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HomeMy WebLinkAboutAgenda Packet 12-16-1997 1►CE S� City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX CITY111 Polk Avenue,Cape Canaveral,Florida CAPE CANAVERAL TUESDAY December 16, 1997 7:00 P.M. AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: 1. Motion to Approve: City Council Regular Meeting Minutes of November 18, 1997 and December 2, 1997 2. Motion to Approve: State Revolving Loan Fund, Amendment 93 3, Motion to Approve: Extension of Permit for Temporary Construction Trailer, Discovery Bay 4. Motion to Approve: The cooperative purchase of a bobcat backhoe attachment in the amount of$5,675 from Melroe Government Sales. RESOLUTIONS: 5. Motion to Approve: Resolution No. 97-44, Renewing legal services A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; AUTHORIZING THE RENEWAL OF THE LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF AMARI,THERIAC &EISENMENGER,P.A.,BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM,TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. 6. Motion to Approve: Resolution No. 97-45, Construction Board of Appeals Re- Appointments A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT g:\cityclk\nenda\regWar\1997\12-16-97.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407)868-1200 • FAX(407) 799-3170 ty Council Regular Meeting Agenda December 16, 1997 Page 2 DISCUSSION: 7. C-2 Zoning District, Todd Peetz, City Planner 8. Ball Park Concept 9. Community Appearance Board 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. G:\CityClk\AGENDA\REGULAR\1997\12-16-97.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue,Cape Canaveral,Florida TUESDAY November 18, 1997 7:00 P.NL NUNUTES Call to Order: Pledt=e of Allegiance: Roll Call: Council Members Present Burt Bruns Tony Hernandez Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager,Bennett Boucher City Attorney,Kohn Bennett City Clerk,Sandra Sims City Treasurer,Andrea Bowers Public Works Director,Edward Gardulski Proclamations: Mayor Randels read the World Aids Day proclamation,which will be mailed to Ray Sprayberry Mayor Pro Tem Petsos read the Great American Smoke Out proclamation,which was presented to Wendy Kirchner Mayor Randels read the Massage Therapy Awareness Month proclamation Council Member, Tony Hernandez, introduced world-renowned Cuban artists Aldo Menendez and Ivonne Ferrer. The artists were on location to photograph and paint the Columbia Shuttle launch. Both artists will donate paintings to the Cape Canaveral Library to acknowledge their appreciation for the hospitality shown them during their visit to Cape Canaveral. Public Hearings Ordinances 1. Mayor Randels read Ordinance No. 12—97 by title. (Tape 1, 220 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND ADOPTING THE SECOND SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN CPA-97-2, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE MAP OF THAT CERTAIN PROPERTY DESCRIBED AS LOT 1, BLOCK A, SUBDIVISION 01 IN RANGE 37, TOWNSHIP 24, SECTION 22; ALSO KNOWN AS 204 LONG POINT ROAD, CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS 0 FILENAME 1•Lower\p 1'MERGEFORMAT❑llcape-ntcape-nticityclerklcityclk\minuteslregular\199T1I-I8-97.doc❑ City Council Regular Meeting Minutes November 18, 1997 PAGE 2 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. A motion was made by Burt Bruns and seconded by Tony Hernandez to adopt the Ordinance approving the small-scale comprehensive plan amendment to allow a neighborhood park and playground for residents at Long Point Road and Columbia Drive. Mayor Randels explained that the city retained two attorneys to maintain an impartial view. City Manager, Bennett Boucher, explained that attorney, Patrick Healy, would be representing the city as the applicant on this request. Mr. Patrick Healy, reported that he is an attorney from Melbourne, located at 700 South Babcock Street. He explained that he has been retained to act as special counsel representing the City of Cape Canaveral in the proposed small-scale amendment to the Land Use Plan. He reported that Mr. Todd Peetz has been retained as an expert in the field of land use planning. Mr. Kevin Markey, representing the City Council, an attorney from Merritt Island, located at 410 West Merritt Avenue. Mr. Healy swore in Mr. Todd Peetz as a witness. Mr. Markey queried Mr. Peetz on his professional and educational background as follows: Employed by the planning firm, Ivey,Harris&Walls as the City Planner. He has a B.S. degree from Kent State University in geography with proficiency in Urban Planning and a Masters degree from Ohio State University in City Regional Planning. He was previously employed by Brevard County in Comprehensive Planning for seven years and through the county was contracted through interlocal agreement by the City of Cape Canaveral to prepare the city's Evaluation and Appraisal Report of the Comprehensive Plan. Since leaving the county, he has done several other Evaluation and Appraisal Reports and Comprehensive Plan Amendments for other entities, including small-scale plans and other related issues. He related that he assisted the City of Cape Canaveral with the preparation and transmittal of the Evaluation and Appraisal Report for the City of Cape Canaveral in February 1997 which was a two year process of reviewing the comprehensive plan for consistency and testing it to establish where it is today. Mr. Peetz was the chief consultant on the project. In the capacity as planner,Mr. Peetz affirmed that he is familiar with the statutory criteria for a small-scale comprehensive plan amendment. He also verified that he reviewed this specific application and determined that it is in compliance and consistent with F.S. 163, the state comprehensive plan and F.A.C. 9J-5. Mr. Markey further queried if Mr. Peetz prepared a written analysis of the data used in forming his opinion. Mr. Peetz affirmed that he had. He related also that the property at issue is located at Range 37, Township 24, Section 22, Subdivision 01,Block A, Lot 1, located on Long Point Road approximately 250 feet west of State Route AIA. Mr. Markey requested that Mr. Peetz review his written findings for the audience. Mr. Peetz related that in the Public Services and Facilities in the amendment area, there would be no negative impact to road level service, water, sewer or solid waste;relative to the Environmental Habitat, this parcel had been previously improved. Thus,there is no environmental habitat impact. There are no known historical and archaeological City Council Regular Meeting Minutes November 18, 1997 PAGE 3 resources on the site;there is no projected change to population projections because it is a park; and it is consistent with the Comprehensive Plan Objectives 1, 3, 4 and 6 as well as to recreation and open space objectives R-3 and R-4. Mr. Peetz opined that in both cases of objectives, the city has defined an appropriate need to develop this park as well as identifying a need to maintain or surpass the existing level of service. Mr. Healy queried if Mr. Peetz had prepared any maps with the components of the analysis depicted?Mr. Peetz replied in the affirmative. Mr. Healy opined that the record should include, with the application, all the attachments as well as approximately sixty letters from citizens in support of the application. Mr. Peetz commented in closing, that the comprehensive plan recreation and open space element equates that a neighborhood park to be a half-mile radius in all directions. Public comments were taken at this time. Hans Saurenmann, 200 International Drive, #202, Mr. Saurenmann commented that he likes the park there for a number of reasons. He related that his problem is why, after the fact, the ordinance is just now being amended. Claire Muncie Harris, Columbia Drive, spoke in strong favor of having the park. Tammy Dilberto, Columbia Drive, spoke as a parent and neighbor spoke in strong favor of a park because of the traffic on Columbia Drive. Micelle Lehr, 210 Long Point Road, representing Long Point Drive residents, presented a written response from their attorney, citing the closing paragraph: The undersigned residents believe it is inappropriate for the City of Cape Canaveral, in the middle of pending litigation, to request that the Land Use Map be amended until pending litigation is determined. Apparently, the City of Cape Canaveral realizes the inconsistency of issuing permits and proceeding with park improvements on land that is inconsistent with its Comprehensive Plan and violation of Chapter 163 F.S. The undersigned residents request the City of Cape Canaveral defer taking further action on this Comprehensive Land Use Plan and implement its present Land Use Plan which shows and reveals other land designation for possible park land acquisition and comply with the Comprehensive Plan and provide for recreation facilities on these lands to accommodate the needs of the City of Cape Canaveral. She stated that that are 14 reasons directly from the Comprehensive Plan for objecting to the use of this particular land. She reiterated that they are not against children or a park, recreation facility or neighborhood park for the children on the west side of Al A. She maintained that the park was illegally instituted from the beginning. She stated that the issue presently before the court, which has not come to terms, is based on whether the objecting parties to the park received a fair hearing before the Board of Adjustment. Thus, if the court decides they did not receive a fair hearing, then it would be up to the Board of Adjustment to re-hear the entire issue under the circumstances as they were at that time. She related that they believe the entire issue should be postponed until the court has made a ruling. There was no further public comment. City Council Regular Meeting Minutes November 18, 1997 PAGE 4 Mr. Healy informed Council that the owner of the property at issue,Ms. Culberta Mosher, has indicated that she does support the City's effort to have the designation changed. The only testimony that has been heard thus far of any evidentiary value is that of the City's expert and that he clearly testified, based on his analysis, background, training and experience that the application is consistent with the City's Comprehensive Plan. The letter presented by the opponents stated in summary fashion in numerous places that the application is inconsistent with various portions of the state statutes, the comprehensive plan and 9J-5 of the Florida Administrative Code. However, they are only conclusory allegations. There is no evidence supporting those allegations in the letter, nor has any been offered to the city. This application will promote policies in the Comprehensive Plan as testified to by the expert, Todd Peetz. The fact that it improves the level of service for recreation does not imply in any way that it is inconsistent with the comprehensive plan. It is an enhancement of the goal. Mayor Pro Tem,Buzz Petsos, queried for affirmation from Mr. Healy that the comprehensive plan is a"living" document and that from 1992 to 1997 circumstances have changed and now we are looking at a future land use. Mr. Healy responded, "Absolutely, and the statutes contemplate this kind of amendment." Small scale amendments have a more simplified procedure because the legislature recognizes that amendments have to be made to adjust to the realities of changed circumstances, and each of those amendments should not justify a tremendous hurdle that requires Department of Community Affairs review as this one will not. Comprehensive Plans are planning documents, which should be changed to adjust with circumstances. Council Member, Tony Hernandez, queried Mr. Peetz about the number of allowable amendments each year. Mr. Peetz responded that the Future Land Use Map can be amended twice each year, however, there are no limits to the number of amendments for small-scale amendments, only the amount of land accumulated in a year(up to 60 acres). Council Member, Burt Bruns, queried if there is any impact on such things as grants that are tied to amendments or changes to the Comprehensive Plan. Mr. Peetz responded that when applying for grants, the request must be in conformity with the Comprehensive Plan and it would not adversely impact this particular project. Mayor Randels requested clarification of how this issue is to be considered. Mr. Markey responded that Mr. Healy can comment, but the task as he sees it is to determine whether the application is consistent with the requirements of F.S. 163 for amendments, that being that it is consistent with the city's own comprehensive plan, the state's comprehensive plan and Rule 9J-5 F.A.C. If it is found consistent, the obligation is to grant the application. Mayor Randels stated that Council understands that the minimum amount of recreation space has been met as stated in the comprehensive plan, the city is merely providing more recreational space. City Council Regular Meeting Minutes November 18, 1997 PAGE 5 Mr. Healy stated that enhancing the level of service does not mean there is an inconsistency with the plan, especially being a marginal increase. Mr. Markey stated that there is no harm in exceeding your goals. He stated that as Mr. Peetz has testified, the application is consistent with the comprehensive plan, the development of the area as a park would not adversely affect any level of service or any requirement the city is obligated to review according to the Comprehensive Land Use Plan Act. Mr. Petsos reminded Council that part of the required process was review by the Planning and Zoning Board and the Local Planning Agency. Both Boards recommended approval. Council Member, Tony Hernandez, related that he appreciates the Long Point residents' letter, however, it was not written by an expert or with specific issues adverse to the Comprehensive Plan. Glen Booker, Long Point Road, stated that an attorney who is an expert wrote the letter. Ms. Lehr clarified that an expert witness is not required because the facts were presented directly from the Comprehensive Plan. She stated that the facts from the comprehensive plan serve as expert witness. There was no further discussion. The motion was unanimously carried 4-0 to approve Ordinance No.12-97 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mayor Pro Tem Petsos, For; and Mayor Randels,For. The meeting recessed at 7:48 p.m. and reconvened at 7:55 p.m. 2. Mayor Randels read Ordinance No. 14-97, by title. (Tape 1, 1580) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AMENDING CHAPTER 110,DIVISION 4,AMENDMENTS AND REZONING, BY AMENDING SECTION 110-137,PROCEDURE;PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Buzz Petsos and seconded by Burt to adopt Ordinance No. 14-97 which provides for zoning amendments procedures to be the same as Florida Statutes. City Attorney, Kohn Bennett, explained that this ordinance is a housekeeping procedure to maintain conformity with Florida Statute requirements. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 3. Mayor Randels read Ordinance No. 15-97 by title. (Tape 1, 1661). City Council Regular Meeting Minutes November 18, 1997 PAGE 6 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 50,OFFENSES AND MISCELLANEOUS PROVISIONS,BY ADOPTING A NEW SECTION 50-4,OVERNIGHT CAMPING PROHIBITED,BY PROVIDING FOR THE PROHIBITION OF CAMPING WITHIN THE STREET RIGHTS OF WAY,BEACH ENDS AND DUNE CROSSOVERS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Tony Hernandez and seconded by Burt Bruns to introduce Ordinance No.15-97for public hearing and adoption on December 2, 1997. The motion passed unanimously 4-0 with voting as follows: Mr. Bruns, Mr. Hernandez, Mayor Pro Tem Petsos and Mayor Randels. Resolutions: 4. Mayor Randels read Resolution No. 97-42 by title. (Tape 1, 1927) A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA;APPOINTING ONE(1)DELEGATE AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL,FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to table Resolution No. 97-42 until the December 2 meeting after the new Council Member has been sworn in. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 5. Mayor Randels read Resolution No. 9743 by title. (Tape 1,2058) A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA;ENTERING INTO AN AGREEMENT FOR GARBAGE COLLECTION AND RECYCLING SERVICES WITH USA WASTE SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Resolution No. 9743. Mr. Tim Fadul, USA Waste representative, was present to answer questions and affirm proposed changes to the resolution. Following extensive discussion, the resolution was approved 4-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez,For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. Mayor Randels read Resolution No. 9741by title. (Tape 1,3552-2) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A SUCCESSOR COUNCIL MEMBER TO SERVE UNTIL THE NOVEMBER 1998 GENERAL ELECTION;PROVIDING FOR AN EFFECTIVE DATE. City Council Regular Meeting Minutes November 18, 1997 PAGE 7 Council concurred to consider the appointment based on the letters submitted requesting, to serve as Council Member. Each person was given an opportunity to speak on their own behalf for consideration. The following persons submitted their names for' appointment: Leo Nicholas, James O'Toole, Joy Salamone, Hans Saurenmann, and Richard Treverton. A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve' Resolution No. 9741, appointing Joy Salamone as successor Council Member. The resolution was approved 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For;Mayor Pro Tem Petsos, For; and Mayor Randels,For. Considerations: 7. (Tape 2,687)A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the September 23, 1997,Final Budget Special Meeting Minutes and the September 16, 1997, Regular Meeting Minutes. The motion passed 4-0 with voting as follows: Mr. Bruns,For;Mr. Hernandez, For;Mayor Pro Tem Petsos,For; and Mayor Randels,For. 8. (Tape 2,790) Mayor Randels explained the concept of the Juvenile Assessment Center and the reasons a donation is needed to initiate the program. Council concurred that the issue should be postponed until Commissioner Helen Voltz can appear at the meeting. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to table the issue until the December 2, 1997 meeting. The motion passed 4-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. 9. (Tape 2, 1222)A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hernandez to approve the Employee Christmas Bonuses, removing the cap for the School Crossing Guards. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. 10. (Tape 2, 1421)A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve State Revolving Loan Fund, Amendment #1 —Reclaimed Water Reuse Facilities. The motion passed 4-0 with voting as follows: Mr. Bruns, For, Mr. Hernandez, For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. 11. (Tape 2, 153 1) A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the Transportation Impact Fee Disbursement Agreement with Brevard County in the amount of$60,000 for the SR AlA pedway project. Mr. Petsos suggested that staff prepare a news release advertising that the pedway project is funded by the County. The motion passed 4-0 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For;Mayor Pro Tem Petsos, For; and Mayor Randels,For. 12. (Tape 2, 1679)A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve the Outdoor Entertainment Permit for the 2"d Annual Reindeer Run and Walk scheduled for December 13, 1997. The motion passed 4-0 City Council Regular Meeting Minutes November 18, 1997 PAGE 8 with voting as follows: Mr. Bruns, For;Mr. Hernandez, For,Mayor Pro Tem Petsos, For, and Mayor Randels, For. 13. (Tape 2, 1722)A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Bruns to approve the Land Lease with the Canaveral Port Authority for the Internal Improvement Trust Fund Land. The motion passed 4-0 with voting as follows: Mr. Bruns,For;Mr. Hernandez,For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. Reports: City Manager—Bennett Boucher • Mr. Boucher reported that the pedestrian bridge is finished and queried when Council would prefer to schedule a ribbon cutting. Council concurred to schedule the ribbon cutting after the sidewalks are constructed. • Mr. Boucher reported that he would write a news article regarding garbage and sewer rates since misinformation was rampant during the recent political campaign causing numerous calls of concern from the speculation that rates would be increasing. Audience Mr. Roland Carlson, resident, expressed concern that he has not been granted an exception to the code allowing him to have garage sales from a warehouse. City Attorney, Kohn Bennett, explained that no one is allowed to speak in regard to the issue because of the litigation initiated by Mr. Carlson on this matter. City Clerk—Sandra Sims No report. City Attorney—Kohn Bennett • Mr. Bennett queried Council to ascertain if a closed-session meeting should be held to strategize how to respond to the Long Point Park settlement proposition. Council concurred that they would speak individually with him rather than calling a closed-session meeting. • Mr. Bennett reported that the court heard the Fairvilla Video Code Enforcement Board appeals last week and a written order should be received within two weeks. Mayor Pro Tem—Buzz Petsos • Mr. Petsos queried when the port is planning to start the beach renourishment project. Mr. Boucher responded that it would be after the first of the year. • Mr. Petsos suggested that Council approach the County to reconsider instituting the bicycle helmet law proposed by the State. City Council Regular Meeting Minutes November 18, 1997 PAGE 9 Council Member—Tony Hernandez • Mr. Hernandez suggested that the pedestrian bridge be named in honor of former Mayor, John Porter. Staff is to research the legal requirements for naming the bridge. Council Member—Burt Bruns No Report. Mayor—Rocky Randels • Mayor Randels reported that the City received a certificate of appreciation from Cape View Elementary. There being no further business, the meeting adjourned at 9:55 p.m. Rocky Randels,MAYOR Sandra Rozar Sims, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue,Cape Canaveral,Florida TUESDAY December 2, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Council Members Absent Burt Bruns Tony Hernandez Joy Salamone Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager,Bennett Boucher City Attorney,Kohn Bennett City Clerk,Sandra Sims City Treasurer,Andrea Bowers Public Works Director,Edward Gardulski OATH OF OFFICE: City Attorney,Kohn Bennett, administered the Oath of Office to Joy Salamone, Council Member. CONSIDERATIONS: 1. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the City Council Regular Meeting Minutes of October 7, 1997,with corrections made to the numbering. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns, For;Mayor Pro Tem Petsos, For; and Mayor Randels,For. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the City Council Regular Meeting Minutes of October 21, 1997, with corrections made on page 5 to include the approval statement. The motion passed 4-0 with voting as follows: Ms. Salamone, For;Mr. Bruns, For;Mayor Pro Tem Petsos,For; and Mayor Randels,For. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Petsos to approve the City Council Regular Meeting Minutes of November 6, 1997. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns, For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. \\cape-nt\cape-nt\cityckrk\cityclk\mmutes\regule 1997\12-02-97.doc City Council Regular Meeting Minutes December 2, 1997 Page 2 2. (Tape 1, 214) The Juvenile Assessment Center Donation item was deferred to later in the meeting to allow time for County Commissioner,Helen Voltz' attendance. 3. (Pape 1, 24o)A motion was made by Mayor Randels and seconded by Ms. Salamone to appoint Burt Bruns as Voting Delegate/Director and Tony Hernandez as Alternate to the Space Coast League of Cities. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns, For;Mayor Pro Tem Petsos, For; and Mayor Randels,For. 4. (Tape 1, 378)City Manager,Bennett Boucher, displayed photos of the Lift Station 3 pipe in disrepair. Mr. Petsos queried if there are preventative measures, which can be taken after the repair. Public Works Director, Ed Gardulski, explained that the problem is with the Port sewage sitting too long;the sewage needs to be moved. A motion was made by Mr. Bruns and seconded by Ms. Salamone to waive Bid Procedures and Authorize Lift Station 3 Repairs to H&S Construction, Inc. in the amount of $7,620. The motion passed 4-0 with voting as follows: Ms. Salamone, For;Mr. Bruns,For;Mayor Pro Tem Petsos,For; and Mayor Randels,For, 5. (Tape 1, 727)City Manager, Bennett Boucher, explained that the wastewater treatment facility has been experiencing flow surging of the treatment process. The surging creates some inefficiency and a higher level of chemical treatment during a surge. He referred to the letter from Hartman& Associates, Inc. which states that"the original design did not include variable frequency drives (VFD)in an effort to lower the costs of construction." Therefore, requiring installation of VFD controls for two(2)of the five(5)pumps. Public Works Director,Ed Gardulski, recommends that the VFD Pump Controls be obtained by Sole Source Purchase,Ellis K Phelps&Co., in the amount of$8,139. Mr. Petsos opined that the$8,139 cost as it relates to the+$10 million original design costs is poor judgement and should have been included in the original construction and should be considered as a warranty issue. Mr. Bruns reiterated that this new expense within 18 months does not indicate cost savings. Mr. Petsos stated that Hartman should be aware of Council's dismay at this issue. He also queried if impact fees could be used for this purchase. City Manager Boucher responded that they could. Ms. Salamone opined that this issue should be addressed face-to-face with Hartman at the December 16, 1997 meeting or January 6, 1998 if necessary. Council concurred. A motion was made by Ms. Salamone and seconded by Mr. Bruns to table the issue until Hartman&Associates, Inc. representatives can be present. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns,For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. (Tape 1, 1043)City Treasurer, Andrea Bowers, explained the need for a systems manager. A motion was made by Mr. Bruns and seconded by Ms. Salamone to approve the Management Information Systems (MIS)Temporary Employee,through December 1998. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns, For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. \\CAPE-NT\cape-nt\citycl erk\CityClk\MINUTESUREGULAR\1997\12-02-97.doc City Council Regular Meeting Minutes December 2, 1997 Page 3 RESOLUTIONS: 7. (Tape 1, 1458)Mayor Randels read Resolution No. 97-42 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; APPOINTING ONE(1)DELEGATE AT LARGE TO THE LOCAL PLANNING AGENCY OF THE CITY OF CAPE CANAVERAL,FLORIDA;PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mayor Randels to approve Resolution No. 97-42, appointing Joy Salamone to the Local Planning Agency. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns,For;Mayor Pro Tem Petsos,For; and Mayor Randels,For. PUBLIC HEARING ORDINANCE - SECOND READING 8. (Tape 1, 1604) Mayor Randels read Ordinance No. 15-97 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA, AMENDING CHAPTER 50,OFFENSES AND MISCELLANEOUS PROVISIONS,BY ADOPTING A NEW SECTION 50-4,OVERNIGHT CAMPING PROHIBITED,BY PROVIDING FOR THE PROHIBITION OF CAMPING WITHIN THE STREET RIGHTS OF WAY,BEACH ENDS AND DUNE CROSSOVERS;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH;PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 15- 97. Ms. Salamone queried if this ordinance would not disallow camping at ballparks. City Attorney, Kohn Bennett, explained that the ordinance closing the parks already disallows camping. However, he opined that all references to the term overnight should be stricken from the ordinance. A motion to amend Ordinance No. 15-97 by striking all references to overnight was made by Mayor Randels and seconded by Ms. Salamone. The amending motion passed 4-0 with voting as follows: Ms. Salamone, For;Mr. Bruns,For;Mayor Pro Tem Petsos,For; and Mayor Randels,For. The main motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns, For;Mayor Pro Tem Petsos,For; and Mayor Randels, For. DISCUSSION: 9 (Tape 1, 1868) The Ball Park Concept discussion was postponed due to Mr. Hernandez' absence. 2. (Tape 1, 1874) Mayor Randels explained the options presented by Commissioner Voltz for contributing to the Juvenile Assessment Center. Mr. Petsos opined that the fairest option \\CAPE-NTlcape-nt\cityclerk\CityClkIMINUCESIREGULAR\1997\12-02-97.doc City Council Regular Meeting Minutes December 2, 1997 Page 4 is the pro rata share according to city population within the county rather than the number of youths arrested in the city. Council concurred. A motion was made by Mr. Bruns and seconded by Ms. Salamone to approve Option No. 1 based on population in the amount of $848. The motion passed 4-0 with voting as follows: Ms. Salamone,For;Mr. Bruns,For;Mayor Pro Tem Petsos, For; and Mayor Randels, For. Commissioner Voltz arrived after the decision. was made, however, did more fully explain the concept of the Juvenile Assessment Center. Mt. Petsos requested that Commissioner Voltz re-introduce the bicycle helmet law to the County Commission. She responded that she would present the objective for re-consideration. REPORTS: City Manager—Bennett Boucher • Mr. Boucher reported that he would not attend the 12/16 Council Meeting. He will be out of state. • Mr. Boucher reported that the Port approved the Internal Trust Fund Land Lease Agreement for the property at the northwestern end of the city ($1) • Mr. Boucher stated that Council might discuss the C-2 ordinance at the 12/16 meeting, however, it will not be considered as a transmittal ordinance until after the first of the year to avoid extra advertising expense if changes are recommended. • Mr. Boucher reported that the Public Works Director has applied for the SJRWMD grant for continued reuse installation ($100,000) • Mr. Boucher reminded Council that the Space Coast League of Cities Christmas Meeting is next Monday at PAFB. • Mr. Boucher reminded Council that the Chamber of Commerce Wednesday Friendsday would be held 12/3 at the Port, Terminal 10. • Mr. Boucher reported that he met with Port representatives and the sand bypass project bid opening is scheduled for 12/15, construction to begin 1/5 and finish 5/15/98. Did not know where it would start and finish or how much. • Mr. Boucher reminded Council that the Reindeer Run to benefit United Way scheduled for 12/13 at 9am. • Mr. Boucher showed the new City of Cape Canaveral marketing video. Audience None City Clerk— Sandra Sims No report. City Attorney—Kohn Bennett \\CAPE-NT\cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1997\12-02-97.doe City Council Regular Meeting Minutes December 2, 1997 Page 5 • Mr. Bennett reported that Council had not contacted him regarding the Long Point Park issue and that he must have a response submitted by Friday, December 7, 1997. Mayor Pro Tem— Buzz Petsos • Mr. Petsos queried what action has been taken in regard to the Race Trac landscaping issue? Mayor Randels responded that he personally talked to local representatives and former Mayor, John Porter telephoned the corporate headquarters in Atlanta. They have agreed to redo the north end and AIA frontage. • Mr. Petsos queried if the well testing has been done on the northern border of the city in conjunction with the contamination report performed for the Port Authority. Mr. Boucher responded that it has not been done, but would be right away. • Mr. Petsos stated that the original pedestrian bridge design called for benches. He queried if the city received a rebate for their omission. Public Works Director, Ed Gardulski, responded that the benches conflicted with handrails, therefore, benches were installed with recycled fabrication for added safety. • Mr. Petsos queried when the article on sewer rates would be published. Mr. Boucher responded that it would be done next week. • Mr. Petsos reminded Council that the Space Coast League of Cities Christmas dinner will be held at the Patrick Air Force Base Officers' Club on December 8, 1997 at 6:30 p.m. Council Member—Burt Bruns • Mr. Bruns requested that the Community Appearance Board be placed on the next agenda to review their status and progress as a new board. • Mr. Bruns queried about the status of the Washington Avenue beach end house. Mr. Boucher responded that the state has sent notice to the owners to remove the debris. Mr. Bennett reported that Mr. Applegate queried him in regard to the city cost sharing for its removal. Council concurred that the city has no responsibility for sharing in the cost for removing the structure. Council Member—Joy Salamone • Ms. Salamone stated that Styrofoam cups should not be used; the city should use paper. • Ms. Salamone stated that she would be unable to attend the December 16, 1997 meeting due to prior commitments. Mayor—Rocky Randels • Mayor Randels reported that the International Baccalaureate Program that the city helped fund has received certification to continue. • Mayor Randels queried about the status of the Banana River Park for which the city has received a $795,000 grant to purchase 7 acres. Mr. Boucher reported that the property owner, Shuford Mills, is developing a master plan for their entire property along the river and \\CAPE-NT\cape-nt\cityclerk\CityClk\MINUTES\REGULAR\1997\12-02-97.doc City Council Regular Meeting Minutes December 2, 1997 Page 6 has not reached a conclusion for selling the 7 acres. He stated that the city may apply for an extension of the grant. There being no further business, A motion was made by Ms. Salamone and seconded by Mr. Bruns to adjourn the meeting at 8:45 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK \\CAPE-N]Rcape-nt\cityclerk\CityClk\MINUTES\REGULAR\1997\12-02-97.doc EV Meeting YPe� 8 T Regular � Meeting Date: 12-16-97 r AGENDA a Heading Considerations CnY OF CAPE CANAVERAL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: STATE REVOLVING LOAN FUND, AMENDMENT NO. 3 DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council approve amendment no. 3 of the State Revolving Loan for the WWTP project. Summary Explanation& Background: The remaining unpaid principal on this loan is $7,061,756.44. The annual debt service payments were reduced by $22,986.50 to$503,387.50. I recommend approval. Exhibits Attached: FDEP memo dated 11-21-97 city�Nj�pas Office Department WATER RECLAMATION/PUBLIC r / WORKS :/ n/council/meetin�9 7/loan.doc eE�`p�PROtE(iION ' Department of FLORIDA Environmental Protection Twin Towers Office Building Lawton Chiles 2600 Blair Stone Road Virginia S. Wetherell Governor Tallahassee, Florida 32399-2400 Secretary November 21, 1997 Honorable John K. Porter, Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 Re: Loan CS 120825020- Cape Canaveral Amendment 3 Dear Mayor Porter: Enclosed are three original copies of proposed Amendment 3 to State Revolving Fund loan agreement CS120825020. The amendment adjusts the project costs and reduces the semiannual loan payment. The remainder of the Service Fee, $32,832 has been disbursed directly to the Department. These adjustments are final unless further revisions become necessary as a result of an audit. A repayment calculation worksheet and an amortization schedule are also enclosed. Please sign and seal(along with other designated City officials)the enclosed three copies and return them to us within three weeks at the address in the letterhead, Mail Station 3505. We will arrange for Secretary Wetherell to sign the document and mail a fully executed copy to you. If this Amendment is not fully executed before the next payment date,January 1, 1998,the higher payment amount specified in the preceding Amendment 2 will be due. If you have any questions,please call Betty Carpenter at(850)488-8163. Sincerely, "�V. erryliill, )1`. Chief Bureau of Water Facilities Funding DWB/bc Enclosures Bennett Boucher- Cape Canaveral Andrea Bowers- Cape Canaveral Gary Revoir-Hartman and Associate/Orlando Christianne Ferraro- DEP/Orlando Prosect, Conserve and Manage Florida's Environment and Natural Resources" Printed on recycled paper. STATE REVOLVING FUND AMENDMENT 3 TO LOAN AGREEMENT CS120825020 CITY OF CAPE CANAVERAL This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(Department)and the CITY OF CAPE CANAVERAL, FLORIDA, existing as a local government agency(Local Government)under the laws of the State of Florida. WITNESSETH: WHEREAS,the Department and the Local Government entered into a State Revolving Fund Loan Agreement,Number CS 120825020, as amended, authorizing a Loan amount of $7,797,000, excluding Capitalized Interest; and WHEREAS, the Loan amount, Loan Service Fee, and Project costs need adjustment to reflect actual costs; and WHEREAS, the Local Government has made three Semiannual Loan Payments to the Department; and WHEREAS,the Semiannual Loan Payment amount needs revision to reflect adjustment of the Loan amount and to reflect the Capitalized Interest actually incurred; and WHEREAS,the Project schedule needs revision to include certain dates established during the final construction inspection; and WHEREAS,revision of Article II, Section 2.01 (15) is appropriate so that the Local Government may submit the required annual certification at the time that it submits its annual audit. NOW, THEREFORE, the parties hereto agree as follows: 1. The Loan amount authorized for disbursement is hereby reduced by$237,315.00, which represents surplus funds not disbursed to the Local Government. 2. The Loan Service Fee is reduced$4,653.00 and the adjusted total service fee for this loan is $145,289.00. 3. The total principal amount loaned to the Local Government was $7,581,088.25, which consisted of$7,414,396.00 disbursed to the Local Government,the Loan Service Fee of $145,289.00 disbursed directly to the Department, and$21,403.25 of accrued Capitalized Interest. 4. The unpaid principal of the Loan is$7,061,756.44,which amount accounts for the Department's receipt of three Semiannual Loan Payments and consists of the following: (a) $4,146,598.27 at an interest rate of 3.17 percent per annum; and 1 (b) $1,579,350.56 at an interest rate of 2.92 percent per annum. (c) $1,335,807.61 at an interest rate of 2.97 percent per annum. 5. The Semiannual Loan Payment amount, adjusted to account for payments received from the Local Government to date, is hereby revised and shall be in the amount of$251,693.75. Such payment shall be received by the Department on or before January 1, 1998 and semiannually thereafter on July 1 and January 1 until all amounts due hereunder have been fully paid. 6. Attachment B, Revision 2: Estimated Loan Disbursement Schedule, is hereby deleted in its entirety. Actual disbursements are provided in the Semiannual loan statements. 7. Attachment C,Revision 1: Project Costs, is hereby deleted in its entirety and replaced with Attachment C, Revision 2, attached hereto and made a part hereof. 8. Attachment D, Revision 1: Project Schedule, is hereby amended to include Attachment D attached hereto and made a part hereof. All other terms and provisions of the Loan Agreement shall remain in effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 2 This Amendment 3 to Loan Agreement CS120825020 shall be executed in three or more counterparts, any of which shall be regarded as an original and all of which constitute but one and the same instrument. This amendment incorporates Attachments C and D hereto. IN WITNESS WHEREOF,the Department has caused this amendment to the Loan Agreement to be executed on its behalf by the Secretary of the Department and the Local Government has caused this amendment to be executed on its behalf by its Authorized Representative and by its affixed seal. The effective date of this amendment shall be as set forth below by the Secretary of the Department. for CITY OF CAPE CANAVERAL r Mayor Approved as to Form and Legality Attest by City Clerk City Attorney SEAL for STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary Date 3 ATTACHMENT C,REVISION 2: PROJECT COSTS The Local Government and the Department acknowledge that changes in Project costs may occur as a result of the Local Government's Project audit or a Department audit pursuant to Chapter 62-503 of the Florida Administrative Code. Unless this Agreement is amended subsequent to an audit, the following Project costs shall be final. CATEGORY COST (1) Administrative Allowance $ 42,840.00 (2) Engineering Allowance 456,960.00 (3) Construction 6,635,254.00 (4) Technical Services During Construction Contractual 129,400.00 Force Account 0 SUBTOTAL 7,264,454.00 (5)Loan Repayment Reserve* 149,942.00 SUBTOTAL (Disbursed to Local Government) 7,414,396.00 (6)Loan Service Fee* 145,289.00 SUBTOTAL 7,559,685.00 (7)Capitalized Interest 21,403.25 TOTAL (Loan Principal Amount) $7,581,088.25 *The Loan Repayment Reserve represents two percent of the original Loan amount excluding the Capitalized Interest,Loan Repayment Reserve, and Loan Service Fee amounts;that is,two percent of$7,497,115 which equals $145,942. The Loan Service Fee represents two percent of the amended Loan amount excluding the Capitalized Interest, Loan Repayment Reserve, and Loan Service Fee amounts, that is two percent of$7,264,454 which equals $145,289. 4 ATTACHMENT D,REVISION 1: PROJECT SCHEDULE The Local Government agrees by execution hereof: 1. The date on which the Department conducted the final construction inspection of the Project was April 8, 1997. Construction costs incurred after this date are not eligible for Loan funding. Certain construction-related costs may be eligible if incurred by the construction cut- off date identified below. 2. The construction cost cut-off date established for the Project is June 8, 1997. 3. The date for the certification required under Article II, Section 2.01(15)of the Agreement is hereby revised; the certification shall be submitted annually with the audit required under Section 2.01(12). 4. The close-out audit required under Section 2.01(14)of this Agreerhent shall be submitted within twelve months after the effective date of this amendment. 5 11/14/1997 CALCULATION OF SEMI-ANNUAL PAYMENT FOR REMAINING YEARS LOCAL GOVERNMENT: CAPE CANAVERAL PROJECT NUMBER: CS120825020 BEGINNING OF 20 YEAR TERM: 01/01/1996 PAYMENTS REMAINING: 37 xxxxxxxxxcc==c==exxxxxxxxxxxxxxxe=xxxxxxxx»xxxxazxzsxzaazzxsassaa�xxassxxzzxxxxx�xxxxxxxxxxxxxxsxx--a ORIGINAL LOAN COMBINED INTEREST RATE: 3.170% PRESENT COMB.INT. AT TOTAL OWED AT VALUE* AT PAYMENT DATE BALANCE FORWARD DISBURSEMENT 01/01/1998 01/01/1998 07/01/1997 AMOUNT --------------------------------------------------------------------------------------------------------- 07/01/1997 4,146,598.27 65,723.58 4,212,321.85 --------------------------------------------------------------------------------------------------------- SUBTOTALS 4,146,598.27 65,723.58 4,212,321.85 4,146,598.27 148,986.78 AMENDMENT 1 COMBINED INTEREST RATE• 2.920% PRESENT COMB.INT. AT TOTAL OWED AT VALUE* AT PAYMENT DATE BALANCE FORWARD DISBURSEMENT 01/01/1998 01/01/1998 07/01/1997 AMOUNT --------------------------------------------------------------------------------------------------------- 07/01/1997 1,579,350.56 23,058.52 1,602,409.08 --------------------------------------------------------------------------------------------------------- SUBTOTALS 1,579,350.56 23,058.52 1,602,409.08 1,579,350.56 55,550.87 AMENDMENT 2 COMBINED INTEREST RATE• 2.970% PRESENTS COMB.INT. AT TOTAL OWED AT VALUE* AT PAYMENT DATE BALANCE FORWARD DISBURSEMENT 01/01/1998 01/01/1998 07/01/1997 AMOUNT --------------------------------------------------------------------------------------------------------- 07/01/1997 1,254,721.61 18,632.62 1,273,354.23 11/07/1997 48,254.00 215.95 48,469.95 11/12/1997 32,832.00 133.58 32,965.58 ------------------------------------------------------------------------------------------ SUBTOTALS 1,254,721.61 81,086.00 18,982.15 1,354,789.76 1,334,965.52 47,156.10 TOTALS 6,980,670." 81,086.00 107,764.25 7,169 520.69 7,060,914.35 251 693.75 *PRESENT VALUE IS THE TOTAL OWED DIVIDED BY (1+(COMBINED INTEREST RATE)/2). THE PAYMENT AMOUNT IS COMPUTED USING THE PRESENT VALUE. 11/14/1997 REVOLVING FUND LOAN PAGE 1 ***REPAYMENT SCHEDULE*** LOCAL GOVERNMENT: CAPE CANAVERAL LOAN NUMBER: CS120825020 SEMIANNUAL PAYMENT DATES: JANUARY 01/JULY 01 ORIGINAL LOAN COMBINED INTEREST RATE: 3.170 PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING ------------------------------------------------------------------------------ 01/01/1996 0 4,472, 03.25 07/01/1996 1 197,533.72 60,345.45 137,188.27 4,335 14.98 01/01/1997 2 168,131.15 68,713.16 99,417.99 4,235,196.99 07/01/1997 3 156,336.10 67,137.38 89,198.72 4,146,$98.27 01/01/1998 4 148,986.78 65,723.58 83,263.20 4,063,935.07 07/01/1998 5 148,986.78 64,403.86 84,582.92 3,978,752.15 01/01/1999 6 148,986.78 63,063.22 85,923.56 3,892,028.59 07/01/1999 7 148,986.78 61,701.33 87,285.45 3,805, 43.14 01/01/2000 8 148,986.78 60,317.86 88,668.92 3,716 74.22 07/01/2000 9 148,986.78 58,912.46 90,074.32 3,626, 99.90 01/01/2001 10 148,986.78 57,484.78 91,502.00 3,535,297.90 07/01/2001 11 148,986.78 56,034.47 92,952.31 3,442,345.59 01/01/2002 12 148,986.78 54,561.18 94,425.60 3,347,519.99 07/01/2002 13 148,986.78 53,064.53 95,922.25 3,251,9197.74 01/01/2003 14 148,986.78 51,544.16 97,442.62 3,154,555.12 07/01/2003 15 148,986.78 49,999.70 98,987.08 3,055,5'68.04 01/01/2004 16 148,986.78 48,430.75 100,556.03 2,955,012.01 07/01/2004 17 148,986.78 46,836.94 102,149.84 2,852,062.17 01/01/2005 18 148,986.78 45,217.87 103,768.91 2,749,093.26 07/01/2005 19 148,986.78 43,573.13 105,413.65 2,643,079.61 01/01/2006 20 148,986.78 41,902.32 107,084.46 2,536,595.15 07/01/2006 21 148,986.78 40,205.03 108,781.75 2,427,813.40 01/01/2007 22 148,986.78 38,480.84 110,505.94 2,317,3107.46 07/01/2007 23 148,986.78 36,729.32 112,257.46 2,205,050.00 01/01/2008 24 148,986.78 34,950.04 114,036.74 2,091,0113.26 07/01/2008 25 148,986.78 33,142.56 115,844.22 1,975,169.04 01/01/2009 26 148,986.78 31,306.43 117,680.35 1,857,4188.69 07/01/2009 27 148,986.78 29,441.20 119,545.58 1,737,943.11 01/01/2010 28 148,986.78 27,546.40 121,440.38 1,616,502.73 07/01/2010 29 148,986.78 25,621.57 123,365.21 1,493,137.52 01/01/2011 30 148,986.78 23,666.23 125,320.55 1,367,816.97 07/01/2011 31 148,986.78 21,679.90 127,306.88 1,240,5110.09 01/01/2012 32 148,986.78 19,662.08 129,324.70 1,111,185.39 07/01/2012 33 148,986.78 17,612.29 131,374.49 979,810.90 01/01/2013 34 148,986.78 15,530.00 133,456.78 846,354.12 07/01/2013 35 148,986.78 13,414.71 135,572.07 710,7182.05 01/01/2014 36 148,986.78 11,265.90 137,720.88 573,061.17 07/01/2014 37 148,986.78 9,083.02 139,903.76 433,157.41 01/01/2015 38 148,986.78 6,865.54 142,121.24 291,036.17 07/01/2015 39 148,986.78 4,612.92 144,373.86 146,6162.31 01/01/2016 40 148,986.91 2,324.60 146,662.31 0.00 -------------- -------------- -------------- SUBTOTALS 6,034,511.96 1,562,108.71 4,472,403.25 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 11/14/1997 REVOLVING FUND LOAN PAGE 2 AMENDMENT 1 COMBINED INTEREST RATE: 2.920 PMT COMB.INT. PRINCIPAL PRINCIPAL- DATE RINCI AL* DATE NO. PAYMENT PAID PAID OUTSTANDING ------------------------------------------------------------------------------ 01/01/1996 0 1,503,0144.00 07/01/1996 1 65,653.28 3,482.77 62,170.51 1,655,829.49 01/01/1997 2 64,116.45 23,599.03 40,517.42 1,615,31:12.07 07/01/1997 3 59,545.07 23,583.56 35,961.51 1,579,3150.56 01/01/1998 4 55,550.87 23,058.52 32,492.35 1,546,8 8.21 07/01/1998 5 55,550.87 22,584.13 32,966.74 1,513,8!91.47 01/01/1999 6 55,550.87 22,102.82 33,448.05 1,480,4143.42 07/01/1999 7 55,550.87 21,614.47 33,936.40 1,446,507.02 01/01/2000 8 55,550.87 21,119.00 34,431.87 1,412,075.15 07/01/2000 9 55,550.87 20,616.30 34,934.57 1,377,140.58 01/01/2001 10 55,550.87 20,106.25 35,444.62 1,341,6195.96 07/01/2001 11 55,550.87 19,588.76 35,962.11 1,305,703.85 01/01/2002 12 55,550.87 19,063.71 36,487.16 1,269,246.69 07/01/2002 13 55,550.87 18,531.00 37,019.87 1,232,226.82 01/01/2003 14 55,550.87 17,990.51 37,560.36 1,194,666.46 07/01/2003 15 55,550.87 17,442.13 38,108.74 1,156,5157.72 01/01/2004 16 55,550.87 16,885.74 38,665.13 1,117,802.59 07/01/2004 17 55,550.87 16,321.23 39,229.64 1,078,6162.95 01/01/2005 18 55,550.87 15,748.48 39,802.39 1,038,8160.56 07/01/2005 19 55,550.87 15,167.36 40,383.51 998,417.05 01/01/2006 20 55,550.87 14,577.76 40,9713.11 957,503.94 07/01/2006 21 55,550.87 13,979.56 41,571.31 915,902.63 01/01/2007 22 55,550.87 13,372.62 42,178.25 873,7p4.38 07/01/2007 23 55,550.87 12,756.81 42,794.06 830,960.32 01/01/2008 24 55,550.87 12,132.02 43,418.85 787,5+41.47 07/01/2008 25 55,550.87 11,498.11 44,052.76 743,408.71 01/01/2009 26 55,550.87 10,854.94 44,695.93 698,792.78 07/01/2009 27 55,550.87 10,202.37 45,348.50 653,4144.28 01/01/2010 28 55,550.87 9,540.29 46,010.58 607,4 3.70 07/01/2010 29 55,550.87 8,868.53 46,682.34 560,7 1.36 01/01/2011 30 55,550.87 8,186.97 47,363.90 513,3 7.46 07/01/2011 31 55,550.87 7,495.46 48,055.41 465,3 2.05 01/01/2012 32 55,550.87 6,793.85 48,757.02 416,5 5.03 07/01/2012 33 55,550.87 6,082.00 49,468.87 367,106.16 01/01/2013 34 55,550.87 5,359.75 50,191.12 316,9 5.04 07/01/2013 35 55,550.87 4,626.96 50,923.91 265,9 1.13 01/01/2014 36 55,550.87 3,883.47 51,667.40 214,3 3.73 07/01/2014 37 55,550.87 3,129.13 52,421.74 161,901.99 01/01/2015 38 55,550.87 2,363.77 53,187.10 108,714.89 07/01/2015 39 55,550.87 1,587.24 53,963.63 54,751.26 01/01/2016 40 55,550.63 799.37 54,751.26 0.00 -------------- -------------- -------------- SUBTOTALS 2,244,696.75 526,696.75 1,718,000.00 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 11/14/1997 REVOLVING FUND LOAN PAGE 3 AMENDMENT 2 COMBINED INTEREST RATE: 2.970 PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING -------------------------------------------------------------------------�------ 01/01/1996 0 0.00 07/01/1996 1 0.00 0.00 0.00 804,4 9.00 01/01/1997 2 30,939.39 5,909.13 25,030.26 1,284,58.74 07/01/1997 3 47,305.83 17,458.70 29,847.13 1,335,8 7.61 01/01/1998 4 47,156.10 18,982.15 28,173.95 1,307,6 3.66 07/01/1998 5 47,156.10 19,418.36 27,737.74 1,279,8 5.92 01/01/1999 6 47,156.10 19,006.45 28,149.65 1,251,7146.27 07/01/1999 7 47,156.10 18,588.43 28,567.67 1,223,178.60 01/01/2000 8 47,156.10 18,164.20 28,991.90 1,194,1$6.70 07/01/2000 9 47,156.10 17,733.67 29,422.43 1,164,7 4.27 01/01/2001 10 47,156.10 17,296.75 29,859.35 1,134,94.92 07/01/2001 11 47,156.10 16,853.34 30,302.76 1,104,6 2.16 01/01/2002 12 47,156.10 16,403.34 30,752.76 1,073,849.40 07/01/2002 13 47,156.10 15,946.66 31,209.44 1,042,69.96 01/01/2003 14 47,156.10 15,483.20 31,672.90 1,010,927.06 07/01/2003 15 47,156.10 15,012.86 32,143.24 978,833.82 01/01/2004 16 47,156.10 14,535.53 32,620.57 946,23.25 07/01/2004 17 47,156.10 14,051.12 33,104.98 913,0 8.27 01/01/2005 18 47,156.10 13,559.51 33,596.59 879,5 1.68 07/01/2005 19 47,156.10 13,060.60 34,095.50 845,4 6.18 01/01/2006 20 47,156.10 12,554.28 34,601.82 810,8 4.36 07/01/2006 21 47,156.10 12,040.44 35,115.66 775,6 8.70 01/01/2007 22 47,156.10 11,518.98 35,637.12 740,0 1.58 07/01/2007 23 47,156.10 10,989.77 36,166.33 703,8 5.25 01/01/2008 24 47,156.10 10,452.70 36,703.40 667,1$1.85 07/01/2008 25 47,156.10 9,907.65 37,248.45 629,933.40 01/01/2009 26 47,156.10 9,354.51 37,801.59 592,1$11.81 07/01/2009 27 47,156.10 8,793.16 38,362.94 553,708.87 01/01/2010 28 47,156.10 8,223.47 38,932.63 514,8$6.24 07/01/2010 29 47,156.10 7,645.32 39,510.78 475,335.46 01/01/2011 30 47,156.10 7,058.58 40,097.52 435,27.94 07/01/2011 31 47,156.10 6,463.13 40,692.97 394,534.97 01/01/2012 32 47,156.10 5,858.84 41,297.26 353,237.71 07/01/2012 33 47,156.10 5,245.58 41,910.52 311,3$7.19 01/01/2013 34 47,156.10 4,623.21 42,532.89 268,7$4.30 07/01/2013 35 47,156.10 3,991.60 43,164.50 225,639.80 01/01/2014 36 47,156.10 3,350.60 43,805.50 18118J4.30 07/01/2014 37 47,156.10 2,700.09 44,456.01 137,3 8.29 01/01/2015 38 47,156.10 2,039.92 45,116.18 92,2$2.11 07/01/2015 39 47,156.10 1,369.94 45,786.16 46,465.95 01/01/2016 40 47,155.97 690.02 46,465.95 0.00 -------------- -------------- -------------- SUBTOTALS 1,823,020.79 432,335.79 1,390,685.00 ----------------------------------------- *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM 11/14/1997 REVOLVING FUND LOAN PAGE 4 ALL LOAN INCREMENTS COMBINED PMT COMB.INT. PRINCIPAL PRINCIPAL* DATE NO. PAYMENT PAID PAID OUTSTANDING ------------------------------------------------------------------------------ 01/01/1996 0 0.00 0.00 0.00 5,975,1447.25 07/01/1996 1 263,187.00 63,828.22 199,358.78 6,795,',543.47 01/01/1997 2 263,186.99 98,221.32 164,965.67 7,135,1677.80 07/01/1997 3 263,187.00 108,179.64 155,007.36 7,061,756.44 01/01/1998 4 251,693.75 107,764.25 143,929.50 6,917,1826.94 07/01/1998 5 251,693.75 106,406.35 145,287.40 6,772,539.54 01/01/1999 6 251,693.75 104,172.49 147,521.26 6,625,1018.28 07/01/1999 7 251,693.75 101,904.23 149,789.52 6,475,{228.76 01/01/2000 8 251,693.75 99,601.06 152,092.69 6,323„136.07 07/01/2000 9 251,693.75 97,262.43 154,431.32 6,168,704.75 01/01/2001 10 251,693.75 94,887.78 156,805.97 6,011,098.78 07/01/2001 11 251,693.75 92,476.57 159,217.18 5,852,1681.60 01/01/2002 12 251,693.75 90,028.23 161,665.52 5,691, 16.08 07/01/2002 13 251,693.75 87,542.19 164,151.56 5,526,264.52 01/01/2003 14 251,693.75 85,017.87 166,675.88 5,360,188.64 07/01/2003 15 251,693.75 82,454.69 169,239.06 5,190,049.58 01/01/2004 16 251,693.75 79,852.02 171,841.73 5,019,107.85 07/01/2004 17 251,693.75 77,209.29 174,484.46 4,844,623.39 01/01/2005 18 251,693.75 74,525.86 177,167.89 4,667,1455.50 07/01/2005 19 251,693.75 71,801.09 179,82.66 4,487,$62.84 01/01/2006 20 251,693.75 69,034.36 182,639.39 4,304,003.45 07/01/2006 21 251,693.75 66,225.03 185,468.72 4,119,1434.73 01/01/2007 22 251,693.75 63,372.44 188,321.31 3,931, 13.42 07/01/2007 23 251,693.75 60,475.90 191,217.85 3,739, 95.57 01/01/2008 24 251,693.75 57,534.76 194,158.99 3,545,136.58 07/01/2008 25 251,693.75 54,548.32 197,145.43 3,348,91.15 01/01/2009 26 251,693.75 51,515.88 200,177.87 3,148,413.28 07/01/2009 27 251,693.75 48,436.73 203,257.02 2,945,156.26 01/01/2010 28 251,693.75 45,310.16 206,383.59 2,738,172.67 07/01/2010 29 251,693.75 42,135.42 209,558.33 2,529,214.34 01/01/2011 30 251,693.75 38,911.78 212,781.97 2,316,432.37 07/01/2011 31 251,693.75 35,638.49 216,055.26 2,100, 77.11 01/01/2012 32 251,693.75 32,314.77 219,378.98 1,880 98.13 07/01/2012 33 251,693.75 28,939.87 222,753.88 1,658,244.25 01/01/2013 34 251,693.75 25,512.96 226,180.79 1,432,063.46 07/01/2013 35 251,693.75 22,033.27 229,660.48 1,202,1402.98 01/01/2014 36 251,693.75 18,499.97 233,193.78 969,209.20 07/01/2014 37 251,693.75 14,912.24 236,781.51 732,427.69 01/01/2015 38 251,693.75 11,269.23 240,424.52 492,003.17 07/01/2015 39 251,693.75 7,570.10 244,123.65 247,879.52 01/01/2016 40 251,693.51 3,813.99 247,879.52 0.00 -------------- -------------- -------------- TOTALS 10,102,229.50 2,521,141.25 7,581,088.25 *PRINCIPAL OUTSTANDING MAY REFLECT DISBURSEMENTS DURING 20-YEAR TERM W .. 64A E Aid Meeting Type: Regular Meeting Date: 12-16-97 r r . ;., AGENDA CITY OF Heading Considerations CAPE CANAVERAL Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EXTENSION OF PERMIT FOR TEMPORARY CONSTRUCTION TRAILER, DISCOVERY BAY DEPT./DIVISION: BUILDING DEPARTMENT Requested Action: That the City Council consider the extension of the permit for temporary construction trailer, Discovery Bay. Summary Explanation& Background: See attached memo from building official. Exhibits Attached: ' Building Official's memo dated 12-03-97 City ManagQr's Office Department BUILDING DEPARTMENT </g:/ad cil/meeting 997/ 6 duscovery.doc t I S City of Cape Canaveral CITY OF CAPE CANAVERAL December 3, 1997 MEMORANDUM: TO: Bennett Boucher, City Manager FROM: G. J. Moran, Building Official Re: Extension Of Permit# 97-00143 Temporary Construction Trailer The Contractor, Mr William Young, has requested an extension of time for the above referenced construction trailer located at 613 Manatee Bay Drive in the Discovery Bay project. Staff recommends a ninety day extension to the referenced permit. attachments: Letter of request dated 11/26/97 Code sections 82-32 (4) and 110-554 (b) 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407)868-1200 • FAX(4071 799-3170 d+ �i Discoay (407) 784-3425 To: City of Cape Canaveral Building Department From: Bill Young November 26, 1997 I have been informed that the Permit ( #97-00143 ) for our on-site trailer located at 613 Manatee Bay Drive has expired. We are therefore requesting an extension and/or renewal of this permit. Please send me confirmation if this request is approved. Sincerely, r Bill Young P is F1 I 2"70 &ae as Feaek .52-932 §82-3�.,-.,. CAPE CANAVERAL CODE c � manager,may appoint or hire such number from the appearance of the immediate neigh- of officers, inspectors, assistants and other borhood,or reduces the value of property in employees as shall be authorized from time the immediate neighborhood, or is a nui- to time.A person shall not be appointed or sance shall be deemed to be a violation of hired as inspector of construction who has the above reference code sections, which not had at least five years' experience as a violation may be enforced by the code en- building inspector,engineer,architect or as forcement board. a superintendent, foreman or competent (5) Section 108.1 is amended to read as fol- mechanic in charge of construction. The lows: inspector should be certified through a rec- 108.1 Appointment. There is hereby estab- ognized certification program for the appro- fished a board to be called the construction priate trade. board of adjustment and appeals, which (4) Section 104.6.1 is amended to read as fol- shall consist of five members. The board lows: shall be appointed by the city council. 104.6.1 Permit Intent.Apermit issued shall (6) Section 108.2 is amended to read as fol-. be construed to be a license to proceed with lows: the work and not as authority to violate, 108.2 Membership and Terms. cancel, alter or set aside any of the provi- 108.2.1 Membership. Members of the con- sions of the technical codes, nor shall issu- struction board of adjustment and appeals ance of a permit prevent the building offi- should be composed of individuals with cial from thereafter requiring a correction knowledge and experience in the technical of errors in plans, construction, or viola- codes,such as design professionals,contrac- tions of this code.Every permit issued shall tors or building industry representatives.A become invalid,unless the work authorized board member shall not act in a case in by such permit is commenced within six which he has a personal or financial inter- months after its issuance, or if the work est. authorized by such permit is suspended or abandoned for a period of six months after 108.2.2 Terms. The terms of office of the its issuance, or if the work authorized by board members shall be two years from the such permit is suspended or abandoned for date of appointment. Continued absence of a period of six months after the time work any member from required meetings of the is commenced. The permit shall become board shall, at the discretion of the city invalid after three years from the date of council,render any such member subject to its issuance in zoning districts of the city, immediate removal from office. unless the building or buildings subject to 108.2.3 Quorum and Voting. A simple ma- the permit have exteriors and landscaping ` jority of the board shall constitute a quo- which are in substantial compliance with rum. the plans and specifications and comply 108.2.4 Secretary of Board. The building with the provisions of section 34-96,section official or designee shall act as secretary of 34-97, subsections 34-98(3),(4),(5),(6),(7), the board and shall make a detailed record (9) and (11), section 34-99 and section 34- of all of its proceedings, which shall set 122 of the City Code of Ordinances.Exten- forth the reasons for its decision,the vote of sions of time for building permits may be each member,the absence of a member and granted only by the city council. Further, any failure of a member to vote. any unfinished buildings or structures for which a permit has lapsed or otherwise (7) Section 1509.1.4.1 is amended to read as become invalid, and where the appearance follows: and other conditions of such unfinished 1509.1.4.1 Nails and clips shall be hot building or structure substantially detracts dipped galvanized, stainless steel, nonfer- Supp.No. 2 CD82:6 § 110-551 CAPE CANAVERAL CODE --- 'lot or parcel of land and there shall not used as a residence for a period exceeding 15 days, be permitted upon such surface a unless certification is given to the building official growth of weeds, undergrowth or lawn that any discharge from the boat meets applicable which exceeds the height of the imme- federal regulations. diately surrounding landscape. (Code 1981, § 641.35) g. On a corner lot in any district,no boats, utility trailers,recreational vehicles or Sec. 110-553. Living or residing in boats, special purpose vehicles shall be parked utility trailers,recreational ve- or placed in the triangular area bound- hicles ands special ed on two sides by the street right-of- P purpose ve- way lines, and on the third side by a hicles. straight line drawn between two points No person or persons shall reside in or occupy on the street right-of-way line located 25 feet from the point of the intersec- with the intent of using as shelter any boat, util- tion of the street right-of-way lines. ity trailer, recreational vehicle, special purpose h. No for-hire vehicle, commercially reg- vehicle or other automotive vehicles, such as an istered vehicle and no other manner of automobile, truck, bus or the like in the city for a conveyance not contemplated herein Period in excess of 24 hours,with the exception of shall be parked in any R-1, R-2 or R-3 recreational vehicles in an approved and permit- zone,nor shall any boat,utility trailer, ted site used for recreational vehicles. recreational vehicle or special purpose (Code 1981, §641.36;Ord.No.20-94, §2,9-20-94) vehicle be parked in any R-1, R-2 or R-3 zone other than as provided here- Sec. 110-554. Parking and storage of certain in. This section shall not be construed vehicles. to prohibit parking of automobiles, :( pickup trucks and minivans. (a) Boats,utility trailers,recreational vehicles, i. Boats, utility trailers, recreational ve- special purpose vehicles, automotive vehicles or hicles and special purpose vehicles, or trailers of any kind or type without current h- any combination thereof,parked in uni- cense plates shall not be stored on any residen- son or in tandem in excess of 30 feet in tially-zoned property,other than in completely en- length shall not be allowed to be parked closed buildings. or stored in the R-1 and R-2 zoning clas- (b) Construction trailers located on a construc- sifications of the city, unless the boat, tion site may be used as an office or a work or utility trailer,recreational vehicle,spe- security trailer.Use of these trailers as living quar- cial purpose vehicle or combination is ters is expressly prohibited. In each case and for located in a rear yard, side yard or any every trailer,temporary permits shall be required. setback abutting a street and is fenced The temporary permits shall be limited to 90 days or screened from view or is located in a is with 90-day extensions permitted, subject to the front yard and under covered parking need thereof as determined by the building offi- which shall,as a minimum,consist of a cial. No temporary trailer permit shall be issued carport. prior to issuance of a construction permit. (c) Except as provided in subsection (b) above, (Code 1981, § 641.37; Ord. No. 24-92, § 1(641.37), in commercial and industrial zones,all boats,util- 1-5-93; Ord. No. 20-94, § 3, 9-20-94) ity trailers, recreational vehicles and special pur- pose vehicles shall be parked in the parking areas Sec. 110-555. Paving of vehicular use areas. designated in sections 110-491 through 110-493. (Code 1981, §641.33; Ord. No. 20-94,§ 1,9-20-94) All commercial and industrial areas used for Sec. 110-552. Living aboard boats. the display or parking of any and all types of ve- Any boat moored or parked within 100 feet of hicles,boats or heavy construction equipment and the shoreline within the city limits shall not be all land upon which vehicles traverse the proper- Supp. No. 1 CD110:68 • S �� Meeting Type: Regular Meeting Date: 12-16-97 r AGENDA MART, H 'ns Considerations CRY OF CAPE CANAVERAL Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COOPERATIVH PURCHASE OF A BOBCAT BACKHOE ATTACHMENT DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider the cooperative purchase of a bobcat backhoe attachment in the amount of $5,675 from Melroe Government Sales. Summary Explanation&Background: See attached memo from public works director. This is a budgeted item. I recommend approval. Exhibits Attached: Public Works Director's memo dated 12-08-97 City 's Office Department WATER RECLAMATION/P!UBLIC WORKS ounciUmeeGng/1 - - obcat.doc M E M O R A N D U M DATE: December 8, 1997 TO: Bennett C. Boucher City Manager FROM: Ed Gardulsk' Public Works Director SUBJECT: City Council Agenda Item for December 16, 1997 Government Contract Purchase, Bobcat Backhoe Attachnkent The reclaimed water program requires a smaller backhoe for the installation of reuse services. Due to the small area allowed to work in residential neighborhoods the City' s backhoe currently utilized is too large. The manufacture of the City' s Bobcat equipment has available a backhoe attachment. This smaller type of equipment will enable work to be performed in close quarters. Also, by minimize the area to be disturbed during construction will greatly reduce the cost of restoration. The purchase of this equipment will be from a government sale contract #GS-30E-1015D, with an expiration data of 9-30- 2000. The total purchase price for this equipment is $5,675 and will be purchase from Melroe Government Sales. Funds have been budgeted in the Sewer Enterprise Capital Equipment Account and are available. Request approval for the Government Contract Purchase of a Babcat backhoe attachment with accessories from Melroe Government Sales in the amount of $5, 675 and waving bidding requirement. Attachments: Price Quotation Material Requisition 12.0!'97 WED 11;54 FAX 1 701 250 7860 HELROE : ATL G017T �Uf11 M LROE DOVE;(NM'ZNT SALES F.O. Box 6019 Crystal Stram 7argc, ND 58108 (-701) 241-8719 ('01) 240-;BEC Quote Data: 12/03 _a97 PRICE Q':OTATION Good U^til: 01/0211',9` = , GC668.01 _ ,_cote Ta: City of Cape eanaveral ATTS! waiter Cape Car_a7eral, -L 40`7--864-}241 407-799-4380 Cescr pti.en Price Extended Qty. ?art No. — — 4,866.00 4,866.00 1 6s3775p 607 BACKHOF- 29C -Cu ?9C.:lo 1 6539707 BACKHOE MOUNTING KIT 246.0C 216-00 C537150 12" -RENCNING BUCk"E: 273.00 2'1'4.00 653713916" 7gF,,NT(7 TNG BUCKET for 48 contigucos St�te:; & Weah-r-,gton, DC'. *Ue'_i-Terv: 45 days or less ARC) *Terms: Net 30 *Remi tc: Melroe Company, PC Box 910634, File #10,964, 7ailas, TX 7539.1-0634. 5, E73.0.0 To:al rackoge 0.00 Charges n D1-sc01-171+5 O.nO Total Trade(s) O.00 Taxes . . :,rand Total . Order Accepted By: MELROE GOVERNMENT SALE6 CiL'y oL are Canevera= g. Award to Other than Low Bidder. When the award is not made to the lowest bidder, a full and complete statement of the reasons for placing the contract elsewhere shall be prepared by the City and filed with other documents relating to the invitation for bids Or request for proposals. h. Tie Bids. If all bids or proposals received are for the same total amount or unit price, quality and services being equal, the contract shall be awarded to any bidder with a place of business within the City. Where tie bids are received from more than one (1) bidder with a place of business within the City or where all tie bidders do not have a place of business within the City, the City shall award the contract to one (1) of the tie bidders by drawing lots in public. L Performance Bond. The City shall have the authority to require a performance bond before entering into any contract in such amount as the City shall find reasonably necessary to protect its interest. 3 1 9.5 Types of Purchases and Contracts Exempt From Competitive Biddin�_ a. The securing of professional services and consultants are to be in accordance with Florida Statutes, Section 287.055, "Consultants Competitive Negotiations Act" and Florida Statutes, Section 287.057, "Procurement of Commodities of Contractual Services". { 9.6 Cooperative Purchasing. The City may procure, without compliance with the competitive purchasing procedures of this manual, supplies, services and construction under the terms of contracts entered into, by or through other governmental agencies as follows: a. The United States Government General Services Administration (GSA), or other ( such federal contract; b. State Department of Purchasing and Procurement; C. Brevard County; t d. Multi-County cooperatives; or e• Cooperative purchasing agreements as designated by the City Gouncil. The City Manager shall approve any purchase from the above described agencies which exceeds $500.00, but does not exceed $5,000.00. The City Council shall approve any ' such purchase which exceeds $5,000.00. 12 ,t 1 1 1 I 1 1 1 1 1 1 ! e , BACKHOES 1 �1 •1 f Turn your Bobcat Loader into a powerful ' excavator with a full line of backhoe models for all sizes of Bobcat Loaders. Here's a part-time attachment that can handle full-time excavation jobs. Maximum digging .5 depths range from 5 to 11 feet. Rear stabilizers are available for certain loader 'F F models. See the options column elsewhere in this sheets— i `� 4W s f Meeting YPe� S T Regular g Meeting Date: 12-16-97 Rte , AGENDA Heading Resolµtions cm of CAPE CANAVERAL Item S No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION-NO. 97-44, RENEWAL OF LEGAL SERVICE CONTRACT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the renewal of the legal services contract with Amari, Theriac & Eisenmenger, P.A. Summary Explanation& Background: The hourly rates are$70.00 and $90.00 for litigation. Please advise. - Exhibits Attached: Resolution No. 97-44; Legal Services Contract City Manage Office Department LEGISLATIVE council/meeting/19 - #- -44.doc RESOLUTION NO. 97-44 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE RENEWAL OF THE LEGAL SERVICES CONTRACT WITH THE LAW FIRM OF AMARI, THERIAC & EISENMENGER, P.A., BY AND THROUGH KOHN BENNETT AS A MEMBER OF THE FIRM, TO PROVIDE LEGAL SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The City Council, by passage of this Resolution, hereby authorizes the annual renewal of the Legal Services Contract with Amari, Theriac& Eisenmenger, P.A., for the provision of Legal Services to the City of Cape Canaveral, Florida; a copy of said Legal Services Contract is attached hereto and made part hereof by reference. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of December, 1997. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS Sandra O. Sims, CITY CLERK TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS APPROVED AS TO FORM: JOY SALAMONE Kohn Bennett, CITY ATTORNEY LEGAL SERVICES CONTRACT THIS AGREEMENT, dated this -�tiday of December, 1994, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation, hereinafter referred to as "City", and the law firm of AMARI, THERIAC & EISENMENGER, P.A. ("Firm"), by and through KOHN BENNETT, as a member of the Firm, hereinafter referred to as "City Attorney". 1 1. EMPLOYMENT. The City hereby employs the Firm and designates Kohn Bennett, Esquire to provide legal services to the City from December 7 1994, until December low , 1995, as City Attorney. 2. DEPUTY ATTORNEY. The City Attorney, upon approval and consent of the City Council, may designate one or more Deputy City Attorneys to assist in the performance of the duties hereinafter specified. 3. PERFORMANCE OF CONTRACT. The City Attorney shall attend all meetings of the City Council; all Code Enforcement Board meetings; all Planning and Zoning Board meetings; all Zoning Board of Adjustment meetings and Construction Board of Adjustment meetings; or other City Board meetings as may be requested by the City Manager; confer with the City Manager and designated staff as needed; draft and review all ordinances and resolutions as well as all revisions of ordinances; review all contracts; be consulted or apprised as to labor relations and contractual matters arising from same; and consult with respect to all insurance matters. Communications between the City and the City Attorney shall be conducted through the City Manager. City Council members may consult with the City Attorney as needed. Citizens of the City are not authorized to contact the City Attorney regarding City business at any time. The City shall be the priority client of the City Attorney, and the City Attorney shall give City business and problems priority over non-City matters. It is expressly understood that the City Attorney shall avoid potential conflict of interest situations between the City and other clients, and otherwise comply with the standards set forth for city attorneys in Chapter 112, Florida Statutes. N 4. COMPENSATION. All services performed by the City Attorney on behalf of the City shall be compensated at an hourly rate as follows: (a) Litigation activities, which shall be approved of in advance by the City Council, shall be compensated at an hourly rate of $90.00 per hour, and (b) All other services performed shall be compensated at $70.00 per hour. The City Attorney shall provide detailed billing on the first of each month, .and payment shall be made within ten (10) days thereafter. The City Attorney and the Firm shall bill only time spent on City related matters and will not bill the City for travel time or simple local telephone calls (non-research or opinion related calls) to City officials. The City may subcontract other specialties of law if the City.Council so directs if the Firm does not specialize in a certain area of law, or if the Firm has a conflict of interest in a particular matter. With respect to litigation, once the amount of$2,500.00 in attorney fees has been expended in any one case, the City Attoney shall consult in closed session, per Florida Statute, with the City Manager and City Council as to whether or not the City shall continue litigation 2 or settle the case. Prior to that time, the City Manager will be apprised of all activity in each particular case and with the advice and consent of the City Council will review all actions to be undertaken by the City Attorney on litigation cases. The City Attorney will provide the City Council with quarterly written reports on the status of all litigation. 5. BILLING. All detailed billing shall be completed on the first of each month, and the City shall promptly process each bill within ten (10) calendar days. 6. COSTS. All costs incurred by the City Attorney on behalf of the City, such as filing fees, deposition fees, long distance telephone charges, and other out-of-pocket expenses shall be the responsibility of the City. 7. MODIFICATIONS. This Agreement shall be subject to modification at any time upon written mutual consent of the parties thereto. 8. SEMINARS. The City Attorney agrees to provide, during the term of this Contract, two (2) seminars to employees of the City at no additional consideration. 9. TERMS OF AGREEMENT. This Agreement is renewable on an annual basis on the anniversary date of this Agreement. The Agreement may be terminated upon thirty (30) days' notice by either party. 10. HOLD HARMLESS CLAUSE. The City, City Attorney, and the Firm each indemnify and hold each other harmless from any and all manner of action and actions, cause and causes of actions, suits, trespasses, judgments, executions, claims and demands and losses 3 and damages, costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers or agents of each other, whether occurring before or after the City, City Attorney, and the Firm assumed the obligations of this Agreement. ATTEST: CITY OF CAPE CANAVERAL,FLORIDA ' By: aith G. Miller, CITY CLERK 0,'/John K. Porter, MAYOR FIRM: AMARI, THERIAC & EISENMENGER, WITNESSES: P.A. By: _yam WITNESSES: ATTORNEY: KOHN BENNETT, City Attorney 4 Meeting YPe� Regular T Re EF �� `1 Meeting Date: 12-16-97 *r AGENDA y Heading Resolutions CITY OF CAPE CANAVERAL item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 97-45, REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS &APPEALS DEPT./DIVISION: BUILDING DEPARTMENT Requested Action: That the City Council consider the reappointment of regular members Walter Bowman and David Kalem. Summary Explanation& Background: N/A Exhibits Attached: Resolution No. 97-45 City M ars Office Department BUILDING DEPARTMENT ouncil/meeting/1 -1 - 7-45.doc RESOLUTION NO. 97-45 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida,to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,Florida, as follows: SECTION 1. Walter Bowman is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida,with a term to expire on December 15, 1998. SECTION 2. David Kalm is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral,Florida, with a term to expire on December 15, 1998. SECTION 3. This Resolution shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Resolution No. 97-45 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral,Florida, this I e day of Dqgember, 1997. Rocky Randels,MAYOR ATTEST: FOR AGAINST BURT BRUNS Sandra O. Sims, CITY CLERK TONY BERNANDEZ BUZZ PETSOS ROCKY RANDELS APPROVED AS TO FORM: JOY SALAMONE Kohn Bennett, CITY ATTORNEY E Meeting Type: Regular S, Meeting Date: 12-16-97 AGENDA -tet fe , Heading Discussion CRY OF CAPE CANAVERAL Its P No. AGENDA REPORT CITE' COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: C-2 ZONING DISTRICT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council review and comment on this proposed zoning district. (1) Whether or not to proceed with the comprehensive plan amendment and hold the transmittal hearing in January. (2) Incorporate this into the EAR based comprehensive plan amendments. Summary Explanation& Background: City Planner Todd Peetz will present the LPA's recommendation for this comprehensive plan amendment. Please advise. Exhibits Attached: Comprehensive Plan CPA 98-A Data Analysis/Ordinance No. 11-97 Cit Ma>�er's Office Department P&Z/GROWTH MGMT. g:/ council/meeting/ 76- c-2.doc CITY OF CAPE CANAVERAL PROPOSED PLAN AMENDMENT CPA98-A Applicant: City of Cape Canaveral Location: Area 1: Range: 37 Township: 24 Section: 15 Area 2: Range: 37 Township: 24 Section: 14 Area 3: Range: 37 Township: 24 Section: 22, 23 Acreage: Area 1: 54.15 Acres Area 2: 85.45 Acres Area 3: 29.44 Acres Current Future Land Use: Industrial M-1 Proposed Future Land Use: Duplex/Multi-Family R-3 Commercial/Manufacturing C-2 Current Zoning: M-1 Light Industrial & Research Development District Proposed Zoning: R-3 Duplex/Multi-Family C-2 Commercial/Manufacturing District Description of Amendment Area: The subject Areas 1 and 3 are mostly developed. Area 2 is mostly undeveloped, there is a 20 acre fuel tank storage farm in the subject area. Proposed Amendment CPA 98-A December 16, 1997 Page 1 Subject Area 1 is located immediately east of State Route Al A. It is situated between existing light industrial (north), existing commercial (east, south, west, and northwest), and existing medium density residential (east). The Future Land Use and Zoning designations portray a similar pattern of existing land uses. There is "M-1" (Light Industrial a maximum of 4.356 lots per acre), to the north. There is"C-1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the east, south, west, and northwest. There is "R-2" (Medium Density Residential a maximum of 15 dwelling units per acre), to the south. Subject Area 1 is 54.15 acres and is being proposed for"C-2" commercial/manufacturing use. Subject Area 2 is located immediately east of North Atlantic Boulevard and south of the Canaveral Port Authority, west of the Ridgewood Drive extension and north of Villages of Sea Port Condominiums. There is an existing fuel tank farm on a portion of the subject area, approximately 20 acres. The remainder of the subject area is presently vacant. The Canaveral Port Authority is north of the subject property. The Canaveral Port Authority is a special independent district that has commercial and industrial warehousing operations occurring on-site associated with port related activities. There is "R-3" (Duplex/Multi-Family a maximum of 15 dwelling units per acre), to the east. There is "R-2" (Medium Density Residential a maximum of 15 dwelling units per acre),to the south and west. Subject Area 2 is 85.45 acres and is being proposed for "R-3" Duplex/Multi-family use. The proposed change to R-3 Duplex/Multi-family is to provide for a long range opportunity'of residential land use. Subject Area') is located immediately west of State Route AIA and east of the Banana River. Itis situated between existing commercial to the north,east and south,and multi-family to the north. The Future Land Use and Zoning designations portray a similar pattern as the existing uses. There is"C- 1" (Commercial: zoning regulations impose a variety of requirements, depending upon type of use), to the north, east and south. There is"R-3" (Duplex/Multi-Family: a maximum of 15 dwelling units per acre), to the north. Subject Area 3 is 29.44 acres and is being proposed for"C-2" commercial/manufacturing use. Public Services and Facilities in Amendment Area: The proposed uses for subject Areas 1, 2 and 3 is less intensive than the existing designations. Therefore, it is not anticipated that the proposed use for each area will increase the need for greater availability of and increased demand on public services and facilities in the amendment area. Roads Subject Areas 1 and 3 are located on State Route AIA which is a four-lane divided State Principal Arterial. State Road AIA at Subject Area I is operating at Level of Service (LOS) "B"with 1,613 peak hour trips. The maximum peak hour volume acceptable is 2,000 representing an LOS of"E". State Road. State Road AIA at Subject Area 3 is operating at LOS "C" with 1,858 peak hour trips. Proposed Amendment CPA 98-A December 16, 1997 Page 2 The maximum peak hour volume acceptable is 2,940 representing an LOS of"E". Subject Area 2 is located on North Atlantic Avenue. North Atlantic Avenue is a two-lane undivided collector. North Atlantic Avenue is operating at LOS "C"with 447 peak hour trips. The maximum peak hour volume acceptable is 800 representing an LOS of"E". The proposed land use change in subject Area 2, if developed to the maximum residential potential would be 1,282 dwelling units. This change could generate approximately 1,100 peak hour trips. To maintain the current LOS the maximum development of the subject parcel would need to be limited to 665 dwelling units without transportation related improvements. A traffic deficiency could occur if improvements are not made before or concurrent with proposed development. It should be noted that there are no submitted or even proposed residential development plans, at this time. Also that 20 acres is currently being utilized as a tank farm and generates minimal traffic currently. The continued implementation of concurrency management will ensure that-development from occurring prior to facility and service improvements being in place concurrent with development. Subject Areas 1 and 3 allow for similar uses as the M-1 designated and would not generate additional trips. Waste Water Facilities The City of Cape Canaveral provides waste water treatment. The waste water treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.1 MGD with an excess capacity of 0.7 MGD. It is not anticipated that the proposed change in subject Areas 1 and 3 will have an increased demand on waste water facilities due to the proposed use being less intensive than the existing use. The LOS is 118 gallons per day per capita and would equal .276 MGD with .424 MGD of available capacity. This assumes subject Area 2 were to build out the maximum number of potential dwelling units (1,282) with 1.825 person per household, a population of 2,340 persons. This assumes maximum buildout with no improvements to the current facilities. Potable Water Supply The City of Cocoa provides the City of Cape Canaveral with potable water services. The City of Cocoa has a capacity of 56.0 MGD and currently provides 46.5 MGD. Approximately 9.5 MGD of potable water is available. No change to the existing LOS is expected in Areas 1 and 3, because no increased demand is anticipated with the proposed less intensive use. However, in subject Area 2, with the maximum number of potential dwelling units being 1,282 units, with the LOS being 264 gallons per day per unit would equate to .338 MGD or leave an excess capacity of more than 9.172 MGD capacity. Solid Waste Facilities Brevard County provides facilities for solid waste disposal. At this time,the County does not foresee any deficiency with their solid waste facilities. No increased demand is expected to be generated by the subject areas due to their proposed use being less intensive in nature than the existing Proposed Amendment CPA 98-A December 16, 1997 Page 3 designation. Recreation Facilities The City's current LOS for parks and recreation is one (1) acre of park land per 1,000 residents. Approximately fourteen(14) acres of park land exist with 8,492 residents in Cape Canaveral. This equates to 1.65 acres of park land per 1,000 residents. The proposed land use for the subject areas is not anticipated to place any increased demands on the need for additional parks and recreation facilities. With potentially 2,340 additional persons, the parks LOS would still be acceptable but reduced to approximately 1.3 acres per 1,000 persons. Environmental Description of Amendment Area: Subject Areas 1 and 3 are developed. Subject Area 2 is largely undeveloped. There are no wetlands, floodplains, aquifer recharge soils or environmental conditions associated with the subject parcel. The Brevard County Soil Survey Map has categorized subject Area 1 as "Ur" - Urban Land, and "Ca" - Canaveral. Subject Area 2 has been categorized as "Ur" - Urban Land on the area encompassed by the tank farm property and "Pb" - Palm Beach, for the remainder of the area. Subject Area 3 has been categorized as "Ur" - Urban Land. The Ca, Ur and Pb designations are characterized as not having any flood hazard and not possessing wetlands. The subject areas comprise 149.11 acres and possess no known endangered species identified on site or in the area adjacent to the subject areas. Historical and Archaeological Resources in Amendment Area: No known historic or archeological sites are located in the subject areas nor in the areas surrounding the subject areas. No historic housing units exist on the Florida Department of State Master Site File, National Register of Historic Places or are designated as historically-significant by or in accordance with a local ordinance. The archaeological sites which do exist within the City are very small sites, and are included in the residential categories near the Banana River - therefore not applicable to the subject areas. According to the Florida Department of State, Bureau of Historic Preservation, Office of the Coordinator of the Master Site File, there are 7 archaeological sites located within the City (State File#8BR 90-96). These sites are all of Indian origin(three were burial mounds that have been dug; three were sand mounds that were not dug; and, one is a Carter shell-midden that also has not been dug). These sites are all in the southwest portion of the City, and development may have already overcome at least three, and perhaps, all of them. Population Projections and Trends: With the exception of subject Area 2, the proposed amendment is characterized by changing the existing non-residential designation to a less intensive non-residential use. However, subject Area 2 has a potential population growth of 2,340 persons. The projected number of persons associated with development combined with the existing City population would total a population of approximately 10,000 persons. The adopted comprehensive plan has projected that the population in the year 2005 could be 10,500. This amendment would be consistent with those projections. It should be noted that there are no development proposals formulated at this time for subject Area 2. Proposed Amendment CPA 98-A December 16, 1997 Page 4 Consistency with the Comprehensive Plan: Future Land Use Man Designate subject Areas 1, and 3, as indicated, as "C-2" - Commercial/Manufacturing. Designate subject Area 2, as indicated, as "R-3" Duplex/Multi-Family. Internal Consistency of the Plan The following include the proposed changes to the Comprehensive Plan to ensure internal consistency within the Plan regarding the proposed "C-2" Future Land Use Map designation. The proposed land use designation"C-2" would provide for less intensive uses on the parcels within the subject areas thus limiting the more intensive commercial and industrial uses allowed under the existing "M-1" designation. The majority of parcels within the subject areas are developed. The proposed designation would maintain the character of these areas by limiting the intensity of the use. In addition, the proposed designation would ensure that new development on undeveloped parcels is consistent with existing development both in use and intensity. Table 9-1 (Existing Land Use Acreage) Change the entire table to reflect the most recent conditions and add the "C-2" - commercial/manufacturing category. Future Land Use Element Text On page 9-3, change the third paragraph, last sentence as follows. "Commercial/Manufacturing and dight industrial activity is are also located on S.R.-AIA in the central and northern part of the City." On page 9-18, insert a new paragraph after the third existing paragraph and reorder numbering of paragraphs. These changes are outlined as follows. 3. Commercial. This category includes retail service and commercial uses, as well as those uses conducted from offices such as doctors and attorneys. 4. Commercial/Manufacturing. This category includes low density commercial and light industrial uses located adjacent to commercial or manufacturing uses and convenient to major residential areas. 4-. 5. Industrial. This classification includes light-industrial uses of the type suitable to a bedroom community such as Cape Canaveral, as well as heavier industrial uses in the Proposed Amendment CPA 98-A December 16, 1997 Page 5 northern portion of the City. The land in this classification has already been almost completely developed, and it is not expected to change appreciably. S.r. 6. Public and Semi-Public. This classification contains such uses as schools, churches, governmental buildings and facilities, etc. As the population of the City is not expected to increase tremendously, it would seem that the existing facilities will be adequate. 6-. 7. Recreation. This classification includes both public and private recreational facilities within the city limits. As was shown in the Recreation and Open Space Element, there is no immediate need for additional public recreational and open space land. 8. Planned Unit Development. This designation will be permissible in any land use classification shown on the Future Land Use Map, so long as such PUD is approved in conformance with the City's PUD Ordinance, which is in the process of being developed. This PUD designation will not require an amendment to the Land Use Plan. (See Policy LU- Future Land Use Element Policy L U-3.3 Change the policy to read as follows. "Future Land Use Element Policy LU-3.3: The City shall enforce its requirements pertaining to densities and intensities of land use in each land-use category --i.e. *R-1, Low Density Residential: maximum 5.808 lots/acre. *R-2, Medium Density Residential: maximum 15 units/acre. *R-3, Duplex/Multi-Family: maximum 15 units/acre. *M-1, Light Industrial: maximum 4.356 lots/acre. *C-1, Commercial: zoning regulations impose a variety of requirements, depending upon type of use. *C-2. Commercial/Manufacturing: zoning regulations impose a variety of requirements depending upon the type of use." Proposed Amendment CPA 98-A December 16, 1997 Page 6 00988.04 YI R2 R3 PUB R2 Cl YI R1 Rl Cl Cl R1 R+ Cl 2 RJ �® Cl Al 2 RI Cl RI RI R2 R2 R] Cl Cl R2 R2 R3 R2 PUB RJ C1 R2 PUB Cl PUB R] C1 R2 R2 R] R3 Cl Cl C1 Cl Cl R2 R2 R2 RZ R3 R R3 R1 Cl PUB PUB C C1 R2 R2 R2 R2 R3 R3 PUB RI R] 1 C1 NEE R2 112 R2 R2 RJ RJ C1 R2 R2 R2 R2 R3 R3 CI R1 PUB RS R] C+ R2 R2 RJ RJ Cl C1 R2 R2 R2 R3 C1 - R2 R2 R3 3 PUB PUB R2 R2 R3 PUB R2R2 R2 RS C1 R2q2 R3 RJ C1 R7 R2 fl3 CI R2 R3 R3 R3 C1 R2 R2 R] R CI R2 J PROPOSED RS oao� FUTURE LAND USE r �� Cl COMMERCIAL �� C2 COMMERCIAL/MANUFACTURING Cl M 1 INDUSTRIAL �O R1 RESIDENTIAL Rl R2 RESIDENTIAL 0� R3 RESIDENTIAL Cl �Q PUB PUBLIC/RECREATION AREA RI Q R3 R2 J_l 8 a N � c SCALE: 0 500 1000 crtra � 11� CAK CARAVEAAI CITY OF CAPE CANAVERAL LIvey, Harris LA Walls, Inc. LOCAL COMPREHENSIVE PLAN PLAIIFSiB•ewo.Earo.wacAPeAAp.MM FUTURE LAND USE MAP .toe NO. 988.04 DATE: 11-13-92 Table 9-1 EXISTING LAND USE ACREAGES, OCTOBER, 1996 Cape Canaveral, Florida Percent of Number of Percent of Developed Land Use Classification Acres Total City Acres Residential 508.10 0.36 0.55 Commercial 79.78 0.06 0.09 Commercial/Manufacturing 74.55 0.05 0.08 Industrial 28.80 0.02 0.03 Public Facilities" 59.10 0.04 0.06 Institutional 8.03 0.01 0.01 Street. Highways and Drainage 173.05 0.12 0.19 Total Developed Acres 931.41 0.66 100.00 Vacant Land Residential 297.42 0.21 R_1 6.75 0.00 R_2 31.48 0.02 R_3 259.20 0.18 Commercial 116.92 0.08 Commercial/Manufacturing 9.04 0.01 Industrial 57.09 0.04 Total Vacant Acres 480.47 0.34 TOTAL ACRES 1,411.88 100.00 Source: Ivey.Harris&Walls.Inc 1997 ORDINANCE NO. 11-97 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 110, Zoning, Article VII, Districts, is hereby amended by the addition of a new Division 8, C-2 Commercial/Manufacturing District, under Sections 110- 380 through 110-389, inclusive, as follows: Section 110-380 Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix -of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shall be considered in the fire district, as per the definition in Section 110-1 and shall be built in conformance with the rules and regulations of fire districts. City of Cape Canaveral Ordinance No. 11-97 Page 2 3. Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and similar uses. 4. Eating establishments, bakeries and delicatessens. 5. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 6. Banks and financial institutions. 7. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 8. Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump islands. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. C. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with Section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of Section 110-566, shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 11-97 Page 3 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials and restroom facilities. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. L Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or uses, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. G:\CityClk\Ordinances\ZONING\C2ZONE.doe City of Cape Canaveral Ordinance No. 11-97 Page 4 M. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to Section 110-566. q. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. 8. Places in which goods are produced and sold at retail upon the premises. 9. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 10. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Applicant must meet requirements of Section 110-171. Also see Section 110-332. 11. Dry cleaning establishments using non-flammable solvents and cleaning fluids as determined by the fire chief. 12. Retail stores using outside display areas, provided the following are met: a. The areas of outside display shall not exceed in size one-third of the enclosed area of the principal structure. 13. Manufacturing of: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 11-97 Page 5 C. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork-operated devices and parts. f. Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties, buttons and notions. M. Other similar uses. 14. Motor vehicle repair shops, provided that repairs and materials are within enclosed building. Section 110-382 Accessory Uses and Structures. In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial manufacturing character of the district, are permitted. G:\CityClk\Ordinanccs%ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 11-97 Page 6 Section 110-383 Special Exceptions Permissible by the Board of Adjustment. (a) In the C-2 commercial/manufacturing district, after public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The Board of Adjustment may adjust setbacks and provisions noted in Article IX of this Chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in Division 5 of this Article for the C-1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. G:\CiryClk\Ordinances%ZONINGIC2ZONE.doe City of Cape Canaveral Ordinance No. 11-97 Page 7 C. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 7. Commercial establishments for the storage of parking recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. C. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition, so as to ensure obstruction from view. 8. Public utility equipment: uses and rights-of-way essential to serve the neighborhood in which it is located. 9. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of Section 10-86, et seq. 10. Carwashes, including polishing and sale of related materials. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 11-97 Page 8 Section 110-384 Prohibited Uses and Structures. In the C-2 commercial/manufacturing district, the following uses and structures are prohibited: 1. All uses not specifically or provisionally permitted in this division. 2. Any use which fails to meet performance standards specifications as provided in Section 110-466. 3. Bottle clubs. 4. Crematoriums (animal or human). Section 110-385 Area and Dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 11-97 Page 9 6. Maximum height shall be 45 feet. Section 110-386 Minimum Setbacks. In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as follows: 1. Front, 25 feet. a. (See subsection (b) of this Section.) 2. Side (interior lot line), 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet. 3. Side (corner lot line), 25 feet. 4. Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110-356 for special setbacks.) Section 110-387 Landscaping, Screening and Parking. In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as provided in Article IX of this Chapter. Section 110-388 Performance Standards. In the C-2 commercial/manufacturing district, performance standards shall be as provided in Section 110-466, et seq. Section 110-389 Parking and Loading. In the C-2 commercial/manufacturing district, off-street parking shall be as provided in Section 110-491, et seq., and off-street loading shall be as provided G:\CityClk\Ordinances\ZONING\C2ZONE.doc City of Cape Canaveral Ordinance No. 11-97 Page 10 in Section 110-506, et seq. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1997. Rocky Ranels, MAYOR ATTEST: FOR AGAINST Burt Brum Tony Hernandez Sandra O. Sims, CITY CLERK Buzz Petsos Rocky Randels APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: (LPA) (Council)) Public Hearings: LPA Council G:\CityClk\Ordinances\ZONING\C2ZONE.doc E..,ANr Meeting Type: Regular S Meeting Date: 12-16-97 � AGENDA '- L H1°g Disc scion Cm OF CAPE CANAVERAL Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BALL PARK CONCEPT DEPT./DIVISION: RECREATION Requested Action: Councilmember Hernandez will be making a presentation on a proposed project to redevelop the ball field park area. Summary Explanation&Background: See attached concept photographs Please advise. - Exhibits Attached: Photographs City Maker's Office Department RECREATION Ca ncil/meeting/ -(6-9. allpark.doc �rl wa�"�•�{•�•"?'I4'ryJ 4�yy!YY_6L�1 r� •7w _� �a`•�^ a ��.� !� ...t:� �a, �� t r ,`'td�!'4`!4`v.,`J. 1qi :� _'�'`? �{'�r a°�F •` ��r�fjG! ��� � �_ _ SICA 21 It ' •+�.�,fj, i .ds A,t: •�+It``i�•may a~ .�y4f�.r -L, ` '�■�ip.. 1 Imo.. �' �at..•� g. {'�•t; • il ■ 4 {� ,� ��Y.4'�-. ( ,`� � •ria- -�.•.�.�_.. 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'i_ r �'�j y.:.;,— �✓�1r7' Ogg j•..1 I rY 1�C;►a v E acts..'y�t0,7m It 1W n p4 all- _ �`P ���t i �d�' '��" r .t! .' �� •ya,;,:t�-<•�;4: !Ila' ��� r.'C .olC '�' "y.• �' �'.. n^ Jr ,/@ cIWO. I , Y r. :?•1 r � J f �� ��=Its h - - ��' ';'►, :f dt _ice-ter-• �,,,i _ <T.f"j2 a,` t,. •r � �' �;,�.►. j-c.-r <, �_-�• v,Vie: �: t. ♦ f .� �t - e,fr 'f ��• �a y - ♦ _ a C7son st e iT a a �trX.»: i�' �j L1.'�.�!•O'_ �,..,� ••7 diyi � �. l`�aF'3 w D't"c:Cr�:CY�.►"�A,'�ira9r�c'��1�Q:G�Qii�_1c1:E��i�i'�t�C'�Q'��.i`i+�r=.�TIrLIb:S:'I►�.r::.� Meeting Type: Regular Meeting Date: 12-16-97 AGENDA Heading Discussion Item Please advise. No. N/A AGENDA REPORT CM COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: REVIEW OF THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: CITY COUNCIL/LEGISLATIVE Requested Action: City Council Member Burt Bruns requested that there be a review of this board's progress. Summary Explanation & Background: This board has been in operation for a year and there are currently (3) active members. Please advise. Exhibits Attached: N/A City Office .. -= -� Department LEGISLATIVE ! / ouncillmeeting /cab.doc (Hello from Florida) DIS IBUTION Mayor City Council City.qr. ✓ City A ty. Pub. Works Dir. i Building Oft. Finance Dii. i IMA vsr�rs �i i a ?J7 -�7 zvc� o C'_Jc.a-- MEMORANDUM DATE: DECEMBER 11, 1997 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL ALL CITY EMPLOYEES FROM: BENNETT C. BOUCHE�,% CITY MANAGER SUBJECT: CITY MANAGER'S REPORT The following is a brief update of city activities: • Staff is working on an ordinance to amend the dumpster screening requirements, adding USA Waste specifications and required front gates; scheduled for 01-06-98 council meeting. • Staff is working on an ordinance amending Section 110-567 (DBH) of trees required for new development. The Beautification Board recommended 2" and 4" DBH trees; the P&Z board is working on this issue. • Port sewer impact fee amendment — staff is still waiting for the port authority staff to offer up amendment language. The port wants a cut-off date that the city no longer collects impact fees and a refund of fees paid since 1994. • The city clerk's office is gathering information to update the wage and salary plan. Staff decided not to utilize data from the League of Cities. The job descriptions are complete. • The public works director advertised notice of bids for the annex re -roof and the mowing of the public works facility and drainage ditch. • Staff is reviewing Code Section 78-177( c ), 100 ft. connection requirement for reuse. Received comments from the public works director; waiting on city attorney comments. • The Citizens Observer Program was given an old 386 computer to utilize for typing reports and minutes. • Staff is working with Hartman & Associates on the reuse phase II bid package. Gary Revoir will beat the 01-06-98 meeting to review the project area and to discuss the variable frequency controls for the WWTP pumps. If you have any questions or comments, please contact me anytime.