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Packet 03-04-2003
A{�4 XCE A�� y Y City of Cape Canaveral ;T,e?* r carr of CAPE CANAVERAL `# CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 4, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEWS: Dennis R. Jenkins, Planning &Zoning Board PRESENTATION: Reclaimed Water Distribution System Improvements Study, Brown & Caldwell. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 18, 2003. 2. Resolution No. 2003-08; Appointing an Alternate Member to the Business and Cultural Development Board. (Bill Leach). 3. Proclamation for Irish-American Heritage Month. CONSIDERATIONS: 4. Design Proposal from Stottler Stagg &Associates for the North Ridgewood Avenue Stormwater Detention Basin. 5. Renewal of the Landscaping and Mowing Service Agreement with Nick's Landscaping. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 FAX(321) 799-3170 • wwwfcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com -City of Cape Canaveral, Florida City Council Regular Meeting March 4,2003 Page 2 6. Proposal from J & S Curb/ Concrete for SR Al A Sidewalk and Drainage Improvements. 7. Development Agreement with the Seaport Oceanfront Condominium Association, Inc., for a Perpetual Public Beach Access Easement. ORDINANCES: Second Public Hearing: 8_ Motion to Adopt: Ordinance No. 02-2003; Amending Code Sections 110-334 & 110-383; Adopting a New Section 110-556; Providing for Supplementary Regulations for Vehicle Rental Facilities within the C-1 and C-2 Zoning Districts. 9. Motion to Adopt Ordinance No. 07-2003; Amending Sections 22-37, 22-43 and 22-44 of the City of Cape Canaveral Code Relating to the Community Appearance Board. ORDINANCES: First Public Hearing: 10. Motion to Adopt: Ordinance No. 08-2003; Providing for the Advance of Funds to Construct Required Sidewalks and impose a Sidewalk Impact Fee, for second reading. DISCUSSION: 11, Florida Department of Environmental Protection, Stormwater Permit Application. REPORTS 1. City Manager 2. Staff 3. City Council ADJOURNMENT: Pursuant to s"on 2so.mos, F&w Statutes,the Crty 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 recant irides the testirnc ny and es+ridence upon which the app"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 riot otherwise Mowed by taw. Persons with disabilities needkV assis�to particoft in arty of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. Meeting Type: Regular Meeting Date 03-04-03 AGENDA Heading F Item CAPE cANAVEFM4 No AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INTERVIEW OF PROSPECTIVE BOARD MEMBER,DENNIS R. JENKINS DEPT.IDIVISION: PLANNING&ZONING Requested Action: City Council interview Mr. Denis R. Jenkins as a prospective alternate member of the Planning&Zoning Board. Summary Explanation& Background: Mr. Jenkins was interviewed on 02-12-03 by the Planning&Zoning Board and was recommended for appointment. Exhibits Attached: Memo from P&Z Chairperson dated 02-14-03 City Man Office Department PLANNING& ZONING \Iwycc uments meeting\2003\03-04-031p&zinterview.doc 1 LFrT M1y� 9 r ,,{ " City of Cape Canaveral sr CITY or CArI CAMAVERAL Date: February 14, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Interview of Prospective Board Member Dennis R. Jenkins ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting held on February 12, 2003 the Board members interviewed Mr. Jenkins and recommended that the City Council appoint Mr. Jenkins as an alternate member. This will allow him to gain experience and knowledge of the city zoning regulations, comprehensive plan; history of existing, new, future and ongoing projects (i.e. site plans, plats, special exceptions); and planning issues. Thank-you for your consideration. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com FROM : Specialty PreSS FAX NO. : 321-868-2591 Jars. 08 2003 06:33PM P1 CiTy Council]CiN Hsll I HOMO Pg City of Cape Canuvera] City Board%pplication Please Print and tccr ro Cher(Ve-e a:f3=1.)M5X-12)K* ApplicintTILIMC_ 1]ennis R leukins Hatme Address: 425 Pierce Avemw. Unif 403 - Cape Cammwra4 FL 32920 FI1351fiE35' USA at: Office Address- Brief Description of Education sad Fzperienec: s • Sc ►ac Ars you a registered voreY?Yes: X NO' Have you been a resident of the City for 12 mombs cr longer'?Yes: Do you alrrmly hold a public ofFiicc?Ycs iso: ),— Are Are you prestmay employed by the City2 Ycs: Nu: x At 4te prese<1c tine,do ykaj serve rnn a City Eoird?Yea:. . 730: x At the prsaatt Brut do any of the following n131i�ns of your serer on rite Gity Council:farTler,moilmr,son,daughter,brother,sister,uncle aunt,first cousin ntpbea+,niece,husband wife_pmdpzmnt.pmzdct@d.Esther-in-las.+,mother-in-la,som• in-law,daugh1eT-sn lsu,bntd,er.;n.law,cesta+•indgw,strpfuher,stern othe%t+tpson,strFdaup3�tcr,erepb-ther, stepsister.half brorhtr or half simt Yes No: At the presattt rime,do any of rhe following relatives of yaws nmve on any other Citybomcd a nmmission or sl+eeil l diatticc spouse,parcm,eli ild,grandparent or sibling of the m1hols Or half blood? Yes hits- Pleiad specify 4371 which City Baird you ire inwreated in serving:(lrtdieara Preference,l st,2nd,3rd,arc.) B.Lifitativa ,^13vaetl of Adj.=.t= Hy6�oCEs R 4a1tU��i �v/ Devclepmem Cuek Fir .s• C�.....,.��q at pca.r,v ^ LoT&InCD=Boars of najatnnent It Atg1:xlx' *Mem bm-s of rkase Boar&are required to complete Firnemrial Disclosure:Form upon appoinu»rr•A;w wid Bowd ravel prio+to July 15rh of eae3+yEr+rJallowixg the igiri[tl appoini while x4ft a mtadwr of said f ewrd Plcasz list what you favi are yaff qualifac%iu to saws w a member on S,ne VC the City's I owLr:: 44rvej�—_rev Cer -GoA- Six yt 8& . P4!cf}t_ Pt24LvLom SOW i iZ rs w Ho Lo e1J wcwta yn msdsat.r seeing"Another City Dowd odw Tban.ec o-W%)Yet Lave setwted ao+Lc five:of/pi:farm? Ycs: X No:_, Applicant's Sirs aauec _ Dare: a� nnylNu tlstp-fS.W)u�dles.r4fp.M�1 Meeting Type. Regular Meeting Date 03-04-03 r ;.q �. AGENDA Heading CITY OF Item CAPE CANAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: RECLAIMED WATER DISTRIBUTION SYSTEM IMPROVEMENTS STUDY DEPT./DIVISION: PUBLIC WORKS/WATER RECLAMATION Requested Action: Brown&Caldwell will present the Reclairned Water Distribution System Improvements Study. Summary Explanation& Background: The presentation will cover the following: • Existing Conditions • Future Conditions • Description of Alternatives Considered • Evaluation of Alternatives • Summary and Recommendations Appendices A G are available for review. Exhibits Attached: Study City Ma gCF ffice Department PUBLIC WORKS/WATER RECLAMATION ca t \myd cu n\council\meeting\2003\03-04-03\study.doc CAPE CANAVERAL -- WATER RECLAMATION FACILITY RECLAIMED WATER DISTRIBUTION SYSTEM IMPROVEMENTS STUDY FEBRUARY 2003 CAPE CANAVERAL WATER RECLAMATION FACILITY RECLAIMED WATER DISTRIBUTION SYSTEM IMPROVEMENTS STUDY FEBRUARY 2003 TABLE OF CONTENTS Section Page No. Title No. TABLE OF CONTENTS.......................................................i _ LIST OF TABLES .................................................................iii LISTOF FIGURES................................................................iv _ 1.0 INTRODUCTION GeneralOverview..................................................................1-1 Purpose...................................................................................1-1 Authorization.........................................................................1-1 2.0 EXISTING CONDITIONS ExistingSystem .....................................................................2-1 Reclaimed Water Usage.........................................................2-1 System Problems....................................................................2-2 Insufficient Storage Volume...........................................2-2 Insufficient Pumping Capacity.......................................2-3 Lack of Isolation Valves.................................................2-3 w Air Entrainment..............................................................2-3 Current Resource Management During Drought Conditions.2-3 Existing Drought Procedures.................... 3.0 FUTURE CONDITIONS Remaining System Expansion...............................................3-1 4.0 DESCRIPTION OF ALTERNATIVES CONSIDERED Overview................................................................................4-1 Provide Additional Storage Volume......................................4-1 Alternate Storage Methods.....................................................4-1 Provide Additional Pumping Capacity or Lower System Demands .................................................4-2 Develop Irrigation Demands...........................................4-2 Implement Conservation Measures.................................4-2 Renegotiate Interlocal Agreements.................................4-3 i CAPE CANAVERAL WATER RECLAMATION FACILITY RECLAIMED WATER DISTRIBUTION SYSTEM IMPROVEMENTS STUDY FEBRUARY 2003 TABLE OF CONTENTS (CONTINUED) _ Section Page No. Title No. _ 5.0 EVALUATION OF ALTERNATIVES ModelPreparation..................................................................5-1 Evaluation of Proposed Alternatives .....................................5-1 Provide Additional Storage Volume.............................5-1 Lower System Demand.................................................5-1 System Improvements...................................................5-2 6.0 SUMMARY AND RECOMMENDATIONS Summary................................................................................6-1 Recommendations..................................................................6-1 APPENDIX A INTERLOCAL AGREEMENT BETWEEN CITY OF CAPE CANAVERAL AND CITY OF COCOA BEACH—APRIL 1994 APPENDIX B CITY OF CAPE CANAVERAL—REUSE SERVICE CONNECTIONS APPENDIX C HYDRAULIC MODEL OUTPUT APPENDIX D SUPPORTING COST DATA APPENDIX E ARTICLE IV. RECLAIMED WATER. SEC. 78-176 THROUGH SEC. 78-200. APPENDIX F CITY OF CAPE CANAVERAL CONCURRENCY MANAGEMENT ANALYSIS —NEW CONSTRUCTION RESERVE—JUNE 5, 2002 — APPENDIX G OPERATING CURVES FOR EXISTING RECLAIMED WATER PUMPS -- ii CAPE CANAVERAL WATER RECLAMATION FACILITY RECLAIMED WATER DISTRIBUTIUOJN SYSTEM IMPROVEMENTS STUDY FEBRUARY 2003 LIST OF TABLES Table No. Title 2-1 Cape Canaveral Water Reclamation Facility Reclaimed Water System Design Criteria 3-1 System Expansion Evaluation 6-1 Matrix of Alternatives Considered 6-2 Program Phasing Costs — iii CAPE CANAVERAL WATER RECLAMATION FACILITY RECLAIMED WATER DISTRIBUTION SYSTEM IMPROVEMENTS STUDY FEBRUARY 2003 LIST OF FIGURES Figure No. Title 2-1 Cape Canaveral WRF Site Plan 2-2 City of Cape Canaveral Reclaimed Water High Service Pumps and Hydropneumatic Tank 2-3 City of Cape Canaveral 1.0 MG Reclaimed Water Storage Tank 2-4 City of Cocoa Beach North Reclaimed Water Storage Tank 2-5 Canaveral Port Authority Reclaimed Water Storage Tank 2-6 City of Cape Canaveral Reclaimed Water Useage During Dry Weather 2-7 Historical Average Monthly Flow of Effluent Discharge to Banana River 5-1 City of Cape Canaveral Reclaimed Water Resource Management During Dry Weather 5-2 Reclaimed Water Distribution System iv SECTION I INTRODUCTION General Overview During the 1996 upgrade of the original wastewater treatment facility, distribution of reclaimed _ water was mostly viewed as a means of disposing effluent from the wastewater treatment facility. Development of the system focused mainly on providing reclaimed water to several large users and to the City of Cocoa Beach. Since 1996,the distribution system has been expanded as required by FDEP to serve many other users including multi-family and single- family residential properties as well as commercial properties. Due to drought conditions over the past several years, reclaimed water is now viewed as resource with value rather than as a waste treatment byproduct. Purpose This study is intended to evaluate improvements that may be needed for the existing reclaimed water pumping and distribution system to meet current and future needs. The first step in evaluating the existing pumping and distribution system will be to develop a computerized hydraulic model for use as an analytical tool. Once the model is completed,the study will address the following: • Modifications needed to improve pumping efficiency Modifications needed to support additional system expansion -- • Operational and City Ordinance changes that may be available to optimize the management of the City's reclaimed water resource • Provide an opinion of probable cost for any recommended modifications Recommendations provided by this study will serve as a long-term planning tool for the future expansion of the reclaimed water pumping and distribution system. Authorization The City of Cape Canaveral authorized this study through the issuance of Purchase Order Number 2168. 1-1 Cape Canavera1122655—Rec.Water.Syst.Imp.Study\Report\Section l.doc SECTION 2 EXISTING CONDITIONS Existing System _ The existing reclaimed water pumping and distribution system was constructed in 1996 as part of the wastewater treatment facility upgrade to advanced wastewater treatment. The overall system consists of the effluent transfer pumping station, the reclaimed water storage tank, the reject water storage tank, the reclaimed water high service pump station and the hydropneumatic tank. The reclaimed water is pumped throughout the City of Cape Canaveral through a distribution system to meet irrigation demands. Water is also provided to Port Canaveral and the City of Cocoa Beach in accordance with interlocal agreements. A site plan of the treatment facility is provided on Figure 2-1 and photographs of the various components are shown on Figures 2-2, 2- 3, 2-4 and 2-5. The design basis for the reclaimed water system is presented in Table 2-1. Operation of the reclaimed water high service pumps is based on system pressure. The hydropneumatic tank,which has an air layer,provides pressurized storage so that the constant- speed pumps can operate without excessive cycling(motor starts and stops). Pumps are started and stopped in sequence based on pressure until system demand is met. — Reclaimed Water Usage Figure 2-6 shows the basic allocation of reclaimed water within the City of Cape Canaveral. The allocation is based on average daily demands. Reclaimed water within the City of Cape Canaveral is used primarily for irrigation purposes. Based on plant records, over 70% of the City's effluent is beneficially reused for irrigation and other non-potable uses on an annual basis. The City of Cape Canaveral has an interlocal agreement to provide 650,000 gallons of reclaimed water on an average daily basis. This agreement was amended in February 1996 to this amount from 750,000 gallons. Since the influent flow rate to the plant rarely exceeds 1.3 MGD, fifty percent or more of the reclaimed water could be provided to Cocoa Beach. A copy of the interlocal agreement is provided as Appendix A. The agreement will expire on December 31, 2016. The City of Cape Canaveral has also entered into a temporary agreement to provide Port Canaveral up to 60,000 gpd as availability dictates. A copy of this agreement is also included as Appendix A. Although the City has made great strides in the beneficial reuse of reclaimed water, reclaimed water must still be discharged to the Banana River during periods of normal to heavy rainfall. _ Figure 2-7 shows the monthly average amount of effluent discharged to the Banana River since 1997. 2-1 Cape Canaveral122655—Rec.Water.Syst.Imp.Study\Report\Section 2.doc — N d Ln a s.w w DD w Y y Cl Lam' LL E � / d t r U M 4CL s U E ! j 4 r in 49 . i ! l P � a•1 V 3v i t13 nt ' Figure 2-2. City of Cape Canaveral—Reclaimed Water High Service Distribution Pumps and HvdrODneumatic Tank Figure 2-3. City of Cape Canaveral—1.0 MG Reclaimed Water Storage Tank � \\ Ugure2-4 CLtj of CoSo Bpmeac Nom Reclaimed Water StoEM Tank . / : § � ^ \ƒ ��� /��\ . D 5. Canaveral Port Authop:11,Redaimed Water StoMM Tank Table 2-1. Cape Canaveral Water Reclamation Facility Reclaimed Water System Design Criteria Process/Parameter Design Value I. Reclaimed Water Characteristics (Annual Averages) A. Flow 1.45 MGD _ B. CBOD5 20.0 mg/L C. TSS (Maximum) 5.0 mg/L D. CL2 1.0 mg/L II. Reclaimed Water Storage Tank A. Number of Units 1 B. Type Above ground, circular, covered C. Volume,MG 1.0 III. Substandard Effluent Holding Tankage Primary: A. Number of Units 1 B. Type Above ground, circular C. Volume,MG 1.4 Secondary: A. Number of Units One(1) B. Type Above ground, rectangular C. Volume, MG 0.4 D. Miscellaneous Tank also can be used for flow equalization for upstream wastewater treatment processes IV. Reclaimed Water Pumping System A. Effluent Transfer Pumps (Transfer to Reclaimed Water Storage Tank) 1. Number of Units Four(1 of these is a standby) 2. Type Submersible, non-clog 3. Rated Capacity, HP 1,100 gpm @ 32 feet TDH 20.0 HP B. Reclaimed Water High Service Distribution Pumps — 1. Total Number of Units Four 2. Type Horizontal, Split-Case 3. Rated Capacity, HP a. Pump 1 800 gpm @ 135 feet TDH, 50 HP b. Pump 2 800 gpm @ 135 feet TDH, 50 HP c. Pump 3 450 gpm @ 145 feet TDH, 40 HP — d. Pump 4 400 gpm @ 145 feet TDH, 40 HP cQ Cv O 0 J LL C� m a of o > Q oQ _ 00 � � o H - m w m CU CD �a N L L Q� 0 �� o U � c z (� o -�' a ❑ L Z N U LL— 0 Z LL o � U n oo a O Z a LO `o v x � ra � oa as � � as � a� m @ c a� e iE M CO co C � Occ C LL m co U U C m mol w � O o o,G 6L , 7 gyp, o O '9a w `o, aJ" 0 J m JQ co a 3 to r~ G LL 9 we s °°'Jy t iT = oa O o o✓jO of o , °� �7 Q Oa�� Oa 6' 90 66,Jy a 00 ss�O ss�6 s �n sl 46 sag a 19 Jy a �n Cv Lq r 0 86,E O N *- o O (aJW)►Noll System Problems Since the exiting reclaimed water pumping and distribution system primarily provides water for irrigation purposes, high demand periods are encountered when the evapotranspiration rate of _ turf grass is not met by local rainfall. With the increasing popularity of using reclaimed water for residential irrigation, the storage and pumping system has faced the following problems during high demand periods: W • Insufficient reclaimed storage volume to supply local demand and meet the commitments to Cocoa Beach and Port Canaveral Insufficient reclaimed water pumping capacity to supply local demand • Lack of valves to isolate the reclaimed water storage tank for cleaning purposes. • Air entrainment from hydropneumatic tank due to operating pressures dropping below the design minimum operating pressures Although these operational problems typically arise during drought periods when residential — irrigation use is heavy,they do occur periodically during normal rainfall years. During the spring of 2002, staff has indicated that these problems would last for weeks on end. Although heavy demand periods certainly occur during drought conditions, they are also experienced seasonally during other times of the year. These periods are also dependant on homeowner's irrigation habits. A typical impact-type sprinkler head that many homeowners use provides 1.5 gpm to 8.4 gpm of water at 25 psi to 60-psi pressure according to Rainbird Irrigation specifications for residential systems. If every existing residential customer(577 based on City provided information) in the City of Cape Canaveral turned on a standard impact- type sprinkler at the same time, the demand experienced at the plant would be approximately 2,000 gpm with a system pressure of 35 psi. This event would almost exceed the capacity of the reclaimed water pumping system. Also, this illustration does not account for the 44 existing — connections that are 2-inches or larger. It should also be noted that many homeowners use multiple irrigation heads at the same time. Insufficient Storage Volume—The existing reclaimed water storage tank has a nominal capacity of 1.0 million gallons of which the usable storage is closer to 800,000 gallons. This is due to the elevation of the pump suction relative to the bottom of the tank(approximately 3 feet difference). Attempting to operate below this low water level at higher pumping rates increases the likelihood of air entrainment due to the formation of vortices at the tank outlet. Since the flow to the treatment plant rarely exceeds 1.3 MGD, it is very difficult for the plant operations staff to manage the reclaimed water supply. With 650,000 gpd allocated to the City _ of Cocoa Beach, volume management becomes a difficult balancing act during periods of heavy demand. Since reclaimed water is not critical to public health and safety, two options are available when addressing storage volume. If the City chooses to provide uninterrupted service _ to the reclaimed water customers, the system must be viewed in the same manner as a potable water system. As such, the supply should be capable of providing a minimum flow rate equal to the average daily flow and storage volume capable of meeting the needs of the maximum hourly — peak flow for an extended period of time. For potable water systems,this rate is based on fire 2-2 Cape Carnaverak122655—Rec.Water.Syst.Imp.Study\Report\Section 2.doc flow demand. For a reclaimed water system, this would equate to the maximum demand during a drought period. If the City chooses to ration reclaimed water, then the storage volume will — depend on the extent of rationing. Insufficient Pumping Capacity—The existing pumping system consists of four horizontal, split-case centrifugal pumps. With one of the largest pumps out of service (required by FDEP to meet Class I reliability), the system is capable of pumping approximately 2,100 gpm at 55-psi system pressure. During many times over the last few months, the plant operations staff has had to operate all four pumps to meet demand of approximately 3,000 gpm. During these periods of operation, flow to Cocoa Beach was shut off. These peak flow rates occurred for a 4 to 6 hour period at which time the reclaimed water storage tank was emptied, and sufficient volume was not available to provide water to Cocoa Beach. _ Lack of Isolation Valves—Periodic maintenance is required on the reclaimed water storage tank in order to maintain acceptable water quality conditions (i.e. tank cleaning) and in order to perform periodic inspections of the tank. At present,taking the reclaimed water storage tank out of service is very difficult due to the lack of an isolation valve on the discharge pipe from the w tank. In order to take the tank out of service, the pump suction valves must be used. One of these valves is not in good condition, so there is a higher risk of piping failure. Air Entrainment—During periods of extreme system demand (greater than 2,100 gpm),the plant operations staff must operate the reclaimed water pumping system manually with all four pumps operating. At times, demand has exceeded the maximum pumping capacity of the pumps at the minimum operational pressure of 55 psi. When this situation occurs, system pressure drops below 55 psi to provide the higher flow rate,but the air in the hydropneurnatic tank expands to the point where air is forced into the system. When this occurs, air travels to the high point, which happens to be the pumps. The pumps then become vapor locked, and must be taken out of service. When this occurs, the reclaimed water system is effectively out of service. This occurred approximately 10 times during 2002. CURRENT RESOURCE MANAGEMENT DURING DROUGHT CONDITIONS -- Existing Drought Procedures Due to the extreme drought conditions during 2000 and 2001, the City of Cape Canaveral developed and implemented certain drought procedures to ensure that both Cape Canaveral and Cocoa Beach obtained an equitable amount of reclaimed water. The drought operating protocol is summarized as follows: • Reduces flow to Cocoa Beach when St. Johns Water Management District drought indexes are exceeded • Provides Cocoa Beach a percentage of the reclaimed water generated instead of a set amount when influent flows drop below a certain level Allows flexibility of scheduling delivery of reclaimed water to Cocoa Beach 2-3 Cape Canaveral\22655—Rec.Water.Syst.Imp.Study\Report\Section 2.doc The operating protocol during drought conditions has helped the plant operations staff successfully provide water during drought periods. However, service has been interrupted due to insufficient reclaimed water supplies. Modifications to the existing pumping and distribution system may allow the City to avoid implementing these drought procedures in the future. 2-4 r Cape Canavera1122655—Rec.Water.Syst.imp.StudylReportlSection 2.doe SECTION 3 FUTURE CONDITIONS Remaining System Expansion The City of Cape Canaveral intends to expand reclaimed water service to the remainder of the wastewater customers. The customers are generally located on streets within the core residential area. For modeling purposes, an additional 7 gpm per block added or 230 gpm total was added as demand to the junction modes. The number of potential customers as well as the cost of construction was developed for each block. Finally, a cost per customer was then developed in order to generate a ranking based on economic benefit to the community. Table 3-1 summarizes this information. The rankings could be used by the City to prioritize construction expenditures over several years. 3-1 Cape Canaverat122655—Rec.Water.Syst.Imp.Study\Report%Section 3.doc Table 3-1 Distribution System Expansion Evaluation No. of Potential Cost per Street Block Length Unit Cost Cost Customers Customer Ranking Johnson Avenue 100 464 $40.26 $18,680 2 $9,340 28 400 560 $40.26 $22,545 0 NA Rosalind Avenue 324 $40.26 $13,044 5 $2,609 17 302 $40.26 $12,158 5 $2,432 16 292 $40.26 $11,756 6 $1,959 12 269 $40.26 $10,830 6 $1,805 10 315 $40.26 $12,682 6 $2,114 13 Adams Avenue 100 437 $40.26 $17,593 14 $1,257 2 Jefferson Avenue 100 443 $40.26 $17,835 11 $1,621 7 Madisson Avenue 100 443 $40.26 $17,835 6 $2,972 19 Monroe Avenue 100 437 $40.26 $17,593 0 NA " 200 429 $40.26 $17,271 10 $1,727 8 300 450 $40.26 $18,117 2 $9,058 27 400 450 $40.26 $18,117 5 $3,623 21 500 261 $40.26 $10,508 1 $10,508 29 600 498 $40.26 $20,049 14 $1,432 4 Jackson Avenue 100 430 $40.26 $17,312 2 $8,656 25 200 409 $40.26 $16,466 11 $1,497 5 600 526 $40.26 $21,176 0 NA Tyler Avenue 100 438 $40.26 $17,634 10 $1,763 9 200 424 $40.26 $17,070 13 $1,313 3 300 457 $40.26 $18,399 10 $1,840 11 _ 400 332 $40.26 $13,366 6 $2,228 15 Polk Avenue 100 439 $40.26 $17,674 3 $5,891 24 500 488 $40.26 $19,647 0 NA _ Taylor Avenue 100 449 $40.26 $18,076 0 NA 200 425 $40.26 $17,110 3 $5,703 23 300 452 $40.26 $18,197 1 $18,197 30 400 276 $40.26 $11,112 7 $1,587 6 500 511 $40.26 $20,573 0 NA Fillmore Avenue 100 443 $40.26 $17,835 2 $8,917 26 Pierce Avenue 100 452 $40.26 $18,197 5 $3,639 22 400 549 $40.26 $22,102 0 NA Buchanan Avenue 100 455 $40.26 $18,318 7 $2,617 18 YI Lincoln Avenue 100 450 $40.26 $18,117 6 $3,019 20 200 432 $40.26 $17,392 8 $2,174 14 300 306 $40.26 $12,319 10 $1,232 1 Harrison Avenue 500 508 $40.26 $20,452 NA ' r Totals 16025 $645,158 197 " Note: Rank for blocks without potential customers is assumed to be last. SECTION 4 DESCRIPTION OF ALTERNATIVES CONSIDERED Overview Improvements to the reclaimed water system involve the following areas: • Provide additional storage volume Provide alternate storage methods Provide additional pumping capacity or reduce system demands • System improvements Based on discussions with the City of Cape Canaveral, the main goal of any improvements to the reclaimed water system is to provide adequate reclaimed water to the City of Cape Canaveral while meeting the obligations to the City of Cocoa Beach and Port Canaveral. Provide Additional Storage Volume Based on past operational data,peak pumping rates of 2,100 gpm have occurred for extended periods of time until the supply was exhausted(around 900,000 gallons when tank is full). In order to supply uninterrupted reclaimed water services, the reclaimed water system should have storage volume capable of meeting 2,100 gpm for a 6-hour period, and additional volume to satisfy Cocoa Beach's allocation of reclaimed water. Also, since the reclaimed water system — demand exceeds supply by approximately 400,000 gpd during drought periods (plant flow of 1.0 MGD versus demand of 1.4 MGD), the system should have sufficient volume to meet a four-day drought event. In order to meet this requirement, an additional 1.5 million gallon storage tank may be required. Alternate Storage Methods In lieu of using above ground storage tanks, other options for storage of water would be available to the City. Ponds are often used for reclaimed water storage throughout the State of Florida, however, it does not seem that the City would have sufficient land available to construct an adequate sized pond in the vicinity of the plant. If the pond is constructed at an offsite location, then an additional pumping system would be required. A second option that may be feasible for the City would be to install an Aquifer Storage and _ Recovery(ASR)well at the plant site. An ASR well would be constructed down to a zone of favorable geological conditions (semi permeable zone,probably 200-500 feet below ground). Excess reclaimed water during wet periods would be injected into the well forming an underground storage zone. Reclaimed water would then be withdrawn from this well as seasonal demands dictate. Recovery of the injected water can be expected to range from 50 to 85 percent. A well capable of generating 1.0 MGD of recovered water(approximately 700 gpm)would cost between $650,000 and $1,250,000. Grant funding of approximately$50,000 would most likely 4-1 Cape Canaveral122655—Rec.Water.Syst.Imp.Study\Report\Section 4.doc be available from the St. Johns River Water Management District for the development of an alternative water source. A test program is currently underway at Port Canaveral to determine the feasibility of ASR as a method of storing water during wet periods and withdrawing the water during seasonally dry periods. The results of this test program were positive, and Port Canaveral is proceeding with the permitting and construction of an ASR well. The details of this project are currently not available. Another option would be to use stormwater captured in stormwater ponds to augment reclaimed water during high demand periods. This option has had limited success since stormwater is not available during dry periods. A final option would be to develop an operating protocol to allow the use of one or both of the substandard effluent holding tanks as alternate storage tanks. This would be used in conjunction with the current drought protocol. Discussions with FDEP on this issue were positive. Provide Additional Pumping Capacity or Lower System Demands Since the City of Cape Canaveral can only count on a finite amount of reclaimed water, expansion of the pumping system would not be practical until methods for reducing system demands were fully considered. Methods available to the City of Cape Canaveral for reducing system demands include the following: • Develop irrigation zones with automatic isolation valves - • Implement conservation measures • Renegotiate the interlocal agreement with the City of Cocoa Beach Develop Irrigation Zones—By providing automatic isolation valves, the City of Cape Canaveral can be broken into separate zones. Based on the results of the hydraulic modeling efforts (discussed later), the City can effectively have three separate irrigation zones. During drought periods, the City would then have the ability to provide adequate flow to each zone, but for only a portion of the day. In order to adequately implement this option, the City would need to communicate an irrigation schedule to the residents so that irrigation time clocks could be properly set. Implement Conservation Measures—Many communities throughout Central Florida are faced with a similar situation as the one facing Cape Canaveral. Most communities have chosen to implement conservation measures that include charging a monthly usage rate based on conservation pricing (price is scaled up as usage increases), enacting irrigation days that are — typically based on address (even-odd), and enacting no irrigation periods during the middle of the day. Due to the smaller size of Cape Canaveral, these measures may prove costly for the following reasons: • Meters would be required for implementing conservation rates • Irrigation schedules are not effective without enforcement 4-2 Cape Canavera1122655—Rec.Water.Syst.Imp.StudylReport\Section 4.doc Although conservation measures are effective in other locations throughout Florida, the use of automatic valves to develop irrigation zones is seen as being more effective. Renegotiate Interlocal Agreements—The current agreement with Cocoa Beach will expire in approximately 14 years. At this time, it would appear that Cape Canaveral would not have to provide any more water to Cocoa Beach. It would certainly help the operation of the reclaimed water system if more flexibility was built into the agreement such as reclaimed water sharing, providing monthly amounts instead of daily, and lower flow during drought periods. In exchange, the duration of the agreement could be extended. Open dialogue with Cocoa Beach should begin to avoid situations as encountered during this past spring. 4-3 Cape Canavera1122655—Rec.Water.Syst,Imp.Study\Report\Section 4.doc SECTION 5 EVALUATION OF ALTERNATIVES Model Preparation Based on record information on the reclaimed water system provided by the City of Cape Canaveral, a hydraulic model was developed using MWSoft H2Onet which is a proprietary hydraulic modeling software package. System demands were based on reclaimed water service — information included in Appendix B. Demands were assigned to junction nodes based on the number of services on adjacent streets. Demand to Cocoa Beach was assigned at 1,100 gpm based on discussions with City staff. Once the model was developed, various model runs were performed to set junction demands. Increasing node demand until a system pressure of 55 psi was obtained with all four pumps — operating and no flow to Cocoa Beach generated the current peak demand. This situation represents the peak pumping rate that was regularly experienced during the spring of 2002. Additional lines were added to the model to represent system expansion, and node demand was input accordingly. Since system pressure dropped below 55 psi with the future demands from expansion, the system was separated into irrigation zones and runs were made of each zone. — EVALUATION OF PROPOSED ALTERNATIVES — Provide Additional Storage Volume Without additional storage volume, the existing reclaimed water system is inadequately sized for meeting the current demands during high-demand periods associated with drought events. By providing up to an additional 1.5 million gallon storage tank, the City will be better able to manage the reclaimed water resource during drought conditions. As discussed previously, 2.3 million gallons of storage would allow the system to meet four days of demand during drought conditions as shown in Figure 5-1. The proposed tank would be constructed in the vicinity of the sludge drying beds that are no longer in service. This site was chosen due to the close proximity to the reclaimed water pumping station. Lower System Demand As discussed previously, system improvements should focus on reducing the peak demand. The most cost effective way to achieve this goal is to provide automatic system valves for isolating the distribution system into irrigation zones. Figure 5-2 shows the system with future expansion lines and automatic valves identified. Operating the system as separate zones should achieve the following results: 5-1 Cape Canaveral122655—Rec.Water.Syst.Imp.Study\Report\Seedon 5.doc Zone Flow Pressure A 740 77 B 2,600 49 C 1,610 71 (Includes Flow to Cocoa Beach) Results of the model runs are included in Appendix C. Without separating the reclaimed water system into irrigation zones, additional pumps will be necessary. System Improvements System improvements that are considered necessary to achieve reliable service and to lower operational demands include the following: - • Provide an isolation valve on the tank discharge/pump suction line • Remove hydropneumatic tank from main system; use for treatment facility operations such as chlorination,belt press wash water and wash down water • Install variable frequency drives (VFD's) and inverter-duty motors on the reclaimed water pumps J The operation of the system will be more capable of meeting system demands without as much operator attention by removing the hydropneumatic tank from main line service and installing VFD's on the pumps. The use of VFD's will allow the pumping system to match system demand without pumps starting and stopping. Also, in the event that heavy system demand lowers the system pressure below 55 psi,removing the hydropneumatic tank will eliminate the risk of air entrainment. 5-2 Cape Canaveral122655—Rec.Water.Syst.Imp.Study\Report\Section 5.doc T L Q M Q O J oQ o _ oQ CO z V 00 H o -- a- w � Q a (1) m 0) c� - � c L C L cV a) a CIS L) o � F- Co cl O L Z p � ._rip CD wM oaf } va _� + o C) Z o N o Z V c� U r M n C W 0 Ol V 6 — o _ w c� 0 � o x U x � A N v ZONE A E9ERWINE ROAD r BEACH PARK LN ' CORAL DR. Ij HARBOR QR. I 1 I OCEAN GARDEN ` I HARBOR OR. — CORAL DR. f ` tri OAK MANOR I Jam. wo ll IF-igrTin r \ / SURF DR !1 r + PROPOSED — = y��v BOOTH C7 1 CONTROL VALVES CRA DLER I _ � f r I 2 CHERI DO LN PRL NTVENr CAROLINE ST r� WASHINGTON A COLUMBIA OR - LONG POINT RQ J ON I 1 ZONE B ZONE B & C ��� r MOI EAfNZ a II 7JACK NA K)NAL QR - PROPOSED 1HARRI N A CONTROL VALVES ! l ATLANTIC OCEAN r JUSTAMERE RD ' A PO A - Q o TAYLO A ! I FILL RE A ' N I r Q PI E A r BUC NAN A CENTER ST ` Q LIN LN A ' r _ SCALE: NTS I JOH ON A I ZONE C GAIT A Q� HA A r 1 � u _ I FIEL REUSE LINES V (APRIL 2001) 4 PROPOSED r CD -w ----- REUSE LINES HOLMAN R r M R o LrVE IRAR AVEFIGURE 5-2 YO GAVE RECLAIMED WATER D*TRIEWTION SYSTEM SECTION 6 SUMMARY AND RECOMMENDATIONS Summary The reclaimed water improvements study has focused on improvements required to reduce peak demands, allow for system expansion and improve the operation and maintenance of the system. A matrix summarizing the issues considered is included in Table 6-1. Recommendations An opinion of probable cost was developed for each item considered for implementation. The system improvements have been prioritized to allow for the work to be completed over several fiscal years to reduce the cost impact to the City. The proposed phases and the cost associated with each phase is included in Table 6-2. Supporting cost data is included in Appendix D. The first two phases should be implemented as soon as possible based on funding availability. After Phase 2 is completed, operation of the system should be reevaluated. Correction of system deficiencies during Phase 1 and 2 may reduce the need for or the amount of additional storage volume. The final decision should be made at this time regarding additional reclaimed water storage (Phase 3). The final phase of this program system expansion, could then proceed. 6-1 Cape Canaveral122655—Ree.Water.Syst.Imp.StudyaeporMection 6.doc .w y10 ca �y oQ� >� @ oG m am mv m c N _ m A? v° nom mo N� E a m y Cc$ a s s o >0c Z c E w m ` y LL_d v = m m 5N o m V ° OO p `� C = c m Y y a y " c ern m m E m c@ o " m o ° 2 ? @ U cs. c f E 0 y j Table 6-2 - Program Phasing Costs Phase Description Cost Phase 1 Install 16" Isolation Valve on Reclaimed Water Pump Suction Header $ 4,600 Install 3-12"Automatic Isolation Valve $ 46,500 Install 2-16"Automatic Isolation Valve $ 34,000 Engineering and Administration (15%) $ 12,765 Total $ 97,865 Phase 2 Remove Hydropneumatic Tank from Main System and $ 18,700 Install New Pumps and Piping for Plant Reclaimed Water System Install Variable Frequency Drives $ 32,500 Engineering and Administration (15%) $ 7,680 Total $ 58,880 Phase 3 Construct New 1.5 MGD Reclaimed Water Storage Tank $ 587,000 Engineering and Administration (7.5%) $ 44,025 Total $ 631,025 Phase 4 Distribution System Expansion $ 645,158 — Engineering and Administration (15%) $ 77,419 Survey($3 per foot of piping) $ 48,075 Total $ 770,651 — Total Reclaimed Water System Improvement Program Cost $ 1,558,421 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 18, 2003 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Robert Hoog ,Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Others Present: Bennett Boucher, City Manager Anthony Garganese, City Attorney Susan Stills, City Clerk Andrea Bowers, City Treasurer Todd Morley, Acting Building Official Ed Gardulski, Public Works Director Walter Bandish, Assistant Public Works Director BOARD INTERVIEW: Bill Leach, Business & Cultural Development Board Attorney Garganese asked Mr. Leach if all of the statements in his application were answered correctly to which he affirmed. Mr. Leach replied to the question regarding his interest in the Board saying that he had a printing business in Cocoa for twenty years. He expressed that the Board was a good venue to help the City generate new business along with the quality of life. Attorney Garganese asked why he thought he might be a good Board member? He replied that he had previous business experience and had networked with other local area businesses and could bring added experience. Mr. Leach also stated that he is active with Florida Institute of Technology cultural events. Mr. Morgan stated that he knew of his family and that they operated a well-run printing business in Cocoa. Mr. Hoog expressed that he liked his background and twenty years experience. Mr. Treverton also favored his credentials and the mix of business and academia that he would bring to the Board. Mayor Pro Tem Petsos stated that he favored his comment to generate new business along with the quality of life. Mr. Leach replied that he lived in the City for ten years. Mayor Randels expressed his thanks for Mr. Leach's interest. The City Clerk asked City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 2 Mr. Leach if he would be available to meet the Business and Cultural Development Board at their meeting on Wednesday, February 19tr' at 7:00 P.M. to which he affirmed. The Board would then make a recommendation to the Council regarding a resolution to appoint him to the Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 4, 2003. 2. Resolution No. 2003-05; Appointing an Alternate Member to the Library Board, Harry Pearson. 3. Quarterly Treasurer's Report and Budget Amendments for the First Quarter of Fiscal Year 200212003. Mayor Randels asked if any Council member, staff member or interested party desired to remove an item from the consent agenda for discussion. Mr. Hans Saurenmann requested to remove Item No. 1 for discussion. A motion was made by Mr. Morgan and seconded by Mr. Hoog to approve Consent Agenda Items No. 2 and 3. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 1. City Council Regular Meeting Minutes of February 4, 2003. Mr. Saurenmann requested a correction on Resolution No. 2003-03 for the Vacation of a 10-Foot Utility Easement on Lot 21, Harbor Heights, Second Addition. Mr. Saurenmann stated that there were certain problems that should be reflected in the minutes. He informed that he had provided the City Clerk with the easement. Mr. Saurenmann brought out that Mr. Gaspar Fernandez is a resident he is not on the property deed. He stated that Mrs. Sara Jane Tyson is the property owner and only the owner can acquire permitting and request for a vacation of easement. Mr. Saurenmann stated that the utility corridor in question has a long history and stated that he was part owner of the rear of Ocean Woods. Mr. Saurenmann related that the 10-foot easement should apply for all owners located on that side. Mayor Randels clarified that on Page 17 of Item No. 9 of the previous agenda Mr. Fernandez is named as part owner however Mr. Saurenmann is concerned that Mr. Fernandez who requested the easement does not own the land. Mr. Saurenmann affirmed and related that there is a tax issue regarding the pool. Mr. Saurenmann stated that Mr. Fernandez is married to Sara Tyson but he is not listed on the deed. Mr. Saurenmann read from the previous Council meeting minutes in that the pool permit was allowed based on wrong information on a survey that did not have the easement. Mr. Saurenmann stated that he was aware of the easement for all properties City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 3 along this corridor and the City would not allow him to build by reason of the easement on his property. He related that the easement is east/west about 32 houses long. Mr. Saurenmann said that if the easement is no longer needed it should be vacated for all property owners. However, the City is allowing a permit on a piece of property that does not belong to the owner. Mr. Saurenmann replied to Mayor Randels that the swimming pool was recently installed and their property taxes should be considerably higher than his own but were not. Attorney Garganese stated for clarification to Mr. Saurenmann's issues that the City could vacate an easement with or without the consent of the property owner. The Council determined that the there was no need for the easement and voted unanimously to vacate. Attorney Garganese addressed Mr. Saurenmann's concern of the length of the easement and asked if Mr. Saurenmann would like to vacate the easement on his lot as well. Attorney Garganese stated that he could take up that issue with the City Manager and it does not affect Council's action. Mr. Saurenmann restated that the minutes reflect Mayor Randels saying that Gaspar Fernandez requested to vacate the 10-foot easement on the property however Mrs. Tyson could make that request. Mr. Saurenmann requested to add the name Sara Jane Tyson and he also requested that all other property owners receive the same treatment. Mayor Randels asked the Public Works Director for information on who requested to vacate the easement. Mr. Gardulski responded that he received a letter addressed from both parties to vacate this proeprty. The Planning and Zoning Board reviewed and recommended this property first and all others would follow. Attorney Garganese said that the minutes could reflect the City received a correspondence. Mr. Boucher stated that both parties signed their names to the request letter. Attorney Garganese concluded that the minutes could simply reflect that the City received a request to vacate the easement by a letter dated December 8, 2002 signed by Gaspar Fernandez and Sara Fernandez. Mayor Randels informed Mr. Saurenmann that if he desired to receive a vacation of easement, he would need to submit a letter for his property. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to amend the City Council Regular meeting minutes of February 4, 2003 to add the name Sara Fernandez along with Gaspar Fernandez. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Main Motion: A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Consent Agenda Item 1, the City Council Regular Meeting Minutes of February 4, 2003, as Amended. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 4 CONSIDERATIONS: 3. Interlocal Agreement for Public School Facility Planning. Mayor Randels reiterated that this item was discussed at the previous Council meeting and Council requested discussion for this agenda for consideration with updated information. He informed that Florida Statutes requires by March 1, 2003 for Brevard County, the School Board and municipalities to enter into an interlocal agreement for public school facility planning and adoption would fulfill the City's statutory requirement. The agreement could be amended by April 1, 2003 if there were any amendments. Mayor Randels pointed out that the City Planner reviewed and found omissions in Subsection 6.6, highlighting that the paragraph fails to clarify which Comprehensive Plan amendments, re-zonings and development proposals are being considered in this paragraph. Also highlighted is that the paragraph fails to include the review criteria set forth in the Comprehensive Plan and Land Development Regulations of the respective local governments. Mayor Randels stated that both omissions are now included in the attached agreement and commended our City Planner, Todd Peetz. Mayor Pro Tem Petsos pointed out that the cities returned with the County in a review that resulted in including the requirements and requests from the cities. Mf. Boucher informed that the Brevard County Commission approved the Agreement this afternoon and all cities would subsequently comply before the deadline. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Interlocal Agreement for Public School Facility Planning. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 02-2003; Amending Code Sections 110-334 & 110-383; Adopting a New Section 110-556; Providing for Supplementary Regulations for Vehicle Rental Facilities within the C-1 and C-2 Zoning Districts. Mayor Randels read Ordinance No. 02-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110-334&110-383; ADOPTING A NEW SECTION 110-556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 &C- 2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 02-2003. Mayor Randels informed that the Planning and Zoning City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 5 Board initiated this item. The proposed ordinance's intent is to specifically address car rental agencies and remove them generally from special exceptions to create a new Code Section 110-556. The purpose of the section is to set limitations as follows: 1) a vehicle rental facility shall not be located within one-third mile from an existing vehicle rental facility, 2) a minimum lot area of 12,000 feet, 3) a minimum lot width of 100-feet and 4) a green belt of not less that 15-feet in width from all street areas where cars are visible, 5) outside areas where vehicles shall be displayed or stored shall be paved and striped, 6) ingress and egress points abutting the streets shall be marked clearly and placed not closer than 150-feet, 7) servicing and repair of vehicles is prohibited expect within a fully enclosed structure, 8) no storage of junked or wrecked automobiles other than temporary, not to exceed 30 days, 9) no outdoor paging or speaker systems are permitted, and 10) and the hours of operations are limited to 7 A.M. to 9 P.M. in consideration to the neighboring area. Mayor Randels asked if there were any public input. Mr. Hoog referred to Item 8 and asked who would police the storage area. Mayor Randels said that the intent is for Code Enforcement however the burden is on the ownership. Ms. McNeely replied that this is a Code Enforcement matter. Mr. Hoog referred to the screened area for regulatory control and pointed out the need for enforcement mechanisms. Mr. Morgan asked if a check could take place at the annual Occupational License renewal time. Mr. Hoog inquired about the use of the enclosed area and the proposed green belt. Ms. McNeely stated that the Board wanted to ensure adequate screening along the public road and from the residential district. The Board felt that the green belt was necessary for aesthetic reasons. Mr. Hoog asked why Paragraph 8 requires an enclosed area. Ms. McNeely replied that the enclosed area is for repairs. Mayor Pro Tem Petsos stated that the rental agencies in discussion were looking toward rental sales and not storage. Mr. Morley replied to Mayor Randels that the Code Enforcement Officer typically polices the City and these agencies would be included in that route. Mr. Petre pointed out that within the ordinance there should be a stipulation as to who would enforce it and if done by the City the ordinance should include it. Mr. Petre also pointed out that there are four existing facilities and wondered if there are any portions of the ordinance that inhibit them from business. He asked if certain amenities would be grandfathered in. Attorney Garganese replied that certain aspects of the ordinance would be grandfathered-in such as minimum lot area and width, however other portions would take affect immediately upon adoption for example, hours of operation and outdoor paging and speaker requirements. Mr. Petre asked about the required enclosure and greenery area and asked if these are grandfathered-in. Mr. Morgan stated the existing businesses should have a vested right. Mr. Petre asked if the businesses were invited before the Board to make comment? Mayor Randels replied that the facility in front of Cape Shores condominiums was informed of the regulations. Mayor Randels read from the new code Section 110-556, "vehicle rental facilities may be permitted by special exceptions in the C- 1 and C-2 subject to the general conditions for special exceptions and the following minimum requirement." He stated that this provision did not exist under the old code for special exceptions. City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 6 Mayor Pro Tem Petsos replied to Mr. Petre's concern on enforcement that Section 5 states incorporation into the City code and therefore the Code Enforcement would regulate. Mr. Saurenmann stated that the 15-foot green belt is not a good idea in that it allows for vandalism and theft of the vehicles on the property. Mr. Morgan asked if the intention of the green belt was for grass. Mr. Nicholas replied that landscaping was the intent in order to make the area aesthetically pleasing. Mr. Boucher referred to the 30-day storage and said that he would like to combine this section with the Abandoned Vehicle section in Chapter 34 that requires 72-hours for removal of junk cars. Mr. Morgan expressed that further discussion appeared necessary at this point due to questions raised during the discussion. Attorney Garganese advised prior to calling the question that a Motion to Table does not preserve advertising and a date certain needs to be included in the motion. A motion was made by Mr. Morgan and Mayor Pro Tem Petsos to table Ordinance No. 02-2003 until the next City Council meeting of March 4, 2003. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Adopt: Ordinance No. 04-2003; Amending Chapter 22 of the Code or Ordinances; Providing for the Regulation of Exterior Building Colors within the C-1, C-2 and M-1 Zoning Districts. Mayor Randels read Ordinance No. 04-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 22 OF THE CODE OR DINANCES; PROVIDING FOR THE REGULATION OF EXTERIOR BUILDING COLORS WITHIN THE C-1, C-2 AND M-1 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels informed that after previous discussion the Council decided to place the Code section under Chapter 22, Community Development. He explained that this ordinance would confer authority to the Community Appearance Board to eliminate bright or brilliant colors on commercial buildings except as accent colors. Mr. Treverton clarified that this ordinance applied to new construction that requires a permit and not to existing commercial buildings that decide to repaint. Mayor Randels replied that if the property is a Level III review, then the code would apply. Mr. Craig Stewart pointed out that some trademark companies that the Board might not find beneficial to the aesthetics of the City, the Board would address. The City's attempt is to maintain an aesthetically pleasing AIA corridor. Mr. Boucher pointed out that under Code Section 22-40 the Building Official has the latitude to authorize insignificant changes. Attorney Garganese clarified that the changes must be minor or insignificant in impact. Mr. Treverton pointed out that his regulation was intended to equip the Board and eliminating florescent colors was the intention. Mr. Morgan reminded that the building color would be reviewed during City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 7 remodeling. Mr. Treverton asked if there were a mechanism on the permitting form that described the type of work to include painting. Mr. Morley replied that the work performed is clearly described on the permitting application. Mayor Randels clarified how a City may enforce its aesthetics and read from a court case involving Jupiter, Florida that "where it is determined that a rationale relationship exists between a legitimate government objective such as establishing aesthetically pleasing corridors and whether to further regulate such purposes." Mr. Morley said on a final note that he would like for the Board to consider what is written under C-1 zoning that requires the owner to maintain the existing character with regulation by Code Enforcement. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 04-2003 at second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 05-2003; Amending Chapter 2, Article VI, Providing for a New Section 2-260 Entitled Procedures for Satisfaction or Release of Code Enforcement Liens. Mayor Randels read Ordinance No. 05-2003. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 2, ARTICLE VI, PROVIDING FOR A NEW SECTION 2-260 ENTITLED PROCEDURES FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIENS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that this ordinance would provide for a formal procedure to satisfy or reduce a lien ordered by the Code Enforcement Board. Mayor Randels read through the proposed intended procedures. Mr. Treverton referred to Paragraph (a) and questioned that language that authorized the City Manager to proceed with recording the lien but he is not directed to do so. Mr. Morgan agreed that the intention is to have the City record the Satisfaction of Lien and remove it from the Clerk of Courts books. There was no public comment. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to amend Section 2-260, Paragraph (a) to read the City Manager "shall" execute and record a Satisfaction of Lien. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Main Motion: A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 05-2003 at second reading. The motion carried 5-0 with voting City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 8 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt: Ordinance No. 06-2003; Amending the Code of the City of Cape Canaveral Florida; Providing for a Stormwater Utility System; Providing Findings, Determinations and Powers; Providing Definitions and Construction; Providing for an Operating Budget; Providing for a Stormwater Utility Fee; Providing for Billing and Collection of Utility Fee; Providing for Program Responsibility; Providing for a Stormwater Utility Enterprise Fund. Mayor Randels read Ordinance No. 06-2003 by title. AN ORDINANCE AMENDING THE CODE OF CITY OF CAPE CANAVERAL, FLORIDA CREATING A STORMWATER UTILITY SYSTEM PURSUANT TO SECTION 403.0893, FLORIDA STATUTES,AND OTHER APPLICABLE LAW; PROVIDING FINDINGS, DETERMINATIONS AND POWERS; PROVIDING DEFINITIONS AND CONSTRUCTION; PROVIDING FOR OPERATING BUDGET; PROVIDING FOR THE CREATION OF A STORMWATER UTILITY FEE; PROVIDING FOR BILLING AND COLLECTION OF A STORMWATER UTILITY FEE; PROVIDING FOR PROGRAM RESPONSIBILITY; PROVIDING FOR STORMWATER UTILITY ENTERPRISE FUND; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCORPORATION INTO CODE; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels referred to the changed effective date of January 1, 2004. Mayor Randels reminded that the Federal Clean Water Act required certain political entities to implement Stormwater Management Programs. He stated that Florida Statutes Section 373.413 mandates that the City of Cape Canaveral develop a Stormwater Management Program that is mutually comparable with those developed by the Florida Department of Environmental Protection, St. Johns River Water Management District and other governmental entities. Mayor Randels stated that a Resolution would define the user fee in order that the ordinance remain the same from year to year. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 06-2003 at second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 9. Motion to Adopt: Ordinance No. 07-2003; Amending Sections 22-37, 22-43 and 22,44 of the City of Cape Canaveral Code Relating to the Community Appearance Board, for second reading. Mayor Randels read Ordinance No. 07-2003 by title. City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 22- 37,22-43 AND 22-44 OF THE CAPE CANAVERAL CODE RELATING TO THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mr. Treverton inquired when the City Attorney planned to draft a uniform Board ordinance. Attorney Garganese replied some time in March. He stated that this ordinance was expeditiously prepared following Council's changes during the workshop discussion especially with respect to the Level I I reviews. There was no public comment. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Adopt Ordinance No. 07-2003 at first reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 10. Resolution No. 2003-06; Establishing a Stormwater Equivalent Residential Unit and an Equivalent Residential Unit Rate. Mayor Randels read Resolution No. 2003-06 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A STORMWATER EQUIVALENT RESIDENTIAL UNIT AND AN EQUIVALENT RESIDENTIAL UNIT RATE AND PROVIDING FOR AN EFFECTIVE DATE, Mayor Randels informed that the Resolution establishes a Stormwater Equivalent Residential Unit [ERU] and an ERU rate. City Council considered adoption on impervious area with an ERU rate of$3.00 per month effective January 1, 2004. Mayor Pro Tem Petsos stated that with the consultant's help and staffs input and the proposed budget, a workable plan has been established. Mr. Tom Garboski stated that he attended the first workshop wherein the public would like to see some mitigation process with the rates as well as a method of paying a lesser amount per Equivalent Residential Unit [ERU]. He related that people living in 500 square feet did not choose to pay the rate established for 2,074 square feet of living space. Mayor Randels explained that a residential condominium parcel was chosen to develop the ERU base because 59 percent of the total 6,100 tax parcels in the City are condominiums. He explained that the total impervious surface comprised the total ERU rate. Mr. Jeff Earhart of Berryman and Henigar agreed with Mayor Randels on how the ERU was derived. Mr. Treverton asked if there were some provision in that a small condominium owner might challenge the proposed rate. Mr. Earhart replied that all condominiums and residential parcels are assigned one ERU regardless of size. Currently there is no mechanism for different classes and analysis resulted in simplicity versus City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 10 equity for a standard rate. Mr. Earhart replied to Mr. Treverton that the mobile home definition could be expanded if the Council wanted to consider classes. Discussion followed on the possibility of establishing classes. Mr. Earhart responded to Mr. Morgan that mitigation credits would apply if a stormwater treatment facility exists on the property. Mr. Sweetman asked why charges are not made on a per unit basis. Mayor Randels replied that the cost was based on damage to the stormwater system. Mr. Sweetman reiterated that every person should pay the same. Mr. Garboski stated that he would like to establish a more aggressive fee and implement the proposed projects now. Mayor Randels replied that the cost played a part in Council's decision. Mr. Morgan replied that the participation did not reflect a cross section of the community, saying further that once the program is established a decision to increase could be made at a later time. Mayor Pro Tem Petsos said that people favored the $3.00 fee with initiation of the program. Mr. Leo Nicholas stated that he was not aware that each condo unit would be appraised at one ERU rate. He suggested basing the fee on a square footage basis with a per square foot charge with a portion paid for the common elements. Mr. Gordon England stated that there is more to the pollution component, for example than the impervious sites. He said that some parameter was needed to establish a cost. Mr. Morgan asked how other areas established cost. Mr. England replied that most other cities have calculated in the same manner. Mayor Randels related the areas of criteria to acquire the National Pollutant Discharge Elimination System Permit. Mr. Gene Petre asked if there were any other funding method available aside from coming to the property owners. Mr. Boucher replied that the fee is a user fee and more programs are intended to educate the public in the future. Mr. Gene Petre asked how much of the $1.00 in property tax comes back to the City. Ms. Bowers responded that of the City's ad valorem taxes $2.04 per each thousand above the value of the 25,000 Homestead Exemption is returned to the City. Mayor Randels summarized that all of the City tax comes back to the City. Mr. Petre recommended initiating a stormwater program with City funds. Mayor Randels pointed out that the City received approximately $3 million in grant funding. However, there is not much funding to take from the operational budget to implement this program. Mr. Boucher related that the demand for services has increased along with revenue. Mayor Randels encouraged Mr. Petre to acquire any additional budget information from the City Manager or City Treasurer. Mr. Paul Hurley pointed out that many people who damage the river do not live in the area. He stated that the City would be remiss to not look for a way to charge people for usage. Mr. England responded to Mayor Randels that the County has not increased its $3.00 rate since initiation. The County was successful in acquiring grants from other governmental entities however he had no answer for charging for tourist damage to the stormwater system. Mr. England responded to Mr. Sweetman's concern over increasing property taxes in that his property value increased and taxes had increased accordingly and said that stormwater is not tied to property taxes but is established by impervious surface. Mr. Jeff Earhart stated that the Council chose an equitable figure that would provide leveraging power to acquire grants. Mayor Randels related how Mr. Morgan's prototype stormwater City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 11 concept would demonstrate the value of retaining water. Mr. Hurley inquired about unimproved property or unfinished apartments. Mr. Earhart stated that neither of these would incur cost stating that the water utility bill is the standard method of collection. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2003-06 at an Equivalent Residential Unit rate of$3.00 with an effective date of January 1, 2004. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 11. Resolution No. 2003-07; Support of Continued Beach Management Funding of$30 Million Annually. Mayor Randels read Resolution No. 2003-07 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, IN SUPPORT OF CONTINUED BEACH MANAGEMENT FUNDING IN AN AMOUNT OF$30 MILLION ANUALLY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECIVE DATE. Mayor Randels explained that five years ago the majority of Florida coastal cities passed a resolution signed by the Govemor to give funding from the sale of real estate documentary stamp to a Trust Fund for beach renourishment. The governor in the State deficit budget is anticipating using $15 Million from the trust fund slated for Beach Management. The Florida Shores and Beach Association is requesting the Council to pass a resolution requesting that the Governor and Legislators continue that funding. Council directed the City Manager to forward a copy of the resolution and a letter with signatures from all Council members to the State Legislators on the appropriations committee as well as to the local legislation. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Adopt Resolution No. 2003-07 in Support of Continued Beach Management Funding of$30 Million Annually. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 12. Florida Department of Environmental Protection Stormwater National Pollutant Discharge Elimination System [NPDES] Permit. Mayor Randels explained that a Stormwater Permit Application is required for submission by March 10, 2003. The permit application covers six best management practices that the City will perform during a five-year period. Mr. Walter Bandish recounted the six criteria: Public Education Outreach, Public Involvement, Illicit Discharge, Construction Site City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 12 Stormwater Run-off Control, Post Construction and Pollution Prevention and reviewed the proposed plans in conjunction with the program. Mr. Morgan interjected that most of the proposed items are on the books and have been since 1987. Mr. Bandish affirmed that some of the expressed plans do exist. Mr. Boucher related that staff has been working hard to ascertain the format the State required. Mr. Hoog inquired about the permit fee. Mr. Bandish replied that the fee has not been established as yet. Mayor Randels clarified that this is a new program. Mayor Pro Tem Petsos asked if years one through four of the plan are contingent upon the ordinance previously adopted. Mr. Bandish affirmed and replied that the State wants to know how the City plans to maintain the program. Mayor Pro Tem Petsos stated that he would prefer to see staff performing maintenance in the first year and also said that he would like to see the application prior to forwarding it to the State. Mr. Bandish replied that much planning is involved in the first year. REPORTS: 1. City Manager • Mr. Boucher stated that he met with Cape Canaveral Hospital and the St. John's River Water Management District in Palm Bay. St. John's desires that the hospital find other mitigation opportunities to keep fresh water from discharging into the river. • Mr. Boucher announced this year's Patriot's Day Parade canceled. • Mr. Boucher reported that the Student and Professional Art Shows would proceed on Saturday, March 8th. • Mr. Boucher announced the he and Mayor Randels would attend a day long City/County summit at Brevard Community College in Cocoa along with other City Mayors and Manager and a facilitator who specializes in urbanization issue. The summit will be televised on the Space Coast Government Channel and the purpose is maximizing cost efforts in a collaborative manner. The Chair inquired of the Council for a consensus to extend the meeting for an additional 15 minutes. Motion considered and agreed to extend the meeting until 10:15 P.M. 2. Staff Acting Building Official • Mr. Morley reported that he attended a Construction Industry Licensing Board rules committee meeting regarding a change to 61G15.015 of the Administrative Code. They inserted the words window and door replacement in that specialty contractor area. State statutes require certain requirements from the local municipality if local licenses are issued. Brevard County is already established and beginning March 4t'' they will start to license window and door contractors and the State will now be able to recognize those licenses. Mayor Pro Tem Petsos asked if a resident could obtain a permit to install a window or door? Mr. Morley responded that that has never changed and has always been an option to an owner. He City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 13 replied to Mr. Morgan that an owner of single-family residence has always been allowed to replace windows and doors. City Clerk • Mrs. Stills inquired if Council would consider a Code Review Workshop meeting prior to the next regular meeting on March 4"'at 5:00 P.M. Council members agreed that they would be available. City Attorney Attorney Garganese reported on finalizing the amendment settlement agreement with Fairvilla based on the Community Appearance Board's approval of the sign and their approval is contingent upon the City Council approving the amendment to the settlement agreement. • Attorney Garganese also reported on meeting with the County Attorney regarding the proposed County Water and Sewer District Ordinance. He related that the City's goal is to ensure that the sewer utility is not impacted as well as to minimize any impact to the Cocoa water utility. AUDIENCE TO BE H D• Jim O'Toole • Addressed the Council as a concerned citizen regarding the palm trees that the Beautification Board is proposing for the Al A corridor at a cost of$5K He stated that he found the cost exorbitant. He recounted those who accepted trees as Doug Wilson, the Porter family [former Mayor John Porter], Randall O'Brien, [former County Commissioner]. Mr. O'Toole stated that these few property owners are receiving 45% of the trees at a sum of over$105K Mr. O'Toole mentioned the proposed Publix shopping center and asked if the proposed trees would be uprooted and discarded if the shopping plaza is implemented. Mayor Randels explained that a grant was awarded approximately three years prior and the City invited all businesses along Al A through a letter to have trees on their property. Mr. Gardulski pointed out on a storyboard those properties that were asked and those that had agreed. Mr. O'Toole restated that he found the trees expensive. Mr. Gardulski also stated that the City reviews the site plan prior to development and if a tree were found it would remain. Mr. O'Toole inquired if taxpayer's money would maintain the trees? Mr. Gardulski affirmed. Mr. O'Toole questioned the City's fiscal responsibility. Mayor Randels replied that the Florida Department of Transportation agreed with the project. Mayor Randels stated that each location would receive one monument tree as a focal point and not several trees on one lot. Mr. Morgan pointed out that the Council had some of the same concerns. He also stated that all the businesses that Mr. Gardulski pinpointed on his storyboard were contacted. Mr. O'Toole informed that he had contacted some art students in regard to enhancing the City sign and expounded on such enhancements as a space related commemorative and the City seal. Mr. O'Toole said that he continue to acquire their assistance. Mayor Randels replied that input is welcome. City of Cape Canaveral, Florida City Council Regular Meeting February 18, 2003 Page 14 3, City Council Council members did not make reports at this time. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:25 P.M. Rocky Randels, MAYOR Susan Stills City Clerk E Meeting Type: Regular �� " d ' Ap Meeting Date 03-04-02 i AGENDA . vI". .i •�: aeaaing Consent CIFY 0P Item 2 CAPS CANAMI NO. AG A REPORT CITY COUNCIL OF THE CfI'Y OF CAPE CANAVERAL. SUBJECT: CONSENT: RESOLUTION NO. 2003-08, APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD DEPT./DIVISION: CON 4UNITY DEVELOPMENT Requested Action: City Council consider the appointment of Mr. Bill Leach as a third alternate member of the Business and Cultural Development Board.. Summary Explanation& Background: The Business and Cultural Development Board recommended the appointment of Mr. Leach at their 02/19/03 meeting. Exhibits Attached: Resolution No. 2003-08; Memo from Mrs. Coates,Vice Chair, dated 02/20/03 z Man Mee Department COMMUNITY DEVELOPMENT c1my acuments ' \council\meeting\2003\03-04-03\2003•-08.doc RESOLUTION NO, 2003-08 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1: Bill each is hereby appointed as a Third Alternate member of the Business &Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 12005. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of March, 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan ., Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton . Anthony Garganese, CITY ATTORNEY %(Cape-nttdoerklC#yC[krResolutions'BOAROsWppointrnentsM3usiness&Cultural Development Altemate.doe {�4p�CE 9�d s y° 9 City oCape Ce Canaveral CITY OF CAPE CANAVERAL 'bate: February 20, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Jackie Coates, Vice Chairperson, Business & Cultural Development Board Re: Interview of Prospective Board Member Bill Leach At the Business& Cultural Development Board meeting held on February 19, 2003 the Board members interviewed Mr. Leach and unanimously recommended that the City Council appoint Mr. Leach as an alternate member. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (32 1) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.uslcape e-mail: ccapecanaverai@cfl.rr.com FROM : STEALTH INVESTIGATIVE SVS FAX NO. : 321 7990125 Feb. 05 2003 11:Sa4l P1 baardapp Page 1 of 2 Qity Council I City.Hall I Home Page City of Cape Canaveral City Board Application Please Print and Fru to Our Office at(321)868-1248. Applicant Name: I�-L �� Home Telephone: �" b Horne Addsm. &o CeAl Ty 4-L /3j t- el -- Business: Busium Telephone: Wice Addn--gs: Brief Deception of Education and Experience: fi,4,0CIZ Qfit AIE-lt 0,1 1' i y�^11—IA16- V/ NO: r✓s rr� of �cl��/a��� ��f3 . Axe you a xegistemd votal Yes: 1/ No: T1ave you been a resit of the City for 12 moults or longer?Yes. r` No: Do you curnmW hold a public office?Yes: 1'10.- Am o:Arc you presently employed by the City?Yes: No: At the present time,do you serve em a City Board?Yes: No: ✓ At the pru-xmt t me do any of the following reUti-:s of yoar terve on the City Council=father,mother,sm daughter,b ffior,sister,uncle, aunt,rn-A 000sin.nephew,niece,husband.wife,Zmdparen4 g-mdehild,rather-in-law.mother-in--law,son-in-law,daughter-in-law,brod=-in- la- roster-in-law,stcpffaad=,=Mother.stepson,stepdaughter,stepbrother,stepsister..half brother or half Sister? Yes: No: +/ At the present time,do any of the follawing relativos of yours sezve on any outer City board,commission or special disuiet sp<wse,parent, child,grandpamt or sibling of the whole or half blood? Yes: so, Please specify on which City Board you arc iulanztal in serving.(indicate Prefcttxmer, 1st,2nd 3rd,etc.) .� BcauBfitatian Ewrd ofAdjusbacat• %usinecccn3n�ra; Gude Exfore=3 Crn ty App--- �e a RMd of t..tt�7'Yfy `ptanvir)s&zoning* RacrrstioII bttpJhnyflorida_comleapelboardapp.htmi 2/5/2003 FROM : STEALTH INVESTIGATIVE SVS FRY NO. : 321 7990125 Feb. 05 2003 11:58AM P2 boardapp Pagge 2 of 2 '",members of these Boards Gyre required to complete Finwicial Miclasure lr'orm upon eppoinimeru to said Board and prior to July l5th of each year fallowing the initial appoirumem while still a member of wid Board- Pies-se oar -Please list what you feel are yc)ur gtWiiic:ations to serve as a member on one of the City's Boards: V t° hu or ^%�F-e if:w&4 &P . yr YU le OVA/ //I) &Oxe 60-e vP/G l {a�rf t3 t Pgr s _ � Ori ✓Pr �'�f�/arr �/Ir� �/!/Sty►P SS _Gri�t� fC'cr� tv�'��p l�Su*'S Would you cvnWer m-v}ng are awd=City Board other thao the onc(s)you havc selected on the front of this form? ]tea: No: ✓ AppIicanVs Signature: `j`" �--� Tate: 7e G )PLEASE NOTE: • Initial appointment to any City Board is subject to City Cotmcil approval following a brief mteavww before the City Council at a regularly scheduW meeting • Your spphcation will remain 4e ve for one year from the date of completion • If you should have any questimtts regarding the tx;mpietion of this applioatim pleasc contact the City Clerk's Cfrtoe at 868-122 k. http:f/myOorida_ccm/capelboudapp.htmi 2/5/2(103 WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated to the colonies that would become the United States;and WHEREAS, following the victory at Yorktown over the Enlish, a French major general reported that the Congress owed its existence, and America possibly owed its preservation to the fidelity of the hish,and WHEREAS, at lease 8 signers of the Declaration of Independence were of Irish origin;and WHERF,AS, 18 Presidents have proudly proclaimed their L'ish American beritage;and WHEREAS, in 1892, Irish bona James Hoban, an Irish immigrant, assisted in construction of the United Stated Capital;and WHEREAS, on June 14, 1794, Irish born John Barry was the first naval hero of the American Revolution and became Corrnna rAer-in-Chief of the Unftd States Navy,and WHEREAS, Captain John Barry fought the last.sea battle of the Revolutionary War off the coast of Flmda and saved the United States Treasury;and WHERF,4S, in 1782, Commodore Oliver Perry, an Irish-American, achieved his major naval victory in the Battle of Lake Eric;and WHEREAS, in 1943,the Sullivan brothers made the uttaeuate sacrifice for democracy and frcedom in the world and later had the c mftyer USS Sullivan commissioned in their memory;and WHEREAS, Governors and mayors of over 37 states and cities have or will designate March of this year as"Irish-American Heritage Mom';and WHEREAS, Irish-Amencans continue to provide leadership m this State, County and community in politics,business and the arts of our daily life. NOW, THEREFORE, 1, Rocky Raudels, Mayor of the City of Cape Canaveral, Brevard County,Florida,do hereby proclaim the moth of March,2003,as IRISH-AMERICAN HERITAGE MONTH in the City of Cape Canaveral and do hereby mirage our citizens to observe the mouth by participating in appropriate ceremonies and activities. PaESIEENT ED,+vxRD KELLY Division 2 1236 ;elver lake Jr Brevard County, -1 Melbourne , P11 72940-1 ;50 18 January 2001 ma�'t,2 c'Ap;s (rAn/avaQ Jr,_ ORDER NCIE OF ERNIANS uv Awmca INCORPORATED Organized in New York City, May 4, 1836 FAR May Once again, the Brevard Country Irish-American Community celebrates its heritage. Iver since .its start under the leader- ship of the first exective officer, Irish-American Andrew Jackson, Irish-Americans of Florida have provided leadership in and to their communities . Wte, are very proud of the current State and local leaders who are members of the legislature , Countv_ Councils and City government . Among these leaders have been many'Irish-Americans of whom we are very proud. In the past, the month of March, St Patricks day month, has been dr,signa.ted, "Irish-American Heritage•.Month" . the Ancient Order of Hibarnians will hold a St Patricks Day Parade in 141elbourne , Florida witl� ' the City of Telbourne as co-sponsor. We would also request V,at your office issue a Proclamation designating Burch as , "Irish American Heritager'Yonth" , in support of this celebration of the contributions of the Irish-Americans over the years . ':Ve have provided a few suggested WHEREAS for your review and possible use . We would like to thank ,you for your kind consideration of this re- e t and ar h peful for your approval . t EDW ARD KELLY President, Division 2 , Erevard County, Fl 1236 Silver Lake Drive IVelbourne ,F1 32940-1950 Phone 321 -259-9820 r ic'[i+:r 4= u.r�retJilu[l r Vt'Yt'! U ' tii �E'Llic', Meeting Type. Regutar Meeting Date 03-04-03 j t ,e,r wr AGENDA :r r {:a• ,^ Heading Considerations crt r of Item 4 CAPE CANAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: DESIGN PROPOSAL FROM STOTTLER, STAGG & ASSOCIATES FOR THE NORTH RIDGEWOOD AVENUE STORMWATER DETENTION BASIN DEPT.IDIVISION: PUBLIC WORKS Requested Action: City Council consider approval of the design proposal from SSA for the North Ridgewood Avenue stormwater detention basin in the amount of$13,200. Summary Explanation& Background: City Council requested staff obtain a design proposal from the city engineer for this project. Since this is a stormwater project, funds that are appropriated from the general fund should be reimbursed by the storrawater utility fund in 2004. Please advise. Exhibits Attached: SSA proposal. City Mai r ffice Department PUBLIC WORKS ca im\ docum dmin\council\meeting\2003\03-04-03\s5a.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 24, 2003 SUBJECT: City Council Agenda Item March 4,2003 SSA Design Proposal for Ridgewood Stormwater Detention Basin The City of Cape Canaveral Council had requested that undeveloped Ridgewood Right- of-Way ight- ofWay area be utilized as a Stormwater detention basin. Attached is a proposal from Stottler Stagg & Associates (SSA) for the Design, and Permitting of the proposed drainage basin in the amount of$13,200. This project was not a budgeted project. Recommend the approval of services from SSA in the amount of$13,200 and the appropriation of the necessary funds. . Attachment CC: File February 17, 2003 SSA Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Ridgewood Right-of-Way Detention Basin Design Dear Bennett: Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our fee proposal for design of a detention basin south of Harbor Heights Boulevard. The proposed detention basin would be located in the Ridgewood Avenue rights-of-way, and would typically be a dry basin with collected stormwater percolating into the sandy soils. SSA's specific Scope of Services include the following: SSA SCOPE OF SERVICES Task 1 — Field Surveys SSA will locate the rights-of-way in the field and provide topographic and location surveys in the immediate design area. A concept map wiil be prepared showing City maintenance access to the proposed detention basin and available areas for the detention basin itself. Task 2— Preliminary Designs SSA will first meet with the City's Public Works staff and review conceptual designs for the proposed detention basin. Maintenance considerations as well as hydraulic concepts will be discussed. Preliminary drawings will be furnished to the City for review along with hydrologic modeling for the detention basin. Upon approval of the City, SSA will prepare final drawings. Task 3 — Final Designs SSA will prepare final drawings for the detention basin. The SSA work will include bid documents which will allow the City to contract out the work. SSA will also include an engineers' estimate of probable construction costs. STOTTLER STAGG & ASSOCIATES ARCH ITE'UN • 17NGINEERS • PIANNERS,INC;. 8880 Nor(h Maio ic,Aveniir P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-7837465 i.ic.#AA0000 29 OEBC00CT62 #LB0006700 j.Wvkrejects%propcsahc9V of cape eanaveraR2003 proposals4p-hemett ridgewood r-w dekerlion,doc Mr. Bennett Boucher February 17, 2003 Page 2 SSA Fee Proposal— Ridgewood RNV Detention Basin Task 4— Permit Application SSA will meet with the St. Johns River Water Management District (SJRWMD) at an early stage of the design phase to explore an exemption for this work. If this cannot be issued by the SJRWMD, a minor construction permit will be pursued by SSA. SSA will prepare the SJRWMD application and the City will pay all application fees. SSA's application work will include one (1) request for additional information from the SJRWMD. Task 5 — Construction Services (OPTIONAL TASK) If requested by the City, SSA will provide a construction services proposal following the completion of the drawings and SJRWMD permit. SCHEDULES AND FEES Schedules: Upon receipt of a City of Cape Canaveral Purchase Order SSA complete Tasks 1 and 2 within twenty (20) working days. Final schedules will be issued following the City's review. Fees: SSA will perform Tasks 1 thru 4 for a lump sum fee of $13,200. Print costs, other than the four (4) sets, will be billed to the City. Fees will be billed monthly based on a percentage of work completed and payment will be due within fifteen (15) days of receipt. Additional work authorized in writing by the City that is not specifically included in this proposal, such as follow-up coordination work with land owners, additional City meetings, etc., will be deemed as additional services upon City's written authorization to proceed and will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justification for re-negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub- consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. jich 4rojec[slproposalkq of cape canaveraft2003 proposa4p-bennett ridpwood r-w daseMion.doc Mr. Bennett Boucher February 17, 2003 Page 3 SSA Fee Proposal— Ridgewood R(W Detention Basin The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through April 15, 2003. Acceptance after this date may necessitate increased fees or altered conditions. Bennett, your authorization of this proposal can be accomplished by the appropriate City signature below and our receipt of a signed copy. SSA is looking forward to working with the City on this project in Cape Canaveral, Sincerely, ACCEPTANCE: Stottler Stagg & Associates Architects, Engineers, Planners, Inc. BY: John A. Pekar, PE Vice President TITLE: JAP:jls DATE: j:lcivil ojeds%proposa0eity of cape oanaverah2003 proposaMp-bemed ndgewaod r-w deterlion,doc E Meeting Type: Regular C3 Meeting Date 03-04-03 1r�i'• r' .� • AGENDA tiff �� Heading Considerations . MY Or Item CAPECANAYERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RENEWAL OF THE LANDSCAPING AND MOWING SERVICE AGREEMENT WITH NICK'S LANDSCAPING DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the fourth annual renewal of the landscaping and mowing services agreement with Nick's Landscaping as recommended by the public works director. Summary Explanation& Background: The following is an outline of the base bid and the cost of additional services requested by the public works director. 2002 Beautification Fund Base Price $ 82,100.44 Additional Right-of-Way Ma $ 5,250.00 Manatee Park Mo $ 4,080.00 Manatee Park Tree T ' $ 2,224.00 Additional Trees Planted $ 336.00 Total Beautification Fund $ 93,990.44 Total Sewer Fund $ 8,950.00 TOTAL CONTRACT RENEWAL $102,940.44 I recommend approval. Exhibits Attached: Public Works Director's Memo dated 02-21-03 City Ma ee Mee Department PUBLIC WORKS/BEAUTIFICATION cape- m\mydo uments \council\meeting\2903\43-04-03\nicks.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 21,2003 SUBJECT: City Council Agenda Item for March 4, 2002 Forth Annual Landscaping and Mowing Contract Renewal Council had requested that Staff arrange the City's two mowing contracts to terminate at the same time so that one larger contract could be advertised for bid. Hence, on January 23, 2000 the City advertised for landscape services for the City right-of-ways and the Treatment Facility. A prebid meeting was held at the City Hall Annex on Tuesday, February t at 3:30 to answer any questions. At this meeting the Bid Opening date was extended to February 23, at 3:00 PM. At the time of the bid opening, the City received three bids. All Bidders' packages were in order. The low bidder was Nick's Lawn Services in the amount of$91,050.44. This bid award will be an annual contract that is renewable yearly up to five years. City Council awarded Bid no 2000- 01 to Nick's Landscaping on March 7, 2000. On March 6, 2001, and March 19, 2002 City Council renewed Nick's Landscaping for a second and third year. Although Nick's Lawn Service has inquired additional internal expenses and cost increases, these changes did not impact the unit bid price awarded March 7th, 2000. Nick's Lawn Services has agreed to absorb his cost increases and honor the original bid line items prices. Although,Nick's Lawn Service has requested an increase in the number of required cuts during the growing seasons in the amount of$5,250 per year. Also, due to the increased number of additional trees, there will be an increased cost of $336.00. More so, Staff requested a price to service Manatee Park. The cost for lawn cutting $4,080.00 and tree trimming $2,224.00 per year. Nick's Lawn Service work has been satisfactory and responsive to the City of Cape Canaveral's needs. The award of the bid is a unit price contract based upon work satisfactory performed within the bid areas and payment will be paid through the appropriate funds; i.e. Enterprise Fund - $8,950, Beautification Fund $87,686.44 (Manatee Park $6,304). Recommend the forth years renewal of Nick's Landscaping annual landscape and mowing contract. Attachments CC: File 02/11/2003 YON 20:50 FAX 321 459 3409 RECEIVED 001!001 916 FEB 1 2003 Lawn ServiceWholesale Mulch ► Landscaping Pressure Cleaning Irrigation Professional Tractor Work Fully Stocked Greenhouse Landscape Maintenance Parking Lot Sweeping City of Cape Canaveral 18 February 2003 105 Polk Avenue P.O.Box 326 Cape Canaveral,FL 32920 Attn: Kay McKee 1. Request the following change order be made to the Grounds Maintenance contmet: a. Increase the number of cuts for roadsides to two during June—October this will help to eliminate trash and debris and give the roadsides a better appearance. The additional cuts will cost$5,250.00 per year. b. Add Manatee Park on the same cutting schedule as Roadside. The cost will be$4,080.00 per year. c. Add Manatee l'ark's Patin Trees to the trimming schedule. The cost will be 139 Palms X$16.00=$2,224.00 per year. d. Increase the number of Palms at the Sall Fields by 21. The additional trimming will cost$336.00 per year. 2. if there are any cp+cstiocis please L d jr- NICK STIPANO CH Owner 140 North Tropical'Trail,#18 • Merritt Island, Florida 32953 Phone: (321)453-8910 * Fax: (321)459-3409 a E-mail: nics lownViaellsouth.net 02/13/2003 TRU 2:02 FAI 321 459 3409 @001/001 Lawn Service ► Wholesale Mulch Landscaping Pressure Cleaning Irrigation Professional Tractor Work Fully Stocked Greenhouse Landscape Maintenance Parking Lot Sweeping RE-CEIVED City of Cape Canaveral 15 February 2003 FEB 13 2043 105 Polk Avenue P. O.Box 326 Cape Canaveral,FL 32920 Attu: Ed 1. Although Nick's Lawn Service has inquired cost increase for gasoline apd labor however, this will not affect the contract price f'or the City of Cape Canaveral for the year 2003. Nick's Lawn Service will honor the current contrast prices for the next year on all line items. 2. Request the following changes be made to the Grounds Maintenance Contridct, a. Change the number of Palm Trees to be trim to include the Trees planted in 2001 and Manatee Park if trimming is required. b, Increase the munber of cuts for roadsides to two during rune—October this will holp to eliminate trash and debris and give the roadsides a better appearance. NICK STIPANOVICH Owner 140 North Tropical Trail, #18 • Merritt Island, Florida 32953 Phone: (321)453-6940 0 Fax: (321)459-3409 * E-mail: nioslawn@bellsouth.net BID TAB SHEET GRAND TOTAL Y. BID AREA- LANDSCAPED AREA 1.. Mowing, Hedge Trimming, ,,v 9, s-o g. 2. Palm and Tree Trimming II. BID AREA- RIGHT OF WAYS 1. Mowing and Edging 14 �a 0, 0 D III. BID AREA--WIR PLANT & LIFT STATIONS 1. Water Reclamation Plant K .0/8100 2. Lift Stations _ _�t fl. .0-0 TOTAL OF AREAS I, II, AND III ' VENDOR INFORMATION: Name: NICK' S LAWN SERVICE Responsible Party: NICK STIPANOVICH Address: 140 N. Tropical T FL 32953 Phone: 407 453-6910 ATrACrn CW"B„ BID TAB SHEET 1 Bid Area-Landscaped Areas Unit Cost _Times per Year Task Cost Toff Cost A Cfty Hao Annex Mowing Operates L�lt 38 r 3 JL lI Hedge Trit mirig 0 13J I O Palm Tdnuniv ! ID e 1 p 7C1!IN) /y I N e.e 10 SUB-TOTAL. ilk O SV 040 40 B. Recreation Complex Mowing Operaiax 38 , •5.1. Hedge Trinening I/D r b IJ 13 r�nrd I� Palm Trimmirq +� 04 1 a kb" 14&e— to SUB-TOTAL Y 1 6 40 C. Xeriscape Perk _ q Mowirg OP-9— 38 SJ•`�� Hedge Trimming 13 tt Pain Trimming l 'P_0 J)40 TA SUB-TOTAL .�S'D d I rj�•c7 p � D. WasNowiton Park p M-*V OP-60- �- 3e Fledge TranmkV .Q 13 PalmTrj Ti,0Z SUB TOTAL • 7, �7 E Canaverat S Canaveral Beady Blvd Mowing Operali— I��•`� 38 ,ay,9 Hedge T6nv&g 13 TS6 o C PatmTnnmV I SOD 1 i.40 p/1 rna.e- SUB.TOTAL F. R7doewood.E.Central.W.Central _ mowuv OP-6-3 p� 38 Hedge Tdmn** O L1. p+� 13 Palm Trim I*v I i to l) 1D /l►�� SUB-TOTAL JtS•d 1 /�' f9t / G. Harbor Mowkv Operadom J. 38 / }ledge Tdmn*p a o,a Q 13 6 I? SUB-TOTAL r d L�T� iI •— r 0 ATTACHMENT'A' BID TAB SHEET Unit Cost Types per Year Task Cost TOW Cast H. 401 l„owkg Operaf— I jI, 96 HodgeTdm"*Q r V 13 _ 'A to Palen Tdmmkg Wbo 'Tri a.Z SUB rOIAL a L COkimbla Dr. J M1awkv Operas— S 38 Z {7 Hedge TidmrW g - - C•- Q 13 Palen Tdmnkg 1 d 1 J_ Lkniser CL Mlowkg OPnsBo" 38 r Hedge Tdm ft 13 —Lis'a Palm T&MY" 1 4!5k— A e4?, , SUB-TOTAL K Tower Blwd.WHIMS L4*Wk g Openff— ,�! 38 Hedge Tdn r*v s O v 13 PaknTmvniv SUB-TOTAL J],� !l{7 L. PabWs Pad[ �7 M-Aw OPaa0— 38 • Hedge TMwning s• 13 S PalmTdreetkg l(�sD0 1npiok f I '"ry► ��r� SUB-TOTAL >s- ,D 11 j IJiAD s 7L, 76 K Veterans M emodal Pads mowYg Opwmk- . r Z 38 '1� Hodge Trklaring .d 13 �9J • d Palen Trkrrnkg i 1l��/I `' SUB-TOTAL $ --�' Mlm(AV Operations (J�. 3a J�(c Hedge Tdmmhg 1;�i U 13 s. .o V Palen T,k"R*V ,o 0 1 r .O 10 7��� �t suBTorAL ��rQls 1 1� �$b •eD Jt `l�` y BID TAB SHEET it Bid Ana-itlght of Ways lkrt Cosi _Times per Year -- Task Cost Total Cast A. N.Alandc Ave jf +fi Mowing OP-6— � i2 eea ' ab.0() ESD ---- sem 10 a 0.©� SUB-TOTAL lie B. Qmw Blvd, Mowing OP-6— �d 12 +fin Edging _,_, c�©•d�. 10 t��d ��� SUB-TOTAL r 9!&•o b C. Ave.&Be*%Encls 1+towiip OPetafons _�_4_L�� 12 jca�C$ Edging _�D d,tea 10 $UB-TOTAL12, D' 1A ari� Mowing OPeroff" ��V•�V 12 a�JIM,00 Edging D f) 10 SUB-TOTAL M Bid Area-waisr fiaetamation Piaci Moog vie, 8' blas v� SUB-TOTAL � lift si�r�a�u Mowing Operations �!%.b 12 Od�6tt7 EdgbV 12 BUS-TOTAL r0 o NOW Qumass are for wakmftn pilmas only Acts)quare - subject b d-90- Bid Tab sheers must be submiitad wffi Bid Package. w Meeting Type: Regular Meeting Date 03-04-03 ........ AGENDA Reading Considerations io m 251 CfTy OF Item 6 CAM CANAVUML No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FROM AS CURB/CONCRETE FOR SR AIA SIDEWALK AND DRAINAGE RqPROVENIENTS DEPT./DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal from J&S Curb/Concrete,Inc. for SR Al A sidewalk and drainage improvements in the amount of$32,098 as recommended by the public works director. Summary Explanation& Background: The sidewalk and drainage improvements are in conjunction with the West SR Al A pedestrian bridge(see attached drawing). A FDOT permit has been issued. FDOT required drainage improvements are$19,290. Sidewalk and striping are$12,728. Recommend using the Brevard Transportation Impact Fees to fluA these improvements;$57k is available. I recorruneW approval;J&S Curb/Concrete,Inc. was awarded the City bid for concrete work. Exhibits Attached: Public Works Director's Meim of 02/10/03 City Man offs Department PUBLIC WORKS/STREETS n-\-CouriciT7M-eeting\200 3\03-04-03\j&s.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 10, 2003 SUBJECT: City Council Agenda Item for March 4, 2003 AlA Sidewalk and Drainage Construction, J & S Curb On January 15`h, 2002 City Council approved the design build of the west AIA Pedway Bridge in the amount of $45,000. In addition to the construction of the bridge, drainage improvements and sidewalk are needed. SSA has completed the design and FDOT has approved the permit for construction. The project is within the scope of the City's Prime Path goal established in 1994. Attached is a copy of the City's Prime Path sidewalk plans. Capital Funds have not been budgeted for this project. On January 15, 2002, City Council approved the authorization to fund the project through the Brevard County Impact Fee using an inter -local agreement. Attached is a copy of January 15`h minutes. The City of Cape Canaveral received three quotes for this project and J&S Curb price was the lowest. Attached is the written quote from J&S Curb in the amount of $32,018. The cost of the sidewalk and Thermo Striping is $12,728.00. The cost for FDOT required drainage improvements as the result of the sidewalk is $19,290.00. This project will be eligible for county impact fees. J&S Curb has performed work for the City of Cape Canaveral. For example, this company did a great job on the Circle K & Oak Lane beautification project and constructed sidewalk within the Harbor Heights Subdivision. Recommend the approval of sidewalk construction by J & S Curb in the amount of $32,018 and appropriation of the necessary funds. Attachments cc: File ,/2412073 14:85 6345744 I Lx 9ro. 1707 Bbn St. Suite D Rockledge, FL 32955 321-632-5333 ( Phone ) 321-634-574 ( Fax ) i . Ca" COMMMral �.� BEd w '799-4980 i J S SiTEWCW �c -,5S A-,qyp F4�k- i �`dra+ewifik Farm # I1e�ri�a mcg G 1<wlfst (Z ) Al Dk W/ TV" 4 [ Y ) Lop omt & Ar -aunt Estimate taAESfiMATE NO. j - i lE4/�teV3 TE 176 ! PROJECT i Co�b�a �E'i*� AYA O�fatl�do Wr PRICE QTY TOTAL t V 3,r4� TO Ip.# "00 i Z.90 } 7.648.00 7J45.00 SLAW 00 i ; ?,,500 00 6.745.00 I 5.746-00 I x,00.00 I Z*M" TOTAL S><swae WMTURE Council Member Morgan CONSIDERATIONS: Page 1 of 1 7. Design/ Build Contract with Stottler, Stagg and Associates for the AIA West Pedway Bridge in the amount of $45,000. Mr. Pekar explained the similarities in this bridge and the Porter Bridge and stated that project completion is possible within a 90 -day window once permits are acquired. Mr. Weber referred to the different type of construction concept? Mr. Pekar explained that a different design consideration was necessary due to crossing the reuse fine at the north and south end. He stated that there would be less of a turnout than the Porter Bridge. Mr. Pekar said that benches might be used at the bridge's north/south entrances. Mr. Treverton asked for specifics on the price reduction from $70,000 to $45,000. Mr. Pekar responded that working with the contractor from the project's inception fast tracked the process and subsequently transferred the savings to the City. Mr. Pekar stated that the firm formed a partnership with the same contractor of the Manatee Sanctuary Park boardwalk. Mayor Pro Tem Petsos questioned the use of a geotechnical engineer insofar as the need and cost? Mr. Pekar responded that $800 to $1,000 is needed for soil borings at either abutment. Mayor Pro Tem Petsos also questioned the need for any special surveys, special sub -surface design and environmental studies submission requirements and asked if these were anticipated? Mr. Pekar responded that this section is a catchall for possible costs. Mayor Pro Tem Petsos also questioned if insurance were necessary? Mr. Boucher would confirm with the League on insurance. Mayor Pro Tem Petsos clarified that the geotechnical engineer and permitting were the only anticipated cost above the stated amount. Mr. Pekar approximated permitting at $500. Mr. Boucher asked for authorization to fund the project through the Brevard County Impact Fee using an Inter -local agreement. He also requested to place the $38,000 from the Porter Bridge into the street re -surfacing fund. Mayor Randels clarified that the motion to approve the design/building contract would include the action to fund the project through Brevard County Impact fees and to place the $38,000 from the Porter Bridge into the street re -surfacing fund. Mr. Bruns pointed out that there was no sidewalk on the north/side sides of the bridge He commented that at this time there is no pedestrian or bicycle access. Mayor Randels stated that funds are in escrow for a south end sidewalk and Mr. Boucher concurred that 1,500 feet of sidewalk is budgeted for that section of the roadway. Mr. Bruns responded that funding for such sidewalks are better served from the Cape View School to City Hall. Mr. Gardulski affirmed for Mayor Pro Tem Petsos that a sidewalk route to City Hall is available and he would forward the same to the Cape View Elementary School. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Design/Build Contract of the West Side A1A Pedway Bridge in the amount of $45,000 to include funding from the Brevard County Impact Fees and to transfer the $38,000 from the Porter Bridge to the street re -surfacing fund and include any additional request from the Brevard County Impact Fees for Extending Sidewalks. The vote carried on the motion 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. http://www.myflorida.com/cape/Minutes/01-15-02.htm 02/25/2003 tilt ` lEEE r Jill I 1 of t-------------- r- - ------ _ iii io> viiia nuru 1 1 I I k ' smarm 0 m m Meeting Type: Regular Meeting Date 03-04-03 AGENDA Hag Considerations Item 7 No. perpetual public beach access easement. AGENDA REPORT CITY COUNCM OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: DEVELOPMENT AGREEMENT WITH THE SEAPORT OCEANFRONT CONDON[INIUM ASSOCIATION, INC. FOR A PERPETUAL PUBLIC BEACH ACCESS EASEMENT DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of the development agreement with the Seaport Oceanfront Condominium Association, Inc. for a perpetual public beach access easement. Summary Explanation & Background: On 12/11/02, the Planning & Zoning Board approved the site plan for Village 7 within the Villages of Seaport subdivision with the condition of providing to the City, once Shorewood Drive has been dedicated, a five-foot perpetual public beach access easement. See attached development agreement and easement. Exhibits Attached: P&Z Minutes/City Attorney Memo and Development int City Mana Office Department GROWTH MGMT/P&Z cap \mydo omen a ' \council\meeti.ng\2003\03-04-03\easement.doc Planning & Zoning Board Meeting Minutes December 11, 2002 Page 3 Motion Re: Site Plan of Villages of Seaport - Village 7 - Scott Nickle, Bussen Mayer Engineering, Project Engineer. Mr. Todd Peetz, City Planner advised that there were two issues remaining to be resolved for this site plan. The first was a binding developers agreement addressing the requirement for public beach access. Mr. Peetz advised that the developer's idea is to utilize Shorewood Drive when it is turned over to the city as a public road along with the Northern boundary of Villages property for beach access; the second was a fire safety concern modification to Village 6 access which was changed to accommodate drainage requirements for Village 7. Assistant Fire Chief, John Cunningham explained that originally Ridgewood access came through Villages, there was an access road through Villages 6 (Bldgs. 63, 64 & 65). With Village 7 coming into effect the access road was removed. He advised that the fire department had a problem now with emergency access because the road is only 12 ft. wide. The fire department subsequently has made the developer provide access in between the buildings to give them access to the inside buildings without needing to travel on the non -conforming road. Mr. Cunningham advised that the new plan meets the fire department's requirements. He stated that he has his requirements in writing and has the commitment in writing. He explained that basically the agreement states that the developer will not occupy buildings 63, 64 & 65 in Village 6 until the road between the buildings is in service and meets the fire department's requirements. Building Official Reid advised that the two attachments that Mr. Cunningham was referring to has not been furnished to the Building Official and he had nothing in writing however, if the fire department is satisfied with emergency access then the building dept. is satisfied. Mr. Peetz advised that Village 6 needs to come back to the Board for a revised site plan approval. Discussion followed regarding the revisions to Village 6. Building Official Reid noted that a construction drawing should be attached as an exhibit to the developers agreement regarding the future public beach access. Mr. Pat Salamone verified that no building permits would be acquired for Village 7 until the fire access requirements for Village 6 are completed. Discussion continued. Motion by Mr. Russell, seconded by Mr. Nicholas to approve the Site Plan of Villages of Seaport - Village 7 with the following contingencies: I . A developers agreement shall be approved by City Council for public beach access that would include all pertinent conditions and stipulations to include handicap accessibility and construction drawings. 2. Drawings shall be submitted showing the relationship between Phases 6 and 7 with respect to fire access. Fire access modifications to Phase 6 shall be completed prior to building permits being issued for Phase 7 and prior to the Certificate of Occupancies being issued for Phase 6. Brief discussion followed for clarification. Mr. Salamone agreed to the contingencies of approval. Vote on the motion carried unanimously. Recommendation to the Board of Adjustment Re: Special Exception Request No. 02-11 to Allow Residential Use in the C-1 Zoning District, Block 19, Lots 5-8 and 12-16, Corner of Madison and Monroe Avenues - Norm Boucher, Petitioner. BROWN, WARD, SALZMAN & WEISS, P.A. Usher L. Brown ` Suzanne D'Agresta' Anthony A. Garganese" Gary S. Salzman° John H. Ward Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law Attorneys at Lav Offices m Orlando, Kissimmee, Cocoa & Viera February 20, 2003 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE: Villages of Seaport - Village 7 City of Cape Canaveral 1 Our File No. 513-001 Dear Bennett: Debra S. Babb Jeffrey P. Buak Todd K. Norman John U. Biedenharn, Jr. Joseph E. Blitch Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos Erin J. O'Leary Of Counsel Enclosed is the Development Agreement and Perpetual Public Beach Access Easement Agreement for the aforementioned project. These agreements have been reviewed by the developer and his attorney, and we have made the necessary revisions, as requested. Please ensure that this item is placed on the next City Council agenda for approval. VeryArtqy yours, �6 - Anthony A. Garganese City Attorney AAG: jf Enclosures 225 East Robinson Street, Suite 660 • P.O. Box 2873 - Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.oriandolaw.net • Email: firm@orlandolaw.net DRAFT 2-24-03 Prepared by and return to: Anthony A. Garganese, Esquire City Attorney of Cape Canaveral Brown, Ward, Salzman & Weiss, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407)425-9566 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (herein referred to as the "Agreement"), made and executed this day of , 2003, by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920, and THE SEAPORT OCEANFRONT CONDOMINIUM ASSOCIATION, INC, a Florida corporation (hereinafter referred to as "Owner"), whose address is . WITNESSETH: WHEREAS, Owner owns certain real property located along the Atlantic Ocean within the City of Cape Canaveral, Florida, as legally described herein; and WHEREAS, Owner desires to construct a condominium project on the Property called Villages of Seaport - Village 7; and WHEREAS, Sections R-1.1 and CM 9.3 of the Comprehensive Plan of the City of Cape Canaveral provide that the City shall continue with its efforts to obtain public beach access and to enforce public access to beaches; and WHEREAS, the City desires to obtain and Owner desires to provide beach access across Owner's property in compliance with the City's Comprehensive Plan, and WHEREAS, the parties acknowledge, however, before beach access can be provided, the private road access along the northern boundary ofthe Property (Shorewood Drive) must be dedicated to the City by a third party that is not a party to this Agreement; and WHEREAS, it is the intent of the parties that once Shorewood Drive is dedicated to the City, Owner shall convey a public beach access easement to the City under the terms and conditions of this Agreement; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Agreement is consistent with the City's Comprehensive Plan as well as the City Code of Ordinances and is a legislative act of the City Council of the City of Cape Canaveral. Page 1 of 7 DRAFT 2-20-03 NOW, THEREFORE, in consideration ofthe mutual covenants and mutual benefits herein contained, and other good and valuable consideration, which the parties acknowledge as having been received, the parties agree as follows: 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this Agreement. 2.0 Intent and Purpose. The intent and purpose of this Agreement is to convey a perpetual public beach access easement to the City over, under, and on the easement Property described in Paragraph 3.0 of this Agreement. 3.0 Easement Property. The real property subject to this Agreement and easement is legally described and depicted on Exhibit "A," which is hereby fully incorporated herein by this reference (hereinafter referred to as "Property"). 4.0 Conveyance of Easement. The parties acknowledge and agree that a private roadway, Shorewood Drive, abuts the Property and the proposed Villages of Seaport - Village 7 condominium development. It is understood by the Owner and City that Shorewood Drive will likely be conveyed and dedicated to the City as a public roadway and at such time the public will have access to the Property. Owner agrees that at such time the City notifies Owner in writing that Shorewood Drive has been conveyed to the City, Owner shall within five (5) business days of receipt of said notice execute and deliver to the City the Perpetual Public Beach Access Easement which is attached hereto as Exhibit "B," and fully incorporated herein by this reference (hereinafter referred to as "Public Beach Access Easement"). The City shall have the right to record said Public Beach Access Easement in the public records of Brevard County, Florida. As deemed necessary by the City to secure priority of the Public Beach Access Easement over all liens, mortgages, or encumbrances, Owner agrees to fully cooperate and arrange in obtaining joinders or consents from any party that may have an interest in the Property, including all mortgage companies. 5.0 Owner's Representations and Warranties. Owner hereby makes the following representations, warranties and covenants, all of which shall continue after and survive the execution of this Agreement: 5.1 Owner has good marketable fee simple title to the Property, free and clear of all encumbrances. 5.2 There are no suits, actions or proceedings (including any proposed zoning changes or condemnation proceedings) pending or, to the Owner's knowledge, threatened against Owner or affecting the Property. Page 2 of 7 DRAFT 2-20-03 5.3 Owner has received no written or oral notice of any claims, demands, litigation, proceedings or governmental investigations pending or threatened against or related to the Property, which claim, demand, litigation, proceeding or governmental investigation could result in any judgment, order, decree or settlement which would adversely affect the Property. 5.4. Owner has not received any uncured written or oral notice that the Property is not in compliance with any federal, state or local statute, ordinance, rule, regulation, requirement or code, including, without limitation, building, fire, health, environmental and safety codes, relating and/or applicable to the ownership, use and operation of the Property. 5.5 Owner has full right, power and authority to execute, deliver and perform this Agreement without obtaining any consents or approvals from, or the taking of any other actions with respect to, any third parties. This Agreement, when executed by and delivered by Owner and City, will constitute the valid and binding agreement of Owner, enforceable against Owner in accordance with its terms. 5.6 Neither the execution of this Agreement nor the consummation of the transaction contemplated hereby will constitute a violation of or be a conflict with or constitute a default under any term or provision of any agreement, lease, deed covenant, or other obligation to which Owner is a party or by which Owner or the Property is bound. 5.7 There are no leases, options, purchase agreements, tenancies or land contracts affecting the Property or any part thereof. 5.8 To the best of the Owner's knowledge, Owner represents that there do not exist any hazardous substances, as defined by state and federal law, at, on, under or about the Property. 6.4 Covenant Not to Further Encumber. Owner shall not lease, sell, or otherwise convey the Property without City's express written consent. In the event any lien, mortgage, or encumbrance exists or is placed upon the Property prior to the easement being conveyed and recorded by the City, Owner shall cause same to be removed at Owner's sole expense prior to the conveyance of the easement or, alternatively, Owner shall obtain and record all joinders or consents deemed necessary by the City to secure priority of the Public Beach Access Easement over such liens, mortgages, or encumbrances. Failure to remove any such lien, mortgage and encumbrance or obtain the necessary joinders or consents within Page 3 of 7 DRAFT 2-24-03 thirty (30) days after notice is given to Owner by City, shall constitute a breach of the Agreement and City shall have all remedies for damages provided by law or in equity (including specific performance and injunctive relief). 7.0 City Right of Entr. Upon the effective date of this Agreement and prior to the conveyance of the Public Beach Access Easement to the City, Owner hereby grants the City and its duly authorized agents and contractors an unconditional right of entry on the Property to plan for the design, construction and maintenance of the Public Beach Access Easement. 8.0 Successor and Assigns. Owner shall notify the City, in advance and in writing, of any transfer of ownership of the Property. This Agreement shall automatically be binding upon and shall inure to the benefit of the successors and assigns of the Property. 9.0 Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida and the Cape Canaveral Code and Comprehensive Plan. The parties agree that venue shall be exclusively within Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all such federal disputes or actions. 10.0 Amendments. This Agreement shall not be modified or amended except by written agreement executed by all parties hereto and approved by the City Council of the City of Cape Canaveral, 11.0 Entire Agreement; Headings. This Agreement contains the entire agreement between the parties as to the subject matter hereof. Paragraph headings are for convenience of the parties only and are not to be construed as part of this Agreement. All references to whole paragraph numbers (e.g,, 15,0) shall include all subparagraphs thereunder (e.g., 15.1, 15.2, and 15.3). 12.0 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the City shall have the unconditional right to either terminate this Agreement, modify this Agreement with the Owner's consent, or remain in the Agreement as modified by the court. 13.0 Recordation. Upon full execution of this Agreement by the parties, this Agreement shall be recorded by the City in the Public Records of Brevard County, Florida, and shall run with the land. 14.0 City's Police Powers. Owner acknowledges and agrees that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Any City permits Page 4 of 7 DRAFT 2-20-03 issued on the Property prior to the effective date of this Agreement that are in conflict with this Agreement are hereby deemed null and void. 15.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the City's potential liability under state or federal law. 16.0 Notices. All notices and correspondence in connection with this Agreement must be in writing. Notice and correspondence shall be sent by first class mail or hand delivered at the addresses set forth below or at such other addresses as the parties hereto shall designate to each other in writing: 16.1 If to City: Mr. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Telephone: 321-868-1230 Facsimile: 321-868-1224 16.2 If to Owner: The Seaport Oceanfront Condominium Association, Inc. 8850 North Atlantic Avenue Cape Canaveral, Florida 32920 Telephone: 321-242-9005 Emergency Telephone: 321-784-6400 17.0 Waiver. Any forbearance by the City in exercising any right or remedy under this Agreement shall not constitute a waiver of or preclude the exercise of any right or remedy. 18.0 Indemnification and Hold Harmless. Owner agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, and its Council members, employees, officers and city attorneys (individually and in their official capacities) from and against any and all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorneys fees through all administrative and appellate proceedings); directly or indirectly arising out of or resulting from any act or omission of Owner, and its employees, agents, and contractors under this Agreement and/or in default of this Agreement. 19.0 City's Right to Seek Equitable Relief. Owner agrees, acknowledges and recognizes that any breach of this Agreement by Owner shall result in irreparable harm to the City. Owner agrees that in addition to and not in lieu of all legal and equitable remedies Page 5 of 7 DRAFT 2-20-03 available to City by reason of such breach, City shall be entitled to equitable relief (including, without limitation, specific performance and injunctive relief) to enjoin the occurrence and condition of the breach. In addition, should the City have to exercise eminent domain powers to secure the Public Beach Access Easement, Owner hereby acknowledges and agrees that Owner will not contest such exercise of authority by the City because it serves a valid public purpose. Further, Owner acknowledges and agrees that consideration for the Public Beach Access Easement has already been fully paid to Owner by City and that no further compensation of any kind would be due Owner by City in any eminent domain proceeding initiated by the City to acquire the Public Beach Access Easement. 20.0 Attorneys' Fees. The prevailing party in any litigation arising under this Agreement shall be entitled to recover its reasonable attorneys' and paralegal fees and costs, whether incurred at trial or appeal. 21.0 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither party is authorized to, nor shall either party, act toward third persons or the public in any manner which would indicate any such relationship with the other. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WITNESSES-. Print Name: Print Name: CITY OF CAPE CANAVERAL, a Florida Municipal Corporation: By: Rocky Randels, Mayor Page 6 of 7 Print Name: Print Name: STATE OF FLORIDA COUNTY OF BREVARD OWNER: Name/Title DRAFT 2-20-03 I hereby certify that the foregoing instrument was acknowledged before me this day of 12003, by ROCKY RANDELS, MAYOR, ❑ who is personally known to me, or ❑ who has produced as identification. NOTARY PUBLIC STATE OF FLORIDA COUNTY OF BREVARD I hereby certify that the foregoing instrument was acknowledged before me this day of ,2003, by of The Seaport Oceanfront Condominium Association, Inc., C1 who is personally known to me, or ❑ who has produced as identification. NOTARY PUBLIC F:1Docs\City of Cape CanaverallVillages of SeapoRlVillages_of Seaport V2.wpd Page 7 of 7 T� V Q 1 ro o a :�E , a ro c ro a` rn n^_ J O O b 0 0 N O n O O 7 � O "z LA d D L4 L mco ta O C31 N N C Q7S ip m 07C O D �p rn n � c r, ^ p rn E mop R^A m'.- n n o a -'A An y m 3 s a- m A Lh ^ me -5 , 00� p ^ m a n 0_ n A ^ p p rt A 4 i1 4�A S� G v- po .yip n'cA mn cn� mm u �h--nz fj y•• (T p .� � K m O ^ u XmM n A = p dV m w 'o �c » inw ;L 3 ^ Z p ,Co a m W - 0 3 ap n �R m o aopp.o un 3 ^. 36e out m » N p aW�o'u�rt a �n "°nm °c n EXHIBIT "A" m=� Ro =or s rn AoZ, N 2 ; W� ,4T sem` i5t4,,w r C� CmM pZi^ Z 1 5 c m 0-09 my Z LC Z '[- Q[ *0 m Z Z Z RIDGEWOOD AVENUE EXTENSION s.a, ----------- - WEST m=� Ro =or s rn AoZ, N 2 ; W� ,4T sem` i5t4,,w r C� DRAFT 2-20-03 Prepared by and return to: Anthony A. Garganese, Esq. City Attorney, City of Cape Canaveral Brown, Ward, Salzman & Weiss, P.A. P.O. Box 2873 Orlando, Florida 32802-2873 PERPETUAL PUBLIC BEACH ACCESS EASEMENT AGREEMENT This Grant of a Public Beach Access Easement Agreement (hereinafter "Agreement") is made this day of 2003, by THE SEAPORT OCEANFRONT CONDOMINIUM ASSOCIATION, INC, (hereinafter "Grantor"), in favor of the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, (hereinafter called "Grantee"). WITNESSETH: WHEREAS, Grantor is the sole owner in fee simple of certain real property in the City of Cape Canaveral, Brevard County, Florida, which is more particularly described and depicted in Exhibit "A" attached hereto, and by this reference fully incorporated herein ("Property"); and WHEREAS, Grantor's Property lies adjacent to the Atlantic Ocean, and WHEREAS, for the benefit of the public and in accordance with a Development Agreement between the parties, dated ("Development Agreement"), Grantee desires to accept the access to, and use of, the Property; and WHEREAS, Grantee believes there is a public need for the use of the Property to provide public access to the beach along the Atlantic Ocean and that said access is required by the City's Comprehensive Plan; and NOW, THEREFORE, in consideration of the enumerated public purposes stated herein, and the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor provides as follows: Recitals. The foregoing recitals are acknowledged to be true and correct and by this reference are hereby incorporated into this Agreement as if fully set forth herein. 2. Grant of Easement. Grantor hereby voluntarily grants and conveys to Grantee, its successors and assigns, on behalf of the public, a perpetual five (5) foot access easement over, under, and across the Property of the nature and character and to the extent hereinafter set forth ("Easement"). The said grant of Easement includes the public's right to use the Property for ingress and egress to and from the beaches along the Atlantic Ocean. EXHIBIT "B" DRAFT 2-20-03 3. Purpose of Easement. This Easement is granted in accordance with the terms and conditions of the Development Agreement between the Grantor and Grantee and is for the express purpose of allowing the public to have perpetual use of the Property for a pedestrian only walkway for ingress and egress to the beaches along the Atlantic Ocean. 4. Maintenance and Compensation. Grantee shall be responsible for all costs associated with the maintenance and upkeep of the Property. Grantor shall be responsible for all costs associated with property taxes and assessments upon the Property. There shall be no compensation between the Grantor or Grantee for this Easement other than as provided within the Development Agreement, if any. S. Public Use. Grantor agrees that the Property shall be dedicated for public use under the terms and conditions of this Easement and during normal hours of operation of City owned parks and beach access areas. Grantee and members of the public shall have access at all reasonable times in order to effectuate the intent and terms of this Easement Agreement as well as the Development Agreement. 6. Posting Sign. Grantor agrees to allow Grantee to post an informational sign at the entrance of the Property which states that the Property is available for public ingress and egress to the beaches along the Atlantic Ocean. The sign shall further provide the times per day with which the walkway is open to the public. The location, design and content of such sign shall be provided by the Grantee. 7. Improvements to Prope_ .. Grantee shall have the right at its expense to construct and maintain improvements on the Property that are compatible with a pedestrian walkway including, but not limited to, a wooden walkway, lighting, fencing, landscaping, trash receptacles, directional signage, drinking fountains, and ancillary utilities. 8. Grantee's Right of Entry. Grantee is hereby granted the right of entry onto the Easement Property for purposes of determining Grantor's compliance with this Easement and exercising Grantee's rights under this Easement. 9. Duty Not to Overburden Easement. Grantor and Grantee agree that they, individually and/or jointly, shall not surcharge or overburden the Easement and the use of the Easement Property as provided hereunder. 10. Remedies For Default. The parties agree that, in the event of default, there may not be an adequate remedy at law and, therefore, the aggrieved party shall be entitled to seek injunctive relief, including a mandatory injunction. PA DRAFT 2-20-03 11. Easements Run with the Land. This Easement shall remain a charge against the Property. Therefore, this Easement shall "run with the land" and be automatically assigned by any deed or other conveyance conveying a portion of the Property relating to this Easement, even though the conveyance makes no reference to this Easement as such. 12. Attorneys' Fees. In the event of any legal action arising under this Agreement between the parties, the prevailing party shall be entitled to an award of reasonable attorneys' fees, court costs and expenses, through all administrative, trial, post -trial, and appellate proceedings. 13. Liabilijy. To the extent permitted by law, and without waiving Grantee's right to sovereign immunity, each party to this Easement shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to, or arising out of, or in any way connected with its own actions and omissions, and the actions of its personnel and agents, in performing their obligations and responsibilities under this Easement. 14. Recordation. Grantee shall record this instrument in a timely fashion in the Official Records of Brevard County, Florida and may re-record it at any time as may be required to preserve its rights in this Easement. 15. Successors. The covenants, terms, conditions, rights, and restrictions of this Easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. 16 Sovereign Immunity. Nothing contained in this Easement shall be construed as a waiver of the Grantee's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the Grantee's potential liability under state or federal law. 17. Modification. This Easement shall only be modified by a written instrument executed by the parties hereto. [Left blank intentionally, execution on following pages.] 3 DRAFT 2-20-03 IN WITNESS WHEREOF, Grantor and Grantee have set forth their signatures on the day and year written below. Witnesses: Print Name: Print Name: STATE OF _ COUNTY OF GRANTOR: THE SEAPORT OCEANFRONT CONDOMINIUM ASSOCIATION, INC, a Florida, corporation, Name/Title The foregoing instrument was acknowledged before me this day of , 2003 by , of The Seaport Oceanfront Condominium Association, Inc., a Florida corporation, who executed the foregoing instrument and acknowledged before me that he/she executed the same for the uses and purposes therein expressed and ❑ who is personally known to me or ❑ who has produced as identification and who did not take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name Notary Public -State of Commission No.: My commission expires: 4 Witnesses: Print Name: Print Name: STATE OF FLORIDA COUNTY OF BREVARD GRANTEE: CITY OF CAPE CANAVERAL, a Florida municipal corporation Rocky Randels Its Mayor DRAFT 2-20-03 The foregoing instrument was acknowledged before me this day of , 2003 by ROCKY RANDELS, Mayor of the City of Cape Canaveral, ❑ who is personally known to me and ❑ who did not take an oath. (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name Notary Public -State of Florida Commission No.: My commission expires: F,1DwslCityofCapeCanaverahVillages_of SeaportWillages_of Seaport_Easement_V2wpd 5 AN lq o mo�o�meee Cm -ZZ mom --3- ,0 °n 11 ci v a^ ? n^ m 0 yz rN0 ap �p ri V � �J�m RIDGEWOOD AVENUE ti; EXTENSION p 3n ^° o o mo�o�meee s m °n 11 ci v a^ ? n^ m aG r" p o 55 A w°xo 44 S ti; m a 4j �7a Tia ° S 3n ^° o aa�o Z �.n mmQm a co m ° o a :7 z 00 °n 0 n 0 o us o s f a n u 0 ? 5 o n = 3 O z ° OOz C% 0. qunri°no-' e� n o-° NE +ono ¢aP urt Z -0 -go ''n O a 3 aw A A o � n a Vas 0.p^ �a ° N e 3uec ^ °m A e n SL s ° aomti m O N n m T�°a m a 1 z .'.nim S, ° A! f4'1' him wArfR -4T SOS t3 Oc(rq'A�'R[Y VY EXHIBIT "A" S -01'32'53'E. 1519-90' LJNE Of d0'JERNIAENT L 1 AND 3 OTS te � -n? a WEST O Z rnZ �m o Za; r z Z ti; z n m mz m 5.0' n z S. •J ZD C) T� O O Z Meeting Type: Regular Meeting Date 03-04-03 AGENDA Heath°g Ordinances -2°d Reading Item This ordinance regulates vehicle rental facilities as outlined and recommended by the Planning & Zoning Board. No. 03 City Council meeting. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 02-2003, PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 AND C-2 ZONING DISTRICTS DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of this ordinance that provides for supplementary regulations for vehicle rental facilities within the C-1 and C-2 zoning districts. Summary Explanation & Background: This ordinance regulates vehicle rental facilities as outlined and recommended by the Planning & Zoning Board. This item was tabled in order for City Council members to evaluate the comments and concerns raised at the 02-18- 03 City Council meeting. Please advise. Exhibits Attached: P&Z Memo dated 01-24-03; Ordinance No. 02-2003 70tyfman Office // Department GROWTH MANAGEMENT/P&Z cape- m\mydo ument n\councillmeeting12003\03-04-03\02-2003.doc City of Cape Canaveral cm OF CAM G4 AV80PAL Date: January 24, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board i Re: Vehicle Rental Facilities ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting held on January 22, 2003 the Board members, by unanimous vote, recommended that the City Council consider adopting the attached proposed ordinance which defines restrictions for vehicle rental facilities. More specifically, the ordinance will limit negative visual impacts, traffic congestion and noise associated with such uses. The restrictions also include distance and separation requirements from like establishments, minimum lot sizes, screening and limitations for noise and outside work/storage. Thank -you for your consideration. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myforida.com/cape • e-mail: ccapecanaveral@cfl.rr.com ORDINANCE NO. 02-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110-334 & 110-383; ADOPTING A NEW SECTION 110-555; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C-1 & C-2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the leasing or rental of motor vehicles within the City is permitted as a special exception within the C-1 and C-2 zoning districts ; and WHEREAS, the City has recently received an increase in the number of applications for special exceptions to allow vehicle rental facilities; and WHEREAS, the City Council finds that vehicle rental facilities can, if not properly regulated, produce negative visual impacts along its roads, thoroughfares, and abutting residential areas, causing increased traffic congestion and generation, and produces noise associated with the use; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995)., and WHEREAS, vehicle rental facilities pose distinctive aesthetic concerns for the Cape Canaveral community; and WHEREAS, zoning solely for aesthetic purposes is not outside scope of the City's police of policy power. City of Lake Wales v. Lamar Advertising Association of Lakeland, Florida, 414 So.2d 1030 (Fla. 1982). WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. 02-2003 Page 1 of 3 ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral, Section 2. Code Amendment. That sections 110-334 & 110-383 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in sections 110-334 & 110-383. It is intended that the text in sections 110-334 & 110-383 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-334. Special exceptions permissible by board of adjustment. *** (c) Special exceptions may be permitted for the following: (9) New and used automobiles, major recreational equipment and mobile home sales or rentals with accessory services, subject to the following: *** LL41 Vehicle rental facility, as provided in & 110-556 of this Code. Sec. 110-383. Special exceptions permissible by the board of adjustment (c) Special exceptions may be permitted for the following: 6. Sales, leming, and r of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: 13. Vehicle rental facility. as provided in & 110-556 of this Code. Section 3. Code Adoption. That section 110-556 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby adopted as follows: underlined type indicates additions and type City of Cape Canaveral Ordinance No. 02-2003 Page 2 of 3 indicates deletions). Sec. 11.0-556. Vehicle rental facility. D Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are -kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. Limitations on vehicle rental facilities. Vehicle rental facilities may be permitted by special exception in C-1 and C-2 zoning districts subject to the general conditions for special exceptions and the followine minimum requirements: A vehicle rental facility shall not be located. within one-third I/3) of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be alongastraight line from the closest property boundary_of the existing use to the closest. _property boundary of the proposed use-, U Minimum lot -area, for facilities shall be twelve -thousand (,12,000) sq. feet. Q Minimum lot width, for facilities shall be one -hundred 1100) feet (41 That a continuous, densely planted, -greenbelt of not less than fifteen (15) feet in widthpenetrated only at points approved by the Cape Canaveral planning, and zoning board, under site plan approval, for ingress and egress to the Rroperty, shall be provided along all pLoperty lines abutting public rights-of-wqy rights-of-wayor properties zoned residential. Said greenbelt shall be in conformance with the requirements of _ 110- 565 et seg. of the Qjjy Code as ma be amended from time to time. Where a wall or fence is to be used as screening, as mgy be provided within this Code the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the borderingproperty, Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the City's off -street -parking regulations, A11 ingress and egress�points to abutting streets shall be marked clearly and placed not closer than one -hundred fifty (150) feet apart on the same street and shall not be placed so as to endanger pedestrian traffic, Servicins or repair of vehicles is prohibited except within a fully enclosed structure: City of Cape Canaveral Ordinance No. 02-2003 Page 3 of 5 There shall be no storage of iunked. or wrecked automobiles, other than temporary storage not to exceed thirty (30) days, and these vehicles shall be in an enclosed area and not be visible from outside the property, LD All outdoor paginsa or speaker systems are expressly prohibited- and 10 The hours of operation for such facility shall he limited to 7:00 A.M. to 9:00 P.M. daily. Secs. 110-5576— 110-565. Reserved. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Severability: If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [This are left intentionally blank, adoption on next page] City of Cape Canaveral Ordinance No, 02-2003 Page 4 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FADs�Cin of cape[anaveraRO�dinanceril'etticleyAenCti_Facdicea.npd ROCKY RANDELS, Mayor For Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 02-2003 Paae 5 of 3 Against Meeting Type: Regular Meeting Date 03-04-03 AGENDA Heading Ordinances Item g No. Section 22-43, Provides for the extension of board approvals, AGENDA REPORT CTTY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2003, AMENDING CODE SECTIONS 22-37, 22-43 AND 2244 RELATING TO THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider adoption of Ordinance No. 07-2003 amending Code Sections 22-37, 22-43 and 2244 relating to the Community Appearance Board. Summary Explanation & Background: During a recent code review workshop, City Council recommended the following code amendments: Section 22-37, Deletes language related to initial terms of Community Appearance Board Members, Section 22-43, Provides for the extension of board approvals, Section 22-44, Adds residential subdivision to the Level 2 review. I reconnd approvaL Exhibits Attached: ' Ordinance No. 07-2003 City Mana Mee Department LEGISLATIVE �meetingN2003ND3-04-03\01-100:3.doc ORDINANCE NO. 07-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTIONS 22-37, 22-43, AND 22-44 OF THE CAPE CANAVERAL CODE RELATING TO THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code to update the City Code; and WHEREAS, during the review of Chapter 22 of the City Code, the City Council determined that several updates to Chapter 22 are necessary; and WHEREAS, the City Council hereby finds that the Chapter 22 updates contained herein are in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral, Section 2. Code Amendment. That Chapter 22 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 22 COMMUNITY DEVELOPMENT Article III. Community Appearance Review Sec. 22-37. Board established; membership; qualifications of members. (a) Established. There is hereby established a community appearance board which shall consist of five members who shall serve without compensation and two alternate members who may City of Cape Canaveral Ordinance No. 07-2003 Page I of 3 participate in discussion, but may not vote unless substituting for a voting member who is absent. Members of the board shall be appointed by majority vote of the city council. Voting members shall be appointed for staggered terms, the initial Voting inembers shall serve the ffill i — , 011C member shaf! Nerve a term of One year; two membe, s shali serve a term of tvvo yews; and-two , _ 1 members shall be requestec)-ta serve a three-year term. There shall be no restriction placed upon the number of terms that an individual member may serve. Alternate members shall serve three-year terms. Sec. 22-43. Notice of approval or denial. (b) Approvals by the board shall be valid for a maximum of 12 months from the date the board renders its approval at a public meeting. If the applicant fails to obtain a building permit within the 12 -month period, the board's approval shall expire at the end of the period. However, once a building permit is issued, the approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. Notwithstanding the aforesaid the board ma approve extensions for good cause shown including, but not limited to, a building permit application pending, with the city related to the approval, natural disasters, and reasonable permitting and construction de_ _lays. Sec. 22-44. Application criteria. (2) Level 2 review (commercial, residential subdivisions, four or more multifamily residential and industrial not covered in level 1): a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. For new development of unimproved property, a rendered concept plan depicting, in detail, location of landscaping and all the elements on the site; C. All preliminary elevations; d. Materials, texture and colors board depicting location of colors; and e. Minimum of three color photographs of site and setting. City of Cape Canaveral Ordinance No. 07-2003 Page 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this -2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F,\DocslCity of Cape CanavcrallOrdinancas\Code_Amend_Chapter22.wpd Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 07-2003 Page 3 of 3 day of Against Meeting Type: Regular Meeting Date 03-04-03 AGENDA Heading Ordinances -I' Reading item 10 No. the property owner prior to a certificate of occupancy or final inspection being issued by the City for the subject AGENDA REPORT CITY COUNCIL. OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 08-2003, AMENDING CODE SECTION NO. 110-475, PROVIDING FOR THE ADVANCE OF FUNDS TO CONSTRUCT REQUIRED SIDEWALKS AND IMPOSE A SISDEWALK IMPACT FEE DEPT./DIVISION: PLANNING & ZONING Requested Action: City Council consider the approval of Ordinance No. 08-2003 at first reading, establishing provisions for the City to advance funds and construct required sidewalks within the City and impose a sidewalk impact fee upon new development abutting the sidewalk. Summary Explanation & Background: This ordinance establishes provisions for the City to construct a sidewalk and impose an impact fee that is payable by the property owner prior to a certificate of occupancy or final inspection being issued by the City for the subject property. Exhibits Attached: Ordinance No. 08-2003; Memo from the P&Z Chair dated 02/14/03; P&Z Minutes of the Subject City ma a is om Department PLANNING & ZONING c ki m s\admanlcvuncil\meeting\2003103-04-03\OS-2003.doc DRAFT 1-21-03 ORDINANCE NO. _CS 1pocO03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, RELATING TO SIDEWALK CONSTRUCTION; AMENDING SECTION 110-475 OF THE CAPE CANAVERAL CODE TO INCLUDE PROVISIONS FOR THE CITY TO ADVANCE FUNDS AND CONSTRUCT REQUIRED SIDEWALKS WITHIN THE CITY AND THEN IMPOSE A SIDEWALK IMPACT FEE UPON NEW DEVELOPMENTABUTTINGTHE SIDEWALK; PROVIDING FOR A METHOD FOR CALCULATING THE IMPACT FEE AND APPORTIONING THE COST OF SIDEWALK CONSTRUCTION TO PROPERTY OWNERS RECEIVING THE BENEFIT OF THE SIDEWALK; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, Section 110-475, Cape Canaveral Code, currently provides that sidewalks shall be required in conjunction with the construction of any building or development abutting any paved street within the City; and WHEREAS, the City of Cape Canaveral has exclusive control of City streets and sidewalks and has the discretion under the Florida Municipal Home Rule Powers Act to say when and where sidewalks shall be constructed in front of abutting property. § 37.15, McQuillan on Municipal Corporations; and WHEREAS, the City also has the police power to order abutting landowners to construct a sidewalk; and WHEREAS, the City also has the power to recover the cost of constructing sidewalks from abutting property owners that accrue a benefit from the sidewalk. See, e.g., Chapter 170, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral finds that development of all kinds has an impact and burden on pedestrian travel throughout the City and that sidewalks are instrumental in protecting pedestrians and providing ingress and egress to development; and City of Cape Canaveral Ordinance No. Page 1 of 4 DRAFT 1-21-03 WHEREAS, Section 163.3202(3), Florida Statutes, encourages the use of innovative land development regulations which include provisions such as "impact fees"; and WHEREAS, the City Council also finds that the fees required by this ordinance are necessary to mitigate impacts reasonably attributable to development; and WHEREAS, new land development activity generates pedestrian traffic within the City and it is reasonable for the City to require new development to pay a fair share of the cost of expanding new sidewalks attributable to new development; and WHEREAS, the City Council of Cape Canaveral also recognized that the Florida Legislature has mandated that local government plan comprehensively for future growth and that this regulatory ordinance is consistent with that mandate. See e.g., Ch. 163, Fla. Stat.; and WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens and property owners of Cape Canaveral. NOW, THEREFORE, be it enacted by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Incorporation of Recitals. The foregoing recitals are deemed to be true and correct and are hereby fully incorporated herein by this reference. Section 2. Code Amendment. Section 110-475, Sidewalks Required, Cape Canaveral Code, is hereby amended as follows: (underlined type indicates additions and st6keout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-475. It is intended that the text in Section 110-475 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec, 110-475 Sidewalks required * W Prior_ to the issuance of a certificate of occupancy or final inspection for new development or redevelopment, the City may, at its discretion and expense, cause the construction of the sidewalk as would otherwise be required by this section and under the following conditions: Q) Prior to the commencement of construction, the City shall provide all owners of real property abutting the proposed sidewalk with thirt 30 da s written notice of the City's intent to construct the sidewalk and to impose a future impact fee on the property owners for City of Cape Canaveral Ordinance No. Page 2 of 4 DRAFT 1-21-03 the costs of the sidewalk. Said notice shall provide a general description of the project,an estimated cost and the date, time, and place. of the . City Council meeting at which the proposed project will be authorized. At the_metng, affected property owners will be allowed an opportunity to be heard. (2) Upon completion ofthe sidewalk by the City, the City Manager shall certify in writing to the City Council at a public meeting the cost of constructing the sidewalk. The certification shall proportionately allocate the cost of construction to each parcel(s) of real property that has received a special benefit from the sidewalk. At least fifteen (15) days prior notice of the certification hearing shall be provided to those property owners that may be imposed an impact fee. At the hearing, affected property owners will be allowed an opportunity to be heard. The City Council shall approve the certification by resolution. The certified amount shall constitute a sidewalk impact fee for each property. The resolution shall be duly recorded in the public records of Brevard Counter Florida, and shall run with the land. L4) The sidewalk impact fee shall be paid by the property owner prior to a certificate of occupancy or final inspection being issued by the City for the property. Prior to payment of the sidewalk impact fee, the property owner m4y petition the City Council for a waiver or reduction of the sidewalk impact fee. The amount of any reduction or waiver shall be based on the costs incurred by thepropertv owner to replace or modify the sidewalk caused by plementin a site plan approved by the City. The property owner shall be responsible for repairing, at the owner's expense, any sidewalk which is damaged by construction activities occurring on the property. In the event the property owner fails to pay the sidewalk impact fee pursuant to this section, the City shall have the right to withhold any certificate of occupancy or final inspection for the property. The City shall also have the right to collect the sidewalk impact fee in any manner provided by law and to levy interest at a maximum rate allowed by law and penalties not to exceed twenty-five percent on past due amounts. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. City of Cape Canaveral Ordinance No. Page 3 of 4 DRAFT 1-21-03 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2003. ATTEST: Rocky Randels, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos Susan Stills, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney F 1DocslCity of Cape Canaveral\Ordinances\Sidewalk_Assessment.wpd City of Cape Canaveral Ordinance No. Page 4 of 4 City of Cape Canaveral er"9W CWK CAMVER" Date: February 14, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Sidewalk Impact Fee Ordinance --------------------------------------------------------------------------------------------------- The attached proposed ordinance was referred to the Planning & Zoning Board for review and recommendation to City Council. The Board reviewed the proposed ordinance and took no action because City Council establishes fees for sidewalks and the method for obtaining those fees. However, the Board does not object to the adoption of this Ordinance. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralgcfl.rr.com s t� City of Cape Canaveral er"9W CWK CAMVER" Date: February 14, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Sidewalk Impact Fee Ordinance --------------------------------------------------------------------------------------------------- The attached proposed ordinance was referred to the Planning & Zoning Board for review and recommendation to City Council. The Board reviewed the proposed ordinance and took no action because City Council establishes fees for sidewalks and the method for obtaining those fees. However, the Board does not object to the adoption of this Ordinance. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralgcfl.rr.com Planning & Zoning Board Meeting Minutes February 12, 2003 Page 5 6. Interview & Recommendation „of Prospective Board Member - Dennis Jenkins, Februa 12 2003. Mr. Dennis Jenkins was introduced by Chairperson McNeely. Assistant City Attorney Buak asked various questions to the applicant. Mr. Jenkins responded that he has lived at 425 Pierce Avenue for over five -years; self-employed for 26 years; he is President of Artesia Condominium Association; he has no conflict with meetings being held on Wednesday evenings; no family members serve on any of the city boards; he has served on several advisory type boards reviewing landscaping and beautification; no experience in residential or commercial; he maintains his background in master science. Mr. Jenkins advised that he enjoys this small community. He would like to see the older neighborhoods up scaled and would like more commercial uses including a grocery store. Brief discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend that Mr. Jenkins be appointed to the Board as an alternate member. Vote on the motion carried unanimously. 7. Review & Recommendation to CiIy Council Re: Proposed Ordinance Establishing Sidewalk Impact Fees - Anthon Gar anese City Attorney. The Board reviewed the proposed ordinance that would impose impact fees for new sidewalks. The Board agreed that imposing fees was not part of this Board's responsibility. Mr. Buak advised that the ordinance was part of the land development code. Following discussion, the Board agreed that City Council should establish the fees for sidewalks and the method for obtaining those fees. Motion by Chairperson McNeely, seconded by Mr. Fredrickson to send this proposed ordinance back to City Council with no objection or action being taken by the Board. Vote on the motion carried unanimously. 8. Review & Recommendation to CiIy Council Re: Reconsideration to Establish Height Limitations of Hedges - Anthony Garganese, City Attorney. Mr. Nicholas advised that the city has no minimum height established for buffering requirements between commercial and residential. Discussion was held regarding establishing minimum heights for buffering at the time of planting. Following discussion, the Board concluded that the Assistant City Attorney should change the proposed draft ordinance to include the following: Minimum 3 ft. buffering at the time of planting; a maximum of 6 ft. in height within 2 years after planting; and not to exceed a maximum of 8 ft. in height at any time. Assistant City Attorney Buak advised that he would rewrite the proposed ordinance and would present a new draft to the Board at a later meeting. There being no further business for the Board to consider the meeting was adjourned at 10;05 p.m. Bea McNeely, Chairperson Susan L. Chapman, Board Secretary BROWN, WARD, SALZMAN & WEISS, P.A. Usher L. Brown' Suzanne D'Agresta" Anthony A. Garganese' Gary S. Salzman" John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer °Board Certified Business Litigation Lawyer "Board Certified City, County 8 Local Government Law Attorneys at Lara Offices in Orlando, Kissimmee, Cocoa & Viera January 21, 2003 Mr. Bennett Boucher, City Manager City of Cape Canaveral P. Q. Box 326 Cape Canaveral, Florida 32920 Re: Sidewalk Impact Fee Ordinance City of Cape Canaveral 1 General File No. 513-001 Dear Bennett: Debra S. Babb Jeffrey P. Buak Todd K. !Norman John U. Biedenharn, Jr. Joseph E. Blitch Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos Erin J. O'Leary Of Counsel As we discussed, enclosed is the draft sidewalk impact fee ordinance. Please provide a copy to the Planning & Zoning Board for their consideration and recommendation at a future Planning & Zoning meeting. Given the novelty of this ordinance, I anticipate this ordinance may go through several revisions before the City Council considers it. In the meantime, please call should you have any input or questions. e I yours, Anthony A. Garganese City Attorney AAG:jf Enclosure cc: City Council, City of Cape Canaveral 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Meeting Type: Regular Meeting Date 03-04-03 AGENDA Heeding Discussion Item 11 No. Berryman and Henigar. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION; FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, STORMWATER PERMIT APPLICATION DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council review and comment on this FDEP Stormwater Permit Application. Summary Explanation & Background: The attached Stormwater Permit Application must be submitted by 03-10-03. The permit application covers (5) of (C) best management practice areas that are to be worked on by the City during the (5) year permit term-. Walter Bamhsh, Assistant Public Works Director, completed the permit application with technical assistance from Berryman and Henigar. City Council wanted to review the final permit application prior to submittal Exhibits Attached: FDEP Permit Application City M er' Office Department PUBLIC WORKS ilkmeeting\2003\03-U4-U3\fdep.doc NOTICE OF INTENT TO USE GENERIC PERMIT FOR DISCHARGE OF STORMWATER FROM PHASE II MUNICIPAL SEPARATE STORM SEWER SYSTEMS (RULE 62-621.300(7)(b), F.A,C.) INSTRUCTIONS: • This NOI must be completed and submitted to the Department to authorize use of the Generic Permit for Discharge of Stormwater from Phase I I Municipal Separate Storm Sewer Systems ('MS4 GP'), provided in Rule 62-621.300(7)(a), F.A.C. • The type of municipal separate storm sewer system that qualifies for coverage under the MS4 GP and the applicable Phase 11 MS4 stormwater management program requirements are specified in the permit. You should familiarize yourself with the MS4 GP before completing this NOI. • Submit this fully completed NOI, permit fee, and required attachments by mail to the address in the box at right. DO NOT SUBMIT any materials not in the checklist in Section V. of this NOI. • Please print or type information in the appropriate areas below and complete each section. Submit NOI, permit fee, and required attachments to: NPDES Stormwater Notices Center M.S. #2510 Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, Ft_ 32399-2400 Name of the Phase II MS4 Responsible Authority: Bennett C. Boucher Title: City Manager Mailing Address: 105 Polk Avenue City: Cape Canaveral Zip Code: 32920 County: Brevard Telephone Number. (321)868-1230 Name of the Designated Phase 11 MS4 Stormwater Management Program Contact: Ed Gardulski Title: Public Works Director Department: Public Works Mailing Address: 601 Thurm Boulevard, P.O. Box 326 City: Cape Canaveral I Zip Code: 32920 County: Brevard Telephone Number. 321 868-1230 E-mail Address: ardulski@bellsouth.net Location of the Phase II MS4 if different than the mailing address in Section I.C. above): Street Address: 601 Thurm Boulevard City: Cape Canaveral I Zip Code: 32920 Coun : Brevard Approximate center of the Phase II MS4: Latitude: 28 ° 23 ` 35 " Longitude: 80 ° 37 03 ° Phase If MS4 ownership status check one): ® Public ❑ State ❑ Federal Total resident 2mulation of the Phase Il MS4:9161 Name of the urbanized area(s) the Phase II MS4 is located within (if applicable): Melbourne -Palm Bay UA Name of the Water Management District the Phase II MS4 is located within (check all that apply): ❑ Northwest Florida Water Management District ❑ Southwest Florida Water Management District ❑ Suwanee River Water Management District ® St. John's River Water Management District ❑ South Florida Water Management District DFP Form 62-621.300(7)(b), Effective February 7, 2003 1. 1Has another entity, regulated under Chapter 62-624, F.A.C., agreed to implement all of your permit obligations on your hehaff? fl Yes M No If yes. complete Section II.A.2. If no skip to Section II. B. 2. Name of Entity: Contact Name: Title: Department: Mailing Address: City: Zip Code: County: Telephone Number: E-mail Address: 1. Has another entity agreed to implement one or more of the minimum control measures (or a component thereof) on your hahalf? M Yes W No It yes, complete Sections 11.6.2. and II.B.3. See the note below for any additional entities 2. Control measure(s) or component of a control measure to be implemented by the other entity: Not completed 3. Name of Entitv: Contact Name: Title: E-mail Address: Note: For each additional entity sharing stormwater management program responsibilities with you, provide on a separate sheet the information requested in Sections II.B.2. and II.B.3. Title the sheet "Section II.B: Additional Entities Information' and attach it to this NOI. Identify the named receiving waterbodies to which your Phase II MS4 discharges. Include all such waterbodies known to you at the time of this application: Banana River DEP Form 62-621.300(7)(b), Effective February 7, 2003 Complete the Phase Il MS4 Stormwater Management Program (SWMP) Elements Form in Appendix A for each minimum control measure described in Part VI. of the MS4 GP, except the Post -construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Part X. of the permit. If you choose, however, to implement BMPs for the Post -construction measure, please complete a SWMP Elements Form for the measure. Include in the SWMP Elements Form all best management practices (BMPs) currently in place or planned for each element of each minimum control measure. There is no limit to the number of BMPs you may include. Make copies of the form as necessary to accommodate all of your BMPs. The completed forms, in their enfirety, will be considered by the Department to be the outline of your proposed stormwater management program. Attach all completed forms to this NOI. Provide the total number of pages of SWMP Elements Forms that are attached to this NOI for each minimum control measure: Minimum Control Measure # of Pages Public Education and Outreach as to Stormwater Impacts 1 Public Involvement/Public Participation 1 Illicit Discharge Detection and Elimination 4 Construction Site Stormwater Runoff Control 4 Post -construction Stormwater Management in New Development and Redevelopment 0 Pollution Prevention/Good Housekeeping for Municipal Operations 2 Only the following materials are to be submitted to the Department along with your fully completed and signed NOI (check the appropriate box to indicate whether the item is attached or is not applicable): Attached NIA ® The permit application fee, as prescribed by Rule 62-4.050(4)(d)(6), F.A.C. Make all check and money orders payable to the Florida Department of Environmental Protection. ® A fully completed Phase II MS4 Stormwater Management Program Elements Form (see Appendix A) for each minimum control measure except the Post -construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option forth is measure under Part X. of the MS4 GP. ❑ ® Additional entities information, as required under the note in Section 11. B. of this NOI. DO NOT SUBMIT ANY OTHER MATERIALS The Responsible Authority listed in Section l.8. of this NOI must sign the following certification statement.' I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted- Based upon my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name of Phase II MS4 Responsible Authority (type or print): Title: Signature: r Signatory requirements are contained in Rule 62-620.305, F.A.C. DEP Form 62-621.300(7)(b), Effective February 7, 2003 Date: INSTRUCTIONS FOR APPENDIX A PHASE 11 MS4 STORMWATER MANAGEMENT PROGRAM (SWMP) ELEMENTS FORM General Instructions • Complete this form for each minimum control measure described in Part VI. of the Generic Permit for Discharge of Stormwater from Phase 11 Municipal Separate Storm Sewer Systems ('MS4 GP') provided in Rule 62-621.300(7)(a), F.A.C., except the Post -construction Stormwater Management in New Development and Redevelopment minimum control measure if you have chosen the qualifying alternative program option for this measure under Part X. of the permit. If you choose, however, to implement BMPs for the Post - construction measure, please complete a SWMP Elements Form for the measure. • Include all best management practices (BMPs) currently in place or planned for each element of each minimum control measure. There is no limit to the total number of BMPs you may include. • Make copies of the form as necessary to accommodate all of your BMPs. • The completed forms, in their entirety, will be considered by the Department to be the outline of your proposed stormwater management program. Attach the forms to the NOI and submit to the Department at the address provided on the NOI. • Please print or type information in the appropriate areas of this form. Section A.I: MINIMUM CONTROL MEASURE • Indicate which minimum control measure the BMPs in Section A.II. address. Check only one measure. Use a separate form for each measure. Section A.II: BEST MANAGEMENT PRACTICES • Include BMPs only for the measure you have identified in Section A.I. The Department encourages the use of the Florida Land Development Manual: A Guide to Sound Land and Water Management (FDER, 1988) and the U.S. Environmental Protection Agency's National Menu of Best Management Practices for Storm Water Phase 11 in developing Phase 11 stormwater management programs. Both are available from the Department. Element ID: Table i below includes all the minimum control measure elements required under Part IV. of the MS4 GP. Using Table 1, identify which element of the minimum control measure each BMP addresses. For example, a BMP addressing the procedures for site plan review under the Construction Site Stormwater Runoff Control Minimum Control Measure would be labeled as '4d.' You must include at least one BMP for each element. • BMP Number. For each minimum control measure, number the BMPs starting with 01 and continue the numbering in sequential order on any additional forms for the measure. The numbering of the BMPs is for reference purposes only and does not provide additional weight to, nor prioritize, one BMP over another. • Measurable Goals: List the measurable goal(s) for each BMP. You must include at least one measurable goal for each BMP and may include as many as necessary for the BMP — you are not limited to the four lines provided on the form. • Schedule for Implementabon/Completion: For each measurable goal, include the year each action will be implemented and, as applicable, the interim milestones, completion date, or planned frequency of the action. • Responsible_ Entity/Department: Include the name of the entity (if other than the Phase 11 MS4 Operator) or of the internal department (if it is the Phase 11 MS4 Operator) responsible for implementing or coordinating each BMP. Page Numbering • Once this form has been completed for each minimum control measure, place the forms in an order corresponding to the order of the measures in Table 1 (below) and number the forms accordingly at the bottom of each. DEP Form 62-621.300(7)(b), Effective February 7, 2003 Table 1: Minimum Control Measure Required Elements ria i. Public Education and Outreach Minimum Control Measure: a) Implement a public education program to distribute educational materials to the community or conduct equivalent outreach activities about the impacts of stormwater discharges on water bodies and the steps that the public can take to reduce pollutants in stormwater runoff. 2. Public Partici ationllnvolvement Minimum Control Measure: 2a a) Comply with State and local public notice requirements when implementing a public involvement/ blit participation program. 3. Illicit Discharge Detection and Elimination Minimum Control Measure: 3a a) Develop, if not already completed, a storm sewer system map, showing the location of all known outfalls and the names and location of all surface waters of the State that receive discharges from those outfalls. 3b b) To the extent allowable under State or local law, effectively prohibit through ordinance, or other regulatory mechanism, of non-stormwater (i.e., "illicit") discharges into the storm sewer system and implement appropriate enforcement procedures and actions. 3c c) Develop and implement a plan to detect and eliminate non-stormwater discharges, including illegal dum in , to the MS4. 3d d) Inform public employees, businesses, and the general public of hazards associated with illegal discharges and im r er ds sal of waste. 4. Construction Site Stormwater Runoff Control Minimum Control Measure: 4a a) Develop and implement, to the extent allowable under State or local law, an ordinance or other regulatory mechanism to require erosion and sediment controls, as well as sanctions to ensure compliance, to reduce pollutants in any stormwater runoff to the Phase 11 MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. Reduction of pollutants associated with stormwater discharges from construction activity disturbing less than one acre must also be included if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. 4b b) Develop and implement requirements for construction site operators to implement appropriate erosion and sediment control best management practices. 4c c) Develop and implement requirements for construction site operators to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. 4d d) Develop and implement procedures for site plan review that incorporate consideration of potential water uali impacts, 4e e) Develop and implement procedures for receipt and consideration of information submitted by the public. 4t Develop and implement procedures for site inspection and enforcement of control measures. 5. Post -construction Stormwater Management in New Development and Redevelopment Minimum Control Measure: NOT REQUIRED IF USING QUALIFIED ALTERNATIVE PROGRAM 5a a) Use an ordinance or other regulatory mechanism, to the extent allowable under State or local law, to address from post -construction runoff from new development and redevelopment projects that disturb greater than or equal to one acre, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the Phase ii MS4. The program must require that controls be in place that would prevent or minimize water quality impacts from new development or redevelopment. 5b b) Develop and implement strategies that include a combination of structural and/or non-structural best management practices BMPs appETriate for the community. 5c c Require adequate long-term operation and maintenance of BMPs. 6. Municipal Operation Pollution Prevention and Good Housekeeping Minimum Control Measure: 6a a) Develop and implement an operation and maintenance program that has the ultimate goal of preventing or reducing pollutant runoff from MS4 operator activities, such as park and open space maintenance, fleet and building maintenance, new construction and land disturbances, and stormwater system maintenance. 6b b) Using training materials that are available from EPA, the Department, or other organizations, include employee training to prevent and reduce stormwater pollution from MS4 operator activities. DEP Form 62-621.300(7)(b), Effective February 7, 2003 � � 0 LL R z w LU N « _ CL 0 0 E.5 c$ CL dk m2 /0 d0 2� � ƒ \\ a -f LO W ❑❑ 7-1 ft $ \ . } 2 � � � f 7 _ -0 > ®D s0 ° ƒmty -0 ƒd Oa ƒ2 k 22 _D\ ET EW0 Z) 5. 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