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HomeMy WebLinkAboutPacket 12-05-2006 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: ity of Cape Canaveral IL REGULAR MEETING HALL ANNEX :, Cape Canaveral, Florida TUESDAY December 5, 2006 7:00 PM AGENDA Ridgewood Avenue Beautification Project 30% Design Review CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 21, 2006. 2. Resolution No. 2006-49; Reappointing a Regular Member to the Construction Board of Adjustment and Appeals. (Thomas Quinn). 3. Resolution No. 2006-50; Appointing a Regular Member to the Business & Cultural Development Board (Joanne Muncey). 4. Inmate Labor Contract with the Florida Department of Corrections. 5. Outdoor Entertainment Permit for Eleventh Annual Reindeer 5K Run/Walk for United Way of Brevard County. 6. Approval of Employee Christmas Bonus. 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: ccapecanaveral@cfl.rr.com 'Cape Canaveral, Florida ,ouncil Regular Meeting nber 5, 2006 2 of 3 7. Proposal for Concrete Repair Work in the Amount of $10,750 by Mudrak Engineering and Construction. 8. Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673 (AFL-CIO). ORDINANCES: Second Public Hearing: 9. Motion to Adopt: Ordinance No. 19-2006; An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning, of the Code of Ordinances; Clarifying the Intent of the R-1, R-2 and R-3 Residential Zoning Districts; Defining the Term "Transient Commercial Use;" Prohibiting Transient Commercial Uses in the R-1, R-2 and R-3 Residential Zoning Districts for Single Family Dwellings or Multiple Family Dwellings with Four (4) or Less Units for Periods of Less than Ninety (90) Consecutive Calendar Days; Establishing a Grandfathering Provision for Certain Transient Commercial Uses in Residential Zoning Districts Based on Certain Existing License and Tax Factors Specifically Enumerated Herein and Whether Such Use Was in Existence on November 21, 2006; Making Conforming and Miscellaneous Amendments to Chapter 110, Zoning; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation Into the Code; Severability; and an Effective Date, at Second Reading. 10. Motion to Adopt: Ordinance No. 20-2006; An Ordinance of the City of Cape Canaveral, Florida; Amending Chapter 86, Concurrency Management System; Establishing Article II of Chapter 86, Implementing a Proportionate Fair Share Mitigation Program Related to Transportation Facility Impacts Pursuant to the Requirements of Florida Law; Making Conforming and Miscellaneous Amendments; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at Second Reading. 11. Motion to Adopt: Ordinance No. 21-2006; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09/30/06, at Second Reading. CONSIDERATIONS: 12. Motion to Approve: Center Street Gazebo Project in the Amount of $30,447 by Southern Park and Play Systems, Inc. ,ape Canaveral, Florida council Regular Meeting ftember 5, 2006 age 3of3 13. Motion to Approve: Ridgewood Avenue Beautification Project — Final Construction Documents Phase in the Amount of $46,175. 14. Motion to Approve: Ridgewood Avenue Beautification Project — Change Orders 1-3 Totaling $15,677.50. 15. Motion to Approve: Proposal from UCF — Institute for Social and Behavioral Sciences, Deptartment of Sociology to Conduct a Business Survey in the Amount not to Exceed $8,000. 16. Motion to Approve: Annual Evaluation of Waste Management. 17. Motion to Approve: Change Order Request for the Preliminary Design of the Buchanan/Orange Avenues Drainage Project in the Amount of $8,500. 18. Motion to Approve: Proposal to Update the Redevelopment Plan by Miller Legg in the Amount of $6,935. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Presentation Item Review and discussion of the 30 % design submittal. The next task is final design. No. Hand -Out: 30 % Design Plans. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: RIDGEWOOD AVENUE BEAUTIFICATION PROJECT 30% DESIGN REVIEW DEPT/DIVISION: PUBLIC WORKS/STREETS/BEAUTIFICATION Requested Action: City Council review and comment on the Ridgewood Avenue Beautification Project -30 % design, as presented by Brad Smith Associates, Inc. and Green Blades of Central Florida. Inc. Summary Explanation & Background: Review and discussion of the 30 % design submittal. The next task is final design. Attached is the Executive Summary and Beautification Board comments. Hand -Out: 30 % Design Plans. Please advise. Exhibits Attached: Executive Summary; Beautification Board comments City,Merger's Office _ Department PUBLIC �� , -/ WORKS/STREETS/BEAUTIFICATION kim\myd current dmin\counci meeting\2006\12-05-06\bradsmith.doc EXECUTIVE SUMMARY RIDGEWOOD AVENUE BEAUTIFICATION PROJECT 30% Design Review Brad Smith Associates, Inc. (CONSULTANT) and Greenblades of Central Florida, Inc. created a strategic and creative alliance in order to address the existing natural and man-made challenges associated with the Ridgewood Avenue Improvements Project in the City of Cape Canaveral, Florida. During the preliminary design study prepared under separate agreement, a series of streetscape configurations were developed and evaluated, and beautification components for the project were explored including landscaping, irrigation, sidewalks, bikeway, colored and textured paving, new turtle -friendly lighting, traffic calming devices, and bus shelters. Since Council's approval of the project's conceptual design, Stottler Stagg and Associates, Inc. (SSA), working under separate Agreement with the City of Cape Canaveral (CITY) has conducted a site survey of existing civil engineering components, utilities, and other such project elements. It was during the 30% Design Phase that the approved preliminary design study and the SSA site survey of existing conditions were integrated in order to reveal any design deviations required (and approved by CITY staff) due to survey data provided by SSA. It was discovered during this process that the Ridgewood Avenue right-of-way is an inconsistent width (varies from 46 feet to 50 feet), and the right-of-way boundaries are not consistently parallel from block to block. In the final analysis, the 30% Design Phase has indeed validated the feasibility of the project's preliminary design study and the CITY's goal of beautifying Ridgewood Avenue through the use of landscaping, irrigation, sidewalks, bikeway, colored and textured paving, new turtle -friendly lighting, traffic calming devices, and bus shelters. With the completion and approval of the 30% Design Phase, the next step is the preparation of final detailed construction drawings incorporating review comments received from the CITY at the 30% design review. The final detailed construction drawings provide the critical information and data to enable the project to be efficiently and effectively constructed. The following outlines the tasks included in the Final Construction Drawing Phase: 1. Final landscape drawings shall include plant schedule with botanical and common names and plant size specifications. 2. Irrigation design shall be prepared to provide 100% automatic coverage to all landscaped areas, taking into account the proposed plant material watering requirements, and soil conditions. 3. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 4. Final hardscape drawings shall depict decorative paving patterns and materials. 5. Site furnishings drawings shall indicate proposed site furnishings by type and location. 6. Site lighting drawings shall indicate proposed site lighting fixture locations and types. Electrical engineering will be by SSA under separate agreement with the CITY. MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 15, 2006 RE: Ridgewood Ave Beautification Board Comments At the Beautification Board meeting last night, the Ridgewood Avenue Streetscape Project was reviewed and commended by the Board Members and the public. The following are the comments and concerns of the Beautification Board: 1. Delete the use of the Ligustrum Tree. 2. Utilize more colorful landscaping. 3. Utilize more native species. 4. Would like to see items such as Yaupon Holly, Geiger Tree (Cordia Sebestena) and other items to give more Pizzazz to the streetscape. 5. Insure all plant material is salt and cold tolerant for the costal area. 6. Insure that street light fixture is Turtle Friendly and the fixture's material is not corrosive. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 21, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski Mayor Randels explained why the Agenda was separated into Old and New Business due to the turnover of Council Members. OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 17, 2006. 2. Resolution No. 2006-45; Appointing a Regular Member to the Beautification Board (Betty Darney). City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 2 of 17 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any items for discussion. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. PRESENTATION: Burt Bruns Mayor Randels called on Mr. Bruns to acknowledge his time of service on the Council. He noted that Mr. Bruns served on the Council on four different occasions, twice due to the resignations of former Council Members Steve Miller and Jim Morgan from June through November. Mayor Randels noted that the timing occurred during the City's Budget season. Mayor Randels presented Mr. Bruns with a commemorative clock. Mr. Bruns expressed that he enjoyed serving with the Council and he encouraged residents to get involved with the City and to participate on a City Board. He concluded by thanking the staff and the Council. OATH OF OFFICE: Shannon Roberts, City Council Member Attorney Anthony Garganese administered the Oath of Office of City Council to Ms. C. Shannon Roberts. Rocky Randels, Mayor Attorney Garganese administered the Oath of Office of Mayor to Rocky Randels. NEW BUSINESS: BOARD INTERVIEW: Joanne Muncey, Business & Cultural Dev. Board Ms. Muncey affirmed that all of the questions in her application were answered to the best of her ability. Ms. Muncey informed that she lived and owned in Cape Canaveral for 22 years. She was retiring from the Kennedy Space Center and she is motivated to participate in the City. Ms. Muncey stated that she has served in various positions such as trainer, problem solver, facilitator, planner, scheduler, and proposal writer at City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 3 of 17 Kennedy Space Center. Mayor Pro Tem Hoog commented favorably on her background. Mayor Randels noted the anticipation of using her problem solving skills. Mayor Randels concluded that a Resolution to appoint her to the Board would be placed on the next City Council Agenda. RESOLUTIONS: 1. Motion to Adopt: Resolution No. 2006-47; Appointing a Mayor Pro Tem. Mayor Randels read Resolution No. 2006-47 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels nominated that Bob Hoog continue as Mayor Pro Tem for some of the following reasons: he was responsive to citizens, he attends many of the City Board meetings, he was active with the Space Coast League of Cities, he serves at the State level on the Florida League of Cities' Boards, he is a respected and trusted individual in the community, and he is also active in the Kiwanis Club. Mayor Pro Tem Hoog thanked the Council for their trust. A motion was made by Mayor Randels and seconded by Mr. Petsos to Adopt Resolution No. 2006-47 Appointing Bob Hoon as Mayor Pro Tem. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 2. Motion to Adopt: Resolution No. 2006-48; Declaring the City's Support and Endorsement for Nemours Children's Hospital in Orlando, Florida. Mayor Randels read Resolution No. 2006-48 by title. A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, DECLARING OUR SUPPORT AND ENDORSEMENT FOR NEMOURS CHILDREN'S HOSPITAL IN ORLANDO, FLORIDA; ENCOURAGING OTHER MUNICIPALITIES TO PUBLICLY EXPRESS THEIR SUPPORT FOR NEMOURS CHILDREN'S HOSPITAL IN ORLANDO, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Randels informed that Nemours is a Children's Hospital that is seeking to locate in Orlando. He noted that Nemours has invested over $5 million in support in Florida and over 800,000 children have been treated. Mayor Randels explained that Orange County Mayor Crotty and Orlando Mayor Dwyer have publicly expressed support and Cape Canaveral would do likewise as will other cities. Mr. Petsos explained that this is a regional not a local Orange County issue. He said that the research clinic would benefit Brevard County. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 4 of 17 Ms. Karen Breakhelm, Director of Community Relations for Nemours, explained that Nemours was an integrated health care system exclusively for children. Nemours was founded 70 years ago and was supplemented by an endowment from the Alfred I. Dupont Trust. She informed that the endowment has grown to $4 billion. She also informed that Nemours treats children in four states. The hope is to build a free-standing children's hospital in Florida. She informed that Florida's pediatric population is fourth in the nation and soon to become third. Ms. Breakhelm explained that the children treated are either chronically ill or have complex illness requiring cross specialty care. She informed that the Hospital includes research and education. She thanked the Council for its support. Mr. Bruns noted from a news article that 30 physicians had resigned from Nemours. Ms. Breakhelm responded that Nemours was a $4 billion trust and is therefore financially stable. She noted that Nemours has a staff of 4,000 including physicians. She explained that Nemours has three sites in Florida: Jacksonville, Pensacola and Orlando. Ms. Breakhelm explained what occurred in the Nemours operating model using the Mayo clinic physician operated clinic as an example. She said that when Nemours located in Orlando there were 20-30 physicians who were anticipated to join Nemours; however, in 2005 the physicians that were included in the original contract returned to their community hospital. Although the movement that Nemours experienced was the nature of doing business, Nemours would continue to recruit and retain physicians. Mayor Randels concluded that Ms. Breakhelm provided packets that would be available in the City Clerk's Office. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2006-48, Declaring the City's Support and Endorsement for Nemours Children's Hospital in Orlando, Florida. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSENT AGENDA: 3. Proposal for Engineering Services to Re -Bid the Replacement of the Sanitary Sewer Force Main from Lift Station 1 to Thurm Boulevard. 4. Cooperative Purchase for Electrical Motor and Pump Repair Services. 5. Cooperative Purchase of Sanitary Sewer Lining in the Amount of $171,755. 6. Proposal for Curb Repairs in the Amount of $43,500. Mayor Randels stated for the record that Item No. 3 is a budgeted item. Mr. Gardulski explained that the City will re -bid due to the bid rejected last year. He clarified that he used a unit price since the previous bid was much higher than anticipated. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 5 of 17 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Petsos and seconded Approve Consent Agenda Items No. 3, 4, 5 and 6. 5-0 with voting as follows: Mayor Pro Tem Hoog, Petsos, For; Mayor Randels, For and Ms. Roberts, ORDINANCES: First Public Hearing: by Mayor Pro Tem Hoog to The vote on the motion carried For; Mr. Nicholas, For; Mr. For. 7. Motion to Approve: Ordinance No. 19-2006, at First Reading. Mayor Randels requested that all speakers state their name and place of residence when they come to the podium. Council decided to discuss the Ordinance at length. Mayor Pro Tem Hoog interjected to ask if those awaiting approval of the Site Plan at the later part of the Agenda would be heard. Mayor Randels clarified that consensus was to discuss the Ordinance and the subsequent Site Plan item would be heard. He requested that the audience remain civil. Mayor Randels read Ordinance No. 19-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING AN AMORTIZATION SCHEDULE FOR TRANSIENT COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS WHICH WERE IN EXISTENCE, LICENSED BY THE STATE AND PAID APPLICABLE STATE TRANSIENT RENTAL TAXES BY DATE CERTAIN AS SET FORTH IN THIS ORDINANCE; PROVIDING FOR EXTENSIONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels called on those who would speak either for or against the Ordinance. Mr. Petsos asked to hear from those with something different to say from the previous meeting. Ms. Lois Palmer, of 170 Long Point Road, Long Point Townhomes speaking for the Ordinance, stated that residents not in favor were at a breaking point. She stated that City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 6 of 17 there were two hotel accommodations in the City. Ms. Palmer referred to the rented townhomes as cash cows for out of town property owners. Mr. Allen Kelly, Orlando police officer and owner of a townhome in Ocean Woods, stated that he rented his property in Ocean Woods. He expressed that the home is in a gated community and he said that this ordinance penalizes the property owners. He replied that the home was not a cash cow and explained that he invested much time and money into his property. Mr. Kelly informed that the precinct told him that they only received one violation and he was told by City code enforcement that the ordinance would be difficult to enforce. Ms. Sally Stevener, of 419 Jackson Avenue, said that the increased number of vehicles was an ongoing problem. She also stated how security was also an issue. Ms. Stevener related that she moved to Virginia to get away from the issue. She concluded that the property owners were not stating the truth about the rental properties. Ms. Elana Whitehead, of 619 Monroe Avenue, stated that she did not want her property rights removed due to bad neighbors. She stated that if there were problems she hoped that the Council would work within the existing regulations to solve them. Ms. Whitehead concluded that you could not legislate against undesirable people. She asked the Council not to pass an ordinance that would lower property values and lead to even more problems than it eliminates but to enforce the regulations in place. Mr. Norman Boucher, of 8670 Villa Nova Drive, reminded the Council of how hard they have worked to separate residential from commercial. He noted how Special Exceptions allowed for residential next to commercial and now a business would be allowed next to residential property. Mr. Boucher related that he circulated a petition on the short term rentals and without question people were in favor of disallowing them in residential zoning. He expressed his views on those who buy property but live in another location. Mr. Boucher stated that he was adverse to amortization of any kind. Mr. Boucher concluded by saying that the City's mission statement calls it a `residential community." He stated that residents do not want rentals in their community. Mr. Tim Levensaler stated that he is against the ordinance and he was licensed to operate the townhomes as an investment, not a business. Mr. Levensaler agreed with regulating the properties and submitted a draft of a Short -Term Renter's Rules and Regulations for the Homeowner. He did not agree with changing the law to the detriment of the property owner. Mr. Levensaler quoted that a Third District Appeals Court Judge in Rollison v. Key West ruled that a City Council could not take away a property owner's rights without a grandfathering provision. He said in conclusion that he had petitions with over 100 signatures. Mr. Petsos questioned if those that signed were residents. Mr. Roger Dobson, an owner of the Residence Inn in Cape Canaveral, stated the City has a zoning ordinance that establishes commercial and residential zoning. He promoted City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 7 of 17 residency and was in favor of reducing transient lodging in the R-1, R-2, and R-3 zoning. He explained that hotels adhere to life safety and Americans with Disabilities Act requirements. He stated that the hotel also provides 24-hour on site -management and he said that the proper place for transient lodging was the hotel. He asked that the Council vote in favor of the proposed ordinance. Mr. Francis Kuhn, of 102 E. Central Blvd., stated that he could not understand the constitutionality of taking something that an owner has done for some time and then telling them to cease. Mayor Randels affirmed for Mr. Kuhn that he would be included in the new ordinance if he is an owner of a triplex. Mr. Kuhn stated that it is Sheriffs Department's responsibility to regulate violations such as parking and noisy neighbors. He stated that what the constitution provides was being taking away. Ms. Bridget Gibbs, of 413 Jackson Avenue stated that she called the owner however with minimal response. She stated that security is an ongoing problem. She expressed that she did not think the police would respond if called. Ms. Gibbs concluded saying that there have been as many as 13 cars at one residence. Ms. Camilla Yamasaki stated that she lived in Cape Canaveral for 25 years and owned and operated seasonal rentals. She related the difference between short and long term rentals as: 1) noise has not been an issue with short term rentals, unfortunately long term tenants are generally noise nuisances, 2) short term tenants typically have one vehicle per unit; however, longer term tenants have two or more vehicles, 3) transient neighbors from week -to -week are short lived, and 4) too many people in a unit was met with disapproval. In summary, Ms. Yamasaki stated that short-term rentals were not the problem unless the owner was not doing due diligence. Long term renters pose more problems and were more difficult to control once becoming problematic. She stated if she converted her seasonal rentals to longer term rentals charging less rent would result in a dramatic decline in the neighborhood. The longer term rental population was not overly desirable. She believed in regulation for short term rentals. Ms. Yamasaki concluded that she was against the ordinance. Mr. Pat Luney, General Manager of the Residence Inn by Marriott, stated that the zoning was the issue and in residential a person should reside; whereas, commercial is a business operation. Mr. Luney stated that there should be guidelines for commercial businesses such as the hotels that abide by stringent life -safety regulations. He concluded that he did not see the fairness of operating a commercial business in a residential area. Attorney Justin Paine, of the Watson, Swallow Law Firm representing the Space Coast Association of Realtors, stated that the discussion over the ordinance was parking and noise. He stated that the ordinance was overly broad and was not the proper government action to address parking and noise issues. The ordinance eliminates City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 8 of 17 the rental of single family homes and makes the distinction between four or five units with no basis for that distinction. He stated that codes are in place to address the parking and noise issues. He concluded that the Space Coast Association of Realtors was against the ordinance. Ms. Clara Wycinski, of 632 Adams Avenues, explained how a family was inclusive of whomever people chose to stay in the unit. She stated that the transient population disrupts the neighborhood. Mr. George Sweetman, of 7200 Poinsetta Avenue, stated that he owned commercial properties in the City. He explained that he Chaired a Governor appointed Commercial Fishing Industry Board that met to gain solutions to his industries problems. Mr. Sweetman said that parking and noise was the discussion. He related that he operated his two four-plex properties for many years. He questioned how the Council chose four units or less. He requested a committee to gain solutions to address the issues in discussion not more legislation. Mr. Sweetman also questioned how commercial properties would handle increased insurance rates in light of increased taxes. Mr. Sweetman said that a committee was needed for more discussion prior to adopting this ordinance. He did not understand why people were afraid to call law enforcement. Mr. Sweetman reminded that problems could also occur in larger units. He related that properties were grandfathered -in Satellite Beach. Attorney Garganese stated that the four units or less was chosen from the Florida Statute Chapter 509, Definition of Resort Dwellings that addressed one, two, three and four family dwellings and was used as a guideline for the ordinance. Ms. Joan McCluney, 219 Johnson Avenue, stated that a business is adjacent to her residential property and she questioned if she could move her quilt shop business to residential zoning. Mayor Randels clarified that her shop was under the guidelines of permitted use. Mr. Ron Woods, of Harrison Avenue, expressed agreement with Mr. Sweetman. He spoke on illegal activity in the condominiums. Mr. Woods described the unattractive debris left behind after the long-term rentals move from the neighborhood and their unruly behavior. Mayor Randels asked if Mr. Woods notified the police of the illegal infractions. Mr. Woods said that Law Enforcement replied to him that they could not catch everybody. He stated that owners should police their own property. Mr. Tom Williamson, joint owner of the Residence Inn, stated that discussion appeared to focus on a problem with renters. He related how in the fishing industry, Charter boats were regulated. He concluded that short term, transient rentals are not adhering to regulations. Mayor Randels clarified that the current zoning ordinance permitted weekly rentals. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 9 of 17 Ms. Monique Masclet stated that she owns a short-term rental property on Presidential Court surrounded by residential property. She related on the success of her weekly rental property. Ms. Masclet stated that the 90 -day regulation would impair her operation. She informed that she pays more taxes than a resident and property owners have a voice in the community. Mayor Randels pointed out that Mr. Sweetman's suggestion of group discussion would allow her to speak on her success. She proposed that the ordinance's adoption would result in litigation and she desired to avoid that circumstance. Ms. Masclet concluded that trash occurred from residents not short-term renters. Mr. Petsos read the City's mission statement and emphasized that the City was a residential community. He stated that the City would move toward a resort community if no action were taken on the rental property issue. Mr. Petsos pointed out that this allows for a business in the residential community. He stated four units or less was State mandated and he stated further that Satellite Beach grandfathered only condominiums and they were now seeking to remove those from being short term rentals. Mr. Petsos stated that there was no on site security management or life/safety regulations for these establishments which was required from hotels. Mr. Petsos pointed out that people expressed that property values were being lowered; however, the property values were based on use which was residential. Ms. Roberts requested that the Council continue to hear the audience's concerns. Mr. Jim Whitehead, of 619 Monroe Avenue, added two points to concerns from the previous meetings. He stated first that there were problems with both long and short- term rentals and the landlord was the issue not the renter and secondly, residents were the factions conducting illegal behavior not the short-term renter. Mr. Celestine Wycinski, of 632 Adams Avenue, stated that he moved into his neighborhood in 1998. He related on how an adjacent short term rental was painted in an aesthetically unpleasing manner. Ms. Dawn Hulley, of Merritt Island representing the Central Florida Real Estate Investors, distributed demographics with the statistics of owners v. renters. She informed that in Cape Canaveral, 62% of the properties are not owner occupied. Ms. Huley noted that the methane lab reported in a news article was conducted in a long-term rental. She stated that people enjoy vacationing in a home -away -from home and some famous persons prefer a home to a hotel which results in lost tourism dollars. Mayor Randels reviewed the data and concluded that owner occupied property is less than 50 percent. Ms. Roberts responded that those properties may be those in which owners live in other parts of the county. Mr. Whitehead stated that not all homestead property is owner occupied. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 10 of 17 Ms. Sandi Trudeau explained that she and her spouse John Trudeau purchased investment property with the intent to rent. She disclosed that a wedding was held at the home; however, no more weddings would be held due to the noise. Ms. Trudeau stated that she was receptive to regulation. Mayor Randels stated that City zoning allows for one-week. A resident expressed that home owners were not asked if they were in favor of such business in the neighborhood which infringes on their property rights. Mr. Frank Kuhn expressed that there were City ordinances that regulate what he heard so far in the discussion. He also summarized how he could rent for 90 days and not comply with the required long term rental. Mr. Petsos expressed that a decision was needed on the City's direction: to remain a residential community or to seek a resort community atmosphere. He replied to Mayor Randels that he would insert into the date certain of compliance as one year from approval at second reading. Mr. Petsos reminded that discussion began in April 2005 and the Planning and Zoning Board reviewed the issue on May 26th, 2005 and the City Attorney had agreed that the amortization schedule was feasible. Attorney Garganese stated that he had recommended an amortization provision in the context of the Council's decision. He informed how the Courts would look into reasonableness aspect of amortization. Mr. Petsos stated that Council was not eliminating the right to rent but regulating the length of rental time. Attorney Garganese referred to the Rollison v. City of Key West case that was previously cited which related to a non- conforming use and said that the case did not address amortization; however, Cape Canaveral was considering amortization. He explained that in Florida some non -conforming uses have been amortized such as billboards and adult entertainment establishments. A municipality could then exercise its police powers to effectuate the change in law relative to a particular use going away over a set period of time. There was balancing of property owners interested in a resort dwelling versus the public as a whole. Council was considering the public policy it was attempting to promote. Mr. Petsos stated that this was what prompted his question on what was the Council's direction for the City. Mayor Pro Tem Hoog expressed that he was against daily or weekly rentals. He stated that the City had granted uses for R-1 through R-3 zoning. Mayor Pro Tem Hoog explained that many types of businesses are allowed in the residential district with the exception of sales of items. He said that Cape Canaveral is a type of resort community having given one of them an award. Mayor Pro Tem Hoog stated that the Planning and Zoning Board needed more discussion on the matter. He stated that he was opposed to daily rentals. He expressed that he listened to the residents and he was in favor of regulation. He stated that life safety issues City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 11 of 17 were also a concern. Mayor Pro Tem Hoog recommended a joint workshop with City Council and the Planning and Zoning Board. He explained that an ordinance would allow for regulation with consequences. Mr. Petsos said that the amortization would allow the owner time to comply. Mayor Pro Tem Hoog expressed that the amortization schedule did not allow for enough time. Mayor Pro Tem Hoog suggested a 20 -year amortization period after which the property could no longer be used for that operation. He also suggested seeking if those owners were State and City licensed for those that were not illegally operated. Mayor Pro Tem Hoog related how the City has issues with drugs, prostitution and nuisances such as spray painting. He expressed favor for a curfew and called for more rigorous law enforcement intervention. He stated that illegal activity was occurring; however, it was not occurring due to the weekly renters but from residents. Mayor Pro Tem Hoog concluded that the City would protect its citizens but to give the owners time to before eliminating their businesses. Ms. Roberts asked Mayor Pro Tem Hoog for clarification and if he was in favor of a portion of the ordinance that referred to weekly rentals. He replied that the City needs to regulate them before they were no longer and 90 days was not enough time before they were eliminated. Mr. Petsos replied that the intent was to eliminate weekly rentals and they are still afforded longer rentals. Mayor Pro Tem Hoog expressed that results could be better achieved through Council and Planning and Zoning Board discussion. He reiterated that illegal activity was a problem without proper curfew. Mayor Randels expressed from observation that other problems are not legislated. He said that the length of time does not constitute the type of neighbor. He noted that there was a County ordinance that addresses performance standards. Mayor Randels concluded that regulation would allow for accountability from the owner and recurrent penalties would result in occupational license revocation. Mr. Nicholas stated that he preferred to maintain the integrity of the neighborhood. He related how short term rentals broke the integrity of some neighborhoods and this was Mr. Petsos' consideration. The commercial operation in a residential neighborhood creates an incompatibility. Mr. Nicholas stated that revoking a license or rescinding a special exception would result in legal matters. He concluded that he preferred to live in a residential neighborhood with concerns. Mayor Pro Tem Hoog pointed out that regulation would cause those who were not operating legally to work within the law. Ms. Roberts stated that the Council heard much from the resident's viewpoint and it contributed greatly to understanding the issues. She understood Mr. Petsos' concern with the City moving toward a resort community; however, there were property owner's who desired to do business in the City through their properties. She agreed with Mayor Pro Tem Hoog that the Council and the Planning and Zoning Board schedule a joint meeting prior to a final decision. Ms. Roberts stated that in the condominium community was moving toward a 90 -day rental. She also stated that Satellite Beach was working on its rental time issue. Ms. Roberts recommended validating the census information in that City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 12 of 17 what was submitted was from 2000 due to the City growth. Mr. Nicholas spoke on the percentage difference between owner occupied and rentals. Mayor Pro Tem Hoog interjected that regulation applied to the annual rentals and code enforcement should be adequately applied. Mr. Petsos questioned how many more properties would be allowed due to the length of time. Attorney Garganese replied that the Council was expressing at least two or more views. He stated that the ordinance could be passed at First Reading and establishes the 90 -day rule from this day forward. However, those duly licensed resort dwellings would be grandfathered -in removing the amortization provision. This would protect the City from additional duly licensed resort dwellings. Then the Council could review performance standards to apply to the existing grandfathered resort dwellings and Council could establish different regulations if necessary. If different regulations were established, and they do not perform and the problem was chronic for those grandfathered resort dwellings and amortization could be applied to those grandfathered resort dwellings to eliminate them in the future. He explained that if the Council proceeded with a moratorium, it would disallow any more resort dwellings. However, if the ordinance proceeds with the 90 -day rule Council would address the same issue. He concluded that the City was aware of those who were operating lawfully. Discussion concluded that six months and one day was the threshold for paying taxes. A property owner pointed out that licensing did not mean that taxes were paid. The 649 tax accounts were paying taxes. Audience response brought out that there were several categories of licensing such as resort rental or transient rental. Anthony Garganese suggested for future or additional resort dwellings or licensed transient uses to move forward with the ordinance and eliminate the amortization provision. The ordinance by intent defined a prohibited use in the R-1, R-2 zoning district and that prohibited use was any transient commercial use of the single-family dwelling of less than 90 days within those zoning districts. If Council proceeds with that prohibited use, once the ordinance was adopted, those transient uses that were not grandfathered would be prohibited. Those in place before the adoption of the ordinance would receive grandfathered status due to the elimination of the amortization provision and they would be grandfathered pursuant to the non -conforming use guidelines that read that if the grandfathered use was abandoned for an established length of time the use is eliminated. This would allow the Council time to study if additional limitations were needed on the grandfathering provision. Attorney Garganese replied to Mayor Randels that this ordinance did not address the seven unit property. Discussion pointed out that the ordinance would be decided on at first reading. Attorney Garganese recommended inserting a licensure date of November 21St. He stated that the ordinance was duly noticed and had received media coverage. Mayor Randels called for an extension of time. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 13 of 17 A motion was made by Mr. Petsos and seconded by Mr. Nicholas to approve an extension of time for completion of the Agenda. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Mr. Jim Whitehead pointed out that the decision would satisfy only six property owners. One property owner stated that he had two occupational licenses. Mayor Randels explained that there were several categories such as: resort dwellings, transient rentals and weekly rentals. Todd Morley, Building Official and Andrea Bowers, City Treasurer both agreed that there were few Occupational Licenses; however, a State License was required prior to operating a short term rental. Ms. Bowers asked the City Attorney what would apply to the moratorium. Attorney Garganese clarified that the motion, with respect to prohibited uses and structures, that in R-1 zoning the City would add a prohibited use of a transient commercial use of a single-family dwelling for less than 90 consecutive calendar days is prohibited. However, any dwelling being used as a transient commercial use which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations as of November 21, 2006 would be considered a non -conforming use. He replied to Ms. Roberts that State licensing and paying taxes pursuant to law was the requirement. However, the R-2 and R-3 would address the multi- family dwelling unit of four units or less for a period of less than 90 days in the wording. Ms. Bowers questioned if he were saying that these owners were not required to be licensed by the City? Attorney Garganese replied that they were not an allowable use now; however, they were licensed by the State. An owner replied that many people had their State licensing, but not an Occupational License. Mr. Petsos stressed the importance of passing the ordinance at First Reading in light of those who would subsequently register as a resort rental. Ms. Roberts clarified a State license was required first and then a City occupational license. She expressed for clarification of acquiring both licenses. The City Manager pointed out that many were not State licensed operations. An owner related that he was informed that he only needed an Occupational License from the City. Mr. Richard Vitez, of Melbourne, informed that he purchased a property for short-term rental. He informed that he applied eight days ago for State licensing. Mr. Frank Kuhn expressed that the current housing market did not allow for anyone to bypass the needed licensing requirement. Ms. Roberts restated her concern to include the requirement to obtain an Occupational License from the City. Attorney Garganese clarified that the grandfathering requirement would include: showing a State license, a City license and proving that the operation was in existence prior to November 21St. Those that applied for a State license prior to November 21St and have obtained a City Occupational License would also be grandfathered in. Attorney Garganese explained that the purpose of the State license would determine if the facility met public safety health codes. If they City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 14 of 17 were rejected by the State, a City Occupational License would not be the standard for operation. Audience members related how their properties were inspected. Mr. and Mrs. Jim and Elena Whitehead expressed that it appeared that the Council was rewarding those who created problems and penalizing those who created no issue. Mr. Boucher pointed out that Council and the Planning and Zoning Board would discuss performance standards at a joint workshop meeting. The proposed ordinance would lay the foundation for a possible zoning use change by reason of the four units, 90 -day or less provision. He requested, due to the upcoming holidays, that Council schedule a second reading at its January 16th meeting. Ms. Roberts asked if a moratorium was in effect as of the first reading. Attorney Garganese explained that this has been a pending ordinance for some time and if the Council proceeded to adoption it would be applied retroactively. Ms. Roberts expressed that the dialogue that had occurred for over a year moved the Council to this point. She stated the Council appeared to want to protect the residential nature of the City and that the owners who were against the ordinance were those individuals with circumstances already in place. However, Council was providing the prerogative of a 90 -day rental which did protect their rights as a homeowner. Attorney Garganese affirmed for Ms. Roberts that the need of a City license was added to the motion. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Amend the Main Motion to include the language, "To Become a Grandfathered Transient Commercial Use, One Must Possess a City Occupational License as of 11-21-06 and have Received a State License Issued by the Florida Department of Business and Professional Regulations for Transient Commercial Use within Three Months of the Effective Date of the Ordinance, They Will Be Considered Grandfathered as well. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 19-2006 on First Reading, Striking the Amortization Provision in Section 110-485 and inserting the date of 11-21-2006 for Purposes of Determining Who Would Be Grandfathered -In as a Non -Conforming Use, Those Transient Commercial Uses Which Were in Existence and Licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations or by the City and That Have Been Paid Applicable Transient Rental Taxes Pursuant to Section 212.03 Florida Statutes or Have Applied for a State License and Ultimately Received that State License. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, Against and Ms. Roberts, For. Discussion concluded that the Second Public Hearing would occur on December 5, 2006. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 15 of 17 Council would hold a joint meeting with the Planning and Zoning Board regarding the Performance Standards. Ms. Roberts also requested updated data on homestead rentals for 2006. 8. Motion to Approve: Ordinance No. 20-2006, at First Reading. Mayor Randels read Ordinance No. 20-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,; AMENDING CHAPTER 86 CONCURRENCY MANAGEMENT SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING ARTICLE II. OF CHAPTER 86, IMPLEMENTING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS PURSUANT TO THE REQUIREMENTS OF FLORIDA LAW; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Todd Peetz, City Planner, stated that he was available for questions and deferred to the City Attorney to provide background for the ordinance. Attorney Garganese explained that if the City had a development project that caused the transportation level of service to fall beneath the City's minimum level of service, the developer must pay their proportionate fair share of the roadway improvement that would bring the roadway back to the proper level of service. The ordinance is recommended by the Florida Department of Transportation. Ms. Roberts questioned if this applied to the Port. Mr. Petsos replied that the Port was not required to address concurrency issues. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Ordinance No. 20-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 9. Motion to Approve: Ordinance No. 21-2006; at First Reading. Mayor Randels read Ordinance No. 21-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/06, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Andrea Bowers, City Treasurer, informed that this ordinance completes the 2005/ 2006 Budget year. She informed that $126,000 was available from the Police Services contract. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 16 of 17 There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 21-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. SITE PLAN: 10. Hertz "Local Edition" Vehicle Rental Facility. Mr. Bill Stevenson, representing the owners of an out parcel of slightly less than an acre on the Residence Inn property, requested that the Council consider the request. He stated that the parcel on a north portion of the Residence Inn parcel. Mr. Petsos inquired about the St. Johns requirement. Mr. Boucher explained that one of the conditions was that St. Johns reserved the right to review the drainage aspects of development on the two out parcels. Mr. Boucher noted that the drainage on the southwest portion and said that asked if the appropriate drainage easement were secured. Mr. Stevenson explained that the condition was met for 70 percent or less of impervious surface. He informed that a binding Agreement was drafted in August and send to St. Johns that provides the out parcels owners ingress and egress. However, the authorizing Agency was slow to respond. Mr. Boucher stated for the record that Mr. Stevenson obtain the Agreement. Mr. Morley added that he has historically received Notices of Intent to Permit. Mr. Stevenson replied to Ms. Roberts that a Car Rental facility did not incur many employees. Ms. Roberts informed that Gold Service usually requires more employees. Mr. Stevenson stated that this facility would not incur the volume such as that of the Orlando Airport. Ms. Roberts clarified that this site would not operate as a full service Hertz site in the traditional sense. Mr. Stevenson replied that the facility met Hertz needs within the parameters of the lot. Ms. Roberts asked if the facade was a Hertz generated fagade. Mr. Stevenson stated that what was selected fits in with the adjacent building as reviewed with the Architectural Review Board. Mr. Boucher replied to Mr. Petsos that the two Hertz locations were not linked. Mr. Stevenson affirmed that handicapped parking was available. He also affirmed for Mayor Randels that ingress was made from the Residence Inn. Mr. Stevenson informed that the hotel would also share sign space and apply for an amended sign permit. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve A Site Plan for the Hertz "Local Edition" Vehicle Rental Facility. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 17 of 17 REPORTS: Due to the lateness of the hour, there were no reports. ADJOURNMENT: There being no further business, the meeting adjourned at 11:01 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-49, REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-49, reappointing Thomas Quinn as a regular member of the Construction Board of Adjustment and Appeals. Summary Explanation & Background: Mr. Quinn's appointment will expire on 12-15-2009. I recommend approval. Exhibits Attached: Resolution No. 2006-49 CityMana, Office Department LEGISLATIVE -nt\cape ydaci s admin\council\meeting\2006\12-05-06\2006-49.doc RESOLUTION NO. 2006-49 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Thomas Quinn is hereby reappointed as a regular member of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2009. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of December, 2006. ATTEST: Rocky Randels, MAYOR Susan Stills, CITY CLERK FOR AGAINST APPROVED AS TO FORM: Bob Hoog Leo Nicholas Anthony Garganese, CITY ATTORNEY Buzz Petsos Rocky Randels Shannon Roberts :juj t. central uvd. Cape Canaveral, FL 32920 Dear Mr. Quinn City of Cape Canaveral Your term on the Construction Board of Adjustment expires in December. Please check the box that indicates your desire to continue to serve on the Board for another 3 - year term and return this notice to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda in December. Thank you. 0 1 DO wish to be considered for reappointment __1 I -.DO NOT wish to beconsidered for reappointment. (Signature) homas Quinn, ConstructionBoard Sincerely, Virginia S. Haas, CMC Assistant City Clerk 1015 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 'Ielephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.mvflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS REVISED 10/04/06 Board Meets On As Needed 5 Member Board Serving Three (3) Year Basis Terms per City Code 2-171(f) 1 Member Vacancy MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES THOMAS QUINN (H) 784-4817 12-02-03 12-15-06 303 E CENTRAL BLVD (W) 784-4817 07-17-01 Qandwl@aol.com NORMAN BOUCHER (H) 452-0552 12-06-05 12-15-07 8670 Villa Nova Drive (W) 452-3040 12-02-03 nbouc@bellsouth.net (C) 863-9695 07-17-01 05-06-97 RANDALL BYRD (H) 453-6564 12-07-04 12-15-07 2325 JASON ST 12-02-03 MERRITT ISLAND, FL 32952 07-17-01 05-06-97 Byron Evetts (H) 783-0298 10-03-06(reg) 12-15-09 122 La Rievere Rd. Cocoa Beach, FL 32931 Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-50, APPOINTING A REGULAR MEMBER TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-50, appointing Joanne Muncey as a regular member of the Business & Cultural Development Board. Summary Explanation & Background: Ms. Muncey's appointment will expire on 06-01-2008. I recommend approval. Exhibits Attached: Resolution No. 2006-50 City Mana 's Office Department LEGISLATIVE cape\my is admin\counci eeting\2006\12-05-06\2006-50.doc RESOLUTION NO. 2006-50 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR 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 Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Joanne Muncey is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 5th day of December 2006. ATTEST: Rocky Randels, MAYOR Susan Stills, CITY CLERK FOR AGAINST APPROVED AS TO FORM: Bob Hoog Leo Nicholas Anthony Garganese, CITY ATTORNEY Buzz Petsos Rocky Randels Shannon Roberts To: Bennett Boucher, City Manager Susan Stills, City Clerk ty of Cape Canaveral From: Ed Lawson, Secretary, Business and Cultural Development Board Dater 11/16/2006 Re: Request for Board Member Interview The Business and Cultural Development Board has interviewed Ms. Joanne Muncey as a prospective Board Member to the Business and Cultural Development Board. The board recommends that City Council interview and appoint Ms. Muncey as a regular board member to the Business and Cultural Development board at the December 5, 2006 City Council Meeting. Respectfully, Ed Lawson Secretary, Business and Cultural Development Board Attachments Board Applications 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 * www.myflohda.com/cape 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: ccapecanaveral@cfl.rr.com 1 vA _ U III OCT 17 20,06 CITY OF: CAPE CANAVE APPUCATIO1y FOR APPOINTMENT TO C1 TY ADVISORY BO Purmm"t to 84016n 2-171, Cap C4naverat Coda alsoCi Coda requires ProsPscxtve and wdsting board members to 611 out an prohibits a peraon from serving on a C application. convicted of a felony, unless Code their civil r1 a have V or Cpmmittae rY tftet person has been been restored. Please complete the folkrMn9 in the spacs provided: A. GENERAL 1 • Applicant Name: 2. Home Addrmw.020 / h 70sr 3. Home Te)ephone: % Z 4. Occupation; 5. Business Telephone: .. g• Business Address; Cjj�C B• ELIGIBILITY The information provided in this section is for purposes of determining to serve on a City advisory board or cornmitiee. mether You are eligible I • Are you duly registered to voie in Brevard County? 2. Have you been a resident ofle(N) Canaveral for 'I2 months -or tonggr7 ity of Cape 3a. Have you ever been convicted or found guilty, regardless of adludfcation, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. M%'� 3b. if yes to 38, have (N} your civil rights been restored? 4a. Do you presently serve an any other City of �� m (N)_A/ Canaveral advisory board or committee? 4b. If yes to 4a, please list each: M, .(?'d g .:�; 9003. T ;10 =70T98T .-:xL NI: T� WqN-� '1.4T rr Cin $ City ordinance requires th City advisory board or all persons aDPlyir+fl for a to a standard ori committee must voluntarily consent appointed � a mind backend cheat batons being consent t4 board Or committee. Do you voluntarily having a standard background chscic initials performed on you b the Y City of Cape Canaveral? / 8a. Are you related to a CI of Ca '� (N) memberby blood, ado ry Pe Caneyeral Council adopt or marriage? 6b. "Yes "a. Plesse provide names) of persons) and relationship to you: C. INTEREST -EXPERIENCE Briefly stats your inst in sery •tere9 on a ity adviso board or mmittee: IM 7t& e- 2• Briefly state an � Y Prior xPeriences in se Ing on an p e y goverrmmental board or comrttittee: . n . 3• Please list an •' conMactor, etc.j specialized skills and training (e.9,architect committee: You fee, help to qualify you for mamba engineer, general rship on the desired baen al !O C y I 4 to numerical sequence (1 n most interested boy committee on which, wish to sarve: )' P1easB rank which advisory board or 8. Beautification Board b. Board of Adjustment* C. Business and d, 8 t`d Cultural Deveioprnont Scard. . Code Enforcement Board - e. 3 Comunity m f ~' Appearance Board Construction Board of Adjustment and A 0- Library scab PPealS• h j Planning and Zoning Board - i.— 2. Recreation Board j• Other. *Member,; of these bcard.3 era n:quir+sd `v COM P1618 ;nonDiscfosur+A FOr uFon apporrltrnt o/sarc! `510 with she Su ecfians a n9 'be /nl6al BRP=%ntmertf while sail/ 8 nlgrn bnaRi enc{ prior to lSCj of Fl member of said ,board. Y of each year 9NT>-7NTgni7 -)IT D. STATE REPORr,NG REQUIREMENTS. Secfion 780.80, Florida StatJtas of State disclosing �� 1 Mquires that the City annually submit a Please Check the a , !ender and physical disabifities of board and to � Secretary APropriats boxes: nd comml AAQE flee members. �- African-Ame,icw Asianygmerfcan Mala Hispanic -American �- Female --�— Native American -- Not Known Caucasian ---: Not Known D Lt YOU HE Physically disabled R_9Y REPRESENT TO THE CITY OF PERJURY, THAT THE INFORMATION p CAPE CANAVERAL, UNDER PE. THE BEST OF YOUR KNOWLEDGE, ROVtDED HEREIN IS SUE PENALTIES OF RIGHT TO RELY ON THAT INFORMATION. THE CITY OF CAPE CANAVERAL ACCURATE TO YOU HEREBY ACKNQ AVERAL HAS THE OFFICERS RECTI EDGE THE �EXfSTENCE OF THE "SUNSHINE LAW" 112311.,320 FLORIDA gTUTD ©F MIC' FOR PUBLIC YOU IF YOU (SECTION 288.011, FL.ORlDA STATUTE i AND THE FLORIDA APPOINTED, iT g YAPPOINTED TO A CITY ADVISORY 8O Sl° WHICH MAY PERTAIN TO LE OBLIGATION AND D ARD OR COMMITTEE, AND IF PLEASE NOTE: DU Tai COMPLY WM1 SUCH LAWS. rnitlai aPpointrrtent to any City board is sub Interview before the City Council at a lett to City Council a ro Your application will remain rsgutarty scheduled meatln$P v81 following a brief If you should have an active for one year from tt+.e data .� contact the CI Y questions �garding the =MPP --;on of ► �mpie9 ' City Clerk's O fics at (321) 8M 1221. �t�s aPPlication Plea3e Signature: Date: T 7.. Zes ---.�. Pleasa return to: Cit' of Cape Canaveral Qfce of ft City Clark 105 Polk Av°n:4 Cape Canaveral, Flcr +$ 32920 ;gip X2 _v`C�TagTc`�- gNT:4-T7niTnnm CITY OF CAPE CANAVERAL BUSINESS AND CULTURAL DEVELOPMENT BOARD REVISED 11/27/06 Board Meets 3rd Wednesday 5 Regular/2Alternate Member Board Monthly in Annex at 7pm Serving Three (3) Year Terms under City Code Sec 2-171(f) MEMBER NAME/ADDRESS TELEPHONE APPT DATE TERM EXPIRES CHAIR JOHN ANDERSON (H) 784-1607 06-07-05 (Reg) 06-01-08 8106 Presidential Court 0419-05 (1st Alt) johnandersoniesc@yahoo.com 01-04-05 (2nd Alt) DARRELL PETERSON (H) 784-,4097 0418-06 (1st Alt) 06-01-09 703 Solana Shores Dr., #202 (C) 917-8379 08-15-06 (Reg) petersdp@peoplepc.com ALISON SPIESMAN (H) 868-4410 06-20-06 (2nd Alt) 06-01-09 8773 Live Oak Ct (C) 432-7231 08-15-06 (Reg) Alison@paradiseparasol.com DIANNE MARCUM (H) 868-0075 10-03-06 (Reg) 06-01-08 5801 N. Banana River Blvd. #953 cfl.rr.com diannem@cfl.rr.com GENE VLAHOVIC (H) 453-2408 09-18-06(1st Alt 06-01-09 4800 Yuma Trail (C) 961-2202 Merritt Island, FL 32953 jagodana@bellsouth.net 1 st Alternate 1 Member Vacancy Meeting Type: Regular Meeting Date: 12/05/06 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RENEWAL OF INMATE LABOR CONTRACT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the inmate labor contract with the Florida Department of Corrections in the Amount of $55,777.00 as recommended by the Public Works Director. Summary Explanation & Background: This is a budgeted item, and I recommend approval. Last year's contract was in the amount of $52,330.00. Exhibits Attached: Contract City Mana Office Department PUBLIC WORKS/BEAUTIFICATION ca m\myd um d in\council\meeting\2006\12-05-06\inmate.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 6, 2006 SUBJECT: City Council Agenda Item for December 5th, 2006 Department of Correction Agreement Renewal In 2004, The City of Cape Canaveral entered into an agreement to utilize an inmate crew to ensure the availability of the work squad. Historically, the Public Works Department has utilized innate crew when they are available. At a time of need, the inmate crew was not always available due to other commitments. As a cost saving endeavor, staff was able to establish an Agreement with the Department of Correction for a work squad. This agreement between the City and the Department of Correction will establish a Correction Works Squad Officer and a Work Squad of up to eight inmates. This Contract increases the resources of the City and establishes productive inmates for the State of Florida, hence a Win — Win Agreement. This is the third year for this Agreement. The cost of this annual agreement is for the Correction Officer in the amount of $55,777. In addition, the City supplied a 12 passenger Van. Funds are budgeted for this endeavor within the Beautification Fund. Recommend the approval of the Contract renewal between the Florida Department of Correction and the City of Cape Canaveral. Attachment CC: File CONTRACT # W S364 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF CAPE CANAVERAL This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral ("Agency") which are the parties hereto. WITNESSETH WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33-601,201 and 33-601.202. Florida Administrative Code, provide for the use of inmate labor in work programs, WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff, WHEREAS, the City of Cape Canaveral is a qualified and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract,. and in recognition of the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows: 1. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall begin on March 12, 2007 or the last date of signature by all parties, whichever is later. This Contract shall end at midnight one (1) year from the last date of signature by all parties or March 11. 2008, vwhichever is later. In the event this Contract is signed by the parties on different dates, the latter date shall control. B. Contract Renewal This Contract may be renewed, at the option of the Agency, for one (1) additional one (I) wear period after the initial Contract period upon the same terms and conditions contained herein. The Contract renewal is at the Agency's initiative with the concurrence of the Department. The Agency, if it desires to reneN% this Contract. shall exercise its option no later than sixty (60) days prior to the, Contract expiration. Page 1 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 11. SCOPE OF CONTRACT A. Administrative Functions Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed b_v an inmate(s) performing services under this Contract between the parties. 2. Each partv will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services Responsibilities of the Department a. Pursuant to Chapter 33.601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one (1) Work Squad(s) of up to eight (8) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) out would breach good security practices:. when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave.: when the officer's presence is required at the institution to assist with an emergenc,� situation, when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position(s) within five (5) working days. C. For security and other reasons, the Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal wort: items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department shall maintain an inventory of all property, expendable and non -expendable. provided by the Agency, which is in the care, custody, and control of the Department.) A hand receipt shall be signed by the Departments Work Squad Supervisor upon the issuance and return of non -expendable items. d. In the event of damage to property as a result of an accident charged to a. Department employee or blatant acts of vandalism by inmates. or loss of tools and. equipment, the Agency may request that the Department replace or repair tc previous condition the damaged or lost propertv. C. The Department shall be reimbursed by the Agencv for the Departments costs associated with this Contract in accordance with Addendum A. Page 2 of 12 Plaster Document Revised 09/21/06 CONTRACT # WS364 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV., these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for imnates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. The Department shall be responsible for achninistering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. J_ The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. M. Both parties agree that the Department is making no representations of the level of skills of the work squad. 2. Responsibilities of the Agency; a. The Agency shall periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of' the municipality, city, county, governmental Agency, or non-profit organization and that private contractors emploved by the Agency do not use inmates as any part of their labor force. Page 3 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation, tools and equipment belonging to the Agency, which remain in the care, custody and control of the Agency and that are assigned to this program. e. The Agency shall provide vehicles for transportation of the work squads in accordance with the requirements of Addendum A. 3. Comm Lim cations Equipment It is the intent of this Contract that the Work Squad have and maintain communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio conilnunication equipment owned or purchased by the Agency that is progranvned to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract, the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Field Support Services, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(les) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or conununications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(les) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Page 4 of 12 Master Document Revised 09/21/06 CONTRACT # W 5364 C. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract and shall notify the Agency when a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer for the work squad is provided by the Agency at no cost to the Department, and the Department maintains the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. Upon the end or termination of this Contract, the trailer will be returned to the Agency. III. COMPENSATION A. Payment to the Department 1. Total Operating Capital To Be Advanced By Agency, as delineated in Section V., of Addendum A, shall be due and payable upon execution of the Contract. The Department w111 not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the Work Squad. 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks. The second quarterly payment is due no later than the 20`h day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20`h day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. 5. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. Page 5 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 I V. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address and phone number as indicated, as Contract Manager and Contract Administrator for the Project. A. Departments Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The position, address and telephone number of the Department's Contract Manager for this Contract is: Warden Brevard Correctional Institution 855 Camp Road Cocoa, Florida 32927-3709 (321) 634-6010 B. Departments Contract Administrator: The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the Department and is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The name, address and telephone number of the Department's Contract Administrator for this Contract is: Lisa M. Bassett, Chief Bureau of Procurement and Supply Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 bassett.lisala)mail.dc_state.fl us Page 6 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32932 (321) 868-1230 D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws, regulations or increases/decreases in allocations make changes to this Contract necessary. V1. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), or in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. Th.- Department heDepartment shall reimburse the Agency any advance payments, prorated as of last day worked. V11. CONDITIONS A. Records The Department and the Agency agree to maintain books, records and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. The Department and the Agency agree to allow public access to all documents, papers, letters. or other materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department's or the Agency's refusal to comply with this provision shah constitute a breach of Contract. Page 7 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 B. Annual Appropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and in Section III, Compensation. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. F. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Departments administrative or project staff identified in Section IV, Contract Management, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Partv Beneficiaries Except as othenvise expressly provided herein, neither this Contract, nor any amendment, addendum. or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. Page 8 of 12 Master Document Revised 09/21/06 CONTRACT # WS3E4 This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY OF CAPE CANAVERAL SIGNED BY- NAME: TITLE: 47_ti01, FEID k DEPARTMENT OF CORRECTIONS SIGNED BY: NAME: James R. McDonough TITLE: Secretary Department of Corrections DATE: SIGNED BY: �L NAME:sa H. Carson TITLE: General Counsel Department of Corrections DATE: /( -6 -/ O&/ Page 9 of 12 Master Document Revised 09/21/06 N C) 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 O O T O U M N01) N Q3 O N S O N = c M N M M Cl) O F = N r 0 m E C a cfl(fl(fl�(cs3� cfl� N Y O O O O O O O O O O O O O O O O O O O O O H C D U O U 000 O O N OO M +-' N m U Cl) N N CO O — U) (O O) O) .- cM N M M 0) M O) U N C=) O C �`- `� o voOO (>C a a N E»6461) F»69c�cy69(�� `= 0 o a m aNi a C C c4 a 0 0 0 tQ a U � C ;- - a 0 L Q. cu W f!1 O 0 N U z •U.. c) (9 w U x LLI0 IL �? m j O m W v(a o 0 '. U '~UJ0 ❑ C Y o C L F.LI C�: 0 �' 0 °' 0 (.) (0 E a cc T E N M >0,Lu C Y 0 w 0 m `0 Nom` co �_0 C V i�t�l♦ _ U Lha rn o is '� O Y 0 NE 0 N N mN QE R Y C M a.O t31: Z O C E 0 ❑ r Q _0 a C C U 0 OU O 0-0 U U N Y Y co co m v o a cu �,. 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O y N >cD w n c -a cu a) . � aO a) O m cuS E UL Ly O o Ei U O: - m cn Y-heE - 3 (n n m g o :3N E =y =LL3 C y m L c0p V`C ) NO C- T T m • o C W y -0 y a) CO U C m m ;n "- a ° y V L N Q u E - :3 E> y y 0) y a) to m Y a) o E ` o m - v o y c E w Q Q O cn E O) O O C C Q Q) 0- z Q .L.., •y �'' U T a) a) N y p C m `O C L U c _m cII C C L a) L w h fD C U .0 y y m > C L C L y_ CO w' O 0 0 :3 "O cn cn cn LE aci E�¢ c CL _ E ;- mo w e c E y m o o +: y o y �' °� m E m ( o — m c c D E y ,c— c c m cL C) m a n y �- o > m Qm' a c 0) y o Q TE p m m is cu c • w C C E E y fl. E C L � 0 Q Y y O y O O m E `n 'O C m W c o Ya O — O w O Q) m cn y p O w a) •7 Q� U a) y E cn L co U ~ cr c- a) a) y T O T p O c9 L cr T "- O L L w p� m y y L L L C U m U U F- U F- U = = o c4 a) z -0 F- Q = - > j C 0 0 0 0 Q = = 0 0 V U a) V a) V V V U U) w 0 N Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Consent Item 5 No. Outdoor Entertainment Permit AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR 11TH ANNUAL REINDEER 5K RUN/WALK FOR UNITED WAY OF BREVARD COUNTY DEPT./DIVISION: ADMINISTRATION Requested Action: That the City Council approve the permit for this event. Summary Explanation & Background: See attached application for details. The route is the same as 2005. I recommend approval. Exhibits Attached: Outdoor Entertainment Permit City Manager" Office Department ADMINISTRATION -nt tm\mydocum council\meeting\2-06\reindeer.doc CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. Date: %0 - al - p (.o The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name ofAppliccant:SLLa2 ZIN Firm: avdpk A. AA►,.. Address: q 3r7 Oill 2-922 Title:V? O -O MW%tAn\C,aA 10 ' Telephone:_ US I- a"7 d o FAX:_ io 3 i- a pp "7 Local Contact: C6ame Aa, Title: Local Address (if different from above Type of Event: n A f -0A ->e ) Event Dates in Cape Canaveral: () p uc-� �e o�.l��� �_ 0I . aooe Location(s): Date(s) Time . I . r - r-1 1 -0►-04 (0.30 am- \o13a Awe Attach map(s) indicating event area and designated parking areas. Traffic Control AStreetClosing(tea ^Other 216se of Police/Fire Rescue Equipment ❑Vehicles/Equipment on Beach AWrehicle Parking on City Property Specify: 1) -TTO&+V- eo nuc o1:h �eiA b\b,Y -j N , ►,,A nA c v-%\., e By signing this application, the applicant acknowledges and agrees to the following provisions: INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Expiration Date: Policy No: Il. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. I CIS � Dte l0"i•D(0 Applic t r Representati /Title ott'ti< <,A - Approved by City of Cape Canaveral: City Representative's Name: Senn-e� ��y J Title: M Ok && a r n, Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information. please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321)868-1230 Fax: (321) 868-1224 NDU-20-2006 14:47 UNITED WAY OF BREUARD CDU 321 631 2007 P.02 CERTIFICATE OF INSURANCE The company indicated below certifies that tre insurance afforded by the policy or polices numbered and described below is in force as of the effect:-ve date of this certificate, This Certificate of Insurance does not amend, extend. or otherwise alter ti -e Terms and Conditions of Insurance coverage contained in any policy numbered and described below. ,CERTIFICATE HOLDER: INSURED. BREVARD COUNTY 90MO OF COUNTY UNITCO wAY OF DREVARO b' COMMISSIONERS COUNTY, INCORPORATED 2726 JUDGE FRAN JAMIESON NAY 937 DIXON BLVD VIERA. FL 32940 COCOA. FL 32922.6806 ( I POLICY NUMBER I POLICY I POLICY I LIMITS OF LIABILITY I TYPE'OF. INSURANCE I L ISSUING CO. JEFF. DATE IEYP- DATE I (*LIMITS AT INCEPTION) LIABILITY 117-80.492146-3001 102-28-06 102.28-07 I I '....�. I EXI Liability and I NATIONWIDE I I I Any One Occurrence..,.,,,. i 1,000.000 Medical Expense I MUTUAL I Personal and i INSURANCE CO. I I I Included in Above - Any One Person or I Advertising Injuryl I I I Organization CXI Medical Expenses I I I I ANY ONE PERSON ........... s 5,000 1 I [X] Fire Legal I I I I Any One Fire or Explosion S 50,000 :`l1•' A I I' Liability I I I I I "'" I I I IGeneral A99re9ate* ......, s2.000.000 I r•:,�t,,, �; f I I I I I Prod/Como Ops Aggregate* , s 1.000.000 r I [.I Other Liability I AUTOMOBILE LIABILITY I I I I I I C I BUSINESS AUTO I i I I Bodily Injury I I I I I (Each Person) . , .. , ... , . s C I Owned I ( I I (Each Accident) ........ s 1 t I Hired ( I I I Property Ramage I I I Non -Owned 1 I I I (Each Accident) . i I ` I I I I I Combined Single Limit 'y.: I EXCESS LIABILITY I I I Each Occurrence .. . . , . , , s I I I I Prod/Comp Oosroisease I ;'.;;fir"• C 7 Umbrella Form I I I I Aggregate* ............. s I i I I I STATUTORY LIMITS wl I•'E I workers' I I I I BODILY INJURY/ACCIDENT ,,, s Compensation ( I I I Bodily Injury by Disease I ,, and I I I I EACH EMPLOYEE .......... i I ,' I C I Employers' I I I I Bodily Injury by Disease i ;\;•,,a` Liability I I I I POLICY LIMIT ........... s i I Should any of the stove described policies br, cancelled before the DESCRIPTION OF OPERATIONS/LOCATIONS expiration date. the insurance company will endeavor t0 mail VEHICLES/RESTRICTIONS/SPECIAL ITEMS written notice to tMe above named certificate holder, but failure to 11TH ANNUAL REINDEER RUN SK mail such notice shall impose no obligatlon or liability upon the CHERIE DOWN PK.CAPE CANAVERAL :company, its agents. or representatives. 'Effective Date of Certificate: 02-28.2006 Authorized Representative: KIMBERLY JONES '+ ;Date Certificate Issued- 11.20.200 k ic;Signedat: 1003 S WASHINGTON AVE TITUSVILLE. FL 32780 NOU-20-2006 14:47 UNITED WAY OF BREUARD COU Brevard County parks Rt Date App)icones, Ni Day Phone -j OrgattiutiorV( ApplicaeYa po, Mai]inSAddro ,Park Name and ):vent Name Event Date(s)~ '.rlm a (Incltidini Received Facilir T Cd .......... RAS rcaaeW K TO as COWLT Ea Or Ss tr ❑ CATaoaev �S� ° o-Sponaored ......................... ............ ..... .... .... ,,._.,... 9011001 Recreadon Panner ems' N Private (Ptivate r 11'1 Noc-for-Prof:vE empt (Must uali for Q CAT>apaar V Ynblic Issue Speech w' OrgansraGone, Individuals) "W's pursuant to 501 (c) crhari4 of the AS Cods �m (ctlalxsl�,esruaa ) Cm�ataswt:WGab er SOl c) ACt[vily eptxi t4 public 0$ I9K cmc ff10N >el(c)C�iteriA dAdmiseionCl'& d d WaivaRequeoted ❑Adfleticev +-ou"A RBgvtl�ptoaucAct,Arr�,Acr►ar� 14IterofRa est°'i0iD4Yaicalconget O Alooitol ❑ rood sales 13� 9ty O Alcoholiabeverq.and open 'O'h* public: liquor liability Itquirt d C3 Sak of lbod item fbr fhacuou C] Matic � ❑ Amnpli6ed MUjie � to the yubiic C3Coma,eroi41 activ�es is defined d in C %g 2 ed. = p/►AK�F"C Code, and harem' Wh Au=644a activi v County 1b �baNt IP rr HAS ANY MU ��O FS LOG]Ep avl7 H11V TXw- pn EDAM OF � ejopen e NT(S) You MUST MEET, 44 g A (,A) UxA 8 pms TAXAatX Fars FROM Co1.Utsrc A $ Cr (B) NON-TAx,at s p�u ) D�'o3ITs • FedUtYlt"is! Foe: ~1 S� is 1fMJMent is always nt0ais �! e �Etnplayec Pee: AdditionPeeAmAgt c,• al s: Additional lfeert� `c'%� ueposi $ 0 C S _ _ Receipt M base -- $ Tourist T&x $ Fla. Stato Sales Ther: �— 1Cey Deposit .lt _ C S ��. Rccdptk�` Date Serb Total S Sub Total S_ 321 631 2007 P.03 V 1KNIUAW•o IWAVr� muc 119. nt OnmA's n-Moaov ICr. GRAM TorAt,. rC "I AIC00 It A nMLC eocv► wr TmAT WAV ere attr.� RECi3Ff !k b.tty, A►'mtoa cortoo. t�rou satova Arav roar,aM � Hers uece�+r 1tx�n9 CottrA)Nt MrCplArtoN THAI a L%geP raox Dtx%Wtlaa. Ar1oU1iI S AMoumMEAN t�v us er wwrl"o Xr r3 cera *AL"XIA,wantsossanr[or*omCK 1840 ?"AM AM, COCO, M 12!22 lam 18 ytlar, of * (2t years of age if alcohol will be pmblkt) er over and undentand as a repres=tAdvc of said evenvo retpontibility for each and every pat jCipant of said Nnctlon. I have read and ricaoizadtrq, that 1 aka NO lh� k'%11ow the renal rules I have been Fives {br my Activity. r hereby waive any and all claims against r goar0 of County comm, $sienets and ' employees and agents arising out of any personal itury or property damage that' rc_ut�ne-d� d_uane 'd fhnction. I"t7 d the oti the ride of this permit and egrae to the t�Is and condidons htmof. X C? S/lYV1'�1`71 �f S G1 I `?/r _ n Ln �n n.., nA.&.. . i %A A rI — Date 2.0 PR.1Oa.Olit�itDlMtCSrlalOb) OFFI `C Y is r APPLICATION FOR WAIVER BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS PARKS & RECREATION DEPARTMENT AREA: O NORTH O CENTRAL -MAINLAND C ZNTRAL-MI/BCHS ❑ SOUTH ❑ CAMPGROUNDS Namei CAL+vv`� S Representing Uv -1I iccl tnj (INDIVIDUAL, ORGANIZATI b N, GROUP, COMPANY) Address3� ]� f�Qy�_y UCity _ULQc� Zip _3 �M Phone a31- 2-340 DESCRIPTION OF ACTIVITY: What _ 5 (ZCt C IL . _ Where �� I e- Do1 n)n a_vi- Date -Pjo Time k kiy, - IZ Estimated Attendance 400 Admission Charge -- Purpose of Activity _ Brief descriptiog 9f organization, its purposes, goals and pertinent information -� ►�' o , Se , I ►,. e h*-)ISf'Y1lor)1-,l nir fl 1A/Jn 4 n, In COM J Non -Profit? 1114es ❑ No Does the organization assume responsibility for supervision . i P Article IV. Festivals ❑ Live or amplified music on park facility as a primary function. Article V ❑ Section 18-104 (2) Alcoholic Beverages—To allow possession/sale/donation of alcoholic beverages. ❑ Section 18-106 (8) Waiver of general comprehensive liability insurance and in lieu, provide hold harmless affidavit. /F' Id reservation deposit for softball tournaments must be paid before submitting request for waiver of insurance. W Sections 18-2 and 18-103 Waiver of facility use fees per Policy BCC -39. Appeal Process 1. The applicant may appeal the denied fee or softball insurance waiver to the Board of County Commissioners. 2. A written appeal request must be submitted to the appropriate Parks Operations Manager or designee within five (5) days after notification of the denied waiver. 3. The Parks Opjweffiwik Manager or designee must then 'request placement of the appeal on the Board of County Commissio is A17a r considef Cr�ti�' , q /3 /cam Applicant's Signature7�� Date WAIVER REQUESTS MUST BE SWJED BY AN OFFICER OF THE ORGAMZATION.) .........................:::........................................................................::... ....... .......... :...................... .,.:::...,.:......asc:::.,...r............r..rir rc.>--- Criteria for Waiver of Fees: (Check appropriate box.) ❑ Activities which are sponsored and co-sponsored'by Brevard County for public purpose. ❑ Activities sponsored by other governmental agencies. Activities sponsored by groups., organizations or individuals where proceeds are given to charitable causes, 11 organizations, individuals or Brevard,County arl�` I r= ❑ Activities sponsored byorganizationsorganizations to W h Brevard County is a member. Comments: — l t" J� t Q � r � " 0 QA/V1 Lt � � 0 YYn K7177 Fee Waiver Request: t7 Recommended ❑ Not Recommended Other Requests Superintendent/Supervisor Date Fee Waiver Request.eeI ed ❑ Not Recommended Other Requests Parks Operations Manager ' Date t_: Fee Waiver Request: ❑ Rec de ❑ Not Recommended Other Requests r Parks & Recreation Department Dir r Q'ate J Waiver of General Comprehensive Liability Insurance for Softball Tournaments: [jApproved O Not Approved Parks & Recreation Department Director/Designee Date PURSUANT TO CHAPTER 119, FLORIDA S PUBLIC RECORDS ACT, THIS RECORD IS A PUBLIC DOCUMENT'THAT MAYBE INSPECTED AND/OR COPIED. IF YOU BELIEVE ANY .PORTION OF THIS DOCUMENT. CONTAINS INFORMATION THAT IS EXEMPT FROM DISCLOSURE. PLEASE NOTIFY US IN WRITING AT: PARKSIAND RECREATION ADMINISTRATION, 2725 JUDGE FRAN JAMIESON WAY, B-203, VIERA, FL 32940 PR -125 -PGM -DEP (03/05) NOU-20-2006 14:4e UNITED WAY OF BREUARD COU 321 631 2007 P.05 BOARD OF COUNTY COMMISS10NE11S7 FLORIDA'S SPACE COAST C"I'l Ma Pilo* 0"a"Ons Menlo Islandleeachen 451 KMrsnls bhed p� Rd, Marmil Island, Fro►ift 32922 Tolephone: (321) 45S.13#0 Fax: (321) 4113-1384 PACILM AND PAVILION RENTAL PATRON ;.1 Use of alcohol must be acknowledged'RULES 2. NO �ALCODHOUC BEVERAG aand indiptrld on Facility Use Permit. any kind allowed under y be carried outside the building or pavilions by Participants.No vehlde of 3. No Oft allowed in park,�vilions or on gK�, apt in designated overflow areas. 4- Musk shall be maintained at sound levels as not to interfere with Park neighborhoods. Complaints ma Pe patrons and surrounding 5, fYumber Y result in eviction from Facility/ n. ;y pariacion h must eg paclty of the facility attendance n � ; � aPP�cimated on the use pie, inn I al � �Y and maximum attend 6. Insbgatbn of decors umber rn ; tions: ONLY Scotch or masking tape beused' , •''�' NOT be used on an facile Renter must rur ish all supplies and completely painted surfaces. Nails may, leaving. Y facility. PD p y remove all demretfons befipr+e 7. All'slgrhs and banners 8• Clean ,up must be completedust be approved prior m rental. r- 9• All,trdS11 must be by rental closing time. Placed Inside bash 10: ' e I the reoeplacles are full. r fides or otherwise bagged, tied and placed bef m the trash Tbble Epps, floors and h 11• If dean u d went grounds must be dean of reflrse and debris rIE>su fclkrwtn P BPWt Is fully refundable, deposit may be pickled �m n's�l use. 12- g the rental, and may be picked up within 10 d at the Setter ORloa the second working �y Cancellation of motion rrY be initlated is of the event. however, a minimum of a :1250 by aPPliMMOn, not less than 10 days prior to the Does processing fee will be assessed and/or deductad when the srlhedufed use, not aPPly to dean UP/damage deposits, reservation The is 13. It is up torefunded' the patron to call the Sheriff's Department at 55-1485 .M the arrive- If to tbooa Beach, aafl the Cocoa !� poles pavillon Is being oocupled when they .. partment at 868-3260. a i. , No Smold inside 2. n9 butldings. fustic knem brooms and m ops are avalleble. Coordinate access of these 3• Patron must return tables and chairs to the sbosure Rams w4h SW Pte+ on duty, 4• Chairs and tables bon• #,Ed by patrons From another room must be ret are neatly stacked. room. e same number and position In 2=: end understand the above.l understand that ft is m y responsiblIlty to COMMUnlcate and enforce the rules rr ��� of M' group, and furthermore, that non-compliance Could result in the evktion fFan the Part Or all of My dean up deposit up deposits ►held fYor more than 10 aysOgiven InprocMn fee c kith will be assessed for all rental refund requeslS CleiSm aorn refund req Ys 9i�n In one check with rental fee will be assessed a $12.50 mcessing fee for signatuia' `. ypjy .lV TOTAL P.05 ;ITY OF CAPE CANAVERAL - CONSOLIDATED FUND REMITTANCE STATEMENT ZZZ27A INVOICE NO. GROSS AMOUNT DISCOUNT NET AMOUNT 10/18/06 CLEAN UP DEP 12/9/106 300.00 r P.O BOX 326 300.00 f - CONSOLIDATED FUND u..„e,.� 58te` 1:14y DOLLARS AND CENTS DATE OCT 2420M 10/18/06 $300:00 TO THE ORDER TOTAL 300.00 OFFICIAL RECEIPT No. 307944 BREVARD COUNTY, FLORIDA PARKS & RECREATION DEPARTMENT IE of -these items with staff person on duty. 0 ae sure they are neatly stacked. �. ie returned — same number and position In NON -TAX E TAXABLE S EET DDRE S ETAXCITY 1 STATE 1 ZJP C CASH AO CHECK # P�tT1C%AN� E(S) ACTIV 'CE! TIME I LOCATd� TAX EXEMPT # DRIVER'S LICENSE # y to communicate and enfiorce the rules cult in the eviction from the premises and/or sessed for all rental refund requests. Clean viii be assessed a $12.50 processing fee for DETACH BEFORE DEPOSITING QpCEA� 63-751 Os WACHOVIA $31 CITY 1 OF PAPE CANAVERAL V �, I CAPE CANAVERAL, FLORiRA 32920 r P.O BOX 326 CAPE CANAVERAL, FLORIDA 32920 - CONSOLIDATED FUND u..„e,.� 58te` 1:14y DOLLARS AND CENTS DATE AMOUNT * "ThreeKHurifrdnl}{/'lti0 Dollars *** 10/18/06 $300:00 TO THE ORDER OF BREVARD COUNTY PARKS & RECREATION 951 KIWANTS ISLAND PARK', MERRITT ISLAND, FL 32953 Ila 03587411' 40631075134236L220043'? OI OFFICIAL RECEIPT No. 307944 BREVARD COUNTY, FLORIDA PARKS & RECREATION DEPARTMENT IE of -these items with staff person on duty. 0 ae sure they are neatly stacked. �. ie returned — same number and position In NON -TAX E TAXABLE S EET DDRE S ETAXCITY 1 STATE 1 ZJP C CASH AO CHECK # P�tT1C%AN� E(S) ACTIV 'CE! TIME I LOCATd� TAX EXEMPT # DRIVER'S LICENSE # y to communicate and enfiorce the rules cult in the eviction from the premises and/or sessed for all rental refund requests. Clean viii be assessed a $12.50 processing fee for A2kJ SEMENTS AND ENT'ERTA_!:,PdE NI TS ARTICLE I. D4 GENERAL Secs. 10.1-10.25. Reserved. ARTICLE II. AMUSEMENT DEVICE CODE* Sec. 10.26. Adopted. (a) The Standard Amusement Device Code, 1985 edition, published by the Southern Building Code Congress International, Inc., is adopted by reference as though it were copied fully in this article. (b) Whenever the term "administrative authority" or "official" is used in the amusement device code adopted in this section, it shall be con- strued to mean the building official of the city or his authorized representative. (c) Any person who shall violate or who shall fail to comply with the code adopted in this sec- tion or who shall violate or fail to comply with any order or regulation made under the code adopted in this section or who shall build in vio- lation of any detailed statement or specifications or plans submitted and approved under such code or any certificate or'permit issued under such code shall, for each and every such violation and non- compliance, respectively, be punished as provided in section 1-15. (Code 1981, H 628.01-628.03) Sec. 10-27. Amendments. The amusement device code adopted in section 10-26 is amended as follows: ('1) Section 108.1 is amended to read as follows: Appointment. There is hereby established a board to be called the construction board of adjustment and appeals, which shall con- sist of five members. The board shall be appointed by the city council. "T Section 108.2 is amended to read as follows: 108.2. Membership and Terms. *Cross reference—Code enforcement, § 2.246 et seq. § 10-46 108.2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with, knowledge and experience in the techrica codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial in- terest. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (3) Section 108.3 is amended to read as follows: 108.3 Quorum and voting. A simple ma- jority of the board shall constitute a quorum. Secs. 10-28-10.45. Reserved. ARTICLE III. OUTDOOR ENTERTAINMENT'l DIVISION 1. GENERALLY Sec. 10-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Outdoor ertertcinment everts means any gath- ering of groups or persons for the purpose of par - 'Cross references—Code enforcement, § 2-246 et sea.; par 4s and recreation, ch. 54; streets, sidewallus and other public places, ch. 66; buildings and building regulations, ch. 32; zoning, ch. 110. CD10:3 § 1d-47 CAPE CAN-AVERAL CODE ticipating in, viewing, observing, watching or lis- tening to entertainment which consists of musical renditions, sporting contests or events, festivals or other entertainment not conducted within a completely enclosed structure. (Ord. No. 23-92, § 1(729:01), 12-1-92) Cross reference—Definitions and rules of constructions n- erally, § 1-2. Sec. 10-47. Compliance with other laws The staging, promoting or conducting of an out- door entertainment event shall be in full and com- plete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli- cable to the city. (Ord. No. 23-92, § 1(729.04), 12-1-92) Sec. 10-48. Penalties for violations. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-15. (b) The city council may revoke the special out- door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational Iicense upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 10-49. Occupational license required It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23-92, § 1(729.02), 12-1-92) Cross reference—Occupational license taxes, § 70-8S. Sec. 10-50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec- tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, asso ciation or group if such outdoor entertainment event of such organization, association or roup has been sanctioned or approved by the council. Such sanction and approval of an outdoor enter- tainment event promoted by such organization, association or group shall be based upon a suffi. cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, § 1(729.08), 12-1-92) Secs. 10-51-10.60. Reserved. DIVISION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, promote or con- duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 23-92, § 1(729.03(A)), 12-1.92) Sec. 10-62. Application. An application for a special outdoor entertain. ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- fied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are met: CD 10:4 (1) Adequate plans for site construction, sani- tation facilities, sewage disposal, garbage and refuse disposal, drainage, floodlighting during darkness, insect and rodent control, water supply and food service. For the pur- poses of evaluating such plans, the stan- dards established by the rules of the state a'EjSEN`.ENTS ANTD ENTEET?.IN.MENTS 3 10-62 division of health in the sanitary code of the state shall be considered as minimum requirements. For the purposes of this ar- ticle, part IV, chapter IOD -25, excluding sec- tions 25.077, 25.078, 25.079, 2.080, of the Florida Administrative Code and any suc- ceeding rule, regulation or law shall be con- sidered specifically applicable to the oper- ation of an outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part I, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facili- ties, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside, the designated parking area, ex- cept when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician li. censed in this state on duty at all times for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- icines, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessary to treat ad- verse drug reactions, cuts, bruises, abra. sions, bites, fractures,- infections and other injuries commonly connected with such out- door activities. 11-4) An adequate plan for internal- security, traffic control, communications, fire protec- tion and emergency services, including am- bulance service, in and around the event area. Such plan shall provide for at least one person professionally trained in secu- CD10:5 ri ty and traffic control on duty at all times for every 500 patrons, with no security per- sonnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the plan of security, traffic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be implemented, and a detailed background on the training and ability of the personnel to be used in implementing such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro- moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups. (7) The names of all persons who will provide products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persons. (8) The exact date and time of commencement and the exact date and time of the conclu- sion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, con- ducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or in- § 10-62 CAPE CA— A EE 4L, CODE jury to any one person for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the applicatiori tg -a special outdoor entertainment permit,together with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter- tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No. 8-94, § 1, 2-1-94) Sec. 10-63. Fee. The city council shall assess, upon the filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.05), 12-1-92) Sec. 10-64. Cash cleanup bond. Any person holding a special outdoor entertain- ment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount of the cash cleanup bond. JP (Ord. No. 23-92, § 1(729.06), 12-1-92) Secs. 10.65-10-85. Reserved. A�TICLE IV. ADULT ENTERTAINMENT* DIVISION 1. GENERALLY Sec. 10.8 Definitions. / The followi words, terms and phrases, when used in this ar 'cle, shall have the meanings as- cribed to them i this section, expept where the context clearly in ates a differ hit meaning: Adult arcade mean an estal/ilishment where, for any form of consider tion, 'e or more motion picture projectors, slide p ojectors or similar ma- chines for viewing by five ct fewer persons each are used to show films, motio pictures, video cas. settes, slides or other photagr hic reproductions which are characterized b� emp asis upon the de- piction or description of specified xual activities or specified anatomical areas. For a purposes of this article, adult arcade is include within the definition of adult motion picture the ter. Adult bookstore means a place that s is or of- fers f fers for sale, for any; form of consideratio adult materials, the gross.sale of which represent ore than ten percent oiithe gross sales of the pla or that comprises more than ten percent of the i i- vidual items it displays on the premises as i - *Cross references—Code enforcement, J 2-246 at sea.; reg ulations regarding' nudity on alcoholic beverage establish. ment premises, § 6.27; public nudity prohibited, § 50.2; occu. pational license tsxes, § 70-66 at seq.; zoning, ch. 110; adult entertainment establishments permitted by special exception in the M-1 light industrial and research and development dis- trict, § 110.354. CD10:6 Meeting Type: Regular Meeting Date 12-05-06 AGENDA Heading Consent Item 6 No. Bonus List AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of the employee Christmas bonus. Summary Explanation & Background: This is a budgeted item, and I recommend approval. See attached bonus list. Exhibits Attached: Bonus List City Mana a is Office Department LEGISLATIVE c kim\ 6d20c admin\council\meeting\2006\12-05-06\bonus.doc Andrea Bowers, City Treasurer P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1234 (321) 868-1248 fax Bowers-cape@cfl.rr.com Memo To: Bennett Boucher, City Manager From:Andrea Bowers, City Treasurer Date: 11/8/2006 // N j Re: Christmas Bonus' Attached is the annual Christmas Bonus listing. Please place this on the agenda for the Council Meeting of 11/21/06. Thanks, Andrea 1006 a yR.WAUS BGivas EMP. # Name Hire Year 2006 1003 Boucher, Bennett C 1981 400.00 1013 Bowers, Andrea L 1995 187.50 1005 McIntire, Kim 1993 220.00 1146 Haas, Virginia 2001 100.00 1009 Stills, Susan 1994 205.00 1186 Lacey, Timothy 2005 40.00 1111 Puleo, Cheryl 1993 207.50 1178 Lawson, Edward 2004 40.00 1182 Kowalski, Albert 2005 40.00 1176 Tustin, Kathleen M. 2004 42.50 1166 Morris, Charlene 2003 57.50 1167 Rockey, Karen S. 2003 57.50 1051 Chapman, Susan L 1989 280.00 1163 Alexander, Duree 2003 70.00 1152 Morley, Todd 2002 85.00 1118 Lombardi, Joy 1998 145.00 1177 Haley, Robert B. 2004 55.00 1174 Clements, John Dennis 2003 55.00 1106 Daine, Francis 1995 190.00 1007 Davis, Timothy J 1996 175.00 1103 Castillo, Jose 2005 40.00 1107 Evans Il, Donald W 1990 265.00 1104 McKee, Kay O 1991 250.00 1019 Richart, Michael 1992 235.00 1189 Geddes, Frederick 2005 40.00 1061 Bandish, Walter M 1990 250.00 1102 Clark, June A 1986 325.00 1062 Cordero, Carlito 1998 130.00 1063 Dasno, Barbara E 1990 250.00 1156 Deines, Greg 2002 85.00 1056 Fox, Raymond W 1989 280.00 1029 Gardulski, Edward 1997 160.00 1184 Swingler, Michael 2005 40.00 1065 McCormack, Larry 1991 250.00 1011 Prince, Paul E 1989 280.00 1068 Taylor, Melton J 1992 235.00 1045 Veenstra, Kenneth 1990 265.00 1179 Skrocki, Rita L. 2005 40.00 1168 Beedie, Davina J. 2003 70.00 1172 Boes, Edward 2003 55.00 1180 Ratliff, Jeffrey A. 2005 40.00 1138 Hammons, Michael 2000 102.50 1192 Lefevor, Robert 2006 25.00 1120 Carrigan, Barbara 1998 132.50 1194 Longville, Amy 2006 15.00 1032 Hanson, Nancy L 1978 445.00 1037 Norman, Francoise 1983 357.50 1043 Welton, Donna 1986 312.50 1169 Butterworth, Janice E. 2003 57.50 1193 Gricco, Anthony 2006 25.00 1196 Heath, Jack 2006 25.00 1195 Delacruz, David 2006 25.00 1197 Smith, Robin L. 2006 25.00 1198 Cooper, Steven 2006 25.00 1199 Bissett, Phillip L. 2006 25.00 1200 Turner, Dawn M. 2006 12.50 $ 7,847.50 FICA 600.33 Total Cost $ 8,447.83 Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Consent Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL FOR CONCRETE REPAIR WORK IN THE AMOUNT OF $10,750 DEPT/DIVISION: PUBLIC WORKS/STREETS/STORMWATER Requested Action: City Council consider the proposal for concrete repair work in the amount of $10,750 by Mudrak Engineering & Construction, as recommended by the stormwater administrator. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Public works director's memo and proposal City Manage ' •s Office Department PUBLIC WORKS/STREETS/STORMWATER i mydo s\admin\cou7T eeting\2006\12-05-06\concrete.doc Memo To: Bennett Boucher, City Manager Through: Ed Gardulski, Public Works Director From: Jeff Ratliff, Stormwater Administrator Date: November 29, 2006 Re: Agenda Item for December 5, 2006 Miscellaneous Concrete Repairs The City of Cape Canaveral (City) contracted with Mudrak Engineering & Construction Company (MECC) on March 21, 2006 to perform continuing miscellaneous concrete services. These proposed concrete repairs include the following: • Improvements to the median on Thurm Boulevard (Streets Department); • Extension of the sidewalk along Center Street (Streets Department); • Stormwater manhole/roadway improvements on Holman Avenue (Stormwater Fund); • Sidewalk/stormwater inlet repairs along Caroline Street (Stormwater Fund); and • Sidewalk replacement along Commerce Street (Streets Department). MECC has provided a cost estimate of $10,750.00 to perform the concrete repair services. This concrete construction work has been budgeted for FY2006-2007 under • System Maintenance (4610) — Stormwater Fund (45% of project - $4,837.50); and • Street Repairs (5300) — Streets Department (55% of project - $5,912.50). Recommend: City Council approval of the miscellaneous concrete repairs with MECC in the amount of $10,750.00. 0 Page 1 Contract Aereement November 13, 2006 Mudrak Engineering and Construction Co. To: Mr. Jeff Ratliff Dale Mudaak P.E., President (Lic. 4 CB C060403) City of Cape Canaveral 21522 Hobby Horse Lanz PD Box 326 Christmas, FL 32709 Cape Ca�aaveral, FL 3292-0-326 Tel 407-568-1833 TEL 321-868-1240 Fax 407-568-1833 FA -X321-868-123-1 Scope of Services: We propuse to provide all labor and materials necessary to repair the following 5 locations: 1) Thurm Blvd — Remove and replace 25 feet of curbing, asphalt patch, traffic con-�rol 2) Center Street — Sidewalk extension including truncated dome at intersection 3) Holmes Avenue — Adjust existing manhole by lowering approximately 3 inches and pour concrete collar O ft by 4 ft by 8 inches thick 4) Carolina Street — Rcpair existing manhole /sidewalk at Palms East 5) Commerce and Central Avenue- Remove and replace 25 feet of sido alk- at North-East corner Legal Description: (legal description to be provided) City of Cape Canaveral We propose to furnish all material and labor in accordance with the above spxifications for the suns of Ten Thousand, Seven -Hundred Fifty Dollars and 00/100 (S14,750.0{1) Payments to be made as follows: Progressive payments as work is completed. Full payment is due ,A ithin 15 days of completion. L) /I7-7 Contractor's Signature:C' Acceptance of proposal, the above price, specifications, attached general conditions and itemized! quote are satisfactory and are hereby accepted. You are authorized to do work as specified. Payrrienit will be made as outlined above. Owner's Signature: _ Date: General Conditions I. Ani• alteration or deviation from the specifications, including but not limited to an alteration involving additional materials and or labor, will be executed only upon a written order signed by the owner and contractor and shall be incorporated in and become part of this contract. If there is any charge for such alteration or deviation, the additional charge shall be added to the contract price. 2. if payment is not made when due, contractor may suspend work on the job until such time that all payments due are made. Failure to make payment for a period in excess of 1-5 days from the due date of payment shall be deemed a material breach of this contract. 3. Work shalt be completed in a workman -like manner and in compliance with all building code; and other applicable laws. 4. To the extent required by law, work shall be performed or administered by individuals duly licensed and authorized by law to perform said work. 5. The Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instanecs remain responsible for the proper completion of this contract. 6. The Contractor shall furnish Owner appropriate releases or waivers of lien for all ,work perfortned or materials provided at the time the next periodic payment is die. 7, The contractor agrees to remove all debris and leave the premises in broom clean condition... 8. The contractor shall not be liable for any delay due to circumstances be-yund his control including weather conditions, strikes, casualty or general unavailability of materials. 9. The contractor warrants work for a period of 12 months following completion. 10. The contractor represents that it has purchased and agrees that it will kz*p in force for the duration of the work in a company lawfully authorized to do business in the state of Florida, such insurance will protest the contractor and owner of the site, from clainns or loss or injury which might arise out of or result from the contractors operation tinder this project, weather such operation be by tle contractor or by a subcontractor or its subcontractor. The contractor represents and agrees that said 'insurance is written for and shall be tnainta nod in an amount not less than the limits of the liability required by law. 11_ Note that this proposal does not include improvements that are required due to unforeseen conditions. This includes but is not limited to termite or rot damage. It also does not include improvements that are required as a result of unforeseen soil conditions. 12. Due to the Fluctuations in material costs, any increases in materials beyond 5% shall be passed on to the owner. 13. In the unlikely event that hludrak Engineering and Construction Company, is required to file civil action or institute anv collection efforts against the customer, the customer agrees to pay any and all costs, fees, expenses, and attorney fees incurred by hfudrak Engineering and Construction Company, regardless of weather suit is actually filed and including but not limited to any and al costs, fees, expenses, and attorney fees incurred on appeal or in any post judgment collection efforts or proceedings. 14_ Proposal is good for 60 days. Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Consent. Item g No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT WITH THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 673 (AFL-CIO) DEPT/DIVISION: ADMINISTRATION/HUMAN RESOURCES -CITY CLERK Requested Action: City Council consider approval of an amendment to the collective bargaining agreement with the International Union of Operating Engineers Local 673 (AFL-CIO) Summary Explanation & Background: City Clerk Susan Stills negotiated the amendment to: Article 16.1 Wages - 5 % cost of living increase effective 10-01-06. I recommend approval. Exhibits Attached: Amendment City Manage !s Office Department ADMINISTRATION/HUMAN RESOURCES �.� ca kim\m ocit "admin\council\meeting\2006\12-05-06\union.doc Cape Canaveral 2006 Contract Negotiations Sign Off Agreement ARTICLE XVI WAGES Employees' wages shall be determined as set forth in the Pay and Classification Plan for fiscal year 2006/2007, attached to this agreement as Exhibit One. Effective October 1. 2006, the employees will receive a 5% increase for their classification as a cost of living adjustment (COLA). Exhibit One shall be amended such that the bottom and top of each grade's salary range will be adjusted equal to the COLA. Employees will be paid bi-weekly. dAccepted Local 673 AFL-CIO Larry lord nion fiepresentaft Kenneth Veenstra, Union Steward ❑Impasse City of C Canavera#, Florida Bo r, City Manager Susan tills, City Clerk/ HR Director Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Ordinances -2nd Reading Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 19-2006, AMENDING CHAPTER 110, PROHIBITING TRANSIENT COMMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider Ordinance No. 19-2006, amending Chapter 110, prohibiting transient commercial uses in the R-1, R-2 and R-3 Residential Zoning Districts for four (4) or less units for periods of less than (90) consecutive calendar days. Summary Explanation & Background: At the 11-21-06 City Council Meeting, the city attorney was directed to remove the amortization schedule and add language to "grandfather" the legally permitted existing use. City Council also directed the city manager to set up a future joint meeting with the P&Z Board to discuss performance standards. Please advise. Exhibits Attached: Ordinance No. 19-2006; Supporting Documents City Manager's Office Department LEGISLATIVE cape-nt\xim\myaocuments\aamin\council\meeting\zuuo\lruo-uo\ly-zuuo.uoc ORDINANCE NO. 19-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING A GRANDFATHERING PROVISION FOR CERTAIN TRANSIENT COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS BASED ON CERTAIN EXISTING LICENCE AND TAX FACTORS SPECIFICALLY ENUMERATED HEREIN AND WHETHER SUCH USE WAS IN EXISTENCE ON NOVEMBER 21,2006; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council has considered and relied upon, in part, studies entitled A Rezoning Study, prepared by Tuttle-Armfield-Wagner dated May 2, 2005 and Brevard County Economic Analysis of Residential Rezoning Draft Report, prepared by Tindale -Oliver & Associates, City of Cape Canaveral Ordinance No. 19-2006 Page 1 of 8 Inc. dated May 2005 for purposes of determining a reasonable time period, formula and procedure for amortizing nonconforming transient commercial uses; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 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 this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikevat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Transient commercial use means the rental or use of a residential dwelling unit as a bed and breakfast, hostel, hotel, inn, lodge, motel, resort or other transient lodging uses for compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of the dwelling unit_ ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 19-2006 Page 2 of 8 Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and overpopulation to promote the permanent residency of single families and to enhance and maintain the residential character and integrity of the area. Sec. 110-275. Prohibited uses and structures. (a) The transient commercial use of a single-family dwelling for less than ninety (90) consecutive calendar days is prohibited, subject to provisions set forth in section 110-485 of this Code. - f lo w density residentiai distri t, ati All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple -family dwellings, townhouses and mobile homes parks, are prohibited. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Sec. 110-295. Prohibited uses and structures. (a) The transient commercial use of a single-family dwelling or a multiple -family dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar dates is prohibited, subject to the provisions set forth in section 110-485 of this Code. Dwelling unit rentals of less than seven (7) days shall be prohibited in multi -family structures of five (5) units or more. City of Cape Canaveral Ordinance No. 19-2006 Page 3 of 8 R-2 meditim density residential district, ail All other uses and structures not specifically or provisionally permitted in this division are prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Sec. 110-315. Prohibited uses and structures. (a) The transient commercial use of a single-family dwelling or a multiple -family dwelling with four (4) units or less for a period of less than ninety(90) consecutive calendar days is prohibited, subject to the provisions set forth in section 110-485. Dwelling unit rentals of less than seven (7) days shall be prohibited in multi -family structures of five (5) units or more. R-3 inediani density residential district, afi All other uses and structures not specifically or provisionally permitted in this division are prohibited. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-485. Dwellings: transient commercial use: nonconforming use status. (a) Subject to strict compliance with the requirements set forth in subsections (b) and (c) of this section, any transient commercial use of a residential dwelling unit existing as of November 21, 2006 on real property zoned R-1, R-2, or R-3 shall be deemed a City of Cape Canaveral Ordinance No. 19-2006 Page 4 of 8 nonconforming use subject to the provisions of Chapter 110, Article V, Nonconformities, of this Code. (b) In order to be considered existing as of November 21, 2006, the person claiming a nonconforming transient commercial use of a residential dwelling unit on real property zoned R-1, R-2, or R-3 must demonstrate one of the following: (1) As of November 21, 2006, the dwelling unit was licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation and applicable transient rental taxes pursuant to section 212.03, Florida Statutes, have been duly paid; (2) As of November 21, 2006, an occupational license was issued by the City for the dwelling unit for a transient commercial use and applicable transient rental taxes pursuant to section 212.03, Florida Statutes have been dulxpaid, provided the person licensed by the City obtains a license from the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation within ninety (90) days from November 21, 2006; or (3) As of November 21, 2006, the person has a pending license application before the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation for a transient commercial use, provided the license is obtained within ninety (90) days from November 21, 2006. (c) Any person claiming that a dwelling unit should be deemed nonconforming under this section shall be required to file an application with the city manager by March 1, 2007. The application shall be on a form provided by the city manager and shall be for the purpose of verifying whether or not a particular dwelling unit should be deemed nonconformingunder this section. The application shall be accompanied with copies of all applicable licenses and tax receipts which are necessary for the city manager to determine whether or not the dwelling unit should be declared a nonconforming use. Upon verification that a nonconforming use status exists for a particular dwelling unit, the city manager shall issue to the applicant a written notice of nonconforming use status for the particular dwelling unit. Persons shall be barred from claiming nonconforming use status under this section after March 1, 2007. Section 3. Conforming Amendments. The following conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 19-2006 Page 5 of 8 CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentais of less than seven days are prohibited. DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; and dvvelfing tinit rentats of iess than seven days are expressly prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 19-2006 Page 6 of 8 Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dweifing anit rentats of less than seven days are expressiy prohibited. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 19-2006 Page 7 of 8 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2006. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts I" Legal Ad Published: First Reading: 2' Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 19-2006 Page 8 of 8 CITY OF CAPE CANAVERAL PROPERTY RENTAL OCCUPATIONAL LICENSES - The City of Cape Canaveral has 40 Occupational Licenses for property rentals of four units or less. Only one of them is in our database as a "Short Term Rental". - Eight (8) of our City Occupational Licenses have corresponding State Licenses from the Florida Department of Business & Professional Regulations (DPBR). Seven of them are listed in our database as "Property Rental". One is listed as "Short -Term Rental". - Thirty-two of our City Occupational Licenses do not have corresponding State Licenses from the DPBR. Thirty-one of these licenses are carried in our database as "Property Rental" or "Apartment Rental". One of them is listed as "Seasonal Condo Rental". None are listed as "Short Term Rental". - Two properties were found to have State Licenses from DPBR (Resort Condo) with no corresponding City Occupational License. - The attached spreadsheets may be found on the shared drive at the following location: P:\OCC_LIC\short term lodging research 2006-07. N W J c n 0 o n Cl 0 nn 0 0 or 0 n o Cl n 0 0 n 0 0 n 0 0 C O N N N N N N N N o w _ _CL K V V CII N ! (O 1 LO j 00 (D LO n(o (co LO ((D LO � m co ((D LO o (D LO 0 (n0 LO c W WI'I W' W W' WI W - D I* - ❑ F- _M ❑i _ ❑ > r II I II r. I C 7. U W Q cu y y H U1, W Q of H UI H U' W > (� w QI g Y g g ❑ °o O 0 m� d ZI OI z, w 9 a �I zi W, ❑I z W 011 U) =� 1NII wa. ji D! 0 ww ww w ❑ U CII c O'; a QI Q; v a a w N}w- � ILII V NI 00 �_ OI 00 M 10 � t= 100 O �._� L III � a' � TI N �.. a w ❑!� l LLLL W W H ~ 1111 N U _I ►-Q w ra�- w a�-ra w Qw a w a►-Ia�Ia� w J �I ozloz =w'Iww 0z;oz xw,aw zo w oz aw'wwIxw oz oz ° f _{-a _ a g _ a s . II aXn.Lr r �--. 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W Z } Z mZ (U) U UO aim OCD —cw.7Uao O U) z z � v p > Z Q a Q w J Q w Q H Q— 2 2 U Q r N (0 0 (O 0 10.10 0 0 (D 0 01 N N N N N N N, CD N coo 'a N N N N U U 0J WEDNESDAY, NOVEMBE2 29, 2006 315 • SCIENCE mAv FRIDAY SATURDAY SUNDAY ktn c .ACT G rty APC ."r; 1101 c CA1 c SED REZONING to Chapters 125 and 163, !, Article VI of the Brevard County Board of County d following requests: The COUNTY COMMISSIONERS t to Chapter 62, Article VI, tion 6271152, authorized perty owned by FLORIDA to change the zoning from ML -H (Government Managed described as Tax Parcel 752, 35, on 95.81 acres. Located ail, approx. 280 ft. north of JNTY COMMISSIONERS N u. bleTRICTI A )N MAP The City Council of the City of Cape Canaveral, Florida E will hold aPublic- Hearing for Second Reading of Ordinance No. 19-2006 in the City Hall Annex, 111 Polk. Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday,: December 5, 2006. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday), ORDINANCE NO. 19-2006 MEitfaTT f" CANAVERAL, FLORIDA, AMENDING ISUtND CHAPTER 110, ZONING, OF THE CODE OF , ORDINANCES; CLARIFYING THE INTENT OF THE R-19 `R-2 AND R-3 RESIDENTIAL ZONING` DISTRICTS;' DEFINING THE TERM r "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT ' COMMERCIAL € USES IN THE,R-1, R-2 AND R-3 RESIDENTIAL ZNING DISTRICTS FOR oners may approve or deny may approve classifications proposed. The final public sed administrative rezoning of County Commissioners lber 7,'.2006, beginning at ounty Government Center, Judge Fran Jamieson Way, arties can be heard at same -on desires to appeal any with respect to any matter :h person will need a record uch purposes, such person a verbatim record . of the awn expense, which record ince upon which any such ;ordance with the Americans - on 286.26, Florida'Statutes, g special accommodations to should contact the County •2010 no later than 48 hours ,County Planning and Zoning if AICP, Planning & Zoning lanseiman, Zoning Support NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL The City Council of the City of Cape Canaveral, Florida E will hold aPublic- Hearing for Second Reading of Ordinance No. 19-2006 in the City Hall Annex, 111 Polk. Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday,: December 5, 2006. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday), ORDINANCE NO. 19-2006 AN ORDINANCE OF THE CITY OF CAPE f" CANAVERAL, FLORIDA, AMENDING . . CHAPTER 110, ZONING, OF THE CODE OF , ORDINANCES; CLARIFYING THE INTENT OF THE R-19 `R-2 AND R-3 RESIDENTIAL ZONING` DISTRICTS;' DEFINING THE TERM r "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT ' COMMERCIAL € USES IN THE,R-1, R-2 AND R-3 RESIDENTIAL ZNING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE if FAMILY DWELLINGS WITH FOUR (4) OR OF LESS THAN' LESS UNITS FOR PERIODS -NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING A GRANDFATHERING PROVISION FOR CERTAIN TRANSIENT ' COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS BASED, ON CERTAIN , EXISTING LICENSE AND TAX FACTORS SPECIFICALLY ENUMERATED HEREIN AND WHETHER SUCH USE WAS IN EXISTENCE ON NOVEMBER 21, 2006; MAKING ` CONFORMING AND MISCELLANEOUS , AMENDMENTS TO 'CHAPTER` 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. ; ■ Pursuant to Section 286.1015, Florida Statutes, the 9 City hereby advises the public that: If a person decides to appeal any decision made by the -City, Council with respect'to any matter considered at this meeting, that -person will need a record of the i proceedings, and for such purpose that person might E need to ensure that a verbatim record of the i proceedings is made,, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or,, s appeals not otherwise allowed by; law. Persons with disabilities needing to participate in any of ,assistance these proceedings should' contact the City Clerk's: ;. office (868-1221) 48 hours in. advance of the, ; meeting. Susan Stills, CMC r City Clerk Chambers, 900 E. Strawbridge The serial numbers on the bills Ave. are "GB10872958A." b NOTICE OF ZONING CHANGE CITY OF CAPE CANAVERAL, The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for First Reading of Ordinance No. 19-2006 in the City Hall Annex, 111 • Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, November 21, 2006. The ordinance may be inspected in its entirety in the City Clerk's, office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 19-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL' USE;" PROHIBITING TRANSIENT' COMMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR >SINGLEFAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS 'THAN NINETY(90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING AN AMORTIZATION SCHEDULE FOR TRANSIENT' COMMERCIAL, ' USES IN:;RESIDENTIAL ZONING, DISTRICTS* WHICH WERE IN EXISTENRCE, LICENSED BY THE STATE AND PAID APPLICABLE STATE TRANSIENT 11 RENTAL TAXES BY DATE CERTAIN AS SET FORTH IN, THIS ORDINANCE; PROVIDING FOR EXTENSIONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 11,0, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If .a_ person decides to appeal any decision made by the City Council with respect to any, matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the, testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, n@r does it authorize challenges or appeals. not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of- these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk 103462 Offer E) jr STEAM PRO Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Ordinances -2nd Reading Item No. 10 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-2006, AMENDING CHAPTER 86, ESTABLISHING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider Ordinance No. 20-2006, amending Chapter 86, Concurrency Management System, establishing a proportionate fair share mitigation program related to transportation facility impacts, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The 2005 amendments to Florida's growth management directed local governments to adopt "Proportionate Share" regulations related to transportation concurrency. I have attached an outline explanation of the fair share ordinance that was drafted by the Center for Urban Transportation Research. Also attached is the Brevard County version of the "Fair Share" ordinance that the City would be under if City Council did not adopt our proposed Ordinance No. 20-2006. I recommend approval. Exhibits Attached: Ordinance No. 20-2006; Proposed County Ordinance; CUTR Explanation of Ordinance City Manager's nfrice -; Department GROWTH MGMT/P&Z cape- im\ do nts\admin\cou ting\2006\12-05-06\20-2006.doc ORDINANCE NO. 20-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,; AMENDING CHAPTER 86, CONCURRENCY MANAGEMENT SYSTEM, OF THE CODE OF ORDINANCES; ESTABLISHING ARTICLE 11. OF CHAPTER 86, IMPLEMENTING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS PURSUANT TO THE REQUIREMENTS OF FLORIDA LAW; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Legislature adopted Chapter Law 2005-290, Laws of Florida, amending section 163.3180, Florida Statutes, to require all local governments to adopt by ordinance a methodology for assessing proportionate fair -share mitigation options related to impacts to the City's transportation facilities caused by development by December 1, 2006; and WHEREAS, the City Council of the City of Cape Canaveral finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors; and WHEREAS, a proportionate fair -share mitigation program provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors; and WHEREAS, a proportionate fair -share mitigation program would allow developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair -share of the cost of a transportation facility; and WHEREAS, such program would contribute to the provision of adequate public facilities for future growth and promote a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; and WHEREAS, a proportionate fair -share mitigation program would maximize the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the City to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the Capital Improvements Element of the City of Cape Canaveral Ordinance No. 20-2006 Page 1 of 12 Cape Canaveral Comprehensive Plan; and WHEREAS, the City Council finds this ordinance to be consistent with section 163.3180(16), Florida Statutes, and the City's Comprehensive Plan; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 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 this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 86, Concurrency Management System, 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 this Ordinance of text existing in Chapter 86. It is intended that the text in Chapter 86 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 86. CONCURRENCY MANAGEMENT SYSTEM ARTICLE I. GENERAL *** Secs. 86-14 — 86-20. Reserved. ARTICLE II. TRANSPORTATION FACILITY PROPORTIONATE FAIR -SHARE MITIGATION PROGRAM Sec. 86-21. Purpose and intent. The purpose of this ordinance is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors to be known as "the Proportionate Fair -Share Program" as required by and in the manner consistent with section 163.3180(16). Florida Statutes. Sec. 86-22. Applicability. The Proportionate Fair -Share Program shall apply to all developments in the City that have City of Cape Canaveral Ordinance No. 20-2006 Page 2 of 12 been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the City's Concurrency Management System ("CMS") including transportation facilities maintained by MOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of section 86-23. The Proportionate Fair -Share Program does not apply to developments of regional impact (DRIs) using_ proportionate fair -share under section 163 3180(12) Florida Statutes or to developments that may be exempted from concurrency as provided in the City Code Comprehensive Plan or any other applicable law. Sec. 86-23. General requirements. (a) An applicant may choose to satisfy the transportation concurrency requirements of the City by making_a proportionate fair -share contribution, pursuant to the following requirements: LIL The proposed development is consistent with the comprehensive plan and applicable land development regulations. The five-year schedule of capital improvements in the Capital Improvement Element ("CIE") of the City's Comprehensive Plan or the long-term schedule of capital improvements for an adopted long-term CMS includes a transportation improvement(s) that upon completion will satisfy the requirements of the City transportation CMS The provisions of section 86-23(b) may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government CIE or an adopted long-term schedule of capital improvements. (b) The City may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair -Share Program by contributing to an improvement that, upon completion will satisfy the requirements of the City transportation CMS, but is not contained in the five-year schedule of capital improvements in the CIE or a long-term schedule of capital improvements for an adopted long-term CMS, where the following apply: (1) The City adopts by resolution or ordinance a commitment to add the improvement to the five-year schedule of capital improvements in the CIE or long- term schedule of capital improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the City Council and determined to be financially feasible pursuant to section 163.3180(16)(b)l, Florida Statutes, consistent with the comprehensive plan and in compliance with the provisions of this Article Financial feasibility for this section means that additional contributions, payments or funding sources are reasonablyanticipated during a period not to exceed 10 years to fully mitigatepacts on the transportation facilities. If the funds allocated for the five-year schedule of capital improvements in the City CIE are insufficient to fully fund construction of a transportation City of Cape Canaveral Ordinance No. 20-2006 Page 3 of 12 improvement required by the CMS the City may still enter into a binding proportionate fair -share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair -share is calculated if the proportionate fair -share amount in such agreement is sufficient to pay for one or more improvements which will in the opinion of the governmental entity or entities maintaining the transportation facilities significantly benefit the impacted transportations stem. The improvement or improvements funded by the proportionate fair -share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next annual capital improvements element update. Any improvement project proposed to meet the developer's fair -share obligation must meet design standards of the City for locally maintained roadways and those of the FDOT for the state highways stem. Sec. 86-24. Intergovernmental coordination. Pursuant to policies in the Intergovernmental Coordination Element of the City's comprehensive plan the City shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair -share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. Sec. 86-25. Application process. (a) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisft�portation concurrency through the Proportionate Fair -Share Program pursuant to the requirements of section 86-23. Prior to submitting an application for a proportionate fair -share agreement, a pre - application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation_ options and related issues. If the impacted facility is on the Strategic Intermodal System then the FDOT will be notified and invited to participate in the pre - application meeting. (c) Eligible applicants shall submit an application to the City that includes an application fee as established by Resolution of the City Council and which includes the following: Name address and phone number of property owner(s), developer and/or agent, City of Cape Canaveral Ordinance No. 20-2006 Page 4 of 12 ah Property location including parcel identification number(s); fIL Legal description and survey of property; Project description including type intensity and amount of development; S�L Phasing schedule, if applicable; S�L Description of requested proportionate fair -share mitigation method(s); and SL Copy of concurrency application. The concurrency manager shall review the application and certify that the application is sufficient and complete within 10 business days. If an application is determined to be insufficient incomplete or inconsistent with the general requirements of the Proportionate Fair -Share Program as set forth in section 86-23, then the applicant will be notified in writing of the reasons for such deficiencies within 10 business days of submittal of the application. If such deficiencies are not remedied b the he applicant within 30 days of receipt of the written notification then the application will be deemed abandoned. The City Council may, in its discretion grant an extension of time not to exceed 60 days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. (e) Pursuant to section 163.3180(16)(e) Florida Statutes, proposed proportionate fair - share mitigation for development impacts to facilities on the Strategic Intermodal System requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair -share agreement. fS) When an application is deemed sufficient complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair -share obligation and binding agreement will be prepared by the City or the applicant with direction from the City and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair -share mitigation on a Strategic Intermodal System facility, no later than 60 days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 days prior to the City Council meeting when the agreement will be considered. (g) The City shall notify the applicant regarding the date of the Council meeting when the agreement will be considered for final approval. No proportionate fair -share agreement will be effective until approved by the City Council. Sec. 86-26. Determining_ proportionate fair -share obligation. (a) Proportionate fair -share mitigation for concurrency impacts may include, without City of Cape Canaveral Ordinance No. 20-2006 Page 5 of 12 limitation, private funds contributions of land and/or construction and contribution of facilities. S�L A development shall not be required to pay more than its proportionate fair -share. The fair market value of the proportionate fair -share mitigation for the impacted facilities shall not differ regardless of the method of miti attion. (c) The methodology used to calculate an applicant's proportionate fair -share obligation shall be as provided for in section 163 3180(12) Florida Statutes, as follows: The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost at the time of developer payment of the improvement necessary to maintain the adopted LOS, or Where: Proportionate Fair -Share = E[(Development Trips;) / (SV Increase; x Cost Development Tripsi = Those trams from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS; SV Increasei = Service volume increase provided by the eligible improvement to roadway segment "i" per section E; Cost; = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs such as design right-of-way acquisition, planning, engineering,inspection and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. For the purposes of determining proportionate fair -share obligations, the City shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE the MPO/TIP or the FDOT Work Program. Where such information is not available improvement cost shall be determined using one of the following methods: LIL An anally the City of costs by cross section type that incorporates data from recent projects and is updated annuallyaapproved by the City Council. In order to accommodate increases in construction material costs, project costs shall be adjusted to address inflation; A sample method for determining an inflation factor is as follows: City of Cape Canaveral Ordinance No. 20-2006 Page 6 of 12 Cost = Costo x (1 + Costro�wth_3yX Where: Cost„= The cost of the improvement inems= Cost„ = The cost of the improvement in the current year, Cost rrowth3yr= The growth rate of the costs over the last three (3) Bears; n = The number of years until the improvement is constructed. The three-yeargrowth rate is determined by the following formula: Costrowth3yr = [Costrg owth-i + Costrg owth 2 + Cost growth 3L or The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of cross-section (urban or rural)-, locally available data from recent projects on acquisition drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District. (e) If the City has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. ff) If the City has accepted right-of-way dedication for the proportionate fair -share payment credit for the dedication of the non -site related right-of-way shall be valued on the date of the dedication by fair market value established by an independent appraisal approved by the City and at no expense to the City. The applicant shall supply a drawing and legal description of the land and a certificate of title or title search of the land to the City at no expense to the City. If the estimated value of the right-of-way dedication proposed by the applicant is less than the City estimated total proportionate fair -share obligation for that development then the applicant must also pay the difference Prior to Purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair -share public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. Sec 86-27. Impact fee credit for proportionate fair -share mitigation. (a) Proportionate fair -share contributions shall be applied as a credit against impact fees to the extent that all or a portion of the proportionate fair -share mitigation is used to address City of Cape Canaveral Ordinance No. 20-2006 Page 7 of 12 the same capital infrastructure improvements contemplated by the City's impact fee regulations as set forth in Article V Division 3 of Chapter 2 of the City Code ("impact fee regulations"). Impact fee credits for the proportionate fair -share contribution will be determined when the transportation impact fee obligation is calculated for the proposed development. Impact fees owed by the applicant will be reduced per the Proportionate Fair -Share Agreement as they become due per the City's impact fee regulations. If the applicant's proportionate fair -share obligation is less than the development's anticipated road impact fee for the specific stage or phase of development under review, then the applicant or its successor must pay the remaining impact fee amount to the City pursuant to the requirements of the impact fee regulations. (c) Major projects not included within the impact fee regulations or created under section 86-23(b)(1) and (2) which can demonstrate a significant benefit to the impacted transportation system may be eligible at the City's discretion for impact fee credits. The proportionate fair -share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location As a result any road impact fee credit based upon proportionate fair -share contributions for a proposed development cannot be transferred to any other location unless provided for within the impact fee provisions as set forth in the City's impact fee regulations. Sec. 86-28. Proportionate fair -share agreements. (a) Upon execution of a proportionate fair -share agreement (Agreement) the applicant shall receive a City certificate of concurrencyapproval. Should the applicant fail to apply for a development permit within twelve (12) months then the Agreement shall be considered null and void, and the applicant shall be required to reapply. Payment of the proportionate fair -share contribution is due in full prior to issuance of the final development order or recording of the final plat and shall be non-refundable. If the payment is submitted more than twelve (12) months from the date of execution of the Agreement then the proportionate fair -share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to section 86-26 and adjusted accordingly. (c) All developer improvements authorized under this article must be completed prior to issuance of a development permit or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy. Dedication of necessary right-of-way for facility improvements pursuant to a City of Cape Canaveral Ordinance No. 20-2006 Page 8 of 12 proportionate fair -share agreement must be completed prior to issuance of the final development order or recording of the final plat. (e) Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair -share contributions to the extent the change would generate additional traffic that would require mitigation. ff) Applicants may submit a letter to withdraw from the proportionate fair -share agreement at an time to the execution of the agreement. The application fee and any associated advertising costs to the City will be non refundable. �gj The City may enter into proportionate fair -share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility. Sec. 86-29. Appropriation of fair -share revenues. (a) Proportionate fair -share revenues shall be placed in the appropriate project account for funding of scheduled improvements in the City's CIE, or as otherwise established in the terms of the proportionate fair -share agreement. At the discretion of the City Council, proportionate fair -share revenues may be used for operational improvements prior to construction of the capacity, project from which the proportionate fair -share revenues were derived. Proportionate fair -share revenues may also be used as the 50% local match for funding under the FDOT TRIP. In the event a scheduled facility improvement is removed from the CIE, then the revenues collected for its construction may be applied toward the construction of another improvement within that same corridor or sector that would mitigate the impacts of development pursuant to the requirements of section 86-23(b)(2). Where an impacted regional facility has been designated as a regionally significant transportation facility in an adopted regional transportation plan as provided in section 339.155, Florida Statutes., then the City may coordinate with other impacted jurisdictions and agencies to apply proportionate fair -share contributions and public contributions to seek funding for improving the impacted regional facility under the FDOT TRIP. Such coordination shall be ratified by the City Council through an interlocal agreement that establishes a procedure for earmarking of the developer contributions for this purpose. (c) Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair -share obligation calculated under section 86-26, the City shall reimburse the applicant for the excess contribution using one or more of the following methods: An impact fee credit account may be established for the applicant in the amount of the excess contribution, a portion or all of which may be assigned and City of Cape Canaveral Ordinance No. 20-2006 Page 9 of 12 reassigned under the terms and conditions acceptable to the City. Qj An account may be established for the applicant for the purpose of reimbursingthe applicant for the excess contribution with proportionate fair -share payments from future applicants on the facility. jah The City may compensate the applicant for the excess contribution through payment or some combination of means acceptable to the City and the applicant. Sec. 86-30. Cross jurisdictional impacts. (a) In the interest of intergovernmental coordination and to reflect the shared responsibilities for managingde�pment and concurrency, the City may enter an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development. A development application submitted to the City subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section: All or part of the proposed development is located within three (3) miles of the area which is under the jurisdiction for transportation concurrency, of an adjacent local government: and Using its own concurrency analysis procedures, the City concludes that the additional traffic from the proposed development would use five percent (5%) or more of the adopted peak hour LOS maximum service volume of a regional transportation facility within the concurrency jurisdiction of the adjacent local government ("impacted regional facility"); and ah The impacted regional facility is projected to be operating below the level of service standard adopted b the he adjacent local government, when the traffic from the proposed development is included. (c) Upon identification of an impacted regional facility pursuant to subsection (b)(1)-(3) the City shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair -share contribution based on the projected impacts of the proposed development on the impacted adjacent facility. U1 The adjacent local government shall have up to ninety (90) days in which to notify the City of a proposed specific proportionate fair -share obligation and the intended use of the funds when received. The adjacent local government must City of Cape Canaveral Ordinance No. 20-2006 Page 10 of 12 provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of section 163.3180(16), Florida Statutes. Should the adjacent local government decline proportionate fair -share mitigation under this section then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the City. If the subject application is subsequently approved by the City, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application evidence that the proportionate fair -share obligation to the adjacent local government has been satisfied. The City may require the adjacent local government to declare, in a resolution, ordinance, or equivalent document its intent for the use of the concurrency funds to be paid by the applicant. 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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. [ADOPTION PAGE FOLLOW] City of Cape Canaveral Ordinance No. 20-2006 Page 11 of 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: ROCKY RANDELS, Mayor For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos 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 City of Cape Canaveral Ordinance No. 20-2006 Page 12 of 12 Model Ordinance for Proportionate Fair -Share Mitigation of Development Impacts On Transportation Corridors Final Edition February 14, 2006 �P yr0 OU9 5 Q QJ State of Florida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399 FDOT Contract No. BD544; RPWO:21 11CUTR Center for Urban Transportation Research University of South Florida, College of Engineering 4202 E. Fowler Ave., CUT 100 Tampa, FL 33620-5375 (813) 974-3120 www. cutr. usf. edu �/�? � — �r ��1-i L'�' %✓'Z GA/? /.i !� �!/ i ✓t-cav�5 � u. i, rn i � �: ii' �-2� � �T� �c PREFACE Concurrency is a growth management concept intended to ensure that the necessary public facilities and services are available concurrent with the impacts of development. To carry out transportation concurrency, local governments must define what constitutes an adequate level of service (LOS) and measure whether the service needs of a new development outrun existing capacity and any scheduled improvements in the Capital Improvements Element (CIE). If adequate capacity is not available, the local government cannot permit development unless certain conditions apply as provided for in statute, such as "de minimis" exemptions for developments having only minor impacts or concurrency exception areas to encourage infill and redevelopment. The 2005 amendments to Florida's growth management legislation directed local governments to enact concurrency management ordinances by December 1, 2006, that allow for "proportionate share" contributions from developers toward concurrency requirements (see §163.3180(16), F.S., in Appendix A). The intent of the proportionate fair -share option is to provide applicants for development an opportunity to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their share of the cost of improving the impacted transportation facility. The Florida Department of Transportation (FDOT) was directed to develop a model ordinance for proportionate fair -share contributions for use by local governments no later than December 1, 2005. This model proportionate fair -share ordinance is the result of a collaborative effort between the FDOT, the Center for Urban Transportation Research (CUTR), a Technical Advisory Committee comprised of transportation and development professionals with experience in concurrency management, and a cross section of Florida developers and their consultants. It is necessary for a local government to have a Concurrency Management System (CMS) in place prior to the adoption of a proportionate fair -share ordinance. The newly adopted proportionate fair -share requirements would not apply until a deficiency is identified through the local CMS. Local governments that have yet to establish a CMS will need to do so prior to implementing a Proportionate Fair -Share Mitigation Program. Proportionate Fair -Share Programs must be consistent with local concurrency management requirements. The law permits local CMSs to determine concurrency based on new capacity to be provided by planned road improvement projects up to the first three years of the capital improvement schedule. Local governments, at their option, may adopt more stringent standards that apply concurrency at an earlier stage. To the extent local governments have adopted more stringent standards, the proportionate fair -share ordinance must reflect a similar time period, thus providing for proportionate fair -share options in years one, two or three (consistent with local provisions) of the five-year capital improvement schedule. Proportionate fair -share contributions should not be confused with transportation impact fees. The primary difference is that the proportionate fair -share payment outlined in ff Section 163.3180(16), F.S., is intended as a means to address a specific transportation concurrency issue - a road segment or segments operating below the adopted level -of - service standard; whereas transportation impact fees are imposed on each new development to pay for that development's impact on the entire transportation system (as addressed by the local impact fee ordinance). The model ordinance addresses the need for local governments to provide transportation impact fee credit for proportionate fair - share contributions under certain conditions as required by Section 163.3180(16), F.S. The model ordinance implements the provisions of Section 163.3180(16), F.S., which establishes conditions whereby developers may satisfy transportation concurrency requirements through proportionate fair -share contributions. It should be noted that the developer may elect to use these provisions if the transportation facilities or facility segments identified as mitigation for the development's traffic impacts are specifically identified for funding in the five-year schedule of capital improvements in a local government's (CIE) or in an adopted long-term CMS. Likewise, the local government may elect to allow a development to proceed through the Proportionate Fair -Share Program if the local government is willing to add the necessary transportation improvement project to the five-year schedule of capital improvements in the next annual update of the CIE. If the local government does not have sufficient funds to fully fund construction of a transportation improvement required by the CMS, the local government and developer may still enter into a binding proportionate fair -share agreement authorizing the developer to construct that amount of development on which the proportionate fair share is calculated. In this latter case, the proportionate fair -share amount must be sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. Local capital improvement plans needed to achieve and maintain adopted LOS standards over the five year period and long term CMSs must be "financially feasible" as defined in Section 163.3164(32), F.S. Local governments choosing to add a project to their five- year capital improvements schedule must demonstrate that additional contributions, payments or funding sources are reasonably anticipated to fully fund the project. Updates to the CIE that reflect proportionate share contributions will still meet financial feasibility requirements if additional developer contributions and other funding sources needed to satisfy the requirements of the local CMS are reasonably anticipated at least within a 10 -year period. The definition of financial feasibility in statute further indicates that "the requirement that (LOS) standards be achieved and maintained shall not apply if the proportionate -share process set forth in 163.3180(12) and (16) is used." This provision clarifies that proportionate share is a pay -as you -go method that does not require immediate resolution of the LOS deficiency, but transportation projects satisfying the LOS deficiencies on these facilities must still be programmed for improvement in the five-year CIE or long term concurrency management system. iv The five-year schedule of capital improvements in the CIE must be reviewed annually and modified as necessary to maintain financial feasibility. In addition to any locally programmed facilities, the schedule must include projects in the Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP) (and any privately funded facilities that have been guaranteed in an enforceable agreement) that are relied upon to ensure concurrency and financial feasibility in the five-year schedule period (§163.3177(3)(a)6, F.S.). If a long term CMS is adopted, the local government must evaluate the system periodically and at a minimum the next Evaluation and Appraisal Report (EAR) must assess the progress toward achieving an improved LOS and identify any changes needed to accelerate that progress. Long term CMS are typically 10 years, but may extend up to 15 years with certain justification. The legislation also called for a long term schedule of capital improvements to be submitted with the long term CMS plan (§163.3177(3) (d), F. S.). Finally, a local government has the responsibility to deny a development that is inconsistent with the comprehensive plan or land development regulations. This should occur regardless of a development's ability to meet concurrency through proportionate fair share, unless the plan is amended to reflect the necessary changes to accommodate the development. v PLAN & ZONING SS92069 11/09106 05:99pm P. 002 BREVAF BOARD OF COUNTY COMMISSIONERS ....FL.ORIDA7r, SPACE COAST Brevard County Planning and Zoning Office Telephone (321) 633-2069 2725 Judge Fran Jamieson Way Fax (321J 633-2074 Vera, Florida 32940 TO: City Manager FROM: Stephen M. Swanke, AICP, Planning Manager Brevard County Planning & Zoning Of e r DATE: November 9, 2006 SUBJECT: Proportionate Fair -Share Ordinance On October 26, 2006 a draft copy of Brevard County's Proportionate Fair -Share Ordinance for Transportation was mailed to you. This ordinance will be considered for adoption by the Board of County Commissioners in a public hearing at its November 14, 2006 meeting. Adoption of this ordinance will fulfill the statutory requirement in Section 163.3180(16), Florida Statutes for local governments to adopt such an ordinance by December 1, 2006. The ordinance has been written to apply to the unincorporated area and to incorporated areas to the extent allowed by Article 1, Section 1.7 of the Brevard County Charter. If you want the County's ordinance to apply within your jurisdiction, no further action is necessary. If you do not want the County's ordinance to apply within your jurisdiction, then it will be necessary for your municipality to adopt an ordinance that fulfills the statutory requirement cited above. If you have any questions, please contact me. ORDINANCE NO. 06 - AN ORDINANCE AMENDING CHAPTER 62, "LAND DEVELOPMENT REGULATIONS", CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA; AMENDING ARTICLE IV "CONCURRENCY MANAGEMENT"; ESTABLISHING A METHODOLOGY FOR ASSESSING PROPORTIONATE FAIR -SHARE MITIGATION OPTIONS; CREATING SECTIONS 62-607 THROUGH 62-618; PROVIDING FOR SHORT TITLE, AUTHORITY, AND APPLICABILITY; PURPOSE AND INTENT; FINDINGS; DEFINITIONS; GENERAL REQUIREMENTS; INTERGOVERNMENTAL COORDINATION; APPLICATION PROCESS; DETERMINATION OF PROPORTIONATE FAIR -SHARE OBLIGATION; IMPACT FEE CREDIT FOR PROPORTIONATE FAIR SHARE MITIGATION; PROPORTIONATE FAIR -SHARE AGREEMENTS; APPROPRIATION OF PROPORTIONATE FAIR -SHARE REVENUES; CROSS JURISDICTIONAL IMPACTS; PROVIDING FOR LEGAL STATUS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AREA ENCOMPASSED; PROVIDING FOR CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Brevard County Comprehensive Plan establishes the objective of providing transportation facilities that are safe and adequate to accommodate the travel demands associated with new development and that support the goals, objectives and policies in the Comprehensive Plan and associated land development regulations; and WHEREAS, the Brevard County Comprehensive Plan establishes the policy that new development provide transportation facilities with adequate capacity to accommodate the impacts from new development either through actual construction of the necessary facilities or through specific revenue producing mechanisms; and WHEREAS, the Brevard County Comprehensive Plan establishes the policies creating acceptable level of service standards for transportation facilities and a transportation concurrency management system to monitor the performance of transportation facilities in Brevard County; and WHEREAS, the Florida Legislature, through the enactment of Chapter 2005-290 which created §163.3180(16), Florida Statutes, has required local governments to adopt by ordinance a methodology to assess proportionate fair -share mitigation options for transportation facilities by December 1, 2006. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA: Section 1. Article IV of Chapter 62 of the Code of Ordinances of Brevard County, Florida is hereby amended by creating Sections 62-607 through 62-618 to read as follows: Sec. 62-607. Short Title, Authority and Applicability (1) This subchapter, comprised of Sections 62-607 through 62-618 of the Code of Ordinances of Brevard County, Florida, shall be known and may be cited as the Brevard County Proportionate Fair -Share Program for Transportation. (2) The Board of County Commissioners has the authority to adopt this division pursuant to Florida Constitution Article VIII and Florida Statutes Chapters 125 and 163. (3) The Board of County Commissioners is required to adopt this subchapter by and in a manner consistent with § 163.3180(16), Florida Statutes. (4) The Brevard County Proportionate Fair -Share Program for Transportation shall apply to all developments in Brevard County that have been notified of a lack of capacity to satisfy transportation concurrency on a transportation facility in the Brevard County Concurrency Management System, including transportation facilities maintained by FDOT or another jurisdiction that are relied upon for concurrency determinations, pursuant to the requirements of Section 62-611. (5) The Proportionate Fair -Share Program for Transportation does not apply to developments of regional impact (DRIB) using proportionate fair -share under §163.3180(12), Florida Statutes, or to developments exempted from concurrency as provided in Section 62-601 of the Code of Ordinance of Brevard County, Florida and/or Chapter 163.3180, Florida Statutes, regarding exceptions and de minimis impacts. Sec. 62-608. Purpose and Intent The purpose of this ordinance is to establish a method whereby the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors. Sec. 62-609. Findings. (1) The Board of County Commissioners of Brevard County, Florida finds and determines that transportation capacity is a commodity that has a value to both the public and private sectors and the Brevard County Proportionate Fair -Share Program: (a) Provides a method by which the impacts of development on transportation facilities can be mitigated by the cooperative efforts of the public and private sectors; (b) Allows developers to proceed under certain conditions, notwithstanding the failure of transportation concurrency, by contributing their proportionate fair - share of the cost of a transportation facility; (c) Contributes to the provision of adequate public facilities for future growth and promotes a strong commitment to comprehensive facilities planning, thereby reducing the potential for moratoria or unacceptable levels of traffic congestion; (d) Maximizes the use of public funds for adequate transportation facilities to serve future growth, and may, in certain circumstances, allow the Board of County Commissioners of Brevard County, Florida to expedite transportation improvements by supplementing funds currently allocated for transportation improvements in the CIE. (e) Is consistent with §163.3180(16), Florida Statutes, and supports the goals, objectives and policies in the Brevard County Comprehensive Plan. Sec. 62-610. Definitions. As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended: Capital Improvements Element (CIES shall mean the required element of a local government's comprehensive plan that fulfills the requirements of §163.3177(3), Florida Statutes. The Capital Improvements Element as used in the Proportionate Fair -Share Program for Transportation may refer to the Capital Improvements Element of Brevard County's Comprehensive Plan or to the capital improvements element of the comprehensive plan of another local government in Brevard County that is subject to the Proportionate Fair -Share Program for Transportation. Concurrency Management System (CMS shall mean the land development regulations that contain the policies, procedures and methodologies used to measure the impact of new development on the adopted level of service on the roadway network in Brevard County and is consistent with the requirements of §163.3180, Florida Statutes. The Concurrency Management System includes the land development regulations adopted by Brevard County and can include those adopted by another local government within Brevard County that is subject to the Brevard County Proportionate Fair -Share Program for Transportation. Transportation Impact Fees shall mean those impact fees imposed by Brevard County through the Brevard County Transportation Impact Fee Ordinance as codified in Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida. Sec. 62-611. General Requirements. (1) An applicant may choose to satisfy the transportation concurrency requirements of Brevard County or another local government in Brevard County that is subject to the Brevard County Proportionate Fair -Share Program for Transportation by making a proportionate fair -share contribution, pursuant to the following requirements: (a) The proposed development is consistent with the comprehensive plan and applicable land development regulations of Brevard County or local government with jurisdiction over the proposed development. (b) The five-year schedule of improvements in the CIE or the long-term schedule of improvements for an adopted long-term CMS includes a transportation improvement(s) that, upon completion, will provide sufficient capacity to accommodate the additional traffic generated by the proposed development. The provisions of Section 62-611 (2) may apply if a project or projects needed to satisfy concurrency are not presently contained within the local government CIE or an adopted long-term schedule of improvements. (2) The Board of County Commissioners may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair -Share Program for Transportation by contributing to an improvement that, upon completion, will provide sufficient capacity to accommodate the additional traffic generated by the proposed development, but is not contained in the five-year schedule of improvements in the CIE or a long- term schedule of improvements for an adopted long-term CMS, where the following apply: (a) The Board of County Commissioners or another local government in Brevard County adopts, by resolution or ordinance, a commitment to add the improvement to the five-year schedule of improvements in the CIE or long-term schedule of improvements for an adopted long-term CMS no later than the next regularly scheduled update. To qualify for consideration under this section, the proposed improvement must be reviewed by the Board of County Commissioners or City Council of the local government with jurisdiction, and determined to be financially feasible pursuant to §163.3180(16) (b) 1, Florida Statutes, consistent with the comprehensive plan, and in compliance with the provisions of this ordinance. Financial feasibility for this section means that additional contributions, payments or funding sources are reasonably anticipated during a period not to exceed 10 years to fully mitigate impacts on the transportation facilities. (b) If the funds allocated for the five-year schedule of capital improvements in the CIE are insufficient to fully fund construction of a transportation improvement required by the CMS, the Board of County Commissioners or City Council of a local government in Brevard County that is subject to the Proportionate Fair - Share Program for Transportation may still enter into a binding proportionate fair - share agreement with the applicant authorizing construction of that amount of development on which the proportionate fair -share is calculated if the proportionate fair -share amount in such agreement is sufficient to pay for one or more improvements which will, in the opinion of the governmental entity or entities maintaining the transportation facilities, significantly benefit the impacted transportation system. The improvement or improvements funded by the proportionate fair -share component must be adopted into the five-year capital improvements schedule of the comprehensive plan or the long-term schedule of capital improvements for an adopted long-term concurrency management system at the next annual capital improvements element update. (3) Any improvement project proposed to meet the developer's fair -share obligation must meet design standards of Brevard County for County maintained roadways, those of the MOT for the state highway system, and the design standards of the applicable local government for all other roads. Sec. 62-612. Intergovernmental Coordination. Pursuant to policies in the Intergovernmental Coordination Element of the Brevard County comprehensive plan and applicable policies in East Central Florida Regional Planning Council's Strategic Regional Policy Plan, Brevard County shall coordinate with affected jurisdictions, including FDOT, regarding mitigation to impacted facilities not under the jurisdiction of the local government receiving the application for proportionate fair -share mitigation. An interlocal agreement may be established with other affected jurisdictions for this purpose. Sec. 62-613. Application Process. (1) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant shall also be notified in writing of the opportunity to satisfy transportation concurrency through the Brevard County Proportionate Fair -Share Program for Transportation pursuant to the requirements of Section 62-611. (2) Prior to submitting an application for a proportionate fair -share agreement, a pre - application meeting shall be held to discuss eligibility, application submittal requirements, potential mitigation options, and related issues. If the impacted facility is on the Strategic Intermodal System (SIS), then the FDOT will be notified and invited to participate in the pre -application meeting. (3) Eligible applicants shall submit an application to Brevard County that includes an application fee established by the Board of County Commissioners by resolution and the following: (a) Name, address and phone number of owner(s), developer and agent; (b) Property location, including parcel identification numbers; (c) Legal description and survey of property; (d) Project description, including type, intensity and amount of development; (e) Phasing schedule, if applicable; (f) Description of requested proportionate fair -share mitigation method(s); and (g) Copy of concurrency application. (4) Brevard County shall review the application and certify that the application is sufficient and complete within 15 business days. If an application is determined to be insufficient, incomplete or inconsistent with the general requirements of the Proportionate Fair -Share Program as indicated in Section 62-611, then the applicant will be notified in writing of the reasons for such deficiencies within 15 business days of submittal of the application. If such deficiencies are not remedied by the applicant within 45 calendar days of receipt of the written notification, then the application will be deemed abandoned. The County Manager may, in his/her discretion, grant an extension of time not to exceed 60 calendar days to cure such deficiencies, provided that the applicant has shown good cause for the extension and has taken reasonable steps to effect a cure. (5) Pursuant to §163.3180(16) (e), Florida Statutes, proposed proportionate fair -share mitigation for development impacts to facilities on the SIS requires the concurrency of the FDOT. The applicant shall submit evidence of an agreement between the applicant and the FDOT for inclusion in the proportionate fair -share agreement. (6) When an application is deemed sufficient, complete, and eligible, the applicant shall be advised in writing and a proposed proportionate fair -share obligation and binding agreement will be prepared by Brevard County or the applicant with direction from Brevard County and delivered to the appropriate parties for review, including a copy to the FDOT for any proposed proportionate fair -share mitigation on a SIS facility, no later than 60 calendar days from the date at which the applicant received the notification of a sufficient application and no fewer than 14 calendar days prior to the Board of County Commissioners' meeting when the agreement will be considered. (7) Brevard County shall notify the applicant regarding the date of the Board of County Commissioners' meeting when the agreement will be considered for final approval. No proportionate fair -share agreement will be effective until approved by the Board of County Commissioners and executed by all parties. Sec. 62-614. Determination of Proportionate Fair -Share Obligation. (1) Proportionate fair -share mitigation for concurrency impacts may include, without limitation, separately or collectively, private funds, contributions of land, and construction and contribution of facilities. (2) A development shall not be required to pay more than its proportionate fair -share. The fair market value of the proportionate fair -share mitigation for the impacted facilities shall not differ regardless of the method of mitigation. (3) The methodology used to calculate an applicant's proportionate fair -share obligation shall be as provided for in Section 163.3180 (12), Florida Statutes, as follows: "The cumulative number of trips from the proposed development expected to reach roadways during peak hours from the complete build out of a stage or phase being approved, divided by the change in the peak hour maximum service volume (MSV) of roadways resulting from construction of an improvement necessary to maintain the adopted LOS, multiplied by the construction cost, at the time of developer payment, of the improvement necessary to maintain the adopted LOS." OR Proportionate Fair -Share [[(Development Trips) / (SV Increase] x Cost; Where: Development Trips; = Those trips from the stage or phase of development under review that are assigned to roadway segment "i" and have triggered a deficiency per the CMS; SV Increase; = Service volume increase provided by the eligible improvement to roadway segment "i" per section E; Cost; = Adjusted cost of the improvement to segment "i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, engineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. (4) For the purposes of determining proportionate fair -share obligations, Brevard County shall determine improvement costs based upon the actual cost of the improvement as obtained from the CIE, the MPO/TIP or the FDOT Work Program. Where such information is not available, improvement cost shall be determined using one of the following methods: (a) An analysis by Brevard County of costs by cross section type that incorporates data from recent projects and is updated annually and approved by the Board of County Commissioners. In order to accommodate increases in construction material costs, project costs shall be adjusted by an inflation factor established by or acceptable to Brevard County; or (b) The most recent issue of FDOT Transportation Costs, as adjusted based upon the type of cross-section (urban or rural); locally available data from recent projects on acquisition, drainage and utility costs; and significant changes in the cost of materials due to unforeseeable events. Cost estimates for state road improvements not included in the adopted FDOT Work Program shall be determined using this method in coordination with the FDOT District. (5) If Brevard County has accepted an improvement project proposed by the applicant, then the value of the improvement shall be determined using one of the methods provided in this section. (6) If Brevard County has accepted right-of-way dedication for the proportionate fair -share payment, credit for the dedication of the non -site related right-of-way shall be valued on the date of the dedication at 125 percent of the most recent assessed value by the Brevard County Property Appraiser or, at the option of the applicant, by fair market value established by an independent appraisal approved by Brevard County and at no expense to the Brevard County. The applicant shall supply a drawing and legal description of the land and a certificate of title or title policy insuring title of the land to Brevard County at no expense to the Brevard County. If the estimated value of the right- of-way dedication proposed by the applicant is less than the Brevard County estimated total proportionate fair -share obligation for that development, then the applicant must also pay the difference. Prior to purchase or acquisition of any real estate or acceptance of donations of real estate intended to be used for the proportionate fair -share, public or private partners should contact the FDOT for essential information about compliance with federal law and regulations. Sec. 62-615. Impact Fee Credit for Proportionate Fair -Share Mitigation. (1) Proportionate fair -share mitigation contributions shall be applied as a credit against transportation impact fees assessed by Brevard County on the project. Credits will be awarded for that portion of the transportation impact fees that would have been used to fund the improvements on which the proportionate fair -share contribution is calculated. The portion of the transportation impact fee used to fund said improvements shall be calculated by the ratio of the total amount of transportation impact fees used to fund the improvements on which the proportionate fair -share contribution is based to the total amount of transportation impact fees used to fund all improvements within the transportation impact fee benefit district in which the project is located that are listed in the adopted Schedule of Improvements in Capital Improvements Element. (2) At the time that the proportionate fair -share contribution is determined, Brevard County will calculate the transportation impact fee obligation for the proposed development and calculate the portion of the transportation impact fee used to fund the improvements on which the proportionate fair -share contribution is based. The transportation impact fee credit shall not exceed 100% of the portion of the transportation impact fee obligation that is creditable to the development or 100% of the proportionate fair -share contribution, whichever is less. (3) The proportionate fair -share obligation is intended to mitigate the transportation impacts of a proposed development at a specific location. For that reason, the transportation impact fee credit based upon proportionate fair -share contribution for a proposed development cannot be transferred to any other location or development. Sec. 62-616. Proportionate Fair -Share Agreements. (1) Upon execution of a proportionate fair -share agreement (Agreement) the applicant shall receive written acknowledgement of concurrency approval from Brevard County or the local government with jurisdiction over the proposed development. Should the applicant fail to apply for a building permit within one (1) year of the effective date of the Agreement, then the Agreement shall be considered null and void, and the applicant shall be required to reapply in accordance to the provisions of Section 62-613. (2) Payment of the proportionate fair -share contribution is due in full prior to issuance of the final development order or, if a plat is involved, recording of the final plat and shall be non-refundable. If the payment is submitted more than 12 months from the effective date of the Agreement, then the proportionate fair -share cost shall be recalculated at the time of payment based on the best estimate of the construction cost of the required improvement at the time of payment, pursuant to Section 62-614 and adjusted accordingly. (3) All developer improvements authorized under this ordinance must be completed prior to issuance of a development permit, or as otherwise established in a binding agreement that is accompanied by a security instrument that is sufficient to ensure the completion of all required improvements. It is the intent of this section that any required improvements be completed before issuance of building permits or certificates of occupancy. (4) Dedication of necessary right-of-way for facility improvements pursuant to a proportionate fair -share agreement must be completed prior to issuance of the final development order or recording of the final plat. (5) Any requested change to a development project subsequent to a development order may be subject to additional proportionate fair -share contributions to the extent the change would generate additional traffic that would require mitigation. (6) An applicant may submit a letter to withdraw from the proportionate fair -share agreement at any time prior to the execution of the agreement. The application fee and any associated advertising costs to the Brevard County will be non-refundable. (7) Brevard County may enter into proportionate fair -share agreements for selected corridor improvements to facilitate collaboration among multiple applicants on improvements to a shared transportation facility. Sec. 62-617. Appropriation of Proportionate Fair -Share Revenues. (1) Proportionate fair -share revenues shall be deposited in a project account established to fund projects listed in the Schedule of Improvements in the CIE, or as otherwise established in the terms of the proportionate fair -share agreement. At the discretion of Brevard County, proportionate fair -share revenues may be used for operational improvements prior to construction of the capacity project from which the proportionate fair -share revenues were derived. Proportionate fair -share revenues may also be used as the requisite local match for funding under the FDOT Transportation Regional Incentive Program (TRIP) or other grant program. (2) In the event a scheduled facility improvement is removed from the Schedule of Improvements in the CIE, then any proportionate fair -share revenues collected for its construction may be applied toward the construction of another improvement that would mitigate the impacts of development pursuant to the requirements of Section 62- 611(2) (b). (3) Where an applicant constructs a transportation facility that exceeds the applicant's proportionate fair -share obligation as calculated pursuant to Section 62-614, Brevard County shall reimburse the applicant for the excess contribution using one or more of the following methods: (a) An account may be established on behalf of the applicant for the purpose of reimbursing the applicant for the amount of the excess contribution. The account shall be funded with proportionate fair -share payments from future applicants who impact the same facility. A Capital Recovery Agreement shall be prepared by the County and fully executed to formalize this arrangement. (b) The County may directly compensate the applicant for the excess contribution through payment or some combination of means that are mutually acceptable to the County and the applicant. Sec. 62-618. Cross Jurisdictional Impacts. (1) In the interest of intergovernmental coordination and to reflect the shared responsibilities for managing development and concurrency, the County may enter an agreement with one or more adjacent local governments to address cross jurisdictional impacts of development on regional transportation facilities. The agreement shall provide for application of the methodology in this section to address the cross jurisdictional transportation impacts of development. (2) A development application submitted to the County subject to a transportation concurrency determination meeting all of the following criteria shall be subject to this section: (a) All or part of the proposed development is located within one mile of the area which is under the jurisdiction, for transportation concurrency, of an adjacent local government; and (b) Using its own concurrency analysis procedures, the County concludes that the additional traffic from the proposed development would use five percent or more of the adopted peak hour LOS maximum service volume of a regional transportation facility within the concurrency jurisdiction of the adjacent local government ("impacted regional facility"); and (c) The impacted regional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included. (3) Upon identification of an impacted regional facility pursuant to Section 62-618 (2) (a) -(c) above, the County shall notify the applicant and the affected adjacent local government in writing of the opportunity to derive an additional proportionate fair -share contribution, based on the projected impacts of the proposed development on the impacted adjacent facility. (a) The adjacent local government shall have up to ninety (90) days in which to notify the County of a proposed specific proportionate fair -share obligation, and the intended use of the funds when received. The adjacent local government must provide reasonable justification that both the amount of the payment and its intended use comply with the requirements of Section 163.3180(16), Florida Statutes. Should the adjacent local government decline proportionate fair -share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share requirements of the County. (b) If the subject application is subsequently approved by the County, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that application, evidence that the proportionate fair -share obligation to the adjacent local government has been satisfied. The County may require the adjacent local government to declare, in a resolution, ordinance, or equivalent document, its intent for the use of the concurrency funds to be paid by the applicant. Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflictine Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state or county law, rule, code or regulation, the more restrictive shall apply. Section 4. Area Encompassed. This ordinance shall apply to the unincorporated area of Brevard County and to the incorporated areas of Brevard County to the extent permitted by Article VIII, Section 1(g), of the Constitution of the State of Florida. Section 5. Effective Date. A certified copy of this ordinance shall be filed with the Secretary of State, State of Florida within ten (10) days of enactment. The ordinance shall take effect upon adoption and filing as required by law. DONE AND ADOPTED in regular session, this fourteenth day of November, 2006. ATTEST: Scott Ellis, Clerk BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Helen Voltz, Chair Approved by the Board on November 14, 2006 Published Daily STATE OF FLORIDA COUNTY OF BREVARD At�neot6a�nrrszooa NOTE Before the undersigned authority personally appeared MAUREEN FARR who on oc atug of ffw- CRY of Of adaphno Ordinance Nm oath says that she is LEGAL ADVERTISING CLERK�,aidf1e r a 111 Pok Avenue,. Cape Cartawer- of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; a4 Florida ad 7 PJVL, on Tuesday, Dos er s, ems The w:1 - may be Irtspecietl in its entkty in the cny Clerk's arm that the attached copy of advertising being a LEGAL NOTICE atifto business hays. (8'30 am. t015:00 PJTL, Mo ). ORDINANCE Na 20w=6 (AD#801620-$137.77) in the matter of AN ORDINANcf ar-7mcrry OFCAPE CANAVERAL, FLORIDA.; AMENDING -CHAP- CITY OF CAPE CANAVERAL TER 86 CONCURRENCY MAN - AGEMENT wsm% of THE — CODE OF in the Court TAABLISHING AR�IT�Su. OAF CHAPTER 8PROP6 AI p,iG SHARE MITIGATION PRO - NOTICE OF ORDINANCE GRA RELATED OOTTRANnSM- AT PACrS PURSUANT TO THE' � iMAKING COONNFO�RMING was published in the FLORIDA TODAY AND MISCELLANEOUS AMENDMENTS; PROVIDING R R THE R F PRIOR iFON PEAL in the issues of NOVEMBER 25, 2006 PINANCES AM RESOLWTIONS, CODE; PORATIBILITY; AND AN EF FECTIVE DATE affiant further says that the said FLORIDA TODAY ORDNANCE NO. 21-M AN FINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; ADOPTING is a newspaper in said Brevard County, Florida, and that the said newspaper has NUAL GENERAL rUND heretofore been continuously published in said Brevard County, Florida, regularly as ER ;ENTERPRISEFUND, STORMWATER ' UTILITY FUND SPECIAL REVENUE FUNDS AM E)(PENDA&-E stated above, and has been entered as periodicals matter at the post office in TRUST FUND BUDGErS FOR THE FISCAL YEAR e,0NG 09/3D/06, PROVIDING FOR THE MELBOURNE in said Brevard County, Florida, for a period of one year next preceding TENr�INAr1�CESANDI RESP the first publication of the attached copy of advertisement; and affiant further says that OLUTIONS; INCORPORATION INTO TW Ar C0AN EFFFEcrvE DAM she has neither paid nor promised any person, firm or corporation any discount, rebate, h Section Sta ites, the CitY hhereby advises the pudic ftil. n a per- commission or refund for the purpose of securing this advertisement for publication in son decides to appeal any ded- 0 51 r ��f .. said newspaper. „ffh skWW at Ids Truest -& Thar per- smw01reed areoadofllteprc- oeedt M and for such pur- Pose that person M44 nosd 10 armwe that a werbalin neoord of the pro0ee*w Is made, which (Signature of Affiant) aW-b nMCWd "mUpmMk Sworn + tR,�>;gGl�hy��jscribed before this 'STH DAY OF NOVEMBER 2006 peal Is to be based This rWm das r10r caruflhde amseit by me City far ttte InhO&KXM Or bR/I ,ado, �;, C�, IG V .^'°•, rs tr"ele'�a"t awm or aulvtm &aAetam or appeals not WW- • :� s _� i 1� l�4/u' •�' ,��' J �_ wM d saD011 n S*W assW- w0a tO Wkipale in any of (Signature of Notary Public) 11 C8yC10WSSOIR (868-1221) C: C. 1?2a30 Bus hain advame of the most- s ��••, ?'- Shku iaart =56 CMC %f%y; '�U:o • City Clark F LINDA L. BRAUD (Name of Nota Typed, Printed or Stamped) (N Notary YP Personally Known or Produced Identification Type Identification Produced Meeting Type: Regular Meeting Date 12-05-06 AGENDA Heading Ordinances -2" a Reading Item 11 No. I support the city treasurer's recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 21-2006, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/06 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider Ordinance No. 21-2006, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year ending 09-30-06, as recommended by the city treasurer. Summary Explanation & Background: The city treasurer will be available to answer questions about this proposed budget ordinance. I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 21-2006 and Budget Amendment Summary City Man/yOffice Department ADMINISTRATION/FINANCE cap-C--n-t\kim\m o('U e admin\counci \2006\12-05-06\21-2006.doc ORDINANCE NO. 21-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2005, and ending September 30, 2006, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day November, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Leo Nicholas Buzz Petsos Rocky Randels APPROVED AS TO FORM: Shannon Roberts Anthony A. Garganese, CITY ATTORNEY First Reading: Second Reading: P:\CtyTreas\TRANSFERS\2005-2006\ORD - FINAL BUDGET ADOPTION.doc MEMORANDUM DATE: November 8, 2006 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer 4 SUBECT: Final Budget Report and Transfers for the Fiscal Year 2005/2006 Revenues The Fiscal Year 2005/2006 has been completed. Following is a brief review of the state of the Budget. While adjustments could be made for most of the items noted here, it is not the intention of Budget Transfers to force the projections and actual to equal. Therefore, minimal final adjustments will be made. Many of our Revenue increases are directly attributable to the growth spurt we have just experienced. Franchise Fees, and most general taxes have collections above projections. Building Permits finish out the year $240,570 short of original projections, a reduction of 60%. On a more positive note, Interest income from investments is up across the board. The General Fund has an overall increase of 258% over original projections. This increase can be seen in each fund holding investments. Investigative Fee Revenue has also increased from a zero budget projection to over $19,000 in receipts. Removing Cash Forward from the mix, projected revenues finish the year at 105% collection. The Brevard County Sheriffs Office has notified the City that there is an estimated $122,228 surplus in the funding of the Police Service Contract, reducing the overall cost of service for the year. Legal Services are increased to cover the costs associated with general City activities. This increase is offset by a reduction to Contingency and represents the only adjustment made to the General Fund in the final quarter of the year. The Sea Turtle Lighting Project has been completed and the Grant funds have been received from the Caribbean Conservation Corporation. The Fire Protection Fund is adjusted to recognize the increase in revenues and its subsequent transfer to the General Fund. These funds are collected from Capital Expansion fees on new construction over two stories. This fund was established to reimburse the General Fund for capital loaned to purchase the first ladder truck. As of this date, the loan has been repaid. The General Fund will make a final payment in the FY06/07 of $37,402 to complete the Lease/Purchase agreement made in partnership with the Canaveral Port Authority. With the removal of Cash Forward, Sewer Fund revenues are collected at 124%. This is due to a combination of reasons. The main source of the increase is Sewer Assessment fees, followed by Utility Operating Income. A grant through St. John's River Water Management District is recognized and collected. This grant provided $75,000 to extend the Reuse Distribution lines. This completes the requested Budget Amendments for the third quarter of the fiscal year 2005/2006. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. 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C O (O CO = O O O O O C7 O O) O = 00 00 O 00 w OO w JC'7 M M r r T T T T T T T r r T r r T r T T r O 0 0 T r T O OT OT OT OT Or Or O O M M M M M M M O O O 0 O (D O qt�'IT 'IT ��qt 0 a Published Daily STATE OF FLORIDA COUNTY OF BREVARD AD�ears2u-nr�aoos NOTXEOFPUBLIC HEAR G Before the undersigned authority personally appeared MAUREEN FARR who on The Cay Cdunal of the City of . fdawilhdd oath says that she is LEGAL ADVERTISING CLERK aCape Public lic: a tiearvig for the purpose Of adopting Ordinance Nm 20-2006 and ordinance No. 21-2006 in the Cdy Hall Annex, of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; 111 Polk Avenue, Cape Canaver- 4 Fta da at 7 P.M., on Tuesday, December 5 2006. The oft- na Des MW be Inspected in its enti ely in the Cay Clerk's office that the attached co of advertising being a LEGAL NOTICE Py during bustress hour; I8Bo am. a n - to iWPjn.. Mondw-Frldarl: ORDINANCE NO. 2o -2n (AD#801620-$137.77) in the matter of AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA„ AMENDING CHAP - CITY OF CAPE CANAVERAL TER 86 CONCURRENCY MAN- AGEMENT SYSTEM; OF THE CODE OF ORDINANCES ES- in the Court TABLISHING ARTICLE II. OF RpPR 86, IMP EMENTE NOTICE OF ORDINANCE A� pgfR SHARE MITIGATION PRO - GRAM - REPORTAIOTED TRANS IM_ PURSUANT TO THE REQUIREMENTS OF FLORIDA LAW; MAKING CONFORMING - was published in the FLORIDA TODAY AND MISCELLANEOUS" � THEREPEAL OF PR IOR INCONSISTENT ORDINANCES in the issues of NOVEMBER 25, 2006 AND RESOLUTIONS, INCOR- PORATION INTO THE CODE; - - SEVERABILDATEIAND AN EF - W- affiant further says that the said FLORIDA TODAY ORDINANCE ORDINANCE NO. 21-M AN ORDINANCE OF THE CRY — OF CAPE CANAVERAL, FLORIDA; ADOPTING is a newspaper in said Brevard County, Florida, and that the said newspaper has AMENDMENTSw,A � O THEAN heretofore been continuously published in said Brevard County, Florida, regularly as ER ENTERPRISE FUND, STORMWATER. UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE stated above, and has been entered as periodicals matter at the p post office in TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING MELBOURNE in said Brevard County, Florida, for a period of one year next preceding 07130/06, PROVIDING FOR THE PRIOR REPEAL TOORDOFr sIAND RRESs- the first publication of the attached copy of advertisement; and affiant further says that OLUnONS: INCORPORATION INTO THE CODE; SEVERABIL- AND AN EFFECTIVE she has neither paid nor promised any person, firm or corporation any discount, rebate, P --m to Section 286.1015,.. Florida Statutes, the City hereby advises the pilau- that. ff a per- commission or refund for the purpose of securing this advertisement for publication In t made by City Counol 1t�a said newspaper. with respect to any matter con- sidered at this meeting, that per - son will reed a record of the pro- Ceedings, and for such pur- Pose Vrat person might need to ensure that a verbatan record Of the proceedings is made, wt d (Signature of Affiant o } Word �� ft'tasttmony and a upon which ft ap_ Peal Is to be based. Tfds rake Sworn tc(i01 gi,L�, 1��scribed before this 35TH DAY OF NOVEMBER, 2006 ��n or ` b ­'�v'e, i /�/ `w �- • it N �rlF ,'E.h/ into evidence of attw- wise Inadmissible or irrelevant mages or appeals not mher- nor does it aPers ins �'`' - L' i J wiidecar, wise allowed by WW. Persons wish disabirifies needing assist- . IV � � � w (Signature of Notary Public) ance 1p ParticPate th any of the �,. Clerk's ordlnos i (868 �, � �) •`3�e ° � — ><g48 � in advance of the meet- l ��. SusanShIls.CMC CityCferk LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type Identification Produced Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Considerations item 12 No. The Beautification Board unanimously recommended this project to City Council. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CENTER STREET GAZEBO PROJECT DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the approval of the Center Street Gazebo Project in the amount of $30,447, as recommended by the Beautification Board utilizing the following vendors: - Southern Park and Play Systems, Inc.: $19,197 Gazebo - T.P.I. Shades and Shelters: $8,600 installation Summary Explanation & Background: The Beautification Board unanimously recommended this project to City Council. Beautification funds have to be appropriated for this project. Exhibits Attached: Public works director's memo and cost estimate City Manage •' Office Department PUBLIC WORKS/BEAUTIFICATION ca kim\m docu e admin\cou \\me ting\2006\12-05-06\gazebo.doc MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski ae Public Works Director DATE: November 15, 2006 RE: Center Street Gazebo, Beautification Board Comments At the Beautification Board meeting last night, the Center Street Gazebo cost was presented by staff. The following is the cost brake down of the Center Street Gazebo: 1. Material cost $19,197.00 2. Construction cost $ 8,600.00 3. Concrete (Est.) $ 2,000.00 4. Permitting $ 650.00 Total Cost $30,447.00 The Beautification Board voted unanimously and recommends the project to be presented to City Council. Attached is a copy of the material and construction costs. MON 09 ard t3�'T �0 s� pa'-.4�&ef sy.�. lam. 761 S.AwloSoulevard DATE: Ms#bourne, FL 329.+1 PH (321) 729-9700 Fax (321) 729-8357 1-800-247-1545 CUSi'OM1EflPROJECT i FA .`•E _ __ _. '_ �'f a Q 2 4. 27 c t� �- ra. f NAME AND LOCATION: -- 3 n SHIP TO: 3� ATTENTION:-- RoofE " 1•:E i Ce - m eds to o -- —e_ — PHONE: (3c� G ------- ---- PHONE, ; } CONTACT "- - ----------- _ - --__ - PERSON: PHONE: posT' - osi C'VA rig r 7AX' 35? } 8 Ct " r 3.3 _ — ----- FTE VA. NOTES; SHIP BY: COMMOIV COMPANY UPS CARRIER —TRUCK RE. CUSTOMER P.O. Pc u cLe r oc_7'e.4 *rqM TAX EXEMPT 0: _ SHtPTO COUNTY; !QLA TITY; k�K lV`ANJF.AC­URER AN MODEL NUMBER ITEM dESCDESCRIPTION'WEIG UNIT PRICE TOTAL PRICE 3 n fiiney RoofE " 1•:E i Ce - m eds to o -- —e_ — _ __- *rm ! -,Pre a r" C nTC cl she Me r, 6 u t ev r'T' 1pe s T - e, "X 6" 4bu a r 8 7-c E 1 posT' - osi C'VA rig r — Pc u cLe r oc_7'e.4 *rqM _ em PFLWIE, aVc.tc,trne m der• oG. 1 re f`ee ---- t e_ JG i T 4EFxi e ud 0.Y u m, �.� ere ----I _-- 4. zes ; -riot Tc m e er 1.30 Jhp h u,: i'n d load. �. !f?„ 6 ba. _ i --II r - ------- �—,�h ntlard7e�lt�►; ,' �. ,E a c_ l6oal !f. est , i _— '' T a '% o $ e l 3 *n rnChLE9 �t'x4 -uVi?- c UsePchz I � 2 r� __ -.rte"' ..• - u rb Li rsLA 1,, m inu tn .x�. o w Cl t C3c 55yy, PrekhTJ o --- -- -�— —9 130 SH 7 oo —� _ 76 0e eTo r. dg �c, i 1 c(i !� C'ot�cp• g, �'eTR 1 �'7 0 C Q OTE G;VEN BY! CUSTOMER SIGNATURE: DATE: r~. / PRINTED: wRITTEN: - I TOTAL 19Ig710a Oct 31 06 11:33a Mary Siephe,�is T.P.I.Shades and Shelters P.O. Box 1112 Sorrento, Fla. 32776 Bili To City of Cape Caraveral 352-r„g9-0490 p.1 Date Invoice # 111111 i2006 1 417 .lob Location City of Cape Canceral !a - '2<A - ti .33 Apache Shelter 6 sided design €: A r.'�^,c-;E tCv;FR�DCtiCOL4 A'ACHE• ;OU ERE Cir D_AA'..D Apache Post Tubular 6 X i 20' 6 X 24' 6 X 28' 6 X 32' r 6 1 X 36' 6 44' 3 I —h --�� X I Ts order t" 7-S* heltersize t; 2), Root style P standard i,t: cupola c double Ger c double ler with cupola 3) Root pitch c standard 4112 e C�t2pIt�Y 4) Raaf panels a W panel alurnim. n gaivaiurna steel Li flat.caad aluminum wood T 3 G pire' ° cedar r insulated sandwich panel 5). Ornamental accent railing style o standard tirCe diarncnd rail design • = bct'om . of full sides _# of skies with _„_open ng top rail • all sides -.double tier rail A aides 6) Bench a` sides 7) Cupda C open C lou4ers raili6 8) Trish ❑ standard G pmmlum '. C gaivenized 9) Colo Li fame . o root. aY. pages 31 32 for more infornation .n o..;b&a ootons Frame ark G: eer ,-ir, yam" L gh` Green t�r'.)nZe ®i 1•�f t, ite .—.—i i,.r.rY � I RE•ga El -le l 24" W Style 8" Flush Roof Panels Roof Panels 71 Americana provides: • Custom kits - Mace to order • Customer support 6 days a week via phone • Web site access 24 hours a day to product s�ecifications, assembly instructions & more - Talk to ups immediately - No automated phone system to raach your salesman Standard Frame finish Re Anti-grat'6 fn;sr, standard on,911 s!':elte, `'ares, •s a poiyuret`:arte-based ponder t:� ating 3-r, -ls thir.K :r a? is cured at 400' until fused into a smcnth l:oa+„n3. Tne surfzce s mad? ; utstard ng uy the Ildlowlrg, goaHias !CGV� • Easy to clear li ghly resistant to meat:?e! and ;cr ?slp•� Glcss; surface Swcth flow: powder coal fni.:h B alk Th!s per3larErd ,'.lrCtdCtlL'n system h:as been •�Esigned 'c }v�',hstard numerous clean ups and:ts Dark Bili ; aapearance will'Oe virualiy Lraltered, even a"er use of otir chernicw c'eaner. Sprayed pain` (;a,l �. 3e removed wiiha.i: a irate even after repezted clean-ups. inougn a slight reauc6on in t,`'a Degree Light 8,ue I Inscriptions applied wit', marking pers',viil disaupeer cur. pl=fay, i � Shat blast, coil farmed but roiled steel ay Anti-oraffiti, polyurethane -based T: -,-re Cotta powder coating (3-6 mills thick) ` ti.a'. Gt oe :Cr •:L3p::r r.'” p"•r; ^f Premkim Frame Finish lupcharge) for an upcharce T!'e above anti-grafiit `inish over the top of a zine rico pr mer'2-3 m;.,,- ihict; T e zhc ricn pri'rer wiil alioNi • i our siruc,ure to stand u to bar, �c.ironmecis witho.a ;`ea- of pro ru.?' :g hiems. '. n ' 5 iri 9:., O.r :hL frame �t,�.._,_ F cremiurn ANSM has prov9n tc 5e vinWi ` rL81 free aler 100iIs of nours r cur sa t fog :hamba,. The zinc ricer stc .s : ust from s revadiny iocer tie finish when scratc.)-.5 or do gs JLcu r Tli,, • G :!•;a ae:.� a -r ie the ultimate in prefrn,zred steel structure coatings, • Prmed f`3,'nE; re3 !.'to be painted 4 Shot blast, cold formed hot rcl'ed steel Zir1c rich pri-ner, (2-3 mills thick:) 5pec�fi :; Prcci�ct s�ecif�::aticn:; 3c to vvoevv.americang.cor,; 4 A-iti-graffiti polyurethane -based powder coating (3-6 mills thick) ROY"" shade a �� 5+tcfler Sims t^:4�: Ameri Southern Park. and Play Systems lnc, a na 761 S. APOLLO BLVD. Building Products- MELBOURNE: FL 32901-1457 (321) 729-9700 FAX (321) 729-8357 1-800-247-1545 SPECIFICATIONS APACHE DESCRIPTION: For minimum maintenance and long 'life in any climate; .apache hexagon park shelters are designed and constrLcted with an all steel s'_ructuie. ?refabricatior_- allows fast, easy erection over a concrete slat,. ROOF: (standard) Roll formed structural roof panels: 24" wide, W-shaped 2 ' deep ribs on 8" centers, watertight snap -lock connection available in high strength embossed 10511154 aluminum or optional Galva] un, eg steel ASTM A792 Grade 50. (optional) Wcod. Tongue and groove decking will be Souther: Yellow Pine or Western Red Cedar #1 Grade or better, Min dried. 2" x G' nominal dimension 5 3/8"x I %2" actual finished dimension with 14132" tongue and groov. f o bee covered with standard roofing materials. Facia is the same as the decking. (optional) 8"flush panel, 2 518" deep interlocking watertight connection. smooth finish, 3105 H154 aluminum. (optional) 3"structural insulated panel, .030 x 3105-1.114125 stucco embossed aluminum top and bottom or oriented strand board top for application of standard roofing materials and aluminum bottom bonded to a oriented 14 density expanded polystyrene is 1.1966 lb per square foot, Drip edge facia tr-'m made from 6063-t6 alum nae_: extrxsion 4" I -I. (optional) round lattice is 2.975" outside diameter extruded aluminum tube .055" thick normally spaced 6" apari_ FACIA, (standard except for wood roti and lattice_) Aluminum allot' 5063 T5 or 6105 '15 extruded gutter, trier. facia, aad -idg, cap is include j. FASTENERS: (standard) h8-18 x i-0" 42 Tek 410SS aj) j X12 x %4" 43 Tek zinc Mated Hex washer head screws are irtcluded or fastening fascia and rcoy panels. FIPIISH: (standard) Steel strtmeturc will be cleaned after all welding and fabrication is collie feted by shot blasting to white metal, sprayed with an alkaline cieaner,'phosphatizer, rinsed wit!' ambient water, and a final rinse with a chemical sealer. Anti -graffiti firish is a polyuretnanc-ba_od powder coatirg 3-6 mils thick that is cured at 400''F until fused iiato a smooth coating, The surface is made outstandinc by the follov ing qualities: Ease to clean, highly res' to weather and corrosion. 5mcoth flow, powder coat finish, glossy surface. This permanent protection system has been designed to withstand numerous clean-ups and i,s appearance will be virtually unaltered, evvi af�er repeated clean-ups, though a slight reduction ir. the degree of gloss is possible. Inscriptions applijyd with riarring peas will disappear completely. i a-_._. 2::.. ^F'iv: .'ler c0'.. 5 3 _�R * a,' ,_ (Option for corrosive atmospheres) The above anti -graffiti finish applied over zinc rich primer -2-3 mils thiel~.. The zinc rich primer will allow structure to withstand up to bad enviromr.ents -without rusting problems. This premium finish has proven to be virtually rust free after IC Ws of hours in a salt fog chamber. Tlie zinc primer stops rust from spreading under the finish when scratches or dings occur. (Option for areas of extreme corrosive atmosphere) .Hot dip galvanizing. The steal structure is hop gip galvanized according to ASTM A 123 -Zinc Coatings on Iron and Steell Products. Fabricated components are completely inirnersed in a bath of 98% pure molten zinc at approximately ':ong enough to reach bath temperature. Standard powder coating is .`hen applied. STRUCTURE: Steel conilorms to ASTM AMM or equivalent specifications. h2= Standard: 125" thick, 6" square steel posts. Standard post is designed for surface mounting. Optional: in -ground *naumt is available. Fasteners: Steel Y7,"xl 1/4" or'1z"x4 /2" bolts are supplied for all shelters. Bolts, nuts and washers are hot dipped -galvanized and conform to ASTM A325, OPTIONS: Cupolas and double tier i:se the samc ri;ateriai. INSTRUCTIONS: Complete detailed installation instruclions and assembly drawings are supplied .x?ith each shelter. SHIPPING & IMSTALLATION: Shelters are pre -drilled for easy installation. The structural frarne is fully fabricated to eliminate the need for drilling, cutting, or welding on site. ne structure is placed on a wood skid and secured and protected b,, shririk wrapping. Panels and trim are packaged to prevent darnage. Pt,l wr ( t s"oe AO Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Considerations Item 13 No. The Beautification Board reviewed the 30% design and submitted their comments, which is recommended to AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RIDGEWOOD AVENUE BEAUTIFICATION PROJECT - FINAL CONSTRUCTION DOCUMENTS PHASE IN THE AMOUNT OF $46,175 DEPT/DIVISION: PUBLIC WORKS/STREETS/BEAUTIFICATION Requested Action: City Council consider approval of the inial construction documents phase of the Ridgewood Avenue Beautification Project in the amount of $46,175, as recommended by the public works director. Summary Explanation & Background: Earlier on this agenda, City Council was presented with 30% design of this project. If accepted, the next task is the final construction documents phase. The Beautification Board reviewed the 30% design and submitted their comments, which is recommended to be incorporated in the final design. I recommend approval. Exhibits Attached: Public works director's memo; Beautification Board memo; Green Blades Contract City Manager's Office Department PUBLIC WORKS/STREETS/BEAUTIFICATION cape kim\mydo me admin\counci g\2006\12-05-06\greenblades.com MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 20, 2006 SUBJECT: City Council Agenda Item for December 5th, 2006 Ridgewood Avenue Beautification Design Proposal Green Blades of Central Florida, Inc. is located in Summerfield, Florida. The Firm has the necessary resources to provide the City of Cape Canaveral continuous professional services. In addition, the firm has teamed with the Landscape Architect firm of Brad Smith & Associates. On December 6, 2005 City Council approved a contract agreement for Continuing Landscaping and Maintenance Services As part of the City of Cape Canaveral's Goals and Objectives, it is the City's desire to improve the beautification of Ridgewood Avenue within the City Limits. On February 7, 2006 Green Blades of Central Florida and Brad Smith & Associates presented a workshop presentation to City Council. As the result of the workshop meeting, Green Blades of Central Florida provided a proposal for professional services for the beautification of Ridgewood Avenue. In summary, the proposal is divided in the following three phases: the Planning Phase, the Conceptual Design Phase and the Graphic Phase. All three phases will include public meetings. On August 15, 2006 Brad Smith presented to the City Council the final Conceptual Phase of the Project. . Attached is a proposal from Green Blades of Central Florida for additional services for the following four (4) Tasks of the project: Task 1 - The Project Planning Phase Task 2 - The 30% Design Phase Task 3 - Final Construction Documents Phase Task 4 - The Construction Phase On September 5th 2006 City Council approved Task 1 and Task 2. The Beautification Board has review the 30% plans and made their commends known. Recommend approval of Task 3 for Professional Services from Green Blades of Central Florida for the Beautification of Ridgewood Avenue in the amount of $46,175. MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 15, 2006 RE: Ridgewood Ave Beautification Board Comments At the Beautification Board meeting last night, the Ridgewood Avenue Streetscape Project was reviewed and commended by the Board Members and the public. The following are the comments and concerns of the Beautification Board: 1. Delete the use of the Ligustrum Tree. 2. Utilize more colorful landscaping. 3. Utilize more native species. 4. Would like to see items such as Yaupon Holly, Geiger Tree (Cordia Sebestena) and other items to give more Pizzazz to the streetscape. 5. Insure all plant material is salt and cold tolerant for the costal area. 6. Insure that street light fixture is Turtle Friendly and the fixture's material is not corrosive. In addition, the Beautification Board would like to see a Clock Tower as part of the new City Hall Complex. AGREEMENT FOR PROFESSIONAL SERVICES Between GreenBlades of Central Florida, Inc. 11025 S. E. Hwy. 42 Summerfield, Florida 34419 (hereinafter referred to as CONTRACTOR) And The City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920-0326 (hereinafter referred to as CITY) 21 August 2006 PROJECT NAME AND LOCATION: Construction Documents Ridgewood Ave. Beautification Project (from Johnson Ave. to Chandler St.) Cape Canaveral, Florida SCOPE OF BASIC SERVICES: PROJECT PLANNING PHASE: Task 1 Coordinate with Stottler Stagg and Associates, Inc. (SSA), working under separate Agreement with the City of Cape Canaveral (CITY), regarding survey requirements, civil engineering considerations, and other such project matters. Address potential deviations from the approved preliminary design study, which may be required due to the results of the survey information collected. Attend project kick-off meeting with CITY staff, Brad Smith Associates, Inc., and SSA. 30% DESIGN PHASE: Task 2 On the basis of the approved preliminary design study prepared under separate agreement, and any deviations discovered to be required due to surrey data (and approved by CITY staff), prepare preliminary (30%) construction documents, using specific site survey data provided by SSA. Compile a preliminary opinion of probable construction costs based on the 30% design. Agreement - t FINAL CONSTRUCTION DOCUMENTS PHASE: Task 3 On the basis of the approved 30% design drawings, prepare final construction drawings, incorporating review comments received from the CITY at the 30% design review: 1. Final landscape drawings shall include plant schedule with botanical and common names and plant size specifications. 2. Irrigation design shall be prepared to provide 100% automatic coverage to all landscaped areas, taking into account the proposed plant material watering requirements, and soil conditions. 3. Technical Specifications (Division 2) for landscape and irrigation work shall be prepared and placed in drawing format. 4. Final hardscape drawings shall depict decorative paving patterns and materials, the architectural appearance scheme of the wall and entry features and shall indicate grading relative to a fixed point of reference such as top of curb, layout and dimensioning. 5. Site furnishings drawings shall indicate proposed site furnishings by type and location. 6. Site lighting drawings shall indicate proposed site lighting fixture locations and types. Electrical engineering will be by SSA under separate agreement with the CITY. Compile a preliminary opinion of probable construction costs based on the final construction documents. CONSTRUCTION PHASE: Task 4 The CITY recognizes that construction review is a vital element of a Landscape Architect's complete service, provided to minimize problems during construction. Should the CITY for any reason not retain the Landscape Architect (Brad Smith Associates, Inc.) to review construction, the CITY waives any claim against the CONTRACTOR and the Landscape Architect, and agrees to indemnify, defend and hold the CONTRACTOR and the Landscape Architect harmless from any claim or liability for injury or loss arising from problems during construction that allegedly result from findings, conclusions, recommendations, plans or specifications developed by the Landscape Architect. Upon authorization by the CITY, provide any or all of the optional hourly services listed below: Installation observation by the Landscape Architect on an intermittent basis not to exceed a total of eight (8) site visits as requested by CITY to observe work progress and to determine if the construction is proceeding in general accordance with the contract documents. Agreement - 2 Review and approve: A. Shop drawings and samples. B. Results of tests and inspections. C. Other data which the contractor or subcontractors are required to submit. Prepare field reports for each site visit. Project close out shall begin upon notice from the CONTRACTOR that his work, which is believed to be acceptable to the CITY, is substantially complete and in general accordance with the contract documents. At this point in time, the Landscape Architect shall conduct a walk-through with the CONTRACTOR AND CITY's representative to verify that the work conforms to the contract documents, and to establish a 'punch list" of items to be completed or corrected. Upon notice by the CONTRACTOR that the "punch list" has been completed, and that the work is ready for final inspection and acceptance, the Landscape Architect shall conduct a walk-through to verify "punch list" completion for final acceptance of the work by the CITY. Visits for the purpose of project close out as described above, are included in the eight (8) site visits indicated above. MEETINGS: The following are the meetings included in this scope of services and required to support the program: 1. Meeting #1: Project "kick-off' meeting with CITY to review project direction and any required deviations due to survey findings. Project schedule shall also be discussed during this meeting. 2. Meeting #2: Project coordination meeting with, City Manager, Public Works Director and Brad Smith Associates, Inc. in preparation for the CITY Council meeting. 3. Meeting #3: Presentation meeting to the City Council. 4. Meeting #4: Project coordination meeting with CITY Manager, Public Works Director and Brad Smith Associates to review the 30% Design Phase work. Comments will be received, and authorization will be provided for the CONTRACTOR to direct the landscape architect to proceed with the final construction documents (incorporating the CITY's review). 5. Meeting #5: Project coordination meeting with City Manager, Public Works Director and Brad Smith Associates to review the Final Construction Documents Phase work. It is anticipated that this number of meetings will be adequate for the project; however, if additional meetings are required, the cost will be considered as additional services to be billed on an hourly basis. Agreement - 3 FEE ARRANGEMENT: The CITY agrees to pay the CONTRACTOR for professional services as follows: A lump sum of Ninety Five Thousand Forty Five Dollars ($95,045.00), payable as follows: Task 1 - Planning Phase (Meetings 1,2,3) .........................................$11,935.00 Task 2 - 30% Design Phase (Meeting 4) ............................................$25,935.00 Task 3 - Final Construction Documents Phase (Meeting 5) ...............$46,175.00 Task 4 - Construction Phase...................................................................$9,900.00 Reimbursable Expenses (allowance)...................................................... $1,100.00 Total Fixed Fee Amount $95,045.00 Invoices for the Contractor's services shall be submitted on a monthly basis for percentage of completion. SPECIFIC ASSUMPTIONS: CONTRACTOR represents to the CITY that in developing this Scope of Work, assumptions have been made, and that deviation from assumptions identified within this proposal may require additional expenditures on behalf of the CITY to the CONTRACTOR. Assumptions not already mentioned herein are as follows: 1. Survey information will be provided by SSA. 2. SSA will be responsible for all project engineering matters, including preparation of opinions of probable construction costs for paving, grading, drainage and utilities. 3. CITY and SSA will each appoint a project manager to serve as their representative, providing a single point of contact for all CONTRACTOR communications, and fully authorized to provide the CONTRACTOR with approvals, review comments, and the like. ADDITIONAL SERVICES: Additional services may include, but not be limited to the following items: 1. Making revisions in drawings, specifications, or other documents when such revisions are inconsistent with written approvals or instructions previously given, and are due to causes beyond the control of the CONTRACTOR. 2. Changes in design concept and/or budget subsequent to receiving approvals at the 30% Design Phase. Agreement - 4 Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Considerations Item 14 No. extend the project two blocks north of Chandler Street to Central Blvd. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RIDGEWOOD AVENUE BEAUTIFICATION PROJECT - CHANGE ORDERS 1-3, TOTALING $15,677.50 DEPT/DIVISION: PUBLIC WORKS/STREETS/BEUTIFICATION Requested Action: City Council consider the approval of Change Orders 1-3 for the Ridgewood Avenue Beautification Project with Green Blades of Central Florida, Inc. in the amount of $15,677.50, as recommended by the public works director. Summary Explanation & Background: As requested by City Council, Change Order No. 1 will incorporate the 1/2 block of Johnson Avenue and extend the project two blocks north of Chandler Street to Central Blvd. *Change Order No. 1: $10,975 (does not include survey work) - Construction Documents: $8,327.00 - Bidding Phase: $625.00 - Construction Phase: $2,023.00 *Change Order No. 2: Provides an aerial photo exhibit of project area - $2,777.50 *Change Order No. 3: Provides exhibits for presentation purposes - $1,925.00 Funds will be appropriated from the Beautification Fund. I recommend approval. Exhibits Attached: Public works director's memo; Change Orders 1-3 City Manage !,s—Office . — , Department PUBLIC WORKS/STREETS/BEAUTIFICATION z, cape- m\m docu' is\admin\council\ ting\2006\12-05-06\co.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Dector DATE: November 14, 2006 SUBJECT: City Council Agenda Item for December 5th, 2006 Ridgewood Avenue Beautification Additional Design Task Green Blades of Central Florida, Inc. is located in Summerfield, Florida. The Firm has the necessary resources to provide the City of Cape Canaveral continuous professional services. In addition, the firm has teamed with the Landscape Architect firm of Brad Smith & Associates. On December 6, 2005 City Council approved a contract agreement for Continuing Landscaping and Maintenance Services As part of the City of Cape Canaveral's Goals and Objectives, it is the City's desire to improve the beautification of Ridgewood Avenue within the City Limits. On February 7, 2006 Green Blades of Central Florida and Brad Smith & Associates presented a workshop presentation to City Council. As the result of the workshop meeting, Green Blades of Central Florida provided a proposal for professional services for the beautification of Ridgewood Avenue. In summary, the proposal is divided in the following three phases: the Planning Phase, the Conceptual Design Phase and the Graphic Phase. All three phases will include public meetings. On August 15, 2006 Brad Smith presented to the City Council the final Conceptual Phase of the Project. Attached is a proposal from Green Blades of Central Florida for additional services for the following four (4) Tasks of the project: Task 1 - The Project Planning Phase Task 2 - The 30% Design Phase Task 3 - Final Construction Documents Phase Task 4 - The Construction Phase On September 51h, 2006 City Council approved Task 1 & 2. Staff has reviewed the draft 30% Design Phase and recommended the following addition work to be performed: 1. Extend the project limits 1/2 -block south to Johnson Ave and 2 -blocks north to Central Blvd. 2. Provide aerial photo exhibit of project area. 3. Provide exhibits depicting design conflicts of existing field conditions. Recommend approval for Professional Services from Green Blades of Central Florida for the Beautification of Ridgewood Avenue additional tasks as recommended by staff in the amount of $15,677.50. ADDITIONAL SERVICES AUTHORIZATION Client: City of Cape Canaveral Project: Ridgewood Avenue Beautification Project (ASA #1) Date Prepared: 24 Oct 06 Work described herein is outside of the scope of Basic Services provided under the Agreement for Professional Services for the Project. This Authorization shall constitute an amendment to the original Agreement. Standard Terms and Conditions apply. SCOPE OF ADDITIONAL SERVICES: Expand scope of the project's limits to include one-half block south of Johnson, and two blocks north of Chandler (to Central). The additional scope will include landscape, hardscape, lighting, and irrigation design. FEE ARRANGEMENT: A lump sum of Ten Thousand Nine Hundred Seventy -Five Dollars ($10,975.00) AUTHORIZED BY: Donald R. Soderblom Printed Name Business Development Title Date Approved, ADDITIONAL SERVICES AUTHORIZATION Client: City of Cape Canaveral Project: Ridgewood Avenue Beautification Project (ASA #2) Date Prepared: 24 Oct 06 Work described herein is outside of the scope of Basic Services provided under the Agreement for Professional Services for the Project. This Authorization shall constitute an amendment to the original Agreement. Standard Terms and Conditions apply. SCOPE OF ADDITIONAL SERVICES: Provide additional presentation board exhibits (30% design over aerial photo) that will indicate and reflect various conflicts that exist within the right-of-way i.e. private parking areas, private retaining walls, private screen walls, etc. The exhibits will be utilized by the City Manager when discussing these right-of-way conflicts with individual property owners. FEE ARRANGEMENT: A lump sum of Two Thousand Seven Hundred Seventy -Seven Dollars ($2,777.50) I r/ Donald R. Soderblom AUTHORIZED BY: Printed Name Business Development Title, Date Approved ADDITIONAL SERVICES AUTHORIZATION Client: City of Cape Canaveral Project: Ridgewood Avenue Beautification Project (ASA #3) Date Prepared: 24 Oct 06 Work described herein is outside of the scope of Basic Services provided under the Agreement for Professional Services for the Project. This Authorization shall constitute an amendment to the original Agreement. Standard Terms and Conditions apply. SCOPE OF ADDITIONAL SERVICES: Consolidate existing Conceptual Design exhibits that were utilized for the public meetings to indicate 30% design conditions and constraints i.e. intersection designs, traffic table designs, public's preferred plant material choices, etc. Provide aerial photo exhibit of the entire project area. These revised exhibits will be used by the Director of Public Works as presentation exhibits to the city's Beautification Board. FEE ARRANGEMENT: A lump sum of One Thousand Nine Hundred Twenty -Five Dollars ($1,925.00) O D BY: AUTHORIZED BY: Donald R. Soderblom Printed Name Business Development Title Date Approved Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Considerations Item 15 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FROM UCF-INSTITUTE FOR SOCIAL AND BEHAVIORAL SCIENCES, DEPARTMENT OF SOCIOLOGY TO CONDUCT A BUSINESS SURVEY DEPT/DIVISION: BUSINESS & CULTURAL DEVELOPMENT BOARD Requested Action: City Council consider the proposal from the University of Central Florida, Institute for Social and Behavioral Sciences Department of Sociology to conduct a business survey in the amount not to exceed $8,000 as recommended by the Business & Cultural Development Board. Summary Explanation & Background: See attached recommendation and proposal. This is a budgeted item. I recommend approval. Exhibits Attached: Recommendation/Proposal City Ma ffice Department B&CDB Cape-nt\kim\mydocuments\admin\council\meeting\2006\12-05-06\ucf.doc City of Cape Canaveral Memo Bennett Boucher, City Manager Susan Stills, City Clerk From: Ed Lawson, Secretary, Business and Cultural Development Board Date: 11/16/2006 Re: Request for Acceptance of Survey Proposal The Business and Cultural Development Board, at their regular meeting held on Wednesday, November 151', 2006 met with Dr. James Wright of the University of Central Florida's Institute of Social and Behavioral Sciences Department. The purpose of this meeting was to discuss the possibility of Dr. Wright conducting a survey of the Businesses located in the City of Cape Canaveral. After discussing the possible survey with Dr. Wright the board unanimously approved to recommend that the City of Cape Canaveral enter and finalize a negotiated contract with UCF's Institute of Government and UCF's Institute of Social and Behavioral Sciences (ISBS) for the purpose of developing and conducting a telephone and web survey of City business owners at a cost not to exceed the $8,000.00 that was approved in the FY06/07 budget. Respectfully, i_ Ed Lawson Secretary, Business and Cultural Development Board 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 * www.myflodda.com/cape 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: ccapecanaveral@cfl.rr.com �x • f J -mvers of Central Florida Institute for Social and Behavioral Sciences Department of Sociology 407-823-5083 Memorandum To: Ed Lawson, City of Cape Canaveral From: Jim Wright, Director, ISBS Date: November 28, 2006 Re: Cape Canaveral Business Survey It was a pleasure chatting last week with you and the Economic and Cultural Development Board about a possible survey of Cape Canaveral businesses concerning their views about the Cape Canaveral business environment and things the City might do to improve it. As discussed, a telephone survey is the only practical method of obtaining scientifically valid data within a reasonable time frame. Phone surveys provide wide coverage, are statistical generalizable, and offer rapid turnaround. ISBS operates an eight -station Computer -Assisted Telephone Interviewing (CATI) lab and we would be pleased to undertake this survey project for the City of Cape Canaveral. We have experience using telephone methods to interview businesses in the Central Florida region. You will recall that interviewers spend far more time dialing numbers and seeking eligible and willing respondents than they spend actually interviewing people, whether general residents or business owners. In our experience, this is even more problematic for businesses than for general residents. So even for a short 5 -minute interview of the sort that was discussed, we need to figure on not more than one or one and a half completed interviews per hour of calling time. Our rule of thumb is that it takes about one minute to assure that we are talking to an eligible respondent and to establish rapport and that we can ask about four or five questions per minute thereafter. So a five-minute interview would give you and your Board 20-25 questions to work with, including any questions you wanted to ask about the size of the business, the length of time in Cape Canaveral, their expansion plans, etc. Open-ended questions take much more time to ask, record, and process than close -ended questions, so stick to as many close -ended questions as you can. Our experience surveying businesses is also that you absolutely must offer a multiplicity of survey modes: a phone survey that can be done on the spot, a mail survey for those who request it, and an Internet option for those with Internet preferences. The requisite multiple modes add somewhat to the development costs. The final principal determinant of survey costs is the sample size. With fewer than a thousand eligible businesses, a reasonable sample might 200-250 total interviews. In some cases, we have done as few as 75. I will assume n = 200 for current budgeting purposes. We make business calls from 9:0o in the morning until 6:0o in the evening, all day on Saturday (9:0o AM to 9:0o PM), and after church on Sundays (noon to 9:00). Our experience is that these are the most cost-efficient shifts. We will need at least a couple of weeks to complete 200 surveys, two weeks before data collection begins to do the design work, load the survey onto our CATI software, and get clearance from the UCF Institutional Review Board, and two or three weeks after data collection ends to do the analysis and prepare a report. My colleagues and I will work closely with you and other city representatives to develop and finalize the study contents and the questionnaire. We will also assume responsibility for preparing a statistical analysis of the data and writing a technical report. You can contract for these services directly with us, since the UCF Institute of Government is not directly involved. Herewith, a rough -out of the survey costs (tentative budget) based on the above assumptions. Once you have had the chance to look this over and share it with your colleagues, please be in touch. We are grateful for the opportunity to work with the City of Cape Canaveral on this project. W Tentative Budget • ISBS professional services: sampling design, questionnaire design, C3 (CATI) coding, training, data analysis, and preparation of reports (6 days @ $500/day) • Data collection: one interview/hour x 200 total interviews @ $11 /hour • Survey supervision: .5 months @ $2,000/month • Fringe benefits on personnel @10% • Phone charges: $500/month x .5 months • Mileage to and from Cape Canaveral • Total direct costs • ISBS indirect cost recovery @15% • Total costs 3 $3,000 2,200 1,000 620 250 200 $7,270 1,091 $8,361 Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Considerations Item 16 No. living increase. The year over year revenue increased 6.19%; therefore, there will not be a rate increase for AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: ANNUAL EVALUATION OF WASTE MANAGEMENT DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council, pursuant to the franchise agreement with Waste Management, Inc., is to evaluate annually the solid waste services provided under said franchise agreement. Summary Explanation & Background: The City Manager's office prepared the attached evaluation report. Additionally, the franchise agreement states that if revenue growth is over 5%, there will not be .a cost of living increase. The year over year revenue increased 6.19%; therefore, there will not be a rate increase for this contract year. Please advise. Exhibits Attached: Annual evaluation and revenue analysis City MaOffice Department ADMINISTRATION/CITY MANAGER'S OFFICE ca-nt\kim\myd cume admin\cou ting\2006\12-05-06\wmeval.doc Met -11m To: BENNETT BOUCHER, CITY MANAGER From: KIM M. MC INTIRE, EXECUTIVE ASSISTANT & ED LAWSON, ADMINISTRATIVE ASSISTANT Date: November 27, 2006 Re: WASTE MANAGEMENT ANNUAL EVALUATION Following are our comments per Section 9.0, Level of Service; Customer Complaints; Annual Evaluation by City. CONTRACTOR'S PERFORMANCE IN RESOLVING CITIZEN COMPLAINTS IN A PROFESSIONAL AND EXPEDIENT MANNER. Acceptable CONTRACTOR'S RESPONSIVENESS TO DIRECTION GIVEN BY THE AUTHORIZED REPRESENTATIVE Acceptable NUMBER OF TIMES THE CONTRACTOR HAD TO PAY LIQUIDATED DAMAGES PURSUANT TO PARAGRAPH 25.0 OF CONTRACT The contractor was noted on September 5, 2006 that the City was entitled to liquidated damages in the amount of $470.00. CONTRACTOR'S PARTICIPATION IN COMMUNITY MEETINGS SPONSORED BY CITY AND CONTRACTOR'S PERFORMANCE IN RESOLVING THE COMPLAINTS RECEIVED AT THOSE MEETINGS IN A PROFESSIONAL AND EXPEDIENT MANNER Good CONTRACTOR'S FINANCIAL VIABILITY TO CONTINUE PERFORMING THE COLLECTION AND DISPOSAL SERVICES AS REQUIRED BY THIS AGREEMENT N/O ADDITIONAL NOTES: The Contractor averaged 39 documented concerns per quarter (garbage, recycle, YM and general/dumpster complaints). Upon implementation of the automated cart system, concerns were addressed via e-mail rather than E -Better Place in order to expedite said concerns. The implementation of the automated cart system on May 1, 2006 resulted in a substantial increase in complaints received by the City Manager's Office. Staff had to conduct many residential "drive-arounds" to ensure that Contractor was providing adequate and consistent service and following through on missed service. The increase in complaints was attributed to the following issues: Contractor's operations manager and cart coordinator was reassigned to Palm Beach simultaneously, resulting in a breakdown of communication, Contractor failed to comply with their educational material (two (2) carts per address). Contractor delivered one (1) cart to town homes; thereby, causing confusion for the residents and the City, Customer "how to use" information should have been affixed to the carts prior to delivery, Contractor failed to order enough 64 -gallon carts and, subsequently, ran out of inventory. City has been advised that smaller carts will not be available until after January, 2007. The new system has been a learning curve for the residents of the City; change is always difficult. It has taken almost seven months of public education (new pick-up schedule for garbage and bulk items; proper preparation of Y/W; bringing carts back from curbside) which has resulted in a substantial reduction of complaints received by the City Manager's Office. The issue of hydraulic fluid being leaked from the dumpster trucks and subsequent clean-up at condominiums continues to be an ongoing problem. Contractor and City will continue to work together to resolve this issue. Streets Supervisor Kay McKee reports that there is a pattern on non -collection of the City's beach -end barrels. Contractor has been notified and will verify collection each Monday and Thursday. Respectfully submitted, Kim M. McIntire and Ed Lawson • Page 2 9.0 Level of Service: Customer Complaints, Annual Evaluation By City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality and efficient level of collection and disposal services to all customers. To insure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving the complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services as required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, all failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, or in writing by mail or facsimile. When received, whether directly from the Customer or forwarded from the Authorized Representative, the Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) Solid Waste Agreement City of Cape Canaveral / Waste Management of Florida, Inc. 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AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CHANGE ORDER REQUEST FOR THE PRELIMINARY DESIGN OF THE BUCHANAN/ORANGE AVENUES DRAINAGE PROJECT DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the proposed change order for the preliminary design of the Buchanan/Orange Avenues drainage project by Stottler, Stagg & Associates in the amount of $8,500 as recommended by the stormwater administrator. Summary Explanation & Background: This proposal will add (1) new inlet boxes at the Orange and Lincoln avenues intersections and (2) a larger storm drain line. The original cost estimate for this project was $257,600. The change in design will increase the overall cost of this project. Exhibits Attached: Stormwater administrator's memo; SSA's Proposal City Ma 's Office. Department PUBLIC WORKS/STORMWATER -nt\k' \ ocuments\admin\co cil\meeting\2006\12-05-06\changeorder.doc To: Bennett Boucher — City Manager Thrum Ed Gardulsld — Public Works Director 44 From: Jeff Ratliff— Stormwater Administrator Date: November 16, 2006 Re: Agenda Item for December 5, 2006 Funds for Stotler Stagg & Associates Engineering Fees — Buchanan/Orange Avenues Drainage Project The purpose of the Buchanan/Orange Avenues Drainage Project is to lessen flooding in the Center Street Drainage Basin -- particularly at the intersection of Orange and Lincoln Avenues. Due to the two - grant funding for the project, Staff has divided this drainage project into two phases. Phase 1 of the Buchanan/Orange Avenues project entails the design and construction of the drainage box to be installed at the intersection of Buchanan and Orange Avenues. On March 15, 2005, City Council approved the engineering services from Stottler Stagg & Associates (SSA) for Tasks 1 and 3 in the amount of $14,076. The initial engineering services including the following: field surveys, hydraulic evaluations, and preliminary design drawings. The Public Works Department is requesting approval of Task 4 funds in the amount of $7,924.00 for the completion of engineering services by SSA for the Buchanan/Orange Avenues Drainage Project. The City has received a Community Development Block Grant (CDBG - $100,000) through Brevard County to complete Phase 1 of the project. Phase 2 of this drainage project is the result of a hydraulic study performed by SSA during the evaluation of Phase 1. As a result of the study, SSA has determined that the storm drainpipe and inlets at the intersection of Lincoln Avenue are undersized. Therefore, it is recommended that the piping and inlets be upsized to prevent the flooding of the intersection. SSA has requested an additional $576 for the required engineering drawings for Phase 2. This additional work is recommended by Staff to include the following: additional surveying, revising stonnwater calculations, inclusion of improvements to underground piping, and inclusion of new drain inlets. The total fee for engineering services from SSA is in the amount of $8,500 ($7,924+$576) for Phases 1 and 2. The fimding request is part of the original cost proposal submitted by SSA (copy attached) for the project in February 2005, and is required to develop engineering and construction drawings for bidding purposes by Brevard County. The approval of this project is imperative in meeting the FEMA Hazard Mitigation Grant Program and CDBG requirements. The estimated construction costs for the project are approximately $267,000. Recommend approval of engineering services from SSA in the amount of $8,5W for Task 4 - engineering and construction drawings for the Buchanan/Orange Avenue Drainage Project. 0 Page 1 August 25, 2006 Jeff Ratliff Stormwater Utility Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Orange/Buchanan Storm Drain Box SSA Job No. 05-0021 Dear Jeff: In response to our recent discussions and your request, SSA is now adding new storm inlet boxes at the Orange and Lincoln intersection and running a larger storm drain line to the previous design of the Orange/Buchanan intersection box. We are picking up some additional survey along Orange Avenue between Buchanan and Lincoln Avenue, running some preliminary drainage calculations on the proposed storm drain line (may be in the 30" range), enlarging the boxes at Lincoln, and modifying the existing plans to accept the new additions. This added improvement will significantly reduce the flooding within the area. We are estimating the completion of this work in late September 2006 and we have attached a Notification of Additional Services for our contract purposes. We will keep you informed on this work on a regular basis and if you have any questions please call. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. �f �r John A. Pekar, PE City Engineer Attachment: Notification of Additional Services STOTFLER STAGG & ASSOCIATES ARCHITECT'S ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P.M-0021Mrrin\I-additional semce.doc P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 11c. #AAC000329 #EB0000762 #LB0006700 Notification of Additional Services Date: August 25, 2006 SSA Project No.: 05-0021 Project Name: Orange / Buchanan Client: City of Cape Canaveral — Stormwater Requested By: Jeff Radcliff Requested Service: Extension of drainage improvements to Orange / Buchanan intersection improvements. SSA work to include design of Orange / Lincoln intersection storm drains, upsize (and replacement) of storm drain line between Lincoln and Buchanan, and modify existing designs for new system. Designs include field surveys, design calculations, and additional construction drawings to be added to original construction package. Requested Service Taken By: John Pekar SSA Method of Billing Additional Services: Lump Sum to be added to existing contract. SSA Fee is $8,500. Client Telephone No.: 321-868-1240 Client Fax No.: 321-868-1233 Additional services can only be processed with your signed approval below. APPROVED BY: m U m N rn U CO y C C N W 3 Co N 0 E i 0 m U d U 0) (DU) OE Q 0.2 L a) m CD Q U m C\1 U) E C i Y O w rp v C0 O O z co c 3 va 0 0 z C O +p co L 0) C O U m CL 'a E m N a cn L m a> cn E L O +W cn V N a O L CL �J N �X W r- 6 O d L Q L LL C QD ^^Q LL 7Z-) L U cd 3 g. 0 cn c � o_ C C :_• N O W N O CL 2 a N rn U CO y C C N W 3 Co N 0 E i 0 m U d U 0) (DU) OE Q 0.2 L a) m CD Q U m C\1 U) E C i Y O w rp v C0 O O z co c 3 va 0 0 z C O +p co L 0) C O U m CL 'a E m N a cn L m a> cn E L O +W cn V N a O L CL �J N �X W r- 6 O d L Q L LL February 21, 2005 SQ 10 A Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Major Storm Drain Box at Buchanan Ave, Cape Canaveral, FL Dear Ed: Per your request, Stottler Stagg & Associates, Architects Engineers Planners, Inc. (SSA) is pleased to present our fee proposal for design of major storm drain junction box at Buchanan Avenue. As discussed, this intersection of Orange Avenue and Buchanan Avenue has an existing manhole with a hydraulic problem. Storrnwater flows coming to the south along Orange Avenue meet in the manhole and conflict with flows going north from Lincoln Avenue. The result is a higher stormwater stage in the smaller storm drain back to Lincoln, with inlet boxes flooding the street and into residential yards. A larger storm drain box is needed that better separates the conflicting storm flows, reduces turbulence, and lowers the hydraulic gradient in the line going back to Lincoln. SSA's specific scope of work is as follows: #h SSA SCOPE OF WORK Task 1 — Field Surveys: SSA will obtain topographic elevations of the Orange/Buchanan Avenue intersection and also obtain existing inverts of the local storm culverts and inlet boxes. First floor slabs of impacted properties near Lincoln Avenue will also be obtained. Task 2 — Soils Investigation (By Others): SSA will coordinate two soil borings by a testing laboratory to evaluate design criteria for the major junction box.. Bearing soil values, pavement designs, water tables, etc., will be obtained from the soil investigations. The cost for this testing program will be forwarded directly to the City. Task 3 — Hydraulic Evivation: SSA will perform a hydraulic evaluation of the existing box for the existing condition and then model the proposed junction box Preliminary designs will be reviewed with City staff with preliminary cost estimates being prepared. The proposed design will impact the existing roadway intersection and, as such, an initial maintenance of traffic (MOT) plan will also be considered. Task 4 —Construction Designs: SSA will prepare construction designs for the major junction box. As this is a "maintenance type' project no regulatory permits are anticipated and this will be discussed with the SJRWMD following the hydraulic evaluation. If permit applications are required this will be considered an additional service. Five sets of plans will be given to the City with this design. Task 5 -- Construction Support: As an additional task SSA can furnish construction support as follows: • Prepare for and attend contractor pre-bid meeting • Prepare for and attend contractor pre -construction meeting • Review shop drawings • Perform site inspections • Finalize project (including punch lists if needed) • Final certification A separate SSA proposal will be issued for this task if requested by the City. 5rOMER STAGG & _';SOCIATE,; ARCHITECTS ENGIN-EERS PLANNERS, INC. 65 8CA) Nath Ataritic Avenue K O. Box 1830 Cat,' C:aravers4. Florida 32921 Tel 321-7837320 Fox all 783 7!k lac. tAf1OY11329 tEDY")?62 #UV10067M Ed Gardulski February 21, 2005 Page 2 SSA Bee Ptopasal — !)ralnage Boxet Buchanan Avenue SCHEDULES AND FIwES Scheduies: Upon receipt of a City Purchase Order SSA will start work immediately. Approximately twenty (20) working days are required for Tasks 1 and 2. Upon receipt of this data final schedules will be prepared by SSA to complete the design package. Fees: SSA's fees for the above listed tasks (Items 1, 3 and_4 above), will be a lump sum fee of $22,040. Print costs for five (a) sets of drawings have been included in the lump sum fee. SSA's fees w{ll be invoiced based on a percentage of work being completed each month and payment will be due within thirty (30) days of receipt. 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 ordinances, regulations, procodures, etc. shall be jusfifioattion for re -negotiation for the compensation due to the Consultant for the work involved. li is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professions{ 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 coiled our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. 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 February 22, 2005. Acceptance after this date may necessitate increased fees or altered conditions. Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy and a City Purchase Order. Thank you. Sincerely, 5tottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP:jis cc: Kim Kelly ACCEPTANCE* BY: TITLE: DATE: 69 HI H t m m 0 _T U 0 T U i5 v m N �O C,5' C NCV 4A- FA - Q p O O y 10 O p Z t0 � O d) O N O> O F n 3 ao r N h H H H H O O C D O_ pNOy) O N0rO O NO O NOOH 00 0oH rO H H H HO L T O NN 3C>0 0 O1C>0 A o CDCt c 60 V H 69 H y H E9 N 7 N 0 0 0 0 o m 0O m Z 1O r V% 69 H E9 H H H H H V C • Ni Cl N O O O O N m O O O O O O m m l0 O O O O O Q m m y y to H N til N H y NH O O O OO O m UJ c0 W 66 O C r r N m U 10 bq y 69 H 69 y H H O 0 00 00 O 0 m m ao 00 aD V T l O! N O N � C H H H H H H 6H H C1 m p O O O O O O O m �M c+0i o'f to to v m A m � r� of N H EA H 69 0% H H m O O O J F F H 0 0 O_ 0 cc co W c Z) Q E U) H O co a' lL Q C CL m o w W mo W V7 q C o O U � N m b 5 b y U O > 0 Q D (0 N W c .o m- H ` -� 22 H `o = : y o h o a U m O h cg' O = vi p V O U O V O O F � Y H Y G 69 HI H t m m 0 _T U 0 T U i5 v m N �O C,5' C NCV 4A- FA - Meeting Type: Regular Meeting Date: 12-05-06 AGENDA Heading Considerations Item 18 No. as the Comprehensive Plan is reviewed and updated in the coming year. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL TO UPDATE THE REDEVELOPMENT PLAN BY MILLER LEGG IN THE AMOUNT OF $6,935 DEPT/DIVISION: BUSINESS & CULTURAL DEVELOPMENT BOARD Requested Action: City Council consider the proposal from Miller Legg to update the City's Redevelopment Plan in the amount of $6,935. Summary Explanation & Background: For the past few months, the Business & Cultural Development Board has been reviewing the existing 1999 Redevelopment Plan so it can be updated and submitted to the City Council and the Planning & Zoning Board as the Comprehensive Plan is reviewed and updated in the coming year. An appropriation from the general fund is needed to fund this task. I recommend approval. Exhibits Attached: Miller Legg's Proposal City Manas Office i gW Department BUSINESS & CULTURAL DEVELOPMENT BOARD -nt\kim\ dos\admin\council\meeting\2006\12-05-06\redevplan.doc MILLER���EGG November 29, 2006 Mr. Bennett Boucher City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 Re: City of Cape Canaveral General Planning Services (the "Project") Additional Services No. 2 Redevelopment Plan Update Dear Mr. Boucher: Miller Legg is grateful for the opportunity to provide a quote to update the "1999 Cape Canaveral Redevelopment Plan". The plan has two (2) sections, a current conditions section and Goals, Objectives and Policies section. We will update those sections based upon the guidance we received from the Business and Cultural Development Board (BCDB). The Project would be billed at our standard hourly rate ($95.00) with an estimated range of between 24 and 48 hours to complete the update. We would anticipate two (2) meetings with the BCDB to discuss the plan. The first meeting would be to make comments, recommendation and prioritize elements of the plan. The second meeting would be to discuss final comments and recommendations to forward to the City Council for adoption. The meetings are estimated to be between 6 and 10 hours total. The revisions from these meetings are estimated to take 4 to 15 hours, depending on what the revisions are. If there are additional meetings, they would be billed at the hourly rate of $95.00. Update Document/GOP 24-48 hours @ $95.00 = $ 4,560.00 Two Revisions 4-15 hours @ $95.00 = $ 1,425.00 Two Meetings 6-10 hours @ $95.00 = 950.00 Total $ 6,935.00 This is a not to exceed (NTE) amount, unless there are more than two (2) meetings required and/or if the scope of work required by the City differs from that described above.. Should you have any questions, please do not hesitate to contact me at (407) 629-8880, Ext. 128 or tpeetzAmillerlegg.com. We look forward to continuing our relationship on this Project, and I anticipate speaking with you soon. Very truly yours, r' Todd Peetz Project Manager TP/mch/Principal Attachment(s) V:\Projects\2004\04-00170 General Planning Svcs\Add Services\AS2 Agreement.doc IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. Central Florida Office: 631 S Orlando Avenue • Suite 200 • Winter Park, Florida • 32789-7122 (407) 629-8880 • Fax: (407) 629-7883 www.millerlegg.com ADDITIONAL SERVICE AGREEMENT FOR PROFESSIONAL SERVICES Client: City of Cape Canaveral Client Contact: Mr. Bennett Boucher Address: 105 Polk Ave. Cape Canaveral, FL 32920 Date: November 29, 2006 City Manager Address: Same Project No: 04-00170 T: -- R: -- S: -- Project Name and Location: City of Cape Canaveral General Planning Services (the "Project") Cape Canaveral, Florida Additional Services No. 2 City of Cape Canaveral Redevelopment Plan Update Description of Services to be Provided: Consultant shall provide services as required to complete the City redevelopment plan: update goals, objectives and policies, discussion meetings, revise document, _ approval meeting, finalize document . Services shall be charged at an hourly rate of $95.00 to be structured _ as follows: Update Redevelopment Plan (32-48 hours); Meetings (6-10 hours); Revisions (4-15 hours); a total _ of between 48-73 hours. Additional meetings and revisions shall not be provided without Client authorization. Fee: Lump Sum of $ 0.00 or Hourly not to exceed (NTE) $ 6,935.00 Retainer: (Payable upon execution of this Agreement) $ 0.00 Special Conditions: N/A The undersigned agree that these Additional Services shall be in compliance with the Agreement, General Conditions and Special Provisions dated October 1, 2004. Miller, Legg & Associates, Inc. d/b/a Miller Legg (Consultant) Date: Signature Todd Peetz Project Manager TP/mch City of Cape Canaveral (Client) Signature Bennett Boucher City Manager Date: \ kN \)000