HomeMy WebLinkAboutResolution 2011-29 RESOLUTION NO. 2011-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE
STORMWATER UTILITY FEE AUTHORIZED BY ARTICLE V OF
CHAPTER 78 OF THE CAPE CANAVERAL CODE OF ORDINANCES;
PROVIDING FOR INCORPORATION INTO APPENDIX B, SCHEDULE OF
FEES, OF THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; 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, section 166.201, Florida Statutes, provides that a municipality may
raise by user charges or fees authorized by ordinance, amounts of money necessary for
the conduct of municipal government; and
WHEREAS, Article V of Chapter 78 of the Cape Canaveral City Code establishes a
stomiwater utility and provides for the City to be responsible for its operation, construction,
maintenance, and repair; and
WHEREAS, section 78 -300 of the City Code authorizes a stormwater fee be
imposed on each and every developed property in the City unless otherwise exempt; and
WHEREAS, on February 18, 2003, the City Council adopted Resolution 2003 -06,
establishing the current stormwater fee; and
WHEREAS, the current stomiwater fee is no longer sufficient to offset the costs
incurred by the City for future stormwater improvement and maintenance projects; and
WHEREAS, it is now incumbent upon the City Council to revise the City's �
stormwater fee as set forth herein; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this
Resolution is 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 deemed true and correct and
are fully incorporated herein by this reference and deemed a material part of this
Resolution.
City of Cape Canaveral
Resolution No. 2011 -29
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SECTION 2. Stormwater ERU Rate. The Cape Canaveral City Council hereby amends
the ERU rate to be charged as the City's stormwater management utility fee, as authorized
by section 78- 300(1) of the City Code, to be $5.00 per month per ERU. The need and
justification for amendment of this rate is set forth in the attached analysis and data
contained in Exhibit "A," fully incorporated herein by this reference.
SECTION 3. Incorporation into Appendix B, Schedule of Fees, of the Code of
Ordinances. The ERU rate shall be incorporated into Appendix B, Schedule of Fees, of
the Cape Canaveral Code of Ordinances and any section or paragraph number or letter
and any heading may change or be modified as necessary to effectuate the foregoing.
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SECTION 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts
of resolutions in conflict herewith are hereby repealed to the extent of the conflict.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 6. Effective Date. This Resolution shall become effective July 1, 2012.
RESOLVED by the City Council of the City of Cape Canaveral, Florida this 15th
day of November, 2011.
- > )t,Athi z `.
..7c:-_, C:::<)C,VIACR.ClkAtt241cA...)
J� r u Rocky Randels, MAYOR
ATTEST: � E c r
Name For Against
Angel Ms mgrs ` C#ferk John Bond — X —
'` «<,,:; , ' Robert Hoog X
Buzz Petsos — X —
Rocky Randels — X —
Betty Walsh — X —
I Approv. as • Form and Sufficiency
For t - •,ape Canaveral Only:
f
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2011 -29
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Exhibit A
City of Cape Canaveral Stormwater Utility
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C11r OF
C APF f_AN A. RAC
CITY OF CAPE CANAVERAL
STORMWATER UTILITY
Background and Purpose. The City Council adopted Resolution 06-2003 on February
18,2003 establishing a Stormwater Utility, the purpose of which is to provide funding for
i (1) the operation, construction, maintenance and repair of stormwater facilities; (2)
o stormwater system permitting and planning; and(3)river water quality management. The
Program was implemented on January 1, 2004, with a $3.00 fee charged per each
equivalent residential unit (ERU); an ERU is defined in City Ordinance No. 78 as 2,074 1
I square feet. It was determined that those elements of the stormwater system which
provide for the collection, treatment and disposal of stormwater and regulation of
groundwater are of benefit and provide services to all real property within the City. The
beneficiaries of the system include all real properties within the City which benefit by the
A provision, operation and improvements to the system. Such benefits may include, but are
not limited to,(1)the provision of adequate systems of collection, conveyance, detention,
treatment and release of stormwater, (2) the reduction of hazard to property and life
resulting from stormwater runoff, (3) the improvement in general health and welfare
through reduction of undesirable stormwater conditions, and (4) the improvement to
Iwater quality in the storm and surface water system and its receiving waters.
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State Regulatory Stormwater Requirements. The Florida Department of Environmental
Protection (FDEP) requires that the City maintain a Municipal Separate Storm Sewer
System (MS4)National Pollutant Discharge Elimination System(NPDES)permit,which
defines the activities that the City must perform to collect, treat, and discharge
stormwater. The permit is updated every two years and submitted for approval to the
FDEP. Funds from the Stormwater Utility are used for Staff costs to maintain the permit.
A relatively new FDEP program for the management of stormwater is known at the Total
Maximum Daily Load (TMDL) Program, which requires states to define state-specific
/ water quality standards for various designated uses and to identify waterbodies for which
the ambient water quality has been determined to not meet established standards.
Waterbodies that do not achieve such water quality standards as a result of human-
induced conditions are to be considered impaired.
A majority of the stormwater runoff from the City discharges into the Banana River
Aquatic Preserve, which has been determined to be impaired under the TMDL Program.
Therefore, the Program requires that municipal governments (and others) located along
the river significantly reduce the amount of nitrogen and phosphorous discharged in
stormwater during the next 15 years. Stormwater improvement projects that will be
required to meet the TMDL Program regulations will require a substantial investment by
municipal governments to adequately collect/treat stormwater prior to its discharge into
the Banana River Aquatic Preserve.
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Projects Funded Through the Stormwater Utility. Funds from the City's Stormwater
Utility have been used for a number of infrastructure projects, routine maintenance
activities, and permitting activities since inception in January 2004. Some of these
projects and activities are included in Attachment No. 1.
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Future Planned Stormwater Improvement Projects. Funds from the City's Stormwater
Utility will be used for a number of future infrastructure projects, routine maintenance
activities, and permitting activities. Some of these future projects and activities are
included in Attachment No.2.
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Stormwater Utility Funds The Stormwater Utility currently contains a balance of
1 $776,004.94(end of October 2011).
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Summary and Recommendations. The initial Stormwater Utility Fee was implemented
in January 2004 at $3.00 per each ERU (2,074 square feet). This fee has not been
increased since implementation of the Program. Staff is proposing to (1) maintain the
ERU as 2,074 square feet and (2) increase the Stormwater Utility Fee to $5.00 per ERU.
This proposed increase in the Stonnwater Utility will provide approximately $572,400
per year for stormwater improvement projects and maintenance activities. The existing
a and proposed monthly Stormwater Utility fees are as follows:
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Property Type ERU/Current ERU/Proposed
Stormwater Utility Fee Stormwater Utility Fee
Mobile Homes 0.79 ERU($2.37) 0.79 ERU($3.95)
Single-Family 1.00 ERU ($3.00 for the 1.00 ERU ($5.00 for the average
Residential Flat average home) home)
j Rate
Multi-Family Variable ERU ($3.00 per Variable ERU ($5.00 per
Residential number of units) number of units)
Commercial Variable ERU (impervious Variable ERU (impervious area/
1 areal 2,074 square feet x$3.00) 2,074 square feet x$5.00)
1 The increased revenue from the Stormwater Utility will allow the City to continue
implementation of its aggressive (and successful) Program to improve the quality of
stormwater discharging into the Banana River Aquatic Preserve. With a Stormwater
Utility Fee of$5.00, the City will remain near the average for Stormwater Utility Fees
established by other municipal governments in Florida. Attachment No. 3 includes
stormwater utility fee data from municipalities located throughout Florida which was
Iobtained from the Florida Stormwater Association.
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Attachment No. 1
Projects and Activities
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CITY OF CAPE CANAVERAL
PROJECTS AND ACTIVITIES
Stormwater Infrastructure Improvements:
• Installation of nine(9)nutrient-separating baffle boxes on stormwater outfalls;
• Stormwater permits for Manatee/Banana River Parks;
• Manatee/Banana River Parks Stormwater Improvements Project;
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• South Central Ditch stormwater improvements;
• Ridgewood Avenue stormwater improvements(streetscape project);
• Harbor Heights stormwater improvements(pipe installation);
I • Washington/Rosalind Avenues exfiltration piping;
• Taylor Avenue investigation/stormwater repairs;
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Presidential Court stormwater improvements (exfiltration piping);
• Stormwater inlets(installing Type"C"stormwater inlets throughout the City);
• Monroe Avenue curbing/stormwater improvements;
• Polk Avenue stormwater improvements(pipe installation);
• Fillmore Avenue stormwater improvements(pipe installation);
• Orange/Buchanan Avenues stormwater improvements(piping installation); and
• North Atlantic Avenue infiltration system.
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€ Maintenance Activities:
1 • TV monitoring/cleaning of entire City stormwater system;
1 • "Armoring"of stormwater outfalls;
• Stormwater pond de-mucking at the wastewater treatment plant(WWTP);
• Cemical treatment of the WWTP stormwater ponds;
• Mowing and chemical treatment of the Central Ditch;
4 a Inmate crew cleaning of nine (9) nutrient-separating baffle boxes after rainfall
l events;
• Inmate crew cleaning of stormwater inlets before/after heavy rainfall events;
• Annual "deep cleaning" (sediment removal) of nine (9)nutrient-separating baffle
boxes;
• Monthly street sweeping activities;
• Annual stormwater manhole inspections;
• Annual stormwater pond inspections; and
• Annual illicit discharge inspections(businesses).
Miscellaneous Stormwater-Related Projects:
• Estuary rehabilitation project on Long Point Road;
• Survey and mapping of entire City stormwater system;
• Update stormwater documents for City kiosks;
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• Total Maximum Daily Load(TMDL)Program meetings/report submittals;
• National Pollutant Discharge Elimination System (NPDES) permitting
(stormwater permit);
1 • WWTP vehicle wash area permitting and construction;
• Stormwater filter pilot project along SR Al A;
• Grant applications to the Florida Department of Environmental Protection(FDEP)
and the St. Johns River Water Management District(SJRWMD);and
• Site plan review submittals(Building Department).
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Attachment No. 2
Future Projects and Activities
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X CAP, CAN,.YLR••L
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CITY OF CAPE CANAVERAL
FUTURE PROJECTS AND ACTIVITIES
• West Central Boulevard pipe replacement- $120,000;
• North Central Ditch dredging project-$420,000;
i • North Atlantic Avenue stormwater system(streetscape project)-$600,000;
• West Central Boulevard stormwater improvements (streetscape project) -
$90,000;
• Canaveral Park stormwater exfiltration project- $600,000;
• Purchase of land in the Canaveral Drainage Basin for wet detention pond —
i unknown costs;
• Construction of a wet detention pond in the Canaveral Drainage Basin- $300,000;
• Mangrove trimming along the Central Ditch-$75,000;
• Dredging of the southern portion of the Central Ditch-$500,000;
• Exfiltration piping installation in two flood-prone areas per year - $28,000 per j
year;
• Stormwater inlets (installing Type "C" stormwater inlets— 16 per year) - $50,000
per year; and
' • Maintenance activities as detailed above.
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Attachment No. 3
Stormwater Utility Fee Data
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'"a, h 4: z "t a.'H .,A'R.a\ .�` t Rail a>r 't- 1 t S�M1 7�,. r ..` ,3r.�$_ �.'Ky; -.
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Equivalent tR esldential, Unit. " �torm ira e` e
.t v-4� k �Jt•�/{s f k xr{k m-.a'� i „-qua: ti a ct�'' 'x _�i+`.°i ,a
v,,,,,,,..,... .. t.,, ....a t j 0 (ER -S ua Feelt� gwv„a 3,,,E4 ,, _+e`.e oath)„_F .._.-,'
Altamonte Springs 2,492 $6.75
Atlantic Beach 1,790 $5.00
. .. .<.,2,
873 $2.90
Boca Raton l , �-
........i p e�Ca avera . .. . . r .. , ..., . ,i. .n „ .. . . _.., „
Cape Coral 10,000 $6.25
Casselberry 2,304 $7.00
Clearwater 1,830 $11.80 j
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Clermont 3,154 $3.00
cocoa. _, 0
o;coaBeach, { g ;` ' , 00
Coconut Creek 2,070 $3.22
Delray Beach 2,502 $5.33
Doral 1,548 $4.00
Dunedin 1,708 $6.00
Edgewater 2,027 $7.00
Eustis 2,187 $3.00
Fort Myers 2,500 $4.80
Ft.Pierce 2,186 $4.50
Fort Walton Beach 3,200 $3.00
Gainesville 2,300 $8.15
Gulfport 2,300 $2.87
Haines City 1,935 $2.00
Hallandale Beach 958 $2.50
Hialeah 1,664 $2.50
Holly Hill 2,050 $6.00
Homestead 2,000 $3.18
Jacksonville 3,100 $5.00
Jacksonville Beach 1,541 $5.00
Key West 1,400 $7.35
Kissimmee 2,404 $6.68
Lake Worth 1,748 $5.80
Lakeland 5,000 $6.00
Largo 2,257 $3.57
Lake Park 6,741 $6.50
Lauderdale-by-the-Sea 4,472 $3.50
Lauderdale Lakes 2,133 $4.57
Leesburg 2,000 $4.00
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Longwood 2,898 $6.00
Madeira Beach 1,249 $5.00
Medley 1,487 $3.00
Miami 1,191 $3.50
Miami Gardens 1,548 $4.00
Miramar 3,619 $230
Mount Dora 2,500 $5.00
Mulberry 3,120 $4.00
New Port Richey 2,629 $3.36
North Lauderdale 2,138 $3.00
North Miami 1,760 $5.64
Oakland Park 1,507 $6.00
Ocala 1,948 $4.00
Orlando 2,000 $9.99
Oviedo 2,464 $4.00
Palm Coast 3,432 $8.00
Pembroke Pines 1,548 $6.25
Pensacola 2,575 $4.40
Plant City 2,280 $5.50
Polk City 1,000 $1.50
Pompano Beach 2,880 $3.00
. . .Rock dge 2 9x x.3i75 .
St.Cloud 2,664 $6.35
St.Petersburg 2,719 $6.85
Stuart 3,707 $3.76
Sunny Isles Beach 1,955 $4.00
Sunrise 1,884 $4.50
Tallahassee 1,990 $7.95
Tamarac 1,830 $9.03
1 Tampa 3,310 $3.00
1 Tarpon Springs 1,945 $5.65
Tavares 3,000 $4.50
sv e 3,300. ... . $
Titull 6` : ,.
Venice 9,489 $5.00
Wilton Manors 3,460 $3.50
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Winter Park 2,324 $10.95
Winter Springs 2,123 $5.50
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Note:Chart includes all Florida cities/towns with a defined ERU;data obtained from the Florida Stormwater
Association.
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