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HomeMy WebLinkAboutAgenda Packet 03-07-2000CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: MINUTES: City of Cape Canaveral INCIL REGULAR MEETING :ITY HALL ANNEX :nue, Cape Canaveral, Florida TUESDAY March 7, 2000 7:00 P.M. AGENDA Motion to Approve: City Council Regular Meeting Minutes of February 15, 2000. ORDINANCE ADOPTIONS — Second Reading: 1. Motion to Approve: Ordinance No. 03-2000, Amending the Official Zoning Map by Rezoning Approximately 74.5 Acres from M-1 to C-2, for second reading. CONSIDERATIONS: 2. Motion to Approve: Landscaping Bid. 3. Motion to Approve: Contract Award for Baffle Box Purchase and Installation, Santa Cruz Construction in the amount of $36,050. REPORTS: 4. City Manager's Report 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net Cape Canaveral City Council Regular Meeting Agenda March 7, 2000 Page 2 AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 15, 2000 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Larry Weber Richard Treverton Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Smith Public Works Director, Edward Gardulski Building Inspector, Morris Reid City Treasurer, Andrea Bowers PRESENTATIONS: City Manager, Bennett Boucher presented the Government Finance Officers Association Certificate of Achievement and Award of Financial Reporting to City Treasurer, Andrea Bowers. He explained that it is awarded to governmental entities meeting criteria set by governmental accounting standards. Mr. Boucher commended the Treasurer and Finance Department staff for their consistent efforts. MINUTES: A motion was made by Mr. Bruns and seconded by Mr. Weber to approve the City Council Regular Meeting Minutes of February 1, 2000. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 2 The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. ORDINANCES - First Reading: 1. Mayor Randels read Ordinance No. 03-2000 by title; Amending the Official Zoning Map by Rezoning Approximately 74.5 Acres from M-1 to C-2, for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF TAX PARCELS 750, 755, 756, 757, 758, 760, 768, 782, 784, 785, 786, 787, 788, 796, 804, 806, 813, 815, 822, O, R, 752, A, B, C, D, E1, E2, H, I, J1, K, L, M, 500 AND 502, CONTAINING APPROXIMATELY 74.5 ACRES, FROM THE CLASSIFICATION OF M-1 (LIGHT INDUSTRIAL) TO C-2 (COMMERCIAL/MANUFACTURING DISTRICT); AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve Ordinance 03-2000 for second reading. Mr. Bruns explained that the issue has been discussed extensively and will provide a service to the property owners by not requiring owners to apply individually. Mr. Petsos and Mr. Treverton stated that this administrative zoning would preclude spot zoning. Mr. Leo Nicholas, resident and Planning and Zoning Board Member, queried about the meaning of outside displays as mentioned in the ordinance. The issue will be clarified at the next meeting. The codebook in the Council Chamber has not been updated with the most current supplement. The ordinance was duly noticed and certified letters sent to property owners. Letters are not required to meet legal notification requirements. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 2. Mayor Randels read Ordinance No. 04-2000 by title, Amending Section 110- 470, Fence, Wall and Hedges, for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 110-470, FENCES, WALLS AND HEDGES; REPEALING FENCE EXCEPTIONS; PROHIBITING FENCES IN ALL FRONT YARDS AND PROVIDING REFERENCE PERFORMANCE Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 3 STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Weber and seconded by Mr. Bruns to approve Ordinance 04-2000 for second reading. Mr. Petsos opined that there are residents who need the special exception for fences in front yards and would, therefore, be opposed to the ordinance. Ms. Beatrice McNeely, Planning and Zoning Chair explained that the ordinance is intended to make the regulations clear. City Attorney, Kohn Bennett, explained that the Planning and Zoning Board wanted to get away from the fence exemption that allowed for six-foot heights. He related that the setbacks and heights probably should be considered as separate issues from allowing front yard fences. Mayor Randels illustrated that as the ordinance is worded, condominiums would not be allowed to enclose their property, nor would gated communities. Mr. Bennett related that the Planning and Zoning Board is fully aware of the connotation of the ordinance language. Mr. Petsos further related that residents on dead end streets or with extenuating circumstances should not be denied the special exemption provision. Mr. Nicholas explained that conditions that allowed some fences disappeared with property owners; therefore, granting fences to remain when the cause is no longer in existence is detrimental. Mr. Petsos made a motion and Mr. Bruns seconded to table the ordinance to facilitate readdressing by the Planning and Zoning Board. The motion passed 5- 0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. RESOLUTIONS: 3. Mayor Randels read Resolution No. 2000-06 by title. Appointing an Alternate Member to the Business & Cultural Development Board. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 2000-06, inserting the name William Young. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 4 CONSIDERATIONS: 4. City Treasurer, Andrea Bowers, reported that the budget is essentially within projections. The Bond Issue was to have been closed in 1996, however, was not. Council Approval is required to transfer funds to pay the outstanding $10,000 bond. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Quarterly Treasurer's Report and Budget Transfers. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. Mr. Bruns queried if investigative fees are still being received. Ms. Bowers confirmed that they are. 5. Public Works Director, Ed Gardulski explained that this vehicle was budgeted last year, however, due to unforeseen needs, the vehicle was deferred until this budget year. He explained that another vehicle would need to be replaced next budget year. Mr. Petsos explained that this issue is an example of why Council should be involved in budget workshops prior to the initial budget document preparation and straight from each department's initial requests, before any cuts have been made. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Cooperative Purchase of a 3/4 -Ton Pick-up for the Streets/Maintenance Department in the Amount of $16,616. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 6. Public Works Director, Ed Gardulski, explained that the proposed Public Works copier is also a network printer. He explained that digital is a state of the art system and individual printers are aging. A motion was made by Mr. Weber and seconded by Mr. Petsos to approve the Cooperative Purchase of a Digital Copier for the Public Works Department in the Amount of $10,772. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 5 7. Public Works Director, Ed Gardulski, explained that this is the first change order that adds a number of streets. He related that Hankins has done a good job and has agreed to extend the contract cost for the change order. There will be other future change orders to add streets. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Reuse Project Phase III Extension, Part #2 Change Order to Carl Hankins, Inc. in the amount of $171,348.70 to be appropriated from impact fees. Mr. Gardulski reported that the contractor is gaining the time lost from their initial late start. Council clarified that the time extension is appropriate for only the work covered in the change order. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. 8. Public Works Director, Ed Gardulski, explained that the City let a joint bid with the City of Cocoa Beach for the current street sweeping contract and that it has worked well. Both cities are satisfied with the monthly sweeping service. The company offers to extend the contract for a third year at the same cost. The sand being collected is currently disposed at Manatee Sanctuary Park. Council clarified that it is a budgeted item. Mr. Nicholas noted that stormwater issues reflect that sand collected is likely impure and should be tested. Council concurred. A motion was made by Mr. Petsos and seconded by Mr. Weber to approve the Street Sweeping Contract Annual Renewal with USA Services of Florida, Inc. The motion passed 5-0, with voting as follows: Mr. Weber, For; Mr. Treverton, For; Mr. Bruns, For; Mayor Pro Tem Petsos, For and Mayor Randels, For. DISCUSSION: 9. Reuse Construction Project Update. Public Works Director, Ed Gardulski, explained that his distributed memorandum reflects their process. The contractors have hit only one water line that was mislocated by the City of Cocoa, and there have been no complaints by residents. Mr. Carl Hankins was present and related that they are pleased with their relationship with the City on this project. Restoration will begin this week and three personnel are being added to the workforce this week. He related that pipe costs are increasing along with petroleum prices. Phase IV is being pursued actively to procure the pipe, regardless of the contractor awarded the project to secure the current cost. He related that Phase IV should begin in December. Mr. Gardulski reported that he has requested a $250,000 grant from Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 6 SJRWMD that will be awarded in July. The City's ranking will be determined and revealed this Friday. Council commended Mr. Hankins on his company's work. 10. Sign Code Amendment Update Mr. Boucher explained that Council requested an update after Planning and Zoning's last meeting. They suggested clarifying the ordinance, leaving intact the size, amortization and another issue to be considered possibly by referendum. Mr. Petsos opined that although the referendum takes Council off the hot seat, residents likely expect Council to make those decisions. Mr. Boucher related that he attended a Chamber of Commerce meeting in Cocoa Beach that sent a message to the County to retain the current ordinance, but start enforcing the regulations. He further reported that various town meetings would be conducted on the sign issue. Mr. Bruns opined further that Council should proceed cautiously with public input, but not necessarily by referendum. Mr. Treverton related that this topic is one that the average family does not generally discuss. Possibly, it could be successful. He suggested that research could be conducted to determine how other municipalities approached their sign ordinance restrictions. Mr. Weber related that Port Orange and Satellite Beach are local municipalities that have recently undergone drastic sign ordinance changes. Mayor Randels concurred that Council should make the decision based on public input. Mr. Nicholas commented that referenda are binding until changed by another referendum, which could be exorbitantly time consuming, expensive and potentially detrimental. Mr. Treverton related that a straw ballot would be a more logical recourse in that it provides a non-binding poll. REPORTS: City Manager — Bennett Boucher o Mr. Boucher queried when the sand fencing volunteer project would be conducted. Mr. Petsos reported that it would be February 26, 2000. o Mr. Boucher queried if Council should reschedule the joint meeting with the City of Cocoa Beach. Council concurred. The causeway vulnerability study and All transportation study are potential agenda items. o Mr. Boucher was appointed as Chair of the Local Mitigation Study Committee again for this year. He reported that a system is being devised to utilize the county's reverse 911 system to notify residents of potential localized emergencies. Wastewater capital equipment project is holding up the sewer impact fee study and requested. Council concurred to set the workshop for Thursday, February 24, 2000 at 5:00 p.m. Backup information will be distributed to Council this week. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 7 o Mr. Petsos is conducting a beach cleaning demonstration at 2:00 on Thursday, February 17. The demonstration will be conducted at the beach end of Tyler. City Attorney, Kohn Bennett, related that notice must be posted and minutes maintained. o Mr. Boucher reported that contractors have reported problems with Building Department personnel and other building department concerns. He suggested that a March Town Forum should be a good process to provide feedback to developers and contractors. Mr. Petsos suggested that the meeting should be thoroughly advertised. Mr. Weber reported that he has been involved with agencies that provided one-stop shops effort. o Mr. Boucher reported that Mr. Gardulski distributed a memorandum outlining the Public Works Department current projects. Audience o Mr. John Murphy spoke on behalf of the owner of Discovery Bay. He related that the City, the contractor and owner made mistakes. He related that he had an agreement with the property owner to select landscaping. Some of those trees did not meet the current City ordinance regulations. He clarified that the owner has agreed to meet the current landscape code within the next two weeks. However, he noted, it was grievous reaching the determination. He related that re -inspections were nit-picking items not on the original list, and that this type of re -inspection only occurs in Cape Canaveral. He opined that something should be done so that contractors can meet code requirements without suffering unreasonable re -inspection costs. Mr. Murphy cited an example of selective enforcement in that the owner rented one end of the building to another company and stored the business furnishings in an unoccupied space that did not have its certificate of occupancy. He explained that the burning issue is that the Budget Rental Agency stored cars before a driveway was approved and certainly not a certificate of occupancy, in full public view. He related that it is obviously selective enforcement of the Code. Mr. Murphy commended the Public Works Department for their efforts to assist them with information to fully comply with regulations under their purview. He touted them as good examples of what public servants should be. Council concurred that consistency and fairness should be of utmost importance. Mr. Ari Tezel, owner of Discovery Bay, clarified that he has no personal issue with anyone. He stated that he is becoming paranoid recently with trying to develop his property in the City of Cape Canaveral. He related that the problem is in communication with the Building Department. He stated that there are black holes in the building department. Things are lost too often. He stated that he built a 109,000 sq. ft. building in Minneapolis within nine months from beginning to end. Mr. Tezel explained that the problems in Cape Canaveral began with landscaping. He explained that his issue is that no directive was given until after the landscaping was installed. He then read a memo regarding Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 8 the landscaping requirements (from the building official). Mr. Tezel maintained that the City held the plans for the project and that the building department should have notified the developer of any changes that occurred since the project approval. He was told that a certificate of occupancy would not be issued until three-inch trees were installed. He further related that he lost two tenants due to the displeasure they experienced with the City. He related that he met with the City Manager and Building Official to obtain a better understanding of the issue. He stated that Mr. Franklin was offensive in his response to efforts to communicate to enable rectifying the problems. His site plan was approved before the regulations were changed. Mr. Tezel related that every person in the building department interprets the code differently. He further stated that the Building Official does not know the code and it is a poor reflection on the City and that the situation within the City is not healthy. Mr. Boucher responded that upon compliance with the Building Official's memorandum, the certificate of occupancy could be issued. Mr. Tezel expressed concern that this document may not be followed because the approved site plan was dishonored. He reiterated that the inconsistency as proven in the Building Department remains disconcerting. Mr. Bruns thanked Mr. Tezel, however, pointed out that this is not a Council issue. The City Manager is the authority to address the problem. The City Attorney related that the disagreements with the Building Official's interpretation should be questioned before the Board of Adjustment. Mr. Tezel stated that he was never informed. Mr. Nicholas opined that he believes the most crucial issue is with the Building Official because he does not know the code. He related that some of those problems stem from his lack of knowledge. Mr. Nicholas related that the City has never experienced this level of dissatisfaction with processes flowing through the Building Official position. He opined that a meeting is a good idea and it should be made clear that the regulations are to be complied with. Contractors also have a responsibility to be forthright in their planning as well. City Clerk — Sandra Smith • No report City Attorney — Kohn Bennett o Need to schedule a Council seminar on sunshine law, voting conflict of interest and other pertinent procedural and responsibility issues that are being ignored. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 9 City Council Member — Larry Weber Mr. Weber queried about the status of the A1A landscaping project. Mr. Gardulski reported on the multiple elements that need to be addressed. Mr. Weber also queried about the proposed traffic light at International Drive. Mr. Gardulski responded that he has spoken with the County Engineer and FDOT. City Council Member — Richard Treverton o Mr. Treverton commended Mr. Gardulski for the report on tree planting and expressed eagerness to start the actual planting. o Mr. Treverton suggested pursuing another P2000 grant for the street end of Center Street for another riverfront park, if possible. o Mr. Treverton expressed concern that overgrown vegetation and trees are obstructing intersection vision. City Council Member — Burt Bruns Mr. Bruns commented that there is activity at Washington Park,' and queried about the status. Mr. Gardulski reported that holes are currently being dug for trees in honor of Arbor Day. o Mr. Bruns reiterated his opinion that a legitimate site plan for the Villages of Seaport should be confirmed before further permits are issued. Building Inspector, Morris Reid, responded that the approved site plan was retrieved from microfilm and a copy received from the developer, and they coincide. Mr. Bruns queried about the affect of the approval as it relates to lack of construction over the past years. Mr. Reid responded that he does not know of a reason that the site plan should be invalidated. Mayor Pro Tem — Buzz Petsos • Mr. Petsos commented on the Town Hall Meeting and expressed concern that citizens have an opportunity to hear about the meeting. He further suggested that the Canaveral Port Authority display visuals. • Mr. Petsos queried about the status of the City's master computer plan. Mr. Boucher responded that departments are currently submitting proposals for inclusion. Cape Canaveral City Council Regular Meeting Minutes February 15, 2000 Page 10 Mayor — Rocky Randels • Mayor Randels queried if the City is interested in pursuing any grant cost- sharing opportunities. Mr. Boucher clarified that big ticket items should be approved by Council first. Council concurred that most grants require cost sharing. • Mayor Randels distributed a green sticker that he would like Council to consider distributing with the Community Policing mail out and other information. Council concurred that staff should submit their ideas and costs as well for consideration of all items. • Mayor Randels shared a memorandum from a contractor expressing concern about items that should be on the building permits as well as other building concerns. There being no further business, the meeting adjourned at 9:55pm. Rocky Randels, MAYOR Sandra Smith, CITY CLERK Cape Canaveral City Council Regular Meeting Agenda March 7, 2000 Page 2 AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 03-07-00 AGENDA Heading Ordinances — 2nd Reailing Summary Explanation & Background: Item 1 ive No. Planner Todd Peeetz will be in attendance to help answer any questions you or the public may have. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2000, AMENDING THE OFFICIAL ZONING MAP BY REZONING 74.5 ACRES FROM M-1 TO C-2 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the rezoning of 74.5 acres from M-1 to C-2 as indicated in the attached documentation. Summary Explanation & Background: This ordinance will rezone 74.5 acres from M-1 to C-2, This rezoning is consistent with the comprehen ive plan and future land use map. Planner Todd Peeetz will be in attendance to help answer any questions you or the public may have. Please advise. Exhibits Attached: Ordinance No. 03-2000 City a is Office Department LEGISLATIVE _g;Gadffi—n/counctl/meeA�g/`2 N�3� 3-ZUW.doc ORDINANCE NO. 03-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF TAX PARCELS 26, 500, 502, 750, 756, 757, 758, 760, 768, 782, 784, 785, 786, 787, 788, 796, 804, 806, 813, 815, 822, 824, 825, JIA, JIB, JIC, JID, JIE1, JIE2, JIE3, JII, JIJ, Jill, JIG, JIK, JIL, AND JIM, CONTAINING APPROXIMATELY 74.5 ACRES, FROM THE CLASSIFICATION OF M-1 (LIGHT INDUSTRIAL) TO C-2 (COMMERCIAL/MANUFACTURING DISTRICT); AS DESCRIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Board of the City of Cape Canaveral, Florida sitting in its dual capacity as the Planning and Zoning Board and as the Local Planning Agency has held public hearings on changes to the zoning classification on the property indicated below; and WHEREAS, the Planning and Zoning Board has issued a written report regarding its recommendation to the City Council; and WHEREAS, the public was heard at a regular meeting of the City Council, on the petition requesting changes indicated below and, after full discussion, the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification; and WHEREAS, the City Council, based on the reasons and findings stated in the analysis and recommendation of the staff, has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1: That the Official Zoning Map of the City of Cape Canaveral, Florida, as described, in Section 110-246, Code of Ordinances is hereby amended to include a change of classification from M-1 (Light Industrial District) to C-2. (Commercial/Manufacturing District) for the property legally described as: (See Attached Exhibit A) SECTION 2: This ordinance repeals all prior ordinances and resolutions in conflict herewith. City of Cape Canaveral, Florida Ordinance No. 03-2000 Page 2 SECTION 3: If any section, paragraph, phrase or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 4: This ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral. ADOPTED BY the City of Cape Canaveral, Florida this day of .2000. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Smith, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY LPA Hearing: First Reading: Posted: Published: Second Reading: 11Cape-nticityclerk\CityClk\Ordinances\ZONING1Administrative C-2 rezoning.DOC Ordinance No. 03-2000 Exhibit "A" Owner Tax Parcel I.D. Legal Description Acres j Parcel Silicon Beach JIC 24-37-23-JI-OOOOC.0- University as Per Survey Bk 1 Pgs 1.08 Properties 0000.00 106, 108 Parcel C O'Brien, JID& 24-37-23-JI-OOOOD.0- University as Per Survey Bk 1 Pgs 1.84 Randall JIK 0000.00 106 & 108 Parcels D & K Tech -Vest, Inc. JIE1 24 -37 -23 -JI- University as Per Survey Bk 1 Pgs .91 OOOOE.1.0000.00 106, 108 Parcel E1 Tech -Vest JIE2 24-37-23-JI-OOOOE.2- University as Per Survey Bk 1 Pgs 1.06 0000.00 106, 108 Parcel E2 Canaveral JI 24 -37 -23 -JI -00001.0- University as Per Survey Book 1 1.15 Industries, Inc. 0000.00 Pgs 106 & 108 PAR I & Part of PAR E3 as Desc in Parcel 2 of ORB 3408 PG 1996 Time Warner JJ 24-37-22-JI-OOOOJ.0- Plat of Survey for Loma Linda .41 Entertainment 0000.00 University as per Survey Book 1 Pgs 106, 108 Parcel J Tech -Vest J11 24-37-23-J1-00001.1- University as Per Survey Book 1 .31 0000.00 Pgs 106 & 108 All of Vacated 80 FT Stret Lying W of PAR I Tech -Vest JIE3 24-37-23-JI-OOOOE.3- University as Per Survey Book 1 1.8 0000.00 Pgs 106 & 108 parcels E3 & G and # 1/2 of Vacstreet W of par E3 Exc ars 1 & 2 of ORB 3408 PG 1996 Tech -Vest JIG 24 -37 -23 -JI- University as Per Survey Book 1 1.01 OOOOG.0-0000.00 Pgs 106 & 108 Part of Par G as Desc in Parcel 1 of ORB 3408 PG 1996 Tech -Vest JIL 24-37-23-JI-OOOOL.0- University as Per Survey Bk 1 Pgs 2 0000.00 106, 108 Parcek L & 1/2 Vac St on W Tech -Vest JIM 24 -37 -23 -JI- University as Per Survey Bk 1 Pgs .88 OOOOM.0-0000.00 106, 108 Parcel M & 1/2 Vac St on W Johnson 500 24-37-23-00- That Pt of the NW 1/4 of SW 1/4 10.86 Controls World 00500.0-0000.00 TR H & R of Survey Book 1-106 & Services that Pt of GL -3 IN Sec 22 AS DESCIN orb 2815 pg 1497 par 00- 502; 22-00-750 & 752 AJT, Ltd 756 24-37-15-00- Part of Lots 2 & 3 as Desc in ORB 4.18 00756.0-0000.00 3623 PG 2263 27.49 Ordinance No. 03-2000 Exhibit "A" j Owner Tax Parcel I.D. Legal Description Acres Parcel Cevesco, Inc. 26 24-37-15-00- A Parcel of Land in the NE 1/4 3 750 00026.0-0000.00 Lying E of Astronaut Blvd N of ORB 3623 Pg 2263 and W & S of ORB 3576 PG 2618 Berger, Arthur 757 24-37-15-00- Part of Lots 3 & 4 as Desc in ORB .73 W. Jr. 00757.0-0000.00 577 Pgs 843 & 845, 1718 Pg 772 PAR 782 Sheldon Cove, 758 24-37-15-00- Part of Govt Lot 3 as Dex in ORB 2.61 LTD 00758.0-0000.00 601 Pg 651 Nasajpour, 760 24-37-15-00- Part of GL 3 as Desc in ORB 2222 2.84 Abulghasem, 787 00760.0-0000.00 PG 215, 2244 PG 1220, 2273 PG Trustee 788 317 PAR 787 & 788 Shuford 768 24-37-15-00- Part of Govt Lots 3,4 in SE 1/4 5.51 Development 00768.0-0000.00 Lying Nely of ST RD 401 as DES Co. in ORB 941 PG 372 G. Patton 784 24-37-15-00- Part of Govt Lot 3 as Des in ORB 1.05 Enterprises, 00784.0-0000.00 1876 PG 56 1 nc. Berger, Arthur 785 24-37-15-00- Pt of Govt Lot 3 as Des in ORB .91 W. 00785.0-0000.00 2086 PG 458 Rahlfs 786 24-37-15-00- Part of SE 1/4 as Des in ORB 1.56 Enterprises, LC 00786.0-0000.00 2207 PG 1641 Pearson, Henry 796 24-37-15-00---796.0- Pt of Govt Lot 3 as Des in ORB .83 J. 0000.00 2361 PG 133 Ex ORB 2407 PG 509, 2482, PG 1903, 2767, PG 1707 Sheldon Cove, 804 24-37-15-00- Part of SE 1/4 as Desc in ORB 2.56 LTD 00804.0-0000.00 3677 PG 4215 Rahlfs 806 24-37-15-00- Pt of Govt Lot 3 as Des in ORB .5 Enterprises L C 00806.0-0000.00 2482 PG 1903 Rahlfs 813 24-37-15-00813.0- Part of Govt Lot 3 as Desc in ORB 3.11 0000.00 2767 PG 1707 Cape 815 24-37-15-00-00- Pt of Gov't Lot 4 as Desc in ORB 12.44 Canaveral 00815.0-0000.00 2995 Pg 3724 Joint Venture Allison Storage 822 24-37-15-00- Part of S 1/2 of Govt Lot 3 as Desc 1.5 Corporation 00822.0-0000.00 in ORB 3393 PG 3652 Kuczek, 824 24-37-15-00- Part of Govt Lot 3 & Part of Filled 2.04 William J, 00824.0-0000.00 Land as Desc in ORB 3500 PG Trustee 3630 McDonald's 825 24-37-15-00- Part of Govt Lot 3 & Part of Filled 1.48 Corp. 00825.0-0000.00 Land as Desc in ORB 3531 PG 1978 42.67 Ordinance No. 03-2000 Exhibit "X Owner Tax Parcel I.D. Legal Description Acres Parcel Catambay, JIA 24-37-23-JI-OOOOA.0- University as Per Survey Bk 1 2.11 William 0000.00 PGS 106, 108 Parcel A Catambay, JIB 24 -37 -23 -JI -000013.0- University as Per Survey Bk 1 Pgs 1.02 William 0000.00 106, 108 Parcel B 3.13 G:1CityCIk\Ordinai Pronosed ORDINANCE NO. 04-99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 110, Zoning, Article VII, Districts, is hereby amended by the addition of a new Division 8, C-2 Commercial/Manufacturing District, under Sections 110-380 through 110-389, inclusive, as follows: Section 110-380 Intent. The requirements for the C-2 commerciaUmanufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shall be considered in the fire district, as per the definition in Section 110-1 and shall be built in conformance with the rules and regulations of fire districts. Section 110-381 Principal Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal . service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. T- City of Cape Canaveral Ordinance No. 04-99 Page 2 3. Dry cleaning establishments using non-flammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 9. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 10. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 11. Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the. building, including pump islands. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. C. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with Section 110-493. e. No service stations shall be erected or located within 150 feet City of Cape Canaveral. Ordinance No. 04-99 Page 3 of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of Section 110-566, shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials and restroom facilities. G:1CityClk\Ordinances\ZOMNGIC2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 4 h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. Automotive parts, new or used, shall not be stored outside. k Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. M. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to Section 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. 12. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 5 C. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork -operated devices and parts. f. Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties, buttons and notions. M. Other similar uses. Section 110-382 Accessory Uses and Structures. In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial manufacturing character of the district, are permitted. Section 110-383 Special Exceptions Permissible by the Board of Adjustment. (a) In the C-2 commercial/manufacturing district, after public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The Board of Adjustment may adjust setbacks and provisions noted G:\CityClk\Ordir=ca\ZOMNG\C2ZONE.doc T- City of Cape Canaveral Ordinance No. 04-99 Page 6 in Article IX of this Chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in Division 5 of this Article for the C-1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. C. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. G:\CityClk\Ordhmces\ZONING\C2ZONE.dx City of Cape Canaveral Ordinance No. 04-99 Page 7 e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 7. Commercial establishments for the storage of parking recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. C. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition, so as to ensure obstruction from view. 8. Public utility equipment: uses and rights-of-way essential to serve the neighborhood in which it is located. 9. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of Section 10-86, et seq. 10. Carwashes, including polishing and sale of related materials. 11. Mini -storage and storage warehouses. 12. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110- 171. Section 110-384 Prohibited Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are prohibited: 1. All uses not specifically or provisionally permitted in this division. G:\CityClk%Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 8 2. Any use which fails to meet performance standards specifications as provided in Section 110-466. 3. Bottle clubs. 4. Crematoriums (animal or human). Section 110-385 Area and Dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. Section 110-386 Minimum Setbacks. In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as follows: 1. Front, 25 feet. G:\CityClldOrdinanc=\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 9 (See 5110-356 for special setback.) a. (t1X11���•) 2. Side (interior lot line) 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet. 3. Side (corner lot line), 25 feet. 4. Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110-356 for special setbacks.) Section 110-387 Landscaping, Screening and Parking. In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as provided in Article IX of this Chapter. Section 110-388 Performance Standards. In the C-2 commercial/manufacturing district, performance standards shall be as provided in Section 110466, et seq. Section 110-389 Parking and Loading. In the C-2 commercial/manufacturing district, off-street parking shall be as provided in Section 110-491, et seq., and off-street loading shall be as provided in Section 110-506, et seq. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. G:\CityClldOrdinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 04-99 Page 10 SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of Julv, 1999. Rocky Rande s, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Sandra O. maims, CITY CLERK Buzz Petsos Rocky Randels APPROVED TO FORM: Richard Treverton Kohn Bennett, Cl-TTORNEY Second Absent Motion X X LPA: May 12, 1999 Posted: June 6, 1999 Published: June 6, 1999 First Reading: June 15, 1999 Published: June 27, 1999 2nd Reading: July 6, 1999 c: Building Official & Planning & Zoning Board Members G:%CityClk\Ordin=ces\ZONINGIC2ZONE.doc Meeting Type: Regular Meeting Date: 03-07-00 AGENDA REPORT AGENDA Heading Considerations $91,050.44 as recommended by the public works director. Item 2 No. I support staff's recommendation. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AWARD BID NO. 2000-01, ANNUAL LANDSCAPING AND MOWING CONTRACT DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: City Council consider the award of Bid No. 2000-01 to the low bidder, Nick's Lawn Service, in the amount of $91,050.44 as recommended by the public works director. Summary Explanation & Background: See attached memo from the public works director. I support staff's recommendation. Exhibits Attached: Public works director's memo of 02-25-00 City M r' Office Department STREETS/PUBLIC WORKS g:/a o • meetin 2000/03- 000-Ol.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski WA Public Works Director DATE: February 25, 2000 SUBJECT: City Council Agenda Item for March 7, 2000 Bid Award 2000-01, Annual landscaping and mowing contract Council had requested that Staff arrange the City's two mowing contracts to terminate at the same time so that one larger contract could be advertised for bid. Hence, on January 23, 2000 the City advertised for landscape services for the City right-of-ways and the Treatment Facility. A prebid meeting was held at the City Hall Annex on Tuesday, February 1 at 3:30 to answer any questions. At this meeting the Bid Opening date was extended to February 23, at 3:00 PM, see attached notice. At the time of the bid opening, the City received three bids. Attached is a copy of the bid tab results. All the Bidder's packages were in order. The low bidder was Nick's Lawn Services in the amount of $91,050.44. This bid award will be an annual contract that is renewable yearly up to five years. The award of the bid is a unit price contract based upon work satisfactory performed within the bid areas and payment will be paid through the appropriate funds; i.e. Enterprise Fund - $8,950, Beautification Fund $82,100.44. Recommend the award of Bid no 2000-01 to Nick's Landscaping. Attachments CC: File �i LL t� O O 0 O O O O !� co 0 0 0 O o Ln0 o r0- ccoo w LO C',! -I 00 M O co uj CO 0 �: M tZ L U? 64 Vy Efi 69 E 9 ti3 ui z Q z LLJ z O O O O O O O H O O O 00 O in O O N O � O M r O CD 2 �! N zl b3 tf3 EA 69 E,9 69 LL 00 a 2 tV M N Q � y, LU © w m � LU 0 LLL � 2 v o 0 0 0 Rt LO Q N W O O O O N zO V LO m G1 O O LO _ Q N LO r r Q1 EF? J0 U 4 � 6q 9zi= N a > LLJ a U m , z z LLJ ~Q zy2z EE G z 0 LL U �uJ2 �p LLQ c a uJ J � ��' WWF LL❑ °aJz z a z w O< z w 0 Q Cr cn v�ct �c� a�a = o rA v9z� =Z amt- w z�� tai ��F- E w 0 _�< ��� ui w o Q LL win w`� Q C' o n 4 m D7 O 0 Feb -15-00 03:09P Cit of Cape Canaveral 407-799-3170 P.O City of Cape � Canaveral CITY OF CW CA14AYE UL INVITATION FOR BIDS FOR ANNUAL LANDSCAPING AND MOWING CONTRACT BID NO. 2000-01 Notice of Bid Submittal Time Extension Proposals shall be accepted until Wednesday, February 23, 2000, at 3:00 p.m. at which time Bids shall be opened. Reviewing and ranking of the firm's proposals will be by the Public Works Director. There will not be a need for any presentation by firms. The City reserves the right to withdraw this Request for Bid or any portion at any time to protect its best interest. Inquiries concerning this proposal shall be directed to Ed Gardulski, Public Works Director at (407) 868-1240. The Public Bid Opening shall be held at 3:00 p.m., Wednesday, February 23, 2000 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. 105 Polk Avenue • Poet Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fen.state.fl.us/cape/ Published Daily STATE OF FLORIDA COUNTY OF BREVARD f Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY , a newspaper published in Brevard County, Florida; that the attached copy of advertising being a in the matter of LEGAL NOTICE CITY OF CAPE CANAVERAL in the Court BID NO. 2000-01 was published in the FLORIDA TODAY NEWSPAPER in the issues of JANUARY 23, 2000 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the fust publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. (Signature of Affiant) Sworn to and subscribed before me this 23rd day of JANUARY 2000. 'XI r qy� e!� k:hhik,.i r�..�i��. LINDA L @pAUD CC{f}.`.TS3SMD^! Mf;N«BER CC654058A f�0 'My (Ji ?J!,a,�tSStQ1J EXPIRSS 4 9001 (Signature of Notary Public) LINDA L BRAUD (Name of Mifaty Typed, Printed or Stamped) Personally Known or Produced Identification Type of Identification Produced FEB _7 appp TO -L7978 -1T -1/23/00 -SUN ; POR ANNYALT=� AND BID NO.2080-01 11 The City of Cape Canaveral is a Political subdivision of the State of FIorN1a with_a population of 8,900 with approximately 1.9 square miles within the CMY limits. The City will accept written bids from qualHlod and Properly licensed business Interested in lardscap- . Ing and mowing. Businesses with demonstrated expertise in this field are Invited to submit a bid ! Instructions for bid may be ob- talned from the City of Cape Ca- naveral, ,City Clerk's office located at 105 Polk Avenue, Cape Canaveral, or call 321-868-1221inti Proposals shall be accepted i Monday, February 14, 201)0, at 3:00 P.m. at which time Bids shall ' beopened.- The. business performtrg this service shall have a strong back- ground in providing a positive worfckg relatio MIP with a City, MayorlCounciI and City Man- ; ager-tYPe government, and a his- tory of landscaping and mowing of municipal Property and right of ways. Reviewing and ranking of the firm's Proposals will be by the Public Works Director. There wia not be a need for any presentation by firms. However, there will be a Pre -Bid Meeti g to answer all questions to be held at the City Annex on Tuesday, February 1, 2000, at 3:30 P.m. The final selec- tion will be based on the short list and Presented to the City Council --The City reserves the right to -'withdraw this Request for Bid or any Portion at any time to protect Its best interest Inquiries concerning this proposal shall be directed to Ed Gardulski, Public Works Director at 11071 868-1210. - The Public Bid opening shall be field at 3:00 p.m., Monday, Febru- ary 14, 2000 at the City Hai An- nex, 111 Polk Avenue, Cape Canaveral, Florida, I. BID TAB SHEET GRAND TOTAL BID AREA- LANDSCAPED AREA 1. Mowing, Hedge Trimming, S7, so'� y" 2. Palm and Tree Trimming 6 0 II. BID AREA- RIGHT OF WAYS 1. Mowing and Edging 1, 9 8 0 0 0 in. BID AREA — W/R PLANT & LIFT STATIONS 1. Water Reclamation Plant / fl 0 0 2. Lift Stations d TOTAL OF AREAS I, II, AND III 7 10 6S 9 t q- I/ VENDOR INFORMATION: Name: NICK'S LAWN SERVICE Responsible Party: NICK STIPANOVICH Address: 140 N Tropical Trail Lo± l _ Merritt Tal ani FL 32953 Phone: 407-453-6910 ATTACHMENT "B" BID TAB SHEET I Bid Area - Landscaped Areas Unit Cost Times per Year Task Cost Total Cost A. City Hall, Annex, Library q99 Mowing Operations 386 Hedge Trimming 13 1 Palm Trimming d 1 Irj'Po SUB -TOTAL S'�40 r BSa��.0 i �lv B. Recreation Comdex Mowing Operations . 46� 38 Hedge Trimming //19160 13 Palm Trimming d 00 1 kki d 0 F~ Fe_ +^� SUB -TOTAL !r Q 1 3 �s• 6 a V —a—l-�-` C. Xeriscape Park Mowing Operations _ *,1 38 SSI • �� Hedge Trimming __&i 13 —6— Palm Trimming Po 1 o . 0 Q SUB -TOTAL D. Washington Park Mowing Operations Q • 38 1 Hedge Trimming . D p 13 Palm Trimming f� � Q �% 1 TH �G SUB -TOTAL �S • C I �/ 3 t7,f E. Canaveral & Canaveral Beach Blvd. Mowing Operations `:1�� N 1 38 Hedge Trimming l.SQ d 13 J' 9 C A Q Palm Trimming J G 0 1 p. © SUB -TOTAL e�-S' a Q � T d ftiJ D G1 o }� 7. C i/ 6 F. Ridgewood, E. Central. W. Central Mowing Operations 3 38 , Hedge Trimming IO 6 , C. D 13 Palm Trimming % j00 1 X -Z D p _1% C'.t+ � r SUB -TOTAL �cS.O C1 f - 17640 00� G. Harbor Height Mowing Operations 38 j r / 0 Hedge Trimming a D , Q D 13 D/ Palm Trimming /4 , b D 1 i aV Tr eZ I SUB -TOTAL q ATTACHMENT "/�' H. 401 Mowing Operations Hedge Trimming Palm Trimming TO.. AL>L 1 I. Columbia Dr. Mowing Operations Hedge Trimming Palm Trimming To e, - J. Undsev Ct Mowing Operations Hedge Trimming Palm Trimming -ro e,e " K. Tower Blvd. Medians Mowing Operations Hedge Trimming Palm Trimming 7-r% e e- << L. PatriOf3 Park Mowing Operations Hedge Trimming Palm Trimming -rvee--r, M. Veterans Memorial Park Mowing Operations Hedge Trimming Palm Trimming - 6- �Unit Cost j . SUB -TOTAL 4a. qlz ,)1),60 / .,ob SUB -TOTAL —ice a�.f)- LK 100 Ito - SUB -TOTAL SOS SUB -TOTAL !Va. a-IS7. D D SUB -TOTALS 115 SUB -TOTAL p BID TAB SHEET Times per Year 38 13 i I 38 13 i 38 13 /1 38 13 1 38 13 1 N. Canaveral Ballpark Mowing Operations �. 38 Hedge Trimming 1`� 7 V 13 Palm Trimming f3 1 Toll, ` I! SUB -TOTAL Task Cost A k it, 96 J-bD.bO Total Cost Y a 1,76 I z II Bid Area - Right of Ways Unit Cost A. N. Atlantic Ave. /66,00 Mowing Operations Edging Lft000 SUB -TOTAL B. Central Blvd. Mowing Operations Edging SUB -TOTAL C. Ridaewood Ave.& Beach Ends Mowing Operations Edging SUB -TOTAL D. AIA Maintenance Mowing Operations Edging SUB -TOTAL iaivivo ,r,0 ,fib �D �pd.yo ao6.D0 D i o BID TAB SHEET Times per Year Task Cost Total Cost 12 I r0V 10 OD•too 12 / 0 "OD 12 �OD•Op 10 6 �� 12 A6, d� 10 d PO III Bid Area - Water Reclamation Plant A. Plant Mowing Operations P I D/ 38 (J Q d t 6 SUB -TOTAL B. Lift Stations ! I� Mowing Operations A41 / 12 OD 1b0 Edging — =- 7 12 J p •Ob SUB -TOTAL Nate: Quantities are for evaluation purposes only. Actual quantities are subject to change. Bid Tab sheets must be submitted with Bid Package. 01 4 d00•oo IF I., 9 fe, 60 3,,, 6&6.2)0 8"'o /a, v „;r. ,.:• SWORN STA -PURSUANT TO SECTION'237.133(3)(a), Fi.ORIDA S't'ATUTF.S.:ON PUBLIC ENTITY CRIMES ORb1 MUST BE SI THIS t i + GNED AND SWORN TO IN TIM' PRESENCE OF A NOTARY PUBLIC OR O' IIER OFI'ICIAL AUTUORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Cape Canaveral :+ [print name of the public entllyj by Nick Stipanovich, Vice President f hint lndividunrs name and title] for Nick ' s Lawn Service, Inc. ' [print name of entity submitting sworn statement] whose business'address is 140 N..-Tropical Tr&'jd Lot 1 i' Merritt Island, FL 32953 and (if applicable) its Federal Employer Identification Number (FEIN) is 5 9 - 218 8 2 0 3 (If • the entity has no FEIN, include ' the' Social Security Number of the individual signing this sworn statement:, .- 2. I understand that a 'public entity crime” as defined in Paragraph 237.133(1)(g), Florida Stntutcs, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the Pnitcd States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving an0trust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that 'convicted' or "conviction" as defined in Paragraph 237.133(1)(b), Florida Stntutcs, icans a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, n any federal or state trial court of record relating to charges brought by indictment or information after my 1, 1939, as a result of a jury verdict, nonjury trial, or entry of a pica of guilty or nolo•contcndcrc. 4. I understand that an 'affiliate' as defined in Paragraph 237.133(1)(a), Florida Stntutcs. means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of" a public entity crime. The term 'affiliate' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arni's length agreement, shall be a prima facie case that one person controls another person. A person who kn wirt ng enters into a joint venture with a person who has been convicted of a public entity crime in Florida ucing the preceding 36 months shall be considered an affiliate. 5. I understand that a 'person' as defined in Paragraph 237.133(1)(c), Florida Stntutcs, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods orservices let by a public entity, or which otherwise transacts or applies to transact business with a public entity- The term 'person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. N DRUG—FREE WORKPLACE CERTIFICATION IDEUTICAL TIE BIAS - In accordance with F.S. 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commod- ities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids .will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in sub- section (1). 9' 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. VENMR S S ICu'�.TURE -4- Bid or Proposal Ohio Farmers Insurance Co. Bond Westfield Companies Westfield Center, Ohio 44251-5001 KNOW ALL MEN BY THESE PRESENTS, THAT WE, Nick's Lawn Service, Inc. ....................... ......... .. ................................................... .......................................................................................................................................................................................... ... , as Principal, and the OHIO FARMERS INSURANCE COMPANY, an Ohio corporation, with Principal Office at We Afield Center, Ohio, as Surety, are held and firmly bound unto............................................................ City of Cade Canaveral ............................................................................................................................................................................................ as Obligee, in the penal sum of5% of Amount Bid ............. DOL ARS, ............................................................................................................. lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ou our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED This .......21st ................................................. day of .... FOXIIA4rx............................. 2QQQ.. . WHEREAS the said Principal is herewith submitting proposal for.................................................................... Annual Landscaping & Mowing Contract Bid# 2000-01 ............................................................................ NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Principal shal exe- cute a contract and give bond for the faithful performance thereof, if required, within ..................... days after being notified in writing of the award of such contract to Principal, or if the Principal or Surety shall pay the Obligee the sum, not exceeding the penalty hereof, by which the amount of the contract entered into in good faith covering the said proposal, property and lawfully executed by and between the Obligee and some third party, may exceed theamount bid by Principal, then this obligation shall be void; otherwise it shall remain in full force and effect. Nick's Lawn Service, Inc. ...................................................................................... Principal /By .... � � ���i `L..�... ." ........... OHIO FARMERS IN URANCE COMPANY By....... ..... ......................................... Mary Elkins Attorney-in-fact BD 5046 - L (11/97) General POWER NO. 0994601 loo Power of Attorney Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohi Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, does by these presents make, constitute and appoint PAUL CORBLEY, MARY JANE ELKINS, JOINTLY OR SEVERALLY of MELBOURNE and State of FL its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, undertakings, and recognizances; provided, however, that the pe al sum of any one such instrument executed hereunder shall not exceed TWO MILLION DOLLARS AND NO CENTS (52,000,000)---- GUARANTEE, THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MO f TGAGE GUARAN I EE, OR BANK DEPOSITORY BONDS. and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance Company: "Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other condit onal or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." (Adopted at a meeting held on the 3rd day of July, 1957.) 'Be It Resolved, that the power and authority to appoint Attorney(s)-in-Fact granted to certain officers by a resolution of this Boarj on the 3rd day of July, 1957, is hereby also granted to any Assistant Vice -President." (Adopted at a meeting held on the 13th day of July, 1976.) This power of attorney and certificate is signed and sealed by facsimile under and by the authority of the following Resolution adopte by the Board of Directors of the Ohio Farmers Insurance Company at a meeting duly called and held on the 9th day of June, 1970: 'Be it Resolved, that the signature of any authorized officer and the seal of the Company hertofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsrile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' In Witness Whereof, OHIO FARMERS INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed this 28th day of JULY A. D., 1998 Corporate OHIO FARMERS INSURANCE COMPANY Seal Affixed6� +r� 1849 = By State of Ohio s ......James County of Medina ss.: �y'•.,,,N�••••••,,.•••' James R. Chapman Vice Prsident On this 26th day of JULY A.D., 1998 , before me personally came James R. Chapman, to me known, who, being by me dul� sworn, did depose and say, that he resides in Medina, Ohio; that he is Vice President of OHIO FARMERS INSURANCE COMPANY, the cpmpany described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument lIis such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Notarial Seal•"''mµ1 A L Affixed �Q ,.... S ..... 2 r ..... FIr State of Ohio _� �a James M. Walker Notary,Public County of Medina ss.: - y ��, My Commission Does Not Expire TF OF O r Sec. 147.03 Ohio Revised (Pode CERTIFICATE I, Richard L. Kinnaird, Jr., Assistant Secretary of the OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furtherm re, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of said Company at Westfield Center, Ohio, this21st day of February A. D., 2000 r; 1849;; BPOA01 (03-97) Richard L. Kinnaird, Jr. Assistant C 1 1 P ri IT #: 2 4 £3 6 4 NICLA ACORD- CERTIFICATE OF LIABILITY INSURANCE 02/'18/00 PRODL;CER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFO MATION Brown & Brown, Inc.- Melbourne 6767 N. Wickham Rd Suite 100 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ALTER THE COVERAGE AFFORDED BY THE POLICIES OR BELOW. Melbourne, FL 32940-2024 407 757-8686 INSURERS AFFORDING COVERAGE INSURED INSURERA:CNA Insurance Companies Nick's Lawn Service, Inc. p---a--n--y------- INSURER B:ZC Insurance Com 140 N. Tropical Trail Merritt Island, FL 3295 2 —— INSURER 0: INSURER D: --- - ---- - - 1 --- I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE'iPOUCY EXPIRATION LIMITS DATE (MM/OD/Yp T / /YY A GENERAL LIABILITY 00144622783 04/25/99 04/25/00 EACH OCCURRENCE$1 - - --- O 0 _000 --- X I COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire s50 )00___,,__, �$5 000 CLAIMSMADE X OCCUR MEDEXP (Any one person) PERSONAL & ADV INJURY $1_� 0 0 0 0 0 $1 O 10,000 GENERAL AGGREGATE O O _000 G_E_N'LAGGREGATELIMIT APPLIES PER: PRO DUCTS-COMP/OPAGG�$1 ---.._ RO- POLICY JPECT LOC j A AUTOMOBILE LIABILITY BUA144614330 X ANYAUTO 04/25/99 04/25/00 COMBINED SINGLE LIMIT �$500 (Ea accident) OOO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY L. $ (Per person) X HIRED AUTOS _ X NON -OWNED AUTOS BODILY INJURY $ (Per accident) li PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EAACCIDENTI $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG 1 $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE _$ RETENTION $ $ B WORKERS COMPENSATION AND 1-9'700102000 EMPLOYERS' LIAB I LITY 01/cl/00 01/01/01 QCPS,Y_LmU -Epj E.L. EACH ACCIDENT _$100 000 O0O E.L.DISEASE-EA EMPLOYEE $100 E.L. DISEASE-POLICYLIMIT1 $500 000 _ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICL.ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Annual Landscaping & Mowing Contract Bid# 2000-01 CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE: E)CPIRATION City of Cape Canaveral DATE THEREOF,THEISSUING INSURER WILL ENDEAVORTOMAI LI -0 D YSWRITfEN 600 Tower Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUfFAILURE TO 00 SO SHALL Cape Canaveral, FL .32920 IMPOS OBLIGATION ORLIABILI OF ANY KIND UPON THE INSURERJTS AGENTS OR REP ENT kVES. A / ORIZ RE?F,*-S ATIV L� L ACORD 25- S (7/97)1 of 2 #81388 MC1 Q ACORD CORPOFIATION 1988 REFERENCE LIST Patrick Air Force Base Contract Amount: $855,300.00 City of Cocoa Beach Contract Amount: $57,000.00 Holmes Regional Medical Center Melbourne, FL Contract Amount: $78,000 Lawn Service Landscaping Irrigation Professional Fully Stocked Greenhouse Landscape Maintenance Wholesale Mulch Pressure Cle ning Tractor Work Parking Lot S eeping Nick's Lawn Service, Inc., has been in business at the same location for almost 20 year. During this time the company has built a reputation on quality work as noted by the awards our accounts have received from the "Building a More Beautiful Brevard" program published in the USA Today newspaper. Our accounts include Patrick Air Force Base, City of Cocoa Beach, Holmes Regional Medical Center and the City of Cape Canaveral just to name a few. We invite you to drive by and see the quality work we do. Services offered by Nick's include irrigation drawings, irrigation, landscape installation, interior and exterior landscape maintenance, wholesale cypress mulch, commercial street and parking lot sweeping, hauling, bush hog and tractor work. So you can see, one call truly does it all! All Crew Chief are equipped with Nextel two-way radios, this ensures constant communication with employees, Nick and the main office. Our employees present a professional image in matching shirts provided by the company. Each crew has an on-the-job Crew Chief. In addition, Nick's has a crew specifically trained in the care of ornamentals, trees and annual flowers. The addition of this crew has proven to be very beneficial to both the company and our clients. With our professional crew on site, they can detect and treat fungus, disease or pests that can be very costly if not cared for immediately. We suggest meetings with the crew chief to discuss problems, praises and/or special projects. Nick's Lawn Service is fully licensed bonded and carries one million dollar ($1,000,000) liability insurance. We hope this will give you an idea as to how our company operates and what we will do to make sure that you will have the best lawn care and parking lot sweeping possible. REMEMBER: QUALITY ISN'T EXPENSIVE ........ IT'S PRICELESS! 140 N. Tropical Trail, #1 - Merritt island, FL 32953 - Phone 453-6910 • FAX 459-3409 Meeting Type: Regular Meeting Date: 03-07-00 AGENDA Heading Considerations $36,050 for the stormwater baffle box project, as recommended by the public works director. Item 3 No. I support staff's recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AWARD STORMWATER BAFFLE BOX CONSTRUCTION CONTRACT TO SANTA CRUZ CONSTRUCTION DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: City Council consider awarding a construction contract to Santa Cruz Construction, Inc. in the amount of $36,050 for the stormwater baffle box project, as recommended by the public works director. Summary Explanation & Background: See attached memo from Public Works Director Ed Gardulski. I support staff's recommendation. Exhibits Attached: Public works director's memo of 02-25-00 City M er' Office Department STREETS/PUBLIC WORKS :/a tl/meetin /baftle.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 25, 2000 SUBJECT: City Council Agenda Item, March 7, 2000 Contract Award for Baffle Box Purchase and Installation The City of Cape Canaveral received a St River Water Management Stormwater Matching Grant in the amount of $20,000. With this grant the City of Cape Canaveral had agreed to install a Baffle box at a location to improve water quality of stormwater that flows to the Banana River. On City Council approved the concept November 16, 1999, that was designed by SSA. This baffle box system was to be installed at site located along the south side of West Central Blvd. just east of the Canaveral Cannel. The City of Cape Canaveral advertised for bids, see attached advertisement. On the Scheduled time and date for Bid No. 2000-02 the City did not receive any Bidders. Due to the Time constraints of the Agreement with SJRWMD the City needs to move ahead with this project. To meet the July contract deadline, the Public Works Director and SSA had requested price quotes from Contractors that had an interest in the project. Attached are two quotes received from local Contractors: Sanata Cruz Construction in the amount of $36,050; and Atlantic Development of Cocoa in the amount of $51,592. Recommend the approval of the purchase and installation of a Baffle Box by Sanata Cruz Construction in the amount of $36,050 and the appropriation of the necessary funding. Attachment CC: File :11P City of C"pe Canaveral 407-799-3170 PI. 01 INVITATION FOR BIDS FOR Stormwater Improvements, Baffle Box Retrofit Bid No. 2000-02 The Citv of Cape Canaveral is a political subdivision of the State of Florida with a population of 8,900 with approximately 1.9 square -miles within its City limits. The City will accept written bids from qualified and properly licensed contractors interested inthe purchase/construction, and retrofit installation of a stormwater baffle box. Qualified firms will be knowledgeable, competent and experienced in drainage construction and traffic safety. Contractors with demonstrated expertise in this field are invited to submit a bid. Instructions for bid may be obtained from Canaveral Technigraphics located at 7980 N. Atlantic Avenue, Cape Canaveral. Proposals shall be accepted until Friday, February 18, 2000 at 3.30 p.m. at which time Bids shall be opened. The contractor aerformina this service shall have a strong background in providing a Positive working relationship with City, a Mayor/Council and City Manager type government and a history of construction of municipal stormwater systems. Reviewing and ranking of the firm's proposals will be by the Public Works Director and the City's Engineer. There will not be a need for any presentation by firms. However, there will be a Pre -Bid Meeting to answer all questions to be held at the City Annex on Monday, February 7, 2000 at 4:00 p.m. The final selection will be presented to the City Council. The City reserves the right to withdraw this Request for Bid or any portion at any time to protect its best interest. Inquiries concerning this proposal should be directed to Ed Gardulski, Public Works Dire;,tor, at (321) 868-1240 or to the City of Cape Canaveral Engineer, Stottler Stagg & Associates located a 8680 North Atlantic Avenue, Cape Canaveral, Florida 32920-1630 or by contacting John Pekar at (321) 783-1320. The Public Bid Opening shall be held on Friday, February 18, 2000, at 3:30 P.M in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Fet-09-00 02:12P City of Cape Canaveral 407-799-3170 P�02 the Orlando Sentinel ?ub!ishec Doily ttatt of ff toriba s.s. COUN-'f OF ORANGE Befcrw the ur jers rj. ^ec authority Fersonaily a,,7eare^'. DEBORAH TONS -- who or cath sa�s that hersne fs the ega, Adve.^•.:sing nepreser:atve of The Orlando Sentnei, a da ly newspap_r puoiished a; _ COCO A n R R t' V AR D County, Florida; that the a",ached copy a' adverGserrer.t, belrg a 7rdv r T AT TON --f n R A T nthema: terof pilf1fi—t"1? n the snE V ? Cour , •.vas pub:ished .n said ne.,scaae: i - the iss;:e; ct ��'1i,-:1lIIII �_ i ffiart furtne, says that the said Orlando Sel ine' is a newspaper published a: C 0117 b in said R RF V A R A County, Florida, and that the said newspaper has heretofore been continuously published in sardARE V A R b County. Florida, each Week Day and nas been entered as second-class mail matter at the pest office in C Q(0 t in said R R F V A R D County, Florida, for a period of one year next preceding the first publication of the attached copy of advertiserr,efi and affiart further says that me. !She has neither paid nor promised any persor, firm or corporation any discount, rebate. commissicr or refund for the purpose osecuring this aevertisement fo• publication in the said newspaper. i - -t Tne foregoing instrume ',vas acknowladged befcra me this t of - day of 1-�?20_00by �T)FgrRah TogFy a wne Is personally kro',m to me ar,d w o did take ar. hath. - n � -•1 t -J IYVITATION FOR GIDS FOR Stormwafer Imppro4emanta. Baine Boa Rotrent 810 No. 200602 tte C b of Cace Caraveral is a pa :;" of the Stafa of F:onta wih a population of fli win apptgtlniii 1.9 sgt.are rn.les within hin its im- rs. na Coy wit ac:opt writ'.an cies from quafled are "(01i licen5?d cort'aclors interested ,i :he owii jase,iitruction. l 1nC ro'roLlInSUItYior. of a s:crr.,aler table to,. Cualited , rrs wr. to kncwleidgeabli ;;cr3elenl and expe,ferc@C in maga ccnatrutax:n and traffic saiety. Contractors w:n demon - 51 expense 1n mis field are inrdeo to subrnd a bio. Insti Bans to -bid may be obli tion, Canaveral Technigrapnics :xaieo at ?gee tat. Atlantic Ave. n:e Caoe Canaveral. Proposals shsil be acceolad until ridgy. Febrierf/ q. 2000 at 3:30 p.n. It wnkt) U-ra B+CS shall be 0M,ied The contractor parlc(fri" this S!' ice }'fall haYO a a..'On0 background it pvevi6nD a �+• tie workvlg rolationshhp svi[hl Cicv, a Neya'Council and Gy � 6ianag4r type 9ovomrcart ane a his'ary M xnslru0cr, of mu- ncipa stomwater sp:e++a. Reviewing and ron[ng of the tkn•'s p'apasets will be by'the P�bric N'orks O�reeto' And the ! try's E.np neer. Ti ml' Act be a need for any presentation' by fimev firms. Nowaa #,ore wll be t a Pre -Biel meeting to A.n7wer all 0ues7ons to bo holo at the Gly 11 '1, on Monday FeCn;ary ., t1 2000 a; t:00final se• I le. ion wM be pra.ertled t0 thN i C..".y CplxtCn The Cary reseves the ri�ht to -,I'd, Inia Re- qeest cr BiCs or any pca�rr a[ ary ume to protect ib best x+ter. f5t Ircuires concerning this pre -i posa •hC;rld be (1 10 EC GX30sIC. Ii Worts Ooec• a: (321.1 86g•1240 or to lne City of Cape Cana7e•'al Eno, rear, Stoner Stag, d A;sac:• a'es located at 8680 North A: - anti. AM'fue. Ca O Caraveral, Fi ida 32829.1630 or ley -on- tactnr, Juno Pe6tw at (32t} 783 1320 Te P„ die ofd Opening shali ro:d or Fr.oar, Fehr➢1B; 2OCC at 3.37 y.Mrin'trt hall Arrex, 171 vcWAvem.a. iCanavera, F.lori — 6RE3127229 FE '1.2000 PROJECT SITE SURF DR CHANDLER ST 0 t• a -i �. AVE U AVE AVE BREVARD COUNTY Feb -25-00 04:27P SANTA CRUZ CONST A 12 INSTRUCTION INC. City of Cape Canaveral Public Works Department 600 Tower Blvd Cape Canaveral, FL 32920 Attn: 321 459 3358 P,02 February 25, 2000 Ed Gardulski Department Head 4205 K Courtenay ParlM Merritt Island FL 3291 (407) 452.3180 FAX (407) 459.3358 Re: Project No. 00-02 Central Blvd Storm Water System Improvements Mr. Gardulski- Enclosed you will find the price quote the you requested for the above mentioned project. If you have any questions, please feel free to call me at (321) 452- 3190. dcr CC SCCI file Sin ely .to Julian P ect Manager State Certified and Bonded Genera! Contractor State License Number CGCO04606 Feb -25-00 04:28P SANTA CRUZ CONST 321 459 3358 P .103 City of Cape Canaveral Stormwater System Improvement Central Boulevard I City of Cape Canaveral, Florida $SA Job No. 881 Q1 BID SCHEDULE ITEM QTY UNIT DESCRIPTION UNIT PRICE PRICE 1 . 1 L.S. Mobilization 2. 1 L.S. Construction Survey $ $ 3. 1 L.S. Laboratory Testing $ g a.- 4. 1 L.S. Site Clearing b. 1 L.S. Traffic Maintenance S $ 7jc), 6. 1 L.S. Dewatering $_– g- 7. 1 L.S. Erosion Control S $c $. 16 L.F. Removal of Existing 53"x83" ERCP Y� , 9. 1 EA, Precast Concrete Sediment Control Structure s $cY� - 10. 300 S.F. Sodding $ 1 1. 20 L.F. Sidewalk Removal & Replacement S S 32b: Total $ M, _ L, 5d (In words) Acknowledgment is hereby made of the following Addenda received since issuance of Plans ar� Specifications: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No.Dated: 00300- 02x'05/2000 2=:02 4E76390936 9TLGNTIC EAPTH PAGE 02I ARAMC DEVELOPMENT OF COCOA, INC. COMPLETE SITE DE VEL OPMENT 2185 West King Street, Cocoa, Florida 32926 Telephone (4071639-8788 Fax (407)632-3655 February 8, 2000 City of Cape Canaveral 600 Tower Boulevard Cape Canaveral, FL 32920-0326 Attention, Ed Gardulski Public Works Director Reference: Central Boulevard Baffle Box Dear Mr. Gardulski, We are pleased to provide a quote to furnish all materials, labor, equipment wid supervision to install the proposed baffle box on Central Blvd. as per pian and specifications furnished by your office. See the attached schedule of values for our quote. If we can be of any assistance or should you have any questions please contact our office at your convenience. Respectfully, ATLANTIC DEVELOPMENT OF COCOA INC, o0j(:?anL- Ray Parker Estimator RP/sad EJ2/95/2030 _--:62 4E 76330936 ATLANTIC EAF'TH Page 2 of 2 Central Boulevard Baffle Box DESCREPTIOPi Mobilization and MOT iJANTITY I S 'RICE I ITEM $3,000.00 TOTAL $3,000.00 Crane rental LS $4,200.00 $4,200.00 Remove 241f of 53x83 ERCP LS 53,000.00 $3 000.00 floating turbidity harrier LS ; _ $500.00 $500.00 Silt fence 2001f $1.50 $300.00 70" bag plugs 2 ea $4,646.00 $9,392.00 Baffle box _. 1 ea �_ $24,000.00 - $5,000.00 $24,000.00 $5,000.00 Dewater LS r Remove & replace 50'x4' sidewalk LS _^ $750.00 $750.00 Misc. materials LS $800.00 $800.00 Density tests LS $650.00 j $650.00 TOTAL r $51,592.00 P913E k Proposal does not include connection charges, fees, bonds, testing, permits, construction lay out, as built drawing, relocation of any utility, rock excavation, demucking, concrete flat work, sod, seed, mulch or any unforeseen obstructions or obstacles. Unless a Jump sunt price is to be paid for the foregoing work, and is clearly so stated, it is understood and agreed that the quantities referred to above the estimates only and that payinent shall be made at the stated unit prices on the actualquantities of work performed by the contractor as determined upon completion of the, work and based on field measurements. This proposal expires sixty (60) days from the date here of, but may be accepted at any later date at the sole option of Atlantic Development of Cocoa, Inc.