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Home My WebLink AboutAgenda Packet 03-16-1999City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 16, 1999 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PROCLAMATION: National Library Week Confederate History Month PRESENTATION: Certificate of Achievement for Excellence in Financial Reporting to Andrea Bowers, City Treasurer CONSIDERATIONS: 1. Motion to Approve: January 5, 1999 Regular City Council Meeting Minutes 2. Motion to Approve: Building Permit Extension for Time Warner Communications 3. Motion to Approve: Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 1998 4. Motion to Approve: Cooperative Purchase for Sewer Pipe Cleaning, Televising and Sliplining to Griner's Pipeline Services, Inc. in an amount not to exceed $116,500 5. Motion to Approve: Budget Transfer, 1997/98 to Appropriate Funding for Library Expansion REPORTS: 6. City Manager's Report AUDIENCE TO BE HEARD: 105 Polk Avenue Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fen.state.fl.us/cape/ \\cape-nt\cityclerk\cityclk\agenda\regular\1999\03-16-99.doc City Council Regular Meeting Agenda March 16, 1999 Page 2 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. \\CAPE-NTcityclerk\CityClk\AGENDA\REGULAR\1999\03-16-99.doc The Government Finance Officers Association of the United States and Canada presents this AWARD OF FINANCIAL REPORTING ACHIEVEMENT to: Andrea Bowers City Treasurer City of Cape Canaveral, Florida The Award of Financial Reporting Achievement is presented by the Government Finance Officers Association to those individuals who have been instrumental in their government unit achieving a Certificae of Achievement for Excellence in Financial Reporting. A Certificate of Achievement is presented to those government units whose annual financial reports are judged to adhere to program standards and represents the highest award in government financial reporting. Executive Director (Signature) Date October 5, 1998 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 5, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Richard Treverton Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett Conflict Attorney, Karl Bohne City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Building Official, Dennis Franklin PRESENTATION: United Way Donation Presentation Mayor Randels explained that the Reindeer Run is conducted to support the United Way. Kim McIntire, Reindeer Run coordinator presented awards of appreciation to sponsors of the Run. Sponsors were: Mark Hunt, Aerial Communications; Paul Malluccio, Blue Note Publications; Craig Smith, Coastal Fuel; Samantha Whaley, Light Rock 99.3; Tim Faduhl, USA Waste; and Ehler Media (not represented at the meeting). Rob Ring, representative for United Way of Brevard, accepted a check in the amount of $6,946.06. Mayor Randels presented a plaque to Kim McIntire for her efforts in coordinating the Run. \\cape-nt\cityclerk\cityclk\minutes\regular\1999\1-5-99.doc City Council Regular Meeting Minutes January 5, 1999 Page 2 Item carried forward from December 15, 1998 meeting ORDINANCE — SECOND READING CONTINUATION: Mayor Randels read Ordinance No. 18-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION 163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED EVALUATION AND APPRAISAL REPORT; PROVIDING FOR AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that this item was continued from the last meeting due to new information that warranted further discussion. City Attorney, Kohn Bennett, stated that a family member is a property owner affected by the ordinance and will remove himself as counsel on this issue. Karl Bohne, Assistant City Attorney for West Melbourne agreed to serve as counsel on this ordinance. Referencing the acreage in the northeastern section of the City, Mr. Bohne opined that the proposed rezoning is compliant with State regulations. His opinion letter is attached and incorporated as a part of the minutes. Todd Peetz, City Planner recapitulated how the rezoning issues emerged through the Local Planning Agency over the past three years. Jim Borris, Towne Realty, illustrated their development plan for the area numbered three (3). He requested that the current M-1 area should be changed to R-3 and the current C-1 five (5) acre area remain C-1. He related that they are planning 7 units per acre in the first two phases, whereas, 15 units per acre are allowed. The C-1 area would provide for commercial establishments that would complement the adjacent port property. Mr. Hernandez opined that keeping the area C-1 further lessens the density. Mr. Treverton queried if public beach access has been considered within the project, especially in consideration of the public pedway along the Ridgewood extension. Mr. Petsos expressed his major concern is for the traffic impact. Mr. Lowe, owner of the remaining 15 -acre tract, requested that the area remain C-1 to provide for a future hotel and possible parking garage for the port. \\CAPE-NT\cityclerk\CityClkMINUTES\REGULAR\1999\1-5-99.doc City Council Regular Meeting Minutes January 5, 1999 Page 3 Leonard Spielvogel, attorney for Mr. Lowe, opined that it would poor planning to have R-3 adjacent to the port. He explained that the port is an industrial center and to deny C-1 or commercial use of that property would be denying the highest and best use of the remaining 29 acres. He further stated that a commercial area provides a higher tax base than residential and would therefore create a shortfall in future tax needs. Gregory Popp, attorney for Coastal Fuels, opined that although the public notice requirements were met, the requirements are not sufficient to notify property owners of issues of this magnitude. He requested that in the future, a more substantial effort be given to notify property owners directly about proposed rezoning issues. Mr. Popp explained that it is completely inappropriate to rezone property that has been utilized as an industrial business for more than 40 years without interruption, to a residential zone. He related that a 20 -year master plan is being developed to dovetail with the port. Mr. Popp commended Mr. Lowe's efforts to provide a commercial buffer between the industrial areas and residential. He stated that if residences were developed adjacent to the tank farm, there would be complaints of odor and noise. Mr. Petsos expressed concern that changing the M-1 zone to R-3 where the current Coastal Fuels business is located would be a taking. He stated that because they would not be able to expand their business or rebuild if it was destroyed, they would be losing their current use. Mr. Bohne confirmed that although it is not considered a taking, they would lose their current use in the event of destruction or ability to expand presently. Mr. Bruns queried Mr. Peetz, if the proposed areas for rezoning were changed tonight would it impede meeting the time line for submitting the Comprehensive Plan? Mr. Peetz explained that the areas could be outlined exactly as the Council proposes tonight without a problem. Council concurred that valid issues were presented and should be addressed at this meeting. Mr. Bohne explained that a motion could be offered to accept the Comprehensive Plan with the proposed changes. The map attachment will illustrate the City's intent. Mr. Spielvogel stated that he is not familiar with the proposed C-2 zoning and prefers that the City maintain the current familiar zones. Beatrice McNeely, Planning and Zoning Chair related the City's mission statement and the focus on being a residential community. He further stated that the Comprehensive Plan is a living document that can be amended annually and will be revised again in seven years. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt the Comprehensive Plan, Ordinance No. 18-98 with the amending map exhibit to demonstrate future zoning changes (attached and incorporated into the minutes). (The C-1 area would remain C-1, as requested by Mr. Lowe; 25 -acres of the M-1 zone would change to R-3, as requested by Towne Realty; and the balance of the M-1 property would remain M-1). Ordinance No. 18-98 was adopted 5-0 with voting \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\1-5-99.doc City Council Regular Meeting Minutes January 5, 1999 Page 4 as follows: Mr. Treverton, for; Mr. Bruns, for; Mr. Hernandez, for; Mayor Pro Tem Petsos, for; and Mayor Randels, for. The meeting recessed at 8:55 p.m. and reconvened at 9:08 p.m. Item number 4 was discussed at this time. DISCUSION: 4. (Tape 2, 900) Tower Boulevard City Manager, Bennett Boucher reported that Mr. Shuford adamantly declined taking Tower Boulevard back. Mr. George Firkins presented numerous documents attesting that the City is obligated to pave Tower Boulevard. Council concurred that the issue must be addressed immediately. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to authorize the City Engineer to prepare drawings to let for bids and for Mr. Boucher to send a letter to Mr. Shuford outlining the City's intent to pave Tower Boulevard. Mr. Hernandez left at this time. 9:38 p.m. CONSIDERATIONS: 1. (Tape 2, 2054) A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Regular Meeting Minutes of December 1, 1998. The motion passed 4-0 with voting as follows: Mr. Treverton, for; Mr. Bruns, for; Mayor Pro Tem Petsos, for; and Mayor Randels, for. 2. (Tape 2, 2082) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the Data Flow Systems Sole Source Purchase of Additional RTU's as presented by the Public Works Director. 3. (Tape 2, 213 7) A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve the Brevard County Ditch Cleaning Service as presented by the Public Works Director. REPORTS: 4. City Manager — Bennett Boucher • Mr. Boucher reported that attorney Scott Pendley is formulating a response to the Fairvilla complaint. \\CAPE-NPcityclerk\CityClk\MINUTES\REGULAR\1999\1-5-99.doc City Council Regular Meeting Minutes January 5, 1999 Page 5 • Mr. Boucher reported that the Banana River Park property purchase grant has been approved by the Florida Communities Trust. • Mr. Boucher stated that he will forward a letter to all Local Planning Agency Members explaining the results of the Comprehensive Plan zoning amendments made tonight. Audience No report City Clerk — Sandra Sims No report City Attorney — Kohn Bennett • Mr. Bennett reported that a signed contract has been received from Ms. Mosher for the purchase of Patriots Park. • Mr. Bennett commended Mr. Treverton for his rate of speed getting up to par as a new Council Member. Council Member — Richard Treverton No report. Council Member — Burt Bruns • Mr. Bruns queried about the status of sewer lines to the northeastern portion of the City where Art Berger proposes the Wingate Hotel. Public Works Director, Edward Gardulski reported that there has been no further discussion on the matter. • Mr. Bruns reported that the stop signs on Washington Avenue are working to slow traffic. • Mr. Bruns stated that City Hall telephone system is still causing complaints and needs to be upgraded. • Mr. Bruns stated that he is proud of the Council for its decision-making tonight, listening with an open mind and ability to make proper decisions. Mayor Pro Tem — Buzz Petsos • Mr. Petsos requested that the additional patrol car purchase appealed for by the Sheriff's Department from the 97/98 budget be placed on the next agenda. • Mr. Petsos requested that a copy of the Storm Shutter grant denial letter by FEMA be forwarded to all Council Members. • Mr. Petsos queried when the City Attorney will be obtaining an email address for correspondence as well as forwarding documents such as ordinances to eliminate re -typing. \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\1-5-99.doc City Council Regular Meeting Minutes January 5, 1999 Page 6 Mayor — Rocky Randels • Mayor Randels encouraged Council and staff to attend the Economic Development Council Meeting at the Radisson for a presentation on the impact that Disney Cruise Lines will have on the area. • Mayor Randels reported that he has spoken with Nancy Huston of the Florida Department of Transportation and she states that bids have been let for the maglev monorail from Orlando to the Port. There being no further business, the meeting adjourned at 10:05 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK \\CAPE-NT\cityclerk\CityClk\MfNUTES\REGULAR\1999\1-5-99.doc Dec -29-98 05:34P Barlow & Bohne 1 P. 02 (Handwriting) 980072-1230 DISTRIBUTION Mayor X City Council X City Mgr. X City Atty. Pub. Works Dir. Building Off. X Finance Dir. BARLOW & BOHNE Attorneys and Counsellors at Law A Partnership Including Professional Associations T. Mitchell Barlow, P.A. Karl W. Bohne, Jr. P.A. MELBOURNE 780 S. Apollo Blvd. Suite 107 Melbourne, Florida 32901 Telephone: (407) 723-5121 Facsimile: (407) 984-5426 December 29, 1998 Bennett C. Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 Re: Future Land Use Map Amendments Dear Mr. Boucher: Recently you had informed me that the City is proposing to amend its comprehensive plan and the future land use map to re -designate a 15 acre, undeveloped commercial parcel to high density residential use (R-3), with a maximum density of 15 units per acre. The existing zoning map denotes this 15 acre undeveloped parcel as commercial. Additionally, you have informed me that there is existing developed land which will be part of the comprehensive plan amendment. The City is proposing to amend the future land use snap of a developed industrial parcel (M-1) to high density residential (R-3). With respect to the future land use map amendment and comprehensive plan amendment, you have asked me to give an opinion on the following matters: A. Will the proposed amendments allow the existing; industrial use to continue and will the proposed amendments allow the existing industrial use to expand; 13. What will the effect of the comprehensive plan amendment/future land use map amendment have on the property owners who want to develop the undeveloped 15 acre parcel after the amendment; C. Whether or not there is a "taking;" when the City amends its future land use map and comprehensive plan as referenced above; Dec -29-98 05:34P Barlow & Bohne 1 P. 03 D. Whether there is compensation due a land owner under the "Bert J. Harris, Jr., Private Property Rights Protection Act" when the City amends its future land use map and comprehensive plan. In analyzing these issues, I assumed that the procedural requirements for amending the comprehensive plan and future land use amendments have been complied with by the City. I have not been asked to give an opinion concerning the procedural requirements for such amendments. In preparing my opinion, it became necessary to review the City's existing zoning map and proposed future land use map as well as the City's comprehensive plan. I also researched the law of eminent domain and inverse condemnation as it relates to the City's proposed action. I also reviewed Chapter 74 of the Florida Statutes known as the "Bert J. Harris, Jr., Private Property Rights Protection Act" (the Act). I. Will the nronosed amendments allow the existing industrial use to continue? The proposed amendments as they relate to the existing developed land, will allow that industrial use to continue. The effect of the amendments on the existing developed land will create a non -conforming land use situation. Under general principles of law dealing with non -conforming the uses of land, the landowner will not be permitted to cause the use of the land to expand. II. What effect will the amendments have on the property owners who want to develop the 15 ecce undeveloged parcel for commercial use? The effect of the amendments on the 15 acre undeveloped parcel will prohibit its development for commercial use. [Jnless there was some activity by the property owner to secure a vested right in the commercial use designation or there was some action by the City which amounted to an equitable estoppel, the owner does not have an absolute right to the commercial land use designation. The land owner would not be prohibited from requesting an amendment in the future to permit the commercial use. III. Whether or nod the amendments would amount to a "taking" that is defined by the United States Constitution and Florida Constitution The issue in a "takings" case such as this would be whether the land owner's property had been taken by inverse condemnation solely as a result of the change in the designation of the property from commercial to high density residential. The inquiry is whether the land owner has been deprived of all or substantially all economic, beneficial or productive use of the property. If the new land use leaves open the possibility of reasonable uses, a facial challenge will be unsuccessful. Here, as applied to the undeveloped parcel, the facial taking's challenge would fail because die amendments do not unequivocally deprive the owner of all or substantially all economic, beneficial or productive use of the affected Dec -29-98 05:34P Barlow & Bohne 1 P.04 property. The land owner would still have the right to develop the property as high-density residential. Furthermore, the amendments would not amount to a taking for the developed industrial property. That land owner would still have the right to use the property under the industrial designation, however, the use of the property would be considered a non- conforming use. In either case the land owner would retain a beneficial use of the property. IV. Whether or not the amendments would constitute a violation of the "Bert J. Harris. Jr., Private Property Rights Protection Act".( adding to the Code) The Act recognizes a separate and distinct cause of action for land owners separate and apart from the law of takings. The Act is found at Chapter 70 of the Florida Statutes. The Act states that when a specific action of a governmental entity has inordinately burdened an existing use of real property, or a vested right to a specific use of real property, the property owner of that real property is entitled to relief. The Act apparently creates a broader right than the laws of takings. With respect to the undeveloped parcel, the amendments would not inordinately burden an existing use of real property. based on the information provided to me, there is no existing use of real property for the vacant parcel. Furthermore, based on the information provided to me, there would be no inordinate burden on a vested right to a specific use of real property for the undeveloped parcel. The only way that there could be a cause of action for an undeveloped parcel would be that a vested right exists for the commercial designation. That would mean by applying principles of equitable estoppel, or substantive due process, or by applying certain statutory law of the state, the landowner had a vested right in the commercial use. I have not been given any information which would show that a vested right exists for the undeveloped parcel. With respect to the developed parcel, I do not believe there is a violation of the Act. The proper inquiry would be whether or not the action of the City had inordinately burdened an existing use of real property. In this matter, inordinately burdened would mean that the action of a governmental entity has directly restricted or limited the use of the real property such that the property owner is permanently unable to attain the reasonable, investment backed expectation for the existing use of the real property. In this instance, the developed parcel will still be able to be used as an industrial piece, however, as a non- conforming use. As long as the owner does not expand the non -conformity or abandon the non -conformity, he will be able to continue under the industrial use designation_ In conclusion, I am of the opinion based on the information provided to me, that the proposed amendments would not constitute a taking nor a violation of the "Bert J. Hams, Jr., Private Property Riglrts Protection Act." Furthermore, the proposed amendments would allow the existing developed industrial parcel to continue as a non -conforming use, however, no expansion of that use would be permitted. As to the 15 acre undeveloped Dec -29-98 05:34P Barlow & Bohne 1 P. 05 commercial parcel, they would not have any vested right to develop the parcel as a commercial parcel once the amendments take effect. The owner would have to abide by the land use designation after the amendments. 1 would recommend that there be a City instituted rezoning of the properties affected by these amendments. The rezoning would show consistency between the comprehensive plan and the zoning categories. Thank you very much for your attention to this matter. if you should need any clarification or further explanation, please feel free to contact me. Yours very truly, (Signature) Karl W. Bohne, J . KW B/kk CON 9S T PO GT O cl `Go nu 0 R3 tj PUB a R3 L R3 c a M1 R3 R2 MI R2 c1 LJ( ,u R1 cl ) cl R2 Cl R2 R3 BLVD W CE TRAL BLVD R1 C1 z R1 JW a R2 R2 R2 cl OO R3 R2 2 R2 30 z PUB PUB ncl R2 R2 UIE JEDED R3 nC]C7C7C Q L3N00000R [ R2 R3 R2 R3 M aaoo BANANA RIVER BR92 ATLANTIC OCEAN PROPOSED BR95 0012 R3 CHANGES: BW 2 R3 .... _._. BR90 PROPOSED CHANGES BF44P 3 1, From R3 to CON BR9s ! D 2 R3 2. From MI to C2 aEfu 3. From M1 to R3R3 R3 4. From Ml to C2 5. From PUB to CON E BR98 _ u PROPOSED FUTURE LAND USE C1 COMMERCIAL C2 COMMERCIAL/MANUFACTURING a MI INDUSTRIAL RI RESIDENTIAL R1 UC] R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC/RECREATION - R1 O CON CONSERVATION AREA O ARCHAELOGICAL SITE C 1 .t. SCALE: 0 500 1000 J CITY OF CAPE CANAVERAL Inc LOCAL COMPREHENSIVE PLAN Ivey, Harris A Walls,PLANNERSPLANNERS• ENONEENB • LANDWalls, ARGM"TE.'CT FUTURE LAND USE MAP s; 11, s •• :.,,. ,o,..,.. P,.•. ,x, Meeting Type: Regular Meeting Date: 03-16-99 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BUILDING PERMIT EXTENSION REQUESTED BY TIME WARNER COMMUNICATIONS DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of a 90 -day permit extension as requested by Time Warner Communications and recommended by the building official. Summary Explanation & Background: See attached. Exhibits Attached: Building official's memo of 03-08-99 City Manager's Office (Signature) Bennett Boucher Department BLDG. DEPT/PUBLIC SAFETY g:/admin/council/meeting/1999/03-16-99/permit.doc FWD Council 3-8-99 MEMORANDUM Date: March 8, 1999 To: Bennett Boucher, City Manager From: Dennis E. Franklin, CBO, Building Official Re: Request for Extension of Building Permit Issued to Time Warner Communications. Please be advised that this office issued a permit on to Time Warner Cable for a 505' directional boring along Center Street. (Permit #530 issued on August 17th, 1998). This permit has since expired. We are in receipt of a letter from Time Warner Communications dated March 5th, 1998, requesting that the City grant an extension of the above referenced permit. Time Warner Communications predicts the project will commence on/about March 22nd, and finish on/about May 1st, 1999. Ordinance #03-95 of the Cape Canaveral Code of Ordinances states that extensions of building permits may be granted only by City Council. The 1997 Standard Building Code, as adopted by the City, states that one or more extensions of time for periods not more than 90 days each may be allowed for a permit. This department has no concerns regarding granting a 90 day extension for this permit. 6873 All American Blvd. Orlando, Florida 32810 Tel 407-292-7200 Fax 407-295-8313 TIME WARNER COMMUNICATIONS March 5, 1999 City of Cape Canaveral Dennis Franklin, Bldg. Official 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 RE: Permit Number 530 Time Warner Communications would like to ask for an extension on Permit Number 530. Due to unforeseen circumstances we were unable to commence working on this project when originally planned. Our intent is to begin construction on or about March 22, 1999 and completed by May 1st. I apologize for any inconvenience this may have caused you or your staff. Proper notification will be made prior to any construction activity. If you need any additional information please do not hesitate to call. Sincerely, (Signature) Connie Casey Manager, Project Administration Attachments Time Warner Entertainment-Advance/Newhouse Partnership- Florida Division City of Cape Canaveral (Handwriting) Contractor Copy 4 STREET EXCAVATION PERMIT No. 530 Fee: $25.00 Date 8-17-98 Permission is hereby granted to TWC Occupational license # Address 6373 All American Blvd. Orlando, FL 32810 Person in charge Andy Forand-Construction Manager To Install by bor and jack (stricken from code) Excavate by open cut (stricken from code) Directional Bore Center Street At A1A (Name of Street) (Location) Using 8/19/98 For 3 1/4" PVC (Size of Casing) (Size of Pipe or Conduit) This work will commence and be completed by 12/30/98 Working hours shall be limited to (insert limitations if any) 7 A.M. - 7 P.M. No Sundays, No Holidays The following conditions are to be maintained during and after operations: Proper safety precautions taken (flashers, flagmen, barricades, etc.) Openings shall not be left unprotected. Rubbish and excess earth removed. Streets shall be repaired to City specifications. If well pointing is necessary, discharge line shall empty into storm drain manhole if possible. Street flooding kept to a minimum. Sod replaced by displaced material or new material of like type. (Signature) X Daniel P. Yedels (not sure) All work to be done per drawings on reverse side of this permit. Signed T.W.C By Connie Casey (Company Name) Approved (illegible) Approved Ed (illegible) Building Official Public Works Director 08-25 785 05 *25.00 Cash Meeting Type: Regular Meeting Date: 03-16-99 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED 09-30-98 DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council approve the comprehensive annual financial audit as presented by the independent auditing firm of Bray, Beck & Koetter Summary Explanation & Background: There will be a presentation by the auditors, then a question and answer session. I recommend approval. Exhibits Attached: Audit Report City Manager's Office (Signature) Bennett Boucher Department ADMINISTRATION Meeting Type: Regular Meeting Date: 03-16-99 AGENDA Heading Considerations Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COOPERATIVE PURCHASE FOR SEWER PIPE CLEANING, TELEVISING AND SLIP LINING DEPT./DIVISION: WATER RECLAMATION Requested Action: That the City Council consider the cooperative purchase of sewer pipe cleaning, televising and slip lining to Griner's Pipeline Services, Inc. in an amount not to exceed $116,500 as recommended by the public works director. Summary Explanation & Background: The public works director is utilizing the bid pricing from the City of Lakeland bid. This is a budgeted item. Staff recommends approval. Exhibits Attached: Public Works Director's memo of 03-10-99 City Manager's Office (Signature) Bennett Boucher Department WATER RECLAMATION g:/admin./council/meeting/1999/03-16-99/pipeline.doc M E M O R A N D U M DATE: March 10, 1999 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: Cooperative Purchase with the City of Lakeland for Sewer Pipe Cleaning, Televising and Sealing & Grouting; Griner's Pipeline Services, Inc. As part of the City's Phase II, Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Last year the collection crew had identified problem areas and developed a five (5) year plan. As part of this year's rehabilitation program we are scheduling to perform cleaning and inspection of 16,203 feet of sewer line. The estimated cost for slip lining 3,112 feet is $82,484. Additional $19,605 is requested to perform the necessary repairs required such as: root cutting, repairs, sealing and grouting. The total estimated cost for Phase II is $116,498. Any funds not utilized may be carried over to next budget year. The purchase of this service will be through a cooperative bid with the City of Lakeland, Bid No. 635B, awarded to Griner's Pipeline Services, Inc. on December 3, 1996. This annual service is valid through September 30, 1999. The City of Cape Canaveral had utilized Griner's Pipeline Services last year and found the quality of workmanship satisfactory. A total of $125,000 has been budgeted for our sewer line rehabilitation program. Recommend approving the cooperative purchase with the City of Lakeland for sewer pipe service from Griner's Pipeline Services, Inc. in the amount of $116,498 Attachment CC: Walter Bandish, File CITY OF LAKELAND, FLORIDA VENDOR: GRINER'S PIPELINE SERVICES INC. 21902 STATE ROAD 46 MOUNT DORA, FL 32757 (352) 383-1222 SHIP TO: W.C. Dicks Water Reclamation F 1825 Glendale Street Lakeland, FL 33803 BILL TO: City of Lakeland City Hall Accounts Payable 228 South Massachusetts Ave Lakeland, FL 33801 PURCHASE ORDER 45390 0 1 Reply To: Purchasing & (illegilbe) Division 1140 E. (illegible) Street Lakeland, Florida 33801 Phone: (illegible) Fax: (illegible) (illegible) Email: (illegible) Vendor Number 10665 Date 16-NOV-98 P Pierce Destination (illegible) 2 % 10 Net 30 (illegible) Prepaid (illegible) BEST WAY CONTACT TELEPHONE (352) 383-6607 ITEM 3 PART (illegible) Planned Purchase Order Effective From: To: 981127 TRENCHLESS SANITARY SEWER REHABILITATION SERVICE This order is a renewal placed in complete accordance with The City of Lakeland Invitation to Bid #6358. dated December 3, 1996, all attachments referenced therein and Griners Pipeline Services bid dated August 19, 1996 of various projects in the City of Lakeland that require trenchless sanitary sewer rehabilitation services. Note: The annual estimated value listed in this purchase order is only an approximation based on prior usage and anticipated needs; not a guaranteed purchase value. The City reserves the right to add or reduce this value based on need at the confirmed unit prices. This is an annual service valid through September 30, 1999. 981127 TRENCHLESS SANITARY SEWER REHABILITATION SERVICE DELIVERY DATE 06-NOV-98 06-NOV-98 QUALITITY 45,000.00 320,000.00 (illegible) LOT LOT UNIT PRICE 1.00 1.00 EXTENSION 45,000.00 320,000.00 RECEVING: INVOICES IN (illegible) ARE NOT ACCEPTABLE TAXES: NO PERSONAL EXCESS OR STATE SALES TAX SHALL BE INCLUDED (illegible) STATE SALES TAX CERTIFCATE NO- (illegible) FEDERAL EXEMPTION NO: (illegible) (illegible) TOTAL 365,000.00 (Signature) P.A. Williams AUTHORIZED SIGNATURE MAR -11-99 10:58 AM CAPE CANAVERAL PW 407 799 4980 P.01 Deformed Pipe Lining Bid Schedule Item No. Description Quantity Unit Unit* Price Amount 1 8" Pipe Lining (A) 0-3.0 Feet Deep 10,000 L.F. $ 26.00 $260,000.00 (B) 5.1-8.0 Feet Deep 6,000 L.F. $ 26.00 $ 156,000.00 (C) 8.1.12.0 Feet Deep 2,000 L.F. $ 29.00 $ 58,000.00 2 10" Pipe Lining (A) 0-5.0 Feet Deep 1,000 L.F. S 28.00 $ 28, 000.00 (B) 5.1-8.0 Feet Deep 1,000 L.F. $ 28.00 $ 28, 000.00 (C) 8.1-12.0 Feet Deep 1,200 L.F. $ 32.50 S 39.000.00 (D) 12.1.16.0 Feet Deep 250 L.F. $ 32.50 $ 8,125.00 3 12" Pipe Lining (A) 0-5.0 Feet Deep 2,000 L.F. $ 40.00 $ 80,000.00 (B) 5.1-8.0 Feet Deep 1,500 L.F. $ 40.00 $ 60, 000.00 (C) 8.1-12.0 Feet Deep 1,000 L.F. $ 45.50 $45,500.00 (D) 12.1-16.0 Feet Deep 500 L.F. $ 45.50 $ 22,750.00 4 Lining Sewers not in Roadways (Additional Cost per Segment - Manhole to Manhole) 5 EA. $ 400, 00 $ 2,000.00 5 Reconnect Sanitary Service Laterals (All Sizes) 550 EA. $ 75.00 $ 41, 250.00 6 ByPass Pumping (800± L.F. - Two City Blocks) (A) 8 Inch Sewers 20 Days $0.00 $ 1,000.00 (B)10 inch Sewers 20 Days $50.00 $1,000.00 (C) 12 Inch Sewers 20 Days $0.00 $ 1,000.00 7 Warranty Survey 30,000 L.F. $.50 S 15,000 00 8 Traffic Comrol (Major Streets) 10 EA $ 650.00 $ 6,500.00 9 Indennification 1 LS $100.00 $100.00 TOTAL BID (ITEM 1- 9) $ 853,225.00 Eight Hundred,Fifty-three Thousand, (Figures) (DOLLARS) (IN WORDS) Twenty --five and no/100 Dollars (ADDENDUM #1, REVISED 2/10 TOTAL P.04 MAR -11-99 10:58 AM CAPE CANAVERAL PW 407 799 4980 P. 02 BID SHEET CONTINUED: ANNUAL INSPECTION & REHABILITATION OF CITY SEWER COLLECTION SYSTEMS FOR THE CITY OF LAKELAND AND PUBLIC WORKS DEPARTMENT BID NO. 7286 C.) ADDITIONAL UNIT PRICES FOR CLEANING AND TELEVISING SANITARY COLLECTION SYSTEM IN COMPLETE ACCORDANCE WITH THE SPECIFICATION CONTINUED: ITEM DESCRIPTION UNIT $ UNIT PRICE LIGHT MEDIUM HEAVY C.3 Clean 8" Pipe In Right of Way Per L.F. $ .25 $ .42 $ .75 C. 4 In Easement Per L.F. $ .30 $ .47 $ .83 C. 5 Clean 10" Pipe In Right of Way Per L.F. $ .30 $ .30 $ 1.05 C.6 Clean 10" Pipe In Easement Per L.F. $ .35 $ .55 $ 1.20 C.7 Clean 12" Pipe In Right of Way Per L.F. $ .40 $ .75 $ 1.63 C.8 Clean 12" Pipe In Easement Per L.F. $ .45 $ .83 $ 1.83 C.9 Clean 15" Pipe In Right of Way Per L.F. $ .50 $ 1.10 $ 2.25 C. 10 Clean 15" Pipe In Easement Per L.F. $. 55 $ 1.25 $ 2.53 C. 11 Clean 18" Pipe In Right of Way Per L.F. $ .60 $ 1.55 $ 3.46 C. 12 Clean 18" Pipe In Right of Way Per L.F. $ .65 $ 1.75 $ 3.87 C. 13 Clean 21" Pipe In Right of Way Per L.F. $ .80 $ 2.15 $ 4.71 C.14 Clean 21" Pipe In Easement Per L.F. $ .88 $ 2.40 $ 5.27 Bid Sheet continued on next page: MAR -11-99 10:59 AM CAPE CANAVERAL PW 407 799 4980 P.03 BID SHEET CONTINUED: ANNUAL INSPECTION & REHABILITATION OF CITY SEWER COLLECTION SYSTEMS FOR THE CITY OF LAKELAND PUBLIC WORKS DEPARTMENT BID NO. 7236 C.) ADDITIONAL UNIT PRICES FOR CLEANING AND TELEVISING SANITARY COLLECTION SYSTEM IN COMPLETE ACCORANCE WITH THE SPECIFICATION CONTINUED: ITEM DESCRIPTION UNIT $ UNIT PRICE LIGHT MEDIUM HEAVY C.27 Descale 12: DIP In Right of Way Per. L.F. $ 4.20 $ 6.60 $ 10.90 C.28 Descale 12" DIP In Easement Per L.F. $ 4.80 $ 7.45 $ 12.25 ITEM DESCRIPTION UNIT UNIT PRICE RIGHT OF WAY EASEME C.29 Service Tap Removal In 6"-8" Pipe Per Service $ 450.00 $ 600.00 C.30 Service Tap Removal In 10"- 12" Pipe Per Service $ 650.00 $ (illegible) C.31 Service Tap Removal In 15"-18" Pipe Per Service $ 850.00 $ 1,000.00 C.32 Service Tap Removal 21"-24" Pipe Per Service $ 1,050.00 $ 1,200. ITEM DESCRIPTION UNIT UNIT PRICE RIGHT OF WAY EASEME C.33 Root Cutting In 6"-8" Pipe Per L.F. $ 2.75 $ 3.1 C.34 Root Cutting In 10"-12" Pipe Per L.F. $ 4.00 $ 4.6 C.35 Root Cutting In 15"-18" Pipe Per L.F. $ 6.00 $ 6.9 Bid Sheet continued on next page: MAR -11-99 10:59 AM CAPE CANAVERAL PW 407 799 4980 P. 04 BID SHEET CONTINUED ANNUAL INSPECTION & REHABILITATION OF CITY SEWER COLLECTION SYSTEMS FOR THE CITY OF LAKELAND PUBLIC WORKS DEPARTMENT BID NO. 7286 C.) ADDITIONAL UNIT PRICES FOR CLEANING AND TELEVISING SANITARY COLLTCTION SYSTEM IN COMPLETE ACCORDANCE WITH THE SPECIFICATION CONTINUED: ITEM DESCRIPTION UNIT UNIT PRICE RIGHT OF WAY EASEME C.36 Root Cutting In 15"-18" Pipe Per L.F. $ 5.00 $ 6.90 C.37 Root Cutting In 21-24" Pipe Per L.F. $ 8.00 $ 9.20 ITEM DESCRIPTION UNIT UNIT PRICE LIGHT MEDIUM HEAVY C.38 Televise 6" Pipe In Right of Way Per L.F. $ ____ $ ____ $ .35 C.39 Televise 6" Pipe In Easement Per L.F. $ ____ $ ____ $ .40 > C.40 Televise 8" Pipe In Right of Way Per L.F. $ ____ $ ____ $ (illegible) C.41 Televise 8" Pipe In Easement Per L.F. $ ____ $ ____ $ .40 C. 42 Televise 10" Pipe In Right of Way Per L.F. $ ____ $ ____ $ .40 C.43 Televise 10" Pipe In Easement Per L.F. $ ____ $ ____ $ .45 C.44 Televise 12" Pipe In Right of Way Per L.F. $ ____ $ ____ $ .40 C.45 Televise 12" Pipe In Right of Way Per L.F. $ ___ $ ___ $ .45 C.46 Televise 15" Pipe In Right of Way Per L.F. $ ___ $ ___ $ .30 C.47 Televise 15" Pipe In Easement Per L.F. $ ____ $ ____ $ .55 Bid Sheet continued on next page: Meeting Type: Regular Meeting Date: March 16, 1999 AGENDA Heading Consideration Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Budget Transfer, 1997/98 to Appropriate Funding for Library Expansion DEPT./DIVISION: Finance Requested Action: That the City Council approve a prior year budget transfer (97/98) to appropriate funds within the Library Fund to recognize a payable to the County for Library Expansion. Summary Explanation & Background: See attached memorandum Exhibits Attached: City Treasurer Memorandum dated 11 March 1999 City Manager's Office Department \\Cape-nt\Common Documents\agenda form.doc g:\cityclk\agenda\regular\1999\cm agenda report form.doc City of Cape Canaveral DATE: 11 MARCH 1998 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS, CITY TREASURER SUBJECT: PRIOR YEAR BUDGET TRANSFER FOR PERIOD ENDED 9/30/98 On 5/7/96, the City Council adopted Resolution No. 96-22, committing $123,870 towards funding of the library expansion project. In December 1998 the county billed the City for the j amount of $74,231.97. This disbursement was approved at the Council meeting dated 12/15/98. The expenditure has been booked as a payable for fiscal year 1997-98 and requires a budget transfer to stay within generally accepted accounting principles. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE THREE MONTHS ENDED JUNE 30, 1998 LIBRARY FUND LINE ITEM 6/30/98 BUDGET 9/30/98 NUMBER ACCOUNT NAME BALANCE AMENDMENTS BALANCE 104-301.1000 CASH FORWARD - 68,957 68,9517 104-23-571.6311 LIBRARY EXPANSION PROJECT - 74,232 74,232 104-23-571.9900 CONTINGENCY 5,940 (5,275) 665 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170