Ordinance (see enclosure) for vacating public land. 2. Notify petitioner and all adjacent property owners of City Council meeting at which I' reading of the Ordinance is scheduled. 3. Publish enclosed Ordinance in newspaper at least 10 days prior to 2nd and final reading of the Ordinance. 4. Record Quit -Claim Deed and Ordinance with Brevard county. 5. Mail certified copy of Ordinance and Quit -Claim Deed to petitioner. Please contact me if you have any questions regarding this matter. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX 1407) 799-3170 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of enacting Ordinance No. 24-98 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, August 4, 1998. The ordinance in its entirety may be inspected at the Office of the City Clerk during regular working hours (8:30 a.m. to 5:00 p.m., Monday - Friday). Ordinance No. 24-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING AND ABANDONING THAT CERTAIN ALLEY LYING EAST OF RIDGEWOOD AVENUE BETWEEN PIERCE AVENUE AND BUCHANAN AVENUE; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 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 teshmoiry 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. 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N W W C N 4E. ? ON W W W N d W N -4 ti0 rorr� -rzrr 0 000�oWoo z zzzxz�zz W W W .pP 44- ? l�-- A 00 _W rrr rrrrrr rid w �v �ro nen n���nn 000 0°0000 zzz zzzzzz CSC CECEC� Q O C coo�a Q O O v xxmPoo a omzzz 0n� gatQsgg�o ��•• W A 1�- Op0 �-.+ N � ►- r+ W O M02rn2200 9� � zCzzo w a O O a�z W W W W O A N v ldn O rid w �v �ro C7 C7 C rnn rnn N 0 w w V V bb 00 ffifl, w aa[ mem trf C7 C7 C nonnnnnonn 10 t� �O v (1) 944 rn� rn rn o o rn rn rn rn rn m m m 00 rn rn rn ra a aaaaa��a �yo0 na�> �1z�Zx� zc�zz� zozz ..z�Z rz�Z�Zz r� r�nr�x rCnrnt�r� rr�r�n rn�r�t�t� � xx ��t�r ° AFF rPilprppp P www w w w w w w w w w w w w WWW N N N N NN N i1 N N N N N N N N N N N N 110 Oo �O �O �O �O �O V �t 110 N d N N A N W N N '-+ N N ( N OO N N N O 00 W W CA IA N N N N J A C O r-+ *% 0 Oc O o W O O o C O O W %O N N N N O O O Q C ., CGC< -0 O O O N O O O R r�rOTI-+rr w w w w �c � JNIlV T, 1770 To: Planning and Zoning Board ity of Cape Canaveral AFF REPORT From: Steven E. Bapp, Planning and Zoning Technician ` Re: Vacation of Alleyway, Block 64,Section 23, Township 24S, Range 37 E, James Devlin, Applicant. The applicant wishes for the City of Cape Canaveral to vacate a 12 foot alley located in Block 64, Section 23, Township 24 south, Range 37 east, Avon -by -the -Sea subdivision, City of Cape Canaveral. The applicant has provided all necessary documentation (see enclosed material) for this action. The property is currently undeveloped. Staff has reviewed and recommends approval of this application. Cc: Whitey Moran, CBO File 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868.1200 • FAX (407) 799.3170 TELEPHONE (407) 267-5504 JOHN H. EVANS, P. A. ATTORNEY AT LAW 1702 SOUTH WASHINGTON AVENUE TITUSVILLE. FLORIDA 32780 April. 14, 1998 Mr. Whitey Moran Building Official City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Re: Devlin/Vacation of Right -of -Way Our File No: JHE-6462 Dear Mr. Moran: TELECOPIER (407) 267-0418 He This letter is to advise that I represent is requesting that the James A. Devlin. City of Cape Canaveral vacate that certain 12 foot easement located east of Ridgewood Avenue and between Pierce and Buchanan Avenues. Your review. I have enclosed a survey for including, but to agrees to pay for all costs involved administrative and recordingtfees. to engineering,' advertising, Enclosed are the following: 1• Statement from Mr. Devlin authorizing me to represent him in this matter. 2. Boundary survey of the proposed vacated property and all contiguous property. 3. Legal description for the proposed vacated property. Y 4. My client is not aware of any utilities being located in the right of way. rights. was MY client owns all property on both sides of the y there are no notarized statements from contiguous property owners. run I' N�� 9111SUAVYIng a 4awng -1111 Of BREVARO, INC. LEGAL DESCRIPTION OF ALLEY TO BE VACATED: That certain 12 foot wide alley lying within Block 64 of AVON -BY -THE -SEA, according to the plat thereof recorded in Plat Book 3 at Page 7 of the Public Records of Brevard County, Florida. CERTIFICATION: I HEREBY CERTIFY: That the attached Legal Description was prepared by me and is true and correct to the best of my knowledge and belief. That the Legal Description was determined by an actual field Survey conducted under my direction on February 2, 1998 Survey order 98-58. Jo n R. Campbell, Profe ional L d Surveyor and a Mapper No. 2351, STATE OF FLORIDA Prepared for: John H. Evans Order No. 98-58-2 April 6, 1998 3525 North Courtenay Parkway • Merritt Island, Florida 32954 Mailing Address: P.O. Box 542148 • Merritt Island, Florida 32954 Telephone: (407) 453-5820 • FAX: (407) 453-5866 Mr. Whitey Moran April 14, 1998 Page Two 6. The request to vacate this property is to allow consolidation of the property owned by my client on both sides of the right-of-way. This consolidation is necessary due to the imposition of the Coastal Construction Control line and setback lines. This right-of-way is unimproved and only 12 feet in width, thus, it will not serve as any practical access between Pierce and Buchanan Avenues. Vacation of this right-of-way will allow construction of a much better project in that it will give the property owner more flexibility of design. Please advise as to when this matter will be on the Planning and Zoning and City Council agendas. I will keep in touch with you as this matter progresses. ry truly yours, o n J. �vanTs--,—E-s4a4lre JHE/klm cc: Mr. James A. Devlin This letter authorizes John H. Evans, Esquire to act on my behalf on the petition to vacate the alley between Pierce Avenue and Buchanan Avenue, east of Ridgewood Avenue. D Witnesses: lzl- Fra cQs �; M' Coo er print or,e Adam Print or Type Name REPUBLiC OF FRANCE CITY'NF, PARIS EMBASSYOF THE UNITED STATES OF AMERICA I SS . Devl I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared ,Tames A. Devlin described in and who executed the foregoing instrument, who acknowledged before -me that he/she executed the same. Said Person(s) is/are personally known to me. ✓ SaidP) ps erson( identification. rovided a Driver's L i een as WITNESS TmNrCS m- hand .-d -eal-'.� County Couty andaforesaid this EA day of April, 1'998. tate last (o ( SEAL ] Nota ry S-Lqnat Thomas E. Cairns Consul of the United States of America City of Cape Canaveral CRY OF CAPE CANAVEAAL May 8, 1998 Mr. John H. Evans, P.A., Esquire 1702 South Washington Avenue Titusville, FL 32780 Dear Mr. Evans: This letter is to inform you that your client, Mr. James A. Devlin's request to vacate a 12 ft. alley, located in Section 23, Township 24 South, Range 37 East, Block 4, Avon by the Sea Subdivision will be presented to the City of Cape Canaveral's Planning & Zoning Board on Wednesday, May 27, 1998, at 7:30 P.M., at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. If you have any questions or desire additional information, please contact the Cape Canaveral Building Department, 105 Polk Avenue, P.O. Box 326, Cape Canaveral, Florida 32920 or telephone: (407)868-1222. Sincerely, G. J. Moran, CBO Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326 TELEPHONE 1407) 868-1200 • FAX (407) 799.3170 TELEPHONE (407) 267-5504 JOHN H. EVANS, P. A. ATTORNEY AT LAW 1702 SOUTH WASHINGTON AVENUE TITUSVILLE. FLORIDA 32780 May 13, 1998 G. J. Morgan, CBO Building Official City of Cape Canaveral Post Office Box 326 105 Polk Avenue Care Canaveral, Pi- 3'9^n-0;26 RE: Devlin/Vacation Right -of -Way Our File No. JIE-6462 Dear Mr. Morgan: TELECOPIER (407) 267-0418 Thank you for your letter of May 8, 1998. Due to the fact that I have a variance hearing before the Titusville Board of Adjustment and appeals on Wednesday May 27`h at 7:00 PM, I need to request that the matter to vacate the 12 ft. alley be moved would appreto the next City Council meeting. I ciate your confirming that is possible and it has been moved. In the mean time, please confirm my application was complete. I assume therewill be a stall Please confirm if that is correct and also advise when I might expect to be a copy. Very truly yours, JHE/jhb ,oh ii. Evans, Esquire Mr. James A. Devlin John H. Evans, P.A. Attorney at Law 1702 S. Washington Avenue Titusville, FL 32780 ty of Cape Canaveral Re: Devlin/Vacation Right -of -Way Dear Mr. Evans: /A [ May 19 1998 Y Copy In response to your letter dated May 13, 1998, the City of Cape Canaveral will schedule the above referenced request before the Planning & Zoning Board at their regularly scheduled meeting on June 10, 1998 for recommendation to the City Council. The Planning & Zoning Board will meet at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral. Should you have a conflict with this meeting date, please contact my secretary, Susan Chapman at (407)868-1222. G. tey" Moran, CBO Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799.3170 May 8, 1998 Mr. John Pekar Stoller, Stagg, and Associates 8080 N. Atlantic Ave P.O. Box 1630 Cape Canaveral, FL 32920-1630 Mr. Pekar, The applicant wishes for the City of Cape Canaveral to vacate a 12 foot alley located in Block 64, Section 23, Township 24 south, Range 37 east, Avon -by -the -Sea subdivision, City of Cape Canaveral. The applicant has provided all necessary documentation (see enclosed material) for this action. The property is currently undeveloped. Please review this action and provide your comments to the Building Dept no later than May 4th, 1998. Sincerely, Steven E. Bapp Planning and Zoning Technician City of Cape Canaveral CF: Whitey Moran, CBO, City of Cape Canaveral File 3b- — I S -- OD � � Op05 t I cr _y I .59 , I nlv�- r 5 N I 1 Z Cn O I 1 v O (5In cu I rn 0 y 00 NJ . 000 3b- — Mr. John Pekar Stoller, Stagg & Associates 8680 N. Atlantic Ave, PO Box 1630 Cape Canaveral, FL 32920 ty of Cape Canaveral TO FROM n PH # 54X if Re: Vacation a 12 foot alley located in Block 64, Section 23, Township 24 south, Range 37 east, Avon -by -the -Sea subdivision, City of Cape Canaveral. Mr. Pekar Please provide your comments as soon as possible regarding the vacation of a 12 foot alley located in Block 64, Section 23, Township 24 south, Range 37 east, Avon -by -the - Sea subdivision, City of Cape Canaveral. This department originally requested your comments on April 201h, 1998, with a respond no later than date of May 4`h, 1998. Your comments are needed for the May 27`h Planning and Zoning Meeting, during which this matter will be discussed. Sincerely, Steven E. Bapp Planning and Zoning Technician City of Cape Canaveral CF: Whitey Moran, CBO, City of Cape Canaveral File 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX (407) 799-3170 4 May 18, 1998 Steven E. Bapp, Planning and Zoning Technician � ;;s City of Cape Canaveral Lr- #BOO 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Review Comments for Vacation of 12 foot alley located in Block 64, Avon -By -The -Sea SSA Job No. 98053 Dear Mr. Bapp: Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) has received and reviewed the application for vacation of a 12 foot alley in Block 64, Section 23, Range 37 East, Avon -By -The -Sea, City of Cape Canaveral. In the City of Cape Canaveral's ?et letter itis stated that the applicant has provided all necessary documentation. The Legal Description of the proposed vacated property was not enclosed. There exists a manhole at the approximate intersection of the alley and Pierce Avenue. SSA recommends that the City of Cape Canaveral Department of Public Works review the sanitary and storm sewers in this area. SSA approves this vacation subject to public works sign off of the manhole/sewer systems in this area. If you have any further questions regarding this letter, please contact our office. Sincerely, OF John A. Pekar, PE Vice President, Project Manager David Roy Jones, P Project Reviewer STOTMER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Fax 407 7837065 `moi ratMt-p u-Yacai9aawblock sa.aoc "Great To Work For... Greater To Work With" City of Cape Canaveral 8680 N. Atlantic Ave. P.O. Box 1630 Cape Canaveral, FL 32920 Orlando, FL 32801-2436 SSA Invoice Date: Invoice No Client No Project No Invoice for Services through May 18„ 1998 Avon By the Sea Review and comment to vacate 12' alley Registered Surveyor 2.50 hrs @ $70.00 $175.00 TOTAL DUE THIS INVOICE 05/18/98 004447 RC1075 98053 $ 175.00 STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 407 783 1320 Pax 407 7837065 Lic. #AAC000329 #EB0000762 #LB0006700 DATE: _ q TO: COMPANY: i CITY OF CAPE CANAVERAL P. 0. BOX 326 CAPE CANAVERAL, FL 32920.0326 _ Telephone: (407) 868-1222 E -Mail: capech@mail.state.R.us Web Page: httpJ/fen.state.fl.us/cape/ NUMBER OF PAGES (INCLUDING COVER PAGE): 3 FROM: CITY OF CAPE CANAVERAL NAME: TITLE: FAX NO: (407) 783-8193 REMARKS: k Sender's Signature MEMORANDUM -::- _-: April 20, 1998 ' "�' =� + ,�1 To: Ed Gardulski, Public Works Director, City of Cape Canaveral From: Steven E. Bapp, Planning and Zoning Technician, City of Cape Canaveral Subject: Vacation of Property The applicant wishes for the City of Cape Canaveral to vacate a 12 foot alley located in Block 64, Section 23, Township 24 south, Range 37 east, Avon -by -the -Sea subdivision, City of Cape Canaveral. The applicant has provided all necessary documentation (see enclosed material) for this action. The property is currently undeveloped. The City Attorney, The City Engineer, The Public Works Director, Florida Power Light, and the Building Department are currently staffing this action. �/ S Please contact me if you have questions regarding this matter. C d� �D CC: Whitey Moran, CBO, City of Cape Canaveral File May 8, 1998 Ms Dot Fisher Florida Power and Light 7901 Alice Road Melbourne, FL 32904 Dear Ms Fisher, The applicant wishes for the City of Cape Canaveral to vacate a 12 foot alley located in Block 64, Section 23, Township 24 south, Range 37 east, Avon -by -the -Sea subdivision, City of Cape Canaveral. The applicant has provided all necessary documentation (see enclosed material) for this action. The property is currently undeveloped. Please review this action and provide your comments, if any, to our Building Dept no later than May 8th, 1998. Sincerely, Steven E. Bapp Planning and Zoning Technician City of Cape Canaveral CF: Whitey Moran, CBO, City of Cape Canaveral File 0 FPL May 7, 1998 City of Cape Canaveral P.O. Box 326 Cape Canaveral, Fl. 32920-0326 Attn: Steven E. Bapp Planning & Zoning Technician Re: Vacating of 12 -Foot Alley Way 270 Pioneer Rd., Merritt Island, FL 32953 FPL has no facilities in the 12 -foot alley located in Block 64, Section 23, and Township 24 South Range 37 East, Avon -By -The -Sea Subdivision, City of Cape Canaveral. Should you need any additional information, please contact me at (407) 455-6107. Sincerely, Dot Fischer Distribution Designer an FPL Group company City of Cape Canaveral Cm OF CAPE CANAVERAL PROCEDURE FOR VACATING DEDICATED PUBLIC LAND Section 110.476 of the City of Cape Canaveral Code of Ordinances allows vacation of public land when it is in the best interest of the City. Below are the procedures to be followed when requesting a vacation: a. A letter directed to the Building official requesting the vacation, stating purpose of request. b. Statement affirming the fact that petitioner will pay for all costs involved, including, but not limited to, engineering, advertising, administrative and recording fees. c. If petitioner is not the owner, an affidavit from the owner authorizing the petitioner to act in his behalf in this matter. d. Boundary survey of the proposed vacated property, and all contiguous property, signed by registered surveyor. e. Legal description of proposed vacated property. f. If vacation is contingent upon the petitioner dedicating a utility easement to the City, a legal description of the proposed utility easement. g. Notarized statement from all contiguous property owners attesting that they approve of the vacation request. The request must be heard by the Planning and Zoning Board who will make a recommendation to the City Council. All necessary paperwork must be submitted to the Building Official at least 30 days prior to the Planning and Zoning Board meeting at which the request will be heard. The Planning and Zoning Board has regularly scheduled meetings on the 2nd and 4th Wednesday of every month. After a recommendation has been made by the Planning and Zoning Board, the City Councii will schedule a public hearing on the request (takes approximately six weeks). 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 14071 868.1200 0 FAX (407) 799.3170 VA( TION OF PUBLIC LAND CHECK' _ST Petitioner submits request to Building Official, including: A letter requesting the vacating, statin purpose of re g P rP quest. Boundary survey (including legal description) of the proposed vacated property, signed by registered ` /surveyor. y Notarized statement from all contiguous g ous property owners attesting that they approve the vacation request. N If vacating of property is contingent upon the petitioner dedicatingeasements to the Ci description of said easement(s). () City, a Legal _zPlat Plat Map depicting property to be vacated and showing contiguous property owners. z1Petitioners statement affirming the fact that he will pay for all costs involved, including, but not limited to, engineering, advertising, administrative and recording fees. V Proof of ownership; if petitioner is not owner, an affidavit fr be provided. om the owner requesting the vacation must Build' Official _ �9 y P, 6 l.~� 4.k-�s 8 N fies utility companies. N" d 7�,c'_ F'01--1 s_s g i C�►y Pik., 4-23-45 orwards request to City Engineer for review. Ntifies Petitioner when item will be heard by the Planning and Zoning Board. Places request on Planning and Zoning Board Agenda (must be 30 days -after request is received). Mails request to Planning and Zoning Board with their agenda. Mails copy of agenda to petitioner. Notifies City Clerk of Board Action by memo or meeting minutes. DIL Clerk Places item on City Council agenda to adopt an Ordinance for vacating public land. Notifies petitioner and all adjacent property owners of City Council meeting at which lst reading of Ordinance is scheduled (copy of agenda). Publishes above Ordinance in newspaper at least 10 days prior to 2nd and final readinof the Ordinance. g Records Quit -Claim Deed(s) and Ordinance with County. Mails certified copy of Ordinance and Quit -Claim Deed(s) to petitioner. TELEPHONE (407) 267-5504 JOHN H. EVANS, P. A. ATTORNEY AT LAW 1702 SOUTH WASHINGTON AVENUE TITUSVILLE. FLORIDA 32780 June 4, 1998 City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920-0326 Attn: Susan Chapman RE: De iinYR.ight of Way Our File No. JHE-6462 Dear Ms. Chapman: Fid f �ap� TELECOPIER (407) 267-0418 In accordance with your fax transmission of June 4, 1998, enclosed is a check in the amount of $175.00 for payment of the engineer in the above captioned matter. J1jE/jhb Enclosure cc: James Devlin JOHN H. EVANS ATTORNEY AT LAW CLIENT COST ACCT. "1702 S. WASHINGTON AVE. " TITUSVILLE, FL 32780 " AY Very truly yours, ��A P hn H. Evans, Esquire 222. 2 63-9128/2831 " Meeting Type: Regular Meeting Date: 08-04-98 AGENDA Heading Discussion Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSED AMENDMENTS TO SIGN CODE DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council review and comment on the proposed sign code amendments. Summary Explanation & Background: Staff would like some feedback on this proposed ordinance and direction to proceed with another council meeting on this item and when to hold a town forum. Please advise. Exhibits Attached: N/A Please bring 07-24-98 memo (call if you need a copy) City Manage>F's Office Department P&Z/GROWTH MGMT g:/ad ' naiumee ' !199 8/sign.doc Meeting Type: Regular Meeting Date: 08-04-98 AGENDA Heading Discussion Item 4 No. City Manager's letter of 03-11-98 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: JOINT MEETING WITH CANAVERAL PORT AUTHORITY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council give staff direction on agenda items for this joint meeting. Summary Explanation & Background: In talimg with port staff, they seem interested in the sewer impact fee and reuse issues. Please advise. Exhibits Attached: City Manager's letter of 03-11-98 City s Office Department LEGISLATIVE Mr. Charles Rowland Executive Director Canaveral Port Authority P. 0. Box 267 Cape Canaveral, FL 32920 Dear Mr. Rowland: ity of Cape Canaveral The City of Cape Canaveral City Council is inquiring as to whether or not the Port Commission of the Canaveral Port Authority would be interested in holding a joint workshop meeting to discuss issues, projects and other matters of concern. Some proposed topics of discussion are: Future beach renourishment projects Reclaimed water agreement s Linking of cape/port bike paths Status of George Xing Blvd relocation project Status ofAL4 interchange project Status of Jetty Park project Groundwater contamination project Closing out of the sewage franchise agreement With the concurrence of your commission, I would like to work with you on an agenda that would be of mutual benefit for the city council members and the port commissioners. Thank you for your consideration of this request. Sincerely, �Be. Bouc erger BCB:kmm cc: Honorable Mayor and Members of City Council 10S POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE [407) 868-1200 • FAX (407) 799.3170 MEMORANDUM DATE: JULY 29, 1998 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL ALL CITY EMPLOYEES ALL CITY BOARDS FROM: BENNETT C. BOUCHE " `', i ) CITY MANAGER! SUBJECT: CITY MANAGER'S REPORT The following is a brief update of city activities: • Reuse Project Phases II and III — Contractor was given notice to proceed and will break ground the week of 08-03-98. • All Commerce Street property owners made their agreed upon payments to the city attorney's trust account; paving should start the week of 08-03-98. • The Oak Lane volunteer project is scheduled for 08-08-98. • The sand fence volunteer project was rescheduled to 08-22-98. • One of the two appraisals for the Banana River Park is complete. • The proposed sign code amendments are under review by the City Council. • A workshop meeting should be scheduled by council to discuss the residential use allowed within the commercial zoning districts, amendments to the building permit fee schedule and stormwater projects. • The proposed ordinance amendments relating to landscaping tree point values were reviewed and recommended by the Beautification Board and will be addressed at the next P&Z meeting. • The city surplus auction of bicycles and vehicles will be held 08-22-98 for public viewing and sealed bids must be submitted before 2:00 p.m. on 08-28-98. Bicycles were donated to the Police Athletic League. An auction bid list can be obtained from the city web page. Honorable Mayor, et al Page Two July 29, 1998 • The city attorney is drafting an interlocal agreement with the City of Cocoa Beach to share capital equipment. • Spoke with Randy Jackson of Brevard County Public Safety about the lack of enforcement of beach regulations. He stated that the problems will be taken care of and if anyone has any questions, to contact him at 633-2056, ext. 2566. • The proposed wage and revised job descriptions will be reviewed by the City Council during the budget process. • Amendments to the personnel policy are under review by department heads. • Department heads reviewed a sample employee incentive program, and it was decided more research is needed. Department heads were reminded that they could reward employees at any time using their discretion. The department heads wanted to look at programs that rewarded teamwork, not necessarily individual awards. If you have any questions, please contact me anytime. BCB:kmm