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Packet 04-17-2007 Regular
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: Ly of Cape Canaveral L REGULAR MEETING HALL ANNEX Cape Canaveral, Florida TUESDAY mpril 17, 2007 7:00 PM AGENDA 1. City Council Regular Meeting Minutes of March 20, 2007. CONSIDERATIONS: 2. Motion to Approve: Appropriation of Funds for the Buchanan/ Orange Avenues Drainage Project. 3. Motion to Approve: Counter Offer on the Kabboord and Marder Properties. 4. Motion to Approve: Annual Audit for the Year Ending September 30, 2006. DISCUSSION: 5. Resort Dwelling Units. 6. Central Florida Regional Growth Vision. 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, Florida City Council Regular Meeting April 17, 2007 Page 2 7. Administrative Appeals Related to the Zoning Code of Ordinances. 8. North Atlantic Avenue Roadway Improvements. 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 Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 20, 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 Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official Stormwater Administrator PRESENTATIONS: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Jeff Ratliff Marguerita Engel of the St. John's River Water Management District to Present a Grant Check to the City in the Amount of $115,000. Mayor Randels called on Ms. Marguerita Engel to present a check from the St. John's River Water Management District to the City in the amount of $115,000 for the south portion of the Central Blvd. Ditch project. She presented the check to Mr. Jeff Ratliff, Stormwater Administrator and announced April as the 9"' Annual Water Conservation Month. Ms. Engel referred to an article in Florida Today and noted how water saving bathroom devices was the latest trend. She also quoted Francis King -Cross in a Newsweek article that requested policies prepare for a hotter, drier climate. Ms. Engel stressed the importance economically and environmentally of water conservation and efficient use of water inside and outside of the home. She presented a bucket and a spigot as visual aids for water use noting that carrying water in a bucket City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 2 was labor intensive; however, and the spigot led to excessive water use. Ms. Engel pointed out how people could conserve water through plumbing maintenance and proper watering techniques such as shorter shower times and watering lawns only two day per week. She asked all in attendance to view the St. John's web site at sjrwmd.com and stressed that Florida water was worth saving. Mr. Ratliff explained that the funding would be used for the south portion of the Central Blvd. Ditch project. He explained further how these funds would help to change the water quality flowing into the Banana River. Mayor Randels stated the total cost of $495,000 for the drainage ditch project. He said that Mr. Ratliff obtained $286,000 in grant funding from the Florida Department of Environmental Protection [DEP] and City residents would pay $94,000 through their $3 Stormwater Maintenance fee. Mayor Randels explained that the DEP would pay 58 percent of the project, and the St. John's River Water Management District would pay 23 percent, and City residents would pay 19 percent of the project cost. The project would cover from Central Blvd. to the United Space Alliance building. Mayor Randels commended Mr. Ratliff on his success in seeking grant funds. Mayor Randels also thanked Ms. Engel for her efforts through the St. John's in assisting the City to treat its stormwater. Mr. Ratliff informed that another project from St. John's was the upcoming Mangrove Project on Saturday, March 24t". Mr. Petsos informed that the project would begin at the Public Works facility at 9:00 A.M. with a picnic afterwards. Presentation to Council Member Shannon Roberts Institute of Elected Municipal Officials - Certificate of Completion Mayor Randels recognized that Council Member Shannon Roberts went to Gainesville, Florida from January 19 — 21, to attend the Institute of Elected Municipal Officials. Mayor Randels presented Ms. Roberts with her Certificate of Completion. Ms. Roberts thanked the City for her opportunity to attend and she stated that this was a wonderful opportunity to meet fellow elected officials throughout the state. Ms. Roberts explained how the attendees discussed issues of common concern such as finance, planning as well as issues from an ethical perspective. Ms. Roberts explained how municipal officials would continue their education upon returning to their respective cities to talk about new ideas, best practices and lessons learned. In closing, Ms. Roberts encouraged elected municipal officials to attend the Institute and she again thanked the City and the Council for her opportunity to attend. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 6, 2007. 2. Resolution No. 2007-06; Appointing an Alternate Member of the Business and Cultural Development Board, Lt. Hugh Evans. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 3 3. Outdoor Entertainment Permit for the American Legion Picnic; Joe Locicero, Applicant. 4. Proclamation Recognizing the Month of April as National Fair Housing Month. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda Items for discussion. No request was made to remove any item for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 5. Motion to Approve: Request for Reduction of Lien — Per City Code Section 2- 260(e) for Pravin & Jyostna Patel, 8050 N. Atlantic Avenue. Mayor Randels explained that the violation in discussion occurred due to window signs that blocked the visibility in the store front and impeded safety and law enforcement intervention during sales transactions. Mayor Randels stated that the Board Order was imposed on May 17, 2001. Mayor Randels read from the Code Enforcement minutes that required Mr. Pravin Patel to remove the signage in order not to obstruct more than 25 percent of the window visibility. Mr. Pravin Patel was ordered to notify the Board of compliance and if he failed to comply by June 26, 2001, there would be a fine of $50 for the first day of non-compliance and $25 per day thereafter. Mayor Randels stated that the City's provision in Cale Section 2-260 required that the Lien Holder provide for a Satisfaction or Request a Reduction Lien. Mayor Randels stated that the Code Enforcement Board reviewed the six criteria: 1) the gravity of the violation, 2) the time that it took the violator to come into compliance, 3) the accrued amount of the Code Enforcement Fine or Lien, 4) any previous or subsequent Code violation, 5) any financial hardship, or 6) mitigating circumstances. Mayor Randels stated the Council's three options as: 1) to approve the request, 2) to approve with conditions, or 3) to deny the request. Mayor Randels stated that the case began in the year 2001 and also he stated that Mr. Patel signed for the Notice of Violation. Mayor Randels said that a considerable amount was owed by way of fine. Mayor Randels clarified that the tenant informed the property owner of the violation and the Mayor then re -stated the Council's three options. Mr. Nicholas asked for clarification that the amount of the lien was $75,070 and he asked the Chair if the Petitioner was seeking a full reduction. Mayor Randels informed that the Code City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 4 Enforcement Board recommended a reduction of the Lien to $21,000 plus legal fees and the amount of foreclosure; however, their Petitioner's legal counsel offered to pay $5,000. Mayor Pro Tem Hoog requested to know the total of the City's Attorney fees and costs. Attorney Garganese stated $4,300 in fees and costs. Mayor Pro Tem Hoog asked if that included the Board's time. Attorney Garganese replied that it did not. Todd Morley, Building Official, informed of how the Board arrived at the $21,000 amount; however, the Board recalculated the amount to include to the Attorney's fees and costs for a total of $25,300. Mr. Nicholas stated that it had been the City's position over the years not to use the Code Enforcement Board as a fund raising source but to correct violations. Mr. Nicholas stated that what was galling about the violation was that it continued over a five- year period. Mayor Randels recounted the number of times that the Petitioner was sought to correct the violation. Mayor Randels stated that the violation was a safety issue, not an aesthetic issue. Mr. Nicholas stated how this Code was not indiscriminately adopted, but established to protect both the public and law enforcement personnel. Attorney Garganese stated that the Council should hear from the Applicant. Attorney Andrew W. Menyhart stated that he was the representative for the property owner, Mr. Pravin Patel. He explained that Mr. Patel, the tenant, was not the owner of the property. Mayor Randels interjected that Mr. Patel, the tenant, signed the Notice of Violation as a part owner of the business. Attorney Menyhart stated that the City's current Code Enforcement Officer planned to provide certified copies of the previously delivered notices to ascertain if the property owner was notified. Attorney Menyhart explained that the tenant told the property owner many times that the violation was resolved. Attorney Menyhart expressed that the property owner contention came about due to an accrued fine in 2004, not the property foreclosure suit that came to his attention in 2007. Attorney Menyhart stated in summary that the Petitioner was seeking a fine of no more than $10,000. Attorney Menyhart said that it appeared that the property owner, Mr. Patel, was present at one of the Code Enforcement meetings. Attorney Menyhart related that the property owner sought to resolve the situation immediately and there was no blatant disregard on his part to rectify the violation. He stated that without the proper documentation the matter becomes no more than a verbal accusation between two parties. Mayor Randels reviewed that the last notice of service was June 14, 2005, and he noted how something as simple as removing the signs was ignored. Attorney Menyhart replied that the question remained; however, without all of the documentation, the matter was left to a verbal exchange between two parties. Mayor Randels stated that he did not see any attempt at willing compliance until the City proceeded to foreclosure. Mr. Morley informed that Ms. Alexander did offer to search the archived records to find the Certified Return Receipts for the original Notice of Violation. Mayor Randels referred to some of the Notices of Violation back to the year 2001. Mayor Randels informed that in August 6, 2001, Mr. Patel sent a letter to the City stating that he was aware of the circumstances. Attorney Menyhart responded that the communication breakdown was the one mitigating factor and he added that there was no egregious action toward the City on his client's part. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 5 He asked for the Council to take that into consideration. He stated further that his client was willing to pay the fines of several thousand dollars. Mayor Randels stated that the $10,000 was inadequate for the amount of the accrued expenses. Attorney Menyhart replied that the Board recommended amount seemed high by his calculation. Mayor Randels sought the Council's consensus. Attorney Menyhart reminded that his clients were in the litigation process and in the Council's recommendation his clients would have the option to resolve the issue or to continue in the litigation. Therefore, he and his clients were seeking the City's best offer at this time. Mayor Randels sought a response from the City Attorney. Attorney Garganese explained that the Code Enforcement Board authorized the foreclosure action and the foreclosure action was then filed. The Applicant has come to the Council with an Application seeking a reduction in the current Lien on a longstanding violation. If the Council agreed with the reduction and the Lien was Satisfied, then the current foreclosure action was eliminated. Attorney Garganese explained further that the City could recover the full amount of the Lien if it was believed that the City acted with due diligence. However, if the City proceeded and it was found that the City did not act with complete due diligence, then there was a level of risk exposure to the City in collecting nothing, or part of the Lien, along with Attorney's Fees from the Applicant as well as its own legal counsel expenses. Attorney Garganese explained that the property owner believed that the tenant would resolve the violation; however, the tenant did not and the violation and subsequent lien continued. Mayor Randels read from the Code Enforcement Board Minutes of February 22, 2007, that the property owner testified, "the tenant notified him of the sign violation in 2001." Mayor Randels concluded that he had no sympathy for the property owner due to lack of action. He stated that he saw no circumstances that would cause him to believe that the property owner did not know what was asked of him. Mayor Randels sought a second to his motion to Refuse the Release of the Lien. Mayor Pro Tem Hoog informed that he was present during the Code Enforcement Board meetings. He stated that this began prior to 2001, perhaps in November or December of the year 2000. Mayor Pro Tem Hoog stated that he personally felt strongly about the safety issue that was related from Law Enforcement. Mayor Pro Tem Hoog stated that the City sought compliance, not the money; however, the cost for the staff time involved was valuable. He stated that he would concur with the Council for some form of action but also stated that the City was not seeking money but compliance. Mr. Petsos stated that he too followed the violation and the violation related to the safety of the employees as well as that of Law Enforcement. He said that he was not in favor of the full $75,000 but he was in favor of the Board's recommendation for the $25,30. Ms. Roberts reminded that this was the second case that the Council heard since she became a member. She expressed her concern for the lack of compliance on behalf of the community when something posed a threat to customers, employees, and law enforcement personnel. Ms. Roberts stated that she stated that she understood the Mayor and the Council's compromise approach to allow a business owner to stay in business; however, we also needed to relate the City's message that this was serious. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 6 Attorney Menyhart referred to Mr. Nicholas' statement in the motion that staff reviewed the time expended on this case and now the legal fees were established; however, his client was willing to pay $15,000. Attorney Garganese asked Attorney Menyhart if he had placed on the table some assurances that the City would be authorized to remove the paper from the window in order to provide adequate protection in the interest of the tenants, the customers and law enforcement. Attorney Menyhart replied that his clients could give further assurances and also to stipulate what fine would be entered should the violation occur again and therefore a judgment would already be entered. Ms. Roberts asked for clarification if what the City Attorney had advised by way of stipulation could be inserted into the main motion. Attorney Garganese stated his point that in order to expedite compliance in the event that the violation re -occurs that the City has a written understanding. Mr. Boucher reminded that such an action was done with the Miliken case. Mayor Randels clarified the main motion and an amended motion of an amount of $25,300. Ms. Roberts stated that she did not agree and said that the City was substantially decreasing the original Lien and she found that generous on the City's behalf considering the length of time for resolution. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to amend the Main Motion to Take the Recommendation of the Code Enforcement Board and to Reduce the Amount of the Lien to $25,300, which includes Attorney's Fees and Costs. The vote on the motion carried " with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr, Petsos, For; Mayor Randels, For and Ms. Roberts, For. Mayor Randels clarified that any Stipulations would be added to the main motion. Attorney Garganese explained that the City could draft language to assure that action could be taken to remedy any future violation. He concurred with the City Manager that such an action was done in the Miliken case. Attorney Garganese asked the Council to keep in mind that if the Applicant agreed to the $25,300; under the Code, once the Council made a decision regarding the Reduction, then the Applicant had 30 days in which to accept it. If not, then the City would proceed to the foreclosure proceeding. Attorney Garganese concluded that the Council could make the further assurances through an amendment to the main motion. Attorney Garganese replied to Mr. Nicholas that any future violations would give the City consent to allow visibility. Council members disagreed with the City removing the paper from the window in any future violation. Attorney Garganese replied to Mayor Randels that the City could not re -impose an old fine. Attorney Garganese suggested the monetary amount of $100 per day, which the Code Enforcement Board imposed, on the amended Order. Discussion concluded that this was the existing fine. Mayor Randels explained that the Council was attempting to find a viable way to resolve any future violations. Ms. Roberts asked if in the event that the violation occurred again, could the Council seek foreclosure action. Attorney Garganese replied that if there were City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 7 another Lien that was imposed and unpaid, then the City could institute a foreclosure action. Ms. Roberts asked if there were a threshold dollar amount, so if it began again the City could seek foreclosure. Attorney Garganese replied that the remedy was three months from the date of the recorded Lien if the City followed the procedure in Chapter 162, Code Enforcement Board Procedure. Ms. Roberts stated that if it happened again, the Council's patience might not be as tolerant, and immediate action would be taken. Attorney Garganese advised that if the Applicant violated again, then the City would prosecute a new Code Enforcement case as a repeat violator with a higher fine of up to $500 per day. Attorney Garganese concluded to allow the Code Enforcement Board to handle it. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog for a Request for Reduction of Lien for Pravin & Jyostna Patel at 8050 N. Atlantic Avenue, in the Amount $25,300 as a Settlement for Satisfaction and Release of the Code Enforcement Lien as Recommended by the Code Enforcement Board to include Attorney's Fees and Costs. 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. 6. Motion to Approve: Change Order Number (1) for the Public Works Maintenance Building in the Amount of $27,929. Ed Gardulski, Public Works Director, informed that he requested a second opinion from Miller, Legg and Associates and they concurred with a waffle slab foundation. Mr. Petsos stated that his initial question was not answered on why Brown and Caldwell, Inc. did not take soil samples prior to submitting the bid documents. Mr. Gardulski responded that the soil sampling was part of the bid documents that the Design Builders was responsible for taking soil samples. Ms. Roberts asked if they would take responsibility for the change order. Mr. Gardulski explained that the bid recipient had the option to take the soil samples to confirm if the original slab was sufficient. Mayor Randels stated that this would indicate that the City was agreeing to pay for the soil samples according to the bid documents. Mr. Gardulski responded to Mr. Nicholas that Brown and Caldwell prepared the bid documents. Mayor Pro Tem Hoog expressed his disfavor with a Change Order prior to beginning construction and he also questioned the difference in cost especially when there were other buildings on the land. He re -stated his disfavor with the change order and said that the City should not have to pay, nor should the contractor. Mayor Pro Tem Hoog stated that the change order expense was the responsibility of the engineers. Mr. Gardulski informed that the building was a design build and soil sampling was part of the bid documents for the contractor. Mr. Gardulski explained how the result of the soil sample required the change to the foundation. Mayor Randels then questioned the clarity of the bid document language and he queried if the engineer who developed the bid document performed to the City's expectations. Mayor Randels concluded that any contractor building six -feet from the water would want soil samples. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 8 Mr. Boucher recommended that if the Council chose to take action against Brown and Caldwell, Inc., the City Attorney's office could proceed; however, the project needed to continue and a waffle slab was needed according to two engineers. Mr. Boucher explained that in his understanding Brown and Caldwell specified a floating slab; however, before construction could occur, the bid recipient had to take soil samples to verify soil conditions. Butler Construction did the soil samples, verified them, and said then that they could not begin construction as specked by Brown and Caldwell. Mr. Petsos stated that Brown and Caldwell made a recommendation on a slab without a soil sample. Mr. Gardulski responded that if the soil samples were performed before the bid documents were published, the design builder might not want to rely on those samples, but would want to perform their own testing. Ms. Roberts referred to the letter from John Butler and said that there was additional overhead that the City would not have had if Brown and Caldwell had done the soil samples. Ms. Roberts expressed concern about the amount, the process, and the end result and she said that she did not think the City should accept the amount until the City gained clarity from Brown and Caldwell on how this transpired. She stated that she would prefer to see a cost sharing with Brown and Caldwell. Mr. Boucher stated that the City would hold the project up for Butler Construction over Brown and Caldwell's error in the bid documents. Mr. Boucher stated further that the dry season was at hand and the materials were ready. He said that the City could call Brown and Caldwell to task and maybe have them cost share some of the charges. Mr. Boucher replied to Ms. Roberts that the other bidders were significantly higher. Mayor Randels clarified that even if another bidder was the award recipient, the soil samples were still required. Mr. Petsos stated that Ms. Roberts' comments were to the point and if there were any recoverable costs from Brown and Caldwell, then they should be directed to pay those costs. Council members agreed that Brown and Caldwell should address this situation. Mr. Bob Baugher, General Manager of the Radisson Resort stated that a waffle slab was in fact a floating slab only of thicker proportion. He stated and Mayor Pro Tem Hoog agreed that the waffle slab was a labor-intensive installation. Mayor Pro Tem Hoog stated that there were 66 yards of extra concrete in the slab over the original slab. Mr. Gardulski replied that he could not find another engineer that could approve the change order. Council members agreed to accept the First Change Order for the Public Works Maintenance Building and for Brown and Caldwell to answer to its necessity. Ms. Roberts expressed her concern that it appeared that a waffle slab was the same as a floating slab; however, City was charged. She expressed to see a cost sharing with Brown and Caldwell and she expressed that the City was underrepresented in the proposal. Ms. Roberts stated that the City should recoup some of its costs. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Change Order Number One for the Public Works Maintenance Building in the Amount of $27,929. The vote on the motion carried 5-0 with voting as follows: City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 9 Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 7. Motion to Approve: Perlas Del Mar Easement Vacation. Mayor Randels explained how Cevesco Properties gave the City easements throughout the City for vacant land. He noted that the City was attempting to vacate the easements on which some buildings exist. Mayor Randels informed that the Planning and Zoning Board recommended the Easement Vacation on March 1e. Mr. Nicholas stated that construction occurred on the City's easement. Mayor Randels referred to a letter dated February 2005 from Allen Engineering that the City would vacate the easement. Mayor Randels stated that they should have been vacated before the City approved the building plan and made note for Staff to add easements to the site development checklist. Mayor Randels directed the Staff to Record the Easements. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to Approve the Perlas Del Mar Easement Vacation. 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. RESOLUTIONS: 8. Motion to Adopt: Resolution No. 2007-08; Approving the Preliminary Replat of Beach Breeze Townhomes. Mayor Randels explained that these townhomes were located at 8323 Ridgewood Avenue across from Cherie Down Park and Ms. Stacie Shoemaker desired to re -plat the lot into two lots. Ms. Shoemaker explained that her desire was merely to re -plat the lot and the indication of townhome construction was a misnomer. She stated that the Planning and Zoning Board approved the request on January 24th. Mayor Randels informed that the lot, zoned in R-2, had a maximum potential of nine units. Ms. Shoemaker concluded that with a re -plat the maximum potential would be a total of four, with her single family residence on one side and three units on the other, which was under the construction limit. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2007-08. The vote on the nation 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. 9. Motion to Adopt: Resolution No. 2007-09; Supporting Florida House Bill 57 and Florida Senate Bill 444, the Clean Ocean Act. Mayor Randels explained that under this Act all vessels that routinely carry or were certified to carry more than 100 passengers for periods of more than two hours to register with the State of Florida Department of Environmental Protection and require Ports to establish and collect fees. Mr. Petsos provided history on the Bill saying that both the City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 10 House and Senate Environmental Committees would hear it on the following day. Mr. Petsos informed that he had the privilege of authoring the Bill and informed that Cocoa Beach had already adopted it. Mr. Petsos encouraged the Bill's support by Council and the audience and also encouraged them to call their State Legislators. Mayor Randels explained that Mr. Petsos was influential in initiating the Bill. In conclusion Mayor Randels summarized, the vessels would pay for the pump out facility services and waste would not get dumped within the three-mile limit. Mr. Petsos affirmed that this Bill would affect the State. Mayor Randels thanked Mr. Petsos on the Bill's benefit to Florida's coast. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Adopt Resolution No. 2007-09, Supporting Florida House Bill 57 and Florida Senate Bill 444; the Clean Ocean Act. 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. 10. Motion to Adopt: Resolution No. 2007-10; Endorsing the Acquisition and Protection of the Carver Cove Property as a Riverfront Park and Community Center. Mayor Randels explained that the Resolution endorsed the Acquisition and Protection of the Carver Cove Property and directed staff to work with the Trust for Public Land [TPL] and the Florida Communities Trust [FCT]. Mayor Randels explained that TPL would purchase the land in their Trust Fund and the City would apply for the grant for the 4.2 - acre property west of State Road Al A and south of Wachovia Bank. Mayor Randels informed that the owner contacted the City regarding the purchase. The land would be used for a community center and recreation facilities. Mayor Randels explained that if the City could fund 50 percent of the cost, then there was an opportunity to secure more points toward securing the grant. Mr. Boucher explained how the TPL outlined in their letter that only 24 out of 110 grant applications were funded and only 3 of those 24 did not provide a match. Mr. Boucher stated that funding without a match was all but obsolete. Mayor Randels informed he had worked on securing the property since 2004. Mr. Boucher replied to Mr. Osborne that his questions regarding historical and archeological aspects, tree identification and environmental concerns would be answered during the application process. Mayor Randels concluded that the TPL was available to assist the City with the grant process and encouraged the City to match the funding in order to gain points. The application was due on May 9"' with feedback in early September. Mayor Randels explained that the TPL would take the lead in preparing the application and would look to the City for help with exhibits and identification. The TPL desired to know that if they purchase the property, would the City be willing to negotiate 25, or up to 50 percent match in order to gain the extra points. Mayor Randels informed that the likelihood of funding was early August when the Florida Communities Trust staff provides the Preliminary Report. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 11 Mr. Boucher clarified that Mr. Bob Guido, of the TPL, was in favor of the City seeking the grant funding; however, if the property was removed from the market, the City would need to seek grant funding in the subsequent year if the grant were not obtained during this funding year. Mr. Petsos questioned the City Manager on his planned source to secure the match funding. Mr. Boucher replied that the City would either use Reserves or secure a Note. Ms. Roberts stated that she imagined that this was part of the City's main design for acquiring green space. She expressed her appreciation for Mr. Petsos's question on the sources of funding. Ms. Roberts brought out the point of the City acquiring property on a larger scale this coming year. Mr. Nicholas commented that when the City sought property in the past purchases were limited. Mayor Randels informed that the property was 172 feet north/south along the road and 800 -feet east/West. Mayor Pro Tem Hoog questioned this project in light of the facilities planning for City Hall and the Sheriffs facility acquisition. Ms. Roberts stated that the point to keep in mind was that historically the City has been conservative paying incrementally and has benefited to some extent. However, this was an opportunity to secure property before any further development. Mayor Pro Tem Hoog expressed his concern and sought the Council's certainty on the purchase in light of other property acquisitions. Mayor Randels expressed that he envisioned an opportunity for a Community Center or Recreation Complex at the location and perhaps the Sheriffs Department could move into the existing Recreation building. He informed that the Florida Inland Navigation would install a canoe launch and the County Commission was receptive to discussing a Community Center in that location. Mr. Nicholas agreed that the potential exists and he suggested combining acquisition funds into one package. Mr. Nicholas commended the City for its conservative financial approach and said that the City was in good financial standing in the community to acquire a bond issue or a loan. Mayor Pro Tem Hoog concluded with a final caution on paying for the proposed projects in light of the plateau in the construction market. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Adopt Resolution No. 2007-09, Endorsing the Acquisition and Protection of the Carver Cove Property as a Riverfront Park and Community Center. 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. 11. Motion to Adopt: Resolution No. 2007-11; Approving the Preliminary Replat of Caribbean Vistas Townhomes. Mayor Randels noted the location as 8002 Poinsetta and Madison Avenue. He explained the proposal to re -plat the property into four lots. Mayor Pro Tem Hoog asked why the verbiage was different on the dedication of easement between this and the previous re - platting for Beach Breeze. Attorney Garganese replied that there was no specific language with regard to re -plat documents. A third party prepared these documents. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 12 Mr. Daniel Coons replied to Mr. Osborne that the house was built in 1957. Ms. Roberts made note for the Council to consider a photograph prior to destroying the original building in order to document the City's history. She said that her request did not need to become part of the motion. Mr. Ray Osborne replied to Mayor Randels that he could take the photo. Ms. Roberts said that this discussion point was an opportunity to focus on the City's history. Mayor Randels added the thought of taking a photo before building demolition. Mr. Morley informed that he would be glad to place any photo in the City's file as part of the construction record. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2007-11, Approving the Preliminary Replat of Caribbean Vistas Townhomes. The vote on the motion carried "with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 12. Purchase of a Fiberglass Manatee for Our Sister City of Vila Do Bispo, Portugal. Mayor Randels explained that this item was to purchase a Fiberglass Manatee for Cape Canaveral's Sister City of Vila Do Bispo at a cost of $2,130 and he questioned if anyone has asked Vila Do Bispo if they desired to receive the manatee. Mr. Nicholas replied that the Sister City representatives from Vila Do Bispo received Cape Canaveral's Mayor and his guests well and they also named a park in Vila Do Bispo after Cape Canaveral. Mr. Nicholas noted that the idea of a manatee was initiated because of the days of early exploration and the Portuguese mariners. In light of this, the Beautification Board came up with that suggestion; however, the Board felt that the City did not think the manatee was a preferable gift and a City seal was suggested gift. Mr. Nicholas summarized that the Beautification Board would like some resolution on a gift. Ms. Judy Hale, Beautification Board Chairperson agreed with Mr. Nicholas. Mayor Randels affirmed that a street was dedicated in the City's honor in a photographed ceremony and he informed that the City has a photo CD of the visit. Mr. Nicholas requested to view the photos. Mayor Randels suggested an olive tree for landscaping purposes. Mr. Boucher noted that asking them would remove the element of surprise for the recipient. Mr. Boucher then informed that the City had $700 in donations that would reduce the cost. Mayor Pro Tem Hoog inquired about the cost to send the manatee. Mr. Nicholas related that at one point Ms. Cathy Hardy, former Beautification Board Secretary, had obtained the shipping cost. Mayor Pro Tem Hoog reminded that the City should obtain the actual cost. Ms. Roberts stated that the Beautification Board had discussed a bronze seal, a manatee and also something space related such as a small shuttle, or rocket replica. She stated that perhaps the Council could discuss two or three options, including the shipping and make a decision based on total costs. Mayor Randels replied to Mr. Hart' Pearson City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 13 that Vila do Bispo was in the Algarve southern coast of Portugal. Mr. Nicholas inquired about the Portuguese gentlemen a businessman in Merritt Island. Mr. Boucher informed that his name is Carlos Caldas. Ms. Roberts stated that there was also a woman at the Space Center who was also active in working with the Portuguese delegation. Ms. Roberts asked if the Council planned to review the suggestions and come up with three options; however the only suggestion she has heard was the manatee. Mr. Boucher recommended showing the photo CD at the next Beautification Board meeting in order for the Board to get some ideas. Ms. Hale related on staffs difficulty in acquiring a space shuttle for the City Hall lawn and she did not see a shuttle as a viable gift. Mr. Ray Osborne inquired about the history of the Sister City program with Vila do Bispo. Mr. Boucher concluded that the information could be found on the Sister Cities International web site. Discussion concluded that the photo CD would be shown at the next Beautification Board meeting. 13. Resort Dwelling Units. Mr. Boucher explained that at the last workshop meeting Council desired to review two options. Mr. Boucher asked the City Planner to prepare a map of the number of non - homestead versus homestead parcels in order for the Council to gain a visual perspective. Mr. Peetz informed that Property Appraiser's Office provided the information. Ms. Roberts asked how Mr. Peetz had determined which units in a multi -family building were predominately homestead properties. Mr. Peetz replied that if the Property Appraiser used a larger condominium, then they were not coded as homestead property. Mr. Peetz replied to Ms. Roberts that the City Manager gave the directive to focus on the single- family, duplexes, tri-plexes and quad units. Ms. Roberts expressed her concern over Mr. PeetZs depiction in that it did not appear to be a realistic portrayal of the number of homestead owners in the City. Mr. Peetz affirmed that the parcels are consistent with units when speaking of a single-family unit, but for a duplex, triplex or quad he would think of them as single family in the R-1 zoning. He informed that since the single-family houses were sharing parcels, the Property Appraiser actually coded those as multi -family. Mr. Peetz reiterated that the information came from the Property Appraiser's Office and he re -stated that the City Manager's directive was to focus on single-family, duplexes, tri-plexes and quad units. Ms. Roberts said that she raised the question because Resort Condominiums were added during the workshop and she expressed concern that what the map depicted shed a different light on the discussion. Mr. Boucher clarified that the map was not being used to highlight that point. Mr. Peetz explained to the audience that the hash -marked pattern properties were homesteaded. Mr. Peetz explained further that yellow indicated single-family; orange, which were few, indicated duplexes; blue indicated triplexes, dark blue indicated quads- plexes and red indicated five units or more. Mr. Peetz responded to a question from the audience that the indication marked existing uses as of July 2005 from the Property Appraiser's Office. Mr. Peetz replied to an audience question that purple indicated commercial, non-residential, and industrial land and green indicated parks. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 14 Mr. Peetz informed that the ratio was three to one for homestead single-family property over single family, non -homestead property. He also informed that for duplexes the percentage was 60 percent homestead to 40 percent non -homestead. Mr. Peetz stated that there were only four homestead triplexes and 16, non -homestead triplexes. He also stated that there were five homestead quads and 32 non -homestead quads. Mr. Peetz concluded that there were many multi -family and multi family residential that were listed as homestead and non -homestead. However, as Ms. Roberts mentioned, there were probably many units being omitted because there was no indication of homestead property in the Solana Lakes and Solana Shores area. Mr. Peetz pointed out purple [lavender] was predominately the C-1 corridor. He informed that C-1 residential properties such as Ocean Gardens and Oak Lane were C-1 zoned with homestead property. Mr. Peetz stated that there was no C-1 zoning along the ocean or the Banana River. Mr. Peetz indicated the C-2 zoning pointing out Solana -on -the -River and the IAP building. Mr. Boucher explained that the purpose of the map was to indicate the quad-plexes to single-family in order to gain a perspective of where the parcels were located and to note the area of impact due to regulations. Mr. Peetz replied to an audience question that the Property Appraiser's Office data for multi -family that was not predominately homesteaded was not indicated. If the City wanted to make condo lots part of this study, he would need to look at each parcel and check for homestead identification of each unit. Mayor Randels clarified that the City's research was based on a focus on four -units or less since the City had no authority to regulate five units or more. Ms. Roberts stated that the resort condominium language in one of the draft ordinances was confusing. Attorney Garganese replied that the language was inserted for illustrative purposes and could be removed. He stated that the previous Workshop brought out that resort dwellings were not being treated the same as resort condominiums and if the Council wanted to treat them the same, one of the draft ordinances was an example of how that language would appear. Attorney Garganese explained that there was a definition of Resort Condominiums, a subcategory of Public Lodging Establishments in Chapter 509 that has a similar regulation which states, "if you rent a condominium unit more than three times in a calendar year for less than 30 days you are considered a Resort Condominium and you must meet all the provision licensing requirements under Chapter 509." Attorney Garganese re -stated that if the Council chose to treat resort condominiums and resort dwellings the same this was how the ordinance would appear. Mr. Petsos stated his preference to return to discussion of four units or less. Ms. Roberts said when the Council begins to look at the whole of the City in relation to rental property then the discussion becomes confusing. Attorney Garganese responded that the Council could discuss resort dwellings separately from resort condominiums. Ms. Roberts expressed that some of the community would like for the Council to address the whole City; however, she recommended addressing the whole City at the Visioning Session. Attorney Garganese responded with his opinion that the State did not pre-empt the City's zoning authority to decide where these types of uses would be located. The State, however, did pre-empt the City's rights on Public Lodging Establishments with respect to City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 15 licensing requirements. Attorney Garganese summarized that the ordinance related to zoning and the City had the right to make that decision. Todd Morley, Building Official, explained that under the Building Code; an R-1 use meant a transient residential use, R-2 use was a permanent residential for more than 30 days and multi family, R-3 use was permanent residential more than 30 days and one or two family, and R-4 use was residential care, assisted living facilities; however, the last use was outside of the scope of discussion. Mr. Morley explained further under the Building Code that if a change of use was required then a permit was required from the Building Official, with inspections and a final Certificate of Occupancy for the new use. Mr. Morley explained how any new applicant, or any one desiring to change since the Code was adopted as of 2005, was required to proceed through the Florida Building Code. Certain specks were required at this point such as: corridors, ratings of corridors, self- closing doors, fire alarms, and fire sprinkler requirements. The permit application would proceed to the Fire Department for review with the NFPA fire code and the property would require sprinklers and fire alarm systems. Mr. Morley and Mr. Boucher clarified that the language use of the structure, identified a transient use that was a change of occupancy classification. Mr. Morley read from the Florida Building Code: The permanent nature of the R-3 use permanent residence lent itself to safety, whereas with the R-1 transient use the property requires a more stringent level of safety. Mr. Morley reminded that an occupancy classification change in use from R-3 to R-1 required a permit, which subsequently required review and prompted the need for fire sprinklers, alarms, egress, and inspections from both the Fire and Building Departments, final inspections, and a Certificate of Occupancy to use that use lawfully. Mayor Randels replied that historically the manner in which an area was zoned was dictated its use. Mayor Randels questioned if permission for use was required if he rented out the property. Mr. Morley stated that if a State License was issued then the approval should be requisite from the State before issuing the business license. Mayor Randels pointed out for clarification that the occupational license was not in fact authorization for the new use. Mr. Morley affirmed that a business tax receipt was not authorization for use. Mr. Morley stated that the City's ordinance also reads, "if you change the use of a structure, then you must get permit inspections and a new Certificate of Occupancy for the new use." Mr. Morley replied that if there were structures that appeared to be used as R-1; however, Certificates for Occupancy were issued for R-3, then a Code Enforcement violation existed. Mr. Hart' Pearson, Planning and Zoning Board Member, asked what time period related to transient to which Mr. Morley replied less than 30 days. Mayor Randels asked if the same application would apply to a resort condominium as to a resort dwelling. Mr. Morley affirmed that it would. Mayor Randels concluded that it appeared that the City was treating all applicants the same. Mr. Morley stated that at this point the City would need to develop parking standards, for example, one space per room such as applies to the hotel -motel industry. Mr. Nicholas asked if Mr. Morley meant one space per rental unit. Mr. Morley answered that for hotel -motel service City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 16 the Code provision related to one space per guest room. He stated that there was no provision for residential transient dwelling units and this would require further discussion. Ms. Roberts clarified that the key was less than 30 days. Mr. Morley informed that the Florida Building Code used a less than 30 -day limit to define transient. Mayor Randels clarified that rental for less than 30 days for three times per year was defined under the Florida Building Code as a transient use. Mr. Morley clarified that of all four residential categories R-1 was the only transient classification; if you choose to become an R-1 use, a change was required through a permit, with subsequent inspections, and a Certificate of Occupancy for an R-1 use. Mr. Morley replied to Mayor Randels that existing properties would need a transient R-1 use Certificate of Occupancy. Mr. Morley replied to Mr. Pearson that he could not address what the State requires; however, the Florida Building Code refers to the Florida Fire Prevention Code that requires sprinklers and alarms. Mr. Bjomar Hermansen informed that the permit he received from the State was practically the same with the exception of parking and trash removal that were local issues. Mr. Morley stated that American with Disabilities Act [ADA] requirements were also a criteria. Mr. Dunn asked if the ADA would require elevators in two-story buildings. Mr. Morley affirmed. Mr. Baugher asked if the change of use was concurrent with the Certificate of Occupancy. Mr. Morley affirmed and he stated that if there was evidence of a change of use in violation of the issued CO, then there were grounds for Code Enforcement proceeding. A question was raised on seeking the Certificate of Occupancy information if the residence was built prior to the City's incorporation. Mr. Morley replied that he did not have records predating the City's incorporation. Mr. Boucher replied that such information could be found with the County. A question was raised on the number of times for rental. Mr. Morley replied that the time factor in the Florida Building Code established less than 30 days as the identification of transient use. Mr. Boucher reported that he met with the Fire Chief and his Assistant, and the Building Official to discuss regulations for use. Discussion proceeded to the newer three-story, town homes of 4,600 square feet to include an elevator. Mr. Boucher informed that the occupancy load was 150 -square feet per person that would allow for 30 people in the unit. Mr. Boucher stated that the key was the maximum occupancy load. Ms. Roberts stated that such places as the Ron Jon's Cape Caribe Resort time-share have met those requirements versus a change of use for residences that would have a difficult time meeting the requirement. Attorney Garganese stated that the Council was working with the issue of whether or not to treat R-1, R-2, and R-3 the same as those structures used predominately for short term leasing. He stated further that from the Building and Fire Code standpoint these were considered a different classification and subject to different building and fire code regulations. Attorney Garganese explained that when you look at the North American Industry Classification System that identifies all particular types of commercial uses and provides an industry classification, one of the uses was Lessors of residential buildings and dwellings. It was considered a sub -industry for real estate and rental and leasing, City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 17 additional evidence that these transient rental type establishments were a different classification. Attorney Garganese concluded that the Council would need to make that decision. Mayor Randels asked the Council if they desired to continue the meeting past the 10:00 P.M. hour to perhaps 10:30 P.M. Council agreed by consensus to continue the meeting to 10:30 P.M. Mr. Bob Baugher stated that for a change of use, there must be an identification of zoning. Mr. Morley prefaced the Building Code related to Residential Group R in that, "Residential Group R includes among other the use of a building or structure thereof for sleeping purposes when not classified as an Institutional Group I," and the Building Code proceeds to list the four. He stated that Mr. Baugher's hotel was a Group R and the houses and transient residential were also Group R. Mr. Morley clarified that the Building Code classifies hotels as residential; however the City's zoning code classes hotels a permanent use in the commercial district. Attorney Garganese stated that any industry classification would make a hotel a commercial use in terms of a zoning perspective. Attorney Garganese explained that the industry classification that he mentioned to the Council described establishments primarily engaged acting as Lessors of buildings used as residents or dwelling, such as single- family homes. Attorney Garganese explained further that if you were leasing a single- family home as a transient rental, that home would be included as a commercial use for statistical purposes. Ms. Roberts added public safety purposes as the reason. Mr. Oliver of Country Inns and Suites informed that when he approached the City to build a hotel the requirements were: in commercial zoning, development of 150 units, and on at least 5 acres. Mr. Oliver stated in light of meeting the requirements to build a hotel at great expense, he viewed it unfair to the hotel industry to treat residences differently if they were operating in the commercial environment. Mayor Randels informed that the City was not aware that a change of use occurred. Mr. Hermansen informed that under the codes in the City of Cocoa Beach, the building code coincides between zoning and use. He stated that many of the people who operated as transient rental property could find themselves out of compliance with Federal and State regulations for life/safety issues. Mr. Hermansen believed that City management had the right to enforce those rules as these rental property licensees might think that the City has given them authorization to conduct business. Ms. Joyce Barry of 504 Tyler Avenue reported on a nearby townhome rental. She questioned use of a property if the deed was identified as a residence. Mr. Morley stated that one had the right to obtain a change of use and a deed was a private restriction that was not recognized by the Florida Building Code. Attorney Garganese stated that in terms of the City being informed that the property has become a transient rental would lead to evidence, and then the situation would become a Code Enforcement matter. City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 18 Mr. John Grandlich of Cape Caribe Resorts requested clarity on the Council's direction and if the Council was still seeking to regulate resort dwellings of four units or less. Mr. Petsos replied that he was still seeking to not allow resort dwellings in areas of four -units or less. Mr. Grandlich referred to the two documents Option One and Option Two drafted March 15, 2007. The Council replied that one of the documents was relative. Mr. Grandlich referred to the Option One Ordinance and noted the definition for resort condominiums on Pages 6 and 9, assuming that time-shares were included; it stated that density shall not exceed 15 dwelling units per acre, and currently the zoning for hotels was 30 units per acres. Mr. Grandlich asked if the Council planned to change zoning. Attorney Garganese clarified that the Council was not seeking to discuss resort condominiums at this time. The Council would review Option One without reference to resort condominiums. Ms. Roberts added that at the previous workshop the Council discussed permitted use in the C-1 zone only. Mr. Boucher explained that there were two issues: 1) where would the Council want those types of uses, and 2) the existing residential units licensed by the State required a use classification change. Ms. Roberts stated that to permit the use would change the residential zoning. Mayor Randels said that the Council was recently informed that the existing units were not properly classified for their use. Mr. Petsos clarified that Council's discussion was to consider transient residential dwellings in C-1 zoning, to allow grandfathering of the existing units, and to set a timeframe for any one who chose to comply with the standard. Mr. Boucher stated that for any grandfathered property even though they have a State license, they would need to demonstrate compliance with the local permitting authority that they met the criteria for a change of use prior to grandfathering them in. Ms. Roberts expressed the danger of grandfathering these properties in with the potential of unidentified safety related issues. Mr. Hermansen stated that the City was permitting something that was against Federal and State regulations. He suggested separating the commercial use and if any owner decided to seek a commercial operation then they should apply for a change use to the extent that they meet the same code as the commercial area. Attorney Garganese reminded that the State of Florida licensed seven of these resorts dwellings in the City without any intergovernmental cooperation or coordination with the City. Attorney Garganese questioned what would be done with these non -conforming dwellings that have not complied with fire safety regulations, would they be grandfathered in or eliminated. He pointed out that they could be given a period of time to come into compliance even though they were in the residential area. They could get licensed by the State but also apply to the City for a change of use and then submit to the fire and building code inspections within a certain period of time, or they would be eliminated. Ms. Alana Whitehead reported that her property was State inspected; however, the State - licensing agent informed her that she was supposed to get a fire inspection; however since the City would refuse to do it, the State did not require one from the City. Mr. Boucher concluded that communication between the State and the City has been the problem. Mr. Morley recommended to hear from Fire Chief Dave Sargeant. Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2007 Page 19 recommended re -drafting Option No. 1 based on what was heard at tonight's meeting leaving the window of time blank and allowing the use in C-1 zoning. Ms. Roberts expressed her concern with the interim of time until for these dwellings meet the standard. Mr. Boucher replied that the Fire Chief would address each dwelling on a case-by-case basis and he would discontinue use until it was found in compliance. Attorney Garganese clarified that his statement was not made to say that the City would not take enforcement and inspection action now; however, there were issues that would be administratively handled The Fire Chief would speak to the opportunity for conformance. Mr. Boucher stated that the properties could be inspected within the next three weeks if the property owners were amenable. Mayor Randels concluded that there were seven identified dwellings that staff would address. 14. Administrative Appeals related to the Zoning Code of Ordinances. This item will be placed on the next City Council Regular Meeting Agenda. REPORTS: Due to the late hour, there were no reports. AUDIENCE TO BE HEARD: There were no comments from the audience. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 04-17-07 AGENDA Heading Consideration Item 2 No. See attached memo. The city treasurer has verified that stormwater utility funds are available. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROPRIATION FOR THE BUCHANAN/ORANGE AVENUES DRAINAGE PROJECT DEPT/DIVISION: PUBLIC WORKS/STORMWATER UTILITY Requested Action: City Council consider the appropriation of $74,900 from the Stormwater Utility Fund to fund the Buchanan/Orange Avenues drainage improvements as requested by the stormwater administrator. Total project cost is $174,900 and $100,000 is funded by a Brevard County Community Development Block Grant. Summary Explanation & Background: See attached memo. The city treasurer has verified that stormwater utility funds are available. I recommend approval. Exhibits Attached: Stormwater memo City Mana 's Office Department PUBLIC WORKS/STORMWATER UTILITY ca n kim\my ocumen admin\c \meeting\2007\04-17-07\drainage C.. To: Bennett Boucher — City Manager T*MOL. Ed Gardulski — Public Works Director From: Jeff Ratliff— Stormwater Administrator Date: April 6, 2007 Re: Agenda Item for April 17, 2007 Funds for Buchanan/Orange Avenues Drainage Project The purpose of the Buchanan/Ormge Avenues Drainage Project is to lessen flooding in the Center Street Drainage Basin — particularly at the intersection of Orange and Lincoln Avenues. Funding for the project was sought from two sources: Federal Emergency Management Agency (FEMA) through the Hazardous Mitigation Grant Program (HMGP); and • Community Development Block Grant (CDBG) through Brevard County. The City was awarded a CDBG in 2006 in the amount of $100,000 — FEMA is still reviewing the City's funding request ($143,000) through the HMGP. The CDBG through Brevard County must be spent by the end of July 2007 or the funds will be forfeited. FEMA continues to review the City's project — if approved, the construction funds from FEMA would not be available until 2008 (or later). In addition, projects funded through FEMA cannot be initiated prior to FEMA approval (i.e., funds will not be reimbursed by FEMA for work completed). As required by the CDBG, the County bid the project (twice — due to high bids) and has accepted the low bid from CMA, Inc., in the amount of $174,900. The County wishes to proceed with the project as soon as possible. Therefore, the City currently has two options to consider: Option No. 1: Accept the CDBG ($100,000) and contribute the remaining $74,900 in project costs from the Stormwater Utility — the FEMA grant application will be withdrawn (no funds will be received from FEMA). Option No. 2: Forfeit the CDBG and wait on possible approval of the FEMA grant ($143,000). If the project is accepted by FEMA and the funds awarded, the City would be required to contribute the additional funds (minimum of $31,900). Staff recommends acceptance of Option No. 1 since FEMA funds are not guaranteed. The additional required City funds are available from System Maintenance — 4610 in the amount of $74,900. Recommend the approval of Brevard County's Community Development Block Grant bid award and funding the remainder of the project in the amount of $74,900. APR -10-07 TUE 08:46 AM -- FAX N0. P. 02 BR EVAR C . BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST March 30, 2007 Mr. Jeff Ratliff City of Cape Canaveral Public Works Department 601 Thurm Blvd. Cape Canaveral, Florida 32920 Re: Orange Avenue Stormwater Improvements Dear Mr. Ratliff: Please find attached the "Bid/Quote/Proposal Tabulation Sheet" Orange Avenue Project. There were two bids submitted, with the low bid being $174,900, by Construction Management Associates, In accordance with the Memorandum of Understanding between the City of Cape Canaveral and Brevard County, the City is responsible for all costs exceeding $100,000 from the lowest qualified bidder. In order to proceed with the project in a timely manner and expend the funds within the Florida Department of Community Affairs timeframe, the City's cooperation in delivering the remaining funds is paramount. If you have any questions or need additional information we would be most appreciative if you would let me know. I can be reached at (321) 633-2076. Your help in expediting this phase of our project is appreciated. Thanking YouInAdvance, Jason t_. Becker, Planner Housing & Human Services R APR -10-07 TUE 08;46 AM- - FAX N0. P. 03 ANA } m W O O aZ O tQ O . m c mE C }O uj � I- toe on. ` E LL ra d m 3 E M CV p N � � !+7 c O W >0 co a �m� L � � Oma it O O 1Z� 7 m w~ w p C ad Q a w �) o, o a° o O OClW H 'O�d O a a 0 a 3 Meeting Type: Regular Meeting Date: 04-17-07 AGENDA Heading Consideration Item 3 No. The average of the two appraisal reports is less than the asking price. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COUNTER OFFER ON THE KABBOORD AND MARDER PROPERTIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the counter offer of $1,920,000 for the Kabboord and Marder properties. Summary Explanation & Background: Two appraisals were obtained on each of the properties and are available for council members to review. Pursuant to Florida Statutes, these reports are to remain confidential until negotiations are complete. The original offer by Kabboord properties for both properties is $2,000,000; the counter offer is $1,920,000. The average of the two appraisal reports is less than the asking price. Property Description: Kabboord - 102 Polk Avenue; 0.716 acres; 31,204 sf; 20 parking spaces; building size -1,744 sf; built in 1976; zoned C-1. Marder - located on S/E corner of SR AIA and Tyler Avenue; 0.430 acres; 18,715 sf; site is vacant; zoned C-1. Requested action: City Council review and consider the counter offer. Exhibits Attached: Kabboord letter; Survey (hand-out) City Mana Department LEGISLATIVE - im\my ocu admin\cou ting\2007\04-17-07\kabboord doc ZffA 800R® Properties, Inc. JOHN J. KABBOORD, SR. Chairman DAVID W. KABBOORD President Real Estate Broker Contractor April 2, 2007 Bennett Boucher 105 Polk Ave. P.O. Box 326 Cape Canaveral, FL 32920 Re: 102 Polk Ave.; corner of AIA & Tyler Ave. Dear Mr. Boucher, MARK D. KABBOORD Sr. Vice President, Real Estate Broker, Contractor and Corporate Pilot WILLIAM J. KABBOORD Sr. Vice President Real Estate Associate N. C. Operations JOHN J. KABBOORD, JR. Attorney, General Counsel Thank you for your recent offer of $1,500,000 on the two combined properties, but I must decline the offer. I will make you a final counter offer. I offer to sell both properties for $1,920,000. This breaks down as the following: Tract #1 102 Polk Ave. (Animal Clinic) Lots #9, 10, 11, 12 Price $1,000,000 Tract #2 Corner of AIA & Tyler Lots #1, 2, 3 Price $820,000 (see enclosed contract) 3201 North Atlantic Avenue, Cocoa Beach, Florida 32931 • (321) 783-1234 • Toll Free 1-866-208-1234 • FAX (321) 783-1288 North Carolina Operations • 828-293-7474 • Fax 828-293-5075 Tract #3 Lot on Tyler, behind Tract #2 Lot #4 Price $100,000 Total Price $1,920,000 The city should realize this is a city block of AIA frontage in the heart of downtown Cape Canaveral. I understand this is higher than the appraisal value. But I am sure you understand that when a property adjacent to yours comes available to buy you must look at more than the purchase price of the property. You need to ask does it help achieve the future plans for the city and what additional cost savings will be achieved by consolidation all city services into on area of city buildings. Again I encourage the city fathers to realize this great opportunity. Thank you, 103 lb/ ebb f 1d � ub fbVJ�1�'�'�til •3 '�1.5�145�'(k�b5 W'.. l- Trs..I..; . .. ' .,. ' .. .. 2, l.SALE AND and agree to set 5' Address: �j Lsgal Descrlo a - `a• 1FF cn the ter -n5 and below Atte aZ including all improvemartts and the fo!!Wng additionai propsriy: 14 -- described a• described 1s PRICE AND FINANCING 06' 2. PURCHASE PRICE: 8S� payable by Buyer In U.S, funds as follrnNs: 2C 22' 34' zs IVU. (K)4 VK)rJG Mwerl De xsit mawad (alecks aren=Nw��n _by fo'Esc Agent"i (b) S. Additional deocst to be dehemed to Escrcryv Agert by . or—days `-ar F- "t Date ti d2j- q 1—ft >o �£ k). Total fhancing (see, Paragraph 3 belcna?I (expr�Gs as a ck4lar arnoxrt or we? AwTts ,) td Other, Baianre to close (not including Buyer's closing casts, prepaid -toms and pnxatticns). All funds �iq at ddsing must be pakJ by locally drawn cashe 's check. official &eck or Wred ilmds, 3 (t) (cor+vp!ete only if psrctfa e- price wi!! be determined basad On e r*,- un cost instead of a fixed price) The unit used to determine the purdase p^ce is ❑ 1010 sore Zk square TOO! 0 other �spectty: prorating areas of less than a full unit. The purchase brise vfiii be $ per unit based on a calculation of tots! area of the Property s& ceytifed to Buyer and Seller by a Fieride-licensed surveyor in accordance with Paragraph B(c) of tl'lis comract. T -,e ror,o`t ng rights of way aw other areas will be exciuded from the Calculation_ zr 3, CASHIRNANCING: fCheck as applicab;a)(a) Buyer Wirt pay cash for the Pmper,,y with no financiN oontingency. as, 3 (b) This Contract is contngerrt or? Buys aqualifynq and obtawng ttte cornmftmem,,$) or 2pproval(5) speclfied below (the 6+ =Financing';! min des Fffect'iue Dsta (f sett Dfmr a then Cloin9 Date or 30 T1s from CPtect!,*–v Date, vvhOle'✓e, w o=rs first) ff-e "Fiviancirtg Pivbd" , Bwer'M!l apply for Fmencing w -tin days from Effertbe Date (5 days if left blank) and will timely pro%Ade any and all on-&, ernploy ent, firmicial and cdh information rewired by the lender: tf Buyer, after =7 using dikg� and good faith, canner obtain the Finwcli?g within the Financing Pei , rittt� party may !�rrce! this Cot ctract a6 ard Buyees doposk(s) v ll be ; etu:rQd sifter Escrow Agant reoeiMss proper a1•tthorizatpxt from all irterasted parties. 3 (t) Now Financing: 8±ryer wail secure a co-nmitmant for new third party inancing for $ or 95 of the pumhase ;arice at 1re preualltng ;nteresr rate and loan costs based on Eluyers credltworthineas. buyer 41 w0l keep Sellar and Broker '!Uf w informed of the loan appilcatsan status end progress and authorizes the lender or 1xrr�ortgage broker to ,lscfa-e all s c. ' nfbrr,�8tlon to Setter and Broker. A:r u (2) Seller Fnandng: Biuyer w'il exacute a 1 first -:1 second purch2se money note and mortgage to Sailer in the amount of `g , beenng annwi interest at °t, and payable as follows: w aft The rnortgac . note, and try secur%t agrgerriert Vi! be in a fora acoeptabla to Seiler and w1i 104ow forms gener* cr accepted in the courtly littera the Pro!aaT} is located: un'1 Drovide for a iate eayrneni fee and acceleration at the ie o errs option if Suytir Maurts: wl'(l give Buyer ibe rf�M 10 pre;�y >,YMol i penalty ail or part Of the principal at any as t o(ith interest oniy to date of ;;ayrrerft: vAll be due on cotwgyance or. sale; whi provide for release of, wtiguoou/uss� `� Buyer r �} ano Seiler &I U a�Q> a receipt of a oc y crf this page, v�id1 is Page 1 of 7 Rages• l�f JF,O-2 Fier, I OAA 0 20- rZa ids Fsa^cia�o^. C+r P.e :•*�aSs AR RtS1rr8 F; x�eo "°° CJJlO� e_vju I 1G • 1i0 f oulG_U 01 7P 71 JG 14JC (0bJ IVIJ. I rd4 LFVUJ aor:,licabla., ane moi! raq;I ,ra Soyer tc keep habil y insu ani on the PrOD-_rT/, with Seiler as additional named s2 insured. Buyer authorizes Seller to obtain credit, empioyrnem and wider necessary inforrn%loln tQ determine mine for the f oandng. Seller yA, ,AMtri 10 days trorr, Effartve Date, give Buyer written notio° cf wheiher or not SellerwiO maketho ican. Q (3) Mortgage Assurnrtiorr Buyer wig take title sub)eet to and aswme and pay existN first rriortgage to sr LN# _ in The approximate amount of S currently peya ole at s� per r:'�anth incijding principal, inte-=si, �a taxes and insurance and having a 0 fixed 0 other sa (dosonbe) s^r interest rata cK r> vtrhich a wail D vrll not escalate upon as umption. sk7y variance in the mortgage will be .e, adiusted in the balonpe due at closing with no adjustrmerrt to purchase price. Buyer wlii purchase Seller's escrow ez account dollar for dd lar, If the k ndor dis3p v,_,s Buyer, or the •intens+ rats upon transfer exceeds ?/o or the W, assurnpilorVtransfer fee exceeds S , sinner parte may al -z ? to pay tha excass, failing which TNs M agreemisnt %Arlll tarrrinate nd flyer=s d+epost(s) will be returned. _65 CLOSING as 4.,>,✓, 0SIN DATE; QCC!{P�kNCY Tnis Contract,01 oa closed 2nd the deed and possession delivered on or .before 'unless extended by other prov�s)ons of this Contract. If on Glo5ing Date insurance es andenr� ng is SUsp2nded, Bayer tray ;osteone closing up ko 5 days a`tAr the it:sura-rc� suspension qfl ff ihls `e9 transaction does not close tc;r any reason, Buyer wiii immediately return a',! Seller -provided title evidence, surveys, 70 association documents and othetr?lems. CLOSMIG PROCEDUFIE; Cb -,M. Closing W11 taxa piaca iri the county Wnere tfte Ptppesiy is loci and may tDe conducted n by marl or eke -,tonic means. )f #ie irmranoe insures Baler for Ma CIeW-,:% arising t�atm)en the ttt!e binder of Wive cWe and rs recording of Boyar§ deed, closing agent W! disburse at dosing tine rust sale prrx is to Seller (in bcal cashier's checks if SdIer 76 requests In vetting at least 5 days pi.or to c!osing) acid bmkwawq feee to 66Qt es per Paragraph 1 T. In addt{on to other expenses ;rs ppt ied h ft Contract, Seiler fu►d Buyarwill pay the costs ,indcated blow. �6 (a) 6e1(er Costs: Seller 4viii Flay takes on the deed and re ;or, -Jing few itn- docurnerds needed to cure title: title avldence (K applicable under Paragraph i3): Other: 78 (b) Buyer Costs: l3uyer wh Ray tuxes and recording fees on notes and mortgages and recording fees on the deed and financing statementG; loan exDensaS: igniters 1q)e policy sit the sir l0aneous issue ate; inspections; survey and e� sketch; insurance; Other= �l (c),Tole Evidence and 1nsuftnos. Check (14 or (2): e2• 1) The title Bence vr4ii be a Paragraph 8(a)(1) ovmar's title insurame cormm'ment.XSelier 0 Buyer wili select ST th'a title agem. seller ``i Buyer :nnT pay for fie owner's tit.'e po;;cy, search, examinatlon and relawoo cna gas. Ea& .e4 party will pay fns atm doSflg fees. a� ❑ (2) Seller ,mill provide ern abstract as specked in Paragraph 8(a)(2) as title avldence. a Seller C)1 Buyer will pay for sR the owners title policy and gf~!ect the t;t!e agent. Seller %Vii My fees for title seerchias prior to closing, including tax seam and i!en watch feces, anc ouyer ,Mil pay fees for 11(a sea:Shes after closing Gf any), Title examination fries ane es dosing tees, as (d) Pnorations. Toa following items will De rmade current and pro-eed as o; tie clay before Closing Date: Mai estate taxes. 00 interest, bonds, assessments. !ea's2s ;and crther Pro,_e-__eexpenses and reverwxe-, ff tmes and assessments for the current 91 year carvwt be dets(mir'*d, ;tie previ ywls rates wU be used with adjustment for any exemptions. PROPEF(T'l TAX P2 DISCLOSURE SUMMARY. -BUYER SHOULD t4OT RELY ON THE SEWER`S CURREN7 PROPER7Y TAXES AS THE AMOUNT OF PROPERTY "AXES T f-4AT BUYER MAY SE OBi,IGATED TO PAY 1N T HE YEAR SUBSEQUENT TO 54 PURCHASE. A GRANGE OF OWNERSH)P OR PROPUTTY IMPROVEMENTS > RIGGERS REASSESSMENTS OF THE a PROPERTY THAT COULD RESULT W HIGHZR PAOPEMY TAXES. IP YOU HAVE ANY QUES71ONS CONCEPNING to VALUATION, CONTACT THE 00UNIY PROPER i Y APPRAiSEKS OFR,-,£ FOg FUR ,HER I NFORs %TION a7 (e) Special Assessment by Publle Body: Regaml)ng special assessments imposed by a public body.. Se[W will pay (i) the full arnount of liens that are cz�effsd, co.4, frrmeo and ratified before clasirQ and Oil the amo! m., of the last estimate of �e the assessment ;f an ImproVamrent is substant.-ally completed as of Effe&Ke Date but has not resulted in a lien before atm closing, and Buyer M!i pay a!l other amqunts. to,M Tax Wfthelding: FP Seller is a'foreign person' as defined by FtRPTA.> Section 14,45 of ttie Irdornai Revenue Code IC2 requires Buyer to withhold n6i% of tMA_ arnotxrt reaiize by ft Seller on the tran.Srer and rernO the withheld amount to the }w Internal Revenue Service {IRS' unless ail a)SmpTbn applies, The primary exerrptions are ;11; Seller provides Buyer with an iO4 afrdai'il thw Seller is not a 'At 'reign person'°. (2) 'seller prrldes Buyer with a V1rl'�ld!ng C4&-tl urate l),Widing for reduced or fps eiirrim�ec! withholdng, or {3j z- .a grass sales price is X0,DW or lass, Buyer is an incl ridtral ,> purChaS the Property to ,os use as et reeidence, and Bvytr ar a member cel Bvyer's family has definite piarts to rends at the Property for at least 50% of for tate nx bar of days the Property is in use during each of the first two 12 -cath pro ds atter transfer. The IRS requires Buyer foe and NWr to have a U,S. reb'a-a! taxpayer ;d7 t7on rxnnber fi"11N').:Buyer and Sadler agree to execute and deliver e,5 ,cn including 2ppiyinq y iC�strun�errt. atfidsurt or staterrsnt roasc:nao!y no�ssary 10 combly with RRPTA raQ�iramerhs M �o foin 3 clays f om E'° ti fe fla%s and callus Iris their raepective i7N or Som' Se urtty rn tubera to #)eCiasirlg Agent. BayC�) and Sallee ( l" ^r acknow!adge eceipt of A copy of this page, whidi is Psge 2 of 7 Pages. ' VAG8V, ®2(??1 Fbrtd� Brise �tt7l� t a` res? cti RSgtr s n i l Ijbi16/2007 12:46 7602009961 -� 913214527865 N0,702 P004 1 ;2 it selier appliss for e w.i iOoidrQ ceriiket6 but the apo' -kation is sriri pend?hg ea d cbsing, 5uyer tiviii puce The 10% rex in ,.3 esGraw at Sellers ecperrse to be dsttj!sed in accordance with tha *r.1 determineion of the iRS, p.0mCigd Se1!er so reg1j,-,sts. 114 and gyres Buyer notice of th°a pending apptication in accodance witth Section ? 445. tt Buyer does not pay sr Ocw, cash at :1115 obaing to mest the withholding requirem~nt. Seller will delWar t'0 Buyer at dosing the additiona' cash maty to satisfy the A Ale r eWrB+rr8 . Buyer WR tirr cfisbuyse the fiends to the iRS and proves Sefler with oop'es of ti`s tax tyrns arxf receipts . 117 (g; 10 1 Exchm VW, 0 etther'Selfer or Stayer wisl- S to enter 'into a Ike4jrd s<ctharrae (either sirnutta�oirsly with ciosng or 116 after) und•,.r Section 1031 of tree Internal Revenue Code (Fxcl;lange7, tk e paler parttj Will cooperate in all reasonable , sspects 110 to effectuate the Exchange ink aiding axealtlrtg docufrwit% provided, hrnvNei�er, tief the coope-sting patty will incur no liab@Ity 120 or cost related to the EkchanE)e and the doano ahWi not be ^^ =Agent upm, extended or decayed by the Exchange. 121 PROPERTY CONDITION ;122 6, LAND USE: Seller w1l dellvar tho Propwly tr, Fuger at the tune agreed In tts present "as &I cordlt;on, with conditions 1z9 resulting from Buyer's irraoec:tions end casualty damage, If any, excepted. Seiler %viii maintain the landscaping and 124 grounds n a comparatil coo,,Vrian .and M.1 rnt engage n or parr, A any activity that would materially alter the Properf}is ,125 condition wlttlout the BuYer's prior written consent. ,,s (a) Flood Zow, Buyer Is adkAsed to ,jerny by survey, wth t"1ei^vridP�r and vAth appropriate government agencies which 12T flood zone the Property is in, whs?. her flood insurance ;s required and what reisl0ct!ons apply to irnpraring the Property and 128 rebuilding in the event of .^.as41y. 129 (b) Govemment Regulation: Buyer is acMsed that changes cn goverr;rent regulations and levels of serrice which izn affect Buyer's intended els-? of the Property viii ; rot be grounds 'lor cance!'ng nis Contract it tins Feasibi;ity Study 13r Period has exQlrred or if Buyer has checked choice fc)(2) below. 1� (C f spectio= (check (1) c"(2) bev>v; ilw- All) Feasibitlty BhactY i3uyar will, at Buyer% expense and within days frorn EffsctrvQ Date ("Feasibility Study nrr P rWl, determine MEfther the Property is suitable, in Buyer's sole and abso!r�s digcvion, for 13S. use. During the FeaSoilfty SUly Pena.), Saler may conduct a Phase I environmental .1-1s agsessrront and any otht>r tests, .anair-es, surveys and investlgatlons ('Inspec'rionsl that Buyer deems neoeesery to :13T determine to Bayer's satisfaction ft P�-oparty's engineemq, arcmeMry and errvtronrrlerrtai prapertles; -zoning and °1as zoning restrictions; subcrivision statutes; soil and grade; aiailabilty of access to pubic roads, water, and other 129 utilit!2 ; consistency with bacai, state and regional ,gra)rr;h manaagerneoM plant ; availsl✓iltry oAgermits, 9 mmerrt 140 approvals, and liceraes; sand uther inspections that Buyer deems appropriate to determine the Proaerty's suitability '141 for the Buyers intended. usss. # the Property must be razoned. Buyer veil obtain the rczr 4pq frorrr the appropriato :42 government agemiss. 8+3tt®r oWl sign all clocurnents Buyer is r---ju!red tri fi;e in conn'�ctior vlith de-41opment or '143 rezoning app=3vais. 144 Seller gives Buyer, its ag(nts, contractors and sssigr;s, the right to en er the Property At any t'me QtP Irsg the Fsasibii!ty AE Study Period for the puroos,- cx coi'ldclvtng impea ns; provded; hoiw,;ar; that Boyer its agents; contractors and 1,e assigns e>lter the PropeTtV and cond'xt lnspgoticre at their own risk. Buyer Wi) ander mnrly and hold Seller harmless +1-" from tosses; dama as, ooets, claims and expenses of any nature, Ind-klding attorneys' fees, expenses and !lability :14B incurred in application for re oning or related proceedings, and from li2b:iity to ar1V person, arising from the conduce of tisany and aii inspections or any works authorized by Buyer. Brayer will rxl er.9394- in Any activity that corald result in a 190 oon tniction lien belrlcu f?rad against the Property without Sel tees prior written consent. if this transaction does not 141 close, Buyer will, at Bui'ref's expense, ;-I) repair all damages to the Property resulting frorr'he Inspections and ;t52 return the Property to the ✓ondilion 1twas in prior to conduct of t+.e inspections, and (27) release to Seller all reports ^x3 and outer work generated as a resui of the Inspections. ?res Buyer will deliver Nwitten notice to Seller prior to the expiration of the Feasibiii;y Study Period of Buyer's 1M determn netion of who"er or not the Propeis acceptable. Buyer's failure to comply with this notice requirernent Ila W11 constitute acceptance ol the Property as suitable for Buyer's irnended use in its "as 1 l' condition. if the Property 15-1 is unaccapt2bie to Buye:- and written notice of this fact is tirrely deFivared to Seller. tilts Contract Wil be deerned �1oa iermkwtod as of the cfay .after the Feasibiflty Study Qeriod ends and Buyer's deposits) will be returned after Escrow 159 Agent reo*vae proper awbofl=ion from ali interested parties. 1EC- Q (2) No Feasibility Study: Buyer 'Ls satisfied that ttie Proper''ty is sukaole for Bayer's purposes. including being .1®1 satisfied that either public Sewerage and wafter are available to the Proaerry or the Prop", W11 be approved for the 192 instailation of a vveli arrd/c;r prtlrete seweege dsp4sa� sWerrt arrd tt,sk ensting zones and other pertinent requistions 463 and restrictions, such m. eubduis'ion or deed restrictions, concurrency, growth management and environrnentsi 161 ccnditions, are acceat&Ji to Buyer. Th;s Contract is not caMingent on Buyer car 6-scting any further investigatlons. (a) Siubcovlded lands: I; tells Cormsct Is Tor tree purcnasB of subdivided lands, datned by Florida Law as "(a) Any 'Zee contiguous land which is divided Or is prowsad to be divided for the jo rpose of dispositlon into 50 or more lots, 1F.7 parcels; grits, or interests: or (b) Any iand, whether rontigrlous or not, whir_!; is divided or proposed to be divided into .1155 50 or more lots, parcels, units, or interests which are offered as a part of a oornmon promotional plan.", Buyer may 1% cancel this Contract for any season whatsoever for a p966d of 7 basin ss clays fro, -n the date on which Buyer executes 17a this Contract. If Buyer elects to carte! within the period provided, all ftmds or other properly paid by Buyer *11 be *Irl refunded wtthcm t penalty or obiigation w tNn 20 days of the rocoipt of the notice of cancellation by the deyelop©r, +.72 7. RISK QF LOSS; EMINENT: DOMAIN: if any portion of the Property is rr. Haily damaged by c»sualty b®tone closing, im or with a gavem nwrtai autherrry to transfer aft o part of tie Pr,� yin lieuof eminent domrasn proceedings; 1 BuxJrriate� enact( ) ac!trowedge caret �t of a copyref this page, which is ire 3 of 7 Pages.Q/Cri 2flsN �lari[ia ;as�ciaticn of An r Reseri v -v ib/ e -Uv ! LG: 4b !bl ,-' M:Iyydl NU. "(10Z VI0107 .178 or If an eminent domain proc-:ed=ng is irrRiatsd, Seiler w111 prorrpt{y fnfOrm Buyer_ Eit41ar ,7artv may caecal rile Contract :1Zi by written notics io t -re other 'Mhh 10 days from Buyers ne�--eipt of Sellees which Buyer Will close in rrr accordance with this Cornracrand "eoslve 5?} pr&yMGrdS ITIade by the go`-Wn ren jtF ori o' insurance company. sf any, .1 e TrrLr= 17% & TME: Seller will Corney rr.,Trketabe title tc the Property by stWory �:arrancy 6xd or trustee, Personal reprewmtNe :im or guardian deed as appropriate to Seller's status. lei (a) Tl0e Evidence, Title evidence w)! show regal access to the proper y and mar!cetarais title of record m Seiler in :,52 ac=Ciari ,✓a AWourr9rat tttiz standards a 'crated by the Fonda Bar. su!: ec cni , to t*: following LRIe exQaMOM, none of W which lr,even, buyer's intereed use of the Property as : covenants, ea_ ns and tE4 restrictions of record; matters of riot: exisilna zwIng and gov6mment mqulai ons, oil, gas and rr;irleral rignts of reco,-d if : tire-- is no right of Knry. currant ;axes t1o{ that Buyer will Mme: and encumbrancer. t`sat Seller will djscharge al 188 or before cbsing, Salter W�.I cWwr to Buyer Seller's eholce of one cf the followng types of, fte svdenos, 167 which must be ganaraliy ao:ep:ari In the county when the Pmclerty is tocs;Ad ierif j in Paragraph 5(c) the Selected see types. Seger wiil use option, `r Pa!n Beach C, +o) and option (2) it MaM-Cada County. !lee (1) A tttie itysurance corlmIv"nt ;eeUed ty a For:-lioerlsed thle insuer in the aTount of the purchase price and ,r., subject only to title exoqptions sat forth in mis Ccmracs and de!Ivared no iater than 2 clays before Closing Ome. ,.Z+ (q An eft" al3svw :N Mia frim a repumble and FAd5tN a%Vaa 1Fm1 (rf lir,. is not exie?Ing, ?rW abyss act must be 16: cettw as correct by arvtso5tinfl f�-11) ;,ty t:'ting to 7e an accut<ats synopsis ?'19 kiStr�Imdrit8 atfectfng tit10 to fee '%3 Property mccrded In the`iyJbl!. rsoord5 of the counrr where the Property is kr,F .ed and certMed to Pf'®cltre We. lot I-ianever if such an absira t is ro available to Seller, tha, a Dilor owner's title policy aO0S03ba to the oroposed insurer :195 1 as a base for rgissuanced, of coverage. Sellef will pay for Wes of all policy gxcaptons and an Update in a format :,os ecceptsde to Buyer's eying agerit from the policy effsctl',re 06le and =srisad to Buyer er BulwyWe Nosing agent, I 197 together with ocoke of 9!i docurnent9 rested Jr. thq prior poU y acrd In the uodats, If a prior ,n, olicy Is not available to x,90 3dibr then f1s above wla ;fie the title e:5dence. Tit;e em0vtc6 wilt be deavere i -to iater than 10 days befom Cios ng Oate. 19C (b) TMe Eksminedforr- Buyer `Viii examine the true evidence and deliver vvrten rxYre To Seller, vftfiin 5 days tram recalPt :ane of tie evidt�+Ce but no ;ater'tf',an ol, s ng, of arty dek4ct s Beat make rho taixs l n, > <et2bla. Seller will haus 3G dTYM from i2A1 raceipt of Buyers notice Cl d-e.;,s ('CUreoje- Feriod') to curs the defyts at Seliers expanse. If Seller cures the 2a dsfe-% within the Curative P4rloO. Seller will deliver vrr, itten rAtic6 to Buyer emd the pestie9 W!ii dose the transection On izos Closing Daus or �vtiitnin 10 ds:ys from euyers r9colpt of 8etiees novice rf Cloeing Data has passed if Seller is unapie to ;god car' the defects within the Quralk-- Period: Sailor W'11 deiNw written rlctice to BU)w and Buyer wli, within 10 days from acs receipt 0 30� notice, A lar ranc-al m s Contract or accept titre wilt exist rig detects end dose fico transaction. Me (c) Survey. Buyer may. peer to C'osing Die and at Buyers expense, have the Property surveyed and delver written 2t;r notice to Sailer, w!ttlin 5 days from receiot of survey but no later titan 5 days pru ?o closing, of any encroachments on ;Ml the ProWt}c encroachmomt try the Praeeiy's improvemerts on other iands or dead ras't1Ct on or exiling violet ons. fury 'RM such eneroacruTerd or vioiallor, -4,11 b% 1, in the sarrw_ manner as a fts defect rind Buyers and Seller's obiigatiens ::21u will be detorrniried in ar--orcialce vltth subsragraph (b) atovo, r any part of tate Property 1195 -eaward Of The coasts; 211 construction control fine, S4:11er wtli provide Buyer vVith an affid-A cr sin ry as rVquired by law delineating the Ilne'6 location on the propeTi. uni¢*s buyer waives thle requirement in wr ting. ;ora MWELL NMIA ;era 9. EFFECTIVE DATE; TIME: The "c„ectve Date" this Contract is the data on whioh the last of the pdrtles Initials or ;215 sig715 the latest offer. Time is of the essence for ata proviSlon$ of this Contract Aii time periods expressed ae days will 21e be computed In business da!iS 4-0=09a$ day" 1s every �tenrltar ciey except Smorday, 81_rnd$y and national legal ,217 holidaye). R any deadiUae fait on a Savlas; 4Rlrrday or nations! *gat W'dsy. pe-for*artce �,ritl be due th9 n674 business i2,A day. All time per'ods will end at 5:00 p.rr. local 'i 115 (me8ning in ?he ^Aunty where the Proogrty is located) of the 1219 appropriate day. zx: 10. NOTICES: Al not!c \N1111 De made to the oartles and Broke' i7y rrai:•. owstanal deilvery or olect onic decile. Buyer's ;22 1 'laiitae to deirilor tln*iy wrMen :notice io Seller. v w r such notice is requimd by this Contra o , regarding arty coritie% ;722 vAQ mmilar *to contingency nail and void and the C;orftiat will be construed as if the contlrxgsncy did not exist, Any irn roOm docWrwrit or Aery gWn to or mceived by an anDriney or 9rcker Onduding a t 00171 broker) .vp e*cj 9 a ,zza padY will be as effective as if given to or by tat party, 22s 11. COMPLETE A,QREEMEN11 TT6s Contrack is the girt r6 Wegrertt between Buyer 2nd Seiler. Except for brokerage 226 agreerrierlts, no prior Or presS.nt agreements will bind Btrp Seger or Broker wlless incorporated Into this Contract. 2r I�4odklCatlons of ttlis Contra.. w,,l not be bYuxing :unless In wrhing, signed or init'laled and deivered by the party to be bouna. ;226 This Contract, signatures. Ir"tialS, documents referenced in this C ontreci, courrie-parts and written modiPcations izzs cornrrnrrscaiad electrtxn a;iy or ion cerci v+l♦! ! 3c0eptabte �ra9 purposes. rctuding tlet^ en! acct wR be DirrJing. lfend+t�t ten •23:1 or typewritten termS Ingerted in or attaehW to TN9 Contract preva'.I ovw umprimed terms. It pry Provision of this Contract Is or L--, becomes Invaiid or unenfo'roe t.le, aG rernainen pmvisiotlg Mij conta,usto ba?Qi,y sfieative. Buyer and belle wii! use diik,*ce zas and good faith in performing s!I {�biigatr ns under this Agmerrient. This Contre.0 wilt not b9 t13CorCled hl err); puai0 rewords. las 12 Ass*NA8ury; PERSONS BOUND: Buyer rr* not asslgl the c,,1Lac1 v1t*tout Salters ar-sten conser t. The terms ;434 Buyer,' "Seller," and "Broker'` Tav be siras Jar or plu 1. This Owiract is winding er the heirs, adminlstrntnrs. 0xeGlricr8. i29; ogmonal 1;sWmrves and 3SS;igris ft aerMittedi of Buyer- Seiler and Fm4w, i 12W Buyer (_) and Sekr !� LJ ackr owiedge r8Galpi of a cool of this page. which is Page 4 of 7 Pages. vAGB 10/DA ®2c0A P.cNJslaetaxlsrlrx of P,_ay-�ts' All frgF�E lis t{ v ••,,•: rr o..r,.e.,aw-;.LWWU uy rtily vwluor, tsuyer 294 and sailer each essufns'full respon5, lay for saiectrlg and compensating their ,raspactive vendors, This paragraph hill not r6eve Broker of statutory od'igs:'fors. Fvr purposes of tf'tiss pa-agra0h, 9ro"r will be trwed as a party to this Contract. zee TNs paragraph will suvve clasin(), 29t 17. BROKEM `rhe lioonwe{S) and G! %$ S) nafried below ars Comely r-,fgrr8d to as 19roker." Inetucfion w C►voing M Agent:i6uytat' dirvct dosing ager,t to claburse at closing tree f,Al a -nouns or the brokeraga teas as soedfied In Zea' BUyet' r end Seller CEO { _ ICI,11 r+iedge Mceii l of e. c --.)Py 0- anis -,age. which is Page 5 of 7 Pages. VAO 9 Rei. 10104 0 2104 OodQ2 A.° oc4nS Ct! ^f RVa,, cW Al RIgM Rewy JJ✓ 101 GC101 14- •'YV f oue- UDol - 71..)e-14je- f OOJ f v. i c✓- Wv-- serrate brokerage agream.ent3 wYi; ;he cartes am coopravve sgresmems ortween the bn�w.5. except to the extent Brokar has ngtaW— S! ICh M,as llom !he escr,,Y�raad funds_ In the absence of such brokerage agrae; nests_ closing agef# ,W! �2m disburse trokerage fres as hOicated beiaw. This paragraph wi!i not be used to rnod;ity any MLS or other fifer of 3m con?pensallon made by Sebber:cr iis�jng bracer to cooperating brVkers- �- 3G5'' SaOirg Sass AsscriatelLieerso ?Vo...�.� Sefirg ra�nrororsn-cae raz: �: a �cm:h.� Prlte)_,. !907' USAV Sa4nr1 RJCenae ,,%k. ._ _ L Cc4k Fr!�/Q 4'�ye kie: (S or 96 or .9 zmhute 1# ADOf1 ONAL TEHM$ 3r)g- 18, ADDI-1 OVAL. ITFR rAS __.._........ . s�3• . ..._ �iG�..nS;� ..��orido. _��JJ �5���..�rd.k�c'. .. . 315` ......(s...(X- to. .P&iri J I :d� 32E' –B� .fir V%2 w j LL .._.C.o.d.p R W �T .rte s / A� 106 03/15/2007 12:46 7602009981- -> 91321.4527865 NU. Y02 Ub0'r TNs Is Ifler ecled to be a �eo�y UrKf M cimr t If rot fatly understoatf. seek M 4-idutco of an allumW prior In Signing, OFFM AND ACCEPTANCE a ^ (Check if app GaabfeL C! Sup .l'sce wd a "M Qn ma crogerty dr -,c sure etattamem, from Setter cefo; e rrrakjr), this 0ffel:1 Btry!er of la,S to W-J'tase the f'rop--rty an tie above temms and cAndlt W .Unless this C nntcact is signed Z)y Setter and a 'coat' delivered to sayer no later than t - , Q this otter wit! be ux raoRed andplayer's deposi relunded su�lect *oan of .da. F cla e Buyer P:rt name: i�_ =309' Phone: 3w Fax: �,9 E -mat: tate: Ai: ' nate:. '374' Phor7e' :is, Fax: 37G E-mail: des: — Print name' Address' _ Pent narme: Seller. Prim narre- Add'sSs: 3%7 COUNTER OFFEW REJECTION 3 ❑ Seiler eaunters Buyer's offer fio acx—V- the c o7ter offer, Buyer must sin or in pis! tha counter otter d ieft!'s and deliver a c 3yof the ac certwceto Wier try 5:00 r.m, on j. 0 Seller rslects BuW8 offer. 38(711 EffecWe Date,,:)/ I f rW date on~ the test party signed or tnlued acce"Im of Ine atter ow.) j Rclljl'f'l LAN-( 'and Seller t ) ack-Mtivledge rl eeipt of a cony of the page, which Is Page 7 of 7 Pagm The ro mpmsm es tot* lapel vasty or adeQUacy rA arty prwi�d+ a �Me 1�m alawspeoft alsixtM. The anwm erdmw fmm WQU;d Ole be mw in OOmjJW=r=Jt�" or "M emW aPm �1. Thm'rt 3m or adikki e fois mm4bb lbr uae -Iy Vie e„bre red est, in t ry and !s wtkftnded to kw, Wy ft t+eer a3a F.'vq�a Hm"A I4 a Rdawad cumc w nvnbw" mer!c *w, mgt' be used only rH rest a {icaneeea was els members etthe HIeIOGi�i�1890�iQ1 Cd I1dtt7ao s+d t1d'p 9Ufle[l�7e b 9R Lbtfe dGN!try, T1 * avgij: "" di" U -69d azzes 177 tjS. 7E Wa,!' f4 w ri ptaRLckn afbW*ix=i bl'"R'o'm V�.GE Rev. 7A04 2;r�a RcN!G3 as9uCtd0.�. o R � x� M R-til.5 Reser'red Meeting Type: Regular Meeting Date: 04/17/07 AGENDA Heading Consideration Item 4 No. want to thank the City Treasurer and her staff for another great year in managing our City's AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROVAL OF THE ANNUAL AUDIT FOR THE YEAR ENDING SEPTEMBER 30, 2006 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider approval of the annual audit for the year ending September 30, 2006 as presented by the audit firm of McGladrey & Pullen, Certified Public Accountants. Summary Explanation & Background: The annual independent audit is required by State Law and the City has a clean audit report with no material findings. want to thank the City Treasurer and her staff for another great year in managing our City's finances. recommend approval. Exhibits Attached: Audit report (hand-out) City Manager's Office - ; Department ADMINISTRATION/FINANCE -n im\myd dmin\council\me g\2007\04-17-07\audit.doc Memorandum To: Mayor Rocky Randels and members of the City Council CC: Bennett Boucher, City Manager From: Andrea Bowers, City Treasurer Date: 12 April 2007 2r Re: Certified Annual Financial Report (CAFR) I am very happy to provide you a copy of the CAFR for the fiscal year ended September 30, 2006. This document will hopefully provide a wide range of information concerning the operation and financial status of the City of Cape Canaveral. Along with the CAFR is the Management Letter, provided by the auditing firm McGladrey & Pullen, CPA. It provides a summary of the audit and their basic findings. Our audit team will give a report of the annual audit at the coming Council Meeting on April 17th. If you have questions or concerns prior to the meeting please feel free to contact me. I Meeting Type: Regular Meeting Date: 04-17-07 AGENDA REPORT AGENDA Heading Discussion Item 5 No. Discussion only. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: RESORT DWELLING UNITS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council discuss the regulation of resort dwelling units. Summary Explanation & Background: The city attorney was directed to prepare an ordinance as follows: Prohibit resort dwelling units within the R-1, R-2 and R-3 zoning districts and establish as a principal use within the C-1 commercial district. Discussion only. Exhibits Attached: Proposed Ordinance No. 19-2006 City Managers Office--, Department LEGISLATIVE ,�. yuv�yancrr�.� \aw<—\--- \-«c LlIly \[.vv i \04-17-07 \resort: doc DRAFT March 27, 2007 ORDINANCE NO. 19-2006 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;" PROVIDING FOR RESORT DWELLINGS AS PRINCIPAL USES IN THE C-1 ZONING DISTRICT; SETTING FORTH A PROCEDURE FOR ESTABLISHING A NONCONFORMING STATUS FOR CERTAIN RESORT DWELLINGS IN THE R-1, R-2 AND R-3 ZONING DISTRICTS BASED ON CERTAIN EXISTING LICENSE AND TAX FACTORS SPECIFICALLY ENUMERATED HEREIN; PROVIDING FOR EXPIRATION OF SUCH NONCONFORMING STATUS UNDER CERTAIN CIRCUMSTANCES; 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. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on resort dwellings and other transient commercial uses serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City's zoning district regulations are intended to permit only those uses that are expressly provided for under the list of principal uses and special exception uses for each zoning City of Cape Canaveral Ordinance No. 19-2006 Page 1 of 8 DRAFT March 27, 2007 category; and WHEREAS, all other uses not expressly provided for as a principle use or special exception are intended to be prohibited; and WHEREAS, resort dwellings are not currently expressly listed as a principle or special exception use within any zoning district; and WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings within a specific zoning district in order to preserve the residential character of portions of Cape Canaveral and to protect Cape Canaveral from becoming an overwhelming transient type community; and WHEREAS, the City Council is aware of, and relies upon, case law precedent which holds that a property owner does not have a vested right in zoning ordinances and that the mere purchase of land does not create a right to rely on existing zoning. See e.g., City of Miami Beach v. 8701 Collins Ave, 77 So. 2d 428 (1954); Epifano v. Town of Indian River Shores, 379 So. 2d 966 (Fla. DCA 1979); and WHEREAS, the City Council also acknowledges that transient residential uses fall under a different occupancy classification under the Florida Building Code than other residential uses and that more stringent building and fire code requirements exists for transient residential uses for life safety reasons; and WHEREAS, the City Council also finds that in accordance with section 110-121, Cape Canaveral Code, a change in occupancy classification of a building requires that the building official conduct an inspection ofthe building to determine whether it complies with applicable building code requirements before issuing a new certificate of occupancy for the building based on the changed occupancy classification; and WHEREAS, while the City Council desires to afford some protections to existing licensed resort dwellings that will become nonconforming under this ordinance, the City Council seeks to balance the competing interests between existing uses and the City Council's desire to protect the residential character of Cape Canaveral consistent with the City's Comprehensive Plan and to protect the safety of transient occupants; and WHEREAS, the City Council hereby finds that protecting the residential character of the City of Cape Canaveral and promoting permanent residency are of paramount public importance; and WHEREAS, the City Council deems it to be in the best interests of the citizens of the City of Cape Canaveral to provide for resort dwellings as an additional permitted use in the C-1 Low City of Cape Canaveral Ordinance No. 19-2006 Page 2 of 8 DRAFT March 27, 2007 Density Commercial zoning districts; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, 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 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Resort dwelling shall mean any individually or collectively owned one -family, two-family, three-family, or four -family dwelling house or dwelling unit which is rented more than three (3) times in a calendar year for periods of less than thirty (30) days or one (1) calendar month, whichever is less or which is advertised or held out to the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar month, whichever is less. ARTICLE VII. DISTRICTS City of Cape Canaveral Ordinance No. 19-2006 Page 3 of 8 DRAFT March 27, 2007 DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and overpopulation, to promote the permanent residency of single families and to enhance and maintain the residential character and integrity of the area. Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling wfit rentals of less than seven days aic piohibited. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium densityresidential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or City of Cape Canaveral Ordinance No. 19-2006 Page 4 of 8 DRAFT March 27, 2007 (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT City of Cape Canaveral Ordinance No. 19-2006 Page 5 of 8 DRAFT March 27, 2007 Sec. 110-332. Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: (15) Resort dwellings duly licensed by the state. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110485. Resort Dwellings; nonconforming use status; exuiration. (a) Subiect to strict compliance with the requirements set forth in subsections (b) and (c) of this section, any resort dwelling existing as of November 21, 2006 on real property zoned R-1, R-2, or R-3 shall be deemed a nonconforming use subiect to the provisions of Chapter 110, Article V, Nonconformities, of this Code. (b) In order to be considered existing as of November 21, 2006, the person claiming a nonconforming resort dwelling on real property zoned R-1, R-2, or R-3 must demonstrate that as of November 21, 2006, the resort dwelling was licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and applicable transient rental taxes pursuant to section 212.03, Florida Statutes, have been duly paid. Further, said person must also demonstrate that the resort dwelling is in compliance with the certificate of occupancyMuirements set forth in section 110-121, City Code within ninety (90) days of the effective date of this ordinance. (c) Any person claiming that a resort dwelling should be deemed nonconforming under this section shall be required to file an application with the city manager within thirty (30) days of the effective date of this ordinance. The application shall be on a form provided by the city manager and shall be for the purpose of verifying whether or not a particular resort dwelling should be deemed nonconforming under this section. The application shall be accompanied with copies of all applicable licenses, tax receipts, and certificate of occupancies which are necessary for the city manager to determine whether or not the resort dwelling should be declared a nonconforming use. In the event a person demonstrates City of Cape Canaveral Ordinance Na. 19-2006 Page 6 of 8 DRAFT March 27, 2007 compliance with the license and tax requirements set forth in paragraph (b), but can not demonstrate compliance with the certificate of occupancy requirements at the time the application is filed, the city manager shall render a final decision on the application at the time the requisite certificate of occupancy is filed with the city manager, or at the end of the ninety (90) daytime period, whichever occurs first. Upon verification that a nonconforming resort dwelling use status exists, the city manager shall issue to the applicant a written notice of nonconforming use status for the particular resort dwelling. Upon the passing of the application deadline set forth in this subsection, all persons shall be barred from claiming nonconforming use status under this section. (d) Any resort dwelling deemed nonconforming pursuant to this section shall lose its nonconforming status if any one (1) of the following occurs: (1) The resort dwelling use is abandoned pursuant to section 110-197 of this Code; (2) The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regglation revokes the resort dwelling's license for whatever reason, or if said license should otherwise expire or lapse at any time. Sec. 110486. Rental Restrictions on Dwelling Units. It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days. 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 City of Cape Canaveral Ordinance No. 19-2006 Page 7 of 8 DRAFT March 27, 2007 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2007. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts 1" Legal Ad Published: First Reading: 2°d 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. 19-2006 Page 8 of 8 Meeting Type: Regular Meeting Date: 04-17-07 AGENDA REPORT AGENDA Heading Discussion Item 6 No. City Manager's, Office CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CENTRAL FLORIDA REGIONAL GROWTH VISION DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Pro Tem Bob Hoog requested this as a discussion item for City Council. Summary Explanation & Background: See attached draft of the Central Florida Regional Growth Vision. Exhibits Attached: Draft Growth Vision City Manager's, Office Department LEGISLATIVE ca iM \Myki oc s\ \co cil\meeting\2007\04-17-07\vision.doc How shall INV-Grow? y Creating a Shared Vision for Central Florida � Central Florida Regional Growth Vision C O Proposed Regional Growth Compact Partnership agreement to be signed by public, private, and civic leaders at the conclusion of the "How Shall We Grow" process committing to the following: • Regional Growth Vision. We acknowledge that the Central Florida Regional Growth Vision is a community -generated guide for the future development of the region. • Continued Regional Cooperation. We agree to enhance existing or develop new institutions and practices to continue cooperation and consensus building at the regional level to implement the Central Florida Regional Growth Vision. These institutions and practices may include: - Establish a regional forum for continued cooperation among regional elected officials. - Establish a regional mechanism for coordinating public, private, and civic activities in support of the Vision. - Work with the seven county legislative delegations to establish regional legislative delegation meetings and priorities. - Work with the legislature to make statutory changes identified by the region as critical to implementation of key regional priorities consistent with the Vision. • Guiding Principles. We agree to consider the following six regional growth principles in making future public, private, and civic investment decisions. - Preserve open space, recreational areas, farmland, water resources and regionally significant natural areas. - Provide universal access to the highest quality of education, health care, and cultural amenities. - Provide a variety of transportation choices. - Encourage a diverse, globally competitive economy. - Foster distinct, attractive and safe places to live. - Create a range of obtainable housing opportunities and choices. We agree to ensure coordinated regional action in these six areas through enhancing existing or developing new regional partnerships in each area. Proiect Funding Partners: Central Florida MPO Alliance Florida Department of Community Affairs myrve-org East Central Florida Regional Planning Council Florida Department of Transportation Orlando Regional Chamber of Com nercz • Coordination with Regional and Local Plans. We acknowledge that comprehensive plans and other regional and local plans are the critical tools for translating the regional vision into action. We agree to: - Develop or update strategic regional policy plans, community visions, local government comprehensive plans, transportation plans, resource agency plans, and economic development plans to develop more specific goals, policies, and programs to manage long range growth and guide infrastructure investments consistent with the regional vision. - Consider the vision and the six regional growth principles in future updates to these plans. - Coordinate local and regional plans with those of neighboring and overlapping government entities, as well as key statewide plans. • Intergovernmental Agreements. We agree to work toward additional intergovernmental agreements when necessary to address opportunities for joint action or to resolve inconsistencies among regional and local policies and plans. • Understanding and Support. We agree to implement an overall strategy to effectively promote understanding and support of the Vision by public, private, and civic leaders, as well as the community. • Progress Reporting and Future Updates. We agree to implement processes for monitoring progress on implementing the Vision (including the use of regional indicators) and for updating the Vision over time. ftWzWd Re91ana1 Qvwdh C&Wa ct - DRAFT— Mardi 23,2W7 �. > `SO, How Shall M6e .Grow. Creating a Shared Vision for Central Florida ®O Central Florida Regional Growth Vision Proposed Regional Policy Framework and Action A. Preserve open Space, Recreational Areas, Farmland, Water Resources and Regionally skpdtkant Natural Areas 1. Identify and develop a "green print," which is defined as an inter -connected 1 2 3 4 5 network of regionally significant conservation lands, open space and recreational areas. Imp1e xY:itaban Gum a. Use the "green print" to set priorities for acquiring, managing, and providing access to open space, recreational areas, and conservation areas. Reflect the "green print" in state, regional, and local comprehensive, transportation, and resource agency plans. b. Establish dedicated regional funding sources for environmental investment to allow significantly greater acquisitions than are possible today. c. Develop policies and programs that provide incentives for private landowners to conserve open space, recreational areas, and envkonmental network lands, and that ensure that new development is accompanied by increased preservation. Encourage use of innovative planning techniques such as transfer of development rights, Rural Lands Stewardship, Rural Cluster Development:, and Sector Plans, which provide for permanent protection of conservation areas while allowing private land owners to retain economic viability of their lands. d. Educate stakeholders and policy makers regarding the importance of the seven Natural Jewels of Central Florida, those strategically significant natural areas that are part of our overall quality of life and enrich our community. (These include Indian River Lagoon, lake Wales Ridge, Green Swamp, Wekiva-0cala Greenway, Volusia Conservation Corridor, St. Johns River, and Greater Kissimmee Prairie.) 2. Work with landowners to develop and promote strategies that encourage 1 2 3 4 5 sustainable agriculture in the region. ImpAwmmtabon Guidance a. Expand the use of conservation easements that retain lands in agriculture that is economically and environmentally viable. b. Work cooperatively with the agricultural extension services and other groups representing farmers to maximize the application and value to agriculture of their research and programs. Revised Draft —March 28, 2007 Project Funding Partners: Central Florida MPO Alliance Florida Department of Community Affairs East Central Florida Regional Planning Council Florida Department of Transportation rrmvreg---g Orlando Regional Chamber of Commerce ORA 3. Implement a regional strategy for water use. 1 2-3 4 5 impie► xydadan GWYance a. Develop an equitable regional plan for water supply including alternative water sources. This plan should include coordination among water management districts, public and private utilities, and major and minor consumers. The plan should design and implement best practice mechanisms to equdably distribute the cost of developing alternative water supply sources. b. Develop a regional approach to water conservation, including incentives for reuse and practices that lint water use. c. Increase the alignment of water supply planning and perrnitting processes. B. Provide greater access to the highest quality of education, heats care, and cultural amenities. Education, health care, and cultural amenities all relate to quality of life and the values of Central Florida's citizens. The Central Florida Regional Growth Vision and policy framework focuses on those aspects of education, health and wellness, and cultural amenities that are related to pathema of development and the built environment Other regional cooperation efforts will address the quality and delivery of education health care, and cultural amenftm 1. Develop communities in a way that enhances the health and wellness of residents 1 2 3 4 5 and facilitates access to health care fad. IMpte"Mtabiom Gum a. Encourage development standar that promote walkabili y and other characteristics of a built environment that enhances health and wellness. b. Ensure that local land use planning throughout the region allows for a range of facilities that collectively can provide a fug continuum of cane. 2. Promote effiecbve local planning processes that coordinate the location of school 1 2 3 4 5 sites with associated land uses (especlaly parks and recreation) and transportation services. 3. Promote cooperation among the public, private and civic sectors to develop 1 2 3 4 5 regional ArdtBgies for creating, preserving, and providing access museums, performing arts, public art, historic properties, and odw cultural amenities. Revised Draft — Match 28, 2007 C. Provide a varied/ of baIUgM 1abion dories. 1. Continue to develop and implement a comprehensive, long-term regional muki- 1 2 3 4 5 modal transportation plan for moving people and freight that addresses the needs of residents, vim, and businesses. Impie►>aenl bib GuiiIvxv a. Budd upon the work to date on regional long-range planning fior highways and transit by the Central Florida MPO Alliance. b. Balance priorities for funding among key regional transportation facilites in a manner that permits a shift of the region's transportation capacity krvestinents from highways toward transit c. Implement transportation system components that support the regional vision for urban centers, open space, and associated concepts, while contributing to improved air quality and minimizing impacts on water quality. d. Provide increased public transportation service and facilitate travel by means other than single occupancy vehicles. e. Coordinate transit and other public transportation services at a regional level. f. Develop a regional greenways and trails strategy ttrat provides bicycle and pedesbian access within and between centers. g. Address emergency evacuation and response needs. 2. Develop a regional approach to managing the concurrency of transportation 1 2 3 4 5 investments with new development. 3. Create a regional multi -anodal transportation author4 with responsibility for as 1 2 3 4 5 surface transportation planning (including transit and roads). The autho ft also should have responsibility for developing and i plernenting planning, financing, and operating the regional multi -modal transportation pian and the regional transportation concurrency system. Al- 7ERNA77VE TEXT BEDI WG PRQPOSM BY TME CEN MAL fiORIDA 4fPOALLWAX 4. Develop a regi strategy for funding multi --modal transportation ttnat leverages 1 2 3 4 5 available Federal, state, and local government (tau) funding, private funding, and user fees. Rev&wdDra&— Ma/dt 28, 2W7 D. Encourage a diverse, globally aompebtiive eoonorny. Economic development and competitiveness is a critical goal for the future of the region. A regional economic development strategy should build on the strength of the region's eAsting infrastructure in aerospace, tourism, biomedical, and other industry dusters, while providing the fleablrYy to capitalize on new opportunities. The Central Florida Regional Growth Vision and policy framework focuses on those aspects of economic development that are related to patterns of development and the built environment. Other regional cooperation efforts will address workforce, business climate marketing,and other economic development issues. 1. work with economic development commissions, higher education, and other public 1 —23- 4 5 and private stakeholders to develop a regional economic development strategy, R1Ptm&M3dan Gudance a. Create infrastructure that attracts, r+etan, and grows high -wage industries and high -skilled workers. These may include educational, cultural, environmental, and lifestyle amenities, and the full range of information, communication, twisportation, workforce training, and other systems. b. Include a regional land use strategy to ensure the ready availabifny of sufficient land appropriately designated or zoned for economic centers with appropriate transportation and other infrastructure already in place. E. Foster distinctive, attractive and safe places to live. Local government land use policies and planning processes in the region must be consistent with all aspects of the Central Florida Regional Growth Vision and policy framework, including the key strategies outlined in this document related th, water, environment, and transportation. In addition, the following specific land use and development strategies are identified. T— Revise comprehensive plans, land devebpment codes, and building industry 1 2 3 4 5 practices to encourage creativity in designing distinctive places to live. 1nWA xnbrbiaa Guidance a. Remove obstacles to, and create incentives for, muted -use, higher density centers where appropriate. b. Provide mechanisms to ensure design and functional consistency in centers that cross jurisdictional lines, where appropriate. c. Create strategies to recognize and build on the distinctive characteristics of each place, including strategies to protect rural corn munb'es. d. Create incentives for redevelopment, e. Encourage master planning and minimize piecemeal deveippment. f. Identify and enhance current policies that promote good designs including green building and development Revised Draft — A&rh 28, tow 0� 2. Strengttren or a+eat a regional resources to provide communities with assistance 1 2 3 4 5 with issues such as design guidelines, sample smart growth plan elements and codes, and related issues. F. Create a range of obtainable housing oPpores and choices. 1. Develop a regional market-oriented obtainable housing strategy. 1 2 3 4 5 linplamxn Ww GuAdaix a. Establish a regional definition for obtainable housing, induditg both rental and ownership housing. b. Include strategies to maintain the affordability of obtainable housing over time. c. Encourage each community to provide an appropriate share of regional obtainable housing. d. Provide incentives for obtainable housing. e. Ensure that obtainable housing is integrated with mares-iate housing in its design and location. f. Educate citizens about obtainable housing. Revised Dralt — Mairh 28, 2007 5 Meeting Type: Regular Meeting Date: 04-17-07 AGENDA REPORT AGENDA Heading Discussion Item 7 No. Discussion only. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: ADMINISTRATIVE APPEALS RELATED TO THE ZONING CODE OF ORDINANCES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review the Administrative Appeals Section of the Zoning Code of Ordinances. Summary Explanation & Background: Council Member Roberts expressed concern at the 03-06-07 City Council Meeting that council did not act upon appeals related to zoning code issues and requested a review and discussion about the existing appeals process. Discussion only. Please advise. Exhibits Attached: City Codes 110-40; 110-87 CityMana Office Department LEGISLATIVE i w—"- - ICOUI= uu--v \—, \V4-1 i-0 i \appeals.aoc DIVISION 5. ADMINISTRATIVE APPEALS Page 1 of 1 DIVISION S. ADMINISTRATIVE APPEALS Sec. 110-40. Administrative appeals. (a) Any final administrative decision regarding the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. Any of the following may seek review of an administrative decision pursuant to this section: (1) City council; (2) Planning and zoning board; (3) Any person aggrieved or affected by any decision of the building official in the interpretation of any portion of this chapter. (b) Appeals shall be taken within 30 days after such administrative decision is made by filing a written notice of appeal with the building official and the board of adjustment stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the building official shall schedule the appeal before the board of adjustment and transmit all documents, plans, papers or other materials constituting the record upon whichthe action appealed from was taken. (c) The board of adjustment shall be required to review all administrative appeals and prepare written findings constituting its final decision on the administrative appeal based on the criteria set forth in this section. (d) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly afforded procedural due process; (2) Whether the decision under review is supported by competent, substantial evidence; and (3) Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. (e) An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that, because of facts stated in the certificate, a stay would, in the building official's opinion, cause imminent peril to life and property. In such case where the building official makes such certification, proceedings shall not be stayed otherthan by an injunction, which may be granted by the board of adjustment or issued by a court of competent jurisdiction. (f) The board of adjustment shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the building official. Secs. 110-41-110-85. Reserved. http://libraryl.municode.com/mcc/DocView/12642/l/254/256/261 3/15/2007 DIVISION 1. GENERALLY Sec. 110-87. Interpretation of chapter. Page 1 of 1 It is the intent of this chapter that all questions regarding the interpretation and application of the provisions of this chapter shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the city council in connection withthis chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of: (1) Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; and (2) Establishing a schedule of fees and charges. (Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94; Ord. No. 02-2006, § 2, 3-21-06) http://libraryl.municode.com/mcc/DocView/12642/l/254/262/263 3/15/2007 Meeting Type: Regular Meeting Date: 04-17-07 AGENDA REPORT AGENDA Heading Discussion Item 8 No. Estimated construction costs: $1,366,078. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: NORTH ATLANTIC AVENUE ROADWAY IMPROVEMENTS DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council review and comment on the proposed North Atlantic Avenue roadway improvements. Summary Explanation & Background: The county's consultant, Dyer, Riddle, Mills and Precourt, has prepared a construction cost estimate and before/after renderings for the North Atlantic Avenue roadway segment between Central Blvd. and George King Blvd. Estimated construction costs: $1,366,078. Discussion only. Exhibits Attached: Construction estimate; before/after renderings (hand-out) City Manage"Office _,�, Department PUBLIC WORKS/STREETS <�..\. , --in \-- \u.. c,, i g \,uu i \u4-1 ,-u i \roaaway.aoc NORTH ATLANTIC AVENUE ROADWAY ENGINEER'S COST ESTIMATE REF. NO. PAY ITEM NO. DESCRIPTION OUANTITY UNIT UNIT PRICE AMOUNT 1 101= Mobilization 1 LS WA $100,000 2 102-1 Maintenance of Traffic 1 LS WA $100,000 3 104-10-1 —Hay bales 24 EA. $200.00 $4,800 4 10413 Staked Sift Fence 3 500 L.F. $4.00 $14,000 5 110.1-1 I Clearing and Grubbing 1/2.4 LS/AC $8.753.73 $21,009 6 120.1 1 Regular Excavation Jun -16 LS/C.Y. $6.00 $36,000 7 120-8 1 Embankment 1/400 LS/C.Y. $8.75 $3,500 8 160.4 1 Stabilization, Type 8' 12" Thick 8,600 S.Y. $5.00 $43000 9 285-702-9911 Cemented Coguina Shell Base Course 9" Thick 7336 S.Y. $7.66 $56,194 10 331-72-22 1 T 'S' Asphaltic Concrete 21/2" Thick 7336 S.Y. $13.85 $101,604 11 337-7-5 Asphaltic Concrete Friction Course 1-1/2" FC -6 587 TN. $100.00 $58,700 12 339 1 Asphalt Pavement Micellaneous Conti 1 TN. $89.21 $89 13 4041-15 Concrete Class I Miicellaneous Conti 10 C.Y. $420.18 $4202 14 520.1-10 Concrecte Curb and Gutter F 3868 L. F. $20.00 $73,360 15 522-2 Concrete Pedwa 6' Incl. Dwys 8 Walkarounds 4890 S.Y. $45.00 $220050 16 575-1 Sodding 2323 S.Y. $9.78 $22,719 17 575-1-4 Soddi St tine Contin 100 S.Y. $2.36 $236 18 Signing 8 Pavement Markin 1 LS $33,400 $33,400 19 Drains Extiltration/Storrn Sewer SJRWMD Permit 1 LS $200,000.00 $200,000 TOTAL = $1 25% CONTINGENCY = $273 18 TOTAL s $1.306,078 Note: This estimate doss not Include any proposed RNV costa Project Schedule Final design - 4 Months (Based on 2 Week City/County Review Periods) Estmated Construction Time - 12 Months C:\Documents and Settings\kshingledecker\Local Settings\Temporary intemet Files\OLKB\BidTabSheet Roadway.xis BUILDING DEPARTMENT Date: April 9, 2007 To: Bennett Boucher, City Manager From: Todd Morley, Building Officia Re: Building Department Quarter y Activity Report: January — March 2007 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of January — March 2007 Building Department - Overview: Duree Alexander, Code Enforcement Officer, attended two FACE (Florida Association of Code Enforcement) chapter meetings and one FACE training session. Todd Morley, Building Official, continues to serve as President of the BOABC (Building Officials Association of Brevard County), attending two to three meetings per month. Todd Morley presented a collection of suggested revisions to the City Sign Code at three joint workshop meetings. Susan Chapman, Administrative Assistant, Duree Alexander and Todd Morley attended a half-day, in-house training session regarding digital archiving and templating for efficient cross-indexing of archived records. 4/9/07 Building Department Quarterly Report January — March 2007 pg. 2 Projected and on-going projects: • Ace Hardware Expansion - (8300 Astronaut Blvd.) — Site plan has been approved. The Building Permit application is under staff review. • AJT Building - Phase 3 — (North end of Astronaut Blvd.) — Awaiting amended site plan for approval. No action this quarter. • Atlantic Animal Clinic - (AIA between Tyler & Harrison on N. Atlantic Ave.) Construction is underway. • Bayport Condominiums - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units at build -out. Construction is ongoing. (103 units completed to date — 3 units remaining) • Beach Breeze Townhomes - (8323 Ridgewood Ave.) — Structure was demolished last quarter and a preliminary replat was approved to subdivide the property into two single-family lots. • Beach Side Townhomes 2nd Addition - (502 and 504 Adams Avenue) — A 2 -unit townhouse building - Preliminary Replat time extension was approved last quarter. Waiting for building permit application. • Bill Mays and Berchet O'Daniel Outside Storage Facility - (400 Imperial Blvd.) - A Special Exception request has been approved. This is related to the Cape Office Building project, below. • Cabo Verde Condominiums - (Porter Property at Al & Holman Rd.) — Site plan submitted. Waiting for developer's response to staff review of site plan. • Canaveral Bulk Terminal - (Conveyor System at 245 Challenger Rd.) — A Revised Drainage Plan was submitted and is under review by the City Engineer. Construction is on-going. The required sight and sound barrier was permitted on March 12th. It will be 450 feet long and 16 feet high and constructed of wood. • Cape Canaveral Carwash (intersection of N. Atlantic Ave. and Astronaut Blvd) — Held pre -application meeting. No action this quarter. • Cape Canaveral Condominiums - (Oak Manor Trailer Park - formerly the Gould property at East Central and N. Atlantic Ave.) - The Special Exception request for R-2 use in the C-1 district was approved. A time extension was approved. No action this quarter. 4/9/07 Building Department Quarterly Report January — March 2007 pg. 3 • Cape Office Building - (400 Imperial Blvd.) — Construction is on- going. This is related to the Bill Mays and Berchet O'Daniel outside Storage Facility project, above. • Caribbean Vistas (aka Coon's Run) - (Madison Ave.) - A (4) unit townhouse building — a preliminary replat was approved. • Casa Esperanza Townhomes - (331, 333, 335 Fillmore Ave.) - one (3) unit townhouse building. A preliminary replat was approved. Awaiting complete permit application. • Craig Stewart - (Oak Lane) - The Special Exception Request was approved for a total of 10 residential units in the C 1 zoning district. Time extension was approved in February, 2006. Waiting for site plan application. No action this quarter. • Fairvilla Megastore - (500 Thurm Blvd.) - A revised site plan (parking lot expansion) was submitted and is under staff review. • Fillmore Townhomes - (224 Fillmore Ave.) - A (2) unit townhouse building. Preliminary Replat is under staff review. • Greene Commercial Building — The name of this project has changed as the developer has incorporated this project into the Mermaid Key project (see below). • Hertz Car Rental (northern outparcel at Residence Inn Hotel) — A Building Permit was issued and project is under construction. • Manatee Bay - (607 Manatee Bay Dr.) - Single Family Residence - Building Permit Application submittal is under review. • McDonald's - (8780 Astronaut Blvd.) - A Revised Site Plan was submitted and is under staff review. • Mermaid Key - (Thurm Blvd.) - Residential Condominiums (140 Units) and Commercial development (1.47 acres) on abutting commercial property - Site Plan was submitted and is under staff review. • Public Works Facility Storage Building - (601 Thurm Blvd.) - Site Plan was approved. A Notice to Proceed has been issued to Butler Construction for the shell building. A building permit has been issued. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 condominium units in Phases I & II. 240 condominium units in Phase III. Total 404 condominium units at project build -out. Construction is ongoing. (187 units completed to date, 217 units remaining) • Rinker Materials Expansion - Site plan is under staff review. 4/9/07 Building Department Quarterly Report January — March 2007 pg. 4 • Sea Shell Cay Office Building - (Lot 3, Sea Shell Drive) - No action this quarter. Note: this is the same property as the Sea Shell Cay North Townhomes. • Treasure Key Townhomes - (Washington Avenue) - A Special Exception Request has been approved (limited to six units). No action this quarter. • Valvoline Service Center (At BP Station on Astronaut Blvd.) — Held pre -application meeting. No action this quarter. • Villa Campagnia (204 Holman Rd.) (previously known as Kalidas Townhomes and Venable Townhomes) — A (5) unit condominium building. Construction is on-going. • Villa Cielo (8019, 8023, 8027 & 8031 Magnolia Ave.) (formerly known as Corriveau Townhomes) — A (4) unit townhouse building. Construction is on-going. • Villagio Del Mar - (S.E. comer of Washington Ave. and Ridgewood Ave.) — Construction is on-going. Recently completed proiects: • Bayport Condominiums - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) [Two C.O.'s issued — a (24) unit Bldg and (1) Clubhouse) • Casa Bonita - (103, 105, 107 and 109 Washington Ave.) — A (4) unit townhouse building (four C.O.'s issued). • Central Canaveral Condominiums (aka Brittany Ct.) — (8591- 8597 Canaveral Blvd. — at comer of Central & Canaveral) A (4) unit condominium building (one C.O. issued). • Chadwick Townhomes - (422 and 424 Madison Ave) - A (2) unit townhouse building. (two C.O.'s issued) • Discovery Bay Single Family Subdivision - (616 Manatee Bay Dr.) One Single Family Residence. (one C.O. issued) • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) Two C.O.'s issued — one (6) unit building and (1) Clubhouse. This completes a (40) unit condominium project. • Puerto Del Rio — (At W. Central and Thurm Blvd.) One (16) unit condominium building (one C.O. issued). • Sea Shell Cay Townhomes - (8801 & 8803 Seashell Ln/8802 & 8804 N. Atlantic Ave. - Comer of Harbor Drive and N. Atlantic Avenue) one (4) unit townhouse building (four C.O.'s issued). 4/9/07 Building Department Quarterly Report January - March 2007 pg. 5 Permitting Statistics: (184) Permits were issued with a total construction valuation of $3,105,415.17. Total valuation of construction for calendar year: $3,105,415.17. The department assessed $28,160.71 in permitting fees and $155,135.46 in sewer impact fees; for a total of $183,296.17. (265) Permits were finaled. (17) Residential Certificates of Occupancy were issued for 61 residential units and 2 clubhouses. (822) Inspections were performed. $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Construction Valuation Annually (2007 includes through this quarter) ^�,�� P� `� ��a'�^ '^ +,y� ��,1 ^ � ►ry�pryoo�ryooti oo'�ryo&ryoohryo& zA Code Enforcement Activities Current Violations: notes: IPMC = International Property Maintenance Code, 1997 NEC = National Electric Code Code Section and Title Otv Percent 34-96 Standards Established 6 7.8% 34-97 Duties and Responsibilities 2 2.2% 4/9/07 Building Department Quarterly Report January — March 2007 pg. 6 34-122 Public Nuisance Prohibited 5 6.7% 34-181 Storing, Parking or Leaving on Private Property 2 2.2% 34-209 Spillover Lighting Standards 2 2.2% 78-35 Maintenance of Plumbing System 1 1.1% 82-371 Posting and Specifications of Numbers 1 1.1% 94-6 Prohibited Signs and Features 1 1.1% 104/105 Florida Building Code -Permits & Inspections 51 57.7% 110-121 Certificate of Occupancy 1 1.1% 110-275 Prohibited Uses and Structures 1 1.1% 110-355 Prohibited Uses and Structures 1 1.1% 110-467 Garage Sales 2 2.2% 110-469 Visibility at Intersections 3 3.4% 110-470 Fences, Walls and Hedges 1 1.1% 225.18 NEC Clearance from Ground 1 1.1% 303.11 Stairways, Decks, Porches and Balconies 3 3.4% 303.13 IPMC Handrails and Guards 3 3.4% Total 87 100% District breakdown: (Brevard County breaks the City of Cape Canaveral into four districts. The following table illustrates the current code enforcement differences among these districts) Areas of Current Violations by District Qty Percentage Section 14 Northeast Section 39 44.8 Section 15 Northwest Section 4 4.7 Section 22 Southwest Section 7 8.0 Section 23 Southeast Section 37 42.5 Total 87 100 Code Enforcement Activities summarized: Current cases: 87 "A Better Place" requests completed: 15 Cases brought into compliance in field: Signs: 124 Removed, Vehicles Tagged: 21 167 Misc., Overgrowth, Maintenance, Permits: 22 Total number of cases for the quarter: 269 4/9/07 Building Department Quarterly Report January — March 2007 pg. 7 Code Enforcement Board: The Code Enforcement Board held three meetings. Fifteen cases were presented. The Board heard (1) request for a reduction/satisfaction of lien. Community Appearance Board: The Community Appearance Board held four meetings and reviewed (13) requests; (13) items were approved, (0) items were denied. Planning & Zoning Board: The Planning & Zoning Board held (5) meetings. The Board recommended: (0) site plans, (3) special exceptions, (1) change of use; (1) special exception time extension request; (3) preliminary replats, (0) final replat; (2) easement vacations; (2) ordinances; and held a discussion regarding mixed use. Boardmembers attended several workshop meetings with the City Council. The Board recommended the appointment of Ronald Friedman as the 2nd Alternate; and held elections for Chair and Vice Chair. Local Planning Agency: The Local Planning Agency did not hold any meetings this quarter. Zoning Board of Adjustment: The Zoning Board of Adjustment held (2) meetings. The Board granted (3) special exceptions; (1) special exception time extension; and (1) change of use. Construction Board of Appeals: Held no meetings during this quarter. City Clerk's Office Human Resources and Risk Management Services Quarterly Report for April 2007 CITY CLERK'S OFFICE Information Management • The City will seek to transfer Web Site maintenance to the IT firm N'Sync. • Temporary Assistant prepared Board Member packets as well as New Resident & New Employee packets. • Temporary Assistant helped to organize the Property Lien and Contract files. Legislative • The most recent City Code Supplement inclusive through Ordinance No. 24-2006 adopted on January 2, 2007 is available on the City's web site. • Temporary Assistant helped with the R.S.V.P. process for the Annual Board Appreciation Dinner in March. Records Management • Clerk's Office assisted the Building Department in transferring Records to the FTZ storage facility from files that were scanned into their LaserFiche system. • Clerk's Office assisted the Torpy Group representative, Patricia Overmeyer, with research on the Coastal Fuels issue. Notary Service • The City provides free Notary Service at a savings of $10 per document. Citizens have expressed their appreciation for this service through their taxes. HUMAN RESOURCES & RISK MANAGEMENT SERVICES Separated Employees: Virginia Haas, Assistant City Clerk Amy Longville, Recreation Assistant New Employees: There were no new employees this quarter. Transfers: Ed Lawson, Administrative Assistant from Administration to Public Works City Clerk/ Human Resource Office Quarterly Report, April 2007 Page 2 Temporary Office Assistant Femke Klomp, from Spherion Staffing of Cape Canaveral Position Vacancies: Assistant City Clerk — City Clerk's Office Recreation Assistant — Recreation Department Property/ Liability Claims: • Joshua Bode, Property Damage — Well Pump at Astronaut and N. Atlantic Avenue — Pending Reimbursement to City through the State Attorney's Office. STAFF TRAINING: • Department Head Training — Conducted during Department Head staff meetings. Topics covered: Discipline: Performance Standards and Harassment & Diversity: Respectina Differences. Videos were selected from the Florida League of Cities and handouts were provided. PROFESSIONAL DEVELOPMENT • Ms. Stills is working with the Space Coast Public Personnel/ Risk Management Association Board on their 3`1 Annual Workshop on April 18tH at the Cocoa Civic Center entitled, "All in a Days Work." Several members from City staff will attend. Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parkandrec@cfl.ff.com PARKS & RECREATION DEPARTMENT QUARTERLY REPORT JANUARY —MARCH 2007 The City received a check from the state for $112,500.00 for our match of the FRDAP grant for Banana River Park. There are still (soccer field) issues at the park. Two pieces of play equipment were added at Cape View Park .... both pieces for children pre- school/kindergarten ages. The School Board installed the water fountain, which the City purchased. The fountain is located on the east end of the playground. The Brevard County Traveling Skate Park was in Cape Canaveral on January 13th. There were only seven participants; four were Cape Canaveral residents. Gator Bill's Reptile Show was held at the Recreation Center on Saturday, February 24th. (report attached) The Cape Canaveral Horseshoe Club met on Wednesdays at Manatee Sanctuary Park. Participation ranged from six to twenty-four. Two tournaments were held. Most of the activity will diminish in the upcoming months but will pick up again in the fall. The winter co-ed Softball League has six teams competing. Due to the success of the activity, a summer league will be offered. The Youth Center activity has remained strong. Participation in January — 507 (average 20 per day), February — 413 (average 18 per day) and March — 531 (average 20 per day). Registered youths in 2006 resided in the following locations: 98 — Cape Canaveral 3 — Cocoa Beach 4 — Merritt Island 3 — Rockledge 1 — Melbourne 2 — Out of state Space Coast Little League season kicked off with a fun day at the Cape Canaveral field on Saturday, March 10th. Mayor Pro -Tem Hoog, Councilmembers Petsos and Roberts threw out the first pitch. The infield grass on the field is doing fine; the additional lights have been installed. Little League reports that twenty-eight Cape Canaveral youths are participating this year; up from 18 participating last year. A team of Cape Canaveral/Cocoa Beach youths from the Brevard Youth Soccer Organization has been utilizing the field at Banana River Park for practice two days a week. Now that the field is available for play, we hope to attract more activity. We plan to pursue this issue in the coming months. The Cape Canaveral Community Celebration took place on Saturday, March 174h. (report attached) Vandals destroyed both sides of the Recreation Complex's lighted sign on AIA. It was replaced in late March at a cost of $2,400.00. Upcoming events: April 7th — Easter Egg Hunt April 20th, 21 st & 22nd — Spring Fling Racquetball Tournament May 14th — Adult Flag Football League May 17th — Adult Co -Ed Softball League June — Evening Youth Activities 6HTO2 Attt REPT/LE Sh'04il REPORT &hTMRbhYj f-EARth9RY2q? 2007 L• 0 0 A IY/. A iIrMI)IES: S9 RCOCIME. $ t t8.00 EXPENSES; Presentation Fee - $200.00 Flyers - t 2.6S Total $2 t2.6S + staff time � l , Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parkandrecOmcfl.rr.com CAPE CANAVERAL COMMUNITY CELEBRATION EXPENSES: Dave Kury Band Magician (John Anderson) Moon Walk (Bob O'Connell Rental) Decorations/Beads Flyers INFORMATION TABLES: Local History — Ray Osborne Mangrove Planting — Jeff Ratliff Community Survey - Todd Peetz Locally Authored Books — Susan Stills FOOD & DRINKS: March 17, 2007 $450.00 185.00 175.00 45.96 27.40 $883.36 + Staff Time Kiwanis Club of Cape/Port Canaveral - Hot Dogs/Soda/Water Cape View Elementary School PTO - Pop Corn CHILDRENS GAMES: Cape View Elementary School — Staff & PTO EQUIPMENT DISPLAYS: Antique Automobile Club of Cape Canaveral — 14 cars Cape Canaveral Volunteer Fire Department — Aerial Truck Brevard County Sheriff's Department/Cape Canaveral Precinct — ATV & Motorcycle Grady Brown — Kite Flying Demo VOLUNTEERS: Lori Thetterplace — Face Painter Jessica Wilkes — Face Painter Ron Friedman — Parking Attendant JANUARY PARTICIPATION NUMBERS Mixed Doubles Tennis League: 1/1 (holiday) 0 1/3 (rain out) 0 1/8 16 1/10 16 1/15 (holiday) 0 1/17 16 1/22 16 1/24 16 1/29 16 1/31 16 TOTAL 112 Thursday Adult Games: 1/4 5 1/11 4 1/18 4 1/25 0 TOTAL 13 Adult Co-ed Softball League: 1/25 70 TOTAL 70 Horseshoe Club: 1/3 6 1/10 9 1/17 12 1/24 12 1/31 22 TOTAL 61 Submitted By: Robert Lefever Date: 2/1/07 FEBRUARY PARTICIPATION NUMBERS Mixed Doubles Tennis Leaaue: 2/5 16 2/7 16 2/12 (rain out) 0 2/14 16 2/19 (holiday) 0 2/21 16 2/26 16 2/28 16 TOTAL 96 Thursday Adult Games: This program has been cancelled due to lack of participation. 2/1 4 2/8 4 2/15 0 2/22 0 TOTAL 8 Adult Co-ed Softball Leaeue: 2/1 (rain out) 0 2/8 72 2/15 67 2/22 74 TOTAL 213 Horseshoe Club: 2/7 13 2/14 20 2/21 18 2/28 24 Horseshoe Tournament TOTAL 75 Submitted By: Robert Lefever Date: 3/1/07 MARCH PARTICIPATION NUMBERS Mixed Doubles Tennis League: 3/5 16 3/7 16 3/12 16 3/14 16 3/19 (rain out) 0 3/21 16 3/26 16 3/28 16 TOTAL 112 Adult Co-ed Softball Leaeue: 3/1 73 3/8 69 3/15 71 3/22 63 3/29 62 TOTAL 338 Horseshoe Club: 3/7 18 3/14 20 3/21 12 3/28 10 TOTAL 60 Horseshoe Tournament Submitted By: Robert Lefever Date: 4/2/07 Public Works Department Quarterly Report March 31, 2007 Administration Reclaimed Water Stormwater Streets & Beautification p�i�bltc W{rotks: We make it OV50 m Public Works Quarterly Report: January, February, and March 2007 DATE: March 31, 2007 PUBLIC WORKS ADMINISTRATION 1. Animal Control. This office processed 13 citizen requests for animal traps for the months of Jan- Mar 2007 and were notified that a total of 30 animals were trapped as follows: 18 Cats, 10 Raccoons, 2 Possum, 1 Rat 2. Education/Training: One Safety Committee Meeting was held during this quarter. Three major classes were held including: CPR, Consumer Credit Counseling and Performance Standards. 3. New Hires/Transfer — Ed Lawson Period # WO's The prison crew contributed $16,484.75 in labor to FY 07 ----- Oct 06 -Mar 07 153 the City of Cape Canaveral this FY. This Quarter 81 Outstanding ---Still Open 2 `Equipment #WO's Labor Hours Labor Cost Cost Total Cost Annual Cost to Date -----Oct 06 - Mar 07 153 12,301.74 98,693.75 90,497.94 189,191.69 Cost This Qtr 79 5,713.43 48,926.02 45,859.35 94,785.37 Recurring Work Orders Equipment (Open the entire quarter) #W0's Labor Hours Labor CostCost Total Cost 44 5,591.93 47,254.04 1 44,365.30 91,619.34 Completed Works Orders oes not include recurring W/Osl # WO's Com let Labor Hours Labor Cost 35 121.50 1.671.98 Equipment Cost Total Cost 1.494.05 3.166.03 Plant Public Operators/ Collection Works/ Employees Lab Streets Water Sewer Admin Positions -----31 3 8 8 6 6 Vacancies 0 0 1 0 1 Training — Events Durin Training Education Events Hours CEU's 3 98.5 0 Florida One Stop Requests/Locates 11-aborho-ursl Labor Cost 159.74 1 2410.54 1 J Public Works Quarterly Report: January, February, and March 2007 DATE: March 31, 2007 RECLAIMED WATER Plant Production: Wastewater Treated: Storage Tank: Jan. Feb. 33.5 MG 32.5 MG * 1.3MG *.6MG *0 Mar. Quarter 34 MG 100 MG * 1.9 Reuse Cape Canaveral 21.46 MG 17.9 MG 22 MG 61.5 MG Reuse Cocoa Beach 0 MG .6 MG 1.0 MG 1.6 MG Port Canaveral .24 MG .176 MG .38 MG .80 MG Total Reuse: 21.7 MG 18.7 MG 23.4 MG 63.9 MG River Discharge: 13.3 MG 15.2 MG 5.7 MG 34.2 MG Rainfall: 2.95 inches 1.53 inches 0 inches 4.48 inches Reclaimed Customers: 2 3 6 11 * Water from Reuse storage tank that is added to total reuse used. Waste Water Treatment Plant - Capital Improvements 1. Sewer Force Main Replacement. Brown and Caldwell Engineering was tasked to update the Bid documents for the Force Main from Lift Station # 1 by incorporating unit prices. The project Bid Opening is scheduled April 4`h at 2:15. 2. Equipment and Maintenance Building. Construction is pending Permitting. 3. I & I Program. This year I&I program was completed by Miller Pipeline Corp. The improvements to the system, as followed 1.) Slip lined 2,338 liner ft. of 8" pipe .2.) Sealed 10 manholes on 3A line. 3) Cleaned and inspected 1313 ft. of laterals. 4) Cleaned 2350 If. 24" pipe. 4. Easement Agreements. Staff has mailed out 23 Easement request and Vacations for Phase I and Phase 3 of the Harbor Heights Subdivision. Work is in progress. 5. Regional Residual Dryer System. This project is a study for a regional bio -solid treatment facility for participating Cities and Brevard County. This is an ongoing project that was approved by City Council on October 21, 2003. The Project web site may be located at www.SpaceCoastBiosolids.com. A meeting will be scheduled for Phase II of this project. Staff will present a City Council Agenda Item. 6. Treatment Facility Permit. The City of Cape Canaveral has received the new Department of Environmental Protection (DEP) Domestic Wastewater Facility Permit (FL0020541-004-DW 1 P), Expiration Date February 28, 20012. 0 Page 1 Public Works Quarterly Report: January, February, and March 2007 DATE: March 31, 2007 STREETS AND BEAUTIFICATION 1. N. Atlantic and Central Blvd Turn Lane. Staff has received the 100% plans of the intersection design from Brevard County. County Commission approved the Project on March 20`h. No construction schedule has been established. 2. Sidewalks Projects. Mudrak Engineering completed the sidewalk construction project along north side of Polk and Monroe Avenues. Additional work is in process repairing damage sidewalk areas, curbs and storm inlets. 3. Center Street Park. The Beautification Board and City Council have approved the purchase of a Gazebo to be constructed along the river. Staff has received the Purchase Orders for the purchase of the Gazebo and engineering plans. The foundation has been completed and inspected and construction is pending returned of damaged items. 4. Ridgewood Ave. Green Blades Landscaping and Brad Smith Associates are working on concept designs for Ridgewood Avenue. Staff is reviewing conflict areas before proceeding with design. 5. AlA Sidwalk and Paving Project. FDOT awarded the bid for the repaving of AIA and constructing sidewalks. Construction was commenced in October 2006. Kim Navarro is the FDOT Project Manger. The Project is in its' final phase. 6. Mangrove Planting Grant. The City was awarded a mangrove -planting grant from the SJRWMD. Mangroves will be planted as part of a citizen volunteer project along the Banana River shoreline at Manatee Park, Banana River Park, and the Public Works facility. See Stormwater Administrator report for update. 7. Sea Oats Planting. Brevard County Natural Resource Department is having its annual Sea Oats sale. Staff has placed an order for 9,000 plants as last year. The volunteer planting project scheduled for February was a great success. 8. Beach Re -Nourishment. The beach re -nourishment project is scheduled for the spring of 2007 is on hold pending funding. The Project is tentatively schedule for the fall. 9. Beach End Bike Racks. Staff has processed a Purchase Request for the concrete type bike racks and has received the items. . 10. Annual Traffic Study. The City's Annual Traffic Concurrency Management study has been completed by Luke Transportation Engineering Consultants in March. Public Works Quarterly Report: January, February, and March 2007 DATE: March 31, 2007 STORMWATER 1. Maintenance. City staff routinely removes floatable items and performs inspections of all baffle boxes (6) after heavy rainstorms or an accumulation of 1" of rain within 24 hours. Extensive cleaning of the two oldest baffle boxes (International Drive and West Central Boulevard) with vacuum trucks was/is currently being completed. 2. Construction Site Inspections. Construction site inspections are completed at the commencement of land clearing, after every rainfall event, and weekly. Inspection of all new construction sites for state mandated regulations in regards to erosion and sediment control is routinely performed. 3. Baffle Box Stormwater Grant. City staff is currently performing water quality monitoring of the three new baffle boxes (Holman Avenue, Center Street, and West Central Boulevard) installed in the 4`h quarter of FY2004-2005. 4. Street Sweeping. Street sweeping is performed on all City streets on a monthly basis. 5. FEMA Grant. The City previously submitted a grant application through the FEMA Hazard Mitigation Grant Program. If awarded, the grant funds will be used for drainage improvements to the Buchanan/Orange Avenue intersection. Revisions to the grant application were submitted in December 2005 - the City is requesting funding of approximately $67,000. 6. CDBG Grant. The City was previously awarded a Community Development Block Grant (CDBG) in the amount of $100,000 for drainage improvements to the Buchanan/Orange Avenue intersection. The project is being re -bid by the County (initial bids too high) —0 the bid opening is scheduled for March 29. 7. North Central Ditch Project. The City was awarded a Section 319(h) grant from the FDEP ($314,770) and a Stormwater Cost -Sharing grant from the SJRWMD ($75,000) for stormwater improvements for the northern portion of the Central Ditch. SSA has completed the survey and is currently preparing engineering drawings — easement agreements have also been forwarded to property owners. 8. South Central Ditch Project. The City was awarded a Section 319(h) grant ($286,000) from the FDEP for stormwater improvements to the southern portion of the Central Ditch. A SJRWMD grant was also awarded for the project in the amount of $115,000. Work will be initiated in early -2008. 9. Monitoring. Water quality monitoring continues at the City's baffle boxes (6). 10. NPDES Permit. The City's NPDES Year 3 Annual Report (stormwater permit) was submitted to the FDEP in December 2006. The report was approved — next report due December 1, 2007. 11. Utilities. City staff is now marking all stormwater structures at construction sites as required. 12. Mangroves Planting Grant. A grant was awarded by the SJRWMD in September 2006 to plant mangroves along the Banana River as a citizen volunteer project. The project was successfully completed on March 24, 2007. 13. Concrete Construction Contractor. City staff is working with the concrete contractor to repair/replace stormwater basins/sidewalks/streets/medians located throughout the City. 14. Street Paving. Contract has been awarded to APAC Southeast, Inc. — paving should begin the week of April 23, 2007. 15. Manatee Park Drainage Project. City staff is currently preparing to install equipment at the park to eliminate flooding after heavy rainfall events. 16. Turtle Lighting — Pollution Reduction Project. An additional list of lights requiring corrections was forwarded by the County to FPL — the County has funds remaining from last year to pay for the corrections. Annual inspections will be performed by the City each year prior to turtle nesting season. 17. Estuary Grant Application. A grant application was submitted in August 2006 for funds to remove pepper trees from the City property located on Long Pond Road. Grant funds for accepted projects will be awarded in April 2007. 18. City Master Stormwater Plan. Revision No. 1 to the City's Master Stormwater Plan has been submitted for review. D 8 G7 CD N CA w r O v 0 OD W Z D A N < O 0 CT 0 CA o CT o 0) o 3 Z Q � V Z O W w O V' OD � D Q o o A n Z w O N L" m cn < m y 0 0 o Mg. 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