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HomeMy WebLinkAboutPacket 12-06-2005 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 6, 2005 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEWS: Catherine Barns, Board of Adjustment CONSENT AGENDA: 1. City Council Special Meeting Minutes of November 10, 2005. 2. City Council Regular Meeting Minutes of November 15, 2005. 3. Resolution No. 2005-43; Appointing a Regular Member to the Board of Adjustment (E. McMillan). 4. Resolution No. 2005-44; Reappointing a Regular Member to the Construction Board of Adjustment and Appeals (N. Boucher). 5. Resolution No. 2005-45; Appointing a Second Alternate Member to the Planning and Zoning Board (H_ Pearson). 6. Approval of Employee Christmas Bonus. 7. Outdoor Entertainment Permit for the 10th Annual Reindeer 5K RunNValk. CONSIDERATIONS: 8. Motion to Approve: Landscaping Services Agreement with Green Blades of Central Florida. 9. Motion to Approve: Preliminary Replat of Villa Cielo, James Morgan, Applicant. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (1321) 868-1248 www. myflorida.coin/ cape • e-mail: ccapecanaverad@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting December 6, 2005 Page 2 of 2 10. Motion to Approve: Annual Evaluation of Waste Management_ ORDINANCES: First Public Hearing: 11. Motion to Approve: Ordinance No. 21-2005; Amending Chapter 102, Article II., Division 2; Providing Land Clearing Criteria for Land that Contains or that will Contain Single Family, Two -Family or Three Family Residential Dwelling Units, at first reading. SITE PLANS: 12. Motion to Approve: Villa Cielo Site Plan, James Morgan, Applicant. DISCUSSION: 13. North Atlantic Avenue. 1:7�If7:ii+� 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. Date: November 21, 2005 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Constance B. McKone, Chairperson, Board of Adjustment Re: Recommendation to City Council Regarding Appointment of a Regular Member - Catherine Barnes ------------------------------------------------------------------------------------------------------------ The Board of Adjustment interviewed applicant Catherine Barnes to fill one the regular member board vacancies at the meeting held on November 14, 2005. The Board unanimously recommended that City Council appoint Catherine Barnes as a regular member. Please schedule this member appointment on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www-.mynorida.com/cape • email: ccapecanaveral,"cfl.rr.cotii CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY Pursuant to Section 2-171, Cape Canaver. City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: f 2_ Home Address:✓{� 3. Home Telephone:l) 4. Occupation: nw 5. Business Telephone: 6. Business Address:S B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer' 30_ Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y) t/ (N) (Y) -Z, (N) (y) (N) `/ (Y) (N) M (N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent L4 --- to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check / performed on you by the City of Cape Canaveral? (Y) J (N) 6a_ Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N)z 6b, if yes to 6a, please provide name(s) of person(s) and relationship to you: C. 1- 2. INTERESTSIEXPERIENCE Briefly state your interest in serving on a City advisory board or committee: Briefly state any pqqrex pene ces in serving on an gove mental board or committee: v Al- 4_ e;�i( y� i - 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: Beautification Board Board of Adjustment* Business and Cultural Development Board Code Enforcement Board* Community Appearance Board* Construction Board of Adjustment and Appeals* Library Board. Planning and Zoning Board* Recreation Board Other. *Members of these boards are required to complete and file with hf?e Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Cleric 105 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida THURSDAY November 10, 2005 5:30 P.M. CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Clerk RESOLUTION: MINUTES Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randeis Bennett Boucher Susan Stills 1. Motion to Adopt: Resolution No. 2005-41; Certifying the Results of the General Election of November 8, 2005. Mayor Randels read Resolution No. 2005-41 in its entirety. RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 8, 2005; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The City Council accepts the certification of the election returns as submitted by the Brevard County Supervisor of Elections for the General Election of November 8, 2005. The City Council certifies as proper the following election returns for City Council (vote for Two) the whole number of votes cast was 1584 of which number: KlCityClkWinutes\SpECIALQ0051Cedity Election Results 11-10-05.doc City of Cape Canaveral, Florida City Council Special Meeting — To Certify Election Results November 10, 2005 Page 2 of 2 Candidate for City Council Total Votes Burt Bruns 491 Robert E. Hoog 563 Leo Nicholas 530 SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 10th day of November, 2005. A motion was made by and seconded by to Approve Resolution No. 2005-41. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randeis, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 5: 40 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK K:1CityClklMinuteslSPEC1AL120051Certify Election Results 11-10-05.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 15, 2005 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Recreation Director PRESENTATIONS: MINUTES Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Nancy Hanson Brevard County Sheriffs Office to Present Awards to Local Business in their Support of Hurricane Katrina. Corporal Brenda Dean presented recognitions to those who assisted in the Hurricane Katrina Relief Effort: Certificate of Appreciations were presented to— Cape Canaveral Volunteer Fire Department; Cape View Elementary School; City of Cape Canaveral; Cocoa Beach Fire Department; Cocoa Beach Police Department; Eller Corporation; Gator Truck Leasing; Hayes Property Management; Hometown News; La Cantina; Nanca Cacciatore Law Firm; Stan's Cape Canaveral Hardware; Straw Hat Lounge; Wachovia Bank, Canaveral Branch; Liz Bass, Cocoa Beach Police Department; Linda Bentley, Allied Barton Security; Roland Turner, Allied Barton Security; Barbara Floyd, Community Emergency Response Team. A Letter and Certificate of Appreciation were presented to Brevard County Sheriffs Office Personnel -- Bonnie Ferguson, Cape Canaveral Precinct Secretary; Sarah City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 2 of 12 McKillop; Deputy Tracy Morella Paula Potter, Cape Canaveral Precinct Secretary; Deputy Sherry Pope; Corporal Andrea Robertson; COP Tom Bailey; COP Charles Bostwick; COP Bob Peters; COP Al Skinner. Commendable Service Bars were presented to the Brevard County Sheriffs Office Personnel: Corporal Mitchell Boshnack; Corporal Brenda Deans; Corporal Jack Ehrig; Corporal Gene Hope and Deputy Barry Liford. Plaques & Keys to the City were presented to: Kyle Lewis — Commercial Carrier Corporation; Don Frye — Mid Florida Freezer; Berts Swets — Disney Cruise Lines; Gary Redwine — Boldwater Concepts; Mike Gulick — Go - Signs; BeLinda Paris — United Space Alliance; Jeffrie Jacobs — United Space Alliance; Dale Coxwell — Coastal Steel; John Dismore — Brevard Homes; Dave Adams — Integrated Distribution Services (IDS) and Ron Kladzan — Praxair. Keys to the City were presented to Eller Corporation; Budget Rent -a -Car and U -Haul/ Canaveral Auto Clinic. A plaque was presented to Kim Minster at Allied -Barton Security. The Department showed a video of the relief efforts in Poplarville, Mississippi. Sheriff Jack Parker, Corporal Mitch Boshnack and Corporal Brenda Dean also presented Letters of Commendation, Keys to the City and plaques to local organizations and businesses that participated in gathering supplies. In closing, Sheriff Jack parker thanked Mayor Randels and the City for their assistance. The Chair called for a short recess. The Chair reconvened the meeting at 7:30 P.M. OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 1, 2005. Mayor Randels asked if any Council member, staff or interested party had any discussion on the item. He noted the following corrections to the minutes: I) On Page 3, second full paragraph should read, "Council requested arp anted copy of the meeting, not an audio copy "and 2) To change the position of the main motion and the amendment to the main motion on Page 6. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the City Council Regular Meeting Minutes of November 1, 2005 as amended. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 3 of 12 CONSIDERATIONS: 2. Motion to Approve: Renewal of Group Medical, Dental, Vision and Life Insurance. Mayor Randels explained that the Council discussed this item at a previous meeting and requested additional information. He related that the City budgeted 25 percent for health insurance; however, the renewal rate is 29 percent. Mayor Randels explained the options presented in a survey given to the employees as: 1) to retain the same plan with a payroll deduction of $10.06, 2) to elect a reduced coverage. Mr. Morgan pointed out that one of Council's considerations was to retain the existing health coverage and for the City to incur the cost. He said that the City Treasurer related that funds were available in the budget. Mayor Pro Tem Hoog stated that perhaps more funds should be budgeted in the upcoming year. He also stated that the total overall loss to the City is $9,000- $10,000 to incur the rate increase. Mr. Petsos stated that he found the cost to be $19,000. Mr. Morgan expressed that it requires more money to live. Mr. Petsos replied that Mayor Pro Tem Hoag expressed that he would prefer to inform employees prior to anticipating a payroll deduction. Mr. Boucher asked Ms. Stills to recap the options. Ms. Stills related how a survey went out to the employees with the two previously mentioned options and the employees provided feedback for Council's input. She also related if Council deferred the decision to approve the Health Plan coverage, the renewal rate may be subject to a higher cost as the decision comes near the January timeframe. Mayor Randels noted that 15 of the surveyed employees wrote in a choice to remain with the existing plan with no payroll deduction. Mayor Randels stated that the rate would rise from $434 to $560 per person for 36 employees. He stated that perhaps better budgeting for the upcoming year would meet the rising costs. Ms. Bowers informed that the City budgeted for 25 percent and there were other parts of the insurance package that did not increase and those funds could be used toward the medical component of the costs. Mr. Petsos expressed concern with a balloon figure in the coming year and burdening taxpayers with the increasing cost. Mr. Morgan expressed that City employees have incurred costs such as rising fuel prices and the City should take care of its employees. Discussion followed on the need to inform employees that they would be required to pay a percentage of health care insurance costs in the upcoming year. Mr. Bruns expressed that he agreed with Mr. Petsos stating that some taxpayers do not have access to health care coverage and he too would agree that the employees assist in paying for their health care coverage. Mayor Pro Tem Hoog restated that he City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 4 of 12 desired to see the employees duly noticed prior to implementing a payroll deduction. Mr. Morgan expressed to see any available funding used for the employee's health care. Mr. Petsos agreed in favor of the existing plan based on notification of a payroll deduction for health care coverage in the upcoming year. Mr. Bruns stated his agreement. Mr. Kenneth Veenstra expressed how recruitment has been minimal because of the existing health care plan. Mr. Larry McCormack related that the whole benefits plan scheme affects recruitment. He stated that the City of Cape Canaveral also does not provide family coverage. Mayor Randels confirmed that one of the City's previous employees accepted a pay rate reduction to gain more in benefits. Mayor Pro Tem Hoog asked for a comparative of health care costs from other cities. Mr. Boucher replied that Cape Canaveral is not comparatively sized with the other municipalities. Mr. Petsos requested that the City combine with either the Town of Malabar or Palm Shores in order to bid along with a City of comparative size. Mr. Boucher informed that, under Florida law, a change of provider required the need to solicit bid. Ms. Shannon Roberts expressed her concern that the City insurance coverage does not have a family plan. Mr. Boucher informed that the employee would pay $14,000 per year, out-of-pocket for family coverage, $12,000 for a spouse and $10,000 for a child. Ms. Roberts asked if the City could combine with other cities around the State. Mr. Boucher related how the City has amended the pian from a PPO to HMO to accommodate costs. Mayor Randels summarized the Council's decision to approve the plan and for staff to research earlier in the fiscal year on health care benefit options. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Renewal of Group Medical, Dental, Vision and Life Insurance. The vote on motion carried 5-0 with voting as follows; Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. PRESENTATION: Burt Bruns Mayor Randels related how Mr. Bruns was appointed to complete Mr_ Steve Miller's term on the Council. In Mr. Bruns brief time with the Council he participated in and voted on some of the following: the National Night Out, the Center Street Landscaping Plan, the Overnight Camping Ordinance, Wastewater Study Rate, Mixed Use Request, Supreme Court decision Kilo v. New London, Emminent Domain, underground utilities on Thurm and West Central Blvds., Legislative Priorities, the Florida Building Code, Emergency Generators, the Verizon Wireless Tower, a new maintenance Building at Public Works, International Property Maintenance Code, a vote on the offer of the 3.5 acres for City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 5 of 12 a new City facility, Special Exception for a Conveyor Belt, updates to the Florida Building Code, Playground Equipment at the Cape View Elementary School, a 90 -day Moratorium on Special Exceptions in the C-1 Zoning District, a Code of Conduct for City Council and City Boards as well as the Budget process. Mr. Bruns stated that the decisions made are that of the Council and he returned with prior year's experience. Mr. Bruns expressed that he was pleased and honored by the appointment to complete Mr. Miller's term. He congratulated Mr. Nicholas on his win in the 2005 General Election. Council members thanked Mr. Bruns for his time. OATH OF OFFICE: Robert E. Hoog, City Council Member Leo Nicholas, City Council Member The City Attorney administered the Oath of Office as City Council members to Mr. Hoog and Mr. Nicholas. NEW BUSINESS: CONSIDERATIONS: 1. Motion to Approve: Agreement for Professional Services with Norman R. Wolfinger as State Attorney for the 18th Judicial Circuit Court of Florida. Mayor Randels explained that Legislation of July 1, 2004 changed how funds are divided among State Attorney's and Public Defenders. The Agreement would expand the State Attorney's Office to prosecute on behalf of a municipality. A fee of $50.00 will be charged for any violation of a municipal ordinance that comes to the County Court. Mayor Randels stated the fee structures as: no charge for cases for a plea of initial appearance with no criminal information filed, $100 for two hours for any case with a plea of subsequent to the State Attorney filed with criminal information and $400 for cases resolved by trial. Attomey Garganese stated that this fee structure applies if incarceration is involved. Mr. Morgan questioned the consequences if the City chose not to execute the agreement. Attorney Garganese replied that the case would be dismissed until willing to prosecute. Attorney Garganese requested to change the Agreement language and remove the City Manager's name in the opening paragraph and have it read, "the City of Cape Canaveral." City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 6 of 12 A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Agreement for Professional Services with Norman R. Wolfinger as State Attorney for the 18th Judicial Circuit Court of Florida. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 2. Motion to Approve: Preliminary Replat of Beachside Townhomes Second Addition. Mr. Morgan disclosed that he had no involvement in this project; however, due to his knowledge and friendship with the contractor he asked if he should complete a Voting Conflict of Interest form. Attorney Garganese stated that the law requires a Voting Conflict form if there were financial profit or loss. He advised Mr. Morgan to complete a form if he had any other business arrangements with the contractor. Mr. Morgan agreed to complete a Conflict Form. Mayor Pro Tem Hoog informed that he had completed a Voting Conflict Form prior to the meeting. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Preliminary Replat of Beachside Townhomes Second Addition. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, Abstain; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearin -q: 3. Motion to Approve: Ordinance No. 21-2005; Amending Chapter 102, Article ll, of the Code of Ordinances Relating to Land Clearing, at First Reading. Mayor Randels read Ordinance No. 21-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II, DIVISION 2 OF THE CODE OF ORDINANCES RELATING TO LAND CLEARING FOR SMALL SCALE EXISTING AND NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES AND SUBDIVISIONS OF THREE (3) OR FEWER SINGLE FAMILY UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels questioned Section 102-40.5 regarding, Permit Requirements. He noted that the Building Official may issue a land -clearing permit regardless of any requirements. Attorney Garganese replied that the new ordinance was relaxed on tree removal exclusive of specimen trees. The language "regardless of any requirements" was subject to the more stringent requirements of specimen protection. Mayor Randels stated that this ordinance provided for tree removal on City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 7 of 12 any single lot. He expressed concern that this would allow for extensive tree clearing. Mayor Pro Tem Hoog clarified that this ordinance referred to either, a single home, duplex or triplex at a maximum on a single lot. Attorney Garganese stated then the developer would need to meet the requirements of Section102.40 under Tree Replacement. Mayor Randels read that the developer would have the option of: 1) paying a $250 fine per tree removed or destroyed, or 2) replacing at a minimum of 4 inches of diameter breadth height (dbh) of desired species, or 3) not required for trees where the tree falls under the exceptions of Section 102.40(b). Mr. Phil Campbell of Surf Drive expressed his understanding that if he purchased three single lots he could remove all trees and replace with up to 4 inches of dbh. Mayor Pro Tem Hoog stated that the City has an ordinance to protect historic trees and this ordinance is an addendum to a main ordinance that addresses excluded trees. Attomey Garganese stated that the Council requested a more relaxed standard for any property smaller than four -units. Mr. Morgan explained that discussion originated from extensive tree growth that begins to damage residential property. Mayor Randels stated that that is a permit exception in Section 102 as emergency removal of trees for the health, safety and welfare of the public or trees harvested for a licensed tree nursery. Mayor Pro Tem Hoog referred to previous discussion that included a question from Mrs. Bea McNeely on how to address tree overgrowth on residential property. Mr. Nicholas concurred and stated that the discussion was specifically on Mr. Lamar Russell's property. Attorney Garganese stated an option to address lot size and a limitation on tree mitigation. Mr. Morgan stated that discussion originated with existing homes and he preferred not to infringe on an owner's rights. Mayor Randels stated that government has a permitted exception to remove a tree for the health, safety and welfare of the public. Mr. Nicholas asked if the Council could make a distinction between a developed and an undeveloped lot. Mayor Randels referred to property such as the Oak Hammock area or the Jamieson property. He stated that trees could be removed on that property through this ordinance. Mr. Morgan stated that a tree of equal value would be a benefit. Mayor Randels replied that some trees are not of equal value in the tree mitigation process. Mr. Boucher stated that mitigation is the criteria for tree removal. He said that the City has requirements for new development. Mayor Randels stated that lot size was not addressed in the proposed ordinance. The existing Code addresses larger lots. Discussion followed that the size of the lot was not a criteria to build a triplex. Mr. Petsos reminded that previous discussion included shifting the footprint in order to preserve trees. He stated that the addendum was added to give permission to those who chose to develop two or three units. Mr. Boucher referred Mayor Randels to the new requirement in Section 102-45 for development of single-family, duplex and triplex development. City of Cape Canaveral, Fiorida City Council Regular Meeting November 15, 2005 Page 8 of 12 Discussion continued on the possibility of infringement on a property owner's right to develop their lot. Mr. Boucher stated that the proposed ordinance called for tree mitigation that did not exist in the former Code. Mr. Morgan expressed that the Council could not deny a property owner the right of development. Mr. Petsos stated that some provision should be included to retain some of the trees on the lot. Mayor Pro Tem Hoog stated that additional language in the ordinance and further review may be required. Mayor Randels expressed his concern with the word "regardless" and requested to add more definitive language. Mr. Morgan explained that the proposed ordinance set out requirements for a single lot; however, this would more specifically address larger lots. Mayor Pro Tem Hoog asked about the possibility of encroaching within a property owner's own setback. Attorney Garganese related how discussion occurred on shifting the development within the setback. The City Attorney will return the ordinance with additional language. RESOLUTIONS: 4. Motion to Adopt: Resolution No. 2005,42; Appointing a Mayor Pro Tem. Mayor Randels read Resolution No. 2005-42 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels nominated Bob Hoog to serve another year as Mayor Pro Tem. A motion was made by Mayor Randels and seconded by Mr. Morgan to Adopt Resolution No. 2005-42; Appointing a Mayor Pro Tem by Inserting the Name, Bob Hoog. The vote on motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. City Manager Mr. Boucher reported that the subject offer for the AJT property was respectfully declined. Mayor Randels suggested a workshop to discuss the next course of action. The City Manager suggested a City Facilities Workshop for Tuesday, December fit' at 5:00 P.M. Mr. Nicholas noted the Staton property. Mr. Morgan suggested transferring the Police Department and retaining the campus style. Mr. Nicholas agreed with Mr. Morgan's concept. Mr. Boucher will include the Staton property and any previously discussed information in the Workshop packet. Mr. Boucher informed that the Port deputies currently report to the Canaveral Precinct. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 9 of 12 • Mr. Boucher informed that State Representative Bob Allen filed House Bill No. 313, the Clean Oceans Act that would apply to all Florida ports and Gaming Ships. He encouraged Council's full support of the Bill. • Mr. Boucher reported that the City was added to the funding list of the Florida Department of Environmental Protection for $286,000 for Phase II of the Central Blvd. Canal. • Mr. Boucher reported that the Center Street landscaping project is underway with Benko Construction. • Mr. Boucher welcomed Mr. Nicholas back to the Council. 2. Staff City Treasurer • No report. Recreation Director No report. City Clerk No report. AUDIENCE TO BE HEARD: Mr. Pat Campbell of 307 Surf Drive spoke in regard to the Special Exception for a Conveyor Belt System and the fragmented manner in which the project was presented. He planned to address some project specifics. He noted a huge pile of aggregate rock and stated the rock pile was central to the operation. Mr. Campbell stated that in the City Council minutes the system was stated to be 1,700 feet. He clarified that the first phase is 1,700 feet; however the total completed length would be 6,000 feet and comparative to State Road A1A. Mr. Campbell stated the project was not presented as a three-phase project. He stated that the hours of operation were also not clearly presented. Mr. Campbell informed of a possible twelve-hour operation. He noted one set of minutes that stated a half-day operation to move the pumice. However, he found that the design was intended to move 3,000 pounds per hour and three million tons in the first year. He said that the 1,000 represents a single ship all day long. Mr. Campbell informed that citrus pellets are also included in the transport of aggregate and pumice and this was not disclosed to the City. He stated that different elements were presented with different City decision making bodies. Mr. Campbell commented on the noise level and said that this system abuts some residential properties. He stated that one of the City's criteria was no rock would be present until operation and rock is City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 10 of 12 present at this time. Also, the rock is being processed without a sprinkler system. He also noted a reference from the Board of Adjustment minutes that adjacent property owners were notified twice; however, there were some people not included in the first notification. Mr. Campbell commented that the land was cleared and the City inspected subsequent to the removal. The City recommended fines of approximately $500,000. The City Attorney was asked to find if those fines were statutory and Mr. Campbell saw no response. Mr. Campbell informed that Phase III encompasses 28 -acres that would enter the City limits on property owned by the Port. Mr. Campbell expressed concern with the full scope of the project. He asked that the City obtain full disclosure on the project. He stated that much of what the City agreed to was not adhered. Mayor Randels replied that the City Manager would compile all of the recommending Board's previous discussion. Mr. Campbell restated his concern with a 7 -day, 24- hour operation due to the number of processing hours. Mr. Morgan approximated 8,760 per year and the conveyer would run 118 of that time for a 3 to 4 day operation. Mr. Nicholas stated that one of the comments made during discussion was a ship was in Port might require expedited operation and longer hours. Mr. Nicholas asked the City Attorney if there was a way to revisit that Special Exception. Attorney Garganese replied that there is procedure in the Code for such a matter to return to the Board of Adjustment. Discussion followed on a course of actions if no conditions were applied to the Special Exception. Council members requested a copy of the Code Board Agreement on the tree mitigation. Mr. Campbell stated that he viewed the web site, reviewed the minutes and read the Port Canaveral newsletter to gather information on the project. He did not see, however, any of the things that Mr. May committed to perform. Mr. Campbell informed that Mr. May stated that he had a permit from the St. John's Water Management District, but he found no evidence of it. Ms. Marilyn Rigerman of 405 Adams Avenue asked if the Council planned to return from the table the Resolution to reappoint her to the Board of Adjustment. Mayor Randels replied that all appointments were tabled prior to the election and would be placed on a subsequent agenda. She stated her interest to return to the Board as she served for 24 years. Ms. Rigerman commended the Council for adopting the Code of Conduct, but commented on the irony in legislating member conduct. Ms. Shannon Roberts expressed that the physical appearance of the conveyor belt influences the City's aesthetics. Mr. Campbell replied to Ms. Roberts that the Port intends to embellish the system with artwork. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 11 of 12 3. City Council Mr. Nicholas No report. Mr. Petsos + Mr. Petsos asked to see the sidewalk on North Atlantic Avenue completed since the water table has subsided. • Mr. Petsos asked what the City could anticipate of the $3.8 million that the County has available. Mr. Morgan • Mr. Morgan thanked the City Manager for the progress made to clean up Ridgewood Avenue. Mayor Pro Tem Hoog Mayor Pro Tem Hoog reported on Space Coast League of Cities discussion in support of a One -Cent Sale Tax for County transportation needs. • Mayor Pro Tem Hoog informed that Brevard County Recycling Board asked the Space Coast League of Cities to ask all cities to request that local businesses recycle on a voluntary basis. • Mayor Pro Tem Hoog reported on a Growth Management Committee Meeting on Monday, November 2181 at 3:00 P.M. in the Florida Room. • Mayor Pro Tem Hoog reported that the Legislative Committee affirmed the five submitted issues: gaming ships, annexation, fireworks, stormwater and insurance reform. • Mayor Pro Tem Hoog also reported that the League would support a Fireworks ordinance however only in the form of a letter. There was no inclusion of fine distribution to the cities and reference was made to sales but not discharge. • The League reminded of a gift exchange purchase of no more than $10. • Mayor Pro Tem Hoog asked about the north end of the sidewalk near the Radisson. The City Manager would address. Mayor Randels • Mayor Randels stated that he would like for the Council return to reviewing Land Development Code. • Mayor Randels reported that he spoke with Space Coast Area Transit and there is a provision for a safety clear zone. • Mayor Randels reported that Commissioner Pritchard asked how the City would like to see the funds for the roads. Mr. Boucher replied that he spoke to the County Engineer and he recommended holding the paving funds for an Interlocal Agreement. City of Cape Canaveral, Florida City Council Regular Meeting November 15, 2005 Page 12 of 12 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 12-06-05 AGENDA Heading Consent Item 3 No Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2005-43, APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2005-43, appointing Mr. Earl McMillin as a regular member of the Board of Adjustment. Summary Explanation & Background: Mr. McMillin"s term will expiry; on 10-01-2008. Please advise. Exhibits Attached: Resolution No. 2005-43; Letter from Mr. McMillin City Manager's Office Department LEGISLATIVE ca.p'�=ilrrCkim\Aiydorumeri s 01ain\,-c5<ncj I \meetirig\2005\12-06-05\2005-43.doc RESOLUTION NO. 2005-43 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 11-2005 (Zoning Code Section 110-2) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Earl McMillin is hereby appointed as a regular member of the Board of Adjustment of the City of Cape Canaveral, Florida, with term to expire on October 1_2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 6th day of December, 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY Cape Canaveral, FL 3292U Dear Mr. McMillin: ;ity of Cape Canaveral Your term on the Board of Adjustments expires on October 1, 2005. Please check the box that indicates your desire to continue to serve on the Board for another 3 -year term and return this notice to your Board Secretary or the City Clerk. The resolution to re -appoint you as a Board member is scheduled to appear on an upcoming City Council Agenda. Thank yo 1 DO wish to be considered for reappointment ❑ I DO NOT wish to be considered for reappointment. y � (Signature) Earl McMillin, Member Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.mvflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Earl McMillin s P.O. Box 1086 f Cape Canaveral, Floridaf 32920-1086 Telephone: (321) 783-8834+ 1 ✓' E-mail: emcmillinjd@yahoo.com Halloween 31 October 2005 City of Cape Canaveral City Clerk 105 Polk Avenue Cape Canaveral, Florida Hand Delivery Dear City Clerk: Some weeks ago you sent me a letter asking if I wished to be re -appointed to the Board of Adjustment and advising that if so my request would be placed on the City Council agenda. 1 responded that I did wish to be re -appointed. When this matter is placed on the agenda would you please be so kind as to notify me. Thank you. Sincerely, Earl McMillin Meeting Type: Regular Meeting Date: 12-06-05 AGENDA Ilcadinc Consent Item 4 1 n. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO, 2005-44, REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2005-44, reappointing Mr. Norman Boucher as a regular member to the Construction Board of Adjustment and Appeals. Summary Explanation & Background: Mr. Boucher's term gill expire 1211512007. Please advise. Exhibits Attached: Resolution No. 2005-44 City Manager's Office Department LEGISLATIVE cag -'n \kzm\myd ,,, a mtin\counr_i aneeCS sg\005112-06-GS\2005-44 ctac RESOLUTION NO. 2005-44 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS. Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Norman Boucher is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral. Florida, with a term to expire on December 15, 2007a SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of December, 2005. Rocky Randels. MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK ,dim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY Cape Canaveral, FL 32920 Dear Mr, Boucher: City of Cape Canaveral Your term on the Construction Board of Adjustments and Appeals expires on December 15, 2005. Please check the box that indicates your desire to continue to serve on the Board for another two-year term and return this notice to the City Clerk. The resolution to re -appoint you as a regular board member is scheduled to appear on the City Council Agenda of Tuesday; December 6, 2005. Thank you. X- \ I DO wish to be considered for reappointment. JX ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Construction Board of Adjustment and Appeals, Member 0) 9- . R e.) ,, IIt IC Sincerely, Sus n Stills. C C CITY CLERK CA11tc\ nr.l 11}zg�oS n T'oc- 611Atli 1! 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 Meeting Type: Regular Meeting Date: 12-06-05 AGENDA H�•adiag Consent I[em 5 \n Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-45, APPOINTING AN ALTERNATE MEMBER TO THE PLANNING & ZONING BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2005-45, appointing Mr. Harry Pearson as a second alternate member of the Planning & Zoning Board. Summary Explanation & Background: Mr. Pearson"s term will expire on 09-15-2008. Please advise. Exhibits Attached: Resolution No. 2005-45; Application City Manager's Office Department LEGISLATIVE { cape."�rtt im\ do admin\cou e.eting\2005\12-06-05\2005-45 doc RESOLUTION NO. 200545 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida; as follows: SECTION 1. Harry Pearson is hereby appointed as second alternate member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral. Florida, this 6th day of December, 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY uate: uecemger i, zuu5 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Appointment of a 2nd Alternate Board Member - Harry Pearson The Planning & Zoning Board interviewed applicant Harry Pearson to fill the 2nd alternate Board member opening at the meeting held on November 30, 2005. The Board unanimously recommended that City Council appoint Harry Pearson as the 2nd Alternate. Please note that Mr. Pearson will tender his resignation from the Construction Board of Adjustment and Appeals and the Library Board if appointed as a member to the Planning and Zoning Board. Please schedule this member appointment on an upcoming meeting agenda. 105 Folk Avenue • Post Office Box 326 • Cape Canaveral, Fl, 3292-0-0-326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1:247 www-.rnyflorida.cornlcape • email: ccapecanaveral@cfl.rr.com \ovember 14, 2005 Susan, Mr. Pearson is currently a member of the Construction Board of Adjustment and Appeals and the Library Board. He would like to become an alternate member of the Planning and Zoninu Board to be of service to the City as these other boards don't meet very often. If he should be appointed to the Planning and Zoning Board he would resign from the Construction Board. Please schedule Mr. Pearson for an interview at the next meeting of the Planning and Zoning Board. Thank you, Virginia ' � l T/on� 7r1 f � ACED V E NOV 1 4 200 j CITY OF CAPE CANAVERAL_ NOV 14 2045 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOA OMMITTEE Pursuant to Section 2471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an on. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address: J % _ 1; }� �� 7Z 3. Home Telephone: � Occupation: ation: P 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County'? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a " conviction for purposes of this question. (YTS (N) 3b. If yes to 3a, have your civil rights been restored? (N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) 4b. If yes to 4a, please list each: 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? M (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly stateyou_r interest in serving on a Citi advisory board or committee: 2. Briefly state any prior experiences in serving on any governmental board or committee: L h 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: .f 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C_ Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* i Library Board. Planning and Zoning Board* Recreation Board Other. *Members of these boards are required to complete and file with the Supervisor of Electons a Financial Disclosure Form upon appointnvnt to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE African-American Asian -American Hispanic -American Native American Caucasian Not Known GENDER Y i Male Female Not Known DISABILITY Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. - Signature: -J Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Meeting Type: Regular Meeting Date 12-06-05 AG NDA Hcadine ConWnt Item 6 No. Bonus List AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of the employee Christmas bonus. Summary Explanation & Background: This is a budgeted item, and I recommend approval. See attached bonus list. Exhibits Attached: Bonus List City Manager's Offiee , Department LEGISLATIVE C�ktr(\myctfacument53 rin\count2005\ 2-06-0S\bon1:s.doc Memorandum To: Bennett Boucher, City Manager From: Andrea Bowers, City Treasurer Date: 28 November 2005 Re: 2005 Christmas Bonus' It is that time of year and I have attached a rundown of the Christmas Bonus', due to be distributed at the Christmas Luncheon on December 15th. Please place this request on the Agenda for the upcoming Council Meeting on December 6th. 599.75 565.34 FICA 8,439.76 7,955.34 331.74 9.52 222.16 1.91 4,668.24 134.02 3,126.16 26.91 as ° �+ 2005 CHRISTMAS BONUS ?� " a 3 0 ..J& EMP. o, �?3 = a� Hire Fund mound # a Funtt if Fund #' 0 Fund # # Name Year 2004 2005 Account# 001 105 401 403 1003 Boucher, Benne 1013 Bowers, Andrea L 1995 157.50 172.50 001-02 120.75 51.75 1005 McIntire, Kim 1993 190.00 205.00 001-02 143.50 61.50 1020 Marks, Helen 1996 145.00 1178 Lawson, Edward 2004 - 25.00 001-02 17.50 7.50 1146 Haas, Virginia 2001 70.00 85.00 001-02 59.50 25.50 1186 Lasey, Timothy 2005 - 25.00 001-02 12.50 12.50 1009 Stills, Susan 1994 175.00 190.00 001-02 133.00 57.00 1111 Puleo, Cheryl 1993 177.50 192.50 001-02 96.25 9625 1051 Chapman, Susan L 1989 250.00 265.00 001-06 265.00 1150 Watson, James 2002 42.50 1163 Alexander, Duree B. 2003 40.00 55.00 001-09 55.00 1174 Clements, John Dennis 2003 25.00 40.00 001-06 40.00 1177 Haley, Robert 2004 25.00 40.00 001-06 40.00 1118 Lombardi, Linda J 1998 115.00 130.00 001-06 130.00 1152 Morley, Todd 2002 55.00 70.00 001-06 70.00 1019 Richart, Michael 1992 20500 220.00 001-07 220.00 1018 Barker, Scoot 1996 145.00 1189 Geddes, Frederick 2005 - 25.00 001-07 25.00 1106 Daine, Francis 1995 160.00 175.00 001-07 175.00 1007 Davis, Timothy J 1996 145.00 160.00 001-07 160.00 1103 Dawson, Cathy 1991 220.00 1187 Castillo, Jose 2005 - 25.00 001-07 25.00 1107 Evans 11, Donald W 1990 235.00 250.00 001-07 250.00 1104 McKee, Kay O 1991 220.00 235.00 001-07 164.50 70.50 1188 Parman, Richard 2005 - 25.00 001-07 25.00 1147 Robins, Glen 2001 70.00 85.00 001-07 85.00 1012 Akery, Carl 1966 595.00 1061 Bandish, Walter M 1990 220.00 235.00 401-10 235.00 1168 Beedie, Davina S 2003 40.00 55.00 401-10 55.00 1172 Boes, Ed 2003 25.00 40.00 401-10 40.00 1102 Clark, June A 1986 295.00 310.00 401-10 310.00 1145 Cooper, Chester 2001 70.00 85.00 401-10 85,00 1062 Cordero, Carlito 1998 100.00 115.00 401-10 115.00 1063 Dasno, Barbara E 1990 220.00 235.00 401-10 235.00 1156 Deines, Gregory A. 2002 55.00 70.00 401-10 70.00 1023 Dujardin Thomas 1996 145.00 1183 Hall, Florance 2005 - 25.00 401-10 17.50 3.75 3.75 1056 Fox, Raymond W 1989 250.00 265.00 401-10 265.00 1029 Gardulski, Edward 1997 130.00 14500 401-10 101.50 21.75 21.75 1129 Hardy, Cathy 1999 100.00 11500 401-10 80.50 17.25 17.25 1170 Martin, Jerry 2003 40.00 1184 Swingler, Michael 2005 - 25.00 401-10 10.00 11.25 375 1065 McCormack, Larry 1991 220.00 235.00 401-10 235.00 1175 Petty, Marvena 2004 25.00 1185 Pantaleo, Philip 2005 - 25.00 401-10 25.00 1011 Prince, Paul E 1989 250.00 265.00 401-10 265.00 1179 Skrocki, Rita 2005 25.00 401-10 25.00 1068 Taylor, Melton J 1992 205.00 220,00 401-10 220.00 1045 Veenstra, Kenneth 1990 235.00 250.00 401-10 25000 1180 Ratliff, Jeffrey 2005 - 25.00 403-18 25,00 1138 Hammons, Michael 2000 72.50 87.50 001-11 87.50 1120 Carrigan, Barbara 1998 102.50 117.50 001-11 117.50 1125 Fulton, Brenda 1999 87.50 102.50 001-11 102.50 1032 Hanson, Nancy L 1978 415.00 430.00 001-11 430.00 1037 Norman, Francoise 1983 327.50 342.50 001-11 342.50 1043 Welton, Donna 1986 282.50 297.50 001-11 297,50 1169 Butterworth, Janice E. 2003 2750 42.50 001-11 42.50 1176 Tustin, Kathleen 2004 12.50 27.50 001-04 27.50 1166 Morris, Charlene 2003 27.50 42.50 001-04 42.50 1167 Rockey, Karen S. 2003 27.50 42.50 001-04 42.50 1182 Kowalsky, Albert 2004 - 12,50 001-04 12.50 - TOTAL 7,840.00 7,390.00 4,336.50 124.50 2,904.00 25.00 599.75 565.34 FICA 8,439.76 7,955.34 331.74 9.52 222.16 1.91 4,668.24 134.02 3,126.16 26.91 Meeting Type: Regular Meeting Date: 12-06-05 AGENDA FIeadlne COnsent I[em 7 No Outdoor Entertainment Permit AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE, CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR TENTH ANNUAL REINDEER 5K RUN/WALK FOR UNITED WAY OF BRF.VARD COUNTY DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council approve the permit for this event. Summary Explanation & Background: See attached application for details. The route is the same as 2004. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit City Manager's Office Department ADMINISTRATION capdoc CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No.�y Date: 1 t2 The applicant or representative agrees to he on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: :a _ ' to 1 Title: U Firm:. e 1 C` `� . r� -2, C��-s{—._ _.. Address: C` CL -L, J G Telephone: FAX:-. 1 t 1!..'> 1 Local Contact:- L .2c,'c� Title: Local Address (if different from above) Type of Event:�1% r N (y Event Date(s) in Cape Canaveral: J�,'- �a vitl�;t !. �� f'r (.. `)r v kr r Location(s): Date(s) Time Y' Attach map(s) indicating event area and designated parking areas. Traffic Control %Use of Police/Fire Rescue Equipment ,Street Closing n, JVehicles/Equipment on Beach Other 1 Vehicle Parking on City Property Specify- l l - os t o t �t 1 :� Z u. �� ��c - t J r 1 1Y' S j} tLu kc[ By signing this application, the applicant acknowledges and agrees to the following provisions: INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Expiration Date, Policy No: II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSESIFEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. ) �,1 (A SCC I a Date !L, - s .k -Applica tor Represei: ative/Title — ` Approved by City of Cape Canaveral: City Representative's Name:_V {"rNr Title: Signature:__ Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 l S7✓4iE t' r 40Q' 1 LCL 1 SE LNE f (APIM 2407) ti t J Pcl W .Z Stottber Stagg Associates� - - Areiss�x'� Engneera planaon, I= AVE EE?rYrHE PC46D ;h.5 An.V= OCEW i0 -ERT:F[';A-E CF :NS.RAHCE T'ne :Cf"wary -,.',_aced below cert'Tigs -^Surdre a`f� P_r ,y e ppb, _y or 1C11C"es r:UmperPd wed �e �W l� `'T ce as c'T the vftgc-�lve cat- -h.'is =-rt'fl'(-3te, -s tl-,..ats r rC? dGe� "Gt ampd. extend. Cr czrEr'Nlsaa',-2r the -ems and Ccnd `-lois Insurance --average con-a'red cny u0'iCy 7umDered cnG nese: bec below. FRTIFI-A-E HCLDER :N5 RED 1J -I'- ANNLAL RL;NGEER RLN 5X UNITED iNA." CF BRE-VARC C'HERH CCW3N PARS COUNTY. INCD'RPCRAT;CN CAPE CA AVERAL. F'_ 32920 93 D:XCN 3LU3 CDC, --A. FL 32922 - Owned POLI -Y NUMBER I POLICY POLICY 1 LIMITS OF LIABILITY Prcperty Damage , TYPE OF INSURANCE & ISSUING CO. JEFF. DATE 'EXP. DATE _ ;*LIMITS AT INCEPTID'Ni Comte red Se _tm it 1 LIABILI-'� ' 7-BO-a921d6-3001 C2-28-05 j 02-28-06 I i I I Pne-i!Cc-nn "psiDisease �X] Liab,li are P!AT:QNIdrCE Any One Ccccrrence......., ST ATUTCRv _iMITS Medica'. Expense MUTUAL I 6 C3mce,•s6 cr ?cd,-Iy :n;ury uy ?is=a�� Persona' and INSURANCE CO. Included 'n Above - Any Ore Person or Advertising In„uryl 1 Organization [X] Medical Expenses 1 ANY ONE ?ERSON ..... . .. 5 5.000 Fj Fire Legal j any One Fare or Lxclos'cr $ 50.000 LiaDi ty '.5e,,eraI Aggregate* ... .. 5 2,000,D'C j �rcriCcmC. Ops Aggregate" - 's 1.'�CC.000 I AoT(-'MCEI'_E AABI! IT`! BLS -.NESS AL � ?oc iy`njp'y a aprscn) 5 - Owned Facn AcC red Prcperty Damage C ] Ncn-CWred ,Each Accicent) _ Comte red Se _tm it S EXC�S L[A6ILITY--- I i I I Pne-i!Cc-nn "psiDisease ST ATUTCRv _iMITS ] ;iorkers' X00 LY IN,,JRy IHN- 6 C3mce,•s6 cr ?cd,-Iy :n;ury uy ?is=a�� and jA' -MF_ - ...... .. = ] Eno'oyers' Bc;ui'y [njja-y „ Disease Liab'' -y i POLN'Y '__MIT .. .. S�culd any of the above descrlbed pcl-cies be carce-led 'tief�:re -he exoirz-r.-7-n da --e. the insurance company w, 1 encea'for to ma .,1,l -,ter rctiC_ =(,, the above ramed ce-,i`ica:e '`c'.ter . but failure UC mail such nCsice shall impose no oblicat'-)n Dr liab 1-ty goon the ccmpary its agents. o�- represen~at=ves. -frective Cate ,t ..ert:ticate: C2-28-2005 Date Der ifi ..,... Issued' DESCRIP-ICN OF OPERATIONSILOGATIC!NS '�E'-:��ES/RESYRiC7ICNS;SPECia� [-EMS G(CE'1BER ''i 2005 F'VFNT LATE Au`hcrizea Repr2s2ntus've� riMSERLY JONES c•untersigned at:. /I rC,3 S 'WASHING -ON AVE. PAUI ._ 1 11/29/2005 15:36 3216331850 PARKS & REC CENTRAL PAGE 02/03 &&ff/- lry7• �_9cf6 APPLICATION FOR WAIVER BREVARD COUNTY BOAR© OF COUNTY COMMISSIONERS PARKS & RECREATION DEPARTMENT AREA- 0 NOS7M 0 CENTRAL-MAINLANDENTRAL-MVOCH8 0 SDUTH 0 CAMPGROUNDS Name C uzp r c - a r . Representing- J jrz r 4r_ Wan 6-(- -' 93? � 1 Xc� ,rd, �,.. z1 X031-�.�i Address -�1C-ity--ICD( 0CA Zip,�4Phone 3 K•�n 1C. clr't �Jak f �- Cite C 27n vy DESCRJPT}ON OF ACTIVITY: Wha n�ee� Where ,Due Date 17`/ i O) +]"�— Time b ,Cb �'5�.._. Estimated Attendance_ Y7 Admission Ctwrge jt - Purpose of Activity dM126" ::J2 l;2ct2E= 4- u►n I, -ax Brief description of owaNzation.,its purposes, goals and pertinent Non-Profk7 XYes ❑ No Does the organization assume responsibility for supervision? 0 Live or amplified music on parte facHity as a primary function. Artic-� f] Section 18-144 (2) Alcoholic Beverages—To allow possessioryealeldo cation of akcohoiic beverages. 0 Section 18.105 (8) Waiver of general comprehensive liability insurance and in lieu, prome hold harmless affidavit. Field reservation deposit for softball toumaments must be paid before submitting request far waiver of insurance. Sections 18-2 and 16-103 Waiver of facility use fees per Policy 13CC-39. 1. The applicant may appeal the denied fee or softball insurance waiver to the Board of County Corn"dssionera, 2. A written appeal request must be submitted to the appropriate Parks Opematrans Director or designees whhhin fire; (8) days after notification of the denied waiver. 3. The Parks Operat' dor ar designee must then request placement of the appeal on the Board of Countjr Corrirr�sioner's Ag a f askderatio Appl'icant`s Sigmrture�• Valet o - _ WAN" Mier eE s�alao sir u� oiFlOEn of td� OIIfl/r17A1fOM.) --- -------------------------------------------- Department Use Only _--__------________--_______----__ Criteria for Waiver of Fees: (Check appropriate box.) ❑ 1. Aclivlties which are sponsored and co-sponsored by Brevard County for a public purpose. ❑ 2. Activities sponsored by other governmental agencies. S. Activities sponsored by groups, organizations or Individuals where proceeds are given to charitable causes. organizations, individuals or Brevard County facilities or programs. ❑ 4. Activities sponsorigd by orggnizations tp which SmYW County Is a mern,.,pl er, Cornrnetrts: Fee Waiver Request' Recreation Sucerinte Other Fee Waiver Request: e . r4,innibiridedIq Other RequestsParks Operations Division D or Fee Waiver Request: 0 Reoommemmen Other RequestsPerks & Re`o eMlon Department DirDate Wailvesr of Gerieral Comprehensive Liability Insurance for Sofiball Toumaments: ❑ Approved ❑ Not Approved Penia & Reoreation Departmerd Direotof/Deslgno6 Date paisocu.aera tilft) _ NO „` i� 2005 AH. �.s3, s :.. 11/29/2005 15:36 3216331650 PARKS & REC CENTRAL PAGE 03/63 Brevard County Parks & Recreation Department APPl[ YrATInN FOR USE PERMIT Date Applicant's blame COPY OF ID k)k Day Phone C 1 _(Q. 'fit ' d- i 7U GYGiII 11� _ "" Organization/Group Natne(ifapplicable) Applicant's position/connection with Organization/Group (if MailingAddress 9. .n D4O \Iral -- Park Name and Facilities Requested Event N acne _ Event Date(s) ADO Times (Including Frepart;tionlCleartup) �.uvcLu Dv Al Received Facility Rental Rules ZOE ❑ No .7i�EPoCtoa7SvcToeECOMFLEs9DBYSrxra......�................ .............. ....-.... No - r C,mr„,,-- co" PIERM T CATEGORIES (CINCKOKE) ❑ CATEGORY 1v private (private Groups, Qrganimtions, Individuals) ❑ CA7Tix;okY I 5ponsoredlCo-5ponsoted © ©CAf?nRY _ p�re5�eeeh ��r�-,otty II Recreation Partner ATEGMY III Not for-ProfnlExcmpt (Must qualify for tax exempt C status pursuant to SDI (c) criteria of the IRS Code) GcasMM of Ewmrptiaa (Florida) sol(c)CIAleia x CtN1DITION5 (Cf�CrC AL IL LNTucAs C NIGH Rlsts CoNalTIONS: INSURANCE RHQUIRED (CWCK iLLAPPtLWABL9) (VAvity open to public giver Requested ❑Athletic evepts with physical contact �Sissian charged jler of Request 0 Alcoholic beverages and open to the public: liquor liability required A7collei•IJ0 C] Sale of food items for fractions open to the public Security �p ❑ Amplified mu4ic primary to fiutetion with over 200 people expected sic (Type C1Cowmercial activities as defused in Cbapter 78, Brevard Coux►ty ,��o Code, and herein, whet such activities are open to the public m GC G -m . THE PAitKIFAC Q 71Y YdV HAVE ItgQtl� IS LOCpT9D 7JflWW TR)_,CITY 'LDVETS AP rIQ V fJ'� PLEASE corrracr THAT CITY To DETERr., M IF rc HA$ AM R13QtJMEM15Ttr(S) YOU MUST MEET. ?Axwar a FeEs FRom COLum N A x (C) DEPOSM (A} T11aGAt3t! FESS A separare payment is always required for {B) Nvt.-Tn:tABt E FEES deposits Facility Rental Fee: 5 Facility Rental Fee, �— fiL/r� 5 C� Cleanup/Parnage CcaE Employee Fcc: tpLj Deposit S AMitiotral Fees: Rweipt # �� Date Additional Fees' $ 3 — - �' f C.11% clack El S $ Key Deposit $ .. L3Tourist Tax Receipt # Da1e Fla. State Sales Tax: S S P Sub utal x Sub Total S PVRsrlANT To CHAPTER 11.9, VLOILIDA'a VUUMC RECORDS Act, .--..� CiFtwNn 7`oxAr. s `�_ THIS COAD IS A F MLIC DOCUMENT THA 7 t+r4Y I - RQsnCTE0 ANDlott COPWI). IF YOU EUINE AJ" POKMN OF TWs Docuf,'r CONTAINS LI,'PORMASION THAT LS ZXEMrT FROM D7S_-LOSUR>:, RECF.SPT # �_DAT9 _ RECEIPT DATE DATE PLEASE VOT FY VS IN WRWNG AT: [YN RAT. ARP.A rAILUS DPLRATIOA'S 0TnCX Astot7w S ATS "T S 840 roRPZ$T AVL, aocO^ WL 32922 1 ata 18 years of age (21 years of age if alcohol will be present) or over and understand as a reptasentskbve of mid evemtlOrgamzatiM that I take full C rental rules onatbility for each and every puticipent of said function. I have read mtd agree to follow tht of any personal injury or property damage have beets given fax my activity. 1 damage mve any and al l. claims again t the Beard of County Comrnissioners and its employees and agents arising out It is ed during said ction I have also read thel i tf tion on the reverse side of this c�lt2th►h =it and agree A✓ f tans and conditions hereofic). � V nt �Ie Ia Ae AP a i alt ca eaeanars.4pprov O� PR-108-C6-PC3M (03105) 11/29/2005 15:36 3216331850 PARKS & REC CENTRAL PAGE 01/03 Brevard County Parks and Recreation 840 Forrest Ave Cocoa, FL 32922 (321) 633-1874 (321) 633-1850 fax Parks & Recreatioti BREVARD COUNTY To: Kim Date: November 29, 2005_ Fax: 868-1224 Pages: Cover + 2 Subject: Reindeer Run From; Cathie Schanz w, Please call if ❑ urgent ❑ For Review Phone: (321) 633-1874 pages are not transmitted. ❑ Please Comment As we discussed, let me know if you need any additional infonnation. Cathie ❑ Please Reply CENTRAL AREA PARKS OPFRATIONS—MAINLAND Brevard County Parks and Recreation Department 840 Forrest Ave., Cocoa, FL 32922 Phone: 321-633-1874 • Fax; 321-533-1850 • Web Site: www.brevardparks.com A_ti,J SEMEIN'TS AND ENTE'TA_:NMENTS ARTICLE I. IN GENTERAL Secs. 10.1-10-25. Reserved. ARTICLE II. A&IUSEMYNT DEVICE CODE* Sec. 10.26. Adopted. (a) The Standard Amusement Device Code, 1985 edition, published by the Southern Building Corte Congress International, Inc., is adopted by reference as though it were copied fully in this article, (b) Whenever the term "administrative authority" or "official" is used in the amusement device code adopted in this section, it shall be con- strued to mean the building official of the city or his authorized representative. (c) Any person who shall violate or who shall fail to comply with the code adopted in this sec• tion or who shall violate or fail to comply with any order or regulation made under the code adopted in this section or who shall build in vio- lation of any detailed statement or specifications or plans submitted and approved under such code or any certificate or permit issued under such code shall, for each and every such violation and non- compliance, respectively, be punished as provided in section 1-15. (Code 1981, H 628.01-628.03) Sec. 10-27. Amendments. The amusement device code adopted in section 10-26 is amended as follows: ( 1) Section 108.1 is amended to read as follows: Appointment- There is hereby established a board to be called the construction board of adjustment and appeals, which shall con- sist of five members. The board shall be appointed by the city council. 2) Section 108.2 is amended to read as follows: 108-2. Membership and Terms. 'Cross reference—Code enforcement, § 2-246 et seq. § 10-46 108.2.1 Membership. Members of the con. struction board of adjustment and appes,ls should be composed of individuals with knowledge and experience in the techpical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case ::n which he has a personal or financial in- terest. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any :member from required meetings of board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. V (3) Section 108.3 is amended to read as follows: 108.3 Quorum and voting. A simple ma- jority of the board shall constitute a. quorum. Secs. 10-28-10.45. Reserved. ARTICLE III. OUTDOOR ENTERTAINMENT; DIVISION 1. GENERALLY Sec. 10-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Outdoor entertainment et;ents means any gath- ering of groups or persons for the purpose of par- s Cross references—Cade enforcement, § 2.246 et sea.; parks and r ecreation, ch. 54; streets, sidewalks and other public places, ch. 66; buildings and building reguCations, ch. 92; zoning, ch. 110. CD10:3 § 14-46 CAPE CA'NAVEi-AL, CODE ticipating in, viewing, observing, watching ar lis. tening to entertainment which consists of musical renditions, sporting contests or events, festivals ar other entertainment not conducted within a completely enclosed structure. (Ord. No. 23-92, § 1(729.01), 12-1-92) Cross reference—Defi-iitiors and ruies of construction gen- erally, § 1.2. Sec. 10.47. Compliance with other laws. The staging, promoting or conducting of an out. door entertainment event shall be in full and com- plete compliance with all zoning and land use Iaws in subpart B of this Code, beverage license Iaws and other laws, ordinances and regulations appli- cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10.48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-15. (b) The city council may revoke the special out- door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational Iicense upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 10-49. Occupational license required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational Iicense as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23-92, § 1(729.02), 12-1-92) Cross reference—Occupational license taxes, § 70-88. Sec. 10-50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec. tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, asso- ciatian or group if such outdoor entertainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and approval of an outdoor enter- tainment event promoted by such organization, association or group shall be based upon a suffi- cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.0$), 12-1-92) Secs. 10-51--10.60. Resezved. DIVISION 2. PERMIT Sec. 10-61, Required. Any person desiring to stage, promote or con- duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 23-92, § 1(729.03(A)), 12-1.92) Sec. 10.82. Application. An application for a special outdoor entertain- ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate_ the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the foIlo% ring minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are met: CD10:4 (1) Adequate plans for site construction, sani- tation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent cuntral, water supply and food service. For the pur. poses of evaluating such plans, the stan- dards established by the rules of the state AIM-USE-NE_NTS AND ENTTDRTAIN-!LENTS § 10.03 division of health in the sanitary code of the state shall be considered as minimum requirements. For the purposes of this ar- ticle, part IV, chanter 1OD-25, excluding sec- tions 25.077, 25.078, 25.079, 25.080, of the Florida Administrative Code and any suc- ceeding rule, regulation or law shall he con- sidered specifically applicable to the oper- ation of an outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part 1, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facili. ties, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside the designated parking area, ex- cept when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician li- censed in this state on duty at all times for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1„000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- icines, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessary to treat ad- verse drug reactions, cuts, bruises, abra- sions, bites, fractures,' infections and other injuries commonly connected with such out- door activities. i4; An adequate plan for internal security, traffic control, communications, fire protec- tion and emergency services, including am- bulance service, in and around the event area. Such plan shall provide for at least one person professionally trained in secu- CD10:5 rity and traffic control on duty at all times for every 500 patrons, with no security per- sonnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the plan of security, traffic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be implemented, and a detailed background on the training and ability of the personnel to be used in implementing such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event, (8) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups. (7) The names of all persons who will provide products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persons. (8) The exact date and time of commencement and the exact date and time of the conclu- sion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, con- ducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or in- § 10-62 CAPE C-5- AVEF_AL. CODE jury to any one person for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8.94, § 1, 2-1-94) Sec. 10-63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10-64. Cash cleanup bond. Any person holding a special outdoor entertain• ment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The rash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12.1-92) Secs. 10-65-10.85. Reserved, ARTICLE IV. ADULT ENTERTA NMI ENT* DIVISION 1. GENERALLY Sec. 10.86. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Adult arcade means an establishment where, for any form of consideration, one or more motion picture projectors, slide projectors or similar ma- chines for viewing by five or fewer persons each are used to show films, motion pictures, video cas- settes, slides or other photographic reproductions which are characterized by emphasis upon the de- piction or description of specified sexual activities or specified anatomical areas. For the purposes of this article, adult arcade is included within the definition of adult motion picture theater. Adult bookstore means a place that sells or of- fers ffers far sale, for any form of consideration, adult materials, the gross sale of which represents more than ten percent of the gross sales of the place or that comprises more than ten percent of the indi- vidual items it displays on the premises as its *Cross references—Code enforcement, J 2-245 et sea.; reg- ulations regarding nudity on alcoholic beverage establish- ment premises, § 6-27; public nudity prohibited, § 50.2; occu- pational license taxes, § 70.66 et seq.; zoning, ch. 110; adult entertainment establishments permitted by special exception in the M-1 light industrial and research and development dis- trict, § 110.354. CD10:6 Meeting Type: Replar Meeting Date: 12-06-05 AGENDA Heading Considerations Item i3 No I support the recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: LANDSCAPING SERVICES AGREEMENT WITH GREEN BLADES OF CENTRAL FLORIDA DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the approval of a continuing landscaping services agreement with Green Blades of Central Florida as recommended by the public works director. Summary Explanation & Background: If approved, this firm will be our authorized vendor for all landscaping projects. See attached memo and contract from the public works director. I support the recommendation. Exhibits Attached: Proposed agreement; Public Works Director's memo City Managees•Office Department PUBLIC WORKSBEAUTIFICATION c"pPo'.rl 1mem doCum s��dmin\courili�'s!h�eting'�2C05112-06-O�1gx��nblade�.doc MEMORANDUM TO: Bennett C. Boucher ; City Manager FROM: Ed Gardulski ! ✓"' Public Works Director DATE: November 21, 2005 SUBJECT: City Council Agenda Item for December 6th' 2005 Continuing Landscaping and Maintenance Services Agreement The City of Cape Canaveral advertised for Continuing Landscaping and Maintenance Services. RFP no 05-03 and was published in the Orlando Sentinel and Florida Today once on Monday, August 8th, 2005. Qualified firms that were knowledgeable, competent and experienced in planning, designing, constructing, maintaining landscaped areas and performing related services to Landscaping and Maintenance were invited to submit a technical proposal. A copy of this advertisement was forwarded to five (5) Landscaping firms. In addition, the RFP was posted on the City of Cape Canaveral's Web Page. Proposals were accepted until 3:00 on September 8th. On this date, the City received three (3) proposals from firins that all had cxccllent qualifications. Selection will be made in accordance with the Florida Statutes 287.055, Consultants Competitive Negotiations Act. The Public Works Director reviewed all of the proposals and on September 20" City Council approved the ranking the following firms: 1. Green Blades of Central Florida Summerfield, Florida 2. Vila & Son Landscaping Winter Park, Florida Green Blades of Central Florida, Inc. is located in Summerrfield, Florida. The Finn has the necessary resources to provide the City of Cape Canaveral continuous professional services. The firm has teamed up with the Landscape Architect that designed the AIA landscaping project that was awarded by the City of Cape Canaveral in 2002. In addition, Green Blades provides related service to other Florida private enterprises. Therefore, Green Blades of Central Florida, Inc was ranked first. With the approval of City Council, Staff was able to negotiate a contract agreement. Recommend approval of the contract agreement for Continuing Landscaping and Maintenance Services, RFP 05-03, with Green Blades of Central Florida. T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document A111 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH ANA TTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the 7th day of December in the year of Iia=>H&XRd Two Thousand and Five. BETWEEN the Owner: City of Cape Canaveral (Paine and address) P.O. Box 326 Cape Canaveral, Fl 32920 and the Contractor: Green Blades of Central Florida, Inc. (,Marne and address) 11025 S.E. Hwy . 42 Summerfield, FL 34491 the Project is: City of Cape Canaveral (game and address) Continuing Landscaping and Maintenance Services the Architect is: Brad Smith Associates, Inc. (.'Vameand address) 2090 W_ Eau Callie Boulevard, Suite B Melbourne, FL 32935 The Owner and Contractor agree as set forth below. Copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1,978, ©1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT Al 11 • OWNER -CONTRACTOR AGREEMENT • TENTH EDITION • AIA® • C 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N. -W, WASHINGTON, U.C. 20006 A111-1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Condi- tions), Drawings, specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 16. If anything in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specificaily indi- cated in the Contract Documents to be the responsibility of others, or as follows: Continuing Landscaping and Maintenance services as depicted within RFP 05-03 Award by the City of Cape Canaveral Council. ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials, and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expedi- tious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Con- tractor in accordance with requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The date of commencement is the date from which the Contract Time of Subparagraph y.2 is measured; it shalt be the date of this Agreement, as first written above, unless a different date i5 stated below or provision is madc for the date to be fixed in a notice to proceed issued by the Owner. (Insert Vie date of comrnmcenicmt, if it differs from the dale of this Agreer ct or, if applicable, state that the date unitl he fired in a notice to proceed.) [ unless [he date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. AIA DOCUMENT A1I I - OV:NER-CONTItA(:7'OR AGREENlEN'I - TENTH EDITION - AIA' . `.1' 1987 - T}iF AMERICAN INSTITUTE OF ARCHITECTS, 1 35 NEVV YORK AVENUE, N_W'_, V:A.SHINGION, 1).C. 10006 A111-1987 2 4.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date ofcommencen ent. Also insert any requirements for earlier Substantial Completion of certain por- tions of The Work, if not stated elsewhere in the Contract Documents.) As stated within the "Notice to Proceed". , subject to adjustments of this Contract Time as provided in the Contract Documents. (lnseri provisions. if any, for liquidated damages relating to failure to complete on time.) ARTICLE 5 CONTRACT SUM 5.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum con- sisting of the Cost of the Work as defined in Article 7 and the Contractor's Fee determined as follows: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee, and explain host the Contractor's Fee is to he adjusted for changes in the Work.) Exhibit "A" Hourly Rate Schedule And/or as provided within as approved purchase order, for Landscape Services and/or Maintenance Services not limited to the following items: Exhibit "B" LAndscape Trees, Palms, Shrubs and Groundcover. Exhibit "C" Irrigation Supplies. Exhibit "D" Miscellaneous Items. Exhibit "E" Equipment. 5.2 GUARANTEED MAXIMUM PRICE (IE APPLICABLE) 5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed Dollars (.5 subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (lnserl specific provisions if the l:ornraclor is to participate in any savings.) ALA DOCUMENT A111 - OW'NFR-CONTRA(; rOR ACREENIENI' - TENTH ED[TION - AIA''t' -@198-1 -THE AMERICAN INSTITt'TF OF ARCHITECTS, 1735 NEV YORK AVENUE, N.W., wASHINGTON, D.(:. 2(KXX; A111-1987 3 5.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Contract Docu- ments and are hereby accepted by the Owner: (State the numbers or other idenuficatton of accepted alternates, but only if a Guaranteed Maximum Price is inserted in Subparagraph 5.2.1, If decisions on other alternates are to be made by the 0tvner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date until wbich tbat amount is valid.) 5.2.3 The amounts agreed to for unit prices, if any, are as follows: (State unit prices only if a Guaranteed Maximum Price is inserted in Subparagraph 5,2.1.) ARTICLE 6 CHANGES 1N THE WORK 6.1 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 6.1.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Subparagraph 7.3.3 of the General Conditions. 6.1.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of the General Conditions and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of the Gencral Conditions shall have the meanings assigned to them in the General Conditions and shall not be modified by Articies 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded With the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 6.1.3 In calculating adjustments to this Contract, the terms "cost" and "costs'' as used in the above -referenced provisions of the General Conditions shall mean the Cost of the Work as defined in Article 7 of this Agreement and the terms "fee'' and "a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in Paragraph 5.1 of this Agreement AIA DOCUMENT At 11 - OWNER -CONTRACTOR AGREEMENT - TENTH EDITIC,N - AIA" - ©1987 - TI IE AMFRICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W'.,'WASHINGTON, D 20006 A111-1987 4 6.2 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE 6.2.1 Increased costs for the items set forth in Article 7 which result from changes in the Work shall become part of the Cost of the Work, and the Contractor's Fee shall be adjusted as provided in Paragraph 5.1. 6.3 ALL CONTRACTS 6.3.1 if no specific provision is made in Paragraph 5.1 for adjustment of the Contractor's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5.1 will cause substantial inequity to the Owner or Contractor, the Contractor's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. ARTICLE 7 COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7. 7.1.1 LABOR COSTS 7.1.1.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's agreement, at off-site workshops. 7.1.1.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (!f it is intended that the wages or salaries of certain personnel stationed at the Contractor's principal or other offices shall be included in the i.Osl of the Work. iden- tify in Article 14 the personnel to be included and whether for all or only part of their tinte.) 7.1.1.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged, at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 7.1.1.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Clauses 7.1.1.1 through 7.1.1.3. 7.1.2 SUBCONTRACT COSTS Pavmen€s made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 7.1.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION 7.1.3.1 Costs, including trantiportation, of materials and equipment incorporated or to be incorporated in the completed construction. 7.1.3.2 Costs of materials described in the preceding Clause 7.1.3.1 in excess of those actually installed but required to provide rea- sonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Contractor; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 7.1.4 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS 7.1.4.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. 7.1.4.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof. Rates and quantities of equipment rented shall be sub- ject to the Owner's prior approval. 7.1.4.3 Costs of removal of debris from the site. 7.1.4.4 Costs of telegrams and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and rea- sonable petty cash expenses of the site office. 7.1.4.5 That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in dis- charge of duties connected with the Work. AIA DOCUMENT At 11 • OWNER -CONTRACTOR AGREEMF,NT • TENTH taut l 10N • AIA" • rJ 1987 • THE ALMER1CAN INSTITUTE OF ARCHITECTS, 1-35 NEW YORK 9VLtit.. , N.Vc., wAsf[INOTON, D.C. 20006 All l-1987 5 7.1.5 MISCELLANEOUS COSTS 7.1.5.1 That portion directly attributable to this Contract of premiums for insurance and bonds. 7.1.5.2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Contractor is liable. 7.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. 7.1.5.4 Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Subparagraph 13.5.3 of the General Conditions or other provisions of the Contract Documents and which do not fall within the scope of Subparagraphs 7.2.2 through 7.2.4 below. 7.1.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of set- tlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgment and settlements shall not he included in the calculation of the Contractor's Fee or of a Guaranteed Maximum Price, if any, and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of the Contract Documents. 7.1.5.6 Deposits lost for causes other than the Contractor's fault or negligence. 7.1.6 OTHER COSTS 7.1.6.1 Ocher costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFECTIVE OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Paragraph 7.1 which are incurred by the Contractor: 7.2.1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and prop- erty, as provided in Paragraph 10.3 of the General Conditions. 7,2.2 In repairing or correcting Work damaged or improperly executed by construction workers in the employ of the Contractor, provided such damage or improper execution did not result from the fault or negligence of the Contractor or the Contractor's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Contractor. 7.2.3 In repairing damaged Work other than that described in Subparagraph 7.2.2, provided such damage did not result from the fault or negligence of the Contractor or the Contractor's personnel, and only to the extent that the cost of such repairs is not recoverable by the Contractor from others and the Contractor is not compensated therefor by insurance or otherwise. 7.2.4 In correcting defective or nonconforming Work performed or supplied by a Subcontractor or material supplier and not cor- rected by them, provided such defective or nonconforming Work did not result from the fault or neglect of the Contractor or the Contractor's personnel adequately to supervise and direct the Work of the Subcontractor or material supplier, and only to the extent that the cost of correcting the defective or nonconforming Work is not recoverable by the Contractor from the Subcontractor or material supplier. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the s't'ork shall not include: 8.1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided in Clauses 7.1 1.2 and 7.1.1.3 or as may be provided in Article 14. 8.1.2 Expenses of the Contractor's principal office and offices other than the site office. 8.1.3 Overhead and general expenses, except as may be expressly included in Article 7. 8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 8.1.5 Rental costs of machinery and equipment, except as specifically provided in Clause 7.1.4.2. 8.1.6 Except as provided in Subparagraphs 7.2.2 through 7.2.4 and Paragraph 13.5 of this Agreement, costs due to the fault or negli- gence of the Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to costs for the correction of damaged, defective or nonconforming Work, disposal and replace- ment of materials and equipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work. 8.1.7 Any Cost not specifically and expressly described in Article 7. 8.1.8 Costs which would cause the Guaranteed Maximum Price, if any, to be exceeded. AIA DOCUMENT All I - OWNER -CONTRACTOR AGREEMENT - TENTH EDITION - ALA° - Ct 1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 A111-1987 6 ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment therefor from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. 9.2 Amounts which accrue to the Owner in accordance with the provisions of Paragraph 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Contractor shall obtain bids from Sub- contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Archi- tect- The Owner will then determine, with the advice of the Contractor and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 10.2 If a Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Con- tractor to the Architect (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid be accepted; then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually- signed with the person or entity designated by the Owner. 10.3 Subcontracts or other agreements shall conform to the payment provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner, ARTICLE11 ACCOUNTING RECORDS 11.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the Contractor's records, books, correspondence, instructions, drawings, receipts, subcon- tracts, purchase orders. vouchers, memoranda and other data relating to this Contract, and the Contractor shall preserve these for a period of three years after finai payment, or for such longer period as may be required by law. ARTICLE 12 PROGRESS PAYMENTS 12.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documenis. 12.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 12.3 Provided an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, pay- ment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 12.4 With each Application for Payment the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements alreaciv made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment; plus (4) retainage provided in Subparagraph 12.5.4, if any, applicable to prior progress payments. AIA DOCUMENT Al 11 • OWNER -CONTRACTOR AGREEMENT • TENTH EDITION • AL\'_9 • U 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., VC'ASHINGToti, D.C. 20006 A111-1987 7 12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 12.5.1 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Contractor in accor- dance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (1) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 12.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. 12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitabiy stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 12.5.3.3 Add the Contractor's Fee, less retainage of percent The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, shall be an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. 12.5.3.4 Subtract the aggregate of previous payments made by the Owner. 12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 12.5.4 Additional retainage, if any, shall be as follows (If it is inlcvided to retain additional amounts from progress payments to the Contracaor hcy nd (I) the retainage from the Contractor's Fee provided in Clause 12.5-1.3. (2) the retainage f tom 5urxantractor.5Pvov sided in Paragraph 1 2, below. and (3) the retainage. if arty, prov.dded by otber provisions of the Contract, insert prorision for .such additional retainage here. Such provision, tf made, should also describe any arrangement for lrnrrlrrtg or reducing the amount retained after the Work reaches a certain Stale Of [urnplettorn_) 12.6 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE 12.6.1 Applications for Payment shall show the Cost of the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. 12.6.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 12.6.2.1 Take the Cost of the Work as described in Subparagraph 12.6.1. 12.6.2.2 Add the Contractor's Fee, less retainage of percent { %). The Contractor's Fee shall be computed upon the Cost of the Work described in the preceding Clause 12.6.2.1 at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in the preceding Clause bears to a reasonable estimate of the probable Cost of the Work upon its completion, 12.6.2.3 Subtract the aggregate of previous payments made by the Owner. 12.6.2.4 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 or to substanti- ate prior Applications for Payment or resulting from errors subsequently discovered by the Owner's accountants in such documentation. AIA ni 1CUU1:NT All 1 a nw.'nl>=P CONI PAl'Ti1H Af:RFFMFNT • I FNTM FnITION • AIAC' • Cc -- 1987 • THE 12.6.2.5 Subtract amounts, if any, for which the Architect has withheld or withdrawn a Certificate for Payment as provided in the Contract ]documents. 12.6.3 Additional retainage, if any, shall be as follows,. 12.7 Except with the Owner's prior approval, payments to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows: 12.7.1 Take that porrion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion in [he. Subcontractor's schedule of values, less retainage of percent( %). Pending final determination of amounts to be paid to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided in Subparagraph i .3.7 of the General Conditions even though the Subcontract Sum has not yet been adjusted by Change Order, 12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, less retainage of percent ( %). 12.7.3 Subtract the aggregate of previous payments made by the Contractor to the Subcontractor. 12.7.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment by the Owner to the Con- tractor for reasons which are the fault of the Subcontractor. 12.7.5 Add, upon Substantial Completion of the entire Work of the Contractor, a sum sufficient to increase the total payments to the Subcontractor to percent( %) of the Subcontract Sum, less amounts, if any, for incomplete Work and unsettled claims; and, if final completion of the entire Work is thereafter materially delayed through no fault of the Subcon- tractor, add any additional -amounts payable on account of Work of the Subcontractor in accordance with Subparagraph 9.10.3 of the General Conditions. (if it is intended, prior to Substantial Compietion of the entire Work of the Contractor, to reduce or limit the retainagefront Subroruractors resulting frons the percent- ages inserted in .Subparagraphs 12. 7.1 and 12, 7.2 abot e, and this is not explained elsewhere in the Contract Ducurrtents, insert here provisions for such reduction or limitation_) The Subcontract Sum is the total amount stipulated in the subcontract to be paid by the Contractor to the Subcontractor for the Sub- contractor's performance of the subcontract. 12.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equip- ment which have not been delivered and stored at the site. - 12.9 In taking action on the Contractor's Applications for Payment, the Architect shall be entitled to rely on the accuracy and com- pleteness of the information furnished by the Contractor and shaft not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Paragraph 12A or other supporting data; that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascer- tain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. ARTICLE 13 FINAL PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contrac- tor except for the Contractor's responsibility to correct defective or nonconforming Work, as provided in Subparagraph 122.2 of the General Conditions, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Pay - AIA DOCUMENT All I - OWNER -CONTRACTOR AGREEbtENT - TENTH EDITION - AIA® - .0 198' - THE AMERICAN INSTITUTE OF ARCHITECTS, 1-35 NEW YORK AVENUE. N. W„ WASHINGTON. D -C. 210(k A111-1987 9 ment and a final accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the Owner's accoun- tants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 13.2 The amount of the final payment shall be calculated as follows 13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee; but not more than the Guaranteed Maximum Price, if any. 13.2.2 Subtract amounts, if anv, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Subparagraph 9.5.1 of the General Conditions or other provisions of the Contract Documents. 13.2.3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner. 13.3 The Owner's accountants will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other conditions of Paragraph 13.1 have been met, the Architect will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect's reasons for withholding a Certificate as provided in Subparagraph 9.5.1 of the General Conditions. The time periods stated in this Paragraph 13.3 supersede those stated in Subparagraph 9.4.1 of the General Conditions. 13.4 If the Owner's accountants report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to demand arbitration of the disputed amount without a further decision of the Architect. Such demand for arbitration shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment; failure to demand arbitration within this 30 -day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Contractor. Pending a final resolution by arbitration, the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. 13.5 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provided in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if arty.) {Usury lairs and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations a1 the Ou,m7 'sand Con- tractor's principal places of business, the location of the Projecl and elseubere may affect the ralidity of this provision. Legal adeice should be obtainted u ith respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT A111 • OWNER -CONTRACTOR AGREEMENT • TENTH EDITION • AIAM • ©1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENGE, N.W., WASHINGTON, D.C. 20006 A111-1987 10 14.3 Other provisions: ARTICLE 15 TERMINATION OR SUSPENSION 15.1 The Contract may be terminated by the Contractor as provided in Article 14 of the General Conditions; however, the amount to be paid to the Contractor under Subparagraph 14.1.2 of the General Conditions shall not exceed the amount the Contrac- tor would be entitled to receive under Paragraph 15.3 below, except that the Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed. 15.2 If a Guaranteed Maximum Price is established in Article 5, the Contract may be terminated by the Owner for cause as provided in Article 14 of the General Conditions; however, the amount, if any, to be paid to the Contractor under Subparagraph 14,2A of the General Conditions shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount the Contractor would be entitled to receive under Paragraph 15.3 below. 15.3 ff no Guaranteed Maximum Price is estahlished in Article 5, the Contract may be terminated by the Owner for cause as pro- vided in Article 14 of the General Conditions; however, the Owner shall then pav the Contractor an amount calculated as follows: 15.3.1 Take the Cost of the Work incurred by the Contractor to the date of termination. 15.3.2 Add the Contractor's Fee computed upon the Cost of the \ork to the date of termination at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate: of the probable Cost of the Work upon its complerion. 15.3.3 Subtract the aggregate of previous payments made by the Owner. The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equip- ment owned by the Contractor which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Subparagraph 15.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including ren- tal agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 15, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcon- tracts or purchase orders. 15.4 The Work may he suspended by the Owner as provided in Article 14 of the General Conditions; in such case, the Guaranteed Maximum Price, if any, shall be increased as provided in Subparagraph 14.3.2 of the General Conditions except that the term ''cost of performance of the Contract" in that Subparagraph shall be understood to mean the Cost of the Work and the term "profit" shall be understood to mean the Contractor's Fee as described in Paragraphs 5.1 and 6.3 of this Agreement. ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS 16.1 The Contract Documents, except for Modifications Issued after execution of this Agreemept, are enumerated as follows: 16.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document Al 1 1, 1987 Edition. 16.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. AIA DOCUMENT All - OWNER-(;ONTRACTOR AGREENIENT -TENTH EDITION - AIA" -,@1987-THE AMERICAN INSTITUTE OF ARCHITECTS, 1737 NEWYORK AVENUE, N.W.. WASHINGTON, D.0 2(X)i)6 A111-1987 11 16.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated and are as follows: Document Title Pages 16.1.4 The Specifications are those contained in the Project Manual dated as in Paragraph 16.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Pages AIA DOCUMENT Al 11 - O'X'NER-CONTRACTOR AGREEMENT - TENTH EDITION - AIA'O -©1987-THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW' YORK AVENUE, N_W'_, WASHINGTON, D.C. 20006 Al 11-1987 12 I 16.1.5 The Drawings are as follows, and are dated (Either list the Drawings here or refer to an exhibit attached to this Agreement.) unless a different date is shown below: Number Title Date 16.1.6 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. AJA DOCUMENT A111 • OWNER -CONTRACTOR AGREEMENT • TENTH EDITION • AIA® -C)1987-THF AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE. N.W., WASHINGTON, D C. 20co6 A111-1987 13 16.1.7 Other Documents, if any, forming part of the Contract Documents are as follows: (List here any addilionai documents w=hich are intended to form part of the Contract Documents. The General Conditions provide that bidding requirements such as advertisement or invitation to bid, Instructions to Binders, sample forms and the Contractor's bid are not Hart of the Contract Documents unless enumerated in this Agreement. Tbty should be listed here only if intended to be part of the Contract Drxumentsj This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one ro the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONT CT R (Signature) (Signature) Bennett Boucher, City Manager ;/jrvf},cl /,:-" 95s��/l�f���" (Printed name and title) (Printed name and title) 1 AIA DOCUMENT All I • OWNER -CONTRACTOR AGREEMENT -TENTH EDITION • AIA" • C) 1987 • TI IE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N_W., WASHINGTON. 1)_C- 200()6 A111-1987 14 EXHIBIT "A" HOURLY RATE SCHEDULE LANDSCAPE ARCHITECT & STAFF Principal Senior Architect Project Manager Senior Designer Planner Designer CADD Technician Administrative Assistant Clerical Project Field Manager Landscape Forman Landscape Installer Equipmment Operator Service Technician $ 184.00 $ 154.00 $ 123.00 $ 110.00 $ 100.00 $ 90.00 $ 82.00 $ 71.00 $ 49.00 $ 47.00 $ 35.00 $ 28.00 $ 35.00 $ 65.00 1 OF 1 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: annual Annuals gallardia 1 gallon 1g Annual annual Annuals dune daisy 6" 6" Annual annual Annuals pentas 6" 6" Annual annual Annuals petunia 6" 6" Annual annual Annuals coreopsus 6" 6" Annual annual Annuals gazania 6" 6" Annual annual Annuals liatris 6" 6" Annual annual Annuals begonia 6" 6" Annual annual Annuals geranium 6" 6" Annual annual Annuals black eyed susan 6" 6" Annual annual Annuals milkweed 6" 6" Annual annual Annuals echinacea 6" 6" Annual annual Annuals yellow top 6" 6" Annual annual Annuals native salvia 6" 6" Annual annual Annuals cardinal flower 6" 6" Annual annual Annuals verbena 6" 6" Annual groundcover Arachis glabrata br br Perennial Peanut groundcover Arachis glabrata 1 gallon 1g Perennial Peanut groundcover Cuphea hyssopifolia 1 gallon 6-8x6-8" 1g Mexican Heather groundcover Cuphea hyssopifolia 2 gallon 8-10x8-10" 2g Mexican Heather groundcover Cyrtomium falcatum 1 gallon 1g Holly Fern groundcover Cyrtomium falcatum 1 gallon ig Autlumn Fern groundcover Dietes iridiodes 1 gallon 1g White African Iris groundcover Ficus repens 1 gallon 1g Creeping Fig groundcover Hedera canariensis 4" pot 4" pot Algerian Ivy groundcover Hedera helix 4" pot 4" pot English Ivy groundcover Hemerocailis 1 gallon 1 gallon 3-5 ppp Daylily groundcover Ipomea imbricata liner liner Beach Morning Glory groundcover Ipomea imbricata 1 gallon 1g Beach Morning Glory groundcover Ipomea pes-caprae liner liner Rail Road Vine groundcover Ipomea pes-caprae 1 gallon 1g Rail Road Vine groundcover Ipomoea balats 1 gallon 1g Sweet Potatoe Vine groundcover Junipefous Pafsoni 1 gallon 8-10" spd 1g Parsons Juniper groundcover Juniperous Parsoni 2 gallon 10-12" spd 2g Parson's Juniper groundcover Juniperous Parsoni 3 gallon 12-14" spd 3g Parson's Juniper groundcover Liriope muscari 1 gallon 3-5 ppp ig Evergreen Giant Liriope groundcover Liriope muscari variegated 1 gaflon 3-5 ppp Variegated Aztec Giant groundcover Ophiopogon japonicus 1 gallon 1g Mondo Grass groundcover Ophiopogon japonicus 4" 4" pot Mondo Grass groundcover Ophiopogon japonicus dwarf 1 gallon 1g Dwarf Mondo Grass groundcover Ophiopogon japonicus dwarf 4" 4" pot Dwarf Mondo Grass groundcover Trachelospermum asiaticum 1 gallon Ig Asian Jasmine groundcover Trachelospermum asiaticum 4" 4" pot Asian Jasmine groundcover Trachelospermum Jasminoides 1 gallon 1g Confederate Jasmine groundeover Trachelospermum Jasminoides 3 gallon 3g Confederate Jasmine palm Acoelorrhaphe wrightii 10' OA 10' oa Paurotis palm Acoelorrhaphe wrightii 170A 12' oa Paurotis palm Acoelorrhaphe wrightii 14' OA 14' oa Paurotis palm Acoelorrhaphe wrightii 16' OA 16' oa Paurotis palm Acoelorrhaphe wrightii 18' OA 18' oa Paurotis palm Butia capitata 10' CT 8' ct Pindo Palm palm Butia capitata 12' CT 10' ct Pindo Palm palm Butia capitata 14' CT 12' ct Pindo Palm palm Butia capitata 8' CT 14' oa Pindo Palm palm Chamaerops Humilis 7 gallon 24-30" oa 7g European Fan Palm palm Chamaerops Humilis 15 gallon 30-36" oa 15g European Fan Palm palm Chamaerops Humilis 30 gallon 3-4' oa 30g European Fan Palm palm Cocos nucifera 4' gw 4' gw Coconut Palm palm Cocos nucifera 6' gw 6' gw Coconut Palm palm Cocos nucifera 8' gw 8' gw Coconut Palm palm Cycas Revoluta 3 gallon 18-24" spd 3g King Sago Palm palm Cycas Revoluta 15 gallon 36-40" spd 15g King Sago Palm palm Cycas Revoluta 30 gallon 4048" 30g King Sago Palm palm Phoenix canariensis 8' CT 8' ct Canary Island Date Palm palm Phoenix canariensis 10' CT 10' ct Canary Island Date Palm palm Phoenix canariensis 12' CT 12' ct Canary Island Date Palm palm Phoenix canariensis 14' CT 14' ct Canary Island Date Palm palm Phoenix canariensis 16' CT 16' ct Canary Island Date Palm palm Phoenix canariensis 18' CT 18' ct Canary Island Date Palm palm Phoenix canariensis 20' CT 20' et Canary Island Date Palm palm Phoenix dactylifera 8-10' CT 8-10' ct Medjool Date Palm 1 of 7 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: palm Phoenix dactylifera 12' CT 12' O Medjool Date Palm palm Phoenix dactylitera 14-16' CT 14-16' ct Medjool Date Palm palm Phoenix dactylifera 18-20' CT 18-20' ct Medjool Date Palm palm Phoenix dactylifera 22' CT 22' ct Medjool Date Palm palm Phoenix reclinata 12-16' OA 12-16' oa Senegal Date Palm palm Phoenix reclinata 16-20' CA 16-20' oa Senegal Date Palm palm Phoenix reclinata 20-24' OA 20-24' oa Senegal Date Palm palm Phoenix roebelenii 4' OA 4' oa SinglePygmy Date Palm palm Phoenix roebelenii 4' OA 4' oa Double Pygmy Date Palm palm Phoenix roebelenii 4' OA 4' oa Triple Pygmy Date Palm palm Phoenix roebelenii 6' OA 6' oa SinglePygmy Date Palm palm Phoenix roebelenii 6' OA 6' oa Double Pygmy Date Palm palm Phoenix roebelenii 6' OA 6' oa Triple Pygmy Date Palm palm Phoenix roebelenii 8' OA 8' oa SinglePygmy Date Palm palm Phoenix roebelenii 8' OA 8' oa Double Pygmy Date Palm palm Phoenix roebelenii 8' OA 8' oa Triple Pygmy Date Palm palm Sabal Palmetto Various Heights Sabal Palm palm Sabal Palmetto Various Heights Booted Sabal Palm palm Syagrus romanzoffiana 8' CT 8' ct Queen Palm palm Syagrus romanzoffiana 10' CT 10' ct Queen Palm palm Syagrus romanzoffiana 12' CT 12' ct Queen Palm palm Syagrus romanzoffiana 14' CT 14' ct Queen Palm palm Syagrus romanzoffiana 16' CT 16' ct Queen Palm palm Syagrus romanzoffiana 18' CT 18' ct Queen Palm palm Syagrus romanzoffiana 20' CT 20' ct Queen Palm palm Syagrus romanzoffiana 22' CT 22' ct Queen Palm palm Trachycarpus fortunel 3 gallon 24-30" oa 3g Windmill Palm palm Trachycarpus fortunel 7 gallon 30-36" oa 7g Windmill Palm palm Trachycarpus fortunel 15 gallon 36-48" oa 15g Windmill Palm palm Washington Robusta 8' CT 8'Cl Washington Palm palm Washington Robusta 10' CT 10' ct Washington Palm palm Washington Robusta 12' CT 12' ct Washington Palm palm Washington Robusta 14' CT 14' ct Washington Palm palm Washington Robusta 16' CT 16' ct Washington Palm palm Washington Robusta 18' CT 18' ct Washington Palm palm Washington Robusta 20' CT 20' ct Washington Palm palm Washington Robusta 22' CT 22' ct Washington Palm palm Washington Robusta 24' CT 24' ct Washington Palm palm Washington Robusta 26' CT 26'rt Washington Palm palm Washington Robusta 2B CT 28' ct Washington Palm Perennial Perennial poinettia 4" 4' pot Poinsettia Perennial Perennial poinettia 1 gal#on 1g Poinsettia Perennial Perennial poinettia 2 gallon 2g Poinsettia Perennial Perennial sea oats LN+ Flat shrub Allamanda cathartics 3 gallon 15-18" oa 3g Allamanda shrub Alpinia zerumbet 3 gallon 12-15" oa 3g Variegated Shell shrub Aristicla beyrichiana 4" pot 4" pot Wire Grass shrub Aristicla beyrichiana 1 gallon Ig Wire Grass shrub Aspidistra Elator 1 gallon 3-5 Ivs Ig Cast Iron Plant shrub Aspidistra Elator 3 gallon 39 Cast Iron Plant shrub Bougainvillea Bougainvillea 3 gallon 36" tri 3g Bougainvillea shrub Bougainvillea Bougainvillea 7 gallon 54" trl 7g Bougainvillea shrub Bougainvillea Bougainvillea 15 gallon 72" Irl 15g Bougainvillea shrub Brumeliad Bromeliad 1 gallon 1g common Bromeliad shrub Buxus Buxus 3 gallon 10-12x10-12 3g Boxwood shrub Buxus Buxus 7 gallon 18-20x18-20 7g Boxwood shrub Chrysobalanus icaco 3 gallon 15-18x15-18" 3g Cocoplum shrub Cleyera japonica 3 gallon 15-18x12-15" 3g Cleyera shrub Coccoloba uvifera 3 gallon 18-24x18-24" 3g Sea Grape shrub Coccoloba uvifera 7 gallon 24-30x24-30" 7g Sea Grape shrub Codiaeum varigatum 1 gallon 1g Croton shrub Codiaeum varigatum 3 gallon 15-18" oa 3g Croton shrub Conocarpus erectus 3 gallon 18-24' oa 3g Buttonwood shrub Conocarpus erectus 7 gallon 24-30" spd 7g Buttonwood shrub Cordline fruticosa 3 gallon 18-24" oa 3g Hawaiian Ti Plant shrub Cortaderia selloana 1 gal}on tg Pampas Grass shrub Cortaderia selloana 3 gallon 3g Pampas Grass shrub Crinum Asiaticum 3 gallon 18-24" spd 39 Crinum Lily shrub Crinum Asiaticum 7 gallon 24-30" spd 7g Crinum Lily shrub Crinum Asiaticum 15 gallon 36-40" spd 15g Crinum Lily shrub Crinum Emma 3 gallon 18-24" spd 3g Queen Emma Lily 2 of 7 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: shrub Crinum Emma 7 gallon 24-30" spd 7g Queen Emma Lily shrub Crinum Emma 15 gallon 36-40" spd 15g Queen Emma Lily shrub Duranta repens 3 gallon 3g Golden Dewdrop shrub Eleagnus Pungens 3 gallon 18-24x18-24" 39 Eleagnus shrub Fragrostis Spectabilis 1 gallon 1g Purple Love Grass shrub Evoluvulus glomerata 1 gallon 1g Blue Daze shrub Fatsia japonica 3 gallon 12-15" oa 39 Fatsia shrub Feijoa sellowiana 3 gallon 15-18x12-15" 3g Pineapple Guava shrub Gaillardia pulchella 1 gallon full 1g Blanket Flower shrub Gaillardia pulchella 3 gallon full 3g Blanket Flower shrub Gelsemium sempervirens 1 gallon Ig Carolina Jasmine shrub Gelsemium sempervirens 1 gallon 3g Carolina Jasmine shrub Hamelia patens 3 gallon 18-24x18-24" 3g Firegush shrub Helianthus debilis Inner liner Dune Sunflower shrub Helianthus debilis 4" pot 4" pot Dune Sunflower shrub Helianthus debilis 1 gallon Ig Dune Sunflower shrub Hibiscus Hibiscus 3 gallon 18-24x18-24" 39 Hibiscus shrub Hibiscus Hibiscus 7 gallon 36" oa 7g Hibiscus shrub Ilex Cornuta 3 gallon 18-24xi5-18" 3g Burford Holly shrub Ilex cornuta 3 gallon 12-15x12-15" 3g Chinese Holly shrub Ilex Cornuta 7 gallon 24-30' OA 7g Burford Holly shrub Ilex vomitoria 3 gallon 12-15x12-15" 3g Yaupon Holly shrub Ilex vomitoria 7 gallon 15-18x15-18" 7g Yaupon Holly shrub Ilex vomitoria 10 gallon 24x24" 10g Yaupon Holly shrub Illicium floridanum 3 gallon 18-24x18-24" 3g Anise shrub Iris virginica 1 gallon I Blue Flag Iris shrub Ixora Maui 3 gallon 15-18x15-18" 3g Maui Ixora shrub Ixora nora grant 3 gallon 15-18x15-18" 3g Nora Grant Ixxora shrub Jasminum multiflorum 3 gallon 18-2408-24" 3g Downy Jasmine shrub Jasminum nitidum 3 gallon 18-24x18-24" 3g Shining Jasmine shrub Jasminum volubile 3 gallon 18-24x18-24" 3g Wax Jasmine shrub Juniperus blue pacific 1 gallon 8-10" spd 1g Blue Pacific Juniper shrub Juniperus blue pacific 3 gallon 12-14" spd 3g Blue Pacific Juniper shrub Juniperus dwarf shore 1 gallon 8-10" spd 1g Dwarf Shore Juniper shrub Juniperus dwarf shore 3 gallon 12-14" spd 3g Dwarf Shore Juniper shrub Lantana camara 1 gallon 1g Gold Mound Lantana shrub Lantana montevidensis 1 gallon 1g Trailing Lantana shrub Ligustrum japonica 3 gallon 18-2408-24" 3g Gold Tip Ligustrum shrub Ligustrum lucidum 3 gallon 18-24x18-24" 3g Ligustrum shrub Ligustrum lucidum 7 gallon 24-30" oa 7g Ligustrum shrub Ligustrum lucidum 15 gallon 36" oa 15g Ligustrum shrub Livistona chinensis 3 gallon 24-30" oa 3g Chinese Fan Palm shrub Livistona chinensis 7 gallon 36-40" oa 7g Chinese Fan Palm shrub Livistona chinensis 10 gallon 40-48" ea log Chinese Fan Palm shrub Livistona chinensis 15 gallon 48-54" 15g Chinese Fan Palm shrub Lonicera sempervirens 3 gallon full staked 3g Cape Honeysuckle shrub Loropetalum chinense 3 gallon 15-18x15-18" 3g Loropetalum shrub Muhienbergia capillaris 1 gallon Ig Muhly Grass shrub Muhienbergia capillaris br br Muhly Grass shrub Muhienbergia capillaris 3 gallon 3g Muhly Grass shrub Myrcianthes fragrans 1 gallon 1g Simpsons Stopper shrub Myrcianthes fragrans 3 gallon 3g Simpsons Stopper shrub Myrica Cerifera 3 gallon 18-24x18-24" 39 Wax ]Myrtle shrub Myrica Cerifera 7 gallon 36-40" oa 7g Wax Myrtle shrub Myrica Cerifera 15 gallon 40-48" oa 15g Wax Myrtle shrub Nandina Domestica 3 gallon 18" oa 39 Heavenly Bamboo shrub Nandina Domestica 7 gallon 30-36" oa 7g Heavenly Bamboo shrub Nephrohepis Nephrohepis 1 gallon 1g Boston Fern shrub Nerium oleander 3 gallon 18-24" oa 3g Oleander shrub Nerium oleander 7 gallon 24-36" oa 7g Oleander shrub Nerium oleander 15 gallon 36-48" oa 159 Oleander shrub Nerium oleander petite 3 gallon 15-18" oa 3g Petite Oleander shrub Nerium oleander petite 7 gallon 18-24" oa 7g Petite Oleander shrub Passifolra edulis 1 gallon 1g Passion Vine shrub Pennisetum selaceum 3 gallon 3g Fountain Grass shrub Pennisetum setaceum red 3 gallon 3g Red Grass shrub Pentas lanceolata 1 gallon 1g Egyptian Star Cluster shrub Philodendron selloum 3 gallon 18-24x18-24" 3g Philodendron shrub Philodendron selloum 7 ga#Ion 24-30x24-30" 79 Philodendron shrub Philodendron xanadu 3 gallon 12-1502-15" 3g Xanadu Philodendron shrub Philodendron xanadu 7 gallon 18-2418-24" 7g Xanadu Philodendron 3of7 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: shrub Photinia fraseri 3 gallon 18-24" ca 3g Photenia shrub Pittosporum copacta 3 gallon 15-18x15-18" 3g Compacta Pittosporum shrub Pittosporum tobira 3 gallon 18-2418-24" 3g Green Pittosporum shrub Pittosporum variegated 3 gallon 18-24x18-24" 3g Variegated Pittosporum shrub Plumbago audculata 3 gallon 18-2408-24" 3g Leadwort shrub Podocarpus macrophyllus 3 gallon 15-18" oa 3g Podocarpus shrub Podocarpus macrophyllus 7 gallon 18-24" oa 7g Podocarpus shrub Podocarpus macrophyllus 15 gallon 24-36" oa 15g Podocarpus shrub Podocarpus macrophyllus 30 gallon 48-50" oa 30g Podocarpus shrub Pontederia cordata 1 gallon 1g Pickerel Weed shrub Pontederia cordata br br Pickerel Weed shrub Rhaphiolepis indica 2 gallon 10-12x10-12" 2g Indian Hawthorn shrub Rhaphiolepis indica 3 gallon 12-15x12-15" 3g Indian Hawthorn shrub Rhaphiolepis indica 7 gallon 18-24x18-24" 7g Indian Hawthorn shrub Rhaphiolepis pink 3 gallon 12-1502-15" 3g Malestic Beauty shrub Rhapis excelsa 3 gallon 24-30" oa 3g Lady Palm shrub Rhapis excelsa 7 gallon 30-36" ca 7g Lady Palm shrub Rhapis excelsa 10 gallon 36-40" oa 10g Lady Palm shrub Rhapis excelsa 15 gallon 48-60" oa 15g Lady Palm shrub Rhododendorn duc 3 gallon 15-18x15-18" 3g Duc De Rohan Azalea shrub Rhododendorn formosa 3 gallon 15-18x15-18" 39 Formosa Azalea shrub Rhododendorn gerbing 3 galton 15-18x15-18" 3g G.G. Gerbing Azalea shrub Rhododendorn red ruffle 3 gallon 12-15x12-15" 3g Red Ruffle Azalea shrub Rhododendorn tabor 3 gallon 15-18x15-18" 3g George Tabor Azalea shrub Rhoeo spathacea 1 gallon 1g Oyster Plant shrub Ruellia carolinana 1 gallon 1g Wild Petunia shrub Ruellia carolinana 3 gallon 3g Wild Petunia shrub Scaevola taccada 3 gallon full 3g Beach Naupaka shrub Schefflera arboricola 1gallon full 1g Dwarf Schefflera shrub Schefflera arboricola 3 gallon full 3g Dwarf Schefflera shrub Serenoa repens 1 gallon 8-8" oa 1 g Saw Palmetto shrub Serenoa repens 3 gallon 10-12" oa 3g Saw Palmetto shrub Serenoa repens 7 gallon 12-16" oa 7g Saw Palmetto shrub Serenoa repens 10 gallon 18-24" oa 1 Og Saw Palmetto shrub Sophora tomenlosaz 3 gallon full 3g Necklace Pad shrub Sorghastrum secundum 1 gallon 1g Lopsided Indian Grass shrub Sparbna bakeri 1 gallon 1g Sand Cordgrass shrub Sparlina baked 3 gallon 3g Sand Cordgrass shrub Spa Rina baked br br Sand Cordgrass shrub Strelitzia mcolai 7 gallon 4-5' oa 7g White Bird of Paradise shrub Strelitzia nicolai 10 gallon 5-6' oa 10g White Bird of Paradise shrub Strelitzia nicolai 15 gallon 6 -Toa 15g White Bird of Paradise shrub Strelitzia nicolai 25 gallon 7-8' oa 25g White Bird of Paradise shrub Strelitzia regime 3 gallon 12-15" oa 3g Bird of Paradise shrub Strelitzia reginae 7 gallon 19-24" oa 7g Bird of Paradise shrub Strelitzia reginae 10 gallon 24-30" oa 10g Bird of Paradise shrub Strelitzia reginae 15 gallon 30-42" oa 15g Bird of Paradise shrub Talbaghia violacea 1 gallon 1g Society Garlic shrub Tripsacum dactyloides 1 gallon 1g Fakahatchee Grass shrub Tripsacum dactyloides 3 gallon 3g Fakahatchee Grass shrub Uniola paniculata liner liner Sea Oak shrub Uniola paniculata 4" pot 4" pot Sea Oak shrub Uniola paniculata 1 gallon 1g Sea Oak shrub Viburnum awabuki 3 gallon 15-1805-18" 3g Awabuki Viburnum shrub Viburnum awabuki 7 gallon 24-30x24-30" 7g Awabuki Viburnum shrub Viburnum awabuki 10 gallon 30-36x30-36" 1 O Awabuki Viburnum shrub Viburnum awabuki 15 gallon 36-48x36" 15g Awabuki Viburnum shrub Viburnum obovatum 3 gallon 15-18x15-18" 3g Walters Viburnum shrub Viburnum obovatum 7 gallon 18-24x18-24" 7g Walters Viburnum shrub Viburnum Odoratissimum 3 gallon 18-24x18-24" 3g Sweet Viburnum shrub Viburnum Odoratissimum 7 gallon 2430x24-30" 7g Sweet Viburnum shrub Viburnum Odoralissimum 10 gallon 30-36x30-36" 10g Sweet Viburnum shrub Viburnum Odoratissimum 15 gallon 36-48x36" 15g Sweet Viburnum shrub Viburnum Suspensum 3 gallon 18-24x18-24" 3g Sandankwa Viburnum shrub Viburnum Suspensum 7 gallon 24-30x24-30" 7g Sandankwa Viburnum shrub Viburnum Suspensum 10 gallon 30-36x30-36" 10g Sandankwa Viburnum shrub Viburnum Suspensum 15 gallon 36-4806" 159 Sandankwa Viburnum shrub Zamia furfuracea 1 gallon 1g Cardboard Palm shrub Zamia furfuracea 3 gallon 3g Cardboard Palm shrub Zamia pumila 1 gallon 1g Coontie shrub Zamia pumila 3 gallon 3g Coonfie 4of7 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: shrub Zamia pumila 15 gallon 15g Coontie shurb Galphimia gracilis 3 gallon 12-15x12-15" 3g Thryallis tree Acer Rubrum 15 gallon 6-8' oa 15g Red Maple tree Acer Rubrum 30 gallon 10x4'x2" 30g Red Maple tree Acer Rubrum 45 gallon 10 -12x4 -5'x2-2112" 45g Red Maple tree Acer Rubrum 65 gallon 12 -14x5 -6'x3-3112" 65g Red Maple tree Cercus canadensis 15 gallon 5-7x2-3' 15g Red Bud tree Cercus canadensis 30 gallon 8-10' ea 30g Red Bud tree Cupressus sempevirens 8' - 10' oa 8'-10' oa ftalian Cypress tree Cupressus sempevirens 10'-12' oa 10'-12' oa Italian Cypress tree Cupressus sempevirens 12'-14' oa 12'-14 oa Italian Cypress tree Eriobotrya japonica 15 gallon 7-9' oa 15g Loquat tree Eriobotrya japonica 30 gallon 8-10' oa 30g Loquat tree Eriobotrya japonica 65 gallon 10-12' ca 65g Loquat tree Fraxinus pennsylvanica 30 gallon 8-9x21/2-3'309 Green Ash tree Gordonia lasianthus 15 gallon 5-6' oa 15g Loblolly Bay tree Gordonia lasianthus 30 gallon 8-10' oa 30g Loblolly Bay tree Hibiscus Hibiscus 15 gallon 48" oa 15g Hibiscus tree Hibiscus Hibiscus 30 gallon 5-6' oa 30g Hibiscus tree llex attenuata savannah 15 gallon 6-8' oa 15g Savannah Holly tree Ilex attenuata savannah 30 gallon 8-10' oa 30g Savannah Holly tree Ilex attenuata savannah 65 gallon 12-14' oa 65g Savannah Holly tree Ilex cassine 15 gallon 6-8' oa 15g Dahoon Holly tree Ilex cassine 30 gallon 8-9x3-3112' ct 30g Dahoon Holly tree Ilex cassine 65 gallon 10-11x4-5' ct 65g Dahoon Holly tree liex east Palatka 15 gallon 4-5x2112-3` ftg 15g East Palatka Holly tree Ilex east Palatka 30 gallon 7-8x3-4' ftg 30g East Palatka Holly tree Ilex east Palatka 65 gallon 10-11x4-5' ftg 65g East Palatka Holly tree Ilex east Palatka 100 gallon 12-14x5-6'ftg 1008 Fast Palatka Holly tree Ilex festive 15 gallon 4-5' OA 15g Festive Holly tree Ilex Mary nell 15 gallon 4-5x21!2-3' ftg 15g Mary Nell Holly tree Ilex Mary nell 30 gallon 7-8x3-4' ftg 30g Mary Nell Holly tree Ilex Mary nell 65 gallon 10-11x4-5'ftg 65g Mary Nell Holly tree Ilex Mary hell 100 gallon 12-14x5-6' ftg 1008 Mary Neil Holly tree Ilex nellie r. stevens 15 gallon 4-5x2112-3' ftg 15g Nellie R. Stevens Holly tree Ilex nellie r. stevens 30 gallon 5-6x31!2' ftg 30g Nellie R Stevens Holly tree Ilex nellie r. stevens 45 gallon 7-8x31!2-4' ftg 45g Nellie R. Stevens Hol€y tree flex nellie r. Stevens 65 gallon 10-11x4-5' ftg 65g Nellie R. Stevens Holly tree Ilex oak leaf 15 gallon 4-5' oa 15g Oak Leaf Holly tree Ilex pendula 15 gallon 5-7x2-3' 15g Weeping Yaupon tree Ilex pendula 30 gallon 8 -9x21/2 -3'30g Weeping Yaupon tree Ilex robin 15 gallon 4-5' oa 15g Robin Holly tree Juniperus chinensis 15 gallon 5' oa 15g Torulosa Juniper tree Juniperus chinensis 30 gallon 6 -8x3 -31/2'30g Torulosa Juniper tree Juniperus chinensis 65 gallon 9 -10x4 -5'65g Torulosa Juniper tree Juniperus silicicola 6' 6' oa Southern Red Cedar tree Juniperus silicicola 8' 8' oa Southern Red Cedar tree Juniperus silicicola 10' 10' oa Southern Red Cedar tree Juniperus silicicola 12' 12' oa Southern Red Cedar tree Juniperus silicicola 14' 14' oa Southern Red Cedar tree Juniperus silicicola 16' 16' ca Southern Red Cedar tree Juniperus silicicola 18' 18' oa Southern Red Cedar tree Lagerstroemia mt crape 15 gallon 5-6x3-4' mt 15g Crape Myrtle tree Lagerstroemia mt crape 15 gallon 5-6x3-4' mt 15g Crape Myrtle tree Lagerstroemia mt crape 30 gallon 8-10x4-5` mt 309 Crape Myrtle tree Lagerstroemia mt crape 45 gallon 9-11x6-7' mt 45g Crape Myrtle tree Lagerstroemia mt crape 65 gallon 15-17x8' mt 65g Crape Myrtle tree Lagerstroemia std crape 30 gallon 10-11x3-4' std 30g Crape Myrtle tree Lagerstroemia std crape 65 gallon 11-12x5std 65g Crape Myrtle tree Lagerstroemia std crape 100 gallon 13-15x6-7' std 100g Crape Myrtle tree Ligustrum lucidum 30 gallon 6x6' mt 30g Ligustrum Tree tree Ligustrum lucidum 65 gallon 8x8' ml 65g Ligustrum Tree tree Ligustrum lucidum 100 gallon 9x9' mt 100g Ligustrum Tree tree Ligustrum lucidum 200 gallon 10x10' mt 200g Lig ustrum Tree tree Ligustrum lucidum b&b 8' x 8' 8x8' Mt b&b Ligustrum Tree tree Ligustrum lucidum b&b 10' x 10' 10x10' rnt b&b Ligustrum Tree tree Ligustrum lucidum b&b 12'x 12' 12x12' mt b&b Ligustrum Tree tree Liquidambar styraciflua 15 gallon 6-8' oa 15g Sweetgum tree Liquidambar styraciflua 10-12' oa 10-12' oa 30g Sweetgum tree Liquidambar styraciflua 12-14' oa 12-14' oa 65g Sweetgum tree Magnolia canadensis 30 gallon 8-9x2112-3' 30g Red Bud 5of7 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: tree Magnolia grandiflora 15 gallon 5 -7x2 -3'15g Southern Magnolia tree Magnolia grandiflora 30 gallon 8-9x2112-3' 30g Southern Magnolia tree Magnolia grandiflora 65 gallon 11 -12x5 -5112'x3" 65g Southern Magnolia tree Magnolia grandiflora 100 gallon 12 -15x4 -5'x3112-4" 100g Southern Magnolia tree Magnolia grandiflora 200 gallon 14-15x7'x4112" 200g Southern Magnolia tree Magnolia little gem 15 gallon 4-5x2-3' 15g Little Gem Magnolia tree Magnolia little gem 30 gallon 5 -6x2112 -3'x2" 30g Little Gem Magnolia tree Magnolia little gem 65 gallon 9 -10x4 -5x2-2112" 65g Little Gem Magnolia tree Magnolia little gem 100 gallon 13 -14x6 -7x31!2-4" 1DOg Little Gem Magnolia tree Magnolia virginiana 15 gallon 5-7x2-3' 15g Sweet Magnolia tree Magnolia virginiana 30 gallon 8-9x21!2-3' 30g Sweet Magnolia tree Myrica Cerifera 30 gallon 48-60" 01 30g Wax Myrtle tree Myrica Cerifera b&b 6-8' oa 6-8' oa b&b Wax Myrtle tree Myrica Cerifera b&b 8-10' oa 8-10' oa b&b Wax Myrtle tree Pinus elliottii 7 gallon 5-6' oa 7g Slash Pine tree Pinus elliottii 15 gallon 7-8' oa 15g Slash Pine tree Pinus elliottii 30 gallon 10-12' oa 30g Slash Pine tree Pinus elliottii b&b 8-10' 8-10' oa b&b Slash Pine tree Pinus elliottii b&b 10-12' 10-12' oa b&b Slash Pine tree Pinus elhotbi b&b 12-14' 12-14' oa b&b Siash Pine tree Pinus taeda 7 gallon 5-6' oa 79 Loblolly Pine tree Pinus taeda 15 gallon 7-8' oa 15g Loblolly Pine tree Pinus taeda 30 gallon 10-12' oa 30g Lobtolly Pine tree Pinus taeda b&b 8-10' 8-10' oa b&b Lobolly Pine tree Pinus taeda b&b 10-12' 10-12' oa b&b Loblolly Pine tree Pinus taeda b&b 12-14' 12-14' oa b&b Loblolly Pine tree Plantanus occidentalis 15 gallon 6-8' oa 15g Sycamore tree Plantanus occidentalis 30 gallon 8-10' oa 30g Sycamore tree Plantanus occidentalis b&b 10-12' OA 10-12' oa b&b Sycamore tree Plantanus occidentalis b&b 12-14' OA 12-14' oa b&b Sycamore tree Prunus angustifolia 15 gallon 5-7x2-3' 15g Chickasaw Plum tree Prunus calleyana 30 gallon 8-9x21!2-3' 30g Bradford Pear tree Prunus caroliniana 8-10' oa 8-10' oa b&b Cherry Laurel tree Prunus caroliniana 10-12' oa 10-12' oa b&b Cherry Laurel tree Quercus laurifolia 15 gallon 6-8x2'x1112" 15g Laurel Oak tree Quercus laurifolia 30 gallon 8-10x4'x2" 30g Laurel Oak tree Ouercus laurifolia 45 gallon 13 -14x5 -6'x3-3112" 45g Laurel Oak tree Quercus laurifolia 65 gallon 12-13x6'x3-31/2" 65g Laurel Oak tree Quercus laurifolia 100 gallon 15 -17x6 -8'x3112-4112" 100g Laurel Oak tree Quercus laurifolia 200 gallon 16-18x7'x5-5112" 200g Laurel Oak tree Quercus laurifolia b&b 2112" 10x5'x21/2' b&b Laurel Oak tree Quercus laurifolia b&b 3" 12x6'x3" b&b Laurel Oak tree Quercus laurifolia b&b 4" 147'x4" b&b Laurel Oak tree Quercus laurifolia b&b 5" 16x9'x5" b&b Laurel Oak tree Quercus laurifolia b&b 6" 18x10'x6" b&b Laurel Oak tree Quercus laurifolia b&b 7" 20x12'x7" b&b Laurel Oak tree Quercus laurifolia b&b 8" 23x16'x8" b&b Laurel Oak tree Quercus laurifolia b&b 9" 25x18'x9" b&b Laurel Oak tree Quercus laurifolia b&b 10" 28x20'x10" b&b Laurel Oak tree quercus shumardii 15 gallon 6-8x2'x1112" 15g Shumard Oak tree Quercus shumardii 30 gallon 8-10x4'x2" 30g Shumard Oak tree Quercus shumardii 65 gallon 12-13x6'x3-3112" 65g Shumard Oak tree Quercus shumardli 100 gallon 15 -17x6 -8'x3112-4112" 100g Shumardl Oak tree Quercus virginiana 15 gallon 6-8x2'x11/2" 15g Live Oak tree Quercus virginiana 30 gallon 8-10x4'x2" 30g Live Oak tree Quercus virginiana 45 gallon 13 -14x5 -6'x3-3112" 45g Live Oak tree Quercus virginiana 65 gallon 12-13x6'x3-3112" 65g Live Oak tree Quercus virginiana 100 gallon 15 -17x6 -8'x3112-4112" 10Og Live Oak tree Quercus virginiana 20D gallon 17-20x&'x5-5112" 200g Live Oak tree Quercus virginiana b&b 2 112" 10x5'x2112" b&b Live Oak tree Quercus virginiana b&b 3" 12x6'x3" b&b Live Oak tree Quercus virginiana b&b 4" 14x7'x4" b&b Live Oak tree Quercus virginiana b&b 5" 16x9'x5" b&b Live Oak tree Quercus virginiana b&b 6" 18x10'x6" b&b Live Oak tree Quercus virginiana b&b 7" 20x12'x7" b&b Live Oak tree Quercus virginiana b&b 8" 23x16'x8" b&b Live Oak tree Quercus virginiana b&b 9" 25x18'x9" b&b Live Oak tree Quercus virginiana b&b 10" 28x20'x10" b&b Live Oak tree Salix babylonica 15 gallon 6-8' oa 15g Weeping Willow tree Salix babylonica 30 gallon 8-10' oa 30g Weeping Willow tree Salix babylonica 65 gallon 10-12' oa 65g Weeping Willow 6of7 EXHIBIT "B" Landscape Trees, Palms, Shrubs, Groundcover Type Genus Species Size Specification: tree Taxodium distichum 15 gallon 6-8' oa 15g Bald Cypress tree Taxodium distichum 30 gallon 8-10' oa 309 Bald Cypress tree Taxodium distichum 65 gallon 12-14' oa 65g Bald Cypress tree Taxodium distichum 100 gallon 14-16' oa 100g Bald Cypress tree Taxodium distichum 200 gallon 16-18' ca 200g Bald Cypress tree Ulmus Parvifolia 15 gallon 6-8' oa 15g Drake Elm tree Ulmus Parvifolia 30 gallon 8-10' oa 30g Drake Elm tree Ulmus Parvifolia 65 gallon 12-14` oa 65g Drake Elm 7 of 7 EXHIBIT " C" IRRIGATION SUPPLIES TYPE Description Backflow Devise 1" Pressure Vacuum Breaker Backflow Devise 1112" Pressure Vacuum Breaker Backflow Devise 2" Pressure Vacuum Breaker Backflow Devise 1" Reduced Pressure Backflow Devise 1112" Reduced Pressure Backflow Devise 2" Reduced Pressure Backflow Devise 1" Double Check Assembly Backflow Devise 1112" Double Check Assembly Backflow Devise 2" Double Check Assembly Boring, Horizontial 2" PVCIHDPE(100 If min) Boring, Horizontial 4" PVC/HDPE (100 If min) Boring, Horizontial 6" PVC/HDPE (100 If min) Boring, Horizontial 8" PVC/HDPE (50 If min) Boring, Horizontial 10" PVC/HDPE (50 If min) Control Components Hunter GCBL Cable Control Components Hunter IDS Single Station Decoder Control Components Hunter IDS Four Station Decoder Control Components Hunter End -Line Surge Protection Control Components Hunter In -Line Surge Protection Control Components Hunter IDS Decoder Controller, Plastic Control Components Hunter IDS Decoder Software Controller 110v 8 Station Wall Mount Controller 110v 12 Station Wall Mount Controller 110v 16 Station Wall Mount Controller 110v 24 Station Wall Mount Controller 110v Pedestal Controller 110v Standard Rain Sensor Controller 110v Wireless Rain Sensor Controller Battery Powered 1 Station Controller Battery Powered 2 Station Controller Battery Powered 4 Station Controller Battery Powered Latching Solenoid Grounding Grounding Plate Grounding Grounding Rod Lighting, Low Voltage Path Light Lighting, Low Voltage Well Light Lighting, Low Voltage Up Light Lighting, Low Voltage 300 Watt Transformer Lighting, Low Voltage 600 Watt Transformer Miscellaneous 314" Control Zone Kit Miscellaneous 1" Control Zone Kit Miscellaneous Flushing Valve Miscellaneous Air Relief Valve Miscellaneous 2" Rotary Disc Filter Miscellaneous PRS -B Pressue Regulating Module Miscellaneous Dripline (per foot) Pipe, Irrigation Lateral Lines 112" Pipe, Irrigation Lateral Lines 314" Pipe, Irrigation Lateral Lines 1" Pipe, Irrigation Lateral Lines 1114" 1 of 2 EXHIBIT "C" IRRIGATION SUPPLIES Pipe, Irrigation Lateral Lines 1112" Pipe, Irrigation Lateral Lines 2" Pipe, Irrigation Main Lines 1112" Solvent weld Pipe, Irrigation Main Lines 2" Solvent Weld Pipe, Irrigation Main Lines 2112" Solvent Weld Pipe, Irrigation Main Lines 3" Solvent Weld Pipe, Irrigation Main Lines 4" Solvent Weld Pipe, Sleeves 2" Sleeve Pipe, Sleeves 4" Sleeve Pipe, Sleeves 6" Sleeve Pipe, Sleeves 8" Sleeve Pipe, Sleeves 10" Sleeve Pipe, Sleeves 12" Sleeve Rotor, 15-30 Radius 4" Pop Up Rotor Rotor, 15-30 Radius 6" Pop Up Rotor Rotor, 15-30 Radius 12" Pop Up Rotor Rotor, 15-30 Radius Shrub Rotor Rotor, 24-45 Radius 4" Pop Up Rotor Rotor, 24-45 Radius 6" Pop Up Rotor Rotor, 2445 Radius 12" Pop Up Rotor Rotor, 24-45 Radius Shrub Rotor Spray Head 4" Standard Pop Up Spray Head 6" Standard Pop Up Spray Head 12" Standard Pop Up Spray Head Standard Shrub Spray Spray Head Bubbler Spray Head 4" Pressure Compensating Pop Up Spray Head 6" Pressure Compensating Pop Up Spray Head 12" Pressure Compensating Pop Up Spray Head Pressure Compensating Shrub Spray Valve Box 7" Round Valve Box 10" Round Valve Box 12" Rectangular Valves 1" Electric Valve Valves 1112" Electric Valve Valves 2" Electric Valve Valves 3" Electric Valve Valves Pressure Compensating Device Valves 2" Gate Valve Valves 2112" Gate Valve Valves 3" Gate Valve Valves 4" Gate Valve Valves 1 " Bail Valve Valves 1112" Ball Valve Valves 2" Ball Valve Valves 1" QCV Quick Coupling Valve Valves 1" Quick Coupling Key Valves 1" Male Hose x 1" Female Pipe Wire, Electrical #14 OF Wire, Electrical #12 OF 2 of 2 EXHIBIT "D" Miscellaneous Items Unit of Measure Specification: cubic yard cubic yard Cypress Mulch cubic yard cubic yard Pine Nugget Mulch bale bale Pine Straw square foot Square foot Bahia square foot square foot Bermuda 'Tifway 419' square foot square foot Zoysia 'Empire' square foot square foot St. Augustine 'Floratam' ton ton Crushed Coquina ton ton Granite Chips ton ton 314-1112" River Jacks ton ton 1-3" River Jacks ton ton Seminole Chips ton ton Washed Shell square foot sf Standard 4x8" Cobblestone Paver square face foot sff Standard Segmented Wall square foot sf Light Bed Preparation square foot sf Heavy Bed Preparation per day FDOT Index 613 (lane closure) per day FDOT Index 603 (Flagging) per day FDOT Index 602 (turn lane closure) per day Traffic Cone ( $87.75 min monthly billing) per day Lighted Barricade ($87.75 min monthly billing) per day Men Working Sign ($87.75 min monthly billing) per project Mobilization per hour 25 ton crane (3 hour minimum) per hour 40 ton crane (4 hour minimum) per hour 60 ton Crane (6 hour minimum) per hour Large loader (4 hour minimum) per hour Small Loader(4 hour minimum) per hour Grade Tractor (4hour minimum) per gallon Water for landscape material per week 500g Water Tanker 1 of 1 w 4J v N as H H C'') N 00 0 V co 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C (i C05 O C Ci E LU 2 iJ Q �t Q LO mtnoQCOCD00O(DonrnomMoll- 00 co M M O N CD N O to CO m to co V r CO mCD M C)w I- C:) o co 0) W O i mrnoarnCD �} a m C?CpO(D(M o 0 c' mC)a)momC)wC>C7a1Ot5loamm �? to t� cj i, c- r- T� N >-N r r r N N r N N N N N N �-^'�:'C�irJL+3NN� N m N r r N cocO n N s- N !V r N r N N r r to to LD CO C) m U U00 ? i'1N C`)C U W --a CO N M C,F Lf3 N to N co N m N o M M M co C7 cl C`9 to (n to M T- M CQ n m M 0 4- r V N d Nt d Lo -t 0 `t f-- co IT m tet' C0 N CO W p N CV N IN N N N N CSI N N N N CV N N N N N C4 N N N C'7 CO n F- it C1' Of CC CC M W Lu W w w W w w L €1 J w w w L L! v v it; N E o � elf Clq C'i el) 0 10 (9 CD T N J O N L`v-(D Cj M M -i Cil CJ C� M O C05 O ANN o o mC) �} a o a o 0 c' �? to t� cj i, c- r- T� N r C� V O00 r O CO O rems-• O r �-^'�:'C�irJL+3NN� N m n CD n C0 n cocO n M to Ora n C'i to to LD CO C) m U U00 ? i'1N C`)C U w w LLQ w Lit W p a it C1' Of CC CC M W Lu W w w W w w L €1 J w w w L L! w til Q 7 m Q Q d ¢ ¢ ¢ ami ami v ai ai ar os m City of Cape Canaveral ecember 9, 2005 Jim Morgan 413 Lincoln Ave. Cape Canaveral, FL 32920 RE: Villa Cielo Preliminary Replat — Replat of lots 7 & 8, Block 15, Avon by the Sea Subdivision, James Morgan, Applicant. Dear Mr. Morgan: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on December 6, 2005. • Based on the Preliminary Replat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Villa Cielo with the following conditions: 1. The final replat must depict a drainage easement over the retention area on Lot 1. 2. The dedication shall indicate that all easements be maintained for the benefit of the owners of Lots 1, 2, 3, 4. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 105 Polk Avenue 4 Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX, (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com I � Meeting'Cype: Regular Meeting Date: I2-06-05 AGENDA Heading Considerations Item 9 No 2. P&Z minutes of 11-09-05 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PRELIMINARY RE -PLAT OF VILLA CIELO DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the approval of the preliminary re -plat of Villa Cielo as requested by the applicant, James Morgan, and recommended by the Planning & Zoning Board. Summary Explanation & Background: Documents attached include: I . P&Z recommendation letter 2. P&Z minutes of 11-09-05 3. Application for plat review 4. Staff comments 5. Preliminary re -plat (hand-out) Exhihits Attached: Attached City Manager's Office Department GROWTH MGMT/P&Z iuxu��uiuriu.a �dumi-u �c��s�ucir �meer.ing \.'uu�\1�-U�-U7 \villac relo. doc City of Cape Canaveral bate: November 28, 2UU5 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Preliminary Re -Plat of Villa Cielo - Replat of Lots 7 & 8, Block 15, Avon by the Sea Subdivision - James E. Morgan, Applicant. ---------------------------------------------------_--------------------------_----------------------------- At the Planning & Zoning Board meeting, held on November 9, 2005, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat with conditions as outlined in the attached minutes. Please schedule this preliminary replat for the next City Council meeting agenda. Attached are (6) copies of the preliminary replat. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmy6orida.com/cape • email: ccapecanaveral@cft.rr.com PLANNING & ZONING BOARD MCETIN MavEMBER 9, 2005 f the Planning &Zoning Board was held on November 9, 2005, at A Regular Meeting o Board Chairperson e Canaveral, Florida. ne the meeting o order atP:30 P m• The Secretary called the roll. the City Hall An Bea McNeely c MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell John Fredrickson Donald Dunn MEMBERS ABSENT Alice Filteau 1st Alternate Shawn Schaffner OTHERS PRESENT NEW BUSINESS: 1. Approval of Meetin Minutes: October 26 2005. Todd Peetz, City Planner, advised that due to the Board Secretary being ill this agenda item would need to be postponed until the next meeting. ielQ 2. Recommendation to the Cit Couno7 ands 8�nBlockR151 at b illtheof VaCSea Townhomes - Prelimina Re lat of Ls Subdivision -Jim Mor an A licant_ advised Todd Peetz, City Planner, gave an overview units soonhthe request. co ner ofeMagnoliatandt Jleffe son Preliminary Replat for four townhouse n Avenues on .28 acres. Jim Morgan, Applicant, advised that this was a re -development of an existing tri-plex. He explained that he was not involved at�h unoff�gand commented haNshe wann. Chairperson Mceely dted oty to Code Section 90-132 regarding stormwe ' ensure that there would not be additional water run off that would affect other properties. Jim Morgan replied that stormwaterunoff �°md Preliminary ReplatSSed during the Mr. Morgan adv sedite ph t lan review. The Board members reviewed there would not be a homeowners association. Discussion followed. Board Secretary Susan Chapman City Planner Tadd Peetz Anthony Garganese Cit Attorney Mayor Pro Tem Robert Hoog Building Official Todd Morley NEW BUSINESS: 1. Approval of Meetin Minutes: October 26 2005. Todd Peetz, City Planner, advised that due to the Board Secretary being ill this agenda item would need to be postponed until the next meeting. ielQ 2. Recommendation to the Cit Couno7 ands 8�nBlockR151 at b illtheof VaCSea Townhomes - Prelimina Re lat of Ls Subdivision -Jim Mor an A licant_ advised Todd Peetz, City Planner, gave an overview units soonhthe request. co ner ofeMagnoliatandt Jleffe son Preliminary Replat for four townhouse n Avenues on .28 acres. Jim Morgan, Applicant, advised that this was a re -development of an existing tri-plex. He explained that he was not involved at�h unoff�gand commented haNshe wann. Chairperson Mceely dted oty to Code Section 90-132 regarding stormwe ' ensure that there would not be additional water run off that would affect other properties. Jim Morgan replied that stormwaterunoff �°md Preliminary ReplatSSed during the Mr. Morgan adv sedite ph t lan review. The Board members reviewed there would not be a homeowners association. Discussion followed. APPLICATION FOR PLAT REVIEW DATE OF SUBtiIITTAL: (NOTE: SUBMITTAL MUST BE SUMUTTED A MINTY UM OF 30 DAYS PRIOR TO THE PLANTING & ZONING MEETDt'G; PLAT MUST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-52). IS THIS A PRELL M ":CRY PLAT, RE -PLAT, OR FINAL PLAT? A-MOUI T OF FMIING FEE PAID: `. 3c) AMOUNT OF ENGLN-E.ERLNG DEPOSIT PAID: S DID BREV ARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NANLE, IF APPLICABLE? Qr6TE: THIS NEEDS TO BE DOME PRIOR TO SUBNIITTAL). YES NO �' N. A. PROJECT NAMT: PROTECT ADDRESS: LEGAL DESCRIPTION: O' N"ER(S) OWNER(S) ADDRESS: ,`� ��, !?[�;'��L �-f' h L l C C 7 PROJECT ARCHITECTIENGLNEER: •` � c �� ','Ii.` ; PHONE NO. OF ARCHITECTIE-NGLNEER: APPLICANTS} SIGNATU-RE: lL / OW.N-ERIAGENT / PHONE N -UMBER OF OW -,N -T: SSA November 3, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE. Preliminary Plat Review— Villa Cielo - Review#2 SSA Job No. 05.0025, Task 043.1003 Dear Mr. Peetz SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. incerefy, David Roy J In, PSIDi Chief Surveyor DRJ:jls CC: Susan L. Chapman City Engineer's Review Fee For Review #2 — N/C NOTICE OF ADDITIONAL FEES As this project is being reviewed tinder the original City contract, Engineering Fees for ail reviews after 2nd review will be billed at $95.00 per flour. STOT=R STAGG & ASSOCIATES `7 cJ I l'/LlW ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. a- Sox 16.90 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LBW6700 u.`{ran softorrvaiciviRprcjecEs4capeU-vita cielo prelim pJaf review 2_doe MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: October 28, 2005 RE: Villa Cielo Townhome Preliminary Replat Review The Public Works Department has reviewed the submittal of the above referenced project and does not have any comments or concerns. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: October 21 2005 Re: Villa Cielo Preliminary Replat Review I have reviewed the Villa Cielo Preliminary Replat and have no comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. City of Cape Canaveral 28, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Preliminary Re -Plat of Villa Cielo - Replat of Lots 7 & 8, Block 15, Avon by the Sea Subdivision - James E. Morgan, Applicant. ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on November 9, 2005, by unanimous vote, the Board recommended approval of the above referenced Preliminary Replat with conditions as outlined in the attached minutes. Please schedule this preliminary replat for the next City Council meeting agenda. Attached are (6) copies of the preliminary replat. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Tclephonc: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.mvflorida.corn/cape • email: ccapec�iciaveral'?cfl.rr.com APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL:7J�� (NOTE: SUBMITTAL MUST BE SUBMITTED A I� DL TYIUNI OF 30 DAYS PRIOR TO THE PLAN�TI� G & ZONING MEEM G; PLAT MUST FLEET THE REQLTItEMENTS OF SECTION 98-41 THROUGH 95-62). IS THIS A PRELD,11N ARY PLAT, RE -PLAT, OR FLNAL PLAT? AMOLitiT OF FILLNG FEE PAID: S AMOUNT OF NT DEPOSIT PAID: S � �-`'�' . C'�`' DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE?- TE: THIS NTEDS TO BE DONE PRION TO SUBMITTAL). YES NO N.A. 7 PROJECT NAME: PROJECT ADDRESS: Ll LEGAL DESCRIPTION: 01V ER(S) ADDRESS:- PROJECT ARCHITECT/ENGINEER: PHONE NO. OF ARCHITECTIFNGL -EER: APPLICANTS) SIGNATURE: f _'// 0W ER/AGENT PHONE N`I3�IBER OF OWNEPIAGENN": % PLANNING & ZONING BOARD MEETING MINUTES NOVEMBER 9, 2005 A Regular Meeting of the Planning & Zoning Board was held on November 9, 2005, at the City Hall Annex, 111 Palk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell John Fredrickson Donald Dunn MEMBERS ABSENT Alice Filteau Shawn Schaffner 1 st Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Robert Hoag Mayor Pro Tem Todd Morley Building Official NEW BUSINESS: Approval of Meeting Minutes: October 26, 2005. Todd Peetz, City Planner, advised that due to the Board Secretary being ill this agenda item would need to be postponed until the next meeting. 2. Recommendation to the City Council - Preliminary Replat_ of Villa Cielo Townhomes - Preliminary Replat of Lots 7_and 8, Block 15, Avon by the Sea Subdivision - Jim Morgan, Applicant. Todd Peetz, City Planner, gave an overview of the request. He advised that this was a Preliminary Replat for four townhouse units on the corner of Magnolia and Jefferson Avenues on .28 acres. Jim Morgan, Applicant, advised that this was a re -development of an existing tri-plex. 1 He explained that he was not involved in the design. Chairperson McNeely read City Code Section 90-132 regarding stormwater runoff, and commented that she wanted to ensure that there would not be additional water run off that would affect other properties. Jim Morgan replied that stormwater runoff would be addressed during the site plan review. The Board members reviewed the Preliminary Replat. Mr. Morgan advised that �� there would not be a homeowners association. Discussion followed. Planning & Zoning Board Meeting Minutes November 9, 2005 Page 2 Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the Preliminary Replat of Villa Cielo. Vote on the motion carried unanimously. Discussion followed regarding the drainage easement shown on Lot 1, and who was responsible for the maintenance of the drainage easement. City Attorney Garganese voiced his concerns that the Preliminary Plat did not show lots 2, 3 & 4 having clear rights to the drainage easement shown on Lot 1; the plat did not clearly depict the drainage easement on Lot 1; and all references to common areas, and homeowners association needed to be stricken. Discussion continued. Motion by Lamar Russell, seconded by Donald Dunn to add two conditions to the recommended approval as follows: I- The Final Replat needs to depict a drainage easement over the retention area on Lot 1. 2. The Dedication shall indicate that all easements be maintained for the benefit of the owners of Lots 1, 2, 3 & 4. Vote on the motion carried unanimously. 3. Recommendation to City Council Re: Site Plan for Villa Cielo at 377 Jefferson Avenue Avon by the Sea Subdivision - Jim Morgan Applicant. Todd Peetz, City Planner, gave an overview of the site plan. He explained that the City engineer did not meet the established deadline for review comments. He read the letter received from the City Engineer for the record. He advised that the City Engineer recommended a conditional approval, based on the drainage calculation for the stormwater management system being submitted prior to the City Council meeting. Chairperson McNeely questioned if this project received approval from the Community Appearance Board. She explained that it was a matter of policy that projects receive approval from the Community Appearance Board prior to site plan approval. Todd Morley, Building Official, later confirmed that this project had received approval from the Community Appearance Board. Discussion was held regarding the drainage easement shown on the site plan matching the preliminary replat. The Board members reviewed the submitted landscape plan. Todd Peetz advised that the landscape plan exceeds the minimum requirement. He noted that there were 15 Oak trees on 114 acre of property. The Board members continued to review the site plan. Discussion continued. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the site plan for Villa Cielo with the condition that the approval of the Community Appearance Board be verified. Discussion followed. Vote on the motion carried unanimously. Motion by Donald Dunn, seconded by Bea McNeely that all comments from the City En ineer be satisfactorily addressed. Vote on the motion carr`ecrunanimourty: -- -- -- SSA November 3, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Parr, FL 32789 RE: Preliminary Plat Review- Villa Cielo -Review #2 SSA Job No. 05-0025, Task 013.1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. incerely, David Roy Jn , PS10f Chief Surveyor DRJ:jls CC: Susan L. Chapman City Engineer's Review Fee For Review #2 — NIC NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. SI'OTII ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PL4NNERS, INC. 8680 North Atlantic Avenue P. D. Box 1639 Cape Canaveral, Florida 32924 Tel 321-78 ;-1320 Fax 321 -7g3 -76n5 Lie. UAC000329 #EB0000762 #LB0406700 u gown softcrvalciviP,prajeclslcapel}ypia dela prelim plat reHew 2.doc MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: October 28, 2005 RE: Villa Cielo Townhome Preliminary Replat Review The Public Works Department has reviewed the submittal of the above referenced project and does not have any comments or concerns. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: October 21 2005 Re: Villa Cielo Preliminary Replat Review I have reviewed the Villa Cielo Preliminary Replat and have no comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Meeting Type: Regular Meeting Date: 12-06-05 AGENDA lead'"� Considerations I tcm l {) No Management to resolve issues raised and acknowledged in the attached response from Waste Management. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: ANNUAL EVALUATION OF WASTE MANAGEMENT DEPT/DIVISION: ADMINISTRATION/CITY MANAGER (" -nt\Aim\mydocument.s\rtd�rrin\council\meeting\2005\12-06-05\wmevaI.doc Requested Action: City Council, pursuant to the franchise agreement with Waste Management, Inc,, is to evaluate annually the solid waste services provided under said franchise agreement. Summary Explanation & Background: The City Manager's office prepared the attached evaluation report and met with representatives of' Waste Management to resolve issues raised and acknowledged in the attached response from Waste Management. The company will provide an update for the implementation of the "cart" system. Please ad-6se. Exhibits Attached: Annual evaluation and Waste Management's response City Manager's Office Department ADMINISTRATION/CITY MANAGER'S OFFICE (" -nt\Aim\mydocument.s\rtd�rrin\council\meeting\2005\12-06-05\wmevaI.doc Memo To: BENNETT C. BOUCHER, CITY MANAGER From: KIM M. MC INTIRE, EXECUTIVE ASSISTANT Date: November 1, 2005 Re: WASTE MANAGEMENT ANNUAL EVALUATION Following are my comments per Section 9.0, Level of Service; Customer Complaints; Annual Evaluation by City. CONTRACTOR'S PERFORMANCE IN RESOLVING CITIZEN COMPLAINTS IN A PROFESSIONAL AND EXPEDIENT MANNER. Acceptable, but needs improvement Better Place complaints need to be closed in a timelier manner. Many times, there are open requests that are several days or weeks old. Per the agreement, the contractor shall notify the authorized representative within (24) hours of the action taken to resolve the complaint. Additionally, it should be noted that citizens and businesses often contact Waste Management directly and these concerns are not reflected in WM's quarterly reports to the City. Per the agreement, the contractor shall record complaints and shall take appropriate steps to resolve the complaint in a professional and expedient manner. The contractor shall make contact with the customer complainant for all complaints related to collection and disposal services. CONTRACTOR'S RESPONSIVENESS TO DIRECTION GIVEN BY THE AUTHORIZED REPRESENTATIVE Acceptable NUMBER OF TIMES THE CONTRACTOR HAD TO PAY LIQUIDATED DAMAGES PURSUANT TO PARAGRAPH 25.0 OF CONTRACT N/O CONTRACTOR'S PARTICIPATION IN COMMUNITY MEETINGS SPONSORED BY CITY AND CONTRACTOR'S PERFORMANCE IN RESOLVING THE COMPLAINTS RECEIVED AT THOSE MEETINGS IN A PROFESSIONAL AND EXPEDIENT MANNER ._.: CONTRACTOR'S FINANCIAL VIABILITY TO CONTINUE PERFORMING THE COLLECTION AND DISPOSAL SERVICES AS REQUIRED BY THIS AGREEMENT fIVE6 ADDITIONAL NOTES: Currently, the City is made aware of mechanical difficulties after the fact. Per the agreement, contractor shall maintain sufficient back-up collection equipment to temporarily replace collection equipment that is in a state of disrepair or is inoperable. The back-up collection equipment shall be put into service within a reasonable time and without interruption of collection and disposal services. In reviewing Better Place, there appear to be several "hot spots" within the City with a pattern of poor service: Gisele Townhomes, 8666 N. Atlantic Avenue: yard waste and recycling issues 6101 N. Atlantic Avenue aka Praetorius Lane: yard waste and garbage issues Costa del Sol, 5801 N. Banana River Blvd: yard waste, recycling and garbage issues Recreation Center, 7400 N. Atlantic Avenue: recycling issue Manatee Bay Drive: yard waste and garbage issues Respectfully submitted, Kim M. McIntire 0 Page 2 9.0 Level of Servim_Customer Complaints; Annual Evaluation By City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality and efficient level of collection and disposal services to all customers. To insure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving the complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services as required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, all failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, or in writing by mail or facsimile. When received, whether directly from the Customer or forwarded from the Authorized Representative, the Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) Solid Waste Agreement City of Cape Canaveral 1 Waste Management of Florida, Inc. Page 23 of 43 m�mm :;,. AIR _.. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave. Cape Canaveral, Florida 32920 Dear Mr. Boucher: November 29, 2005 In reference to the Annual Evaluation memo that was received, there were several issues concerning service and resolution of complaints. The Better Place complaints will be resolved within (24) hours of notification. The immediate contact persons will be Darius Jones followed-up by Jim Tuggle. Darius Jones and Jim Tuggle will see that each issue is resolved in a timely manner. In addition to the resolution of Better Place issues, complaints received from Waste Managements customer service will be recorded and resolved immediately. Mr. Jones will monitor the noted "hot spots" and follow-up with City Managers office if any issues arise. Waste Management is committed to providing the City of Cape Canaveral the best service possible. Sincerely, Bryant Thornton District Manager Meeting Type: Regular Meeting Date: 12-06-05 AGENDA xeadiu Ordinance -1" Reading Item 1 1 h a. The proposed ordinance was revised based on comments from the i 1-15-05 City Council meeting. AGENDA REPORT CITY COUNCIL OF THE CITY Of CAPE CANAVERAL SUBJECT: ORDINANCE NO. 21-2005, AMENDING CHAPTER 102, RELATING TO LAND CLEARING FOR SINGLE, TWO OR THREE-FAMILY RESIDENTIAL UNITS DEPT/DIVISION: GROWTH MANAGEMENT/PLANNING AND ZONING Requested Action: City Council consider at first reading. Ordinance No. 21-2005. amending Chapter 102, providing land clearing criteria for land that contains or will contain single family, two or three-family residential dwelling units, as recommended by the Planning and Zoning Board. Summary Explanation & Background: This was the last remaining item from the overall revisions to Chapter 102 that council adopted earlier this year. The proposed ordinance was revised based on comments from the i 1-15-05 City Council meeting. I support the Planning and Zoning Board's recommendation. Exhibits Attached: P & Z's memo; Ordinance No. 21-2005 City Manager's Office Department GROWTH MGMT/P&Z �=_a,5ze t�kiU�\mydocument.sla:iminl�=n-:ancil�meet�nq\2005\72-Ob-OS\�1-2005.doc ORDINANCE NO. 21-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II., DIVISION 2 OF THE CODE OF ORDINANCES RELATING TO LAND CLEARING FOR SMALL SCALE EXISTING AND NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES, AND SUBDIVISIONS OFTHREE (3) OR FEWER SINGLE FAMILY UNITS; 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 Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, the City Council is committed to preserving, enhancing, and creating green area within the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, on February 1, 2005, the City Council adopted Ordinance 05-2005, which significantly amended Chapter 102 of the City's Code of Ordinances relative to Land Clearing; and WHEREAS, the City Council desires to provide separate and distinct land clearing regulations for land which contains small scale existing and new residential developments such as single family units, duplexes, triplexes, and subdivisions of three (3) or fewer single family units; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 21-2005 Page 1 of 5 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 102, Vegetation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and stri-kenut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE H. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-37. Title; Applicability; Intent and Purpose; himrted Small Scale Residential Dwelling Exemption. (e) Small Scale " Residential Dwelling Exemption. All land that contains an existing residential single family dwelling unit or duplex or triplex, or which is subject to a city development order authorizing the construction of a now residential single family dwelling unit, duplex or triplex, or a subdivision with three (3) or less single family dwell ing units shall be subject to the provisions set forth in Section 102-40.5 of this Code. bptm Sec. 102-38. Enforcement and Penalties. City of Cape Canaveral Ordinance No. 21-2005 Page 2 of 5 vim mmom- amus L , Sec. 102-38. Enforcement and Penalties. City of Cape Canaveral Ordinance No. 21-2005 Page 2 of 5 (b) Penalties. In addition to all other remedies set forth in this Division, one or more of the following civil fines shall apply to violations of this Division: (1) Failure to obtain a permit required by Section 102-39 or Section 102-40-5: Fine of $250.00 per tree or 5500.00 per specimen tree removed, not to exceed 55,000.00, plus 5250.00 per 100 square feet cleared. Sec. 102-40.5. Small Scale Residential Land Clearing Requirements. The following requirements shall apply to small scale residential developments as defined in subsection (a): (a) Application; snrallscale residentialdevelopincntsdefined. Notwithstandingthe other provisions of this Division, this Section shall only apply to small scale residential developments which shall be limited to: 1 Land which contains an existing residential single family dwelling unit or duplex or triplex. 2 Land which is subject to a city development order authorizin the construction of a new residential single family dwelling unit, duplex or triplex, or a subdivision with three (3) or less single family dwelling units b Perin itRe uired. (1) No person shall engage in tree removal or land clearing without first obtaining a land clearing permit issued by the building official pursuant to Section 102-39. (22) Upon receipt of completed application, the building official shall not apply the requirements set forth in Section 102-40 and shall issue a land clearing permit authorizing the removal or clearing of any trees Iocated within the footprint of an structure approved by a city development order. (3) The removal or clearing of trees not located within the footprint of any structure approved by a city development order is subject to the criteria set forth in Section 102-40. (4) The building official may not issue a ,land clearing permit under any circumstances for the removal or clearing of specimen trees The removal of City of Cape Canaveral Ordinance No, 21-2005 Page 3 of 5 specimen trees is subject to regulation under Section 102-41, 5 There shall be no permit fee for issuance of a land clearing ermit, c Tree Survey Required fbr New Development. Developers proVosin g to construct a new residential single family dwelling unit, duplex or triplex, or a subdivision with three (3) or less single family dwelling units shall be required to submit a tree survey concurrent with submission of a building pen -nit application. Cd) Tree Ae laceinent Guidelines. (1) Each tree removed or destroyed shall he replaced by a desirable tree or such other tree properly approved by permit, or in the alternative, property owners and developers shall pay to the City's Tree Bank, $250.00 per tree removed or destroyed. (2) The replacement trees shall be a minimum of 44 inches db_h and shall be on the desirable species list under this Division. (3) Tree replacement is not required for trees removed where the removal falls under one or more exception outliner! in Subsection IO2-40(b). (e) Maintenance Requirements All property owners and developers of land shall be responsible for the proper care and maintenance of all trees located on their property which were not authorized to be cleared. All remaining trees and any transplanted trees shall be maintained in a healthy, living condition. Any transplanted tree which dies within two (2) years of planting shall be replaced and maintained by the property owner or developer. Upon the sale of an individual parcel of land, the responsibility for tree maintenance shall transfer to the new property owner. Division Otherwise Applicable. All other Sections of this Division not in conflict with the provisions of this Section are applicable to and enforceable against the property owners and developers of all land subject to this Section, including, but not limited to Sections 102-41 Specimen Trees, Section 102-44, Prohibitions, and Section 102-45, Minimum Tree Requirement. 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. City of Cape Canaveral Ordinance No. 21-2005 Page 4 of 5 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section b. 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 .2005. ROCKY RANDELS, Mayor ATTEST: For A ;ains t Bob Hoog —------- ---_— —_ Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 21-2005 rage 5 of 5 City of Cape Canaveral December 9, 2005 Jim Morgan 413 Lincoln Ave. Cape Canaveral, FL 32920 RE: Site Plan for Villa Cielo at 377 Jefferson Avenue, Avon by the Sea Subdivision — Jim Morgan, Applicant. Dear Mr. Morgan: The City Council of the City of Cape Canaveral has heard information pertaining to your Final Site Plan at their meeting held on December 6, 2005. • Based on the site plan, testimony, and other information presented, the City Council has approved the site plan of Villa Cielo, 377 Jefferson Avenue, with the following condition. 1. All comments from the City Engineer are satisfactorily addressed. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 w wwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Of Cape Canaveral City Clerk's Office 05 Polk Avenue Cape Canaveral, FL 32920 VI'LLR Cie(o c--1 ra 111111111111111111111t 1111111111,11„11„►1i1:, l'l1"111 `fs'""' ENDER: COMPLETE THIS.SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Jim Morgan 413 Lincoln Ave. Cape Canaveral, FL 32920 COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by (Printed Name) ❑ Agent ❑ Addresse C. Date of Deli. 0 t D. Is delivery address different from item 17 • Yes If YES, enter delivery address below: ❑ No 3. Sgrvice'Type ,f tCertified Maii ❑ Registered ❑ Insured Mail ❑ Express Mall ❑ Return Receipt for Merchandis ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from.service label) 839b PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-15, 1 . . - • . - rviceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma GA' ZAP-AAL v2910A r • Retum Reclept Fee 7 (Endorsement Required) 7 Restricted Delivery Fee 7 (Endorsement Required) n • Total Postage & Fees jSent To sweet, apt tro.; 443-L-i neofnr Ave. Postage Certified Fee $ $0.37 $1.75 $0.00 $ $4.42 J Jim Morgan 0280 03 G� CANA ere DE. CO92005 9/2005 or PO Box No. 4t. -- e--Canave alF L.. 32920. Certified Mail Provides: ■ A mailing receipt ■ A unique Identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years 'mportant Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mail ■ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof o delivery. To obtain Retum Receipt service, please complete and attach a Retun Receipt (PS Form 3811) to the article and add applicable postage to cover thi fee. Endorse mailpiece "Return Receipt Requested'. To receive a fee waiver fo a duplicate return receipt, a USPS® postmark on your Certified Mail receipt required. ■ For an additional fee, delivery may be restricted to the addressee o addressee's authorized agent. Advise the clerk or mark the mailpiece with th endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the arti cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. nternet access to delivery information is not available on mail addressed to APOs and FPOs. (esreney) ZOOZ eunr'o086 WJod S< Mceting Ty e: Regular MeetlnQ Date: 12-06-05 AGENDA Ileading Site Plans item 12 Nc 2. Site plan application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: STE PLAN: VILLA CIELO SITE PLAN DEPT/DIVISION: GROWTH MANAGEMENTP&Z Requested Action: City Council consider the approval of the Villa Cielo site plan, as requested by the applicant. James Morgan. and recommended by the Planning & Zoning Board. Summary Explanation & Background: The applicant desires to build (4) two-story town home units on a 0.28 acre lot. Attachments include: 1. P&Z recommendation letter 2. Site plan application 3. P&Z minutes of 11-09-05 4. Stafreomments 5. Site plan (hand-out) Exhibits Attached: Attached City Manager's.Offce Department GROWTH MGMT/P&Z, cape=nt\kira\my(focL:,ments\<ac]minlcuunc ii\meet Ing \zuu,)\i c-un-uD\ss urPdu.ul�I. City of Cape Canaveral 29, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Villa Clelo Site Plan - James E. Morgan, Applicant. At the Planning & Zoning Board meeting, held on November 9, 2005, by unanimous vote, the Board recommended approval of the above referenced Site Plan with the condition that all comments from the City Engineer be satisfactorily addressed. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 105 Polk Avenrte • Post Office Box 326 • Cape Canaveral, FL 32020-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.comlcape • email: ccapecanaveraI@cEl.rr.com Manning & Zoning Board fleeting Minutes november 9, 2005 Page 2 Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the Preliminary Replat of Villa Cielo. Vote on the motion carried unanimously. Discussion followed regarding the drainage easement shown on Lot 1, and who was responsible for the maintenance of the drainage easement. City Attorney Garganese voiced his concerrrs that the Preliminary Plat did not show lots 2, 3 & 4 having clear rights to the draiiage easement shown on Lot 1; the plat did not clearly depict the drainage ea,ment on Lot 1; and all references to common areas, and homeowners association r7oded to be stricken. Discussion continued. Motion by Lamar Russell, seconded by Pinald Dunn to add two conditions to the recommended approval as follows: The Final Replat needs to depict a drainage easement over the retention area on Lot 1. 2. The Dedication shall indicate that all easements be maintained for the benefit of the owners of Lots 1, 2, 3 & 4. Vote on the motion carried unanimously. 3. Recommendation to Cit Council Re: Site Plan for Villa Cielo at 377 Jefferson AvenuE., f Avon b the Sea Subdivision - Jim Morgan, ApQlicant. i Todd Peetz, Cit Planner, , gave an overview of the site plan. He explained that the City engineer slid not meet the established deadline for review comments. He read the letter received from the City Engineer for the record. He advised that the City Engineer recommended a conditional approval, based on the drainage calculation for the stormwater management system being submitted prior to the City Council meeting. Chairperson McNeely questioned if this project received approval Appearance Board. She explained that it was a matter of policy that projects receive from the Community approval ldinci U, from the Community Appearance Board prior to site plan approval. Todd Morley Buirova Official, later confirmed that this project had received approval from the Community Appearance! Board. Discussion was held regarding the drainage easement shown an the site plan matching the preliminary replat. The Board members reviewed the submitted landscape plan. Todd Peetz advised that the landscape plan exceeds the minimum requirement. He noted that there were 15 Oak trees on 114 acre of property. The Board members continued to review the site —fJ plan. Discussion continued. Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the site plan for Villa Cielo with the condition that the approval of the Community Appearance Board be verified. Discussion followed. Vote on the motion carries! unanimously. Motion by Donald Dunn, seconded by Bea McNeely that all comments from the City Engineer be satisfactorily addressed. Vote on the motion carne unanimous y. City of Cape Canaveral Site Plan Villa Cielo Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: James Morgan Range: 37 Township: 23 Section: 24 0.28 +/- Acres 4 residential 4 Proposed- ensity; IT29 DUTT-_-- Current Future Land Use: R-2 Residential Current Zoning: R-2 Residential Description: The applicant proposes to build four (4), two story townhome units on a 0.28 acre lot. The subject site is located on the northwest quadrant of Magnolia Avenue and Jefferson Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Single Family Residential Single Family Residential Single Family Residential Multi Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AlA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 3 to 4 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could 1,000 to 1,200 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD, Approximately 2.4.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 1,200 to 1,400 gallons per day. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Palm Beach sand soil type. Palm Beach soils are sandy and moderately drained soils that are nearly level. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or FIoodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The potential addition is unknown at this time. However it probably would not exceed 10 persons based on the maximum number of residential units. f �E DATE:_ PROJECT INA LEGAL DESCRIpnO�,-: c 0� �ERfS, .ADDRESS: 9 - - 'A s - C) s - x" r g OF z�-RCMT-ECT/EXGLNEER: r r~ PHONE -NZ,--NIBER: APPLIC:LN7'S SIGNA � ♦ �'j7-Lie:`--� �)` V O ti��rER OR A PHOtiE N-C,�LBER. G `Ed L.,% NT -7 C a ki SITE PLAN APPROVAL PROCEDURE: Step 1.. Site Plan Submittal and Review Required Yes No . dew commercial building or structure? 'New resident7a1 Structures _ units? with three or more d�vea Commercial additions exceedina $y0 square fent? if yes has been checked on anv of the above. a_site-plan�ub L required. - q _..._ _ -- -- mlrtal end rev2e��• Step 2. Submit fire (z, co les Profe��" P of tl e sire plan sued and sealed by a Zonal Engineer, licensed in the State of Florida along ruing fee to the Building Of 30 days prior to the Pfa �vatb,a Zoning Board meating. (The Board meets antng and of every month.) is the 2nd and 4th �� ednesdav The Building Department shalldeparcdistribute the site plans to the ubrnitments aIId return comments to the applicant witltio th following submit al_ dans of its 1. Clrti' EngiDeer 7• Building �. Depar-Lmeat 3 • Fire Official 4. Florida Department of Environmental Protection (i appropriate) Step 3. The applicant sbail return nine With written res (�} copies of the revised site plan along poises to all cotnmeats at least seven (ij days prior to a Planning and Zoaing meetiz�� t• Step 4. Compiiance with StorMWQter Concurrency Management. Step 5- The Building Department wi3l return orae (1} ca v of the aPPli�nt married With the Board's approval subject to contingencies Plan to the applicable-) (if SITE PLAN CEECRTIST SITE PLAN ZNFOR-NUTION: {General) Yes No N.A_ Size,heiaht, number of units and Ioeati on of proposed and em-stina structures. / Y Dunensions _._ -T-otal -c'ros; area ---and ercentaaa----.._.-- P devoted to structures, P2 and Iandsc.apuna. Number of urLiL umber ofparking spaces and loading zones Trafirc flow diagram IX Density (units per acre) Locntiorr and dimension for the following areas: Parl;(s) -�/ Caoal(s) Water- av(s) Boat slip(s) yX. Parrking Swimming pooI(s) Driveway(s) "� Recreation ST PLAIN CBECKLIST (CONTINUED) UED) PAGE 2 yes No N.A. Trash a� Sidewalks Dune crossovers Other (specif".) Type of eQciasure_for.co_mmunal_tra<h-coatainer(s) r Fire alarm and standpipe data - Visinin- map i' Location or' planned landscaping FiniGhed zmdes for- the followini: Entire parcel Fiaished floors Srreetc Parking lots - — Sidewalks 10" of adioU nQ property Details. sections and specifications Street Lights Water and sewer L71 r rLAN CT-JECK,IS- + ` PA_ E 3 Yes No N.A. Paving and drainage Cllrl)5 Storm drains Sidewalks L� EnQineet-'s-seat. on drawings Souare foota`'a o f huildin? - - areas 1 Living / y L" Parking �f. Other (spe—cify) Total under roof Required nates: L--� �vf/ Sidewalk and snrtitary severs to be constructed to City of Cape Canaveral standards N- Vater dines to confor,n to City of Cocoa standards Fire alarm sYste:n to be Cape Canaveral Fire Departure installed tanda sect to City of TQPOC��,pMC SL7R- L �C and G.S. darum plane trent Huhts Meeting Type: Planning and Zoning Board Meeting Mecting Date: 11/09/05 AGENDA REPORT PLANNING AND ZONING THE CITY OF CAPE CANAVERAL AGENDA Heading Site Plan Etetn #3 No. SUBJECT: Site Plan of Villa Cielo Townhomes, Lots 7 and 8, Block 15, Avon by the Sea Subdivision Jefferson and Magnolia Avenues. DEPT./DIVISION: Building Department Requested Action: Recommend to the City Council to approve/deny site plan or table. Summary Explanation & Background: The applicant has submitted a site plan for Villa Cielo located on the southwest corner of Jefferson and Magnolia Avenues. The site plan provides four residential lots to be built at the corner of Jefferson and Magnolia Avenues. There was a delay in submitting engineering review comments back to the applicant in the time required by code. It is up to the applicant to adequately address engineering comments by the Planning and Zoning meeting. If continents are not satisfactorily addressed it is recommended the site plan be tabled. Exhibits Attached: #1 Application, #2 Staff Reports and #3 Site plan drawing. City Planner's Office Department: Building Department Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: October 6, 2005 Re: Villa Cieio Site Plan Review I have reviewed the Villa Cielo Site Plan and do not have any additional comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: November 1, 2005 RE: Villa Cielo Townhome Site Plan Review The Public Works Department has reviewed the submittal of the site plan review for the above referenced project. The noted comments of October 4`h 2005 review have been satisfactorily addressed. The Public Works Director does not have any additional comments or concerns. Further review will be conducted during the permitting process for compliance of all local and state codes. The Engineer of Record is responsible for any requirements not identified by the City. Page 1 of 1 Matthew Boerger From: Todd Peetz Sent: Monday, October 10, 2005 11:03 AM To: Matthew Boerger Subject: FW: Villa Cielo (Site Plan) From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Tuesday, October 04, 2005 9:04 AM To: Todd Peetz Subject: Re: Villa Cielo (Site Pian) Todd, We have reviewed the site plan and have no comment at this time. 10/12/2005 TO: FROM: DATE: RE: MEMORANDUM Todd Peetz Miller Legg & Associates Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 September 30, 2005 am. FILE' COPY Stormwater Review — CorriveauNilla Cielo Townhomes I have the following questions/comments: Are the "grass areas" between the driveways actually swales for the collection of Stormwater? • Please take the necessary measures to keep debris and sediment out of the streets and the storm drain inlet located at the corner of Jefferson and Magnolia Avenues. ✓I JI ILCdS November 9, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 SQtlth Orlando Avenue Suit: 2010 Winter Park, Fl- 32789 RE' Site Plan - Villa Cield - Review #2 SSA Job W. 05-0025, Task 011-100.4 Dear Mr. Peetz: SQA SSA gas revievred the above -referenced praject and t;ased on our review, SSA recommends said plan for conditional approva! as folao%is: 1. Drainage calcuiatiorts for the Stormurater Management Syste'rn be submitted Pilor to City Councii rneeting This review does not relieve: the applicant frcrr other local, state, and federal agencies having aolnat Mesita#ertthe project site. Should you have ar;y, questi ns regarding this letter, piease Sincerely. Stottler Stagg & Associates Architects, Engjnieers, Plannens, Inc. " --- _-- JahV?11�74Pa4�k_ar— , p� Sr. Vice President - City En0iosr l City Engineer's Review Fee for review #2 - Included in Review#1 NOTICE OF ADDITfONAL FEES As mis project is being reviewed under t �e or`git�al City cc�iytract. Pngireprir.cl F7&-`- Fo. aif r'avif3ws after2"" review '101 be billed at $05.00 per hour ST-TTI':ER STAGG & ASSO CUje t*S ARCHI'PE ra�'[zrfV ri?5 RS, I� !;!i3if7 :��i�Y': i:'ufl:ie Avrr.ze N, f}. &?K 1&40 f C. 2pe Cana'retgi, iaridt �:'.93G Lig. kA.?Cr1"Y;.29 KEf31}.T')n76,: Te] Meeting T�pc: Regular Meeting Date: 12-06-05 AGENDA REPORT AGENDA Headnw Discussion item 13 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUB,IF,CT: DISCUSSION: NORTH ATLANTIC AVENUE DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Leo Nicholas requested a discussion item on North Atlantic Avenue and possible improvements to this county roadway. Summary Explanation & Background: Currently, the City has an interlocal agreement with Brevard County to design and construct intersection improvements at North Atlantic Avenue and Central Blvd. The county is preparing an interlocal agreement for the design and construction of a middle turn lane from Central Blvd. to George King Blvd., using transportation impact fees. Please advise. Exhibits Attached: N/A City Manager's Office Department LEGISLATIVE Daae-nt. kim'(myd0cume1_Ys\admin\c0uncil\meetir.q\2005%I2-06-05\natI antic_dnc