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Packet 02-05-2008 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 1 Polk Avenue, Cape Canaveral, Florida TUESDAY February 5, 2008 7:00 PM REVISED AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Council City Manager AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 15, 2008. 2. Outdoor Entertainment Permit - Brevard County Traveling Skate Park. 3. Outdoor Entertainment Permit - Space Coast Seafarers Ministry — Walk for Bibles. 4. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community Celebration. 5. Cooperative Purchase of Sanitary Sewer Lining Services. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com of Cape Canaveral, Florida `City Council Regular Meeting Agenda February 5, 2008 Page 2 of 3 SITE PLAN: 6. Motion to Approve: Proposed Burger King Site Plan. RESOLUTIONS: 7. Motion to Adopt: Resolution 2008-02; Adopting a Social Security Number Policy and Written Statement Addressing the City's Collection and Use of Social Security Numbers. Revised 8. Motion to Adopt: Resolution No. 2008-03, Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. 9. Motion to Adopt: Resolution No. 2008-04; Approving the Temporary Suspension of Enforcement of the Time Limits to Display Temporary On -Premises Signs Set Forth in Section 94-76 and Approving the Suspension of Permit Fees for Temporary On - Premises Signs Imposed by Section 9435; Suspending said Code Provisions for a Period of Six (6) Months; Providing for One (1) Six (6) Month Extension of the Suspension Period by a Majority Vote of the City Council. Revised CONSIDERATION: 10. Motion to Approve: Interlocal Agreement for Beach Cleaning Equipment. 11. Motion to Approve: Donation to Keep Brevard Beautiful. 12. Motion to Approve: Proposal to Re -Roof the Public Works Laboratory. 13. Motion to Approve: Proposal for the Evaluation of Road Re -surfacing. ORDINANCES: First Public Hearing: 14. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. DISCUSSION: 15. Recommendations to City Council from the Business & Cultural Development Board. REPORTS: Staff of Cape Canaveral, Florida qty Council Regular Meeting Agenda February 5, 2008 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 15, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Assistant Public Works Director City Planner PRESENTATIONS: Holiday Beautification Awards Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Walter Bandish Jeff Ratliff Todd Peetz Mayor Randels called on Elizabeth Mars, Beautification Board Member, to recognize the winners of the Holiday Awards. Ms. Mars acknowledged Dr. Christine Storts, of Coastal Animal Hospital in the Commercial category; Mr. Steve Testa accepted on behalf of Ocean Oaks in the Multi -Family category; Mrs. Tracey Guidi accepted for the Guidi Family of Harbor Drive in the Single -Family category. Mayor Randels congratulated the winners and thanked the Beautification Board for their work. 2007 Reindeer Run Proceeds Check to United Way of Brevard County and Sponsorship Recognition Mayor Randels acknowledged that the Recreation Department assumed race directorship for the City's 12th Annual Reindeer Run. Robert Lefever, Recreation City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 2 of 12 Director, expressed thanks to the City's volunteers, City Staff and Ms. Bethanne Hull from Brevard County United Way for her assistance. Mr. Lefever recognized the following sponsors: Three -Star Community Event Partners: Canaveral Industries, Inc. Protective Coatings — Jim Morris ITT Engineered for Life — Steve Wojcicki Major Sponsors: Greene International Real Estate, Inc. — Susan Key and Ashley Taylor Blue Note Publications — Paul Maluccio Clear Channel Outdoor — Lorna Dubin Brown, Garganese, Weiss & D'Agresta — Anthony Garganese Ron Jon Cape Caribe Resort — Eileen Stafford Waste Management Inc. — George Geletko Bright House Networks — Jim Platman Lite Rock 99.3 FM — Mike Lowe & Mindy Levy Mr. Lefever stated that the 2007 Reindeer Run set a new record with 488 runners. The Recreation Department has made a goal to set a new record of 550 runners and $20,000 in proceeds for the 2008 race. Mr. Lefever presented a check for $17,231.71 toward the 2008 campaign to Ms. Alicia McCoy representing United Way of Brevard. The City presented Mr. Lefever and Ms. Bethanne Hull with gift baskets for their work as race directors. REPORTS: City Council Council Member Roberts • Ms. Roberts questioned the status of the beach rake project. Mr. Boucher replied that he would meet with the Cocoa Beach City Manager on Friday, January 18th to develop an Equipment Use Agreement. He stated that he could return with a draft Agreement; however, the Agreement would also need review by the Cocoa Beach Commission. Ms. Roberts reminded of the concerns related to seashells, the natural dunes and the sea turtle nesting grounds. • Ms. Roberts suggested a State of the City Report to enable the City to celebrate what was accomplished in the previous year. This would provide feedback to the residents on the City's accomplishments. Mr. Boucher responded that staff could compile their quarterly reports for a comprehensive annual status report. • Ms. Roberts questioned the status of the mast arm left lane signal on North Atlantic Avenue. Mr. Bandish replied that construction would begin some time in February. • Ms. Roberts brought up the Master Status of Projects list. Mr. Boucher replied that he would schedule a workshop meeting for this subject. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 3 of 12 • Ms. Roberts related the concerns of the red tide, soot and fuel emissions, especially red tide in light of its impact to coastal communities. Ms. Roberts proposed a more expansive environmental ordinance that would be inclusive of air and water quality. • Ms. Roberts mentioned action tracking as a method to review the areas in which Council needed to take action. • Ms. Roberts brought out residents' concerns for a disaster preparedness plan related to incidents other than hurricanes, for example, incidents related to Homeland Security. She also mentioned a cell phone call back capability as well as posting this information on the web site. • Ms. Roberts brought out the need for a City Master Plan to include: a Lighting Plan, a Sidewalk Plan, a Bikeway Plan, a Streets Improvement Plan, a Crosswalks Plan, a Stormwater Plan, and a Bus Shelter Plan as specific plans within a Master Plan. Ms. Roberts stated that this would serve as a template for future Councils. • Ms. Roberts questioned the "Green Cities" Resolution. Mr. Boucher informed of the $1,500 application fee as well as the substantial amount of staff time involved in the process. Mr. Bandish stated that the program would require a full-time staff person, similar to the Stormwater program • Ms. Roberts requested a Resort Dwellings status report. The City Manager's office would provide that information. Council Member Nicholas • Mr. Nicholas spoke on red tide and noted an article he read that addressed red tide due to pollution in the Gulf of Mexico. He stated that the issue appeared to be of a wide -range concern and said that there should be an abatement method. Mr. Nicholas questioned if there were some federal agency that could address the issue. Mr. Petsos suggested contacting our U.S. Senator and Congress representative. • Mr. Nicholas stated that he previously brought up transferring the existing City Hall sign to the new building and purchasing an electronic sign for City Hall in the future under the new Sign Code. • Mr. Nicholas questioned if the City had intersection surveillance cameras installed. Discussion disclosed that a motion -sensor was installed while the Florida Department of Transportation was performing work. Mr. Nicholas stated that the Council should be informed if this had become a permanent fixture. Mr. Boucher replied that he would have them removed. • Mr. Nicholas asked how many political signs were allowed on a residential lot. Attorney Garganese stated that Council has not adopted a Sign code that would limit the number of temporary signs on a residential lot. • Mr. Nicholas requested the portion of the Waste Management contract that referred to deodorizing the roll -off dumpsters. • Mr. Nicholas questioned if the funds set aside for a traffic light in the Seaport area were transferred to the intersection refurbishment. Mr. Boucher stated that the funds were available. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 4 of 12 Council Member Petsos • Mr. Petsos referred to a letter from Mr. Ray Osborne to the Council related to a Heritage Day event on February 16th. Mr. Petsos suggested that the City help the advertising with flyers, posting on the City Hall marquee and on the City web site. Mr. Osborne explained that the function will be co-sponsored by the Brevard Library and would be held at the Cape Canaveral Library. He asked if the City would allow him to use Manatee Sanctuary Park and waive any fees. He also asked if the City would provide financial support. Mr. Nicholas responded that waiving fees was a time sensitive process that required Council's approval and the event was to occur soon. Council members declined to provide financial support. • Mr. Petsos announced a Sea Oat Planting project on February 16th at 8 A.M. in Cherie Down Park. • Mr. Petsos brought out how City tax funds have been going to the County without retribution. He reminded that Commissioner Nelson promised to return with information during his previous Council address; however, he had not done so to date. • Mr. Petsos inquired about the turn signal in the Puerto Del Rio area. He asked the City Manager to look into this issue. • Mr. Petsos wished the audience a Happy New Year. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog addressed the Washington Avenue sand transfer project. He requested replacing the fence since the work was completed. • Mayor Pro Tem Hoog reported from the Space Coast League of Cities meeting that the Resolution requiring the State to inform cities prior to issuing permits to utilities was second on the League's priority list. Mayor Randels • Mayor Randels reported that the Friends of the Library raised $3,773.40 from their most recent book sale. • Mayor Randels announced that Cape Canaveral was recognized as a Tree City for the 19th year. • Mayor Randels asked if the City returned the grant from the St. Johns River Water Management District Central Blvd. stormwater project. Mr. Ratliff informed that he had to decline the grant since the Florida Department of Environmental Protection changed the scope of the project for a smaller more economical project. He however could not reapply for the grant. • Mayor Randels inquired if Cape Canaveral would like to assume the Farmer's Market previously hosted in Cocoa Beach. There was no expressed interest. • Mayor Randels informed that the Indian River Lagoon Blueway Project was named one of the top 15 projects of its type in the nation by the Acquisition and Restoration Council. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 5 of 12 • Mayor Randels reported on the Rail -Trails Project. The State took ownership of the longest Rail -Trail in Florida and its acquisition preserves 51 miles of trail corridor in Brevard and Volusia Counties. • Mayor Randels informed of how the St. Johns River Water Management District planned to regulate the use of reclaimed water. Mr. Petsos asked Mr. Boucher and Mr. Ratliff to provide research on their intention. City Manager • Mr. Boucher thanked Robert Lefever and the Recreation Department staff for their work on the Nancy Hanson dedication ceremony. • Mr. Boucher informed that he was working on an updated version of the Business Survey from the University of Central Florida. • Mr. Boucher informed that he held the kick-off meeting with Communication Concepts Inc. related to an updated City video with a live, work and play theme. • Mr. Boucher reported that the Florida Department of Community Affairs received the Evaluation and Appraisal Report. It was under their review. • Mr. Boucher reported that he heard from the Florida Department of Environmental Protection and the City's National Pollution Discharge Elimination System Permit Stormwater Permit renewal was accepted and under review. • Mr. Boucher reported that Mr. Ratliff met with 20/20 media on the bus shelters. He received a package of potential sites and they would evaluate the data and return with a proposal. • Mr. Boucher stated that a Reserve Fund Policy Ordinance would be on the next City Council Agenda. • Mr. Boucher reported that quarterly reports were attached to the Agenda Packets. He encouraged Council to contact him if there were any questions. • Mr. Boucher stated that Council needed to clarify the theme of the Oral History Project. Discussion followed on how far back in time to seek for individuals who could contribute to the project. Richard Thurm and Roger Dobson were some individuals named to include in the history. Mr. Boucher informed that the National Public Radio [NPR] was in the Orlando area conducting a similar project. He requested to contact them for their assistance with the interviews. Mr. Nicholas concluded that NPR would be helpful in fact gathering. • Mr. Boucher announced the upcoming scheduled Workshop meetings: a joint Code Review meeting with the Planning and Zoning Board on Tuesday, January 22nd at 5:30 P.M., a joint Chronic Nuisance meeting with the Planning and Zoning Board on Thursday, January 24th at 5:30 P.M., Mr. Petsos could not attend the meeting on January 24th. Also, a meeting on January 31St at 5:30 PM. Ms. Roberts could not attend the meeting on January 31 st. • Mr. Boucher reported on the double taxation issue as addressed by Mr. Petsos. He stated that by law counties could not assess more than half the millage assessed on the unincorporated areas. Mr. Boucher informed that Representative Stan Mayfield of Vero Beach got a Bill passed that would place a tax cap on the County that could apply to cities as well. He explained that this would have an impact on Charter counties. Mr. Boucher encouraged the audience to seek further City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 6 of 12 information. Mr. Boucher read the proposed ballot language that did not state the tax cap percentage. AUDIENCE TO BE HEARD: Mr. Ray Osborne asked if the City would be an official co-sponsor of Heritage Day. Mayor Randels clarified that the City would assist with advertising only. Mr. Boucher encouraged Mr. Osborne to review the City public calendar and utilize one of the established events for his venue. • Mr. Osborne offered to assist with the City's Oral History Project. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of December 18, 2007. 2. Cooperative Purchase of Stormwater Baffle Box Cleaning Services. Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item No. 2 for discussion. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 2. Cooperative Purchase of Stormwater Baffle Box Cleaning Services. Mayor Randels reviewed the costs for this Baffle Box Cleaning Service at $8,200, at $1,366 per box plus travel expenses, for a total of $9,130. Mr. Ratliff stated the intent of keeping the baffle boxes clean on an annual basis. Mayor Randels stated that this was a budgeted item. Ms. Roberts asked if the City had received any performance references for Shenandoah Construction Company from the Broward County School Board. Mr. Ratliff stated that he did not; however he contacted Miller Pipeline that gave them a high recommendation. Ms. Roberts asked if all of the City's baffle boxes were first generation. Mr. Ratliff affirmed. Ms. Roberts recommended planning forward to establish a baffle box replacement schedule. Ms. Roberts asked if the City had an adequate number of baffle boxes. Mr. Ratliff stated that baffle boxes existed for the major lines; however, there were none on the smaller lines but they could be installed as needed. Ms. Roberts referred back to the Master Plan and the need to identify where future boxes would be needed. Mr. Ratliff informed that the remaining boxes, which were on Florida Department of Transportation lines [FDOT], were an anticipated discussion for funding with FDOT. Mr. Ratliff concluded discussion saying that the project would begin immediately. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 7 of 12 A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 2 in the amount of $9,130. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 3. Motion to Approve: Interlocal Agreement for Public School Facility Planning. Todd Peetz, City Planner, stated that Mr. Dane Theodore, School Board's Facility Planning Director, was available to answer questions. Mr. Peetz summarized that when Growth Management was introduced in 1985 and adopted in 1990, School Concurrency was not one of the Concurrency requirements. Concurrency, which means services, that is in place at the time of development. Mr. Peetz stated that disconnect was noted in the quality of schools between 1990 and 2000. In 2004, the State legislature mandated that all local governments have a School Concurrency element in their Comprehensive Plan by December 1, 2008. The School Board assumed the lead in taking action on this mandate. Mr. Peetz outlined the commitments that were not presently in the Agreement which were: 1) a School Facilities Element as a Comprehensive Plan Amendment, 2) recognition of a School Facilities Element in the City's Land Development Regulations, 3) notifying the School Board for review of residential construction which impacts that School District, 4) sharing information with the School Board related to population projection and development trends, and 5) maintaining a data base that the City would submit annually in October. Mr. Peetz outlined the three working groups as: a staff working group, an annual meeting with elected officials with a representative from the City in attendance, and a Capital Outlay Committee. The primary impact would be an additional step in the approval process resulting in a letter from the School Board stating that there is capacity and if not, the School Board would work with the application to ascertain when capacity would become available. Finally, the current school population status would need to fall within the 100 percent range, whereas Cocoa Beach now stands at 133 percent. Mr. Peetz concluded that the cities have limited control on how the schools allocate facilities. Mayor Randels questioned if "soft districting" would occur. Mr. Dane Theodore, Director of Planning and Project Management for the School District, addressed the Council and explained one of his roles of working with consultants and City staff on the growth management, school concurrency issue. Mr. Theodore stated that the level of service goal was 100 percent of capacity. He explained that elementary, middle, and high schools were the three school types called a tiered level of service. If a concurrency service area were reached, then they would look to every adjacent concurrency service area. Mr. Theodore explained how a developer would pay for the impact caused by the additional number of seats needed. The proportionate share mitigation fee is the difference between the impact fee and the actual cost of construction. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 8 of 12 Mr. Theodore referred to the Mayor's question on soft re -districting. He explained that the School Board and the local municipality come to an agreement on potential growth. Mr. Theodore stated that agreement was needed to accommodate existing over capacity situations or move student to where capacity exists and this was done through re -zoning. Mr. Theodore stated that even after meeting existing capacity, population growth required new schools to meet additional capacity. Data analysis was included in the Agreement to show that the School Board was financially capable. Mr. Nicholas expressed his concern that the methodology was based on hypothetical data since the number of students was established prior to construction. Mr. Theodore explained that the student generation rate was used in the school impact fee study. The rate was a countywide average and Cape Canaveral did not have the same rate as a larger city; however, when a developer entered a proportionate share mitigation situation, he would take a credit based on the countywide student generation rate. He concluded however that larger municipalities over the countywide average might not view this as a fair multiplier. Ms. Roberts inquired about the term "houses" and asked if that included every unit of living. Mr. Theodore referred to Page 46 of the data analysis which showed a student generation multiplier with Single Family at .38, Condominiums at .06, Mobile Homes at .02 and Multi -Family at .36. He explained that it would take16 condominiums to generate one student whereas three single-family homes would generate one student. Ms. Roberts questioned the philosophy and asked if best practice guidelines were employed. Mr. Theodore replied that the State used six lead Counties to form a template and conferred with the Central Florida School Boards Coalition in order to remain consistent. He stated that the legislation was a State statute, inclusive of 67 counties, and using the State as a model for best practices was thought best. Ms. Roberts expressed her concern and that of others in the State of not referring to other State's for best practices. Ms. Roberts noted that a timeline exists for both the City and the developer, and both would be subject to outside agencies before making their decisions. Mr. Theodore replied that a 10 -business day timeframe was established for decision-making purposes. Ms. Roberts stated that the policy would leave the City vulnerable to the discretion of outside agencies. She also asked if the student transfer was a voluntary action. Mr. Theodore replied that soft re -districting would impact new students only. Ms. Roberts stated that the County would benefit from a more customer -focused approach with the Agreement stating that a generalized approach was indicative of a prevailing donor status from the municipalities to the County. Mr. Petsos stated that he had no problem with the Agreement for the community or the developers. Cocoa Beach would not reach the 100 percent cap due to proposed soft re -districting and an anticipated IB program. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 9 of 12 Mr. Theodore stated that the Florida Department of Community Affairs [DCA] has a March 1" deadline for municipalities to adopt the element. He stated that if it were not signed by March 1St then DCA would not approve any Comprehensive Plans that have increased residential density. Mr. Theodore replied to Ms. Roberts that he had no idea if time-shares were included in the demographics. He stated that if the Council planned to take action, he encouraged staff to confer on any exemptions to the Agreement such as time-shares. Attorney Garganese asked if Mr. Theodore was attempting to adopt one Agreement. Mr. Theodore affirmed that he was. He stated that any changes would need approval from the other cities as well. Attorney Garganese inquired about the draft element and said if the Council adopted the Agreement, when would the Land Planning Agency have the draft elements for review? Mr. Peetz replied by the second meeting in March with a 60 -day review by DCA would allow for review in May and adoption prior to December 1 deadline. Attorney Garganese also inquired about the Land Development Regulations. Mr. Peetz replied that the Land Development Code would require an amended provision in Chapter 86. Discussion followed on the allowable change -of -use status for a resort dwelling and the subsequent concurrency evaluation requirement. Mr. Theodore concluded that he would be glad to clarify that resort dwellings are commercial and not subject to the concurrency review in a clean-up amendment. Ms. Roberts stated that she was not in support of the Agreement as presented. Mr. Theodore stated that if there were an issue over resort dwellings; then he encouraged the Council to approve the Agreement with a condition. He stated that he could return and confer with staff and come to an agreement after which the other cities would also need to approve it. Mr. Theodore said that the City of Rockledge desired an amendment to change the notification requirements from 90-to180-days. Mr. Theodore replied to the City Attorney that the School Board had already approved the Agreement. Mr. Theodore stated that an aggregate clean-up amendment would incorporate every city's amendments and lead to a consistent Agreement. Attorney Garganese replied to Mr. Nicholas that opting -out was not a provision. Mr. Peetz reminded that the City would need to adopt a school concurrency element as a DCA requirement prior to December 1 st Ms. Roberts stated that she thought school concurrency would be approached in a customized manner as part of the Comprehensive Plan review. Mr. Peetz stated that there was much coordination among the cities during the development Agreement process. He stated that Cape Canaveral's main concern was the generation rate. Mr. Petsos asked to know the concerns of other Council members. Ms. Roberts stated that it was more appropriate for each municipality to adopt a customized plan. Discussion followed on the possibility of a resort dwelling changing its use. Mr. Nicholas asked if the Council could provisionally accept the Agreement with the stipulation. Attorney Garganese advised the Council to accept the Agreement. Attorney Garganese reminded that one of the DCA sanctions was if the City failed to meet the City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 10 of 12 adoption deadline, then the City could not adopt any future Comprehensive Plan Amendments without a School Concurrency element. An amendment to main motion was made by Ms. Robert and seconded by Mr. Nicholas to Recommend that the Agreement be Clarified to Specifically Address Resort Dwellings and Resort Condominiums. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Interlocal Agreement for Public School Facility Planning. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Extend the Meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 4. Motion to Approve: FPL Engineering Deposit for Ridgewood Avenue to Bury Utility Lines. Mr. Tom Kunz, Customer Manager with Florida Power and Light [FPL], covering the governmental customers, addressed the Council and stated that interest in burying power lines was initiated due to hurricanes. Mayor Pro Tem Hoog expressed the desire to move forward with the Ridgewood Avenue project and he asked if there were a means of finance through FPL under the 25 percent Governmental Adjustment Factor [GAF]. Mr. Kunz addressed the possible GAF which was based on three miles, or 15,840 -feet and the Ridgewood Avenue project was approximately 7,000 feet and therefore illegible for the GAF. Mr. Kunz replied to Mayor Pro Tem Hoog that the City would be required to pay for the conversion; however, a taxing district could be established. Mr. Kunz explained that obtaining easements, the most time-consuming part of a conversion, would take more than 180 days. The upfront engineering fee would be applied to any costs. The project would need to start within the 180 days. Discussion followed over financing. Mr. Kunz replied to Mayor Randels that directional booring would not disrupt the storm drains. Mr. Boucher asked if the Ridgewood Avenue project was in FPL's Capital Improvement budget. Mr. Kunz replied that retrofitting was not forthcoming. Some discussion of project time, easement requirement, and possible funding followed. Ms. Roberts stated that the North Atlantic residents anticipated improvements in that area and the City should be clear about its Master Lighting Plan, identify which streets would be addressed, and proceed in a phased -in approach. Discussion concluded on a Workshop in February to address planned improvements for the City's three major arteries: Ridgewood Avenue, North Atlantic Avenue and Central Blvd. City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 11 of 12 No Action was taken on the Item. RESOLUTIONS: 5. Motion to Adopt: Resolution No. 2008-01; Urging the Members of the Florida Legislature to Support Municipal Issues During the 2008 Legislative Session. Mayor Randels read Resolution No. 2008-01 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2008 LEGISLATIVE SESSION. There was no further discussion on this item. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Adopt Resolution No. 2008-01. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. REPORTS: Staff Public Works Director No report. Assistant Public Works Director • No report. Building Official No report. Recreation Director No report. City Clerk • No report. City Attorney • Attorney Garganese stated that Mr. Hans Saurenmann initiated legal proceeding in the Circuit Court. The City applied for a temporary injunction in Circuit Court in order to gain compliance from Mr. Saurenmann related to him building an accessory structure without a permit. Mr. Saurenmann subsequently submitted a three -count, counter -claim seeking declaratory relief regarding the City's rights to easements that go across his property, that the City is trespassing on his land with City of Cape Canaveral, Florida City Council Regular Meeting Agenda January 15, 2008 Page 12 of 12 regard to a stormwater facility which is located on his recently acquired property, and for damages. The City's insurance carrier would subrogate the defense of the counter -claim and any inter -related action that the City originally filed. Attorney Garganese explained that he spoke with the Attorney with Compass Bank who gave verbal assurances to sign a Joinder agreeing to the new Sewer Utility Easement with a few minor changes to the document. The City needs a fully executed easement from Mr. Greene and the Bank for recording, after which the City would proceed with the work. Attorney Garganese affirmed that the City did receive the Letter of Credit related to the funds for relocating the sewer line. Ms. Roberts stated this was a Breach of Faith on Mr. Greene's part with the City due to lack of full disclosure of the Foreclosure action and she requested to place this on the upcoming Agenda. ADJOURNMENT: There being no further business, the meeting adjourned at 10:45 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE BREVARD COUNTY TRAVELING SKATE PARK AT THE YOUTH CENTER, SATURDAY, FEBRUARY 16, 2008, 11 AM TO 5 PM DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the approval of an outdoor entertainment permit for the Brevard County Traveling Skate Park on February 16th, as requested by the parks & recreation director. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Recreation director's memo; permit City Manage •' Mice Department PARKS & RECREATION ca 1m\myd is admin\counci meeting\2008\02-05-08\skatepark.doc Vi LA I 1 7,.-0 To: Mayor & City Council Members From: Robert Lefever 0 CC: Bennett Boucher, City Manager Date: January 15, 2008 Re: Brevard County Traveling Skate Park I have made arrangements to bring the Brevard County Traveling Skate Park to Cape Canaveral on Saturday, February 16, 2008. 1 have attached an Outdoor Entertainment Permit for your approval. The skate park will be set up on the basketball courts at the Youth Center on Saturday, February 16, 2008. Hours of operation will be from 11:00 am to 5:00 pm. Cost will be free to all kids. The skate park will be open one day only. No one under the age of 18 will be allowed to participate unless a parent permission form is completed by a parent or guardian. Helmets are required; knee and elbow pads, as well as wrist guards are strongly recommended. Brevard County Parks & Recreation Department will provide the onsite supervision. Cape Canaveral Parks & Recreation staff will be on-site to give added supervision. Thanks Robert Lefever, Recreation Director Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: 5'lar The applicant or representative agrees to be on site at all tinier cnipowcrcd With authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: �I A Address E -Mail: Telephone: ��j f '6 — -- — FAX: F- XV 7 Local Contact: S'pJsj Title: Local Address (if different from above) e3'Gi�Nt e - Type of Event: -- Tlavel �le Will Alcoholic Beverages Be Served on the Premises? YES NO_ I� Event Date(s) in Cape Canaveral•/L�(ir,� / •2 a� Location(s): Date(s) Time &e4 k�� 44 4&§ &aZt y 9,U61 Ave , Attach maps) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify: If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 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: S i1 C U. Policy No: Expiration Date: q 3a II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. A/ V- a// %nc %✓ C ��� Date As " Applicant or Represen tive/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 TRAVELING SKATE PARK Saturday, February 16, 2008 11:00 am -- 5:00 pm FREE Youth Center Basketball Courts 7920 Orange Avenue Permission form must be completed by parent or guardian! Helmets are Mandatory! For more information call 868-1226 Meeting Type: Regular Meeting Date 02-05-08 AGENDA Heading Consent Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR PERMIT FOR THE WALK FOR BIBLES, SPONSORED BY THE BREVARD BAPTIST ASSOCIATION DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the approval of the Outdoor Entertainment Permit for the Walk for Bibles on March 1, 2008, sponsored by the Brevard Baptist Association. Summary Explanation & Background: See attached application. This is a non-profit group, and they are requesting to be exempt from fees, $500 per day and $500 clean-up bond. The event will start at the First Baptist Church, 8711 N. Atlantic Avenue and proceed north to Jetty Park. I recommend approval with the requested exemptions. Exhibits Attached: Application package City Manager's Office Department ADMINISTRATION -nt\kim ents\admin\council\meeting\2008\02-05-08\bibles.doc Nov 29 2007 9:38AM City of Cape Canaveral 321-868-1224 p.l Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: 12- 5 - o 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. t� Name of Applicant: ,� [ R Q 1 � e �_ _ Title: `, u' e c.-0 Firm: J [) 62 r CC a j�A'ce- Y� Adds: 4 R Y, C r� C ��, ,. - s . 3 a'"i aD E -Mail: p n.-+ m 1' ff-I rx n (, C Orr) Telephone:_ " 1 - 7 3 Cl 0 cll� FAX: taZ — % $ LJ — q 14 LLa_ Local Contact: 3-L c- r 1 �- Title: m n Local Address (if different from above} Type of Event:_(AJrA_ED .'I- Qi i b f e S Will Alcoholic Beverages Be Served on the Premises? YES No X Event Date(s) in Cape Canaveral:, ry-) C1.r"C h , 0 U (�3 - Location(s): Date(s) Ck-r-Lkl 1 '� CLQ g Time C A -v -e n u H -n- C'b P A 'mac \,a+! ) Attach map(s) indicating event area and designated parking areas. Traffic Control DStreet Closing ❑Other Specify: Use of Police/Fire Rescue Equipment DVehicles/Equipment on Beach CVehicle Parking an City Property If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application most also be submitted along with all pertinent information relating to the temporary structures and their proposed location Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Persalt. By signing this application, the applicant acknowledges aad agrees to the following provisions. Nov 29 2007 9:38RM City of Cape Canaveral 321-868-1224 p.2 Revised 03-22-07 1. INSURANCI 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 5500,000.00 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: Nall all C %I CA-) I Policy No: r7 11- P R — J Lf & Y 9 a - 0 n C) � Expiration Date- 0 Il. PROMOTIONAL AUTFIORIZATIQ- Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. 11I. EXPENSMIF'EES The applicant agrees to pay the City, in advance, for any services provided by tate 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 Nan -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— e e s AA -r cJ ELLA t-� e � cL em�`5e o P u n C t °ie-- Date_ Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: i 2 --5- of Applicants shall beep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 01/07/2008 13:30 3216367437 PETPLICCI PAGE 01/01 CERTIFICATE OF INSURANCE licy or licies and The company indicated below certifies thateffetheIrsve teaofethisaf o erti rdEd ycdte.polhls Certificate o�IInnsuurrance described below is in force as of does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy numbered and described CERTIFICATE HOLDER: CITY OF CAPE CANAVERAL ?05 POLK AVENUE CAPE CANAVERAL. FL 32920 INSURED: BREVARD BA17IST ASSN INC 4235 SOUTH US #1 ROCKLEDGE. FL 32955 ( POLICY NUMBER ( POLICY I POLICY ( LIMITS OF LIABILITY I (*LTMITS AT INCEPTION) {& TYPE OF INSiURANCE ISSUING CO. (EFF. DATE (EXP. DATE ( } j LIABILITY } 77 -PR -546492.-0002 { 05.10-07 } 05 -10 -OB i Any Ore Occurrence..-...._ 1,000,000 } { f_X7 Liability and I NATIONWIDE } ( { } I Medical Expense { MUTUAL FIRE } Any Ore PersonlOrg .- .., $ 1,000,000 { I [X] Personal and I INSURANCE CO. { l 1 j Advertising IriJuryl! 1 ANY OIE PERSON ........_.. $ S,DaD I rX Medical Expenses Any Orae Fire or Explosion is 1.00.00 { } [Xl Fire Legal j ( { Liability Gener7ll Aggregate* .__.... $ 2,000,000 { Prodl1;omp Ops Aggregate* . $ 1,001400 [ ] Other Liability I I AUTOMOBILE LIABILITY j 77 -BA -546492.3001 j 05'10-06 ( 05-10-07 } I 8odilr injury I CX] BUSINESS AUTO } NATIONWIOE } , (Ea Person) .......... $ { MUTUAL FIRE } { --h (Ea:h Accident) ........ $ { { [X7 Owned INSURANCE CO. { } Property Damage } [ ] Wired } { (Each Accident} ........ $ j } [ 7 Non -Owned � { { } Combined Single Limit .-.. $ 1.,000,000 { � I I EXCESS LIABILITY { 17-cU-5A6492-3002 j 05-10-07 { 05 -10 -OB $ { Each Occurrence .......... 10,000,00 } Prod/Co= Ops/Disease {Insurance { Nationwide { j A% regate* ............. 3 10,000,000 1 } [X1 Umbrella Form Co, } ( j 77 -WC -546492-0003 05-10-07 ( 05-10-08 { STATUTORY LIMITS } { BODILY INJURYIACCIDENT ._- $ 1.00.000 j [X] Workers' } Nationwide Mutual { j { { } Bodi'y Injury by Disease { Compensation { ........ $ 100,000 EAIM EMPLOYEE. ._ I and { Insurance Co. I i { Bodi y Injury by Disease 1 rX7 E�tployers' } I I } PO.ICY LIMIT ........ $ 500.000 j { Liability { ( Should any of the above described policies be cancelled before the TYONJILOCATIONJ VEHZCLESlRESTRICTIONSlSPECTAL ITEMS expiration date, the insurance company will endeavor to mail 30 days holder, but failure to PRDOF OF INSURANCE written notice to the above named certificate mail such notice shall impose no obligation or liability upon the company, its agent:, or representatives. Effective Date of Certificate! 05-10-2007 Authorized Represeitat'ive. Susan A Petrucci 1,0 pate Certificate Issued: 01-07-2008 Countersigned at: 1199 SUS .�L 32956te Space Coast Seafarers Ministry Walk For Bibles March 1, 2008 Instructions: 1 — Mile Walk: Leave Cape Canaveral Baptist Church and walk north on N. Atiantic until you reach the intersection of George King. Return to the church. 2 - Mile Walk: Leave Cape Canaveral Baptist Church and walk north on N. Atlantic until you reach the intersection at George King. Turn right (east) and walk down George King to the entrance Of Jetty Park. Turn around and return to the church. 4 - Mile Walk: Leave church and walk north on N. Atlantic until you reach the intersection at George King. Turn right (east) and walk down George King to the entrance of Jetty Park. Turn around and return to the intersection with N. Atlantic. Continue west on George King to Flounder. Turn right and follow Flounder until you Reach Glen Cheek Blvd. Follow Glen Cheek until you reach the Turn around cones in the parking lot across the street from the "Miss Canaveral" Fishing boat. Return to the Church. *Please stay on the sidewalks *Cross streets at crosswalks only *Water will be available at the church, the Seafarers Ministry Hospitality Center, and at the cone markers at the 2 mile turn around (across the street from the "Miss Canaveral" fishing boat). • There will be a card table and chairs and garbage cans at each refreshment site. IlOv c. a� GUuo 1 , uc,nn V 1 .:y ur i,ap.� �(cf (IOVd('d� 1 uLl-tibd-1L�'! �D.4 .V u 4 "A!i,Vlat -At Nov 29 2007 9:38AM City of Cape Canaveral 321-868-1224 ARTICLE I. Ri GENERAL Secs. iEi-I—ID-23. Reserved. CLE'IL AMT-TSEMENT CODE* ^ Sec. I 26. _Adopted. (a) Th Standard Amusement 1985 editib ,published by the Sou Cade Cangr s International, Inc. reference as eugh it were capie article. (b) Whenev the term "a authority" or "of sial" is used in device code adopte in this sectio strued to mean the uilding offi his authorized rears entaiivp. CE } vice Code, rn Building adopted by fully in this ministrative he amusement it shall be ton- al o£ the city or (c) Any person wh shall volate or who shall, fat; to comply with thk code Jdapted in this sec- tion or who shallear ail to comply with viol any order or regulati de under the code adopted in -this section o o shall build in vio- lation of any detailed sta ent or specifications or plans submitted and ap ed under such code or any certiiEcate or'p ssued under such code shall, for each and ev s violation and non- compliance, respectivel be niched as provided in section 1-16. (Code 1981, H 628.01 628.0 } Sec. 10-27. Ame nts. The amusement evice code pted in section I0-26 is amended follows: (1) Section 108 1 is arnanded to ad as follows. Appointm nt. There is hereb_ established a board t be called the constni 'on board of adjust ent and appeals, which all con- sist of ve members. The board hall be appoint d by the city council. l2� Sectro 165.2 is amended to read as fo ows: 108.2. Membership and Terrors. *Cross ref ase -Code enforcement, 12-246 ec seq. \ 108.2.1 Membership. Aden \ strllction board of adjustrr \should be composed of ii lnowledge and experience c es, such as design prcfe: for or building industry A be d member shall n which he has a person terest. 108.2.2 ' rrns board mem er date of apps I any member board shall, a council, render immediate rea 108.2.8 Secret official or desig the board and a of all of its pvtoxcyp p.3 P of the ccn- and appeals vidsals with the technical nals, cont:a.c• act in a case in or financial in - The t cf office of the shall two years from the sent, ontinued absence of om r quired meetings of the 'scretion of the city ch member subject to v from office. y o Board- The building as I act as secretary o.7 all m a detailed recor, , dings, w "ch shall set forth the reasons fo its decision, he vote of each member, the bseace of s er and any failare of a ember to vote. (3) Seclion 111 .3 is amended to re as follows: 108.3 Q orum and voting. A si ple ma- jority the board shall cons -tote a Secs. 10.2810-45. Reserved. R.TICLE M. OUTDOOR ENTERTAINMENTf DIVISION 1. GENERALLY Sec. 10.46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context dearly indicates a different meaning - Outdoor entertainm.em' events means anv gath- ering of groups or persons for the purpose of per - +Cross references -Cads enforcement, f 2.246 et seq., parks and recreation, cls. $4, streets, sidewsllct amid other pudic places. ch. 86; buildings and building reculations. ch. Sul: zarsnQ ch. 110. CD10:3 Nov 29 2007 9:38AM 91046 City of Cape Canaveral CAPE CA-KAVEI;?.L CODE ticipating in, viewing, observing, watching or lis- tening to entertainment which consists of musica.z renditions, sporting contests or events, festival~ cr other entertainment not conducted within_ a completely enclosed structure. (Ord. No. 23-92, § 1(729>01), 12-1.92) Cross reference -De mitior-s and rWas 01W tstructior. Pon. eraily, § 1-2. r Sec. 10.47. Compliance with other laws. The staging, promoting orconducting ofan out- door entertainment event shall be in full and com- plete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli. cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10-48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-:L5. (b) The city council may revoke the special cut - door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational license upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12✓1-92) Sec. 10.49. Occupational license required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 74-88, which occupational license shall be issued only after issuance of the special ente_ta.inrnent permit by the city council. (Ord. No. 23-92, .4 1(729.00, 12-1-92) Cross reference- Occuoaticnat License [axes, 3 7 •88. Sec, 14-50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec- tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, amo- 321-868-1224 ciation or group if such outdoor entertainrment event of such organization, association or group has been sanctioned or approved by the council, Such sanction and approval of an outdoor enter- tainment event promoted by such organization., association or group shall be based upon a suffi- cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.DS), 12-1-92) Secs. 10.31-10-60. Reserved. DIVISION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, promote or con- duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord No. 23-92, § 1(729.03(A)), 12-1.92) Sec. 10-62. Application.. An application for a special outdoor entertain- ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event rar which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con. ditions as required by the council upon a review of any unique problems contained in the plans, doc. uments and information are met: C.D10:4 (11 Adequate plans for site construction., sani. tation facilities, sewage disposal, garbage and refssse disposal, drainage, fioadiiihting during darkness, insect and rodent control, water supply and food service. For the pur- poaes of evaluating such plans, the stan- dards established by the rules of the state p.4 Nov 29 2007 9:38AM City of Cape Canaveral 321-868-1224 p.5 EYFE3TAINNI MPIT3 � I^-62 division of health in the sanitary code of the state shall be considered as minimum reauiretnents. For the purposes of this ar- ticle, pax -.,r IV, chanter IOD -25, excluding sec- tions 25.077, 25.078, 25.075, 25.081), of the Florida Administrative Code and any suc- ceeding rule, regulation or law shalt be con- sidered specifically applicable to the oper- ation of an outdoor entertainment event. In evaluating the plans, tha council shall also consider the applicability of F.S. ch. 386, part I, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests cf the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facili- ties, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and Ear safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside. the designated parking area, ex- cept when necessary to ensure compliance with this article. i3) An adequate plan for medical facilities. There shall be provided one physician li- censed in this state on duty at all times for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- icines, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessary to treat ad- verse drug reactions, cuts, bruises, abra- sions, bites, fractures,-infectiens and other injuries commonly connected with such out- door activities. i4; An adequate plarl for internal security, traffic control, communications, fire protec- tion and emergency services, including am- bulance se -mice; in and around the event area. Such plan shah provide for at least one person professionally trained in secu- CD 10:5 rity and traffic control on duty at all times for every 500 patrons, ;with no security per- sonnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the pla.-+ of security, traffic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be implemented, and a detailed 'background on the training and ability of the personnel to be used in implementing such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event,, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups. (7) The names of all persons who will provide products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persons. (S) The exact date and time of commencement and the exact date and time of the conclu- sion of the outdoor entertainment event- No event shall begin before 10:00 a.m. or end ager 10:00 p.m. (9) A written public liability insurance Do licy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and dernands made by any person for injuries received in connection with the staging, promoting, con- ducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or in - Nov 29 2007 9:39RM § 1G-82 City of Cape Canaveral CAPE QAU PNERAL CODS jury to any one person for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than $500,000.00 for dwages incurred or claimed by more than one person for bcdLy injury or otherwise, plus $50,000.00 four damages to...property. The original or duplicate of such .policy shall be attached to the app?ieationi fps,{special outdoor entertainment permitfiogether with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deern necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10-83. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10-64. Cash cleanup bond. Any person holding special outdoor entertain. :Hent permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall he for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours frorn the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees 321-868-1224 and shrubbery or, such premises or the ad.ioFni_-cg property. Upon failure of the holder of the pe -,-mit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair .from. the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(?29.46), 12.1-92) Secs. 10.65-10-85. Reserved. 1 { ARTICLE IV ADULT ENTERTA1 "MNT* � I DIVISION 1. GENERALLY i See. X0.8 Definitlans. The follo words, terms and g rases, when used in this ' le, shall have the earrings as- them to them i this section, ex ept where the context clearly in tes a differ t meaning: Adult arcade mean§,`an es lishment where, for any form of consider tion, a or more motion picture projectors,slide pi, e rs or similar ma- chines for viewing b}' live fewer persons each are used to show films, motio pictures, video cas- settes, slides or other phot hic reproductions which are characterized b temp sis upon the de. piction or description of s ecified xual activities or specified anatomical areas. For a purposes of this article, adult arcade is includ within the definition of adult motion picture the ter. Adult bookstore mems a place thats Is or of- fers for sale, for any/corm of consideratio or materials. the gross isle of which represen ore than ten percent oRhe grabs sales of the pl or that comprises m4e than ten percent of the ' i- vidual items it cEsplays on the premises as i *Crova references -Code entorcemsnt i 2-240 et seq.; re- ulations regarding nudity on alcoholic beverage astablish. meat premixes, § 0.27; public nudity prohibited. 150-2; cccu- oational license taxes, § 70-66 et W.; sousing, ch. 1.1c, adult entertainment egtablishmente permitted by special exception in the M-1 light industrial and research and development dis. trict, § 110-384.: CD10:6 M Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE COMMUNITY CELEBRATION AT MANATEE SANCTUARY PARK, SATURDAY, MARCH 8, 2008, 11 AM TO 2 PM DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the approval of an outdoor entertainment permit for the Community Celebration at Manatee Sanctuary Park on March 8th, as requested by the parks & recreation director. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Recreation director's memo; permit City Manager' Office Department PARKS & RECREATION ca im\ doc s admin\council\meeting\2008\02-05-08\celebration.doc To: Mayor & City Council Members Fran Robert Lefever, Parks & Recreation Director CC. Bennett Boucher, City Manager Date: January 24, 2008 Ree Community Celebration The Parks & Recreation Department will be hosting the Community Celebration on Saturday, March 8, 2008 from 11:00 am — 2:00 pm. The event will be heli at Manatee Park. I have attached an Outdoor Entertainment Permit for your approval. I have also attached a flyer listing the activities & community services that will take place at the event. This years' featured attraction will be a Vendor Expo to showcase the local businesses of Cape Canaveral. Thanks, Robert Lefever Revised 03-22-07 CITY OF CAPE CANAVERAL, FLOIUDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT 4AI& The applicant or rcl)rescntiltiN,e agrees to be on site at all times cllil)owered With authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: 6 _`� TitIe:�2C; Firm:��! Address:_ 700 Itl• E -Mail:- PUP/� r��• /'/, pr,, Telephone: - ---I-AX. : Local Contact: -----w{,a.An� Local Address (if different Irons above) Type of Event: Will Alcoholic Beverages Be Served on the Premises? YES NO Event Date(s) in Cape Canaveral:_ iia f eQ r, R z pd f Location(s): Date(s) 1 Time A74 OIIA#e— Ar/le 7w r%u nm zlnl Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify: q 69 ( , If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 1. 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:� .lfdG O� �,wh f/P�_ Policy No: Expiration Date: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Y d /// 1i.& r Date Applicant or Repr entative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321)868-1224 CAPE CANAVERAL �DW 'v COMMUNITY CELEBRATION Saturday, March 8, 2008 11:00 a.m. — 2:00 p.m. Manatee Sanctuary Park 701 Thurm Boulevard Cape View PTO will host a Rummage Sale to benefit the Paul Realino Memorial Fund ENTERTAINMENT • Celebration's DJ • Bounce Houses • Obstacle Course • Face Painting • Rock Wall • Games • Balloon Art COMMUNITY SERVICES err., SNACKS • Pop Corn - $.50 • Soda - $.50 • Hot Dogs - $1.00 • Vendor Expo • Brevard County Sheriff's Department • Cape Canaveral Volunteer Fire Department • Antique Automobile Club of Cape Canaveral For more information please call the Recreation Complex at 868-1226. Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consent Item 5 No. See attached memo. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF SANITARY SEWER LINING SERVICES DEPT/DIVISION: PUBLIC WORKS/WATER RECLAMATION Requested Action: City Council consider the cooperative purchase of sanitary sewer lining services with Miller Pipeline Corporation in the amount of $158,105, utilizing the City of North Miami Beach Bid, as recommended by the public works director. Summary Explanation & Background: This is a budgeted, ongoing program. See attached memo. I recommend approval. Exhibits Attached: Public Works Director's Memo City Manager' Mice Department PUBLIC WORKS/WATER RECLAMATION Cc kim\m admin meeting\2008\02-05-08\sewer.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Walter Bandish Public Works Director DATE: January 16, 2008 SUBJECT: City Council Agenda Item for February 5, 2008 Cooperative Purchase with the City of North Miami Beach Sanitary Sewer Lining; Miller Pipeline Corp. As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning televising, and repairing and /or replacing of sewer lines as required. Five years ago the Collection crew had identified problems areas and developed a plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform relining of sewer pipe and manhole repair of the City's sanitary system. The streets scheduled for this year are attached. The projected cost for slip lining 4020 LF. This includes 8", 10", 15" diameter pipe.The total amount of this year project is $158,105.00. Funds have been budgeted in this year Sewer Improvements in the amount of $200,000. The purchase of this service will be through a cooperative bid with the City of North Miami Beach, Bid No. 2002-14 and extended through July 22, 2008 awarded to Miller Pipe Corp. The City had utilized Miller Pipe Corp. for many years and found the quality of workmanship satisfactory. Cost estimate has been verified with Miller Pipe. Recommend approving the cooperative purchase with the City of North Miami Beach for service from Miller Pipeline Corp. in the amount of $158,105. Attachment CC: File Miller Pipeline Corp. Cape Canaveral Lining Assignment 2008 Upstream Downstream Service Street Manhole Manhole Diameter length Connections price State Road A•1 -A 114-8 114-9 8 273 3 $ 8,442.00 State Road A-1 -A 114-9 11410 8 355 5 $ 11,170.00 Holman Avenue 108-19 108-5 8 157 1 $ 4,728.00 Holman Avenue 108-5 108-6 8 95 0 $ 2,765.00 Holman Avenue 10" 108-9 8 350 4 $ 10,850.00 Easement off A-1 A 108-9 108-10 8 190 3 $ 6,035.00 Easement off A-1 -A 108-10 108-10A 8 10 0 $ 290.00 Easement off A-1 -A 108-12 108-10 8 250 2 $ 7,600.00 Easement off Holman 114-7 108-12 8 300 4 $ 9,400.00 Easement off A-1 -A 108-10A 108-11 8 195 2 $ 6,005.00 Astronaut Blvd. 110-10 110-12 10 236 2 $ 7,902.00 Astronaut Blvd. 110-12 110-13 10 247 2 $ 8,264.00 Astronaut Blvd. 110-13 110-43 10 247 2 $ 8,264.00 Orange Avenue 115-14 115-21 15 295 2 $ 17,460.00 Orange Avenue 115-21 115-27 15 295 1 $ 17,285 00 Washington Avenue 116-68 1169 15 275 4 $ 16,650.00 Washington Avenue 116-69 116-70 15 250 3 $ 15,025.00 Totals 4020 40 $158,105.00 � MLM City of North Miami Beach, Florida PURCHASING DIVISION May 1, 2007 Mr. Mark Wallbom Miller Pipeline Corporation 8850 Crawfordsville Road Indianapolis, IN 46234 Re: Bid #2002-14 Sewer Collection System Rehabilitation Program Dear Mr. Wallbom: This will confirm our agreement to extend through July 22, 2008 our contract for the Sewer Collection System Rehabilitation Program. All prices, terms, and conditions of the original agreement dated July 22, 2003 shall remain in full force and effect. Please sign this letter below, acknowledging agreement to this extension, and return it for our City Manager's signature. A copy of the signed letter shall be sent to you for your records. Also, please submit your company's current insurance certificates for General Liability, Workers' Compensation and Automobile Liability. The City of North Miami Beach must be named as additional insured for the General Liability coverage. Sincere s annon Graham ' City Buyer KE N O P PRESID (SIGN TUBE) CITY MANAGER Miller Pipeline Corporation PRESIDENT (PRINTED NAME) Miller Pipeline Corporation 5 0� o DATE 17011 N.E. 19 Avenue, North Miami Beach, Florida 33162-3100.305-948-2976.305-948-2985 • FAX 305-957-3522 citynmb.com 61 CITY OF CAPE CANAVERAL us2007-08 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND - WWTP a401 -10 -535 - CODE I DESCRIPTION DETAILED JUSTIFICATION 630500 LIFT STATION REHABILITATION VALVE BOX CHECK VALVES /PIPING REPLACEMENT LIFT STATION #3 42,000 LIFT STATION RENOVATION 45,000 LIFT STATION PUMP REPLACEMENT 23,900 VFD's FOR INTERMEDIATE PUMP STATION 5,500 $ 116,400 REPAIR AND SLIP LINING OF COLLECTION SYSTEM T 200,000 $ 200,000 CHART RECORDER REPLACEMENT 2,500 DISHWASHER FOR LAB 7,000 EMERGENCY GENERATOR FOR L/W 80,000 PC UPGRADES (2) 2,800 SERVER UPGRADE/REPLACEMENT 1,500 ZEROX COPIER 7,500 TECHNOLOGY IMPROVEMENTS 3,500 SECURITY EQUIPMENT/CAMERAS 8,000 OFFICE FURNITURE 6,000 SHELVING FOR WAREHOUSE 4,000 RADIOS IN L/S #1, 2, 3, 4 (FIRST YEAR) 20,800 CRANE FOR COLLECTIONS TRUCK 15,300 78 $ 158,900 of North Miami Beach SP -7 8/1/2002 er Rehabilitation Miller Pipeline Corporation dba Griner's Kid, Name of Bidder Pipeline Service Signatu a of Bidder Item Estimated Unit krice Bid No. Description Quantity (in both words and figures) Total Figure Removal of protruding service connections Three Hundred dollars $ 9a (in 8 -inch to 12 -inch 100 EA and, No cents -30 ,000.00 piping) ($.300.00 ) Removal of protruding 8b service connections 60 EA _.Four Hundred Fifty dollars $ 22,500-00 (n 16 -inch to 24 -inch and No cents piping) ($ 1+50.00 ) Furnish and install PVC Thirty dollars 10a liner 3,000 LF $ 90,000.00 (6 -inch piping) and No cents ($ 30.00 ) Furnish and install PVC Twenty -Nine dollars 10b liner 20,000 LF $580,d00.o0 (8 -inch piping) and No cents ($ 24.00 ) Furnish and install PVC Thirty -Two dollars 10c liner 3,000 LF $ 96 , 0'0o . 0o (10 -inch piping) and No cents ($32.00 ) Furnish and install PVC Thirty -Six dollars 10d liner 3,000 LF $ i o8'nn0.00 (12 -inch piping) and No cents ($36 . oo ) Furnish and install CIP Pi fty-Fight dollars Ila liner 3,000 LF $ 174.000 . o0 (16 -inch piping) and Nn cents ($_ 58.00 ) Furnish and install CIP Seventy -Eight dollars 11 b liner 3,000 LF No $ 234 ,000.00 (18 -inch piping) and cents c' ($ 78 0o ) of North Miami Beach SP -7 8/1/2002 er Rehabilitation Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Site Plan Item The proposed Burger King site plan is located as an out parcel of the Residence Inn. The proposed building No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: PROPOSED BURGER KING SITE PLAN DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council review and consider the approval of the proposed Burger King site plan as recommended by the Planning & Zoning Board. Summary Explanation & Background: The proposed Burger King site plan is located as an out parcel of the Residence Inn. The proposed building is 2,221 s.f., 18.25 ft. in height, provides for 25 parking spaces and two handicap parking spaces. Please advise. Exhibits Attached: Planning & Zoning Board's recommendation dated 01-23-08; site plan application; city planner report; staff comments; site plan (hand-out) and Community Appearance Board information CitManager' ffice City Z Department GROWTH MGMT/P&Z t kim\ do n s\admin il--�-meeting\2008\02-05-08\burgerking.doc r City of Cape Canaveral or Date: January 24, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Burger King Site Plan ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting held on January 23, 2008, by unanimous vote, the Board recommended that the Burger King Site Plan be approved with the following condition: The lot shall be acknowledged by a lot -split Resolution, as described by the Assistant City Attorney. The Resolution shall recognize that the lot should not be subdivided for future development, without prior City approval; and should also include all shared easements. Please schedule this recommendation for an upcoming City Council meeting. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com FEE: 014.50 PROJECT IA -'SIE: 1 DATE: l 90VEK$Ec2 2cn-1 LEGAL. DESCREpTTO_i: 1•D fie. �-, . 15•ao•25.d-eaa.'n.� - - - �- 1 . x: • (o(e� • i f� wu�per: LUIS ?%VeeA) -A-)E OF ARCHITECT/ENGE EER: $ G PHONE -Ni..�LBER: APPLIC.L\i"S SIGNATURE: d"�. - TRS E. OWE OR AGE�iT PHONE "'t-ILBER: X21 • ?1E(�: 4523 SITIE PL,,IN APPROVAL PROCEDURE: Step 1. Site Pian Sub ' tt-ii and Review Required: es No _ New commercial building or strx.Cture. .............. .. �:eSv residential structures with three or more dwelinz units? Commercial additions exceeding 8-0 square feet? If yes has been checked on any of the above -� ir,_as.ite_fan submrtt ----requed— I and revietiv Step 2. Submit five () copies Profess p of the sire plan sued and sealed bv. a Professional Engineer, licensed in the State of Florida along with a �iling fee to the Building Deparrment 30 days prior to the Planning , Zoning Board meeting. (The guard meets the 2nd and 4th Wednesdnd of every month.) av The Building Department shall digHbute the site plans to the folio ' departments and return comments to the applicant within 10 days submittal. _ is 1 . Cir' Engineer • Building Department 3• Fire Oficial 4. Florida Department of Environmental Protection (if appropriate) Step 3. The applicant shall return nine (9) copies of the revised site with written responses to aII comments at least seven � e plan along a Planning and Zoning meeting. ()days prior to Step 4. Compliance with Stormwater Concurrency Management. Step 5. The Building Department will return one (I) co v Of the site plan to applicant marked with the Board's approval subject to contingenciesthe if applicable.) SITE PLAN CHECh�,IST (General) Fes NO N.A. Size; height, number of units and location ofpro osed existing structures. P P and V Dimensions evoted to Structures parking and landscaping. ✓ -Number of units ✓ dumber of parking spaces and loading zones Traffic flow diagram ✓ Density (units per acre) Location and dimension for the following areas: ✓ Swimming pool(s) Driveway (s) ✓ Recreation Park(s) ✓ Caoal(s) N-Vater-w-av(s) ✓ Boat slip (s) Parking ✓ Swimming pool(s) Driveway (s) ✓ Recreation Yes No N_A SITE PL A X7 CBECI�,IST (CONDI PAGE 2 Trash Sidewalks Dune crossovers Other (specify) T,, -Pe of enciosure_for cQ_matunai t -r- - –coa_taer(s) Fire alarm and standpipe data Vicinjry man Location of planned landscaping Finished grades for the following; Entire parcel Finished floors Street, - Parking lots Sidewalks IO" of adjoining property Details. sections and specifications Street lights Water and sewer - PAGE 3 Yes 'NO N.A. Paving and drainage ` Curbs Storm drains f Sidewalks FII='-IIeer's_-sea]- _ _ . - . - . oa drawwgs- Sauare footage of building - areas ✓ LiS'ing Parking `- Others �' � p uyJ Total under roof Required notes: f Sidewall; and sanitary sewers to be constructed to Cit Cape Canaveral y of standards 'Water lines to conform to Citv of Cocoa standards Fire alarm s.vstem to be installed and to City of Cape Canaveral Fire Department standards. TOPCCR-�_PHIC SL-R`-Ey USC and G.S. da tum plane —� Existing street Lights City of Cape Canaveral Burger King Site Plan Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: Tracy Kirkland Section 24 Township 37 Range 15 C-1 Commercial: 1.43 +/- Acres Commercial C-1 N/A N/A N/A Commercial C-1 Commercial C-1 Description: The applicant proposes to construct an 18.25 foot high, 2,221 square foot Burger King on a 1.43 acre lot. The subject site is an outparcel of the larger 7.66 AIA Acquisition Group LTD parcel, located adjacent to and west of Astronaut Boulevard and north of West Central Boulevard. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,317. There is still adequate park space available. North South East West Zoning C-1 Commercial C-1 Commercial ROW C-1 Commercial and R-3 Residential Comp Plan C-1 Commercial C-1 Commercial ROW C-1 Commercial and R-3 Residential Existing Hertz Rental Cars Vacant / Outparcel ROW The Residence Inn Conditions I I I I / Marriott Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,317. There is still adequate park space available. North Atlantic is operating at Level of Service "D" with 261 available peak hour trips from George King to Central Blvd. North Atlantic from Central Blvd to AIA has a level of Service is "D" with 277 excess trips if developed as proposed3-thg size -could gengratg 121 pm peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The cxisting usage is 1.17 MGD with ail excess capacity of .63 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Canaveral Complex sand soil type. Canaveral Complex soils are nearly level and gently sloping soils that are a mixture of sand and shell fragments. The water table is between depths of 10 and 40 inches for 2 to 4 months a year. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This project is for commercial development, and is not expected to directly generate any additional persons. MEMORANDUM TO: Todd Morley Building Official FROM: Walter Bandish/Jeff Ratliff City of Cape Canaveral 868-1240 DATE: 12/20/07 RE: Burger King Site Plan Review — 2nd Submittal Public Works staff has reviewed the referenced site plan submittal and has no additional comments. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer -of -Record is responsible for any requirements not identified by the City. Page 1 of 1 Todd Peetz From: John Cunningham Dcunningham@ccvfd.org] Sent: Wednesday, December 26, 2007 10:40 AM To: Todd Peetz Subject: Re: Burger King (Site Plan) Todd, We have reviewed the site plan and have no comments at this time. Under Florida Statute 668.6076, email addresses are public records. If you do not want your email address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. This message contains information which may be privileged, confidential, or otherwise protected from disclosure and is intended only for the individual(s) named. If you are not an addressee; any disclosure, copy, distribution, or use of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender by reply e- mail and destroy the original message and all copies. Messages sent to and from us may be monitored. (v.le) 1/15/2008 January 4, 2008 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Site Plan - Burger King - Review #2 SSA Job No. 05-0025, Task 55-1004 Dear Mr. Peetz: SSA SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. ILL9 rct4l-, John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee for Review #2 - Included in 1St Review NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. � J STOTrUR STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral. Florida 32920 Tel 321-783-1320 Fax 321.7837065 1.1c. NAAC000329 #EB0000762 /LB0006700 JiCIVILIProjects\CAPE12007g-burger king review 2 - APPROVE.doc Memorandum To: Todd Morley, Building Official From: Todd Peetz. Citv Planner Date: January 15, 2008 Re: Burger King Site Plan Review I have reviewed the Burger King Site Plan and have one comment at this time. A replat is required to complete the site plan. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Page 1 of 1 http://www.brevardpropertyappraiser.com/scriptslesrimap.dll?name=Brevardl &id=200801... 1/16/2008 Page 1 of 1 http://www.brevardpropertyappraiser.com/scriptslesrimap.dll?name=Brevard 1 &id=200801... 1/16/2008 ARTICLE VI. SITE PLANS* Page 1 of 1 Sec. 110-222. Criteria required. Site plan criteria required under this chapter shall be as follows: (1) Plan drawn to scale, no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site data: a. Size, height, number of units and location of proposed and existing structures and their relationship to property lines, setbacks, easements, streets, etc. b. Dimensions and total gross acreage of the site and percentage devoted to structures and percentage of parking area devoted to landscaping with curbs and water provisions. c. Total number of units proposed; total number and size of on-site parking spaces and loading zones. d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. e. Calculation of density (dwelling units per acre). f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas, swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune crossovers, etc. g. In those site plans which require a subdivision of land, no site plan shall be approved until the city council has given approval to the preliminary plat. h. The type of enclosure for and location of communal -type trash containers (dumpsters). Type of enclosure shall be subject to approval and acceptance of the planning and zoning board. i. Fire alarm and standpipe data, when required. j. Site vicinity map. k. Location of planned landscaping in compliance with sections 110-566 and 110-567. http://libraryl.municode.com/default/DocView/12642/l/194/200 1/30/2008 00 W J Q U N z 0 L1J J W H z 0 De LL - O w� Z N U O El I W Q U a ; N 0 F -II W J W LU F—I o€ ae S M1U ONY NYId OLsf00 w YLY SCLC-BBf-SOt �lMa 008E-aLf-SOC 3NOH IN313330VMn 103Mtld V .rLw ilfC YOINOV 'INYIN 1L le"BLa'L0� %f N9530 tl0liLilN1 19u10 3Na0 NOOOYI 3flla SOSe BOOS"SYa'LM Hd 'dtlon sNw d3aan aool aifavaiaw 'oarvvlao axan3rvnN3 7YH8AYNYO HdVO - 'JNLY Hfi9tILIH • 331 Cf8 3a0L0311HONY MVId213IW1 • o'Looz /aI COMMUNITY APPEARANCE BOARD APPLICATION & GENERAL INFORMATION TO BE COMPLETED BY APPLICANT cKefv��T 4p 0'1-35 Type of Request: WV1<L Z - Commeeum- 4 WDUSTQUA-L PttOAGffs Date Submitted: 2O %PMKOeR� 200-1 Project Name (if Applicable): 13Ueraeg- Vigh - Apex CAwrveeAt- Project Address: f 59 ASTR 4AuT- PzL P., %pT CAS mUeaM., Pi- 32g2 -o Legal Description: Section 15 , Township Z4 , Range 3"1 , Lot(s) , Block , Parcel 24-1-7-i5- oo-Cno2S.O•c000. o0 Subdivision: UWW0;EYeo LAaD L%4 t" W or- 6&4r Name (s) of Property Owner (s) : 1�111 Qase Vi 96 COR MA-ci o&► c1b LUIS Qt VEeA Owner(s) Address: 550519W LAE►aa.t-D¢• , MIAMl.V1, 331240 Phone#: 500 • (o C-9 - ISOO Fax#: ',SDS • 3'18 -'11'24 Applicant Name: Wn-:eP1-a s LLC- % E. KiF.lu.A-k-to Applicant Address: 0) 3S LP -E 1WAO , atl.hl40p . PL 3281 o CEU.*= 321.24`4825 Phone#: 401.10445.5CVS Fax#: 4o'1- 102,9 - c3 t 24 E-MkL-: Tk%rklaAde-lAtGrpiciAorlarklo-con, (Office Use Only) Is application complete: �Q/NO If no, date application returned to applicant: Date/Time Board will consider request: oar 1. moo-' 7 Ph Application Fee: -w 75.00 Fee Paid: VQWNo Application Reviewed by: 1 Date Reviewed: f 1--20c2 la2 APPROVED AT COMMUNITY APPEARANCE BOARD MEETING OF: /0 / ! 5 / 0-1 I DATE - CHAIRPERSON CONDITIONS: Peyi!�J o�a•-i ofoaye Q -3- 01 0921'07 ii„?n 04349 PI -11 FI.:11 $75. ITEM NO. 7 RESOLUTION NO. 2008- 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER POLICY AND WRITTEN STATEMENT ADDRESSING THE CITY'S COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; CERTIFYING COMPLIANCE WITH SECTION 119.071(5), FLORIDA STATUTES, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council recognizes that social security numbers were never intended to be used for business purposes but were intended to be used solely for the administration of the federal Social Security System; and WHEREAS, the City Council further recognizes that over time, this unique numeric identifier has been used extensively for identity verification purposes and other legitimate consensual purposes; and WHEREAS, the Florida Legislature has recently amended Chapter 119, Florida Statutes, with regard to public agencies' collection of social security numbers; and WHEREAS, the City may not collect an individual's social security number unless it has stated in writing the purpose for collection and unless it is specifically authorized by law to do so, or it is imperative for the performance of that agency's duties and responsibilities as prescribed by law; and WHEREAS, the City Council desires to adopt a formal policy addressing the City's use of social security numbers and to certify the City's compliance with applicable law to the President of the Senate and Speaker of the House of Representatives; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY City of Cape Canaveral Resolution No. 2008 - Page 1 of 3 OF CAPE CANAVERAL, SREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Social Security Number Policy. The City Council hereby adopts the following policy with regard to the City's collection of social security numbers: A. The City of Cape Canaveral shall not collect an individual's social security number unless the City has stated in writing the purpose for its collection and unless it is: 1. Specifically authorized by law to do so; or 2. Imperative for the performance of the City's duties and responsibilities as prescribed by law. B. Social security numbers collected by the City shall not be used by the City for any purpose other than the purpose provided in the written statement. C. The City shall provide a Notice to each individual whose social security number is collected by the City. D. The City Clerk shall, by January 31 st of each year, identify all commercial entities that have requested social security numbers during the preceding calendar year, and the specific purpose or purposes stated by each commercial entity regarding its need for social security numbers in a report that is filed with the Executive Office of the Governor, the President of the Senate and the Speaker of the House of Representatives. If no such disclosure request were made in the preceding year, the City Clerk shall also indicate the same on the report. Section 3. Notice of Purpose of Request for Social Security Numbers. The City Council hereby adopts the "Notice of Purpose of Request for Social Security Numbers," attached hereto as Exhibit "A" and fully incorporated herein by this reference ("Notice"). Section 4. Certification of Compliance. The City Council hereby certifies its compliance with section 119.071(5), Florida Statutes. The City Clerk is hereby directed to forward a copy of this Resolution to the President of the Senate and the Speaker of the House of Representatives as required by section 119.071(5)(a)4.b., Florida Statutes. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2008 - Page 2 of 3 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Shannon Roberts Buzz Petsos Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2008 - Page 3 of 3 EXHIBIT d NOTICE OF PURPOSE OF REQUEST FOR SOCIAL SECURITY NUMBER Please be advised that the City of Cape Canaveral collects social security numbers for the following purposes: classification of accounts, identification and verification; billing and payments; credit collection purposes; data collection; reconciliation; tracking; employment purposes; benefit processing tax reporting; and police statements and arrests. Social Security numbers are also used as a unique numeric identifier and may be used for search purposes. This Notice is provided pursuant to section 119.071(5), Florida Statutes (2007). Please contact the office of the City Clerk for additional information at (321) 868-1221. Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Resolution [tem 8 No. See above. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-03, APPROVING A LOT SPLIT AS A CONDITION OF SITE PLAN APPROVAL FOR BURGER KING DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2008-03 approving a lot split, as a condition of site plan approval for the Burger King project, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached resolution, P&Z recommendation, letter and code section 110-222(g). Exhibits Attached: See above. City Manager's Office Department GROWTH MGMT/P&Z Ccam - im\m uments\admin\co i \meeting\2008\02-05-08\2008-03.doc RESOLUTION NO. 2008-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING A LOT SPLIT, AS A CONDITION OF SITE PLAN APPROVAL, OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHWAY AIA AND COMMONLY REFERRED TO AS "OUT PARCEL 2"; RECOGNIZING THE PROPERTY AS A SEPARATE AND DISTINCT LOT FOR DEVELOPMENT PURPOSES ONLY; PROVIDING THAT ANY FURTHER SUBDIVISION OF OUT PARCEL 2 BE IN COMPLIANCE WITH ANY APPLICABLE LAW OR ORDINANCE; LIMITING ACCESS TO AND FROM HIGHWAY AIA; PROVIDING THAT THIS RESOLUTION SHALL BE RECORDED IN THE PUBLIC RECORDS OF BREVARD COUNTY AND SHALL RUN WITH THE LAND; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2004, AIA Acquisition Group, Ltd., L.L.P. ("AlA Acquisition") acquired two (2) contiguous parcels of real property located in the City pursuant to warranty deeds recorded in Brevard County Official Record Book 5288, Page 2196 and Book 5288, Page 2198 (collectively "the Property"); and WHEREAS, AIA Acquisition pursued development of the Property as three (3) parcels (identified as the Residence Inn Parcel, Out Parcel 1 and Out Parcel 2) pursuant to a site plan approved by the City on January 26, 2005; and WHEREAS, as a condition of the City's site plan approval, AIA Acquisition entered into that Unity of Title and Access Limitation Agreement ("the Agreement") with the City recorded in Brevard County Official Record Book 5421, Page 6998, which unified title of the Residence Inn Parcel for development purposes; and WHEREAS, the Property's two (2) remaining out parcels are not part of the Property unified in title for development purposes; and WHEREAS, AIA Acquisition intended that Out Parcel 1 and Out Parcel 2 be developed as City of Cape Canaveral Resolution No. 2008-03 Pale I of 3 WHEREAS, Out Parcel 1 was previously recognized by the City for the development of a separate and distinct development project; and WHEREAS, the new owner of Out Parcel 2, AIA Outparcel Group, L.L.L.P., ("AIA Outparcel") desires that Out Parcel 2 be available for development without formal platting, pursuant to a site plan now or hereafter approved by the City; and WHEREAS, for the purpose of future development of Out Parcel 2 pursuant to a site plan now or hereafter approved by the City, the City Council agrees to recognize Out Parcel 2 as a separate and distinct lot for development purposes pursuant to the terms and conditions set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Approval of Lot Split. The City Council hereby approves a lot split as follows: A. Lot Split. The City Council agrees to recognize Out Parcel 2, depicted and legally described in Composite Exhibit "A," attached hereto and fully incorporated herein by this reference, as a separate and distinct lot for development purposes only. B. Further Subdivision of Out Parcel 2. Out Parcel 2 shall not be further subdivided except in compliance with all applicable laws or ordinances. C. Access, Ingress & Egress. Out Parcel 2 access, ingress and egress (including curb cuts) directly to and from Highway AIA (Astronaut Boulevard) shall be prohibited without the prior written consent of the City. D. Terms and Conditions to Run tivith the Land. The terms and conditions of the lot split set forth in this Resolution shall run with the land and shall be binding upon Out Parcel 2. Section 3. City Clerk to Record Resolution. Upon approval of this Resolution by the City Council and full execution by City, the City Clerk is hereby directed to record this Resolution in the Official Records of Brevard County, Florida. City of Cape Canaveral Resolution No. 2008-03 Page 2 of 3 Section 4. City's Official Maps and Records to be Updated. Upon approval of this Resolution by the City Council and full execution by the City, the official maps and records of the City shall be updated to reflect Out Parcel 2 as a separate and distinct lot for development purposes as set forth in this Resolution. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of 12008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoo - Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Shannon Roberts Buzz Petsos Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2008-03 Page 3 of 3 EXHIBIT— S „A „ SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY OUT PARCEL 2 POINT OF COMMENCEMENT INTERSEC77ON OF NORTH LINE OF SOUTH 3316.60 FEET OF SECTION 15 & WESTERLY RIGHT OF WAY LINE OF STATE ROAD A -1—A N. LINE OF S 3316.80' OF SE0770N 15 o, POINT OF BEGINNING 0 15 30 80 GRAPHIC SCALE A G o� O 11,96 EXHIBIT "A" SHEET 1 OF 2 / `p , p off'° 4. Iz 01 LLEN 23 ngineering, Inc. -, 50`'��� Sy SURVEYORS - ENGINEERS 106 DIXIE LANE COCOA BEACH, FLORIDA 32931 > TELEPHONE: (321)783-7443 - FAX: (321)783-5902 vN s WEBSITE: www.alleneng.net - EVAlk info@alleneng.net � SEE SHEET 2 FOR DESCRIPTION, 3. 2. SURVEYOR'S CERTIFICATION Et NOTES 0 PREPARED AND CERTIFIED FOR: A DATE.- 1-31-05 DRAWN BY. DJG A 1A ACQUISITION GROUP. Ltd., L. L.P. JOB NO. 030025 SCALE: 1 "=60' DESCRIPTION NOT A BOUNDARY SURVEY DESCRIPTION: OUT PARCEL 2 A portion of those lands described in Official Records Book 5288, Page 2196 and Official Records Book 5288, Page 2198, of the Public Records of Brevard County, Florida, lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the Westerly right of way line of State Road A -1—A (a 100.00 foot wide right of woy); thence S3 thence along said Westerly right. of way line, a distance of 660.78 feet, to the POINT OF BEGINNING of the herein described parcel; thence continue, S37'21'10"E, along said Westerly right of way line, a distance of 294.74 feet, to the southerly line of said lands; thence S52'38'50"W. along the southerly line of said lands, a distance of 213.04 feet; thence M37'21'00"W, a distance of 270.04 feet; thence N25'31 '22" E, a distance of 54.21 feet; thence N5239'00"E, a distance of 164.78 feet, to the POINT OF BEGINNING; Containing 1.43 acres, more or less, SURVEYOR'S NOTES: THIS IS NOT A SURVEY. 2. The bearings shown hereon are based on a bearing of S37'21'10"E, along Westerly right of way line. J. e = Denotes change in direction (no corner found or set). SEE SHEET 1 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION SURVEYOR'S CERTIFICATION: EXHIBIT "A" l hereby certify that the attached Property Description was prepared under my direction, in accordance with all applicable requirements of SHEET 2 OF 2 the "Minimum Technical Standards," for land surveying in the State of Florida, described in Chapter 61G17-6, Florida Adm' 'strative Code, pursuant to Chapter 472.027, Florida Statutes. 7 s1 Vni'�eering, ALLEN NGl , •ERI1NC. gInc. /SllRYEYORS - ENGINEERS 106 DDH LINE Not valid without the Y. COCOA BEACH, FWRIDA 32931 -- TRWHONE: (321)183-7443 - FAR: (921)783-5002 signature and the original ER ALMON o i1EBSITE: xxw.a leneng.net - EMAIL info@alleaeag.uet raised seal of a Florida t rofessi Surveyor & Mapper J. licensed surveyor and mapper. flor/da gistration No. 4262 e 2.1 PREPARED AND CERT/F/ED FOR: 0 e 1.1 AIA ACQUISITION GROUP, Ltd., L.L.P. JOB NO. 030025 DA TE: 1-31-05 Prepared by and return to: Katherine W. Latorre, Esq. Cape Canaveral Assistant City Attorney Brown, Garganese, Weiss & D'agresta P.A. P.O. Box 2873 Orlando. FL 32802-2873 (407)425-9566 CONSENT AGREEMENT The undersigned, AIA OUTPARCEL GROUP, L.L.L.P., a Florida limited liability limited partnership, having a principal address of 8959 Astronaut Boulevard, Cape Canaveral, Florida 32920, hereby consents to the lot split and related restrictions set forth and approved in City of Cape Canaveral Resolution 2008-03. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed by its proper officer, duly authorized, and its seal to be affixed hereto this day of 12008. Signed and sealed in the presence of: [Print or Type Name] [Print or Type Name] STATE OF FLORIDA COUNTY OF AIA OUTPARCEL GROUP, L.L.L.P., a Florida limited liability limited partnership. By: A 1 A OUTPARCEL CORP., a Florida corporation, as its general partner. Tom C. Hermansen, its President The foregoing instrument was acknowledged before me this day of , 2008, by Tom C. Hermansen, as President of AlA Outparcel Corp., a Florida corporation, as General Partner of AlA Outparcel Group, L.L.L.P., a Florida limited liability limited partnership, on behalf of said corporation and partnership, iii who is personally known to me, or C'. who has produced Florida Driver's License as identification. {Notary Seal must be affixed) (Signature of Notary) (Print Name of Notary Public) Notary Public, State of Florida My Commission Expires: Commission No.: City of Cape Canaveral Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Burger King Site Plan ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting held on January 23, 2008, by unanimous vote, the Board recommended that the Burger King Site Plan be approved with the following condition: The lot shall be acknowledged by a lot -split Resolution, as described by the Assistant City Attorney. The Resolution shall recognize that the lot should not be subdivided for future development, without prior City approval; and should also include all shared easements. Please schedule this recommendation for an upcoming City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (32.1) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com ARTICLE VI. SITE PLANS* Page 1 of 1 Sec. 110-222. Criteria required. Site plan criteria required under this chapter shall be as follows: (1) Plan drawn to scale, no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site data: a. Size, height, number of units and location of proposed and existing structures and their relationship to property lines, setbacks, easements, streets, etc. b. Dimensions and total gross acreage of the site and percentage devoted to structures and percentage of parking area devoted to landscaping with curbs and water provisions. c. Total number of units proposed; total number and size of on-site parking spaces and loading zones. d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. e. Calculation of density (dwelling units per acre) f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas, swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune crossovers, etc. g. In those site plans which require a subdivision of land, no site plan shall be ----�� approved until the city council has given approval to the preliminary plat. h. The type of enclosure for and location of communal -type trash containers (dumpsters). Type of enclosure shall be subject to approval and acceptance of the planning and zoning board. i. Fire alarm and standpipe data, when required. j. Site vicinity map. k. Location of planned landscaping in compliance with sections 110-566 and 110-567. http://libraryI.municode.com/default/DocView/12642/l/194/200 1/30/2008 ITEM NO. 9 I :� x.Y1]�1�[13��1;[I�►�IZIF�II! A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF THE TIME LIMITS TO DISPLAY TEMPORARY ON -PREMISES SIGNS SET FORTH IN SECTION 94-76 AND APPROVING THE SUSPENSION OF PERMIT FEES FOR TEMPORARY ON -PREMISES SIGNS IMPOSED BY SECTION 94-35; SUSPENDING SAID CODE PROVISIONS FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR ONE (1) SIX (6) MONTH EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, exceptwhen expressly prohibited by law: and WHEREAS, over the course of many months, the City Council and the Planning & Zoning Board have comprehensively reviewed Chapter 94 of the City Code regarding the permitting and regulation of signs; and WHEREAS, during a sign workshop meeting held on January 31, 2008, the City Council and Planning & Zoning Board reviewed the Chapter 94 regulations applicable to on -premises temporary signs; and WHEREAS, given the recent downturn in the nation's economy, the City Council desires to temporarily suspend the 30 -day display time periods and any permitting fees applicable to temporary on -premises signs as set forth in Chapter 94; and WHEREAS, the City Council believes that relaxing these provisions of the City Code regarding temporary on -premises signs is in the best interest of the citizens and business owners of Cape Canaveral while the City continues to review and update its sign regulations; and WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Resolution No. 2008-04 Page 1 of 3 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. Section 2. Temporary Suspension of Certain Sign Regulations. The Cape Canaveral City Council hereby approves temporarily suspending enforcement of the following City Code provisions as follows: A. Section 94-76. Temporary on premises signs. The 30 -day time periods imposed by section 94-76 with regard to how many days prior to and following the opening of a new business temporary signs and banners may be erected are hereby suspended for a period of six (6) months from the effective date of this Resolution. Al I other provisions of section 94- 76 shall remain in full force and effect. B. Section 94-35. Fees. Any permit fees set forth in section 94-35 applicable to on - premises temporary signs shall be suspended for a period of six (6) months from the effective date of this Resolution. Any other fee imposed by section 94-35 shall remain in frill force and effect. Section 3. Extension of Suspension Period. The six (6) month suspension period set forth in Section 2 of this Resolution may be extended for one (1) additional six (6) month period by a majority vote of the City Council at a duly held City Council meeting. Section 4. Termination of Suspension Period. Notwithstanding any other provision of this Resolution, the City Council reserves the right to terminate, at anytime, the six (6) month suspension period set forth in Section 2 herein. Any such termination shall by majority vote of the City Council at a duly held City Council meeting. Section 5. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [EXECUTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2008-04 Page 2 of 3 RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of 2008. ATTEST: SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob I loog Leo Nicholas Rocky Randels Shannon Roberts Buzz Petsos City of Cape Canaveral Resolution No. 2008-04 Page 3 of 3 Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consideration Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT FOR BEACH CLEANING EQUIPMENT DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council review and consider the approval of an interlocal agreement for beach cleaning equipment with the City of Cocoa Beach with an appropriation of $27,227.20 from General Fund Reserves. Summary Explanation & Background: See attached agreement outlining the terms and conditions. I recommend approval. Exhibits Attached: Interlocal Agreement; Information Documents on Beach Rake City Manager's Office J Department PUBLIC WORK/STREETS 1 /11 c t\kim\ms\admin\council\meeting\2008\02-05-08\beachrake.doc INTERLOCAL AGREEMENT FOR BEACH CLEANING EQUIPMENT THIS INTERLOCAL AGREEMENT FOR BEACH CLEANING EQUIPMENT ("Agreement") is entered into this day of . 2008 by and between the CITY OF COCOA BEACH, FLORIDA, a Florida Municipal Corporation, and the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation. WITNESSETH: WHEREAS, the City of Cocoa Beach ("Cocoa Beach") and the City of Cape Canaveral ("Cape Canaveral") are governmental entities organized and operating under the laws of Florida: and WHEREAS. Cocoa Beach and Cape Canaveral desire to participate in and share the responsibilities associated with the purchase. use and maintenance of certain beach cleaning equipment ("Equipment') for the benefit of the beaches located within the municipal boundaries of each city, and WHEREAS, the cities desire to set forth their mutual agreement to jointly purchase, use and maintain the Equipment under the terms and conditions stated herein: and WHEREAS, it is the intent and purpose of this Agreement to encourage a spirit of cooperation between the cities for purposes of improving the quality of the beaches for the benefit of the citizens of Cocoa Beach and Cape Canaveral, and WHEREAS, the parties believe that this Agreement is in the best interests of the public health. safety. and welfare of the citizens of the City of Cocoa Beach and the citizens of the City of Cape Canaveral. NOW THEREFORE. for good and valuable consideration in which the parties agree has been exchanged. and for the mutual promises contained herein, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2.0 Statutory Authority. This Agreement shall be considered an Interlocal Agreement pursuant to Section 163.01. Florida Statutes. 3.0 Equipment. The Equipment subject to the terms of this Agreement consists of a tractor and Barber beach rake. The purchase price for the Equipment is Eighty -One Thousand Six Hundred Eighty -One and 60/100 Dollars ($81,681.60). 4.0 Purchase of Equipment. Cocoa Beach and Cape Canaveral hereby acknowledge that a third party has offered to grant money toward the purchase of the Equipment in an amount equal to approximately one-third (I/3) of the cost of the Equipment. Cocoa Beach and Cape Canaveral shall be equally responsible for the remaining purchase price of the Equipment after applying the grant. In the event the third party does not grant any money toward the purchase of the Equipment. or should the third party grant less than one-third (1/3) of the purchase price of the Equipment, Cocoa Beach and Cape Canaveral shall remain equally responsible for the purchase price of the Equipment. or may unilaterally elect to terminate this Agreement. 5.0 Ownership of Equipment. Cocoa Beach and Cape Canaveral shall maintain joint title and ownership of the Equipment. Neither party hereto shall sell. mortgage, assign, transfer. lease, loan. part with possession of, or encumber the Equipment, or permit any lien to be tiled thereon. 6.0 Storage of Equipment. Cape Canaveral shall be responsible for storing the Equipment and shall make the Equipment available to Cocoa Beach upon receiving reasonable notice from Cocoa Beach that it desires to use the Equipment. The parties hereto may establish a mutually agreeable schedule for use of the Equipment not inconsistent with the terms of this Agreement. 7.0 Maintenance and Operation of Equipment. Cocoa Beach and Cape Canaveral agree to maintain and operate the Equipment as follows: 7.1 Vainlenance. Cocoa Beach and Cape Canaveral shall be equally responsible for one-half (''/z) ofthe repairand maintenance expense required to keep the Equipment in good operating condition. appearance and protected from deterioration. 7.2 Operation. The Equipment shall only be used in a manner contemplated by the Equipment manufacturer. Operation of the Equipment shall be limited to those Cocoa Beach and Cape Canaveral employees trained specifically in the F,quipment's proper operation. In the event the Equipment is damaged due to any violation of this subsection, the violating party shall be solely responsible for any costs associated with repairing or replacing the Equipment. 7.3 Fuel & Wash Down. Immediately following each use of the Equipment. the party using the Equipment shall be responsible for washing it down and replenishing all fuel and fluid levels. as needed. 8.0 Insurance. Cocoa Beach agrees to obtain and maintain, throughout the term of this Agreement, insurance coverage to cover any risks of loss, theft, or damage from every cause whatsoever to the Equipment. Cape Canaveral shall be included in any such insurance policy as an "additional named insured"' and agrees to reimburse Cocoa Beach for one-half (%) of said insurance coverage. 2 9.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations. or agreements, either oral or written. and all such matters shall be deemed merged into this Agreement. 10.0 Attorneys Fees and Costs. In the event any litigation or controversy arises out of or in connection with the parties hereto, the parties shall bear their own costs and attorneys fees. 11.0 Governing law and venue. This Agreement shall be governed by the laws of the State of Florida. The patties hereto agree that for purposes of state court action, venue shall lie within Brevard County. Florida. and for purposes of federal court action. venue shall lie within Orlando, Florida. 12.0 Notices. All notices, consents, requests, instructions, approvals, deliveries of invoices and receipts and other communications provided for herein shall be validly given in writing, or as otherwise provided: To: City of Cape Canaveral Attention: Public Works Director And to: 601 Thurm Boulevard Cape Canaveral, FL. 32920 City of Cocoa Beach Attention: Public Works Director 1600 Minutemen Causeway Cocoa Beach, Florida 32931 13.0 Term. The parties agree that the term of this Agreement shall be for the useful life of the Equipment. 14.0 Modification. Any modification to this Agreement shall be in writing and approved by both parties with the same formalities as this Agreement. 15.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such. the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment. or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200.000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and vear written above. CITY OF COCOA BEACH: Leon "Skip" Beeler, Mayor ATTEST: Loredana Kalaghchy, City Clerk 4 CITY OF CAPE CANAVERAL: Rocky Randels, Mayor ATTEST: Susan Stills, City Clerk City of Cape Canaveral Brevard County Tourism Development Beach Improvement Committee 430 Brevard Avenue Cocoa, FL 32922 RE: PARTIAL FUNDING REQUEST FOR A BARBER BEACH RAKE AND TRACTOR The Cities of Cape Canaveral and Cocoa Beach are respectfully requesting that the Beach Improvement Committee consider the partial funding, 1/3) the capital cost, of purchasing a Barber Beach Rake and a John Deere Tractor. Following is a summary of capital equipment costs: • Barber Beach Rake $ 44,780.00 • John Deere 5525 Tractor $ 36,901.60 TOTAL CAPITAL COST S81,681.60 1/3 Cost = $27,22720 Your consideration of this funding request is greatly appreciated. Sincerely, nnett City Manager BB:kmm Cc: Chuck Billias, Cocoa Beach City Manager 105 folk Avenue • Post Office Box 326 . Cape Canaveral, FL 32920-0326 Iclephone: {3_' i j 81;8-1 12(; ' �'NCOIM: t}82-1220 • FAX: (321) 868-1248 v.-vn,v.rnvtl«ri�la.cem/cape • e-mail: ccapec3naveralCctl.rr.com MODELS HYDRAULIC DRIVE HYDRAULIC FLOW HYDRAULIC CAPACITY CYLINDERS CONVEYOR HOPPER DUMP HEIGHT TIRES OPERATING SPEEDS CLEANING WIDTH CLEANING DEPTH DIMENSIONS WEIGHT PAINT FINISHING ATTACHMENT GALVANIZATION PERFORMANCE TRACTOR REQUIREMENTS DEBRIS REMOVED SPECIFICATIONS 600ND Complete y ed and protected by full flow filter. Large capacity spline mounted cast iron pump, hydraulic motor, flow control, and built-in overflow protection. 12 gallons per minute 13 gallons Lift 3 1/2 " 18 " single acting Trip 2 ' x 5 ' single acting Of bar Night type with chain and sprocket drive, covered with continuous 6' wade belt, and mounted thereon stainless steel spring tines. 2 cubic yard (37004cap.) Hot dip galvanized 9 feet 36 x 13.5 x 15 high flotatation design 1.0 to 15.0 miles per hour 7 feet (6 feet of deep cleaning) Adjustable to 6 " Height: 7'6 " Len the 13' 1 Width: 76 " Approximately 3800# Dupont IMRON0 Polyurethane enamel To smooth the sand and elimi- nate fire marks for a minimum 9 foot wide path- optional. All frame and body parts Hot Dip Galvanized optional. Cleans 2 to 8 acres per hour 60 PTO horsepower 4 -wheel drive aggricultural ty e tractor with 3C3' rear wheels. 40OND Completely sealed and protected by full flaw filter. Large capacity spline mounted cast iron pump, hydraulic motor, flow control, and built-in overflow protection. 12 gallons per minute 10 gallons Lift 3 1/2 " x 18 ' single acting Trip 2 " x 5 ' single acing Of bar Hight type with chain and sprocket drive covered with con- hnuous 4' wide belt, and mount- ed thereon stainless steel spring tines. 1 cubic yard (2400#cap.) Hot dip galvanized 8 1/2 feet 31 x 13.5 x 15 high Rotation design 1.0 to 15.0 miles per hour 6 feet (4 feet of deep cleaning) Adjustable to 6 " Height: 76 " Length: 11'9 " Width: 7'6 " Approximately 2700# Dupont IMRONgo Polyurethane enamel To smooth the sand and eliminate fire marks for a minimum 9 foot wide path- optional. All frame and body parts Hot Dip Galvanized - optional. Cleans 1 to 5 acres per hour 35 PTO horsepower 4 -wheel drive agricultural type tractor with 28 rear wheels 400 Cam . letely sealed and protected by full How filter. Large capacity spline mounted cost iron pump, hydraulic motor, How control, and built-in overflow protection. 12 gallons per minute 10 gallons Trip 1 1/2 ' x 10 " single acting Of bar flight type with chain and sprocket drive covered with con- tinuous 4 wide belt, and mount- ed thereon stainless steel spring tines 3/4 cubic yard (2000#cap.) Ground I X 13.5 x 15 high Rotation design 1.0 to 15.0 miles per hour 6 feet (4 feet of deep cleaning) Adjustable to 6 " Heigt: 4'5 " Leng : 9'10 " Width: 76 " Approximately 1900# Duppont MRON0 Polyurethane enamel To smooth the sand and eliminate tire marks for a minimum 9 foot wide path- optional. All frat�7e and body parts Hot Dip Galvanized - optional. Cleans 1 to 4 acres per hour 30 PTO hor epower 4 -wheel drive aggricu�tura) type tractor with 28 rear wheels 540 RPM rear PTO, 3 point hitch, and 1 remote hydraulic valve (minimum) with raise, hold, and float positions. This is a general guideline. Larger or smaller troctors may be used depending on beach conditions. Broken glass, plastic, syringes, cigarette butts, pop -tops, straws, cons, tar balls, stones 1/2" to 4' in diameter, sea grass, sea weed, fish, small pieces of wood. The manufacturer reserves the right to change the specifications without notice and without incurring obligation. The information contained herein is from data available of the time of printing. THE COMPLETE LINE OF BARBER SURF RAKES" Model 60OHD \ .. At 3,800 pounds, the 600HD is H. Barber & Sons' largest Surf Rake''. It has ~ been successfully used in a variety of municipal applications. Cleaning up to eight acres an hour with its seven foot wide cleaning width, Irv. the 600HD has the greatest cleaning capacity of any ✓\beachcleaner. The 2 cubic yard hopper can lift up to 3,700 pounds of material and dump its contents hydraulically from a clearance height of nine feet. Model 40OHD The model 400HD is an excellent choice for resorts, hotel: communities. At 2,700 pounds, it is H. Barber & Sons' me Surf Rake. The 400HD is equipped with a one cubic yarc hopper which will lift 2,400 pounds of debris to a dumping height of eight and a half feet. This mid-sized model uses the same heavy-duty conveyor and dump components as the 600HD. The 400HD can clean up to five acres per hour. Model 400 Similar to the model 400HD, the model 400 is the smallest Surf Rake'. It weighs 1.900 pounds and can lift up to 2,000 pounds in Its 3/4 cubic yard hopper. Its hydraulic dump discards material neatly on the ground. Within one hour, the model 400 can effectively clean up _� ��� to four aures. HOW IT WORKS 4 : Conveyor r�> f 1 & 3: Moldboard & Deflector 40 4 4P To Tractor' / A" A 2: Spring Tines 5 : Hopper \` The Barber Surf Rakee is a unique mechanical rake operated by one person from the seat of a towing tractor. It provides scfe, fast and efficient beach cleaning. Here is how it works: 1. Tice moldboa levels uneven areas in the sand. 2. Stainless steel "g gags mounted on a belt -covered bar flight conveyor, rake debris from the sand toward 3. an adjustable deflecto plate. As a result, refuse is deposited on 4. the elevating portion of the conveyor to S. the hydraulically raised and tripped ho�oer. The result: a clean, safe and well -manicured beach. 1 1 A HYDRAULIC DRIVE The Barber Surf Ruke" features a new hydraulic drive for smooth operation, with major advantages. First, it provides excellent maneuverability. Power is transferred through a Rexible hose, allowing the Surf Rakee' to clean while turning in the tightest of areas. Second, the Surf Roke S' Row control permits fine adjustments of the conveyor belt speed, independent of the tractor. Third, the hydraulic drive promotes operator safety by eliminat- ing exposed turning.shafts. Fourth, the adjustable overRow engages and resets outomati- colly to protect the Surf Rakes from oversized objects. EXTRA STRENGTH STAIN- LESS STEEL TIME 0- A A new, double torsion, three coil stainless steel tine offers long life, great durability and resistance to corrosion. -4 THOROUGH CLEANING Hundreds of stainless steel tines, mounted in offset rows, rake through the sand every second, removing the unwanted debris. Even the smallest objects such as glass, cigarette butts and pop -tops are captured by the Surf Raker and deposited in the hopper. Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consideration Item ) 1 No. KBB's letter of request AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: DONATION TO KEEP BREVARD BEAUTIFUL DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: Mayor Randels is requesting that City Council consider a $2,000 donation to Keep Brevard Beautiful. Summary Explanation & Background: See the attached letter of request from Keep Brevard Beautiful, Inc. This is not a budgeted item. Exhibits Attached: KBB's letter of request City Mana e ' ffice Department PUBLIC WORKS/BEAUTIFICATION e-nt\kim\m cs\aamin\council\meering\2lJu8\u2-05-08\knn.aoc Board olDirector's Ofella Bowles Patti Buchanan Jo Compton Ronald Cook Dave Copp Torn Daley Duane DeF•eesc Bill Ellis Stephen Ellis Bill Frederick Virginia Gavlor George Geletko Judge Jack Griesbaum Ming Hatirra Michael Ha_lett Ton Hernande= III Pat Hogan Debra Jenkins Ede Luedkc Jack Marson Joe hlathemp Lillie McGhee Sherr -McMaster Bill Nichols Lee Palmer John Porter Rod e• Randels Loren Rapport Tom7177p Redmond Arleen Rice Leonard Sanderson, Jr: Jai, Schenck Sanah, Sharpe Laurie Smirl Robert Springer Roger Travis Tom Wasdin Executive Director Larri' S. Meber Depury Executive Director Pat Brown 1620 .Adamson Road Cocoa, FL 32926 321-631-001 Fax 321-631-28,40 ii tii,in'. keepbrel 'ar•dbeauti fill. con November 15, 2007 Mr. Bennett Boucher City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Bennett: We've come a long way since our inception in 1981. Our work is not yet done. We need your support to continue our mission and goals. KBB is a non-profit organization that relies heavily on community support to implement our programs. The following is a summary of KBB program activity January thru September 2007 within the City of Cape Canaveral and the level at which KBB has benefited your community. Adopt -A -Shore: 262 Volunteer hours removed 2,430 pounds of trash: Value = $ 2,428.74 Adopt -A -Road: 80 Volunteer hours removed 1,380 pounds of trash: Value = $741.60 Trash Bash 13 Volunteers removed 440 pounds of trash: Value = $120.51 Total Measurable value to City of Cape Canaveral: = $3,290.85 KBB also participated in the following projects in your fine community: 1. Community sponsored events/projects such as litter removal, pepper tree busting, mangrove planting and landscaping. a. KBB coordinated a cleanup of Cherie Down Park on July 5, 2006 after the Fireworks of July 4th. b. Cape Canaveral volunteers participated in Coastal Cleanup in September 2007 with 148 volunteers that collected 1,440 pounds of debris.. 2. School of the Month Environmental Award — Cape View Elementary won it in January and March. 3. A recycling education program is presented to all 4t" and 5`h grade classes. 4. Anti Litter Programs that assist teachers in educating students about litter are in place for kindergarten through third grade. is KEEP AMERICA BEAUTIFUL 5. Contestants for the Building A More Beautiful Brevard Contest: Ron Jon Cape Caribe Resort won for Landscape Maintenance. 6. As of April 15, 2000, the Litter Hotline is available for motorists who witness littering can report them. The result will be a letter from the sheriff s office to the offender. This is your community! With your support you can help us make Brevard County a cleaner and more beautiful place to live. This year we are again making a funding request of $2,000. On behalf of our Board of Directors, I thank you for your continued support of Keep Brevard Beautiful. Sincerely, Larry S. Weber Executive Director cc: The Honorable Rocky Randels Board ofDircctors osella Bowles Patti Biwhanan Jo Compton Ronald Cook Awc Copp Tom Dalry Duane' Dc l-rc csc Bill Ellis StcPhen Ellis Bill Frederick I ir,>inia Guvlor Geor— Geletko Jrrelge Jack Griesbaum 11(in, Hanna .Michael Haf ICU Tom' lICrnandc-- Ill Pat Holatm Debra Jenkins Ede Luedkc Jack 91asson Joc° 1athen1, Lillie ,McGhee Shern� Mcilla.cter Bill Nichols Lcc Palmer Joh,? Porter Rockv Randels Loren Rapport Tonnm Redmond -]rlccn Ricc Leonard Sanderson, Jr. Jar Schenck Sandi Sharpe Laurie Smirl Robert Springer Ro,�,>cr Travis Tom 1,htsdin Erccutive Director Lorre S. Weber Dcpim Execntivc Director Pal Bronn 1020 . Wamwn Road Cocoa, 1.1, 12920 -'1-hil-0500 Fcn 3'1 -0)l -_7N40 ivinv.krcpbrevurdbeautilitLrum INVOICE To: City of Cape Canaveral Attn: Mr. Bennett Boucher 105 Polk Avenue Cape Canaveral, FL 32920 From: Keep Brevard Beautiful, Inc. 1620 Adamson Road Cocoa, FL 32926 Date: November 15, 2007 Re: Municipal Funding for 2007-2008 Amount Due: $2,000.00 Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consideration Item 12 No. report). AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL TO RE -ROOF THE LABORATORY DEPT/DIVISION: PUBLIC WORKS/WATER RECLAMATION Requested Action: City Council consider the proposal from R&R Roofing to re -roof the laboratory in the amount of $12,875 and. the proposal from Britt's Air Conditioning, Inc. in the amount of $3,320 to remove and replace the mechanical equipment for a total proposed cost of $16,195 as recommended by the public works director. Summary Explanation & Background: The building official inspected the laboratory roof and recommended replacement (see attached 01-07-08 report). This is not a budgeted item and an appropriation from the Sewer Fund Reserves is requested. I recommend approval. Exhibits Attached: Building official's memo dated 01-07-08; public works director's memo dated 01-29-08; proposals City Manager's Office Department PUBLIC WORKS/WATER RELAMATION ca im m uments\admin \meeting\2008\02-05-08\labroof.doc Memo Date: January 7, 2008 To: Bennett Boucher, City Manager Walter Bandish, Public Works Director Jeff Ratliff, Assistant Public Works Di for From. FroTodd Morley, Building Official - RE: Public Works re -roof proposals 1 have reviewed the three proposals provided and inspected the existing roof Please see the attached sketch which includes the problems with the existing condition, the appropriate Florida Building Code references which will apply to the re-roofuig project and correct the leak problem, and a building code reference that requires the roof -mounted mechanical equipment to be removed and re -installed on raised curbs. It is my opinion that the roof is in need of replacement. All three bids offer appropriate and similar products (torchdown) and will meet the Florida Building Code requirements as rooting products. However, it is my opinion that the three bids provided do not sufficiently detail the scope of work regarding the mechanical units and curbs. Roofing contractors are not qualified by FS489 to perform mechanical work. It is my suggestion that all three bids be revised to include the following language: "Owner shall contract separately with a mechanical contractor to remove the two mechanical units and related ductwork Roofing contractor will provide curbs raised a minimum of 8" above the finished roof surface. Mechanical contractor shall re -install mechanical units and retrofit the related ductwork" The City should then solicit bids from Pviechanical contractors to remove and re -install the units and the ductwork 0 r a� ce U o � w CIJ o � CO` U O � O � U � F o~ c .E E cn °3 V ern C O � U Lo cd Occ �. O +N, o ccXy d � -21 cd Q, a O rr] O �J E U CO c� -a Cc U a cr CU 7�5 cd Cd U N C/1 � O OWN O U N y .E MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Walter Bandish Public Works Director DATE: January 29, 2008 SUBJECT: City Council Agenda Item for ReRoofing Lab Area The roof above the Laboratory at Wastewater Facility continues to leak during and after storm events. The City manintenance staff have attempted to repair four known areas which have continued to leak for the past 2-3 years, but with no success. Bidswere solicited to install a new roof over the Laboratory. Copies of the bids and other information are attached. The low bidder was R&R Roofing of Brevard Inc., in the amount of $ 12,875 .00. This price includes a increase of 15% for materials Recommend the approval of $ 12,875.00 to R&R Roofing to reroof the facility. Attachment CC: File QUOTE FORM DATE: ITEM: 1- %i� �2 �O R b���� L + a_Y1+ DEPARTMENT: �• COMPANY NAME FINAL DECISION ON QUOTE: L NAILING ADDRESS: 1 FAX NO. IM ej bdtA-rne 1- 1, 32935 3Z�-asq-373( COMMENTS C AMOUNT J'2-� " cis o 12,3912,0 1 /-4 � o wwA ST. CERTIFIED BONDED - INSURED LICENSE # CC -0058147 R & R Roofing of Brevard, Inc. RUSSELL. REESE, Owner 996 Creel St. • Melbourne, FL 32935 (321) 259-3731 Pq. DATE 07 PHONE # € r Z JOB DESCRIPTION OF WORK TO BE DONE: F wnwe and haul away � p 0 O s4. ftof to W decking, Dry in roof wNh felt Flee– l �� Install year Reroof 1,( sq. ft flat roof wfth white granular, single ply memilm e. Sin le ply h t tarp! to fiberglas:r base sheet. --rte 1 pfZ[5rt twees Rotten or damaged wood not to exceed $30 per hour labor + materials VAll Galvanized vents 10' Gooseneck V/All lead plumbing boots 4" , ]3" r-jilocolor and manufacturer sAC 26 Gauge dri - white black beige dk. brown grey Workmanship guarantee on work to be done Manufacturers guarantee on material 2— t) Y,ea5 4'Gooseneck 10" Hooded vent 1 1/2" _.•. - oter_ .0 Q :� Cry -S, x y�cr �s 411111111111111110 �(Ost -fir r ,- ON cfp SUB D TOTAL AMOUNT OF JOB HOMEOWNER'S SIGNATURE CONTRACTOR ANY ATTORNEY FEES TO BE RECOUPABLE ON LAW SUITS. MEDIATION TO TAKE PLACE BEFORE ANY AND ALL LAW SUITS. VQ- QV O1 L ©'Zg'm� Td WdLT:TO L09E FE 'e' -ON TELE ESE TEL: 'ON XdJ DNI CRdV13dcl JOONId006 WO':�d MEMORANDUM TO: Walter Bandish Public Works Director FROM: Jeff Ratliff Assistant Public Works Director City of Cape Canaveral 868-1240 DATE: 01/28/08 RE: Laboratory Roof — Mechanical Contractor The following quotes were received from mechanical contractors to remove/replace equipment on the roof of the Public Works laboratory during the roofing activities: 1). Britt's Air Conditioning & Fire Sprinkler, Inc. - $3,320.00; 2). Merritt Island Air & Heat, Inc. - $6,740.00; 3). Kabran Air Conditioning & Heating, Inc. — No bid; 4). Able Air, Inc. — No bid; and 5). Clark Air Conditioning & Heating, Inc. — No bid. Based upon the bids supplied, Public Works staff recommends that Britt's Air Conditioning & Fire Sprinkler, Inc., be awarded the project in the amount of $3,320.00. 01/16/08 WED 10:32 FAX 321 383 3146 Britts IM 002 PROPOSAL BRITT'S Air Conditioning & Fire Sprinkler 655 CHILDRE AVENUE TITUSVILLE FL. 32796-5119 PHONE 321-267-6381 FAX: 321-383-3146 Email: contracts@brittsac.com ATTN: Jeff Ratliff Date: 1/15/2008 COMPANY City of Cape Canaveral ADDRESS PHONE: (321)868-1240 FAX: (321)868-1233 JOB NAME: Roof Replacement JOB LOCAT: Water Treatment Facility We are pleased to submit the fo#owing bid. Job Description: Coordinate closely with roofing contractor to remove EXCLUSIONS: PRICE: associated duct work to allow replacement. Re -install fans and duct with required clearance to new roof. All labor and materials to include new duct supports required to raise duct, new fan support required to raise fans, all duct fitting to re -install duct. Roofing Contractor will be required to weather proof new fan and duct supports to new roof material. TOTAL $ 3,320 Any weather proofing to new roof material, performance bonds, permits. Cost of permitting was not included in this bid, if required will be the responsibility of the owner. Price valid tmN. 90 days AUTHORIZED SIGNATURE: If signature does not match the printed name or is not present, Steve Mullady this proposal is invalid and void. Property owners signature: Date: Owner's Name (please print) Owners Address: Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Consideration Item 13 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FOR THE EVALUATION OF ROAD RESURFACING DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal from Ardaman & Associates, Inc. to conduct an evaluation of the recent road resurfacing project in the amount of $5,055 as recommended by the public works director. Summary Explanation & Background: See attached proposal and prior limited evaluation by Universal Engineering dated 08-30-07. Please advise. Exhibits Attached: Public works director's memo dated 01-30-08 City Mana e ' Mice Department PUBLIC WORKS/STREETS e-nt\kim\ uments\admin\council\meeting\2008\02-05-08\ardaman.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Walter Bandish Public Works Director DATE: JANUARY 30, 2008 SUBJECT: City Council Agenda Item for Evaluation of Road Resurfacing Attached is (3) three Proposals for evaluation the City's Streets Surface and Base. 1. Brown and Caldwell Proposal is only for Engineering services. This cost is $ 6740 plus Testing. The Testing is not included in the price. 2. Allen Engineering Proposal is for Testing (3) Streets around the City. This cost is $ 6,100 with a final Report. 3. Ardaman & Associates, Inc Geotechnical Services is the Testing Company. Proposal is for boring 81 Bores throughout the City Streets That I recommended to do To get a full Evaluation of the City Streets Per Attachment. This cost is $5,055 Recommend the approval of Ardaman & Associates Inc. in the amount of $5,055 Attachment CC: File fti0'Iiat.1 It ( :or1r[ Suite 30 Maid:and, 1=1. 32—� i ll: �%r07 661-9>O(i Fax: (40—) 661-9i')`) January 15, 2008 Mr. Walter Bandish Public Works Director 601 Thurm Boulevard Cape Canaveral, Florida 32920 22 Subject: Cape Canaveral Public Works Proposal for Engineering Services for the Assessment of Road Resurfacing Dear Mr. Bandish: As requested, attached please find the proposal for providing engineering services associated with the assessment of roadway resurfacing within the City limits. Exhibit A presents the Scope of Work for this assessment and Exhibit B presents the cost for these services. The majority of the technical work will be done by Jack Hickman in our Tampa office. Mr. Hickman has extensive experience in roadway construction on a local, State and Federal level. Thank you for the opportunity to help you and the City of Cape Canaveral. If you have any questions, please do not hesitate to call me at 1 (407) 661-9519. Sincerely, BROWN AND CALDWELL t Stekien J. Davies, CGC Project Manager cc: Blake C. Guillory, P.E., Brown and Caldwell June Smith, P.E., Brown and Caldwell Deborah Cole, P.E., Brown and Caldwell Ocr'.CaPc C'20OR P-opos,Xs K,,—,dA—c, proposal iec ;fi)C n t.t r o n n e rt t a I E n o i n e e r s t? C 0 n, u! t a n t_ CITY OF CAPE CANAVERAL EXHIBIT A PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR THE ASSESSMENT OF ROADWAY RESURFACING The following sections describe the background, approach, scope of services, schedule and fee to be provided by Brown and Caldwell (BC). BC will provide engineering services related to assessment of specific portions of the resurfaced roadways within the City of Cape Canaveral (City). BACKGROUND The City has an ongoing program to resurface the roads within the City limits. in recent resurfacing projects there has been cracking of the newly resurfaced roadways. The City has requested that BC review documents relating to this resurfacing and visually inspect approximately 10 miles of roadway. PROJECT APPROACH BC will perform the following five Tasks to assist the City in determining the possible reasons for the surface cracking on resurfaced roadways: I . Project Management, 2. Reviewing Background Information, 3. Field Visit and Pavement Evaluation, 4. Project Meeting, and 5. Report and Recommendations. SCOPE OF SERVICES The following work activities will be performed for this project: Task 1 — Project Management The Project Manager (PM) will monitor the schedule, budget and personnel performing the Work under this proposal. Administrative support for filing, copying and billing is included under this task. There is a total of 6 hours included to perform Task 1. A-1 CITY OF CAPE CANAVERAL. Task 2 — Reviewing Background Information BC will review the following data provided by others: 1. Previous core samples; 2. Asphaltic mix design; 3. Resurfacing contract scope and technical provisions; 4. In-situ base composition and thickness; 5. Subgrade composition; and 6. Map of resurfaced City roads. Based on this data review BC will prepare a plan for the field visit to inspect specific portions of the resurfaced roads within the City. There is a total of 6 hours included to complete Task 2. Task 3 — Field Visit and Pavement Evaluation During a field visit, BC will perform the following: I. Review examples of cracked pavements; 2. Determine widths and lengths of cracks; 3. Observe pavement condition, (i.e. unraveling or segregation of aggregate); 4. Observe pavements under traffic loading, yielding or heaving; 5. Observe traffic patterns; 6. Determine drainage pattern and points of discharge; and 7. Coordinate observations and evaluation on a road map. There is a total of 16 hours included to complete Task 3. Task 4 — Project Meeting (Teleconference) BC will have 2 people attend a teleconference review to discuss what was learned in Tasks 1, 2 and 3. There is a total of 4 hours included to complete Task 4. Task 5 — Report and Recommendations BC will prepare a letter report including field findings and recommendations including: 1. Summary of our review and understanding of the Contractors work, 2. Summary of our field observations, 3. Summary of specific geotechnical work done during the resurfacing project, 4. Recommendations for possible additional geotechnical testing, 5. Recommendations for possible repair of road surfaces, and 6. Recommendations for possible warranty recovery of costs for repair. There is a total of 16 hours included to complete Task 5. A-2 CITY OF CAPE CANAVERAL PROJECT SCHEDULE AND FEES BC's will complete the Work within 3 weeks of receiving the data listed in Task 2. The total lump sum fee for these five tasks is $6,740 as detailed in Exhibit B. A-3 Y t7 00 c0 00 'l' CO LO O 1-- N U) O N N O tM U f4:� 649, tol, _ N oO to CO ,t co M F-- O U') ti O N 0 EH di Ef3 Ef? Ea9 W I c o � o F- w Ea a < C'7 N N v O 6ek LL 2 ❑ c o W U V Q Uv i ❑ N CO)o *- t z LL' Z .� cam) L U CO CN co N m W W Q F - ora to Z I- D U °' XZOO •- W W Lt. ro v N of N N co O a D 6,9- OZ 0W � a 2 O w m W J V) N > c o F - N Q o ° a o = O o GL O w> IL 'V a c a� o C E U m (D N >F— E ❑ M =3 MO CL cr o C F- m ❑ .N Q) •? > N O O > O CL fY Li CL. �- N Ch Lo Y N Y to Y to Y U) Y Cfi F- F- I F- I F- I F LELEN (321) 783-7443 FAX (321) 783-59025902 AngineeringlIne. 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321 January 21, 2008 Mr. Walt Bandish, Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Allen Engineering, Inc. proposal New Pavement Crack Testing Dear Mr. Bandish: Allen Engineering, Inc. appreciates this opportunity to submit our fee proposal to supervise testing on three (3) newly paved streets in Cape Canaveral, Florida to determine the cause of asphalt cracking. Our fee for testing, periodic inspection, test review and final report is $6,100.00. Additional Services Any additional work will be charged at the following hourly rates: Principal $ 125.00 per hour Engineer 105.00 per hour Project Manager 110.00 per hour Registered Surveyor 115.00 per hour Survey Crew 125.00 per hour Survey Field Supervisor 105.00 per hour CAD Specialist 70.00 per hour Clerical 55.00 per hour Prints (24" x 36") 2.00 per sheet Express Mail Charges At Cost If the terms of this proposal meet with your approval, sign & date a copy and return to this office. Sincerely, ALLEN ENGINEERING, INC. , 4IL- George H. Siebern OFFER ACCEPTED: DATE: Page 1 of 1 Walter Bandish From: Manning, Jason Umanning@ardaman.com] Sent: Wednesday, January 30, 2008 10:34 AM To: wbandish-cape@cfl.rr.com Subject: Pavement Cores in Cape Canaveral Walter, Here are our costs for performing some pavement cores within the residential streets within the City. We have assumed no Maintenance of Traffic (MOT) will not be necessary since they are residential streets. We will do the cores to 2 feet below the top of pavement and record asphalt, base and subbase thickness. $55.00 per core (minimum of 3 cores per trip) $350 lump sum cost for report and project management (for 0 to 5 cores) $600 lump sum cost for report and project management (for 5 or more cores) The purpose of the cores will be to gather data on the existing pavement section profile. Until we gather data on the existing profile, it is difficult to know what it will take to explore why pavement distress is occurring. Jason P. Manning, P.E. Branch Manager Ai-daman & Associates, Inc 1300 N. Cocoa Boulevard Cocoa, F132922 ph 321-632-2503 fax 321-636-4657 jmanning@ardaman. corn 1/30/2008 City of Cape Canaveral - _R._____________J_-5- ____-___ . ------------------------ V , �t lIB2 � SAY 2 ' MY / Oe� �0 -o 4 LSA LS o 5 LSA R VRSDE • 8/ LDwe s -- UNIVERSAL ENGINEERING SCIENCES Consultants In: Geotechnical Engineering • Environmental Sciences Construction Material Testing • Threshold Inspection 820 Brevard Avenue • Rockledge, Florida 32955 (321) 638-0808 Fax (321) 638-0978 City of Cape Canaveral 601 Thurm Boulevard Cape Canaveral, Florida 32920 Attention: Mr. Walter Bandish Reference: Limited Sampling and Testing Program Poinsetta Avenue Improvements Cape Canaveral, Florida UES Project No. 31196-003-01G Dear Mr. Bandish: August 30, 2007 As requested, Universal has preformed a limited sampling and testing program at the above referenced project. We understand that these improvements have included a recent overlay of the asphaltic pavements of the subject roadway in Cape Canaveral, Florida. The purpose of this limited exploration & testing program was to ascertain the approximate composition/thicknesses of the various components of the pavement section at five (5) "spot" locations within the overlay area. FIELD METHODOLOGIES Five (5) samples of the existing asphaltic pavement section were obtained at the core locations, designated C1 through C5 on the attached Figure, with a 6 inch nominal diameter diamond bit core drill, advancing through the asphaltic pavement into the underlying base course and subgrade materials. Afterwards the core holes were backfilled and the surfacing patched with an asphaltic "cold patch" mixture and the core samples returned to our laboratory for subsequent examination & testing. LABORATORY METHODOLOGIES Extraction/gradation tests were performed on two (2) of the asphaltic core samples obtained at core -locations C2 and C5 according to the procedures of ASTM D 2172 (Quantitative Extraction of Bitumen from Bituminous Paving Mixtures) and ASTM C 136 (Sieve Analysis of Fine and Coarse Aggregates). For the results of these tests, please refer to the asphaltic extraction/gradation sheets attached with this report. Poinsetta Avenue Improvements UES Project No. 31196 -003 -OIG Cape Canaveral, Florida Limited Sampling & Testing Program PAVEMENT CORE RESULTS The results of our examination and measurement of the core samples taken in the field from the existing pavement section are as follows: TABLE 11 PAVEMENT CORE RESULTS 1. See attached Figure for approximate core locations. 2. Subgrade soils consist of mostly fine sands [SP] with occasional traces of broken shell (non- stabilized) to a depth of approximately 1 foot below bottom of base course levels, the maximum depth of sampling. LIMITATIONS Please note that this report is based on a limited sampling and testing program. The information submitted in this report is based on data obtained from "spot" core samples obtained at the approximate locations shown on the attached Figure and from other information as referenced. In addition, this report does not reflect the pavement/subgrade conditions below the tested depth, between core locations, or within other areas of the project This report has not been prepared to meet the full needs of design professionals, contractors, or any other parties, and any use of this report by them without the guidance of the soil and foundation engineer who prepared it constitutes improper usage which could lead to erroneous assumptions, faulty conclusions, and other problems. All users of this report are cautioned that there was no requirement for Universal to attempt to locate any man-made buried objects or identify any other potentially hazardous conditions that may exist at the site during the course of this exploration. Therefore no attempt was made by Universal to locate or identify such concerns. Universal cannot be responsible for any buried man-made objects or environmental hazards which may be subsequently encountered during ur Approximate Thickness and Approximate Type of Base Core Location 1 Type of Asphaltic Surfacing & Thickness of Base Course Binder Course Course C1 1.2" S-3 North Bound 0.6" Type III None --- Lane 4.3" Sand & Shell Mix C2 1.2" S-3 South Bound 0.4" Type III None --- Lane 4.8" Sand & Shell Mix C3 North Bound 1.8" S-3 5'/2 Limerock Lane C4 South Bound 1.3" S-3 9 Limerock 0.7" S-1 Lane C5 North Bound 1.8' S-3 12 Limerock 1.5" S-1 Lane 1. See attached Figure for approximate core locations. 2. Subgrade soils consist of mostly fine sands [SP] with occasional traces of broken shell (non- stabilized) to a depth of approximately 1 foot below bottom of base course levels, the maximum depth of sampling. LIMITATIONS Please note that this report is based on a limited sampling and testing program. The information submitted in this report is based on data obtained from "spot" core samples obtained at the approximate locations shown on the attached Figure and from other information as referenced. In addition, this report does not reflect the pavement/subgrade conditions below the tested depth, between core locations, or within other areas of the project This report has not been prepared to meet the full needs of design professionals, contractors, or any other parties, and any use of this report by them without the guidance of the soil and foundation engineer who prepared it constitutes improper usage which could lead to erroneous assumptions, faulty conclusions, and other problems. All users of this report are cautioned that there was no requirement for Universal to attempt to locate any man-made buried objects or identify any other potentially hazardous conditions that may exist at the site during the course of this exploration. Therefore no attempt was made by Universal to locate or identify such concerns. Universal cannot be responsible for any buried man-made objects or environmental hazards which may be subsequently encountered during ur Poinsetta Avenue Improvements UES Project No. 31196-003-01 G Cape Canaveral, Florida Limited Sampling & Testing Program construction that are not discussed within the text of this report. We can provide this service if requested. For a further description of the scope and limitations of this report please review the document attached within Exhibit 1 "Important Information About Your Geotechnical Engineering Report" prepared by ASFE/Professional Firms Practicing in the Geosciences. GENERAL COMMENTS No obvious defects/deficiencies were visually observed within the core samples taken at the five (5) spot locations or within the gradation/extraction results from the laboratory tests performed. However, this does not necessarily mean that such defects/deficiencies do not exist within other locations at the project. If an overall evaluation of the Poinsetta Avenue pavement sections is desired, then we recommend that the pavement surfacings be visually examined, additional core samples be taken, and additional laboratory testing be performed. In addition, a series of auger borings should be performed at selected locations to help further determine the type/consistency of the pavement subsoils and groundwater levels. CLOSURE We appreciate the opportunity to be working with you on this project and look forward to a continued association. Please do not hesitate to contact us if you should have any questions, or if we may further assist you as your plans proceed. Sincerely yours; UNIVERSAL ENGINEERING SCIENCES, INC. Cerinica,eoffjWhonzation No. 9 Brad Faucett, P.E. Regional Engineer Florida Registration No. 33123 2 — Client Attachments RP REPORT OF ASPHALT EXTRACTION & GRADATION Client: City of Cape Canaveral Project: Poinsetta Avenue Improvements Sampled By: Universal Location: Core C2, Surficial 1.2 inches Date of Test: August 29, 2007 EXTRACTION/GRADATION TEST RESULTS * Based upon mix design supplied by APAC, Inc. for an S-3 recycle mix Sample meets aggregate gradation requirements for FDOT (n=1) Acceptance Range. Extraction Test Mix Design Results Target Sieve Sizes Passing Aggregate Aggregate FDOT ( Percent Design Range Specifications (Percent Passing) Passing)* 3/" 100.0 100 100 '/2" 100.0 100 100 3/8" 99.7 98 88-98 No. 4 89.5 87 60-90 No. 10 51.3 55 40-70 No. 40 36.3 32 20-45 No. 80 17.4 13 10-30 No. 200 5.5 5.8 2-6 Asphalt Content (% Total 5.6 6.3 Mix) * Based upon mix design supplied by APAC, Inc. for an S-3 recycle mix Sample meets aggregate gradation requirements for FDOT (n=1) Acceptance Range. REPORT OF ASPHALT EXTRACTION & GRADATION Client: City of Cape Canaveral Project: Poinsetta Avenue Improvements Sampled By: Universal Location: Core C5, Surficial 1.8 inches Date of Test: August 29, 2007 EXTRACTION/GRADATION TEST RESULTS Based upon mix design supplied by APAC, Inc. for an S-3 recycle mix. Sample meets aggregate gradation requirements for FDOT (n=1) Acceptance Range. RP Extraction Test Mix Design Results Target FDOT Sieve Sizes Passing Aggregate Aggregate Design Range Specifications (Percent (Percent Passing) Passing)* 3/4" 100.0 100 100 '/2" 99.7 100 100 3/8" 99.5 98 88-98 No. 4 90.2 87 60-90 No. 10 53.2 55 40-70 No. 40 36.7 32 20-45 No. 80 17.1 13 10-30 No. 200 5.2 5.8 2-6 Asphalt Content (% Total 6.2 6.3 Mix) Based upon mix design supplied by APAC, Inc. for an S-3 recycle mix. Sample meets aggregate gradation requirements for FDOT (n=1) Acceptance Range. RP 03 UNIVERSAL ENONEERING SCIENCES POINSETTA AVENUE PAVEMENT IMPROVEMENTS CAPE CANAVERAL, BREVARD COUNTY, FLORIDA CORE LOCATION PLAN TAKEN ON 8/23/07 DRAWN BY: DATE: CHECKED By: DATE: G. W. V. 8/31/07 N. T. S. 8/31/07 SCALE: N.T.S. ORDER NO: 31196-003-01 REPORT NO: 12345 PACE NO: FIGURE 1 - Geotechnical Engineering Report -1. ) Geotechnical Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical engineering study conducted for a civil engi- neer may not fulfill the needs of a construction contractor or even another civil engineer. Because each geotechnical engineering study is unique, each geotechnical engineering report is unique, prepared solely for the client. No one except you should rely on your geotechnical engineering report without first conferring with the geotechnical engineer who prepared it. And no one —not even you —should apply the report for any purpose or project except the one originally contemplated. Read the Full Report Serious problems have occurred because those relying on a geotechnical engineering report did not read it all. Do not rely on an executive summary. Do not read selected elements only. A Geotechnical Engineering Report Is Based on A Unique Set of Project -Specific Factors Geotechnical engineers consider a number of unique, project -specific fac- tors when establishing the scope of a study. Typical factors include: the client's goals, objectives, and risk management preferences: the general nature of the structure involved, its size, and configuration: the location of the structure on the site: and other planned or existing site improvements, such as access roads. parking lots, and underground utilities. Unless the geotechnical engineer who conducted the study specifically indicates oth- erwise. do not rely on a geolechnical engineering report that was: • not prepared for you. • not prepared for your project. • not prepared for the specific site explored. or • completed before important project changes �vere made. Typical changes that can erode the reliability of an existing geolechnical engineering report include those that affect: • the function of the proposed structure. as when it's changed from a parking garage to an office building. or from a light industrial plant to a refrigerated -,arehouse. • elevation, configuration, location, orientation, or weight of the proposed structure, • composition of the design team, or • project ownership. As a general rule, always inform your geotechnical engineer of project changes—even minor ones—and request an assessment of their impact. Geotechnical engineers cannot accept responsibility or liability for problems that occur because their reports do not consider developments of which they were not informed. Subsurface Conditions Can Change A geotechnical engineering report is based on conditions that existed at the time the study was performed. Do not rely on a geotechnical engineer- ing report whose adequacy may have been affected by: the passage of time: by man-made events, such as construction on or adjacent to the site: or by natural events, such as floods, earthquakes. or groundwater fluctua- tions. Always contact the geotechnical engineer before applying the report to determine if it is still reliable. A minor amount of additional testing or analysis could prevent major problems. Most Geotechnical Findings Are Professional Opinions Site exploration identifies subsurface conditions only at those points where subsurface tests are conducted or samples are taken. Geotechnical engi- neers review field and laboratory data and then apply their professional judgment to render an opinion about subsurface conditions throughout the site. Actual subsurface conditions may differ—sometimes significantly— from those indicated in your report. Retaining the geotechnical engineer who developed your report to provide construction observation is the most effective method of managing the risks associated with unanticipated conditions. A Report's Recommendations Are Not Final Do not overrely on the construction recommendations included in your report. Those recommendations are not final, because geotechnical engi- neers develop them principally from judgment and opinion. Geotechnical engineers can finalize their recommendations only by observing actual Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Ordinance -I' Reading item 14 No. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 01-2008, ESTABLISHING A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading Ordinance No. 01-2008, establishing a fund balance/retained earnings reserve policy. Summary Explanation & Background: This was an audit comment from last year. The Government Finance Officers Association recommends a 15% reserve. I am recommending 20% General Fund Reserve of $1,651,833. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance language. The Sewer Fund 20% Reserve would be $807,505 and the Stormwater Fund 20% Reserve would be $162,148. Please advise. Exhibits Attached: Ordinance No. 01-2008; Reserve Breakdown; GFOA Reserve Fund Policy City Manager's Office Department ADMINISTRATION/FINANCE caim ments\admin\council\meeting\2008\02-05-08\01-2008.doc ORDINANCE NO. 01-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 2, ARTICLE V., OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council endorses sound financial policies and practices; and WHEREAS, the City Council has determined that a fund balance/retained earnings reserve policy tailored to the particular needs of the City is the most responsible way to insure against unanticipated events which would adversely affect the financial condition of the City and jeopardize the continuation of necessary public services; and WHEREAS, it is essential that the City Council maintain adequate fund balances/retained earnings and reserves in its various operating funds to provide the capacity to: (1) provide sufficient cash flow for daily financial needs; (2) secure and maintain investment grade bond ratings; (3) offset significant economic downturns or revenue shortfalls, and (4) provide funds for unforeseen expenditures related to emergencies; and WHEREAS, the City Council desires to adopt a fund balance/retained earnings reserve policy as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances. City of Cape Canaveral Ordinance No. _-2008 Page 1 of 4 City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 1. GENERALLY X Sec. 2-208. Creation of Fund Balance/Retained Earnings Reserves. There is hereby created, in each of the various governmental fund type (general fund, special revenue funds, debt service funds, and capital projects funds) and proprietary fund type (enterprise funds) of the City, a reservation of fund balance or retained earnings equal to the following_ (a) General Fund. In the general fund, there shall be created a reservation of fund balance equal to 20% of the current fiscal year budget for the fund. For the purposes of this calculation, the current fiscal year budget shall be the budget as originally adopted by ordinance in September. This reserve shall be in addition to all other reserves or designations of fund balance, includinz but not limited to reservations for uncollected receivables and reservations of funds which have expenditure authority limited to specific purposes. In any fiscal year when the City is unable to create the reservation of fund balance required by this section, the City shall not budget any amount of appropriated fund balance for the purpose of balancing the budget. Special Revenue Funds. By definition, special revenue funds are created to account for the proceeds of specific revenue sources (other than expendable trusts or for major capital projects) that are legally restricted to expenditure for specified purposes. As such, no specific reservation of fund balance is created by virtue of enactment of this ordinance; rather the amount of any reservation of fund balance shall be governed by the legal authority underlying the creation of the individual fund. (c) Debt Service Fund. Debt service funds are typically subjected to the creation of veru specific reserve amounts as a part of the ordinance or resolution which authorizes the issuance of the bonds which are being repaid. Therefore, this policy does not create any specific reservation of fund balance within the debt service fund rather, reserve requirements for any outstanding City bond issues will be as derived from the ordinance or resolution City of Cape Canaveral Ordinance No. _-2008 Page 2 of 4 authorizing the issuance of the bonds. L4 Capital Projects Fund. The capital projects fund was created to account for resources designated to construct or acquire general fixed assets and major improvements. Occasionally, these projects may extend beyond a single fiscal year. Therefore, although no specific reserve requirement is established for the capital projects fund, at a minimum, the fiscal year end unreserved, undesignated fund balance, coupled with estimated revenues for the ensuingfiscal scal year, must be sufficient to fund all outstanding fund obligations. (ee) Enterprise Funds. The City has created a total of two (2) enterprise funds to account for wastewater treatment and stormwater treatment services. In each of the enterprise funds now or hereafter created by the Council, there shall be created a reservation of retained earnings equal to 20% of the current fiscal year budget for that fund. For the purposes of this calculation, the current fiscal year budget shall be the total budget as originally adopted by ordinance in September. This budget shall be prepared on the modified accrual basis of accounting and therefore includes such items as capital outla, a�perating transfers out. This reserve shall be in addition to all other reservations of retained earnings, including but not limited to amounts reserved for debt service and/or amounts reserved for renewal and replacement of long lived assets. Section 2-209. Utilization of Surplus Reserves. In the event that the unreserved undesiPnated fund balance or unreserved retained earnings balance exceeds the amounts set forth above, the excess may be utilized for any lawful purpose. Nevertheless, it is recommended that first priority be given to utilizing the excess within the fund in which it was generated. In order to minimize the long term effect of such use, it is also recommended that any such excess be used to fund one time expenditures or expenses which do not result in recurring operating costs or other one time costs including the establishment of or increase in leOtimate reservations or designations of fund balance or reservations of retained earnings. Section 2-210. Replenishment of Reserve Deficits. If, at the end of any fiscal ,year, the actual amount of unreserved, undesignated fund balance, or unreserved retained earninPs falls below the required levels set forth herein, the City Manager shall prepare and submit a plan for expenditure or expense reductions and/or revenue increases to the City Council. As a part of the annual budget review, the City Council shall review and amend the plan submitted by the City Manager for restoring the amount of unreserved, undesignated fund balance, or unreserved retained earnings to the required levels. Any deficit in the required amount must be restored no later than the end of the second fiscal year following its occurrence. Section 2-211. Annual Review. Compliance with the provisions of this ordinance shall be reviewed as a part of the annual budget adoption process. City of Cape Canaveral Ordinance No. _-2008 Page 3 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 52008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2008 Page 4 of 4 6.E T L O Q� V N co c ° N aN V o m r N E Q m o CC } (0 +�+ U L u () O A) c cu � C cu a) (D C a) i (LO CD X �. 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Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government's budgetary basis.' In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish reserved fund balance from unreserved fund balance. Typically, only the latter is available for spending. Accountants also sometimes report a designated portion of unreserved fund balance to indicate that the governing body or management have tentative plans concerning the use of all or a portion of unreserved fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government's general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unreserved fund balance in the general fund. Credit rating agencies carefully monitor levels of fund balance and unreserved fund balance in a government's general fund to evaluate a government's continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unreserved fund balance for state and local governments. Those interested primarily in a government's creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens' groups, which may view high levels of fund balance as "excessive." Recommendation. GFOA recommends that governments establish a formal policy on the level of unreserved fund balance that should be maintained in the general fund.2 GFOA also encourages the adoption of similar policies for other types of governmental funds. Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and specific plans for increasing or decreasing the level of unreserved fund balance, if it is inconsistent with that policy. 3 The adequacy of unreserved fund balance in the general fund should be assessed based upon a government's own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures.a A government's particular situation may require levels of unreserved fund balance in the general fund significantly in excess of these recommended minimum levels .5 Furthermore, such measures should be applied within the context of 1 For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetaryfund balance to distinguish these two different uses of the same term. Z Sometimes reserved fund balance includes resources available to finance items that typically would require the use of unreserved fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unreserved fund balance for purposes of analysis. 3 See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 4The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government's particular circumstances. In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. Once the decision has been made to compare unreserved fund balance to either revenues or expenditures, that decision should be followed consistently from period to period. 5 In practice, levels of fund balance, (expressed as a percentage of revenues/expenditures or as a multiple of monthly expenditures), typically are less for larger governments than for smaller governments because of the magnitude of the amounts involved and because the diversification of their revenues and expenditures often results in lower degrees of volatility. long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unreserved fund balance in the general fund at any one time. In establishing a policy governing the level of unreserved fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of it revenues and the volatility of its expenditures (i.e., higher levels of unreserved fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). • The availability of resources in other funds as well as the potential drain upon general fund resources from other funds (i.e., the availability of resources in other funds may reduce the amount of unreserved fund balance needed in the general fund, just as deficits in other funds may require that a higher level of unreserved fund balance be maintained in the general fund). • Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained). • Designations (i.e., governments may wish to maintain higher levels of unreserved fund balance to compensate for any portion of unreserved fund balance already designated for a specific purpose). Naturally, any policy addressing desirable levels of unreserved fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the Committee on Accounting, Auditing and Financial Reporting and the Committee on Governmental Budgeting and Management, January 30, 2002 Approved by the Executive Board, February 15, 2002. Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Monday, January 07, 2008 3:11 PM To: 'bowers-cape@cfl.rr.com'; 'Anthony Garganese'; 'Kate Latorre' Cc: 'stills-cape@cfl. rr.com' Subject: Fund balance ordinance Attachments: Fund Balance Cape Canay.doc Hello Everyone, One of our outstanding audit comments was to enact a fund balance ordinance. After extensive research, attached is a draft ordinance for your review. I plan on going to first reading with this on February 2nd. Andrea, I need to know what the dollar amounts come out too as stated in the draft ordinance. Fund Balance Cape Canay.doc (6... Thanks, Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 HYPERLINK www.myflorida.com/cape www.mvflorida.com/cane No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.17.13/1213 - Release Date: 1/7/2008 9:14 AM Meeting Type: Regular Meeting Date: 02-05-08 AGENDA Heading Discussion Item 15 No. B&CDB's memo dated 01-15-08 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RECOMMENDATIONS TO CITY COUNCIL FROM THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on five recommendations from the Business & Cultural Development Board. Summary Explanation & Background: See attached recommendation memo. Exhibits Attached: B&CDB's memo dated 01-15-08 City Tana •' ice Department LEGISLATIVE - im\ ents\admin\conn meeting\2008\02-05-08\b&cdb.doc J To: BENNETT BOUCHER, CITY MANAGER From: BUSINESS & CULTURAL DEVELOPMENT BOARD Date: January 15, 2008 Re. KEY ISSUES The Business & Cultural Development Board at their December 6, 2007 meeting unanimously recommended that the City Council pursue the following issues in 2008: Objective 1.5 Administrative: Establish a Community Redevelopment Agency (CRA) for the city and encompass the maximum amount of property in the city allowable under Florida Statute Objective 2.2 Traffic Circulation: Minimize the impact of increased traffic circulation on residential areas Objective 2.2 Traffic Circulation: Establish safe, appealing and efficient city-wide pedestrian and bike paths linking all major activity centers Objective 2.3 Public Facilities: Establish a solar energy and alternative fuel program for City facilities and activities — THINK GREEN Objective 1.4 Land Use Controls: Introduce "mixed use" of light industrial, retail, office, service, and residential development in selected areas of the city Respectfully submitted, Kim M. McIntire, Board Secretary 1