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HomeMy WebLinkAboutAgenda Packet 10-21-1997 City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY OF 111 Polk Avenue,Cape Canaveral,Florida CAPE CANAVERAL TUESDAY October 21, 1997 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Mayor's Award: Marguerita Engel, Keep Brevard Beautiful Fall Beautification Awards PROCLAMATIONS: Webgrrls Day, Sarah Yoga Make A Difference Day Florida City Government Week Pharmacy Week RESOLUTIONS: 1. Motion to Approve: Resolution No. 97-37, establishing job descriptions and wage plan A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;ESTABLISHING CITY EMPLOYEE JOB DESCRIPTIONS AND A WAGE AND SALARY PLAN;PROVIDING FOR AN EFFECTIVE DATE. 2. Motion to Approve: Resolution No. 97-38, re-appointing Beautification Board Members A RESOLUTION OF TBE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. d:\cityclerk\c4clk\agenda\regulel997\10-21-97.doe 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407)868-1200 • FAX (407) 799-3170 City Council Regular Meeting Agenda October 21, 1997 Page 2 PUBLIC HEARING ORDINANCE - SECOND READING 3. Motion to Adopt: Ordinance No. 03-97, First Small Scale Comprehensive Plan Amendment (Time Warner Cable property) 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 COMPREHENSIVE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA-97-1, 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. 4. Motion to Adopt:Ordinance No. 02-97, Changing the classification of certain property from R-3 to M-1 (Time Warner Cable property) 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 M-1 (LIGHT INDUSTRIAL 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. 5. Motion to Adopt: Ordinance No. 13-97, Sidewalk and Driveway Construction AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING SECTION 98-92, STREETS, AND SECTION 110-475, SIDEWALKS REQUIRED, OF THE CODE OF CAPE CANAVERAL,FLORIDA,PROVIDING FOR THE USE FIBERMESH IN SOME SIDEWALK AND DRIVEWAY CONSTRUCTION;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE - FIRST READING 6. Motion to Approve: Ordinance No. 14-97, Amending Chapter 110, Division 4, Amendments and Rezoning AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 110,DIVISION 4,AMENDMENTS AND REZONING,BY D:\cityclerk\CityCtk\AGENDAUREGLFLAR\1997\10-21-97.doc City Council Regular Meeting Agenda October 21, 1997 Page 3 AMENDING SECTION 110-137,PROCEDURE;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS;AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 7. Garbage Contact Extension 8. City Manager's Performance Evaluation 9. Amending Section 110-567, Interior landscaping for off-street parking REPORTS: 10. 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. D:\cityclerk\CityCtk\AGENDA\REGULAR\1997\10-21-97.doc Meeting Type:Regular Meeting Date: 10-21-97 AGENDA Heading Resolutions Item ] No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Resolution No. 97-37,Establishing Job Descriptions and Wage Plan DEPTJDIVISION: Administration Requested Action: City Council approve this Resolution adopting Job Descriptions and a Wage Plan for City Employees. Summary Explanation&Background: The City Clerk and staff~have worked to revise Job Descriptions and the Wage Plan to comply with current law. If adopted, the Wage Plan would not apply to Union Employees until they accept it. I recommend approval. Exhibits Attached: City Clerk's memo dated October 1, 1997/Resolution 97-37 City MXttgw's Office Department j Department d:\cityman\admin\council\meeting\1997\10-21-97\job descriptions c wage plan.doc City Clerk's Office Memo Ta Mayor and Council Fine Sandra Sims, City Clerk � �r cc: Bennett Boucher, City Manager Dalbee 10/01/97 Ree Job Descriptions and Pay and Classification Plan Job Descriptions Job descriptions have been revised to comply with the Americans with Disabilities Act (ADA) and the Fair Labor Standards Act (FLSA). Further, job descriptions were last modified in 1989 and many changes have occurred since then. Today's job descriptions are designed to provide more dear expectations for performance measurement as well as providing fair criteria for recruiting. The first step in the process was to obtain information on a standardized form from each employee outlining their job duties from their perspective. Next,the respective department heads reviewed each employee's job duties to confirm or set Essential Duties and Responsibilities, including physical demands, work environment, necessary skills and/or certifications required. The edited survey form was then converted to a job description and has been reviewed recurrently for months by the City Manager and Department Heads serving as a review committee for all positions. Wage and Classification Plan Attached is the salary survey recently conducted. The Florida League of Cities (FLOC) annual salary survey was utilized to establish range amounts by: • Identifying the corresponding job description and FLoC code. • Deleting the high and low salary amounts for each category,then averaging the range amounts The Central Florida Consortium survey results were also utilized for comparison, as well as Brevard County cities. The survey results will be reviewed carefully and presented, possibly with changes within classifications, by Resolution at the next City Council Meeting. 0 Page 1 RESOLUTION NO. 97-37 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING CITY EMPLOYEE JOB DESCRIPTIONS AND A WAGE AND SALARY PLAN; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council, by action dated September 1989 approved City employee job descriptions; and WHEREAS, the City, in conformity with the Americans with Disabilities Act(ADA) and the Fair Labors Standards Act(FLSA), is modifying all employee job descriptions; and WHEREAS, essential duties and responsibilities are included in the modified job descriptions, providing performance measurement criteria; and WHEREAS, physical demands and work environment are included to provide for accommodation; and WHEREAS, the City Council, by action dated May, 1993 approved the Wage and Classification Plan; and WHEREAS,the City Council and staff, desire to provide appropriate job definitions and wage scale groupings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,Florida,as follows: SECTION 1. That job titles and descriptions are established as outlined in Exhibit "A." SECTION 2. That the Wage and Classification Plan is established as outlined in Exhibit "B." SECTION 3. This Resolution shall be effective immediately upon adoption. City of Cape Canaveral, Florida Resolution No. 97-37 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this _ day of October. 1997. John K. Porter,MAYOR ATTEST: Sandra O. Sims, CITY CLERK Approved as to Form: Kohn Bennett, CITY ATTORNEY NAME FOR AGAINST BRUNS BERNANDEZ_ _ PETSOS _ PORTER RANDELS City of Cape Canaveral Proposed Wage and Salary Plan October 1997 Classification Grade Salary Range Minimum Maximum 1997 1997 Crossing Guard 5.15 9.47 Utilities Maintenance Worker 6.61 9.59 .,., l .:w .F.w, 4Y}i FF. ..I {::.':'t+F .M co-.'•�.`: 7.64 10.60 Operator Trainee 8.13 11.71 Utilities Specialist 8.14 12.23 Lab Technician Recreation Leader 8.73 12.74 » Class "B" Operator 9.12 13.72 : Administrative Assistant 9.76 14.23 Collect/Dist. Supervisor Water Reclam. Supervisor Public Works Mtce. Supervisor Recreation Aide F Code Enforcement Officer 9.92 14.98 Planning & Zoning Assistant : » 10.73 15.61 . .....w. �.. ..... � 12.00 16.45 i 12.13 18.19 f} 13.44 19.91 %�'f?� City ClerkM.R. Director 15.57 21.18 : Public Works Director 16.02 22.76 25.56 City of Cape Canaveral Current Wage and Salary Plan Non -Union Employees Classification Grade Salary Range Minimum Maximum 1997 1997 KMONIMIUM »....`:. 5.27 8.31 t : Recreation Leader 7.19 10.48 Recreation Aide 8.14 11.58 8.49 12.19 �.:�« `::i '' '�y: f�`<.;5�,� i5n'l y:'JF.ufo :,;'•:y'� ':f, t':�;:':c :y+ 9.73 13.26 ...::...:.:.::::.::.... . t t.: Code Enforcement Officer 11.11 15.20 Building Inspector Planning & Zoning Technicican } �., F � , ,s�' :��k•<.. i �i ��.�T`:�`. ��` ..�[,.��A: d� � a "" � \ �"k`�::i�� .: E;[. c' •v v , Building Official 13.46 18.69 Frro, � Recreation Director 14.43 19.70 Public Works Director 16.94 23.02 Effective October 1, 1997: 2.3% COLA Oct 1, 1993:3.2% COLA Oct 1, 1994: 2.5% COLA Oct 1, 1995: 2.9% COLA Oct 1, 1995:3.0% City of Cape Canaveral Current Wage and Salary Plan Union Employees Classification Grade Salary Range Minimum Maximum 1997 1997 .. >,. .53 :.. .. ... .. : .. ...t : k 5.27 8.31 6.69 10.05 •f 4y,�' : '� rit . Viz:"':::.:: �i4: dr+l'..� "' ,'''}.c��'�� •'��` , WWTP Sludge 9 8.14 � 11.58 Maintenance Worker II 8.49 12.19 45Y h Laboratory Technician 1 9.73 13.26 Laboratory tTechnician II 11.11 15.20 : WWTP Senior Operator ... »11.52 ...,: ,.:..15.91 Effective October 1, 1997:2.3% COLA Oct 1, 1993:3.2% COLA Oct 1, 1994:2.5% COLA Oct 1, 1995:2.9% COLA Oct 1, 1996:3.0% Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Resolutions Item 2 No. Department AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Resolution No. 97-38, Re -appointing Members to the Beautification Board. DEPT./DIVISION: Legislative Requested Action: City Council consider the re -appointment of the Beautification Board Members noted in Resolution No. 97-38. Summary Explanation & Background: Terms will expire on November 1, 1999 Exhibits Attached: Resolution No. 97-38/City Clerk letter dated October 7, 1997 City Manager's Office - Department d:\cityman\admin\council\meeting\1997\10-21-97\beautification board re -appointments. doc RESOLUTION NO. 97-38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BEAUTIFICATION 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. 11-68 created a Board known as the Beautification 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 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. Martha Seymour, James C. Hale, and Frances Singer are hereby reappointed as regular members of the Beautification Board of the City of Cape Canaveral, Florida, with terms to expire on November 1, 1999. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of October, 1997. John K. Porter, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST APPROVED AS TO FORM: Bruns Hernandez Petsos Kohn Bennett, CITY ATTORNEY Porter Randels 11cape-nflcityclerklcityclkNmolutionslboards\reappointmentslbeautification.doc City of Cape Canaveral CITY OF CAPE CANAVERAL October 7, 1997 Martha Seymour 307 E. Central Blvd. Cape Canaveral, FL 32920 Dear Ms. Seymour: Terms for the following Beautification Board members will expire on November 1, 1997: Martha Seymour James C. Hale Frances Singer Please inform your Board Chairperson at your meeting on October 14th, if you would like to be reappointed to the board. The reappointment resolution will be placed on the October 21st City Council meeting agenda. Sincerely, Sandi'Sims CITY CLERK As c: Bennett Boucher, City Manager/ Jacqueline Coates, Board Chairperson 106 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 0 FAX 1407) 799.3170 Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Ordinances - 2nd Reading Item 3 No. I anticipate a presentation by the applicant and opponents regarding this amendment. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance No. 03-97, Time Warner Cable, Small Scale Comprehensive Plan Amendment of the Future Land Use Map DEPT./DIVISION: LPA/P&Z Requested Action: That the City council consider approval of Ordinance No. 03-97, amending the future land use map. Summary Explanation & Background: This smallscale comprehensive plan amendment will amend the future land use map for the parcel of land at 210 Center Street. The P&Z and LPA recommended approval. I anticipate a presentation by the applicant and opponents regarding this amendment. City Planner, Todd Peetz, will attend the meeting to assist if needed. Exhibits Attached: Ordinance No. 03-97/TWC application City Manager's Office Department d:\cityman\admin\council\meeting\1997\10-21-97\twc comp plan amendment.doc ORDINANCE NO. 03-97 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 1997 AS PROVIDED IN CPA -97-1, 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 1997 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 March 12, 1997, 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. 03-97 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 October 21, 1997, 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 -97-1 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. D:\cityclerk\CityCWOrdirmees\ZONMG\T WCOMPLN. DOC City of Cape Canaveral Ordinance No. 03-97 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 , 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY D:\cityclerk\CityCWOTdiimces\ZONING\TWCOMPLN.DOC John K. Porter, MAYOR NAME FOR AGAINST BRUNS HERNANDEZ PETSOS PORTER RANDELS _ Posted: Published:(LPA) March 4, 1997 (Council) October 11, 1997 Hearings: Councillst hrg: May 6, 1997 Public Hearing: October 21, 1997 The Times Published Weekly on Wednesday The Star Advocate Published Wcekly on Wednesday The Tribune Published Weekly on Wednesday The Bay BLiiletin` Published Weekly oil Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE in the matter of CITY OF CAPE CANAVERAL in the Court ORDINANCE NO. 03-97 was published in the FLORIDA TODAY NEWSPAPER OCTOBER 11, 1997 in the issues of 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 ���� (Signature of Affiant) Sworn to and subscribed before me this 1 1 day of OCTOBER �"*���UB�i oFICIAL NOTARY LINDA L BRAUD� " Q COMMIMION NUMBER CC640884 Mr •� Q. COMMfS31t�N EXE i aF F�� MAY 4,2001 Personally nature of Notary Pu LINDA L. BRAUD (Name of Notary Typed. Printed or Stamped) or Produced Identification Type of Identification Produced • legal -affidavit TO -L29584 -1T -10/11,1997 -Sat. NOTICE OF LAND USE CHAN The City of Cape Caneve proposes a first small scale Cc prehensive Plan .Amendment the City of Cape Canaveral. A final PUBLIC HEARING the FUTURE LAND USE. EI MENT AMENDMENT will be h by the City Council of the Cif) Cape Canaveral, on Tuesd October 21; 1997,. at 7:00 P.M the City Hall Annex, III Polk Avenue, Cape Canaveral, Flc da. The City Council will const the recommendations made the City of Cape Canaveral Ph ning and Zoning Board by viewing the following propos amendment to the City's Code Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE Cl OF CAPE CANAVERAL. BR 1 PROVIDING AN DATE AND LEGA THE PLAN AMEN VIDING FOR TRA MUNITY AFFAIRS; PF FOR REPEAL OF PR INCONSISTENT ORD PROVIDING FOR AN EFFEC• TIVE DATE. A copy of the proposed ordi• nance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 P.m. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a Per- son decides to appeal any deci- sion made by the City Council with respect to any matter con- sidered at this meeting; that per- son will need a record of the pro- ceedings, and for such purpose that person may need to ensure that a verbatim record of the Pro- ceedings is made, which record includes the testimony and evi- dence upon which the appeal Is tai be based. This notice does notl constitute consent by the City for the introduction or admission into evidence of otherwise inadmissi bie or irrelevant evidence, no does it authorize challenges o appeals not otherwise allowed b law. Persons with disabilities needing assistance to participat in any of these procedi?. should Contact the City Clerk's office (868-1221) 40 hours in advance of the meeting. Sandra Rozar Sims. CMC City Clerk - The Times Published Weekly on Wednesday The Star Advocate Published Weekly on Wednesday The Tribune Published Weekly on Wednesday 3/ The Bay Bulletin Published Weekly on Wednesday Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY _,a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL DISPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF COMPREHENSIVE PLAN AMENDMENT 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of MARCH 4, 1997 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 newspapeVI. /� . (Signature of Affiant) Sworn to and subscribed before me this 4 day of MARCH 199T .41 (Signature of Notary Public LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type of Identification Produced legal -affidavit INCORPORATED AREA OF CITY OF CAPE CANAVERAL — � I � 040000 0000000 0000000 0000000 0000000 00 %% 00000000000000000000 000 00000 �i4}tii:i�}y; 00000000000000000000 1.1.1•t•L•L 0000 00 00 •`S1r{;{{grti; 0000 000 00000 0000 i•r.r.r•;•i• 000000000000000000000 �.1•L•L•L•L 00000 r•r•+•r•r•r• 000000000000040000000 t•ti•ti•L•ti•L•1.1.1.1.1• 000 000 •r•r•r.r•r.r.r.r•r•r•r• '0000000000000C O 00 O O O 0000000000000000000 �00000000000000000000 000000000000000000 r•r•r•r•r•r•r•r•+•r.r•r•r.+•f.r•f•r•f•r•J•f 00000000000000000 :isisisisisisi�if�i�i;};iL•t•1•L•L•L•L•L•t• r•r•r•r•r•r•r•r•r 1.1.1.1.1•L•1 •L•1•t •t•t•t t•L•1.1.1.1.1.1•L• O 00O00O000O00000 r.r•r•r•r•+.r•r•r•r•r•r•;•r•f•r•r•f•r•r•r.r. yL •L•L •L•L•1.1•L•1 •L•1.1 1•L•1•b•1•t•L •1•L•1• O 000 000 000 O 00 0 00 r.r.r.r•r•r•r•r•r•r•r.r•;•r•r.r.r.f•r•r.f•r•r 444 40000000004 4 1i1••J•r•r•f•r•fL•1•NL•1•L•1.1•L•1.1 L•L•L•1•UL•1 •L•1•L•L• 00000000000000 r.r•r•+.r.i•r.+.+.r•r•f•f•f•J•f•r. 1.1K•1.1.1•H1•N1•L•1.1 1 •U1.1.1.1.1.1.1•L•1 •ML. 000000000000 000000000 p00 0000000 O 000 00000000 O 000 00 000 40000 O 000 000 O 0000000 0000 00000 00000 0 0000 O 00000 0000 0000 O 000000 1•y 000004000 f•r. 00000000 00 O O O 00 00 000 00 r +•r•f•f•f•r• r:' L'1' r.r. 000000 :;%'L'UL'L L 1 1• r•r +-+• •f• r f f r•hr.f.i.}• 1.1•x•\• 1 Lr1.1.1• •1.1.1 •t•1.1• :' •r. f•JLr r �. r• f•i•+•+• O O O O O r•r•r•r•r•r•r. r: ti•L• 1•L •ti•1 L•1•L. 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' •\.' 1•L. 1.1.1. r•+.r•J•rY•f. f.J• 1.1• ryi•J• i•fY• +•+•J• f•r•rY•J•+• r1;y;• i r:i. ;yiyy 1.L. rtiK•L K•L•1 •1.5.1 •F1• ® 1.1•t L• r•r•f• r• r1© .Lr:.1 .. •� L •5 •L ® ••r•r• r.r.r. �.J.r.r. 1.1.1 L.M1.1 iy.1 1.L r•r r• r•r +. ®:.i.i: 1.1.1 L.L •1•• +ti•U1 i1fy:1 :ti:ti:1�//��G�\\�[\'\.�\\�. y»/�r ®.L -1•L .x•1.1 :i�~f•L1Y+. +1r1r1 r1r.+. f.+.r 1.1.1 L�• 00 000 000 ® i•r•r• ''rt'L r1 L•1•ti 1• 00 040 044 1•t•t 1•L 1.1�' OO 000 r.r•r• �.f.J.+.r 0000 O ® '1'1'1 1.1.••• moo00000 r... 40000cl1•UL •L•L•t 0000 0000 ® �i�•L •}•1:'111.1.] N 1•Lr1 •tr'r Zoning Legend I((O •J•r• •tiff r• W E ® Cl M1 S ® R1 v R2 U ro ;.;.;.i. ti ® R3 Q. .L.1.1. r rY•f•f. 1 1.1.1.1• � 1;•r•r•f•r•r• i.1•t•1•t•1• •r•r•r•f•f•r N itiiL•1.L•1•t•H 3 L•4.1�1iLiliyiL: d Prepared by Office of JIM FORD, CFA - Property Appraiser Geographic Information Services City of Cape Canaveral March 3, 1997 CITY OF CAPE CANAVERAL Dear Property Owner: c� The Local Planning Agency of the City of Cape Canaveral will hold a public hearing to consider the following: Request from Time Warner Cable Company to Amend the Comprehensive Plan and Change the Land Use District from R-3 to M-1 Zoning. Property Legal Description: Section 23, Township 24 South, Range 37 East, Parcel J, City of Cape Canaveral, Brevard County, Florida. Property Size: 0.4 +/- Acres with Overall Dimensions of 170 ft. +/or - X 103 ft. Street Address: 210 Center Street Property Owner: Time Warner Cable Company 720 Magnolia Avenue Melbourne, FL 32924 This request will be heard by the Local Planning Agency at their meeting to be held at 7:30 P.M., Wednesday, March 12,1997, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Since your property is located within 500 feet of this property, you are cordially invited to attend this meeting and be heard. Any person who decides to appeal any decision with respect to any matter considered at this meeting will 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. For more information regarding this request, please contact the Cape Canaveral Building Department at (407)868-1222. GJM:slc Sinc I , G. oran, CBO Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 0 FAX (407) 799-3170 THE FOLLOWING IS A LISTING OF PROPERTY OWNERS LYING WITHIN 500 FEET OF SUBJECT PROPERTY (24-37-22-JI-J)AS TAKEN FROM THE BREVARD COUNTY PROPERTY APPRAISER'S RECORDS. KEY CODE OWNER 1• MURCIA, MARIA ISABEL TRUSTEE P 0 BOX 527764 MIAMI FL 33152 7764 2. DEVLIN, JAMES A P 0 BOX 150 HILLSBORO NH 03244 0 3• SILICON BEACH PROPERTIES INC 007073 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 4. O'BRIEN, RANDALL 0 008052 ASTRONAUT BLVD CAPE CANAVERAL FL 32920 0 5• TECH -VEST INC 000124 ST CROIX AVE COCOA BCH FL 32931 0 6. CANAVERAL INDUSTRIES INC C/O EDWARD HRADESKY 000124 ST CROIX AVE COCOA BCH FL 32931 0 7. AEROSPACE BUSINESS PARK INC 000124 ST CROIX AVE COCOA BCH FL 32931 0 8• AEROSPACE BUSINESS PARK INC P 0 BOX 150 HILLSBOROUGH NH 03244 0 9• JOHNSON CONTROLS WORLD SERVICES INC 007315 N ATLANTIC AVE CAPE CANAVERAL FL 32920 0 M� } 16 PARCEL Q i ASPHALT � I I NAIL & DISK S.88'55'27" E. 150.00'(DEED) "BRIEL' ti S.88'44'42"E. 103.00'(M) t� 1" PIPE e ��0 •' 6'. C"N.IINK FENCE ! NO CAP P.Q.C.., (-P-0. }. �. x_ _... " WP 40.00' I 5.88 R 69 II 11'x11' x D I GUY RISER co C. g0? l.tJ � CONC b I N b7 ^, v �y SwiyfSw." lr 1i., i I Z I x _ I - ► + -fl I I O I!) O i ASPHALT I�r' xy w i °� x wP' ' 1 1• I I 1.1 I I LL00 O x o 60.7'x I rn 4 :j Z 2z4 4.2'x5' (D p . p Q CN W W CONC. }p Q Wd h' Mx , q x —x—x—x— ir Q ix a` •; ti 1 STORY C.B.S. o I O CL Q. a0 I TOWER ANCHOR _�— * x xb� I 3b o O ]� titi x b b. 1 x —x —x—x—x� 1_96 . • . '.:..'.� m b I'" x �,n gb� xba r I b' �y a a Lit,i ti' o N a a ` 7.3' �n e: 22.6' ° t . °° 0`' ti K O � 15.15' 37.90' 9 19:x' In x �'�j 0 xh N yah coNc. COVERED w bq p : -x —X O o rpr O (si W V)c, :i Z N z - U) 00 NAIL DISK "B4'`d6:wJ.rA:vS.+P. H"hA+. L..T.. ... •:+:..ly. r1. ,4;'..:i �+.r,: y NAIL & DISK ^ O „ "DIETHORN" Uj 54" RCP — N.88'S5 27 W. (� 103.00'(M) �— 4� 140 Fb■ I 2' CONCRETE CURB a ~ .n ' Sti .I by 1 N LESS O.R.B. 826. PC. 725 I yh m — _ _ °b N.88'55'27"W. 150.00'(DEED)'� o p C/L CENTER STREET � bry / II ►�'. � 10 xl yy Ub bb ti�� BUILDING & PUBLIC SAFETY DEPARTMENT 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 THE OWNER TO A DEVELOPMENT PERMIT. TYPE or PRINT the following information (TO BE COMPLETED BY APPLICANT) Owner(s): Time Warner Cable Co. Applicant: Droor & Associates, Inc. Address: 720 Magnolia Avenue Address: 2351 W. Eau Gallie Blvd,_, Ste. 6 City: Melbourne State: FL City: Melbourne State: FL Zip Code: 32924 Phone:(407) 254- Zip Code: 32935 Phone{ 407) 253-8233 TYPE OF REQUEST 3326 Change to the Text of the Comprehensive Plan Comprehensive Plan Element: Change to an Existing Provision: Attach proposed wording, reasons, and appropriate data and analysis to support the requested change. _X_Change to the Zoning Map Existing Zoning Designation: Requested Zoning Designation: Attach reasons for requested change; Change to the Future Land Use Map Existing Future Land Use Designation: Requested Future Land Use Designation: Attach reasons for requested change. LOCATION Section: 23 Township: 24S Range: 37E Block: Lo •_� Subdivision: Total Acreage: 0.4 +7- Overall Dimensions: + X 103 Location and Distance from Nearest Public Road(s): Located at North Side of Center ree REQUIRED EXHIBITS _The complete legal description (and the tax identification number) of the property or portion thereof that the amendment is being requested for, typed on a separate sheet of paper. An error in the legal description will result in the request being delayed at the owner/applicant's expense. X A certified survey of the subject property. A County Property Appraiser's map describing the exact parcel may be accepted in lieu of a survey in certain instances. X A County Property Appraiser's map identifying the subject property and all of the owners located within 500 feet of the boundaries of the subject property. X A list of names and addresses of all of the property owners located within 500 feet of the boundaries of the subject property and keyed to the County Property Appraiser's map (SEE EXAMPLE ON BACK OF THIS FORIA) __X_A copy of the most recent recorded Warranty Deed. X Notarized statements from all property owners listed on the Warranty Deed who are authorizing someone other than themselves to act on their behalf as the applicant. Signature of Staff member discussing proposed action with the Appl The undersigned understands that this application must be complete and accurate prior to advertising a public hearing: STATE OF Florida COUNTY OF Brevard .I, Noel Droor, Droor & Ass. being first duly sworn, depose and say that: I am the owner of the subject property, or (if corporation, I am the Officer 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 applicant, a notarized letter must accompany the applic iving written consent by all property owners of the subject property unless the applicant is the Attorney fFC�HES a owner ALL THE ANSWERS TO THE QUESTIONS IN THIS APPLICATIgN. ALL S AN DATA ATTACHED TO AND MADE A PART OF THIS APPLICATION ARE TRUE TO THE BE T OF WLEDG . SWORN AND SUBSCRIBED TO BEFORE ME THIS ; �F, h D OF -. r', 19 `IS P NOTARY REAL O�<, SUSAN L CHAPMAN * i S7F * COMMISSION NUMBER a�CC362601 T. MY COMMISSION EXP. * 5 Q OF F�0MA R. 23 1997 2 _ i �,. << , �1 3 1 ' 3 I c-,--? 6 N z — Nxvm � Q a-��o��o���� � _ QS Cs LNCIZ c� � z������ z��z �O��LuC z�5 O �Ld C�s NLLu�LL`z� z� O�z�U('S�z��O� LLc�vzo� -� �z Dov oo�000z���oo _ �- z LULud�Lu-Z,QV c� �v��cl>cn� cn; Q� QOO=LuQC `N ��Q�� LU OLU �V 'L~u0�cN �z LU LU CL Oz Om °C Lu CL cv Oz�—c~O ��tncn�E=Q�v QC � �Qcn< SON QO�za- OL LU LU LU Q CZ U2 z Q < u\-- ��� ,� O»�'\-- GVDG CD t Q W �COOn— \-u LuLu�Q�QN� < LL cn Y) n CS C� C� cn o O Lu V -)CJ - Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Ordinances - 2nd Reading Item 4 No. optics. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance No. 02-97, Amending the Official Zoning Map by Changing the Classification of Certain Property from R-3 to M-1. DEPTIDIVISION: LPA/P&Z Requested Action: That the City Council consider the approval of Ordinances No. 02-97, amending the official zoning map by changing the classification of 210 Center Street from R-3 to M-1. Summary Explanation & Background: The existing property is currently zoned R-3 with an office building. The request is made to make the zoning conform to the current use of the property. A 600 square foot addition is planned to house electronics and fiber optics. P&Z and the LPA recommended approval. The City Council will hear from the applicant why this request for rezoning should be approved and any rebuttal evidence as to why the request should not be granted. City Planner, Todd Peetz, will attend the meeting to assist if needed. Exhibits Attached: Ordinance No. 02-97/DAI letter dated 01-31-97/Staff Report dated 02-05-97 City Mart nar's Office Department d:\cityman\admin\council\meeting\1997\10-21-97\twc rezoning.doc ORDINANCE NO. 02-97 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 M-1 (LIGHT INDUSTRIAL 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 Land Planning Agency ("LPA) and the Planning and Zoning Board ("P&Z") 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 and P&Z have reviewed the property owner's petition for a rezoning of the property to M-1 (Light Industrial District) 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 M-1 (Light Industrial 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 provision of Chapter 110, regarding the M-1 zoning district, of the Zoning D:\cityclerk\CityClk\Ordii=ce \ZONING\TWCABLE.DOC City of Cape Canaveral Ordinance No. 02-97 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 the 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 , 1997. John K. Porter, MAYOR ATTEST: Sandra O. Sims, CITY CLERK NAME FOR AGAINST BRUNS _ APPROVED AS TO FORM: HERNANDEZ PETSOS K—Ohn Bennett, CITY A 11 ORN EY PORTER RANDELS First Reading: May 6, 1997 Posted: May 7,1997 Published: (LPA) March 4, 1997 (Council)) October 11, 1997 Public Hearings: LPA March 12, 1997 Council October 21, 1997 d:lcityclerklcityclklordinances\zoningltwcable.doc f I„ "■ s .Intl I► A- - -S■ Ir o�n4uunl :gin ” - rnHr;m11U, BUSH 1l1 I 1 Iw lulAt;nu�SImIB,BH"I1111111110 ' 1111f11;Irl�l! IIrIl1;HH � alljlHlli IIl�fil �IB'kIF '11Ytli1 IIH - II�� ILII a1 ■i11,. ■IB 1on 21 ilBll"16111Bf Y�L,IlII1ttlY1� L SI=I'IBU! mean aNam uo!reul - f " ■Ia1�U IBuo.' r:YHSI rr■ i ` t , The Times Published Weekly on Wednesday Tile .Star Advocate Published Weekly on Wednesday The Tribune Published Weekly on Wednesday The Bay BtAetin _ Published Weekly oil Wednesday Published Daily STATE OF FLORIDANOTICE "-"O�'''��":-- Affiant further says that the said ianceoand anpfiledin the COUNTY OF BREVARD ZONING AMEN BL PUBLIC MEAlIING ^" is a newspaper published in said Brevard County, Florida, and that the said newspaper has City of TheMELISSA ANNITTO Before the undersigned authority personally appeared who on dmentto proposes a zoning amendment to opo zoning change the classification of cer- tain ProDensityity erty Residential District) to from R.3 (Medium R� Oath Says that She i5 .N-1 (Light Industrial District) in MELBOURNE the City of Cape Canaveral FLORIDA TODAY , PUBLIC HEARING on the PRO - POSED ZONING AMENDMENT of the a news a er published in Brevard Count P P P Y, be eof ld ity of y, period of one year next receedin the first publication of the Brevard Count Florida, for a y preceeding P th%wie City Capee.CCanaveral iia copy of advertising being a LEGAL NOTICE Florida: that the attached co "uesdav, a City Hall Anne.97, at, t.M. in 1 y Half Annex, al Avenue, 'alk Avenues Cape; Canaveral attached copy of advertisement; and affiant further says that she has neither paid nor promised any 'lorida. The City Council will consider - in the matter of he recommendations made. by person, firm or corporation any discount, rebate, commission or refund for the purpose of securing he city f cape Canaveral Plain- CITY OF CAPE CANAVERAL ling and Zoning Board by re} this advertisement for publication in said newspap P P P �teWing the following proposed intendment to the CRYS Code of )rdinances: ✓- • .. 3 . - ORDINANCE NP, 02-97`" in the Court ' ``{��{-- 1N ORDINANCE OP THE CIT)F ORDINANCE NO. 02-97 CAPE )A AME DING TCANAVERAL, E OFFICIAIy 11 OCTOBER ZONING MAP AS DESCRIBED IIIfIfIMMNNLLLL ,ECTION 110-246,.OFFICIA Sworn to and subscribed before me this day of !ONING MAP, BY'CHANGING rHE CLASSIFICATION OF CER- 97 rAIN, PROPERTY ,FROM R-3 1s �. MEDIUM DENSITY RESIDEN- FFICIAL NOTARY pUB oLINDA Notary Public) r1AL DISTRICT) TO M-1 (LIGHT FLORIDA TODAY NEWSPAPER DISTRICT) was published in the ; RO- iCRIBED IN EXHIBIT ^A"; PRO- CRIBEDIIN OCTOBER 11, 1997 OF 4PPROVALR PROVIDING SFOR in the issues Of 1EPEALOF PRIOR AND INCON- i15TENT.fORDINANCES AND ��en,. tlTIn NC• DO nVInIN(: FLORIDA TODAY NEWSPAPER TATE. y of .. , , of eis Affiant further says that the said ianceoand anpfiledin the )tfice of the City Clerk and may le viewed during regular working is a newspaper published in said Brevard County, Florida, and that the said newspaper has tours, Monday through Friday, 1:30a.m. to 5:00 P.M. - Pursuant to Section 286.1015, heretofore been continuously published in said Brevard County, Florida, regularly as stated above. °dories Statutes, the City hereby advises the public that: If a per - MELBOURNE ion decides to appeal any i) :ton made by the City Council and has been entered as second class mail matter at the post office in P ,with rescect to any matter con- _ ,idered at this meeting, that Per- y, period of one year next receedin the first publication of the Brevard Count Florida, for a y preceeding P ,on ;ee will need a record of the pro - �eedings, and for such purvose hat person may need to ensure hat a verbatim rtcdrd of the pro - attached copy of advertisement; and affiant further says that she has neither paid nor promised any :eedings Is made, which record includes the testimony and evi- dence upon which the appeal is to person, firm or corporation any discount, rebate, commission or refund for the purpose of securing he based. This notice does not constitute consent by the City for the introduction or admission into this advertisement for publication in said newspap P P P Itis onentce f otherwise encs, nor �fle or Irrelevant evidence, nor Moes. it authorize challenges or Ippeals not otherwise allowed by aw. Persons with disabilities —� ' (Signature of Affiant) feeding assistance to participate n any of these ProCity 11 OCTOBER Clerk's should contact the City Clerk's fffice (868-1221) 48 hours in Sworn to and subscribed before me this day of fdvance of the meeting. h Sandra Rozar Sims, C 97 City Clerk 1s �. FFICIAL NOTARY pUB oLINDA Notary Public) L BRY 1P'RY RAUD (Signature of COWI8810N NUMBER W'r'l�C, Q CC640684 LINDA L. BRAUD - �i MY COMIN•'MON `cOF FSO MAY 4,2001 f, (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type of Identification Produced legal -affidavit Aa"DROOR & ASSOCIATES INC. .i1 W. Eau Gallie Blvd., Suite #6 Melbourne, FL 32935 January 31, 1997 Project n95052 G.J. Moran City of Cape Canaveral Building Department 105 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 (407) 253-8233 FAX (407) 253-4988 RE: Time Warner Cable Unmanned Equipment Building, Center Street, Cape Canaveral, FL Dear Mr. Moran: With this letter we would like to apply for rezoning of the above referenced project from R-3 to a M-1 Zoning. In the past 20 years the zoning was changed to an R-3 Zoning without giving any consideration for the future use of the property. The existing building (l" Phase) was constructed approximentaly 30 years ago, and at the present time its being used as an office building which is a non -conforming use of the present zoning. The reason for the change of zoning is to construct a 600 S.F. Unmanned Equipment Building to house electronics and fiber optics. Change of zoning from R-3 to M-1 would allow construction of the 600 S.F. Unmanned Equipment Building which is required to serve the neighborhood with their cable and programming needs and it would allow the property to conform to current zoning. We hope the above request of the zoning change meets with your approval. Please call if you have any question&.--, CC: Bob Sell, TWC 95052WHTSAM Civil & Structural Engineering Inspections PE 37259 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 _ CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 STAFF REPORT: February 5, 1997 TO: Local Planning Agency Members FROM: G. J. Moran, CBO Building Official SUBJECT: Application For Zoning Designation Change APPLICANT: Time Warner Cable Co. ADDRESS: 210 Center Street APPLICANTS REPRESENTATIVE: Noel Droor, P. E. This request is to amend the Zoning Map designation from a R-3 Medium Density Residential designation to an M-1 Industrial designation. The existing land use map shows this property as commercial use. This property presently is zoned R-3 and abuts M-1 zoning to the East and R-3 zoning to the North, South and West. The Property is approximately 4/1 Oth. acre in size, has been the existing use sine the early 1970's, was originally constructed as an office building in the 1960's, and presently classified as an existing non -conforming use and structure in combing on. Approval of this request would allow the present use by special exception. (Code Sec. 110-315) All fee's have been paid for this request. All advertisement requirements have been met for this request. Staff recommends that the board recommend approval to the City Council. THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING PRINTED ON RECYCLED PAPER ■ 300'1 e•I�.�—,.,= � .. •f' ' I OF S 455' OF GL -2 1 2 3 a 3 1 7 ' 4T a ISO /OF 3 155' OF 811 1117 J ' GL -I X. 15L' OF S. ..` Ut M.. t 4 01 ■V. 1 4 W. OF RD. I ' q 10 11 12 13 14 IS 755 .. a• nF�y - 150 4 a v of S.1 401 , T30 0 E51fT 1 + cL-s 1e ss6 s TAYLOR ■ Sa 9 143' OF Y1tOF SV 14vOF5R 401 (661/0811 uv4w O i l 965 381) - 1 P `7 18 711 C 17t' I Sol' � Y GER10- �I tk 560.30' JF S 1786.80' '•� 1 Oq GL-) OF ST.� S 111 2S I 1 1 Oi 3 m I t W J 0 a W Z z J m i 9 " 853 551 Ex. RD. ■ Y t4 e1 63, ..i:. •,• 10' ESNT 10!9'177 ( � — ' I ---- O Fc � 11: VIZI 985'381 - _1 1O:LOO(A /VE Ib 1194 u •' /NDA rn� /rr I (985 381 C1-1081 173• � � s a STREET 1• °1 b RVEY 7 8 ) 1 2 7 a 8 6 7 3 115' OF 3 905' ■ 115' OF 5 QOS' OF 3v 1'a Of 4Y 1'a - 11 OF E 110' 1 I • 195' OF 275' OF 1INNS 114 WOOF iT,= 45)'!50 fl46 31 12 S) la D/ 4l-: �M OF R4 Se /,953153-81 'Sj'j =17,1 9 T3Fa es A.C. 37 1 I ■ . Xt' 1La 57.10' S 690' OF SW A OF ■V 114 V OF 20. ■ OF , q 10 11 lI 1,i li S 18 'C L-1 9' 10 it a I1 jl) Il - s` LE14 E1L st 603 ! 5 .. BANYAN E E'AN N CVVE TYLER R7/NS£ TON'NHOUSU %vOR6-0�F84 (36-B9) PHP 427 PK/ GIPE S ORES 00 , } aRl 2 )a a26:D6. 7 Zl , CaIPE CANAVERAL. CONDO /3Al—/3.093r $s �• ! ' -9 to it 12 li aM" 12 I 9 I to I 1 ( 1 :2 ( I 131 4 1 /2 10' ESMT 10' ESKT �Iyyo Q 811'419 i $ ! e6• '•4 10.z �,(,. ^ ■ 300. OF S 253' OF SW 1 i 0 `1 1q ,.Sit : A J/ OF ■Y l a Y OF RD. POLK ■ 300'1 e•I�.�—,.,= � .. •f' ' I OF S 455' OF GL -2 1 2 3 a 3 1 7 ' 4T a ISO /OF 3 155' OF 811 1117 J ' GL -I X. 15L' OF S. ..` Ut M.. t 4 01 ■V. 1 4 W. OF RD. I ' q 10 11 12 13 14 IS 755 .. a• nF�y - 150 4 a v of S.1 401 , T30 0 E51fT 1 + cL-s 1e ss6 s TAYLOR ■ Sa 9 143' OF Y1tOF SV 14vOF5R 401 (661/0811 uv4w O i l 965 381) - 1 P `7 18 711 C 17t' I Sol' � Y GER10- �I tk 560.30' JF S 1786.80' '•� 1 Oq GL-) OF ST.� S 111 2S I 1 1 Oi 3 m I t W J 0 a W Z z J m i 9 " 853 551 Ex. RD. ■ Y t4 e1 63, ..i:. •,• 10' ESNT 10!9'177 ( � — ' I ---- O Fc � 11: VIZI 985'381 - _1 1O:LOO(A /VE Ib 1194 u •' /NDA rn� /rr I (985 381 C1-1081 173• � � s a STREET 1• °1 b RVEY �i 2 ) 4 S 6 T 8 11 OF E 110' 1 I • 195' OF 275' OF 1INNS 114 WOOF iT,= 45)'!50 fl46 31 12 S) la 15 Se /,953153-81 —T � : d • =17,1 9 ■ 300'1 e•I�.�—,.,= � .. •f' ' I OF S 455' OF GL -2 1 2 3 a 3 1 7 ' 4T a ISO /OF 3 155' OF 811 1117 J ' GL -I X. 15L' OF S. ..` Ut M.. t 4 01 ■V. 1 4 W. OF RD. I ' q 10 11 12 13 14 IS 755 .. a• nF�y - 150 4 a v of S.1 401 , T30 0 E51fT 1 + cL-s 1e ss6 s TAYLOR ■ Sa 9 143' OF Y1tOF SV 14vOF5R 401 (661/0811 uv4w O i l 965 381) - 1 P `7 18 711 C 17t' I Sol' � Y GER10- �I tk 560.30' JF S 1786.80' '•� 1 Oq GL-) OF ST.� S 111 2S I 1 1 Oi 3 m I t W J 0 a W Z z J m i 9 " 853 551 Ex. RD. ■ Y t4 e1 63, ..i:. •,• 10' ESNT 10!9'177 ( � — ' I ---- O V£Y L (94 791 Fc � 11: VIZI 985'381 - _1 1O:LOO(A /VE Ib 1194 u •' /NDA rn� /rr I (985 381 C1-1081 173• � � s a STREET 1• °1 b RVEY L-! . G's � '1134/52• II >r II ■ 326.15' OF S 1226.50' OF GL -4 111 n0K c n •4 11 OF E 110' 1 I • 195' OF 275' OF 1INNS 114 WOOF iT,= 45)'!50 85):550 - i3.di7A� BA- 85 381) e:000F4yno a /,953153-81 V£Y L (94 791 Fc � 11: VIZI 985'381 - _1 1O:LOO(A /VE Ib 1194 u •' /NDA rn� /rr I (985 381 C1-1081 173• � � s a STREET 1• °1 b RVEY L-! . G's � '1134/52• II >r II ■ 326.15' OF S 1226.50' OF GL -4 111 n0K c n •4 11 OF E 110' 1 I • 195' OF 275' OF 11� 10'u ESHT 3064 1005 114 WOOF iT,= 45)'!50 85):550 - i3.di7A� BA- 85 381) e:000F4yno a /,953153-81 —T � : d • =17,1 9 T3Fa es A.C. ¢e 6c. Nr `� �s 9531542 EX. R v 1 11 o.•a l9 316 t,+760A— ' ' R0. VAC. FROM 401 q v I` 00 a 51123 OF 11223.30' OF _ �0 UE9r ESI.10 s0; L-! . G's � '1134/52• II %55 II ■ 326.15' OF S 1226.50' OF GL -4 111 11 OF ST. RD. EI. =.150' 11 OF E 110' 1 I • ■ 150l aF 61'1 10'50, E 10's. E34T 432:1 11� 10'u ESHT 3064 1005 114 WOOF iT,= : - _ _ ■D + ;IY4 MA_ i3.di7A� BA- e:000F4yno a —T � : d • =17,1 M31 4M3 T3Fa es A.C. ¢e 6c. Nr `� �s :r 1 11 o.•a 316 t,+760A— ' 'C L-1 LE14 E1L st 603 ! 1 GIPE S ORES 00 I • JOHNSON 5,rA S The Times Published Weekly on Wednesdav The Star Advocate Published Weekli on Wednesday The Tribune Published Weekly on Wednesday The Bay Bulletin Published Wee lly on Wednesda-i Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MELISSA ANNITTO who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY—, a newspaper published in Brevard County. Florida, that the attached copy of advertising being a LEGAL DI SPLAY AD in the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF ZONING AMENDMENT PUBLIC HEARING 2x10 DISPLAY was published in the FLORIDA TODAY NEWSPAPER in the issues of MARCH 4, 1997 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..�r�i""' w // (Signature oAffiant) Sworn to and subscribed before me this 4 day of MARCH 97 is— (Signature of Notary Public) -,rsonally Known Type of Identification Produced LINDA L. BRAUD (Name of Notary Typed. Printed or Stamped) or Produced Identification legal-afficiavit — _ — ;'—'��-�l•Li:i•1•i•J It -to MEN I I W I V Alll 1401 Clearlake Rd. • Ca Across from Office Depot 71,041 Located at JC Plaza NOTIiE OF ZONING ter• NOTICE OF ZONING AMENDMENT PUBLIC HEARING The Brevard County Boardof proposes to adopt the followiwin The City of Cape Canaveral proposes a zoning amendment to change below. A public hearing to consid the classification of certain property from R-3 (Medium Density held during the Board of County ( Residential District) to M-1 (Light Industrial District) in the City of on March 11, 1997 beginninc Cape Canaveral. Commission Chambers, 1st flo A PUBLIC HEARING on the PROPOSED ZONING AMENDMENT County Government Center, 272 will be held by the Local Planning Agency of the City of Cape Way, Viera,'FltfrM to consider 1 Canaveral, on Wednesday, March 12, 1997, at 7:00 P.M. in the City Hall below. Interested parties may ap Annex, 111 Polk Avenue, Cape Canaveral, Florida. be heard with respect to the prop The Local Planning Agency will consider the recommendations made AN ORDINANCE AMENDII by the City of Cape Canaveral Planning and Zoning Board by "LAND DEVELOPMENT RE( reviewing the following proposed amendment to the City's Code of OF ORDINANCES OF B Ordinances: FLORIDA; AMENDING ARTIC ORDINANCE NO. 02-97 SUBDIVISION III, "CON[ AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, SPECIFICALLY AMENDINC FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS "TOWERS AND ANTENN/ DESCRIBED IN SECTION 110-246, OFFICIAL ZONING MAP, BY ADDITIONAL CONDITION; CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY CIRCUMSTANCES WHERE FROM R-3 (MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M- USE PERMIT IS NOT REQ 1 (LIGHT INDUSTRIAL DISTRICT) AS DESCRIBED IN EXHIBIT FOR LOCATION OF ANTEN "A"; PROVIDING FOR CONDITIONS OF APPROVAL; STRUCTURES, PROVIDING PROVIDING FOR REPEAL OF PRIOR AND INCONSISTENT PROVISIONS; PROVIDING F ORDINANCES AND RESOLUTIONS; PROVIDING FOR PROVIDING FOR INCLUSIOI SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. COUNTY CODE; AND A copy of the proposed ordinance and map is on file in the Office of the EFFECTIVE DATE. City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 3:00 pan. Copies of the request to be cone Interested parties are invited to attend this meeting and be heard. An at the following public libraries: I\y Central Brevard ard (Cocoa), Co co, and (Cdt person who decides to appeal any decision made with respect to any Melbourne, (Palm matter considered at this meeting will need to ensure that a verbatim the request are also available f) record of the proceedings is made, which record includes the testimony County Manager's Office, 3rd fl and evidence upon which the appeal is to be based. County Government Center, 272 Sandra Rozar Sims, CMC Way, Viera, Florida. City Clerk LOCATION MAP If a person decides to appeal ar board, agency, commission Witt considered at such meeting or . -f need a record of the proceedii purposes, he or sheimay need t( record of the proceedings is mad -� the testimony and evidence upo, be based. Long Pvint w. Persons seeking to preserve a v record must make those arras expense. > The needs of the hearing or vi shall be met if the depar meeting/hearing is contacted at far the public meeting/hearing b) -^• assistance. Per: Richard D Enos, Zoi Brevard County Governn 2725 Judge Fran Jamies Viera, FL 32940 (407)633-2070 rs � 4 i � a. r �r ..Wuu■uuu. i! r. d!i� ih ,�l■ +uu p �" - k3...J vJ��� w. I.ICSOC■ASi I4II9EL � i .,�Nnl ttlllll 11118111.1161MI7Y1�+,,,_/_ �iptnil■YI. � I � wrt a u■I NIEUJv= �,�n L :1911 �t �Inu wl Jr,B 111'- � yaw nplt u■n umnrriu_ �t1�t tH91■{tIIINIII '�� �p IItltltt9■0 ��' IINI■i(!I■111 ■■_ L �y -- ;al■'111a1! 811 tl1'1■� ��i J. 11 I■1 3. "11811 p�111 I .— _�� #-J'"3 i I(YI— 11111■�e'�1 ' • • a, 1611■11� Ll tea,\E+'1■IN! SIB !11/1= �f'i`tx' pice,, Wd•j - �� tiElm =r I� �IIII. ■..E iE-+R - �t1A 8■tF?' - -- ■ ;tttlt{ a D Cj➢7Q �- C`➢ =m�m7D = _ m �c>7370 — min �` ➢ Z -71D ��a Dom➢ 73 � ➢ o�o �`�,mz0—`�➢CC) ���n`� O =7;�➢O 0 ➢ O l S -1 rn f rn com ���rnmm��z O - 73,T,�-O�'�m 7 T,➢0-`� _ R� 77 Z ➢ O ➢ � 7v�-- �C1�zO0 77 m ➢0-76`�r�- rn�z�0 _ �,z �Q 1 FID -- C m -mN�rnz�-\ Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Ordinances - 2nd Reading Item 5 No. Exhibits Attached: Building Official's memoranda dated 09-19-97 and 09-10-97 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance No. 13-97, Amending Section 98-92 Streets and Section 110-475 Sidewalks, Required to Allow the Use of Fibermesh Concrete DEPTJDNISION: Planning & Zoning/Growth Management Requested Action: That the City Council consider adoption of this ordinance at second reading. Summary Explanation & Background: The ordinance updates our codes and sets standards to allow the construction of sidewalks and concrete driveways with fiberglass or wire mesh. This amendment was approved by the Planning & Zoning Board. Exhibits Attached: Building Official's memoranda dated 09-19-97 and 09-10-97 City Man- Office Department d:\cityman\admin\council\meeting\1997\10-21-97\sidewalk and driveway construction. doc ORDINANCE NO. 13-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 98-92, STREETS, AND SECTION 110-475, SIDEWALKS REQUIRED, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR THE USE OF FIBERMESH IN SOME SIDEWALK AND DRIVEWAY CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; 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. Subparagraph (3) of paragraph (t) of Section 98-92, Streets, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (t) All sidewalks shall be a minimum of 3 '/2 inches thick, 2500 psi concrete, reinforced with six by six # ten welded wire mesh or with polypropylene fibers ("Fibermesh"), with expansion joints at 30 - foot intervals and construction joints at five foot intervals. SECTION 2. Paragraph (u) of Section 98-92, Streets, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (u) Driveway apron shall be a minimum of six inches thick, 2500 psi concrete, with six by six # ten, welded wire mesh. Driveways shall be a minimum of 3 '/2 inches thick, 2500 psi concrete, with a six by six # ten welded wire mesh or with polypropylene fibers ("Fibermesh"). SECTION 3. Paragraph (e) of Section 110-475, Sidewalks Required, is hereby deleted in its entirety, and the following is adopted in lieu thereof: (e) Construction of sidewalks shall be completed prior to the issuance of the certificate of occupancy or final inspection. Costs of construction shall be borne by the property owner. The construction of the sidewalk shall be in accordance with the provisions of Section 98-92(t) of the Code of Ordinances of the City. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining City of Cape Canaveral Ordinance No. 13-97 Page 2 portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5. CONFLICTING PROVISIONS. Any ordinance or resolution or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21St day of October, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Copies: P&Z Board Building Official D: \cityclerk\CityClk\Ordinances\Sidewalks.doc Burt Bruns Tony Hernandez Buzz Petsos John Porter Rocky Randels John K. Porter FOR AGAINST Posted: October 8, 1997 Publish: October 10, 1997 First Reading: October 7, 1997 Second Reading: October 21, 1997 The Orlando Sentinel Published Daily $18.04 6tate of fflortbaS.S. COUNTY OF ORANGE Before the undersigned authority personally appeared JULIA NICHO , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at ;`ptpA in a R r' V A R D County, Florida; that the attached copy of advertisement, being a M8 j'TCF' fli�' pJJRIL T[ in the matter of DR DTMAMrF__#1_-4—__g_7— in the R!?FVARI) Court, was published in said newspaper in the issue; of bf1 j1nZ9? Affiant further says that the said Orlando Sentinel is a newspaper published at C O CIIAin said RRFVARD County, Florida, and that the said newspaper has heretofore been continuously published in said BREV ART) County, Florida, each Week Day and has been entered as second-class mail matter at the post office in COCOA in said Mr V e? D County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for theAur ose of securing this advertisement for publication in the said newspape . The foregoing instrument was acknowe g led before me this H day of OCTOBER , 19-27 , by U A NICHOLS who is personally known to me and who i t k EF VSN ENT iARRAS (SEAL) OAMyComm Up. 910120 01 NsonaEa By serVlCs msy Nn rf7g7r,"M6 ,no a Council of the Cil Caps anaveral, Florida Ahold a Public Hearing for an c"IV;P 3 97f at a Cit�Haldinl nex, 111 Polk Avon. ro„e to Out RED, OF THE CODE OF CAPE CANAVERAL. FLORIDAPROVIDIN FOR THS USE FIBEW MESH IN SE. WALK AND O DRIVME EWAY PRO. VIDING FOR SEV�RABILI. TY; PROVIDING FOR RE. ORDINANCESNA D RES - DILUTIONS; AND PROVID. IINAG FOR AN EFFECTIVE Pursuant to Section 286.1015, Florida Statute@, the City here-, by advises the public that: If a person decides to appeal any decision made by the City Council with respect to any net. ter considered atthis meeting, that person wiu need a record of the proceedings, and for such: purpose that person may need M ensure that a verbatim record Of the proceedings is made, which record includes the testi- the pvpel Is evidence based. This notice does not constitute con - tion or admission intoo evidence of otherwise inadmissible or ir- relevant evidence, nor does it authorize challenges or appeals not otherwise al owed by law. Persons with disabilities need. ing assistance to participate In any of these proceedings should contact the City Clerk s, Office (868.1221) 48 hours in ad. vane of the meeting. Sandra Rozer Sims, CMC CT ib BRE1768948 O1gg September 19, 1997 MEMORANDUM: City of Cape Canaveral TO: Bennett Boucher, City Manager Mayor & City Council Members FROM: G. J. Moran, Building Official Re: Code Amendment To Sections 98-92 & 110-475 / Driveways & Sidewalks The amendment proposed by staff and recommended unanimously by the Planning & Zoning Board is to update the city's requirements to the latest recognized construction techniques and materials. Staff recommends approval of the amendment. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 September 10, 1997 MEMORANDUM: City of Cape Canaveral TO: Planning & Zoning Board Members FROM: Whitey Moran, CBO Building Official' Re: Proposed Amendment To Code section 98-92(u) If the board is agreeable to the above referenced proposal the following wording may be considered: SECTION 98-92(U) NOW READS: (u) Driveway aprons shall be a minimum of six inches thick, class B concrete, with six by six by ten by ten wire mesh. Driveways shall be a minimum of four inches thick, class B concrete, with a six by six by ten by ten wire mesh. CHANGE PROPOSED: (changes are bold, underlined and italicized (u) Driveway aprons shall be a minimum of six inches thick, 2500 psi concrete, with six by six # ten, welded wire mesh. Driveways shall be a minimum of 31/2 inches thick, 2500 psi concrete, with a six by six # ten welded wire mesh or with polypropylene fibers ("Fibremesh'). 105 POLK AVENUE • POST OFFICE 80X 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 14071 868-1200 • FAX 14071 799-3170 § 98-92 (t) Sidewalks shall be constructed as follows: (2) Marking boundary lines. Comers arid/or an - (1) Residential areas shall have a sidewalk no gles in property Hnesshall be"m ' arked "with. less than four feet wide. four -inch by four.'in-ch- b-' concrete monuments with 2Y4 -inch brass - c aps I . The - 30 -inch con" (2) Arterial and collector streets shall have a concrete monuments shall be reinforced sidewalk five feet wide. with a no: 4 steel- rod.* (3) All sidewalks shall be class B concrete, four (3) Computations. TWO . copies of computations .--.,inches thick, with six by six by ten .wire - of closure shall be submitted for the ap- mesh, expansion joints at 30 -foot intervals pro v ;of the city engineer. and construction joints scribed at five-foot (Code 1981, § 563.09(D);. 6 _N6_.-2'2_-9_ intervals. _ 3) 1(503.11(D)),7-6-93) (4) All sidewalks must be appr'oved by ythe city engineer.. Sec. 98-94. Final acceptance of work. (u) Driveway aprons shall be a minimum Of six (a) Maintenance of the improvements enumer- w-ith's'IX by- "six b not be finally accepted by inches thick, class B concrete, y ated in this article will ten b" hall the -un is fully- complet6 y ten mesh. Drivewii�s s be a mm- city til all work d from imurn of four inches thick, "S B_'&6'n'_cr_e'te� with right-of-way . line and'approved and certified by ty engineer. a six by six by'ten by ten wire'mesh. the ci (y) Catch basins and- drop inlets 'shall be con- (b) Anconstruction shall be in accordancewith' structed of either masonry, or re the applicable'state'depArt:n department of transportation ce i4lor d class, B an co d un ty road s, ca ions.-.�N"_ p6ciff t*--""4f�----��—"�'�,,'k"--- 6 d 03- Noy1 22-93i!.� (Code 5 .09(F)- Drair�age pipe shall be of a material w 1(503 1_1(F))_, �Lp_ proved "i'n-"the -' "Roadway and Traffic' - ;.7 '-_1 J! R tail An s, latest editio by thestate . -----Secs".:�4.-,957,'-08-105.-�lt,&se'r-"vi" n, as prepared de-p'artffibrit of transpo ion. - W The developer will furnish and install street DIVISION 2., DESIGN STANDARDS markers at all intersections. Such street markers will be of the- quality and design as approved by Sec. 98-106. Blocks . X;3 the city engineer. (a) The lengths, 'Mdi& blocks in and shapes (y) Seeding and planting of median-kriDs sh�ll a subdivision shall be de terniined _with_ due re - be per city specifications.* gard to the following: - (Code 1981, 4 503.09(C)W;'_Ord. No.- 22-53, § 1(503.11(C)(4)), 7-6-93) (1) Provision of adequate building sites suit- able to the special needs of the use bontem- See. 98-93. Boundary line survey. plated. The subdivision boundary line survey shall con- (2) Zoning requirements as provided in chapter form to the following: 110 of this Code as to lot sizes and dimen- sions. (1) Clos'ure.­ (3) Such access, circulation, control and safety a. The angular error of closure shall not of street traffic as deerned necessary to pro - exceed one minute times the square tect the public health, safety and welfare. - root of the number of observations. b. The linear error of closure shall not ex- (4) Limitations and 6pportunitie's-'of, topog- ceed one foot in 5,000 feet. raphy. c. The closure error shall be adjusted by (b) Block' lengths shall not exceed 1,500 feet or the transit method. be less than 500 feet. CD98:18 e not expose to weather or in contact with ground: Slabs, walls, joists: #14 and #18 bars 1 1/2 (38 mm) #11 bar and smaller 3/4 (19 mm) Beams, columns: Primary reinforcement, ties, stirrups, spirals 1 1/2 (38 mm) Shells, folded plate members: #6 bar and larger 3/4 (19 mm) #5 bar, W31 or D31 wire, and smaller Table 1908.6 -_ Cast -In -Place Concrete Reinforcement Protection Minimum Concrete Cover Exposure (inches) Concrete cast against and permanently exposed to earth 3 (76 mm) Concrete exposed to earth or weather: #6 through #18 bars 2 (51 mm) #5 bar, W31 or D31 wire, and smaller 1 1/2 (38 mm) Concret d e not expose to weather or in contact with ground: Slabs, walls, joists: #14 and #18 bars 1 1/2 (38 mm) #11 bar and smaller 3/4 (19 mm) Beams, columns: Primary reinforcement, ties, stirrups, spirals 1 1/2 (38 mm) Shells, folded plate members: #6 bar and larger 3/4 (19 mm) #5 bar, W31 or D31 wire, and smaller 1/2 (12.7 mm) 1908.6.2 The minimum cover for reinforcement in precast concrete manufactured under plant control conditions, and for prestressed concrete shall be in accordance with ACI 318. 1908.6.3 In corrosive environments or other severe exposure conditions, amount of concrete protection shall be suitably increased, and denseness and nonporosity of protecting concrete shall be considered, or other protection shall be provided. 1908.6.4 Exposed reinforcement, inserts, and plates intended for bonding with future extensions shall be protected from corrosion. 1908.6.5 When this code requires a thickness of cover for fire protection greater than the minimum concrete cover specified in 1908.6 or ACI 318, such greater thicknesses shall be used. 1909 SLAB ON GROUND 1909.1 Minimum Thickness The minimum thickness of concrete floor slabs supported directly on the ground shall be not less than 3 1/2 inches (89 mm) unless designed by an architect or engineer. Standard Building Code01994 Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Ordinance - l't Reading Item 6 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance No. 14-97, Amending Section 110-137, Amendments and Rezoning DEPTIDIVISION: Planning & Zoning/Growth Management Requested Action: City Council consider approval of Ordinance No. 14-97 for second reading. Summary Explanation & Background: The Planning & Zoning Board recommended this amendment at the October 8, 1997 meeting. This proposed ordinance would adopt the State Statutes as the procedure for adopting Zoning and Comprehensive Plan Amendments. I recommend approval. Exhibits Attached: Ordinance No. 14-97/Existing 110-137 City Ma Vs Office Department y� �'' d:\cityman\admin\council\meeting\1997\10-21-97\amendments and rezoning.doc ORDINANCE NO. 14-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 1109 DIVISION 4, AMENDMENTS AND REZONINGS, BY AMENDING SECTION 110-137, PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; 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 110-137, Procedure, of the Code of Ordinances is hereby repealed in its entirety and the following is adopted in lieu thereof: (a) The procedure for a zoning classification change or any comprehensive plan amendment shall be the procedure as adopted or promulgated by the State of Florida in Chapter 163 and Chapter 166, Florida Statutes. (b) Any amendment to this chapter, other than a zoning district boundary change, may be proposed by: (1) The city council. (2) The planning and zoning board. (3) Any department or agency of the city. (4) Any person. (c) All proposed amendments, other than a zoning change contained in subparagraph (a) above, shall be submitted to the planning and zoning board for study and recommendation. The planning and zoning board shall study such proposals to determine. (1) The need and justification for change. (2) The relationship of the proposed amendment to the purpose of the city's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan. (d) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommendation. City of Cape Canaveral, Florida Ordinance No. 14-97 Page 2 (e) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in Section 166.041, Florida Statutes, as amended. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. of ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1997. John K. Porter, Y R ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Sandra O. Sims, CITY CLERK Buzz Petsos John Porter Rocky Randels APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Posted: Publish: First Reading: October 21, 1997 Second Reading: D:\cityclerk\CityClk\Ordinances\ZONING\Rezonings. doe day § 110-122 Sec. 110-122. Hotels and motels. CAPE CANAVERAL CODE Certificates of occupancy issued for hotels and motels shall be issued for the entire hotel or motel project up to 150 units and after 150 units shall be issued in minimums of 50 units per each certifi- cate of occupancy. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08) Secs. 110-123-110-135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law and this division. (Code 1981, ch. 647) Sec. 110.137. Procedure. J (a) A zoning district boundary change may be initiated by: (1) The owners of at least 75 percent of the property described in the application. (2) Tenants with the owners' sworn consent. (3) Duly authorized agents evidenced by a written power of attorney. (4) The city council. (5) The planning and zoning board. (6) Any department or agency of the city. (b) Any amendment to this chapter, other than a district boundary change, may be proposed by: (1) The city council. (2) The planning and zoning board. (3) Any department or agency of the city. (4) Any person. (c) All proposed amendments shall be submitted to the planning and zoning board for study and recommendation. The planning and zoning board shall study such proposals to determine: (1) The need and justification for change (2) When pertaining to the rezoning of land, the effect of the change, if any, on the par- ticular property and on surrounding prop- erties. (3) When pertaining to the rezoning of land, the amount of undeveloped land in the gen- eral area and in the city having the same classification as that requested. (4) The relationship of the proposed amend- ment to the purpose of the city's plan for development, with appropriate consider- ation as to whether the proposed change will further the purposes of this chapter and the plan. (d) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommenda- tion within 30 days following its official action on the request. The city council may extend this time limit for good cause. (e) No recommendation for change or amend. ment may be considered by the city council until due public notice has been given of a public hearing. Public notice of the hearing shall be given only after the planning and zoning board has sub- mitted its recommendation concerning the change or amendment, and the public notice of the hearing shall be given at least 14 days in advance of the hearing by the publication in a newspaper of reg- ular and general circulation in the city, and no- tice shall be posted at city hall. (f) A courtesy notice may be mailed to the prop- erty owner of record within a radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall not affect any action or pro- ceedings taken under this division. (g) When any proposed change of a zoning dis- trictboundary lies within 500 feet of the boundary of an incorporated or unincorporated area, notice may be forwarded to the planning and zoning board or governing body of such incorporated or CD110:22 ZONING unincorporated area in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of such district boundary change. (h) When the city council proposes a change in zoning classification of a single parcel or a group of not more than 500 parcels of any property within its jurisdiction, it shall be the duty of the city council to give notice by mail to each property owner whose zoning classification is proposed to be changed. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes, for the jurisdiction pro- posing the change and shall be postmarked no later than ten days prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected property, the existing zoning classifica- tion, the proposed zoning classification and the time and place of any scheduled hearing concern- ing the proposed zoning change. Prior to the effective date of any zoning classification change, the city council shall cause an affidavit to be filed with the city clerk certifying that the city council has complied with this section. The filing of the affidavit shall be prima facie proof of compliance with this section. A failure to give notice shall not affect the validity of zoning, except as to the property of the complaining owner. (Code 1981, § 647.01) / Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain con- ditions, limitations or requirements not applica- ble to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. When a proposed change in zoning district boundaries has been acted upon by the city coun- cil and disapproved or failed to pass, such pro- posed change, in the same or substantially simi- lar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the § 110-171 original request was initiated by the city council, planning and zoning board or any department or agency of the city nor shall such restriction apply to the city council, the planning and zoning board or any department or agency of the city. (Code 1981, § 647.05) Secs. 110-140-110-160. Reserved. ARTICLE IV. SPECIAL EXCEPTIONS DIVISION 1. GENERALLY Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconform- ing. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162-110-170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES* Sec. 110-171. Establishments serving alco- holic beverages. (a) Establishments which shall require a spe- cial exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or per- mit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consis- tent with all the conditions as set forth in this subsection and also the following: (1) The establishment shall not be within 300 feet of any existing church, schoolgrounds or playgrounds. Measurement shall be made Supp. No. 3 CD110:23 *Cross reference—Alcoholic beverages, ch. 6. Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Discussion Item 7 No. of billing and collections. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Garbage Contract Extension Discussion DEPT./DIVISION: Legislative Requested Action: City Council review and comment on the proposed contract extension. Summary Explanation & Background: Mayor Pro Tem Randels and I met with representatives of USA Waste to work out the dumpster location issue and other numerous issues raised by mayor Pro Tem Randels. USA Waste has also agreed to pay the $.30 processing charge the City of Cocoa assesses each customer for the cost of billing and collections. Please advise. Exhibits Attached: Proposed contract City Man Office Department 11M110s d:\cityman\admin\council\meeting\1997\10-21-97\garbage contract extension.doc CITY OF CAPE CANAVERAL AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES THIS AGREEMENT is made and entered into as of the day of , 1997, by and between the CITY OF CAPE CANAVERAL, a duly organized municipal corporation (the "City"), and WESTERN WASTE INDUSTRIES, INC. d/b/a USA WASTE SERVICES (the "Collector"). Back round The Collector has been performing garbage collection and recycling services for the City pursuant to the Garbage and Rubbish Collection Agreement dated September 19, 1989 as amended by Addendum No. 1 dated August 18, 1992. The Collector has agreed with the City to reduced rates for certain residential services and the City has agreed to extend the term of the existing agreement. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Exclusive Contract. The City grants to the Collector the exclusive right and obligation to provide solid waste and recycling collection services within City boundaries. 2. Term. The term of this Agreement begins on the date set forth above and extends until September 30, 2004. In addition, the City grants to the Collector three options to extend the term of this Agreement for a period of one year each. These one-year options may be exercised by giving written notice to the City at least six (6) months prior to the expiration of the current term or any extended term. During any option period the terms and conditions of this Agreement will remain unchanged. 3. Rates. The following monthly rates for garbage and trash removal shall apply from the date of this Agreement. In addition, the Collector has agreed to a rate reduction of $.30 per unit per month for those services the City is responsible for billing. a. Single family, duplex and triplex .................... $7.71 per unit per month b. Mobile home units and individual apartments or condominiums ........................ $4.88 per unit per month C. Individual commercial business accounts with trash cans .......................... $10.85 per unit per month G:\WP\02700001\AGR CANA.01 d. Commercial dumpsters used by commercial business, apartment complexes and condominiums ......... $27.86 per containerized yard per month e. Special collection services - in addition to the normally provided twice weekly service for commercial dumpsters as provided in paragraph "d" above ......................... $3.86 per containerized yard per pick-up f. Recycling Service ................................. $2.13 per dwelling unit g. Roll -off Containers (1) Container delivery ................................... 50.00 (2) Per Pull 20 cu. yd .............................. 135.00 30 cu. yd .............................. 160.00 40 cu. yd . ............................. 185.00 (3) Actual disposal cost shall be added to the pull charge plus 20%. (4) Dry runs (any scheduled pick-up, pull, or delivery which cannot be completed due to a customer problem -not a Collector problem) shall be charged $50.00. The total amount charged by the Collector shall be based on the number of units serviced as changed from time to time. 4. Rate Adjustment. The rates set forth in paragraph 3 shall remain unchanged until September 30, 1999. On September 30, 1999 and on September 30 of each year thereafter, the rates shall be adjusted based upon a 15% reduction in any annual increase in the Consumer Price Index (the "CPI") for all Urban Consumers, unadjusted (U.S. City Average: all items) issued monthly by the U.S. Department of Labor, using the years 1982-1984 as a base of 100. On September 30 of each year, beginning on September 30, 1999, the rates shall be adjusted by multiplying the rates then in existence by a fraction, the numerator of which shall be the Index Number for all items, all Urban Consumers, as set forth in the CPI for the month of July of that year and the denominator of which is the Index Number for all items, all Urban consumers Price Index for the prior July. In no event will the rates decline, but if the CPI increases, then the CPI factor shall be reduced by 15% before applied to increase the rates. In the event that the Department of Labor no longer publishes the CPI, or if there is a significant change to the method of collecting the CPI, the parties will agree on a new formula similar to the existing CPI formula. The rates shall not increase by more than 10% per year (any increase for Workers Compensation insurance as described below will not cause the rates to increase by more than 10% per year), but if the CPI (as described) increases by more than 10%, then any increases over 10% shall carry over to the next year and be added to the CPI percentage for the next year. G:1WP\027000011AGR CANA.01 2 The monthly collection rates shall also be adjusted based upon any increase or decrease in the standard Workers Compensation Insurance rates applicable to the Collector without experience modification based on actual payroll in the month following the change. The Collector may request an increase in rates in the event of an extraordinary expense or occurrence. 5. Collector's Obli ations (A) Garbage Pick Up. Garbage and trash pick up shall occur twice weekly from all locations unless specified otherwise. Pickup will be from the customer's curbside location (curbside service) or pre -selected dumpster locations. Rear door service shall be provided at no extra charge for customers who have been designated handicapped by the City. Rear door service will also be available at a standard additional charge, "as provided in Section 7 of Addendum I," for any locations one hundred (100') feet or less from curbside. Any service in excess of one hundred (100') feet from curbside will be charged at a rate to be negotiated between the Collector and the customer. The Collector is not required to collect garbage on City holidays, but the Collector will still be required to collect garbage twice each week regardless of holidays and the household garbage will be picked up on the day after the holiday. (B) Horticultural Pick Un. An additional, separate horticultural trash pick up shall be provided once per week for all horticultural trash placed at curbside. Horticultural trash that is suitable to be containerized shall be placed for collection in an individual container. Plastic bags will not be acceptable. The Collector will also pick-up horticultural trash from vacant lots so long as the horticultural trash is placed at curbside. (C) Bulk Items. The Collector will collect residential bulk items (such as appliances, furniture, etc.) on a weekly basis for no additional fees. However, bulk items which may be generated by commercial or industrial operations will be charged separately for pick-up of such bulk items. (D) Provide Containers. Unless directed otherwise by the City, the Collector will provide industrial containers for multi -family housing complexes and to businesses requiring such containers at reasonable rental rates. Absent unusual circumstances, industrial containers will be supplied by the Collector within three days after request. (E) Equipment. The Collector shall maintain its equipment and containers in good working order and with a clean appearance. The Collector shall have reserve equipment at its disposal so that the Collector may perform the services required herein in the event of some equipment failure. The containers used shall have easy opening, positive closing lids, and the Collector shall spray the industrial containers with disinfectant every 30 days. However, the customers shall be responsible the proper care of containers provided by the Collector. The Collector shall take reasonable action to deodorize the containers against normal odors, but in the event that removal of the container or pressure washing is needed, then the Collector may add the cost of cleaning, removal, and replacing such container to the customer's bill. (F) Collector Personnel. The Collector shall maintain qualified personnel at all times to perform the work as described in this Agreement. All personnel will wear a clean uniform or shirt bearing the Collector's name. (G) City Facilities. The Collector shall pick up all refuse and trash from all City facilities, including parks and all recreational complexes, and containers at all beach and streets, at no cost to the City. G:1WP\02700001\AGR CANA.01 3 (H) Hours. Except in emergencies, the Collector may not collect in residential areas earlier than 7:00 a.m. or later than 7:00 p.m., E.S.T. or 9:00 p.m. E.D.T., Monday through Saturday. No collection activities will normally occur on Sundays in residential areas. (I) Litter. The Collector shall not litter in the process of collection or hauling. In the event of litter or spillage, the Collector shall clean it up promptly. (J) Approved Containers The Collector shall not be required to collect solid waste unless it is in approved containers. (K) Special Materials. The Collector will provide hauling service for materials not routinely generated in residential areas. Collection of special materials, roll -off, open -top, and compactor service will be contracted between the customer and the Collector. (L) Extraordinary Materials. Unless otherwise agreed by a separate understanding, the Collector will not be required to collect any hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle and boat parts, large equipment and parts, materials not generated by the owner (such as tree trimmers or roofers). (M) Communication. In addition to its regular office in Brevard County, the Collector will provide emergency telephone service. (N) Disposal. All refuse (not recyclables) shall be disposed of at the Brevard County Solid Waste Disposal Station. (0) Routes. The Collector will provide the City with current rates and collection schedules and shall notify customer of any changes in pickup schedules not less than one (1) week before the change. In addition, the Collector will, unless a change is reasonably needed, maintain the same pick- up schedule from week to week so that City residents will know when their garbage will be collected. (P) Books and Records. The Collector shall keep records of all costs and expenses incurred in performance of this Agreement. These records shall be made available to the City to substantiate all contract adjustments. An annual audit may be requested by the City and conducted by an auditor selected by the City. (Q) Container Enclosures. The City desires to have all front-end loader containers kept in enclosures, and the Collector will, when feasible, pick-up and place front-end loader containers in the enclosures provided. However, to insure that such enclosures are practical, all new enclosures or existing enclosures which are to be reconstructed, remodeled, or renovated must be approved by the Collector as the placement, positioning and size of the enclosure. (R) Reports to City Council. The Collector will present a report, quarterly, to City Council regarding the status of garbage collection within the City. 6. City Responsibilities. (A) Billing. The City will handle all billing and collection services in connection with City Refuse Accounts except when special rates apply or roll -off service in which case these special services will be billed by Collector. The Collector will have primary responsibility for enforcing this Agreement against competitors or third parties except for scavengers who will be prosecuted by the City. (B) Certification of Accounts. The City will certify to the Collector on the last Friday of each month the number and size of all containers. (C) Payments to Collector. Collector shall submit to the City its monthly statement for services provided during the prior month. The statement will be in the format reasonably requested by the City. G:1WP102700001\AGR CANA.01 4 (D) Complaints. All complaints will be referred to the City. Any complaint deemed by the City to be services shall be forwarded to the Collector for a written response or explanation and statement of corrective action. The Collector will respond to all complaints in an expeditious manner. 7. Recycling Program (A) Recyclable Materials. The Collector shall collect the following: Newspaper: Newspaper only. No phone books, brown paper, colored newspaper, magazine paper, etc. Aluminum Cans: No tin cans, odd pieces of aluminum, such as toys, chairs, etc. Glass Jars / Bottles: No mirror, window pains, windowshields, etc. Plastic Bottles: Milk and drink bottles only. No soap, clorox, oil bottles or odd pieces of plastic. NO STYROFOAM. Other items may be collected at Collector's option. The Collector shall furnish a single bin to each home for the purpose of storing recyclable materials in the home and identifying the recyclable materials at the curb. When reasonably needed, the Collector will replace bins that are damaged. The size of the bins will be selected by the Collector and the color (within range of availability) by the City. The bin may have both City and Collector names on the bin. The City may inspect the recyclable materials to ascertain that they conform to the requirements of this Agreement and to the type of bins, weight of bins, etc. The Collector will not be required to collect materials that are in violation of this Agreement. The non -recyclable materials in the recycling bin will be left in the bin at the residence as examples of incorrect materials that should not be placed for collection. (B) Services to be Performed by City_. City shall be assisted by the Collector in conducting a public awareness campaign to promote the City's recycling program. All materials and publications used by the Collector shall be reviewed by the City and that used by the City referring to the Collector shall be reviewed by the Collector. (C) Compensation to City. (1) The Collector will maintain accurate weight records of each type of recycling material collected within the City. The recyclable materials will be mixed with similar materials collected from other recycling areas. The materials may be held until enough volume is accumulated and/or the offering price appears to be in the best range under the existing condition, in the judgment of the Collector, at which time the material will be sold. The cost for processing, and shipment will be taken out of the revenue received for the sale of material. The remaining money, if any, will be the City's. The recyclable materials may be handled through a County processing center if and when one is developed. The revenue from the materials would be handled in the same manner as above. (2) Within fifteen (15) days after the Collector receives the revenue for the materials, a check for the City's portion of the money will be mailed to the City. (D) Reporting Requirements. (1) Monthly Reports: The Collector will provide the City with a monthly statement showing the quantity of recyclable material collected, the expenses and the revenues relating to the recyclable materials. This report will identify by week, by type of material, the amount of recyclable materials collected from the City. It will also show the accumulative amounts of G:1WP102700001\AGR CANA.01 5 material from the City at the Collector's site, and the amount of the City's materials sold that month. (2) Material's Sales Report. Within two (2) weeks of each materials sales, a report will be issued to the City showing the amount of materials from the City that was involved in the sale, the portion of the storage, processing and shipping cost, and the amount of money due the City. If the cost exceeds the revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City will receive one hundred percent (100%) of the excess. (E) Bins The Collector will initially provide City residents one (1) portable bin for recyclable materials to accommodate the amount of recyclable materials generated by those particular premises. Heavy-duty plastic bags of the type especially manufactured for rubbish collection, and trash compacter sacks, may be used for materials that occasionally exceed the bin capacity. Grocery cartons and paper sacks are acceptable as excess recyclable material bins, provided that are not torn, wet, or otherwise damaged. The residents are responsible for proper care of the container. (F) Placement of Bins. On the day designated for collections, City residents shall place the bin on the curb at the normal collection point. Each bin containing recyclable material shall be placed on the curb not later than seven (7) a.m. on the day of collection. (G) Turning in Bins. When vacating a residence, the resident must turn in the bin to the Collector or City. If the bin is not turned in, the resident will be charged the current replacement value on their final bill. (H) Title. The City shall have title to all refuse material, but all recyclable material collected by the Collector shall become owned by Collector upon collection. 8. Performance Bond. The Collector shall furnish to the City a Performance Bond for the faithful performance of this Agreement and all obligations arising hereunder, in the amount of forty-five thousand dollars ($45,000.00). It shall be executed by a surety company licensed to do business in the State of Florida. 9. Workers Compensation Insurance. The Collector shall provide and maintain during the life of this Agreement, adequate Worker's Compensation Insurance, in accordance with the laws of the State of Florida, for its employees. A copy of the policy, annual audits and policy renewals must be provided to the City by the Collector, and accompanied by a list of applicable Collector's personnel. 10. Liability Insurance. The Collector shall provide and maintain during the life of this Agreement, Public Liability and Property Damage Insurance and Umbrella Coverage in the following amounts: Public Liability: $100,000 per person/$300,000 per accident, minimum Property Damage: $100,000 per any one claim, minimum Umbrella Liability: $1,000,000.00 with a $25,000 deductible and/or base insurance minimum to protect itself, its agents, and its employees from claims for damages for personal injury including wrongful and accidental death and property damage which may arise from operations under this Agreement, whether such operations be performed by itself or its employees. The policy or policies shall name the City as additional insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage, without first giving the City thirty (30) days notice in writing. G:\WP\02700001\AGR CANA.01 6 If practical, the Collector will seek to obtain long-term policies to obtain lower premiums. The Collector shall provide the City with copies of all policies, audits and renewals. 11. Standard of Performance. (A) It shall be considered a breach of this Agreement if the Collector fails to collect the solid waste materials herein specified for a period in excess of two (2) consecutive, scheduled, working days, or fails to operate the system in a manner that is in accord with this Agreement in the reasonable determination of the City Manager. If such failure is due to war, insurrection, riot, Act of God, or any other cause beyond the Collector's control, then it shall not be considered a breach of this Agreement. In the event the City Manager determines that a breach has occurred and the Collector and the City Manager cannot resolve the matter within 10 days, then the Collector shall have the right to appeal the decision to the City Council at the next regularly scheduled Workshop and Council Meeting. (B) If the City finds it necessary to perform the Collector's duties itself or by a third party, then the City shall have the ability to deduct any and all operating expenses from compensation to the Collector. (C) If the Collector fails to perform its collection responsibilities under this Agreement and the Collector is unable for any cause (except Acts of God, war or other similar matters beyond the Collector's control) to resume performance at the end of twenty-one (2 1) calendar days, the City shall be free to negotiate with other collectors for the operation of said collection service. Such operation with another Collector shall not release the Collector herein of its liability to the City for such breach of this Agreement. In the event that this Agreement is so negotiated with a new Collector or Collectors, third party liability of the Collector herein shall terminate insofar as same arises from tortious conduct in operation of the collection services. 12. Liquidated Damages. A breach of certain duties of the Collector provided herein would cause serious and substantial damage to the City and its occupants, and the nature of this Agreement would render it impracticable or extremely difficult to fix the actual damage resulting from such breach Therefore, it is agreed that in case of breach of the duties described below, the City may elect to collect liquidated damages for each such breach and the Collector will pay to the City as liquidated damages and not as a penalty, the amounts set forth below. An election to seek such liquidated damages shall not be construed as a waiver of any legal remedies the City may have as to any subsequent breach under this Agreement. A truck beginning residential collections prior to 7:00 a.m. $25.00 per day Failure to collect misses within twenty-four (24) hours of $10.00 each residential notification to Collector. or commercial unit served by container Repetition of valid complaints on a route after notification to replace $5.00 each container in a designated location, spilling, not closing gate, crossing planted areas or similar violations. Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Collector. Each complaint shall be determined on the basis of a joint inspection, if necessary, by a representative of the City, and a representative of the Collector, and the decision of the City Manager that any complaint is legitimate shall be final. G:\WP\02700001\AGR_CANA.01 7 13. Default of Agreement. Should the Collector abandon, delay unnecessarily in the performance of, or in any manner refuse or fail to comply with any of the terms of this Agreement, or neglect or refuse to comply with the instructions of the City relative thereto, the City shall notify the Collector, in writing, of such abandonment, delay, refusal, failure or neglect and direct it to comply with all provisions of this Agreement. A copy of such written notice is to be mailed to the surety on the Performance Bond and delivered to the City. Should the Collector fail to show cause why it has abandoned, delayed, refused, failed or neglected to comply with the terms of this Agreement, to the satisfaction of the City Council, the City Council may, by resolution, declare a default of this Agreement and notify the Collector and the surety on the Performance Bond of such declaration of default, or the City may take such other action as it may deem advisable. Upon such declaration of default, all payments due the Collector shall be retained by the City and applied to the completion of this Agreement and to damages suffered and expense incurred by the City by reason of such default, unless the surety on the Performance Bond shall assume this Agreement, in which event, all payments remaining due the Collector at the time of default, less amounts due the City from the Collector and less all sums due the City for damages suffered and expenses incurred by reason of such default shall be due and payable to the surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid the Collector had such Collector continued to perform this Agreement. If such surety fails to exercise such option, the City may complete this Agreement or any part thereof, either by day labor or by reletting an agreement for the same, and the City shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities and property of every kind provided by the Collector for the performance of this Agreement, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of same to the Collector, together with the cost incident thereto. In the event the City completes this Agreement at a lesser cost than would have been payable to the Collector under this Agreement if the same had been fulfilled by said Collector, then the City shall retain such difference. Should such cost to the City be greater, the Collector shall be liable for and pay the amount of such excess to the City. 14. Disputes. Any controversy, claim or dispute, arising out of or relating to this Agreement, including questions of performance of fees and charges, shall be handled as follows: (A) The City Manager will attempt to resolve the dispute with the Collector. (B) If the City Manager cannot resolve the dispute with the Collector within ten (10) days of first being notified of the dispute, or initiating the dispute, the matter shall be submitted to the City Council to be acted upon at the next regularly scheduled City Council Meeting. (C) If the City Council fails or is unable to settle the dispute, then either party may pursue its available legal remedies. 15. Indemnity. The Collector will defend, indemnify, save harmless and exempt the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons, damage to property arising out of this Agreement or work done in the performance of this Agreement, or any other cause of action asserted against the City under or arising from this Agreement. The City reserves the right to retain counsel of its choice at its own expense, or, in the alternative, approve counsel obtained by the Collector. G:1WP1027000011AGR CANA.01 8 16. Assignment and Sub -letting No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or part by the Collector without the express written consent of the City Council except to a wholly-owned subsidiary of USA Waste Services, Inc. In the event of any assignment, the assignee shall assume the liability of the Collector. 17. Notice. A letter addressed and sent by certified United States. Mail to either party at its business address shown hereinabove shall be sufficient notice whenever required for any purpose in this Agreement. 18. Definitions (A) Approved Container shall mean industrial, commercial or individual containers approved by the City and by the Collector. (B) Bins shall mean containers provided by the Collector for recycling. Bins shall be in the size currently utilized or as otherwise agreed by the parties. (C) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. (D) Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises. (E) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yard capacity or greater. (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, which may serve as breeding or feeding materials for flies and/or other germ -carrying insects. (H) Hazardous Materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (I) Horticultural Trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length, thirty (30) inches in diameter, and/or exceed 50 lbs.), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees, or bulky or non-combustible materials not susceptible to normal loading. (J) Individual Containers shall mean a container made of non-absorbent material provided with a closely fitting cover, side bail handles, and of thirty (30) gallons or less gross capacity or a thirty (30) gallon or less gross capacity waterproof bag of strength and material approved by the City and not exceeding 50 lbs. (K) Industrial Container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (L) Recycling: the capture, removal, and reuse of an item or material from the waste stream that would otherwise be disposed of. (M) Recyclable Materials shall have the meaning as described herein. (N) Refuse shall mean a combination of garbage, small pieces of materials and horticultural trash separated and containerized for pickup. G:1WP\027000011AGR CANA.01 9 (0) Single -Family, shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (P) Special Material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely generated in residential areas. (Q) Trash shall mean material, excluding horticultural trash which by the nature of its size cannot be containerized. (R) Triplex shall mean and include a detached three-family dwelling designed or intended for occupancy by three (3) families. (S) Solid Waste shall mean a general term which includes all forms of solid materials handled and hauled by the Collector. All loose materials that are of the size that can be containerized shall be put in a container. All materials that can be cut shall not exceed four (4) feet in length, thirty (30) inches in diameter, and/or exceed 50 lbs. (T) Curbside - a point within the parkway abutting such residence no farther than five (5) feet from the curb line or paving line, or, in case no parking exists, which abuts the customer's property at a point no greater than five (5) feet from the curb line or paving line of the nearest public street, or, in the case of the existence of a drainage ditch, at a point within said dimensions adjacent to the nearest driveway. 19. Safety Issues. Both the City and the Collector agree that safety is a vital concern in the performance of the duties of the Collector pursuant to this Agreement. Whenever the Collector identifies a safety hazard in the performance of this Agreement, the City agrees to work with the Collector to resolve, eliminate or reduce the safety hazard to fullest extent reasonably possible. 20. Miscellaneous. The failure of the City at any time to require performance by the Collector of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provision itself. This Agreement shall be governed by and construed under the laws of the State of Florida. The Collector shall conduct operations under this Agreement in compliance with all applicable laws. If any provision of this Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. The Collector shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to its reasonable attorneys fees and expenses, including any such fees or expenses incurred in appellate proceedings. WESTERN WASTE INDUSTRIES, INC. CITY OF CAPE CANAVERAL d/b/a USA WASTE SERVICES By: Print: Its: Vice President G:\WP\02700001WGR CANA.01 10 By: Print: Its: USA WASTE P.O. Lake Drive P.O. Box 3803 OF FLORIDA Cocoa, FL 32922-3803 (407) 636-8132 (407)632-3078 Fax The following specifications are guidelines to enclosures for commercial dumpsters. These specifications include height, width, depth, angle to right of way, overhead clearance, and approach of truck to safely service dumpsters. These specifications are based on the dimensions of an 8 cu. Yd. Container. This will allow for any increase in service due to the possible increase in the volume of garbage. These specifications are not all inclusive of every enclosure due to unique situations and property space available. For example, the angle of the enclosure to the right of way will vary depending on the amount of space for the approach of the truck. Therefore, the Operations Department at U S A Waste will need to be consulted before the completion of any enclosures which do not meet the following specifications. HEIGHT 6' 3" INTERIOR WIDTH 12' INTERIOR DEPTH 12' OVERHEAD CLEARANCE 20'2" A 12' concrete pad will be required for the approach of the truck. This pad should extend from the right of way to the enclosure and should be made of 6" reinforced concrete. A subsidiary of USA Waste Services, Inc. JENNINGS ENVIRONMENTAL SERVICE, INC. T 3303 Lake Dr. Cocoa, FL 32926 (407)636-6894 ANGLE OF PAD WITH DRIVING LANE SHALL AVOW FOR A STRAIGHT—UNE MANEUVERING DISTANCE OF 55 FT. r 2 LjwES'—` YI J b'-0 Y ` EXPANSION `� { JOINT '1NS)DE D114ENSI014 OF ENCLOSURE a YD. 20'2' 4- DUMPSTER PAD A wholly owned subsidiary of USA Waste Services, Inc. Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heeding Discussion Item g No. Exhibits Attached: Evaluations AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: City Manager's Performance Evaluation DEPT)DIVISION: Legislative Requested Action: City Council provide feedback to the City Manager. Summary Explanation & Background: This type of evaluation process gives the City Manager important feedback from City Council as to what worked well this past year and areas that can be improved upon. Thank you for your comments. Exhibits Attached: Evaluations City Mana Office ,: Department d:\cityman\admin\council\meeting\1997\10-21-97\city manager's performance evaluation.doc CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher September 19, 1997 City Manager - Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 15 2. Initiates/maintains effective professional relationships with Department 5 Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: f Fiscal Management 1. Plans and organizes the preparation of an annual budget with 15 documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and s expenditures. 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. S City Manager Evaluation Report Comments: Planning 1. Establishes a process of planning in anticipation of future needs and problems. 7 2. Participates in the establishment of reasonable goals/objectives for the City s' and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City s Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: Staging 1. Recruits and retains qualified personnel for City positions. s 2. Initiates corrective action to improve job performance, when needed . 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union N negotiations. Comments: D:\cityclerk\CityCWersonnel\Evaluations\CMGRFORM. DOC City Manager Evaluation Report Supervision / 1. Encourages Department Heads to make decisions within their own Alli jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasizes support 15 - rather -rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Ls - Comments: Comments: Relations with Council 1. Responds to requests for information or assistance by the Council and/or �- by individual Council Members. 2. Adequately informs the Council of current issues. s 3. Accepts and responds to constructive criticism and advice. s 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: 6e,.,) � 1>4 D:\cityclerMCityCIMPersonneNEvaluations\CMGP FOP MDOC -4,--,4 ,�, City Manager Evaluation Report Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when 5' requested by Council. Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt 7 manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments: ProfessionalMersonal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. /4 D:kitycleticlCityCW,Pen;onneMvaluations\CMGR.DOC /VD le FOPM•� G KC rp ` t 1" 4 4( 1,ee /MS w/YJfi(r!G � A�PRItc-L . LDL S City Manager Evaluation Report 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 1%17,i ,a 7�4 CAmiive- Clic, I�IgVV II CA J 46 41YA-r4- Air 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: 3. Two things that the Manager does now that I would most like him to continue: a. b. Aj-VA /4� D:\cityclerk\CityClk\PmonnellEvaluatiom\CMG RFORM DOC 11 City Manager Evaluation Report 4. Two things that the Manager does now that I would most like him to discontinue: a. CJ f e ,,NA2,op U L1 Two things that the Manager does not do now that I would most like him to do: a. 13 J /DN 6-1 Name ind Title of Person Performing Evaluation D:\cityclerk\CiryClk\Personnel\Evaluations\CMGRFORM. DOC C? " /1,1 � ? Date CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher September 19, 1997 City Manager - Name Evaluation Due Date Organizational Management I . Plans and organizes work that implements the policies of the City Council. 4 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. 4 Comments: I suggest maintaining a list of priorities in each area ie: recreation, police, beautification etc., that are referred to on a weekly if not daily basis. I would update council on a monthly basis and ask for help when you encounter large obstacles. Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 5 2. Administers the adopted budget within approved revenues and expenditures. -9 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. 5 City Manager Evaluation Report Comments: Keep city vision and councils priorities in mind when p]anninq fiscal future. Even when things are running smoothly continue to look for even better ways to do things. Planning 1. Establishes a process of planning in anticipation of future needs and 5 problems. 2. Participates in the establishment of reasonable goals/objectives for the City 4 and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City Manager in a timely and professional manner. 5 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: More delegation with follow up to make sure -progress is Staffing 1. Recruits and retains qualified personnel for City positions. 4 2. Initiates corrective action to improve job performance, when needed. 4 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union 5 negotiations. outcomes and monitor. I realize you already do this - and do it rather well but as is true with everything we can do better. D:\cityclerk\CityCMPenonnel\Evaluations\CMG P.FORM. DOC City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own - jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasizes support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: Hard for me to really judge in this c-atagnry - it would appear that way. Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: D:\cityclerk\CityClk\PemonneUvaluations\C MGP,FORM. DOC 4 4 4 5 4 City Manager Evaluation Report Reporting 1. Provides the Council with reports concerning matters of importance to the 5 City. 2. Reports are accurate and comprehensive. 5 3. Reports are generally produced through own initiative, as well as when requested by Council. 5 Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt 4 manner. 2. Willingness to meet with members of the community and discuss issues of 5 concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate 5 to the City. Comments: Getting better on #1 Much better on #2 and #3 - to the south it is easy - to the north a little more difficult Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the 5 performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept 5 informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 4 D:lciryclffk'CityCIl ffwnnel\Evaluations\CMGRFORM.DOC City Manager Evaluation Report 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. 4 Comments: Getting better is this cata ory. People like Bennett and he is respected in the community. Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: Take pride in how far we have come in fulfilling our mission statement. Keeping the train on the track, handling challenges as they come up and laying the foundation fair:inure improvements. 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: We do need to figure out how to get more bang for the buck from police contract. Keep working with George to get more effective in preventing crime and increasing profile of law enforcement officers. 3. Two things that the Manager does now that I would most like him to continue: a. Following iplans that he, council. department heads, volunt and citizens put together. b. Keeping city government stable and continue to work with all groups listed above. D:\citycle&CityCWersormel\Evaluations\C MGRFORM. DOC City Manager Evaluation Report 4. Two things that the Manager does now that I would most like him to discontinue: a. // — IQ, b. N) (YVACc S EA, L. S o n p L7 u e , C.�n 0,-q- 2 ,-q-2 S��-� . Two things that the Manager does not do now that I would most like him to do: a. Set up E -Mail system to keep all council up to date every day on issues. b. Communications qan - Raug time and kaPp�zniir foam „= fn date and involved. Also this could be a way to ask for help. Name and Title of Person erforming Evaluation D:lcityclerklCityCWerwmellEvaluations\C MG RFO RM. DOC 11) /11 1-) Date CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Organizational Management September 19, 1997 Evaluation Due Date 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. q City Manager Evaluation Report if Planning 1. Establishes a process of planning in anticipation of future needs and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives which are the direct responsibility of the City 1 / Manager in a timely and professional manner. �7 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: 0 Staffing 1. Recruits and retains qualified personnel for City positions. 2. Initiates corrective action to improve job performance, when needed . 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. Comments: D:\cityclerk\CityCUc\Pmsonnel\Evaluatioris\CMGP City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasizes support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: a Relations with Council 1. Responds to requests for information or assistance by the Council and/or , by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of �l any individual Council Member. 7 5. Assumes responsibility for staff performance. Comments: CIZ D:\citycleklCityClk\Personnel\Evaluations\C MG RFORM.DOC City Manager Evaluation Report Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. 3 Reports are accurate and comprehensive. Reports are generally produced through own initiative, as well as when requested by Council. Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. H V Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. D:\citycle&CityCWPemnnellEviluatiow\CMGRFORK DOC City Manager Evaluation Report 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic group s/organizations. Comments: Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? L Comments: �,„ .� , ,:�_>. ,-4 �.�.L�._, „� o�--Jg 1J. I., _ . 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: 3. Two things that the Manager does now that I would most like him to continue: a. x -T b. P D:lcityclerklCityCWesonnei\Eveluations\CMGRFORM. DOC City Manager Evaluation Report 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5. Two things that the Manager does not do now that I would most like him to do: f a. 13._ \ /I J J A�i(�l �C�Y � mn //. �i/ri �r� •�i�i�iv� .1 b. clY,� w.[.,w . /- a A,'% r Name and Title of Pers n Perfo ing Evaluation Date D:\citycle&CityCWersonneMvaluationslC MG RF O RM. DOC Meeting Type: Regular Meeting Date: 10-21-97 AGENDA Heading Discussion Item 9 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Amending Section 110-567 Interior Landscaping for Off -Street Parking DEPT./DIVISION: City Manager/Administration Requested Action: City Council consider amending code section 110-567 to provide for larger dbh size trees Summary Explanation & Background: It has recently become apparent that the minimum code requirement for a (1 "-dbh) and (2"-dbh) tree is not adequate for new development. I am requesting that Council review and revise the Tree Value table in Code Section 11-567. Please advise. Exhibits Attached: Existing 110-567 Code. City M gems Office Department r(, d:\cityman\admin\council\meeting\1997\10-21-97\interior landscaping for off-street parking.doc ZONING ty as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved. (Code 1981, § 641.49) Secs. 110-556-110-565. Reserved. DIVISION 7. LANDSCAPING AND VEGETATION* Sec. 110-566. Landscaping and screening for commercial and industrial zon- ing districts. (a) Whenever the boundary of a commercial or industrial zoning district abuts a residential zon- ing district, a visual screen shall be provided with- in the required setbacks of such commercial or industrial zoning district: (b) Such visual screen shall: (1) Be provided along the entire length of the commercial or industrial zoning boundary which abuts any residential zoning district. (2) Consist of decorative or ornamental fenc- ing or shrubs designed and placed in a man- ner rendering such visual screen density of at least 80 percent within a period of two years after such screen is provided. (3) Be not less than four or more than eight feet in height, except as provided in section 110-470(a)(2). (4) Have a minimum of one ten -point tree val- ue as defined in section 110-567 which shall be planted every 35 feet with at least two five -point trees on the minimum 50 -foot C-1 lot and three five -point trees on the mini- mum 75 -foot M-1 lot. (5) Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. (6) Be properly maintained and replaced if for any reason it does not survive. (7) Be protected from vehicular encroachment. *Cross references—Environment, ch. 34; requirements for landscape appearance and maintenance, § 34-99. § 110-567 (c) All areas not paved or with other landscap- ing, as designated in this section or in section 110- 567, shall be planted with grass, hardy shrubs, evergreen or other ground cover materials, as spec- ified in section 102-44, having the cold tolerance designation (+). Otherwise, the owner or develop- er must provide documentation from a recognized knowledgeable person, as defined in section 102- 36, that his choice of vegetation has a good chance of thriving or meets state requirements for low water need (xeriscape). (d) Where a fence or wall is used to fulfill the screening requirements within a vegetative buff- er, it shall be located one foot inside of the prop- erty line which abuts the residential zoning. When a drainage easement, ditch or water body runs along a property line, an administrative waiver may be granted by the building official to allow the masonry wall or fence to be placed along the edge of the ditch or water body, instead of on the property line. Where existing trees exist within the buffer area, the fence or wall shall be located so as to preserve the trees. (Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92) Sec. 110-567. Interior landscaping for off- street parking areas. (a) Offstreet parking areas in C-1, M-1 and R-3 districts shall have internal and perimeter land- scaping as follows: (1) Parking areas with ten or fewer spaces shall have at least one ten -point tree for every five spaces or fraction thereof planted with- in the interior of the parking lot. (2) Parking areas with 11 or more spaces shall have at least one five -point tree for every five spaces or fraction thereof interspersed throughout the parking area. In addition, one ten -point tree shall be placed at the end of each row where internal curbing would be placed, even though internal curb- ing may not be required. However, trees must be protected from vehicular encroach- ment. Supp. No. 1 CD110:69 (3) Subsections (a)(1) and (2) of this section may be satisfied by cluster plantings, at the dis- cretion of the building official. § 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 contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of- way, except for ingress and egress and side- walks. The perimeter shall be planted with decorative shrubs and bushes three feet in height to form a visual screen with a den- sity of 80 percent within two years of plant- ing. Perimeters facing such public right-of- way shall, in addition, have five tree value points planted every 35 feet with at least ten tree values on a minimum 50 -foot C-1 lot and 15 tree values on the minimum 75 - 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. (6) 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. (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with two-inch diame- ter (dbh) minimum and two -foot spread. 5 Small species, six feet tall with one -inch diameter (dbh) mini- mum and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). 5 Nonnative palms, minimum height three feet (overall). (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) A proposed 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. Supp. No. 1 CD110:70 October Ill, 139? TO: 13cunctt C. Boucher City Manager FROM: Ed Gardulski Public Worksirector RE: City's Beautification Relx)it 1. City Couiacil has approved the constniciiou of a TinJx,,r Pedestrian Bridge. }aid .Award to Custom Docks was approved August. 15, 1997_ The location of Clic bridle will be oii they list side of AIA_ behvee a Tower blvd, and Columbia I. - )r -The City has rec=eived all permits acid constmetion is niiderway. 2. October is the bcpl;)iiuig of the new tree: platatin$. season. As of this elate 65 of The 7 i trees scheduled for plmitiilg hive been allocated along Ridgewood Ave acid At lantic Ave. 3. Paha Trees have been. planted along RidgewoM Ave. starting tTom Cabe T'letllentaiy h-) Cwiaa.veral Sands_ A total of 30 valni trees were placed alonl? N oth sides of the Right of N ay_ 4. Currently tiie City is in the construction stage of the Atlantic A�-•e. project, '11iis 1WQj(N--t W1.11 ci_►tad the r:eiuoval of asphalt to increase green space; add a 5 tci)t wide sidewalk and the planting of 35 Palm trees. This is a Nbyor's project and will be C0111plcted on Oclober � 5. 5. Attached to each hmi:d ttten-t1?er's package is a col oaf the Street Divisiola's accomplishments for FY -96-97. Overall the City's Street Division has had an ouktanding year_ OCTOBER 1997 QUARTERLY REPORT City Clerk's Office Personnel Activity: Position Vacancies: Accounting Clerk Recreation Attendant (Vacant from last quarter) Recreation Attendant School Crossing Guards (1) (Vacant from last quarter) Maintenance Worker I (Vacant from last quarter) Planning & Zoning Technician (October 1) Part-time Secretary, Public Works (October 1) Recruitment via: Florida Jobs and Benefits Orlando Sentinel Bulletin Board Referral from Patricia Coe, Substitute School Crossing Guard Candidates Selected: Michael Powell - Accounting Clerk Jeffrey Strantz - Recreation Attendant Anne McElroy - School Crossing Guard Cheryl Puleo - Accounting Clerk (Transferred from Recreation Department) Delores Latherow - Recreation Attendant Employee Resignations: Vickie Peyssard - Finance Department Diane Kozlak - Finance Department Job Descriptions Staff meetings were held to review draft of job descriptions. Final revisions were made after staff and City Manager review for Council submittal. Salary Survey and Classification Plan The City Clerk performed a salary survey utilizing the Florida League of Cities 1997 survey and Brevard cities data for staff review and Council submittal. Personnel Policy Staff Personnel Policy Change recommendations were compiled for future Council submittal. City Clerk Third Quarter Report Page 2 Information required by City Auditors Personnel Hire/Termination Statistics Cost of Living Pay Change The Wage Classification Plan was updated by the proposed 2.3% cost of living increase. All City employee pay change forms were completed and submitted for approval. Employee Newsletter Employee newsletter was not distributed for September/October. (Not authorized by City Manager) Volunteer EmMoyee Leah Bonner- Scheduled summer volunteer to work with the Recreation Department, Cape Canaveral Library and Cape View Elementary School. The City Clerk coordinated her assignments and schedule, as well as preparing documentation of Leah's community service. Sick Leave Pool Review Meeting City Clerk compiled sick leave data for the Sick Leave Pool Committee review regarding Susan Chapman's Sick Leave Pool Request. DEPARTMENTAL PROJECTS Leeal Advertisement Procedures Manual The City Clerk developed a legal advertisement/public notice manual outlining Florida Statute and City Code requirements. This project was prompted by the extensive research required for recently projected comprehensive plan amendments and zoning changes. This manual will be converted into a computerized database with templates that will automatically layout legal advertisements and notices by filling in blanks. The database utilizes our new Access software. Bid Openings City Clerk advertised, prepared bid packets and recorded results for the following bids: RFP No. 97-02 - Tennis Court Resurfacing RFP No. 97-03 - Pedestrian Bridge Construction D:\cityclerk\CityClkaEPORTS11997\October Quatterly.doc City Clerk Third Quarter Report Page 3 Web Site New features added to the web site include City Council minutes. Graphic changes were made to some page backgrounds and new visuals will be added as time permits. Florida Communities Network now provides site visitor feedback. This will help to ascertain how often Internet users visit the City's web site and what page(s) they frequent. Electronic Databases Deputy Clerk completed Microsoft ACCESS databases for the following: Job Vacancies Unsolicited Applications and Resumes Logged in Mail In Progress: City Board Members City Records Transferred to Storage DEPARTMENTAL ACTIVITIES Records Management City Board member file folders were revised to a six -part folder to incorporate all documents regarding Board member's terms of office. Records Deposition Subpoena: All records pertaining to James E. Morgan were collected and submitted for deposition in a civil suit unrelated to the City. Subpoena: Appearance in court required with all records pertaining to The Landings (Stephanie Donald vs. The Landings) Administrative Support Deputy Clerk provided support to the Building Department at the Planning and Zoning Board meetings of August 27th, September 10th and September 24th. The City Clerk provided recording secretary support to the Community Appearance Board on September 151' and the Code Enforcement Board on September 18th. Office support was provided to the City Manager's office during September 4th through September 12th D:\cityclerk\CityClk\REPORTS\19977\October Quarterly.doc City Clerk Third Quarter Report Page 4 MEETINGS/SEMINARS/CONFERENCES Brevard County Clerks' Association City Clerk attended the Brevard County Clerks' Associations meetings that covered Election Procedures (July), E -Mail use and beneficial Internet addresses (August), and unable to attend the September meeting due to lack of staff (Sunshine Law, speaker was Attorney Anthony Garganese). Brevard Public Personnel and Risk Managers Association City Clerk attended the monthly association meetings, excluding September. City Board Meeting Deputy Clerk prepared Agendas and Minutes for the Community Appearance Board Meetings in July and September. Risk Management Property/Liability claims were filed for: • Lightning damage 8/19/97 (Deputy Clerk computer; Public Works equipment; and Canaveral Precinct equipment. • Jenya Thompson 8/4/97 (Claimant tire damaged by unmarked curb) • Julian and McMillin 9/1/97 (Member failed to enforce ordinances) • City of Cape Canaveral Ethics Violation (9/24/92) • Joyce H. Stachel (1/24/97) Wrongful arrest Elections Candidate qualifying, legal advertising and polling place coordination was conducted. D:\cityclerk\CityClk\REPORTS\1997\October Quarterly.doc PARKS & RECREATION DEPARTMENT REPORT OCTOBER 1997 The Youth Center functioned as a "home away from home" for the youths in the community throughout the school summer vacation. We have lowered the minimum age for Friday and Saturday nights to 12 years old to accommodate more youths. (was 13-17 year olds, is now 12-16 year olds) In addition, the center is open after school from 3:30-6:30 and on Saturday from 12 noon -5:00 p.m.. Attendance figures: July 557, August 528 and September 485. The tennis courts have been resurfaced. The mansard roofs on the maintenance building and tennis shelter have been replaced. All play equipment for Long Point Neighborhood Park has been received. As soon as the legal issues are settled, the installations can resume and the park completed. Also, after the legal issues are settled, we plan to hold a "Name the Park" contest. The Recreation Board will judge the entries and make their recommendation to Council for a name selection for the new park Details have not been finalized as yet. A Kite )Malang/Flying Workshop was held on September 27th at the Youth Center. Fourteen youths participated. Pictures and a write-up appeared in the October 2nd issue of the Space Coast Press. The Recreation Department is gearing up for fall classes and activities. Tennis and racquetball leagues are filling up in the anticipation of cool playing weather. The annual Halloween Haunted Forest is scheduled for Tuesday, October 28th, 6:30-8:30 p.m. The Recreation Department's 22nd Anniversary Racquetball Tournament will be held on November 1 st and 2nd. There will be a Fishing Contest held at the port on November 15th for youths ages 6-16. I will be entering the City float in the Cocoa Beach Christmas Parade which will be held on December 13th. Council members, please let me know by December 1 st if you plan to ride on the float in the parade. The Holiday Tree Lighting Ceremony will be held at the Xeriscape Park on Sunday, December 14th. I am seeking volunteers to open, and man, the Youth Center Monday through Friday mornings so seniors/retirees can utilize the facility. I am hoping for a core group of 15-20 volunteers to begin operation. I expect that it will be at least mid or late November before I can generate the necessary interest in the community to get it up and running. ✓moi ^� PUBLIC WORKS DEPARTMENT Quarterly Report October 1, 1997 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: Quarterly Report, July, August, & September 1-997 RECLAIMED WATER usijig, -ralis' for j-r-rJj.1-1'w'1J(-",r) -3re: f r1s, - -.t-y of Cc-'CO"i 2. 14o'N"llo,� wiijlh t -he thi.'� date four 4 qu(Al to t- '--Ire hcAiies Hrtrris(-'-,) Avf�, D s,-c)very D,-ij7, C_jF) w E- i( o e r alc)n'g� AIA and riew Mc-jrjal-ee P,�irlr-. Di L" T' I'C,'Tj-Lred tl-,iN i T -T �7iiiart( 6.5 2 JtN I -I J. 1,,.tV,-- 7<I1 f 11 days. -wr4l'(l':3.1 '� h I j c W i- j 0 fl --0 UL, for h-Lguh, I T' t - 1--�jr T -r( Au,,,-,u—.;t 20th F T11 ilia ted at $18,7-'13 Quarterly Report, July -September STREET DIVISION Lot mowd f I 1 3- 1 1. 1- A -r -my (1 mc)vlm��, tilow (Jue to U..' U, e (--, r ,-I llei,-3 mowt'd JJLtch ol)e j-.IRi.='. r 1, t c) Lo d.jt-f7ij --h -I i -ion di-tr-ing W i i 1-wo -)P,l ic�il, j),g i -y (--C) J -; I -;S( Ci IJe, 0 �� af e! y ha ird s , i . c'. )VH -t AVCS. ree fol. FY 97 9H. for Ujj(� end c)f to Blvd 3 -r v;:; tom i.7- cost wel-e $1 Y,e )er BEAUTIFICATION s, 1,71 t - !--F' I- r,l,�.ii'-ed PY: �T pl, R�j Cm ) - ci- ms - I,-,- k- ( 1 t a 1 1.68 The 11-i:--,�- c'r i-)10 P,.dmj wei--e a1ung Rid.,- 3( ,1 erb i e 1:)1•7111 t - ,i (I d j f-- o 1-1.-11 ',-. 1' t71 1='! L 1-1 j ; ._1T -1 i I) 0 c to t " e r J`hcl if 4-j Comm Lt d. YY 9R, 1--lic1f. wi-11 to plc -11-11L-, "IF) Vc-,m , he -r an addi f- i cwlal -15 t J Lirmai-,v T I rW--- t f cJn rd lj:0 r wee(- (ble Lo Leal t. t ; 1)e moved o 0 -le bj-vo lbeen al have Ie ii e r r e f ia-b h I i F, -; pt (-ji.j J(Y 679 lks fo fi-(al Y;?,jr ")c)7:2,71+7 WID-1-1- Lo 7ilcmg Nc)rth AtIl-inIU-io, Avr Al �aj)(j A Lot mowd f I 1 3- 1 1. 1- A -r -my (1 mc)vlm��, tilow (Jue to U..' U, e (--, r ,-I llei,-3 mowt'd JJLtch ol)e j-.IRi.='. r 1, t c) Lo d.jt-f7ij --h -I i -ion di-tr-ing W i i 1-wo -)P,l ic�il, j),g i -y (--C) J -; I -;S( Ci IJe, 0 �� af e! y ha ird s , i . c'. )VH -t AVCS. ree fol. FY 97 9H. for Ujj(� end c)f to Blvd 3 -r v;:; tom i.7- cost wel-e $1 Y,e )er BEAUTIFICATION s, 1,71 t - !--F' I- r,l,�.ii'-ed PY: �T pl, R�j Cm ) - ci- ms - I,-,- k- ( 1 t a 1 1.68 The 11-i:--,�- c'r i-)10 P,.dmj wei--e a1ung Rid.,- 3( ,1 erb i e 1:)1•7111 t - ,i (I d j f-- o 1-1.-11 ',-. 1' t71 1='! L 1-1 j ; ._1T -1 i I) 0 c to t " e r J`hcl if 4-j Comm Lt d. YY 9R, 1--lic1f. wi-11 to plc -11-11L-, "IF) Vc-,m , he -r an addi f- i cwlal -15 t J Lirmai-,v T I rW--- t f cJn rd lj:0 r wee(- (ble Lo Leal t. t ; 1)e moved o 0 -le bj-vo lbeen al have Ie ii e r r e f ia-b h I i F, -; pt (-ji.j J38Y"i'1Q�*S Applimce Repair 'Service Calls You Can Afford", 7 Z7arys A Week J PALL: 984-1740 FAX: 984-3860 RESTAURANT & LOUNGE LUNCH BUFFET $7.95 WEEKDAYS 11:30.2:30 EARLY BIRDS 4-6 PM SEVEN DAYS A WEEK 1477 Pineapple Ave. :au Gallie Cswy. at the Indian River) 253-3131 5,2„ Cataract at Brevard Eye Center FREE Miami Screed P1118 a FREE pair of SOEMSRIRA sunglan AckBrevard Eye J^eQ Ceenter Braxw d's Leader in Catarad Surnery Some restrictions apply. Daily, in-depth reporting in FLORIDA TODAY. FLORIDA TODAY, Tuesday, March 4, NOTICE OF COMPRE19ENSIVE PLAN The City of Cape Canaveral proposes to appropriate schools in the City of Cape Canaveral. A PUB_ H '.ARM on the FUTURE LAN AMENDMENT will be held by the Leedl*ntiVt Apo Canaveral, on Wed�ay. March 12,''(!x, at 7:00 F Annex, I I I Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will consider the recommei City of Cape Canaveral Planning and Zoning Boar following proposed amendment to the City's Code of Ord ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANA1 COUNTY, FLORIDA, RELATING TO C( PLANNING; SETTING FORTH AND ADOPTING T SCALE PLAN AMENDMENT FOR 1997 AS PROV] WHICH SHALL AMEND THE COMPREHENSIV. LAND USE MAP; PROVIDING AN EFFECTIVE D STATUS OF THE PLAN AMENDMENT; P)F TRANSMITTAL OF THE PLAN AMENDM DEPARTMENT OF COMMUNITY AFFAIRS; P. REPEAL OF PRIOR AND INCONSISTENT OR RESOLUTIONS; AND PROVIDING FOR AN EFFEC A copy of the proposed ordinance and map is on file in th Clerk and may be viewed during regular working hour Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and be who decides to appeal any decision made with resp considered at this meeting will need to ensure that a verl proceedings is made, which record includes the testimony which the appeal is to he based. Sandra Rozar Sim; City Clerk LOCATION MAP $aY-3r1@yA'S Appliance Repair "Service Calls You Can Afford", 7 Days A Week 1 984-1740 PAX:*984-3260 t.' LUNCH BUFFET $7.95 WEEKDAYS 11:30.2:30 EARLY BIRDS 4-6 PM SEVEN DAYS A WEEK 1477 Pineapple Ave. au Gallie Cswy. at the Indian River) 253-3131 51217 /Cataract '1W Surgery at Brevard Eye Center FREE C 1111d So"& Phs $HfWOf AM&Brevard Eye Center Bmwd's Leader In Cataract Surgery sow restrictions apply. aily, in-depth reporting in FLORIDATODAY. FLORIDA TODAY, Tuesday, March 4, 1997 19A NOTICE OF COMPREHENSIVE PLAN AMENDMENT The City of Cape Canaveral proposes to appropriate locations for public schools in the City of Cape Canaveral. A PUBLIC HEARING on the FUTURE LAND USE ELEMENT AMENDMENT will be held by the Locaj,f%ping Agency of the City of Cape Canaveral, on Wednes4y, March 12, Iki¢71, at 7:06 P.M. in the City Hall Annex, I I I Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will consider the recommendations made by the City of Cape Canaveral Planning and Zoning Board by reviewing the following proposed amendment to the City's Cbde of Ordinances: ORDINANCE NO. 03-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA -97-1, 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; AND PROVIDING FOR AN EFFECTIVE DATE. A copy of the proposed ordinance and map is on file in the Office of the City Clerk and may be viewed during regular working hours, Monday through Friday, 8:30 a.m. to 5:00 p.m. Interested parties are invited to attend this meeting and be heard. Any person who decides to appeal any decision made with respect to any matter considered at this meeting will 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. Sandra Rozar Sims, CMC City Clerk LOCATION MAP _M n.l W.,, 3