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HomeMy WebLinkAboutAgenda Packet 04-06-1999City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 6, 1999 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: INTERVIEW: Community Appearance Board,Eddie Hall PRESENTATIONS: Special Employees of the Quarter, Francis Daine and Mike Richart CONSIDERATIONS: 1. Motion to Approve: January 19, 1999 Regular City Council Meeting Minutes 2. Motion to Approve: P2000 Grant Project Applications 3. Motion to Approve: Beautification Board Project Proposals 4. Motion to Approve: Publishing Agreement with Lamar Russell for the book, "Lessons Learned in Planning and Zoning, Cape Canaveral." 5. Motion to Approve: Emergency Purchase, Silica Sand, Standard Sand and Silica Co., in the amount of $6,550 for WWTP Sand Filters 6. Motion to Approve: Budget Transfer Request from the Sheriff s Department to Purchase Computers in the amount of $4,827 7. Motion to Approve: School-Based Partnerships '99 Grant Application, Deputy Ernie Perry RESOLUTIONS: 8. Motion to Approve: Resolution No. 99-06, Renewal of City Engineer Contract with Stottler, Stagg & Associates 106 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ City Council Regular Meeting Agenda April 6, 1999 Page 2 9. Motion to Approve: Resolution No. 99-07, Supporting Extension of the Local Option Gas Tax and Addition of the 9th, 10th and 11th Cent Gas Tax 10. Motion to Approve: Supporting Extension and Expansion of the Preservation 2000 Program DISCUSSION: 11. Review and Comment on Proposed C-2 Zoning District Regulations Ordinance REPORTS: 12. City Manager's Report 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. G:\CityCIk\AGENDA\REGULAR\1999\04-05-99.doc .4 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATIION TO SERVE ON CITY BOARD Applicant Name: Eddie Hall Home Telephone: 784-2272 Home Address: 6925 Ridgewood Ave Cape Canaveral 32920 Business: Mark D. Derman Bldg. Contractor Inc. Business Telephone: 868-1711 Office Address: 8010 N. Atlantic Ave # 7 Brief Description of Education and Experience: UNIVERSITY OF KY. 5 YRS B. ARCH 13 Credits left. 19 YRS. CONSTRUCTION/DESIGN RELATED EXP. BREVARD CO. and Maricopa County Az. Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes No X Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No v' At the present time, do you serve on a City Board? Yes No ✓ At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son,[daughter, brother, sister,uncle, aunt, first cousin,nephew, niece, husband,wife,grandparent, grandchild, father-in-law, mother-in- law,son-in-law,daughter-in-law,brother-in-law,sister-in-law,stepfather,stepmother,stepson,stepdaughter,stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No X Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Construction Board of Adjustment & Appeals* Board of Adjustment* Library Board Code Enforcement Board* Planning and Zoning Board* Commercial Development Board Recreation Board X Community Appearance Board* *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: 18 YRS OF DESIGN & PLANNING EXPIERENCE & 3 YRS OF CONSTRUCTION EXP. OVER 1,000 COMMERCIAL & RESIDENTIAL DESIGN + CONSTRUCTION PROJECTS. PERSONAL APPEARANCES BEFORE MANY DESIGN + ARCHITECURAL REVIEW COMITTEES Would you consider serving on another City Board other than the one(s) you have selected on the front of thi6 form? Yes X No Applicant's signature: (Signature) Eddie Hall Date: 3/4/99 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval fb lowing a brief interview before the City Council at'a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 i i CITY OF CAPE CANAVERAL MEMORANDUM TO: Ed Gardulski/Public Works Director FROM: Kay McKee/Public Works Supervisor DATE: February 22,1999 SUBJECT: Employees of The Quarter --------------------------------------------------------------------------------------------------------------- I understand the vote is coming up for the employee of the quarter. I would like to submit my recommendation for two excellent employees, Mike Richart and Francis Daine. (This award has been given jointly in the past). Over the past several years Mike Richart's excellence has been evident in the many projects he has completed. Preparations for AIA volunteer projects at the Tap House,Center St., N.Atlantic Ave.at Shivm Store and La Cantina Restaurant would not have been completed without his tireless efforts. His Master Carpentry work is evident in the crossovers rebuilt of Trex lumber,i.e. Tyler Ave.,Buchannon., and Adams. Park construction at Patriot's park and the Xeriscape Park are largely Mike's creations. Mike's team spirit and hard work have made him an asset to the Street Division and the City. Since beginning his employment with the City Francis Daine has shown his diverse skills through the many repairs he has accomplished throughout the City. He has reparied all our small engine equipment, performed repairs to our heavy equipment,rewired electrical components at the Annex and City Hall, spearheaded Christmas decoration projects,rebuilt fences at Washington Park, kept the entire City signs repaired and installed,repaired water fountains,assisted with tree planting projects,and performed lot and ditch mowing throughout the City. Francis' congeniality and consistent work effort have made him an asset to the division and the City. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral,Florida TUESDAY January 19, 1999 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Richard Treverton Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager,Bennett Boucher City Attorney,Kohn Bennett City Clerk,Sandra Sims City Treasurer,Andrea Bowers Public Works Director,Edward Gardulski PRESENTATIONS: Mayor Randels present Ms. Joy Salamone, Former Council Member, with a plaque in recognition of her term in office from November 1997—November 1998. <Tape 1, 1070>Mayor Randels called on Ms. Jacqueline Coates, former Beautification Board Chairperson,to present the 1998 Holiday Beautification Awards. The winners were: Residential - Michelle M. Church Multi-Family - Canaveral Towers Commercial - Cape Canaveral Cruise Lines CONSIDERATIONS: 1. <Tape 1, 146> A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the amended Regular Meeting Minutes of December 15, 1998. Mr. Treverton corrected Item 8, Line 4 to insert the words the "to be" before the word signed. The motion passed unanimously \\cape-nt\cityclerk\cityclk\minutes\regular\1999\1-19-99.doc City Council Regular Meeting Minutes January 19, 1999 Page 2 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton,For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 2. <Tape 1,222>A motion was made by Mr. Hernandez and seconded by Mr. Petsos amending the budget and the Police Services Contract for 1997/98, appropriating funds for the purchase of an additional vehicle. Mike Abels, Sheriff's Department representative, appeared before Council requesting that the 1997/98 Sheriff's Contract and the City's budget should be amended to provide for an additional officer's vehicle. He explained that an additional vehicle was erroneously purchased in the 1998 fiscal year. However, over$20,000 was unspent and would be returned to the City. City Manager Bennett Boucher explained that the City and Sheriff's Department have worked well and with one another for many years. Regardless of the misunderstanding, the City will pay now or later. The vehicle is unquestionable required. He recommended appropriation of the funds and the contract/budget amendments because they have a$20,000 budget carry-over and a $20,000 unfunded expense. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns,For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels,For. DISCUSSION: 10. <Tape 1, 1324>Council deferred to Item No. 10 at this time. Mr. Boucher explained that the Brevard County Sheriff's Department Internal Audit Department was contacted regarding the status of investigative fees due the City of Cape Canaveral. The list, according to Mr. Abels, is incorrect. He explained that,however, a methodology has been identified to ensure that investigative fees can be forwarded to the City as required. Council Member Tony Hernandez explained that defendants pay investigative fees for investigative costs. These fees are supposed to be earmarked and tendered to the City from the inception of the investigative cost law. Mr. Abels responded that the City of Cape Canaveral was the first to institute the fees and the County's administrative process has resulted in diffic4 ilty referencing the fees. He stated that SID cases are not going through to the Clerk of the Court. Mr. Hernandez retorted that the fees collected on behalf of the City should be remitted. The inability to trace the money is another accountability mistake by the Sheriff's Department, referring to item number two requiring a budget amendment after the fiscal year is closed. He clarified that the City is requesting only money that was collected for Cape Canaveral Investigative fees. \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\1-19-99.doc City Council Regular Meeting Minutes January 19, 1999 Page 3 Mr. Abels stated that failure to remit the collected funds is not a mistake, it is the result of infancy implementation problems. It is a very cumbersome process. CONSIDERATIONS: 3. <Tape 1, 1988>A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve a State Contract Purchase from Fisher Scientific for a Laboratory Fume Hood in the amount of $10,872.02. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton,For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 4. <Tape 1,2160>A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve Change Order No. 2, Phase 2,Dial Communication, in the amount of $40,000. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels,For. 5. <Tape 1,2566>A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Change Order No. 2,Reclaimed Water Project Phase 2, Construction Administration and Inspection Service by Quentin L. Hampton and Associates, in the amount of $6,309. Council Member Buzz Petsos opined that 18 percent is too high for inspection costs. He stated that the City needs them for the as-builts only. The motion passed 3-2with voting as follows: Mr. Bruns, For; Mr. Hernandez,Against;Mr. Treverton, For; Mayor Pro Tem Petsos,Against; and Mayor Randels,For. 6. <Tape 1,3206>A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Addendum IV to the Conceptual Approval Agreement with the Florida Communities Trust. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns,For; Mr. Hernandez, For; Mr. Treverton,For; Mayor Pro Tem Petsos,For; and Mayor Randels, For. 7. <Tape 2,260>A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve the Grant Award Agreement with the Florida Communities Trust Regarding the Banana River Park Land Purchase. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 8. <rape 2,28o>A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Quarterly Treasurer's Report and Budget Transfers. \\CAPE-NT\cityclerk\CityClk\M INUTES\REGULAR\1999\1-19-99.doc _ _._...__----_ ___ City Council Regular Meeting Minutes January 19, 1999 Page 4 The motion passed unanimously 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels,For. RESOLUTIONS: 9. <Tape 2,520>Mayor Randels read Resolution No. 99-01 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; APPOINTING ONE FIRST ALTERNATE AND ONE SECOND ALTERNATE MEMBER TO THE PLANNING AND ZONING 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. 99- 01, appointing Alternate Members to the Planning and Zoning Board, inserting the name Leo Nicholas as First Alternate and Paul Acson as Second Alternate. The motion passed unanimously 5-0 with voting as follows: Mr. Bruns,For; Mr. Hernandez, For; Mr. Treverton, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSION: 11. <Tape 2, 571>Council Member Tony Hernandez requested that the City create an Arts Council under the auspice of the Commercial Development Board. He related that he has spoken with Jackie Coates, former Beautification Board Member; Leonard Folcarelli, Commercial Development Board Chair; and Larry Weber, Commercial Development Board Member in this regard. Leonard Folcarelli stated that the 1995 Redevelopment Plan refers to Art in public places. He also related that he was a former member of the Cocoa Village Arts Council. He reported that the Brevard Cultural Alliance boosts the economy and provides arts education. Jackie Coates stated that the City should publicize and promote the City as an Arts Appreciative Community. Council concurred interest in developing an Arts Council in conjunction with the Commercial Development Board. 12. Public Works Director Ed Gardulski reported that Reclaimed Water Construction production has been good during the last month. He commended Quentin Hampton for excellent inspection services. The crew with Dial Communications stated that they would finish in Harbor Heights by Friday. Rick Fernandez of Quentin Hampton & Associates reported that 70 feet per day production was the average until December 15, 1998 and has been 120 feet per day since. \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\1-19-99.doe City Council Regular Meeting Minutes January 19, 1999 Page 5 REPORTS: 13. City Manager—Bennett Boucher • Mr. Boucher stated that staff quarterly reports were informative. • Mr. Boucher reported that the proposed C-2 ordinance has been incorporated into the Comprehensive Plan. Ms. Beatrice McNeeley, Planning and Zoning Chair opined that the City should administratively rezone the areas designated for C-2. Council concurred that the Planning and Zoning Board should review the issue. Mr. Boucher noted that the list of permitted uses must be reviewed again, because some properties would be losing uses currently listed. • Mr. Boucher reported that the Public Works Director, Ed Gardulski would give a computer- generated presentation on stormwater at a Workshop scheduled for February 1, 1999 at 5:00 p.m. • Mr. Boucher reported that the Florida Department of Transportation (FDOT) would develop concepts for the AlA landscape design and manage the project. This project can dovetail with concepts Mr. William Bennix plans to fund. AUDIENCE TO BE HEARD: Public Works Director—Ed Gardulski • Mr. Gardulski reported that he would be meeting with the FDOT regarding sidewalks and traffic lights. Canaveral Precinct Deputy—Ernie Perry • Deputy Perry reported that Saturday, January 29, 1999 is scheduled as a Volunteer Project Day to cleanup vacant lots throughout the City, specifically for Mrs. Porter and Mrs. Dunson who were recently burglarized by transients. The Keep Brevard Beautiful volunteer group will join in the cleanup. • Deputy Perry reported that a workshop has been scheduled with the Recreation Department to provide bicycle and pedestrian safety lessons, as well as telemarketing fraud. Leo Nicholas—Resident and Planning and Zoning Board Member • Mr. Nicholas queried if the City has received a letter from the Library Board requesting that the palm trees be moved from the area of oak trees on the library property. Mayor Randels responded that the letter was received and the trees would be moved. City Clerk—Sandra Sims No report. \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\1-19-99.doc City Council Regular Meeting Minutes January 19, 1999 Page 6 City Attorney—Kohn Bennett No report. Council Member—Richard Treverton No report. Council Member—Burt Bruns • Mr. Bruns queried if the City has confirmed that all areas required are Y2K compliant. Public Works Director, Ed Gardulski and City Treasurer, Andrea Bowers reported that all areas are in conformity. Council Member—Tony Hernandez • Mr. Hernandez queried if he could get projected costs for the City Ballpark renovations so he can get with the County to get movement toward the project. Mayor Pro Tem—Buzz Petsos • Mr. Petsos requested that a resolution sponsored by the Space Coast League of Cities be placed on a future agenda to support wastewater discharge by deep well injection. Council concurred to place the topic on the next agenda. • Mr. Petsos queried about the status of the sand fence permit. Mr. Gardulski stated that he would call Joe Lapolla of the Canaveral Port Authority to obtain the latest status. • Mr. Petsos requested comments from the Canaveral Precinct Commander regarding the possibility of placing a security trailer at Cherie Down Park. Mayor—Rocky Randels • Mayor Randels commended Deputy Ernie Perry for all the community policing activities performed during the last quarter. • Mayor Randels reported confirmation that the USS Porter would be commissioned at Port Canaveral. • Mayor Randels reported that the Florida League of Cities collected$640.63 of uncollecte occupational license fees for the City for last year. There being no further business, the meeting adjourned at 9:58 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK \\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1999\1-19-99.doc Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Consideration Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: P-2000 GRANT APPLICATIONS DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council select properties that are to be purchased by the city using the P-2000 Grant Program. Summary Explanation& Background: To date, (2) properties: the oceanfront block between Pierce and Buchanan Avenues and the oceanfront parcel between Canaveral Sands Condominium and Cherie Down Park. $10,000 has been allocated for grant writing services. Please advise. Exhibits Attached: City Manager's Office (Signature) Department LEGISLATIVE g:/admin/council/meeting/1999/04-06-99/p-2000.doc Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BEAUTIFICATION BOARD PROJECT PROPOSALS DEPT./DIVISION: BEAUTIFICATION/PUBLIC WORKS Requested Action: That the City Council consider approval of(3) projects as recommended by the Beautification Board. Summary Explanation & Background: The Beautification Board is requesting that the City Council approve the (3) projects as proposed so that staff may proceed. I may have a conceptual drawing from FDOT on the proposed landscaping. Please advise. Exhibits Attached: Public works director's memo of 03-24-99 City Manager's Office (Signature) S Sims for BB Department BEAUTIFICATION/PUBLIC WORKS g:/admin/council/meeting/1999/04-06-99/beautification.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 24, 1999 SUBJECT: City Council Agenda Item for April 6, 1999 Approval of Beautification Board Projects Recommendation A1A Beautification, Cape View Elementary Beautification and Canal Trail At the Beautification Board meeting of March 9, 1999, the committee recommended three beautification projects and are requesting the endorsement of City Council of the following projects: 1. A1A Beautification - The City has received funding in the amount of $150,000 from the Department of Transportation to landscape the AIA right-of-way. The Beautification Board approved a motion to appoint Mr. John Porter the City's Liaison and support his A1A beautification plan. Mr. Porter will address City Council and present his plan. 2. Cape View Elementary Beautification - The Beautification Board approved a motion to improve the area around the Cape View Elementary. This location is at the corner of Washington and Ridgewood Ave. The grade-K school is in need of a paved driveway, irrigation, trees and other vegetation. Attached is drawing depicting the areas of improvement. The estimated cost for the two driveways is $6,000, the landscaping cost an additional 3,000 for trees, plants, mulch, plants and irrigation. Total project cost $9,000. Funds are available for improvements within the Beautification Fund. Please note that the City can only make improvement within the right-of- way and Easement(s). 3. Canal Trail - the Beautification Board approved the motion that the City pursues grant funding for a nature trail along the Canaveral Ditch area. Attached is a survey drawing of the area. Mr. Leo Nicholas will present this concept. No cost estimates are available for this concept. Recommend the approval of the three- (3) Beautification Board Projects and direct City Staff to take action as recommended by Council. Attachments CC: File SOUTH LINE LOT 20 DRAINAGE San. Sewer M EASEMENT I STA.21417.9 TV 2 0' OD 788 ARMED NASAJPOUR --NNIX ORB 2420/ 1480 D.01 HOWARD M. GOULD 760 m: Eo- ET AL TRUST 0 ABW INC. zi : W 2222/0215 i W7- W TOP OF BANK W qIx ui EDGE OF WATER -r to San, Sewer M/H STA ,8+04 12*5 Block STA17+95 San. Lift Station ......... Headwall N. R/W 10' SEWER EASEMENT QR.B.814/1500 San. -Sewer M H STA 17+90/13 CENTRALCEVESCO INC', AVE. r-___------- Ease Ment E-I I T ORO 762 Z 14& 'E 12' ESMT E-1 ORB 782/143 6'x4' Oval R.C. P E-2 SUPRA COLOR ENT INC lool Lj < Oil C\J Il Fp aL. Es'mt O.R.B.10 5 1/274- T San.Sewer M/H STA.26+41.4 5.1 STA 26+40.2 /7.7' BI WILLIAM BENNIX c\) 0 R B 2057/ co 786 ' I i ORB 875/620 C2 1 In 11 d E , > 25 uj D cn z:': WILLIAM BENNIX 51 z W 7-96 D L 8t M DIVERSIFIED INDUSTRIES 11 1 Son.Sewer M/H STA 23 1 91 7.1 II I Il CITY OF FIRST BAPTIS CAPE CANAVERPL CHURCH 509.1 MERRITT IS. 1 I �, ; CHARLES FAPPLE GATE N LINE LOT D 9 San Sewer STA. 33+36 /7.0' M7k7' FPL ESMT 2206/2741 - L I -------- 20' DRAINAGE EASEMENT li z 0 LOT D co 25 D LYNN H. APPLEGATE 2457/12199 z 0 W L---- r------------------'---- E-S--TORB0O - --2 2-- ZAl- 7 F F aL M CLIFTON L. OURR A19 2390/2886 A18 II 2375/29 A 20 2390/2887 )oBLANKET WAT�REASE 2431/214 , San. Sewer M/H 261 ACCESS �ESMT STA. 29+64.2 6.7 M IIo 750 CEVESCO AI _ IU1 w �i Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Considerations Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PUBLISHING AGREEMENT WITH LAMAR RUSSELL DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the publishing agreement with Lamar Russell to publish the book he authored, Lessons Learned in Planning & Zoning, Cape Canaveral. Summary Explanation & Background: This agreement is similar to the one the city utilized with City Historian Ann Thurm when her city history book was published. I have reviewed Mr. Russell's book, and he shares with the reader his years of experience while on the Gape Canaveral Planning & Zoning Board and some of the difficult zoning issues he worked on during the years. ' Mr. Russell will be in attendance to answer any questions you may have. I recommend approval. Exhibits Attached: Mr. Russell's letter of 03-17-99/Publishing Agreement/Sample Chapter City Manager's's Office (Signature) S Sims for BB Department LEGISLATIVE g:/admin/council/meeting/1999/04-06-99/russell.doc March 17, 1999 Lamar Russell 376 Harbor Drive Cape Canaveral, Fl 32920 City Council City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sirs; Please find enclosed a draft publishing agreement, a table of contents, the introductory author's note, and a sample chapter of a book I have written. It is called Lessons Learned in Planning & Zoning Cape Canaveral Florida. It is about the lessons I have learned while serving the City of Cape Canaveral. There is a story behind every paragraph in the Zoning Ordinance of the City of Cape Canaveral. When recent Planning & Zoning Boards began to address zoning issues that were rooted in the city's past, I began writing a series of articles on those subjects. I tried to express the experiences, lessons learned, and other rationale behind the present ordinances. The articles became the chapters of this book in order to help the Planning & Zoning Board, the City Council, and the City Staff take advantage of experiences already gained. I feel qualified to write this book, because I served on the Cape Canaveral Planning and Zoning Board for over twenty years, and I had the pleasure of chairing it for over fifteen of those years. During that time we reviewed and revised the entire ordinance, and we prepared the first Comprehensive Land Use Plan in the State of Florida. I also believe the book breaks new ground in that it expresses actual lessons learned by a barrier island community. Most other books addressing the subject are"how to" books. This book could be helpful to any other municipality interested in gaining insight into problems and issues already addressed by Cape Canaveral. It is my hope that you would favorably consider my request for the City of Cape Canaveral to publish the book. Thank you for your time and consideration. Lamar Russell CC: City Manager AGREEMENT THIS AGREEMENT is entered into this 14`h day of March, 1999. by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, hereinafter"the City," and RAY LAMAR RUSSELL, hereinafter "the Owner," as follows: WITNESSETH: WHEREAS, the Owner is the sole and exclusive proprietor of all copyrights and other proprietary rights and interests in that certain book entitled Lessons Learned in Planning & Zoning, Cape Canaveral, Florida(The "Book"); and WHEREAS, the City desires to print, publish, and distribute copies of the Book; and WHEREAS,the Owner is willing to grant the City a license to print, publish and distribute the Book upon the terms and conditions as hereafter set forth. NOW, THEREFORE,the parties hereto agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated by reference. 2. The Owner hereby represents the he is the sole and exclusive proprietor of all copyrights and other proprietary rights and interests in and to the Book entitled Leasons Learned in Planning & Zoning, Cape Canaveral, Florida, free and clear of all claims and encumbrances, a copy of said Certificate of Registration is hereby attached as Exhibit "A". 3. The Owner hereby grants and conveys to the City the exclusive right to print, publish and distribute copies of the Book at the City's sole expense. The parties agree that the City may distribute the Book and price the Book as it deems advisable;provided, however,the City may or may not reprint any portion of the Book under any other title or for any other purposes without the written consent of the Owner. 4. The Owner reserves unto himself all copyrights in the Book; the exclusive right to dramatize the Book and to license such use of such dramatic versions; the exclusive right to make cartoon, literary, or other uses of the Book; or any and other rights not herein specifically granted to the City. 5. As compensation hereunder, the City shall provide promptly to the Owner, without charge, one hundred and fifty(150) copies of the Book which the Owner may distribute as he deems advisable. 6. The City shall cause to be inserted on the title page or first page of each copy of the Booklll, published by the following notice: Copyright © 1999 by Ray Lamar Russell All Rights Reserved 7. This Agreement shall remain in full force and effect for the full term of the copyright in and to the Book for any renewals or extensions thereof which may be now or hereafter owned or controlled by the Owner. 8. The Owner hereby authorizes and empowers the City to enforce and protect all rights in and to the Book and the copyright therein in the name of the Owner or otherwise in the sole discretion to join the Owner and such other parties as it deems advisable as parties plaintiff or defendant in suits or proceedings and to proceed with or dispose of any such claim or action as the City may deem advisable at the sole cost and expense of the City. 9. This agreement shall not be construed as creating, directly or indirectly, a partnership or joint venture between the parties. 10. This Agreement shall be binding upon and enure to the benefit of the parties, the respective successors and assigns and shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have set their hands and seals on the date first above written. ATTEST: CITY OF CAPE CANAVERAL Sandra O. Sims, CITY CLERK Rocky Randels, MAYOR WITNESSES: RAY LAMAR RUSSELL LESSONS LEARNED IN PLANNING & ZONING Cape Canaveral, Florida A Historical Perspective on Zoning Ordinances and Comprehensive Land Use Planning in a Barrier Island Municipality By Lamar Russell Contents Section Description Page 1 Origin of United States Zoning Laws 2 A History of Cape Canaveral Zoning 3 Comprehensive Planning 4 Consistency 5 Zoning Ordinance Amendments & District Changes 6 Density 7 Origin of Cape Canaveral Hotel/ Motel Ordinances 8 Easement /Dedication /Right-of-Way 9 Apartments/Townhouses/Condominiums 10 Variance/Special Exception 11 Recreation Vehicle/Trailer/ Setback 12 Parking 13 Mini-Storage Warehouses and Storage Garages 14 Fences/Walls/Hedges 15 Heights of Structures 16 Sidewalks 17 Security Facilities Appendix A: U.S. Courts - Significant Zoning Decisions Appendix B: U.S. Constitutional Amendments Appendix C: Individual Section Summaries AUTHOR'S NOTE Threatened with traffic congestion and dwindling open space, people are doing every thing they can to control development. Polls show that uncontrolled growth is the top concern of voters who live in fast growing areas. The demand for smart growth crosses party lines and ideologies. Elected officials, appointed boards, community organizations, lawyers, developers and political action groups are all joining in and attending their local zoning board meetings. As I continued to read recent articles about this phenomenon, I realized that these same types of groups had been gathering in the Cape Canaveral town hall meetings for over a decade. Situated adjacent to the nation's spaceport at Kennedy Space Center, the town has a highly educated population that can provide solutions to very complicated problems, so Cape Canaveral's concerned parties joined forces to solve its growth problems. The land area of Cape Canaveral is defined by the barrier island on which it is located, and therefore, urban sprawl was never the issue. The main issue was that of "building a better community" within the defined land area. During the last decade these concerned and highly opinionated parties met in the local Cape Canaveral zoning meetings and reached mutually acceptable decisions. The process was never easy. Other municipalities, such as Sedona, Jackson Hole, and Gatlinburg, which are striving to limit urban sprawl, will need to develop a "barrier island" mentality of building a better community within a given land area. Hopefully the lessons learned in Cape Canaveral will aid other communities. Today's Cape Canaveral Zoning Ordinance is the result of many hard-won compromises over the years. The most dramatic ordinance changes were accomplished during the period of 1981 - 1985. The Zoning Ordinance was completely reviewed and almost completely re-written. While chairing the Planning & Zoning Board for over fifteen of the nearly twenty years I have served as a board member, I took part in those ordinance debates. There is a story behind almost every paragraph of the present zoning ordinance. As time passed, new board members and new city council members began to see problems and think the solutions lay in ordinance changes. Many times my experiences have shown me they were trying to fix a problem that was solved years ago. As they debated the issues, I found myself hearing the same arguments that were presented in the past. I began to see experiments that had already been performed. But people do not want to hear"way back when" stories. They want to press on and make progress. When they began to address zoning issues that were rooted in the city's past, I began writing a series of articles on those subjects. We tried to express the experiences, lessons learned, and other rationale behind the present ordinances. The articles were provided to the board members so they could take advantage of experiences already gained. When numerous people outside the Zoning Board began to ask for copies, the articles were reorganized and published in order to provide future boards and city officials with the information. Section references are keyed to the Cape Canaveral Zoning Ordinances in order to help the members of the Cape Canaveral Planning & Zoning Board. However, the definitions and lessons, taken by themselves, are valid and are intended to help any other city wishing to take advantage of the material. Whenever one researches zoning ordinances, certain landmark decisions are cited from state and federal courts. The case write-ups from the most influential decisions with respect to Cape Canaveral land use are included in Appendix A. In those cases one continually comes across references to certain Amendments in the U.S. Constitution, and those Amendments are included in Appendix B for easy reference. 14 FENCES / WALLS / HEDGES This section discusses the differences between fences, walls, hedges, and concrete boundary walls and how they are used in different parts of the city; Why are they regulated? Because they are instrumental in determining the character and harmony of the community. Narrative is provided to help the reader realize the managerial and political challenges involved when these concepts are crafted into ordinances. How these boundaries are adapted and put to use can ignite old feuds and inflame new passions. Fences, walls, and hedges are the interfaces between neighbors. As the reader will see, they are literally the devices of harmony or discontent. ARTICLE I. IN GENERAL Sec. 110-1. Definitions Fence means a structure forming a physical barrier which is so constructed that no less than 50 percent of the vertical surface is open to permit the transmission of light, air, vision through such surface in a horizontal plane. Hedge means a row of bushes or small trees planted close together in such a manner as to form a boundary or barrier. Wall means a structure forming a physical barrier which is so constructed that (no) less than 50 percent of the vertical surface from ground level to its top is open to permit the transmission of light, air, and vision through such surface in a horizontal plane. Wall, concrete boundary, means a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a dividing line between parcels of property in a residential zone, specifically excluding townhouse interior party walls. RATIONALE FOR THE ORDINANCE The how and why the Planning & Zoning Board crafted this ordinance is because of the "wall war." Whenever the subject of walls, fences, or hedges comes up on the agenda, knowing members of the board look at each other and remember the wall war. It started when a member of the then existing city council looked out of his window and saw a solid concrete block wall instead of the open spaces, trees, and ocean view that he had seen the day before. The wall which was a little more than 8 feet away and higher than his windows had also cut off the ocean breeze. Naturally the council member wanted the wall torn down immediately. He brought the issue before the city council on the grounds that his property had been damaged and other property values in the city would be damaged if such building practices were allowed to continue. The property owner who had built the wall countered with the comment that he had broken no law, and he felt that walls made for good neighbors. This individual owned several other properties within the city. His normal practice was to build dwellings and never sell or rent them. The dwellings also remained in differing stages of completion for long periods of time, thereby causing a certain level of discomfort among neighboring homeowners as the dwellings proliferated. Although he is a good and kind person, this individual's reticence about his intentions for the empty buildings attracted the enmity of his fellow citizens. As the debate about the wall took place, the animosity of the citizenry about the empty and sometimes unfinished dwellings became a major factor. The council felt the need to do something, and it put the issue into the Planning & Zoning Board for study and recommendation. ANALYSIS The main factors of the issue were: 1) The wall was constructed on the boundary of a vacant lot or parcel, 2) The wall was solid and cut off any sea breeze, 3) It cut off the view of houses abutting the walled property, 4) It was put up for the reason that the owner simply lilted walls on his property, and 5) The angry citizens were of the opinion that the wall blighted the property and served no good purpose. As the Planning & Zoning Board began to analyze the issue, it was subjected to the input of many who had strong opinions. While most of the citizenry felt that the wall was put up on empty property for no good reason, some felt that the owner had put up the wall to spite the councilman because of past political differences and most felt the wall to be oppressive. The P & Z Board fell back on the most important word in its title - Planning. There was no way to go backwards on this issue. Whatever the reasons for the wall's construction, the city had no ordinance to cause it to be taken down. The wall stayed. As is sometimes the case, the city gets one lawful undesirable example that remains after ordinances are enacted to prevent later occurrences. Ideas were exchanged: "There should be no change to the present ordinance." "Abolish walls." "Grant walls only by special exception." "Grant walls only if adjoining property owners give permission." "No wall should be built along unimproved property boundaries unless the owner had obtained a building permit for a principal structure." "Newly constructed walls should be finished on both sides. Therefore the owner had the responsibility to position the wall such that access to the outer-facing side could be obtained without trespass." "Since walls in this day's culture seem to attract graffiti, any and all graffiti should be covered within a short time by the wall's owner." Each of these ideas had to be explored. The debate took several meetings. All of the city council members weighed in. The generally aroused citizenry took a very vocal part in the process. (The council member who felt he had been wronged, being an astute politician, had marshaled general support for his position.) There was talk of a referendum. Local builders expressed opinions that walls sometimes were needed for good reason and obtaining them by special exception would be an undue burden in the building process. Real estate agents wanted to know if internal privacy fences and walls should be regulated. After hearing the public input and under heavy pressure, the P & Z Board sorted through all of these ideas and opinions and began to plan how fences, walls, and hedges could and should be utilized in the future. There was consensus that fences and walls had their uses and should not be made illegal. Hedges were never debated. Apparently there is something about planting greenery on a boundary that never offends anyone. (Something for the individual to keep in mind.) Another point that came across quickly was that fences, walls, and hedges used as physical barriers needed to be clearly defined. As we will see, the terms of the debate drove the definitions. The Board had to reach definitions and applications in terms that settled the issues of oppressiveness, unattractiveness, and undesirably closing off light and air circulation. Given the feelings of the town, it was a tall order. One person's attractive was another person's undesirable. There was also a fear that unbridled use of walls would close off neighborhoods and create an undesirable maze which could change the character of a seacoast community which was open to light and ocean breezes. On the other hand, there would be times and places where fences and walls made good sense. A hard won middle course was reached. Fences and walls were thus defined as structures that would permit light, air, and vision through them Now that the compromise was struck, a conundrum had to be addressed. Passage of light, air, and vision worked okay for a chain-link fence, but how was a wall to permit such passage and still function as a physical barrier? A search of other ordinances yielded no clues. Finally one of the members proposed the words, "Any wall in excess of four feet in height shall have the excess height be 50% open to air and light." These words may seem obvious and easy to the present day reader, but they were as hard to formulate as any paragraph in the U.S. Constitution, yet they provided a simple solution that was acceptable to the opposing factions. (Now that the reader's awareness of this concept is heightened, one should drive about the city and view the many ingenious applications of this concept.) Next came the issue of putting walls on empty property. The individual who had built the wall which caused this debate was in a position to wall off other tracts of undeveloped property. The general animosity of the citizenry once again drove the outcome. Planning and zoning is the process of working out how the general population wants to live. Clearly the citizens wanted to leave undeveloped property unwalled, but the rights of the individual had to be considered. The compromise that emerged was that concrete boundary walls on unimproved property are allowed only when the owner has purchased the building permit for the property's principal structure or structures. Next, the wall must be finished - in other words - made attractive. What is attractive? What kinds of finish shall be allowed? What colors shall be allowed? The words, "...are to be finished by stuccoing or painting in neutral colors..." took one full meeting to be debated and agreed upon. (Lesson learned: Neutral is the only color that any large body of people can agree upon.) Then there was debate on how long to give the owner to cover over graffiti or defacement. How does one define graffiti or defacement? The P & Z Board was never able to do it. So these words were finally hammered out and agreed upon: "No words or symbols, other than street addresses and names of occupants... shall be permitted..." The next major hurdle was to decide how high the walls and fences should be. The numbers are in the ordinance: 6 feet for residential areas and 8 feet for commercial and industrial zones. Some wanted 12 feet walls to be allowed everywhere. Others wanted no wall to be over 4 feet high. Again, the numbers seem obvious and easy, but they were once more the result of hard compromise. The heights were debated by the Council until the final moment that the question was called for vote to pass the ordinance. At last the Wall War was over. CONCLUDING REMARKS Planning & Zoning Commissions are frequently the forums into which city ruling bodies toss political hot potatoes. There are several good reasons. The ruling body has to give itself breathing room to deal with a hot issue, something is being done while passions cool. It's an old story in our democracy, putting the problem into a committee for study. The best reason is that the committee will take the time, do the homework and make a sound recommendation. However, in the case above, the P & Z Board was never able to do its work quietly. It had to perform in a crucible. It had to collect the ideas and manage its own debate, while at the same time managing the passions in the meeting chambers. When the council passed the resulting ordinance, it was a moment of immense relief for the P & Z Board. The main thread m this narrative is compromise. The P & Z Boaz job was to manage the process of working out how the community wanted to live together. The Board planned, but it also arbitrated. When future P & Z Boards need to adjust this ordinance, they will need to remember that the numbers and application concepts in Section 110-470 are the result of past hard bargaining, and all stakeholders should be included in any discussions. Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Considerations Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EMERGENCY PURCHASE OF SAND FOR THE WWTP SAND FILTERS DEPT./DIVISION: WWTP/PUBLIC WORKS Requested Action: That the City Council approve the emergency purchase of sand in the amount of $6,550 for the WWTP sand filter system. Summary Explanation& Background: See attached memo of explanation from the public works director. This is the city manager's report to the city council as required by the city's purchasing policy. I recommend approval. Exhibits Attached: Public works director's memo of 03-24-99 City Manager's Office (Signature) S Sims for BB Department WWTP/PUBLIC WORKS g:/admin/council/meeting/1999/04-06-99/sand.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 24, 1999 SUBJECT: City Council Agenda Item for April 6, 1999 Sole Source (Stricken from the Code) Purchase, Standard Sand & Silica Co. The Water Reclamation Treatment Facility has been experiencing a deterioration of the Dynasand filter media silica sand. The three filters are located at the end of the treatment processl. The function of these filters is to polish the effluent for the production of the City's Reclaimed Water. On March 15 the three (3) filters were taken out of service for inspection. The Design Engineer from Hartman and Associates, the filter manufacturer Pakson Inc., and the Public Work Director conducted an on-site inspection of filter system. In addition, the City's engineering firm; SSA, recorded the elevations of the structure and its hydraulics components. Attached is an evaluation of the Dynasand Filter from Hartman and Associates. It is recommended that the filters sand media to be replaced to the original manufacturer's specification and the system to be placed in operation for further observations. The Sole Source purchase is from Standard Sand & Silica Co located in Davenport, Florida. This firm is recommended by the filter manufacturer and this is the only supplier in the State of Florida. Recommend the approval of the sole source purchase silica sand from Standard Sand & Silica in the amount of $6,549.20. Funds are available within the Enterprise fund maintenance account. Attachment CC: File HARTMAN & ASSOICATES, INC. engineers, hydrogeologists, surveyors & management/consultants PRINT NAMES: James E. Christopher, P.E. Charles W. Drake. P.G. Gerald C. Hartman. P.E. Mark I Lake, P.S.M. Mark A. Rynning. P.E. Harold E. Schmidt, Jr. P.E. William D. Musser. P.E. SENIOR ASSOCIATE C. Zachary Fuller. P.E. Marco H. Rocca. C.M.C. ASSOCIATES: I:uurs 1?.Go 'troy F.Lryjun,PF. J. Richard Voorhees, P.E. Douglas P. Dufresne. P.G. Roderick K. Cashe. P.E. Jon D. Fox. P.E. James E. Golden. P.G. Troy E. Layton. P.E. Alicia E. Oiler, M.S. Andrew T. Woodcock, P.E. Lawrence E. Jenkins, P.S.M. Joseph S. Paterniti, P.E. Daryl C. Walk, P.E. . Andrew"F.\Yo-k4wk.PE. RECEIVED Mar 24 1999 March 22, 1999 HAI #92-288.00 Mr. Walter Bandish City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Subject: Evaluation of Dynasand Filters Dear Mr. Bandish: Per your request Hartman & Associates, Inc. (HAI) has evaluated the problem you have experienced with the loss of sand in the Dynasand filters and discussed this issue with the filter manufacturer. Due to the hydraulic conditions at the filter influent and bypass piping, HAI has determined that the loss of sand in the filters could possibly have occurred during times when the bypass valve has been opened without closing the filter isolation valves prior to opening the bypass valve. At any time if the bypass valve is open and all of the filter isolation valves are not fully closed, approximately six feet of pressure head exists forcing flow back through the filters and the bypass piping. HAI recommends that the bypass valve be protected from accidental opening by a lock or other means to ensure that this problem does not occur in the future. If the filters are required to be bypassed, the correct procedure is as follows: 1) Fully close all three filter isolation valves. 2) Open the filter bypass valve. 3) To bring filters back online, fully close the filter bypass valve. 4) Open three filter isolation valves. 5) Lock filter bypass valve in fully closed position. Based on the above, we will modify the operation and maintenance manual to reflect this procedure. 201 EAST PINE STREET • SUITE 1000 • ORLANDO,FL 32801 TELEPHONE(407) 839-3955 • FAX(407) 839-3790 • www.consulthai.com ORLANDO FORT MYERS PLANTATION JACKSONVILLE Mr. Walter Bandish March 22, 1999 Page 2 Moreover, as we discussed this morning on the phone, I suggest that you monitor the sand levels using the method discussed. Please be aware that some loss of sand in these type of filters is inherent in the filter design, and sand level does periodically have to be monitored. However, the amount of sand lost in your Dynasand filters may have occurred due to opening of the bypass valve without following the procedure noted above. If you have any questions, please do not hesitate to call either Mike or me. Very truly yours, Hartman & Associates, Inc. (Signature) Harold E. Schmidt, Jr., P.E. Vice President HES/ska/92-28 8.00/corresp/bandish.mjh cc: Ed Gardulski, Director or Public Works Michael J. Hudkins, P.E. HAI MATERIAL REQUISITION 3176 (NOT A PURCHASE ORDER) ®1997 REDFORM* 1L115 TO: STANDARD SAND + SILICA CO. DATE: 3-19-99 DELIVER TO: PO BOX 1059 DAVENPORT FL. 33836 CHARGE TO JOB NO. 401-10- 505- 4621 QUANTITY 96 TONS SHOP KEEPER: PLEASE SUPPLY 1 SILICA SAND @ $67.10 PER TON. PRICE AMOUNT: 6199.20 2 3 1 SOFT HOSE. ATTACHMENT 50.00 50.00 4 FOR FILLLING FILTERS. 5 6 7 SOLE SOURCE (EMERGENCY) 8 --- SCHEDULED FOR CC APPROX 6-- 9 FOR PLANT SAND FILTER 6549.20 PRICED BY: EXTENDED BY: CHECKED BY: ENTERED BY: SIGNED: (SIGNATURE) WALTER M. BANDISH (illegible) 1 FROM : PARKSON CORPORATION 954 974 6182 1999. 03-19 11:05 #786 P.01/01 Post-It TM brand fax transmittal memo 7671 # of pages > 1 To WALTER BANDISH From BRETT BOYD Co. CITY OF CAPE CANAVERAL Co. PARKSON CORP. Dept. Phone # 954 / 917-1857 Fax # 407 / 799-4980 FAX # 954 / 974-6182 PARKSON CORPORATION DYASAND FILTER PARKSON 0.9 mm FILTER MEDIA SPECIFICATIONS 1. Grain Shape, Effective Size (ES) and Uniformity Coefficient (UC) Grain Shape Effective Size Uniformity Coefficient A. Sub-Round 0.85-0.95 mm 1.30 to 1.60 < Texas Material -or B. Sub -Angular 1.05-1.15 mm 1.30 to 1.60 < Florida Matl. The sand must conform to the conditions of A or B above. The filter media shall predominantly be siliceous material that will resist degradation during handling and use. Crushed gravel is not acceptable. "Sub-Round" grains are essentially round with smooth surfaces (tion-angular). "Sub-Angular" grains are essentially sub- angular with multifaceted smooth edges. The effective size is the diameter of the tenth percentile grain (D10). The uniformity coefficient is the diameter of the sixtieth percentile grain divided by the diameter of the tenth percentile grain (D60/10). The effective size and uniformity coefficient are determined by a dry, 10-minute automatic sieve shaker procedure on a 500-800 gram sample with U.S. Sieve Nos.12, 14, 16, 18, 20, 30, as well as a pan. 2. Fines Content- 'Fines"are defined by Parkson .for this size filter media as particles passing through a 20 mesh screen. Fines should not exceed 1.5% by weight. 3. Specific Gravity - dry specific gravity must be greater than 2.5 4. Hardness - minimum 6.0 on Moh's scale (ref. Testing and Inspection of Engineering Materials; McGraw-Hill Cook Co., New York, NY; 3rd Edition; page 209) 5. Acid Solubility - less than 1% total loss in mass after a 30-minute immersion in an approx. 20% by wt. hydrochloric acid(HCl) solution [made by combining equal volumes of water and standard reagent grade 12.1 N (approx.) HCl] 6. General - must be in accordance with AWWA Standard B-100-89. sand09a.doc BHB 6/17/97 All An Axel Johnson Inc.Company 2727 NW 62 Street P.O.Box 408399 Fort Lauderdale FL 33340-3399 954 974-6610 FAX 954 974-6182 D51 03/19/99 FRI 09:58 FAX 9414217349 STANDARD SAND 001 STANDARD SAND & SILICA CO. P.O. BOX 1059 DAVENPORT, FL 33836 FACSIMILE TRANSMITTAL SHEET TO: WALTER BANDISH FROM TOMMY ADDISON COMPANY CITY OF CAPE CANAVERAL DATE 3/19/99 FAX NUMBER (407) 799-4980 TOTAL NO OF PAGES INCLUDING COVER 1 PHONE NUMBER (407) 868-1240 SENDER'S REFERENCE NUMBER RE YOUR REFERENCE NUMBER ----------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------- (4) 24 Ton T/L'S of 1.05-1.15 mm) Filter Sand 18.00/ Ton Freight 49.70 / Ton Material ------- 67.70 / Ton Delivered * 50' OF ADDITIONAL HOSE @ 1.00 / FT = $50.00 * WATER ADAPTER INCLUDED WITH FREIGHT. RECEIVED MAR 19 1999 PHONE 941-422-7100 FAX 941-421-7349 SECTION 4 TYPES OF PURCHASES The expected dollar amount of the purchase will be used to determine what procedure should be followed in making any purchase. 4.1 Purchases less than 535.00 may be made with petty cash. 4.2 Purchases under $50.00 may be made on a Blanket Purchase Order. 4.3 Purchases between $50.00 and $500.00, a Purchase Requisition and Purchase Order shall be issued. 4.4 Purchases between $500.00 and $5.000.00, a Purchase Requisition and Purchase Order shall be issued. Three (3) written quotes shall be obtained for these purchases. 4.5 If the purchase is over $5,000.00, the formal bid process shall be utilized. 4.6 Emergency Purchase In the case of an apparent emergency which requires an immediate purchase of supplies, services or construction, the City Manager shall be empowered to secure by open market procedures, at the lowest obtainable price, any supplies, services, or construction, regardless of the amount of the expenditure, when such procurement is essential to prevent delays in the work of the City which may vitally affect the life, health, welfare or convenience of the citizens. A full report of the circumstances of an emergency purchase shall be filed by the City Manager with the City Council at the next regular City Council meeting following said purchase, shall be entered in the minutes of the City Council and shall be open to inspection. 4.7 Sole Source Purchase When it has been determined that a certain type of supplies, services or construction is available from only one (1) source, or no other substitutive supplies, services, or construction are available for purchase by the City, the City may purchase the items from the single source of supply without complying with the competitive purchasing provisions of this manual. 4 Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Consideration Item No. 6 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BUDGET TRANSFER FOR SHERIFF'S DEPARTMENT DEPT./DIVISION: SHERIFF'S DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of a budget transfer from the sheriff's operating budget to their capital equipment budget to purchase new computers in an amount of $4,827. Summary Explanation & Background: The sheriff's department is asking that the above-mentioned funds be transferred to the capital equipment budget from their operations budget. See attached memo from Major McGee. I recommend approval. Exhibits Attached: Major McGee's memo of 03-19-99 City Manager's Office (Signature) S Sims for BB Department SHERIFF'S DEPT/PUBLIC SAFETY g:/admin/council/meeting/1999/9/04-06-99/sheriff.doc Sheriff Philip B. Williams Office (407) 264-5201 BREVARD COUNTY SHERIFF'S OFFICE FAX (407) 264-5360 700 Park Avenue Member, Florida Sheriffs Association Titusville. FI 32780 Member, National Sheriffs Association March 19, 1999 City of Cape Canaveral City Manager, Mr. Bennett C. Boucher 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920 Reference: Midyear budget adjustment Mr. Boucher: At this time I would like to propose a mid-year budget adjustment, effectively utilizing existing operational funds for a capital purchase of three (3) Gateway computers. Due to a recent upgrade and installation of networked equipment services available to our precinct, we are in need of three new computers. As you may know, much of our current computer equipment is outdated and has been pieced together from surplussed items from other units within the Brevard County Sheriff's Office. The equipment is functional, however, is not compatible with the new services our agency has implemented. Our objective is to bring all precinct computers on line with the new equipment at the earliest possible date. In order to achieve this objective, we must replace a minimum of six computers. We would like to purchase three computers from our current budget and three additional computers in the FY 199912000 budget. In accordance with the contractual agreement between the City of Cape Canaveral and the Brevard County Sheriff's Office, all capital purchases must receive the approval of City Council. I have attached a quotation from Gateway, which details the computer system required. The total amount of funds to be transferred from the operational budget to the capital budget is $ 4,82 7.00. Please include this item on the Agenda for the next scheduled City Council Meeting. North Precinct Central Precinct Canaveral Precinct South Precinct Brevard County Detentio Center 700 Park Avenue 2575 N.Courtenay Pkwy. 111 Polk Avenue 2725 Judge Fran Jamieson P.O. Box 800 Titusville, FI 32780 Merritt Island, FI 32953 Cape Canaveral, FI 32935 Way, Bldg. E 860 Camp Road (407) 264-5353 (407) 455-1485 (407) 868-1113 Viera, FI 32940 Sharpes, FI 32950 (407) 264-5359 FAX(407) 455-1488 FAX (407) 784-8340 FAX (407)633-2123 (407) 690-1500 (407)633-1965 FAX (407) 635-7800 FAX Midyear budget adjustment Page two Should you require further information,please contact me at your convenience. Sincerely, Philip B. Williams Brevard County Sheriff (Signature) Major George McGee Canaveral Precinct Commander GM-sm c: Director Mike Abels Finance Director, Deborah Barker 3-28-1995 8:45PM FROM P.1 (illegible) YOUR OWN Gateway site (illegible) Home Your team at Gateway Select your system Your (illegible) Support and information Help E-3200 400 Processor: Intel 400MHz Pentium TI processor with 512k Cache Memory: 64MB 100Mhz SDRAM subtracted: US$914 Monitor: EV700 17inch color monitor (15.9inch viewable area) Graphics Accelerator- Integrated ATI Rage Pro Turbo 4MB AGP GrapWcs Accek Hard Drive: SAGE 540ORPM Ultra ATA hard drive Floppy Drive: 3.5inch 1.44MB diskette drive CD-ROM: 13X nein./32X moa. CD-ROM drive Multimedia Package: Integrated 16-bit Business Audio Fax/Modem: TelePath 56K*Modem added: US$126 Case: Highly Serviceable,Convertible Case Network Card: Integrated 3COM PCI 10/100 Twisted Pair Ethernet w/WOL Keyboard: 104+Keyboard Mouse: MS IntelliMouse mouse&Gatewav rnouse pad LANDesk Software: Intel LANDesk Client Manager Software v3.3 Operating System: Microsoft Windows 95 on CD-ROM Service Program: Years 2 & 3 of On-Site Service McAfee Anti-Virus Software: McAfee Anti Virus Software Base Price: US $1609 Configured Price: ITS $1641 FOB Destination Contract #250-040-99-1 Quantity: 1 Total Configured Price: US$1641 Name: ! Company: Fax #: I Phone #: Sales Representative (ifknown): 800-779-200 Would you prefer a fax or Q phone cal Comments 1 of 2 3/11/99 1:23 PM 3-28-1995 8:45PM FROM P.2 0-3200 400 Generate Quote Terms and Conditions of sale and limited warranty Ordering information is encrypted using the Secure Socket Layer (SSI~) protocol before being transferred to our Web Server for processing. Prices and specifications are subject to change without notice or obligation. Thew prices do not include shipping or sales tax if applicable. After your system has been built (lead tunes may vary), it may be shipped via 2nd day shipping in the continental US. 2nd day shipping within the continental USA is US for desktops and US for portables. 7 to 10 day shipping for Destination[TM) Big Screen PCs is US . add US shipping for each printer.All prices are quoted in U.S. dollars. HOME TEAM SELECT SYSTEM YOUR ORDERS SUPPORT HELP 2 of 2 3/11/99 1:23 PM Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Considerations Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SCHOOL BASED PARTNERSHIPS 1999 GRANT PROGRAM DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council allow staff to apply for this grant funding. Summary Explanation & Background: Deputy Perry will give an overview of the program and what he hopes to accomplish with Capeview Elementary. Please advise. Exhibits Attached: Program material. City Manager's Office (Signature) S Sims for BB Department ADMINISTRATION g:/admin/council/meeting/1999/04-06-99/grant.doc U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Ave., N.W. Washington, D.C. 20530 Dear Colleague: I am pleased to announce that the COPS Office is offering another innovative community policing program, School-Based Partnerships `99: School-Related Crime Prevention and Safety Initiative. Law enforcement agencies awarded funding under this solicitation will work with schools or community partners to address a persistent school-related crime or disorder problem in an innovative way. Up to $15 million is available under this program. The COPS Office is seeking competitive proposals from agencies that are committed to both the philosophy of community policing and to engagement in a partnership to analyze a crime or disorder problem, implement tailored responses, and assess the impact of those responses. We expect School-Based Partnerships `99 to be an extremely competitive program. Before requesting an application kit,please review the enclosed fact sheet, which provides a brief summary of the program and an overview of the application requirements. This information should assist you in determining if your agency will meet the requirements of this solicitation. Application kits will become available in early March and submissions will be due April 30, 1999. If you would like to request an application kit, or have questions about the School- Based Partnerships `99 program, please contact the U.S. Department of Justice Response Center at 1-800-421-6770. Sincerely, (Signature) Joseph E. Brann Director U.S. Department of Justice Office of Community Oriented Policing Services COPS Fact Sheet www.usdoj.gov/cop School-Based Partnerships '99 As part of the Clinton Administration's commitment to The School-Based Partnerships program emphasizes problem. combat and prevent crime in and around America's analysis, a key component of problem solving, to help schools, the Justice Department's Office of Community develop effective responses, including prevention ar d Oriented Policing Services(COPS)has a new grant program, intervention efforts. For example, a problem analysis School-Based Partnerships '99, designed to keep children might show that 80 percent of the assaults on students at a safe by reducing school-related crime. This program,will particular school are committed by truant students with help make schools safer for all children. prior arrest records from other schools.A comprehensive response to this problem might involve a collaborative The COPS Office was created by Attorney General Janet effort among a team of social services personnel, school Reno to promote community policing and to add 100,000 administrative staff,police and probation officers. This community policing officers and deputies to America's team might work together to change policies and improve streets. communication to exert more control over the offenders and problem behaviors. Similarly, other responses may Program Information include: training students in conflict resolution,restorative justice/community justice initiatives,crime awareness/ prevention programs,programs targeting likely victims The School-Based Partnerships grant program will provide and offenders at high-risk times,social service intervention policing agencies with a unique opportunity to work with programs,physical changes in the environment to reduce schools and community-based organizations to address persistent school-related crime problems.Applicants must the problem, and school policy and procedural change. focus on one primary school-related crime or disorder Applicants will use problem-solving methods to underst and problem,occurring in or around an elementary or secondary the causes of the problem;develop specific, tailor-made school,such as: responses to that problem; and assess the impact of those responses.To help communities use creative problem solving • Drug Dealing or Use on School Grounds; to address school-related problems,this grant will fund • Problems Experienced by Students on the Way to and resources such as:computer technology;crime analysis from School; personnel;the cost of conducting student surveys and victim/ • Assault/Sexual Assault; offender interviews;the cost of community organizers, • Alcohol Use or Alcohol-Related Problems/DWI; school personnel and/or students involved in analyzing or • Threat/Intimidation; coordinating the project;and training and technical assistance • Vandalism/Graffiti; in collaborative problem solving.To complement this grant • Loitering and Disorderly Conduct Directly Related to program,school resource officers may be hired through Crime or Student Safety; the COPS Universal Hiring Program (UHP) and/or the • Disputes that Pose a Threat to Student Safety;and COPS in Schools grant program. • Larceny i Although this grant program is focused on the careful Law enforcement agencies(primary applicants)may 3ubmit analysis of a specific school-related crime problem, it is only one application. Schools or community-based entities not intended to be overly complex or technical.Applicants (secondary applicants) that apply as partners are expected are not expected to be experts in problem solving and to include student representatives in the project. crime analysis. Any organization concerned with school safety or crime issues is encouraged to participate in this Receiving an award under the School-Based program.Applicants that would like assistance in problem- Partnerships '99 program will not affect the eligibility of an solving techniques are encouraged to plan for such technical agency to receive awards under other COPS progranis. assistance in their project budgets. The deadline for applications is April 30,1999. Funding Provisions Applications,which will be available in March, mus be postmarked by April 30, 1999, to be eligible. Grant funds must be used to supplement,and not supplant, Grant Application Guide state or local funds that otherwise would be devoted to public safety activities. "Problem-Solving Tips: A Guide to Reducing Crime and Eligibility Requirements Disorder Through Problem-Solving Partnerships" is available to aid applicants in completing their application. The guide provides background information on most of All local,Indian tribal,school police departments(consisting the questions found in the grant application. of officers with sworn authority) and other public law enforcement agencies-committed to community policing Applications will be available in early March. To obtain an are eligible to apply.Law enforcement agencies must partner application and the companion guide, or for more with either a specific school,school district or a nonprofit information,call the U.S. Department of Justice Response organization.A partnership between a policing agency Center at 1-800-421-6770. A copy of the applicatior kit and a specific school or school district is encouraged,but and "Problem-Solving Tips" also will be available i early if such a partnership il- not practical, a policing agency March on the COPS Office web site at: may partner with a nonprofit community group.A collaboration agreement outlining the conditions and http://www.usdoj.gov/cops benefits each participant will contribute to the project must be included in the application. Updated:February 5, 1999 fs_sbp_003 Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Resolutions Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 99-06, RENEWAL OF CITY ENGINEER CONTRACT WITH SSA DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and comment on the attached evaluations city staff completed on SSA and decide whether or not to renew this service contract. Summary Explanation & Background: See attached staff evaluations of SSA. SSA was given a copy of the staff evaluations and were given the opportunity to respond. Attached is the current contract. I recommend approval. Exhibits Attached: Staff evaluations/SSA contract/resolution City Manager's Office (Signature) S Sims for BB Department LEGISLATIVE g:/admin/council/meeting/1999/04-06-99/99-06.doc City of Cape Canaveral March 17, 1999 Mr. John Pekar Vice President Stottler, Stagg &Associates P. O. Box 1630 Cape Canaveral, FL 32920-1630 RE: ANNUAL EVALUATION AND CONTRACT RENEWAL Dear John: Enclosed for your review are completed evaluations by city staff on the level of service your firm provided to the city during this past contract year. Please feel free to address any of the comments. This will be a City Council agenda item for the 04-06-99 meeting. Also, if you have any contract revisions, please forward to my office no later than 03-31-99. I'll be available to discuss your firm's evaluation and contract at your convenience. SincereIy, (Signature) Bennett C. Boucher City Manager BCB:kmm Encs. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX (407) 799-3170 CITY ENGINEERING SERVICES ANNUAL EVALUATION OF STOTTLER. STAgg & ASSOCIATES 4/15/98 - 4/15/99 (1) HAVE YOU OR YOUR DEPARTMENT PERSONNEL CONSULTED OR WORKED ON PROJECTS WITH SSA? IF SO, PLEASE LIST. Site Pen Reviews Storm Drainage Design Reuse Design Roadwork Design (2) HOW DO YOU RATE SSA'S PROFESSIONALISM AND KNOWLEDGE IN THEIR PERFORMANCE OF ASSIGNED TASKS? Good (3) HOW IS SSA'S CUSTOMER SERVICE? DO THEY RESPOND TO INQUIRIES IN A TIMELY MANNER? Family good, work Product for Public Works Projects need better Turn-around Time. (4) DO YOU FEEL THAT CHARGES FOR SERVICES ARE (CHECK ONE) ____ TOO LOW ____ JUST RIGHT ____ X- TOO EXPENSIVE PLEASE COMMENT. (5) WHAT ARE SSA'S STRONG POINTS? Site Plan Review Work, Works well with Applicants to resolve issues + provide review comments on time. (6) ARE THERE ANY AREAS THAT SSA NEEDS TO IMPROVE UPON? Updating Public Works Director on Status of assigives (?) Tasks + Projects. (7) OVERALL RATING: _____ UNSATISFACTORY _____ NEEDS IMPROVEMENT _____ SATISFACTORY X _____ VERY GOOD (8) SHOULD THE CITY COUNCIL RETAIN SSA'S SERVICES FOR ANOTHER YEAR? X __ YES __ NO COMPLEEMED BY: (Signature) CITY ENGINEERING SERVICES ANNUAL EVALUATION OF STOTTLER. SCA GG & ASSOCIATES 4/15/98 - 4/15/99 (1) HAVE YOU OR YOUR DEPARTMENT PERSONNELCONSULTED OR WORKED ON PROJECTS WITH SSA? IF SO, PLEASE LIST. 1. COMMERCE ST 2. (illegible) BLVD 3. MANATEE PARK 4. STORM WATER PLAN 5. REUSE PROJECT (2) H0W DO YOU RATE SSA'S PROFESSIONALISM AND KNOWLEDGE IN THEIR PERFORMANCE OF ASSIGNED TASKS? ABOVE AUSLAGE KNOWLEDGE / PROFESSIONALISM WITHIN FIELDS OF EXPERTISE. I.E. STORMWATER / 1 PLANS REVIEW, ROAD DESIGN , (3) HOW IS SSA'S CUSTOMER SERVICE? DO THEY RESPOND TO INQIRIES IN A TIMELY MANNER? VERY FRIENDLY PERSONAL SERVICE HELPFUL. (4) DO YOU FEEL THAT CHARGES FOR SERVICES ARE (CHECK ONE) ____ TOO LOW X___JUST RIGHT ____ TOO EXPENSIVE PLEASE COMMENT. RECEIVE ASSISTANCE AND PROFESSIONAL ADVISE ON PROJECTS WITH OUT ANY FEES. ','.. WHAT ARE SSA'S STRONG POINTS? 1. LOCAL OFFICE, EASY ACCESS 2. ENGINEERING SERVICES FOR STORMWATER PLANS REVIEW AND ROAD DESIGN. ARE THERE ANY AREAS THAT SSA NEEDS TO IMPROVE UPON? WEEKLY REPORT ON STATUS OR CITY PROJECTS. I.E. PROGRESS AND/OR REASONS FOR DELAYS. (7) OVERALL RATING: ____ UNSATISFACTORY ____ NEEDS IMPROVEMENT ____ SATISFACTORY X _____ VERY GOOD ____ EXCELLENT (8) SHOULD THE CITY COUNCIL RETAIN SSA'S SERVICES FOR AINOTHER YEAR? X ___YES __ NO COMPLETED BY: (Signature) Ed Gardulski Public Works CITY ENGINEERING SERVICE ANNUAL EVALUATION OF STOTTLER STARMER & ASSOCIATES 4/15/98 -4/15/99 (1) HAVE YOU OR YOUR DEPARTMENT PERSONNEL CONSULTED OR WORKED ON PROJECTS WITH SSA? IF SO, PLEASE LIST. Yes. The Building Department has worked with SSA on approximately 150-200 projects in the above time period. (2) HOW DO YOU RATE SSA'S PROFESSIONALISM AND KNOWLEDGE IN THEIR PERFORMANCE OF ASSIGNED TASKS? Good. (3) HOW IS SSA'S CUSTOMER SERVICE? DO THEY RESPOND TO INQUIRIES IN A TIMELY MANNER? No. They have exceeded their contracted time to respond on various projects and do not return phone calls in a timely manner. (4) DO YOU FEEL THAT CHARGES FOR SERVICES ARE (CHECK ONE) ____ TOO LOW ____ JUST RIGHT ___X___TOO EXPENSIVE PLEASE COMMENT: Plan review fees should be scaled according to Land Use. A citizen should not have to pay $70/hr. to review a uncomplicated plan. (5) WHAT ARE SSA'S STRONG POINTS? They are located in Cape Canaveral. (6) ARE THERE ANY AREAS THAT SSA NEED TO IMPROVE UPON? Timeliness in project turn-around and returning phone calls. (7) OVERALL RATING: ____ UNSATISFACTORY __ X__ NEEDS IMPROVEMENT ____ SATISFACTORY ____ VERY GOOD ____ EXCELLENT (8) SHOULD THE CITY COUNCIL RETAIN SSA'S SERVICES FOR ANOTHER YEAR? ____ YES __X__ NO COMPLETED BY: (Signature) DENNIS E. FRANKLIN, CBO BUILDING OFFICIAL RESOLUTION NO. 99 06 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE ENGINEERING SERVICES CONTRACT WITH STOTTLER, STAGG AND ASSOCIATES TO PROVIDE ENGINEERING SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cape Canaveral,Brevard County, Florida, as follows: Section 1. The City Council, by passage of this Resolution, hereby authorizes the annual renewal of the Engineering Services Contract with Stottler, Stagg and Associates, for the provision of Engineering Services to the City of Cape Canaveral, Florida; a copy of said Engineering Services Contract is attached hereto and made part hereof by reference. Section 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of April. 1999. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST BRUNS APPROVED AS TO FORM: HERNANDEZ PETSOS Kohn Bennett, CITY ATTORNEY TREVERTON RANDELS AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT made and entered into this 7th day of April, 1948 by and between the CITY OF CAPE CANAVERAL, Florida, a Florida Municipal Corporation(hereinafter referred to as "CITY"), and STOTTLER STAGG & ASSOCIATES, INC., a Florida Corporation (hereinafter referred to as "CONSULTING ENGINEERS"). RECITALS WHEREAS, the CONSULTING ENGINEERS have served the CITY continuously since the 7th day of February, 1995; and WHEREAS, the CITY wishes to obtain the professional services of the CONSULTING ENGINEERS, pursuant to Section 2-151 of the Code of Ordinances, to provide services as may be authorized by the CITY; and WHEREAS, the CITY desires to obtain the benefit of experience, ability and services of the CONSULTING ENGINEERS upon the terms and conditions hereinafter set forth; and WHEREAS, the CONSULTING ENGINEERS are willing to render such engineering services and to devote their best efforts to the CITY upon such terms and conditions. WITNESSETH NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants contained herein, the parties hereto, agree as follows: 1. CONSULTING SERVICES: The CONSULTING ENGINEERS agree to provide continuing consulting; (a) engineering, planning, architecture, hydrogeological, survey and management consulting services and (b) site plan review and sewer utility advisory services. 2. GENERAL ENGINEERING SERVICES: THE CONSULTING ENGINEERS agree to provide general engineering services including attendance at meetings, review of applicant submittals, negotiations of various kinds, staff assistance, miscellaneous engineering and all other functions not included in (i) site plan review services, (ii) study and report services, (iii) project design services, (iv) general services during construction, (v) resident inspection services, and/or (vi) supplementary and special services. 3. SITE PLAN AND DEVELOPMENT REVIEW SERVICES: The CONSULTING ENGINEERS agree to provide site plan and development III review services verifying applicant compliance with the CITY's Comprehensive Plan, land development and community appearance codes, and field investigations. 4. STUDY AND REPORT SERVICES: The CONSULTING ENGINEERS agree to conduct reviews and analysis of submittals to the CITY, investigations and studies to prepare engineering reports and cost estimates pertaining to specific assignments as may be authorized by the CITY from time to time. 5. PROJECT DESIGN SERVICES: As may be authorized by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to prepare a Design Report for specific projects. The Design Report shall set forth the design basis, criteria, assumptions, schematics, materials and equipment evaluation, and preliminary selection with capacities, descriptions, catalog cut sheets and such other material as may be appropriate to thoroughly describe the intended design. The CONSULTING ENGINEERS agree not to 2 proceed with detailed design until such time as the CITY shall approve the Design Report. (b) The CONSULTING ENGINEERS agree to prepare the detailed design for any project for which the Design Report has been approved by the CITY. The detailed design shall include detailed construction drawings, specifications and contract documents suitable for inviting construction bids for such projects as may be authorized by the CITY. The work shall include the preparation of an estimate of probable cost of construction based upon completed construction plans, complete sets of drawings, specifications and contract documents, and reproducible drawings on erasable mylar film shall be provided to the CITY for each project (c) The CONSULTING ENGINEERS shall confer as required with officials of State, Federal and local regulatory agencies having jurisdiction during the preparation of the drawings and specifications and shall assist the CITY in obtaining approval of the same, and in obtaining required permits from, and agreements with, such agencies. 6. GENERAL SERVICES DURING CONSTRUCTION: As may be authorized by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to furnish general engineering services during construction of projects for which drawings, specifications and contract documents have been previously prepared by the CONSULTING ENGINEERS or accepted by the CONSULTING ENGINEERS as being suitable for use. The services shall include advice and assistance to the CITY in the receipt and analysis of bids and the award of construction contracts, advice during construction, preparation of such sketches as are needed to resolve actual field conditions, review of shop drawings and working drawings 3 submitted by the contractors, periodic observations of work in progress, review of cost estimates for payments to the contractors during the progress of and upon completion of the contracts, and observation of the final testing and final inspection of the completed works. (b) The CONSULTING ENGINEERS agree to prepare and submit monthly progress reports covering the general progress of the work and describing problems or factors contributing to delay. 7. RESIDENT ENGINEER OR INSPECTOR SERVICES: As may be authorized in writing by the CITY from time to time: (a) The CONSULTING ENGINEERS agree to furnish either a full-time chief Resident Engineer or Inspector, and full-time construction inspector(s) for inspection of construction and assistants (including other field staff, related office management and clerical staff) as may be needed, all of whom shall be under the general direction and instruction of the CONSULTING ENGINEERS. Resident Engineer or Inspector duties shall be generally in accordance with the National Society of Professional Engineers Contract Documents. (b) The CONSULTING ENGINEERS agree to prepare and submit daily reports of the field staff describing the general working conditions, areas of construction activity, all tests performed and special and unusual events. 8. SUPPLEMENTARY AND SPECIAL SERVICES: The CONSULTING ENGINEERS agree to furnish any one or more of the following supplementary and special services as may be authorized by the CITY from time to time: 4 (a) To make, or at the option of the CONSULTING ENGINEERS, to have made by others under the direction of the CONSULTING ENGINEERS, necessary field surveys (including easement plans and descriptions) not otherwise provided by the CITY, traffic surveys, subsurface explorations including the analysis thereof required for construction plans, laboratory testing and inspection of samples or materials, and other special studies and consultations. (b) To prepare necessary State and Federal grant application forms; to provide additional engineering services, special plans and descriptions, as may be required to assist the CITY in obtaining various permits and approvals for construction and operation; and to prepare for and attend public meetings and hearings as may be required by the CITY. (c) To furnish extra copies of drawings, specifications, contract documents, special drawings, reports and similar documents. (d) To review materials and equipment submittals tendered by bidders and contractors when such submittals are alternatives to those specified or previously approved. (e) To review and report on claims for extra compensation or time extensions submitted by contractors. (f) When requested by the CITY, to prepare and submit proposed contract change orders. (g) To prepare additional sets of reproducible record drawings and other data furnished by the contractor to the CONSULTING ENGINEERS showing those changes made during the construction process and which the CONSULTING ENGINEERS 5 consider significant. (h) To revise previouslyapproved studies reports, design documents, drawings and specifications. (i) To prepare detailed renderings, exhibits or scale models for projects. (j) To furnish such services and advice and assistance in the organization of an operation and maintenance staff, in the delegation of routine operating duties in the organization of sampling and analysis, in the operating and testing of equipment, in the preparation of operating and laboratory report forms, in the adjustment of wastewater treatment processes for more efficient performance and to assist in the operation of the facilities. (k) To prepare an Operation and Maintenance Manual for the use of the CITY personnel for projects. (I) To conduct investigations and prepare reports pertaining to operations, maintenance and overhead expenses; to prepare rate schedules, earnings and expense statements, feasibility studies, appraisals and valuations; to prepare detailed quantity surveys of material and labor, and to prepare material audits or inventories or inventories required for certification of force account construction performed by the CITY. (m) To perform additional services resulting from projects involving more than one general construction contract, separate construction contracts for different building trades, or separate equipment contracts. (n) To perform additional services in connection with the rejection and rebidding of construction projects. (o) To inspect a project prior to the expiration of the guarantee period and to report 6 observed discrepancies under guarantees provided by the construction contract. (p) To perform additional services during construction made necessary by work damaged by fire or other cause during construction; prolongation of the construction contract timeby more than twenty-five percent (25%); acceleration of the work schedule involving services beyond normal working hours; or contract default due to delinquency or insolvency. (c) To serve as an expert witness for the CITY in any litigation or arbitration and to assist the CITY in preparing for litigation or arbitration. 9. COVENANTS BY THE CITY OF CAPE CANAVERAL: The CITY hereby covenants and agrees: (a) To appoint a representative with respect to particular work to be performed under this Agreement. This representative shall have authority to transmit instruction, receive information, and interpret and define the CITY's policy and decisions pertinent to the work covered by the Agreement. (b) To make available at no cost to the CONSULTING ENGINEERS all existing records, reports, maps, plans, aerial photographs or other data which may be required for work under this Agreement, and to provide full information as to the CITY's requirements for any work authorized hereunder. (c) To make its stormwater and sewer and other facilities and properties available and accessible for inspection by the CONSULTING ENGINEERS, and to provide labor and safety equipment as required by the CONSULTING ENGINEERS and authorized by the CITY, and to guarantee access to and make all provisions for the CONSULTING ENGINEERS to perform his work under this Agreement. (d) To advertise for proposals for construction projects from qualified bidders, 7 open the proposals at the appointed time and plan and pay for all costs incidental thereto. (e) To give prompt written notice to the CONSULTING ENGINEERS whenever the CITY observes or otherwise becomes aware of any defect in project. (f) To give careful and reasoned consideration to the findings and recommendations of the CONSULTING ENGINEERS and to respond in a timely manner so as not to unduly delay the work. CITY. (g) To pay the applicable regulatory permitting fees for those projects conducted by 10. AUTHORIZATION OF WORK: All work to be performed by the CONSULTING ENGINEERS under this Agreement shall first be authorized by the CITY. There is no obligation for work not authorized by a notice to proceed. (a) Engineering services relative to the CITY engineering functions and budgeted capital improvements program are authorized to be performed subject to the issuance of a notice to proceed for each and based upon a written scope approved by CITY with fees that are negotiated with the CONSULTING ENGINEERS. Work shall not commence on individual projects until a written notice to proceed is provided by the CITY (b) Each authorization approved by the CITY shall contain a description of the work to be undertaken. The authorization shall also contain a budget amount of the fee to be paid based upon the applicable method for calculating the fee, and such budget amount shall not be exceeded unless prior written approval is issued by the CITY. In the event the CITY does not approve a revised budget and additional funding, and the need for such action is not shown to be the fault of the CONSULTING ENGINEERS, then the authorization shall be terminated and the 8 CONSULTING ENGINEERS shall be paid in full for all work performed to that point. The form and format of the budget shall be in sufficient detail so as to identify the various elements of cost and shall be subject to approval of the CITY. (d) Any authorization may contain additional instructions or provisions specific to the authorized work for the purpose of expanding upon certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instructions or provisions shall not be construed as a modification of this Agreement. 11. PAYMENT FOR SERVICES: The CITY agrees to pay the CONSULTING ENGINEERS for all services authorized and performed in accordance with the approved budget at the hourly rate schedule attached as Exhibits "A" and `B", as follows: (a) Within 30 days for CITY projects subject to the budget set out in each authorization of work. (b) Fees shall be due and owing to the CONSULTING ENGINEERS within 14 days of receipt of payment to the CITY by any site plan/development review applicant provided, however, the CITY shall have no liability to the CONSULTING ENGINEERS for site plan/development review fees not collected, provided the CITY has properly billed for such fees. (c) Those functions which are considered overhead and included in Exhibits "A" and "B" provided herein are general clerical functions, internal Stottler, Stagg & Associates, Inc. accounting functions, employee benefit and non -billable time functions, reception and overhead functions, insurance, secretarial support for letters, reproduction of short standard documents (not reports, studies and/or specifications), secretarial coordination for meetings and related 9 professional support activities; costs for telephone, costs for car telephone, long distance calls, company car mileage, car maintenance or other related costs. Moreover, costs for computers, word processors, CADD facilities, plotters and printers, facsimile equipment, optical scanning services, routine copies, computer software, and other professional support equipment are considered as included in the Exhibits "A" and `B" fee schedules provided herein. (d) Monthly billing documents shall include a delineation of the type of service, a description of the activity, a delineation of the person, rate and reimbursables for the protect. 12. PROHIBITION AGAINST CONTINGENT FEES: The CONSULTING ENGINEERS warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTING ENGINEERS, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the firm, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. LIFE AND LIMITATIONS OF AGREEMENT: (a) This Agreement shall remain in full force for a one (1) year period, or unless earlier j terminated by either party, per Paragraph 15, except that as to work completed under this Agreement prior to notice of termination without fault of the CONSULTING ENGINEERS. This Agreement may be renewed and extended for successive one (1) year periods on each anniversary date hereof by mutual agreement of the parties hereto. Should CONSULTING ENGINEERS desire to renew this Agreement, CONSULTING ENGINEERS shall request the extension in 10 writing at least sixty (60) days preceding any anniversary date of this Agreement. (b) It is agreed that this Agreement does not confer an exclusive right on the part of the CONSULTING ENGINEERS to perform all of the CITY's consulting engineering, planning and landscape architectural work. (c) It is agreed that the CONSULTING ENGINEERS shall not be required to enter upon any facility or property which the CONSULTING ENGINEERS believe to be hazardous, dangerous or unsafe. (d) It is agreed that intellectual property of all reports, tests, specifications, mylar or electrostatic plots on vellum or other reproducible media record drawings will be the property of the CITY. 14. AUTHORIZED REPRESENTATIVES: The authorized representative for the CONSULTING ENGINEERS is John A. Pekar, P.E. The CONSULTING ENGINEERS may only substitute the authorized representative if agreed to in writing by the CITY. The authorized representative for the CITY is the City Manager. The CITY may substitute the authorized representative after giving written notice to the CONSULTING ENGINEERS. 15. TERMINATION: This Agreement may be terminated by either party without cause upon sixty (60) days written notice to the other party. If terminated without fault of the CONSULTING ENGINEERS, the CONSULTING ENGINEERS shall submit and be paid in accordance with work previously completed under this Agreement. 11 16. INSURANCE: The CONSULTING ENGINEERS shall maintain a minimum of $1,000,000 professional liability insurance, for each occurrence $500,000 for workers' compensation and employers' liability, automotive liability of a combined single limit of $1,000,000 and general liability as an aggregate of $2,000,000 with coverages including personal injury of $1,000,000 and per occurrence coverage of $1,000,000. (a) Special Requirements: 1. The CITY is to be included as an Additional Insured on both the Comprehensive General Liability and Business Auto Liability Policies. 2. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the Agreement. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date. There shall also be a 30 -day notification to the CITY in the event of cancellation or modification of any stipulated insurance coverage. (b) Indemnification: For specific consideration, the receipt and sufficiency of which is hereby acknowledged, the CONSULTING ENGINEERS shall indemnify and save harmless the CITY and its employees from all suits, actions, claims, demands, damages, losses, expenses, including attorney's fees, costs and judgments of every kind and description to which the CITY or its employees may be subjected to by reason of injury to persons or death or property damage, resulting from or growing out of any act of commission, omission, negligence or fault of the CONSULTING ENGINEERS, their agents, employees, or subcontractors committed in connection with this Agreement. 12 18. CONFLICT OF INTEREST: The CONSULTING ENGINEERS hereby agree that it, its principals, shareholders, or employees shall not represent any third parties in any matters of land development before the City of Cape Canaveral. In addition, the CONSULTING ENGINEERS, its principals, and shareholders agree that they will not develop property owned by them located in the City of Cape Canaveral without prior written consent of the CITY, at which time the CITY may engage an independent, third party engineer at its election. 19. MISCELLANEOUS: Venue for and litigation for other methods of dispute resolution shall lie exclusively in Brevard County, Florida. This Contract shall be governed by the laws of the State of Florida. WHEREFORE, the parties have executed the Agreement this day and date first written above. 13 EXHIBIT A CITY OF CAPE CANAVERAL RATE SCHEDULE* Averaged Engineering Staff Billing Rate @ Survey Crew RATE / HOUR $70.00 $75.00 • To be typically used for preparation of City requested lump sum projects or as a standard fee for hourly supportive tasks. SSA may adjust hourly rates on some lump sum projects or supportive tasks that are small and only require partial work to complete. Other direct charges will be as noted in Section II of the contract under Payment for Services. c:\civil\projects\cape\exhibits to contract.doc EXHIBIT B CITY OF CAPE CANAVERAL SSA FEE SCHEDULES FOR RESIDENTIAL SITE PLAN AND DEVELOPMENT REVIEWS Pre -Application Review Meeting at SSA's Cape Canaveral Office .......................................... No Charge (No charge for 1st meeting, however if additional meetings are requested by the applicant, charge of $70.00 per hour per staff member.) CITY REVIEW FEES` 1. Residential Site up to four (4) units..................................................................................... $500.00 2. Commercial Sites up to four (4) acres and Residential Sites over four (4) units .............. $1,000.00 3. Commercial Sites over four (4) acres to eight (8) acres ..................................................... $1,500.00 4. Commercial Sites over eight (8) acres or Special Commercial Sites. Review fees to be established after pre -application meeting based on hourly rates estimated in EXHIBIT A. 5. Expert Witness, Pre -Trial, Legal Support work, etc. to be billed at $125.00 per hour. NOTE: This lump sum fee is to be paid to the City upon submission of the site plan. This fee covers up to (2) engineering reviews. If additional reviews are required by the Engineer, then SSA will bill the City at the rate of $70.00 per hour per staff member. The applicant will be required to pay this additional fee prior to site plan approvals being issued. c:\civil\projects\cape\exhibits to contract.doc Witness STOTTLER, STAGG & ASSOCIATES (Signature) (Signature) Architects, Engineers, Planners, Inc. By: (Signature) John Pekar, P.E. Witness CITY OF CAPE CANAVERAL (Signature) By: (Signature) (Signature) Rocky Randels, Mayor Attest: (Signature) 14 Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Resolutions Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 99-07, SUPPORTING EXTENSION OF THE LOCAL OPTION GAS TAX AND ADDITION OF THE 9TH, 10TH AND 11TH CENT GAS TAX DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and comment on the extension of the local option gas tax and addition of th 9th, 10th and 11th cent gas tax. Summary Explanation & Background: Attached for your review is a letter from the City of Palm Bay and Brevard County's "Building Roads for the 21st Century. Exhibits Attached: City of Palm Bay's letter dated 03-19-99/Brevard County's "Building Roads for the 21st Century "/resolution City Manager's Office (Signature) S.Sims for BB Department LEGISLATIVE g:/admin/council/meeting/1999/04-06-99/gastax.doc CITY OF PALM BAY FLORIDA 120 MALABAR ROAD, SE PALM BAY, FLORIDA 32907-3009 (407) 952-3400 March 19, 1999 City Manager CITY OF CAPE CANAVERAL P. 0. Box 326 Cape Canaveral, FL 32920 RE: POTENTIAL INCREASES IN THE LOCAL OPTION GAS TAX BY BREVARD COUNTY Dear Sir: If you are not aware by now, please be advised that a Workshop will be held April 15 at 10:00 a.m. in Viera regarding the potential increases in our Local Option Gas Tax. Specifically, discussions, letters and resolutions have surrounded the addition of a 9th, 10th and 11th cent gas tax, and as you are aware, the 10th and 11th cent are the pennies that generate revenue which would be shared with the municipalities of Brevard County. It is my understanding that the Brevard County Commission is interested in seeing what kind of response comes from the cities, not only in terms of resolutions and letters, but also in the form of public meetings which would serve both, to demonstrate to the County that the cities are serious, about these additional local option gas taxes and as a sampling of how the residents of our', communities feel about the issue. I am confident in my opinion that virtually all of us have infrastructure needs that go unfunded' annually. This potential funding is an opportunity for us to be able to secure an additional amount' to help us alleviate that problem. I am not requesting any specific response to me individually, but'I I would strongly recommend that the cities start contacting County staff and setting up their public meetings to help show the County that this funding is necessary and we are serious. Thank you for your time and cooperation in this matter. Sincerely, CITY OF PALM BAY Bob Nanni Acting City Manager cc: Honorable Mayor and Members of City Council Sue Hann, Public Works Director K:\MGMT\NANNI\BREVARD\GASTAX.WPD "PROGRESS THROUGH PARTNERSHIP" Mar 22 99 10:08a BREVRRD COUNTY 407 617 7208 P. BRE'VARD COUNTY, FLORIDA Public Works Department "Building Roads for the 21st Century" for Road Improvements GOAL: "Building Roads for the 21st Century" OBJECTIVES: 1. Establish a long-term financial plan for road improvements in Brevard County: (1) to provide a long-term spending plan. (2) to identify construction funds. (3) that amortizes road construction projects over an estimated useful life of the road irnprovement or available funding source. 2. Establish a long-term financial plan that provides each reserves in order to help meet Brevard County's road improvement needs beyond the year 2011. 3. Establish a long-term financial plan that provides flexibility for Brevard County to meet its future road improvement needs. 4. Establish a long-term financial plan to supplement the costs for the maintenance of County roads, bridges, and drainage solely from users of the County's roadway system. Currently. the County's General Fund (ad valorem property taxes arc approxiniatcly 55% of the General Fund's operating revenues) provides $1.6 million for these maintenance expenditures. With the adoption of the 9th cent gas tax, an estimated $ 1.5 million of this subsidy could be reduced in FY 1999-00 and an estimated $2.1 million would be generated in FY 2000-01. Mar 22 89 10.09a BREVARD COUNTY 407 617 7208 P.4 BREVARD COUNTY, FLORIDA Public Works Department "Building Roads for the 21st Century" for Road Improvements "Building Roads for the 21st Century" provides the following 4 planning scenarios to consider: (1) Pay -As -You -Go. Assumes LOGT to 2011 and no financing for road construction improvements. (2) Current revenue structure along with financing of $60 million for road construction improvements. Assumes LOGT to 2011, $30 million LOGT financing and $30 million Constitutional financing with improvements being amortized for 10 and 25 years respectively. (3) Extension of the LOGT to 2016 along with financing of $80 million for road construction improvements. Assumes LOGT is extended to 2016, $30 million LOGT financing and $50 million Constitutional financing with improvements being amortized for 15 and 25 years, respectively. (4) Extension of the LOGT to 2021 along with financing of $120 million of road construction improvements. Assumes LOGT is extended to 2021, $60 million LOGT financing and $60 million Constitutional financing with improvements being amortized for 20 and 25 years, respectively. Scenario 1 Scenario 2 Scenario 3 Scenario 4 Pay -As -You -Go Current Revenue Extension of Extension of Structure & LOGT to 2016 LOGT to 2021 & Financing of $60 & Financing of Financing of $120 Million $80 Million Million Funding Options Cash $120.000.000 $60,000,000 $40,000,000 $0 LOGT Financing 2002 $0 $30,000,000 $30,000,000 $30,000,000 LOGT Financing 2005 $0 $0 $0 $30,000,000 Constitutional Financing 1999 $0 $30,000,000 $30,000,000 $30,000,000 Constitutional Financing 2008 $0 $0 $20,000,000 $30,000,000 Total Road Construction improvements $120,000,000 $120.000.000 $120,000,000 $120,000,000 Time to Construct $120 Million of Road Improvements 25 Years 29 Years 14 Years 11 Years Value of $120 Million Construction Planning Scenarios $85,729,924 $92,966,612 $97,960,011 $98,539,693 Average Annual Dollars Spent on Road Improvements $4,800,000 $4,137,931 $8,571,429 $10,909,091 Average Available Reserves First 25 Years $1,406,571 $5,533,269 $10,700,287 $33,162,473 Available Reserves in Fiscal Year Ending 2033 $39,590,026 $22,442,840 $12,433,751 $78,057,826 Mar 22 99 10:09 a BREVARD COUNTY 407 617 7208 p.5 BREVARD COUNTY, FLORIDA Road Construction Project Proposed Spending Plan "Building Roads for the 21st Century" Scenario 1 - Current Pay -As -You -Go Scenario Scenario 1: Pay -As -You -go. Assumes LOOT to 2011 and no financing for road construction improvements. FYE Balance Forward Bond Proceeds Road Construction Improvements Operating and Ongoing Capital Expenses Reserves 1999 ** $14,502,938 $14,313,649 $0 $0 ($22,698,456) $6,118,131 2000 $6,118,131 $10,224,966 $0 ($3,500,000) ($12,216,636) $626 461 2001 $626,461 $10,187,688 $0 ($2,500,000) ($8,247,366) ($2,922,861) $66,783 2002 $66,783 $10,362,156 $0 ($6,800,000) ($2,922,861) $706,078 2003 $704,608 $10,555,739 $0 ($7,200,000) ($2,965,319) $1,095,028 2004 $1,093,692 $11,007,056 $0 ($8,200,000) ($3,008,626) $892,122 2005 $886,890 $11,207,621 $0 ($7,900,000) ($3,052,798) $1,141,713 2006 $1,138 714 $11,442.794 $0 ($8,400,000) ($3,097,854) $1,083,654 2007 $1,78,552 $11,660,055 $0 ($8,800,000) ($3,143,811) $794,796 2008 $793,515 $11,878,843 $0 ($8,700,00) ($3,190,687) $781,671 2009 $779,623 $12,106,893 $0 ($8,800,000) ($3,238,500) $848,016 2010 $845,978 $12,347,112 $0 ($9,000,000) ($3,287,270) $905,820 2011 $904,306 $12,591,746 $0 ($9.200,000) ($3,337,015) 5905,820 $959,037 2012 $958,465 $5,313,384 $0 ($2,000,000) ($3,151,598) 2013 $1,117,939 $5,388,998 $0 ($2,000,000) ($3,198,631) 2014 $1,306,097 $5,505,748 $0 ($2,000,000) ($3.246,603) 2015 $1,563,094 $5,627,243 $0 ($2,000,000) ($3,295,535) 2016 $1,892,715 $5,754,559 $0 ($3,000,000) ($3,345,445) 2017 $1,299,800 $5,837,963 $0 ($2,500,000) ($3,396,354) 2018 $1,239,437 $5,950,253 $0 ($2,500,000) ($3,448,281) 2019 $1,239,492 $6,067,871 $0 ($2,500,000) ($3,501,247) 2020 $1,304,253 $6,191,073 $0 ($2,500,000) ($3,555,272) 2021 $1,438,243 $6,320,135 $0 ($2,500,000) ($3,610,376) 2022 $1,646,242 $6,455,344 $0 ($2,500,000) ($3,666,584) 2023 $1,933,291 $6,597,000 $0 ($3,000,000) ($3,723,916) 2024 $1,804,712 $6,720,420 $0 ($2,000,000) ($3,782,395) 2025 $2,741,121 $6,899,686 $0 $0 ($3,842,043) 2026 $5,797,193 $7,187,581 $0 $0 ($3,902,883) 2027 $9,080,364 $7,489,533 $0 $0 ($3 964,940) 2028 $12,603,473 $7,806,236 $0 $0 ($4,078,239) 2029 $16,380,027 $8,138,421 $0 $0 ($4,092,804) } 2030 $20,424,242 $8,486,855 $0 $0 ($4,158,660) 2031 $24.751.074 $8,852,334 $0 $0 ($4,225,833) 2032 $29,376,260 $9,235,732 $0 $0 ($4,294,349) 2033 $34,316,355 $9.637.907 $0 $0 ($4,364,236) $301.350.603 $0 ($120.000.000 ($156.203.423) ** Includes a $2,100,000 transfer from a road construction projects and $2,300,000 from impact fees. Scenario 1: Pay -As -You -go. Assumes LOGT to 2011 and no financing for road construction improvements. Prepared by: GOVERNMENT FINANCIAL ADVISORS INC. Mar 22 99 10:09a BREVARD COUNTY 407 617 7208 p.6 BREVARD COUNTY, FLORIDA Road Construction Project Proposed Spending Plan "Building Roads for the 21st Century" Scenario 2 - Current Revenue Structure and Financing of $60 Million FYE Balance Forward Revenues Bond Proceeds Road Construction Improvements Operatiing and Ongoing Capital Expenses Reserves 1999 ** $14,502,938 $14,313,649 $30,000,000 ($5,000,000) ($23,015,282) $30,801,305 2000 $30,801,305 $11,397,417 $0 ($10,000,000) ($13,642,114) $18,556,608 2001 $18,556,608 $11,030,369 $0 ($10,000,000) ($9,672,644) $9,923,333 2002 $9,923,333 $10,830,342 $30,000,000 ($10,000,000) ($6.615,820) $34,137,855 2003 $32,834,627 $17,660,632 $10,907,079 $0 ($17,000,000) ($8,329,817) $18,411,889 2004 $17,660,632 $11,651,655 $0 ($11,500,000) ($8,370,687) $9,441,601 2005 $9,184,130 $11,687,420 $0 ($7,100,000) ($814,536) $5,357,014 2006 $5,355,825 $11,757,809 $0 ($2,600,000) ($8,455,750) $6,057,885 2007 $6,055,976 $11,911,226 $0 ($2,100,00) ($8,503,882) $7,363,321 2008 $7,361,762 $12,205,695 $0 ($9,200,000) ($8,548,057 $1,819,400 2009 $1,818,695 $12,160,235 $0 ($5,250,000) ($8,594,760) $134,170 2010 $132,483 S12,311,225 $0 ($3,300,000) ($8,646,370) $497,338 2011 $492,837 $12,568,192 $0 ($4,200,000) ($8,696,915) $164,114 2012 $162,432 $5,273,805 ($0 ($760,000) ($4,579,448) 2013 $96,359 $5,340,181 $0 ($350,000) ($4,626,521) 2014 $459,575 $5,464,294 $0 ($1,230,000) ($4,672,128) 2015 $21,310 $5,551,030 $0 ($800,000) ($4,721,220) 2016 $50,701 $5,663,309 $0 ($900,000) ($4,773,500) 2017 $40,103 $5,775,805 $0 ($900,000) ($4,824,117) 2018 $91,395 $5,893,656 $0 ($1,080,000) ($4,878,044) 2019 $26,622 $6,008,009 $0 ($100,000) ($4,930,005) 2020 $104,252 $6,131,833 $0 ($1.200,000) ($4,980.500) 2021 $55,221 $6,251,723 $0 ($1,200,000) ($5,038,994) 2022 $67,597 $6,377,129 $0 ($1,300,000) ($5,095,532) 2023 $48,851 $6,503.476 $0 ($1,300,000) ($5,150,134) 2024 $101,859 $6,635,956 $0 ($1,500,000) ($5,207,178) 2025 $30,312 $6,764,804 $0 ($2,940,000) ($3,842,043); 2026 $12,758 $6,899,000 $0 ($3,000,000) ($3,902,883) 2027 $8,568 $7,036,565 $0 ($3,070,000) ($3,964,940) 2028 $9,895 $7,177,162 $0 ($220,000) ($4,028,239) 2029 $2,938,528 $7,466,933 $0 $0 ($4,092,804) 2030 $6,312,375 $7,781 833 $0 $0 ($4,158,660) 2031 $9,935,274 $8,112,109 $0 $0 ($4,225,833) 2032 $13,821.284 $8,458,524 $0 $0 ($4,294,349) 2033 $17,985,201 $8,821,975 $0 $0 ($4,364,236) $300.130.324 ($120.000.000) ($229.857.941) ** Includes a $2,100,000 transfer from a road construction projects and $2,300,000 from impact fees. Current revenue structure along with financing of $60 million for road construction improvements. Assumes LOGT to 2011, 30 million LOGT financing and $30 million Constitutional financing with improvements being amortized for 10 to 25 years, respectively. GOVERNMENT FINANCIAL ADVISORS, INc. Mar 22 99 10:09a BREVARD COUNTY 407 617 7208 P. 7 BREVARD COUNTY, FLORIDA Road Construction Project Proposed Spending Plan "Building Roads for the 21st Century" Scenario 3 - LOGT Extension to 2016 and Financing of $80 Million FYE Balance Forward Revenues Bond Proceeds Road Construction Improvements Operating and Ongoing Capital Expenses Reserves 1999 ** $14,302,938 $14,313,649 $30,000,000 ($5,000,000) ($23,173,008) $30,643,579 2000 $30,643,579 $11,309,925 $0 ($10,000,000) ($14,355,291) 2001 $17,678,213 $10,997,646 $0 ($10,000,000) ($10,383,141) $17,678,213 2002 $8,292,718 $10,752.887 $30,000,000 ($10,000,000 ($6,829,860) $32,215,745 2003 $30,887,873 $10,792,366 $0 ($12,500,000) ($8,001,377) $21,178,863 2004 $20,352,381 $11,724,789 $0 ($12,500,000) ($8,045,246) $11,531,924 2005 $11,150,817 $11,698,849 $0 ($10,500,000) ($8,084,131) $4,265,536 2006 $4,213,460 $11,702,561 $0 ($5,100,000) ($8,132,869) $2,683,152 2007 $2,678,668 $11,760,580 $0 ($3,700,000) ($8,175,691) $2,563,557 2008 $2,561,626 $11,966,380 $20,000,000 ($8,500,000) ($8,838,310) $17,189,696 2009 $17,176,953 $12,916,863 $0 ($11,000,000) ($9,321,910) $9,771,900 2010 $9,769,542 $12,797,323 $0 ($10,500,000) ($9,371,035) $2,695,830 2011 $2,673,553 $12,660,616 $0 ($5,900,000) ($9,422,400) $11,769 2012 $11,359 $143,502 $12,802,330 $23,046,609 $0 ($3,200,000) ($9,465,316) $148,573 2013 $143,502 $13,046,609 $0 ($1,600,000) ($9,524,522) $2,065,589 2014 $1,987,425 $13,326,707 $0 $0 ($9,573,582) $5,240,550 2015 $5,552,706 $13,691,277 $0 $0 ($9,627,188) $9,616,795 2016 $9,318,329 $14,084,871 $0 $0 ($9,684,295) $13,718,905 2017 $13,308,171 $6,215,052 $0 $0 ($6,580,144) $12,943,079 2018 $12,544,591 $6,313,543 $0 $0 ($6,635,321) $12,222,813 2019 $11,835,470 $6,401,025 $0 $0 ($6,687,032) $11,549,465 2020 $11,173,969 $6,493 379 $0 $0 ($6,741,015) $19,925,331 2021 $10,559,385 $6,590,416 $0 $0 ($6,796,204) $10,353,592 2022 $9,997,898 $6,692,354 $0 $0 ($6,853,162) $9,837,091 2023 $9,491,355 $6,799,388 $6,911,737 $0 $0 ($6,911,654) $9,319,089 2024 $$9,043,037 $6,911,737 ($6,970,480) $8,984,294 2025 $8,657,654 $7,029,691 $0 $0 ($6,725,326) $8,962,020 2026 $8,644,529 $7,168,772 $0 $0 ($6,786,663) $9,026,638 2027 $8,718,040 $7,314,754 $0 $0 ($6,849,325) $9,183,469 2028 $8,883,514 $7,467,964 $0 $0 ($6,913,079) $9,438,399 2029 $9,146,846 $7,628,753 $0 $0 ($6,972,692) $9,802,907 2030 $9,519,520 $7,797,755 $0 $0 ($7,043,188) $10,274,088 2031 $9,998,638 $7,974,888 $0 $0 ($7,108,821) 2032 $10,596,970 $8,160,851 $0 $0 ($7,174,617) $11,583,205 2033 $11,322,969 $8,356,128 $0 $0 ($7,245,346) $12,433,951 $343.742. \678 $80.000.000 ($120.000.000) ($297.003.234) ** Includes a $2,100,000 transfer from a road construction projects and $2,300 impact fees. Extension of the LOGT to 2016 along with financing of $80 million for road construction improvements. Assumes LOGT is extended to 2016, $30 million LOGT financing and $50 million Constitutional financing with improvements being amortized for 15 to 25 years, respectively. Prepared by: GOVERNMENT FINANCIAL ADVISORS, INC. Mar 22 99 10:10a BREVARD COUNTY 407 617 7208 p.8 BREVARD COUNTY, FLORIDA Road Construction Project Proposed Spending Plan "Building Roads for the 21st Century" Scenario 4 - LOGT Extension to 2021 and Financing of $120 Million FYE Balance Forward Revenues Bond Proceeds Road Construction Improvements Operating and Ongoing Capital Expenses Reserves 1999** $14,502,938 $14,313,649 $30,000,000 ($5,000,000) ($23,173,008) $30,643,579 2000 $30,643,579 $11,389,925 $0 ($10,000,000) ($14,355,291) $17,678,213 2001 $17,678,213 $10,997,646 $0 ($10,000,000) ($10,383,141) $8,292,718 2002 $8,292,718 $10,752,887 $10,792,366 $30,000,000 ($10,000 000) {$6,613,987) $32,431,618 2003 $31,092,952 $10,792,366 $0 ($10.000,000) ($7,523,757) $24,361,562 2004 $23,500,945 $11,854,173 $0 ($10,000,000) ($7,568,439) $17,786,680 2005 $17,349,084 $11,968,961 $30,000,000 ($10,000,000) ($9,315,836) $40,002,210 2006 $38,557,363 $12,119,565 $0 ($10,000,000) ($10,365,544) $30,311,384 2007 $29,464,254 $12,864,984 $0 ($8,000,000) ($10,410,624) $23,918,615 2008 $23,514,635 $12,974,304 $30,000,000 ($14,600,000) ($11,685,123) $40,203,816 2009 $40,028,528 $14,068,306 $0 ($11,000,000) ($12,184,255) $30,912,579 2010 $ 30,809,092 $13,819,248 $0 ($11,400,000) ($12,234,465) $20,993,875 2011 $20,958,784 $13,603,773 $0 $0 ($12,289,250) $22,273,307 2012 $22,250,204 $13,897,917 $0 $0 ($12,337,616) XXXXX 2013 $23,795,457 $14,228,756 $0 $0 ($12,388,982 XXXX 2014 $25,623,306 $14,575 561 $0 $0 ($12,442,282) 2015 $27,743,180 $14,939,617 $0 $0 ($12,496,408) 2016 43,180 $30,166,638 $15,321,221 $0 $0 ($12,550,205) 2017 $32,906,669 $15.721,206 $0 $0 ($12,550,205); XXXXXX 2018 $35,975,881 $16,140,578 $0 $0 ($12,660,307) XXXXXXX 2019 $39,388,831 $16,580,022 $0 $0 ($12,724,632) XXXX 2020 $43,151,946 $17,040,256 $0 $0 ($12,779,719) 2021 $47,290,425 $51,814,379 $17,522,022 $0 $0 ($12,842,072) XXXX 2023 $53,081,490 $9,076,708 $0 $0 ($7,490,679) XXXX 2024 $54,463,440 $9,278,406 $0 $0 ($7,606,345) XXXX 2025 $55,991,065 $9,489,319 $0 $0 ($7,661,771) XXXX 2026 $57,678,223 $9,710,810 $0 $0 ($7,727,466) XXXX 2027 $59,525,108 $9,942,930 $0 $0 ($7,787,683) XXXX 2028 $61,547,719 $10,186,536 $0 $0 ($7,852,447) XXXX 2029 $63,752,886 $10,442,026 $0 $0 ($7,916,267) XXXX 2030 $66,153,335 $10,710,094 $0 $0 ($7,978,910) XXXX 2031 $68,762,718 $10,991,480 $0 $0 ($8,045,146) 2032 $71,590,663 $11,286,728 $0 $0 ($8,114,484) XXXX 2033 $74,647,834 $11,596,430 $0 $0 ($8,186,439) XXXX $344.752.662 $120.000.000 ($120.000.000) ($296.573.294) ** Includes a $2,100,000 transfer from a road construction projects and $2,300,000 from impact fees. Extension of the LOGT to 2021 along with financing of $120 million of road construction improvements. Assumes LOGT is extended to 2021, $60 million LOGT financing and $60 million Constitutional financing with improvements being amortized for 20 and 25 years, respectively. Prepared by: GOVERNMENT FINANCIAL ADVISORS. INC. Mar 22 98 10:11a HREYRRD COUNTY 407 617 7208 r O S Cb i° N N s N O O S S 8 N O S O N O o 4 N O v b N O o a N q 0 N o tp N g 0 3 h N S v N O O o N O N r N O g N O O b O r N pO O m r°pi pO O N IO pO O N pO d e h 00 o t0 N O p O S r h M o V q O .. O g O N N 00 N N 0 O N N ►r N $ G h N o pQy O O N N O eO M N S O IA N O ado N N S cO N qO o 8p S N 1pp N N 0 S N o S pj N pO R N pe O ' N G8 O N o S N N S S h N S o b N U V 2 Qw A c »o V S e O o w C O " N o O N O p O O o N O 1C O O O o O o O w O aM NWN O ~ OOr eOa+Dr 4* OANs- oO NS nq0Op w ` O SO OO ggissN O O O O O O O O S S O O O O QQ V O O O O O O OO tl O O oO O Op o S O IcSIS F!10 a eta = _v a v v ♦ v yyy • d s • . w'i e ♦ a . 1•) v" N . N . N b . a I a y e Y Ta . O C.e 0. s a N ( t OC Y 2 . v . m Y 'Sir m • L e b 'c e C V. p O V C Y K p ! 93 1p V _ C u c • » r • i G O e A M • M Q a C O C o C v p n d sqJ of II R e in > : o G V Rail Mar .22 99 10:12a BREVARD COUNTY 407 617 7208 p.10 Proposed Transporation Projects-Revised (Contintued) Page 2 of 3 Comm. Project Project Proposed Distance Engineering Right-of-way Contruction Total District Description Limits Improvements Per Mile Cost Cost Cost Cost 1*** Kings Highway Grissom Road to US1 4 Lane Urban-sidewalks 1.8 $960,000 $3,600,000 $6,850,000 $10,400,000 1 *** Falcon at Grissom X Intersection Improvements X $60,000 $0 $600,000 $660,000 1 *** Curtis at Grissom X Intersection Improvements X $76,000 X $760,000 $825,000 1 *** Camp at Grissom X Intersection Improvements X $100,000 X $1,000,000 $1,100,000 1 *** Connector Road Grissom Road to US 1 at New Cons. Rd. 2 Lane Rural-sidewalks 2.6 $2,400,000 $3,700,000 $8,200,000 $14,300,000 [ Our District] 2 *** Cox Road/Grissom Rd. Connector Road 2 Lane Rural-sidewalks 0.43 $600,000 $4,900,000 $3,330,000 $8,830,000 [Our District] 2 Dixon Boulevard US 1 to Clearlake Road Reconstruction 1 $760,000 $750,000 $4,500,000 $6,000,000 [Our District] 2 Lucas Road N. Courtenay to N. Tropical 3 Lane Urban-sidewalks 0.67 $350,000 $750,000 $1,900,000 $3,000,000 [Our District] 2 Girard Boulevard Bridge Replace X $60,000 X $176,000 $225,000 [Our District] 2 S. Tropical Trail Bridge Replace X $33,600 X $66,400 $100,000 3 Palm Bay Raod I-95 to Babcock Street 6 Lane-12.6% Match Only 2 $106,426 $574,626 $1,688,949 $2,260,000 3 Micco Road Dottle Lane to US 1 3 Lane Urban-sidewalks 1.9 $460,000 $445,000 $5,700,000 $6,696,000 3 Palm Bay Road Babcock Street to R. J. Conlan Blvd. 6 Lane 12.6% Match Only 1.49 $83,760 $162,500 $768,760 $1,016,000 3 Florida Avenue Dairy Road to Minton Road 4 Lane Urban 1.19 $620,000 $1,680,000 $4,110,000 $6,410,000 3 Eber Road Dairy Road to Minton Road 4 Lane Urban 2.05 $720,000 $3,210,000 $4,640,000 $8,670,000 3 Babcock Street Malabar Road to Valkaria Road 4 Lane Rural 3 $1,100,000 $500,000 $10,600,000 $12,206,000 3 Babcock Street Valkaria Road to C-54 Reconstruction 8 or 9? $1,200,000 $600,000 $13,600,000 $15,200,000 3 Hollywood Boulevard US 192 to Fell Road 4 Lane Urban-sidewalks 1 $400,000 $700,000 $3,800,000 $4,900,000 3 Hollywood Boulevard Fell Road to Eber Road 4 Lane Urban-sidewalks 1 $360,000 $500,000 $3,600,000 $4,460,000 3 Hollywood Boulevard Eber Road to Palm Bay Road 4 Lane Urban-sidewalks 1.3 $450,000 $400,000 $4,700,000 $6,650,000 3 Micco Road Dottle Lane to Babcock Street Reconstruction-2 Lane R 3.0 $600,000 $250,000 $5,700,000 $6,450,000 * Project Submitted by District 1 Transportation Advisory Committee ** Project Submitted by Port St. John Committee and District 1 Transporation Advisory Committee *** Project Submitted by City of Titusville and District 1 Transportation Advisory Committee **** Project Submitted by Port St. John Committee The Connector Road from the new interchange at I-95 south did not receive unanimois support Mar 22 99 10:12a BREVARD COUNTY 407 617 7208 p.12 ANNUAL LOCAL OPTION GAS TAX REVENUES DISTRIBUTION BY PERCENTAGES/DOLLARS 10th and 11th CENT JURISDICTION PERCENT SHARE ESTIMATED ANNUAL REVENUE SHARE BREVARD 49.66% $1,007,619 CAPE CANAVERAL 1.30% $26,303 COCOA 2.71% $54,976 COCOA BEACH 2.18% $44,174 INIALANTIC 0.56% $11,354 INDIAN HARBOUR BEACH 1.51% $30,606 MALABAR 0.53% $10,718 MELBOURNE 11.76% $238,708 MELBOURNE BEACH 0.53% $10,851 MELBOURNE VILLAGE 0.16% $3,260 PALM BAY 15.10% $306,304 PALM SHORES 0.06% $1,298 ROCKLEDGE 4.10% $83,263 SATELLITE BEACH 1.59% $32,306 TITUSVILLE 6.53% $132,519 WEST MELBOURNE 1.71% $34,729 TOTAL 100.00% $2,028,990 RESOLUTION NO. 99-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING EXTENSION OF THE LOCAL OPTION GASOLINE TAX AND ADDITION OF THE NINE (9), TEN (10) AND ELEVEN (11) CENT GAS TAX AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 206.41(1), 206.87(1)(b)(c), 336.021 and 336.025, Florida Statutes authorizes local governments to levy up to 12 cents of local option fuel taxes in the form of three (3) separate levies; and WHEREAS, the proceeds from said levies derived from a tax on every net gallon of motor fuel sold within the county, are generally used to fund transportation expenditures; and WHEREAS, Chapter 163 Florida Statutes requires all cities and counties to adopt and implement a Comprehensive Plan which includes a Capital Improvement Element and financial plan providing for future transportation planning and road improvements; and, WHEREAS, Brevard County and the City of Cape Canaveral have identified road and transportation improvements goals in their respective Comprehensive Plan, Capital Improvement and Transportation Elements; and WHEREAS, the cost of maintaining and funding road improvements may place an additional burden on property owners (ad valorem revenue) and the City of Cape Canaveral recognizes that Brevard County and other local governments need an additional source of revenue to meet current and future road improvement needs; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida that: Section 1. The City of Cape Canaveral acknowledges Brevard County's need for additional revenue for maintenance of transportation infrastructure to offset ad valorem taxes. Section 2. The City Council recognizes that the extension of the Local Option Fuel Tax is a fair and equitable tax because it is levied on those users who directly impact our transportation facilities. Section 3. The City Council recognizes that the extension of the Local Option Fuel Tax is a fair and equitable tax because it is levied on those users who directly impact our transportation facilities. City of Cape Canaveral Resolution No. 99-07 Page 2 Section 4. The City Council supports and recommends that the Brevard County Board of County Commissioners extend the Local Option Gas Tax for 20 years, institute a financing program for funding major transportation projects, and add the 9th, 10th and 11th cent Gas Tax to fund annual transportation -related projects. Section 5. The City Council encourages the County Commission to quickly address the issue of additional gas taxes in order to be timely for municipal budget preparation. Section 6. Copies of this resolution shall be provided to the Brevard County Commission and the Space Coast League of Cities. Section 7. This resolution shall become effective upon adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 6th day of April 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Richard Treveton Rocky Randels Sandra O. Sims, CITY CLERK Buzz Petsos APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY \\CAPE-NT\cityclerk\CityClk\Resolutions\GASTAX99. DOC Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Resolutions Item No. 10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 99-08, SUPPORTING EXTENSION AND EXPANSION OF THE PRESERVATION 2000 PROGRAM DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and comment on the extension and expansion of the Preservation 2000 Program. Summary Explanation & Background: Exhibits Attached: Resolution City Manager's Office (Signature) S Sims for BB Department LEGISLATIVE g:/admin/council/meeting/1999/04 -06-99/p-2000. doc RESOLUTION NO. 99-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, REQUESTING THE STATE OF FLORIDA TO ENACT LEGISLATION KNOWN AS "FOREVER FLORIDA", TO SUPPORT THE EXTENSION AND EXPANSION OF THE PRESERVATION 2000 PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, open space remains one of the strongest threads in the community fabric of economic development, revitalization, housing, transportation, water resources and storm water management, cultural affairs, historic and natural preservation, crime prevention, and youth and family services; and WHEREAS, in 1990, the State of Florida launched the most aggressive land conservation program in the country with Preservation 2000 (P-2000), saving almost a million acres of environmentally sensitive land and natural areas; and WHEREAS, the Preservation 2000 Program will sunset in less than two (2) years; and WHEREAS, as the State of Florida continues to grow and pressures mount for a greater balance of active and passive open space, the continuation of P-2000 is essential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, as follows: Section 1. The City Council of the City of Cape Canaveral, Florida hereby requests the Florida Legislature to enact the legislation known as "Forever Florida", which expands and provides for a successor Preservation 2000 Program allocating funds for the following: Urban Parks and Conservation Open Space and Improvements Water Resources Protection Environmentally Endangered Lands Inholdings, Acquisitions and Greenways Management of Environmentally Sensitive Land Section 2. The City Clerk is directed to provide copies of this resolution to the Brevard County Legislative Delegation, the Space Coast League of Cities, and the State of Florida Recreation and Park Association. Section 3. This Resolution shall take effect immediately upon its adoption City of Cape Canaveral Resolution No. 99-08 Page 2 PASSED AND ADOPTED this 6th day of April 1999. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS RICHARD TREVERTON ROCKY RANDELS Sandra Rozar Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Meeting Type: Regular Meeting Date: 04-06-99 AGENDA Heading Discussion Item No. 11 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSED C-2 ZONING DISTRICT REGULATIONS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council review and comment on the final draft of the C-2 zoning district regulations. Summary Explanation & Background: Attached is the final draft with changes that were made at the 03-15-99 workshop meeting. Also attached is a map depicting the C-2 districts. Please advise. Exhibits Attached: C-2 Draft Ordinance/C-2 Map City Manager's Office (Signature) S Sims for BB Department P&Z/GROWTH MGMT g:/admin council/meeting 1999/04-06-99/CO2.doc ORDINANCE NO. -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 commercial/manufacturing 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. 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. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Applicant must meet the requirements of Section 110-171; provided, however, no special exception shall be required, and the Building Official shall make the determinations set forth therein. 9. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; achools; adult and youth centers; churches; reading rooms and similar uses. 10. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 11. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 12. 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. City of Cape Canaveral Ordinance No. -99 Page 3 e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of Section 1.10-566, 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. 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. i. 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 G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. -99 Page 4 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. j. Automotive parts, new or uses, shall not be stored outside. k Vehicles are not to be dismantled or scrapped for parts. l. 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. 13. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. C. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. -99 Page 5 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. l. 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 in Article IX of this Chapter as necessary and appropriate in granting special exceptions. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. -99 Page 6 (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. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. -99 Page 7 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. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. -99 Page 8 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. 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. G:\CityClk\Ordinances\ZON ING\C2ZONE. doc City of Cape Canaveral Ordinance No. -99 Page 9 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. a. (See subsection (b) of this Section.) 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 110-466, et seq. 6:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. -99 Page 10 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. 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 day of 1999. Rocky Randels, MAYOR Sandra O. Sims, CITY CLERK APPROVED AS TO FORM Kohn Bennett, CITY ATTORNEY G:\CityClk\Ordinances\ZONING\C2ZONE. doc ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone