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HomeMy WebLinkAboutPacket 07-03-2007 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: ty of Cape Canaveral 'IL REGULAR MEETING ( HALL ANNEX e, Cape Canaveral, Florida TUESDAY luly 3, 2007 7:00 PM AGENDA 1. City Council Regular Meeting Minutes of June 19, 2007. 2. Resolution No. 2007-16; Reappointing Regular Members to the Community Appearance Board (Lisa Moore and Andrea Schaffner). 3. Outdoor Entertainment Permit for National Night Out, Community Event to be Held at Cape View Park on August 7, 2007. 4. Cancellation of the August 7t" City Council Regular Meeting. CONSIDERATIONS: 5. Property Offer from the Cape Canaveral Volunteer Fire Department, Inc. in the Amount of $752,500. 6. Proposal for Design Surveys of the South Central Ditch in the Amount of $14,700. 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 LUTIONS: Motion to Adopt: Resolution #2007-17; Establishing the City's Intent to Reimburse Certain Project Costs Incurred with Proceeds of Future Tax - Exempt Financing. DISCUSSION: 8. Proposed Chronic Nuisance Ordinance. 9. Impacts of the Proposed Ron Jon Water Park and Resort at Port Canaveral. 10. City Hall Complex. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statues, 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 June 19, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Mayor Randels informed the audience that the Sheriff's Office apprehended the suspect involved in a robbery earlier that day at the Coastal Gas Station. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 5, 2007. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Ms. Roberts stated that she would contact the City Clerk related to non -substantive corrections to the minutes. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos 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. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 2 of 18 CONSIDERATIONS: 2. Motion to Approve: Change Order to the North Central Ditch Stormwater Improvement Project. Mayor Randels stated that this change order was for a project located at Central Avenue and State Road Al A and three years ago the City went out for bid on this project for which the City received approximately $348,000 in grant funding. Mr. Ratliff stated that the total project was $545,000. Mayor Randels stated that the grants would cover the ditch and installation of culverts. Mayor Randels explained that during a final survey it was noted that while storing water, this would impact the neighboring properties. Mayor Randels explained further that Stottler, Stagg and Associates (SSA) returned with a change order to resolve a problem they encountered. Jeff Ratliff, Stormwater Administrator, stated that the original design would cause some problems for the North Central Ditch project and he deferred to John Pekar of SSA for a brief explanation of the alternate plan. Mayor Randels clarified that Stottler, Stagg and Associates were not the grant writers. Mr. Ratliff reported that they attempted to make the grant application work; however, it was not feasible. Mr. Pekar explained the elements of the Central Ditch project as follows: to place culverts in the ditch, to install a swale on top of the ditch, thereby allowing infiltration with pick up points treating the water in a linear fashion as it flowed around past Wendy's and out to the Indian River Lagoon. From a quality standpoint, this was the only straight run outfall of the five in the City with minimal filtration. In review, on the east side on some properties the elevations ran as low as two -feet and from four to six feet on the west side which resulted in an unbalanced situation. Mr. Pekar then explained a two -fold plan to: 1) to build up a portion of the ditch, and 2) to slide the culverts to the high side up to where the City has a piece of property of about one-quarter acre. He explained further how the water would drop into a detention pond to capture water to about 7 -feet. This pond would capture about four to six tons of sediment per year that typically go out the lagoon. This would take the low side of the drainage ditch and bring it in on -grade with a by-pass for the major storms that would be culverted back to Central Blvd. Mr. Pekar stated that the culverts on the high side would take the 25 -year storm which was designed for nine -inches of rain. The low flow would enter into this property of about 80-byl00-foot piece of property Mr. Pekar noted a 15 -inch oak on the property which, if removed, would under the City code require mitigation. Mr. Pekar stated that the design was actually better for pollutant removal. Mayor Randels clarified that the area in discussion was related to west of North Atlantic Avenue and explained how anything west of North Atlantic Avenue drains into the ditch. Mr. Pekar stated that the ditch has up to two to three feet of organic matter; however, after its removal, some material had to replace it. Mayor Pro Tem Hoog asked what mechanism would be used to clean out the retention pond. Mr. Pekar replied that they had access to the sewer line in order for City employees to provide some cleaning. He stated that it would require maintenance every three to five years. Mr. Petsos inquired City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 3 of 18 about the slope. Mr. Pekar stated that due to the limited size of the land they intended to enclose the property on three sides with chain link fencing. Mr. Petsos pointed out that the slope would make maintenance more difficult. Mayor Randels asked Mr. Pekar to point out the location to the audience. Mr. Pekar pointed out that discussion included from the bottom of Central Avenue up past Rinker to the Port area. Mr. Pekar clarified that the ditch also referred to as the river was overgrown in areas and filled with organic matter. Mr. Nicholas asked if Mr. Pekar still intended to install the culverting the entire length of the ditch. Mr. Pekar replied that the plan was to extend the project up Central Avenue not quite half -way with the culverts as well as the pond and cleared out the rest of the way and subsequently completed dependent upon future funding. The program was a phased program. Mr. Nicholas inquired if much of the sediment came from the northern area. Mr. Pekar responded that most of the newer properties had stormwater systems. He affirmed for Mr. Nicholas that the normal flow in the canal ran from the north to south. Mr. Pekar explained that the pipes could be extended depending on the available funds; however, they cost $100 per foot and the expense was a consideration. Mr. Nicholas noted how most of the residential development occurred on the east side with warehouses on the west side and he asked if they were providing drainage retention on the west side. Mr. Pekar affirmed that drainage retention had occurred on the west side. Mr. Nicholas questioned the diversity on the east side compared to the west side and he encouraged the developing property owners to build up the bank. Mr. Pekar explained that on any City review all of the building pads were elevated up seven- to eight -feet. Mr. Nicholas inquired how this was impacted by Mr. Randy May's aggregate project. Mr. Pekar replied that Mr. Mays' aggregate would flow to the west and would be treated on his property. Todd Morley, Building Official, informed that a construction permit for a 16 -foot sight and sound barrier had been authorized for Mr. Mays' project. Mr. Nicholas expressed his concern with the lack of progress on this project. Mr. Morley stated that the permit was issued by the date specified by the Council and the permit has a six-month timeline. Ms. Roberts asked if the pond was anticipated to be full of water most of the time. Mr. Pekar affirmed to Ms. Roberts that it would with an elevation of approximately one to minus seven -feet. Ms. Roberts asked if this were an opportunity for the City to add value with an aerated pond. Mr. Pekar replied that the area was actually too small for a stormwater park and was not conducive to pedestrian traffic. Ms. Roberts said that the area appeared to be developmental property and she stated that the City might want to plan ahead for potential residential development. Ms. Roberts mentioned that some of the City's retention ponds may or may not have aeration and the still water brings in other things. Mr. Pekar replied that they could run electricity from the Lift Station in order to make this happen or possibly even solar power. Mayor Randels stated that this was not in the grant and would require City funding. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 4 of 18 Mr. Ratliff informed if the property were ever developed then they could look at developing the pond area. Ms. Roberts asked if the property would attract mosquitoes in its proposed state. Mr. Pekar replied that any enhancement to the water body would encourage the fish. Mr. Nicholas pointed out that minerals and other small fish would take care of the mosquitoes. Mr. Pekar replied to Mayor Pro Tem Hoog that a diversion structure would allow for a water table to exist at all times. Mr. Pekar stated that at Central Blvd. they were running water at elevation one. Mr. Petsos questioned Mr. Pekar about the bank elevation. Mr. Pekar replied that around the banks of the pond he anticipated up to elevation four. Mr. Pekar explained that they would look back to the hydraulic gradients all the way back up to the north to keep the flow back to two to two and one-half to be sure that the structures and outfall were sized so that the hydraulic gradients keep the water down for the designed storms. Mayor Randels concluded that the City's Stormwater Administrator recommended the change order. Mr. Pekar explained to Mayor Pro Tem Hoog that two minimum permits were required: the National Pollutant Discharge Elimination System permit and another from St. John's River Water Management District. Mr. Pekar also stated that the engineer's would also perform the subsequent certifications after project construction. Mr. Petsos pointed out that the project had $18,000 remaining in its budget. Mr. Ratliff concluded that any additional funding could be used toward any additional construction. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Change Order to the North Central Ditch Stormwater Improvement Project in the Amount of $9,040. 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. 3. Motion to Approve: Comprehensive Plan — Evaluation and Appraisal Report — Letter of Understanding. Mayor Randels explained how the Evaluation and Appraisal Report [EAR) preceded the City's Comprehensive Plan. Todd Peetz, City Planner, clarified that the EAR was performed every seven years. Mr. Peetz then explained the two -fold reason for the Letter of Understanding as: 1) public meetings were held in August of 2006 and January and March of 2007 and, 2) there was quite a bit of input from the public for inclusion into the Plan and the Department of Community Affairs was concerned with the community's comments. Mr. Peetz stated that items were ranked in order of concern at the City Celebration held at Manatee Sanctuary Park in March. He reported that density and height were numbers one and two; third, was shoreline erosion and dune protection; fourth was transportation and road development due the changes subsequent to development. Mr. Peetz made note that development guidelines and appearance were lower on the list although people did want the City to appear attractive. He also reported that affordable housing was lower on the list due to increased housing costs. He informed that the City had done much to provide parks and the City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 5 of 18 community was supportive. Mr. Peetz informed that City Hall, Town Center and mixed- use were not a high priority of the people that were questioned. Mr. Peetz listed other items such as fuel tanks, School Concurrency and Capital Improvements that were added to the letter, although not required, as larger issues for the Department of Community Affairs. He informed that he could make the comments from the public meetings available for the public's review. Mr. Peetz replied to Mayor Randels that staff was looking to transmit to the Florida Department of Community Affairs [DCA] at the second meeting in July. He reported that the Planning and Zoning Board meeting would meet to review the front portion data analysis. Council could review the document at its second meeting in July. Once the document was transmitted in July, then DCA would review for 60 days, the document would return some time in September with an anticipated adoption of October or early November. After adoption DCA takes 45 to 60 -days to find the City sufficient. Mr. Peetz informed that his firm hired someone who was formerly from the DCA to assist with this part of the process. After that the City has 18 -months to update the Comprehensive Plan consistent with the EAR with up to a 6 -month extension. Mr. Peetz clarified that the Future Land Use Map was an essential component of the Comprehensive Plan. Ms. Roberts expressed her concern that the projects that come to mind were the Visioning Session, the Redevelopment Plan, and this work product stating that the Council has not yet discussed the community's input from those different sessions. Ms. Roberts stated that she would seek how many people participated in this, the number of comments submitted, and organized to include frequency analysis. Ms. Roberts stated that she was speaking on process and approach and something such as this reflects what the Council was representing on behalf of the community. Ms. Roberts requested ample time for deliberation and perhaps a Workshop would permit Council to review the community's input. Mr. Peetz responded to Ms. Roberts that each County and City was required to have a School Concurrency Element especially due to a school within City limits. Mr. Peetz informed that Brevard County and the Brevard County School Board were preparing a draft element and the City could follow and implement as required. Mr. Peetz explained that DCA also desired for cities and counties to adopt Capital Improvements Element annually. He explained the problem; however, that the Capital Improvement Element would occur during the Budget Hearings. Mr. Peetz stated that the key components of the Redevelopment Plan were included in the EAR but not the letter. Ms. Roberts stated that the document was reflective of a City as well as Council planning document. Mr. Peetz responded that the Letter of Understanding was merely to document the community participation. Mr. Nicholas explained how as Council continues through the Comprehensive Plan process then more in-depth discussion would occur on specific element. Ms. Roberts stated that she desired to register her concerns and she suggested a change of process and have more planning before arriving at this stage. Mr. Peetz stated that DCA requested the Letter of Understanding. Ms. Roberts stated that since City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 6 of 18 March the Council could have had discussion and there was much reflection of the interpretation of what the community said in the Letter. She wanted to go on record with her concerns. Mr. Petsos stated that the letter was inclusive of what the city residents desired to see and in July there would be more time for additional discussion from the Council. Ms. Roberts stated that she was more concerned with the exclusion of some of the comments from the community. Mr. Peetz assured that all of the comments that were registered at the public meetings would be included in the Letter. On a final note, Ms. Roberts expressed the need for one other step in the process. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Comprehensive Plan — Evaluation and Appraisal Report — Letter of Understanding. 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: Designation of a Voting Delegate for the Florida League of Cities Annual Conference. Mayor Randels stated that traditionally the Council sought a delegate to vote during the League business meetings at the Florida League of Cities Annual Conference. Mayor Randels recognized that he, Mayor Pro Tem Hoog, Mr. Petsos, and Ms. Roberts would attend Conference. Mayor Randels nominated Mayor Pro Tem Hoog as the Voting Delegate. Mr. Nicholas asked if there were need for an Alternate. Mayor Randels responded that an Alternate was required this year. A motion was made by Mayor Randels and seconded by Mr. Petsos to Approve the Designation of a Voting Delegate for the Florida League of Cities Annual Conference Inserting the Name Bob Hoog. 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. 5. Motion to Approve: Local Option Gas Tax — Amendment to the Interlocal Agreement with Brevard County. Mayor Randels explained how this was a mechanism for the County bond funding for local roads. Mayor Randels reported that in 1986 the City received $182,090 and he clarified that the funding was used for road -related items only such as street lights, road repairs and cleaning ditches. Mayor Randels also reported that this year if the City agreed to the extension the City would receive $262,000. He stated that the tax was renewed in 1988, 1991, and 2001. Mayor Randels informed that this extension continued until August 31, 2037. Mayor Randels stated that this would allow the cities that opt -in to receive a portion of the six -cent gas tax. Mr. Boucher reported that the City was projected to receive $262,000 and the County's percentage since inception was 47.14004266 percent. Mayor Randels explained that the cities received 53 percent which was divided based on each city's population and he City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 7 of 18 informed that cities that did not use their funding forfeited it. Mayor Randels stated that Cape Canaveral received 3.10 percent of the municipal funding. Mr. Nicholas inquired about the 36 -year extension. Mayor Randels replied that the County was bonding for anticipated major roads. Mayor Randels informed that Mr. Roger Dobson was influential in getting the toll booths removed from the Bee Line now the Beach Line and as Mr. Nicholas stated also the Pineda Causeway. Ms. Roberts pointed out that the population was based on the City's 10,317 in population and expressed her concern that the beachside communities might not be receiving their fair share from the County due to under -representation. Mayor Randels affirmed that the 10,000 does include the seasonal residents. Mr. Boucher informed that the population census came from the University of Florida and his argument with them was that the City was not receiving full credit for services to seasonal residents; however, they would not change. Ms. Roberts stated that the City increased up to 14,000 at the height of season which was substantial over the 10,000, stated and she went record to state that the City was under -represented. Mr. Nicholas questioned if the formula for calculating the percentage was State law and he suggested addressing this with the State legislature. Mr. Boucher informed that Cape Canaveral would need to gain all the cities agreement in order to make a change to how the percentage was calculated and would probably cause dissension between the beachside and mainland communities. Mr. Petsos expressed that the current Agreement did not expire until 2021 and perhaps discussion was possible prior to forwarding consent. Mr. Boucher responded that the Board of County Commissioners desired to discuss this issue at their July 10th meeting. Mr. Boucher stated that the County was reluctant to amend its 47 percent portion. Mr. Boucher informed that the Amendment would proceed regardless of full consent due to agreement from the larger communities. Ms. Roberts requested a Coalition of the beachside communities on issues of common concern in order to present these concerns effectively to the County. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve Local Option Gas Tax — Amendment to the Interlocal Agreement with Brevard County. 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. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 04-2007; Amending Chapter 110, Clarifying the Intent of the R-1, R-2, and R-3 Residential Zoning Districts, Defining the Terns "Resort Dwelling" and "Resort Condominium" at Second Reading. Attorney Garganese distributed the most recent Draft of the Ordinance dated June 18, 2007 to the Council with the amendments highlighted. Attorney Garganese stated that City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 8 of 18 there were several changes to the Draft of June 14, 2007 in Pages 6, 7, and 8 and he referred to the first change: Page 6, Section 110-332, which clarifies resort condominiums satisfying the Certificate of Occupancy and zoning requirement for a hotel -motel under the City code shall be regulated as a principle use under Section 110-332, Sub -paragraph (4) hotels and motels. If it meets the hotel -motel standard of requirements, then it would not need a residential special exception. Attorney Garganese proceeded to Page 7. A Preliminary Non -conforming Certificate procedure that would establish for resort dwelling and resort condominiums that received Site Plan approval yet have not been constructed or that have already filed a Site Plan proposing resort condominiums by June 19, 2007. This one change indicates that those property owners would be required to file a $100 file fee in order to obtain that Preliminary Non -Conforming Certificate. Attorney Garganese explained that there were Site Plans that have been currently approved for resort condominiums that were currently in existence and there was also one application of which the City was aware. Those properties were eligible for a Preliminary Certificate of Non -Conforming Status. If they succeed through the rest of the process, they would be able to have a resort condominium or resort dwelling under the Ordinance. The City was however imposing a $100 filing fee to obtain that Preliminary certificate. Ms. Roberts questioned how the $100 filing fee applied. Attorney Garganese replied that there were two different fees: 1) an existing unit required a $100 fee, and 2) those units that were not constructed were required to obtain a Preliminary Non -Conforming Certificate for $100, then proceed through the Building Department permit process and pay an additional fee in order to get a Building Permit to build a resort condominium unit in compliance with existing building and fire codes. This would address those the City's several existing Site Plans So their additional fees would occur at a later time; however, the upfront fee would recognize those Site Plans for purposes of this Ordinance and processing their request for future resort dwellings and resort condominiums. Ms. Roberts asked if each owner within existing condominiums would need to apply for this certificate. Mr. Boucher replied that it depended how they were licensed. He explained how those units under a management company would handle the fee for those units and the others that were individuals would require notification and arrangement for inspections and certificates under the Code. Ms. Roberts questioned if the City would subsequently receive one from the owner. Mr. Boucher responded that they would be constructed for that occupancy which was resort condominiums and if the developer keeps the units under one manager then they would either be managed either singly or as a group under this provision. Ms. Roberts inquired if the $100 fee would apply to each individual unit. Mr. Boucher affirmed. Ms. Roberts then asked about how this would apply to the time-shares. Attorney Garganese explained that the $100 fee would apply per unit, not per owner and for a time-share the fee was divided among the number of owners. The units not yet constructed were subject to the Building Permit process which included inspections. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 9 of 18 Attorney Garganese proceeded to Page 8 and noted the change to Sub -paragraph (i) related to the Certificate of Non -Conforming Status. The intent was to assure that a person who had filed a Site Plan application but was not approved yet; the person would need to demonstrate that the application was in full force and effect in order to obtain this Non -Conforming status. The Ordinance reads, "If the Site Plan was filed but not yet approved before June 19, 2007, the owner would have one-year from June 19, 2007 to obtain Site Plan approval to construct the resort dwelling units or the resort condominium units as a condition. language was also added to state that within 30 -days of the receiving that Certificate of Occupancy for a resort dwelling or condominium unit, the applicant was required to not only get the license from the State, but also to obtain the Certificate of Non -Conforming status under the Ordinance. Mayor Randels pointed out that the changes in discussion were on Pages 6, 7, and 8. Mayor read the second sentence in Section 110-332, Item (15), for clarification, "Resort condominiums satisfying the Certificate of Occupancy and zoning requirements for a hotel, motel under the City Code shall be regulated as a principle use under Section 110-332(4) Hotel, Motels. Attorney Garganese explained that if someone desired to be a residential unit then they would need to obtain a Special Exception; however, they would need to obtain one for the C-1 zoning district which applied to the North Atlantic corridor as previously approved by Council and pursuant to the attached map. Mayor Randels referred to Page 7 of the June 18th draft and clarified that a $100 per unit fee would be charged to ensure that the unit was in compliance with building and fire codes. However, if the unit was under construction, then the expectation was to build to the existing code as it was being constructed. Attorney Garganese replied that the $100 file applied to preserve the right to build as a resort condominium or resort dwelling and obtain the Preliminary Non -Conforming Use status permit; however, subsequent building permit fees still applied. Ms. Roberts inquired about the time line and asked if Chief Dave Sargeant stated that the number of days was dependent upon the number of permits submitted. Ms. Roberts referred to the timeline and made note that 30 -days from the permit application. Attorney Garganese clarified that the one-year began from the day that an applicant filed their Notice of Intent. Ms. Roberts reviewed for clarity on the timelines. Ms. Roberts stated that there were 30 - days from June 19th on the filing and after those 30 days to submit the life/safety plan. Ms. Roberts questioned how long for the Fire Department's review. Chief Sargeant responded that a condominium building might take up to 60 -days to come up with a plan. Ms. Roberts stated her intent was to review the timeline in light of when the 365 days began. Ms. Roberts stated that 30 -days from June 19th everyone interested would need to submit their filing fee of intent and 30 -days from that time they would need to give the Fire Chief a life/ safety plan. Chief Sargeant replied that 365 days was left open to extension. Attorney Garganese clarified that the one-year began the day that the Notice of Intent was filed. Ms. Roberts continued review of the timeline and said after the Fire Chief reviews the life/ safety plan, and then the applicant needed to submit a detailed plan within 90 -days City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 10 of 18 of review. Chief Sargeant affirmed. Chief Sargeant clarified that the initial 30 days was the most important period. Ms. Roberts stated her concern with persons left in an unsafe condition during the timeline process between the Notice of Intent and the Life/ Safety Plan. Mayor Randels concluded that people had the first 30 days. Lamar Russell, Planning and Zoning Board, referred to the Board's notes which outlined that there was an initial 30 days, then 90 days for plans and specifications up to one-year with allowable extensions. Attorney Garganese clarified that the timeline began 30 days from the Notice of Intent; however, the Notice of Intent should be filed within 30 days of the effective date of the Ordinance. Mayor Pro Tem Hoog stated that he shared Ms. Roberts' concern with the timeline. Mayor Pro Tem Hoog expressed the need for expeditious review. Chief Sargeant stated that review would depend on what was submitted. However, if a volume of plans were submitted, consequently, more time was required. Applicants would be notified that they would be required to shut down with the exception of the three allowable times for rental in any one year. Chief Sargeant however assured an effective, yet expeditious review. He replied to Mayor Pro Tem Hoog that he did not foresee the need for a full time person for these inspections. Mr. Morley added that the 90 -day period was the date of the technical drawing submittal and the building and fire department review would commence; however there was ample time before the 365 day mark was met. Mr. Morley responded to Mayor Pro Tem Hoog that as long as a good faith effort was made to comply, then he and the Fire Chief would want to encourage them by allowing for an extension. Ms. Roberts referred to Page 8 and pointed out where an owner would be shut down in operation until they were approved. Attorney Garganese replied perhaps that they were long term rentals and not operating a resort dwelling or resort condominium without a license. Ms. Roberts wanted to ensure that anyone considering this was aware that until they were approved until the met the requirements. Attorney Garganese stated that until they have the requisite Certificate of Occupancy that meets all the building and fire requirements and the license by the State, they lawfully operate. The Section states that no one could operate unlawfully while trying to obtain licensure and Certificates of Occupancy. Mayor Randels also referred to Page 8, subsection (4) and made note that as long as the owner attempts to make a good faith effort to obtain the required licensure or they would need to notify the City and seek an extension. Mayor Randels proceeded to read Item No. (i) on Page 8 " If a site plan was filed, but not yet approved, before June 19, 2007, the owner shall have one (1) year from June 19, 2007 to obtain site plan approval to construct the dwelling unit(s) or condominium unit(s)." Attorney Garganese clarified that if the Site Plan application was submitted as to June 19th, they have one-year to get the Site Plan approved and then they must construct the units in compliance with the building and fire code. Mayor Randels then read Item No. (iii), on Page 8. Ms. Roberts stated that there were many more changes since the June 14th Draft and she clarified as a point of order, that the City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 11 of 18 Mayor was only reviewing the changes since the June 14th Draft. Mayor Randels affirmed that the Council would also review the changes since the June 5th meeting. Attorney Garganese stated that he would express any changes since the First Reading. Ms. Roberts stated her concern to hear to Council's review of any changes that occurred during the First Public Hearing and not just the changes made between the Draft of June 14th and June 18th. Attorney Garganese explained how during First Reading there was discussion over those Site Plans that were already approved yet not completed. The City had such a Site Plan in which the applicant was considering a resort condominium type project. Therefore Subsection (5) was added to address just that situation in which Site Plans were approved but units have not been constructed and Site Plans that have been submitted and were in the application process but were not yet approved. Attorney Garganese explained how Subsection (5) created the procedure for where if an applicant has a Site Plan that has been approved or a Site Plan that has been filed by June 19, 2007 and the intentions were to have those units converted to a resort condominium then a Notice of Intent must be filed with City. This notice was called a Preliminary Notice of Non -Conforming Status for that project and then the owner would have a certain period of time and shall be required to file the Notice of Intent with the City Manager, declared and registered the Notice of Intent to duly license the proposed condominium unit or dwelling unit as a resort dwelling or resort condominium under Chapter 509, Florida Statutes, when the unit is constructed. Once the Preliminary Notice of Non -Conforming Status was issued, then a Final Certificate of Non -Conforming Status would be issued in order to have a resort dwelling or resort condominium. However, three conditions apply: 1) only applies to Site Plans that were filed but not yet approved, 2) at the time the dwelling or condominium receives an initial Certificate of Occupancy from the Building Official, the unit shall meet the building and fire code standards applicable to a resort dwelling or resort condominium, and 3) within 30 days of the Certificate of Occupancy, an applicant must obtain a license from the State of Florida and a Final Certificate of Non -Conforming Status from the City Manager. Attorney Garganese stated that there were two special circumstances that addressed a vested rights issues: 1) those Site Plans that have been approved yet the units have not been constructed, and 2) those applicants that already have a Site Plan submitted to build resort condominiums yet have not completed the process. This gives them an opportunity to preserve that right to have a resort condominium or resort dwelling. Attorney Garganese clarified that the provision addressed a vested rights interest expressly in this Ordinance involving Site Pians that have been approved or were in the application stage. Attorney Garganese clarified that the other change established June 19, 2007 as the Effective Date. Attorney Garganese also clarified that the last change was to Page 9 of 10 which carried forward the provision and excludes of the C-1 zoning district. Mayor Randels read from Section 110-486, Rental Restrictions on Dwelling Units that "it shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in any zoning district excluding the C-1 zoning district. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 12 of 18 Mr. Boucher informed that that when the Certificate of Non -Conforming Status was filed it would be recorded with the Brevard County Clerk of Court and attached to the property. Ms. Roberts referred to Page 2, the last WHEREAS clause and made note of the last sentence in which Mayor Randels stated for the record to strike the letter "s" from dwellings. Ms. Roberts asked if the practice of exchange related to time-share was addressed. Ms. Roberts referred to the previous meeting in which Mr. John Grandlich of the Ron Jon Cape Caribe Resort stated that the owners have the right to use it, exchange it, or rent it. Mayor Randels pointed out that the previous meeting minutes state that the Association was licensed under Florida Statutes Chapter 721. Mr. Grandlich informed that an exchange was not a rental in that there was no transfer of money. Attorney Garganese explained that a time-share operating under its legal business practice allowed for the exchange practice. Ms. Roberts expressed that there might be other opportunities for the use of the exchange practice such as with a residence and explained how this was also a form of transient use. Ms. Roberts pointed out that this question arose from the community as it could be applied; however, there was no further point of discussion if it were not an applicable issue. Mr. Petsos replied that he did not think there were enough to reach a threshold to become a resort dwelling and if residences were exchanged it was usually for more than a month at one time. Ms. Roberts suggested a depiction of the timeline for the community. Mayor Randels referred to the depiction as submitted from the Planning and Zoning Board in the packet. Mayor Randels read Ordinance No. 04-2007 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM 'RESORT DWELLING;'DEFINING THE TERM "RESORT CONDOMINIUM;' PROVIDING FOR THE LOCATION AND REGULATION OF RESORT DWELLINGS AND CONDOMINIUMS UNDER CONDITIONS STATED HEREIN; AMENDING THE SUPPLEMENTAL ZONING DISTRICT REGULATIONS TO RESTATE THAT ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A MINIMUM OF SEVEN (7) DAYS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ms. Helen Filkins stated that this was a sad day for her since 33 years ago the City voted to become low density, residential community. Ms. Filkins expressed how she watched the Miami community change over time due to resort dwellings. She explained that the Ordinance was a how-to document for renting out residences. Ms. Filkins explained that the document WHEREAS clauses were contradictory in their attempt to retain a residential City but procedural on how to rent residences. Mayor Pro Tem Hoog stated that he was opposed to resort rentals; however, a few people invested in their home to rent those homes until their retirements with rights to their property. Mayor Pro Tem Hoog expressed the preference to adopt an Ordinance that was defensible. Ms. Filkins expressed that no one had the right because they did not present this to the people first. Mayor Randels explained that the Ordinance would prohibit resort dwellings and resort condominiums in City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 13 of 18 the R-1, R-2, and R-3 zoning districts. Ms. Filkins emphasized that the people voted for a low density, small town. Mayor Randels pointed out that the residents successfully voted for low density, height restrictions, and residential along the ocean and the river. Ms. Filkins thanked the Council for the opportunity to express her view. Mr. Kohn Bennett, of 1000 Shorewood Drive stated that the Council clarified its intent at the previous meeting related to approved Site Plans. Mr. Bennett pointed out that once an applicant obtains the Certificate of Occupancy for the new building, there were 30 days to obtain the State license and for the City Manager to sign his license. Mr. Bennett pointed out how he had no control over the State licensing time period. Mr. Bennett offered language for Sub -paragraph 5 and suggested a grace period under the third sub -point (iii). "and judiciously pursue his license within that time period." Ms. Roberts stated that the owner was required to obtain the requisite license; however, she stated her concern with a time frame to reasonably obtain the licensing. Mr. Bennett pointed out that he would also need a signature on the Final Certificate from the City Manager. Discussion concluded and agreed on a change of language to a "60 -day' provision to obtain a license from the Department of Business and Professional Regulation. Ms. Sandy Trudeau of Merritt Island and owner of three resort dwelling properties in Cape Canaveral thanked the Council for the grandfathering provision; however, Ms. Trudeau expressed that two of her properties would under closure due to the Ordinance. Chief Sargeant clarified that the State found her in violation. However, Ms. Trudeau's properties would remain closed until she was found conforming and met the requirements. Ms. Trudeau informed that she was in possession of signed rental agreements. Chief Sargeant emphasized that once the applicant officially applied, they were officially notifying that they were non -conforming. At that point in time, per the Ordinance, those units could not be rented for more than three times in a year for seven days. They would have to go to long-term rental until they comply with the law. Ms. Trudeau informed that the State told her that she needed egress from the third floor, unless she could get a letter of waiver from the City. Mayor Randels asked Ms. Trudeau if she could meet with the Building Official, the Fire Chief and the State Representative to resolve her issue. Ms. Trudeau requested a special amendment for her circumstance. Attorney Garganese clarified that Ms. Trudeau was asking the Council to waive the building code requirement for her situation and he advised the Council against such an action that was in direct contradiction to the building code requirements for life/ safety. Ms. Trudeau explained how she was subject to financial losses and potential litigation due to breaches of contract. Mayor Pro Tem Hoog stated that her third story was not in compliance with the law. Mayor Pro Tem Hoog stated that he was not in support of any waivers and stated that she had a right and it was up to her to use that right. Council members expressed their disapproval with Ms. Trudeau's request. Council members explained that the previous amendment was made for un -constructed units. Mayor Pro Tem Hoog requested for staff to be expeditious in their review. Ms. Roberts expressed how what was fair and equitable would apply to any and all applicants. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 14 of 18 Attorney Garganese referred to Page 9, in Section 110-486 related to Section 110-332 (4) and requested to exclude "hotels and motels". Ms. Roberts stated that she read the provision as more being restrictive. Discussion followed on the intent of the City Attorney's proposed change. Mr. Bennett pointed out that resort condominiums were a new definition, kept in C-1, and they should be able to operate daily within the intent of C-1 zoning with a resort condominium license. Mr. Bennett expressed agreement with the restriction for residences on a lot in the C-1 zoning district; however, he agreed with Ms. Roberts on the overly restrictive aspect of the City Attorney's proposed change. Ms. Roberts called for a Point of Order to hear the City Attorney's intention. Attorney Garganese clarified that it was not his desire to add a provision to the practice of a less than 7 -day rental in any other zoning district outside of C-1 zoning. Mr. Petsos stated that he preferred to see the Ordinance remain as submitted. Mr. Nicholas referred to the zoning map and noted the amount of commercial zoning on the west side of North Atlantic Avenue. Mr. Boucher clarified that after the Ordinance was adopted a resort dwelling or resort condominiums could permit daily rental use as long as they met the same requirements as a hotel or motel in the C-1 zoning district. A motion was made by Ms. Roberts and seconded by Mr. Petsos to extend the meeting until 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. Mr. Boucher advised Council to have the Planning and Zoning Board review the smaller units. Council decided to vote on the City Attorney's amendment. The City Attomey recommended striking the language, "excluding the C-1 zoning district," and inserting, "excluding hotels -motels." under Section 332, Sub -paragraph (4), Hotels -Motels. Mr. Boucher clarified that this would maintain the status quo in the C-1 zoning. Mr. Bennett stated that the amendment would not allow the newly defined resort condominium to operate as a commercial activity. Mr. Boucher referred to Page 6 and read how a resort condominium was permitted to operate. Attorney Garganese found suitable language to make the amendment. Attomey Garganese stated that the amendment could be connected to a permitted use. Ms. Roberts clarified that at a later time the Planning and Zoning Board would address transient apartments, rooms, and bed and breakfasts. An amendment was made by Mr. Nicholas and seconded by Mr. Petsos to the main motion to change the number of days from "30 -days" to "60 -days" on Page 8, Item 5, Paragraph 5, Roman Numeral III, for which the owner would be required to obtain licensure from the Department of Business and Professional Regulations. 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. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 15 of 18 An amendment to the main motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Amend Page 9, Section 110-486 to read, "It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in any zoning district, excluding hotels -motels under Section 332, Sub- paragraph (4) and Resort Condominiums in the C-1 Zoning District." 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. Nicholas and seconded by Mr. Petsos to Adopt Ordinance No. 04-2007 as amended at Second Reading. 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. Ms. Roberts proposed to shift the sequence of the Discussion Items out of respect for those audience members who were waiting to be heard. The Chair, hearing no other approval, decided that there was no support to change the order and the meeting continued with the next discussion item. DISCUSSION: 7. Florida Cities of Excellence Awards — Nominations. Mayor Pro Tem Hoog considered a nomination for Mr. Bennett Boucher as City Manager of the Year stating that he has been a City employee for 22 years. Mayor Pro Tem Hoog also nominated Mayor Randels as Mayor of the Year for his 10 years as Mayor of his 20 years tenure. Ms. Roberts requested to also consider several other employees in the various nominating categories: Andrea Bowers in Finance, Todd Morley as Building Official, Duree Alexander as Employee of the Year, Jeff Ratliff as well as Robert Lefever. Mayor Pro Tem Hoog cautioned on too many nominations from the same City coming to the selection committee. Mayor Randels expressed to submit the City Manager's name only. Mr. Petsos agreed with the Mayor to nominate one person. Mr. Boucher thanked the Council for the nomination. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Nominate City Manager, Bennett Boucher at the Florida Cities of Excellence Awards. 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. Nicholas and seconded by Mr. Petsos to extend the meeting to 10:45 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. City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 16 of 18 8. Administrative Appeals Related to the Zoning Code of Ordinances. Rev. Ms. Roberts thanked the audience members who remained to discuss this issue. She explained how the current process does not allow for City Council's input prior to or subsequent to a Board of Adjustment Hearing. Ms. Roberts stated that the process also did not allow for the community input during a Hearing. Ms. Roberts expressed how the City Council serves as the Board of Adjustment in other municipalities and she proposed that suggestion to the Council. Ms. Roberts explained how as the Appeal process stands in her understanding an Appeal of the Building Official proceeds from the Board of Adjustment then to the Planning and Zoning Board and back to the Board of Adjustment at the time of Appeal. Ms. Roberts proposed for the Council to consider participating in the Appeals process or to consider eliminating the Board of Adjustment and having City Council assume that capacity. Ms. Roberts stated that there was no system of checks and balances in the existing process or for community input. Mayor Pro Tem Hoog asked the City Manager why the Council served as the Board of Adjustment in the past and under what circumstance did that change. Mr. Boucher responded that Municipal Home Rule might have allowed for the existing Board of Adjustment to remain after 1972. No Council prior to this one considered assuming those duties. Mr. Boucher replied that the Council had the authority to serve as the Board of Adjustment. Attorney Garganese affirmed that in other cities the Council takes that authority. Mr. Petsos expressed that he always felt that City Council should make the final decision. Mayor Pro Tem Hoog stated that he did not desire to eliminate the Board; however, he would agree to participate in the process. Mr. Nicholas stated that the Board had expertise in the Zoning Code area. He expressed to retain the Board's expertise, however, the City Council would serve in the Appeals. Ms. Roberts responded to Mayor Pro Tem Hoog's implication of additional meetings that she did not believe the number of additional meetings would present a burden. She re- stated her concern that the process did not allow for community input. Ms. Roberts explained how if it were decided that the Board of Adjustment process did not allow for public comment except to a limited extent, then the impacted community did have a right to be heard by the Council. Ms. Roberts stated that the current process favors the applicant and did not favor the community at large. Mayor Pro Tem Hoog stated that the most recent hearing was established as a court hearing which was the forum of an Appeal and therefore, public comment was limited. Ms. Roberts replied that in this case in terms of appealing the decision of the Building Official, in the interest of the public good and the broader community in support of the Ordinances changes previously made, the Building Official made his decision based on an incredible amount of community care and concern. However, that input was minimally heard. Such concerns were raised before the most recent meeting. Ms. Roberts expressed how the community in which she resides was appalled that City Council did not participate in the Appeals process. Ms. Roberts asked if the way the Board of Adjustment operates was in conformance with the City's own code. Attorney Garganese affirmed that it did. Mayor Pro Tem Hoog City of Cape Canaveral, Florida City Council Regular Meeting June 19, 2007 Page 17 of 18 responded that the Appeals process was specific to one subject only. Mr. Petsos requested to have the staff review some options such as: 1) whether the Council desired to serve as the Board of Adjustment, or 2) whether the Council would use them as an Advisory Board and have the final decision rest with the Council. Attorney Garganese stated that "pursuant to City Code Section 110-33 once the Board renders a final Appeal, it would proceed to the Circuit Court." Attorney Garganese explained the condition of why the result of the overturned Appeal would place an issue before the Planning and Zoning Board. Ms. Roberts emphasized that she desired for the impacted parties to also have the right of Appeals and she preferred for the Council to assume the duties of the Board of Adjustment. She did not think that the amount of business was significantly burdensome. Attorney Garganese explained the three options as: 1) the Board of Adjustment could maintain their authority, 2) City Council could assume that authority, or 3) or the City Council could serve as an Appellate body to hear any Appeals from the Board of Adjustment. In addition, the Council could also eliminate all and obtain a Special Hearings Master. Ms. Roberts emphasized how with regard to hearing Appeals that the community, those impacted parties, have the right to be heard. Discussion followed on how to include City Council in the Appeals process. Attorney Garganese reported that in another City the Board of Adjustment serves in a recommending capacity to the Council. Mr. Nicholas suggested returning to a Workshop meeting for discussion purposes and the Regular meeting serving for taking action purposes. Mr. Russell stated that the purpose of the Boards were to alleviate some of the Council's work. He explained how this might also drive away members committed to their work. Mr. Russell stated that Advisory Board members reside into the community also. Mayor Pro Tem Hoog stated that the Council removed some of the Planning and Zoning Board's authority in their review process which affected the Board's performance. Mayor Pro Tem Hoog stated how he was in favor of being an Appellate Board to the Board of Adjustment but not to eliminate a Board. He explained to Ms. Roberts that the one meeting that she focused on was an Appellate Hearing. As a point of order, Mayor Randels concluded to have staff review the options related to the Board of Adjustment. On a final note, Mr. Russell stated that the when the Council removed power from the Boards, they remove the leverage for the Board to perform their job. Ms. Ruth Anders expressed agreement with Ms. Roberts. Ms. Anders submitted a letter to City Council related to the Board of Adjustments decision. Ms. Anders stated that her committee had obtained a legal opinion from the City Attorney in order for citizens to gain a right to be heard. Ms. Anders stated that the Board of Adjustment's final decision should be "void ab initio." Ms. Anders concluded that the Board's action had no legal validity at any time. Mr. Werner Grewe submitted a letter to the City Council referencing Administrative Appeals related to the Zoning Code of Ordinances Board of Adjustment of June 14, 2007. In summary, Mr. Grewe addressed the Council and stated that the Board of City of Cape Canaveral, Florida City Council Regular Meeting June 19. 2007 Page 18 of 18 Adjustment provided a disgraceful performance under the Chairmanship of Mr. Earl McMillin. Mr. Grewe read his letter to the Council which reviewed the points of how the meeting was unbalanced allowing for Attorney Torpy to speak at great length, how the other Board members had nothing to say during the meeting, how Mr. Torpy's presentation provided a distorted view of how the tank farm evolved and finally how Mayor Joy Salamone was not in favor of additional storage tanks. Ms. Annie Tannenbaum stated that the development was different at the time of the tank farm development. Ms. Tannenbaum also questioned the background of the Board of Adjustment Members. REPORTS: Due to the lateness of the hour, there were no reports. AUDIENCE TO BE HEARD: There were no further comments from the audience. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 11:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 07-03-07 AGENDA REPORT AGENDA Heading Consent Item 2 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2007-16, REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-16, reappointing Lisa Moore and Andrea Schaffner as regular members of the Community Appearance Board. Summary Explanation & Background: Their terms will expire on 05-01-2010. Exhibits Attached: Resolution No. 2007-16 CityMan is Offi Department LEGISLATIVE -nt\ki \m ments\admin\council\meetings\2007\07-03-07\2007-16.cinr RESOLUTION NO. 2007-16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows SECTION 1. Lisa Moore is hereby re -appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1. 2010. SECTION 2. Andrea Schaffner is hereby re -appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1. 2010. SECTION 3. This Resolution shall take effect immediately upon its adoption. K:1CityClk%Resolutions%BOARDS1ReappoiMments%2W-ACommunity Appearance.DOC City of Cape Canaveral Resolution No. 2007-16 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd of July, 2007. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, MAYOR Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts K:\CityClk\Resolutions\BOARDS\Reappointments\2007\Community Appearance. DOC For Against Cape Canaveral, FL 32920 To Lisa Moore, ty of Cape Canaveral Your term on the Community Appearance Board has expired. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. Thank you. �I I DO wish to be considered for reappointment. *Notified the City Clerk's Office by Telephone. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Lisa Moore, Community Appearance Board Sincerely, Susan Stills City Clerk 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 City of Cape Canaveral June 25, 2007 Andrea Schaffner 506 Tyler Ave Cape Canaveral, FL 32920 To Andrea Schaffner Your term on the Community Appearance Board has expired. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. Thankyou. 2/1 DO wish to be considered for reappointment. *Notified the CAB Board Secretary by E—Mail. ❑ I DO NOT wish to be considered for reappointment. (Signature) Andrea Schaffner, Community Appearance Board Sincerely, Susan Stills City Clerk 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 City of Cape Canaveral June 25, 2007 Connie Trautman 419 Lincoln Ave Cape Canaveral, FL 32920 To Connie Trautman Your term on the Community Appearance Board has expired. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. Thank you. ❑ 11 DO wish to be considered for reappointment. E I DO NOT wish to be considered for reappointment. (Signature) Connie Trautman, Community Appearance Board Sincerely, Susan Stills City Clerk *Notified the City Clerk's Office by Telephone. 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: ccapecanaverai@cfl.rr.com Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR NATIONAL NIGHT OUT DEPT/DIVISION: PUBLIC SAFETY/POLICE Requested Action: City Council consider approval of the Outdoor Entertainment Permit for National Night Out sponsored by the Sheriff's Department. Summary Explanation & Background: The event will be held on 08-07-07, 5-8 pm, at Cape View Park. I recommend approval. Exhibits Attached: Permit City Man s Department PUBLIC SAFETY/POLICE capyd s admin\counci1\meeting\2007\07 U_) -U 1 \JJCLi-L.UUC Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: 06/19/07 The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: Commander Doug Scragg Title: Precinct Commander Firm: Brevard Countv Sheriff' Address: 111 Polk Avenue, Cape Canaveral, FO 32920 E -Mail: doug.scragg@bcso.us Telephone: (321) 868-1113 FAX: (321) 868-1113 Local Contact: Corporal Brenda Deans Title: Corporal Local Address (if different from above Type of Event: Community Law Enforcement event Will Alcoholic Beverages Be Served on the Premises? YES NO X Event Date(s) in Cape Canaveral: August 07, 2007 Location(s): Cape View Elementary Date(s) 08/07/07 Time 5:00 - 8:00 pm 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: 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: Expiration Date: Policy No: 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. Date,/, — 2-0 — V % Applicant or R 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 GU�6�in�'�17� �✓L. d DIVISION 1. GENERALLY Page 1 of 2 DIVISION 1. GENERALLY Sec. 10-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Outdoor entertainment events means any gathering of groups or persons for the purpose of participating in, viewing, observing, watching or listening to entertainment which consists of musical renditions, sporting contests or events, festivals or other entertainment not conducted within a completely enclosed structure. (Ord. No. 23-92, § 1(729.01), 12-1-92) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 10-47. Compliance with other laws. The staging, promoting or conducting of an outdoor entertainment event shall be in full and complete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations applicable 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 article shall be punished as provided by section 1- 15. (b) The city council may revoke the special outdoor entertainment permit granted and shall immediately notify the city treasurer to revoke any occupational license upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 10-49. Occupational license required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23-92, § 1(729.02), 12-1-92) Cross references: Occupational license taxes, § 70-88. Sec. 10-50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sections of this article to any outdoor entertainment event sponsored by the recreational boards http://libraryl.municode.com/mcc/DocView/12642/l/66/69/70 6/27/2007 DIVISION 1. GENERALLY Page 2 of 2 established by the city or any outdoor entertainment event promoted by a nonprofit organization, association or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and approval of an outdoor entertainment event promoted by suchorganization, association or group shall be based upon a sufficient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), 12-1-92) Secs. 10-51--10-60. Reserved. http://libraryl.municode.com/mcc/DocView/12642/l/66/69/70 6/27/2007 DIVISION 2. PERMIT Pagel of 3 DIVISION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, promote or conduct 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 entertainment 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 commencement of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall contain the plans, documents and information specified 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 conditions as required by the council upon a review of any unique problems contained in the plans, documents and information are met: (1) Adequate plans for site construction, sanitation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent control, water supply and food service. For the purposes of evaluating such plans, the standards established by the rules of the state division of health in the sanitary code of the state shall be considered as minimum requirements. For the purposes of this article, part IV, chapter 10D-25, excluding sections 25.077, 25.078, 25.079, 25.080, ofthe Florida Administrative Code and any succeeding rule, regulation or law shall be considered specifically applicable to the operation of an outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part I, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facilities, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside the designated parking area, except when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician licensed 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 medicines, bandages, medical compounds, medical instruments, serums, tape and such other supplies as are necessary to treat adverse drug reactions, cuts, bruises, abrasions, bites, fractures, infections and other injuries commonly connected with such outdoor activities. (4) An adequate plan for internal security, traffic control, communications, fire protection and emergency services, including ambulance service, in and around the event area. Such plan shall provide for at least one person professionally trained in security and traffic control on duty at all times for every 500 patrons, with no security personnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the plan of security, traffic control, communications,fire http://libraryl.municode.com/mcc/DocView/12642/l/66/69/71 6/27/2007 DIVISION 2. PERMIT Page 2 of 3 protection and emergency services, including 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 financial 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, promoting or conducting such event or any involvement 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 agreements 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 entertainment event and executed copies of all contracts or agreements with such persons. (8) The exact date and time of commencement and the exact date and time of the conclusion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, 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. (10) Such additional conditions, criteria or detailed specifications for the special entertainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this article for the protection of the public health, morals, safety and general welfare, including insurance coverage in addition to the amounts and types of coverage specified in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10-63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day established by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10-64. Cash cleanup bond. Any person holding a special outdoor entertainment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contractors. The cash bond shall be returned to the holder of the permit upon certification by the city manager that all debris, paper, litter or trash has been removed from the http://libraryl.municode.com/mcc/DocView/12642/l/66/69/71 6/27/2007 DIVISION 2. PERMIT Page 3 of 3 premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the outdoor entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deductthe cost of cleanup or repair from the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12-1-92) Secs. 10-65--10-85. Reserved. http://libraryl.municode.com/mcc/DocView/12642/l/66/69/71 6/27/2007 Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: CANCELLATION OF THE AUGUST 7TH REGULAR MEETING OF THE CITY COUNCIL DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the cancellation of the August 7, 2007 Regular Meeting to attend the National Night Out at Cape View Park which is occurring on the same evening from 5-8 pm. Summary Explanation & Background: City Council cancelled last year's meeting to attend National Night Out. I recommend approval. Exhibits Attached: N/A City MannOffic Department LEGISLATIVE k m\m ents\admin c cil\meeting\2007\07-03-07\cancellation.doc Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Consideration Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPERTY OFFER FROM THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the offer from the Cape Canaveral Volunteer Fire Department, Inc. in the amount of $752,500 to purchase the fire house building and land. Summary Explanation & Background: Attached are excerpts from the two appraisals. Complete appraisals are available for review. Is City Council interested in making a counter offer? Please advise. Exhibits Attached: CCFVD Offer Letter; Appraisal Excerpts City Manager' ffi Department LEGISLATIVE -nt\ki ents\admin council\meeting\2007\07-03-07\ccvfd.doc CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. Serving the city of Cape Canaveral & Canaveral Port Authority MEMORANDUM To: Bennett Boucher, Manager, City of;Gfilpe_Canaveral From: David J. Sargeant, Fire Chief "c�_ Date: 12June2007 Re: Property Offer The CCVFD Board and myself have reviewed the appraisals that you provided for the property of 190 Jackson Avenue and adjacent vacant lots. Per your request, we are making an offer for sale of this property to the City. Our offer is $752,500.00, the average of the two appraisals. Should you need further information concerning this matter, please contact me. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org TUTTLE-ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC. RICHARD L. WAGNER, MAI, CCIM 115 EAST NEW HAVEN AVENUE MARK H. PARSONS, SRA ST. CERT. GEN. REA MELBOURNE, FLORIDA 32901 ST. CERT. RES. REA LICENSE #RZ 0000608 (321) 723-7010 FAX(321)723-4375 LICENSE #RD 0000754 EMAIL: taw@ t-a-w.com April 4, 2007 Mr. Bennett C. Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re:. A Self -Contained Appraisal Report on the 6,420 square foot Volunteer Fire Station located on the northwest corner of Poinsetta Avenue and Jackson Avenue with the address 190 Jackson Avenue in Cape Canaveral, Florida 32920 and the .286 acre parcel of vacant land located on the southwest corner of Poinsetta Avenue and Monroe Avenue in Cape Canaveral, Florida. Dear Mr. Boucher: Per your request, we personally inspected the above referenced subject property on March 28, 2007 in order to estimate the market value in the unencumbered fee simple ownership. The intended use of this appraisal is to provide information to assist in determining a purchase price for the subject property. The subject is described in further depth within the attached report. The report conveys data, analyses and value conclusions. It is prepared in accordance with guidelines established by the Uniform Standard of Professional Appraisal Practice (USPAP). This is a Self -Contained appraisal report. The subject consists of two independent parcels contiguous to one another. For the purpose of this report we have identified the subject property as: Parcel A: a 6,420 square foot Volunteer Fire Station located on the northwest corner of Poinsetta Avenue and Jackson Avenue with the address 190 Jackson Avenue in Cape Canaveral, Florida 32920 and Parcel B: a .286 acre parcel of vacant land located on the southwest corner of Poinsetta Avenue and Monroe Avenue in Cape Canaveral, Florida. This parcel has an existing 960± square foot wood frame building that was constructed in 1965. This building is in poor condition and is not considered to contribute value and would need to be razed, therefore this parcel will be valued "As Vacant". The cost of removal is estimated to be approximately $5,000, which will be deducted from the overall estimated market value for Parcel B to obtain the "As Is" value. Mr. Boucher April 4, 2007 Page Two We have estimated the "As Is" Market Value for the Volunteer Fire Station, as of the date of inspection, March 28, 2007, as a Value in Use, due to the special purpose nature of this property. We also provide our estimate of the .286 acre parcel, "As Vacant" as of the date of inspection, March 28, 2008 as follows: FEE SIMPLE MARKET VALUE - VALUE IN USE PARCEL A - VOLUNTEER FIRE STATION SEVEN HUNDRED TEN THOUSAND DOLLARS $710,000 $245,000 The above market value estimates are subject to the general and extraordinary limiting conditions and assumptions listed in the attached report. This report has been prepared for Mr. Boucher, the City Manager for the City of Cape Canaveral and is intended only for use by the City of Cape Canaveral. Parties who receive a copy of this report do not become a party to the appraiser -client relationship and do not become intended users of this report unless the parties were specifically identified as such at the time of the engagement for services. This appraisal is prepared in accordance with the appraisers' understanding of the guidelines established by the Uniform Standards of Professional Appraisal Practice(USPAP). We believe this report to be complete, but any questions you may have are welcomed. Respectfully, TUTTLE-ARMFIELD-WAGNER Sincerely, Ri�. ner, MAI, CCIM State -Certified General R.E. Appraiser #RZ0000608 EXECUTIVE SUMMARY AND CONCLUSIONS SUBJECT PROPERTY PURPOSE OF APPRAISAL PROPERTY RIGHTS APPRAISED PROPERTY OWNER EFFECTIVE DATE OF VALUE TAX PARCEL I.D. BUILDING DATA SITE AREA ZONING FLOOD ZONE HIGHEST AND BEST USE VALUE CONCLUSIONS: Parcel A "Value in Use" Parcel B — "As Vacant" The subject consists of two independent parcels contiguous to one another. For the purpose of this report we have identified the sub" ct property as:1 Parcel A: a 6,420 sf Volunteer Fire Station, located on the SW corner of Poinsetta Ave./Jackson Ave. and Parcel B: a.286 acre parcel of vacant land located on the NW corner of Poinsetta Ave./Monroe Ave. in Cape Canaveral, FI. Parcel A: Estimate the fee simple market value of the existing Volunteer Fire Station as a "Value in Use". Parcel B: Estimate the fee simple market value of the subjects' .286 acre parcel "As Vacant". Fee Simple Parcel A: Cape Canaveral Fire Department Inc. Parcel B: Cape Canaveral Volunteer Fire Department March 28, 2007 (Date of Inspection) Parcel A: 24 -37 -23 -CG -00025.0-0015.00 Parcel B: 24 -37 -23 -CG -00025.0-0007.00 Parcel A: consists of a 6,420 square foot volunteer fire station. Parcel A: .286 acres or 12,500 square feet located on the northwest corner of Poinsetta Avenue and Jackson Avenue. Parcel B: .286 acres or 12,500 square feet located on the southwest corner of Poinsetta Avenue and Monroe Avenue. "C-1" Low Density Commercial District Zone "X" FIRM Map 12009C0313E 04/03/1989 Parcel A: Continued use as a Volunteer Fire Station Parcel B: Low Density Commercial Use $710,000 $245,000 MEL Diversified Property Specialists, Inc. Real Estate Appraisers and Consultants 1705 South Washington Avenue, Titusville, FL 32780 Mr. Bennett Boucher City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 RE: Appraisal of the fire station property Located at 190 Jackson Avenue Cape Canaveral, Florida 32920 DPS File No. 07037 Dear Mr. Boucher: April 2, 2007 Pursuant to your request, we are submitting an appraisal of the above -referenced property. The purpose of this appraisal assignment was to estimate the current market value of the fee simple interest in the above - referenced property in Cape Canaveral, Florida. This appraisal is presented herein as a self-contained appraisal report. It complies with the 2006 Uniform Standards of Professional Appraisal Practice and contains all of the relevant data necessary for unfamiliar persons to gain a complete understanding of the property. The field notes and other relevant data pertaining to the property are retained in the appraiser's file and made part of this report by reference. Valuation is based on an exposure time of less than six months for commercial properties. Your attention is directed to the Summary of Salient Facts and Conclusions in the valuation sections for the value estimates. We appreciate the opportunity to perform this appraisal for you. If you or others should have any questions concerning it, please do not hesitate to contact us. Respectfully submitted, DIVERSIFIED PROPERTY SPECIALISTS, INC. Vernon R. Scott, Appraisal Associate State Registered Trainee Appraiser (RI 14080) 4e, C. Lee Lobban, MAI State Certified General Appraiser (RZ1844) (4.) SUMMARY OF SALIENT FACTS AND CONCLUSIONS Appraisers: Diversified Property Specialists, Inc. Vernon R. Scott C. Lee Lobban, MAI Client: City of Cape Canaveral — Bennett Boucher Property: Property in Brevard County, Florida located on the west side of Poinsetta Avenue, bounded on the north by Monroe Avenue and on the south by Jackson Avenue. The street address is 190 Jackson Avenue, City of Cape Canaveral, Florida 32920. Owner of Record: The Cape Canaveral Volunteer Fire Department, Inc.. Tax Parcels: 24 -37 -23 -CG -00025.0-0007.00 and 24 -37 -23 -CG -00025.0-0015.00 Interest Appraised: Fee Simple Special Assumptions: None Site Data: The site covers 25,000 square feet or 0.574 acres, all uplands. Improvement Data: A 6,354 square foot (including garage) fire department building, outbuildings and site improvements. Zoning and Land Use: C-1 Commercial Highest and Best Use: As vacant: Development for a low -exposure commercial use. As Improved: Conversion of the existing improvements for redevelopment to a low -exposure commercial use, utilizing a portion of the existing improvements. Exposure Time: Six months for properties like the subject. Date of Value: March 19, 2007 Date of Report: April 2, 2007 Opinion of Value: $550,000 11 Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Consideration Item 6 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL AMOUNT OF DESIGN 700 SURVEYS OF THE SOUTH CENTRAL DITCH IN THE DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the proposal for the design surveys of the south central ditch from Stottler, Staggand Associates in the amount of $14,700 as recommended by the stormwater administrator. Summary Explanation & Background: See attached memo for details. This is a budgeted item. I support the stormwater administrator's recommendation. Exhibits Attached: Memo dated 06-25-07; SSA's Proposal City Managp•'s Offic _1 Department PUBLIC WORKS/STORMWATER jc n ki currents\admin\council\meeting\2007\07-03-07\ditch.com To: Bennett Boucher — City Manager Walter Bandish — Acting Public Works Director From: Jeff Ratliff — Stormwater Administrator Date: June 25, 2007 Re: Agenda Item for July 3, 2007 Initial Surveying Funds — South Central Ditch Stormwater Improvement Project The City of Cape Canaveral (City) has received (1) a Section 319 Grant ($286,000) from the Florida Department of Environmental Protection (FDEP) and (2) a Stormwater Management Protect Cost - Sharing Grant ($115,000) from the St. Johns River Water Management District (SJRWMD) to fund stormwater improvements to the South Central Ditch. This portion of the Central Ditch is located from West Central Boulevard south to State Road AlA. Funds will also be provided from the City's Stormwater Utility ($94,000) - the total project budget is $495,000 and is scheduled for completion in FY2007-2008. The only project funds budgeted for FY2006-2007 are for initial surveying tasks. Stottler Stagg & Associates (SSA) has submitted a cost estimate for $14,700 to perform the initial Surveying tasks including the collection of horizontal elevation control, the preparation of drainageway crosssec and office support. The only existing survey data of the South Central Ditch was collected in 1987. Recommend the approval of funds ($14,700) to SSA for completion of initial surveying tasks for the South Central Ditch Stormwater Improvement Project. Mr. Jeff Ratcliff SSA Fee Proposal June 20, 2007 Design Surve s for South Central Ditch Pa e 2 Print costs, other than one (1) set of drawgwill and payment we beCity. due wwithin Fees (fifteen (15) ll be billed monthly based on a percentage of work completed days of receipt. Additional work authorized in writing by the CC { tsawrittennot authorizat on toup oc eed andwill proposal be will be deemed as additional services upon y billed at SSA's standard hourly rates ornegotiated pwill be bled wisum pr to th a fifteenrpercOut- of-pocket expenses for hourly work and additional printing (15%) mark-up. Compensation rates are based on o�di a n �o 'riate governing bodes having jurisdiction ovregulations and procedures in force on er execution date of this Agreement by t pp p the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred lim limited a maximum ofthe thecourse net fee rendering professional services on this pro received by SSA, not including rei bnecessary to obtain a thses and Ydspatrtytto collect oury services fees rendered on the project. Should it become for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, c sign s and legal representative to the other party to this Agreement and to the partners, and legal representatives of such other with tra transferrespect interestcovenants n this Agreemen t without Neither the City nor SSA shall assign, sublet or the written consent of the other. The terms and conditions of this proposal are effective through August 1, 2007. Acceptance after this date may necessitate increased fees or altered conditions. Jeff, your authorization of this proposal can be accomplished by the appropriate City signature below and our receipt of both a signed copy and a City Purchase Order. SSA is looking forward to working with the City on this project in Cape Canaveral. Sincerely, ACCEPTANCE: Stottler Stagg & Associates Architects, Engineers, Planners, Inc. ael't� BY: _ John A. Pekar, PE TITLE: Vice President DATE: JAP:jIs J:\CML\Projects\PR0P0SAL\C4 of Cape Canaverah2007 Proposals\p-jeff survey south central ditch.doc Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Resolution Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-17, ESTABLISHING THE CITY'S INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the adoption of Resolution No. 2007-17, establishing the City's intent to reimburse certain project costs incurred with the proceeds of future tax-exempt financing, as recommended by the city treasurer. Summary Explanation & Background: The City recently expended $1,825,000 of General Fund Reserves to purchase the Kabboord/harder properties. This resolution will allow the City to incorporate the land purchase costs as part of a future tax- exempt financing of developing this site. I recommend approval. Exhibits Attached: Resolution No. 2007-17 City Managers Offic -) I Department ADMINISTRATION/FINANCE s\admin\council\meeting\2007\07-03-07\2007- RESOLUTION NO. 2007-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING ITS INTENT TO REIMBURSE CERTAIN PROJECT COSTS INCURRED WITH PROCEEDS OF FUTURE TAX-EXEMPT FINANCING; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida (the "Issuer") has determined that the need exists to construct capital improvements consisting of land purchase, police station, fire station and city hall (collectively, the "Project'); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA THAT: SECTION 1. AUTHORITY. This Resolution (hereinafter called the "Resolution") is adopted pursuant to the provisions of the Florida Constitution, Chapter 166, Florida Statutes, and other applicable provisions of law. SECTION 2. DECLARATION OF INTENT. The Issuer hereby expresses its intention to be reimbursed from proceeds of a future tax-exempt financing for capital expenditures to be paid by the Issuer in connection with the construction of the Project. Pending reimbursement, the Issuer expects to use funds on deposit in its general funds and other funds legally available to pay a portion of the cost of the Project. It is not reasonably expected that the total amount of debt to be incurred by the Issuer to reimburse itself for expenditures paid with respect to the Project will exceed $7,000,000. This Resolution is intended to constitute a "declaration of official intent' within the meaning of Section 1.150-2 of the Income Tax Regulations. Meeting Type: Regular Meeting Date: 07-03-07 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROPOSED CHRONIC NUISANCE ORDINANCE DEPT/DIVISION: PUBLIC SAFETY/CODE ENFORCEMENT Requested Action: City Council review and comment on the proposed chronic nuisance ordinance as recommended by the Code Enforcement Board. Summary Explanation & Background: On June 25, 2007, the Code Enforcement Board, by unanimous vote, recommended the proposed chronic nuisance ordinance for City Council's consideration. Discussion item only. Exhibits Attached: Code Enforcement Board's memo; draft ordinance Cit Mana e'Office 'i Department PUBLIC SAFETY/CODE y `- , ENFORCEMENT nts\admin il\meeting\2007\07-03-07\nuisance.doc Heading Discussion Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROPOSED CHRONIC NUISANCE ORDINANCE DEPT/DIVISION: PUBLIC SAFETY/CODE ENFORCEMENT Requested Action: City Council review and comment on the proposed chronic nuisance ordinance as recommended by the Code Enforcement Board. Summary Explanation & Background: On June 25, 2007, the Code Enforcement Board, by unanimous vote, recommended the proposed chronic nuisance ordinance for City Council's consideration. Discussion item only. Exhibits Attached: Code Enforcement Board's memo; draft ordinance Cit Mana e'Office 'i Department PUBLIC SAFETY/CODE y `- , ENFORCEMENT nts\admin il\meeting\2007\07-03-07\nuisance.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary y Re: Recommendation to the City Council Regarding the Chronic Nuisance & Civil Citation Codes On June 25, 2007 The Code Enforcement Board reviewed the Chronic Nuisance Code and the Civil Citation Code. By unanimous vote, the Board recommended approval of the proposed Chronic Nuisance Ordinance. However, the Board postponed recommendation of the Civil Citation Code until the July meeting for further review. 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 Draft June 21, 2007 ORDINANCE NO. -2007 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI., OF THE CAPE CANAVERAL CODE OF ORDINANCES REGARDING CODE ENFORCEMENT; CREATING A NEW DIVISION REGARDING CHRONIC NUISANCE PROPERTIES; ESTABLISHING A REASONABLE NUMBER OF NUISANCE ACTIVITY CALLS PER PROPERTY IN ANY THIRTY (30) DAY PERIOD AND SETTING FORTH USER CHARGES FOR NUISANCE ACTIVITIES CALLS IN EXCESS OF THE REASONABLE NUMBER; AUTHORIZING A LIEN TO BE FILED FOR FAILURE OF PROPERTY OWNERS TO PAY USER CHARGES; PROVIDING FOR EXEMPTIONS AND APPEALS; 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, certain properties located within the City of Cape Canaveral, due to their appearance or condition or due to activities taking place at said properties, generate more than the average number of law enforcement and/or code enforcement calls in response to said appearance, condition or activities at said properties; and WHEREAS, excessive law enforcement and/or code enforcement calls to the same properties place an undue and inappropriate burden on the taxpayers of the City of Cape Canaveral and create chronic nuisances; and WHEREAS, the City Council desires to charge the owners of the properties at which these chronic nuisance activities repeatedly occur under the terms set forth in this ordinance; 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: City of Cape Canaveral Ordinance No. _-2007 Page 1 of 8 Draft June 21, 2007 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, 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 VI. CODE ENFORCEMENT DIVISION 3. CODE ENFORCEMENT CITATIONS DIVISION 4. CHRONIC NUISANCE PROPERTY Sec. 2-292. Purpose and intent. The purpose of this division is to discourage repeat law enforcement and/or code enforcement responses to the same properties in the Cit off Cape Canaveral. Properties causing an inordinate number of law enforcement and/or code enforcement responses to certain activities or conditions existing at said properties unduly and inappropriately burden the taxpayers of the City of Cape Canaveral As such it is the intent of the City Council to impose the financial burden resulting from the repeat law enforcement and/or code enforcement responses on the persons and/or property owners necessitating said responses. Sec. 2-293. Definitions. As used in this division the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: City of Cape Canaveral Ordinance No. _-2007 Page 2 of 8 Draft June 21, 2007 Citymeans the City of Cape Canaveral, Florida. QX manager means the city manager of the Cit of Canaveral or the city manager's designee. Consumption of law enforcement services means the presence of one or more certified law enforcement officer or code enforcement officer employed or retained by the city on a unit of real propertyin n response to an activity or condition existingor r alleged to be existing upon the property resulting from a response other than at the convenience of the law enforcement agency or the city code enforcement office. The presence may be caused by the request of any person upon the property or information developed by the law enforcement agency or the city code enforcement office from any source warranting a response to the property. Excluded from this definition are courtesy inspections criminal investigations of matters not arising from or connected with the property and paid off-duty details of law enforcement officers. Incident of service means each time one or more law enforcement officer or city code enforcement officer commences and completes a response to an identifiable unit of property as recorded in a written report of the law enforcement officer or code enforcement officer settingforth orth the time the officers were present upon the property. Responses caused by false reports of nuisance activity initiated by third parties with the intent of harassing the unit of property, or for criminal activity that commences elsewhere and subsequently comes upon a unit of property despite reasonable efforts of persons responsible for the unit of property to exclude it will not constitute an incident of service. Unit of realproperty means any contiguous lands within the city which are under common ownership or are devoted to a single use whichever is greater. Common ownership shall include all entities from which the same natural or fictitious person or people have ultimate benefit. Contiguous land shall include those separated by easements, sidewalks, alleys right-of-ways and water bodies. Monthly period means any consecutive 30 -day period. Nuisance activity means any activity, behavior or conduct whenever engaged in by property owners operators occupants or persons associated with a property that could be enforced by means of a proceeding before the city's code enforcement board, through nuisance abatement or relating to any actions or offenses relating to the following subject matter: M Firearms and weapons; False alarms; Harassment of a neighbor, disorderly conduct, or disturbing the peace; City of Cape Canaveral Ordinance No. _-2007 Page 3 of 8 Draft June 21, 2007 Battery, substantial battery or aggravated battery; Indecent exposure; (6) Keeping a place of prostitution, or otherwise using the property for the purpose of prostitution; Littering, solid waste or public health; Arson; Possession manufacture or delivery of a controlled or illegal substance or related offenses; (10) Gambling; (11) Animal or fowl; (12) Trespass to land or criminal trespass to a dwelling, (13 Production or creation of excessive noise or vibration, (14)_ Loitering; (15) Public drinking and other matters relating to alcoholic beverages, (16) Intoxicatin beverages-, everages-, (1) Unpermitted or illegal business; (18) Selling or giving away tobacco products to underage persons; (19) Illegal sale, discharge and use of fireworks; (20)_ Junk vehicles; 1 Z Action deemed a nuisance under state law; (22)_ Any action that is a violation of this Code which could be enforced by the provisions of this Code implementing the provisions of F.S. ch. 162; 22332 Act of aiding and abetting of the activities behaviors or conduct enumerated in this City of Cape Canaveral Ordinance No. _-2007 Page 4 of 8 Draft June 21, 2007 article; or 2244) Conspiracy to commit or attempt to commit any of the activities, behaviors or conduct enumerated in this article. Person associated with means any person who, whenever engaged in a nuisance activity, enters patronizes visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit, a property or person present on a property including, but not limited to, any officer, director, customer, agent, employee or independent contractor of a property owner. Sec. 2-294. Monthly allowance of services; user charges; service fees imposed. (a) The city council has determined that the following number of service calls is a reasonable and allowable number of nuisance activities calls for law enforcement and/or code enforcement personnel to respond to on a monthly basis: TABLE INSET: Tyne of Propert Single-family resident or duplex.......... Multi -family residences, including: Apartments; hotels; motels.......... Businesses.......... 30 -Day Period Allowance 3 calls 3 calls 3 calls bb) The city council has determined that nuisance activity calls in excess of the monthly allowance of nuisance activity calls as set forth in this division shall be subject to a reasonable user charge/service fee as set forth in this section. (c) No user fee shall be charged for the first three (3) calls for service pertaining to a nuisance activity in a 30 -day period. The fourth call for service pertaining to a nuisance activity in a 30 -day period shall result in a $250.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. (e) The fifth call for service pertaining to a nuisance activity in a 30 -day period, and every call thereafter within said 30 -day period, shall result in a $500.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. City of Cape Canaveral Ordinance No. _-2007 Page 5 of 8 Draft June 21, 2007 Sec. 2-295. Notification of the nuisance activity procedures. Whenever the city manager determines that more than the monthly allowed services for nuisance activities could occur or have occurred at a property during a 30-day_period, the city manager may the property owner and the person causing the nuisance activity, if the person causing the nuisance activities resides at the property and is not the owner, in writing, that the property is in danger of becoming or has became a chronic nuisance. This notice shall be deemed to be properly delivered if sent either by certified U.S. Mail, return receipt requested, to the property owner(s) last known address or if delivered in person to the property owner. If the property owner cannot be located the notice shall be deemed to be properly served on any person as may be permitted by F S ch 48. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified U.S. Mail, return receipt requested, to the last known address of the owner as identified by the records of the county property appraiser. Additionally, the notice may be perfected if posted or published in accordance with the provisions of F.S. § 162.12, or its successor provision. The notice shall contain: The street address or legal description sufficient for identification of the property which shall be sufficient if the tax parcel identification number assigned by the county property appraiser is used; A description of the nuisance activities that have occurred at the property statement indicating that a service fee will be or is being assessed against the owner of the property; A notice of the property owner(s) right to appeal pursuant to this division; A statement that the property owner shall within ten (10) days of the date of the notice respond to the city manager, either in person or writing, with a request for an appeal. Sec. 2-296. Filing of liens. The city may file a notice of lien in the public records of the county with regard to the costs of the cid incurred pursuant to this division Upon failure of the property owner to pay the costs incurred b the he city, after a demand for payment being made by the city, the lien may be recorded. Sec. 2-297. Exemptions. (a) A property owner may apply for and be exempt from assessment of the user charge/service fee assessed in this division and the provisions of sections 2-294-2-296 of this division by accomplishing the actions required in subsection (b)of this section. The following property owners shall be exempt from assessment of the user City of Cape Canaveral Ordinance No. _-2007 Page 6 of 8 Draft June 21, 2007 charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of this article upon approval by the city manager: Multifamily residences apartments, hotels, motels and businesses who employ off-duty law enforcement officers who provide for additional security for their property. UL Multifamily residences apartments hotels and motels which provide for a law enforcement officer to live on the property in order to provide for additional security for their property. Sec. 2-298. Appeals. Determinations of the city manager shall be final,• provided, however, that if the city adopts a hearing officer/special magistrate system an appeal may be filed with the hearing officer/special magistrate whose decision shall be final An appeal must be filed within ten G 0) calendar days from the date of the decision appealed. Sec. 2-299. Reports; administrative rules. (a) The city manager shall provide an annual report to the city council apprising the city council of the success of the programs set forth in this article and any matters relating thereto. The city manager is hereby authorized to promulgate administrative rules to implement the provisions of this article to include but not be limited to, the assessment of fees for applications and appeals as set forth in this article. Rules adopted by the city manager shall be provided to the city council upon adoption. 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 City of Cape Canaveral Ordinance No. _-2007 Page 7 of 8 Draft June 21, 2007 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 , 2007. ROCKY RANDELS, Mayor ATTEST: 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. = 2007 Page 8 of 8 Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Discussion Item 9 No. I would also recommend that the port and City planning staff start a dialogue to review and resolve any AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: IMPACTS OF THE PROPOSED RON JON WATER PARK AND RESORT AT PORT CANAVERAL DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Roberts requests that City Council draft a letter to the port commissioners outlining the City's concerns about the impacts of the proposed Ron Jon Water Park and Resort at Port Canaveral. Summary Explanation & Background: Some of the issues of concern are: traffic, water craft activities along the Banana River and Jetty Park, noise, compatibility to adjacent residential uses, and environmental impacts. I would also recommend that the port and City planning staff start a dialogue to review and resolve any potential impacts of this project. Please advise. Exhibits Attached: Florida Today article dated 06-28-07 City Man is Office Department LEGISLATIVE c -\k cuments\admin\council\meeting\2007\07-03-07\ronjon.doc Printer -friendly article page florMatoday#,com June 28, 2007 Port moves ahead with resort lease 2 lines BY SCOTT BLAKE FLORIDA TODAY Page 1 of 2 Port commissioners on Wednesday directed their staff to deliver a proposed lease agreement within two months to move ahead with a $200 million plan to build a Ron Jon water park and resort at Port Canaveral. The project, which could open in 2010, is expected to take tourism at Brevard County's seaport to a higher level. Ron Jon, and possibly partner The Cordish Co., a well-known Baltimore -based developer, would lease land from the Canaveral Port Authority. The site is at the west end of the port, off State Road 528, on the Banana River. Port commissioners selected Ron Jon for the project about a 11/2 years ago, but the two sides have not been able to reach an agreement. For a while, it seemed the project might fall through, but the two sides had a "breakthrough" in negotiations this week, port officials said. "I think these negotiations represent a real step forward for our port," Commissioner Joe Matheny said. "I had given up hope that we could reach an agreement with Ron Jon." A sticking point was whether the Port Authority would receive a percentage of revenue from the park, but now it looks like the authority would receive a flat fee from the lease. As it stands now, the lease would be for 50 years, with the Port Authority receiving 10 percent of the property's appraised value each year under the lease. A new appraisal of the property will be done, said Port Authority Chief Executive Officer Stan Payne. Another sticking point could be control of Jetty Park on the beach at the port Ron Jon would like to operate Jetty Park to complement its water park on the river, while keeping it a public facility, port officials said. Ron Jon may want to offer activities at the beach, such as surfing or windsurfing, Commissioner Chairman Tom Goodson said. Commissioner Ray Sharkey, however, said he has concerns that Ron Jon's involvement would limit public access at Jetty Park. Sharkey also expressed concerns about the Port Authority not collecting any rent on the proposed water park site since port officials selected Ron Jon for the project in late 2005. http://www.floridatoday.com/appslpbcs.dll/article?AID=/20070628/BUSINESS/70628032... 6/28/2007 Printer -friendly article page Page 2 of 2 Ron Jon President Ed Moriarty said negotiations with port officials have made "substantial progress," and an agreement could be reached within 60 days. The project's estimated cost, at this point, is in excess of $200 million, he said. The proposal -- so far about two years in the making -- still calls for a water park with a wave pool, a hotel possibly with 300 to 400 rooms, a Ron Jon store and possibly a bus system to Jetty Park, among other features, Moriarty said. However, a conference center no longer appears to be part of the proposal, port officials said. The Cordish Co. would be the project's developer, and Cordish may run the water park by itself or with Ron Jon, while a third party would run the hotel, Moriarty said. He indicated that future plans for the existing Ron Jon store in Cocoa Beach have not been finalized, but he said the store not continue to operate as a Ron Jon outlet once the park/resort at Port Canaveral opens. http://www.floridatoday.com/appslpbcs.dll/article?AID=/20070628/BUSINESS/70628032... 6/28/2007 Meeting Type: Regular Meeting Date: 07-03-07 AGENDA Heading Discussion Item 10 No. new building, allowing the sheriff's department to expand into the vacated council chambers and constructing AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CITY HALL COMPLEX DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Pro Tem Bob Hoog wanted to discuss the City Hall Complex options now that the City has purchased the Kabboord/Marder properties, and the ramifications of property tax reform on the City Hall Master Plan Concept. Summary Explanation & Background: Mayor Pro Tem Bob Hoog would like to discuss the possibility of moving the City Council Chambers to the new building, allowing the sheriff's department to expand into the vacated council chambers and constructing an addition to the existing city hall. The building official and I were evaluating the new building to relocate the building department to this site and that, in turn, would provide additional work areas for the remaining city hall staff. Please advise. Exhibits Attached: N/A City Manager's Office Department LEGISLATIVE im\ cuments\admin\council\meeting\2007\07-03-07\chcomplex.doc