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Home My WebLink AboutAgenda Packet 06-17-1997 y4 E �s y City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY OF CAPE CANAVERAL 111 Polk Avenue,Cape Canaveral,Florida TUESDAY June 17, 1997 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Pat Phillips, Mayor's Award PROCLAMATION: Code Enforcement Officers Appreciation Week CONSIDERATIONS: 1. Motion to Approve: Minutes, May 6, 1997 Regular City Council Meeting 2. Motion to Approve: Hartman&Associates proposal for Design Services for the East SR Al A Pedway 3. Motion to Approve: Land Lease Agreement with the Canaveral Port Authority 4. Motion to Approve: Cost Share Agreement with St. Johns River Water Management District for Reuse Water System Phase I S. Motion to Approve: Outdoor Entertainment Permit for the Cocoa Beach Area Chamber of Commerce, Wednesday-Friendsday event on July 2, 1997 6. Motion to Approve: Addendum to the Canaveral Port Authority Sewage Franchise Agreement 7. Motion to Approve: Second Amendment to the City of Cocoa Beach Interlocal Reuse Agreement 8. Motion to Approve: Sole Source Purchase of Storm Shutters di\cityclerk\cityclk\agmda\regLdar11997\06-17-97.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 • FAX 1407) 799-3170 City Council Regular Meeting Agenda June 17, 1997 Page 2 RESOLUTIONS 9. Motion to Approve: Resolution No. 97-17,Urging the Canaveral Port Authority and Tourist Development Council to create a local dedicated funding source for beach renourishment A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CITY COMMISSION OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, REQUESTING THAT THE CANAVERAL PORT AUTHORITY AND THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL PROVIDE A LOCAL DEDICATED FUNDING SOURCE FOR BREVARD COUNTY BEACH RENOURISHMENT. 10. Motion to Approve: Resolution No. 97-18, Establishing a New Schedule of Rates for Residential Garbage and Trash Collection A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS ORDINANCES - SECOND READING: 11. Motion to Adopt: Ordinance No. 02-97, Amending the Zoning District of 210 Center Street from R-3 to M-1 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 M-1 (LIGHT INDUSTRIAL 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. 12. Motion to Adopt: Ordinance No. 03-97, Amending the Comprehensive Plan to Allow M-1 Zoning at 210 Center Street 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 1997 AS PROVIDED IN CPA-97-1, 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. D:\cityclerk\CityClk\AGENDA\REGULAR\1997\06-17-97.doc City Council Regular Meeting Agenda June 17, 1997 Page 3 DISCUSSION: 13. Fire Chiefs concerns about Fireworks during 4'h of July holiday. REPORTS: 14. 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. D:\cityclerk\CityClk\AGENDA\REGULAR\1997\06-17-97.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral,Florida TUESDAY May 6, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bums Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney,Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski Recreation Director, Nancy Hanson PRESENTATIONS: Ballpark Security(Tape 1,53) Recreation Director,Nancy Hanson, Jack Schryer and Bruce Weber were present to report on the ballpark security issues. Mr. Hernandez queried if there has been a greater Sheriffs presence at the field since funds were allocated for patrol overtime, stating that he has not observed patrolling in the area. Mr. Schryer and Mr. Weber stated that they have not observed an increased sheriffs patrol, however, when called, the response is immediate. Further, Mr. Schryer stated that the park neighborhood is rough, but not a cause for over concern. He related there are always responsible adults present during organized recreational activities. Mr. Weber reported that there have been no adult problems, only juvenile, which is inherent. Mr. Schryer stated that when a former deputy was coming to the park, he gave Mr. Schryer his pager number which was very accommodating. Mr. Schryer commended Council for providing the Youth Center because it has proven to be an outstanding service for youth. Council concurred that the City Manager and Recreation Director are to follow up with the Mayor and report back to Council by memorandum on activities at the park and sheriffs patrol presence. Cassini Launch, Florida Coalition for Peace and Justice(Tape 1,733) Bruce Gagnon, State Coordinator for the Florida Coalition for Peace and Justice, presented his organization's perspective that the Cassini Mission scheduled for October 6, 1997, is too dangerous. d:\cityclerk\cityclk\minutes\regular\1997\0506-9 Tdoc City Council Regular Meeting Agenda May 6, 1997 Page 2 He stated that the danger of carrying the amount of plutonium and the chances for disaster unacceptable. Mayor's Award- Time Warner Cable(Tape 1, 1610) Mayor Porter presented a Mayor's Award to Mr. Noel Droor,Mr. Bill Suggs and Ms. Mercy Plago, Time Warner Cable representatives, for a Television Documentary Promoting the City of Cape Canaveral produced by them. INTERVIEW: 1. (Tape 1, 1704) City Attorney, Kohn Bennett interviewed Charles L. Biederman as a prospective member to the Code Enforcement Board. Mr. Biederman is a 12 year resident of the city. Neither he nor any family member serves on other city boards. Mr. Biederman is member of the Citizens Observer Program. Mr. Bennett queried if Mr. Biederman reports code violations as a member of the COPS program. Mr. Biederman replied that there are occasions when code violations are reported. Mr. Bennett stated that in such an event that an issue is being considered by the Code Enforcement Board which he was involved in reporting, there is a potential for conflict and would require deference from voting in that case. However, the potential for conflict does not preclude Mr. Biederman from serving on the Code Enforcement Board, CONSIDERATIONS: 2. (Tape 1, 1806) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Hernandez to approve the Tricon Development,Inc. request for a ninety(90) day extension to the Temporary Sales/Construction Trailer Permit at Sand Dunes Condominium. The motion passed 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mr. Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels, For. RESOLUTIONS: 3. Mayor Porter read Resolution No. 97-11 by title. (Tape 1, 1848) A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to approve Resolution No. 97-11, inserting the names Nadena Easler and Richard Trevorton with terms to expire on May 1, 2000. There was no public comment. The resolution was approved 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels,For. 4. Mayor Porter read Resolution No. 97-12 by title. (Tape 1, 1886) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT City Council Regular Meeting Agenda May 6, 1997 Page 3 AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97-11, inserting the names Norman Boucher and Randall Byrd with terms to expire on December 15, 1998. There was no public comment. The resolution was approved 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mr. Petsos,For;Mayor Porter,For, and Mayor Pro Tem Randels, For. PUBLIC HEARINGS ORDINANCES - FIRST READING: 5. Mayor Porter read Ordinance No. 02-97 by title. (Tape 1, 1917) 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 M-1 (LIGHT INDUSTRIAL 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 Mr. Hernandez and seconded by Mayor Pro Tem to approve Ordinance No. 02-97 for second reading. City Manager, Bennett Boucher, explained that the Planning and Zoning Board and the Local Planning Agency recommended approval of rezoning the property located at 210 Center Street, owned by Time Warner Cable. The property is currently zoned R-3 with an office building. The request is made to make the zoning conform to the current use of the property. A 600 square foot addition is planned to house electronics and fiber optics. The Time Warner Cable application representative, Noel Droor, reiterated that the property has been used as an office building with the same use since 1982 and will remain the same use. The request for rezoning is required because a building permit can not be issued to accommodate the northside proposed addition because nonconforming uses nor nonconforming structures are not allowed to increase. Consequently, this is the only process available according to the City to be able to build the equipment storage room addition. Mr. Droor responding to Council query, stated that a second story addition nor tower construction is anticipated at any time in the future. Mr. Philip Norr, attorney representing an abutting property owner, spoke in opposition to the rezoning. He opined that an M-1 District is incompatible with the R-3 adjacent property owners' current and future land use. He further, stated that the Comprehensive Plan is violated by "not protecting the existing and future residential areas, and not protecting the residential neighborhood." Mr. Norr stated that approving this rezoning would set a precedent for allowing towers in M-1 districts. He further related that an existing tower is not a reason to bring M-1 zoning districts to encroach upon residential properties. Mr. Norr also stated that Time Warner may not always be the property owner and there are many other allowed uses within M-1 zoning that are not compatible with the neighborhood. City Council Regular Meeting Agenda May 6, 1997 Page 4 Mr. Bill Suggs, representing Time Warner Cable, related that when the property was purchased, the tower was 500' high, whereas, it is currently 220', and will not be increased. Further, there are easements for all guidewires and tower related uses. He stated that the Building Official has related that there are no other methods than rezoning to allow them to build the proposed equipment room. There was no other public comment. Council concurred that the matter could be discussed further at the next public hearing. The ordinance was approved for second reading 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For; Mr. Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels, For, 6. Mayor Porter read Ordinance No. 03-97 by title. (Tape 1,3338) 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 1997 AS PROVIDED IN CPA-97-1, 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 Mayor Pro Tem Randels to approve Ordinance No. 03-97 for second reading. Mayor Porter related that the discussion on Ordinance No. 02-97 pertained to Ordinance No. 03-97 as well. There was no public comment. The ordinance was approved for second reading 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mr. Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCES - SECOND READING: 7. Mayor Porter read Ordinance No. 06-97 by title. (Tape 1,3434) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110,ZONING,ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS,BY THE ADDITION OF A NEW SECTION 110-482,UNDERGROUND UTILITIES REQUIRED,BY PROVIDING FOR THE CONSTRUCTION OF UTILITIES UNDERGROUND ON ALL NEW CONSTRUCTION;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIIDNG FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No, 06-97. City Manager, Bennett Boucher, explained that this ordinance would require all new construction to place utilities underground. The Planning and Zoning Board recommended approval of this ordinance at their March 26, 1997 meeting. City Council Regular Meeting Agenda May 6, 1997 Page 5 The ordinance was approved for adoption 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mr. Petsos, For;Mayor Porter,For; and Mayor Pro Tem Randels, For. 8. Mayor Porter read Ordinance No. 07-97 by title. (Tape 1,3546) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, ARTICLE II, COMMERCIAL DEVELOPMENT BOARD, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 22-28, COMPOSITION; QUALIFICATIONS, BY AMENDING SUBSECTION (a) REDUCING THE NUMBER OF MEMBERS OF THE BOARD TO FIVE (5) REGULAR MEMBERS AND TWO (2) ALTERNATE MEMBERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 07-97. There was no public comment. The ordinance was approved for adoption 5-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez,For; Mr. Petsos, For;Mayor Porter, For; and Mayor Pro Tem Randels,For. DISCUSSION: 9. (Tape 1,3652) SR AlA Canal Bridge City Manager,Bennett Boucher, related that Stottler, Starmer&Associates have proposed a cost estimate of$58,200 to install a bridge on the east side of AIA, crossing the Canaveral Creek. Council consensus was to move forward with the project, including drafting an agreement for reimbursement funding from the Florida Department of Transportation. Mr. Petsos left the meeting at this time(8:55 p.m.). 10. (Tape 2,698) Cape Canaveral/Cocoa Beach Joint Meeting Agenda Council concurred to hold the Joint Cape Canaveral City Council and Cocoa Beach City Commission meeting on May 28, 1997 at 6:30 p.m., including the following agenda items: • Existing program update • Capital Equipment Agreement • High School Resource Officer Update • Banana River Clamming issue • Reuse Water • CassinVlaunch safety 11. (Tape 2,964) Shuford Development's Request to Deed Roadways to the City City Manager, Bennett Boucher, explained that Shuford Development is requesting the City to take ownership of Imperial Boulevard,Brown Circle and Commerce Street. He related that the City has a policy of not accepting any roadway that does not meet City specifications. Recent examples are Cherie Down Lane and the entrance portion of Ocean Woods Boulevard. He related that if the City did accept the roadways,they would have to be repaired and brought to city specifications. The expense would be borne by the city or a special assessment invoked. He recommended that neither approach agrees with city precedent. Currently, Shuford Development is the owner and bears the liability of disrepair and responsibility for reconstruction. City Council Regular Meeting Agenda May 6, 1997 Page 6 Mayor Porter queried if the county might take over Commerce Street. Ms. Judy Randels, resident, queried if the city could repair and bill the costs to the owner. Mr. Boucher responded that it could be done and processed through Code Enforcement. Council concurred to have the City Attorney research viable alternatives for reconstruction and assessing the costs to facilitate the city taking ownership. 12. (Tape 2,2326-Tape 3,95) Mayor Porter opined that the City should provide free reuse water to Port Canaveral for the interchange landscaping because the aesthetic impact is directly beneficial to the City. Council concurred to allocate 100,000 gallons as requested by the Canaveral Port Authority, contingent upon the City of Cocoa Beach reducing their allocation from 750,000 to 650,000 per day. Further, reuse water would be provided at the same rate the City of Cocoa Beach charges its bulk customers or a reasonable rate recommended by our Public Works Director. Staff was directed to report to Council on these matters for further direction before responding to the Port Authority Request for Reuse Water letter, bearing in mind conceptual approval. 13. (Tape 3, 98)Zoning Code Fee Revision City Manager, Bennett Boucher, reported that the fee for zoning code applications have not been amended since 1983. He explained that comparisons have been made with other cites and the Building Official recommends increasing the fees from$100 to $250. Council concurred to place the item on the next agenda. REPORTS: City Manager,Bennett Boucher(Tape 3, 98) • Mr. Boucher reminded Council of the Board Appreciation Banquet that is being held at the Radisson on Saturday, May 10, 1997. AUDIENCE TO BE HEARD: No one in the audience requested to speak. REPORTS CONTINUED: City Clerk, Sandra Sims-No report. City Attorney,Kohn Bennett -No report. Mayor Pro Tem,Rocky Randels • Mr. Randels distributed a copy of the first edition of the Cocoa/Rockledge Press published by John Barnes. He noted the City News portion on page 4. City Council Regular Meeting Agenda May 6, 1997 Page 7 • Mr. Randels reported that H.B. 103,Beach Renourishment Funding did pass in the legislature. Council Member,Tony Hernandez-No report. Council Member,Burt Bruns-No report. Mayor, John Porter • Mayor Porter opined that the Long Point Neighborhood Park should proceed with the natural plantings on the residential side of the property and playground equipment on the street side, including a 4'fence. He reiterated that the proposed concept is readily dismantled if it proves to be less than positive for the neighborhood. ADJOURNMENT: The meeting adjourned at 10:25 p.m. ATTEST: John K. Porter, MAYOR Sandra Rozar Sims, CITY CLERK E�►ds Meeting Type: Regular MeetingDate: 06-17-97 r AGENDA Z Heading Considerations CRY OF CAPE CANAVERAL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSAL FROM HARTMAN & ASSOCIATES TO DESIGN A PEDWAY FOR THE EAST SIDE OF SR AIA DEPT./DIVISION: PUBLIC WORKS Requested Action: That the City Council consider the proposal from Hartman & Associates, Inc. in the amount of $15,900 to design a pedway for the east side of SR AlA. Summary Explanation & Background: The design of a five foot pedway will start from Commerce Street south to Harding Avenue in the county area.. Funding for this design was provided by Brevard County. HAI has designed the sewer main for the Canaveral Port Authority and the survey work is completed. It will take approximately two weeks to revise the port's drawings and bid specifications so this item can be bid with the port's project. The estimated cost was based on total linear foot; it did not exclude any existing sidewalks. I recommend approval. Exhibits Attached: HAI letters of 05-27-97 and 05-30-97; HAI contract City Manager's Office Department PUBLIC WORKS -. \g:lndmm\couwU\l tingwb17-97nm�aoc ` engineers, hldrogeologists,survc}ors&management consultants May 27, 1997 HAI 995-073.07 [iia Facsimile & US Mail Mr. Bennett Boucher City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Subject: City of Cape Canaveral Pedestrian Sidewalk/ Canaveral Port Authority Transmission Main Project Dear Mr. Boucher: The Canaveral Port Authority (CPA) has requested that we contact you in regard to potentially including the City of Cape Canaveral's proposed pedestrian sidewalk with the CPA transmission main project. We have completed the 90% design of the transmission main, and are planning to advertise for bids beginning on June 16, 1997. If the City would like to include the sidewalk with the transmission main project, we will need to coordinate this with you. It will take us approximately two (2) weeks to revise the drawings and specifications to include the sidewalk project. Please let us know how you would like to proceed with this matter at your earliest convenience. We are willing to assist the City in any way that we can in the design and construction of the pedestrian sidewalk. Please do not hesitate to contact me any time that you would like to discuss this matter. Very t[uly yours, Hartman & Associates,Inc. i 14 Mark A. Rynning, P.E. Vice President cc: Joe Lapolla, CPA Richard Lombroia, P.E., CPA Jennifer L. Woodall, E.I., HAI JLW/dt/ll/C-14/boucher.jlw '111 I \>1 1'I\1 "IRIA Alli[ 1000 • ()R1.:1NM).1I. ;28ul I I If NIO\I ; w—; • I \\ ( W—)839_ —90 • 1:\L II.:haio (II (';wI cunI RI_AAUu 1(M I \1)I R" H)R I PIEW L J ACK1,O\\ILI I: 1I V11\ll:Atitil l: engineers, Indrogeologists,surveyors&management consultants May 30, 1997 HAI #92-288.M5 Mr. Bennett C. Boucher City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Subject: Proposal for Engineering Services AIA Sidewalk- Commerce to Hardin Dear Mr. Boucher: As requested, Hartman & Associates, Inc. (HAI) is pleased to submit this proposal to provide the City of Cape Canaveral with permitting, design and construction administration services for the proposed AIA Sidewalk - Eastside Project. The Scope of Services for this project will consist of providing professional engineering consulting services which will include design, permitting and construction administration for the proposed project. It is assumed that permits will only be required from the SJRWMD, the FDOT and the City of Cape Canaveral. In addition, HAI will perform construction administration services to certify that the project has been built in accordance with the plans. Due to the nature of the services to be performed on this project, HAI proposes to base our billings on a not to exceed basis. An initial estimate of the manpower and costs will be prepared for your approval prior to proceeding with any tasks for this project. HAI proposes a not-to- exceed cost for the project of$15,900 without further authorization from the City. Please note that this fee does not include out-of-pocket expenses, permit application fees and surveying. Finally, this cost assumes that the permitting requirements will consist of the above-mentioned agencies. If the permitting task becomes more involved, the fee could increase by a minimum of $1,000. The construction cost for this project is estimated at approximately $150,000 to $175,000 if the sidewalk is constructed concurrently with the raw wastewater forcemain project and is estimated at approximately $250,000 to $300,000 if the sidewalk is constructed as a separate project. Based on the linear footage estimates, we have approximated the split between the City and the _!fit I v,I 11I��I:,II'LLI • ,1 III:: loon ORL:�yu(>.LI ;28ol JAS( tU-)tii`-i )U P-.A1:A[L hai(lol «anl.cum )RI \\D( I OR I 1111:8, I OR"I N[R<.1[ ILI.L 1 AH'AII:Atitilil. Mr. Bennett C. Boucher May 30, 1997 Page 2 County as 72 percent and 28 percent, respectively for both engineering and construction. Therefore, we estimate the engineering split to be $11,448 for the City of Cape Canaveral and $4,452 for Brevard County. If you have any questions or comments, please feel free to contact Gary ReVoir or me at any time. Very truly yours, Hartman & Associates, Inc. fitnessd . Schmidt, Jr., P.E. Vice President Wi ss City of Cape Canaveral Witness Witness Authorized Signature Date WDM/RCU/wk/c/P-3/capecan.rcu cc: Gerald C. Hartman, P.E., HAI Gary J. ReVoir II, P.E., HAI AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT made the 16th day of February 199 3 , by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation (herein referred to as CITY, and HARTMAN & ASSOCIATES, INC., a Florida corporation (hereinafter referred to as "CONSULTING ENGINEERS"). WHEREAS, the CITY desires to engage a firm of CONSULTING ENGINEERS to provide Consulting Engineering services relative to the CITY's utility systems; and WHEREAS, the CITY wishes to obtain the professional services of the CONSULTING ENGINEERS to provide certain services as may be authorized by CITY from time to time; NOW, THEREFORE, for and in consideration of the premises, the mutual covenants hereinafter recited, and for other good, valuable and sufficient consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. CONSULTING SERVICES: The CONSULTING ENGINEERS agree to provide continuing consulting, a.) engineering, hydrogeological, survey and management consulting services; and b.) review and advisory services relative to the operation and improvement of the CITY's utility systems. 2. GENERAL ENGINEERING AND UTILITY ADVISORY SERVICES General engineering and utility advisory services include attendance at meetings, review of applicant submittals, negotiations of various kinds, staff assistance, miscellaneous engineering and all other functions not included in (i) Study and Report Services; (ii) Project Design Services; (iii) General Services During Construction; (iv) Resident Inspection Services; and/or (v) Supplementary and Special Services. GCH/ch/cl 92-288.00/A-2/Canavral.Agm -1- 6 E Meeting Type: Regular st+ Meeting Date: 06-17-97 " r i" AGENDA Heading Considerations Cm OF CAPE CANAVERAL tem g No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: LAND LEASE AGREEMENT WITH THE CANAVERAL PORT AUTHORITY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of the land lease agreement for the IITF land with the Canaveral Port Authority. Summary Explanation& Background: Lease term is to 05-31-2047 with a $1.00 per year rental. I recommend approval. Exhibits Attached: Lease agreement City Mapager's Office Department LEGISLATIVE 9:��l��\06-17-974ak—.dm G-11-1997 1 :37PM FROM AMARI THERIAC, EISEN 407 639 6690 P. tn-. LAW OFFICJPS i AMARI, THERIAC & EISENMENGER, P.A. Attorneys and Com elors At Law Fdchw-d S Anukri Rohn)gevY►ett Reply Tw Cocoa P.O.Box 96 Willard Street,ef a 3Q2 R4mrt R.Berry P.O.Bots 1807 BradW Roger Bettuy Sr. C.ouoa,FkM AS11*7 W.As—t Tele'6h,aw! (4n2° 0C Keeley Freitag Fox (40 Anthony A. Garganese ––– ––_,– MUdatll S3 Gdd+rran bnperial Plaza George R.Harding Su!4 B104 J. Wesley hams,Yr. 6769 N.WkMa*Road Mark S.Peters McRmarne,F%xid*32940 David M. Prneack Tdtpb~ (407)25)-6611 James S.Theriac, III Fax(4n 2�-66y4 �l�;MQ,�tA1VDUM TO: Bennett C. Boucher, City Manager FROM: Kohn Bennett, City Attorr: , DATE: June 11, 1997 RE: Land Lease Agreement/Canaveral Port Authority Pursuant to your request to review the above retererlced Lease, I offer the following comments: (1) The legal description of the leased property (attached as Exhibit "A") is very difficult to follow, and no survey of the property was provided; therefore, I cannot confirm that the property description is correct; likewise, the legal description defined in Exhibit "B", which shall be the easement back to the Port Authority for the construction of the roadway, is also not depicted on a survey and, therefore, its location relative to the entire parcel is impossible to ascertain. i (2) As you are aware, Paragraph 5 provides that the City shall bring this property under its general liability insurance and name the Port Authority as an additional insured. If this is a problem, please let me know. (3) Paragraph 7 provides that at any time in the future, should the City decide to develop the leased premises for public purpose, then at that time, the Port Authority will provide the City with access to the property. Certainly, as you can imagine, I like to avoid any contract which provides terms to be determined in the future, nor do J find it particularly advantageous that we lease property without any determined access. 06/.11/97 13:37 TX/RX N0.0311 P.002 S-11-1997 1 :.37PM FROM AMAR I. THER I AC. E I SEN 407 939 GG90 P. 2 i Memo to Bennett C. Boucher June 11, 1997 Page ') (4) Paragraph 11 provides that the fort reserves any riparian rights to the property which begs the question "what uses W the property does the Port Authority have in mind necessitating this reservation.?" The balance of the lease is in otherwise acceptable form and content, and should you have any other questions, please do not hesitate to contact me. K13/edr I i I r I i 06/11/.97 13:37 TX/RX NO.0311 P.003 O sM CWWVi?1d RALPH J.KENNEDY Chairman PORT AUTHORITY DONALD N.MOLITOR Vice-Chairman RAYMOND P.SHARKEY Secretary-Treasurer RODNEY S.KETCHAM Commissioner JOE D.MATHENY Commissioner May 29 1997 CHARLES M.ROWLAND Executive Director Mr. Bennett Boucher, City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Re: Lease between Canaveral Port Authority and the City of Cape Canaveral for IITF Land Dear Mr cher: 5em�� At our most recent Commission meeting, held May 20, 1997, the Commission approved forwarding to you the lease which transfers the Internal Improvement Trust Fund (IITF) land which we discussed by telephone. Please look over the attached lease, have your City Council approve it, and return the lease to me for signature by our Commission. Sincerely, CANAVERAL PORT AUTHORITY 4Wi liam P. Bancroft Deputy Executive Director for Marine, Customer and Personnel Services WPB/Ibh Enclosure (a/s) PORT CANAVERAL&FOREIGN TRADE ZONE 136 P.O.Box 267•Cape Canaveral,Florida 32920,USA•407.783.7831 •Fax:407.784.6223•1.888.PORTCAN E-mail:portcan@aol.com•http://www.poricanaveral.org LEASE AGREEMENT LESSOR: CANAVERAL PORT AUTHORITY Post Office Box 267 Cape Canaveral, Florida 32920 (407) 783-7831 LESSEE: CITY OF CAPE CANAVERAL 105 Polk Avenue Cape Canaveral, Florida 32920 (407) 868-1200 EFFECTIVE DATE: June 1, 1997 1 . LEASED PROPERTY: The Lessor leases to the Lessee real property as more particularly described in attached Exhibit "A" . 2 . TERM: The term of this lease will be from the effective date through May 31, 2047 . 3 . RENT: The rental shall be $1 . 00 per year payable in advance, plus any applicable State of Florida sales tax that applies and any other tax that may be levied by the State of Florida on this lease . 4 . UTILITIES: Lessee shall be responsible for the payment of all utilities furnished to the leased premises during the lease term, including but not limited to water, sewer, electricity, telephone, gas, and garbage and trash collection. 5 . INSURANCE: Lessee shall maintain the leased premises in a reasonably safe condition. Lessee shall maintain insurance indemnifying Lessor from any damage to life or property which may occur on the leased premises and from any liability established against the Lessor as a result of any negligent act or omission by the Lessee or its agents and employees in the maintenance or use of the leased premises . Lessor shall be named as an additional insured on all insurance policies required by this paragraph. Lessee shall have the option to be a self-insurer in lieu of providing insurance . 6 . USE OF LEASED PREMISES: The leased premises shall be used for public purposes . This Lease shall terminate in the event the Lessee ceases to use the leased premises for public purposes . 7 . ACCESS EASEMENT: Lessor will provide Lessee access to the leased premises at the time Lessee undertakes development of the leased premises for the use authorized by this lease . 8 . LEASEHOLD IMPROVEMENTS: Lessee must obtain Lessor' s approval before constructing any improvements on the leased premises and such approval shall not be unreasonably withheld. 9 . ASSIGNMENT OR SUBLEASING: Lessee will not have the right to assign or sublease any portion of the leased premises . 10 . TERMINATION: It is mutually agreed that if the Lessee breaches any of the terms and conditions of this Lease and such breach or failure is not corrected after thirty (30) days notice in writing of such breach or failure, then and thereupon this Lease shall terminate . 11 . RESERVATION OF RIPARIAN RIGHTS: Lessor reserves to itself the ownership, use and enjoyment of all riparian rights of the leased premises and the same are not transferred to Lessee by operation of this Lease . 12 . CONDEMNATION: Lessor reserves the right to construct a public roadway, fence or other improvements on all or any portion of the property described on Exhibit "B" attached hereto. Lessee agrees that it shall not make any claim of any nature against the Lessor arising out of any condemnation action instituted by Lessor that may affect or condemn any portion of the leased premises . LESSOR: CANAVERAL PORT AUTHORITY By: RALPH J. KENNEDY, Chairman ATTEST: RAYMOND P. SHARKEY Secretary STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of May, 1997, by RALPH J. KENNEDY and RAYMOND P. SHARKEY, Chairman and Secretary, respectively, of the CANAVERAL PORT AUTHORITY. NOTARY PUBLIC-STATE OF FLORIDA Printed Name : My commission expires : LESSEE: CITY OF CAPE CANAVERAL By JOHN PORTER, MAYOR ATTEST: CITY CLERK Secretary STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of May, 1997, by JOHN PORTER and , Mayor and City Clerk respectively, on behalf of the CITY OF CAPE CANAVERAL, who is personally known. NOTARY PUBLIC-STATE OF FLORIDA Printed Name : My commission expires : A parcel of land bounded on the north by that parcel described in Trustees of the Internal Improvement Trust Fund of the State of Florida Deed No . 19407 and Trustees of the Internal Improvement Trust Fund of the State of Florida Deed No . 21535; on the east by the westerly right of way of State Road A-1-A, being 100 feet in width; o.n the south by those two parcels described in Trustees of the Internal Improvement Trust Fund of the state of Florida Deed No . 21484 and in Official Records 435, Page 290 as recorded in the Public Records of Brevard County, Florida; on the west by the easterly mean high and\or ordinary high water line of Banana River . Said parcel is situated in Section 15, Township 24 South, Range 37 East, Brevard County, Florida . Exhibit "A" EASEVENT DES[RIFTl3Na 1" FEFTIANENT AND IRREVOCABLE EQSEMENT FOR ROADWAYS . PIPELINES , INGRESS . ESPE5S . DRAIWAGE AND ANV OTHER ASSOCIATED USAGE AS MA/ BE DEEMED NECESSARY BY THE VANA`/EpAL FORT AUTHOPlTY . A BOD*/ POLIrIC AND EOD\ LORPCRATE . HCROT9 THE FOLLOWING DESCRIPED LANDS ! THE EAS7ERL4 190 . 90 FEET OF THE �ANDS DESCRIBED IN FLORIDA ETATUTES , CHAPTER 9S-415 ' HOUSE BILL NO . 61c) . SECTIOW 2 , 70 WIT : " OARCEL 27 LoN[' LYING 15 SECTION 15 . TO456HIP 24 SOUTH . RANGE 37 EAST . TALLAHYSSEE B*SE MERIDIAN , BRE`/ARD 7O0K7/ . FLORIDA. AND 5EI45 MORE FAP�ICULARLY ['ESGRISED AS FOLLOWS : COMMENCE oT THE 4ONTwEAST CORKER OF SECTION 15 , TOWNSHIP 24 SOUTH . RANGE 27 EAST : THBv[E S O1 - 1 : ' 2O " E . ALONG THE EAST LINE 3F SAID SECTI [3N 15 . A DISTANCE OF i4v1 . 98 FEET : THENCE S 69^ 54' O8" �; . "uONG THE LI`�E OF THE LANDS DESCFIBED IN DEED BO&K 328 . P4GE E11 AMD TwE WESTERLY E>TEN5I0N THEREOF . A DISTANCE OF 2892 . 22 PEE7 TO 74E WE5TEFL` FIGH7-0E-, QY LINE OF STATE ROAD A-1 - 4 (A 10U FOOT R: GHT-OF-WAY AS PNESEHTL/ LOCA7ED) AND THE POINT- 3F-BEGINNING ; THB1LE CONTINUE 5 ST 54 08" W . ALONG THE SOUTH LINE QF THE LAND5 DESCRIEED IN OFFICIAL RECORDS BDOK 37 , FASE 587 . A DIITANCE OF 726 . O7 FEET : THENCE N 0 " 05 52 " W . A DISTANCE OF i74 . 90 FEET TO THE SOUTH LINE OF POPT CANAVERAL : THENCE S 89' 54 O2" 0 . "LT& SAID TOOTH LINE , A DIST*N[E OF 957 . 50 FEET TO THE SHORELINE OF THE RIVEP : THENCE 5OU7HEAS7ERLY ALONG THE SHORELINE OF E+ID BANANA RIVER TO 4 POINT 465 . 94 FEET SOUTH vb . B! FiGHT ANGLE ME*5URB` ENT . THE SOUTH LINE OF THE LANDS DE5CKBED IN OFFICIAL RECORDS BOUK 37 . FAGE 587 : THENCE >v S9 1-' 21 " E . A DISTANCE OF 030 . 50 OEET TO THE AFORESAID WESTERLY PIG�T-OF-HAY LIME 3F STAE ROAD A-1 -A : THENCE N 37- 29' 55" W . ALONG SAID WESTEFL`' RIGHT-DF-W4, LINE . A EISTANTE OF 576 . 41 FEET TO THE F51HT-9F-BESINXNING . CONTAIMINS 18 . 1 2 ,+CRES . 40RE OR LESS , AND BEING SUBjECT TO AN/ EASEMENTS AND/OR RIGHT-OF-WAY RECOFD . 5 E Meeting Type: Regular ` 1 Meeting Date: 06-17-97 r AGENDA Heins Considerations CITY OF CAPE CANAYEPAL Item 4 NO. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COST SHARING AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT DEPT./DIVISION: WATER RECLAMATION FACILITY/PUBLIC WORKS Requested Action: That the City Council consider approval of this agreement that will provide funding $75,000 for Phase I of the reclaimed water system. Summary Explanation& Background: The term of this agreement is from 06-11-97 to 06-10-98. We are required to spend these funds on Phase I of the reuse system only. I recommend approval. Exhibits Attached: SJRWMD letters of 05-19-97 and 05-29-97 City Manager's Office Department PUBLIC WORKS �rmdaiu�omcinmoeucgwb -�;�,a.aae`--.. G-11-7997 1 :36PM FROM AMAR I, THER I AC. E I SEN 407 639 6690 P. 1 � ♦pp♦ T I.,1w OFFICES A Attmueys amid Comwelom At Law i 12ic*"S. Amari Mariwer ware Xoh n Belwm t Reoy To., C ma P.O.Box 96 VVM.d street, sm Robert 1R.8er9ry P.O. 1S;U7 Sradty Roger Bettie,Ste. coem,V%ritta Igp7 GreSary W. Ripewnevger '.teleptmme (407) 1320 cab I"eeky fteltag Fax (407)00-OM AndwW A.Garganese ---.-.-.-,—--_- MSttha S. Gaismem Imperio Plaza George E-HardhV Sui#B104 Jr.Wesley I3orva4h,Jr. 67t&N.VVkkbAm Road Mark S. Pete" Merhmree,Ilorid432940 L*M W Pr espirx Tehopha w (4►7)24$L"11 James S.Tberiac,XXX Va,(407)25P-6624 MEMORANDUM TO: Bennett C. Boucher, City Manager FROM: Kohn Bennett, City Attorneya7 DATE: June 11, 1997 RE: Cast Share Agreement/St. Johns River Water Management District Pursuant to your request, I have reviewed the Cost Share Agreement as proposed by St. Johns Water Management District. The form of the Agreement from a legal standpoint is sufficient and acceptable as long as you feel comfortable that the City can meet the time lines as specified in Exhibit "B", since no payment will be received from St. Johns until thirty (30) days after complete construction of Phase 1. If you have any questions, please do .not hesitate to contact me. IAB/edr I 06/11/97 1.3:37 TX/RX NO.0311 P.001 Henry Dean.Executive Director OT..10F'•1+.1B I iivECi John R.VVehle,Assistant Executive Director POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 1 i EPHCi jE 304-32.1 4500 SUNCOM 904-860-4500 __�� r-Dts°04 325-1450 TDD SUNCOM 860-4450 � FA.r (Ex ECUP VLIE EGA L) c 412 IPFF.'v T11NG ',29-43"5 IADPAINISTRATION/=iNANCE)329-4508 M ANAGEME T ..'*3x.s..3�.. #>.Y`i• .Y:�3Y.1`$> r J F :ENI Er D'STRIC ■ '�8E th..beet _.,-y t ,o,.�A'ay PEPf I Nr: OPERA?IONS' "o Fl,,,o,3;1861 c 102r oO5 F—t C _ 2133 N.Vnbkhca Road 4D--891-IJOQ J�.h.,..lue.F lel l,o,rre.Cnnd:32501 v^elbo P1odsK935-8109 l LA!407-897 5961 f?.)4-7.-.0-5270 107-8E&&^.194C 407-254-9762 -„r,"I”730-7902 iDD 407?._�'5368 DD J07-253-1203 May 19, 1997 Mr. Bennett C. Boucher City Manager City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32920-0326 Re: Alternative Water Supplies Construction Cost Sharing Program Application No. 97014, Contract No. 97H306 Dear Mr. Boucher: You will soon receive a contract from St. Johns River Water Management District (SJRWMD) for cost-sharing of your Alternative Water Supply Project. If the contract is satisfactory you should sign and return it as soon as possible. If you have any questions or concerns, please contact Debbie Hancock, Contracts Administrator, at 904-329-4196. Before you enter into the contract, I want to be sure the conditions under which SJRWMD will release funds for Alternative Water Supplies Construction Cost Sharing projects have been presented to you clearly. This information is in your contract and/or the Instructions for Applicants which accompanied the blank application forms, but I am writing this letter to be sure all applicants are aware of it. The SJRWMD Office of Financial Management will not make exceptions to these requirements. • Funds administered through this program will be released only as reimbursements after the project is complete and you have paid your contractors and/or suppliers. • In order to receive payment of cost sharing funds, you must submit to the Director of the SJRWMD Office of Financial Management an invoice and original receipts from each contractor or supplier indicating you have paid on the project a sum equal to at least twice the amount being requested. • These funds may be used only for the payment of new capital and infrastructure costs of alternative water supply systems or additions to such systems and may not be used for planning or feasibility studies. 'VVillizm V.Segal II1,11'r N Dun Roa h.v„ ,i.A r;w,N Jomes'I. Swann. ,iOiASUkt_P Otis Mason, IARV Kathy Chincy griffin A. Greene James H Wil lams Patricia T. Harders Reid Hughes 'A ,:,'il E W Iq A,::r-I rx'ALA 6FM1NI'- tI:A,(rniJA BEACH Mr. Bennett C. Boucher Page Two May 19, 1997 • These funds may not be used retroactively to reimburse the cost of structures that were built and paid for prior to execution of the contract. Again, if you have any questions about these conditions or other aspects of the Alternative Water Supplies Construction Cost Sharing program, you may contact me at 904-329-4126 or Debbie Hancock concerning any contractual requirement. Sincerely, `t 11 fu� Donald Brandes, Ph.D. Water Conservation Program Manager DB cc: Hal Wilkening Barbara Vergara Jennifer Springfield John Williams Lee Ryals Pat Sherbak Debbie Hancock Henry Dean,Executive Director John R.Wehle,Assistant Executive Director ST. JOHIMH PIYBR POST OFFICE BOX 1429 PALATKA, FLORIDA 32178-1429 TELEPHONE 904-329-4500 SUNCOM 904-860-4500 TDD 904-329-4450 TDD SUNCOM WO-4450 WATER FAX(Executive)329-4125 (Legal)329-4485 (Permitting)329-4315 (Administration/Finance)329508 SERVICE CENTERS MANAGEMENT 618 E.South Street 7775 Baymeadows Way PERMITTING: OPERATIONS: DISTRICT Orta,Flods 32801 Suite 102 305 East Drive 2133 N.Wckham Road 407-897-4300 Jedcsonvile,Florida 32256 Melbourne,Florida 32904 Mebane,Florida 32935-8109 TDD 407-897-5960 904-730-6270 407-9844940 407-752-3100 TDD 904448-7900 TDD 407-722-5368 TDD 407-752-3102 May 29, 1997 Mr. Bennett Boucher, City Manager City of Cape Canaveral P. O. Box 326 Cape Canaveral, FL 32920,0326 Dear Mr. Boucher: Enclosed are two originals of the Agreement for Alternative Water Supply Cost Sharing Program, Contract No. 9711306. Please obtain appropriate signatures, affix your corporate seal, and return both Agreements to my attention as soon as possible. Thank you for your assistance. If you have any questions, please contact me at (904)329- 4196 or the above address. Sincerely, X", Debbie Hancock Contracts Administrator Office of Procurement DH/pn Enclosures c: D. Brandes William M.Segal, CHAIRMAN Dan Roach,VICE CHAIRMAN James T.Swann, TREASURER Otis Mason,SECRETARY MAITLAND FERNANDINA BEACH COCOA ST.AUGUSTINE Kathy Chinoy Griffin A. Greene James H.Williams Patricia T. Harden Reid Hughes JACKSONVILLE VERO BEACH OCALA SANFORD DAYTONA BEACH Contract#971-1306 City of Cape Canaveral COST SHARE AGREEMENT BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF CAPE CANAVERAL PURSUANT TO DISTRICT'S ALTERNATIVE WATER SUPPLY COST SHARING PROGRAM Contract#97H306 RECIPIENT: City of Cape Canaveral Post Office Box 326 Cape Canaveral,FL, 32920-0326 RECIPIENT ADMINISTRATOR: Bennett Boucher, City Manager DISTRICT CONTRIBUTION: $75,000 RECIPIENT CONTRIBUTION: $75,000 AGREEMENT PERIOD: June 11, 1997 through June 10, 1998 Purpose of Agreement: This cost share agreement is authorized by the St. Johns River Water Management District ("DISTRICT") from funding designated for identification and use of alternative water supplies, including reclaimed water. 1. Scope of Project: RECIPIENT will commence work within fifteen (15) days after approval is received from District's Project Manager to begin, prosecute the work diligently, and complete the entire work in accordance with Exhibit "A" (attached), "Alternative Water Supply Cost Share Program Contract Outline," and Exhibit `B", "Project Specifications," and will be completed within the time frames specified above unless extended in writing by DISTRICT. 2. Permits: A fifteen (15) day period has been included in the time allotted for completion to allow for mailing of the AGREEMENT, RECIPIENT submission of proof of all required permits, and any other documentation required by District's Project Manager. Any work completed without proper permits will not be considered in compliance with this AGREEMENT, and will not constitute as work performed under this AGREEMENT. RECIPIENT acknowledges understanding that any work not properly permitted prior to implementation will not be approved for invoicing to the DISTRICT, and that RECIPIENT may be fined per appropriate regulatory channels and/or may be required to remove said unauthorized construction. 1 Contract#97H306 City of Cape Canaveral 3. Legislative Requirements: The Florida Legislature requires recipients of funds granted through this program to meet several specific conditions. The applicant must provide District with written assurance of their continued qualification under these requirements throughout entirety of project or forfeit funding. Details concerning these requirements appear in Subsections 373.1961(2)(b) and(c),F.S. 4. Status Report: RECIPIENT shall submit a brief final project report summarizing the project to DISTRICT's Project Manager, who is the Administrator, or his designee, describing the activities of the project. 5. Records: RECIPIENT shall maintain its books and records in such a manner that the receipts and expenditures of the cost share funds will be shown separately from other expenditures in an easily checked form. RECIPIENT shall keep the records of receipts and expenditures of cost share funds, copies of all reports submitted to DISTRICT and copies of all support documentation for at least three (3) years after expiration of the agreement period. In accordance with generally accepted governmental auditing standards, DISTRICT shall have access to and the right to examine any directly pertinent books, doccarnts, papers, and records involving transactions related to this agreement. 6. Liability and Insurance: Each party to the agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat. Each party shall acquire and maintain throughout the term of this agreement such liability and automobile insurance as required by their current rules and regulations. 7. Payment of Funds: Approved funds shall be paid to RECIPIENT by DISTRICT in one payment following completion of project. Payment will be made following submission and approval of final invoice, including proper documentation, from recipient and verification of satisfactory completion of project by District's Project Manager, Don Brandes. Invoice shall include original receipts from contractors and/or suppliers for the specified construction expenditures, and verification of project passing all local and state building requirements, including verification of permits needed. Once all required documentation is received, and verified to be complete and correct, by District Project Manager and the Division of Finance, the District will remit an amount not to exceed $75,000 (50% reimbursement of identifiable costs) to RECIPIENT within 30-days. Any inquiries shall be submitted to the Director, Office of Financial Management, P.O. Box 1429, Palatka, Florida 32178-1429. Disbursements due and unpaid under this agreement shall not bear interest. 2 Contract 49711306 City of Cape Canaveral 8. Rescission of Agreement: Payment made under this agreement shall be subject to full or partial rescission if, during the term of the agreement, DISTRICT's Project Manager determines that RECIPIENT is using funds for purposes other than those specified in Exhibits "A" and`B", or that RECIPIENT has failed to complete the tasks specified in Exhibits and its failure cannot be remedied within the agreement term. Funds shall be subject to rescission after expiration of the agreement term if, upon a post-project audit examination, District finds RECIPIENT has spent funds for purposes other than those specified in Exhibits "A" and "B". This agreement may be fully or partially rescinded upon 10 days written notice to RECIPIENT. 9. Non-lobbying: Pursuant to Section 216.347,Fla. Stat. (as amended), RECIPIENT agrees that funds received from DISTRICT under this agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 10. Governing Law: This agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorney's fees and costs. This agreement is entered into on , 1997, by the Governing Board of the St. Johns River Water Management District, whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and RECIPIENT. ST.JOHNS RIVER WATER CITY OF CAPE CANAVERAL MANAGEMENT DISTRICT By: By. Henry Dean,Executive Director Bennett Boucher,City Manager Typed Name and Title Attest: Attest: Typed Name and Title (SEAL) APPROVED BY THE OFFICE OF GENERAL COUNSEL John W.Williams, Senior Assistant General Counsel St.Johns River Water Management District 3 Contract#971-1306 City of Cape Canaveral EXHIBIT A CITY OF CAPE CANAVERAL ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SHARING OUTLINE I. BACKGROUND St. Johns River Water Management District (SJRWMD) is a regulatory agency responsible for all phases of water management in all or part of 19 northeastern Florida counties, including that part of Brevard County in which Cape Canaveral is located. SJRWMD has been working to find alternative sources of water to supply the increasing demands placed on natural supplies of freshwater. In response to the requirements of Subsection 373.1961(2), Florida Statutes, SJRWMD makes Alternative Water Supply Matching Cost Share Program available to water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial and agricultural water users; and other public and private water users. This project will provide a reclaimed water system for the City of Cape Canaveral. It will upgrade the wastewater treatment facility necessary to operate a public access level reuse system. The improvements include a 2.8 million gallon reuse storage system and a high service pump station capable of providing adequate reclaimed water delivery and system pressure. II. OBJECTIVE The objective of this agreement is to provide funding assistance to the City of Cape Canaveral to finance partially the construction of a reclaimed water system. This agreement specifies both the responsibilities of the City of Cape Canaveral with respect to the construction of the project and SJRWMD in the administration of cost sharing funds. III. RESPONSIBILITIES City of Cape Canaveral and SJRWMD, respectively, shall each be responsible for performing the following assigned tasks pertaining to the construction of reclaimed water system as defined in Exhibit B. 4 Contract#97H306 City of Cape Canaveral A. Responsibilities of City of Cape Canaveral City of Cape Canaveral shall undertake to complete the following: 1. Complete construction of a reclaimed water system according to the specifications provided in Exhibit B. 2. Provide funds to pay at least 50 percent of the project construction costs from non-SJRWMD funds. 3. Submit an invoice with receipts for the specified construction expenditures attached to the SJRWMD upon completion of construction. B. Responsibilities of the St.Johns River Water Management District SJRWMD shall provide the following support contributing to the completion of the project as defined in Exhibit B: 1. Inspect the project to verify that it has been constructed in accordance with the plans included in this contract within 30 days of written notification by the recipient that the project has been completed. 2. Reimburse City of Cape Canaveral up to 50% of the project's construction costs, not to exceed $75,000.00, upon completion of the project, receipt of an invoice from the recipient, and verification that the project has been constructed in accordance with the provided plans. 5 Contract#9711306 City of Cape Canaveral EXHIBIT B ALTERNATIVE WATER SUPPLY SYSTEM COST SHARING PROJECT SPECIFICATIONS Exhibit B includes the engineering specifications for a reclaimed water system to be constructed by City of Cape Canaveral a budget for the described project, and a schedule for completion of construction. I. PROJECT SPECIFICATIONS Phase 1 of the reuse system is the initial construction phase of the project. The wastewater treatment plant improvements include a 2.8 million gallon reuse storage system and a high service pump station capable of providing adequate reclaimed water delivery and system pressure. Phase 1 improvements include a pipe distribution that will provide reuse water irrigation to the western portion of the city. Total reuse for Phase 1 will be approximately 927,944 gallons per day. PROJECT CONSTRUCTION AND COST SHARING PAYMENT SCHEDULE Construction of this project shall commence on or about June 11, 1997. No cost sharing payment shall be made by SJRWMD for any work or materials billed prior to that date. Construction of this project shall be completed and City of Cape Canaveral shall request payment from SJRWMD of cost sharing funds, no later than one year from contract execution. 6 4 TABLE 4-3 CITY Or CAPE CANAVERAL ROUTE ANALYSIS PHASE 1 CAPITAL COSTS Description Cost (S) I. Cape Canaveral WWTP Modifications a. 2.8 MG reject/reuse storage $475,000 b. High service pump station 3-60 M.P. um station com Tete $112,000 2. Transmission/Distribution -- a. 16-inch DIP $260,600 b. 12-inch PVC 279 450 c. 8-inch PVC 76,950 3 d. 6-inch PVC 209 070 e. 4-inch PVC 27 600 f. 2-inch PVC 86,130 g. Open cut 16 578 h. Bike Path Replacement 22,827 i. Valves 5,900 j. Bore & Jack Installations 56,000 k. General Requirements @ 7.5% 122,108 Subtotal $1 750,2 t 3 Contingency @ 10% 175,021 Total Phase 1 CostsI 2 $ 9 5 234 Cost/ al $2.07/ al SJR/pt/ns/lUR-C-3/4-3.tab HAI #92-288.00 4-10 110194 BREVARD COUNTY I CAPE CANAVERAL BREVARD COUNTY CAPE CAfJAVEFLAI. :Ck-E :W74AVOIAL -------------- i ` !; __..moi uJ cr. ui .� > L_ Z> /ras ,. a C. f �CF�v M.o+C4E L-7 11�� Y o - ol V, u, E g CAPE'.CANAVERAL BREVARD CO. r o '•Cu' a z o- dad m. c V � J r' FIGURE 1-1 :z.zne�izesooTol cc D Y O C Mnr- cc J�p W O_< Iy �f <O[L ow Il � O W +it R U Z W w K z-1 7 d cn I 1 1 - 11 t _ O � � U !y /lZ — — �� wl b c <IF ,q H I u UiF Z : I I i i i �uw• I, i -r��pE- .. CAt1AVEW�L - tI' a z~ UNa I __. 0WZ CC Www 1 Ja . W ' 1 lx CAPE CANAVERAL q — RE q i � � o e I . I . E.q�, 5 �• d Meeting Type: Regular `Stt► Meeting Date: 06-17-97 r 'r AGENDA �aj —' 5 Heading Considerations CITY Of CAPE CANAVERAL Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR THE COCOA BEACH AREA CHAMBER OF COMMERCE WEDNESDAY-FRIENDSDAY EVENT ON JULY 2, 1997 DEPT./DIVISION: COMMERCIAL DEVELOPMENT Requested Action: That the City Council consider approval of this outdoor entertainment permit. Summary Explanation& Background: This event is scheduled for July 2, 1997 from 5:30 p.m. to 7:30 p.m. Request the following exemptions to this permit: => Filing Fee, => Cash Clean-Up Bond, z:> Waiver of Code Section 6-52, Open container of alcoholic beverages within the event area only. See application for event details and map. Exhibits Attached: Permit application City.A-Umger's Office Department COMM ERCIAL DEVELOPMENT g:xdminlcamcilmeeting`,0617-97\wadt -_ CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. 97-1 Date:-5/2 8/9 7 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Cocoa Beach Area Chamber Name of Applicant: e€ G e mere Title: Firm: Cocoa Beach Area Chamber of Commerce Address: 400 Fortenberry Road Merritt Island, FL .32952 Telephone: 459-2200 FAX: 459-2232 Local Contact: Jan Kearns Title: Local Address(if different from above) Type of Event: Wednesday-Friendsday (5.30 p.m. - 7.30 P.m.) Event Date(s)in Cape Canaveral: July 2, 1997 Location(s): Date(s) Time Cape Canaveral Library , Recreation Center and Xeriscape park Set inn tinie is 3:00 n m Attach map(s) indicating event area and designated parking areas. ,ADTraffic Control X❑Use of Police/Fire Rescue Equipment ']Street Closing ❑Vehicles/Equipment on Beach ❑Other X❑Vehicle Parking on City Property Specify: Close Taylor ave from Poinsetta ave to SR AIA, Poinsetta ave from Polk to Taylor Traffic Control - Help with parking and blocking streets Use of Police/Fire Rescue Equipment - Barricades, Safety and Fire Extinguishers Vehicle Parking on City Property 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: 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. in. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver. of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. 1. Filing Fee, 2. Cash clean-up bond 3. Waiver of code section 6-52 open container of alcoholic berverages within the event area only. Date Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Bennett C. Boucher Title: City Manager r �� St 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 § 6-27 CAPE CANAVERAL. CODE able notice thereof to the holder of the license and affording the holder an opportunity to be heard as to why the revocation should not be issued. (Code 1981, § 734.01(A�-4Q, (E)) Cross reference—Adult entertainment regulations, § 10- 86 et seq. State law reference—Authority to regulate conduct, F.S. §§ 562.14, 562.45. Secs. 6-28--6-50. Reserved. ARTICLE III. POSSESSION AND CONSUMPTION DIVISION 1. GENERALLY Sec. 6-51. Streets, alleys, sidewalks and parking areas. It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, on or upon any street, alley, walkway, sidewalk or any city public parking area open to the public in the ordinary course of business within the city. (Code 1981, § 604.01) Cross references—Library, ch. 46; parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66; waterways, ch. 106; zoning, ch. 110. � Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b), -The city council may waive the prohibitions `of"ibis section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) Cross reference Parks and recreation, ch. 54. Secs. 6-53-6-65. Reserved. DIVISION 2. MOTOR VEHICLES* Sec. 6-66. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage contain- ing more than one percent of alcohol by weight. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name and which bears the manu- facturer's insignia, name or trademark, shall be prima facie evidence that such beverage is an al- coholic beverage. Highway means any public street, avenue, bou- levard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or pri- vate, located within the incorporated area of the city. Open container means any bottle, can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage which has been opened or a seal broken or the contents of which have been partially re- moved. Possession means an open container shall be considered to be in the possession of the operator of a vehicle if the container is not in the posses- sion of a passenger and is not located in a locked glove compartment, locked trunk or other locked nonpassenger area of the vehicle. An open con- tainer shall be considered to be in the possession of a passenger of a vehicle if the container is in the physical control of the passenger. An open con- tainer shall not be considered in the possession of a person if the open container is located in the refrigerator or other storage area of a motor home or recreational vehicle which is in excess of 21 feet in length. *Cross references -Streets, sidewalks and other public places, ch. 66; traffic and vehicles, ch. 74. State law reference Possession of open containers in ve- hicles, F.S. § 316.1936. 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L L D nnTI1V'I /n� 11L V(LAN0 AV AZURE LAN rStc� ft }I tl il'k�SYI `!t� r J n MINLEY AZURE IA IrivJtt t,El {'r `} r ,v 11 IC K IOSEVELT AV ME111WAN UII `y Ihlrli 11 J.r rlll l{ S i 1 v 15LAN f '' r.s L TAFT AV AlUnt LAS ipis 1 WILSON nVLqC r }, - 71 Y rili ..? `t `.•ar, - I U t+'a lylJil.1rr11 -! 1^SII a ai e I ll 1 y /.r1! ! �'•(� t '•27 ,: r i:�r...(•:iis�S,.`:(,,i:.;�7.J};I•.i.r_..- .;..,:,,-., i( IAP n_INC,• _nY� I r j-I'-1 IBJ,;t'-1r!J �X{> r r'�)}l > F ly 1 !`< -_I f• yr'r,' 1 ~-RAILOW nv CITE' LlArl TS ,)V�fC7 YDIINC A ' h�Y`� I AV V V air 1 I. �` J CY1 A Al,i I s I —KENTA 1 )(.._r N@HDI JX nv }Ii2 r,o�/ ri PULSIPrICn • �.000Beach(!. }y{! 7 RCPier i tl Y!�rI'1'siy` {t+11� `^ L`4a 1 I I•:.�a II. ; - �: —r= 111111 7 ! +1 I� ftI fill t (7 S IVArC W NSL!ll AV i�f�q� J ' •�1j`,Y•il1'i�`rr•{��rirwik�J..IJ tt1 I��s rt r I I�r !> ' � X17-�w�rtl �� . � � —�rOnNIA nv�.�// '•��f•,�PASrn �.rk A �I l�i�n/i I COMPANY LETTERNY GENERAL AGENTS INS CO OF AMERI _ ___ COMPANY INSURED LETTER B Cocoa Beach Area Chamber of Commerce COMPANY `. 400 Fortenberry Road LETTER Merritt Island, FL 32952 COMPANY D LETTER COMPANY E LETTER THIS IS O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTIA11THSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTRLIMITS ', DATE (MM/DD/YY) DATE (MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE$ 1,000,000 X COMMERCIAL GENERAL LIABILITY GPP58685501 01/29/97 01/29/98 PRODUCTS-COMP/OPAGG. $ 1_,000,000 CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNERS &CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000,000 X _PREMISES/OPERATIONS FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Anyone person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE $ LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ `EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM EACH F $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER DESCRIPTIONOF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Special Event for Wednesday Friendsday July 2,1997 STATUTORY LIMITS EACH ACCIDENT $ DISEASE --POLICY LIMIT S DISEASE --EACH EMPLOYEE $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Cape Canaveral MAIL to DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Po Box 326 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Cape Canaveral, FL 32920 LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE ACORD�, CERTIFICATE' OF LIABILITY INSURANCE CSR BB DATE`MMIDDNY) COCOAl205/29/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MacMillan -Buchanan Ins. Agcy. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COCOA FL 32923-1000 COMPANIES AFFORDING COVERAGE Deborah F. Hewell COMPANY PnoneNo. 407-636-6221 Fax No.407-631-6326 A Acceptance Corporation INSURED ---- -�---- COMPANY B Cocoa Beach Area Chamber COMPANY Of Commerce C 400 Fortenberry Road Merritt Island FL 32952 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DDNY) POLICY EXPIRATION DATE IMM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS - COMP/OP AGG $ CLAIMS MADE 1:1 OCCUR PERSONAL & ADV INJURY $ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACH OCCURRENCE S AGGREGATE $ UMBRELLA FORM OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION ANDWC STATU- OTH EMPLOYERS' LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ INL PROPhil, I UH; INCL PAAARTNERS/NERSlEXECUTIVE EL DISEASE - POLICY LIMIT S EL DISEASE - EA EMPLOYEE $ OFFICERS ARE: EXCL OTHER A Liquor Liability GLA182472 09/10/96 09/10/97 Ea.Cause $1,000,000 Special Events p Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS July 2, 1997 Wednesday Friendsday CERTIFICATE HOLDER CANCELLATION CITY OF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Canaveral 10 Kim McIntre DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P O Box 326 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Cape Canaveral FL 32920 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AWS"IZED REPRESENTATIVE �-/N f�...�, ACORD 25-S (1/95) ©A RD CORPORATION 1988 ITEM FOR JUNE 3, 1997 CITY COUNCIL AGENDA MEMORANDUM DATE: TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: COMMERCIAL DEVELOPMENT BOARD SUBJECT: WEDNESDAY-FRIENDSDAY BUDGET At the April 16, 1997 meeting of the Commercial Development Board, members recommended that a budget of $2,000 be established for the July 2, 1997 Wednesday-Friendsday event, of which $500 would be funded by the Commercial Development Board. Thank you for your consideration of this recommendation. Also add: City Council to waive condition regarding consuming alcoholic beverages on city property. Also add: what exactly the alcoholic beverages will be; ie., beer, wine and mixed drinks OR beer and wine Meeting Type: Regular Meeting Date: 06-17-97 AGENDA Heading Considerations Item 6 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ADDENDUM TO SEWAGE FRANCHISE AGREEMENT WITH THE CANAVERAL PORT AUTHORITY DEPT./DIVISION: WWTP/PUBLIC WORKS Requested Action: That the City Council consider approval of an addendum to the sewage franchise agreement accepting maintdnance and operations of the new Glen Cheek Drive sewage lines and lift station. Stunmary Explanation & Background: This would be an addendum to the existing agreement that expires on 04/22/2000. See attached addendum for details. Approval of this addendum will allow the city to approve the FDEP Certification of Completion form. Exhibits Attached: Addendum; FDEP Certification of Completion City Manager's Office Department WWTP/PUBLIC WORKS g: �tmycdog�(1617- ag.doc j' ADDENDUM TO SEWAGE FRANCHISE AGREEMENT This addendum to the Sewage Franchise Agreement dated April 22, 1970 between the City of Cape Canaveral, Florida, a municipal corporation under the laws of the State of Florida, hereinafter referred to as "City," and the Canaveral Port Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter referred to as "Port." WHEREAS, the Port has modified the sewerage system in the area of Glen Cheek Drive by adding a lift station and replacing portions of the existing force mains with a gravity collection system as indicated on BRPH drawings C-2, C-3, C-4, C-5, C-6, C-7, C-9, C-10, C-12 and E-9, Titled "Improvements to Glen Cheek Drive Project #3558.05.09" and WHEREAS, the plans for these modifications have been reviewed by the engineers for the respective parties per the terms of the Franchise Agreement; and WHEREAS, the Franchise Agreement requires that such increments or modifications be the subject of negotiations and formalized by a supplement to the Franchise Agreement. NOW, THEREFORE, IT IS AGREED as follows: 1. The City agrees to maintain and operate the increments and modifications indicated on BRPH drawings C-2, C-3, C-4, C-5, C-6, C-7, C-9, C-10, C-12 and E-9, Titled "Improvements to Glen Cheek Drive Project #3558.05.09." City of Cape Canaveral and Canaveral Port Authority Sewage Franchise Agreement Addendum No. 1 2 2. The Port agrees to pay the expense of training City personnel on lift station operating procedures and electrical power for the pumps at the new lift station. These modifications will be subject to all applicable portions of the Franchise Agreement and all other provisions of the franchise agreement not amended by the addendum shall remain in full force and effect. APPROVED by the Canaveral Port Authority at its regular meeting on the day of , 1997, with the undersigned officers executing this Agreement as the duly authorized act of the Canaveral Port Authority. ATTEST: ,SECRETARY (Corporate Seal) CANAVERAL PORT AUTHORITY Ralph Kennedy, CHAIRPERSON APPROVED by the City of Cape Canaveral at its regular meeting on the day of , 1997, with the undersigned officers executing this Agreement as the duly authorized act of the City of Cape Canaveral. ATTEST: Sandra Rozar Sims, CITY (Corporate Seal) CITY OF CAPE CANAVERAL John K. Porter, MAYOR D:\cityclerk\CityClk\CONTRACTGntrlocl\Addendum No. 1 to Port Sewage Franchise Agmt.doc G-11-1997 1:37PM FROM AMARI.THERIAC,EISEN 407 639 6690 LAW OFFICES AMARI, THERIAC & EISENMENGER., P.A. httormys sad ComaseIM At Law Malin" Square 96 WAUrd Stmt, Snjte 302 P.O. 1807 Cauca, Ravi" 32 1W Telephone (4" 63 43" Fax (407) 63?-6690 --------T-- xmpewi4 P1axa "13x04 6769 N. Wk tsnt Rnad Melbmrw, FWdt+u32W Telephone (4n 23 -6611 Fax (407129 -W4 R%hard S. Amari Kohn Bekuett Robert R. Berry Bra* Roger Betiim, Sr. Gregory W. ab-mtenm Cavia Nedey Freitag Anthony A. Garganeae MitchtZ S. Goldman George E. Hn dit J. Wesky 110wze, Jr. Burk S. Peters David M. Presn" 3amem S. Therorc, III )Replly T& Co—T-0-B" TO: Bennett C. Boucher, City Manager P_ 4 FROM: Kohn Bemett, City Attorne DATE: June 11, 1997 RE: Addendum to Franchise Agreement/Port Authority Pursuant to your request, I have reviewed the proposed Addendum to Sewage Franchise Agreement with the Port Authority, and I suggest the following changes be matte: (1) In connection with Paragraph 2, 1 believe it should better define the training of City personnel so as to avoid any future misunderstandings with the Port regarding the paying of these expenses. (2) With reference to Paragraph 3, it should state that all other provisions of the Franchise Agreement not amended by the Addendum shall remain in full force and effect. Additionally, it r:aight be advantageous to state somewhere in the Addendum that the terms of this Addendum are subject to the termination of the Franchise Agreement as stated in the City's earlier notice. If you have any questions, please do not hesitate to contact me. KB/edr 06/11/97 13:37 TX/RX NO.0311 P.004 N Domestic Wastewater Collection/Transmission Systems Certification of Completion of Construction INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collec. tionitransmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks must be filled. Construction Permit No.: CS05-256460 Dated: 9/9/94 Name of Project: Improvements to Glen Cheek nri 7C Name of Owner: Canaveral Port Authority Name of design engineer and Florida registration number (if different from engineer signing certification): Date(s) of connection to existing system or treatment plant: Treatment plant serving project Name: City of Cape Canaveral WWTP County: Brevard City: Cane Canaveral DER identification number (also known as GMS identification number): T)009-1 791RR Substantial deviations from the approved plans and specifications (attach additional sheets if required): NO SUBSTANTIAL DEVIATIONS Page 1 or 3 Nonn.ep [Mn,ct Norslaap pnrtl SouoN`aat Dvr¢: South dorcl Soumwa Dore G--,Cwr»er 7625 aav^yaoows vwv. Suaa 8200 3319 Magus BNC Surra 232 a520 Oak Far &o 2295 VrC w A a . Supe 362 1900 S Corgreaa Ave.. Sure A Panaacaa. Fgnea 32501.5794 Jackao—e. FWa 322567577 Onaw Fpr.pa 326 03 3767 Tampa F-,.ry 336107347 F 60«;66300 Fon Miers bnw 33901 Nbat ppm Baacn FwrrOa 33406 90 -446 4300 407-694.7555 tl13-6206100 613332.6975 407y332650 3558. 05'.310 �. I OE F Fm' . 17EO4900(21 Dornaatk: wasu.raer CdraakxJTranamras.o^ Florida Department of Environmental Regulation Tae syiars un of --p1 CpnslrvOro �• ,� /- i.y Twin Towers Office BIdF. • 2(700 Blair Stone Road • Tallahassee. Florida 32399-2400 June ' 1992 En° ' e J7Uf OF n01a'C" I DER *00kCMt— NC 1F.,ep ,n a DEP Domestic Wastewater Collection/Transmission Systems Certification of Completion of Construction INSTRUCTIONS: This form is to be completed and submitted to the Department, prior to placing the system into operation. A collec. tionitransmission system should not be placed into operation without prior Department approval. All information is to be typed or printed in ink and all blanks must be filled. Construction Permit No.: CS05-256460 Dated: 9/9/94 Name of Project: Improvements to Glen Cheek nri 7C Name of Owner: Canaveral Port Authority Name of design engineer and Florida registration number (if different from engineer signing certification): Date(s) of connection to existing system or treatment plant: Treatment plant serving project Name: City of Cape Canaveral WWTP County: Brevard City: Cane Canaveral DER identification number (also known as GMS identification number): T)009-1 791RR Substantial deviations from the approved plans and specifications (attach additional sheets if required): NO SUBSTANTIAL DEVIATIONS Page 1 or 3 Nonn.ep [Mn,ct Norslaap pnrtl SouoN`aat Dvr¢: South dorcl Soumwa Dore G--,Cwr»er 7625 aav^yaoows vwv. Suaa 8200 3319 Magus BNC Surra 232 a520 Oak Far &o 2295 VrC w A a . Supe 362 1900 S Corgreaa Ave.. Sure A Panaacaa. Fgnea 32501.5794 Jackao—e. FWa 322567577 Onaw Fpr.pa 326 03 3767 Tampa F-,.ry 336107347 F 60«;66300 Fon Miers bnw 33901 Nbat ppm Baacn FwrrOa 33406 90 -446 4300 407-694.7555 tl13-6206100 613332.6975 407y332650 3558. 05'.310 DER Fon" t7�ossoo(2J . w•ww.ar. r•rrvnrwn Fvm 1a. SY§Wr C•ct d C TMNgb n d C«,wn,mon E Wm. .n JU M 1, 1402 DER APOCMOo No �Fw.o m py DER, C. Professional Engineer Registered in Florida (where required by Chapter 471, F.S.) as to Operation and Maintenance Manual This is to certify that the operation and maintenance manual for these wastewater facilities has been prepared or examined by me, or by an individual(s) under my direct supervision, and that there is reasonable assurance, in my professional judgment, that the facilities, when properly maintained and operated in accordance with this manual, will function as intended. N/A Signature of Engineer Date (Affix Seal) Name (please type) City Telephone No. pany Name pany Address D. Operation and Maintenance Authority of the Treatment Facility Approving Connections Florida Registrati6n No. Zip I certify that connection(s) to the wastewater treatment facility which we operate and maintain have been completed to our satisfaction. Signed: Date: Be� nnett B c qr Ci y Manager Name: Pfrctrae}-G-�� --� Title: Pub�rr-T•orks--D-ircctror Company Name: City of Cape Canaveral Address: P • 0. Box 326 City: Cape Canaveral, FL Telephone No.: 407/868-1240 Pape 3 d 3 Meeting Type: Regular Meeting Date: 06-17-97 AGENDA Heading Considerations Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL . SUBJECT: SECOND AMENDMENT TO THE INTERLOCAL REUSE AGREEMENT WITH THE CITY OF COCOA BEACH DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of this second amendment to the Interlocal Reuse Agreement with the City of Cocoa Beach to change the distribution from 750,000 GPD to 650,000 GPD. Summary Explanation & Background: This item was agreed upon in our joint meeting with the City of Cocoa Beach. This would allow the city to enter into a reuse water agreement with the Canaveral Port Authority. I recommend approval. Exhibits Attached: Second Amendment City Manager's Office Department LEGISLATIVE g: \edmin\—wi1V—Ring\0617-9711cuec.doc SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS AMENDMENT is entered into this _ day of , 1997, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation ("Cape Canaveral"), and the CITY OF COCOA BEACH, FLORIDA, a Florida municipal corporation ("Cocoa Beach"), as follows: WHEREAS, Cape Canaveral and Cocoa Beach entered into that certain Interlocal Agreement dated April 6, 1994, recorded in Official Records Book 3382, Page 2717 of the Public Records of Brevard County, Florida ("Interlocal Agreement"); and WHEREAS, the parties desire to amend the Interlocal Agreement as hereinafter set forth. NOW, THEREFORE, the parties hereto agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated by reference. 2. Paragraph 8, Distribution Amount, is hereby amended to include a change in the distribution amount from 750,000 gallons per day to 650,000 gallons per day. above written. ATTEST: IN WITNESS WHEREOF, the parties have set their hands and seals on the date first CITY OF CAPE CANAVERAL By: Sandra O. Sims, CITY CLERK John K. Porter, MAYOR ATTEST: CITY OF COCOA BEACH Loredana Kalaghchy, CITY CLERK D:\cityclerk\CityClk\RES\CONTRACT\REUSE 2ND AMENDMENT.DOC Joseph R. Morgan, MAYOR Meeting Type: Regular Meeting Date: 06-17-97 AGENDA Heading Considerations It= 8 No. to 6 weeks to complete the installation. The proposal is in line with our project budget. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SOLE SOURCE PURCHASE OF STORM SHUTTERS DEPT./DIVISION: PUBLIC WORKS Requested Action: \ That the City Council approve the purchase of storm shutters for city hall, annex and recreation building. Summary Explanation & Background: Per the attached information from the public works director, the proposal from Roll Clean Shutters is $31,985 with electrical costing approximately $2,000. The public works director is requesting this as a sole source purchase because Roll Clean is the only manufacturer for this area, we are in hurricane season, and it will take 4 to 6 weeks to complete the installation. The proposal is in line with our project budget. I recommend approval. i Exhibits Attached: Public Works Director's memo dated 06-11-97; Pro sal City Manager's Office Department PUBLIC WORKS I-, in, \0617-9T%shatmnAoc M E M 0 R A N D U M DATE: June 3.1, 97 TO: Bennett C. Boucher City Manager FROM: Ed Gardulskis-' Public Works Director SUBJECT: City Council Agenda Item Storm Shutter Purchase or I �--V -�A I-) I tl 0 17 - 15 j1, ij, e I -T1 )MFI) i 11 i tf-! r i; _v, EXPENDITURE CATEGORIES Cash In-kind Total EMPA Total Match Services Grante Award Project Match e Cost Cost 1. SALARY AND BENEFITS $500 $500 $500 A. Procurement Labor Costs 2. OTHER PERSONNEL/ $ 500 $500 $500 CONTRACTUAL SERVICES 3. ADMINISTRATIVE $100 $100 $100 EXPENSES 4. EXPENSES 5. OPERATING CAPITAL $39,163 OUTLAY $ 6,500 A. 10 KW generator B. Storm Shutters $18,211 1. City Hall $ 4,046 2. Annex $10,406 3. Recreation Building 6. FIXED CAPITAL OUTLAY TOTAL EXPENDITURES $1,100 $1,100 $39,163 40,263 PERCENTAGES 0% 2.7% 2.7% 97.3% 100% 1. Salary and Benefits: This is the cost associated with procurement advertisement and selection process. This task will primarily be conducted by the City Manger This includes a fringe benefit cost of 30%. This will represent the City Manager's time associated with the procurement and contracting process 2. Other Personnel/Contractual Services: This is an estimate of the time necessary for the City staff to ensure capability of the generator and shutters provided by the vender(s) for the proposed uses. Additionally this represents the time staff requires to be trained in the proper use and maintenance of the equipment. 3. Administrative Cost: This represents the anticipated cost associated with advertising for the generator and shutters. 4. Operating Capital Outlay: Portable 1OKW generator and storm shutters for three City facilities. Price quotes have been received which were used to determine the budget. 13 4JE-11-;95r X13: 6Pt RCILL C_EWI SHLITTD =: 1 1l7? a'� cSLl`_1 1 '.U_ ROLL CLMN S]FKUIMMS 8085 N. ATI.WMC AVE. CAM CWVAvVxAt* M89920 TMA 4M-790-0515 FAQ 407-799-8"5 Jwic 11, 1997 City of Cape Canaveral, 6W Tower Blvd. BoxS2h, Cape Canaveral, Fl. 82(,W-0326 Attention: Mr. Ed. Cx8wdulski PublicWorks Director Gentlemen: Our quotAtion covers ttdro types of shutters. Roll. I:p 48 mm ]Foam Filled Aluminum slat. motorized and gear operated (manual) and A.ccordiwl- shutt,ers with B/B Blade. Color is to be selected. Pincers are listed for each building. Tates Iler ,4,9,c-4,eief�and installed pricing. A -- Terms to he arranged at time of receiving order. Note: Electrical work is to be done -by othem Trusting this meets with your requirements. Yours very truly, ROLL CLEAN HU MRS, A'am Gibson. wwg/cg enols. TGTPL F.01 06-11-_�97 23:31.1pr PULL +_'-t 41 5HI_ITTEF 1 40-1 79= BE'Ij`_. 1 Cl'i'Y Orta: Opening Descriptioli. 12o11Up Motorized — NG-.- - - mrn Foam Erred I. Front door, 150' .�0$" 2336.00 4 storm bars 300.00 2. Window, 54"xI08", bu:dd out 1094.00 €3/4/6 TOTAL ..... boll Up U mm Foam Filled aluminum $18,471.8 . C14 TLTHL P.04 Window, 54"xlo8", each at $1067.00 3201.00 b. Door, 4o"xllB,, 941.00 7. Window, 67'x103" 1172.00 8, Door, 55"x112" 1102.00 9. Door, 541,x103" 1047.00 10/11/12/14/15/16 Window, .594"x103" each at. ,$1067.00 6 (42.00 13. .Door, 40"x112" 916-04 TOTAL ..... boll Up U mm Foam Filled aluminum $18,471.8 . C14 TLTHL P.04 2 Pf'' ROLL ('LEHd SHUTTER=, .RollUp 43 min. Foy Elled.. 1. Door, 95"-�t95" Motorized with B -MO $ 1430.00 2/3/4/5/13/14/15/16 W endow. 70":&V' ACCORL)I1 '1' Sl--TLJT MRS Inside windaws - $169.00 each 1352.00 6. Door, 75"x96" 'Motorized with BNIO 1250.00 7/8/9/10/13 Window, 47"x48" Roll Up CTcaur 1960.00 $392.00 each 12. Duor, 75"x96'', Motorized 1150.00 P,Gt_ ROLL _-EHk ShUT': ER- r; ^❑_ - 1 4t ROLL LT V MM FOAM Fi LT,F 1. Door, 55"x96" HMO motor 1129.00 2. Window, 55"x91 " 955.00 3. Window.55"x98" 994.00 4. Window, 55"x92" %8.00 .5/6 Window, ndow, 39-1/2"x72-1/2" 1754.00 at $787.00 .00 ea.. 7. W.Wdow, 39-1/2".x,65" 752.00 Meeting Type: Regular Meeting Date: 06-17-97 AGENDA Heading Resolutions Item 9 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-17, REQUESTING THE CANAVERAL PORT AUTHORITY AND THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL PROVIDE A LOCAL DEDICATED FUNDING SOURCE FOR BEACH RENOURISHMENT DEPT./DIVISION: LEGISLATIVE Requested Action: Thai the City Council approve this joint resolution with the City of Cocoa Beach. Summary Explanation & Background: This item was requested at our joint meeting with the City of Cocoa Beach. The resolution requests that the Canaveral Port Authority and the Brevard County Tourist Development Council each provide a local dedicated funding source in the amount of $2,500,000 every (6) years. I recommend approval. Exhibits Attached: Resolution No. 97-17 City Manager's Office Department LEGISLATIVE g:\adminkamcillmwAing10617-97197- l7.dm RESOLUTION NO. 97-17 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CITY COMMISSION OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, REQUESTING THAT THE CANAVERAL PORT AUTHORITY AND THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL PROVIDE A LOCAL DEDICATED FUNDING SOURCE FOR BREVARD COUNTY BEACH RENOURISHMENT. WHEREAS, the City Council of the City of Cape Canaveral and the City Commission of the City of Cocoa Beach agree that a local dedicated funding source is needed to provide adequate and timely renourishment of our beaches; and WHEREAS, the Council and Commission agree that a local dedicated funding source for beach renourishment will allow orderly, long-term planning of projects; and WHEREAS, the Council and Commission agree that a local dedicated funding source will allow full implementation of Port Canaveral Inlet sand by-passing, thereby increasing the longevity of beach renourishment projects; and WHEREAS, the Council and Commission agree that inadequate State and Federal funding has prevented the renourishment of our beaches; and WHEREAS, the Council and Commission agree that our beaches are experiencing critical erosion, creating a situation which is hurting local tourism and storm protection for our coastal properties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cape Canaveral and the City Commission of the City of Cocoa Beach request that: Section 1. The Canaveral Port Authority provide a local dedicated funding source in the amount of $2,500,000 every six (6) years to partially fund the renourishment of our beaches. Section 2. The Brevard County Tourist Development Council provide a local dedicated funding source in the amount of $2,500,000 every six (6) years to partially fund the renourishment of our beaches. Section 3. A copy of this Resolution shall be provided to The Canaveral Port Authority, The Brevard County Tourist Development Council and The Brevard County Board of County Commissioners. City of Cape Canaveral Resolution No. 97-17 June 17, 1997 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of June, 1997. ATTEST: Sandra Rozar Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY John K. Porter, MAYOR FOR BURT BRUNS TONY HERNANDEZ BUZZ PETSOS JOHN PORTER ROCKY RANDELS AGAINST ADOPTED BY the City Commission of the City of Cocoa Beach, Florida, this day of June, 1997. ATTEST: Loredana Kalaghchy, CITY CLERK APPROVED AS TO FORM: William E. Weller, CITY ATTORNEY d:\cityclerkk\cityclk\res\beach renourishment funding.doc Joseph R. Morgan, MAYOR FOR WILLIAM ALLEN ADRIANNE DILLON JOSEPH MORGAN MARY JANE NAIL BARBARA STEVENS AGAINST Meeting Type: Regular Meeting Date: 06-17-97 AGENDA REPORT AGENDA Heading Resolutions Item 10 No. City Manager's Office CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-18, ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council approve the proposed 2.8 % rate increase for garbage and trash collection service. Summary Explanation & Background: This is a requirement of our contract and the rate increase will be effective 07-01-97. Exhibits Attached: Resolution No. 97-18• USA Waste of Florida'a letter dated 05-27-97 City Manager's Office Department LEGISLATIVE g:\a&nin\cmm-d\m ting\06-17-9T97-18.doc RESOLUTION NO. 97-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 62-5 of the Code of Ordinances of the City of Cape Canaveral provides for the establishment of a rate schedule for garbage and trash removal; and WHEREAS, there is an agreement between the City of Cape Canaveral, Florida, and Western Waste Industries, Inc., dated September 19, 1989, which provides for reconsideration of the schedule of charges based upon the adjustments and any change in the Consumer Price Index to a maximum of ten percent (10%); and WHEREAS, the Consumer Price Index for the previous year has changed and increased overall by 2.8%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Rate Schedule in Resolution No. 96-25 is hereby modified with, and the following rate schedule for garbage and trash removal is hereby established: a. Single family, duplex and triplex............................................................................ $ 8.71 per unit per month b. Mobile home units and individual apartments or condominiums................................................................................. 5.88 per unit per month C. Individual commercial business accounts with trash cans........................................................................................ 10.85 per unit per month d. Commercial dumpsters used by commercial business, apartment complexes and condominiums...............................................................................27.01 per con- tainerized yard per month D:\cityclerk\CityClk\RES\FRNCHSE\GARBAGE RATE INCREASE.DOC City of Cape Canaveral, Florida Resolution No. 97-18 Page 2 e. Special collection services - in addition to the normally provided twice weekly service for commercial dumpsters as provided in paragraph "d" above....................................................................... 3.86 per con- tainerized yard per pick-up f. Recycling Service...................................................................................................... 2.13 per dwelling unit SECTION 2. Savings Clause - If any provision, paragraph, word, section or article of this resolution is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 3. This Resolution shall become effective July 1, 1997. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of June , 1997. RANDELS D:\cityclerk\CityClk\RES\FRNCHSE\GARBAGE RATE INCREASE.DOC John K. Porter, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAMEFOR AGAINST BRUNS APPROVED AS TO FORM: I IERNANDEZ _ PETSOS Kohn Bennett, CITY ATTORNEY PORTER RANDELS D:\cityclerk\CityClk\RES\FRNCHSE\GARBAGE RATE INCREASE.DOC USA WASTE OF FLORIDA May 27, 1997 City Treasurer City of Cape Canaveral 105 Polk Ave. P.O. Box 326 Cape Canaveral, FL 32920-0326 Re: CPI Rate Increase Due 7-1-97 --- Residential & Recycle CIN BIN x March 1994 Contract Price (CIN) Current Index Number, All Cities (CPI -U) March 1997 - 160.0 (BIN) Base Index Number, All Cities (CPI -U) March 1994 - 147.2 3303 Lake Drive P.O. Box 3803 Cocoa, FL 32922-3803 (407) 636-8132 (407)632-3078 Fax Rate Current Category Formula Proposal Rate % Increase Single Family, Duplexes & (160/147.2) x $8.01 $8.71 $8.47 2.8% Triplexes Mobile Home Units & Individual (160/147.2) x $5.41 $5.88 $5.72 2.8% Apartments or Condos Single & Multi - Family Recycling (160/147.2) x $1.96 $2.13 Please rev;ew and call me if you have any questions. Sincerely, Tracy Griffin District Controller cc Tim Fadul, District Manager A subsidiary of USA Waste Services, Inc. $2.07 2.8% A& USA WASTE OF FLORIDA A USA WASTE SERVICES COMPANY May 27, 1997 City Treasurer City of Cape Canaveral 105 Polk Ave. P.O. Box 326 Cape Canaveral, FL 32920-0326 Re: CPI Rate Increase Due 7-1-97 --- Commercial CIN BIN x March 1993 Contract Price (CIN) Current Index Number, All Cities (CPI -U) March 1997 - 160.0 (BIN) Base Index Number, All Cities (CPI -U) March 1993 - 143.6 3303 Lake Drive P.O. Box 3803 Cocoa, FL 32922-3803 (407) 636-8132 (407) 632-3078 Fax Rate Current Category Formula Proposal Rate % Increase Individual Commercial Business (160/143.6) x $9.74 $10.85 $10.56 2.8% Accts. with Trash Cans Commercial Dumpsters Used by a Business, (160/143.6) x $24.24 $27.01 $26.28 2.8% Apartments or Condos Special Collection on Dumpsters (160/143.6) x $3.46 $3.86 Please review and call me if you have any questions. Sincerely, 4Trac/y Gn In District Controller cc Tim Fadul, District Manager A subsidiary of USA Waste Services, Inc. $3.75 2.8% Meeting Type: Regular Meeting Date: 06-17-97 AGENDA Heading Ordinances 2nd Reading Item 11 No. optics. _ AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-97, AMENDING THE OFFICIAL ZONING MAP BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 TO M-1 DEPT./DIVISION: LPA/P&Z Requested Action: That the City Council consider the approval of Ordinance No. 02-97, amending the official zoning map by changing the classification of certain property from R-3 to M-1. Summary Explanation & Background: The existing property is currently zoned R-3 with an office building. The request is made to make the zoning conform to the current use of the property. A 600 square foot addition is planned to house electronics and fiber optics. _ P&Z and the LPA recommended approval. The City Council will hear from the applicant as to why this request for rezoning should be approved and any rebuttal evidence as to why this request should not be granted. Exhibits Attached: Ordinance No. 02-97/DAI letter of 01-31-97/Staff Re rt of 02-05-97 City's Office -t Department LPA/P&Z -'g:'�admiu�oamcil�mxting�0.5-249T0�97.doc ORDINANCE NO. 02-97 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 M-1 (LIGHT INDUSTRIAL 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. WHEREAS, the Land Planning Agency ("LPA) and the Planning and Zoning Board ("P&Z") of the City of Cape Canaveral, Florida, has held a public hearing on changes to the zoning classification on the property indicated below; and WHEREAS, LPA and P&Z have reviewed the property owner's petition for a rezoning of the property to M-1 (Light Industrial District) and issued a recommendation to approve the rezoning to the City Council; and WHEREAS, the public was heard at a regular meeting of the City Council on the petition requesting changes indicated below and, after full discussion, the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification; and WHEREAS, the City Council, based on the reasons and findings stated in the analysis and recommendation of the staff, has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as described in Section 110-245, Official Zoning Map, is hereby amended to include a change of classification from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) for the property legally described as: See Exhibit "A' Attached Hereto SECTION 2. That the development of the property as described in Exhibit "a" shall be governed by the provision of Chapter 110, regarding the M-1 zoning district, of the Zoning D:\cityclerk\CityClk\ORDINANC\ZONING\TW CABLE.DOC City of Cape Canaveral Ordinance No. 02-97 Page 2 Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions or recodifications thereto. SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 4. Should any section or provision of the Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 5. This Ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: d:\cityclerk\cityclk\ordinanc\zoning\twcable.doc day of 1997. John K. Porter, MAYOR NAME FOR AGAINST BRUNS HERNANDEz PETSOS PORTER RANDELS First Reading: May 6, 1997 Posted: May 7,1 997 Published:(LPA) March 4, 1997 (1st hrg)) April 27, 1997 (2nd hrg) May 11, 1997 (Final hrg) June 4, 1997 Second Reading: May 20, 1997 Final Reading: (tabled to time certain) June 17, 1997 C� Cv n N p� M�-m .,.um�o NOTICE OF ZONING AMENDMENT PUBLIC HEARING The City of Cape Canaveral proposes a zoning amendment to change the classification of certain property located at 210 Center Street, Time Warner Cable Building, from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) in the City of Cape Canaveral. A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT will be held by City Council of the City of Cape Canaveral, on Tuesday, June 17, 1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board and Local Planning Agency by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 02-97 AN ORDINANCE 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 M-1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. 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 manner considered at this meeting, that person will need a record of the proceedings, and that 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 admis- sion into evidence of otherwise inadmissible or irrelevant evi- dence, nor does it authorize challenges or appeals not other- wise. allowed by law. Persons with disabilities needing assis- tance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Sandra Rozar Sims, CMC City Clerk _. FLORIDA TODAY, Wednesda NOTICE OF LAND USE CHANGE The City of Cape Canaveral proposes a first small scale Comprehensive Plan Amendment in the City of Cape Canaveral. - A final PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the City Council of the City of Cape Canaveral, on Tuesday, June 17, 1997 at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 03-97 , AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, 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 AND INCONSISTENT AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Pursuant in 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 admis- sion into evidence of otherwise inadmissible or irrelevant evi- dence, nor does it authorize challenges or appeals not other- wise allowed by law. Persons with disabilities needing assis- tance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Sandra Rozar Sims, CMC f ity Clerk y, June 4, 1997 -B` 3B The Times Published Weekly on Wednesday The Star Advocate Published Weekly on Wednesday The Tribune Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY _,a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF ZONING AMENDMENT PUBLIC HEARING 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of MAY 11, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspac;er has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspape (Signature of Affiant) Sworn to and subscribed before me this 11 - day of MAY "Ry PU OFFICIAL NOTARY SEAL �G LINDA L BRAUD 0 C04M ISWN NUMBER CC640684 r MY COMMISSION EXPIR QQ )F Fl-� MAY 4,2001 Personally Known Type of Identification Produced 1A (Signature of Notary Public) LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) or Produced Identification legal -affidavit e would like the; long more trails Brevard home. i itusville, but if it ie, I'd probably lo, who lives in re Assignment & Dtherinsurance I- Competitive & :OR Comfortable Is Outside! 2de-In Your Old A/C For Up To ;1,102,,\, Cash incentives Offer Ends I 6/30/97 RAN leafing 1 7 -,ja Beach RA0049018 Florida Today staff writer John Tuohy contributed to this report. The owner was found a short time later. NOTICE OF ZONING AMENDMENT PUBLIC HEARING The City 'of Cape Canaveral proposes a zoning amendment to change the classification of certain property from.R-3 (Medium Density Residential District) to M-1 (Light Industrial District) In the City of Cape Canaveral. A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT will be held by City Council of the City of Cape Canaveral, on Tuesday, May 20, 1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board and Local Planning Agency by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO.02-97 AN ORDINANCE 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 M- 1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A 1% PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. 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.;4'", Sandra Rozar Sims, CMC~�,.' City Clerk '; i09511V The Times Published Weekly on Wednesday A The Star Advocate Published Weekly on Wednesday The Tribune Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on h th t h LEGAL ADVERTISING CLERK oat says a s eis of the FLORIDA TODAY Florida; that the attached copy of advertising being a a newspaper published in Brevard County, LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court ORDINANCE NO. 02-97 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of APRIL 27, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said news pm"�A_M (Signature of iant) 27 APRIL Sworn to and subscribed before me this day of is 9 7 (Signature of Notary Public) t �'i:A L 88,�.Cri •:Cri"..R". P': AY•4 ' Personally Known Type of Identification Produced LINDA L. BRAUD (Name of Notary Typed. Printed or Stamped) or Produced Identification legakattidavif 61 a� Ic a: U( Ui r0 PL 11 2250 FRONT STREET • MELBOURNE • 729-6558 NOTICE OF ZONING 'AMENDMENT PUBLIC HEARING The City of Cape Canaveral proposes a zoning amendment to change the classification of certain property from R-3 (Medium Density Residential District) to M-1 (Light Industrial District) in the City of Cape Canaveral. A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT will be held by City Council of the City of Cape Canaveral, on Tuesday, May 6, 1997, at 7:00 P.M. in the City Hall Annex, III Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board and Local Planning Agency by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 02-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110- 146, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY, FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND IN CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 3:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will 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. Sandra Rozar Sims, CMC City Clerk Instant Rebate! All, R�11 79919.11'. Sauder Mobile Computer Center • Pull -,nu kcykmi l .hrlI • I'I.iuonnh %ik hui:h Wade to : mhk 365-809 List 121.95 'Offer good with purchase of Sauder Mobil, thru 514197. See store for details.' t- • $20 Instant Rebate:, 91hat' 7 9 a, hat, O'Sullivan Fan Desk • >h r.i c 1llhlnd 1,11 dool. lily drattrr n, • Itradt- t.J :b9inthlC 120.9811 (bt 214.99 'Offer good with purchase of O'Sullivan Fa See store for details. $20 Instant 7�9 Itrh.u: Ergonomic Fully Adjustable Chair • 1'nrum:ntc 6h • )Ncr,ixd ,c:u and haA cushions • I I"on"1111calk >t\ cd loop Alm, • Manu:d adlu>IIII nt "d h-tck lI ,ht .Ind firey 527-275 Blue 527-267 Burgundy 527-283 List 153.12 -Offer good with purchase of Ergonomic Fully Ads, Chair in gray (527-275). burgundy (527-283) or r 527-267) only. Offer good from 4/27197 thru 5;4 ee store for details. krl Free The Times The Tribune �' Published Weekly on Wednesday Published Weekly on Wednesday f a f ; L R The Star Advocate Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY _,a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF ZONING AMENDMENT PUBLIC HEARING 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of MARCH 4, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspape . (Signature of Afflant) Sworn to and subscribed before me this 4 day of 19 97 Personally Known Type of Identification Produced (Signature of Notary LINDA L. BRAUD MARCH (Name of Notary Typed, Printed or Stamped) or Produced Identification • legal -affidavit ` 1401 C I¢drlake Rd. • t Across from office Depot — located at is Piaza . NOTICE- OF ZONING `' ` NOTICE-OF ZONING AMENDMENT PUBLIC HEARING. `Brevard county Board, o � propro poses , to 'adopt the{ follow • The, City of Cape Canaveral proposes a zoning amendment to change below. A'publie hearing to cons the classification of certain property from R-3 (Medium Density held during the Board Of Count} Residential District) to M-1 (Light Industrial District).in the City of on March 11," 1,997 beginni; Cape Canaveral. Commission Chambers,'`1 st f: , ' A PUBLIC HEARING on thePROPOSEDZONING AMENDMENT County Government Center, 27 ;w;111 be held by the Local Planning .Agency of the City. of Cape Way, Viera, Florida to eonsidei CAaveral, on Wednesday, March 12,1997, at 7:00 P.M. in the City Hall below. Interested parties may ;Aamex,111 Polk Avenue, Cape Canaveral, Florida. be heard with. respect to the prc !jh,'Local Planning Agency will consider the recommendations made AN ORDINANCE AMEN[ t��Ihe , City of Cape Canaveral Planning and Zoning Board by "LAND DEVELOPMENT R! IV.i?wmg the following proposed amendment to the City's Code of OF ORDINANCES OF Dnances: FLORIDA; AMENDING ART ORDINANCE NO. 02-97 - SUBDIVISION III, "COI AN ORDINANCE !.OF THE CITY OF CAPE CANAVERAL, SPECIFICALLY AMENDII\ FLORIDA, AMENDING -.THE OFFICIAL ZONING MAP AS "TOWERS AND ANTENI DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY ADDITIONAL CONDITIOI CHANGING THE _CLASSIFICATION OF CERTAIN PROPERTY CIRCUMSTANCES WHEF FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M- USE PERMIT IS NOT RE, 1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT FOR LOCATION OF ANTE "A"; PROVIDING FOR . CONDITIONS OF APPROVAL; STRUCTURES, PROVIDIN( PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT PROVISIONS; PROVIDING ORDINANCES AND RESOLUTIONS; PROVIDING FOR PROVIDING FOR INCLUSI, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. COUNTY CODE; ANC A copy of the proposed ordinance and map is on file in the Office of the EFFECTIVE DATE. City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 3:00 p.m. Copies of the request to be co. at the following public libraries: Interested parties are invited to attend this meeting and be heard. Any Central Brevard (Cocoa), Coc person who decides to appeal any decision made with respect to any Melbourne, DeGroodt (Palm B matter considered at this meeting will need to ensure that a verbatim the request are also available record of the proceedings is made; which record includes the testimony County Managers Office, 3rd ,and evidence upon which the appeal is to be based. County Government Center, 2. Sandra Rozar Sims, CMC Way, Viera, Florida. City Clerk LOCATION MAP If a person decides to appeal i board, agency, commission w' s ;��.��,��.•• considered at such meeting c �. •:. - = need a record of the procee( he purposes, or she may need record of the proceedings is mz the testimony and evidence ur be based. Persons seeking to preserve 'a record must make those arr expense. The needs of the hearing or >' shall be met if the dep meeting/hearing is contacted the public meeting/hearing ..� assistance. Per: Richard D Enos, 2 Brevard County Gover( 2725 Judge Fran Jami( Viera, FL 32940 (497)633-2070 �Cc;Gv�mGCV�aDU�v)Vom CNDC�m 73nD��3 z�O�➢��vOam`r>70ITA 7n0 nDD�O�� >Co 7D VnU� rn� 71 :;E z 73 pz_ mGn_ m 771 73TI m 71�D,--,ZOO n-- Dz7,�,`�� mmm�z -T, DG��'��'��,azn0 (:o IT z�mc�zV�C� T O FJ T z --A O O713- TD X700 ��0 T c3 Tj- � -�z�7 p m m — 7- O Aa"DROOR & ASSOCIATES INC. (407) 253-8233 .i1 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 FAX (407) 253-4988 January 31, 1997 Project 95052 G.J. Moran City of Cape Canaveral Building Department 105 Polk Avenue - _ P.O. Box 326 Cape Canaveral, FL 32920 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: With this letter we would live to apply for rezoning of the above referenced project from R-3 to a M-1 Zoning. In the past 20 years the zoning was changed to an R-3 Zoning without wing any consideration for the future use of the property. y The existing building (151 Phase) was constructed approximentaly 30 years ago, and at the present time its being used as an office building which is a non -conforming use of the present zoning. The reason for the change of zoning is to construct a 600 S.F. Unmanned Equipment Building to house electronics and fiber optics. Change of zoning from R-3 to M-1 would allow construction of the 600 S.F. Unmanned Equipment Building which is required to serve the neighborhood with their cable and programming needs andit would allow the property to conform to current zoning. We hope the above request of the zoning change meets with your approval. have any questicu�--' CC: Bob Sell, TWC Please call if you 95052 WHTSAM Civil & Structural Engineering Inspections PE 37259 54�E/�L City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 gy �; TELEPHONE 407 783-1100 CITY OF CAPE CWVEM STAFF REPORT: February 5, 1997 TO: Local Planning Agency Members FROM: G. J. Moran, CBO �� Building Official., ✓ SUBJECT: Application For Zoning Designation Change APPLICANT: Time Warner Cable Co. ADDRESS: 210 Center Street APPLICANTS REPRESENTATIVE: Noel Droor, P. E. This request is to amend the Zoning Map designation from a R-3 Medium Density Residential designation to an M-1 Industrial designation. The existing land use map shows this property as commercial use. This property presently is zoned R-3 and abuts -'v1-1 zoning to the East and R-3 zoning to the North, South and West. v The Property is approximately 4/10th. acre in size, has been the existing use sine the early 1970's, was originally constructed as an office building in the 1960's, ands presently classified as an existing non -conforming use and structure in combina>on. Approval of this request would allow the present use by special exception. (Code Sec. 110-315) All fee's have been paid for this request. All advertisement requirements have been met for this request. Staff recommends that the board recommend approval to the City Council. THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING PRINTED ON RECYCLED PAPER ■ 113' Oi S e05' ■ 115' OF 3 805' OF SV 1'A OF !Y 1-i ■ 300 t [�.. ..... - .a [ 7 a • • i x 3 a e 6 7 Or •L -z It OF •O. 2 / / 5 6 /3:0' E571T � M 150' Of 3 155' OF - all i17 ■ . SO' ..i(. I � ■ 37.30' 30 11 ■. 15G' OF S. .N OF }ti. 1 i o1 ■V- 1 a V. OF RD. 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YAC. -" 401i` >: 9 ip 11 12 17 :a /r 9 10 11 12 3./1 L`X 1211.:5 of s ixxsso or ,' _ o'oEsi•tow; �ONNSON AVON TEII'RA CONGO. o c1 -a L; ----i ••sn■z,n• �p �SyEAS • +7 1147,1524 5I ' ARIC8 S1• ,[ n4'I 1 i m W 755 -1 2 [ 6 7 e 1 7 r r lF• S 11 a ;26.25' OF 3 1226.50' OF GL -4 Li _ 3 s ' II OF ST. R0. Ex. 1.150' I 73 OF E 210' a l ss6''y T 0 1091.23' OF a II+ �_ 210' OF SV 10'a E3Nr ■52 b / .9 10 11 12 1 I ISc W I :1 1 10'u ESHT 1064,1005 V OF 3T.= I ' 9 OI1 11I 131 1i 15 A-4s�ifJ71.°7 N1y '0,0, 1. aR.L4T { ![.[t I n" o 1-Y a5 T 6S u. '_ .�. =1 2 3 a a j ' 1 2 7 i s c 7 . o. �6 AC. 77 78 • >L 716 4`T60A- B Y1 111 2 /jlll ll "GL- 3 •�9 10 11 12 SA 1.✓♦1 ) �37i5O✓ ALES; Ea C + C of f •d ' Y t 07.E]I At 7 T}.666 71 �A / U7 #g - #/0 • N// • 10 .0 a f �, GIPf S ARES DO •� 1 •2, 3 4 s � . � 7 � `4 I l a -1 - �- SE6A- P e 2 Meeting Type: Regular Meeting Date: 06-17-97 AGENDA ring Ordinances 2nd Reading Item 12 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-97, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT OF THE FUTURE LAND USE MAP DEPT./DIVISION: LPA/P&Z Requested Action: That the City Council consider the approval of Ordinance No. 03-97, amending the future land use map. Summary Explanation & Background: This small scale comprehensive plan amendment will amend the future land use map for the parcel of land described herein as Exhibit "A". The P&Z and LPA recommended approval. Exhibits Attached: Ordinance No. 03-97/TWC Application City MaeV's Office - -- Department LPA/P&Z j ` g:GdminVcam�.illmxting�0S20.97�0397.doc ORDINANCE NO. 03-97 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 1997 AS PROVIDED IN CPA -97-1, 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. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1988 Plan; and WHEREAS, the City of Cape Canaveral applied for a small scale comprehensive plan amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of land, less than 10 acres, for adoption in the calendar year 1997 as a single amendment; and WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60 acres of small scale amendments; and WHEREAS, on March 12, 1997, the Planning and Zoning Board and the Local Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council that the 1988 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and City of Cape Canaveral Ordinance No. 03-97 Page 2 WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single -hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida Statutes; and WHEREAS, on May 6, 1997, the City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting written and oral comments, and the recommendation of the Local Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of community Affairs; and WHEREAS, the Amendment adopted by the Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference., SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.3184, 163.3187, and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the 1988 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small Scale Comprehensive Plan Amendment CPA -97-1 to the 1988 Comprehensive Plan, the City of Cape Canaveral future Land Use Map is hereby amended as specifically provided in Exhibit "A", attached hereto. SECTION 5. Effective Date and Legal Status of the Plan Amendment. The effective date of this small scale development plan amendment shall be thirty-one (3 1) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective date of this Amendment shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment stated in Section 4 shall amend the 1988 City of Cape Canaveral Comprehensive Plan, as amended. D:\citycletk\CityClk\ORDINANC\ZONING\TW COMPLN. DOC City of Cape Canaveral Ordinance No. 03-97 Page 3 SECTION 6. Transmittal to Department of Community Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11.015, Florida Administrative Code. SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 8. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such section shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 1997. John K. Porter, MAYOR ATTEST: Sandra 0. Sims, CITY CLERK NAME FOR AGAINST APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY D:\cityclerk\CityCWORDINANC\ZONIN G\T W C OM PLN. DOC BRUNS HERNANDEZ PETSOS PORTER RANDELS Posted: Published:(LPA) March 4, 1997 (1 st hrg)) April 27, 1997 (2nd hrg) May 11, 1997 (Final hrg) June 4, 1997 Certified Notices sent to all property owners June 3, 1997 First Reading: May 6, 1997 Second Reading: May 20, 1997 Final Reading (tabled to time certain) June 17, 1997 INCORPORATED AREA OF CITY OF CAPE CANAVERAL Prepared by Office of JIM FORD, CFA - Property Appraiser Geographic Information Services NOTICE OF ZONING AMENDMENT PUBLIC HEARING :ity of Cape Canaveral proposes a zoning amendment to ;e the classification of certain property located at 210 !r Street, Time Warner Cable Building, from R-3 .ium Density Residential District) to M-1 (Light atrial District) in the City of Cape Canaveral. UBLIC HEARING . on the PROPOSED ZONING NDMENT will be held by City Council of the City of Canaveral, on Tuesday, June 17, 1997, at 7:00 P.M. in Aty Hall Annex, 111 Polk Avenue, Cape Canaveral, Ia. Aty Council will consider the recommendations made by ity of Cape Canaveral Planning and Zoning Board and Planning Agency by reviewing the following proposed dment to the City's Code of Ordinances: ORDINANCE NO.02-97 ORDINANCE OF THE CITY OF CAPE CANAVERAL, UDA, AMENDING THE OFFICIAL ZONING MAP AS :RIBED IN SECTION 110-246, OFFICIAL ZONING BY CHANGING THE CLASSIFICATION OF :'AIN PROPERTY FROM R-3 (MEDIUM DENSITY DENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL RICT) AS DESCRIBED IN EXHIBIT "A"; VIDING FOR CONDITIONS OF APPROVAL; VIDING FOR REPEAL OF PRIOR AND ,NSISTENT ORDINANCES AND RESOLUTIONS; JIDING FOR SEVERABILITY; AND PROVIDING kN EFFECTIVE DATE. y of the proposed ordinance and map is on file in the of the City Clerk and may be viewed during regular ng hours, Monday through Friday, 8:30 a.m. to 5:00 ant to Section 286.1015, Florida Statutes, the City v advises the public that: If a person decides to appeal ecision made by the City Council with respect to any :r considered at this meeting, that person will need a I of the proceedings, and that such purpose that person eed to ensure that a verbatim record of the proceedings le, which record includes the testimony and evidence which the appeal is to be based. This notice does not Lute consent by the City for the introduction or admis- ito evidence of otherwise inadmissible or irrelevant evi- nor does it authorize challenges or appeals not other - flowed by law. Persons with disabilities needing assis- ;o participate in any of these proceedings should contact ty Clerk's office (868-1221) 48 hours in advance of the 1g. NOTICE OF LAND USE =;°c CHANGE The City of Cape Canaveral proposes a first small scale Comprehensive Plan Amendment in the City of,Cape`. Canaveral. A final PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the City Council of the City of Cape Canaveral, on Tuesday, June 17, 1997 at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by' reviewing the following proposed amendment to the City's,. Code of Ordinances: ORDINANCE NO. 03-97, AN ORDINANCE OF THE CITY OF CAPE CANAVERAL" BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING .FORTH AND. ADOPTING THE FIRST SMALL SCALEPLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1,'` WHICH SHALL AMEND THE COMPREHENSIVE. PLAN; FUTURE 'LAND USE MAP; PROVIDING AN5 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 AND INCONSISTENT AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Pursuant in 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 admis- sion into evidence of otherwise inadmissible or irrelevant evi- dence, nor does it authorize challenges or appeals not other- wise allowed by law. Persons with disabilities needing assis- tance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Sandra Rozar Sims, CMC City Clerk FLORIDA TODAY, Wednesday, June 4, 1997 Bi 3B Sandra Rozar Sims, CMC fity Clerk T. r 'i The Times Published Weekly on Wednesday The Tribune Published Weekly on Wednesday The Star Advocate The Bay Bulletin Published Weekly on Wednesday Published Wee lv on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY Florida; that the attached copy of advertising being a _, a newspaper published in Brevard County, LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF COMPREHENSIVE PLAN AMENDMENT was published in in the issues of 2x10 DISPLAY FLORIDA TODAY NEWSPAPER MAY 11, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspapW, /J _ /� ` _-j // (SignaMre'rof Affiant) 11 Sworn to and subscribed before me this day of MAY s 97 2�P{RY P&,9 OFFICIAL NOTARYSEAL LINDA L BRAUD % COWASS M MUMBER a CC640684 MY COMMISSION EXPIRE OF F`00� MAY 4,2001 Personally Known (Signature LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) or Produced Identification Type of Identification Produced legakaffiaavit a■ ■n , . -AVL. %OOVV-Y. • .453-1313 .a NOTICE OF COMP'REHE NSIVE . PLAN AMENDMENT The City of Cape Canaveral proposes a first small's . Comprehensive Plan Amendment in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LAND ELEMENT AMENDMENT will be held by the City Council I of the City of Cape Canaveral, on Tuesday, May 20 1997, at 7:00 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations I made by the City of Cape Canaveral Planning Zoning Board and Local Planning Agency by reviewing the following proposed amendment t Ordinances: o the City's Code of ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY CANAVERAL, BREVA RD OF CAPE RELATING COUNTY, FLORIDA, �1 TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED u t IN CPA -97.1 WHICH SHALL AMEND THE 13 COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL �a STATUS OF THE PLAN AMENDMENT; PROVIDING Dj ' FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF I COMMUNITY AFFAIRS; ' PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING AN INCONSISTENT AND PROVIDING FOR AN EFFECTIVE DATE. r A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during" regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. j Pursuant to Section 286.1015, Florida Statutes, the y City hereby advises the d't decides to a public that: If a person �" t a appeal any decision made by the City 1 Council with respect to any matter considered at this _ meeting, that e proceedings, and such 1purpose need athat ped person may y need to ensure that a verbatim record of S proceedings is made, which record includes the ►�l1 e testimony and evidence upon which the appeal e be based. This notice does not constitute cnsent b 2I. e the City for the introduction' or admission into eviden �U of otherwise inadmissibley �2� Je or irrelevant evidence, nor C does it authorize challenges or appeals S allowed by law. Persons with isabil t disabilities e otherwise assistance to participate in any of these proceedin s D` should contact the City Clerk's office (868-1221) 4g hours in advance of the meeting. IV Sandra Rozar Sims, CMC X61. F City Clerk i The Times Published Weekly on Wednesday The Star Advocate Published Weelrlly on Wednesday The Tribune Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO oath says that she is LEGAL ADVERTISING CLERK FT CYPTilA TnnAV of Florida; that the attached copy of advertising being a who on , a newspaper published in Brevard County, LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court ORDINANCE NO. 03-97 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of APRIL 27, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newqpap�Y, — (Sigeiature of Affiant) Sworn to and subscribed before me this 27 day of APRIL 97 (Signature of Notary Public) OF Fl f1F iD� 1�fY C,0 Personally Known LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) or Produced Identification Type of Identification Produced • legal -affidavit -eat;twi pastwo, oaue.tr •laaw u )lied e x iegm 2! p.reogal -.rna Sut 2ulple( -ul lltm vollan.r U ul Alll bt fal o aql sdec ..'Alaleu ul) op o -wn pai Aepan;s 'all►Asnll 2uto2 s,ll wogs aq Q& pue li sapli aql gltm alai .ales aql J Wang at Fil�Cll�L7111W��,...�� w��. •W�mmu.�.u•,. • nunu.nu'umuueie�iwi�in NOTICE OF COMPREHENSIVE 11"PLAN AMENDMENT The City of Cape Canaveral proposes a first small scale Comprehensive Plan Amendment in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held .by the City Council of the City of Cape Canaveral, on Tuesday, `'May 6, 1997, at 7:00 PM. in the City Hall Annex, 11 I Polk Avenue, Cape Canaveral, Florida. The City Council will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO.. COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED .:IN CPA -97-1, 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 copy of the proposed ordinance -and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m to 5:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will 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. Sandra Rozar Sims, CMC City Clerk,. The equity in your h the Access 3 Equity 1 purchasing power w home improvement And the Access 3 Eq how loans from you only and a fixed rat( fit your specific nee( special MasterCard® your taxes. With no closing cos the most out of you 1-800-2 SWITCH (2 Member FDIC. ©1997. advance of $10,000 or closing costs to borrow WN30 of interest. Available of The Times The Tribune 6- r- ,� _ Published Weekly on Wednesday Published Weekly on Wednesday " e. The Star Advocate Published Weekly on Wednesday The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO oath says that she is LEGAL ADVERTISING CLERK RT OPlnA T(IT-)AV of who on a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF COMPREHENSIVE PLAN AMENDMENT 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of MARCH 4, 1997 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County, Florida, for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspape (Signature of Affiant) Sworn to and subscribed before me this 4 day of MARCH 1997. it (Signature of Notary Public) LINDA L. BRAUD Mi (J-)!� f cfr } t ( MA a' , 1, _a (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type of Identification Produced legakaHidavit B ar3rzey7,Sc Appliance Repair "Service Calls You Can Afford" 7 Days A Week ALL: 984-1740 FAX: 984-3260 r' Ire. n c Ir�CA RESTAURANT & LOUNGE LUNCH BUFFET $7.95 WEEKDAYS 11:30- 2:30 EARLY BIRDS 4-6 PM SEVEN DAYS A WEEK 1477 Pineapple Ave. (Eau Gallie Cswy, at the Indian River) 253-3131 51217 Brevard Eye Eye Center Breuard's Leader In Cataract SWr Daily, in-depth reporting in FLORIDATODAY. FLORIDA TODAY, Tuesday, March 4, 1997 19A NOTICE OF COMPREHENSIVE PLAN AMENDMENT., The City of Cape Canaveral, proposes to appropriate locations for public schools in the City of Cape Canaveral. A UBLIC'HFARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the Local Planning Agency of the City of Cape Canaveral, on Wednesday, March 12, 1997, at 7:00 P.M. in the City Hall Annex, I I I Polk Avenue. Cape Canaveral, Florida. The Local Planning Agency will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Code of Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, 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; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will 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 he based. Sandra Rozar Sims, CMC City Clerk LOCATION MAP z 0 v LN --` Q U OCL/ ` 000�zo�--1sC)z�C1 -Z��- z� O,�z�VO�Jz>i1-OC�s C)z U`o� �LLcfl��z��VzQ� L13�Ur O Ocn Q)Oz �-O cn� z � a-O�-�---jU�O �LUz< < =�—oz�5zc�Q LL CZ/ Q O cn omC)z () aC C�- V �zE- �� QCL/ UmQ�� QQcvm �cncl��la��cnoOU.-I � jcfJ� BUILDING & PUBLIC SAFETY DEPARTMENT CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AMEND THE COMPREHENSIVE PLAN This application, together with ALL REQUIRED EXHIBITS, shall be completed and filed with the zoning division prior to the established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAN AMENDMENT DOES NOT ENTITLE THE OWNER TO A DEVELOPMENT PERMIT. TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT) Owner(s): Time Warner Cable Co Applicant: Droor & Associates, Inc. Address: 720 Macmolia Avenue Address: 2351 W. _Eau Gallie Blvd., Ste. 6 City.Melbo=e State: FL City: Melbourne State: FL Zip Code: 32924 Phoned 407) 254— Zip Code: 32935 Phone:{ 407) 253-8233 TYPE OF REQUEST 3326 Change to the Text of the Comprehensive Plan Comprehensive Plan Element: Change to an Existing Provision: Attach proposed wording, reasons, and appropriate data and analysis to support the requested change. Change to the Zoning Map Existing Zoning Designation: Requested Zoning Designation: Attach reasons for requested change; Change to the Future Land Use Map Existing Future Land Use Designation: Requested Future Land Use Designation: Attach reasons for requested change. LOCATION Block: Lott Total Acreage:— Location and Distance from Nearest Public Township: 24S Range: 37E T Overall Dimensions: 1 /U' +/— X t(hllU1XhL) EXHIBITS _The complete legal description (and the tax identification number) of the property or portion thereof that the amendment is being requested for, typed on a separate sheet of paper. An error in the legal description will result in the request being delayed at the owner/applicant's expense. X A certified survey of the subject property. A County Property Appraiser's map describing the exact parcel may be accepted in lieu of a survey in certain instances. X A County Property Appraiser's map identifying the subject property and all of the owners located within 500 feet of the boundaries of the subject property. __2LA list of names and addresses of all of the property owners located within 500 feet of the boundaries of the subject property and keyed to the County Property Appraiser's map (SEE EXAMPLE ON BACK OF THIS FORM) X A copy of the most recent recorded Warranty Deed. X Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other than themselves to act on their behalf as the applicant. Signature of Staff member discussing proposed action with the Applican The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: STATE OF Florida COUNTY OF Brevard .1, Noel Droor, Droor & Ass. being first duly sworn, depose and say that I am the owner of the subject property, or (if corporation, I am the Officer of the corporation authorized to act on this request). X I am the legal representative of the owner of the subject property of this application. (If the property is not owned, or owned only in part by the applicant, a notarized letter must accompany the applic wing written consent by all pr )perty owners of the subject property unless the applicant is the Attorne�SKHES a owner ALL THE ANSWERS TO THE QUESTIONS IN THIS APPLICATIgN. ALL AN DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO THE BE T OF LEDG . SWORN AND SUBSCRIBED TO BEFORE ME THIS ��h D OF - r 19 is v Y NOTARY 8EAL P 0 eli SUSAN L CHAPMAN COMMISSION NUMBER N =' C C 3 6 2 6 01 Q MP. OF F�.OMAR23 COMMISSION997 J 11-3 y-3 i 9 j 5 * 2. 5 0 Q. � O 5� �toi� i•. — C All applications must be personally submitted to the Building & Public Safety Department located in the Cape Canaveral City Hall, 105 Polk Avenue, Cape Canaveral, Fl. in order that the applicant my receive the necessary sign which must be posted on the property. DO NOT MAIL APPLICATION. FOR OFFICE USE ONLY Fee of $ d0 _in Cash or Check (No.Yls?R )drawn to the order of The City of Cape Canaveral. Receipt No. Fomt A attached (if applicable Signature for City Clerks Office Date: Zoning & Comp. Plan Vc 'fied Sign Issued LPA Meeting Date: 3Z497 Time: _7'. �0 P14 Location: jgAJ JFK CC Meeting Date: Time: Location: Authorization To Act As Applicant Planning & Zoning / Board Of Adjustment / Local Planning Agency �- 1, Troy J. Harville VP/GM Tjme Warner Cabiwthorize Noel Droor to act as applicant, representing me before the Planning & Zoning Board / Board of Adjustment / Local Planning Agency of Cape Canaveral, Florida. (signature) State of Florida, County of Brevard i n ez )1% an -0 2 � Sworn and subscribed to before me i\ this �l �� day of 19 t i Form of dentification Notary Public My Commission Expires: wJ APPLCANr.sAM SUSAN R. SAhfpsw NO PUB� Cama �A. 12,IVg? UC BMded By S 4vV km oa F48 No(x3380709 Xh . tw," 110awta %RAY, HARRIS 8c $OBINSON J. CHARLES GRAY PROFESSIONAL ASSOCIATION GORDON H. HARRIS R. LEE BENNETT RICHARD M, ROBINSON ATTORNEYS AT LAW TRACY A. SORGERT P� - R. FINCH SUITE 138 JOHN A. KIRST, JR. A O. PRICE WILBUR E. BREWTON ..6 F. PAGE. JR. 1800 WEST HIBISCUS BOULEVARD KENNETH J. PLANTE _IAM A. BOYLES POST OFFICE BOX 1870 MICHAEL E. WRIGHT THOMAS A. CLOUD��,,{{ WILLIAM A. GRIMM BYRD F. MARSHALL. JR, 1'l EEBOUBNE, FE 3290:2 —187 0 J. MASON WILLIAMS,= KENT L. HIPP LEO P. ROCK, JR. TELEPHONE (407) 7Z7-8100 ROERT L. BEALS G. ROBERTSON OILG CHARLES W. SELL FAX (407) 984.4122 00ALDH. GIBSON KIMBERLY NOWORYTA SUNNER JACK A. KIRSCHENBAUM CHRISTOPHER J. COLEMAN RICHARD E. BURKE _ PEGGY R. HOYT GUY S. HAGGARD D15T1ICN BRUCE M, HARRIS FREDERICK W. LEONHAROT R. DEAN CANNON, JR. BORRON J. OWEN, JR. 14laVOf FRANK A. HAMNER MICHAEL K. WILSON LiC.' rGUncJ RICHARD A. RODGERS ALISON M- YURKO JEFFREY D. KEINER CI^i Nisi. I KELLY M. FITZGERALD PAUL S. OUINN, JR. KELLY BREWTON PLANTE DAVID L- SCHICK City Aity. LEE M. KILLINGER JACK K. MCMULLEN V`�UlX�1r' J. SCOTT s SUSAN T. SPRAOLEY Pub. s CATHERINE M PECK MICHAEL E- NEUKAMM - 6UI:UIn,° Vn. DONALD A. NOHRR PHILIP F. - Finance DII' OF COUNSEL NOHRR WILLIAM G. BOLTI N,$ April MALCOLM R. KIRSCHENBAUM 3, 1997 SYDNEY L. JACKOWITZ THEODORE L SHINKLE LILA INGATE MCHENRY Mr. G. J. Moran, CBO Building Official City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Comprehensive Plan Amendment Time Warner Cable Dear Mr. Moran: Our law firm represents the Center Street Trust which owns property that abuts the property that we believe is subject to the proposed Comprehensive Plan Amendment change by Time Warner Cable. It is my understanding that the City of Cape Canaveral has not scheduled a hearing on the proposed Land Use Change Amendment, and by this letter I am requesting that you provide the undersigned with notice as to the date and time that the City will hear the request by Time Warner Cable once a date is set. Your cooperation in this matter is appreciated. PFN/h= Very truly yours, Philip F. ohrr MELBOURNE ORLANDO TALLAHASSEE (407) 727-8100 (407) 843.8880 (904) 222-7717 ZWDROOR & ASSOCIATES INC. _351 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January 27, 1997 Project #95052 G.J. Moran City of Cape Canaveral Building Department 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 (407) 253-8233 FAX (407) 253-4988 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: Enclosed please find the following for re -zoning of the above referenced project. • Check in the Amount of $ 2,500.00 • Copy of complete Legal Description • Copy of Certified Survey of the subject property • A County Property Appraisal Map • List of names and addresses of all the property owners located within 500 feet • Copy of the most recent recorded warranty deed • Notarized statement from property owner authorizing DAI as the legal representative. We hope the above submittal meets with your approval Please call if you have any questions. Very ruly Yo - oe , E. President CC: -1 Bob Sell, TWC 95052CBD.SAM Civil & Structural Engineering Inspections PE 37259 § 110.122 Sec. 110-122. Hotels and motels. CAPE CANAVERAL CODE Certificates of occupancy issued for hotels and 14. motels shall be issued for the entire hotel or motel M project up to 150 units and after 150 units shall be issued in minimums of 50 units per each certifi- cate of occupancy. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08) Secs. 110-123-110-135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law and this division. "-ie 1981, ch. 647) Sec. 110-137. Procedure. (a) A zoning district boundary change may be initiated by: (1) The owners of at least 75 percent of the property described in the application. (2) Tenants with the owners' sworn consent. (3) Duly authorized agents evidenced by a written power of attorney. (4) The city council. (5) The planning and zoning board. (6) Any department or agency of the city. (b) Any amendment to this chapter, other than a district boundary change, may be proposed by: (1) The city council. (2) The planning and zoning board. Any department or agency of the city. (4) Any person. (c) All proposed amendments shall be submitted to the planning and zoning board for study and recommendation. The planning and zoning board shall study such proposals to determine: (1) The need and justification for change. (2) When pertaining to the rezoning of land, the effect of the change, if any, on the par- ticular property and on surrounding prop- erties. (3) When pertaining to the rezoning of land, the amount of undeveloped land in the gen- eral area and in the city having the same classification as that requested. (4) The relationship of the proposed amend. ment to the purpose of the city's plan for development, with appropriate consider- ation as to whether the proposed change will further the purposes of this chapter and the plan. (d) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommenda- tion within 30 days following its official action on the request. The city council may extend this time limit for good cause. (e) No recommendation for change or amend- ment may be considered by the city council until due public notice has been given of a public hearing. Public notice of the hearing shall be given only after the planning and zoning board has sub- mitted its recommendation concerning the change or amendment, and the public notice of the hearing shall be given at least 14 days in advance of -the hearing by the publication in a newspaper of reg- ular and general circulation in the city, and no- tice shall be posted at city hall. (fl A courtesy notice may be mailed to the prop- erty owner of record within a radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall not affect any action or pro- ceedings taken under this division. (g) When any proposed change of a zoning dis- trict boundary lies within 500 feet of the boundary of an incorporated or unincorporated area, notice may be forwarded to the planning and zoning board or governing body of such incorporated or CD110:22 ZONING unincorporated area in order to give such body an Opportunity to appear at the hearing and express its opinion on the effect of such district boundary change. (h) When the city council proposes a change in zoning classification of a single parcel or a group of not more than 500 parcels of any property within its jurisdiction, it shall be the duty of the city council to give notice by mail to each property owner whose zoning classification is proposed to - be changed. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes, for the jurisdiction pro- posing the change and shall be postmarked no later than ten days prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected property, the existing zoning classifica- tion, the proposed zoning classification and the time and place of any scheduled hearing concern- ing the proposed zoning change. Prior to the effective date of any zoning classification change, the city council shall cause an affidavit to be filed with the city clerk certifying that the city council has complied with this section. The filing of the affidavit shall be prima facie proof of compliance with this section. A failure to give notice shall not affect the validity of zoning, except as to the property of the complaining owner. (Code 1981, § 647.01) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain con- ditions, limitations or requirements not applica- ble to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. Wh ,n a proposed change in zoning district boundaries has been acted upon by the city coun- cil and disapproved or failed to pass, such pro- posed change, in the same or substantially simi- lar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the § 110-171 original request was initiated by the city council, Planning and zoning board or any department or agency of the city nor shall such restriction apply to the city council, the planning and zoning board or any department or agency of the city. (Code 1981, § 647.05) Secs. 110-140-110-160. Reserved. ARTICLE IV. SPECIAL EXCEPTIONS DIVISION 1. GENERALLy Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconfonn ing. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162-110-170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES* Sec. 110-171. Establishments serving alco- holic beverages. (a) Establishments which shall require a spe- cial exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or per- mit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consis- tent with all the conditions as set forth in this subsection and also the following: (1) The establishment shall not be within 300 feet of any existing church, schoolgrounds or playgrounds. Measurement shall be made Supp. No. 3 CD110:23 'Cross reference—Alcoholic beverages, ch. 6. =ncy of cy an, ,rf , i� by , a ement, cliance last 10 of gen- adver- _�mend- _ccord- a). The ements �mment :cant to d para- ction of transmit ency as d shall v and to mment gist with ^,dment, ceeding .ceipt of -.cliance :f intent aMpr :r =_hensive .regiment -ment in agency Js -on of cer shall ceeding, less con- rcvisions :urden of ,d a final =arties to -.ent may fiie addi- ay timely :e to the .mulative the rules earings. ,ned pro - which is oy filing a action (9). J by the oceeding �onsolida- 7 2. If any of the issues raised by the state land plan- ning agency in the original subsection (10) proceeding are not resolved by the compliance agreement amend- ments, any intervenor in the original subsection (10) pro- ceeding may require those issues to be addressed in the pending s. 120.57 consolidated realigned proceed- ing. As to those unresolved issues, the burden of proof shall be governed by subsection (10). 3. ' If the local government adopts a comprehensive plan amendment pursuant to a compliance agreement and a notice of intent to find the plan amendment not in compliance is issued, the state land planning agency shall forward the notice of intent to the Division of Administrative Hearings, which shall consolidate the proceeding with the pending proceeding and immedi- ately set a date for hearing in the pending s. 120.57 pro- ceeding. Affected persons who are not a party to the underlying s. 120.57 proceeding may challenge the plan amendment adopted pursuant to the compliance agree- ment by filing a petition pursuant to subsection (10?. (g) If the local government fails to adopt a compre- hensive plan amendment pursuant to a compliance agreement, the state land planning agency shall notify the Division of Administrative Hearings, which shall set the hearing in the pending s. 120.57 proceeding at the earliest convenient time. (h) This subsection does not prohibit a local govern- ment from amending portions of its comprehensive plan other than those which are the subject of the compli- ance agreement. However, such amendments to the plan may not be inconsistent with the compliance agree- ment. (i) Nothing in this subsection is intended to limit the parties from entering into a compliance agreement at any time before the final order in the proceeding is issued, provided that the provisions of paragraph (c) shall apply regardless of when the compliance agree- ment is reached. (j) Nothing in this subsection is intended to force any party into settlement against its will or to preclude the use of other informal dispute resolution methods, such as the services offered by the Florida Growth Man- agement Dispute Resolution Consortium, in the course of or in addition to the method described in this subsec- tion. History.—s. 9, ch. 75-257: s. 1, ch. T7-174; S. 4, ch. 77-331; s. 7. ch. 83-308; S. 8, ch. 84-254: s. 8, ch. 85-55; S. 9. ch. 86-191; s. 7, ch. 92-129; s. T7, ch. 92-279: s. 55. ch. 92-326; s. 10, ch. 93-206; s. 34. ch. 94-356; s. 1445, ch. 95-147: s. S. ch. 95-181; s- 11, ch. 95-310: S. 2. ch. 95-322. 'Note.—The word 'chapter was substituted for the word "rule' by the editors to conform to the correct citation style for the referenced material. =Note.—Revealed by s. 1, ch. 95-145. 163.3187 Amendment of adopted comprehensive plan.— (1) Amendments to comprehensive plans adopted pursuant to this part may be made not more than two times during any calendar year, except: (a) In the case of an emergency, comprehensive plan amendments may be made more often than twice during the calendar year if the additional plan amend- ment receives the approval of all of the members of the governing body. "Emergency" means any occurrence or threat thereof whether accidental or natural, caused by humankind, in war or peace, which results or may result - - ... _ _........, un. 163 in substantial injury or harm to the population or sub- stantial damage to or loss of property or public funds. (b) Any local government comprehensive plan amendments directly related to a proposed develop- ment of regional impact, including changes which have been determined to be substantial deviations and including Florida Quality Developments pursuant to s. 380.061, may be initiated by a local planning agency and considered by the local governing body at the same time as the application for development approval using the procedures provided for local plan amendment in this section and applicable local ordinances, without regard to statutory or local ordinance limits on the fre- quency of consideration of amendments to the local comprehensive plan. Nothing in this subsection shall be deemed to require favorable consideration of a plan amendment solely because it is related to a develop- ment of regional impact. (c) Any local government comprehensive plan amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments to the local comprehensive plan. A small scale development amendment may be adopted only under the following conditions: 11. The proposed amendment involves a use of 10 acres or fewer and: a. The cumulative effect of the acreage for all small scale development amendments adopted by the local government shall not exceed 60 total acres annually. b. The proposed amendment does not involve the same property more than once a year. c. The proposed amendment does not involve the same owner's property within 200 feet of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only pro- poses a land use change to the future land use map for a site-specific small scale development activity. e. The proposed amendment is not located within an area of critical state concern. f. If the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre. 2. A local government is not required to comply with the requirements of s. 163.3184(15)(c), for plan amendments pursuant to this paragraph if the local gov- ernment complies with the provisions in s. 125.66(4)(a) for a county or in s. 166.041(3)(c) for a municipality. If ini- tiated by other than the local government, public notice is required. The local government shall send copies of the notice and amendment to the state land planning agency, the regional planning council, and any other person or entity requesting a copy. 3. Small scale development amendments adopted pursuant to paragraph (1)(c) require only one public hearing before the governing board, which shall be an adoption hearing as described in s. 163.3184(7), and are not subject to the requirements of s. 163.3184(3)-(6) unless the local government elects to have them subject to those requirements. 1239 (d) Any comprehensive plan amendment required by a compliance agreement pursuant to s. 163.3184(16) may be approved without regard to statutory limits on the frequency of adoption of amendments to the com- prehensive plan' (e) A comprehensive plan amendment for location of a state correctional facility. Such an amendment may be made at any time and does not count toward the limita- tion on the frequency of plan amendments. (2) Comprehensive plans may only be amended in such a way as to preserve the internal consistency of the plan pursuant to s. 163.3177(2). Corrections, updates, or modifications of current costs which were set out as part of the comprehensive plan shall not, for the purposes of this act, be deemed to be amendments. (3)(a) - The state land planning agency shall not review or issue a notice of intent for small scale develop- ment amendments which satisfy the requirements of paragraph (1)(c). Any affected person may file a petition with the Division of Administrative Hearings pursuant to s. 120.57 to request a hearing to challenge the compli- ance of a small scale development amendment with this act within 30 days following the local government's adoption of the amendment, shall serve a copy of the petition on the local government, and shall furnish a copy to the state land planning agency. A hearing officer shall hold a hearing in the affected jurisdiction not less than 30 days nor more than 60 days following the filing of a petition and the assignment of a hearing officer. The parties to a hearing held pursuant to this subsection �` ctll be the petitioner, the local government, and any rvenor. In the proceeding, the local government's .etermination that the small scale development amend- ment is incompliance is presumed to be correct. The local government's determination shall be sustained unless it is shown by a preponderance of the evidence that the amendment is not in compliance with the requirements of this act. In any proceeding initiated pur- suant to this subsection, the state land planning agency may intervene. (b)1. If the hearing officer recommends that the small scale development amendment be found not in compliance, the hearing officer shall submit the recom- mended order to the Administration Commission for final agency action. If the hearing officer recommends that the small scale development amendment be found in compliance, the hearing officer shall submit the recom- mended order- to the state land planning agency. 2. If the -state land planning agency determines that the plan amendment is not in compliance, the agency shall submit, within 30 days following its receipt, the rec- ommended order to the Administration Commission for final agency action. If the state land planning agency determines that the plan amendment is in compliance, the agency shall enter a final order within 30 days follow- ing its receipt of the recommended order. (c) . Small scale Development amendments shall not become effective until 31 days after adoption. If chal- lenged within 30 days after adoption, small scale devel opment amendments shall not become effective until the state land planning agency or the Administration 1 -mission, respectively, issues a final order determin- ie adopted small scale development amendment — ill compliance. 1240 (4) Each governing body shall transmit to the state land planning agency a current copy of its comprehen- sive plan not later than December 1, 1985. Each govern- ing body shall also transmit copies of any amendments it adopts to its comprehensive plan so as to continually update the plans on file with the state land planning agency. (5) Nothing in this part is intended to prohibit or limit the authority of local governments to require that a per- son requesting an amendment pay some or all of the cost of public notice. (6) No local government may amend its comprehen- sive plan after the date established by rule for submittal of its evaluation and appraisal report unless it has sub- mitted its report or addendum to the state land planning agency as prescribed by s. 163.3191, except for plan amendments to implement recommendations in the report or addendum. When the agency has determined that the report or addendum has sufficiently addressed all pertinent provisions of s. 163.3191, the local govern- ment may proceed with plan amendments in addition to those necessary to implement recommendations in the report or addendum. (7) The state land planning agency shall consider an increase in the annual total acreage threshold for small scale amendments, particularly with regard to the unique characteristics among the various local govern- ments, and shall report its review to the Governor, the Speaker of the House of Representatives, and the Presi- dent of the Senate on or before January 15, 1996. History.—s. 10, ch. 75-257: s. 1, ch. 77-174; s. 5, ch. 77-331: s. 9, ch. 85-55; s• 10, ch. 86-191; s. 8, ch. 92-129; s. 11, ch. 93-206: s. 4, ch. 94-273; S. 1446, ch, 95-147: s. 12, ch. 9s-310: S. 3, ch. 95-322 S. 5, ch. 95-396. 'Note.—As amended by s. 5, ch. 95-396. This version is published here as the last expression of legislative will (see Joumal of the Nouse of Representatives 1995, p, 1795, and Journal of the Senate 1995• p, 728). Subparagraph (1)(c)1. was also amended by s. 3, ch. 95-322 and that version reads: 1. The proposed amendment involves a residential land use of 10 acres or fewer, with a density of 10 units per acre or less, singularly or in combination with any other land use category not to exceed 10 acres in total, and: a. The cumulative effect of the acreage for all small scale development amend• ments adopted by the local government shag not exceed 50 total acres annually. b. The proposed amendment does not involve the same property more than once a year. fe C. The proposed amendment does not involve the same owner's property within 200 et of property granted a change within the prior 12 months. d. The proposed amendment does not involve a text change to the goals, poli• cies, and objectives of the local government's comprehensive plan, but only pro- poses a land use change to the future land use map for a site -spec small scale development activity. e. The proposed amendment is not located within an area of critical stale con- cem. 163.3189 Process for amendment of adopted com- prehensive plan.— (1) The procedure for amendment of an adopted comprehensive plan or plan element which has been found to be in compliance shall be solely as prescribed by this section. (2) A local government which has a comprehensive plan that has been found to be in compliance may amend its comprehensive plan as set forth in s. 163.3184, with the following exceptions: (a) Plan amendments shall not become effective until the state land planning agency issues a final order determining the adopted amendment to be in compli- ance in accordance with s. 163.3184(9), or until the Administration Commission issues a final order deter- mining the adopted amendment to be in compliance in ccordance with s. 163.3184(10). F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163 (b) If the Administration Commission, upon a hearing pursuant to s. 163.3184, finds that the adopted plan amendment is not in compliance, the commission shall specify actions that would bring the plan amendment into compliance, and may specify the sanctions pro- vided in s. 163.3184(11) to which the local government will be subject if it elects to make the amendment effec- tive notwithstanding the determination of noncompli- ance. However, after the final order of the commission, the local government, by resolution at a public meeting after public notice, may elect to make the amendment effective and be subject to sanctions pursuant to s. 163.3184(11). If the local government enacts the reme- dial actions specified in the commission's final order, the local government shall no longer be subject to sanc- tions. (3)(a) At any time after the department has issued its notice of intent and the matter has been forwarded to the Division of Administrative Hearings, the local gov- ernment proposing the amendment may demand formal mediation or the local government proposing the amendment or an affected person who is a party to the proceeding may demand informal mediation or expeditious resolution of the amendment proceedings by serving written notice on the state land planning agency, all other parties to the proceeding, and the hearing officer. (b) Upon receipt of a notice pursuant to paragraph (a), the hearing officer shall set the matter for final hear- ing no more than 30 days after receipt of the notice. Once a final hearing pursuant to this paragraph has been set, no continuance in the hearing, and no addi- tional time for post -hearing submittals, may be granted without the written agreement of the parties absent a finding by the hearing officer of extraordinary circum- stances. Extraordinary circumstances do not include matters relating to workload or need for additional time for preparation or negotiation. (c) Absent a showing of extraordinary circum- stances, the Administration Commission shall issue a final order, in a case proceeding under this subsection, within 45 days after the issuance of the recommended order, unless the parties agree in writing to a longer time. History.—s. S. ch. 92-129: s. 12. ch. 93-206. 163.3191 Evaluation and appraisal of comprehen- _ -sive plan.— (1) The planning program shall be a continuous and ongoing process. The local planning agency shall pre- pare periodic reports on the comprehensive plan, which shall be sent to the governing body and to the state land planning agency at least once every 5 years after the adoption of the comprehensive plan. Reports may be transmitted at lesser intervals as may be required or upon request of the governing body. It is the intent of this act that adopted comprehensive plans be periodi- cally updated as provided by this section through the evaluation and appraisal report. The evaluation and appraisal report process shall be the principal process for updating local comprehensive plans to reflect changes in state policy on planning and growth man- agement. (2) The report shall present an assessment and eval- uation of the success or failure of the comprehensive plan, or element or portion thereof, and shall contain appropriate statements (using words, maps, illustra- tions, or other forms) related to: (a) The major problems of development --physical deterioration, and the location of land uses and the social and economic effects of such uses in the area. (b) The condition of each element in the comprehen- sive plan at the time of adoption and at date of report. (c) The comprehensive plan objectives as com- pared with actual results at date of report. (d) The extent to which unanticipated and unfore- seen problems and opportunities occurred between date of adoption and date of report. (e) The effect on the comprehensive plan of changes to: the state comprehensive plan, the require- ments of this part, the. minimum criteria contained in chapter 9J-5, F.A.C., and the appropriate strategic regional policy plan. (f) The identification of any actions that are taken or need to be taken to address the planning issues identi- fied in the report. (g) Proposed or anticipated plan amendments nec- essary to address or implement the identified changes. (h) A description of the public participation process used by the local government in preparing the report. (3) The report shall also suggest changes needed to update the comprehensive plan, or elements or portions thereof, including reformulated objectives, policies, and standards. Local governments are encouraged to use the report process to develop a local vision that could serve as one basis for revision of the local comprehen- sive plan consistent with the requirements of this act. (4) The governing body shall adopt, or adopt with changes, the report or portions thereof within 90 days after receiving it from the local planning agency. The governing body shall amend its comprehensive plan based on the recommendations contained in the adopted evaluation and appraisal report, pursuant to the procedures in ss. 163.3184, 163.3187, and 163.3189. Amendments to the plan and the adoption of the report may be simultaneous. When amendments to the plan do not occur simultaneously with the adoption of the evalu- ation and appraisal report, the report shall contain a schedule for adoption of proposed amendments within 1 year after the report is adopted, except that the state land planning agency may grant a 6 -month extension for adoption of such plan amendments if the request is justified by good and sufficient cause as determined by the agency. The report shall be transmitted to the state land planning agency, with the related amendments when the amendments are transmitted pursuant to S. 163.3184. (5) The first periodic report for each local govern- ment shall be prepared not later than 7 years after the adoption of the comprehensive plan. Every other peri- odic report shall be prepared not more than an addi- tional 5 years thereafter. (6)(a) The report shall include findings and recom- mendations with respect to the requirements of subsec- tions (2) and (3). 1241 I uu.✓e. w ..... rnr .u, uou ague 09/23/96 y014 17:01 FAX 1 307 422 8262 1121: nAkN?g nt;WUN'litiG »»+ MELBOURNE FZ001 A L X & C 2004 P=cpared by and Return toe Donald J. Curotta, 2taquiro Ne11a, Allen, Zang G Morrison, P.A. 340 North Oranqe Avenue�,�r/r Orlando, Florida 32801 � `/,�f" CJCGRCOVCt Riccr47d ynd yliTMI d 9=w -d Cot&Y FL feud AXJ� lttc Ft* sle-M -ce-I S a• (c E -d :r Tz sant0•GR2Iffax Senior Ch8�.RcIwW -------The Speae Above is Reaarvod for Raeordiag In-r0r—tion SPE CLAL WARRANTY bM 047-3 THIS SPECIAL WARRANTY DEED madas Of the madeAOri1 t*tx 1st day of 1995, by MIE WARRER ENTERTAIMIENT CWANy, I,•p•. a Delaware limited partnership, whose business address is -300 First Stamford Place, Stamford, Connecticut 06902 (-Grantor") to T� WARNER F'trtuine - ADVANCE/NEWHOUSE, a New York general partnership, whose se bbussiness address is 300 First Stamford Place, Stamford, Connecticut 06902 ("Grantee'). Grantee's Tax I.D. No.: 13-a7gu,I inclu(dWhenever used herein the terms 'Grantor the parties to this instrument andthe heir and G,egal and assigns of individuals, ividuals, and the successors and assigns of corporations) WITNESSETH: That the Grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Brevard County, Florida, viz: SEE EYHIRIT "A" ATTACIISD BERETO A3'D XXDE A PART HEREOF Br REFERENCE. (PARCEL ID NO. 24 -37 -22 -JI -J) TOGET'MR, with • all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE A::D TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or unde= the said Grantor but against none other. Pont -It* Fox Note 7677 Oar Lel P. C.,C*M Ca I Rxm . Fo x s-�- nJ/��f3`��y� \V S/Vti a c3• w '01/22x97 WED 17:40 FAX 407 660 5551 09/23/96 MON 17:01 FAX 1 407 422 8262 TIME WARNER ACCOUNTING +-►-► MELBOURNE 11002 ALM& C Q005 047-3 IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed as of the date first above set forth. Signed, sealed and delivered .in the presence of: Sign z� Print /,, Sign Print STATE OF COUNTY OFi{�,��,jf TIME WARDER ENTERTAIPIM?NT COMPANY, L.P., By: AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION, its -General Partner Print N^nryi �Prkpn Title: ViCe Prp5 dent The foregoing instrument was acknowledged before me this I9 day of frV-, r rj 1995, by Henry J. Gerken , as Vice President of AMERICAN TELEVISION AND COMMUNICATIONS CORPORATION, general partner of TIME WARNER ENTERTAINMENT COMPANY, L.P. , a Delaware limited partnership, on behalf of the partnership - He is personally known to me or produced as identification. Notary Public Print: My Commission Expires: DIMITRA SPYROPOULCS Notary Public My Commission Expires March 31, 1995 kt 71 C0 Ir Z LU cc fli LLJ _o Cr�x C_ _ILo r � � n IIIj1`o1III •x��. I: �u ►,..., Dp�l�l�� !I _:3u?3'r r"e?.�,5' YI�c�ll f^JL IIII=V�a�"�-1 lf�/ `_li ^•ol �I��Il�so_II L -j"LL nn a: q Ll Aa"DROOR & ASSOCIATES INC. 2451 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January31, 1997 Project 195052 G.J. Moran City of Cape Canaveral_ Building Department -105 Polk Avenue P.O. Box' 26 Cape Canaveral, FL 32920 (407) 253-8233 FAX (407) 253-4988 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: With this letter we would like to apply for rezoning of the above referenced project from R-3 to a M 1 Zoning. In the past 20 years the zoning was changed to an R-3 Zoning without giving any consideration for the future use of the property. The existing building (1" Phase) was constructed approximentaly 30 years ago, and at the present time its being used as an office building which is a non -conforming use of the present zoning. The reason for the change of zoning is to construct a 600 S.F. Unmanned Equipment Building to house electronics and fiber optics. Change of zoning from R-3 to M-1 would allow construction of the 600 S.F. Unmanned Equipment Building which is required to serve the neighborhood with their cable and programming needs and it would allow the property to conform to current zoning. We hope the above request of the zoning change meets with your approval. Please call if you rICS7u CC: Bob Sell, TWC 95052 WETSAM Civil & Structural Engineering Inspections PE 37259 CITY OF CAPE CANAVERAL Dear Property Owner: City of Cape Canaveral March 3, 1997 The Local Planning Agency of the City of Cape Canaveral will hold a public hearing to consider the following: Request from Time Warner Cable Company to Amend the Comprehensive Plan and Change the Land Use District from R-3 to _ M-1 Zoning. Property Legal Description: Section 23, Township 24 South, Range 37 East, Parcel J, City of Cape Canaveral, Brevard County, Florida. Property Size: 0.4 +/- Acres with Overall Dimensions of 170 ft. +/or - X 103 ft. Street Address: 210 Center Street Property Owner: Time Warner Cable Company 720 Magnolia Avenue Melbourne, FL 32924 This request will be heard by the Local Planning Agency at their meeting to be held at 7:30 P.M., Wednesday, March 12,1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Since your property is located within 500 feet of this property, you are cordially invited to attend this meeting and be heard. Any person who decides to.appeal any decision with respect to any matter considered at this meeting will 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. For more information regarding this request, please contact the Cape Canaveral Building Department at (407)868-1222. GJM:sic :incioran., , G. CBO . Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL. FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX 1407) 799-3170 THE FOLLOWING IS A LISTING OF PROPERTY OWNERS LYING WITHIN 500 FEET OF SUBJECT PROPERTY (24 -37 -22 -JI -J) AS TAKEN FROM THE BREVARD COUNTY PROPERTY APPRAISER'S RECORDS. KEY CODE OWNER I�If 1 1Of MURCIA, MARIA ISABEL TRUSTEE P 0 BOX 527764 MIAMI FL 33152 7764 DEVLIN, JAMES A P 0 BOX 150 HILLSBORO NH 03244 0 SILICON BEACH PROPERTIES INC 007073 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 O'BRIEN, RANDALL 0 008052 ASTRONAUT BLVD CAPE CANAVERAL FL 32920 0 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 0 CANAVERAL INDUSTRIES INC C/O EDWARD HRADESKY 000124 ST CROIX AVE COCOA BCH FL 32931 0 AEROSPACE BUSINESS PARK INC 000124 ST CROIX AVE COCOA BCH FL 32931 O AEROSPACE BUSINESS PARK INC P 0 BOX 150 HILLSBOROUGH NH 03244 0 JOHNSON CONTROLS WORLD SERVICES INC 007315 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 1. 2. 3. 4. 5. 6. 7. 1 8. 9. OWNER I�If 1 1Of MURCIA, MARIA ISABEL TRUSTEE P 0 BOX 527764 MIAMI FL 33152 7764 DEVLIN, JAMES A P 0 BOX 150 HILLSBORO NH 03244 0 SILICON BEACH PROPERTIES INC 007073 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 O'BRIEN, RANDALL 0 008052 ASTRONAUT BLVD CAPE CANAVERAL FL 32920 0 TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 0 CANAVERAL INDUSTRIES INC C/O EDWARD HRADESKY 000124 ST CROIX AVE COCOA BCH FL 32931 0 AEROSPACE BUSINESS PARK INC 000124 ST CROIX AVE COCOA BCH FL 32931 O AEROSPACE BUSINESS PARK INC P 0 BOX 150 HILLSBOROUGH NH 03244 0 JOHNSON CONTROLS WORLD SERVICES INC 007315 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 M0 ,10 ►• I PARCEL Q ASPHALT 0 I NAIL u DISK S.88'55'27" E. 150.00'(DEED) ' "BRIEL" ti 5.88'44'42" E. 103.00'(M) 1" PIPE 1� 1b ►� S' C"N,LINK FENCE ��` NO CAP P.O.C. �) rP.O, x---------:-= 40.00' I j� WP h • • �i y'1'► �9 61 y 11'•yRc CC.11'b 11'cl l' �1 l `N RISER CONC. LLI i CONC. i r, LD H ASPHALT'� fU+J i cm uw .. x �,,, Y•. l'h.'.'.4' '•I?'c.A•ab, 1 ' t W ILL 1 Vw�I � 0 X s 60.7' I 0) ": w i CONC. = I I J lez LJ Ld J Q I 77 �. CONC. U a h r►t� x Q li y 1 STORY C.B.S. o Q I 11Lo O� L' m I TOWER ANCHOR i ► X \ I I X $S I x—x—x—x—X L'1 x ►� _ 4b� t < � Q ab o a a lJ W ca by rl 4• N a Ln a - 7.3' n t, °o $o 22.6' D K O d 0h15.15' 37.90' 4ti 19:x' fn .1 1hm :tI N�y cor+c. COVERED "1 �.,• yb0 'h O ' x—x h•. .p '60 O ��' ' cv z Y ' :t- Ul CO r ,O e I I ti0 +.. ,yr 1'�,"r:44;. :V ,::4:?tb••►.1.�� wr. m •... .:a�..� °?�,}I ,� NAIL & DISK :•t a;. r•-`t.�:'...';tt 1:.+., ,� "BRIEL" ASPHALT h� NAIL k DISK\ 10 O "OIETHORN" 54" RCP _ ►1°� N.88'S5'27"W. 103.00'(M) ►b► TI h 77 - � h'V by►1 LC 2' CONCRETE CURB h ui ► ^ ►� h TT NLESS O.R.B. 826, PG. 725N.88-55'27"W. y>°' 150 00'(DEED)Sk C/L CENTER STREET h► x_,01 b• Y�. ti �0 ►b1� ►�O h' � b. I tiff Ge �I _bbaQ Meeting Type: Regular Meeting Date: 06-17-97 AGENDA Heading Discussion item 13 No. CCVFD Letter of 06-09-97 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: FOURTH OF JULY FIREWORKS -- CONCERNS OF FIRE CHIEF DEPT./DIVISION: CCVFD/PUBLIC SAFETY Requested Action: That the City Council review and comment on the fire chief s concerns concerning fireworks and whether or not to formulate a policy statement on this issue. Summary Explanation & Background: I will work with the Sheriff's Department to have additional deputies on duty for this holiday weekend. Exhibits Attached: CCVFD Letter of 06-09-97 City Manager's Office Department CCVFD/PUBLIC SAFETY g:\whninwamcillm=6ngw6t7-rneR im m CAPE CANAVERAL VOLUNTEER FRE DEPARTMENT, IN Serving the city of Cape Canaveral & Canaveral Port Authority MEMORANDUM To: Bennett Boucher, City Manage From: David J. Sargeant, Fire Chief Date: 9 June 1997 Sub): JULY 4TH ACTIVITIES The past several years on July 4th, our beach ends have become virtual war zones. The use of illegal fireworks have caused numerous fires, and have presented extreme danger to the public. Last year I received numerous complaints after the 4th, and many requests for use to do something about it. Also as you recall Cocoa Beach had a "zero tolerance" for fireworks last year, which forced additional people onto our beaches. In the State of Florida it is not illegal to sell fireworks; however, the purchaser is only supposed to use them for farm applications. I have yet to find a farm application in the City of Cape Canaveral. It is my opinion that the City Council should pass a "zero tolerance" resolution for the City of Cape Canaveral. The use of sparklers, and State approved fireworks shall be the only fireworks tolerated. In order to adequately enforce this resolution, I am requesting that additional Deputies be brought on during the evening hours of July 4th. I will supplement the Deputies with additional staffing. I am not anti -patriotic, nor am I against our Citizens enjoying the July 4th festivities, but we must insure safety for all. Copy to: Mayor City Council Major McGee 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4777