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HomeMy WebLinkAboutAgenda Packet 09-15-1998 City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY OF 111 Polk Avenue,Cape Canaveral Florida CAPE CANAVERAL TUESDAY September 15, 1998 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: 1. Motion to Approve: Landscaping Bid Award, RFP No. 98-10, Nick's Lawn Service 2. Motion to Approve: Outdoor Entertainment Permit, City Crime Prevention and Safety Fair, Brevard County Sheriffs Office 3. Motion to Approve: Collective Bargaining Agreement with the International Union of Operating Engineers (AFL-CIO) 4. Motion to Approve: The 1998 City of Cape Canaveral Employee Wage Plan and Job Descriptions S. Motion to Approve: Appropriation of$14,405 for Police Equipment. ORDINANCE— SECOND READING: 6. Motion to Approve: Ordinance No. 25-98, Small Scale Comprehensive Plan Amendment; Radisson AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA-S98-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. g:\eityclklag daVegular\1998\09-15-98.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX 1407) 799-3170 City Council Regular Meeting Agenda September 15, 1998 Page 2 7. Motion to Approve: Ordinance No. 26-98, Rezoning Request, R-3 to C-1; Radisson AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-1 (LOW DENSITY COMMERCIAL DISTRICT)AS DESCRIBED IN EXHIBIT"A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Motion to Approve: Ordinance No. 14-98, Relative Tree Point Values AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b),BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. 9. Motion to Approve: Ordinance No. 28-98, Wireless Telecommunication Towers and Antennas, Providing for Revisions of the Administrative Uses and Regulating Nonconforming Structures AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMNTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110-483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS,OF THE CODE OF CAPE CANAVERAL,FLORIDA,PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATING NONCONFORMING STRUCTURES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTIONS: 10. Motion to Approve: Resolution No. 98-25, Re-appointing Connie McKone and Paula Collins as Regular Members to the Board of Adjustment with terms to expire on October 1, 2001. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. G:\CityClk\AGENDA\REGLJLAR\1998\09-15-98.doe City Council Regular Meeting Agenda September 15, 1998 Page 3 11.Motion to Approve: Resolution No. 98-26, Re-appointing Harvey Renshaw, Colin Finnigan, Alden Bob Gorham and William Schmidt as Regular Members to the Recreation Board, with terms to expire on October 1, 2000. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. 12.Motion to Approve: Resolution No. 98-27, Re-appointing Dr. Tim Grady, Joanna Atwood, Rosann Gallagher and Leo Nicholas as Regular Members to the Library Board, with terms to expire on October 1, 2000. A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE 13.Motion to Approve: Resolution No. 98-28, Adopting a New Building Permit Fee Schedule A RESOLUTION RE-ESTABLISHING MINIMUM PERMIT FEES,PLAN CHECKING FEES,REINSPECTION FEES,AND FEE SCHEDULE FOR SITE PLANS AND REPLAUSUBDIVISION OF LAND FOR THE CITY OF CAPE CANAVERAL,FLORIDA; REPEALING RESOLUTION NO. 92-56;PROVIDING FOR AN EFFECTIVE DATE. 14.Motion to Approve: Resolution No. 98-29,Addendum Sheriffs Contract A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHRUFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. 15.Motion to Approve: Resolution No. 98-30, Addendum to Cape Canaveral Volunteer Fire Department Contract A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT,INC.;PROVIDING FOR AN EFFECTIVE DATE. 16. Motion to Approve: Resolution No. 98-31, Urging the Florida Public Service Commission to Maintain Area Code 407 for the Telephone Service for All of Brevard County. G:\CkyClk\AGENDA\REGULAR\1998\09-15-98.doe City Council Regular Meeting Agenda September 15, 1998 Page 4 A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUTY,FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO MAINTAIN AREA CODE 407 FOR THE TELEPHONE SERVICE FOR ALL OF BREVARD COUNTY;AND PROVIDING AN EFFECTIVE DATE. DISCUSSION: 17.Motion to Approve: Ordinance No. 29-98, Revised City of Cape Canaveral General Employee Personnel Rules and Policies AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 18. Joint Meeting with Cocoa Beach City Commission, October 7, 1998, 7p.m. REPORTS: 19. 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:\CityClk\AGENDA\REGUL.AR\1998\09-15-98.doc E'n'd Meetin T g ype: Regu]ar Meeting Date: 09-15-98 r sre- r AGENDA Cm of Heading Considerations CAPE CANAVERAL Item 1 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RFP NO. 98-10, LANDSCAPING BID AWARD DEPT./DIVISION: BEAUTIFICATION/PUBLIC WORKS Requested Action: That the City Council consider the award of RFP No. 98-10 to Nick's Lawn Service as follows: Landscaped Areas $ 71,930 Tree Trimming $ 12,105 Right-of-Way Mowing of Selected Areas $ 17,520 TOTAL $101,555 Summary Explanation& Background: The Beautification Fund has $110,000 budgeted for contract services for these bid areas. See the attached recommendation from the public works director. The current contract expires 10-31-98. Please advise. Exhibits Attached: Public Works Director's Memo of 09-09-98 City Ma er' Office ' Department BEAUTIFICATION/PUBLIC WORKS g:/a unciil/meet -15- 8/98-10.doc M E M O R A N D U M DATE: September 9, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski ,,� Public Works Director SUBJECT: Agenda Item for September 15, 1998 RFP NO. 98-10 Bid Award to Nick' s Lawn Service for Maintenance of Landscaped areas and Right of Ways On August 9, 1998 the City advertised, within the Florida Today, a Request for proposal NO. 98-10 for Maintenance of Landscape Areas and the Right of Ways. Bid packages were forwarded to sixteen ( 16) companies. On August 19, a Pre-Bid Conference was held at the City Hall Annex. This meeting was to address any questions the Bidders may have and to correct any previous errors of possible misinterpretation in the Bid Specification. Only two ( 2 ) companies attended the Pre-Bid meeting. All other Bid Holders were mailed an Addendum through the City Clerk' s Office Bids were accepted until 3:00 p.m. Wednesday, September 2, 1998 . At this time the City had received two proposals. The packages were open at a public meeting held at the City Hall Annex. As the result of the bid opening, Nick' s Lawn Service was the only Bidder that met the Bid requirements. Attached is a copy of the bid package in the amount of $140, 755 . For the Fiscal Year 98-99 the City budgeted $110, 000 . Staff reviewed the bid package and recommends awarding the Bid Area I in the amount of $71 , 930 and the Tree Trimming for the same area in the amount of $12 , 105. The total amount for Bid area I , Landscape Area, is ($71, 930 + $12, 105) $84, 035 . For Bid Area II, Staff recommends a reduction of the service areas within the Right-of Way, in meeting the proposed budget amount of $110, 000. Staff selected areas that were the most visible to the public. The following areas are recommended for Bid award in the amount of $17 ,520 : B. North Atlantic Ave. in the amount of $3, 040 C. Central Blvd. in the amount of $3,280 F. Ridgewood Ave. & Beach Ends, in the amount of $8, 320 G. AlA Maintenance in the amount of $2, 880 The total Bid award for Bid Areas I and II is ($84 ,035 + $17 , 520) $101,555. This amount is within the proposed budget. BID TAB SHEET GRAND TOTAL I'BID AREA- LANDSCAPED AREA '71 93 O II BID AREA- RIGHT OF WAYS '�, a 0 III BID AREA - TREE TRIMMING TOTAL OF AREAS I & II & I 1, � VENDOR INFORMATION: Name: NICK 'S LAWN SERVICE Address: 140 N. Tropical Trail Lot 1, Merritt Island, FL 32953 Phone: __(407) 453-6910 BID TAB SHEET I Bid Area -Landscaped Areas Unit Cost Times per Year Task Cost Total Cost A. City Hall,Annex, Library Mowing Operations — 40 Q Hedge Trimming D 21 Herbicide Application 8 SUB-TOTAL B. Recreation Complex Mowing Operations /tI�S 40 Hedge Trimming 21 Herbicide n 21 Herbicide Application D 8 (� SUB-TOTAL /D C. Xeriscape Park Mowing Operations 40 Hedge TrimmingL-a—_ 21 Herbicide Application 8 19c��. — SUB-TOTAL , C�JQ CJ C D. Washington Park Mowing Operations /D S 40 Hedge Trimming _ 21 S Herbicide Application �S 8 SUB-TOTAL E. Canaveral& Canaveral Beach Blvd Mowing Operations D 40 Hedge Trimming --/S ig 21 Q Herbicide Application �— SUB-TOTAL--f—'�— 1-3- F. E. Ridgewood, E. Central W Central Mowing OJr 1 Q Operations 40 Hedge Trimming (p D 21 Herbicide Application D D 8 SUB-TOTAL -9!p4 n G. Harbor Heights _ � Mowing Operations S O 40 1�5�n O /7 Hedge Trimming " 21 —d_0 Herbicide Application —d-_ D 8 SUB-TOTAL Unit Cost Times per Year Task Cost Total Cost H. 410 n Moving Operations �JV 40 o Hedge Trimming 21 _ 0 Herbicide Application 8 — 12— SUB-TOTAL 2SU&TOTAL I. Columbia Dr. Mowing Operations 40 Hedge Trimming 21 Herbicide Application 8 SUB-TOTAL J. Lindsey Ct Mowing Operations i 40 Hedge Trimming ✓ 21 1JJ Herbicide Application 8 SUB-TOTALsS K! Tower Blvd. Medians Mowing Operations 40 D Hedge Trimming 15—_ 21 Herbicide Application 8 �_ _ SUB-TOTAL S L. Patriot's Park Mowing Operations 40 ' yL Hedge Trimming .S 21 Herbicide Application 8 _01 SUB-TOTAL 3 M. Veterans Memorial Park C� Mowing Operations f 0S 40 z9 Hedge Trimming 115r 21 .s— Herbicide Application .,2o_ 8 SUB-TOTAL N. Canaveral Ballpark Mowing Operations Q� 40 66 D 0 Hedge Trimming .S� 21 Herbicide Application 8 SUB-TOTAL LJV BID TAB SHEET II Oki Area -Rlght of Ways Unit Cost _ Time per Year Task Cost Total Cost A. Harbor HeinfiWCoral Dr. n MowinaOoorations �v_d_— _.?d--- � ��QQ00 ((ffp.. Edging �._ O — C .. ,. SUB-TOTAL D S. N.Atlantic Ave. Mowing Operatinnii —to0 24 Edging SUS-TOTAL IV- C. Central Blvd. Mowing Oporations _�1 D _ 24 [�!-�� Edging ��0--- ---6 -- --/- 44C D 49 J) SU8-TOTAL i� Canaveral Beach Gardens Mowing Operations _L?~SC — 24 Edging fl.Y ----8.------ SUB-TOTAL E. Avon by the Sea ^ hh Mowing Operutions _d 24 _ CJJ�! /((pJ D/► Edging Sl_� _e SUB-TOTAL F. Ridgewood Aye.&Beach Ends. f Mowing Operations 24 Edging SUB-TOTAL G. A to Maintenance Mowing Operations Edging SUB-TOTAL H Canter St. Longpoint Rd.,I hursh Ln. b north city skun Mowing Operations _ry — --- _ 24 o Edging SUg_TOTAL 4NO UnM Cost _Times_ Per Task Cost Total Cost I. Manatee Park MoMing OPerations 24 D Edging SUB-TOTAL J. Oak(_ane Mowing OPerations Edging SUB-TOTAL ADO K. Tower Btvd. Mowing OPeradons 24 Edging SUB-TOTAL Note quantities are for evaluation Purposes only. Actual quantities are subject to change. PROPOSAL MAINTENANCE OF LANDSCAPED AREAS AND RIGHT OF WAYS Including Mowing, hedge trimming, edging, herbicide applications and palm trimming RFP NO. 98-10 Proposal of: Nick ' s Lawn Service (Name) 140 N. Tropical Trail Lot 1 Merritt Island FL 32953 (Address) to provide the City of Cape Canaveral with "Maintenance of Landscaped Areas and Right of Ways" The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Polk Avenue Cape Canaveral,FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to perform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. TOTAL COST: j 4 0) The undersigned also agrees as follows: 1. The contract will be effective immediately upon approval by the City Council. 2. Terms, conditions and rates proposed must be binding for 120 days from Proposal due date. Dated this 1 st day of September, 1998. Respectfully submitted, Nick ' s Lawn Service (Company or corporation name) 1_40 N. Tropical Trail Lot 1 (Street address, P.O. Box) Merritt Island, FL 32953 (City, State, Zip code) By: Own (Sign R, itle) /2,,- RFFF.RF.NCF 1,1ST Patrick Air Force Base Contract Amount: S855,300 Cit' of Cocoa Beach Contract Amount: 557,000 Holmes Regional Medical Center Melbourne. FL Contract Amount: $78,000 Landscaping 140 N. Tropical Trail, p1 Brokers of Quality Interior Merrill Island, FL 32953 & Exterior Greenery Interior and Exterior Phone 453-69101453.6911 Cypress& Pine Bark Mulch FAX 459.3409 Parking Lot Sweeping Landscape Maintenance Nick ' s Lawn Servide, Inc . has been in business at the same location for almost 17 years . During this time the company has built a reputation on quality work as noted by the awards our accounts have received from the "Building a More Beautiful Brevard" program published in the USA Today newspaper . 'Our accounts include Patrick Air Force Base , City of Cocoa Beach, Holmes Regional Medical Center , and City of Cape Canaveral Just to name a few. We invite you to drive by and see the quality work we do . Services offered by NICK ' S include landscape and irrigation drawings , irrigation , landscape installation, interior and exterior landscape maintenance , wholesale cypress mulch, commercial street and parking lot sweeping , hauling, bush hog and tractor work . So you can see , one call truly does it all ! All Crew Chief are equipped with Nextel two-way radios , this ensures constant communication with employees , Nick and the main office . Our employees present a professional image in matching shirts provided by the company. Each crew has an on-the-job crew chief . In addition, NICK ' S has a crew specifically trained in the care of ornamentals , trees and annual flowers . The addition of this. crew has proven to be very beneficial to both the company and our clients . With our professional crew on site , they can detect and treat fungus , disease or pests ' that can be very costly if not cared for immediately. We suggest meetings with the crew chief to discuss problems , praises and/or special projects . Nick ' s Lawn Service is fully licensed bonded and carries one million dollar ( $1 , 000 , 000 ) liability insurance . We hope this will give you an idea as to how our company operates and what we will do to make sure that you will have the best lawn care and parking lot sweeping possible . Remember : QUALITY ISN ' T EXPENSIVE . . . . . . . . IT ' S PRICELESS ! ADDENDUM NO 1 DATE: August 19, 1998 TO: Registered Document Holders FROM: City of Cape Canaveral Public Works Dept RE: City of Cape Canaveral Maintenance of Landscaped Areas & Right of Ways Project No 98-10 CHANGES TO BID SPECIFICATION Item #1 Page 1 I.F. Should read, the series of landscaped median strips start on Ridgewood Ave. and run west... Item #2 Page 2 I.M. Should read, grassed park areas have no irrigation and are not improved but must still be maintained as part of the mowing operation. Item #3 Page 2 Specifications for BID AREA I clarification of discarding blades with damaged or eroded "wings". Keep blades properly adjusted and sharpened at all times. Item #4 Page 4 Under OPTION should read, "always follow label directions." Item #5 Page 6 Under specifications for Areas A through K, A tractor type bush hog may be used for maintaining Tower Blvd row, Manatee Park and Oak Lane. Item # 6 Attachment C Disregard cut times, use Attachment A as a gauge for bidding purposes. Item #7 A tree count for landscaped areas is provided as Attachment To Bid Specifications—Tree Count. ATTACHMENT TO BID SPECIFICATIONS TREE COUNT LANDSCAPED AREAS PALMS DICOTYLEDON TOTAL A. City Hall, Annex & Library 38 34 72 B. Recreation Comple 18 15 33 C. Xeriscape 3 3 6 D. Washington Park 12 55 67 E. Canaveral Blvd & Canaveral Beach Blvd 98 10 108 F. Ridgewood, E. Central, W. Central, W. Central Exten. 146 7 153 G. Harbor Heights 4 2 6 H. 401 8 0 8 I. Columbia Dr 10 0 10 J. Lindsey Court 0 1 1 K. Tower Blvd Medians 32 0 32 L. Patriots Park 10 3 13 M. Veterans Memorial Park 0 0 0 N. Canaveral Ball Park 128 50 178 Grand Totals 507 180 687 5 E_!`4Vd� Meeting Type: Regular Meeting Date: 09-15-98 r- t . AGENDA cm of Heading Considerations CAPE CANAVERAL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAIMENT PERMIT FOR CITY CRIME PREVENTION AND SAFETY FAIR DEPT./DIVISION: POLICE/PUBLIC SAFETY Requested Action: That the City Council approve the outdoor entertainment permit for this event as requested by the sheriffs department. Summary Explanation& Background: This event is Scheduled for 10-17-98 from 10 a.m. to 3 p.m. and portions of Caroline Street and Rosalind Avenue will be closed during this event. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit City AU „ Office Department POLICE/PUBLIC SAFETY g:/a cil/me ing/ 98/ /fair.doc CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. Date: 08/25/98 The applicant or representative agrees to be on site at all times empowered with authority over aU aspects of the event'and empowered to act for the applicant. Name of Applicant: City of Cape canaveral & Title: Firm: Brevard County Sheriff's Office Address: 105 Polk Avenue/111 Polk Avenue Cape Canaveral, FL 32920 (city) (BCSO) Telephone: (407) 868-1230/(407) 868=1113 FAX: (407) 784-8340 Local Contact: Deputy Ernie Perry Title: Community Policing Officer Local Address(if different from above) Same Type of Event: C'i t�z rrime PrP rent-i cin and Safat-4z Fi ar Event Date(s)in Cape Canaveral: October 17, 1998 Location(s): Date(s) Time Caroline Street, Cane Canaveral October 17 1998 10.00 A M - :00 P.M. Rosalind Avenue, Cape Canaveral October 17, 1998 10?00 A M - 3:00 P.M. Attach map(s) indicating event area and designated parldng areas. ❑Traffic Control EJUse of Police/Fire Rescue Equipment 2Street Closing ❑Vehicles/Equipment on Beach COther ❑Vehicle Parking on City Property Specify: Caroline Street will be closed just east of Palms East west entrance Rosalind Avenue will be closed just north of Cape View Elementary See attached for complete details and schedule of activities. By signing this application,the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting; conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise,plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit,together with adequate evidence that the premiums are paid. Name of Insurance Co: Self-Insured Policy No: N/A Expiration Date: N/A H. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSESNTES The applicant agrees to pay the City,in advance,for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape-Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health,safety and welfare of those in attendance,as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. N/A Major.George McGee, Brevard C tunty Ehe iff's Gate Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information,please contact: City of Cape Canaveral Bennett C.Boucher, City Manager 105 Polk Avenue Cape Canaveral,FL 32920 Phone: (407) 868-1230 Fax: (407)799-3170 5 E.A�,� Meeting Type: Regular 11 Meeting Date: 09-15-98 r : AGENDA :- CITY OF Heading Considerations CAPE CANAVERAL Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS DEPT./DIVISION: HUMAN RESOURCES/ADMINISTRATION Requested Action: That the City Council consider approval of the collective bargaining agreement. Summary Explanation& Background: Attached are the sections of the agreement that are being considered for your approval, and outlined as follows: • New language that uniforms shall be worn on duty; safety shoe allowance raised from $55 to $60. • Added Martin Luther King, Jr. Day as a paid holiday. • New family medical and military leave policies as required by law. • Revised the definition of employee's immediate family. • Changed probationary period for existing employees from 6 to 3 months. • A 2.5% COLA and merit wage increase with wage plan. • Employees can receive an hourly increase for obtaining job related trade certifications. • Agreement is for 3 years and 3 articles per year. A copy of the entire agreement is available at the city clerk's office for review. Please advise. Exhibits Attached: Sections of Union Contract City Is Office > Department HUMAN RESOURCES/ADMINISTRATIVE G: 1 S98 d B 90% C 70% Satisfactory completion of courses not determined by letter grades will be reimbursed at 100%. All schooling or courses attended must be approved in advance by the City Manager and must be directly related to the employee's job with the City in order to qualify for reimbursement. In the event that an employee leaves the City's employ after less and one year after completion of the reimbursement for any courses or schooling, the employee shall reimburse the City for the actual costs on a pro rata basis. ARTICLE IX UNIFORMS 9.1 The City agrees to provide work uniforms for the employees. The employee must shall wear any uniform eF and safety equipment provided while on duty. 9.2 School Crossing Guards shall be furnished five (5) sets of uniforms and shall be responsible to clean such uniforms. The City will repair or replace such uniforms as needed. 9.3 The City will provide clean uniforms to employees of the Public Works Department (Wastewater Treatment and Street). The uniform shall consist of one (1) shirt and one (1)pair of pants for each day. Each December, the City agrees to reimburse or order one(1)pair of steel toe safety shoes, not to exceed x55.00 $60.00per pair. All probationary employees must provide their own shoes prior to the December date. 9.4 All employees who leave the employment of the City shall be responsible for the replacement cost of lost uniforms. Any employee who leaves 14 11.2 Holidays with Pay- The following, and such other days as the City Council may declare, are holidays for all full time employees of the City: New Year's Day, Martin Luther King DaX, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve, Christmas Day, and Employees Birthday. a) Regular Employees -It shall be the policy of the City o insure that all regular full time and regular part time employees enjoy the same number of holidays each year. When a holiday falls on Saturday, it shall be observed on the receding Friday. When a holiday falls on Sunday, the following Monday shall be observed as the holiday. For regular employees on a work week other than Monday through Friday, the Department Head shall designate the work day that shall be observed as a holiday. b) Holiday on Scheduled Work Day -Full-time employees who are required to work on the observed holiday shall receive holiday pay at their regular hourly rate in addition to pay for the holiday. However, employees who work on Thanksgiving Day, the day after Thanksgiving, Christmas Eve, Christmas Day and July 4a' shall receive holiday pay at 1 1/2 times their regular rate in addition to pay for the holiday. Every attempt will be made to seek volunteers to work before requiring someone to work on the observed holiday. c) Holidays During Vacation Leave- If an observed holiday falls during a full time employee's vacation leave, the vacation may be extended by one day, providing it has previously been approved by the Department Head. Part-time employees shall be paid for observed holidays which fall on 16 CITY OF CAPE CANAVERAL, FLORIDA UNPAID FAMILY AND MEDICAL LEAVE POLICY The City of Cape Canaveral, Florida("the City")Unpaid Family and Medical Leave Policy, which is in accordance with the Family and Medical Leave Act of 1993 ("FMLA"), is as follows. Eligibilily - 1. The Employee is eligible to take an unpaid leave after completion of: (a) at least 12 months employment by the City; and (b) at least 1,250 hours of service with the City during the 12 months preceding the request for leave (e.Q., more than 35 weeks of 35 hours each). When Leave Can Be Taken 2. After establishing eligibility,the Employee may take up to 12 work-weeks of unpaid leave during any 12 month period after August 5, 1993,1' for any of the following purposes: (a) to care for the Employee's newborn child, provided that leave is completed • within 12 months of the child's birth; (b) to care for a child placed with the Employee for adoption or foster care, provided that leave is completed within 12 months of that placement; 1' [An employer should select one of the three following permitted alternative provisions for determining when this twelve month period will begin and end: (1) We are utilizing a fixed 12-month period for all employees, and that 12 month period shall begin each year on [date] . (2) We will measure this 12-month period for each employee beginning with the first date leave is used by the employee. (3) We will measure this 12-month period for each employee by looking backwards from the first date leave is used by that employee.] (c) to receive treatment for a serious health condition which prevents the Employee from performing any of the essential functions of the Employee's position or requires that the Employee be absent from time to time for such treatment; or (d) to provide physical or psychological care to an immediate relative with a serious health condition. The term "immediate relative" includes: (i) any son or daughter under 18 years of age; any son or daughter 18 years old or older who is dependent upon the Employee because of his or her mental or physical disabilities; the Employee's spouse; or (iv) the Employee's parent.v 3. The term "serious health condition" as used above includes any illness, injury, impairment or physical or mental condition that involves any of the following: (a) an absence or incapacity of more than three days where there is continuing treatment by or under the supervision of a health care provider;I` Z/ The terms "son" and "daughter" as used above include biological children, adopted children, foster children, step children, children for whom you stand in place of a parent, or children for whom you are the legal guardian. The term "parent" as used above includes your biological parents or any individual who stands in the legal position of your parent. A "health care provider" must be a doctor of medicine of osteopathy, a clinical psychologist, a dentist, a podiatrist, an optometrist, a chiropractor (for manual manipulations of subluxation shown on x-ray) , a nurse practitioner or a nurse- midwife, authorized to practice where the care is provided and acting within the scope of that authorization. Christian Science practitioners may also be "health care providers". -2- (b) inpatient (i.e., overnight) care in a hospital, hospice or residential medical care facility; or (c) continuing treatment by or under the supervision of a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days. 4. Examples of serious health conditions are heart attacks, strokes, spinal injuries, back conditions requiring extensive therapy or surgery, surgical procedures involving hospitalization and long recoveries, severe nervous disorders, most cancers, severe respiratory conditions, severe arthritis, appendicitis, Alzheimer's disease, pregnancy, miscarriages and complications-and illness related to pregnancy, such as severe morning sickness, the need for prenatal care, child birth and recovery from child birth. 5. The Employee may elect, or the City may require of the Employee, to substitute for the unpaid leave provided by this policy some or all of accumulated paid vacation time, paid personal leave time, paid medical or disability leave, paid sick leave, or paid family leave time. (Paid sick leave,however, will only be substituted for unpaid leave for a serious health condition of the Employee or of a member of the Employee's immediate family.) The City will advise the Employee prior to the conclusion of the unpaid leave whether the Employee will be required to make a substitution of paid leave for unpaid leave. 6. Unless the unpaid leave is because of the Employee's own serious illness or because -the Employee must care for a sick spouse or a sick child, the 12 work-weeks of unpaid leave -3- permitted during any 12 month period must be split between the Employee and the Employee's spouse if both are employed by the City. Intermittent Or Reduced-schedule Leaves 7. Subject to the conditions otherwise discussed in this policy, the Employee will have the option to take an intermittent or reduced-schedule unpaid leave if the serious health condition of the Employee, or the Employee's immediate family member, is best accommodated through such intermittent or reduced-schedule unpaid leave. 8. The Employee must attempt to schedule any such intermittent or reduced-schedule leave so as not to disrupt the City's operations. 9. During any such intermittent or reduced-schedule unpaid leave, only the time the Employee is actually off work will count toward the Employee's 12 work-weeks of aggregate unpaid leave for any 12 month period. For example,if the Employee normally works a schedule of 30 hours per week and had to reduce that to 20 hours per week, the Employee would use up one-third of a week of FNMA leave time for each week of reduced-schedule. 10. When appropriate, the City will also consider allowing an intermittent or reduced- schedule unpaid leave for circumstances other than those described in paragraph 7 above. 11. The City may temporarily transfer the Employee to an alternative position for which the Employee is qualified to better accommodate such intermittent or reduced-schedule leave. In this event, the Employee will continue to receive equivalent pay and benefits although the duties may not be equivalent. -4- Certifications 12. The Employee must furnish to the City within 15 days of any leave related to a serious health condition the following certifications, using the attached form. (If necessary, the Employee may request additional time from the City.) (a) The certification from the relevant health care provider must state the date on which the serious health condition started, the expected duration of the condition, and the appropriate medical facts within the knowledge of the health care provider relating to the condition. (b) The certification must include the following information if the leave involves care of a serious health condition of an immediate relative of the Employee: (i) that the patient requires assistance for basic medical, hygiene, nutritional needs, safety or transportation or that the Employee's presence would be desirable for the care of the relative; (ii) the kind of care the Employee will provide; an estimate of time needed to provide that care; and (iv) whether leave will be an intermittent or reduced-schedule leave, the medical necessity of the leave, the dates on which treatment will be given or during which rest or rehabilitation is medically necessary, and the expected duration and schedule of the treatment, rest or rehabilitation. (c) If the leave involves a serious condition of the Employee, the certification must include the following information: -5- (i) that due to such condition the Employee is unable to perform work of any kind or the Employee is unable to perform the essential functions of the Employee's job; and the medical necessity of the leave and the expected duration and schedule of the treatment, rest or rehabilitation, if the leave is an intermittent or reduced-schedule leave. 13. If the City does not timely receive the required certification, it may deny the commencement or continuation of the Employee's leave. 14. The City has the right, after receiving the certification from the Employee, to seek a second opinion (at the City's expense) from a health care provider not regularly employed or utilized by the City. In the event the second opinion conflicts with the Employee's certification, the City reserves the right to seek a third opinion, again at the its expense, from a mutually-agreeable health care provider. This third opinion shall be binding on both the Employee and the City. 15. The City may require subsequent recertification, ordinarily not more often than every thirty days,when there is a reasonable basis for doing so. It may seek recertification more often than every thirty%days if. (a) the Employee requests an extension of the leave; (b) there is a change in the circumstances of the illness or injury; or (c) the City receives information that casts doubt upon the continuing validity of the most recent certification. 16. If the leave is taken for the Employee's own serious health condition, prior to the returning to work the Employee must provide a certification from the treating health care provider -6- that the Employee can resume work with reasonable accommodation by the City.Y The City will remind the Employee of the need for this return-to-work certification at the time leave is requested or when advised of the medical circumstances requiring the Ieave. Notice to The City 17. If the need for FNMA leave is foreseeable, the Employee must give the City at least 30 days' advanced notice before starting the leave. Failure to give the City this 30 day notice could result in a deferral of the commencement of the Employee's leave. If the need for an unpaid leave is-snot foreseeable, the Employee must give the City as much advanced notice as practicable ordinarily within two business days of the Employee's learning of the need for the leave. 18. Leave for foreseeable, serious health conditions of the Employee or of an immediate family member must be scheduled(subject to the approval of the appropriate health care providers so as not to unduly disrupt the City's operations. Return to Work 19. While on FMLA leave, the Employee may be required to periodically report to the City regarding the Employee's status and the intention to return to work. 20. • After the FMLA leave is over, the Employee will be returned either to the position the Employee occupied previously at the prior level of compensation (plus any unconditionala PY increases which may have occurred during the Employee's leave) or to an equivalent position. Any. equivalent position will have the same pay, benefits and other working conditions, substantially similar duties and responsibilities, and substantially equivalent skill, effort, responsibility and An employer may include this provision (e.g. for all absences of a certain duration) on)1y if it is applied in a uniform fashion -7- authority as the Employee's prior position. ,Upon returning from leave, the Employee will I work either at the same worksite as before the leave or at a geographically proximate worksite. 21. Job restoration rights described in paragraph 20 may not be extended to the Employee if one of the following conditions exist: (a) the Employee is a "key" employee for FNMA purposes as explained in Paragraph 22 below; or (b) there has been an intervening layoffin which the Employee would have been laid off had the Employee not been on leave. 22• The Employee is a "key" employee for FNMA purposes if, based on year-to-date earnings as of the date leave is requested, the Employee's salary is in the highest 10 percent of the City's employees within a 75 mile radius. If the Employee is a "key" emploee and Y if, as soon as practicable after the Employee requests leave, the City advises the Employee in writin returnin P g that g the Employee to the prior Position or an equivalent position would cause the City's operations substantial and � grievous economic injury(supported with the reasons for that conclusion), the Employee will then have the option of either returning to work in the shortest reasonable time following chat notice or forfeiting the right to return after the leave is over. If the Employee p oyee does not return to work in response to such a notice, the Employee may request reinstatement at the end of the FNMA leave.1 The City will notify the Employee in writing of the denial of restoration if it is believed that substantial and grievous injury will result from the Employee's reinstatement. The written notices discussed in this paragraph either will be delivered to the Employee inerson P or will -be sent to the Employee by certified mail. _ -8- How the Leave Affects The Em lovee's Benefits 23. While the Employee is on FNMA leave, the Employee will not lose any health benefits or previously accrued benefits or seniority. However, the Employee will not accrue any further benefits or seniority during the period of the leave. 24. While the Employee is on FNMA leave and before the expiration of a 30 day grace period, the Employee will be required to continue paying the Employee's share of the health insurance premiums. The Employee should advise the City if special arrangements are needed to enable the Employee to continue paying the insurance premiums during FNMA leave. 25. If the Employee chooses not to retain health insurance coverage during an FNMA leave, upon returning to work, the Employee will be entitled to be reinstated on the same basis as enjoyed prior to taking the leave without any qualifying period, physical examination, or exclusion or preexisting conditions. 26. If an annual vesting-date under a benefit plan occurs while the Employee is on FNMA leave, the Employee will be treated as vesting upon returning to work. Further, the Employee will not be considered as having had a break in service under the City's employee benefits plan following FMLA leaves. 27. If the Employee does not return to work within 30 calendar days ager expiration of the FMLA leave or does not stay at work for at least 30 calendar days after returning,the Employee will be asked to repay the health care premiums paid by the City during the Employee's leave. However, the Employee will be excused from this obligation to repay premiums if- (a) f(a) the Employee cannot return to work because of circumstances beyond the Employee's control (e.g if the Employee is laid off while on FNMA leave; -9- if the Employee's spouse is unexpectedly transferred more than 75 miles from the Employee's worksite); (b) the Employee is a"key"employee who did not return to work after receiving the notice described in paragraph 22 above; or (c) the Employee is unable to return to work because the Employee still cannot perform the functions of the job due to the serious health condition of the Employee or of an immediate family member. If this is the reason the Employee cannot perform the functions of the job, the Employee must provide to the City within 30 days of the expiration of the leave written f confirmation by the appropriate health care provider as of the date the k Employee's leave expires. . i 28. Written conformation to the City that the Employee is not returning to work (other than as a"key" employee underara o p graph 22 above) will constitute a triggeringevent entitling the Employee to the insurance continuation rights provided under COBRA. ORL95 90751.1.JFW -10- 11.5 Funeral Leave - All full time employees may be granted, upon approval of the Department Head, time off with pay not to exceed three (3) days, in the event of a death in the employee's immediate family. Two (2) additional days till be granted, when the employee has to travel outside of the State of Florida to attend a funeral of a member of his/her immediate family. a) The employee's immediate family is defined as the spouse-a � ehildr-en of the employee, nd methe ,fifth z, brother-, sister The employee's spouse, parent, child sibling,• the employee's spouse' parent, child, sibling; the employee's child's spouse,• employee and employee's spouse' grandparents or grandchildren b) Funeral leave shall not be charged to vacation, holiday leave, or sick leave. c) Within thirty(3) days of using Funeral Leave, the employee shall furnish proof of death to the Department Head. Military Leave -Military duty means training and seFviee peffer-med by a armed fer-ces of the United States and time spent in r-epeffing fef an returning from sueh t� if a r-ejee4ien eeeurs, A.,...,, the_ laee ..c_ _.s:_� for serviee. T� 1 d t'. duty F t ' the ,] F f the criir:-rcccrc�-a:*cry�QacTio�rirn�crvraczarcn�—urrrccazvrvc�vrcrn 22 a) Eligibility Ani,n ent a n1eyee who has e 1 * d the LLQ i..,,biviiiL� Any Yvariivaivaas vli military duty shall be plaeed en militar-y leave witheut pay, sueh lea-,�,e to ex4end t.fouglK date ninety (90) days after-his release f Mifitar-y induefien physieal leave is leave without exeept the Cit 7 Manager- may approve 1euya •t1rt nota een E. pleyeen n e required tV uVtf,their-Department Head n r to leaving ter e "ert f r r1'v.VKa Failure tV nVt1J tlGsup{TYtsef-fsObe ea�e�slniITRTP tl.e b) Military ReserveTraining er-Energency Nafienal Guard cease-A lnefnber of any reserve eempenent of the United States e the State Fier-ida will be allewed leave of absenee for-required training ef:duty during n e nlend„r, T the t that+1, t' F 1, t f ^^----a --''-'-1 ----- -------_.._ �'�.... --- �--� �--.�... ....... ...� Laa,.� .�� �L.�.a L,LLiaiiii5 i� eptie l,l the time shall be designated t the d' t'eft rthe-City Manage . 11.6 Military Leave A military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services in accordance with the Uniformed Services employment and Reemployment Rights Act (USEEM. Advance notice of military service is required unless military necessity prevents such notice or it is otherwise impossible or unreasonable. 23 Employees will continue to receive full pay while on leave for 30 day training assignments and shorter absences The portion of any military leaves of absence in excess of 30 days will be unpaid However, employees may use any available paid time off for the absence. Vacation, sick leave, and holiday benefits will continue to accrue during a military leave of absence. Employees on military leave for up to 30 days are required to return to work for the first regularly scheduled shift after then end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA They will be treated as though they were continuously employed for purposes of determining benefits based on length of service Contact the Human Resources Director for more information or questions about military leave. 11.7 Civil Leave -Employees attending court or administrative hearings as a witness on behalf of the City or for jury duty during their normal working hours shall 24 DISCHARGE AND DISCIPLINE 12.1 No regular employee shall be removed, discharged, reduced in rank or pay, suspended or otherwise disciplined except for just cause, and in no event until he or she shall have been furnished with a written statement of the charges and the reason for such action, within four(4)working days of the alleged incident. ARTICLE XIII PROMOTIONAL VACANCIES 13.2 Notice of promotional vacancy in any existing positions within bargaining unit positions of the City of Cape Canaveral shall be posted for a period of three (3) working days on all City bulletin boards which shall be called closed promotion and promotions in general if qualified. On the fourth day, all vacant budgeted positions are available to the general public for consideration. Any employee who has completed his/her probationary period and is interested in filling the vacancy, shall apply in writing to the City Personnel Director. 13.2 The vacancy will be filled on the basis of qualifications. Where qualifications are equal, performance evaluations and seniority will be the deciding factors. The employees shall be ranked in order of final finish with an acceptable ranking procedure. The list shall be posted on the bulletin board for one (1)week or five (5) working days. e4� 13.3 The probationary period for a current full-time or part-time employee promoted to a new position will be ninety (90) days ARTICLE XIV 28 15.9 The bargaining unit recognizes the management right of the City to install devices for recording work time of employees in the unit. 15.10 Employees must be ready to work at the shift starting time. There will be a clean- up time of fifteen (15) minutes at the end of the shift for clean-up. ARTICLE XVI WAGES 16.1 Employees' wages shall be determined as set forth in the Pay and Classification Plan attached to this agreement as Exhibit One. Effective October 1, 1998, the employee will receive a 24%2.5% increase for their classification as a cost of living adjustment(COLA); and an additional 2.5% increase for their classification as a merit adjustment. Exhibit One shall be amended such that the bottom and top of each grade's salary range will be adjusted equal to the COLA and the Merit Adjustment. Employees will be paid bi-weekly. 16.2 Wages will be open fer-negetiatien fer-the fiseal year-beginning Oetebef 1, 1998, moo.-June 1 1998. 16.3 An employee of the Wastewater Treatment Plant that obtains FDEP certification as a Class A, B, or C Wastewater Operator during his/her current employment with the City shall receive a fifty ($.50) cents per hour increase. An employee covered under this Agreement that obtains a Journeyman's or a Master's license in the Plumbing ^"aV^r-Eleet ' ' a job-related trade(s) as approved by the department head during his/her current employment with the City 31 property belonging to other persons shall be placed in these individually assigned lockers. 18.3 The parties agree that all lockers are City property and subject to checking and inspection without prior notice. Any locks installed shall be upon approval of the Department Head. ARTICLE XIX HEALTH INSURANCE 19.1 Parties agree that the City should provide Group Health Insurance coverage to bargaining unit employees at no cost to the employee. The City shall also provide, at the employees' cost, Group Health Insurance for their spouse and other eligible dependents residing in the household. 19.2 Within (6) monthsAgreement after the e«tn of this b +t, U a ♦Y 1L1111I JI the City, the City shall form un 7«J„ru«VV Review Committee f t, pur-peseF ;«.. « Sntn re a .ed result of the City's sol; it t' for-b.°.a t„ .v♦aV•♦lll� Y/i V�JV V441V 1VVV1Y V4 CLJ K 1VJLl1L VL pf:evide group health and dental insur-anee eever-age fbr-employees and employees' dependents. The Committee shall eensist eft.a (2)member-9 eteeted by the bargLLIllllig unit empleyees, ..two (2) « bafgn:«:« unit a «leyeen, thete PersennelDireete d City Treastiref. The Ee tittee's pur-pese shall be review 1I cLn" to nbt : e proposals, survey employees as tenbenefite«tab a 4v a levels, A re .ln submit t « ntions and suggestions to the City Manager-f r ouv „b mttnt to the City oo e C ;t. Final approvalb. of any ehange ;« benefits will bye 34 shall not be construed to in any way restrict parties from commencing negotiations under the applicable law on any succeeding Agreement to take effect upon termination of this Agreement. ARTICLE XXII DURATION 22.1 The duration of this Agreement shall be for a period of three (3)years provided that the Union shall have the ability to open negotiations on no more than three (3) articles annually. Should the Union wish to open negotiations on three (3) specific articles on any given year, it shall notify the City at least ninety(90) days prior to September 30th of each year of the Agreement's duration. 36 This Agreement shall be effective October 1, 1998, and shall remain in force until expiration date of September 30, 2001. CITY OF CAPE CANAVERAL,FLORIDA LOCAL 673 INTERNATIONAL UNION OF OPERATING ENGINEERS (AFL-CIO) BY: BY: Rocky Randels, MAYOR T. Ed Woodham, Agent Bennett Boucher, CITY MANAGER Bargaining Unit Representative Attest: Sandra O. Sims, CITY CLERK/PERSONNEL DIRECTOR Signed this_day of September 1998 by the City. Signed this_day of September 1998 by the Union. 37 Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Considerations Item 4 No. With the 5 % being added to the bottom of each wage bracket, (3) recreation employees and the city treasurer AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REVISED EMPLOYEE WAGE PLAN AND JOB DESCRIPTIONS DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council consider approval of the proposed wage plan and job descriptions for non-union employees. Summary Explanation & Background: Please refer to the blue binder previously given to the City Council for the job descriptions. The City Council at the last budget workshop wanted the 5% wage increase to apply to the new wage brackets effective 10-01-98. With the 5 % being added to the bottom of each wage bracket, (3) recreation employees and the city treasurer will be increased to meet the new minimum of their respective wage bracket. Staff recommends approval. Exhibits Attached: General Employee Wage Plan; Salary Survey Results City is Office �� Department ADMINISTRATIVE tmn/council/meeting =15-98/wage.doe d:\cityclerk\cityclerk\personnelMists\union.xls City of Cape Canaveral Wage and Salary Plan General Employees Classification FLOC Survey Results Salary Range (+5%) Minimum Maximum Minimum Maximum 1998 1998 1998 1998 6.84 9.41 7.18 9.88 9.13 12.89 9.59 13.53 : 7.82 12.41 8.22 13.03 8.51 12.09 8.94 12.70 10.28 14.11 10.80 14.82 10.24 14.92 10.75 15.67 10.86 14.93 11.40 15.68 12.19 18.97 12.80 19.92 " $ 12.19 18.97 12.80 19.92 11.26 15.55 11.82 16.33 r 16.32 21.91 17.14 23.01 16.32 22.73 17.14 23.86 15.23 22.43 15.99 23.55 14.98 �.: 20.31 15.73 21.33 17.83 25.11 18.72 26.37 17.14 23.92 18.00 25.11 26.08 COLA Oct 1, 1993:3.2% COLA Oct 1, 1994:2.5% COLA Oct 1, 1995: 2.9% COLA Oct 1, 1996:3% COLA Oct 1, 1997: 2.3% d:\cityclerk\cityclerk\personnelMists\union.xls City of Cape Canaveral Wage and Salary Plan Union Employees Classification FLOC Survey Results Salary Range (+5%) Minimum Maximum Minimum Maximum 1998 1998 1998 1998 7.33 10.33 7.70 10.85 8.96 12.90 9.40 13.55 10.30 14.17 10.81 9.51 .• 9.98 13.61 1 16.90 12.07 11.11 16.11 7 16.92 • 12.17 17.28 12.78 18.14 1 12.01 17.39 12.61 18.26 COLA Oct 1, 1993:3.2% COLA Oct 1, 1994:2.5% COLA Oct 1, 1995:2.9% COLA Oct 1, 1996:3% COLA Oct 1, 1997: 2.3% d:\cityclerk\cityclerk\personnel\lists\union.xis r g a v ca b U O O � H N m c � kn O �O N O t- h 00 r in t -M .-� >n O tn 00 M O M r- O Os 00 V t, N h h N M M N t` OD O� ttr�i N �O N et N t- M 00 N O� N 00 N O M M v1 M O M et N et M It �O It Q I I I I I I I I I I I I I I I I I C� 8 g O N h O M %n �O �t co M r 00 O\ ON O\ w F- oo O �o 00 0o ON �t CL M r 00 �O N N 00 O ON .--� V)O\ N M0\ O v 69 69 6s 69 69 fH N 69 — 69 N 69 N 69 N 69 N 69 M 69 M 64 N 69 M 69 M fie O O rl cn as t- cO 0\ M N N �t \O M N cn 00 by W VD 00 00 � O� M O 00 00 0 O It � tIt � d M In V1 rl.N N to Vo �O N N M N r- [- F rn \O v°I kr " OS oo O O� C N xr t` �O N N O� � I N N N N N M M M M M M It V1 W H M I O I � I N i 00 cmn I I I I I I 1 I I M I 00 I O I O I p,� N h O M 00 O 00 00 co .-r %n 00 �O ON N o� C N r N ch �n V1 M cn M �t O� ON a\ ON �O .-+ 0 O �O ZIt 00 �o ' N O N Oyj 69 60 fH U% N 69 N 69 N 69 N 69 N Vi N 69 N 69 M f5 M 69 Cl) 69 M 69 M 69 M vi F d C � Q � � � '�' •N -° o C C O C U M _ a U > Y w c0 w .�UU O a d d w A d U cq a 3 a4 a U r a N ON CS 04 %0 N N V1 M [ [- - m DD 00 00 M W °--� N -� N N et N N �6 N M M M N M 00 M 00 Cl) It d' �t W I I I I 1 I I I I 1 I I I I I I f N z N_ N_ O o0 00 r- �p 00 00 Ol O� O\ � q W W ai r �O �O h CO N CO N r 00 00 v'w 00 00 V1 00 00 V1 M V'1 M N M CA N M cc�� d 6�9 C/J O It It � t` t- a\ N N h N M tl- tl- T 4\ O0 vs 69 60 69 fR 69 69 N 69 N 69 N 69 N 69 N Q% N 69 N 69 N 69 M bq M 69 i �Ir •i � .ar 00 � y N N N N N It N N O N �o - N h �O en N �O C N M r a � N U U W � a W d •� � y C W F U O O w F a U w o U y y v d 3 ` 0 _ A ti a Q U U ? v a O w (q y y ,4 O~ i w r -i O C vCi p 3 Yw •� bC w.. tw°y U N F Cd a a O 0 ¢ a 7 A Q] w -p to v a'a v m U Ix v r U r g a v ca b U O O � H N m c � � N M O\ N N N N r N �o �V I�t vt�1i r- cin 00 .-r 7 M M m \p00 N 1p 'fit N N N N trN� N N N M N tN+1 m N cn cn OOOp q I I I I I I I I I I M I I I ... o o`to o`to N N N 0 in N M �o NN h 69 69 69 64 69 69 69 64 69 6N9 64 6qbN9 669 O O ti 8 8b oM0 ONO � � .moiV�1^ N O 00 W) QQOO � N N N N N N N N M N M M H M m M .fir m M ra OO~1` 000 000 N N N � N .Nr M06 O .--� I •--� m I �•p� I O0 Z r-- .-r00O\ l� O� M N V1 O00 in 69 .fir .tn-� fA 69 .r--� 69 6R -i 69 69 Vf 69 to 69 6N9 En Q U W � b 0 3 � H m O U Q m Q O = td �? cdCd as Vcl Cd G F� w C �, o°i N A w ti j�pr5, O r�o t•. y cd y t� 1. td tY A 3� 00 kn 0000 I 00 �O �O M g M M z Q W & M g M FCII N I N I N I N I M M M I M I M I h .-• O Q� 00 pI� O ppI�� O N W� L W G 'M"' N N N N N a69 bs V3 69 69 69 vj d9 69 N 69 d9 N 64 00 4 a± p .N. 8 V N V1 O N O N h H 000 k^ N kn N N et N N et N � 8 � pW d' U � O 0 C7 � w O O cd C cd •� O y O S-4 sw W U U a1 o p e c :3 p Y Q s cdfi a v� ad ody O U U cd cd v — 2 � N M S Ed Meeting Type: Regular Meeting Date: 09-15-98 r _ r AGENDA —' cm oa Hens Considerations CAPE CANAVERAL Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: MOTION TO APPROVE AN APPROPRIATION OF $14, 405 FOR POLICE EQUIPMENT DEPT./DIVISION: POLICE DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider appropriating funds for capital equipment in the amount of $14,405 from the 1997/98 general fund contingency. Summary Explanation & Background: See attached request. I recommend approval. Exhibits Attached: Memo from Sheriff s Office City S ffice Department POLICE DEPT./PUBLIC SAFETY September 9, 1998 To: Bennett Boucher, City Manager From: Mike Abels, Director of Administrative Services Subject: Supplemental Capital Purchase Pursuant to your request following is the list of capital purchases for your submission to the City Council. 1. Three In-car video cameras @ $3,635 $10,905 2. One Stalker radar $ 2,000 3. One computer $ 1,500 Total $14,405 Thank you for your assistance with the acquisition of these important capital items. The cooperation of yourself and City Council is deeply appreciated. C.C. George McGee, Commander Deborah Barker, Finance Director 5 E, � Meeting Type: Regular Meeting Date: 09-15-98 " .' AGENDA -` CRY OF Heading Ordinances-2°"Reading CAPE CANAVERAL Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 25-98, SMALL SCALE COMPREHENSIVE PLAN AMENDMENT FOR RADISSON HOTEL DEPT./DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this small scale comprehensive plan amendment. Summary Explanation& Background: The Local Planning Agency recommended this small-scale comprehensive plan amendment at their 08-26-98 meeting. The.subject parcel is 4.66 acres and is adjacent to the Radisson property. This change is from R-3 to C-1 on the future land use map. City Planner Todd Peetz conducted the attached data analysis and staff is also recommending approval. Exhibits Attached: Ordinance No. 25-98; Staff Report; Application City M ter' Office, Department LPA/GROWTH MGMT. 9/a - ciil/me 'ng iif98 5 -98.doc Cft70F CAPE CAKAVZRAL M E M O R A N D U M Date: August 27, 1998 To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Ordinances 25-98 and 26-98, Small Comp. Plan Amendment-Radisson 1Zesort The Local Planning Agency reviewed the above proposed ordinances and request to rezone a portion of Parcels 750 &754 from the existing R-3 to C-1 for the expansion of the Radisson Resort. Mr. Firkins, representative for Cevesco, Inc., property owner, informed the Board that Mr. Baugher, applicant, had a binding contract to purchase the property if the City approves the rezoning request. By unanimous vote, the Local Planning Agency recommended approval. Please schedule this request on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk _ /slc I E d� City of Cape Canaveral CRY OF CAPE CANAVERAL STAFF REPORT August 21, 1998 TO: Local Planning Agency, City of Cape Canaveral. FR: - Steven E. Bapp, Planning and Zoning Technician. Re: Small Scale Comprehensive Plan Amendment CPA-S98-1. Mr. Robert Baugher requests approval of a Small Scale Comprehensive Plan Amendment (CPA-S98-1). CPA-S98-1 changes vacant property located on parcels 750 & 754 (Sec 15, T24S, R37E) from R-3 to C-1. The applicant has paid all fees for this request. Staff recommends approval. Cc: Whitey Moran, CBO, City of Cape Canaveral File 105 Polk Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ ORDINANCE NO. 25-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1998 AS PROVIDED IN CPA-S98-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3161 et. seq., Florida Statutes (1987) established the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the State of Florida to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs; and WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988 City of Cape Canaveral Comprehensive Plan, hereafter referred to as the 1988 Plan; and WHEREAS, Sections 163.3184 and 163.3187, Florida Statutes, established the process for the amendment of comprehensive plans pursuant to which the City of Cape Canaveral has established procedures for amending the 1988 Plan; and WHEREAS, the City of Cape Canaveral applied for a small scale comprehensive plan amendment (hereafter referred to as "Amendment", and attached hereto as Exhibit "A" and incorporated herein by reference), effecting a parcel of land, less than 10 acres, for adoption in the calendar year 1998 as a single amendment; and WHEREAS, this Amendment will not cause the City to exceed its yearly maximum of 60 acres of small scale amendments; and WHEREAS, on 1998, the Planning and Zoning Board and the Local Planning Agency, in accordance with the procedures in the Cape Canaveral Code, held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting comments, and recommended to the City Council that the 1988 Plan be amended and that the Amendment be submitted to the Department of Community Affairs; and City of Cape Canaveral Ordinance No. 25-98 Page 2 WHEREAS, the City Council of the City of Cape Canaveral is hereby electing to proceed under the single-hearing adoption process pursuant to Section 163.3187(1)(c)(4), Florida Statutes; and WHEREAS, on , the City Council held a duly noticed public hearing on the proposed Amendment and considered findings and advice of the city staff, citizens, and all interested parties submitting written and oral comments, and the recommendation of the Local Planning Agency, and upon thorough and complete deliberation, approved the Amendment, for submittal to the Department of Community Affairs; and WHEREAS, the Amendment adopted by the Ordinance complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral,Brevard County, Florida, as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference, SECTION 2. Authority. This Ordinance is adopted in compliance with, and pursuant to the Local Government Comprehensive Planning and Land Development Regulations Act, Sections 163.3184, 163.3187, and 163.3189, Florida Statutes. SECTION 3. Purpose and Intent. It is hereby declared to be the purpose and intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the provisions of the 1988 City of Cape Canaveral Comprehensive Plan. SECTION 4. Adoption of Comprehensive Plan Amendment. Pursuant to Small Scale Comprehensive Plan Amendment CPA-S98-1 to the 1988 Comprehensive Plan, the City of Cape Canaveral future Land Use Map is hereby amended as specifically provided in Exhibit "A", attached hereto. SECTION 5. Effective Date and Legal Status of the Plan Amendment. The effective date of this small scale development plan amendment shall be thirty-one (3 1) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), Florida Statutes. If challenged, the effective date of this Amendment shall be the date a final order is issued by the Department of Community Affairs or the Administration Commission, finding the Amendment in compliance with Section 163.3184, Florida Statutes. No development orders, development permits, or land uses dependent on this Amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this Amendment may nevertheless be made effective by adoption of a resolution affirming its effective status. After and from the effective date of this Amendment, the comprehensive plan amendment stated in Section 4 shall amend the 1988 City of Cape Canaveral Comprehensive Plan, as amended. \\CAPE-Nr\4*cle&ACOCWDrbwb=\ZOMNG1Ra&um Comp PLn AmdLDOC City of Cape Canaveral Ordinance No. 25-98 Page 3 SECTION 6. Transmittal to Department of Community Affairs. The City Manager is hereby designated to sign a letter transmitting this small scale development amendment to the Department of Community Affairs, in accordance with Section 163.3187(1)(c)(4), Florida Statutes, and Section 9J-11.015, Florida Administrative Code. SECTION 7. Repeal of Prior Inconsistent Ordinances and Resolutions. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 8. Severability. Should any section or provision of this Ordinance, or any portion hereof any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such section shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. SECTION 9. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 1998. Rocky Randels,MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST BRUNS APPROVED AS TO FORM: — HERNANDEZ • PETSOS _ Kohn Bennett, CITY ATTORNEY SALAMONE RANDELS _ Posted: Published:(LPA) (CoQ) Hearings: LPA: Councillst hrg: Public Hearing: \\CAPE-MNcityck&CityC➢c\Ord'umca\ZONWGIRa&mn Comp Plan AmdtDOC City of Cape Canaveral Proposed Small Scale Plan Amendment 98S.1 Applicant: City of Cape Canaveral Location: Range: 37 Township: 24 Section: 15 Parcel(s) Portions of 750 and 754 Acreage: 4.66 acres Current Future Land Use: Residential R-3 Proposed Future Land Use: Commercial C-1 Current Zoning: Residential R-3 Description of Amendment Area: The subject parcel is presently vacant. The subject parcel is located approximately 800 feet west of State Route AIA. It is situated adjacent to existing commercial (east and south boundaries), and vacant R-3 multi-family residential (west and north). The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the north and west. There is "C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east and south. The subject parcel is 4.66 acres and is an extension of the existing commercial area that would be to a consistent depth to the south. This parcel would be utilized as an extension to the existing Radisson Resort. The parcel would not encroach into any established residential areas. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (1) acre of park land per 1,000 residents. Approximately twenty-four(24) acres of park land exist with 8,492 residents in Cape Canaveral. This equates to almost 3 acres of park land per 1,000 residents. State Route AIA is operating at Level of Service "C" with 1,858 peak hour trips. The maximum peak-hour volume acceptable is 2,940 representing a LOS of"E". The proposed change could potentially generate 180 peak hour trips per day and would not create a traffic deficiency. The City of Cape Canaveral provides waste water treatment. The waste water treatment capacity is 1.8 million gallons per day (MGD): The existing usage is 1.1 MGD with an excess capacity of _.7 MGD. There is adequate waste water treatment capacity available. The City of Cocoa has a capacity of 56 MGD and currently provides 46.5 MGD. Approximately 9.5 MGD of water is available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. _ r Environmental Description of Amendment Area: . The subject parcel is vacant; however, it has been improved and is located adjacent to existing development. There are no wetlands, floodplain or aquifer recharge soils or conditions associated with the subject parcel. The Brevard County Soil Survey Map has categorized the subject parcel as "Ur" - Urban Land and "Ca" - Canaveral Complex, gently undulating. The parcel is 4.66 acres and there are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeologic sites located on site or'in the area surrounding the subject parcel. Population Projections and Trends: The proposed amendment will potentially eliminate a maximum of 70 dwelling units from the barrier island. This could equate to approximately 150 persons but should not have an adverse impact on population projections. Consistency with the Comprehensive Plan: This amendment is consistent with the following Comprehensive Plan Objectives: Future Land Use Element `Objective LU-1: The City shall coordinate future land uses with the appropriate topography, soil conditions, and the availability of facilities and services. " The proposed amendment is within acceptable level of services standards and does not impact existing environmental conditions. `(Objective LU-3: The City will work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. " The proposed amendment is not an incompatible use with existing commercial and residential uses. There is no existing residential adjacent to the proposed amendment parcel. This amendment would represent an extension of the existing C-1 commercial area. The extension of the commercial boundary is to the same depth of commercial to the south of the subject parcel. 'Objective LU-4: The City shall enforce its regulations for protection of natural resources and historic resources. " As describe above, there are no known historic or archaeological sites on-site. There are no detrimental environmental conditions observed on-site. `(Objective LU-6: The City shall attempt to prevent urban sprawl. " The City encourages the infill of vacant parcels. The amendment would establish a consistent boundary of commercial depth with a full array of public services. 1 � •��C ^)4•l L nom'►_ - -��.' �� '� ♦� >',�aaJA. i. '�, �t _ ur"at`�'cr .•''�- i6 S^•�'•' t `C _ a. rte.�- -.ri�.r _i�.. .. - R2 ND . 12 yC M . 21 CL sz 13 C1 1x atvnw 1cw X3 a Im 22 1i u a12 1t c a 231z u R3 C1 z nn rus R aa Q 12 u 13 a Damao 1P��1F�DS� nmn r"° CHANGE » R2 aanao aaa� a� � � � 1 3 3L ©Q a33 12 ILCI sz33 as av a13 eMi�NA� aaa ATL4M:co� emaoao %m aaao� F 0 000 - CFA 5852 BM aaa 13 aaa 1PD OMSED CHANGES as 2 33 23 AS 77ANSAf•II'S•®Uq R3 EAR BASED AMENDmM A-b 8R96 aaa 13 r-Xr 31 13 aao� USS Cl- COMMMCIAL oL--7 ? � AC.-TIIJM�rG Q !R1 *RES DEAL 31R2 RESiDM4TIAL �O 1R3 RSSSDM4TIAL FUS FU3UCfiMCREA'707 AREA s' a AR� GICAL snm N o 0 C SMALL SCALE R AN AMEKDME1gT o Soo 1000 SpA 9852r� w e.w.tiw 7Y OF GAPE OANAVERAL E-41=A p 01-4 CAL COMPREHENSIVE PLAN ruIvey. Harris A wane, Inc. ufoa fs.atrna.woxa►e+uw.rtrn URE LAND USE MAP ,._`�`-;„ •f°° - ;;r;;,,, City cf Cape Canaveral Building Department _ DATE FILED f 9 8 n n R/ (please Print Le;ibly or Type) RECEIVED BY FEE PAID $9 S n - n n DEPOSIT S 250.00 FILING FEE IS NON-REFUNDABLE NATURE OF REQUEST SPECIAL EXCEPTION VARIANCE _y REZONING APPEAL CODE AMENDiv1ENT (IF REQUEST IS FOR A TELECONl1dUNICATIONS TOtiVER ATTACH SHEET l OF TOWER'APPLICATION) t. DESCRIPTION OF REQUEST (Insure that the specinc sections of the Zoning Ordinance that allow&support your request are noted) (Attach separate sheet if necessary) —3 to a C-1 for the -1 and c;hotrn on tha attached boundary survey We are also requesting ame land . Addressofrequest_garii .SGnn RPGnrt at .hP Port Cane Canaveral , FL 32920 Legal Desc.LOT BLTC SUB. TWP. Z4 S . Range 37 Fast STATEMENT OF FACT: State of Florida, County of Brevard; A R^u gh P r, being duly sworn, depose and sav that: I am the owner. YY I am the owner's designated agcnt.(Attach notarized letter of authorization) Owner's Name Cpvesc0 TNCI Address arno gtree—t Cl tyCanP C'anavar� i State FL Zin 32920 Home Phone „ 7>i I_ I 1 Work Phone R 783-3116 Other (If other than owner) AppIicant's Name Robert A . BauQher Address2210 S - At- 1anti : AveCitvCocoa Beach State 1"r Work FT, Zip�L Home Phone Work Phone# 7 R a_ a i A Other All information, sketches and data contained and made part of this request, are honest and true to the best of my knowledge and belief. Sworn tQ and subscribed before m e�►�YO�B Deborah L KmgI1t .� this 9 day of _Tv i Y 9 98' " Notary Public,state of Florida ` 'Yi�►PQConunissioa No-CC 388 OFrco MY CO mission Exp.res.GBc -ia azure ofAppli 'nt 14"3-NOTARY-Fla.Ncwv Service Notary Public, Sta a of orida ------------------ --------------------- The completed request form and the S,_,50.00 filing fee must be filed as follows:Requests for Variances and S`oecial Exceptions(Excepting Telecommunication Towers), I4 days prior to the Planning&Zoning Board Meeting; request u for rezoning,30 days prior to the Planning&Zoning Board meeting; Request for Telecommnications Towcrs,sixty days prior to the Planning &Zoning Board meeting.The Board of Adjustment meeting will be set after the request is heard by the Planning&Zoning Board.(A deposit may be required,see code section 110-92 for appiicabiiiry) FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant by Certified Mail No. Notice posted on Bulletin Board on on Notice posted on subject property on Prop•owners within 500 ft. notified on _ 7 "? 7, � � � BUILDING & PUBLIC SAFETY DEPARTITENTe. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR PUBLIC HEARING FOR A CHANGE OF LAND USE REQUEST TO AMEND THE COMPREHENSIVE PLAN This application,together with ALL REQUIRED EXHIBITS,shall be completed and filed with the zoning division prior to the established filing deadline for the Public hearing before the Planning and Zoning Board. A COMPREHENSIVE PLAN AMENDMENT DOES NOT ENTITLE TFM OWNER TO A DEVELOPMENT PERMIT. TYPE or PRM the following information (TO BE COMPLE T ED BY APPLICANT) Owner(s): Ca ,acne Tnr Applicant: Address: �?nhrart a Ra„�har _p _n R r,v 6621 Address: ??Ir) R . A r i „+ ; ,. A rc try: Can Cana rpT-, 1$tate: FT. Ciry: r,nr,na Roarh_Sta[e: FT. Zip Code; 2 4 2 0 Phone;'7,9 _•9 1 1 6 Zip Code:3 11 Phone:��l d_ 1 R TYPE OF REQUEST Xy Change to the Text of the Comprehensive Plan — Comprehensive Plan EIcment T a n gy „c o c t Oman f -Change to an Existing Provision n},�c, , „ T rT_ ( eoo Attach proposed warding,reasons,and appropriate data and analysis to support the requested change. �— }�y Change to the Zoning Map Existing Zoning Designation:_R_ Rcqucs ed Zoning Designation (` 1 Attach reasons for requested change Change to the Future Land Usc Mao Existing Future Land Use Designation: Requested Future Land Use Designation: Attach reasons for requested chane_e. LOCATION Section:_ 1 -i Township: 9 4 C r,,,+� Block: Range 27 Fact Lou?:rccl:gv-,fi n rfMCrp15 'T50 :b'Tfir1 Subdivision• Total Aereagc: d _ F 5 Overall Dimensions: —baa a+ tar.t.�,a Rn„n.a „ Location and Distance From Near=Public Road(s): Th, n n r f-1, a n rvey hn .+ e RI Ir(i _ TI:i cn„�,, nnri i a annrrT3rtmai•c�- r �t��—aQai nc+ T'antra1 REQUIRED EXH.IIBITS , 2 --'`Y 3 7 n f f of T n re Blvd , } _The complete legal description(and the tax identification number)of the property or portion thereof that the amendme-t is being requested for,typed on a scYar_cc sheet of paper. An error in the legal dese:iption will result in the request being delayed at the owner%applirit's e.:pensc. �[x_A certified survey of the subject properr'. A County Property Appraiser's map describing the exact parcel may be ae::Yted in lieu of a survev in certain instznczz. XX_—A County Properry Appraiser's map identifying the subject property and all of the owners located within S00 fc:r of the boundaries of the subject proper. XX_A list of names and addresses of all of the property owners located within 500 fest of the boundaries of th4 subjcct proper and keyed to the County Proper Appraiser's map. X-Y_A copy of the most recent recorded Wuranty Deed. Xy Notarized statements from all property owners listed on the Warranty Dccd who are authorizing someone oche: than themselves to act on their beaalf as the applicant. Signature of Staff member discussing proposed action with the Applicant: The und"iened understands that this applic=tion Must be complete and accurate prior to advertising a public hearing: STATE OF COUNTY OF I, being first duly sworn,depose and say char I am the owner of the subject property,or(ircorporation.I am the Oflieer of the corporation authorized to act on this request). X_I am the legal representative of the owner of the subject property of this application.(If the property is not owned.or owned only in part by the appiiC=L a notarized letter must accompany the application giving written consent by all proper owners oCthe subject property unless the applicant is the cy or the owner). ALL T / l ,�QUESTIONS IN THIS APPLICATIO S ' CHES AND DATA ATTACHED TO AND MADE, ��,R'°r.QF N IS�i1 XL�&7''UE TO THE B/ Y a WLEDGE. �ry Public,v1re efFlorida ; ommission No.CC 388215 ' � � °� ° Cu scion L•Y. .:pira 08/0"S;i SWOEt'I'?�� `�yBTAi$ yc � ,�HIS DAY OF ATURE) MY COMMISSION EXPIRES: ”' ”" 19 �� • YlS1S' t — �E�nP�'��NT FACT ,SN�'�+•r' 1. APPLICANT: Name: Robert A. Baugher Address: 2210 S . Atlantic Ave . Cocoa Beach, '-FL . 32931 Telephone: (4 0 7 ) 784-2318 PROPERTY LO CATION: - General Location or Address: 'Radisson Resort at the Port 8701 Astronaut Blvd . Legal Description: Cape Canaveral , FL . 32920 (IMAY BE ATTACHED TO THIS SHEET) SEE Attached Sheet SIZE OF PROPERTY IN ACRES: 4 . 66 2. PRESENT ZONING CLASSIFICATION: Abutting Land Zoning: North. South: Abutting L R-3 h: c-1 East: c-1 Land Use: North: None South:P . west: R_3 LotEast: Hotel West: None -). NATURAL FEATURES: Native Grass EXISTING STRUCTURES: None f See Environmental Survey ) SIZE N SQUARE CONS 11 UCTION TYPE: Hotel addition:- Q FEET: 203 , 164 . 04 NUMBER OF STORIES: Unknown at time SOIL. See attached Soil Map & Environmental Survey See attached Survey & Environmental Survey VEGETATION: Natural grass ( See Environmental survey ) WILDLIFE: See attached Environmental Survey FLOOD HAZARD: see attached ' sheet FIP,-M ZONE: : 1250947-0313-E DRAINAGE: Currently Undeveloped . Natural drai SITE ELEVATION: See attached Surve nage at this time . ySTRUCTURE ELEVATION:_ . N/A 4. ENVIRONMENTAL ISSUES: WATER: None AIR None NOISE: None HISTORICAL/ARCHAEOLOGICAL: None ATTR TPv VTS RFnrT7R�r, A MAP SHOWLNG TBI PROPERTY AND ALL ADJOLNING PROPER WI=:500 FEET WITH ZONING A'IND USE INDICATED: LEGAL DESCRIPTION A tract of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida, begin more particularly described as follows: Commencing at the Southeast comer of acid Section 15, thence N 89' 27' 20" W, along the South line of said Section 15, 882.89 feet; Thence N 00' 32' 40" E. 1073.08 feet to a point on the West right of way line of State road A-1—A; thence N 37 21' 10' W, along sold West right of way , 837.00 feat; Thence leaving said West right of way line, S 57 38' S0" W, 747.87 feet to the' Point of Beginning; Thence continuing S 52' 38' 50" W. 34.46 feet; Thence S 37' 21' 10' E. 535.00 feet to a point on the Northwesterly line of that certain parcel described in instrument recorded in- Official Records Book 3035, at page 869. Records of Brevard County, Florida; Thence S 52 38' ST W, along said Northwesterly line of said parcel, 167.16 feet; Thence S.37'21'10" E, 370.2-4- feet to a _point on a curve to the right, having a radius of 320.00' and having a chord bearing of N.88"18'1TW; Thence run Westerly along the arc of sold curve 12.88 feet through a central angle of 12'17'21 Thence N.37'21110" W, 1490.17 feet; Thence S 89' 27' 20" E, 328.38 feet to the beginning of a curve to the left the radius point of which bears S 00' 32' 40" W, 24.84 feet; Thence Westerly, and Southerly, along the arc of said curve, through a central angle of 90' 00' 00', 39.02 feet to the beginning of a curve to the left, the radius point of which bears S 89' 27' 20" E, 60.00 feet; Thence Southerly, along the arc of said curve, through a central angle of 37' 53' 5T, 39.69 feet; Thence S 37 21' 10' E, 347.05 feet to the Point of Beginning. Tax I .D. # The property is partially on # 754 and partially on v 750 Please note : The Boundary Survey shows the entire Parcel, which has a total acreage of 4.749, however a portion of this parcel (south end) is currently zoned C-1 for Commercial use. This is shown on the attached Zoning Map from the Brevard County Property Appraisers Office. The area already zoned C-1 is 3702.40 sf. This leaves a remaining 203,164.04 sf. or 4.66 acres of land that we are requesting a zoning change for. For this reason we listed 4.66 as "size of property" on the application since this is the amount of land that needs approval. This is why there is a difference in acreage between the application and our Boundary Survey. SHZ.IFORD MILLS, -Florida orida Land Properties CEVESCO, INC. ,HUFORD DEVELOPMENT COMPANY Post Office Drnrc~ c r 683 CANAVERAL BEACH GARDEN APARTMENTS, INC. 211 Carolilte Street Cape Canaveral, Florida 32920 407-783-3716 June 12, 1998 To whom it may concern: This letter is giving R .A. Bdugher ,Trustee or his agent authority to seek a zoning change for the parcel shown on the attached survey. r. f v Sworn and subscribed to before me this 1 i _;2 —day of 1999(. (2L C_- NOTARY PUBLIC iJ ;�;:r>r»>;:;:r�r;:;rrrrr.•,•r..�r»:rr»>rrrrr.:. =1tRY 'G�n Debot3ft 1, Ktught t My commission expires N0Public,StateofFlorida ; i of No.CC 3 3822S My Commission Ezpiru 08105!98 t•aao a• �ortieY.FI..xotary service a<]ioedin=Co.; JUL. -07' 98 (TUE) 12 :48 TREASURER TEL: 7043226501 P. 001 Buford Dev elopment, inc, Post Office Box 2228 Hickory, Nor h Carolina 28603 (704) 328-4157 Pax (T04) 322-6501 July 6, 1998 This is to affirm that George H. Fins, Jr, is the agent of Record for Cevesc o, Inc. and as such will represent Cevesco, Inc. in �y land sales. - W ' C. t Shuford, Shuford Ke o ., .President went, Jnc., attd its subsidiary Cevesco, Inc. H:VAnnasVA'VIEUN'Ilfukms.doc - SIL UFORD MILLS, Florida Land Properties CEVESCO, INC. HUFORD DEVELOPMENT COMPANY Post Office Drawer 683 CANAVERAL BEACH GARDEN APARTMENTS, INC. 211 Caroline Street Cape Canaveral, Florida 32920 407-783-3116 June 12, 1998 To whom it may concern : This letter is giving R.A. Baugher ,Trustee or his agent authority to seek a zoning change for the parcel shown on the attached survey. C( < Sworn and subscribed to before me this day of19;x`', NOTARY PUBLIC ;e%% 1�Y psi Deborah L Knight s My commission expires " Notary Public,State ofFlorida ' 4 r`° Commission No.CC 388225 ' 7 i amo My Commission Expires 08/05/98:< ' 1400-3-NOTARY.Fla.Nasry Service& C.)O— r rJ Policy LU-1.1: The City shall require soil borings before development takes place to assure that the soil is capable of bearing the — Proposed. structures) Policy LU-1.2: -The City shall require developers to provide f sanitarysewer and water systems to serve their developments. or the local Policy LU-1.3: The City" shall require developers to provide following on-site infrastructure improvements for their 'projects: drainage and stormwater management, open space, safe and convenient traffic flow, and vehicle parking. Policy LU-1.4: The City shall apply its adopted level-of-service standards to a proposed development before allowing the development to take place. Objective LU-2: Should blighted areas occur, theCity - redevelopment or renewal of such areas. The measurement f thisObjeall work toward is continuing lack of blighted areas and the degree to which the followinct'polic the implemented. 9 icy is Policy L U-2.1: The City shall enforce its housing and building codes in an effort to prevent any blighted areas. Objective LU-3: The City shall work toward the elimination or reduction of uses inconsistent with the community's character and future land uses. The measuremen this Objective is the consistency and compatibility of land uses withint of and the degree to which the following Policies are implemented. Cape Canaveral Policy LU-3.1: The City shall enforce its various .ordinances which regulate the land use categories included on the Future Land Use Map (Zoning Ordinance),.subdivisions (Subdivision Regulations), signage (Sign Ordinance and areas subject to seasonal or periodic flooding (Stormwater Management Ordinance and Federal Flood Insurance Program Regulations). : Policy LU-3-2: The City shall require new development to be ca with adjacent-land uses. compatible 9-14 Briley Wild b Assoclates, Inc. Policy LU-3.3: The City* shall enforce its requirements pertaining to densities and intensities of (arid use in each land-use category--i.e. *R- 1 , Low Density Residential: maximum 5.808 lots/acre. *R-2, Medium Density Residential: maximum 15 units/acre. *R-3, Duplex/Multi-Family: maximum 15 units/acre. M-1 ,Light Industrial: maximum 4.356 lots/acre. 'C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. Objective LU-4: The City shall enforce its regulations for protection of natural resources and historic resources. The measurement of this Objective is the extent to which natural and historic resources are protected and the degree to which the ---- —-foliowfng Policies are implemented. . Policy LU-4.1 : The City shall continue to enforce its regulations which protect environmentally sensitive land. (e.g. beaches and dunes) Policy LU-4.2: As historically-significant properties are identified, these shall be designated and protected. Policy LU-4.3: The City shall maintain a list (including locations) of archaeological sites to cross-check against locations of proposed development before issuing a Development Order. Objective LU-5: The City shall coordinate coastal area population densities with the local hurricane evacuation plan. The measurement of this Objective is the density of population in the coastal area and the degree to which the following Policy is implemented. Policy LU-5.1 : The City shall continue to monitor density of developments, especially in the high-hazard areas. Objective LU-6: The City shall attempt to. prevent urban sprawl. The measurement of this Objective is the extent to which urban sprawl is prevented and the degree to which the following Policy is implemented. Policy LU-6.1 : The City shall work toward development on infill parcels. Policy LU-6.2: The City shall give preference in the development approval process to projects which are adjacent to existing public infrastructure. 9 -15 Briley Wild G' Associates, Inc. C1L_CEN_TRAL BLVD. SKETCH OF SURVEY SURVEYOR'S NOTES: 1. Unless otherwise noted, only(100' RIGHT OF WAY UNDEDICATED) y plotted O� or easements are shown hereon. 2 P.U.D.E. denotes Public Utilities and Drainage 188.84 4`� 139.54 2 o Easement O 1 O� SIM arm 3. No underground utilities or Improvements were 1 located unless otherwise shown. 1 0 2 Q� �ar 4. This site lies within F.I.R.M. Zone per O; t7 Community Panel No. Q �� er w+r dated 4/3/89 ` G .w� 82M 5.5. Unless otherwise noted• any elevations shown )( Qaexee z+a 2r are based on N.G.V. Datum of 1929, relative 29 . e2m to BM. a w l�+�wlcr w6. Bearings shown hereon are based on the POINT "A4' centerline of being s �\ �, (SEE DETAIL) ��according to the plat described hereon. and ua G,� Gy not be a True North Azimuth. POINT OF •� BEGINNING 01 \ do PARCEL 1 �. 9x L)7LWa1pN a ABdIIIMiOq � ^ � G+ o\ ro ro.er ar an�c �O• 5�� 3 X90 n roar a eaecra . meJ1 - mea a aee..w[ V� cow �`ar>, r, 5 1S LEGEND: acre ave ai o oma �� O Set 5/8' iron rubor with W m¢y nwmr cap 1116464 g ¢ COs c��, • Found iron rebar, size andi wrimr a na p if eFIT*e rre„nus ran �e°iM°1O1ia,oa0 Set 4'x 4' concrete riO esa.'O.J.cam 11 monument with cap #6464 7 ■Found concrete monument, .oar SCALE 1"=100' O size and identification v. sus nam covens oar. aww u«rasa WA Som roa !' O Sat noel and dick #2351 cu+ae ti^rn®oee ■nese is ♦ Found nod and disk, nn+c "�' WX we �lS identification #as shown 2 2',( Cr'STA TAF VAl� e37a' 0e /'` NORT}iWES'TERLY UNE ORB 3035, PAGE 869 ACREAGE. A j Parcel 1, less undedicated DETAIL right of way: 3.936 Undedicated right of �6� <O way: 0.813 $ TOTAL ACREAGE FjrL PARCEL 1: 4.749 LEGAL DESCRIPTION A tract of land lying In Secdon 15.Township 24 South, Range 37 East. Breerd %P begin mon Particularly described as follows: County, Florida, Cammenaing at the Southeast comer of said Section 15, thence N 89. 27 2C W okreq the South line of avid Section 15. 882.89 feet;Thence N 00' 32' 4d E. 1073.08 feet to a point on the West right of way rine of State road A-1-A: thence N 3T 21' /0' W. along sad West right of ray 877.0(1 feet Thence leaving said Weet rfght of ray Orae. S 52 38' S0' W, 747.87 fest to I Ns Point of Beginning; Thence continuing S 5, 38' 5T W, 34.46 feet Thence S 4737" 21' et �s E. 335.00 feet to a print on the Northwesterly line of that owtain parcel described in instrument recorded In Official Records Book 3035. at Paqe M. Rom a of Brevard County. Florida Thenen S .. 52 3o 50' W. Bong said Northwesterly line o said parcel• 187.18 feet; Thence 5.3721.10' E. 370.24 feet W l point on a curve to the right having a radius of 320.00' and having a chord bearing of Thence .1 7' Thence run Westerly at" the are of sold curve 12.88 feet through a central angle of 12'17'21'; Thence N.3721'17 W 1490.17 feet; Thence S 89.2T 20' E. 328.38 feet to the begin' of O a curve to the left the radhx point of which bean S 00. 32' 4T w. 24.84 feet Thence Weetery. and South". along the am of sod curve. through c cent angle of 90 00, 00' 39.62 feet �j7 to the beginning of o curve to the ISR, the radius point of which bears S SW 27. 20' E 80.00 feet Thence Southerly, along the are of sad curve, though a central angle of 37 53' S0', 39.89 feet;Thence S 37 21' 10' F- 347.05 feet to the Print of Beginning. O rawn by. 5 Scale: WJF BOUNDARY SURVEY 1"a100' Certified to: ,gp, ROBERT A. BAUGHER Date: 2/12/98 Qr Project # 352.1' N. COl111ENAY PARKWAY- SUITE 1 91-123-14 MAILING ADDRESS: P.O. BOX 542148 1 hereby certify that the survey shown hereon to true and correct to the beet MERRITT ISLAND. FL 32954 PHONE(407)433-5820 of my knowledge and belief. based on actual mevsursments taken In the field. DATE REVISIONS This survey meets the Minimum Technical Standards as set forth by 6/4/98 the Florida Board of Professional Land Surveyart In Chapter 81 G 17-9,Florida REVISE BOUNDARY Administrative Code, p dtnt to Section 472027, Florida Statutes. This certificate is net veld unless embossedwith the John R. Campbell Surve)ora Seal Professional Land SYr4eyor Na 2351 State of Florida Publishcd Weklyylon Wcdncsday The Tribune Published Wcekly on Wcdncsday The Star Advocate Publisher! Weekly on Wcdnesd.',y The Bay Bulletin —� o *4111 . Publishcd Weekly on Wcdncsday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared LIS SWANSON oath says that she is LEGAL ADVERTISING CLERK I who on of the FLORIDA TODAY TO-LE26S3-1T-81.6,1998-Sun. .a newspaper published in Brevard County, NOTICE OF CHANGE Florida;that the attached co g g OF COMPREHENSIVE PLAN; py of advertising being a LEGAL NOTICE i The City of Cape Canaveral Will be considering a Comprehensive ... Plan amendment to the Felure in the matter of Land Use element of the Comore CITY OF hensive Plan.The Local Planning CAPE CANAVERAL Agency will hold a public hearing concerning a Comprehensive. Plan an August 26.4 1996 2 at 0 p,tn.In in the the City Hall Annex,111 Polk Av- Court enueThepre�ComCaCanaveral. (Plan' NOTICE OF CHANGE OF COMPREHENSIVE PLAN Ameirst Sc setsPlan amendment:t: the first scale plan amendment for-1996 as-Provided in CPA-571- which shall amend the Cpm- Irehensive Plan Future Land Use Nap. AN ORDINANCE OF THE C1TT' was published in the FLORIDA TODAY NEWSPAPER OF CAPE CANAVERAL, IDA.- VELA COUNTY, PREH q,• RELATING TO COMPREH�N-' SIVE PLANNING; SETTING in the issues of AUGUST 1 6 FORTH AND ADOPTING A 19 9 8SMALL SCALE PLAN r 'AMENDMENT FOR 1998 AS- .PROVIDED IN CPA-Sit-1,- WHICH SHALL AMEND THE Affiant further says that the said FLORIDA TODAY NEWSPAPER ..COMPREHENSIVEIINGAEFFECTIVE PLAN FU- TURE LAND USE MAP;PILO_ VIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT; PRO. is.a newspaper published in Said Brevard VIDING FOR TRANSMITTAL. County, Florida, OF THE PLAN AMENDMENT and that the said newspaper has heretofore been ContinuouslyTO THE DEPARTMENT OF COMMUNITY AFFAIRS:PRO- published in said Brevard County, Florida, regularly as stated above, VIDING FOR REPEAL OF PRF OR AND INCONSISTENT OR= and has been entered as second class mail matter at the po5f Office in OINANCES AND MELBOURN NG AND INCONSISTENTANDSaid Brevard COUr1I "' PROVIDING FOR AN EFFEC- Y. Florida, for aperiod of TIVE DATE. one year next preceeding the first Copies of the information to De attached co Publication of the liscussed are available for re-. COPY Of adve,)is?mens; and affiant furthsays that she has neither i!ew at the City Clerk's office.at -ity Mail. IOS Polk Avenue.Cape er paid nor promised any -anaveral. Florida. person, firm Or corporation an If any person desires to appeal y discount, rebate. Commission or refund for the env decision made Dv the local Durpose o! securing Ia"m"g Agency cwithonsidered respect to Ihis advertisem any matter consideree at rni5 ent far publication in said new50aper- meeting,such person will need a -ecdrd of the proceedings and _� /J hat for such purposes.Such Per- ion mar need to ensure that a 'J �-7•j y� ferDafim record of the proceeg= (Signature of Affiant) ngs is made. at his or her own !xpense, which record includes ;worn to and subscribed before me this estimony and evidence upon 16 Mhich any such appeal is to bt n day of AUGUST )aced(F.S.286.0105).This meet- 9—9 8 ng may include me attendance of ane(1)or more members of the _ape Canaveral City Council who Tay or may not participate in the -� ^' , 3oard discussions held at this / 'reefing. y � �• -' 1 v (Signature of Notary Public) , `� ✓ Sandra Roxar Sims. 7 Y CMC '- -- - City Clerk LINDA L. BRAUD (Name o1 Notary Typed.Printed or Stamped) ally Known Or Produced Identification Pe of Ident,fiCation Produced •mu.u-�n;y..� MEMORANDUM June 17, 1998 To: Whitey Moran, CBO From: Steven E. Bapp, Planning and Zoning Technician _; Re: June 17, 1998 rezoning meeting. A meeting was conducted today, June 17, 1998, at 9 am to discuss the rezoning of a property located immediately to the west of 8701 Astronaut Blvd, Cape Canaveral, FL. Attendees included Whitey Moran, CBO; Steven E. Bapp, Planning and Zoning Technician; Mr. Bob Baugher, owner, Radisson at the Port Hotel (8701 Astronaut Blvd); two staff members employed by Mr. Baugher; and George Firkins, Property owner of portion of land immediately to the West of 8701 Astronaut Blvd. Mr. Baugher informed City Staff on his intentions to rezone a 3.2-acre parcel located immediately to the west of his property. Mr. Baugher stated that he wished to rezone the property from R-3 (Medium Density Residential)to C-I (Commercial). Mr. Baugher stated that he intended to submit a request for rezoning and a request for small-scale comprehensive plan amendment. Mr. Moran, CBO, informed Mr. Baugher that a request for rezoning and a small scale comprehensive plan amendment was required, and listed the required documents required to prepare such actions. Mr. Moran also suggested that Mr. Baugher employ a planner to assist in the preparation of such actions. Mr. Bapp conducted a brief meeting with a member of Mr. Baugher's staff to discuss how to complete the rezoning application packet. Mr. Bapp also gave the staff member the Brevard County GIS phone number; and told the staff member about all the services that agency could provide. Cc: Bennett Boucher, City Manager File B . K . I . , INC . CONSULTING ECOLOGISTS July 6, 1998 WILLIAM W. KERR Mr. Bob Baugher Baugher and Company Radisson Resort At the Port State Road A-1-A Cape Canaveral, Florida 32920 Re : Preliminary Ecological Assessment of Parcel 1, in Section 15, Township 24 South, Range 37 East, Brevard County, Florida. BKI File No . 9862 Dear Mr. Baugher: As per our contract, B .K. I . , Inc. Consulting Ecologists (BKI) has completed preliminary wetland and endangered species surveys on the above-referenced site . This survey was conducted on July 1, 1998 . Following is a discussion of our findings and an assessment of the site ' s developability. INTRODUCTION According to information supplied by Baugher and Company and as described on a Sketch of Survey completed by Campbell Surveying and Mapping of Brevard, Inc . , the subject property (Parcel 1) consists of ±4 . 75 acres located between Tower and Central Boulevards, west of the existing Radisson Resort hotel in Section 15, Township 24 South, Range 37 East, in Brevard County, Florida (Figure 1) . The land is bounded on the north by Central Boulevard, on the east by the existing Radisson Resort hotel, on the south by Tower Boulevard, and on the west by grassland. TOPOGRAPHY AND SOILS At the time of the site investigation we had not been supplied with topographic information on the site : However, during the site visit it was noted that the site topography is flat . Soil types within the project area were identified using maps and definitions formulated by the U.S . Department of Agriculture, Soil Conservation Service (SCS) and published in the 1974 Soil Survey of Brevard County. In addition, further information on the soils was gleaned from review of the Hvdric Soils of Florida Handbook published in 1995 by the Florida Association of Environmental Soil Scientists . All soils within the study area have been identified, including any special circumstances that would adversely affect development and any special treatment that may be necessary. Based on review of this information it was determined that topography and underlying soil types generally coincide . Soil types within the project corridor consist of Canaveral complex, gently undulating (Ca) and Urban land (Ur) (Figure 2) . L4PREL2 9862prel.rpt 325 FIFTH AVENUE, SUITE 208 - INDIALANTIC, FLORIDA 32903 - (407) 951-7964- FAX Un-A art-Peron Following is a general description of site soils as ,described within the SCS survey. Canaveral Complex Gently Undulating (Ca) Most of the western portion of the surveyed area is mapped by SCS as being underlain by this soil type. This complex consists of nearly level and gently undulating sloping soils that are mixtures of sand and shell fragments . It is along the Atlantic Coast on narrow ridges interspersed with parallel narrow sloughs . The water table is between depths of 10 and 40 inches for two (2) to four (4) months a year. In dry seasons it is below a depth of 60 inches . In association with the project site, the above description appears to be a fairly accurate representation of this soil where it underlies the west side of the property. There were no hydric soil indicators observed in the soil; this concurs with the statement in the Hydric Soils .of Florida Handbook that states that 65 percent of the -time the Canaveral complex is non hydric . However, on occasion, (35 percent of the time) Canaveral complex, gently undulating has a component of Anclote sand which is considered a hydric soil . The Anclote component is hydric since it ispoorly drained or very poorly drained and has a frequently occurring water table less then 0 . 5 feet from the surface for a significant period (usually 14 consecutive days or more) during the growing season if textures are coarse sand, sand, or fine sand in all layers within 20 inches . Urban Land (Ur) According to the SCS soils map, the eastern portion of the site is underlain by the Urban land soil type. Urban land consists of areas that are 60 to more than 75 percent covered with streets , buildings, large parking lots, shopping centers, industrial parks, airports, and related facilities . Unoccupied areas, mostly lawns, parks, vacant lots, and playgrounds, are Astatula, Paola, Myakka, St . Lucie, Immokalee, Pomello, Cocoa, and Canaveral soils in tracts too small to be mapped separately. This soil is upland all the time . AQUIFER RECHARGE STATUS Current regulations limit the amount of impervious areas allowed within an aquifer recharge area. Consequently, BKI has reviewed the potential for this site to fall within such an area . ' Based on perusal of the Brevard: County aquifer recharge map in conjunction with SCS mapped soil soccurring on site, it appears that the subject site does not fall into any of the mapped aquifer recharge areas . Figure 3 depicts the location of the site in relation to mapped aquifer recharge areas in Brevard County. - VEGETATION In general, vegetation on the subject site is consistent with observed elevations and SCS mapped soils, and primarily consists of L4PREL2 9862prel.rpt mowed grasses . Land . uses such as this were classified into categories by the Florida Department of Transportation (FDOT) in 1985 in the Florida Land Use, Cover and Forms Classification System (FLUCFCS) . BKI used this classification system as a guideline to assign the' subject site a land use category. It should be noted that variations between the FLUCFCS community descriptions and the actually occurring on-site communities may exist; consequently, the classifications which comes closest to the observed on-site communities were chosen, but may not match precisely. The specific land use identified within the project site is : Urban Land in Transition without Positive Indicators of Intended Activity (193) . Following is a discussion of this land use type, as it occurs on the subject property, including an assessment of its jurisdictional status based on rules and regulations of the St . Johns River Water Management District (SJRWMD) and U.S . Army Corps of Engineers (ACOE) . The location of this land use is depicted on Figure 4 , Environmental Survey Map, and is based on aerial photo interpretation with groundtruthing for verification. Community and land use boundaries on the aerial photograph are not distinct ; consequently, boundaries shown and acreages estimated are approximate . .Urban Land in Transition without Positive Indicators of Intended Activity (193) The entire 4 . 749 acres of the project site has been included into this land use type. The area is characterized by a variety of mowed pasture grasses (Poaceae - difficult to identify particular species due to the- mowing) interspersed with creeping oxeye (Wedelia trilobata) and capeweed (Phyla nodiflora) . On the easternmost edge, adjacent to the existing parking area, there are a few planted banana and citrus trees . All of this land use, and by default the project site, is uplands and will not be claimed as jurisdictional by SJRWMD or ACOS. As such, ,i.t should be developable without wetland permits or mitigation for impacts . THREATENED AND ENDANGERED SPECIES Preliminary surveys for threatened and/or endangered species and suitable protected species habitats were completed on the project site . This survey resulted in the determination that the Urban Land in Transition without Positive Indicators of Intended Activity (193) is potentially suitable for gopher tortoises (Gopherus polyphemus) and burrowing owls (Speotyto cunicularia) , both state listed Species of Special Concern. Gopher Tortoise Three (3) environmental conditions are especially important to gopher tortoises : well-drained loose soil in which to burrow, adequate low-growing herbs for food, and open sunlit sites for L4PREL2 9862prel.rpc i 6 nesting. The Urban Land in Transition without Positive Indicators of Intended Activity (193) on this site provides habitat that meets all of these parameters . Although a' formal survey was not conducted, nearly 100 percent of the project site was traversed while completing the preliminary environmental assessment survey. No gopher tortoise burrows were observed on the site . It may be concluded that no resident tortoise population occurs on the Radisson Resort project site. Burrowing Owl Burrowing owls are inhabitants of open well-drained landscapes . They are most common in the prairie region to the west and north of Lake Okeechobee . Scattered breeding locations may be found, however, from Jacksonville to Marathon. Historically, these owls occupied the treeless grasslands and pastures of central and south Florida. Inland populations have decreased because of disappearing habitat and Florida is now a host to scattered populations in semi- developed and developed areas such as grass prairies, sandhills, pastures, prairie-like expanses of airports, industrial plants and campuses . The Urban Land in Transition without Positive Indicators of Intended Activity (193 ) provides potential habitat for this species . The nearly 100 percent- survey of the site allowed confirmation that this species, also, does not reside on the subject site . SUi�IlKARY. COMI2=AT ONS Listed S-Pecies During our site review it was determined that there are no resident populations of protected species on the subject site, consequently, no further action regarding listed species will be required to proceed with development . Wetlands Results -of recent site field reviews and analysis of site information has led to the conclusion that there are no wetlands on the Radisson Resort project site. Consequently, no permitting or mitigation will be required for this environmental concern. L4PREL2 9862prel.rpt ° a c: o cerns= w ch�ivoui _ _ r e Should you have any questions or need further information, please do not hesitate to contact our office. Sincerely, Linda A. Olson, MS Project Manager/Ecologist dist: Mr. Greg Knight - Baugher and Company B L4PRELf 9862prel.rpe `�~ - •� i - 1, -.y �.n s('i��'�• V. ti 401 ' t " PORT CAVA ERAL rBasin I LOW East ruming ! srino� West rurpmv e I Basin \\ Q .Bairn' n• w -� r 8 9.. �1.2 /- o G 'ORI 1 IMO .• PARK SUBJECT SITE Raul _------------- -- I' 171 16 Lr I i P MERRITT ISLAND • -•nn r:nF.C4AGl1lFR6LCIW%�L t .. l _ ��:�ly�---•'mss._—_ 'LOCOJiBEALHCOAA80RY 3292 ,MILTON COLLeoi L .. . 22 a I rrrC�-:.� .•.._•.•�: r -_n:.: - �-:..max •.'--".'-=s 11 MTonov RCE: Universal Map, 1995-96 BK1, Inca CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indialantic, Florida 32903 t' ? • CNNKI IMM raRR RTn TdwwKa � p. � A, stag."p }} , ja�a•••...f+ wanR 10.014Ct�t M>t.f„pla — 4• rr+.. O•a•.wR t>..ow.eR M.w.o..a 12 ,.HOER .aarwe•R � R J.I YRN fiLr. SCHOOL 'E -CANAVERAL Title: Location Map Project: Radisson Resort Project No.: 9862 Checked By. Scale: NTS EmAtt on r.wa Comm >• i yo.,a•. - ,„ .• war.. w way. I - ... Ramat 4 1 CACAPI CAAAm•- I ..♦SE►CN 520 t• CSWT 52C = CDIeIat 4 • F"CUu K. 33 34 Rp- COCOA -BEACH - RCE: Universal Map, 1995-96 BK1, Inca CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indialantic, Florida 32903 t' ? • CNNKI IMM raRR RTn TdwwKa � p. � A, stag."p }} , ja�a•••...f+ wanR 10.014Ct�t M>t.f„pla — 4• rr+.. O•a•.wR t>..ow.eR M.w.o..a 12 ,.HOER .aarwe•R � R J.I YRN fiLr. SCHOOL 'E -CANAVERAL Title: Location Map Project: Radisson Resort Project No.: 9862 Checked By. Scale: NTS Figure No. 1 KI_►,....- Dw.—, 1 tr -rc 1 r- Ce �A Ca r . BARGE CANAL. •�- w Ca cr- — Ur SOILS LEGEND Ca = Canaveral Complex, gently undulating Ur = Urban Land 2 :z�m Uri Qr Pb Par! Canaveral= Ca Ur Wn 7 Ca ' ---- Tm SUBJECT SITE '. r ` Ca Cad%. - •�!'�!i • � a Ly, �Ga _ CAPE CANAVERAL - Pb x ice; i 'Ur. . v• rl NC .y ata Ga . U:.S, Department of Agriculture Soil Conservation Service, Soil Survey. of. SOURCE: Brevard County, Florida, November 1974,- Sheet No. 64 BK1, Inc.' CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indialantic, Florida 32903 Title: Soil Conservation Service Soils Map Project: Radisson Resort ' `AIR ORCE Scale: 1:20000 Notes Property boundaries depicted are approximate Ca TION .-ST I - _- CC .•s~�j—y�Zr moi` `?;l SOILS LEGEND Ca = Canaveral Complex, gently undulating Ur = Urban Land 2 :z�m Uri Qr Pb Par! Canaveral= Ca Ur Wn 7 Ca ' ---- Tm SUBJECT SITE '. r ` Ca Cad%. - •�!'�!i • � a Ly, �Ga _ CAPE CANAVERAL - Pb x ice; i 'Ur. . v• rl NC .y ata Ga . U:.S, Department of Agriculture Soil Conservation Service, Soil Survey. of. SOURCE: Brevard County, Florida, November 1974,- Sheet No. 64 BK1, Inc.' CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indialantic, Florida 32903 Title: Soil Conservation Service Soils Map Project: Radisson Resort Project No.: 9862 Fshecked By. Scale: 1:20000 Notes Property boundaries depicted are approximate Figure No. 2 9 o AQUIFER o RECHARGE AREAS i . _• BRF-VA an CQUNTY - P FLORIDA Ilk bh TIT �� •. I� z JOHN r KCNNEOT SPACE CENTER , `ice O o < a CAPE CANAVERAL n MCARITT A{A MACE rMT70N I(p ^ > ISLAND ? \ SUBJECT' SI'Z'E v CANAVERAL PRIME • i I QOCx1 VD COCOA CLASS 1 BEACH � a ^ = SECONDARY I > PATRICX AIA FORCE BASE I �•s,, • I 1 } SATELLITE I BEACH = INDIAN NAADOVA r BEACH l r MyLB ° E MfLOWAmf .rG.l.NT7C • I BEST _ ►KLZSOweNf i MCLSOIMNE- ' o ti i P,f . i 1 MALAGAA I � I 1 SOURCE- Brevard County Conservation Overlays -.1981 =s- • B K 1 , Inc.. CONSULTING ECOLOGISTS 325 Fifth Avenue, Suite 208 Indialantta, Florida 32903 Tina Aquifer Recharge Map Project Radisson Resort Project No.: 9862 1 Checked Sy. Scala See above ' Notes: Site location depicted is approximate Figure No. -- 3 .. .... ..... . . .. . ....... y AjJDEN LA el - CENTRkLRLVDW.-*' ------ — — ------ '44 _Bros44 x > .. ........ T i34 2 —47;; 5 ro 414 47r -401 AW- MNALIM, 7, 4 :3 1; 7 JACX30'i W: !.i 41 J;l� HAUL WAV-.. CARVERSTN -wi A+44.; 4!4 4 '54— HrrCH24G POST RD: X.5 SFMAL nWD HLURD LHAS Zest C imim ey 100 Tut nwa rhimal heard frog principal flood marw- OTHU nmo Luis Zone I Chid be flooded due W me- rainfall r---1 lose X5 Snbjeet la 1011 --year Rood. To base flood and poor drainage Areas of 500 -year hood arena of 1110 -year flood wiLh tfentiom deleficined. Ld eye lump areas zm IT Ong depths of Incs foot or viih d 3 Fkadway - water chanel + adjacent land area IM 3q mile; and areas PrUteCied by JCTM from 100 Year fl"j Zone IE Kmt be rexrTM to discharge lime Rood. ❑Zone I Upcil"a "? M mos AF. Irea outside the 100--jur and 500 -year flood plain ood i.Z—jWZized. 7 Zen, TE Zone 10 coastal flood with 7giodtl heard (late "Qn� to luandaLlon i type of 100 -year Base flood citiation determined. Zone D abailar flood. Flood dLpL� it 1-3 It fitcrminei flood laards may mixt but an ut4tinj fie '414 992 c#mPil9d 61 V. hiss life? Faler lFgaellseal Jistriel CIS Divisi@%. Brevard C*%Rtl PT'Iffly Appraisers Office and Cj@jrC?hic In Services =12 13 MM (me fach = mm feet) " &SItu# r IsP41likillif'99 Isr lrr#rt jr sigisgiass Cgs 1i%jj &green. +qty Pmaty Apprum Wks -CTS, Tan 10 102 -tug5oo bUS500-SA-P 5 WJAIW. bmrd County Pmperty Apia rm Ford BUFFER DWANCI 500 FEET 'PLKin NABS)/ADDRESS Bmd on data tray the Fropaty Appmj3es Otruz YAP SCALE 6 LS00 (ane inch = A lot) WIGHT, GREG TW map +mss empU frmn ramrda[ doasmmis and duet nct ttfimt LEGENQ WE NANKS)/ADDREE an aduat raw; the Brnard County Board of Commimionm PrWty Appraiser. and Cagraphie Ixformeon sarvicss do nal assume ® Notiruatim bailer respoacsbility for arrvrs or "unison: mntaumd hsram © F=el/lut kohries Produced bT &ward County Property Appraiser Office — GM luxe 2Z 19Z Number on map correspond to miffing Rat lot-kawoo kwg5�zv `'�--- ------ - LOCATIONMAP ZmDlt UJLZX It monrMID t - j . i J TrOLT.ItD i ♦ J _..—__ .,/ \ Lr Q •, rsra. _ �T.O!57 BL!'D.: E. �_ �/ �\\•/✓_\ q / --- i17NL 6i [' L\RDOIDR ---_ M4 6 Enyva 71, - \ - �` ; (, """''3A'1C'€'L ?r -iictaoe do • '-'m�atn ' — �'frR.LL HLVOr RAL BLVD X. �y+tTMLHL 8.. ...' / _.-:ale •:3OVLIC "' �• . ---------- / •; motor" Yr cararonrw:: 73 caarAixkAc � R ,� ...w.r� HAM ••._.� iia J : �I1�' Il,A� < 4 � IA :.:.. T�xYExsTv A3f.11®la x4: - G ' AY • • � '142.-C AV �v..'w. 30 i •.rCAMSIUMISIX • it.VL9ORd --ALIT - - _ 1 kmrd Coanty ProMtl AppzL-w. rtm Yard BUFFSIt DMANCE 500 FM VMCANY NLM)/ADDRESS: Beed on data from the Rope tF AYpmmes Ofr= YAPS U IS 124000 (one inch =2000 f4 "" IGHT, GREG This map mese emnpilai from rawded documents and does not rifled ® Notification Wfer an adual ra-u q. the Bmwd Comniy Board of Cammiss VT, baanduie OTNU NANXS)/ADDRIM Property %ppraiser, and C®9raphic In formation s—do na =me mpeuawy for arms a ammir wu Matained ACWL © Roach ,, I Nan-mdin6 ro.& Produed br. Brevard Coaaty Property iWabm Of xe - GI$ lune 23, 19M Parod of interest g.3102-i.u000 m,%501114 , here I APPLICANT NABS)/ADDRO I GU, CRW OTHER NARKS)/ADDRM RADIUS MAP \ '4 �\ I r � - mn�ur t 9 • r. U t . J / r.1! � � n i a a a a a a a a ?< < a SyGI�Ve� ✓LV c l ormc, r OOGt7ly� in Brerard Count1 FmPatI dpML-tr Tim Fold mm imam 500 Im &xd on data [ram the Fmpritp Appruees Office YAP 5CA18 S 11000 (ooe inch = AO [xij Thu map roar cmpa d farm nmrdcd daatmenta and dm ad refltd 1LC)OiQ an adt nnTF The Bmw Coanfy Boord of Cammussonm properly JRmi er, and Ceogtsphfo fa/ormation S� do ad aunmc ®�aurxatian baiTc mpoaa3ifily for mm ar ommu' n** c wnlainrd hmm ® esrcd/lot wuhries Produced bT Ihmrd Canaty Property IM&b rs Office — CIS, lune 2Z190E Number: on map cormcpond to mu'lin{ HA A The Times The Tribune Published Wcckry oil Wednesday Publishcd Weekly on Wednesday -. TO-LE3079-IT-9/5,1998-Sat. The Star Advocate - r NOTICE OF PUBLIC NEARING City Caunell the CNV The Ba Bulletin The of a Published Weekly on Wednesday — • Published Weck/y nn Id�ednesdsr Cape Canaveral. Florida will Holl a Public Hearing for the purpos, �� . y of enacting Ordinance No. 14-9 • ` , . A .and Ordinance Nos 25, 26 and 28 98 at the CIN Hall Annex, 11 Polk Avenue, Cape Canaveral Florida at 7:00 P.M., on Tuesday September IS, 1f98. The ordl nances in their entirety may b, Published Daily Inspected at the Office of the Cit,. Clerk during regular workint hours (8:30 a.m. to 5:00 p.m. Monday - Friday). STATE OF FLORIDA ORDINANCE NO. 14-96 AN ORDINANCE OF THE CIT) OF CAPE CANAVERAL, BRE COUNTY OF BREVARD VARD COUNTY, FLORIDA AMENDING CHAPTER 110, SEC LIS SWANSON VALUESES; OVIDING,F( Before the undersigned authority personally appeared PURPOSES; PROVIDING F( who on SEVERABILITY; PROVIDIP LEGAL ADVERTISING CLERK FOR REPEAL OF AND NFLICTII oath says that she is ORDINANCES; AND DATE. ORDINANCE FOR AN EFFECTIVE DATE. ORDINANCE NO. 25-98'Q' AN ORDINANCE OF THE Cl' of the FLORIDA TODAY COUNCIL OF THE CITY I . a newspaper published in Brevard County, CAPE CANAVERAL, FLORID RELATING TO COMPREHEI Florida; that the attached copy of advertising being a LEGAL NOTICE SIVE PLANNING; SETTIP FORTH AND ADOPTING TP FIRST SMALL SCALE PL/ AMENDMENT FOR 1998 1 PROVIDED IN CPA -S98 - in the matter of WHICH SHALL AMEND Tt COMPAN F CITY OF CAPE CANAVERAL TURE LANDNSIVE U E MAP; PR VIDING. AN EFFECTIVE DA' AND LEGAL STATUS OF TI PLAN, AMENDMENT; PROVI in the ING Court THE POLAN AMENDMENT TTAL � :THE'DEPARTMENT OF COI NOTICE OF PUBLIC HEARING MUNITY AFFAIRS; PROVIDII FOR REPEAL OFPRIOR AI was published in the FLORIDA TODAY NEWSPAPER in the issues of SEPTEMBER 5, 1998 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper published in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above. and has been entered as second class mail matter at the post office in MELBOURNE said Brevard County.. Florida. for a period of one year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any Person. firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper, IF (Signature of Affiant) Sworn to and subscribed before me this_ le 9-8 LINDA L lot CJ06TAAi J., .9O' My �. rt! Y a Personally Known Type of Identification Produced 5 day of SEPTEMBER v - -- v- %,q., ature of Notary Public LINDA L. BRAUD MAP TO tFttLiIYE DAIS. ORDINANCE NO.28-98 AN ORDINANCE OF THE CIT' OF CAPE CANAVERAL, BRE VARD COUNTY, FLORIDA AMENDING CHAPTER 110, AR TICLE IX SUPPLEMENTAR' DISTRICT REGULATIONS, B' OF THE CITY OF CAPE ING FOR SEVERABILITY; PRI VIDING FOR REPEAL C CONFLICTING ORDINANCE AND PROVIDING FOR AN EI FECTIVE DATE. Pursuant to Section 286.101 Florfda Statutes, the City here advises the public that: If a pe son decides to appeal any del slon made by the City Coun with respect to any matter co sidered at this meeting, that pe son will need a record of the pr ceedings,-and for such Punic that Person may need to ensu that a verbatim record of the pr Ceedings Is made, which reco Includes me testimony and eI dente upon which the appeal Is (Name of Nolary Typed. Printed or Stamped) 'the Introduction or evidence of othery ble Or Irrelevant does N authorize appeals not othery law. Persons wil or Produced Identification needing assistance In any of these should contact the fig (8f8-1221) 48 ' k WI-.11tiOJ�.1 Meeting Type: Regular Meeting Date: 09-15-98 AGENDA REPORT AGENDA Heading Ordinances - 2nd Reading Item 7 No. See supporting.data and application on CPA -598-1. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 26-98, REZONING REQUEST R-3 TO C-1, RADISSON HOTEL DEPT. /DIVISION: LPA/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this rezoning request. Summary Explanation & Background: This request is for a 4.66 acre parcel adjacent to the Radisson property. The subject parcel would change from R-3 to C-1 on the official zoning map. The Local Planning Agency has recommended this rezoning request at their 08-26-98 meeting. See supporting.data and application on CPA -598-1. Staff also recommends approval. Exhibits Attached: Ordinance No. 26-98 Cityr s" ffice � -, Prfan�g,� Department LPA/GROWTH MGMT L_ - M E M O R A N D U M Date: August 27,1998 To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Ordinances 25-98 and 26-98, Small Comp. Plan Amendment - Radisson JZesort The Local Planning Agency reviewed the above proposed ordinances and request to rezone a portion of Parcels 750 & 754 from the existing R-3 to C-1 for the expansion of the Radisson Resort. Mr. Firkins, representative for Cevesco, Inc., property owner, informed the Board that Mr. Baugher, applicant, had a binding contract to purchase the property if the City approves' the rezoning request. By unanimous vote, the Local Planning Agency recommended approval. Please schedule this request on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk SIC ORDINANCE NO. 26-98 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO C-1 (LOW DENSITY COMMERCIAL DISTRICT) AS DESCRIBED IN EXHIBIT "A"; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Local Planning Agency ("LPA") of the City of Cape Canaveral, Florida, has held a public hearing on changes to the zoning classification on the property indicated below; and WHEREAS, LPA has reviewed the property owner's petition for a rezoning of the property to C-1 (Low Density Commercial) and issued a recommendation to approve the rezoning to the City Council; and WHEREAS, the public was heard at a regular meeting of the City Council on the petition requesting changes indicated below and, after full discussion, the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification; and WHEREAS, the City Council, based on the reasons and findings stated in the analysis and recommendation of the staff, has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan. NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. That the Official Zoning Map of the City of Cape Canaveral, Florida, as described in Section 110-245, Official Zoning Map, is hereby amended to include a change of classification from R-3 (Medium Density Residential District) to C-1 (Low Density Commercial District) for the property legally described as: . See Exhibit "A" Attached Hereto SECTION 2. That the development of the property as described in Exhibit "A' shall be governed by the provisions of Chapter 110, regarding the C-1 zoning district, of the Zoning City of Cape Canaveral Ordinance No. 26-98 Page 2 Ordinance of the City of Cape Canaveral, Florida, or any amendments, modifications, additions, or recodifications thereto. SECTION 3. All ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict or inconsistency. SECTION 4. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. - - SECTION 5. This Ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of 1998. ATTEST Sandra O. Sims, CITY CLERK Approved as to Form: Kohn BenrLett, CITY ATTORNEY to ct r fin ad= Rocky Randels, MAYOR Name Joy Salamone Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels First Reading: Posted: Published: Second Reading. � 3 For Against City of Cape Canaveral Ordinance No. 26-98 Page 3 Exhibit "A" All that certain land situated in Brevard County, Florida, viz: Meeting Type: Regulai Meeting Date: 09-15-98 AGENDA REPORT AGENDA Heading Ordinances - 2nd Reading Item 8 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-98, AMENDING SECTION 110-567(b) RELATIVE TREE POINT VALUES FOR LANDSCAPING DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider this amendment as recommended by the Planning & Zoning Board and Beautification Board. Summary Explanation & Background: The proposed amendment would increase the minimum DBH of a required tree to be 3 inches instead of 1 to 2 inches. Point values are tied to the (2) grades of trees allowed to be planted, Florida Fancy and Florida #1. I recommend approval. Exhibits Attached: Staff Report Dated 08-13-98; Ordinance No. 14-98; Existing Code City ex's Of rice Department P&Z/GROWTH MGMT r' —rj� 70, 1Y 70.uuc Late: August 13, 1998 ty of Cape Canaveral To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official . Re: Proposed Ordinance 14-98, Criteria for Interior Landscaping for Offstreet Parking Areas. The Planning & Zoning Board reviewed proposed Ordinance 14-98, Criteria for Interior Landscaping for Offstreet Parking Areas, at their meeting held on August 12, 1998. After discussion, the Board unanimously recommended City Council approval of the proposed ordinance. City staff also recommends approval of the proposed ordinance. Please,schedule the ordinance on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk 105 Polk Avenue • Post Office Bog 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ ty of Cape Canaveral FF REPORT TO: Planning and Zoning Board Members. FROM: Steven E. Bapp, Planning and Zoning Technician. Re: Ordinance 14-98. Ordinance 14-98 refines the criteria for interior landscaping as per Section 110-567, City of Cape Canaveral Code of Ordinances. The Planning and Zoning Board recommended a proposed ordinance increasing the required Diameter at Breast height (dbh) for interior landscaping. The Mayor and City Council wish to enhance the quality of interior landscaping. This will be accomplished by rewarding a higher number of 'points' for a higher quality landscaping materials. The two grading codes, Fancy and 41, are accepted terms and definitions as per the Florida Department of Agriculture and Customer Services, Division of Plant Industry. Cc: Whitey Moran, CBO, City of Cape Canaveral File 105 Polk Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 9 FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ Memo To: Frau CC. -'-�- ---Date: Kohn Bennett, City Attome Whitey Moran, CBO Bennett Boucher, City Manager 07/15/98 From the desk of the: Building Official Ree Amendments to Proposed Ordinance No. 1498 Requested by City Council Members. I have re -formatted the referenced Ordinance and have included the text that I feel is appropriate to accomplish the Councils request. Please review and advise. 0 Page 1 7-31-1998 1 1 : 43AM FROM AMAR I THER I AC. P_ A_ . 4076396690 P. 1 LAW OFFICES A7vrARi & THEMAC, P.A. Attar N" and Coa weiwre At "w Mcbmrd S. Amari E`er ]dam VnKVF R, Addim, Sr. Reply To: Cocoa P.O. BoxMarr swan 96 WWued Stm!4 Sate 302 Carla NWey Woktag P.O. Box I 7 AndLay A. Gargonwe Coca, FloridaSdZ9Li-1507 MkchA S. G Nmaa Teftime (4 SV L3Zo J. WesieT Howie Fax (407) 639 -QM Lee Marimeai ----------- Msrk 8. Peters Day" X Prsaick Inapesiel PLza suite B204 CLarief x. S walxrg 670 N. VVick% m► Bard Jaa nes 3. Therisc, IIi Mebbvor,we, x>�■ 3240 Tdepime (4071 269-6671 "AftWed PA„ 'VA, TN only DRAMIM Fax (4" 259-60A TO: Bennett C. Boucher, City Manager FROM: Kohn Bennett, City Attorney DATE: July 30, 1998 RE: Landscaping/Tree Point Ordinance Change I have reviewed the most recent changes to the interior landscaping for offstreet parlang areas ordinance contained in Section 110-567, as proposed by the building official, and I believe it is in acceptable form and content in that it incorporates the concerns of the Council which were expressed at a prior meeting. Please place this item on the next Council Agenda. It is up to you whether you want to place it *as a discussion item or as a first reading of the ordinance. KB/edr - If you have any questions, please do not hesitate to contact me. 07/31/98 11:48 TX/RX N0.5503 P.001 ORDINANCE NO. 14-95 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Paragraph (b) of Section 110-567, Interior Landscaping for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof- (b) hereof (b) Tree value points referred to in subsection (a) of this section shall be grade Florida Fancy or Florida #1 and will have the following values: Florida Fancy Florida # 1 Points Tree Points 10 Large and medium species, ten feet tall 7 with greater than three-inch diameter (dbh) and two -foot spread. 5 Small species, six feet tall with two to 4 three inch diameter (dbh) minium and two -foot spread. 5 Cabbage palms, minimum height six 4 feet (overall). 5 Nonnative palms, minimum height three 4 feet (overall). SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this City of Cape Canaveral, Florida Ordinance No. 14-98 Page 2 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 parts of an ordinance, in conflict herewith is 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 Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: TO FROM: M MEMORANDUM Whitey Moran Building Official Ed Gardulski Public Works Director Tree Grading and Points System July 15, 1998 On July 14, 1998, the Public Works Director presented to the Beautification Board a proposal to change the landscaping requirement for new construction by the addition of a grading and point system for trees. The Beautification Board approved City's Staff recommendation to add the additional grading and point system. Attached is a copy the grading and point system presented. A motion was approved unanimously by the Board members present. GRADING SHADE TREES INTRODUCTION Since most trees have a life expectancy of many years, it is important to plant good quality trees. The quality or grade of a tree at planting can have a large impact on longevity in the landscape. Tree quality is based on trunk, branch, crown, leaf and root characteristics. I, e - �aturing trees which are allowed to develop a double or multiple trunk should not be planted. These are sturdy when they are young but could become increasingly hazardous as they grow larger. Except for small -maturing trees normally grown with multiple trunks, such as crape -myrtle, buttonwood, Japanese ligustrum and others, nursery trees should have one trunk up through the center to the top of the tree. Live oak and some other trees n grow with a modified dominant leader as shown in Fig. I on page 10 (Florida Fancy). Branch diameter should not be larger than 2/3 the diameter of the trunk measured directly above the branch. There should be no -flush cuts anywhere on the tree and no open injuries on the trunk or major branches. The crown should be full of foliage and show little, if any, evidence of chlorosis, necrosis, disease or insect infestation. The root ball should be appropriately sized (see any matrix, e.g., page IQ). Such a tree is given the top grade—Florida Fancy. Trees graded Florida #1 may require some corrective'pruning so they develop good trunk and branch structure. They may have minor trunk injuries or could have other defects. Defects can be corrected by pruning the tree once or twice within a year or two after planting. Florida #2 is a lesser grade. These trees require major corrective pruning to form a structurally strong tree, or are badly misshapen. Great skill and effort (two or more prunings) are required to develop a structure in these trees which will promote longevity. Defects may take several years to correct. The lowest grade is a. Cull. Defects are not rectable. These trees lack vigor and/or have poor trunk and branch structure or circling roots. They have other problems such as open wounds, flush cuts or loose root ball which may prevent them from becoming established in the landscape. If they become -established, long life is unlikely. The better grades of trees will require less pruning after planting, and they will establish more - quickly. These have been properly trained and pruned in the nursery to develop a structure which will be resistant to damage from winds and other outside forces. Most tree maintenance budgets have not been developed to allow for pruning a tree after planting, so it makes sense to start with a tree which is healthy and well formed. If there is a large tree - pruning allocation in the Iandscape maintenance budget, trees with the poorer grades may be trained into sturdy trees in the landscape by skilled arborists. Special Note: There is a specialty market for trees trained into forms which are not typical of their normal growth habit. Examples include standards, braided stems, poodles, espalier, topiary and bonsai, to name a few. When grading these trees, the height, spread and root -ball diameter -to - caliper relationships outlined in the matrices for these grades and standards do not apply. Therefore, when grading such trees, enter the grading process outlined below beginning at Step 6, skipping Steps 1. through' 5. Large -maturing trees, such as oaks, ae always graded beginning with Step I unless the planting specifications indicate that the trees will be maintained as topiaries or other small, clipped specimens throughout their lives in the landscape. Grades established for trees (Florida Fancy, Florida #1, and Florida #2) do not apply to trees used in wetland mitigation. For trees used in wetland mitigation, refer to the wetland section of this manual. W J ca G ui c � m ami Y N C C3 (U� U � (6 .a > cc > Cc m c am'3 a� E Y Y Y Y Y Y U E E E o o o o o 0 0 co =' � L 'y N 3 U3 Lu a > `Q `� `� co CD cu 0 co co m m m cc j - W w tL o CD C� CD Ln to CD Ln CD to CD tf7 C? -C.7 = N d 0. O > C/) r M Ln ' (� r r N tet- CD Ln m In Ln O ,N = U O O NLn 3 v �_y. v ^ cu u L � ,1„ M. L L m- - - _ cu - CC- R O O W 0 0 I I I N r r CD T 00. r co r O N ct N O co CO co CD m _ J [T LL C 4 p u Q h- _ - - - v Op O N LL1 m O~ CD CQ r CrD 0 N co co 00 L c GL v e R O N (*7 [ 7 V '�! V c 3 u c °° c a°1i ca E c u Z - - CD CO CO O - - �7 o x C o- u rs - m cc u W r . N C'7 NI d' In Ln CD I` CO Qi v vpi L G N p 00 N "t O CD N cc \ \ L L z T- N Co CO G tt Lo CD Ln CD c za E=� Nd 0 E lL O V O CD - - - - a ` • o u E E : § 110-567 CAPE CANAVERAL CODE (4) Parking areas in the C-1 and M-1 districts and parking areas in the R-3 districts that (b) Tree value points referred to in subsection contain 16 or more parking spaces shall be (a) of this section will have the following values: planted to a width of at least two feet of the Points aee i entire perimeter facing the public right -of - way, except for ingress and egress and side- 10 Large and medium species, ten walks. The perimeter shall be planted with feet tall with two-inch diame- decorative shrubs and bushes three feet in ter (dbh) minimum and two -foot height to form a visual screen with aden- spread. 5 sity of 80 percent within two years of plant- Small species, six feet tall with ing. Perimeters facing such public right -of- one -inch diameter (dbh) mini_ way shall, in addition, have five tree value mum and two -foot spread. 5 Cabbage points planted every 35 feet with at least ten free values on a palms, minimum height six feet (overall). minimum 50 -foot C-1 lot'and -15 tree values on the minimum 75_ 5 s, minimum eight three feepaltl(overall). foot R-3 lot. (5) No trees shall be planted that will obstruct visibility at intersections or points of in- gress and egress to streets. See section 110- 469. The perimeter footage defined in sec- tion 110-469 and ingress and egress shall not be used to calculate landscaping of pe- rimeters. t6) Existing trees in proposed internal parking areas as listed under subsection (b) of this section shall not be removed if over three inches diameter at breast height (dbh) with- out a permit from the building official. Ev- ery effort shall be made to build, pave or otherwise construct around existing trees of value. (7) Each landscaped area, both within the in- terior parking area and around the perim- eter, shall be served by a functioning un- derground sprinkler system adequate to maintain all landscaping. (8) All landscaping specified in this subsection shall be properly maintained and replaced if for any reason it does not survive. :9) The value of the landscaping for the inter- nal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one percent of the total cost of the project, including land acquisition, or three percent of the project, excluding land ac- quisition, whichever is greater. (c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall be consid- ered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the plant- ing is in an area subjected to salt air, the B (bar- rier island) designation shall be present, which meets the state requirement to tolerate xeric con- ditions. Otherwise, documentation must be pre- sented as provided in section 110-566(d). (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94) Sec. 110-568. Preservation of trees in all dis- tricts. During the development of any project, all trees of four inches in diameter or larger shall be pre- served or replaced unless they exist within: (1) A proposed public or private easement. (2) A proposed structure dimension. (3) Aproposed driveway or designated parking area in the R-1 or R-2 districts. See sections 110-566 and 110-567. (4) Ten feet of a proposed structure. (Code 1981, § 641.59) Cross reference—Preservation of trees, § 102-26 et seq. Secs. 110-569-110-580. Reserved. :). No. 1 CD110:70 M Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Ordinances — 2"d Reading Item 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 28-98, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATING NONCONFORMING STRUCTURES DEPT./DIVISION: BUILDING DEPARTMENT Requested Action: That the City Council consider approval of Ordinance No. 28-98 amending Section 110483, Wireless Telecommunication Towers and Antennas. Summary Explanation & Background: This ordinance clarifies the code's intent to allow towers to be rebuilt on-site with less intrusive construction and allowing for collocations of antennas Exhibits Attached: Ordinance No. 28-98; Planning and Zoning recommendation memorandum; and Staff Report and Recommendation to the Planning and Zoning Board. City M er' Office Department: BUILDING DEPARTMENT councii1/19 9- -98/28-98.doc c:\from g drive\admin\council\meeting\1998\09-15-98\28-98.doc ORDINANCE NO. 28-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION 110-483, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR REVISIONS OF THE ADMINISTRATIVE USES AND AN ADOPTION OF PROVISIONS REGULATION NONCONFORMING STRUCTURES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; 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. Section 110-483, 6(a)(5) is hereby deleted in its entirety, and the following is adopted in lieu thereof: Sec. 110-483. Wireless telecommunication towers and antennas. 6(a)(5) In connection with any such administration approval, the building official may, in order to encourage shares use, administratively waive any zoning district setback requirements in subsection 7(b)(4) or separation distances between towers in subsection 7(b)(5). SECTION 2. Section 110-483, 6(b)(1)(b)(iii)(a) is hereby deleted in its entirety, and the following is adopted in lieu thereof: Sec. 110-483. Wireless telecommunication towers and antennas. 6(b)(1)(b)(iii)(a) A tower which is being rebuilt that will accommodate collocation of additional antennas may be moved onsite within one hundred feet (100') of its existing location. SECTION 3. Section 110-483, 6(b)(1)(iii)(c) is hereby deleted in its entirety, and the following is adopted in lieu thereof: Section. 110-483. Wireless telecommunication towers and antennas. 6(b)(1)(b)(iii)(c) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between City of Cape Canaveral, Florida Ordinance No. 28-98 Page 2 towers pursuant to subparagraph 7(b)(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subparagraph 7(b)(4) or 7(b)(5). SECTION 4, Section 110-483 6(b)(1)(b)(iii)(d) is hereby deleted in its entirety, and the Following is adopted in lieu thereof: Section. 110-483. Wireless telecommunication towers and antennas. 6(b)(1)(iii)(d) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subparagraphs 7(b)(4) and 7(b)(5) shall only be permitted when approved by the _building official. SECTION 5, Paragraph 11 of Section 110-483 is hereby adopted as follows: Section 110-483. Wireless telecommunication towers and antennas. 11. Nonconforming towers shall be allowed to be rebuilt and relocated elsewhere on the existing site with administrative approval of the building official under the following conditions: (a) The tower does not exceed the maximum height allowed in 110-483, 4(o). (b) The tower does not reduce the existing setback from residentially zoned property. (c) The tower does not reduce the existing separation distances from other existing towers. (d) The tower includes the provision for the collocation of antennas. (e) The tower is designed to be less intrusive than the existing tower. (f) The existing tower is removed within thirty (30) days of completion of the new tower. SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict. City of Cape Canaveral, Florida Ordinance No. 28-98 Page 3 SECTION 7. If any provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining provisions of this Ordinance. SECTION 8. This Ordinance shall be effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. _ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bums Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos APPROVED AS TO FORM: Rocky Randels Joy Salamone Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Ordinances\Wireless Telecommunications Amend.doc ZONING § 110-483 Supp. No. 5 CD110:64.3 proval and determine if the proposed institutional, or multi -family use complies with subsections 4., structure of eight or more dwell - 7.(b)(4) and 7.(b)(5) of this section. ing units, provided: (4) The building official shall respond to (i) The antenna does not ex - each such application within 60 days tend more than 30 feet after receiving a fully completed ap- above the highest point of plication by either approving or de- the structure; nying the application. If the building (ii) The antenna complies with official fails to respond to' the appli- all applicable FCC and cant within said 60 days, then the FAA regulations; and application shall be deemed to be (iii) The antenna complies with approved. all applicable building (5) In connection with any such admin- codes. istrative approval, the building offi- (b) Antennas on existing towers. An cial may, in order to encourage shared antenna which is attached to use, administratively waive any zon- an existing tower may be ap- ing district setback requirements in proved by the building official subsection 7.(b)(4) or separation dis- and, to minimize adverse vi- tances between towers in subsection sual impacts associated with 7.(b)(5) yup to 50 percent. c> i the proliferation and clustering (6) In connection with any such admin- of towers, collocation of anten- istrative approval, the building offi- nas by more than one carrier cial may, in order to encourage the on existing towers shall take use of monopoles, administratively precedence over the construc- allow the reconstruction of an exist- tion of new towers, provided ing tower to monopole construction. such collocation is accomplished (7) If an administrative approval is de- in a manner consistent with the following: nied, the applicant shall file an ap- (i) A tower which is modified plication for a special exception pur-. or reconstructed to accom- suant to paragraph 7. prior to filing modate the collocation of any appeal that may be available an additional antenna under the zoning ordinance. , shall be of the same tower (b) List of administratively approved uses. type as the existing tower, The following uses may be approved by unless the building offi- the building official after conducting an cial allows reconstruction administrative review: as a monopole. (1) Locating antennas on existing struc- (ii) Height. tures or towers consistent with the (a) An existing tower terms of subparagraphs (a) and (b) may be modified or below. rebuilt to a taller (a) Antennas on existing structures. height, not to exceed30 Any antenna which is not at- feet over the tower's existing tached to a tower may be ap- height, to accommo- proved by the building official date the collocation as an accessory use to any com- of an additional an- mercial, industrial, professional, tenna. Supp. No. 5 CD110:64.3 M E M O R A N D U M Date: August 27, 1998 To: Bennett Boucher, City Manager From: G. J. Moran, CBO, Building Official Re: Proposed Amendment to Code Section 110-483, Wireless Telecommunication Ordinance The Planning & Zoning Board has reviewed the above proposed ordinance as requested by City staff. After discussion, the Board unanimously recommended approval of the proposed ordinance. Please schedule this request on the next City Council meeting agenda. copied to: Sandy Sims, City Clerk _August 25, 1998 Y REPORT TO: Planning & Zoning Board Members FROM: Whitey Moran, Building Official SUBJECT: Request to Amend Code Section 110-483, Telecommunications Towers. The attached proposed amendments are designed to eliminate an oversight in the ordinance. The ordinance was intended to make it allowable to rebuild a tower on site with the intent to make it less intrusive, more attractive, allow for collocation of antennas and make an overall improvement to existing sites. As written it did not accomplish the intent completely. With assistance of the City Attorney, Kohn Bennett, staff has addressed the pertinent issues and has confidence that the attached proposed amendments will accomplish the intent. Staff recommends that the Planning & Zoning Board members place this request on the next scheduled meeting agenda and at that meeting send the proposed amendments to the City Council with a recommendation for approval. 105 Polk Avenue • Post Office Boz 326 • Cape Canaveral, FL 32920-0326 Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Resolution$ Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-25, REAPPOINTING TWO REGULAR MEMBERS TO THE BOARD OF ADJUSTMENT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Mrs. McKone and Mrs. Collins to the Board of Adjustment. Summary Explanation & Background: Their terms will expire on 10-01-2000. Please advise. Exhibits Attached: Resolution No. 98-25 City er' Office Department LEGISLATIVE g:/a council/mee 998 - 8/98-25.doc RESOLUTION NO. 98-25 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 2-83 (Zoning Code Section 110-26) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby reappointed as a regular member of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1. 2001. SECTION 2. is hereby reappointed as second alternate member of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2001. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this day of , 1998. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Rocky Randels, MAYOR FOR AGAINST Kohn Bennett, CITY ATTORNEY \\CAPE-NT\cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Board of Adjustment.doc Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Resolutions Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-26, REAPPOINTING OF (4) REGULAR MEMBERS TO THE RECREATION BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Mr. Renshaw, Mr. Finnigan, Mr. Gorham and Mr. Schmidt as regular members to the Recreation Board. Summary Explanation & Background: Their terms will expire on 10-01-2000. Please advise. Exhibits Attached: Resolution No. 98-26 City e ' Office Department LEGISLATIVE �---UC�-WmA'ng/199- 8/98-26.doc RESOLUTION NO 98-26 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 24- 64 created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. and are hereby reappointed as members of the Recreation Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2000. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 1998. ATTEST: BURT BRUNS Rocky Randels, MAYOR FOR AGAINST Sandra O. Sims, CITY CLERK TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS APPROVED AS TO FORM: JOY SALAMONE Kohn Bennett, CITY ATTORNEY G:\CityClk\Resolutions\BOARDS\REAPPrRecreation.doc Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heeding Resolutions Item 12 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-27, REAPPOINTING THREE REGULAR MEMBERS TO THE LIBRARY BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the reappointment of Mr. Grady, Mrs. Atwood and Mrs. Gallagher as regular members of the Library Board. Summary Explanation & Background: Their terms waj1 expire on 10-01-2000. Please advise. Exhibits Attached: Resolution No. 98-27 City TjWLer' Office Department LEGISLATIVE gaa-ouncil/ eetin / $ - 5-98/98-27.doc--- ,-- ` RESOLUTION NO. 98-27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 253 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. and are hereby reappointed as a regular members of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2000. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this day of 1998. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Rocky Randels, MAYOR FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE G:\CityClk\Resolutions\BOARDS\REAPPMibrary.doc Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Resolutions resn 13 No. Resolution No. 98-28; Copy with changes indicated AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-28, ADOPTING A NEW BUILDING PERMIT FEE SCHEDULE DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider the adoption of this new building permit fee schedule. Summary Explanation & Background: The existing fee schedule was enacted in October of 1992. Staff recommends approval. Exhibits Attached: Resolution No. 98-28; Copy with changes indicated Cityer Office f' Department BUILDING ,� DEPARTMENT/PUBLIC SAFETY \,t:/ad ' uncil/mee' / -1 -98/98-28.doc RESOLUTION NO. 98-28 A RESOLUTION RE-ESTABLISHING MINIMUM PERMIT FEES, PLAN CHECKING FEES, REINSPECTION FEES, AND FEE SCHEDULE FOR SITE PLANS AND REPLAT/SUBDIVISION OF LAND FOR THE CITY OF CAPE CANAVERAL, FLORIDA; REPEALING RESOLUTION NO. 92-56; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Building and Development Fees established by Chapter 82-2 of the Code of Ordinances of the City of Cape Canaveral, Florida, may be amended by Resolution of the City Council; and WHEREAS, it has been determined that the Building Permit Fee Schedule should be revised. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: Section 1. The Building Permit Fees set forth in Chapter 82-2 of the Code of Ordinances are hereby repealed in the entirety and replaced with the following: Chapter 82. Buildings and Building Regulations (a) Building permit and miscellaneous fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued: (1) Permit fees by total valuation: a. $500.00 or less: No inspection required ................... No fee Inspection required, for each inspection ...... 30.00 b. $500.00 to and including $1000.00 ................ 45.00 C. $1001.00 to and including $2000.00 ...................... 60.00 d. $2,001.00 to and including $20,000.00 City of Cape Canaveral, Florida Resolution No. 98-28 Page 2 Appendix B Schedule of Fees 1. For the first $2000.00 ........................................ 60.00 2. For each additional $1,000.00 or fraction thereof, to and including $20,000.00 ................ 5.00 e. $20,001.00 to $100,000.00: 1. For the first $20,000.00 ............ 150.00 2. For each additional $1,000.00 or fraction thereof, to and including $100,000.00 .............. 5.00 f. $100,001.00 to $500,000.00 1. For the first $100,000.00 .............. 550.00 2. For each additional $1,000.00 or fraction thereof, to and including $500,000.00 ......... 4.00 g. $500,001.00 and up 1. For the first $500,000.00 ......... 2,150.00 2. For each additional $1,000.00 or fraction thereof. 3.00 Total valuation for assessment of permit fees for new commercial and residential construction shall be based on the latest valuation data published by the Southern Building Code Congress. When construction valuation is required to determine the permit fee, in cases such as remodeling projects, such valuation shall be based upon the actual construction contract price, with satisfactory evidence of same being submitted to the building official, or a construction cost estimate made by the building official, except as otherwise provided in this section. (2) Miscellaneous: a. Well, deep or shallow ................. 30.00 b. Moving of building .................................................................. 150.00 c. Demolition of building:, calculated on Actual contract cost using sub -section (a) above; Minimum fee ................................... 60.00 d. Roofing and re -roofing: 1. $0.00 to $1000.00 ......................................60.00 2. Over $1000.00 calculated on actual contract cost using sub -section (a) above. City of Cape Canaveral, Florida Resolution No. 98-28. Page 3 e. Certificate of occupancy .......... ...... 30.00 (b) Plumbing. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single-family, per bath or portion thereof .. 60.00 b. Duplex, triplex and multi -family, per bath or portion thereof .......................... 60.00 C. Hotel/motel, per unit .................. 60.00 (2) Remodeling, alterations, additions, repairs, minimum plumbing permit .............................. 30.00 Refer to subsection (a) on valuations in excess of $1,000.00. (3) Sewer tap inspection fee ........................ 30.00 (c) Electrical. In addition to any fee or fees charged in subsection (a) above: Appendix B Schedule of Fees (1) New construction: a. Single-family ......... 100.00 b. Multi -family .......... 75.00 C. Hotel/motel, per unit ... 60.00 (2) Remodeling, alterations, additions, repairs minimum electric permit ....... 30.00 Refer to subsection (a) on valuations in excess of $1,000.00. (d) Mechanical. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single-family, per system or portion thereof 75.00 b. Duplex, triplex and multi -family per system or portion thereof 75.00 c. Hotel/motel, per unit 50.00 (2) Remodeling, replacement and repairs With construction cost less than $ 1000.00 Minimum mechanical permit fee 30.00 Refer to subsection (a) above for all other Mechanical installations with valuations in excess City of Cape Canaveral, Florida Resolution No. 98-28 Page 4 Appendix B Schedule of Fees Of $1,000.00. (e) Plan checking fee: (1) When the valuation of the proposed construction exceeds $1,000.00 and a plan is required to be submitted, a plan checking fee shall be paid at the time the permit is issued. The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall be in addition to the building permit fee. (2) When plans and specifications for construction are required, by the building official to bereviewed by a third party, i.e.; the SouthernBuilding Code Congress International, Inc. plan review service, a structural engineer or_ the city engineer, then the actual costs of such review shall be paid by the applicant, in addition to the plan checking fee, whether a building permit is issued or not. The building official may require a deposit of estimated cost for engineering fees upon receipt of the application for a building permit. (3) Preliminary review of construction plans shall _be charged per hour or portion thereof @...25.00 (4) Review on construction plan revisions shall be charged per hour or portion thereof @....... 25.00 (f) Re -inspection fees. When extra inspection trips are necessary due to partial inspections -wrong address, second call on rejected or condemned work, additional work done after inspection has been made, or work not ready for inspection when called, a charge of $25.00 shall be paid in advance for each additional inspection or at the discretion of the building official on large projects prior to issuance of a Certificate of Occupancy of Completion. (g) Work started prior to issuance of permit — Double Permit Fee (ref. SBC 104.7.2) Chapter 86. Concurrency Management System (a) Concurrency evaluation review fee: (1) Multi -family project, per building ................. 100.00 (2) Commercial project, per building ................. 100.00 City of Cape Canaveral, Florida Resolution No. 98-28 Page 5 (3) Single-family home ............................. 100.00 Appendix B — Schedule of fees Proposed Revisions Page 5 (4) Improvements of insignificant impact (as defined by Ordinance No. 3-90) ............................ 20.00 (b) Reservation of priority of an applicant over subsequent applications is by prepayment of concurrency review fees Chapter 90. Floods Article IV. Stormwater Management (a) Permit fee ............................................ (b) Inspection fee ......................................... Appendix B — Schedule of Fees Proposed Revisions Page 5 Chapter 94. Signs (a) Permit fee shall be calculated on actual contract cost using sub -section (a) of Chapter 82 of Appendix B with a minimum fee of :..................... 30.00 (b) Re -inspection fee_.................................................................. 25.00 (c) For commencing work without a permit, all fees shall be double (d) Political sign deposit (refundable) ........................ 40.00 (f) Temporary signs and banners .......................................... 25.00 Chapter 98. Subdivisions (a) Variance application fee ................................ 250.00 (b) Plat fee schedule. The fee schedule for review of replat/ subdivision of land shall be: (1) One, two or three lots ........................... 37.50 (2) Four or more lots ............................... 50.00 Plus $7.50 per lot, not to exceed $500.00 (c) Resubmission. Changes to approved replat/subdivision of land City of Cape Canaveral, Florida Resolution No. 98-28 Page 6 shall be charged at a rate equal to 50 percent of the original fee. Chapter 102. Vegetation Article 11. Tree Protection (a) Removal of tree in lieu of replacement, per inch of dbh ... 50.00 Chapter 110. Zoning (a) Application for rezoning ............................. 250.00 (b) Application for proposed amendment to chapter ........ 250.00 (c) Application for a special exception or variance .......... 250.00 (d) Application for appeal of administrative decision ........ 250.00 Appendix B Schedule of Fees (e) Site plans: (1) Fee schedule. The fee schedule for sit plan review shall be: a. One, two and three residential units ...... 37.50 b. Four or more residential units ........... 50.00 Plus $7.50 per unit, not to exceed $500.00 C. Commercial structures, per acre of land or portion thereof ................................ 150.00 d. Extension of site plan ................... 150.00 (2) Resubmission. Changes to originally approved site plans shall be charged at a rate equal to 50 percent of the original fee. (f) Fence height exemption filing fee ....................... 35.00 Section 2. All resolutions and parts of resolutions such as, but not limited to, Resolution No. 92-56 (resolution increasing building permit fees for the City of Cape City of Cape Canaveral, Florida Resolution No. 98-28 Page 7 Canaveral) inconsistent or conflicting with any part of this resolution are hereby repealed to the extent of such inconsistency or conflict. Section 3. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 15th day of September 1998. ATTEST: Rocky Randels, MAYOR Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY FOR AGAINST 61 invainData As a service to our members, the SBCCI offers the following ft. The average costs include structural, electrical, plumbing O building valuation data, representing the current averag mechanical, interior finish, normal site preparation (excavation d backfill for build- ing), architectural and design fees, overhead and profit When usingge construction costs per sq. struction methods for each occupancy C this data, it should be noted that these are "averag " costs two categories: "g 6 p y �O°p and type of construction. These figures should be adjusted as a ro nate. Occupanciesdare don ivided d into g mood" and "average,"� to reflect the broad range of construction values. This data was comped by SBCCI using the Marshal! val- uation Service as published by the Marshall and Swift Publication Company, Los Angeles, California Note: Alabama is the base state for this table. Building Valuation Data produced March 31, 1998. Data in this table must be multi- plied by the appropriate regional modifier. Type of Construction4 Occupancy I II •III IV; VS 1 -HR VIS Assembly UNP 1 -HR UNP 1 -HR UNP Auditorium - Good - Average 115 110 89 57 Church 84 81 64 39 37 55 64 60 84 81 6 - Good 0 56 - Average 115 111 90 79 77 83 80 65 57 89 86 85 82 Gymnasium 5� 65 61 62 58 - Good - Average 91 91 73 66 64 67 67 5347 72 68 69 65 Restaurant 45 53 49 50 46 - Good - Average 01 75 83 77 75 82 66 75 Theater 75 57 56 79 79 - Good 65 61 61 57 - Average 111 106 77 69 67 83 80 55 48 76 72 72 68 Business 46 54 50 51 47 Office - Good - Average 98 9� 76 67 Research/Engineering 74 71 55 47 45 55 71 71 67 - Good 51 52 48 - Average 62 60 56 .49 47 47 45 40 34 55 57 51 48 Service Station 32 39 35 37 33 - Good - Average 95 91 76 74 72 86 82 64 61 7� 72 70 . 66 Educational 60 63 60 56 52 School - Good - Average 88 88 73 67 65 72 67 67 57 50 68 69 66 48 Factory -Industrial 56 52 53 50 Factory (light MGF) - Good Average 40 38 40 34 32 28 26 30 25 39 35 36Haza32 iazar ous (Sprinkler System Included)4 23 29 26 27 23 iazardous Good Average 42 39 42 36 34 29 28 32 26 41 37 37 34 nstitutional 24 31 2729 25 ,onvalescent Hospital Good Average 2 96 61 70 91 81 79 90 N/Pt 86 t 71 63 iospital N/Pt 67 NIDI Good 145 142 116 Average 115 113 92 63 �9 11,5 N/F'! 114 NMI "c,`! sit F� '-'irv.1 f y .rt, yt yt„ .� ,e Sc a "G'.•.: •iv>s � s � .at �+ 7''C `r, z.� v 3'LY-S-}� r.._Eir i ..Y .�'1 z. �.�1._s t .1' S t tl � � X-^ 1 > ,.- f' -c. J'. a � �Y'' . moi`-•.Je iL aiY..-a^.N ft rJ�. _Pi '�� �`���9����k� - Good �. - Average 34 27 33 26 N/D2 N/D2 N/D2 N/D2 ._ .I N/D2 N/D2 21 19 N/D2 N/D2 N/D2 :1 - HR = ' UNPUNP x Mercantile - Good _ __ - - Average 34 27 33 26 40 33 31 39 35 36 Department Stores 32 26 24 31 28 29 25 Repair Garage -Good 84 -Good _ - Average 81 71 44 53 51 43 70. 66 34 55 - Average 64 26 62 58 28 40 38 Warehouse 57 53 51 Mall Stores - Good - Average 45 33 43 29 35 26 30 28 35 31 31 27 Nntoc• 43 39 -Good 95 19 95 69 23 61 59 68 64 - Average 77 77 57 50 48 56 64 60 Mall -Concourse 52 52 49 - Good - Average 75 59 75 55 53 51 55 51 55 51 59 43 40 38 42 38 42 38 Retail Store -Good - Average 66 64 58 53 51 58 54 55 5141 52 51 46 40 38 45 . 43 39 Residential Apartments - Good 73 70 61 55 54 61 57 57 - Average 58 56 48 42 40 47 44' 53 Dormitories 44 41 - Good - Average 88 69 86 75 67 66 74 70 68 64 67 58 51 50 57 53 53 49 Homes for Elderly - Good -Average 88 69 86 78 72 70 77 73 74 70 67 60 54 52 59 55 56 53 Hotel - Good - Average 87 66 85 73 61 59 72 68 66 62 64 58 45 43 57 53 51 48 Motel - Good - Average 87 85 66 61 59 65 61 63 59 66 64 49 45 43 48 45 47 43 Single Family Residence3 - Good - Average 79 59 76 68 62 60 68 64 61 58 57 50 45 43 49 45 45 41 Storage Auto Parking Structure - Good �. - Average 34 27 33 26 N/D2 N/D2 N/D2 N/D2 N/D2 N/D2 N/D2 N/D2 21 19 N/D2 N/D2 N/D2 N/D2 Private Garage - Good _ __ - - Average 34 27 33 26 40 33 31 39 35 36 33 32 26 24 31 28 29 25 Repair Garage -Good _ - Average 45 33 45 33 44 35 33 43 39 38 34 32 26 24 31 28 28 25 Warehouse - Good - Average 45 33 43 29 35 26 30 28 35 31 31 27 Nntoc• 21 19 25 1 22 1 23 19 1. N/P-Not permitted by code. 2. N/D-insufficient data to determine average cost. 3. Unfinished basements $10.75/sq.ft. 4. For sprinklered buildings in other than hazardous occupancies add $1.75/sq.ft. 5. In Type IV, V, and VI, add $41,000 per elevator. 6. A good building will normally have some components which are only average, but many will be better than average. A good building is well insulated to utility standards, with packaged or May/June 1998 zoned air conditioning, and has more than the minimum code required plumbing fixtures, and lighting and electric outlets, with good quality fixtures, interior and exterior finishes, and carpets. 7. An average building has minimum model energy code insula- tion levels, with a forced air system, contains the minimum code required plumbing fixtures, lighting, electric outlets; and has average quality interior and exterior finish and minimum carpet. REGIONAL MODIFIERS ALABAMA 1.00 IDAHO 1.15 NEBRASKA 1.07 TENNESSEE Birmingham 1.06 1.05 Mobile 1.09 ILLINOISKnoxville 1.06 Opelika 0.95 ' 1.24 NEVADA 1.23 Memphis 1.09 ALASKA INDIANA 1.16 NEW HAMPSHIRE 1.10 Nashville 1.07 1.67 IOWA 1.19 NEW JERSEY 1.29 TEXAS ARIZONA 1.08. 1.00 KANSAS 1.05 NEW MEXICO Amarillo 1.02 ARKANSAS 0.98 1.03 Dallas/Ft. Worth 1.06 Little Rock1.04 KENTUCKY Gallup 1.17 El Paso 1.00 West Memphis 1.09 Covinston 1.09 Taos 1.24 Houston I.OS 1.17 Victoria 0,97 CALIFORNIANew Port 1.17 NEW YORK 1.21 Waco 1.27 1.02 LOUISIANA 1.02 NORTH CAROLINA 1.02 Wichita Falls 1.02 COLORADO 1.13 Baton Rouge - 1.03 Charlotte Aspen 1.45 New Orleans 1.04 UTAH I 1.04 Rale . 1 09 igh 1.06 CONNECTICUT Shreveport 1,03 VERMONT 26 1.19 NORTH DAKOTA 1.19 MAINE1.15 DELAWARE 1.22 VIRGINIA.. 1.02 MARYLAND OHIO 1.17 Alexandria 1.17 DISTRICT OF 1.10 Fredericksburg Baltimore 1.19 OKLAHOMA 1.16 COLUMBIA 1,18 0.99 Richmond 1.08 MASSACHUSETTS 1.26 Oklahoma City 1.08 FLORIDA 1.05WASHINGTON 1.29 Jacksonville 1.06 MICHIGAN OREGON 1,22 Miami 1.16 PENNSYLVANIA 1.18 WEST VIRGINIA 1.21 1.03 Orlando 1.10 MINNESOTA 1,22 Tampa 1.08 WISCONSIN 1.19 MISSISSIPPI 1.01 RHODE ISLAND 1.24 GEORGIA 1.04 Jackson 1.02 SOUTH CAROLINA 1.03 WYOMING 1.13 Atlanta 1.12 Columbia Columbus 1.02 MISSOURI 1.03 1.08 Myrtle Beach 1.12 HAWAII 1.65 MONTANA 1.15 SOUTH DAKOTA 1.11 0 r ������1�I������� fL.at�on a 5 nd 5 5 5 Research Conference5 5 October 4-8, 1998 5 Orlando/Orange County, Florida 5 Omni Rosen Hotel 5 5 9840 International Drive 5 Orlando, Florida 32819-8114 5 407-354-9840 5 800-800-9840 5 1 -800 -The Omni 1-800-204-7234 Within Florida Hotel rates single/double are $90.00; each additional person is $15.00. Children under 17 free. When making reserva-tions request group rate for Southern Building Code Congress International. For information about the conference, contact SBCCI at 205-591-1853, TTY 205-599-9742. 0nM��������LEP1PLEPE9�����........... ��0 Proposed Amendments to Appendix "B" Schedule of Fee's STRIKE OUT indicates deletions Underline indicates additions Chapter 82. Buildings and Building Regulations (a) Building permit and miscellaneous fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued: (1) Permit fees by total valuation: a. $108:88 $500.00 or less: 1. No inspection required ................... No fee 2. Inspection required, for each inspection .._..2� 30.00 b. $181-98^00.00 to $1,000 .010, Y -$ nnn rn er-raetien, to and including $2,088 9A 1000.00 ................25:88 45.00 C. $22,081:98 1001.00 to $29,00 :and including $2000.00 ....... 60.00 d• -1 F...=�_ the s $2,001.00 to and including $20,000.00.5G.() 1. For the first $2000.00 ........................................ 60.00 2. For each additional $1,000.00 or fraction thereof, to and including $20,000.00 ................ 5.00 d. e.. $20,001.00 to $100,000.00: 1. For the first $20,000.00 .............. 40- 150.00 2• For each additional $1,000.00 or fraction thereof, to and including $100,000.00 ..............4 W 5.00 e. f. $100,001.00 to $500,000.00: 1. For the first $100,000.00 .............. 4688 550.00 2. For each additional $1,000.00 or fraction thereof, to and including $500,000.00 ......... �@g 4.00 g $500,001.00 and up Appendix B - Schedule of Fees Proposed Revisions Page 2 1. For the first $500,000.00 ......... X00 2,150.00 2. For each additional $1,000.00 or fraction thereof.26W 3.00 Total valuation for residen assessment of permit fees for new commercial and residential construction shall be based on a square anH�F'"` `i "'avera` ' the latest valuation data published by the Southern Building Code Congress. When construction valuation is required to determine the permit fee, in cases such as remodeling projects, such valuation shall be based upon the actual construction contract price, with satisfactory evidence of same being submitted to the building official, or a construction cost estimate made by the building official, except as otherwise provided in this section. (2) Miscellaneous: a. Well, deep or shallow ................. _--25,490 30.00 b. Moving of building ..................:-4Ag- .99 150.00 C. Demolition of building:, calculated on Actual contract cost using sub -section (a) above: Minimum fee ................................... 60.00 ............. per 1,000 cubic feet ................ 0.50 d. Roofing and re-roofing- e-roofing1. "$0.00 to $100000 ......................................60.00 2. Over $1000.00 calculated on actual contract cost using sub -section (a) above d e. Certificate of occupancy ................ 25.00 30.00 (b) Plumbing. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single-family, per bath or portion thereof .. X0:00 60.00 b. Duplex, triplex and multi -family, per bath or Appendix B - Schedule of Fees Proposed Revisions Page 3 portion thereof .......................... 5g- 60.00 C. Hotel/motel, per unit .................. —0 60.00 (2) Remodeling, alterations, additions, repairs, minimum plumbing permit ....................... . • • • • • ..25-09 30.00 Refer to subsection (a) on valuations in excess of $1,000.00. (3) Sewer tap inspection fee ........................ 25_ 30.00 (c) Electrical. In addition to any fee or fees charged in subsection (a) above: (1) New construction: a. Single-family ......... —7S;Sg 100.00 b. Multi -family .......... 65.09 75.00 C. Hotel/motel, per unit ... 50-.09 60.00 (2) Remodeling, alterations, additions, repairs minimum electric permit ........ 2;5. 30.00 Refer to subsection (a) on valuations in excess of $1,000.00. (d) Mechanical. In addition to any fee or fees charged in • subsection (a) above: (1) New construction: a. Single-family, per system or portion thereof 75.00 b. Duplex, triplex and multi -family per system or portion thereof 75.00 c. Hotel/motel, per unit 50.00 (2) Remodeling, replacement and repairs With construction cost less than $1000.00 Minimum mechanical permit fee 30.00 Refer to subsection (a) above for all other Mechanical installations with valuations in excess Of $1,000.00. (e) Plan checking fee: (1) When the valuation of the proposed construction exceeds $1,000.00 and a plan is Appendix B -Schedule of Fees Proposed Revisions Page 4 (2) required to be submitted, a plan checking fee shall be paid at the time the permit is issued. The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall be in addition to the building permit fee. (2) When plans and specifications for construction are required, by the building official to be reviewed by a third narty i e the Southern Building Code Congress International Inc plan review service nstructural en ' eer or the city engineer, then the actual costs of such review shall be paid by the applicant, in addition to the plan checking fee, whether a building permit is issued or not. The building official may require a deposit of estimated cost for engineering fees upon receipt of the application for a building permit. (3) Preliminary review of construction Plans shall becharged per hour or portion then -of Q...25.00 (4) Review on construction Plan revisions shall be charged ver hour or portion thereof @ ... 25.00 (� Re -inspection fees. When extra inspection trips are necessary due to partial inspections wrong address, second call on rejected or condemned work, additional work done after inspection has been made, or work not ready for inspection when called, a charge of $25.00 shall be paid in advance for each additional inspection or at the discretion of the buildin official on lar a ro'ects rior to issuance of a Certificate of Occu an of Com letion. �L Work started prior to issuance of permit Double Pernut Fee (ref. SBC 104 7 2) Chapter 86. Concurrency Management System (a) Concurrency evaluation review fee: (1) Multi -family project, per building ............... . . 100.00 (2) Commercial project, per building ................. 100.00 (3) Single-family home ............................. 100.00 Appendix B - Schedule of fees Proposed Revisions Page 5 (4) Improvements of insignificant impact (as defined by Ordinance No. 3-90) ............................ (b) Reservation of priority of an applicant over subsequent applications is by prepayment of concurrency review fees Chapter 90. Floods Article IV. Stormwater Management (a) Permit fee ............................................ (b) Inspection fee . Appendix B - Schedule of Fees Proposed Revisions Page 5 Chapter 94. Signs (a) 20.00 Permit fee shall be calculated on actual contract cost using sub -section a Of Chapter 82 of A endix B with a minimum fee of......................30.00 (b) Re -inspection fee ........................... ......................... .... 25.00 (d) (d For commencing work without a permit, all fees shall be double (e) U Political sign deposit (refundable) ........... . 40.00 � Temporary signs and ..........................................25.00 Chapter 98. Subdivisions (a) Variance application fee ............................. ......................... 250.00 (b) Plat fee schedule. The fee schedule for review of replat/ subdivision of land shall be: (1) One, two or three lots ........................... ........................ 37.50 (2) Four or more lots ............................... .......................... 50.00 Plus $7.50 per lot, not to exceed $500.00 Appendix B - Schedule of Fees Proposed Revisions Page 6 (c) • Resubmission. Changes to approved replat/subdivision of land shall be charged at a rate equal to 50 percent of the original fee. Chapter 102. Vegetation Article II. Tree Protection (a) Removal of tree in lieu of replacement, per inch of dbh ... 50.00 Chapter 110. Zoning (a) Application for rezoning ............................. 250.00 (b) Application for proposed amendment to chapter ........ 250.00 Appendix B - Schedule of Fees Proposed Revisions Page 6 (c) Application for a special exception or variance .......... 250.00 (d) Application for appeal of administrative decision ........ 250.00 (e) Site plans: (1) Fee schedule. The fee schedule for sit plan review shall be: a. One, two and three residential units ...... 37.50 b. Four or more residential units ........... 50.00 Plus $7.50 per unit, not to exceed $500.00 C. Commercial structures, per acre of land or portion thereof ................................ 150.00 d. Extension of site plan ................... 150.00 (2) Resubmission. Changes to originally approved site plans shall be charged at a rate equal to 50 percent of the original fee. (f) Fence height exemption filing fee ....................... 35.00 Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Resolutions Item 14 No. Resolution No. 98-29 AGENDA REPORT CITY COUNCH. OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-29, ADDENDUM TO SHERIFF'S CONTRACT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council approve the addendum revising the contract price for 1998/99 FY. Summary Explanation & Background: See attached addendum. I recommend approval. Exhibits Attached: Resolution No. 98-29 City epi Office Department LEGISLATIVE anciil/mee - -98/98-29.doc RESOLUTION NO. 98-29 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Sheriff have entered into that certain Contract for Services dated October 7, 1997; and WHEREAS, said Contract contains a two (2) year term commencing on October 1, 1997, and provides that the City and the Sheriff shall renegotiate the contract price for the second contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Sheriff to provide for a revision of the contract price for the contract year October 1, 1998 through September 30, 1999. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Resolution No. 98-29 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this of 1998. ATTEST: Rocky Randels, MAYOR Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY G:\CityClk\Resolutions\CONTRACT\Sheriff Contract 98-29.doc FOR AGAINST ADDENDUM THIS ADDENDUM is entered into this 15th day of September 1998 by, between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and between Philip B. Williams, as Sheriff of Brevard County, hereinafter called "Sheriff". WITNESSETH WHEREAS, the City and the Sheriff have entered into that certain Contract for Services dated October 7, 1997 ("Contract"), which Contract is for a term of two (2) years; and WHEREAS, said Contract requires the City and the Sheriff to renegotiate the contract price for the second year of the Contract; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 1998 through September 30, 1999. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. -1- 2. Price Revision. Paragraph 5 of the Contract is amended to read as follows: "For the second year of this contract, the City shall pay to the Sheriff, the sum of $1,151,979 for operations and $57,762 for capital equipment for his performance hereunder. Sheriff shall separately account for all services rendered by him hereunder and, to the extent, that Sheriff's cost of performance is less than the contract price for any given year, city shall receive a rebate to the extent of such surplus. Payments shall be made in twelve monthly installments payable on or before the fifth day of each month, beginning October 1, 1998." 3. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, by its duly authorized officers, has executed this instrument this 15th day of September 1998. CITY OF CAPE CANAVERAL, FLORIDA, A municipal corporation By: Rocky Randels, Mayor -2- Attest: Sandi Sims, City Clerk (Corporate Seal) IN WITNESS WHEREOF, the undersigned Philip B. Williams, Sheriff of Brevard County, has executed this instrument this 15th day of September 1998. Attest: -3- Sheriff of Brevard County, Florida By: Philip B. Williams, Sheriff Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Resolutions Item 15 No. Resolution No. 98-30 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-30, ADDENDUM TO THE FIRE PROTECTION & EMERGENCY MEDICAL SERVICES AGREEMENT WITH THE CCVFD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council approve the addendum revising the base contract price for the 1998/99 FY. Summary Explanation & Background: See attached addendum. I recommend approval. Exhibits Attached: Resolution No. 98-30 City ffice Department LEGISLATIVE :/adminciil/meetin 98/9 oc RESOLUTION NO. 98- A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 26, 1997; ECJ WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 1997, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a revision of the base contract price for the contract year October 1, 1998 through September 30, 1999. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. 1 City of Cape Canaveral, Florida Resolution No. 98-30 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this of W1.0i Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Sims, CITY CLERK Tony Hernandez Buzz Petsos Rocky Randels APPROVED AS TO FORM: Joy Salamone Kohn Bennett, CITY ATTORNEY 1 ADDENDUM THIS ADDENDUM is entered into this 15th day of September, 1998 by and between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, hereinafter called the "Corporation". WITNESSETH WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 26, 1997 ("Contract"), which Contract is for a term of ten (10) years; and WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base contract price for each year of the Contract after the first year; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 1998 through September 30, 1999. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 12 of the Contract is amended to read as follows: -1- "The city agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $335,700.00. The compensation provided for herein shall be paid monthly in the sum of $27,975.00 per month commencing on the first day of October 1998 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this Contract annually. The City further agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles, equipment, and supplies, less any disaster relief funding provided by another agency." 3. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, by its duly authorized officers, has executed this instrument this 15th day of September 1998. Attest: Sandi Sims, City Clerk (Corporate Seal) CITY OF CAPE CANAVERAL, FLORIDA, A municipal corporation M -2- Rocky Randels, Mayor IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has executed this instrument this 15th day of September ..; Attest: Secretary (Corporate Seal) -3- CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Corporation LIM President Meeting Type: Regular Meeting Date: 09-15-98 AGENDA Heading Resolutions Item 16 No. Resolution No. 98-31 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-31, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO MAINTAIN AREA CODE 407 DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council adopt this resolution urging the Florida Public Service Commission to maintain the 407 area. code. Summary Explanation & Background: This item is being introduced by Mayor Randels. Exhibits Attached: Resolution No. 98-31 City miana Of rice Department LEGISLATIVE g:/ad cil/meetin - - 8/98-31.doc RESOLUTION NO. 98-31 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, URGING THE FLORIDA PUBLIC SERVICE COMMISSION TO MAINTAIN AREA CODE 407 FOR THE TELEPHONE SERVICE FOR ALL OF BREVARD COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida has received notice that the Florida Public Service Commission will be conducting a public hearing on September 24, 1998 in the service area of Bell South Telecommunications, Inc.; and WHEREAS, the Public Service Commission will be reviewing a request of proposed numbering plan relief for the 407 area code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida feels that a split area code will create a hardship for Brevard County residents and businesses; and WHEREAS, that this is not possible, it is preferable that a new area code be designated for Brevard County. NOW, THEREFORE, BE RESOVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that: SECTION 1. The City Council of the City of Cape Canaveral, Florida joins the Cocoa Beach Area Chamber of Commerce and other local governments in expressing their concern regarding the adverse impact on the community as a result of the proposed area code change. SECTION 2. The City Council of the City of Cape Canaveral, Florida urges the Public Service Commission to select an area code option (other than the overly plan) which will maintain the present 407 area code. City of Cape Canaveral, Florida Resolution No. 98-31 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of )1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS Sandra O. Sims, CITY CLERK TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS APPROVED AS TO FORM: JOY SALAMONE Kohn Bennett, CITY ATTORNEY GACityC1k\Reso1utions\Area Code 407.doc Meeting Type: Regular Meeting Date: 09-15-98 AGENDA REPORT AGENDA Heading Discussion Item 18 No. • Combine grant writing efforts CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: JOINT MEETING WITH THE CITY OF COCOA BEACH DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council schedule a joint meeting with the City of Cocoa Beach. Summary Explanation & Background: The Cocoa Beach Commission has extended an invitation to our City Council to have a joint meeting on 10-07- 98 at 7:00 p.m. in the Cocoa Beach Commission Room in City Hall. Their suggested topics of discussion are: • Combine purchasing/bid/RFP efforts • Combine grant writing efforts Are their any issues you would like to discuss? Please advise. Exhibits Attached: N/A City Office '' Department LEGISLATIVE 11 ouncil/meeting 1998/ /jointmtg.doc