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HomeMy WebLinkAboutPacket 11-21-2006 RegularFP J CITY OF CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 21, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: 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 Damey). PRESENTATION: Burt Bruns OATH OF OFFICE: Rocky Randels, Mayor Shannon Roberts, City Council Member NEW BUSINESS: BOARD INTERVIEW: Joanne Muncey, Business & Cultural Dev. Board 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 21, 2006 2of3 RESOLUTIONS: Motion to Adopt: Resolution No. 2006-47; Appointing a Mayor Pro Tem. 2. Motion to Adopt: Resolution No. 2006-48; Declaring the City's 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. 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. ORDINANCES: First Public Hearing: 7. Motion to Approve: 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 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, at First Reading. 8. Motion to Approve: 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 ape Canaveral, Florida .ouncil Regular Meeting nber 21, 2006 3of3 Conforming and Miscellaneous Amendments; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading. 9. Motion to Approve: 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 First Reading. SITE PLAN: 10. Hertz "Local Edition" Vehicle Rental Facility. 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 recons 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. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 17, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director PRESENTATION: Burt Bruns Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Fall Multi -Family Beautification Award Ms. Mary Jo Laws made the Presentation to Mr. John Grandlich representing the Ron Jon Cape Caribe Resort, Inc. that maintains the Shorewood Drive property. Mr. Grandlich accepted the award and thanked the City. He expressed his pride in the Solana Lakes, Solana Shores and Shorewood community. Mayor Randels informed that the Cape View students decorate pumpkins each year to light the entrance of the Resort. Mayor Randels noted that the City Attorney, Anthony Garganese and Usher Brown, from the firm of Brown, Gargenese, Weiss and D'Agresta were recognized for Best Lawyer in 2007 for the State of Florida. Mayor Randels also noted that the Hometown News received recognition as the best publication in the nation. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 2 of 12 BOARD INTERVIEW: Betty Darney, Beautification Board Ms. Damey affirmed that all of the information on her application was true and correct to the best of her ability. Ms. Darney stated that she was already on the Beautification Board for Cape Shores and she lived in Brevard County for 30 years. She expressed her love of the City and that she was energetic and desired to devote her time to the Board. The Council expressed their thanks to Ms. Damey for wanting to serve. Mr. Petsos informed that Ms. Damey also served with Keep Brevard Beautiful as well as being a poll worker. Mayor Randels stated that a Resolution to appoint Ms. Damey to the Board would appear on the next Council Agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 3, 2006. 2. Proclamation for City Government Week. 3. Resolution No. 2006-44; Appointing Members to the Beautification Board (Mary Jo Laws, Paula Collins, Elizabeth Mars). 4. Outdoor Entertainment Permit for Halloween Street Dance Scheduled for Monday, October 30, 2006. 5. Proposal to Repair Stormwater Inlets in the Amount of $8,425 by Mudrak Engineering and Construction Company. 6. Proposal to Clean Two Stormwater Baffle Boxes in the Amount of $6,000 by Equitas Sewer Services, LLC. 7. Proposal to Construct Sidewalks on Monroe and Polk Avenues in the Amount of $36,937 by Mudrak Engineering and Construction Company. 8. Landscaping Services for Center Street Park, Banana River Park, Manatee Park and South Drainage Ditch. 9. Proposal for Holiday Landscaping in the Amount of $12,060 by Green Blades of Central Florida, Inc. 10. Canceling the Regular Meeting of November 7"' and Scheduling a Special Meeting to Certify the Election Results on November 9"'. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 3 of 12 A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 10 as submitted. 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. Mr. Nicholas pointed out that no date was provided to reschedule the meeting. A motion was made bK Mr. Nicholas and seconded by Mr. Petsos to Cancel the Tuesday, November 7 meeting and reschedule to Thursday, November Sp. 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. CONSIDERATIONS: 11. Proposed Contract for City Hall/ Police Department Needs Assessment and Design in the Amount of $51,678. Mr. Boucher outlined the scope of the Needs Assessment and Design project: 1) a spatial needs assessment, 2) to inventory the City facilities, 3) citing future facilities, and 4) developing the master plan. Mr. Boucher recommended approval. Mr. Kevin Ratigan, Senior Vice President, of Architects Design Group, Inc. was present for questions. Mr. Ratigan summarized the scope and stated that the Master Plan would provide the cost upon Council's approval. He stated that there are many natural amenities in place and the Design Group planned to propose a realistic plan and to accommodate the City's future growth needs. Mr. Nicholas expressed his preference for a low height level concept with a separate police department. Mr. Ratigan replied that the intent is to study the City's needs prior to creating the actual design. He informed that the City Manager supplied him with previous studies; however that design would not work for the community. Mr. Ratigan replied to Mayor Randels that he anticipated returning to the Council in January and looked forward to construction within 2007. Mayor Randels pointed out a 17 percent savings in the project by excluding the sales tax. Mr. Ratigan explained that this is a savings on sales tax for any materials purchased in the project. Generally, labor is 50 percent of the cost and materials are 50 percent of the cost and the savings can be used for amenities such as furnishings. Mr. Ratigan informed that the Department of Emergency Preparedness might have available funds and this would be included in the report. Mr. Ratigan explained that the Design Group would include the existing technology in the future design plans. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Proposed Contract for the City Hall/ Police Department Needs Assessment and Design in the Amount of $51,678. 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. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 4 of 12 12. A Change Order Request for the Preliminary Design of the Buchanan/ Orange Avenues Drainage Project. Mr. Jeff Ratliff, Stormwater Administrator, addressed this item and stated that the Council previously approved $14,000 for the three tasks in the preliminary work for the project. He stated that Stottler, Stagg was seeking a change order request for $8,500 for this project. Mr. Ratliff informed that grant funds were sought through the Community Development Block Grant [CDBG] program and the Federal Emergency Management Agency [FEMA]. Mr. Petsos questioned the grant funding and was hesitant to proceed with the project without certainty on the funding. Mr. Ratliff replied that the CDBG funds were available; however, the FEMA funds were not secured. Caveats could be written in the bidding documents based on securing the FEMA funds. Mr. Petsos expressed the desire to secure the FEMA funds first. He explained that the project has expanded from the original scope of work. Mr. Petsos stated his hesitance to expend an additional $8,500. Mr. Ratliff stated that the project was identified as a major problem and the engineering drawings would assist with grant applications. Mayor Pro Tem Hoog stated that he questioned the design price and also stated that additional funds were often needed whenever the City incurred a project with the City Engineers. Mayor Randels stated Tasks 1, 2 and 3 as: the field surveys, the soil testing and the hydraulics for the cost of $14,000. He stated Task 4 as the design for $7,900. Mr. Ratliff explained that the original project was for Buchanan and Orange Avenues; however the project has expanded to include two additional inlets. Mr. Gardulski informed that the pipes and inlets were too small and caused flooding at Lincoln and Buchanan Avenues. Mr. Petsos clarified that it was the City Engineer's idea to change the design and he restated concern with the additional costs. Mr. Boucher expressed with understanding that the change order was 65 percent of the original task. He suggested returning with a presentation and representation from the City Engineering firm. Mayor Randels concluded that the Council would postpone Item No. 12 until the next Regular City Council Meeting on November 21St. The motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Postpone the Change Order Request for the Preliminary Design of the Buchanan/ Orange Avenues Drainage Project. 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. ORDINANCES: Second Public Hearing: 13. Motion to Adopt: Ordinance No. 16-2006; at Second Reading. Mayor Randels read Ordinance No. 16-2006 by title. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 5 of 12 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Boucher stated that Mr. Steve Luba of Bright House Networks answered Council's questions during the First Public Reading and had responded to all citizen concerns. Mr. Luba stated that Brighthouse addressed the citizen concerns that were expressed during the previous meeting. He explained that High Definition Television was the latest trend and the company would continue to offer more services based on customer demand. Mr. Luba affirmed to Mayor Randels that the City is on fiber optics. Mr. Luba responded to a resident that he was unaware of any dropped connections. Mayor Randels encouraged the person to relay his concerns to the City Manager. Mr. Petsos informed that Brighthouse Networks participated with the Brevard County School System through the Star Programs for teachers. The schools receive laptop computers and cash awards for the classes. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 16-2006 at Second Reading. The vote on the motion carried 6-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 14. Motion to Adopt: Ordinance No. 17-2006; at Second Reading. Mayor Randels read Ordinance No. 17-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese related that changes to the ordinance as: 1) a definition to include "dwelling unit" and, 2) a definition was for "abandonment." Mayor Randels explained that residential use was previously accepted in commercial zoning by special exception; however, the Council decided to discontinue residential use in commercial zoning. However, Polk Avenue is zoned commercial from State Road A1A to Poinsetta Avenue with existing townhomes on Poinsetta Avenue. If a natural disaster occurred, how would the owner rebuild under the proposed ordinance. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 6 of 12 Mayor Randels explained that for dwelling units the discontinuance of use was extended to 730 days or two years for rebuilding. Also under Section B, Section 110-197, Abandonment, Page 11 of the ordinance, "the City Council may grant extensions of time for a nonconforming use of a building or premises which would otherwise be considered abandoned pursuant to Section A if the abandonment was caused by an act of God or other emergency situation outside of the control of the property owner." Mayor Randels stated that a dwelling unit is defined by homestead registration and if it is used as a domicile. Ms. Ruth Anders stated that under the existing zoning ordinance, residences are still allowed in commercial zoning. Attorney Garganese informed that the ordinance was changed as of the previous Council meeting and was not yet available in the code book. Ms. Anders stated that she was unsuccessful in obtaining the ordinance from the Internet or from City Hall. Attorney Garganese stated that the ordinance was in effect as of its adoption. Mayor Randels explained that the ordinance applied only to the State Road A1A corridor. Mr. Todd Peetz, City Planner, stated that for approximately one-half to two-thirds of the State Road Al corridor residential zoning is no longer allowed. Attorney Garganese stated that the ordinance is available online at this time. Mayor Randels stated that discussion on non -conforming uses had taken place for many months. Attorney Garganese stated that the C-1 zoning ordinance differed from the ordinance on non -conforming uses. He explained that the change that was made between first and second reading addresses one of the impacts of the ordinance adopted at the previous meeting. All of the residential dwelling units in the C-1 corridor along State Road A1A became non -conforming uses as a result of the last ordinance. The Council decided to allow two years to rebuild in cases of natural disaster. Mr. Boucher stated for the record that he forwarded the ordinance to Ms. Anders E-mail. Mayor Randels reviewed the timeline. In November 2005, the City imposed a 90 - day moratorium on accepting applications for special exception for residential use in the C-1 zoning districts along the State Road A1A corridor. On January 17, 2006; Council approved Resolution 2006-05 extending the moratorium for 60 -days. During this time the University of Central Florida and the Business and Cultural Development Board conducted a study of residents asking questions on the City's growth. On March 8th the Council held the first public hearing for a six month extension with a second public hearing on March 21St. Mayor Randels reviewed the three options: 1) to allow R-2 by Special Exception, 2) to modify the code to allow special exceptions with limits, and 3) Council modify the code to not allow residential use in C-1 zoning on State Road A1A corridor. On July 12th the Council agreed to disallow special exceptions for residential use in the C-1 zoning district. Ms. Anders stated for clarification that City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 7 of 12 the non -conforming use for residential property in C-1 zoning along State Road A1A was no longer permitted; however, it is a permitted use for all other areas. A resident inquired about homestead property. Mayor Randels replied that homestead registration was criteria to define a dwelling unit. Attorney Garganese responded to the question on rental property. If rental property use was discontinued for 180 days then there is a provision in the ordinance for an extension of time due to those types of situations. However, the Council felt as a matter of policy that dwelling units, a domicile/ homestead property, would be afforded a two year time period before the use goes away as a result of an abandonment or discontinuance of that use. The resident expressed concern as to how an owner would rebuild income property. Mayor Randels replied that the property would not be considered abandoned unless the owner discontinued use for 180 days; however, dwelling units, homestead/ domicile property, were afforded 730 days or two years to rebuild. Mr. Mark Morrison, of 8931 Lake Drive Solana Lakes, spoke on the unintended consequences and a representative of opposition for the expansion of fuel tanks by Coastal Fuels. Mr. Morrison stated that the ordinance in discussion was published on Saturday, October 7th that afforded minimal time for review. He read from a letter that expressed concerns with two provisions that would nullify the ordinance. Mr. Morrison referred to Section 110-197(d), on Page 11 that in summary any Development Agreement would nullify the ordinance. He requested copies of any existing or proposed Development Agreements in the City. Mr. Morrison also referred to Section 110-200, entitled Special Building Permit; the City Council may nullify the entire non -conforming use and structure provisions by granting a Special Building Permit. The alleged terms and conditions are: walk to work opportunities, live/ work spaces, generating a significant economic benefit to the community, and compatible and consistent with community values and objectives. Mr. Morrison stated that Coastal Fuels could extend its tanks by obtaining a Special Building Permit. He posed these additional questions: 1) why would the City subject itself to lobbying or influence peddling in order to obtain a Special Building Permit, and 2) did the City obtain a legal opinion that the questioned provision would be valid under State law? He requested copies of any opinions obtained to allow for the Special Building Permit provision. Mr. Morrison related that this would allow the Council discretionary power to break ongoing ordinance requirements without specific standard and is a violation of the Democratic partnership in decision making afforded to all Canaveral residents. He concluded with a request that the Council not adopt the two proposed provisions. Attorney Garganese informed that he was aware of one non -conforming use Agreement with a Mr. Traversa and the City did not desire to impair that contractual right due to Constitutional issues. He stated that he could include at City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 8 of 12 the end of the sentence, "prior to October 17, 2006." Mayor Randels clarified the location of the change as Page 11, Section 110-197, subparagraph (d). Attorney Garganese stated for the record that there was no draft Development Agreements in progress. He referred to Section 110-200, Special Building Permits, and stated that discussion occurred for many months between the Planning and Zoning Board and City Council. Section 110-200 came about for City Council to address any special circumstances regarding the possible loss of any non -conforming use right. He stated that Section 110-200 was not as broad as it appeared and only applied when there are limited and special circumstances. He referred to subparagraph (b) which in summary grants the continuation of a non -conforming use or structure providing strict adherence to the following terms and conditions: 1) the owner of the property files the application with the City, and 2) the applicant demonstrates that the continuation of the non -conforming use meets the following criteria: is capable of contributing in a positive way to the character and serves the needs of the community including re -occupancy of the building. Attorney Garganese emphasized that the provision was intended to apply to buildings used for occupancy not fuels tanks which are not occupied. Attorney Garganese clarified that the code section applies to a building for re - occupancy purposes only. The Council could review a special permit for a building that had lost its grandfathered status. Mr. Gene Duncan asked for a reference to non -occupational structures and Attorney Garganese referred him to Section 110-193. Mr. Duncan pointed out that fuel tanks are a structure and he also questioned the ordinances provisions for a site. Mayor Randels referred to Section 110-194 that referred to non -conforming uses of land. Mr. Duncan expressed his concern with the fuel Ms. Ruth Anders considered the two provisions arbitrary and capricious. She referred to Section 110-200(b) and said that a Special Building Permit would nullify the ordinance. She contended that the criteria to obtain the permit were not standards but statements. Attorney Garganese advised that the word structure could be changed to building. He explained further that the intent was to limit the provision by defining the criteria as building occupancy. Mr. Morrison referred to Section 110-200 which reads, "providing a significant economic benefit to the community" could be criteria for Coastal Fuels to submit an application. He requested specificity on Section 110-200. Mr. John Grandlich, of Cape Caribe Inc, referred to Pages 13 and 14 of the ordinance, in Section 110-200, Special Building Permits, under the terms in Paragraph 2(b) and suggested to add the two terms, "safety and fire hazard." Attorney Garganese expressed his agreement. Mayor Pro Tem Hoog suggested changing the term in Paragraph (A) from structure to residential. Ms. Linda Tuck of 8891 Lake Drive, Solana Lake, stated that the real estate term of residential is five or fewer units. Mr. Grandlich City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 9 of 12 questioned defining a residential structure in that it would restrict zoning parameters in a non -conforming situation. Council clarified that structural use was in question not the zoning district. Attorney Garganese stated that there was a definition for non -conforming use ordinance and Council could either broaden the term to apply to all residential buildings which would include apartments or limit the terminology to dwelling units to where someone is domiciled. Ms. Anders stated that the Code already provided definitions for buildings and dwellings. Attorney Garganese explained that the term dwelling unit would only apply to what is related in the non -conforming use section. He advised the Council not to apply the term dwelling provided under general definitions in Section 110-1 to the discontinued use or abandonment provision. Attorney Garganese explained that residential buildings were used for human occupancy and recommended such language to limit Section 110-200 to that use only instead of using the term uses and structures. Mayor Randels clarified that the word "structures" would be stricken and replaced with "residential buildings for human occupancy." Ms. Anders questioned the word continuation. Council responded that the language would allow for an owner to rebuild. Todd Morley, Building Official, clarified that under Section 468 of the Florida Statutes, the Council did not have the authority to issue a Building Permit. He suggested omitting the word building and retaining the language, special permit. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 18-2006 with the following amendments: 1) inserting the date of October 17, 2006 under the provision for Development Agreements, 2) to add the terminology for safety and fire hazards in Section 110-191(3), 3) to strike the word "structure" and replace it with "residential buildings for human occupancy," and 4) to remove the word building from the language that reads "special building permit" 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. Ms. Kathy Reakes made a request of the Chair and asked if those speaking on an item could provide their names. DISCUSSION: 15. Motion to Approve: Ordinance No. 19-2006. Mayor Randels read Ordinance No. 19-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; 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, City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 10 of 12 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; MAKING CONFORMING 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 pointed out that the Planning and Zoning Board recommended the ordinance by a three/two vote. Mr. Bruns questioned four units or less in the title. Attorney Garganese affirmed that the title was acceptable. Mr. Bruns questioned the use of a specific number. Attorney Gargenese replied that the existing Code addresses the number of units regarding weekly rentals. Discussion followed on the number of units for regulation purposes. Mayor Randels read Section 509-242, Public Lodging Establishments and Classifications, under Item G, Resort Dwelling, any individual or collectively owned one -two -three-four family dwelling house or dwelling unit, rented for more than three times in the calendar year for less than 30 -days. He stated that the State would regulate for four or more units. Mr. Morley clamed that townhomes are one unit. If a person owned all six units they would be addressed differently than if each unit were owned separately. Mr. Boucher informed that a State license was required before conducting a rental of four units or less for less than 90 days. He stated that City licensing is actually a tax. He replied that the State could seek the City's help in enforcing the Chapter provision as it is a second degree misdemeanor and the State inspector could cite the violation. Mr. Boucher informed that Council is reviewing the zoning portion and the proposed ordinance would address a 90 - day time provision. Ms. Connie Benz asked if there were a code to regulate the noise. Mayor Randels responded that the City's noise ordinance applied. Ms. Benz suggested regulating the property owner. Mr. Petsos addressed the issue and stated that such regulation would cause residents to become police. Mr. Rob Griffith related how he had worse experiences with long term than short term rentals. He stated that evicting a long term renter was costly. Mayor Randels related on a mobile rental to the east of his residence as well as a home and he pointed out that rules assist with responsible rentals. He stated that the length of time was not an issue. Mr. Petsos stated that regulating time would keep owners from policing properties. Mr. Petsos responded to Mr. Griffith that the discussion in question was townhome rentals not lower priced rental property. Mr. Petsos pointed out that the discussion was not to transition the City toward a resort community. He replied to Mr. Griffith that there were many concerned residents not in favor of this issue. Ms. Dawn Huley, of Merritt Island, representing Central Florida Real Estate Investor Group, said that if the State licensing were to supersede the City's then there are owners willing to comply. She reviewed the requirements involved to acquire a license. Ms. Huley cited from the U.S. Census Bureau that only 38 percent of all homes in Cape Canaveral are residential. She informed that the short term rental properties she owned are well maintained. Ms. Huley replied to Mr. Petsos that if any tenant were cited twice, then they City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 11 of 12 would be asked to leave the premises. She expressed an interest in seeing the number of complaints. In conclusion, Ms. Huley asked the Council to consider those issues. Mr. Petsos reminded that the City is a residential community. Mayor Randels asked for consensus to extend the meeting to 10:30 P.M. 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. Mr. James Whitehead stated that he is opposed to the ordinance, saying that it would lower property values. He explained that for many properties, long term rentals are cost prohibitive. Mr. Whitehead also stated that the ordinance is blatantly discriminatory in favor of condominiums over smaller single-family dwelling units. Mr. Whitehead disagreed with Mr. Petsos that condominiums have on-site property management. He also stated that residents were more unruly at times than some transients. He concluded that he hosts a web cam that shows the area to residents in other parts of the country. The people who visit his site become the weekly renters that the ordinance would prohibit and he concluded with his desire to maintain property values. Mr. Bill Carrenti addressed the Council and stated that he came to the City for many years as a weekly rental. He informed that he is a vacation renter. He stated that the word transient does not apply to his rental property and for the three years between the two homes he owns he has not had a bad experience. Mr. Carrenti related that it is the long term rentals that need more regulation. He concluded that he performed the background checks for his rentals. Mr. Marc Letchtling, President of the Ocean Woods Homeowner Association, related that he hears the resident's concerns not law enforcement and he stated that the short term rentals find a way to work around regulations. He spoke in favor of regulating the owner. He expressed that an ordinance would create a need to work around it; however, a resident of Ocean Woods uses a contract to regulate tenant behavior. Mr. Letchtling stated that the ordinance would also create a loss of income to the owner. Mr. Boucher stated for the record, in response to questioning from Mr. Petsos, that currently there are six properties that are licensed by the State. Ms. Evelyn Bush, of 415 Jackson Avenue, read her letter to the City Council. She related that she did not have a problem with her yearly rentals. Ms. Bush noted that three of the six properties in her neighborhood are weekly rentals. She stated that security was her main concern. Ms. Bush informed that currently there are eight adults occupying a two bedroom property. She requested a remedy for the situation. Mr. Ron Walley strongly suggested enforcing the rules but not to infringe on the rental income. Ms. Alice Filteau, of 8112 Presidential Court, asked the Council to consider the secondary effects of their decision. She stated that a resort dwelling license would hinder the person City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 12 of 12 who has a second home and rented for several weeks to a month. She informed that the occupancy rules that a neighboring renter property enforces were successful. Ms. Filteau informed that the City of West Palm Beach created a task force that addresses: establishing rules, occupancy limits, and enforcing the established rules. She stated that as an Urban Planner it was offensive for the Council to treat uses differently according to zoning. For the record, Ms. Filteau distributed information to the Council. Mr. Don Samos, Titusville resident and owner of Cape Canaveral property, stated that the proposed ordinance made rental aspirations dismal. He related on the increases to his hurricane and fire insurance and taxes. Mr. Samos stated that he did not believe that rental duration was the answer. Mr. Petsos requested to place the ordinance on the next City Council Regular Meeting for a First Public Reading. Mayor Randels concluded that three members of Council agreed to place the item on the next Agenda for First Public Reading and informed that citizen concerns could be heard during the discussion. Staff would advertise the ordinance prior to First Reading. REPORTS: Due to the lateness of the hour, there were no reports. AUDIENCE TO BE HEARD: There were no further comments from the audience. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Consent item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-45, APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-45, appointing Betty Darney as a regular member of the Beautification Board. Summary Explanation & Background: Ms. Darney's appointment will expire on 11-01-2007. I recommend approval. Exhibits Attached: Resolution No. 2006-45 City Man 15�s Office Department LEGISLATIVE / ca cape\my c ent admin\council\meeting\2006\11-21-06\2006-45 ... RESOLUTION NO. 2006-45 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181(a) created a Board known as the Beautification 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. Betty Damey is hereby appointed as a Regular Member of the Beautification Board of the City of Cape Canaveral, Florida, with term to expire on November 1, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21 st day of November, 2006. ATTEST: Rocky Randels, MAYOR Susan Stills, CITY CLERK FOR AGAINST APPROVED AS TO FORM: Burt Bruns Anthony Garganese, CITY ATTORNEY Leo Nicholas Buzz Petsos Rocky Randels City of Cape Canaveral { Memo To: Bennett Boucher, City Manager Susan Stills, City Clerk Front Virginia Haas, Assistant City Clerk Date: 10/9/2006 R« Betty Damey, Beautification Board At the regular Beautification Board meeting of October 10, 2006, Ms. Betty Damey was interviewed and the board unanimously recommended that City Council appoint her as a regular member of the Beautification Board. Ms. Damey's board application is attached for City Council review and interview. 1105 Polk Avenue * Post Office Box 326' Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD Pursuant to Section 2471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. also prohibits a person from serving on a City Board or Committee if that person convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL has been 1. Applicant Name: e t 1"u- I" h e 2. Home Address: 130 12 o<' `f � 3. Home Telephone: g �} ` Q D �3 �« 3 �" (� 7 4. Occupation: -Deg m es + i e E -N g r ri Lott 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: m (N) 1/ �rF 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? m ✓ (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? m (N) ✓ 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefl state yoLv interest in serving on a Qty advisory board o committee: 2. Briefly state any prior experiences in serving on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or 4 In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. ✓ Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. :4 D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: OATH OF OFFICE I, Rocky Randels , do solemnly swear that I will support, protect, and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida, and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Susan Stills, CMC CITY CLERK Rocky Randels Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 21 st day of November 2006. OATH OF OFFICE I, C. Shannon Roberts , do solemnly swear that I will support, protect, and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida, and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Susan Stills, CMC CITY CLERK C. Shannon Roberts Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 21 st day of November 2006. OCT 17 2006 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOOLA Pursuant to Section 2-171, Cape Canaveral} Cods City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has beers convicted of a felony. unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 77 Rmoe.it s. Home Address:.7o� -*Acs i mf.,/ I ap"�tZ• 3. Home Telephone: 4. Occupation: �► =r 5, Business Telephone: "Rig e. Business Address: le W& e. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1, Ara you duly registered to vote in Brevard County? (Y)ZN) 2. Have you boon a resident of the City of Cape M_Z(N) Canaveral for 12 months or longer? 3a. Have you ever bean convicted or found guilty, regardless of adjudication, of a felony in any jutlsdic5on9 Any plea of nolo contendere (no contest) snail be considered a conviction for purposes of this Question. been m (N) (Y) (N),,,_ A10 3b. If yes to 3a, have your civil rights restored? 4a. Do you presently serve on any other City of Cape de Canaveral advisory board or committee? (Y)_ (N) 4b. If yes to 4a, please list each: _______. ( y� S. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being QV() appointed to a board or committee. Do you voluntarily Initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) {N) ea. Are you relaxed to a Clry of Cape Canaveral Council member by blood, adoption or marriage? (Y),__ (N) ✓ 6b. If yes to Bit, please provide name($) of person(s) and relationship to you: C. INTERESTWEXPEPiENCE / 1. Briefly state your Interest in servA on a City adviss board or mines: rie- --..sz. G- �eG�1' 2. Briefly state any prior xpanion sin! ng on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, ate.) that you Feel help to quality you for membership on the desired board or committee: farms i p� ri c 4. In numerical sequence (1 = most Interested), please rank which advisory board or committee on which you wish to sarve: a. Beautification Board b. Board of Adjustment' c. % Business and Cultural Developmont Board d. Code Enforcement Board' @. 3 Community Appearance Board` f. Construction Board of Adjustment and Appeals* 9. ..�_ Library Board h 3 Planning and Zoninq Board' i. _� Recreation Board j, '—r Other. 'Members of these boards are required to complete and filo with the Supervisor of Elections a Financial Disclosure Forth upon appointment to said hoard anef prier to July l of each year followlrrg the Initial appointment while still a member of said board. (91 D. STATE REPORTING REQUIREMENTS. Section 780.80, F►orlda Statutes, requires that the City annually submit a report to the Secretary of Stete disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE t3 R African-American Male Asian-Amertcw �/� Fernale Hispanic -American Not Known _ Native American Caucasian DiSAB LL QTY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS ISECT10NS 112.311•.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" (SECTION 288.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT 18 YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • initial appointment to any City board is subject to City Council approval following a brief Interview before the city council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City C*Ws Office at (321) 888-1221. Sou tore: ..-7- 2%41jts� last•: f?740! at 40-7 .0_ e _ Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk avenue Cape Canaveral, Florida 32920 Date Appointed: by. Board Appointed to: Term Expires: (.6) fO,oe 7b: 8c8 -/Z¢8 c;ry ci4-k ias A t 4e. elloe& �a,e✓cra. /, OrL 391" ,J,m Asto Aocer fWX Ole /- Ota' acwrw. A;Poo beAO&A;om /AG �k dlAe Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Resolutions Item 1 No. Resolution No. 2006-47 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-47, ELECTING A MAYOR PRO TEM DEPT/DIVISION: LEGISLATIVE Requested Action: City Council elect a Mayor Pro Tem as required by the City Charter. Summary Explanation & Background: Council Member Bob Hoog served as Mayor Pro Tem this past year. Please advise. Exhibits Attached: Resolution No. 2006-47 City Man s Office, Department LEGISLATIVE -nt\kim\m ocume s\admin\counci meeting\2006\11-21-06\2006-47.doc RESOLUTION NO. 2006-47 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. WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida, requires the City Council to annually elect from its membership a Mayor Pro Tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. is hereby elected as Mayor Pro Tem of the City of Cape Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the duties and responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such capacity until the next annual election. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21 st day of November, 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 Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Resolutions Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-48, DECLARING SUPPORT AND ENDORSEMENT FOR THE NEMOURS CHILDREN'S HOSPITAL IN ORLANDO DEPT/DIVISION: LEGISLATIVE Requested Action: Councilmember Buzz Petsos is requesting that City Council consider the adoption of Resolution No. 2006-48, declaring support and endorsement for the Nemours Children's Hospital in Orlando. Summary Explanation & Background: See attached resolution and white paper on Nemours. I recommend approval. Exhibits Attached: Resolution No. 2006-48; White Paper City Mana Office ; . Department LEGISLATIVE caum m\mydo ---in\council\meeting\2006\11-21-06\2006-48 aoc RESOLUTION NO. 200648 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA DECLARING OUR SUPPORT AND ENDORSEMENT FORNEMOURS CHILDREN'S HOSPITAL IN ORLANDO, FLORIDA; ENCOURAGING OTHER MUNICIPALITIES TO PUBLICLY EXPRESS THEIR SUPPORT FOR NEMOURS CHILDREN'S HOSPITAL IN ORLANDO, FLORIDA; PROVIDINGAN EFFECTIVE DATE. WHEREAS, the genesis of Nemours is found in the will of Alfred I. duPont where he expressed his desire to alleviate human suffering; and WHEREAS, Nemours was incorporated in 1936 and currently receives funding through the Alfred 1. duPont Testamentary Trust and the Edward Ball Estate; and WHEREAS, in 1940 Nemours opened its first health care institution, what is now the Alfred I. duPont Hospital for Children, located in Delaware, and today operates its stand alone children's hospital in Delaware and numerous children's health care clinics in Delaware, Pennsylvania, New Jersey and Florida; and WHEREAS, since establishing its Orlando clinic in 1997 through 2005, Nemours has provided over $140 million in mission support to Central Florida, currently employs a total of more than 200 associates and physicians covering numerous specialities and hospital based physicians; and WHEREAS, Nemours also currently operates a satellite clinic in the City of Melbourne, Brevard County; and WHEREAS, currently, the pediatric speciality practices and clinics of Nemours operating in Orlando, Pensacola and Jacksonville have invested over $500 million in mission support in the State of Florida, have treated almost 800,000 Florida children, employs over 130 physicians in the State, have made an economic impact of $240 million annually, and WHEREAS, Nemours has expressed interest in building a top -tier integrated children's health system, inclusive of a $250 million state-of-the-art children's hospital, in Orlando, Florida that will provide comprehensive specialty services aimed at the most complex health care needs of infants, children and adolescents in Central Florida including Brevard County; and WHEREAS, Central Florida is blessed with excellent hospitals and that added services and competition will only enhance the healthcare system for the citizens of Central Florida, especially its children; and City of Cape Canaveral Resolution 2006-48 Page 1 of 2 WHEREAS, in addition to providing the kind of specialized care that will attract patients from around the world, Nemours will also employ as many as 1,500 people, add $350 million annually to the Central Florida economy, enhance the areas reputation as a world-class provider of medical care, make Central Florida a logical location for ancillary health-care based businesses; and WHEREAS, Nemours is an independent, comprehensive pediatric hospital, which will improve the well being of the children in Central Florida by providing a location where any and all pediatric ailments can be treated in one facility, and will allow the children of area taxpayers the opportunity to receive care with one high standard of quality and distinction regardless of the recipient's financial status; and WHEREAS, the City Council of Cape Canaveral hereby finds that the operation of a Nemours Children's Hospital in Orlando, Florida is undoubtedly in the best interests of the citizens of Cape Canaveral and all the citizens of Brevard County, Florida. NOW, THEREFORE BEITRESOL VED, that the City Council of Cape Canaveral, Florida hereby proclaims our endorsement and support of the Nemours Children's Hospital in Orlando, Florida and that the City Council encourages other municipalities and local governments in Central Florida to publicly express their support for Nemours Children's Hospital in Orlando, Florida. BE IT FURTHER RESOLVED, that this Resolution be spread upon the Official Minutes of the City Council by the City Clerk, this Resolution be presented to Karen Breakell, Director of Community Relations, of Nemours Children's Hospital, and this Resolution be presented to other municipalities and local governments throughout Central Florida. ADOPTED this 21st day of November, 2006, A.D. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Shannon Roberts Buzz Petsos Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution 2006-48 Page 2 of 2 WHITE PAPER September 2oo6 A MOD OFC ' ,LAS`� _ I IVE CARD; Th e 1 ljf-od 1. - pion't 0s ;_t, -W,1 `7' chil,1'ren, ?' as ryr x? N Cr"re Ilt-f-71a syzstem The Nemours Foundation established the Alfred I. duPont Institute in Wilmington, Delaware in 194o as a pediatric orthopedic hospital and continued the operation of the Institute with that specific focus for the first forty-five years of its existence. In the late 198os, to meet the growing medical needs of the region's children, The Nemours Foundation determined that it would evolve its presence to establish a full service children's hospital — the Alfred I. duPont Hospital for Children (AIDHC). With this decision, Nemours was determined to expand its services in a manner that was additive and collaborative with the other health care institutions in its community, particularly Christiana Care Health System, the major hospital system in the State of Delaware. The leadership of The Nemours Foundatio including its Board Chairman and Chief Executive Officer, over a period of several months in 1989-1990 to develop an affiliation that would allow the resources of Nemours to be applied to the creation of AIDHC, a tertiary academic hospital completely dedicated to the needs of children in Delaware and 1 the surrounding region. As a result, Nemours has been able to j establish and grow pediatric subspecialties at AIDHC that would not otherwise have been provided for the n met with the leadership of Christiana, "The Nemours Foundation's AIDHC and Christiana Care have a strong collaborative approach to serving the health care needs of the Delaware Valley community. By aligning efforts to maximize our relative strengths while still fulfilling our separate missions, our organizations have been able to provide this region with comprehensive, high quality health care, withoutfinancial detriment to either hospital." -- Dr. Bob Laskowski, CEO, Christiana Care Health System Delaware Valley community. Christiana remains a full-service tertiary general hospital, which includes strong pediatric and maternal/neonate services. Additionally, with the assurance of a strong working relationship with Nemours and its children's hospital, Christiana has been able to direct its resources to other programs of excellence as well. Among the programs that have received additional emphasis after the affiliation with Nemours are Christiana's oncology program, women's programs, and cardiac programs. WHITE PAPER September 2006 Today, collaborations between The Nemours Foundation's AIDHC and Christiana include the following: ■ AIDHC and Christiana offer patients who reach the age limits for Nemours' pediatric programs the opportunity for a smooth transition to adult providers at Christiana in order to continue their care in a seamless manner. A specific example is in the Hematology -Oncology service where adolescents with cancer are often transitioned to Christiana's cancer service with the close working rclationship bctwccn the partics hclping to assurc a smooth "hand-off' for this very complex and critical program. • The two organizations collaborate in the Delaware State Trauma System such that AIDHC and Christiana offer a combined "Trauma Center Without Walls" that has received acclaim and support from the American College of Surgeons. ■ Christiana maintains a 70 -bed Neonatal Intensive Care Unit (NICUs) to accommodate the 7,200+ births per year taking place at its hospital while Nemours built a 9 -bed NICU unit at AIDHC to accommodate those medically complex babies needing surgical intervention and highly complex care. AIDHC and Christiana coordinate between the NICUs to allow for easy transfer between each institution and to ensure these smallest patients receive the highest level of care at every step in the journey. ■ Christiana and Nemours collaborate on a unified Jefferson Medical College affiliated pediatric residency program that supports the programs at AIDHC, Christiana, and Thomas Jefferson University Hospital. ■ Nemours provides the pediatric training for Christiana's Medical -Pediatrics Residency Program. ■ The pediatric intensivist physicians of AIDHC staff the Pediatric Intensive Care Unit (PICU) at Christiana. Nemours also provides pediatric specialists to present grand rounds and additional education programs at Christiana and other hospitals in the State and region. ■ The Anesthesiologists at Christiana have a standing invitation to cross -cover services in order to maintain proficiency in cases with young children. ■ Nemours and Christiana jointly finance a shuttle service that transports patients, family members, staff, and students among Christiana's three sites and Nemours' hospital. Nemours supports other hospitals in and around Delaware also: ■ When there was a severe deficiency of primary care pediatricians in the State of Delaware, Nemours hired general pediatricians and established them in un- served and under -served local communities. WHITE PAPER September 20o6 Nemours provides pediatric rotations for the Family Practice residency of St. Francis Hospital in Wilmington �— and provides a primary care The History of the Nemours Foundation pediatric practice in St. Francis i Alfred I. duPont began his r Hospital's medical office career in Wilmington, DE, { building. where he worked with the ■ Nemours provides neonatologist coverage, hospitalists, and podiatric subspccialists to affiliated hospitals throughout the Delaware Valley. ■ Nemours provides the pediatric training for adult specialty residents in fifteen specialties for Thomas Jefferson University Hospital. Overview of Christiana Care Health System Based in Wilmington, DE, Christiana Care Health System is one of the largest health care providers in the mid-Atlantic region, serving all of Delaware and portions of seven counties bordering the state in Pennsylvania, Maryland and New Jersey. The not-for-profit, privately owned Christiana Care family of services includes two hospitals, Christiana Hospital, on a suburban campus south of the City of Wilmington, and Wilmington Hospital, in the downtown business district of Wilmington. family business producing gunpowder. In 1927, he _ moved to Jacksonville, FL where he earned wealth through the lumber, paper, railroad and banking businesses. Following his death in 1935, his wife, Jessie Ball, established the Alfred I. duPont Testamentary Trust in accordance with his will. Through the Trust, The Nemours Foundation opened the Alfred I. duPont Institute in 1940 in Wilmington, DE, focusing on pediatric orthopedics. In the late 198os, the Institute expanded to become the Alfred I. duPont Hospital for Children. In 1987, Nemours opened an outpatient children's clinic in Jacksonville, FL, followed by clinic openings in Orlando and Pensacola, FL in 1997. Between 1997 — 2005, The Nemours Foundation has invested more than $147 million in its Orlando operations alone. Today, The Nemours Foundation operates 25 sites in 4 states with over 4,000 employees, offering leading and cutting-edge pediatric subspecialty medical care, education, and research. Christiana Care Health System operates 1,1oo licensed hospital beds, as well as a 1o8 - bed facility for transitional care. Christiana also operates 11 family/internal medicine satellite clinics, and offers physical therapy, home health care, laboratory facilities, as well as Alzheimer's adult day care serves. Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Consent Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL FOR ENGINEERING SERVICES TO RE -BID THE REPLACEMENT OF THE SANITARY SEWER FORCE MAIN FROM LIFT STATION NO. 1 TO THURM BLVD. DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the proposal from Brown and Caldwell for engineering services to re -bid the replacement of the sanitary sewer force main from Lift Station No. 1 to Thurm Blvd. Summary Explanation & Background: See attached proposal and memo from the public works director. This is a budgeted item. I recommend approval. Exhibits Attached: Public works director's memo & proposal City Manager's -Office Department PUBLIC WORKS/WWTP pe -n kim\myd cume in\counci ting\2006\11-21-06\forcemain.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: November 13, 2006 RE: Agenda Item for November 21, 2006 Sanitary Sewer Force Main Replacement re -Design and Bid Document Brown and Caldwell Engineering Services The Public Works Department budged funds for the design of the replacement of the sanitary force main from lift station #1. This project was advertised for Bid 06-02 April 2005. On May 16`h 2006 City Council did not award Bid 06-02 and instructed staff to re -bid the project next budget year. In addition, the Bid Documentations will be revised to reflect a material unit cost in lieu of a lump sum price. Attached is a map depicting the location of the lift station, force main and the service area. This is a critical sanitary sewer line that is need of replacement. The construction of this line is a 12" AC pipe and is over 39 years old. The current route of the force main is about 4,500 feet in length. More so, Staff will be working with Greene International development in the relocation of the force main Attached is the proposal from Brown and Caldwell Engineering. Brown & Caldwell will be present to answer any question in regards to pipe sizing for future development needs. More so, Value Engineering of the Best Management Practice shall be reviewed. Brown and Caldwell will be present to provide an explanation of the proposed task and the cost associated the probable construction cost and the work schedule for engineering. Recommend approval of the City's force main from lift station #1 engineering services from Brown and Caldwell Engineering as outlined by the proposal in the amount of $15,359 and the appropriation of necessary funds. City of Cape Canaveral I 1 11 1 -- OCEAN WOODS AREA -�.............�_: � ------ M --------------♦-----------.------- �;t . z � � 1 1 Streets N MI __ JLJ- LAJ V? -��v j/j V71b 0 cam, Of Y+ Q 1 Wla VNV MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: May 4, 2006 SUBJECT: City Council Agenda Item for May 16t" 2006 Bid Award 06-02 Lift Station 1 Force Main Replacement. On April 8tt' 2006, the City of Cape Canaveral advertised for Bids for the Replacement of Lift Station 1 Force Main. A Pre -Bid meeting was held on March 29`" at 10:00 A.M. at the City Hall Annex. Bids were received by the City Clerk of the City of Cape Canaveral until 2:00 P.M. April 27th, 2006. Bid opening began promptly at 2:15 P.M. in the City Hall Annex on April 27th. The City received one (1) Bidders for the project. The low bid is Maxwell Contracting, Inc. Attached is a copy of the Bid amount of $797,000 from the only bidder. Brown and Caldwell reviewed the Bid documentation. Staff conducted a reference check of Maxwell Contracting, Inc. The qualifications of the low bidder Maxwell Contracting, Inc were found to be acceptable. However, after careful consideration it is the recommendation of the Public Works Department to reject the Bid and to re -bid next budget year when additional funds are available. Recommend rejecting the Bid 06-02 from Maxwell Contracting, Inc, appropriating the necessary funds next budget year and re -bidding the project. Attachment CC: File 850 Trafalgar Court Suite 300 Maitland, FL 32751 Tel: (407) 661-9500 Fax: (407) 661-9599 )6 Mr. Walter Bandish Assistant Public Works Director City of Cape Canaveral 601 Thurm Boulevard Cape Canaveral, FL 32920-0326 0022-041074 Subject: Proposal to Provide Engineering Services to Re -Bid Cape Canaveral Water Reclamation Facility Forcemain From Lift Station No. 1 to Thurm Boulevard Dear Mr. Bandish: Attached, please find a proposal from Brown and Caldwell (BC) to provide professional engineering services to the City of Cape Canaveral (City) during the upcoming re -bid of the design project entitled "Forceinain froin Lift Station No. I to Thurin Boulemrd. " Exhibit A provides the project background and proposed scope of services. Exhibit B provides a detailed breakdown of the fee estimate for this work. Please note that this proposal only includes bid services. An additional proposal will be submitted for related construction services at a later date should the City decide to proceed with this project once bids are obtained. BCs proposal is based on providing services before and after the bid period as described in the schedule included in Exhibit A, and the total lump sum fee proposed for our services is . Please review this proposal and let me know if you have any questions (407-661-9593). If it is acceptable, please proceed with issuance of a purchase order and we will begin immediately. We appreciate the opportunity to serve you on this project. Very truly yours, BROWN AND CALDWELL June Smith, P.E. Project Manager cc: Mr. Ed Gardulski. City of Cape Canaveral Bob Hraboysky, Brown and Caldwell Stn Oppenheirn, Brown and Caldwell Richard PersaUd. Brown and Caldwell P: Gen\Cahc Cana 7cgal\Cii�nt 5cnice 2.Iurtp2mcni and Proposal — l.\ti\he-bid I+\[ frum Lilt 5ta[ion 1 ro'fhunn BI.._{\Trans,n cC_il Utter 11-iJ_ E n v i r o n ni e n t a l E n g i n e e r s eJ C o n s u l t a n t s EXHIBIT A PROPOSAL TO PROVIDE PROFESSIONAL ENGINEERING SERVICES RE -BID OF CAPE CANAVERAL WATER RECLAMATION FACILITY FORCEMAIN FROM LIFT STATION NO.1 TO THURM BOULEVARD PROJECT The following sections describe the project background, proposed scope of services, limitations and exclusions, items required from the City of Cape Canaveral (City), project schedule and fee for professional engineering services to be provided by Brown and Caldwell (BC) during re -bidding of the project entitled "Cape Canaveral Water Reclamation Facility — Forcemain from Lift Station No. 1 to Thurm Boulevard. " SECTION 1 - PROJECT BACKGROUND BC produced a set of design drawings and specifications for the City for the project entitled "Cape Canaveral Water Reclamation Facility Forcemain from Lift Station No. 1 to Thurm Boulevard. " BC also prepared an application package for the Florida Department of Transportation (FDOT) and responded to one request for information from the FDOT on the submittal. FDOT issued a permit on April 18, 2006 to the City for construction of this project to begin within 180 days (by October 11, 2006). Once construction was started, the FDOT permit stated that construction must be completed within 60 days. The City bid the project in April 2006. The City received one bid and, after review by BC, rejected the bid due to cost. The City would like to re -bid this project, and has requested that BC provide services to assist with consolidating the bid documents to include all Addendum information that was issued during the previous bid period, produce copies of bid drawings and specifications for bidders and for City files, request an extension to the FDOT permit for this project, attend a pre -Bid meeting at the Cape Canaveral Water Reclamation Facility, issue up to two additional Addendum based on potential bidder questions, and review bids that are submitted and recommend an award if in the interest of the City. SECTION 2 - SCOPE OF SERVICES The purpose of this proposal is to provide engineering assistance to the City during bidding of the above -referenced project. 1 P:AGen\Cape Canaveral\Client Service Management and Proposals — JAS\Exhibit A — Bid Services Proposal — Re -Bid FM from LS I to Thurm Blvd.doc Task 1 — Revision of Design Documents to Include Previous Addendum 1 Comments and Submittal of Copies of Bid Sets to the City for Issuance to Potential Bidders and for City Files BC will revise the design drawings and specifications to include the Addendum 1 comments that were issued during the previous initial bid period. BC will also prepare and bind twenty (20) 11" x 17" copies of the revised design drawings and twenty (20) copies of the revised design specifications for use by the City for bidding purposes and for the City's files. The City will be responsible for selling the Bid Documents and for recording the names, office addresses and email addresses of all Plan Holders, and transmitting all potential future Addendum to each Plan Holder in a timely manner. A lotal of 38 hours has been allocated by BC for this task. Task 2 — Pre -Bid Meeting BC's Project Manager will attend the Pre -Bid meeting with potential bidders and explain the design intent of the project, distribute a copy of the FDOT permit for the project, and take questions from potential bidders related to the project. BC will issue an initial Addendum to address any questions that come up during this pre-bid meeting. A total of 10 hours ha, been allocated by BC for this task. Task 3 — Permitting Assistance BC will draft a letter to be approved and issued by the City on City letterhead requesting an extension of the FDOT permit timeline for start of construction and completion of the project based on the revised timeline associated with the re -bid. A Total of 6 hours has been allocated by BC for this task. Task 4 — Provide Addendum to Answer Questions from Contractors during Bid Period BC will issue up to two additional Addendum to address any additional questions submitted by Contractors or subcontractors during the period allowed prior to bid receipt by the City. The City will be responsible for transmitting Addendum to all plan set holders once BC has submitted an Addendum to the City. A total of 12 hours has been allocated by BC for this task. 2 P:\Gen\Cape Canaveral\Client Service Management and Proposals — JAS\Exhibit A — Bid Services Proposal — Re -Bid FM from LS I to Thurm Blvd.doc Task 5 — Review of Bids and Recommendation of Award BC will review all bids submitted to verify whether each submittal package is complete according to the specifications. BC will prepare a summary table highlighting each line item of the construction cost submitted by each Contractor for the project for comparison purposes. BC will telephone four reference contacts obtained from the lowest bidder (assuming the submittal package of the lowest bidder is complete) to obtain positive or negative feedback regarding the Contractor on similar projects. BC will submit a recommendation for award of the project to the lowest bidder if the above investigation indicates that a recommendation is in the best interest of the City. A total of 10 hour, ha, peen allocated by BC for thi, task, Task 5 — BC Internal Project Management BC internal project management includes task order administration and developing internal project instructions. A project management plan will be developed to identify the process that will be followed to produce a quality project within the agreed upon budget and time schedule. Internal Quality Assurance/Quality Control (QA/QC) reviews will be implemented at each level of completion. Work products that will be developed and submitted during this task include invoices with status reports to the City, project correspondence relating to bid services issues, and project documentation. A total of 20 hour, has hecn allocated by BC fur this task. PROJECT SCHEDULE BC expects that the City will issue BC's Notice to Proceed approximately 14 calendar days prior to advertising this project for bid, allowing enough time for BC to: (1) update the design drawings and specifications; (2) produce and submit to the City the required number of bid sets in time for the bid advertisement; and (3) write and submit to the City a letter requesting a time extension for the current FDOT permit for this project. Once the project is advertised for bid, it is recommended that a minimum bid period of 45 days be established to attract a sufficient number or bidders for the project. The Pre -Bid Meeting described in Task 2 should occur approximately 2 weeks after the advertisement for bid occurs, allowing sufficient time for potential bidders to find out about the project, obtain documents, and investigate the project enough to formulate questions and obtain questions and obtain additional inquiries from potential subcontractors. However, due to the upcoming end -of year holiday season, the City may want to postpone the Pre -Bid Meeting to maximize attendance by potential bidders. Once bids are received by the City, and a copy of each bid package has been transmitted to BC, a period of approximately 7 calendar days will be required to complete the bid analysis and recommendation (if warranted) as described in Task 5. The proposed schedule for this project is listed in Table 1 below. 3 P:\Gen\Cape Canaveral\Client Service Management and Proposals — JAS\Exhibit A — Bid Services Proposal — Re -Bid FM from LS I to Thurm Blvd.doc Table 1. Proposed Schedule for Bid Services Event Elapsed Time, Potential Date Calendar Days Notice to Proceed for BC 0 11/21/06 (Next Council Meeting) BC Submittal of 14 12/4/06 Updated Bid Sets to City (Monday) Bid Advertisement 20 12/10/06 (Sunday) Pre -Bid Meeting 44 1/03/07 (Wednesday, after Holidays) Bid Submittal Deadline and 72 1/31/07 Transmittal of Bid Packages to BC (Wednesday) BC Recommendation of Award 79 2/7/07 (if Warranted) (Wednesday) PROJECT FEE BC proposes to perform the Scope of Services identified in this proposal for a lump sum fee of $15 ) 59,98. A detailed cost breakdown for labor effort, other direct costs and associated project costs is attached and labeled as Exhibit B. 4 P:\Gen\Cape Canaveral\Client Service Management and Proposals — JAS\EXhibit A — Bid Services Proposal — Re -Bid FM from LS I to Thurm Blvd.doc 'u 'o CD Y O W O O O w < -< V b l7 C N Obi �O V NN N V O tn0 N N GNC O O O O p O O O O O O O Oml Oi M r 8 8 8 8 8 8$ O 8 O 8 O 8 F W N �O pp $ $ y 0 ul O O O S O O O O O pp W t S O S O O 8 O O S $ O O O S O O O S S O O $ O N O O I'l $ S C O O 1"I O I'l S O O N Cl O O S S O 8 O O $ S O O O O O O nl O N O O G O O �D j) Yp O O mm b N b W r O N [Oi r$ v 8 8 8 o S 8 0 0 8 8 o $ o x $ 8 $ { GO O $ O 0 g 0 o r O 8 $ O �o 0 0 0 m 0 d 2 8 8 8$ <p 8$ S N b N m U a a E o I $ " ¢ c S m P m E W 0 8 r Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE FOR ELECTRICAL MOTOR AND PUMP REPAIR SERVICES DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the proposal to utilize the electrical motor and pump repair services of TAW Orlando Service Center utilizing the City of Orlando bid, as recommended by the public works director. Summary Explanation & Background: See attached memo. I recommend approval Exhibits Attached: Public works director's memo; City of Orlando bid City Mana 1, Office / Department PUBLIC WORKS/WWTP i c kim mydoc is\admin\counci eting\2006\11 21-06 \MQtQ.L JUfLLP. UVC.: MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works erector DATE: November 8, 2006 SUBJECT: City Council Agenda Item for November 21, 2006 Cooperative Purchase for Electrical Motors and Pump Repairs The Public Works Department has budgeted for the maintenance and repair of high service motors and pumps. In the event a high service motor and or pump requires repairs, the City will ship the unit to a service company to disassemble the unit and to establish a repair cost. As required by the City Purchasing Policy, it is not feasible to obtain three quotes requiring a fee for delivery and the cost to disassemble a high service motor and or pump. More so, there is always the problem of parts disappearing during shipping. Hence, it is in the best interests for the City to obtain motor and pump services through a cooperative purchase. The City of Orlando has awarded Bid I05-2115 (1) for Motor and Pump Repairs to TAW Orlando Services Center. The City of Cape Canaveral has previously utilized TAW and their work is satisfactory. TAW also performs service work for Rinker and Walt Disney World. Attached is the City of Orlando Bid. Recommend the approval of the Cooperative Purchase from the City of Orlando for Motor and Pump Repairs from TAW Orlando Service Center. Attachment CC: File 11N v I I 'ATION TO BID City of Orlando, Florida Office of Purchasing & Materials Management City Hall at One City Commons 400 South Orange Avenue P.O. Box 4990 Orlando, Florida 32802-4990 (407) 246-2291 Fax (407) 246-2869 Website: http://vvvvw.cityoforlando.net BUSINESS NAME & ADDRESS TAW Orlando Service Center 3400 Bartlett Blvd. Orlando, F1 32811 MAIL DATE: September 6, 2005 BID NO: BI05-2115 OPENING DATE: October 4, 2005 THIS IS NOT AN ORDER ANNUAL AGREEMENT FOR ELECTRICAL MOTOR AND PUMP REPAIR Bids will be opened and publicly read aloud at the Office of Purchasing, City of Orlando, City Hall at One City Commons, 400 S. Orange Avenue, Fourth Floor, Orlando, Florida at 3:00 p.m. on the 4th day of October, 2005. Bids must be SUBMITTED ON THE FORM FURNISHED BY THE CITY and in accordance with specifications and list of quantities desired. SEE ATTACHED SPECIFICATIONS & ETC. This completed form must appear as the top sheet for all bids submitted. Bid Bonds if required may be in the form of a Bond, Cashier's Check or Certified Check. Amount of Bid Bond Amount of Cashier's Check Amount of Certified Check Total Amount of Bid or Base Bid All Items Bid? $ N/A $ NIA $ N/A $ 220,585.00 Yes x No It is the intent and purpose of the City of Orlando that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Office of Purchasing at the address noted in the Special Conditions, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Office of Purchasing not later than ten (10) days prior to the bid closing date. Annual Agreement for Electrical Motor and INVITATION TO BID # B105-2115 Pump Repair BIDDER'S CERTIFICATION I have carefully examined the Invitation to Bid, Instructions to Bidders, General and/or Special Conditions, Vendor's Notes, Specifications, proposed agreement and any other documents accompanying or made a part of this Invitation. I hereby propose to furnish the goods or services specified in the Invitation at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety (90) days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a backgpotigd investigation may be conducted by the Orlando Police Department prior to award. I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the vendor/contractor as its act and deed and that the vendor/contractor is ready, willing and able to perform if awarded the bid. I further certify, under oath, that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service; no officer, employee or agent of the City of Orlando or of any other bidder interested in said bid; and that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. TAW Orlando Service Center NAME OF BUSINESS BY: SIGNATURE Michael Castin, Sales Manaqer NAME & TITLE, TYPED OR PRINTED 3400 Bartlett Blvd. MAILING ADDRESS Orlando, F1 32811 CITY, STATE, ZIP CODE ( )407-423-1886 TELEPHONE NUMBER �) 407-423-3017 FAX NUMBER mike.castin@tawinc.com E-MAIL ADDRESS Sworn to and subscribed before me this 3rd day of October � 11 WA Signature of Notary Notary Public, State of Personally Known -OR- Produced Identification Type: Company Tax ID # Florida • My CommWei a 00207156 �r ExpUft Apr# J0, 2007 Office of Purchasing and Materials Management Page: 6 Annual Agreement for Electrical Motor and Pump Repair REFERENCES INVITATION TO BID # BI05-2115 Bidder shall submit as a part of the bid package, four (4) business references with name of the business, address, contact person, and telephone number. Name: Walt Disney World Address: P-0 Box 10,000 Lake Buena Vista, F1 TelephoneNo.: ( ) 407-560-2888 Fax No.: ( ) 4o7—,6n-22c)R Contact: Mark Craven E-mail: Mark. L . CravPn fact i SnPy _ rc)M Name: Rinker Center Hill Address: 530 West King Hwy. Center Hill, F1 TelephoneNo.: ( ) 352-793-5151 FaxNo.: ( ) 352-793-9296 Contact: Benny Collins E-mail: B.Collins@rinker.com Name: Mosaic Address: F t . Green Mulberry, Fl Telephone No.:( ) 863-428-2500 Fax No.: ( ) RF-�_422-1471 Contact: Don Ernst Name: MWM—south Address: 30940 Sundale Dr. Mt. Dara. F1 32757 Telephone No.: () 352-383-7148 FaxNo.: ( ) 352-383-0540 Contact: Michael 0 I n P 1 1 E-mail: modell@mwmsouth.com Office of Purchasing and Materials Management Page: 8 Annual Agreement for Electrical Motor and Pump Repair INVITATION TO BID # B105-2115 PROPOSED SUBCONTRACTOR'S LISTING This form is to be utilized to notify the City if the Proposer proposes to utilize any subcontractors in the performance of the Work as specified in this Invitation to Bid. SPECIFY BELOW EACH SUBCONTRACTOR TO BE UTILIZED: 1. Name/Company: N/A Address: Contact Person: Nature of Work: Telephone Number: 2. Name/Company: N/A Address: Contact Person: Nature of Work: Telephone Number: 3. Name/Company: N/A Address: Contact Person: Nature of Work: Telephone Number: 4. Name/Company: N/A Address: Contact Person: Nature of Work: Telephone Number: Office of Purchasing and Materials Management Page: 11 annual Agreement for Electrical Motor and Pump Repair INVITATION TO BID # BI05-2115 INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Electrical Motor and Pump Repair Item Unit No. Quantity Unit Description Price Total The Contractor is to provide to the City's Wastewater Division or other City departments when requested, electric motor and pump repair services in accordance with the attached Specification consisting of eight (8) pages at the rates as specified herein. LABOR RATES (SHOP) 1. 6,000 Per Straight Time Hours $26.45 $158,70C Hour Straight time is defined as being between the hours of 8:00 a.m. through 5:00 p.m. Monday through Friday. 2. 2,000 Per Overtime Hours $26.95 $53,900 Hour Overtime is defined as being between the hours of 5:01 p.m. through 7:59 a.m., Monday through Friday and any time Saturday, Sunday or during the holidays defined herein. LABOR RATES (FIELD) 3. 200 Per Straight Time Hours $ 26-4 S $ 5 , 290 Hour Straight time is defined as being between the hours of 8:00 a.m. through 5:00 p.m. Monday through Friday. 4. 100 Per Overtime Hours $26.95 $2,695 Hour Overtime is defined as being between the hours of 5:01 p.m. through 7:59 a.m., Monday through Friday and any time Saturday, Sunday or during the holidays defined herein. INSPECTION CHARGES (SHOP) 5. 200 Per The fixed price to inspect an electric motor or pump to $ 0 $ 0 Hour develop a cost estimate for its repair. Total Bid (this page) $220 , 58 5.00 Office of Purchasing and Materials Management Page: 12 Annual Agreement for Electrical Motor and Pump Repair INVITATION TO BID # BI05-2115 INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Electrical Motor and Pump Repair Item Unit No. Quantity Unit Description Price Total INSPECTION CHARGES (FIELD) 6. 200 Per The fixed price to inspect an electric motor or pump to $ _ 0 $ _ 0 Item develop a cost estimate for its repair. TOTAL OF ALL ITEMS BID $220,58-- 220,5s7. 7. N/A N/A PARTS Parts furnished by the Contractor shall be at Contractor's actual cost plus 10% (percent). Evidence of actual costs shall be required through submittal of actual invoices. NOTE 1: Holidays: The days listed below are considered holidays: New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day NOTE 2: QUANTITIES: THE ITEM QUANTITIES LISTED ON THESE INVITATION TO BID PRICING SHEETS ARE GIVEN ONLY AS A GUIDELINE FOR PREPARING YOUR BID AND SHOULD NOT BE CONSTRUED AS REPRESENTING ACTUAL QUANTITIES TO BE PURCHASED. NOTE 3: THE SUCCESSFUL BIDDER WILL BE REQUIRED WITHIN 15 CALENDAR DAYS OF AWARD DATE, TO PROVIDE ANY AND ALL LOCAL, STATE, AND FEDERAL LICENSES, APPROVALS, PERMITS, AUTHORIZATIONS AND/OR CERTIFICATIONS WHICH WOULD BE APPLICABLE FOR ALL SERVICES TO BE RENDERED DURING THE TERM OF THE AGREEMENT. Office of Purchasing and Materials Management Page: 13 Annual Agreement for Electrical Motor and INVITATION TO BID # BI05-2115 Pump Repair INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Electrical Motor and Pump Repair Item Unit No. Quantity Unit Description Price Total NOTE 4: SPECIFICATIONS: THE SPECIFICATIONS SHOWN ON THE ATTACHED INVITATION TO BID SHEETS ARE INTENDED TO REPRESENT ITEMS OF A QUALITY LEVEL KNOWN TO MEET CITY'S REQUIREMENTS. WHILE THE CITY ENDEAVORS TO PROMULGATE WRITTEN SPECIFICATIONS THAT ARE ACCURATE AND NON- RESTRICTIVE FOR BIDDING PURPOSES, THEY MAY ALSO REFERENCE AN ITEM BY MANUFACTURER'S NAME AND NUMBER. BIDDERS ARE CAUTIONED THAT IN THE EVENT OF A DISCREPANCY THEREIN, OR THAT THE MATERIALS BEING OFFERED DIFFER FROM THAT DESCRIBED, SUCH DIFFERENCE MUST BE TIMELY QUESTIONED OR NOTED IN THE BID IN ORDER THAT A FAIR EVALUATION MAY BE PERFORMED. NOTE 5: EACH CITY DEPARTMENT IS TO BE INVOICED SEPARATELY. EACH INVOICE IS TO SPECIFY ALL CHARGES (I.E. HOURS WORKED AT SPECIFIC RATES AND SPECIFIC MATERIALS UTILIZED WITH COST AND MARK UP). NO FIXED PRICE INVOICING IS ALLOWED. NOTE 6: THE CITY RESERVES THE RIGHT TO MAKE, IF IT IS DEEMED IN THE CITY'S BEST INTEREST A DUAL AWARD, ONE A PRIMARY CONTRACT AND TWO A SECONDARY CONTRACT. THE CITY WOULD ATTEMPT TO FURST USE THE PRIMARY AND IF UNSUCCESSFUL GO TO THE SECONDARY FOR SERVICE. IF THE PRIMARY CONTINUALLY FAILS THEIR CONTRACT WILL BE SUBJECT TO TERMINATION. 1. FOB Point Delivered Only 2. Terms of Payment (e.g.N et 30) NET 30 3. The City shall receive shipment or project completion notice within 1 days from the date Vendor receives Official Purchase Order or Notice to Proceed. Recheck your quotations prior to submission. Bids may not be changed after being opened. Office of Purchasing and Materials Management Page: 14 August 16, 2006 Mr. Jim Castin, Plant Manager Tampa Armature Works Orlando Service Center 3400 Bartlett Blvd. Orlando, FL 32811 SUBJECT: Extension Of Annual Primary Agreement for BI05-2115 (1) For Electric Motor And Pump Repair Amendment Number (1) Dear Mr. Castin: The subject Agreement will expire on December 22, 2006. In accordance with the terms and conditions of subject Agreement, the Agreement may, by mnhinl Pcepnt of the rnart;s-c he evtAnrlarrl fCr .an additlCnn1 t..'el.'e (1 2) nnnfll pe^.Od. The City has evaluated your performance during the past year and decided to extend the Agreement for an additional year effective December 23, 2006, at the existing pricing, terms and conditions. Please indicate your approval of this offer by executing the acceptance portion below and return the original of this letter to Richard A. Casohno at the address noted below by August 30, 2006. Upon execution below, this Amendment will be your official notice that the contract has been extended for one (1) year and no additional documentation will be required. Sincerely, rM .P.M. ACCEPTANCE urchasing & Materials Management Hot JM/RC Title OFFICE OF PURCHASING AND MATERIALS MANAGEMENT CITY HALL • 400 SOUTH ORANGE AVENUE • P.O. BOX 4990 • ORLANDO, FLORIDA 32802-4990 PHONE (407) 246-2291 • FAX (407) 246-2869 • http://www.cityoforlando.net Annual Agreement for Electrical Motor and Pump Repair ATTACHMENT "A" ELECTRIC MOTORS INVITATION TO BID # BI05-2115 The Contractor shall specify on this form which electric motors can be tested under maximum design load conditions at their facility or which subcontractors will be utilized. TAW can perform maximum load test on all motors 2000 HP and below. The Contractor shall specify on this form which electric pumps can be tested under maximum design load conditions at their facility or which subcontractors will be utilized. TAW can perform maximum load test on all pumps 168 HP and below. Office of Purchasing and Materials Management Page: 24 AugLISt 16, 2006 Mr. Jim Castin., Plant Manaeer Tampa Armature Forks Orlando Service Center 3400 Bartlett Blvd. Orlando, FL 32811 SUBJECT. Extension Of A dual Primary Agreement for BI05-21 IS {i} For Elecvr c Motor And Pump Repair Amendrneni Number (1) Dear Mr. Castin: The subject Agreement will expire on December 222, 2006: In accordance with the terms and conditions of suNect Agreement, the Af;;eetuert rxa „ by mutual assent of the pa-rtks, be extended for an additional twelve (1 -1), mouLh p" -nod. The City has evaluated your tcrformance during the past year and decid-d to cxterid the Agreement for an additional year effective December 23, 2006, at the existing pricing, terms and conditions. Please indicate your approval of this offer by executing the acceptance portion below and, r6turn the original of this letter tc Richard A. Casolino at the address noted below by August 30, 2006. Upon execution below. this Amendment will be your official notice that the contract has been extended for one (1) year and no additional documentation will b --required. Sincerely, J lVlead, C.P.M. ACCEPTANCE irector of Purchasing & Materials Management JIVRC Title a �s OFFICE-. OF P RC1L4-'L'QG ANTI) AIATERULS IVIA OiGE,MENT CITY HALL * 401 SOWH ORANGE AVENUE • P.0. 13OX 4990 • ORLANDO, F ORIDA 32802-4990 PHONE (407)246-2:91 • F.ik (40; ) 246-2869 .1^_ttp:l/w A,w.cityoforlando.net Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Consent Item 5 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: COOPERATIVE PURCHASE OF SANITARY SEWER LINING IN THE AMOUNT OF $171,755 DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the cooperative purchase proposal from Miller Pipeline Corporation for the relining of 5,441 linear feet of sewer lines in the amount of $171,755, as recommended by the public works director. Summary Explanation & Background: See attached memo for details and the street sections of sanitary sewer pipe that is to be relined. This is a budgeted item. I recommend approval. Exhibits Attached: Public works director's memo; City of Orlando bid City Manager's ffice Department PUBLIC WORKS/WWTP i cape m ydoc' s\admin\cou \meeting\2006\11-21-06\sewerlining doc M E M O R A N D U M TO: Bennett C. Boucher City Manager ,G� FROM: Ed Gardulski �`Y Public Works Director DATE: October 19, 2006 SUBJECT: City Council Agenda Item for November 21, 2006 Cooperative Purchase with the City of Orlando Sanitary Sewer Lining; Miller Pipeline Corp (dba Griner's Pipeline Services, Inc.) As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Five years ago the collection crew had identified problem areas and developed a plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform relining of sewer pipe and manhole repair of the City's sanitary sewer system. This year's project is a continuation of the City's I&I program. The streets scheduled for this year are attached. The projected cost for slip lining 4,666 MOL liner feet of 8" pipe is $139,980 (@ 30.00 LF), and 775 MOL liner feet of 12" pipe is $31,775. Cut out for laterals are included at no extra charge. The total amount of this year's project is $171,755. Funds have been budgeted for the Sewer Collection System Rehabilitation Improvements for this budget year in the amount of $200,000. The purchase of this service will be through a cooperative bid with the City of Orlando, Bid No. BI06-2118 and extended through January 16, 2007 awarded to Miller Pipeline Corp (dba Griner's Pipeline Services, Inc.) The City of Cape Canaveral had utilized Miller Pipe (Griner's Pipeline) Services last year and found the quality of workmanship satisfactory. Miller Pipe Corp (aba Griner's Pipeline Services) has verified the cost for this service. Recommend approving the cooperative purchase with the City of Orlando for service from Miller Pipeline Corp. in the amount of $171,755. Attachments CC: Walter Bandish, File 0 0 C; 0o G) Oi M T - 6R} O O U- 0 0 0 0 0 0 0 0 0 O O L O'O 0 o 0 0 o 0 o o o o 0 a o 6 0 6 6 0 0 0 0 0 0 0 0 M M M M M M M M M M M 4-0 d4 K} 69ff3�Ef3E2}(a(aE9}��K} = I �IOIO Lr)ILr)'itn 00 M 1`164;64 M co NICU M 0 LL Olo O rnI OIO�IMM M, M, I LO I I N I N I I boa0o l ao O C: M ~I rn I �. a E. M U U I ! a)32 O QI o i I ! I II I I j NI C! Y O j 0 m U)I � ��I ol O I �' �, 0' �: N! ca W L O L J Y �i i, U MMi C Lol u) Y j W 0 U U U i Qj��,� Q O I U ! N O 5 N N j L U (0 U CL 0 - - cu ca M o T i N I N I I boa0o l ao 00 00 0o bo 00 00 00 00 0o �! M U o i I ! I II I I j NI C! Y O j 0 m U)I � ��I ol O I �' �, 0' �: N! ca vi L, N O ail L O L O �+-I Y �i i, U MMi C Lol u) Y j W 0 U U U Qj��,� � a NON -DEPARTMENTAL EXPENDITURES 6308 FORCE MAIN REPLACEMENT LIFT STATION #3 FORCE MAIN ENGINEERING $ 10,000 LIFT STATION #1 FORCE MAIN REPLACEMENT 800,000 $ 810,000 - -11.0• • 91 MAN 1 EM • • PRINCIPAL PAYMENTS ON REUSE LOAN #CS120825030 FUNDS TRANSFERRED TO THE GENERAL FUND TO HELP DEFRAY THE COSTS OF ADMINISTRATION SERVICES PROVIDED BY THE CITY CLERK'S, THE CITY TREASURER'S AND THE CITY MANAGER'S OFFICE. 95 CITY OF CAPE CANAVERAL od2006-07 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND Od401-19-901 NON -DEPARTMENTAL EXPENDITURES 6308 FORCE MAIN REPLACEMENT LIFT STATION #3 FORCE MAIN ENGINEERING $ 10,000 LIFT STATION #1 FORCE MAIN REPLACEMENT 800,000 $ 810,000 - -11.0• • 91 MAN 1 EM • • PRINCIPAL PAYMENTS ON REUSE LOAN #CS120825030 FUNDS TRANSFERRED TO THE GENERAL FUND TO HELP DEFRAY THE COSTS OF ADMINISTRATION SERVICES PROVIDED BY THE CITY CLERK'S, THE CITY TREASURER'S AND THE CITY MANAGER'S OFFICE. 95 BI05-2118-05 ANNUAL AGREEMENT FOR SANITARY SEWER LINING AND MANHOLE REHABILITATION 71, THIS AGREEMENT, made this A4 day y of U , 2 b atween the City of Orlando, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "City" and Miller Pipeline Corporation, hereinafter referred to as the "Contractor", for fthe term specified herein, with the City having the option of extending this Agreement for another period of time, upon a mutual agreement of the parties, agree as follows: WITNESSETH: I. SCOPE The Contractor is to perform the Work as defined in the Invitation to Bid and amendments, if any, the Invitation to Bid and any amendments thereto being attached hereto as Exhibit "A", incorporated by reference -herein and made a part hereof as fully as if herein set forth. Unless otherwise specified herein, the Contractor is to furnish all materials, tools, equipment, manpower, and consumables to complete the Work. The Contractor is awarded the following line items as provided in Exhibit "B" under Group III, Items 22-29. H. TERM OF AGREEMENT The period of this Agreement shall be for twelve (12) months, beginning on January 17, 2006 and ending on January 16, 2007. This Agreement may, by mutual written assent of the parties, be ' extended for four (4) additional twelve (12) month periods or portions thereof, up to a cumulative total of sixty (60) months. III. COMPENSATION The Contractor agrees to provide the services, equipment and materials as specified in its bid to the ' City at the cost specified in said bid and amendments, if.any, the bid and any amendments thereto being attached hereto as Exhibit "B", incorporated by reference herein and made a part hereof as fully as if herein set forth. The amount as specified in Exhibit "B", may be increased or decreased by the City under the Extra Work provision of this. Agreement, through the issuance of an Addendum, if applicable. Any prices specified in this Agreement or Addendum thereto, will remain firm for the term of this Agreement or Addendum. The Agreement is authorized in the not to exceed amount of $200,000.00. No work shall be performed in excess of the not to exceed amount unless 1 of f 11 10/11/2006 WED 14:18 FAX 1 317 295 6410 MILLER PIPE LINE September 22, 2006 Mr. Mark Wallbom, Senior Vice President Miller Pipeline Corporation 8850 C.rawfordville Road Indianapolis, IN 46234 1001/007 SUBJECT: Annual Agreement for Sanitary Sewer Lining and Manhole Rehabilitation Service~, E106-2115 Dear Mr. Wallbom: The City of Orlando has amended the subject Agreement and enclosed is a fully executed copy for your records. If I can be of further assistance, please contact me at (407) 246-2897. Sincerely, Althea Pemsel, M.A., C.P.M. Purchasing Agent III Encl OFFICE OF PURCHASING AND MATERIALS MANAGEMENT CT -r -Y HALL - 400 SOUTH ORANGE AVENUE - P.O. Sox 4990 - ORLANDO, FLORIDA 32802-4990 TELEPHONE 407-2.46-2291 - TELEFAX 407-246-2869 - http://www.cityoforlando.net 1U/11/ZUUU WED 14;19 FAX 1 317 295 6410 MILLER PIPE LINE 2002/007 . ttuU-St-ua tau u4:ub 1 1, rrt t;r Ut UKLHNVU IUKUHRS1NU FM N0, 40-f 2462869 P. 03 AMENDMENT NUM19M ONIL TO AGREF.1YIENT 13I'TWEI�.N C11'Y OF ORLANDO AND MILLE'k PEP1;C.,1NK C:ORI'OitM-ION THIS AMENDMENT TO AGRETMENT is made mid c.-ntered into this 7 day of Se�tgmber , 2006, by and between the Cityof Orlando, it til micipal corporation organised and existing ander the laws of the State of Florida, hucinaficr resrcrrcd to as Lhe "City" atter M1I.1,ER PIPELINE CORPORATION, hcreinallor rererre d to :is the "Contractor"_ WTI[ F REAS, the City o Orlando 'Mid the C:otilractor uttered into an a- g:cement dated Ianuttry2y2UUG bearing City Contract Numbor 11106-2118-0---, ("tile A•grccment"); -tier W1114.31FAS, the parties desire to amend [lie Agreement to provide for the inclusion of certain Provisions velatod to disaster relict and rccovcry as set foilh below; NOW, THERE. ORE, in consideration of the nintual promises and covenrttlts contained liorcin, 111c partic;s agrcc; as follows: 1. The following provision *uid all referenced exhibits and attachments are hereby added to tltc.Agrccoicnt and shall bccome a part iltcreof as if fully scat forth therein: 1i111•1-1c:tnc mid Disaster ROW Futicting_ Contractor licrcl>y acknowledges and agil cs that vu; a result of Iturrlc ailCS or other natural or mail Inw.le disasters ("DIsasle:r F,vctlts"). the City of Orlando has or may in the Allure apply to tllc State of Florida or Federtl' govc nintent for funds which will be used to pay Contractor or reimburse- the; City for paymcuts made to Contractor under the Agreement. nceutdingly, with respect. to any and 111 goods, services, work or otlier matters performed or prUvided by Conttrtetor or its subcontractors under the Agruartient :trisittg frolll or related to a Disaster':vena (includilig bill. slot limited to disaster prep.-iration, recovery, repair, rcconstruction and rcpi lcctllcnt work), the Provisions of Exhibit "A" to this Amendinclit entiticd Itclicf atici Rccovcry Provisions" miached hereto :111(1 incorporated hercin by this referettc-e shall upply. 2. ltt ali other respects, rind except :U 5pCcifically modifled and atrlended herein, the Agreoment, shall corttintic in full force and effect .t:: writtcli and Clic parties hereto agrcc to he bound 111creby. d++E•+�+,p.k,p +M+t+pq:+A k,k4+*,µq,*1,*1K,r4=#=K*cy:4:**zr: -*a:*3:*:i,.k*:i:a7+1++1++k +hN+�f•Y+A+fi K t:,k�a �x u* t ���# ��xc� F� k�## S: iU/11/ZUUb WED ICH FAX 1 317 295 6410 MILLER PIPE LINE 2003/007 Kuu--si-ub Inu u4;ub en UY Ur UKUNUU PURCHASING FAX N0, 407 2462869 P. 04 IN WITNUSS WHH,1113-01-', 01-, the parties liereto il:tvu 11c1 -curt 0 set their hands and seals, an the date First ».'rillcll aihc)vc. U1-1:10:1:01" PURCIIAS1NG AND MA`1 E'lUALS MANAGEMENT C:1"['P(*'�-)IRILAND) l�LC)KYC)A fly:of l'urellasin ZZ _ JUN MEW), C.P.M.-- Natue.'I'yltctl or Printed 1):it _ _._.... �... c ✓, 2006 N L;y; Si gat Mark R! Wallb6m _._Senior V. N: iie & "riLk, Typed or Primed Miller Piinclirte C;orgoranokj _ Nalric of (;cmtp�my, Corp., etc. �850Sarawfordville Road___._ Mailing, Address President IttQian�po[is. Ii�I �€F234 _�_.... City, Stats and Zih 317 293 02711 F"x:_ 317 295 6410 Arc,,t Coda IVg3honoNumber SHIAL AT FEST': (Signature of sacund rori,urale Oil-Kial if zppiicabic) Nina Mann, Secretary NiUtll & Title, 'rypcd or Printed IU/ iii ZUUa wall ICA M 1 317 295 6410 MILLER PIPE LINE 8UG-31-Ub *I'HU U4: Ub Ffl CY O1: ORLANDO PURCHASING FAX N0, 407 2462869 COUNTY OF Marion f 004/007 P. 05 The (bregoing instnuncnt was acknowlcdsgcd Ucforc me this -3 ". day ofsen- emb�, 2446, by." ,- Mark R. Wa11.b om _ _ � . _...-.— artci . ^ Nina Mann._. _.. � _... trl)Cl _ _, cretaX yf!1'r respectively, and on b�!l)all'of Miller t iljcl}t��-- 1-10shtc/they (is) (arc) personally known to me (Typo of Identifications`) as idcntificWion and (did) (dict not) take an oath. WITNrSS my hand and official seal this _ 7 � d -1Y of ..._ , sas i- mrPr _ 2006. (SI:AI,) My C;onimi�sicm Expires: 2/14/08 Signa - 1 Crsoin'C:►k g Acknowlccl� Hent Typed, Printed or Surmiped Name of Pcrson Taking Acknowledgmcut Notary Public_ _ TitI&Rzink of Person Taking Acknowledgment "Acceptlblu Form of IU pursuant to Fluricla Statute 117.05 (pruvidcd it is current or has bcen issued witl3ln tho last 5 years and hears a serial or other identifying number): a driver's keens c or tion -drivers lD card issued by Florida or any other U.S. state or LI_S_ territory; 1111.S- passport or a foreign passlzort sCanipcd by the U.S. Immigration and Naturalization Service; • a U.S. military ID cacti; • a (�auatliaa or Mexican driver's license issu d by air official agency; m For an inmate in custody, art 1D card issued by the Florida Department of Cort-ectioiis; In ID caret issued by (lie U.S. Taira igration and NZIUut-aliiation Service. 3 lU/11/GUUU WED MH FAX 1 317 295 6410 MILLER PIPE LINE @ 005/007 6UG-31-U6 THU 04:07 PCI CY OF ORLANDO PURCHASING FAX NO. 407 2462868 P. 06 t.,Xill irr "A" TO AMENITME:NT Disaster Relief.rlid Recovery Provisions 1. It1tlimmity_of FundfnZ Elitilies. Contractor hercby agrees to indemnify and hold harmless the Statc of Florida. the Fedora l Government (including lout riot limited to the; Fadcral Emergency Manabernum Agency) and Ilio City, caul their officers, agents, employees and eluded officials, t'rom and against any and all iiabili>_y, claims, damages, demands, cxpci sc9, ieeS, fillcs, Penalties, suits, proceedings, actions, and cast of actions, including a.ttorncys' fees for trial and apival, and for the }reparation of same arising attt of the Cont1imor's, its officers', adent.�', employees- and subcontractors' acts or orliissions associated with Illi. Agrccincia. 2. Additional Remedies_ [n addition to any other remedies provided for in the Agreerrietit or to which the; City In.ty Lie enthled it law or ill equity, in the uVent of a breach or violation of the Agreement by Colilm, ctor, Contmetor shall be subject to dcL) lr or snsplension frond consideration for the award of additional contracts from the City, ittclttciitig but rlc>t limited to contracts related to disaster relief or ree:overy, IlUrsuant to the terms and procedures scat forth in Chapter 7 or Idle City Code_ 3. _i'crirlivalion for C.onyenlence. The City may tcl-minatc the Agreunent at Its, Convenlencc with or without c,'l sc upoil wvit(en notice elf Loriiiitlation to Corw-' ctor_ In 111c cvc,lt of sucll i; termination liy talc City, thc; City sliall leo lhiblc for the payment of all work properly perfomled prior to (lie: effective date of termivation and for all portions of rnatcrials, s111>plics, cervica, grid facility orders which 0,1119101 be cancelled anti were placcd prior to the effective; date, of termination and other reasonable costs associated with the termimation. NotwitImUtuding the preceding, mider no eircurustanccs shall the City he liable to Contractor (or lost profits or overhead Cor work, mawrials or services not perlorriled or delivered to the. City. 4.. %a zt_F'.trttilovi3zc>tt Opportunity. Conti -actor shall colnflly with Section 13.36(c) of Title 44 of the Code of Federal RQgill:uioivs entitled, "Emllergcllcy M inagcrncrrt and Assistance." In acidition, if the Agrcomertt is a construction contract in excess of tot) tltotlsttnd dollars ($10,000.00), Contractor and its subcontractors shall also comply with Executive Ordcr 11246 of September 24, 1965, entitled "Equal l a1 ployincnt Opportunity," as amc i dcd by Iixcctttivo Order 11375 of October 13, 1967, and as supplcnle tc d in Department of Tabor regulations (41 CVK chapter 00)_ To the extent that stacll Orders and regulations aj)ply and re:e1L11rC [Ile inchisioil of any language into the Agreement (including btit riot limited V, the lamlgutige containcd in 41 CFR 60-1,4(h) amid 60-4,3 if required), such language shall be tdccincd im.luded and rade a pert of tic Agreement as if filly reprodticed therein, S. Anti -Kickback. If the A,grccincttt is for con.tructioo or repair, Contractor 1111d its subcontractors shall Comply with and sliall take no actiort which would violate the Copchuld "Anti -Kickback" Act LS U,S.C_ 874) as stlplpluilctiLed in Department of Labor regulations (29 CFR Part 3). 6. D8Y1S_Bi1COr1 ACI_ 1f 111E Ajreemcm iii a c0llscrticli'011 COMMA to excels of two thousand dollars ($2,000.00) and if required by the applicable fcdcrai o'rant program legislation, Contractor and its stebcontrnctors shall comply with tllc provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplcnlcntucl by Dcpartnl<;at of Labor regulations (29, 'R Part S). 4 iui>.1/nU5 WED 14:19 FAX 1 317 295 6410 MILLER PIPE LINE BUU—s 1—Uta ThU U4 : U f N11 UY OF ORLANDO PURCHASING FAX N0, 407 2462869 R 006/007 P. 07 7. C_ontrad Work Hours and Sarety Staildards Act. Tf tlr(; Agrcoment is a construction contract in excess of two tholls:111d dollars ($2,000.00) or any oklicr tyllc of contract which involves the employment of mc'ch-anics or laborers in excess of two thousand five hundred dollars ($2,500.00), Contcactor aTld i(s siibcontramor5 shall comply with Sections 103 awl 107 of the C:oatract Work,liours and Safety Standards Pict (40. U, $,C._ 327-330) as supplemented by Mpartment of 1.abor replations (29 CFR Part 5). To the cxumt that such stacutca aud. regulations apply and require the; incursion of any language into the Agrccmesit, such 1:tnE;tr?i,o shall be doemcd included mid madc a part Of the Agreement as if fully rcplocktcm1 therein, S. Corm lance_with State and Federal Reporting Requirements. Contractor and its subcontractors Sllall comply with and the Agrccnicat is subject to the require- mems and regulations of the FWcral Elliergciwy Management Agency and the State of Florida, Department of Community Afrairs, pertaining - to: (i) reporting; (ii) patent rights witli respect to any discovery or invatUioa which arises or is developed in tate CQ1Titie afar 17t1r]Cr LIIC Agree;mont; and (iii) to copyrights and rights in dant, npplicAblo to contracts subject to paymotit or reimlturscii nt from funding made porsuant to x T)isastcr Relic:£FLIJ ling Agrc,tmom (or similar agrocmcnt) with the City. 9. Acct,:,:T to ftecor ds. Contractor and its subcontractors shall perntit .access by the State of 11orida, the City of Orlando, any requesting Federal agency, the Comptroller Gonoral of the 13nited States, or any of their duly atuthoriAcd representatives to any books, dominicn(s, papers, and records of the contractor and its subcontractors which arc dlrcctly Pertinent to the Agreement for the; l)trrl`)ose of snaking audit, mmTkinatiott, excerpts, '1114 transcnptions. 10. Itecord Re(enliou. Contractor and its subcontractors shall retain ;all records related to the Agrccment for f ve (5) years after reCall)t of final payment uudcr the Agreenicin and all other ponding matters rekited to tlic Agmr mcni arc chased. 11. l:nvirocttraelti l esrnlal.iotzs. IF the Agroonicat is in oxccss of one hun0red thvcrsand dollars ($100,000.()0), Coturector and its subcontractors shall comply with all applicahle stwidards, orders, or regtHmmc:nts issued uudcr section 300 of the Clean Air Act' (42 ll S_C_ 1857(h)), section 50$ of the Clean Wator Act (33 U.S.C. 1368), Executive Ordcr 11738, unci Fmvirouniental Protection ,agency regulations (4 -!LQ -'-R l�art­ 15,1. Contractor and its subcontrxtors !diall incojporate these requirements into all stibcontrac:ta in excess of 011e launched thousand dollars ($100,000.00). 12, I:rtei•�y 1i fticita�cv. C'olrtractor grid its subcorltracicara sil�ill Corllllly Wltll zli lal�filCl.>tory standards and politics relating to mics-gy effic:ic:ncy that arc comainrd itl the Stene of Flv►i;da ctrcrgy conservation plan issued in compliance wide clic; Energy Policy and Conservation Act Pub.L. 94: I(- S9 Stat_ 871). 13. 141IWA lteguircrtactrts_ For nll tyltcs of work cligible for reinibursetT mt under the Fed -ral Ili gliway Administtatiott Fmc%rency Relief Program, C;omractor ,md its subcontractors shall comply with all aplzlicabic roquircments coutsined in FMA Form 1273, a copy of which is ttWiChcd hereto alid iricorha.aicd herein by this mfcmnco :u Attachment 1 to this Exhibit. Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Consent Item 6 No. This is a budgeted item. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL FOR CURB REPAIRS IN THE AMOUNT OF $43,500 DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the approval of the proposal from Mudrak Engineering & Construction Company in the amount of $43,500 for curb repairs, as recommended by the stormwater administrator. Summary Explanation & Background: Approximately 1,500 feet of curbing in the areas scheduled to be resurfaced need repair or replacement as outlined in the attached memo. This is a budgeted item. I recommend approval. Exhibits Attached: Public Works Director's memo City MTnw Office_- Department PUBLIC WORKS/STREETS ca im\ nts\admin\council\me \2006\11-21-06\curb.doc Memo To: Bennett Boucher, City Manager Through: Ed Gardulski, Public Works Director ,,:OA From: Jeff Ratliff, Stormwater Administrator Date: November 14, 2006 Re: Agenda Item for November 21, 2006 Curb Repairs Prior to Street Paving The City of Cape Canaveral (City) has contracted with Mudrak Engineering & Construction Company (MECC) on March 21, 2006 to perform continuing miscellaneous concrete services. Prior to the planned paving of City streets, approximately 1,500 feet of curbing requires repair/replacement. The City has prepared an inventory of curbing requiring repair/ replacement (attached list). MECC has provided a cost estimate of $43,500.00 ($29.00 per foot) to perform the curbing repair services. This concrete curbing work has been budgeted for FY2006-2007 under General Fund - Streets Department (6300). Recommend: City Council approval of the curbing repair services with MECC in the amount of $43,500.00. 0 Page 1 CITY OF CAPE CANAVERAL 2006-07 FISCAL YEAR BUDGET GENERALFUND- STREET 001-7-541. ICODEJ DESCRIPTION I DETAILED JUSTIFICATION 3140 PHYSICALS PRE-EMPLOYMENT PHYSICALS 4100 COMMUNICATIONS SERVICE TELEPHONE SERVICES-NEXTEL AND BELLSOUTH MINI 4320 STREET LIGHTS ELECTRIC SERVICE FOR STREET LIGHTS AND TRAFFIC SIGNALS. 4610 BUILDING & GROUNDS REPAIRS AND MAINTENANCE TO THE CITY BUILDINGS AND MAINTENANCE GROUNDS. THESE INCLUDE CITY HALL, THE ANNEX, VARIOUS PARKS, BASEBALL FIELD AND YOUTH CENTER. r d 5100 OFFICE SUPPLIES OFFICE SUPPLIES. � 5230 UNIFORMS & SHOES UNIFORM SERVICE AND SAFETY SHOES FOR EMPLOYEES _ � 5 f �. �_l llly,�; CmIs) m 5250 SMALL TOOLSHAND AND ELECTRIC TOOLS. wo 5320 TRAFFIC LIGHT REPAIRS REPAIRS TO TRAFFIC SIGNALS. ITIF �� G .,_ � n _ 5400 MEMBERSHIPS & TRAINING REGISTRATION FEES FOR VOCATIONAL SEMINAR AND TRAINING/RESOURCE MANUALS FOR EMPLOYEES. PITAL G K VA �lo All<c h 6400 MACHINERY & EQUIPMENT WWTP SERVER $ 3,000 35 Nov 14 08 M52a Contract Agreement November 14, 2006 hludrak Engineering and Construction Ca. Dale Mudrak P.E., President (Lic. 4 CB C060403) 21522 Hobby Horse Lane Christmas, FL 32709 Tel 407-568-1833 Fax 407-568-1833 P.1 To: bfr. Jeff Ratliff City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32-920-326 TEL 321-868-1240 FAX 321-868-1233 Scope of Services: We propose to provide all labor and materials necessary to remove and replace 1500 fee -c of cLabing in the city of Cape Canaveral. This will include removal and disposal of existing c-irbing and pouring new concrete curbing. The location of this removal and replacement is 88 locations as shown on the attached plan. Each location varies from 9 to 70 feet in length with an ave -age of 17 feet. Cleat-Tup and disposal of old concrete curbing is included. Legal Description: (legal description to be provided) City of Cape Canaveral We propose to furnish all material and labor in accordance with the above specifi.::ztiOTts fo_ the S"LT, of Forty -'Three Thousand, Five -Hundred Dollars and 001100 (543.500.00) Payments to be made as follows: Progressive payments as work is completed. Fell payment is du? -M&h n 15 days ofcornplction. / 9 Contractor's Signature: Acceptance of proposal, the above price, specifications, attach -.d general conditions and itemized quote are satisfactory and are hereby accepted. You are authorized to do Nvurk as specific-xa. Payment will be made as outlined above. Owner's Signature: Date: Nov 14 D6 06:52a General Conditions P2 I . Avry alteration or deviation from the specifications. including but not limited to an alteration involving additional materials and or labor, varill be executed only upon a written order s`.gned 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, cont actor may suspend work on. the job until such tune that all payments due are made. Failure to make payment for a period in excess of 1 ti days from the due date of payment shall be deemed a material breach of this contract. 3. Work shall be completed in a workrnar.-like manner and in compliance with all building o-oJcs and other applicable laws. 4. To the extent required by law, work shall be perforraed or admiristered 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 instances remain responsible for the proper completion of this contract. 6. The Contractor shall furnish Owner appropriate releases or waivers of lien for ail vvurk performed or materials provided at the time the next periodic payment is due. '. 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 beyond his control including weather conditions, strikes, casualty or general unavailability of materials. 9. The contractor warrants work for a period of 12 months follotiving completion. 10. The. contractor represents that it has purchased and agrees that it will keep in force for the duration of the work in a company lawdiilly authorized to do business in the state of Fl,:-nda. such insurance will protest the contractor and owner of the site, from c-' m.s for lass or injury ivMch might arise out of or result from the contractors operation under th:s project; weather such operation be by the contractor or by a. subcontractor or its subcoutra,: tor, The contractor represents and agrees that said insurance is written for and shall be maint4irtol ki an amount not less than the limits of the liability rezluired 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 materiAs beyond 5Q'C- shall be passed on. to the owner, 13. In the unlikely event that Mudrak Engineering and Construction Company, is required to file -:�i v-il action or institute any collection efforts against the customer, the customer agrees to pay any &-ndf all vosts, fees. expenses, and attorney fees incurred by Mudrak Engineering and Constructior_ Company, regardless of weather suit is actually filed and including but nat limited to arvy and zlI costs, fees. expenses: and attomey fees incurred on kopeal or in any post judgment collection efforts or proceedings. 14. Proposal is good for GO days_ Nuv 14 X 06:53e P,- Curb Inspections Date SitelPhoto No. Curb Feet Miami Curb? Nates 02113/06 2 9 118 WasmNion 02114M6 4 21 12SY>dashir,Eton ' 5 18 y 427 Washlncion " 6 9 Washkow & Rosalind " 7 18 Washington & Ridgewood (NE) " 8 20 i 60G Washirlgton - Souttrside of Park " 9 18 Adams & Presidential - Southeide " t 0 12 y Adams & Fresicientia. - Southside i 1 9 Adarre & Pansetta (NUb) •' 12 18 V 126 Adams " t3 27 x123-125 Adams 14 9 y Jeffersar; & Polnsals (SW) 1S 9 y Jefferson & Orarge (NUL) " 1t 9 y Jefferson & Magnoks (SW) " 17 9 405 Jefferson " 1e 9 445 Jefferson 19 18 y 610 Madison " 20 y Madson & ?oinseita (NW) " 22 18 Madison & North Atiar W - Souttrsid'e " 23 9 y Monroe Polnaetts (SW) 24 9 Men,ve & Magnolia (SE) 25 9 560 Monroe " 26 18 Munroe 8 Rings vod (NW) +0204!06 27 Ridgewood (SW) 0115/1]6 26 10 Jackson & Magnalla (NEI " 29 10 Jackson & Ridgemn pd (N E) " 30 12 50I Jackson (Orvem.y) 31 10 5G8 Jackson " 32 30 551 Jackson (Sea Jade Er4rance) " 33 30 531 Harrison ("'reasure Beach) " 34 18 Zi Hardsoa & Ridgewood fNVV) " 35 9 Harrison & Ridgeruood (SW) 36 18 422 Harieon 37 1S HaftDn & "rtoiia (tW+t') 38 12 Harrison & Orange (BE) 39 10 Tyler S Ridgewood (NW) " 40 10 515 Tvter (Caneveral rowers; " 41 to 500 Polk (NorthsidA) y " 42 1 10 501 Polk (SoWtude) 433 20 y Polka Poinse'.te (8F` 44 10 Polk & r'oinsetta. (SW) " 45 20 Polk 2 City Hall Amex " 46 21 y Taylor & Poinsetta (SWL-. 47 18 Ta)br & Poinsedta (NVr') " 48 29 V Talar & fJ meas (S5) F!ilflrOfAf pG1fISC+tCdr'SIN, 50 9-1 4119 FHirnore Nov 14 36 06:54a P. Z- 51 IC '/ Pierce & Poinseft (NE) 52 22 205 Pierce 53 20 206 Pierce " 54 9 Pierce & Orange 42'15106 55 4 41C Pierce O?J16106 56 9 Johnson & Orange ;N`I4; 56 g Poinsela & Adams (N,No ° 59 60 8001 Poinset a S0 5 Pob-meta & fdadiscn (SVV) 51 a Poinsetw 8 mcme (NW; ° 62 5 Polnset.a & JacMcn (SVV) 63 8 Poinsells & Taylor (NW) " 64 10 Poinsetta & Taylor (SW') 55 7 Orange & Johnson {W.N) 66 i0 701C Orange " 67 18 Crange & Pierce (NE) " 68 5 Orange & Pierco(4W) 69 5 Orange & .ieffersnn (,NM 70 8 aranye & Jefferson (5W) 71 30 8203 Magnolia " 72 5 Magnolia & Madison (SW) 73 10 Magnolia & Tyler (SE) L1:116.'00 74 8 Magnolia & Taylor (SVV) 02117106 76 30 7660 Poinsette " 76 40 7851 Poinsetta " 7; 10 $356 Rosalind 76 20 8355 Rosalind 79 5 MC Fksalind (@ storm drain) SO 40 Rosalind (entry to Lindsey Court) " 81 20 210 Caroline - NodhsW " 82 10 294 Gnandier " 84 TO 215 Circle -- -_— 65 40 — 215 Circle " 86 50 I 2S3 Gude 67 27 251 Cifde 88 10 293 Canavert Beach 69 9 240 Cana'mW Beach (metiaii " 90 10 245 Canavera; Beach " 91 10 R; 8520 Canaveral ("wdian) " 83 10 `( 8513 Canaveral 43 10 Carlavard P. Z- Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Ordiinances-l' Reading Item No. 7 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 at first reading, 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 and establishing an amortization schedule. Summary Explanation & Background: Please note: the following ordinance sections need to be completed by City Council: 110-275(a) - Insert Date 110-295(a) - Insert Date 110-315(a) - Insert Date 110-485(a) - Insert Date 110-485 (c)(1) - Insert Dates 110-485 (c)(2) - Insert decision making body or person 110-485 (c)(7) - Insert decision making body or person and insert date I have attached the state resort dwelling license information and application as well as other information relating to this issue. Please advise. Exhibits Attached: Ordinance No. 19-2006; Supporting Documents City M s Office Department LEGISLATIVE ca myd umen s in\council\meeting\2006\11-21-06\19-20'06.doc 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 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. 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 US. 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 EconomicAnalysis 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 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): 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 consecutive calendar days is prohibited. However, any dwelling being utilized 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 Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03, Florida Statutes, shall be subject to the amortization provision in section 110-485 of this Code. - 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. (aa) 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. However, any dwelling being utilized as a transient commercial use, City of Cape Canaveral Ordinance No. 19-2006 Page 3 of 8 which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03, Florida Statutes, shall be subject to the amortization provision 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. R-2 inedinin density residentiai district, aff 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. However, any dwelling being, utilized 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 Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03, Florida Statutes, shall be subject to the amortization provision 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. (c) fit tire R-3 treditim density residential district, all All other uses and structures not specifically or provisionally permitted in this division are prohibited. City of Cape Canaveral Ordinance No. 19-2006 Page 4 of 8 ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Mama Sec. 110-485. Dwellings; transient commercial use; amortization schedule; extensions. (a) Any dwelling which is subject to this section shall cease operating as transient commercial uses within one (1) year from (INSERT DATE), and shall thereafter be used in a manner consistent with the zoning district applicable to the property where the dwelling is located. Owners of any dwelling which is eligible for amortization under this section shall provide written proof of state license and payment of applicable state transient rental taxes. (c) Extensions. Owners of dwellings subject to this section who cannot reasonably recover their allowable unrecoverable costs within one (1) year after (INSERT DATE) may file a written request for an extension on the grounds that the one (1) year amortization period is insufficient with respect to an individual transient commercial use. Such extension request shall be filed with the City anager within ninety (90) days from (INSERT DATE). Failure to file a request for an extension within said time period shall bar the filing of an extension. The amortization period is to be determined by (INSERT DECISION MAKING BODY/PERSON) using the following formula: Allowable unrecoverable costs divided by annual transient commercial use income equals the number of amortization years, or fraction thereof. The owner of the dwelling has the burden of proof by preponderance of the evidence to present sufficient documentation evidencing the values for allowable unrecoverable costs and estimated annual income. Allowable unrecoverable costs means those costs that are specifically related to managing a transient commercial use. Allowable unrecoverable costs must be costs incurred for the sole use in the transient commercial use. Such costs include but are not limited to: costs associated with state licensure (safety signs, fire extinguishers, etc.): kitchenware (silverware, pots, pans, dishes, etc), linens and bedding (tablecloths, sheets, pillows, etc) and furniture (beds, couches, chairs, etc). Such costs must have accrued within five (5) years before the effective date of this ordinance. Additionally, such costs must be depreciated 20 percent (20%) per year. City of Cape Canaveral Ordinance No. 19-2006 Page 5 of 8 Allowable unrecoverable costs does not mean costs that add value to the property despite its use. Such ineligible costs include but are not limited to: roofing repairs; landscaping, including_ paving_ pools, hot tubs and jacuzzis, room expansions; remodeling; and air conditioning systems. Annual transient commercial use income means the income received from rents of the transient commercial use minus expenses incurred solely for operation of the transient commercial use. Expenses for operating the transient commercial use include but are not limited to: mortgage interest for actual rental periods; commission to a rental agent; utilities, ordinary maintenance (not major repair); and cleaning services. Expenses not directly related to the operation of the transient commercial use such as mortgage interest for non -rental periods are not to be included in the calculation of transient commercial use income. In determining the amortization period, the (INSERT DECISION MAKING BODY/PERSON) shall consider any bona fide contracts entered into before (INSERT DATE) for violation with the Impairment of Contracts Clause, Article I, Section 10 of the Florida Constitution and adjust the amortization period to lawfullX address the term of the existing contract. 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 strikcon 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 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: City of Cape Canaveral Ordinance No. 19-2006 Page 6 of 8 Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentals of less than seven days me pohibited. 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, DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT 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 dvvelfing anit rentals of iess thmi seven days are expressly prohibited. City of Cape Canaveral Ordinance No. 19-2006 Page 7 of 8 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. 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. 19-2006 Page 8 of 8 Application for Resort Dwelling Amortization Pursuant to City of Cape Canaveral Ordinance 19-2006 Resort Dwelling Address: Owner Name: Owner's Mailing Address: Contact Phone Number: DBPR License #: (attach copy) Sales Tax Certificate #: (attach copy) Are you requesting an impairment of contracts adju (If yes please attach copies of the contracts) Amortization Total Allowable Unrecoverable Costs from As defined in section 110-485(c)(4), City Code. Please state the number of worksheets attar Total Rents Received Annualized ("Re As defined in section 110-485(c)(6), City Codi Please attached documents relied on ti How many supporting Total Allowable Expenses An As defined in section 110-485(c)(6), Adjusted from attached worksh Please 10-1 Il re equals I hereby ce best of my knowledge. ent L ula in years or fraction of years: divided by [Rents ( ) minus Expenses ( )] of the information contained in this application is true and correct to the Date: Signature Printed Name Applicant must prove by preponderance of the evidence. City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance No. 19-2006 Clarifying The Intent Of The R-1, R-2, and R-3 Regulations Residential Zoning Districts At the Planning & Zoning Board meeting, held on September 27, 2006, by a vote of three for and two against, the Board recommended approval of the above referenced proposed ordinance. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaverai0cfl.mcom 0 W w 5 W w W U) Z W U J Q Z W 2 0 c m ca cOA dr a C0�N �' a) oc C 0 N `� an d N C O� N N a L O ) a o 0 O O cc CA fa OL = ami 0 d 0 0 �C 0 civ a C N cOu -0 O E U -a co cca O C- c0 L a t C Q U C cC ° ° p lc� c cA p a - L O L c U p E N L a) ° �+ .0 p L o ca a) a O E L .�- 'N a) to O = O a) fa ;_ O �, U Ca >_.._ o cu EEoj,o o Tom coo �� �_ c Ea U m ��w cu o �� E cco (D >, U) c a) ° c °a Lp d d v0- co N Co N L p p •E U o L U O a) C 0� C 7: N cn ° 3co a O rn -0 >'o E °- oa o c o Y o o rno c a) aXi E c �' a 3 c N c c >;o U ca ao- c o c a°) a) cn = U c (?o °- a`°im -0 32 aa))E �cac>Lo00 a)0 CN 0 Qat �� Cc >, cu E cc c o� �� o E o o. _ ca >,a) cam v co� m o a} E v cn a) U� w o o �, ° a Xa cv �,c cn cn m o E'c o n"� 3�' ca) a°)vm o�'0ccaECc(n rnUm Ec) mo w ca a,_ U N O O D cA a) O m-0 L a �. cA cn C cO L O w E p ` X o E o L c > O) w O a; orn .r °) c °) E 0 -a c c a) °c cA� C. cma) 0c�U -0 .0 E.Ew xa) aa)�o �a)� �-0 = oa)E CL E—� :2 c°== Lo oa a LEo a)c c� ca) 70 Ea) C=o°) cCA�- ai3 (nL 0U) Ec Z'>a)Q oCa a) fa C LL C �, .� fa "� a) O -0 C- O .N a) Q) U C Q) O m o C c r,� -Z m mU) c �� ESO Cc -0 4) CU Lcn caa.>L �m0 F- co Qw Q v c � 0 Q� Q a)c� cn c� w O a) f- a) m ° i Q i ° • (A • O • E L • r.. 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C:..i U mem N ^icy J UN a) LL 7 V m a) a7 O V 0 >. m e - m c m N Li '` L E y U m m - a) 0 C '` a+ a) O m C L a y m y C 7_ (p n o o 8 U c z D CO lh d U x 0 0 co v LL U 20 v N 0 U 0 coO O N M LO N Cl LO E 0 LL CL m 0 INSTRUCTIONS FOR COMPLETING DBPR HR— 7028 DIVISION OF HOTELS AND RESTAURANTS APPLICATION FOR RESORT CONDOMINIUM OR RESORT DWELLING LICENSE Application begins on page 5 Welcome to the Division of Hotels and Restaurants! Our goal is to provide fast and courteous service. Please read the following information before completing the Application for Resort Condominium or Resort Dwelling License. Please read these instructions carefully. Any questions regarding the completion of this application should be directed to the Department of Business and Professional Regulation's (DBPR) Customer Contact Center at 850.487.1395. Information is also available online at www. MvFlorida. com/dbpr > Hotels and Restaurants. GENERAL INSTRUCTIONS WHO NEEDS A RESORT CONDOMINIUM OR RESORT DWELLING LICENSE? If you are planning to operate a public lodging establishment in Florida, you will need a license from the Department of Business and Professional Regulation, Division of Hotels and Restaurants. This form is to be used for applying for a license as a resort condominium or resort dwelling. A license cannot include both resort condominiums and resort aweinnas. Hccoraina to state iaw: Resort condominium -A resort condominium is any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less. [§ 509.242(1)(c), Florida Statutes (FS)] Resort dwelling -A resort dwelling is any individually or collectively owned one -family, two-family, three-family, or four - family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or one calendar month, whichever is less. [§ 509.242(1)(g), FS] "Condominium" means that form of ownership of real property created pursuant to this chapter, which is comprised entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided share in common elements. [§ 718.103(l 1), FS] "Cooperative" means that form of ownership of real property wherein legal title is vested in a corporation or other entity and the beneficial use is evidenced by an ownership interest in the association and a lease or other muniment of title or possession granted by the association as the owner of all the cooperative property. [§ 719.103(12), FS] "Dwelling Unit" -- The term "dwelling unit" as it relates to the definition of resort dwelling in paragraph 509.242(1)(g), FS, includes duplexes, triplexes, quadruplexes and townhouses that have four or less units collectively. [Rule 61C-1.002 (4)(c)4., Florida Administrative Code] "Timeshare plan" means any arrangement, plan, scheme, or similar device, other than an exchange program, whether by membership, agreement, tenancy in common, sale, lease, deed, rental agreement, license, or right -to -use agreement or by any other means, whereby a purchaser, for consideration, receives ownership rights in or a right to use accommodations, and facilities, if any, for a period of time less than a full year during any given year, but not necessarily for consecutive years. [§ 721.05(37), FS] Please direct any questions regarding the need for licensure to the DBPR Customer Contact Center at 850.487.1395. APPLICATION REQUIREMENTS Before submitting the application, please complete and attach the following items: 0 Beverage License (if applicable) - Contact the Division of Alcoholic Beverages and Tobacco for an application. Contact the Division of Hotels and Restaurants for signature at a satisfactory opening inspection. Send the approved Division of Hotels and Restaurants inspection form with the appropriate application to the Division of Alcoholic Beverages and Tobacco. 2006 June 30 www.MyFlorida.com/dbpr Page 1 of 10 DBPR HR -7028 — Division of Hotels and Restaurants Application for Resort Condominium or Resort Dwelling License ❑ Florida Sales Tax Number or proof of exemption - Contact the Department of Revenue, Sales Tax Division, at 1.800.352.3671. For additional information, please refer to hfr)://www.state.fl.us/dor/. ❑ Federal Employer Identification Number (FEIN) - Contact the U. S. Internal Revenue Service for an FEIN application (SS -4) at 1.800.829.4933, or download the application from the Internet at: hftp://www.irs.ustreas.gov/formspubs/index.html. ❑ Social Security Number or Individual Taxpayer Identification Number (ITIN) - The Internal Revenue Service assigns an ITIN to individuals who are not eligible for a social security number due to their status as an alien. Each ITIN begins with the number nine and is formatted in the same configuration as a social security number (900-00- 0000). This number is available to alien operators upon the approval of their IRS form W-7, Application for IRS Individual Taxpayer Identification Number application. To obtain the form, contact the IRS at 1.800.829.4933 or download the form from the Internet at: http://www.irs.ustreas.00v/formspubs/index.html. The IRS will process the application for an ITIN within five to six weeks. ❑ Completed form DBPR HR -7028, Application for Resort Condominium or Resort Dwelling License - The application (available online at www.MyFlorida.com/dbr) > Hotels and Restaurants) must be completed in its entirety, including signature, before the licensing process may continue. If the public lodging establishment is NOT a resort condominium or resort dwelling rented transiently, please complete form DBPR HR -7027. Application for Public Lodging License instead of this form (refer to that form for definitions of those license types). Any omissions will result in the application being returned and a delay in the issuance of the license ❑ Completed form DBPR HR -7008, List for Collective License or DBPR HR -7009 List for Single or Group License - State law requires the licensed agent or operator to notify the division of any and all condominium units or dwelling houses or units represented for inclusion in the license application using one of these forms. Refer to the explanation for Section 4 of the license application to determine which form is appropriate for the license type. ❑ Completed form DBPR HR -7020, Certificate of Balcony Inspection - This is the current form used to satisfy the requirements for balcony certification. Rule 61 C-3.001(11), FAC, states, in part: a) As provided in section 509.2112, FS, every public lodging establishment which is 3 or more stories in height, or which has a vertical distance of 17 feet or more from the lowest grade level to any balcony must submit to the division a certificate stating that any and all balconies, stairways, and railways have been inspected by a person who, through education and experience, is competent to inspect multi -story buildings and found by such person to be safe, secure, and free of defects. The term "balcony" is defined as a landing or porch that is accessible to or used by the public and shall include those portions of a building which are unenclosed, except by a railing, guardrail system, balustrade, or parapet. It shall also include those portions of a building which are enclosed by screening, or other non -permanent building material. (b) It is the responsibility of the operator to verify the facts and credentials establishing the competency of the multi -story balcony inspector. Such verification shall be clearly stated on the applicable form. (d) The certificate shall be received by the division and the applicable local governmental agency or office from hotels and motels on or before January 1 of every third year and from other public lodging establishments on or before October 1 of every third year. (e) The operator shall keep a copy of the Certificate of Balcony Inspection, stamped with the date it was received by the district, available for inspection upon request. (f) Upon change of ownership, a new certificate of balcony inspection shall be filed. ❑ Appropriate Fees — An automated fee calculator is provided for your convenience at www.MvFlorida.com/dbpr/hr. If you are unsure of the fee, please contact the DBPR Customer Contact Center at 850.487.1395 for the correct license fee amount. In addition to the license fee, there is a one-time application processing fee of $50. For convenience the license fee and application processing fee may be combined in a single check or money order made payable to the Department of Business and Professional Regulation. The division does not accept cash payments. 2006 June 30 www.MyFlorida.com/dbpr Page 2 of 10 DBPR HR -7028 — Division of Hotels and Restaurants Application for Resort Condominium or Resort Dwelling License ❑ Mail Applications and Fees — When you have completed the application and supporting documents above, mail them with the appropriate fees (license fee and $50 application fee) to: Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0783 Reminder: An incomplete application will result in the application being delayed or denied. Please allow at least 30 days for processing after mailing. ADDITIONAL INFORMATION For additional information, please refer to the following publications: ■ Guide to Public Lodging Establishment Licensing (DBPR Form HR 5030-028) ■ Guide to Resort Condominium Licensing (DBPR Form HR 5025-752) ■ Guide to Resort Dwelling Licensing (DBPR Form HR 5025-753) INSTRUCTIONS FOR COMPLETING THE APPLICATION SECTION 1 — LICENSE TYPE Choose one box that most adequately describes the planned establishment. Section 509.242(2), FS, states: If 25 percent or more of the units in any public lodging establishment fall within a classification different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the 25 percent or more units which differ from the classification under which the establishment is licensed. The definitions of resort condominiums and resort dwellings are provided on the first page of this application packet. SECTION 2 — APPLICATION INFORMATION ❑ Application Type — indicate the type of application to be processed. For newly constructed establishments or facilities converted from another previous usage, choose "New Establishment." For all establishments that were previously licensed, choose "Change of Ownership." ❑ License Number —for applications for change of ownership, please indicate the previous license number if known. This information will facilitate the processing of the application. ❑ Federal Employers Identification Number (FEIN) — required for business/corporate applicants ❑ Social Security Number — at least one social security number is required. Under the Federal Privacy Act, disclosure of social security numbers is voluntary unless specifically required by federal statute. In this instance, disclosure of social security numbers is mandatory pursuant to Title 42 United States Code, sections 653 and 654; and sections 409.2577, 409.2598, and 559.79, Florida Statutes. Social security numbers are used to allow efficient screening of applicants and licensees by a Title IV -D child support agency to assure compliance with child support obligations. Social security numbers must also be recorded on all occupational license applications and are used for licensee identification purposes pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform Act), 104 Pub.L.193, Sec. 317. ❑ Opening Date — please indicate the date the establishment will be opened for business. SECTION 3 — MAILING INFORMATION Complete the mailing information as completely as possible. Incomplete information will result in the application being delayed or denied. ❑ Owner Name — individual or organization that currently owns the establishment. For establishments owned or operated by partnerships, corporations or cooperatives, please attach a separate sheet or sheets listing the name, address, and social security number of each person who owns 10% or more of the outstanding stocks or equity interest in the licensed activity. Also include the name, address, and social security numbers of each officer, director, chief executive, or other person who, in accordance with the rules of the issuing agency, is determined to be able directly or indirectly to control the operation of the business of the licensed entity. (Required) 2006 June 30 www.MyFlorida.com/dbpr Page 3 of 10 DBPR HR -7028 — Division of Hotels and Restaurants Application for Resort Condominium or Resort Dwelling License ❑ Routing Name — if correspondence should be mailed to a different name than the owner, such as a management company, please indicate in the space provided. (Optional) ❑ Street Address or Post Office Box, City, State, Zip Code, Florida County (if applicable), Country — address of record for purpose of official communications from the department. (Required) ❑ Phone Number (Required) and Extension (Optional) — primary contact number for questions or concerns about the application. ❑ E -Mail Address — additional means of contacting applicant. (Optional) ❑ Fax Number (Alternate phone number) — additional means of contacting applicant. (Optional) SECTION 4 — ESTABLISHMENT LOCATION INFORMATION Complete the establishment information as completely as possible. Incomplete information will result in the application being delayed or denied. ❑ Establishment Name (Doing Business As [DBA]) — the proposed name of establishment. If the establishment is part of a chain, please indicate a unique identifier (e.g., Hilton #3, Marriott Tallahassee). (Required) ❑ Street Address, City, Zip Code, Florida County — address of the establishment. (Required) ❑ Phone Number and Extension, E -Mail Address, Fax Number — alternate contact information if available. (Optional) SECTION 5 — LICENSE MODIFIERS Classification: Resort condominiums and resort dwellings are classified in three ways that are defined in Rule 61C- 1.002, Florida Administrative Code (FAC). A license cannot include both resort condominiums and resort dwellings. Check the license class that best describes the establishment. (Required) ❑ Single --A single license may include multiple units within a building or group of buildings owned and operated by an individual person or entity, but not an agent licensed under Chapter 475, FS. In the case of a single license, the owner of the unit or dwelling shall be responsible for all violations pursuant to Chapter 509, FS, and Chapters 61C-1 and 61C-3, FAC. ❑ Group -- A group license is a license issued by the division to a licensed agent to cover all rooms or units within a building or group of buildings in a single complex. A group license shall only cover those rooms or units which are held out to the public as a place regularly rented to guests as defined in Chapter 509, FS. In the case of a group license, the licensed agent shall be responsible for all violations pursuant to Chapter 509, FS, and Chapters 61 C-1 and 61 C-3, FAC, if violations occurred while the unit or dwelling was listed under the licensed agent or as reflected in records filed with the division. ❑ Collective -- A collective license is a license issued by the division to a licensed agent who represents a collective group of rooms or units found on separate locations of resort condominiums or resort dwellings. A collective license may not be issued for more than 75 units per license and is restricted to counties within one district. In the case of a collective license, the licensed agent shall be responsible for all violations pursuant to Chapter 509, FS, and Chapters 61C-1 and 61C-3, FAC, if violations occurred while the unit or dwelling was listed under the licensed agent or as reflected in records filed with the division. Number of Units: List the number of rental units being licensed. This directly affects the license fee. Seasonal: Please answer this question. If the facility is intended to operate for a limited amount of time each year (i.e., seasonal), indicate approximate start and end dates for operation. (Required) SECTION 6 — LODGING INFORMATION Complete these questions to the best of your ability. Some of these items may be required according to the rule or code governing the type and size of establishment. This information is for statistical recordkeeping by the division. (Required) SECTION 7 — ADDITIONAL INFORMATION Complete the remaining questions. Remember that an incomplete application will result in the application being delayed or denied. (Required) SECTION 8 — SIGNATURE Please print name and title, and then sign and date the application before submitting. (Required) 2006 June 30 www.MyFlorida.com/dbpr Page 4 of 10 DBPR HR -7028 — Division of Hotels and Restaurants Application for Resort Condominium or Resort Dwelling License .. STATE OF FLORIDA DEPARTMENT OF DBPR BUSINESS AND PROFESSIONAL REGULATION 850.487.1395 callcenter(a)dbor. state.fl. us www.MvFlorida.com/dbpr For Office Use Only Application Number File Number I License Number I I Indv./Org Number Any questions regarding the completion of this application should be directed to the Department of Business and Professional Regulation's Customer Contact Center at 850.487.1395. Information is also available online at www. MyFlorida.com/dbor > Hotels and Restaurants. SECTION 1 `- LICENSE TYPE Please check the box that best describes the license type. ❑ Resort Condominium (profession code 2006) ❑ Resort Dwelling (profession code 2007) SECTION 2 — APPLICATION INFORMATION Please check the appropriate box and provide information as applicable. ❑ New Establishment (transaction code 1030) ❑ Change of Ownership (transaction code 3021) License Number (change of ownership only) Federal Employers Identification Number (FEIN) For businesses and corporations) Social Security Number (REQUIRED) For president, primary shareholder, partner or individual Opening Date (MM/DD/YYYY) SECTION 3 — MAILING INFORMATION (MA) Note: This address will be designated as the "address of record" for purpose of official communication from the department. Owner Name (Organization) FOR ESTABLISHMENTS OWNED OR OPERATED BY PARTNERSHIPS, CORPORATIONS OR COOPERATIVES, please attach a separate sheet or sheets listing the name, address, and social security number of each person who owns 10% or more of the outstanding stocks or equity interest in the licensed activity and the name, address, and social security numbers of each officer, director, chief executive, or other person who, in accordance with the rules of the issuing agency, is determined to be able directly or indirectly to control the operation of the business of the licensed entity. Routing Name (e.g., Management Company Name) Street Address Or Post Office Box City State Zip Code (+4 optional) Florida County (if applicable) Country Phone Number Extension E -Mail Address Fax Number (Alternate) SECTION 4 — ESTABLISHMENT LOCATION INFORMATION (LL) Establishment Name (DBA) Street Address City Zip Code (+4 optional) orida County 7 Phone Number TExtension E -Mail Address SECTION 5 - LICENSE MODIFIER Classification: Check one box that best describes the license classification see instructions for definitions). ❑ Single SNGL ❑ Group GRP ❑ Collective CLCT NUMBER OF UNITS Seasonal: Will this establishment be operated only during a particular time period during the year? ❑ Yes ❑ No If Yes, indicate the seasonal dates in which the establishment will be open for operation below. Start Date End Date 2006 June 30 www.MyFlorida.com/dbpr Page 5 of 10 DBPR HR -7028 — Division of Hotels and Restaurants Application for Resort Condominium or Resort Dwelling License SECTION 6 - LODGING INFORMATION' Number of Stories: Egress: ❑ Interior ❑ Exterior ❑ Both Smoke Detector Type: ❑ Battery ❑ Electric Height: E] Greater than 75 feet or greater than or equal to 3 stories E] Less than or equal to 75 feet or less than 3 stories Do you rent primarily to tenants of 55 years of age or older? ❑Yes ❑ No ❑Not applicable Water System: ❑ Public ❑ Private Water Disposal: ❑ Septic ❑ Sewer Please check the following as applicable Hearing impaired smoke detector available? ❑ Yes ❑ No Emergency lights installed and operational? ❑ Yes ❑ No Smoke detector required? ❑ Yes ❑ No Exit signs installed and operational? ❑Yes ❑ No Smoke detector installed? ❑ Yes ❑ No Floor diagram available? ❑Yes ❑ No Sprinkler system required? ❑ Yes ❑ No Emergency evacuation instructions posted? ❑ Yes ❑ No Sprinkler system installed? ❑ Yes ❑ No Boiler certification available? ❑Yes ❑ No Alarm installed? ❑ Yes ❑ No Room rate schedule posted? ❑Yes ❑ No SECTION 7 — ADDITIONAL INFORMATION Sales Tax Number Check if exempt ❑ Has any person interested in the operation of this establishment, whether owner, operator, agent, lessee or manager, been adjudicated guilty, or forfeited a bond when charged with soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, illegally dealing in ❑ Yes ❑ No narcotics, gambling, or any other crime reflecting on professional character within the last five (5) years in this state, or any other jurisdiction of the United States? Has any person interested in the operation of this establishment, whether owner, operator, agent, lessee or manager, had a license for an Adult Congregate Living Facility at this establishment denied, ❑ Yes ❑ No suspended or revoked pursuant to section 400.414, FS, within the last five 5 ears? SECTION 8 - SIGNATURE SECTION 559.79 (2), FS: Each application for a license or renewal of a license issued by the Department of Business and Professional Regulation shall be signed under oath or affirmation by the applicant, or owner or chief executive of the applicant without the need for witnesses unless otherwise required by law. I certify that I am empowered to execute this application as required by section 559.79, FS. I understand that my signature on this application has the same legal effect as if made under oath. To the best of my knowledge, all information contained on this application is true and correct. I understand that falsification of any information on this application may result in administrative action, including fines up to $1,000, suspension or revocation of the license. Applicant Name Applicant Title Signature Date Complete the application and supporting documents and mail them with the appropriate fees (license fee and $50 application fee) to: Division of Hotels and Restaurants Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0783 Reminder: An incomplete application will result in the application being delayed or denied. Please allow at least 30 days for processing after mailing. 2006 June 30 www.MyFlorida.com/dbpr Page 6 of 10 DBPR HR -7008 — Division of Hotels and Restaurants List for Collective License for Resort Condominiums and Resort Dwellings f42,1 G4yf. c,.. STATE OF FLORIDA DEPARTMENT OF BUSINESS 395FESSIONAL REGULATION DBPR caIIcenter(cDdbor.state. fl. us www.MvFlorida.com/dbar For Office Use Only File Number License Number 4ny questions regarding the completion of this form should be directed to the Department of Business and Professional Regulation's Customer Please attach additional pages of information as necessary. Check here ❑ if additional pages are used. 2006 June 30 www.MyFlorida.com/dbpr Page 7 of 10 DBPR HR -7008 — Division of Hotels and Restaurants List for Collective License for Resort Condominiums and Condominium Name Business City Street Address City State Zip Code Realty Branch Office (if applicable) WAS Condominium Name Business City Street Address City State Zip Code Realty Branch Office (if applicable) 9I" Condominium Name Business City Street Address City State Zip Code Realty Branch Office (if applicable) Condominium Name Business City Street Address City State Zip Code Realty Branch Office (if applicable) 2006 June 30 www.MyFlorida.com/dbpr Page 8 of 10 DBPR HR -7009 – Division of Hotels and Restaurants List for Single or Group License for Resort Condominiums and Resort Dwellings lcz" 4 fie— STATE OF FLORIDA DEPARTMENT OF BUSINESS850.487.1395 0 487. 395DFESSIONAL REGULATION DBPR callcenter(a)dbar.state.fl.us www.MvFlorida.com/dbi)r For Office Use Only File Number License Number Any questions regarding the completion of this form should be directed to the Department of Business and Professional Regulation's Customer Contact Center at 850.487.1395. Information is also available online at www. MyFlodda. corn/dbar > Hotels and Restaurants. Single License – Multiple units within a single Group License – Multiple units within a single ❑ building or complex issued to an individual person or ❑ building or complex issued to an agent licensed entity. pursuant to Chapter 475, Florida Statutes. 1 Street Address City Zip Code Phone State I Zip Code Condominium Name Business City Street Address City I State Zip Code The information provided herein is true and correct to the best of my knowledge. I am aware that providing false or misleading information to a public official in the performance of official duties may result in criminal proceedings pursuant to s.837.06, Florida Statutes. The undersigned verifies that the foregoing, including any attachments, is an accurate account of the condominium units represented for transient rental. Print Name Title Signature 1 Date Please attach additional pages of information as necessary. Check here ❑ if additional pages are used. 2006 June 30 www.MyFlorida.com/dbpr Page 9 of 10 DBPR HR -7020 — Division of Hotels and Restaurants Certificate of Balcony Inspection 80;,4444 C4444c,,, STATE OF FLORIDA For Office Use Only DBPR DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION File 850.487.1395 Number cal Icenter(cDdbgr. state. fl. us www.MvFlorida.com/dbpr Any questions regarding the completion of this form should be directed to the Department of Business and Professional Regulation's Customer Contact Center at 850.487.1395. Information is also available online at www. MyFlorida.com/db> Hotels and Restaurants. Owner Name License Number Mailing Address City State Zip Code Establishment Name (DBA) Establishment Address City I County Zip Code Telephone Number(s): I hereby certify that any and all balconies, platforms, stairways, railings and railways on the above-described premises were inspected on by a person competent to conduct such inspection, and were found by such person to be safe, secure and free of defects. Total Number of Areas Inspected: Total Number of Defects Found: Date Repairs Completed: The Inspection was conducted by such inspections because: (Provide facts/credentials establishing competency.) Name of Signature of Operator Date who is competent to conduct ■ Note: Certificate required every three years. ■ 2006 June 30 www.MyFlorida.com/dbpr Page 10 of 10 11/13/2006 12:03 3217776619 BUILDING ZONING PAGE 01 Memo .i • • •. • • • Date; 9/152006 Re: Short Term Rentals aka Transient Facility After researching the City records regarding short tern rentals, I have concluded that any dwelling unit that was established prior to October 17, 1990 as a shock term rental or transient facility will be permitted, with restrictions, under the nonconforming section (Grandfather) of the Land Development Regulations. Transient facility is defined as any dwelling unit, which is rented or leased less than 6 months at any time. Any operation of a transient facility after October 17, 1990 will be considered illegal. This decision is based on the City Code prior to the adoption of the Land Development Regulations Ordinance # 521 an October 17, 1990, The City Code prior to October 17, 1990, defined a dwelling unit as ` One room, or group of rooms connected together, vonstihAng a separate, independent housekeeping establishment for owner oocupency, or rerrtal or lease of a daily, weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking, sleeping facilities, and sanitary facilities_ Any owner that can provide sufficient documentation that their dwelling unit has operated as a transient facility prior to October 17, 1990, and has continued to operate said facility to present without any discontinuance of said use for six consecutive months, or for 18 months during any three-year period, can operate as a nonconforming use in accordance with Section 30-423. Memo Date: SWbwnWr 19, 2006 To: Bennett Boucher, City Manager Frons Todd Morley, Building Ofrie;ial R R Bid Coastal of Vacation Rentals (ales resort dwellings) I conducted a phone survey of Brevard County beachside municipalities regarding enforcement of vacation rentals. Results: Brevard County (Ed Washburn, County Manager's Office and Wanda Scanes, Code Enforcement Department • A DBPR license indicates commercial activity, which is prohibited in residential districts • Violators wil appear before a Special Magistrate and will likely be fined. • Must have a Brevard County Occupational License • Have not processed any cases yet • Rentals which exceed 90 days are not resort dwellings • If It is rented more than three times in a calendar year for periods of less than 90 days (or three calendar months) then it is a resort dwelling. • Investigation of violations can include the following as prima facie evidence: 1. Multiple turnover of vehicles (tags) 2. Multiple turnover of people 3. Advertising 4. Non -homesteaded property Cocoa Beach (Tony Caravela, Dir. Of Community Services and Ronin Reiland, Code Enforcement officer) 0 Utilizing affidavits from eyewitnesses as evidence. Search Resu s October 10, 2006 License Name Type Resort 8112 PRESIDENTIAL CT Dwelling Resort FILTEAU ALICE Dwelling 8112 PRESIDENTIAL CT (DBA N*m ) ucense Current, Type Number/ Expires City DBA DWE1505650 Rank CAPE Dwelling 8108 PRESIDENTIAL DWE1505663 Current, CAPE q01 DBA Dwelling Active CANAVERAL 1l18t0(o 04/01/2007 �7 Primary DWE1505663 Current, Active CAPE CAPE Dwelling 04/01/2007 CANAVERAL Dwelling ng GERARD MASCLET Current, ��$� Resort HOME DBA DWE1505650 Active CAPE Dwelling 8108 PRESIDENTIAL Dwelling 04/01/2007 CANAVERAL I �,� f 06 CT j ! �7 Resort MASCLET GERARD 8108 PRESIDENTIAL Primary DWE15 Current, Active CAPE Dwelling CT Dwelling ng 04/01/2007 CANAVERAL f RID5 1 Resort SHAW REAL ESTATE DWE1505632 Current� CAPE a�T? Dwelling SOLUTIONS LLC ,2173OHNSONAVE Primary Dwelling Active 04/01/2007 CANAVERAL eWQQ 967 SHAW REAL ESTATE Current, Resort SOLUTIONS DBA DWE1505632 Active CAPE Dwelling VACATIONS REN Dwelling 04/01/2007 CANAVERAL 217 JOHNSON AVE � { f �� / t ff Resort SUNNY BEACH #1 DWE1505648 Current, CAPE 91fo4 Dwelling 8204 PRESIDENTIAL DBA Dwelling Active CANAVERAL COURT 04/01/2007 `DI Resort Dwelling SUNNY BEACH #2 7914 AURORA COURT DBA DWE1505647 Dwelling Current, Active CAPE 04/0 CANAVERAL Resort SUNNY BEACH #3 DBA DWE1505646 Current` CAPE 9147 Dwelling 7916 AURORA CT Dwelling 04/01/2Activ0 CANAVERAL $�Z%05 Resort TRUDEAN JOHN & DWE1505646 Current � CAPE Dwelling ANDI Primary Dwelling Active CANAVERAL 8 �o�fo /�05 7916 AURORA CT 04/01/2007 License Type Name � NWTZW/ � city Rank Resort TRUDEAN JOHN & Primary DWE1505647 Current, Active CAPE qll•� SANDI Dwelling 7914 AURORA COURT Dwelling 04/01/2007 CANAVERAL S�l Resort TRUDEAN JOHN & SANDI DWE1505648 Current, CAPE g1465Dwelling 8204 PRESIDENTIAL Primary Dwelling Active 04/01/2007 CANAVERAL COURT t1ew Seafch Page 2 of 2 F - GO « < > » PLEASE COPY AND DISTRIBUTE TO ALL APPLICABLE PERSONS: Mayor All Council members Managers Clerk Attorney Finance Director Florida League of Cities, P.O. Box 1757. Tallahassee, FL 32302-1757. (850) 222-9684. Suncom 278-5331 a www.flcities.c 0 m DATAGRAM October 31, 2005 e Vol. 33, No. 2 Noted Political Analyst to Headline League's Legislative Conference The Florida League of Cities Legisla- tive Conference will be held November 17-18, 2005, at the Hyatt Orlando Inter- national Airport Hotel. Conference an- nouncements have been mailed to League members and are available online at www.ticities.com, under "News & Hot Links." The hotel reservation dead- line is November 7. We are pleased to announce that Dr. Susan A. MacManus, distinguished university professor and nationally renowned political expert, will speak at the legislative luncheon dur- ing the Legislative Conference. Dr. MacManus has appeared on ABC, NBC, CBS, CNN and MSNBC, and in various print and broadcast media throughout the world. She has also won accolades following her riveting commentary relat- ing to the 2000 election season, and has been identified as the most -quoted political scientist in Florida during last year's elections. Come hear her fore- cast for the upcoming legislative and election scene in Florida. Don't miss out! Florida Cities of Excellence Awards Banquet Ticket Information Deadline - November 7 The Florida Cities of Excellence Awards Banquet will be held Friday, November 18, atthe Hyatt Orlando In- ternational Airport Hotel. Each finalist and years of service recipient has been notified. If you have not submitted your ticket order form, please do so by No- vember 7 to Gail Dennard or Laura Underhill at the League. Finalists will receive two complimentary tickets. Ad- ditional tickets may be purchased for $75 each, which includes the reception and banquet. Hotel reservations will be available at $114, plus 11.5 percent occupancy and 6.5 percent sales tax. The Hyatt must receive hotel accom- modations by November 7. The ticket order form and hotel information have been posted on our Web site, www. ficities.com under "News & Hot Links,' or call Gail or Laura at the League at 1- (800)342-8112. Florida City Government Week During the week of October 16-22, Florida City Government Week celebra- tions took place throughout the state. Many Florida cities organized activities including mock commission meetings, city heritage day festivals and essay contests highlighting the importance of city government. The League wants to know how your city was involved in Florida City Gov- ernment Week Please submit any pho- tos, surveys or summaries outlining your city's participation to Estella Gray at egray@f7cities. com by December 1. Excerpts from your submissions will be featured in an upcoming Quality Cities magazine article. Please contact Estella Gray at (850) 222-9684 for more information. City Innovations Showcase Call for Entries The next edition of the League's City innovations Showcase will be published in early 2006. The City Innovations Showcase allows cities to highlight the good things that Florida cities are do- ing. The result benefits all Florida citi- zens, as municipal government officials and staff learn new ways to enhance services, save taxpayers' dollars, pro- mote civic pride and volunteerism, and meet local needs. Information is available in the Sep- temberlOctober 2005 issue of Quality Cities and on the League Web site at www.flcities.com/MembershiP/inno vations.asp. Please call Mandy Rogers at the League or e-mail mrogers@ flcities.com with any questions. Rental Property Ordinances Representatives of the League were asked to meet with representatives of Florida's apartments and realtors asso- ciations, the Florida Department of Busi- ness and Professional Regulation (DBPR) and legislative committee staff to discuss local government regulation of rental properties. Current law, Sec. 509.032(7), Fla. Stat., preempts to the DBPR regulation of "public lodging es- tablishments," which are generally de- fined as apartments of more than four units or single-family dwellings rented for a period of up to one month. (Ch. 509, Fla. Stat., should be reviewed for precise definitions.) The impetus for this meeting was concern by apartment managers and realtors around the state that some local governments were con- sidering or had already adopted ordi- nances creating licensing and inspec- tion programs for rental units meeting the definition of "public lodging estab- lishment," and thereby being subject exclusively to state regulation under Ch. 509, Fla. Stat. Local governments are only authorized to conduct Florida Building Code and Florida Fire Code compliance inspections of public lodg- ing establishments that are preempted to exclusive state regulation. Local governments may adopt ordi- nances regulating rental properties not subject to exclusive state regulation under Ch. 509 (generally, those with fouror less units and single-family resi- dences rented for more than 30 days). Importantly, under Ch. 509, all "public If you would like to be removed from the Datagram mailing list, please e-mail Laura Underhill at lunderhiD@Rcitles.com or fax her at (860) 222-3806. PAGE 1 of 3 II Financial Corner ---]I Free FLC Financial Services Workshops The League's Department of Financial Services will be holding two free educational workshops this fall. The Florida Municipal Pension Trust Fund (FMPTF) workshop will be held November 30, 2005. League staff and other investment professionals will discuss how your city's FMPTF retirement plan is managed. You will also learn about current trends and issues that are impacting municipal retirement plans. The Florida Municipal Investment Trust (FMivT) workshop will be held Decem- ber 1, 2005. Learn ways to put your local govemment's operating assets to work using the many FMIvT funds available to you. Hear how recent events affect the economy and your city's investment assets. The League invites all current Trust members and other interested parties to attend. Meet our team of professionals and ask the questions you've always wanted answered. The workshops will be held at the Jupiter Beach Resort in Jupiter. Contact Penny Mitchell at pmitchell@flcities.com or 1-(800) 616-1513, ext. 241, for more information. Or, visit www.fcities.comIfifnanclal to register. lodging establishments" subject to state regulation are required to be licensed, pay license fees and be regularly in- spected by the DBPR. If you believe a °public lodging establishment" in your city is not meeting these requirements, you may want to contact the Division of Hotels and Restaurants within the Florida DBPR at (850)487-1395. If your city decides to regulate those rental properties not preempted to state regu- lation, Sec. 166.221, Fla. Stat., pro- vides a local government has general authority to levy reasonable business, professional and occupational regula- tory fees. However, such fees must be commensurate with the cost of the regu- latory activity, and the regulatory au- thority is limited to regulation not pre- empted by the state. If you have any questions or need additional informa- tion regarding this matter, please con- tact Scott Dudley or Kraig Conn at the League office by calling (850) 222-9684. Homeland Security/ Emergency Management Survey Professors Susan A. MacManus and Kiki Caruson from the Department of Govemment and International Affairs at the University of South Florida have mailed Florida League of Cities mem- bers a survey asking how cities finance homeland security and emergency man- agement. Please complete the survey and mail or fax it backto the professors as soon as possible. Call Professor MacManus at (813) 949-0320 for more information or if you have questions. Florida Housing Homeownership Forum Florida Housing Finance Corporation is conducting a Homeownership Forum in Florida Housing's Seltzer Conference Room, 6th Floor, on November 8, 2005, from 2:00 p.m. -4:00 p.m, Florida Hous- ing encourages elected officials and municipalities to participate in a dis- cussion regarding efforts to provide af- fordable homeownership in Florida. Homeownership staff and Florida Housing's new executive director, Steve Auger, will be participating in the forum and listening to your input. For more information on the forum, teleconfer- encing information, to RSVP and for directions, contact Elizabeth Loggins at (850) 488-4197 or elizabethdoggins@ floridahousing, org. Florida Fire Chiefs Association Online Career Center The Florida Fire Chiefs Association's new Web -based career center allows users to post jobs and search resumes, take skills quizzes, have communica- tion with job candidates and track ac- tivity. For more information and to view the site, go to http:/lobs.ffca.org. ICMA Hosts Eminent Domain Webcast On November 15, 2005, at 2:00 p.m. EST, the International City/County Man- agement Association (ICMA) will host a 90 -minute Webcast called "Eminent Domain: Implications from the Kelo v. CV ofNew London Case." The Webcast will explore the major implications for local governments of the Supreme Court's decision, highlight how local govemments have successfully used eminent domain in the past, and exam- ine what actions Congress and the state legislatures are likely to take to curb local government powers. The cost of the Webcast is $95 per site. For more information and to register, visit www. igean. org/htM14raininglicmaindex.cfm or call (877) 865-4326. All -America City Award The National Civic League is accept- ing applications for the 2006 AJI-America City Award program. Applications are due March 9,20G6. Cities, towns, neigh- borhoods, counties and regions can apply. The National Civic League will announce 30 finalists on April 14, 2006. All finalists advance to the 57th Annual All -America City Awards competition in Anaheim, Calif., June 9-12. A national panel of judges will score the 30 pre- sentations and select 10 winners based on the quality of the collaborative projects each community presents. For more information arta receive an appli- cation, contact Gary Chandler at the National Civic League at (303) 571-4343 or aleksh@nci.org. Florida Mentoring Partnership Award of Excellence Applications for the 2005 Florida Mentoring Awards are due Monday, November 7. Awards are presented to mentors who have demonstrated ex- emplary service during July 1, 2004 — June 30, 2005. One mentor of excel- lence will be selected from each of the following categories: Corporate Mentoring, Faith -Based Mentoring, Mu- nicipal Mentoring, School- or Commu- nity -Based Mentoring, State Agency Mentoring, and School VolunteerCoor- dinator. Applications will be accepted online at www.ilamentoring.org/awards of excellence info.php. Each selected mentor will receive a vacation cruise for two donated by Carnival Cruise Lines. Selected mentors also will be recog- nized at a special mentoring event at the Governor's Mansion in Tallahas- see. Please visit www.flamentoring.org for more information. Positions Open An abbreviated version of position open ads sent to the League is listed below. A full version of the ads is avail- able at www.flcities.com/datagram. Those needing a faxed copy should contact Mandy Rogers at the League office. All positions advertised in the Datagram must be division -head level or above. Community Development Director — City of Cape Coral. (pop. 132, 379) Salary: $73,340.80- $120,972.80. Clos- ing date: November 5, 2005. City Manager — City of Chiefland. (pop. 2,107) Salary: $46,439 - $70,243 DOQ. Closing date: December 8, 2005. Finance Director — City of Fort Meade. (pop. 5,828) Salary: $50,000 DOQ. Open until filled. PAGE 2of3 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 013 : Online Sunshine Page 1 of 1 509.013 Definitions. --As used in this chapter, the term: (1) "Division" means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (2) "Operator" means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. (3) "Guest" means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. (4)(a) "Public lodging establishment" means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. License classifications of public lodging establishments, and the definitions therefor, are set out in s. 509.242. For the purpose of licensure, the term does not include condominium common elements as defined in s. 718.103. (b) The following are excluded from the definition in paragraph (a): 1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors; 2. Any hospital, nursing home, sanitarium, assisted living facility, or other similar place; 3. Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients; 4. Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one-famity, two-family, three-family, or four -family dwelling house or dwelling unit that is rented for periods of at least 30 days or 1 calendar month, whichever is less, and that is not advertised or held out to the public as a place regularly rented for periods of Less than 1 calendar month, provided that no more than four rental units within a single complex of buildings are available for rent; http://www.leg.state.fl.us/Statutes/index.cfin?App_ node=Display_Statute&Search Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 101 : Online Sunshine Page 1 of 1 509.101 Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry. -- (1) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the estabiishment and its guests and employees; and each guest or employee staying, sojourning, eating, or employed in the establishment shall conform to and abide by such rules and regulations so tong as the guest or employee remains in or at the establishment. Such rules and regulations shalt be deemed to be a special contract between the operator and each guest or employee using the services or facilities of the operator. Such rules and regulations shalt control the liabilities, responsibilities, and obligations of all parties. Any rules or regulations established pursuant to this section shalt be printed in the Engtish language and posted in a prominent place within such public lodging establishment or public food service establishment. Such posting shall also include notice that a current copy of this chapter is available in the office for pubtic review. In addition, any operator of a public food service establishment shall maintain the latest food service inspection report or a duplicate copy on premises and shall make it available to the public upon request. (2) It is the duty of each operator of a transient establishment to maintain at all times a register, signed by or for guests who occupy rental units within the establishment, showing the dates upon which the rental units were occupied by such guests and the rates charged for their occupancy. This register shall be maintained in chronological order and available for inspection by the division at any time. Operators need not make available registers which are more than 2 years old. Each operator shalt maintain at all times a current copy of this chapter in the office of the licensed establishment which shall be made available to the public upon request. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search_Strin... 09/133/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 211 : Online Sunshine Page i of 1 509.211 Safety regulations... (1) Each bedroom or apartment in each public lodging establishment shall be equipped with an approved locking device on each door opening to the outside, to an adjoining room or apartment, or to a hallway. (2) The division, or its agent, shall immediately notify the local firesafety authority or the State Fire Marshal of any major violation of a rule adopted under chapter 633 which relates to public lodging establishments or public food service establishments. The division may impose administrative sanctions for violations of these rules pursuant to s. 509.261 or may refer such violations to the local firesafety authorities for enforcement. (3)(a) It is unlawful for any person to use within any public lodging establishment or public food service establishment any fuel -burning wick -type equipment for space heating unless such equipment is vented so as to prevent the accumulation of toxic or injurious gases or liquids. (b) Any person who violates the provisions of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in S. 775.082 or s. 775.083. (4) Each public lodging establishment that is three or more stories in height must have safe and secure railings on all balconies, platforms, and stairways, and all such railings must be properly maintained and repaired. The division may impose administrative sanctions for violations of this subsection pursuant to s. 509.261, http://www.leg. state.fl.uslStatutes/index.cfrn?App_mode=Display_Statute&Search_Strin... 09/13/2006 atarutes at t-onstitunon :view Statutes :->2006->Ch0509->Section 242 : Online Sunshine Page 1 of 2 509.242 Public lodging establishments; classifications. -- (1) A public lodging establishment shall be classified as a hotel, motel, resort condominium, nontransient apartment, transient apartment, roominghouse, bed and breakfast inn, or resort dwelling if the establishment satisfies the following criteria: (a) Hotel. --A hotel is any public lodging establishment containing sleeping room accommodations for 25 or more guests and providing the services generally provided by a hotel and recognized as a hotel in the community in which it is situated or by the industry. (b) Motel. --A motel is any public lodging establishment which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, offstreet parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six rental units, and which is recognized as a motel in the community in which it is situated or by the industry. (c) Resort condominium. --A resort condominium is any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. (d) Nontransient apartment. --A nontransient apartment is any apartment building in which 75 percent or more of the units are available for rent to nontransient tenants. (e) Transient apartment. --A transient apartment is any apartment building in which units are advertised or held out to the public as available for transient occupancy. (f) Roominghouse.--A roominghouse is any public lodging establishment that may not be classified as a hotel, motet, resort condominium, nontransient apartment, bed and breakfast inn, or transient apartment under this section. A roominghouse includes, but is not limited to, a boardinghouse. (g) Resort dwelling. --A resort dwelling is any individually or collectively owned one -family, two-family, three-family, or four -family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. (h) Bed and breakfast inn. --A bed and breakfast inn is a family home structure, with no more than 15 sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meat services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry. (2) if 25 percent or more of the units in any public lodging establishment fall within a classification http://www.leg.state.fl.us/Statutes/index. cfm?App_mode=Display_Statute&Search_Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 242 : Online Sunshine Page 2 of 2 different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the 25 percent or more units which differ from the classification under which the establishment is licensed. (3) A public lodging establishment may advertise or display signs which advertise a specific classification, if it has received a license which is applicable to the specific classification and it fulfills the requirements of that classification. hnp://www.lea.state.fl.us/Statutes/index.cfm°App mode=Display_Statute&Search_Strin... 09/13/2006 o►atuws oc �_onsutution :view Statutes :->2006->Ch0509->Section 271 : Online Sunshine Page 1 of 1 509.271 Prerequisite for issuance of municipal or county occupational license. --A municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been procured for such business from the division. http://www.leg.state.fl.0 /Statutes/index.cfrn?App_mode=Display_Statute&Search_Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 285 : Online Sunshine Page 1 of 1 509.285 Enforcement; city and county officers to assist. --Any state or county attorney, sheriff, police officer, and any other appropriate municipal and county official shall, upon request, assist the division or any of its agents in the enforcement of this chapter. http://w-ww.lea.state.fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 032 : Online Sunshine Page 1 of 1 7) PREEMPTION AUTHORITY. --The regulation of public lodging establishments and public food service establishments, the inspection of public lodging establishments and public food service establishments for compliance with the sanitation standards adopted under this section, and the regulation of food safety protection standards for required training and testing of food service establishment personnel are preempted to the state. This subsection does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553.80 and 633.Q22. littp://www.leg.state.fl.usIStatuteslindex.eftn?App_nodc=Display_Statute&Search Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 241 : Online Sunshine Page 1 of I 509.241 Licenses required; exceptions. -- (1) LICENSES; ANNUAL RENEWALS. --Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another. It shalt be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775,483, for such an establishment to operate without a license. Local law enforcement shall provide immediate assistance in pursuing an illegally operating establishment. The division may re use a license, or a renewal thereof, to any establishment that is not constructed and maintained in accordance with law and with the rules of the division. The division may refuse to issue a license, or a renewal thereof, to any establishment an operator of which, within the preceding 5 years, has been adjudicated guilty of, or has forfeited a bond when charged with, any crime reflecting on professional character, including soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in controlled substances as defined in chapter 893, whether in this state or in any other jurisdiction within the United States, or has had a license denied, revoked, or suspended pursuant to s. 429.14. Licenses shall be renewed annually, and the division shall adopt a rule establishing a staggered schedule for license renewals. If any license expires while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect. (2) APPLICATION FOR LICENSE. --Each person who plans to open a public lodging establishment or a public food service establishment shall apply for and receive a license from the division prior to the commencement of operation. A condominium association, as defined in s. 718.1Q3, which does not own any units classified as resort condominiums under s. 509..242(1)(c) shall not be required to apply for or receive a public lodging establishment license. (3) DISPLAY OF LICENSE ---Any License issued by the division shall be conspicuously displayed in the office or lobby of the licensed establishment. Public food service establishments which offer catering services shall display their license number on all advertising for catering services. http://www.lea.state.fl.us/Statutes/index.efTn?App _mode=Display—Statute&Search—Strin... 09/13/2006 DIVISION 1. GENERALLY Page 1 of 1 Resod dwelling means any single family dwelling or multifamily dwelling unit which is rented more than three times in a calendar year for periods of less than 90 days or three calendar months, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 90 days or three calendar months, whichever is less. For the purposes of this chapter, a resort dwelling is a commercial use. For the purposes of this definition, subleases for less than 90 days are to be considered separate rental periods. C http://Iibrary4.municode.com/mcc/DocView/1047'>/I/-'145/364/365 09/13/2006 DIVISION 5. SPECIFIC CRITERIA FOR PERMITTED USES WITH CONDITIONS A... Page 1 of 2 Sec. 62-1841.5,5. Resort dwellings. 316-"�- v�0���.�.� Where a resort dwelling is listed as a permitted use with conditions in certain residential zoning classifications, it must meet the following qualifying conditions: (1) Location standards. Resort dwellings shall be restricted to parcels that are: a. Developed with a nonconforming multi -family residential use; b. Located east of State Road A1A but do not abut single family detached uses or lots zoned for single family detached uses; c. Located on the west side and have direct frontage on State Road AIA, but do not abut single family detached uses or lots zoned for single family detached uses; or d. Located within a multifamily tract in a PUD or RPUD, or located in a single family tract if submitted as part of a preliminary development plan application and approved by the board of county commissioners in public hearing. 2. Performance standards. All resort dwellings qualifying under this section, except where the owner lives on site and holds a homestead exemption, shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit. a. Parking. For single family resort dwellings, there shall be at least one designated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street. b. Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence, as established by a submitted floorplan. The maximum occupancy of the structure shall be established by the planning and zoning office at the time of occupational license review. c. Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the vicinity in which the residence is located. Any noise whose measurement exceeds the sound level limits set forth for residential zoning in section 62-2271 or violates the provisions of chapter 46, article IV is considered excessive noise. Additionally, sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph or similar device shall not be discernable at the property line of the resortdweiling after 10:00 p.m. and before 7:00 a.m. d. Local management. Each resort dwelling shall have a designated local manager. The local manager shall be a permanent resident of the county and shall be available 24 hours a day, seven days a week, to address neighborhood complaints. The local manager's name and telephone number shall be registered with the planning and zoning office and shall be posted on the property in a manner visible from the street. e. Manager's responsibility. The local manager is responsible for assuring compliance with the performance standards in this section. The local manager shall satisfactorily address complaints by concerned residents of violations of the performance standards ((2)a., (2)b., and (2)c.) in this section within one hour of receipt of the complaint. The resort dwelling's occupational license may be revoked if more than two unresolved complaints are received by the county. An unresolved complaint is a complaint that is filed with the county by an individual residing in the same neighborhood who has previously filed the complaint with http://library4.municode.com/mcc/DocView/ 10473/ 1/345/364/369 09/1 3/2006 DIVISION 5. SPECIFIC CRITERIA FOR PERMITTED USES WITH CONDITIONS A... Page 2 of 2 the local manager, but the local manager did not resolve the complaint to the satisfaction of the individual within one hour. Revoked licenses may not be reissued for a period of one year from the date of revocation. f. Penalty. In addition to the penalties enumerated in chapter 2, article Vi, division 2 of this Code, the code enforcement special magistrate may suspend or revoke the resort dwelling's occupational license under the following conditions: If the special magistrate finds a violation or recurring violation of this section, the special magistrate may suspend the resort dwellings occupational license for a period of not more than 30 days or until the issue is resolved, whichever is later; and if the special magistrate finds a repeat violation of this section or a violation of a suspension order, the special magistrate may revoke the resort dwelling's occupational license. Revoked licenses may not be reissued for a period of one year from the date of revocation. Additionally, the county may enforce this section by any other means provided by law. (Ord. No. 05-27, § 4, 5-19-05, Ord. No. 06-06, § 3, 1-24-06) hrtp://Iibrary4.municode.com/mcc/DocView/I 04733/1/345/364/369 09/1 3/2006 DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 1 of 2 Sec. 62-1191. Amortization ofpre-existing resort dwellings. �"rJ (a) Notwithstanding other provisions of subdivision 11, pre-existing resort dwellings shall cease operating as resort dwellings within six months from the effective date of this division, and shall thereafter be used in a manner consistent with the zoning classification applicable to the property where the resort dwelling is located. Pre-existing resort dwellings for the purpose of this section are those resort dwellings that have an active state permit or license for a resort dwelling from the department of business and professional regulation (DBPR) which was issued prior to the effective date of this division, or which paid state sales taxes for a transient rental prior to the effective date of this division. Uses that claim to be pre-existing resort dwellings shall qualify by providing a copy of their current DBPR permit or license or proof of paid state sales tax prior to the planning and zoning office prior to issuance of an occupational license by the county. (b) Appeal process. (1) Owners of pre-existing resort dwellings who cannot reasonably recover their allowable unrecoverable costs within six months after the enactment of the ordinance may file an appeal to a special magistrate appointed by the board of county commissioners on the grounds that the six-month amortization period is insufficient with respect to an individual resort dwelling. Such appeal shall be fled within 90 days from the effective date of this ordinance with the planning and zoning office. (2) The amortization period is to be determined by the following formula: Allowable unrecoverable costs divided by annual resort dwelling income equals the number of amortization years or fraction thereof. (3) The presumed value for allowable unrecoverable costs is $6,000.00. The presumed value for estimated annual income is $12,040.00. The resulting amortization period would be 0.5 years or six months. In any appeal, the property owner has the burden of proof by preponderance of the evidence that the presumed values for allowable unrecoverable costs and estimated annual income are not reasonable as applied to an individual resort dwelling. (4) Allowable unrecoverable costs means those costs that are specifically related to managing a resort dwelling. Allowable unrecoverable costs must be costs incurred for the sole use in the resort dwelling. Such cost include but are not limited to; costs associated with state licensure (safety signs, fire extinguishers, etc.); kitchenware (silverware, pots, pans, dishes, etc); linens and bedding (tablecloths, sheets, pillows, etc) and furniture (beds, couches, chairs, etc). Such costs must have accrued within five years before the effective date of this division. Additionally, such costs must be depreciated 20 percent per year. (5) Allowable unrecoverable costs does not mean costs that add value to the property despite its use. Such ineligible costs include but are not limited to: roofing repairs; landscaping, including paying; pools, hot tubs and jacuzzis, room expansions; remodeling; and air conditioning systems. (6) Annual resort dwelling income means the income received from rents of the resort dwelling minus expenses incurred solely for operation of the resort dwelling. Expenses for operating the resort dwelling include but not limited to: mortgage interest for actual rental periods; commission to a rental agent; utilities, ordinary maintenance (not major repair); and cleaning services. Expenses not directly related to the operation of the resort dwelling such as mortgage interest for non -rental periods are not to beincluded in the calculation of resort dwelling income. (7) In determining the amortization period, the special magistrate shall consider any bona fide contracts enter into before the enactment of the ordinance for violation with the http://Iibrary4.municode.com/mcc/DocView/I 0473/1/3451364/366 09/13/2006 DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 2 of 2 Impairment of Contracts Clause, Article 1, Section 10 of the Florida Constitution and adjust the amortization period accordingly up to an additional six months. (Ord. No. 05-27, § 5, 5-19-05) http://librar,v4.municode.com/mcciDocView/i 0473/1/345/364/366 09/13/2006 Chambers, 900 E. Strawbridge The serial numbers on the bills Ave. are "GB 10872958k" tl{ NOTICE OF ZONING CHANCE In CITY OF CAPE CANAVERAL SAT • SAT • s�U • Dta The City Council of the City of Cape Canaveral, ph r 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., onr Tuesday, November 21,:2006. The ordinance mayA 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. 119r2006 r r � �t AN 'ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, -OF THE CODE, OF ORDINANCES; CLARIFYING THE INTENT OF, 2 AND RESIDENTIAL ZONING E LOW•988141 DISTRICTS; DEFINING RM .`. "TRANSIENT COMMERCIAL USE;"�S A SPURT PROHIBITING TRANSIENT COMMERCIAL , USES IN THE R-1, R-2 AND R-3 RESIDENTIAL Auto and cy, ZONING :DISTRICTS FOR 'SINGLE FAMILY Immediate cov Convenient pu DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS Rorttnd-the-clo 7 FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS;4,' ESTABLISHING AN = AMORTIZATION7.�4i ' 4 N .Wlckh i SCHEDULE FOR TRANSIENT COMMERCIAL USES IN 'RESIDENTIAL ZONING . DISTRICTS' WHICH WERE IN EXIS;TENRCE, .LIItENSED BY THE STATE AND PAID APPLICABLE STATE TRANSIENT RENTAL TAXES BY DATE I t CERTAIN AS SET FORTH 'IN, THIS ORDINANCE; PROVIDING FOR EXTENSIONS; $F: MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO' CHAPTER 110, ZONING; PROVIDING FOR 1 who THE' REPEAL OF PRIOR INCONSISTENT ' ORDINANCES ` AND RESOLUTIONS; INCORPORATION INTO THE CODE; Catpet SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the b I City hereby advises ' the public that: If .a person fl ONLY. decidesto appeal an decision made b the Cit 1 ' Council with respect to any, matter considered at this I meeting, that person will need a record of the proceedings, and for such purpose that person might 1 need to ensure that a verbatim record of the proceedings is made, which record includes the 1 testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by 1 Offer U {' I? the City for the introduction or admission into I , evidence of otherwise inadmissible or. irrelevant STEAM PRO evidence, nQr does it authorize challenges or appeals otherwise' �.. ...,.....r .� .r'' not allowed by law. Persons with disabilities Y 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 4; City Clerk A3402 Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Ordinances -11 Reading item No. 8 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 at first reading, 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 at first reading. Exhibits Attached: Ordinance No. 20-2006; Proposed County Ordinance; CUTR Explanation of Ordinance City Mana ' ,,Office Department GROWTH MGMT/P&Z kim\my cu admin\council\meet \2006\11-21-06\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 strikecmt 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 satisfytransportation concurrency on a transportation facility in the City's Concurrency Management System ("CMS") including transportation facilities maintained by FDOT 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: LLh The proposed development is consistent with the comprehensive plan and applicable land development regulations. al 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. Lth The City may choose to allow an applicant to satisfy transportation concurrency through the Proportionate Fair -Share Program by contributinJ4 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: 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 mitigate impacts on the transportation facilities. aL 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 spm. 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. U 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 satisfy transportation concurrencythrough 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 anent: City of Cape Canaveral Ordinance No. 20-2006 Page 4 of 12 Property location including 12arcel identification number(s); Legal description and survey of property, Project description including type intensity and amount of development; Phasing schedule, if applicable; Description of requested roportionate fair -share mitigation method(s); and EL Cop„ 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 applicant within 30 day of receipt of the written notification then the implication 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. 1f) When an implication 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 implication and no fewer than 14 days prior to the City Council meeting when the agreement will be considered. JgL The City shall notifythe he 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. 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. cS) 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 resultingfrom rom 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 = 2:f(Development Trios) / (SV Increase)x Cost; 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. For the pumoses 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: An analysis by the City of costs by cross section type that incorporates data from recent projects and is updated annuallyand nd approved 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„ = Costs, x (1 + Costr� owth3Yrj" Where: Cost= The cost of the improvement in year n; Cost„ = The cost of the improvement in the current year; Costrgroowth3yr= The growth rate of the costs over the last three (3) years, n = The number of years until the improvement is constructed. The three -wear growth rate is determined by the following formula: Costrg owth3yr = [Costrowth_, + Costre owth , + Costrg owth_3]L3 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 b the he 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 drawingand 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. (d) 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 concurrency approval. 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. Le 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. 1f Applicants 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 City will be non refundable. �gL 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. Uh 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. JaL 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 managingdevelopment 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. Lth 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: LLL 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 La 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. Lcj 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. LLJ The adjacent local government shall have up to ninety (90) days in which to notify the City of aproposed 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 pproved by the City, the approval shall include a condition that the applicant provides prior to the issuance of any building permit covered b t�gpplication 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 0 State of Florida Department of Transportation 605 Suwannee Street Tallahassee, FL 32399 FDOT Contract No. BD544; RPWO21 �CUTR 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 xltly4l PREFACE ��! L''�' � JAZ- GA/? � � �✓ ,. �/[.cari5 w. i. i�l i � �: v' � � 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. r 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 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 6962069 11/09/06 05:99pm P. 002 BR BVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Brevard County Planning and Zoning olUoe Telephone (321) 633-2068 2725 Judge Fran Jamieson Way Fax (321J 633-2074 Viera, Florida 32940 TO: City Manager FROM: Stephen M. Swanke, AICP, Planning Manager Brevard County Planning & Zoning Of e 4— 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 (DRIs) 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 _J 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 Ssty em (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 By: Helen Voltz, Chair Approved by the Board on November 14, 2006 Meeting Type: Regular Meeting Date 11-21-06 AGENDA Heading Ordinances -l' Reading Item 9 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 at first reading 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 Mana e' Office . Department ADMINISTRATION/FINANCE ,,-- caim\mydo ut in\council meeting\2006\11-21-06\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 Bob Hoog 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:\CtyTrea3\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 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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N C C C _ W C S •- C cn O W O c a) L �� .L w O LL to N C O U N 'O N U U C d N Q C d.C+� NfA N N Q, m d.c O Q m.a W K CL� 6— 7 3 D- 4) (0 �U c W x O O> m W LU C) 0-jULLLU� lL W W U(n wUU 3 r O O r N 0 0 O M O O O O Ln O O E Q C) O N N (0 O O r r C) T I• (0 (0 N (M CM 3 O O r O r 0 0 V E O O O M MMvvLnOO(O(0 d r T O CO M O C d O O O V � M M (0 O co O M O r cf Ln In 11i lL) Lfl L() r r r CO 00 00 00 CO 00 00 M 0 0 0 d Oe- d LO LO U') LO Lf) Ln m m m (D U) U) Ln Ln U) LO U) 0 O (0 co M M M = O O O O O O O O O IE 00 00 0D 00 oD 00 00 J I I 1 d r r r r r r r r r 1 1 1 1 1 1 1 1 1 d T T T T T r r 0 00 r r r r r r r r r0 0 0 0 0 0 0 0 0 E M M CM CM C) M Mrrr 0 0 0 0 0 0 0 E ��� a IqTqTTITV-IqIq a qTITqIqTIq a Meeting Type: Regular Meeting Date: 11-21-06 AGENDA Heading Site Plans Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN - HERTZ "LOCAL EDITION" VEHICLE RENTAL FACILITY DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the approval .of the Hertz "Local Edition" Vehicle Rental Facility Site Plan, as recommended by the Planning and Zoning Board, as requested by the applicant, Lagges Kyriacos. Summary Explanation & Background: This proposed facility is on the north out -parcel in front of the Residence Inn. I recommend approval. Exhibits Attached: (1) Planning & Zoning Board Recommendation Letter, (2) Application for Site Plan Review, (3) Board of Adjustment - Extension of Special Exception, (4) City Planner Report, (5) Staff Comments, (6) Site Plan (hand-out) City Mana2e5P Office Department GROWTH MGMT/P&Z ca im\myd cume s \council\meeting\2006\11-21-06\hertz.doc City of Cape Canaveral OR To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Hertz Local Edition Vehicle Rental Facility Site Plan — William H. Stephenson, Project Engineer. At the Planning & Zoning Board meeting, held on November 8, 2006, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are (6) copies of the site plan. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Board Meeting Date: 11/8/06 AGENDA Heading Site Plan Item # 3 No. 2006. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Hertz Rental Car - Site Plan DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan for Hertz Rental Car. Summary Explanation & Background: This request is to build a Hertz Rental Car facility at the north out parcel associated with the Residence Inn. Project includes 1,840 square feet of office and car wash space. There is parking for approximately 40 rental vehicles with 20 spaces for customers. The site has a special exception for vehicle rentals, which was extended for 12 months by the Board of Adjustment on October 23, 2006. Exhibits Attached: #1 Application, #2 Applicant information, #3 Staff Report, #4 Site Plan City Planner's Office Department: Building Department ARLICAUON FOR STTF nj,AN Ryt,� FEE: PROJECT NA, -VIE: kje.y'-:I LEGAL DESCRIPTION: -->q- VT bo r Ll � 5 i,j I ->4- VTiorL{�,L5i,Ji DATE:' Loc/a L -/S-100- E7 J OtiN-ti7ER(S) N,AtiIE: LA c„n P_5 Oti'VNER(S) ADDRESS: 503 eco A ISG /,, -1-- J :� 7 fi -:2 PHONE NUMBER: 3 li - NANEE OF AR-E��NGr, ITER: EN PHONE NUMCBER• APPLICAVT'S SIG---,4ATr--RE: Ow--NER OR 1 PHONE NUMBER: -?41L" 1195 T of IVIGJJCI l..UI IJII UGUU11 UUI P. Mr. James Messer P O Box 425 Sharpes, FL 32959 City of Cape Canaveral October 25, 2006 FILE COSY RE: Special Excerption No. 05-10 -Time Extension to Allow a Vehicle Rental Facility in the C-1 Zoning District, Section 15, Township 24 South, Range 37 East, Part of Parcel 25.0 - (Property is Located Just North of Residence Inn and South of Country Inn) - Messer Construction Corp., James Messer, President. Dear Mr. Messer: The Board of Adjustment of the City of Cape Canaveral has heard information and testimony pertaining to your request at the meeting held on the 23rd day of October, 2006. Based on the information provided the Board of Adjustment has granted your request for a one time, twelve month extension for the above project, permissible as per Section 110-48 of the Cape Canaveral Code of Ordinances. Please note that should there be a violation to any part of this approval the special exception is subject to revocation according to the City Code. Sincerely, Constance B. McKone Chairperson SLC 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com 01 tsoara of Adjustment Meeting Minutes October 27, 2005 Page 2 3. Special Exception Request No. 05-09 to Allow a Restaurant to Serve Beer & Wine at (7802 N. Atlantic Avenue - LaFiesta Restaurant) Section 23 Township 24 South, Range 37 East, Lots 9 10 & 11 Block 25 Avon by the Sea Subdivision - Alice Fusillo, Petitioner. Alice Fusillo, Petitioner, testified that the restaurant opened on September 1, 2005; this was a family restaurant; and she was requesting a special exception to serve beer and wine to her patrons to enhance her business. Paula Collins, stated that the previous restaurant had a beer and wine license, which set precedent for the location. Todd Peetz, City Planner, advised that the previous special exception had expired. He verified that the request meets all applicable City requirements. Motion by Paula Collins, seconded by Connie McKone, to grant Special Exception Request No. 05-09. Vote on the motion carried unanimously. 4. Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Section 15, Township 24 South Ranqe 37 East Part of Parcel 25.0 - William Stephenson, Petitioner. - - - William Stephenson, Petitioner, testified that this request was for a vehicle rental facility; the property would share access with the Residence Inn and the parcel immediately to the South; the property was slightly over one acre; and the use would be an asset to the community. Todd Peetz, City Planner, verified that all applicable City codes have been met with this request. Motion by Connie McKone, seconded by Paula Collins to grant Special Exception Request No. 05-10. Vote on the motion carried unanimously. 5. Election of Chairperson and Vice Chairperson Robert Laws announced that he would not accept any nomination for Chairperson. Paula Collins nominated Connie McKone for Chairperson. Connie McKone accepted the nomination. Vote on the nomination carried unanimously. Robert Laws nominated Paula Collins for Vice Chairperson. Paula Collins accepted the nomination. Vote on the nomination carried unanimously. There being no further business the meeting was adjourned at 6:57 p.m. Approved this /11�'day of "� , 2005. Constance B. McKone, Chairperson Susan L. apman, Boar Secretary WE Planning & Zoning Board Meeting Minutes September 28, 2005 Page 3 5. Motion to Recommend: Special Exception Request No. 05-10 to Allow a Vehicle Rental Facility in the C-1 Zoning District, (Property is Located Just North of Residence Inn and South of Country Inn), Sec. 15, Twp. 24S, Rge. 37E, Part of Parcel 25.0 - William Stephenson, Petitioner. Todd Peetz, City Planner, advised that the property was located on an out -parcel from the Residence Inn, and gave an overview of the request. He testified that the project would have shared access with Residence Inn; and reviewed the required criteria for this type of special exception. Kevin Looney, employee of the Petitioner, testified that the car rental facility may have a car wash, and if so, it would be located within the 600 square foot prep area as shown on the submitted conceptual plan. Victor Watson, employee of the Petitioner, testified that the use is compatible with the surrounding areas, and designed to meet ail' code requirements. He noted that the property will be owned and leased long-term. Motion by Lamar Russell, seconded by Donald Dunn to recommend approval of Special Exception Request No. 05-10 to the Board of Adjustment. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Peetz, City Planner, gave an update on the City Council meeting's discussion regarding short-term rentals. He advised that City Council is not taking any action until the County makes its final decision. He noted that 36 properties are licensed for rentals in the City. Bennett Boucher, City Manager, advised that he was having a difficult time with the State trying to identify vacation rentals. He noted that less than 10 are identified throughout the County. Todd Peetz, City Planner, advised that City Council passed the 1st reading of a moratorium ordinance. He advised that the moratorium would delay new applications. He explained that the proposed moratorium would be for 90 days, with a 60 day extension if needed. He advised that over 300 parcels have granted special exceptions for residential use in the commercial zoning district, and identified some of them from a City zoning map. Bennett Boucher, City Manager, added that City Council was looking at preserving commercial areas on A1A, and properties along AIA would be the only properties affected. There being no further business for the Board to consider the meeting was adjourned at 8:35 p.m. Bea McNeely, Chairperso Susan L. Cis -marr-Secy tary 04 City of Cape Canaveral Applicant: William H. Stephenson Location: Range: 37 Township: 24 Section: 15 Acreage: .92 +/- Acres / Hotel Acreage 6.20 +/- acres Proposed Use: Vehicle Rental Facility Current Future Land Use: Commercial C:-1 Current Zoning: Commercial C-1 Description: The applicant desires to build a vehicle rental facility, on one of two out parcels for the Residence Inn. The vehicle rental facility will be on the north out parcel between the Country Inn and Suites and the Residence Inn located on the west side of AIA at the City's north end. North South East West Zoning Cl Commercial C1 Commercial C1 Commercial Cl Commercial Comp Plan Conservation Cl Commercial Cl Commercial C1 Commercial Existing Existing Race Trac Vacant and AJT Conditions service station Office Buildings Residence Inn Country Inn & Suites Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2005 was approximately 10,000. This is still adequate park space available. AIA is operating at Level of Service "A" with 481 available peak hour trips between North City Limits and Central Blvd. AlA South of Central Blvd to North Atlantic has a level of Service is "A" with 373 excess trips. This development could generate 105 more peak hour trips as added into the Traffic Impact Analysis and capacity is available. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is vacant Canaveral Complex Ca soil type. Canaveral Complex is level to gently sloping type of soil. There are no known wetlands, Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: Not applicable. O Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: Octoberl9, 2006 Re: Hertz Rental Car Site Plan Review I have reviewed the site plan for Hertz Rental Car and have no further comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Yage 1 of I Todd Peetz From: John Cunningham Qcunningham@ccvfd.org] Sent: Monday, October 16, 2006 1:48 PM To: Todd Peetz Subject: Re:Hertz Rental Car 2nd (Site Plan) Todd, We have reviewed the site plan and have no comment. 11/1/2006 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: October 16, 2006 RE: Hertz Site Plan Review The Public Works Department has reviewed the above stated project and do not have any further comments or concerns. All previous comments and concerns have been satisfactorily addressed. C 11!01!2006 04:49 321-783-7065 STOTTLER PAGE 02 November 1, 2005 Mr. Todd.Peetz SQA Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Site Plan - Hertz - Review #31 SSA Job No. 05-0025, Task 032-1004 Dear Mr. Peetz: SSA has reviewed the above -referenced project and based on our review, SSA recommends said plan for City approval. Please note that this site must comply with the conditions of the St. Johns River. Water Management District permit for the Residence Inn. Specifically Condition 25 which states "Prior to initiating construction on each of the, two out -parcels, drainage plans must be submitted to the District for staff review and approval to demonstrate compliance with the permitted design. The maximum allowable impervious for each of the out parcels is 70%." This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects ngineers, Planners, Inc. JPV John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee for Review #3 — $380.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2"d review will be billed at $95.00 per hour. SrOTMER STAGG & ASSOCIA.TES ARCHrMCTS ENGINEERS PLANNERS, INC. 010 8680 North AHantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321.783-1320 Fax 821-7837065 UU. an S*orW1CML%PrOads%CAPEU' MAz Romw 3.bo Ur— #AACOW329 #EB0000762 #LBD006700