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HomeMy WebLinkAboutPacket 04-16-2002CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL CONSENT AGENDA City of Cape Canaveral JNCIL REGULAR MEETING #iTY HALL ANNEX enue, Cape Canaveral Flonda TUESDAY April 16, 2002 700 PM AGENDA City Council Regular Meeting Minutes of April 2 2002 2 Resolution No 2002-12 Reappointing Members to the Community Appearance Board (Bowman & Hayes) 3 Proclamation for National Public Works Week 4 Design/ Build Proposal from Brown & Caldwell Inc for Rehabilitation Work at the Wastewater Treatment Plant in the amount of $111 000 5 Cooperative Purchase for the Paving of all the Roads within the Harbor Heights Subdivision in the amount of $78 900 to APAC Florida Inc 6 Cooperative Purchase for the Paving of Banana River Drive in the amount of $13 000 to V A Paving Inc 7 Easement Agreement with Douglas C Wilson Parcel #24 37 26 CH 00000 0 0024 01 8 Easement Agreement with Douglas C Wilson Parcel #24 37 26 CH 00000 0 0025 00 9 Easement Agreement with Jean Jones Porter Parcel #24 37 26 00 00252 0-0000 0 105 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920 0326 Telephone (321) 868 1200 • FAX (321) 799 3170 • fcn state i1 us/cape/ e mail cape@iu net City of Cape Canaveral Florida City Council Regular Meeting April 16 2002 Page 2 10 Easement Agreement with Jean Jones Porter Parcel #24-37-26-00 00253 1 0000 00 11 Easement Agreement with Randall O Brien Parcel #24 -37 -23 -JI -0000 0 0000 00 12 Easement Agreement with Christ Lutheran Church of Cape Canaveral Parcel #24 37 23 00 00282 0 0000 00 ORDINANCES Second Public Hearing 13 Motion to Adopt Ordinance No 02 2002 Amending the Official Zoning Map as Described in Section 110-246 by Changing the Class of Certain Property from R 2 to M 1 on 4 601 Acres and R 2 to C1 on 5 375 Acres 14 Motion to Adopt Ordinance No 07 2002 Amending Code Section 2 234 Payment of Impact Fees 15 Motion to Adopt Ordinance No 08 2002 Amending Code Section 78-122 Payment of Sewer Impact Fees CONSIDERATIONS 16 Cooperative Purchase of a 2002 Dodge Pick Up Truck from Jack Caruso s Regency Dodge Inc in the amount of $17 845 for the Building Department DISCUSSION 17 Transportation Project Funding 18 Reserve Fund Policy 19 Additional Notice Requirements for Zoning Amendments REPORTS 1 City Manager 2 Staff 3 City Council AUDIENCE TO BE HEARD Comments will be heard on items that do not appear on the agenda of this meeting Citizens will limit their comments to five (5) minutes The City Council will not take any City of Cape Canaveral Florida City Council Regular Meeting April 16 2002 Page 3 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 Ronda Statutes the City hereby advises the public that If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting that person will need a record of the proceedings and for such purpose that person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence nor does it authorize challenges or appeals not otherwise allowed by law Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerks office (868-1221) 48 hours in advance of the meeting CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Capp Canaveral Flnrida TUE: April 2 7 0C MINI CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Council Members Present Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present Bennett Boucher City Manager Mark McQuagge City Attorney Susan Stills City Clerk Chief Dave Sargeant CCVFD PRESENTATION Spring Residential Beautification Award Bob & Peggy Johnson Mr Leo Nicholas Beautification Board Chairperson presented the Spring Residential Beautification Award plaque and a gift certificate to Mr Bob Johnson Mr Nicholas expressed that their home is an inspiration to others in the community Mr Nicholas related the Board s appreciation and encouraged Mr Johnson to continue the good work Mayor Randels commented that the Johnson s were recognized on the City s weekly calendar in the Space Coast Press Tribune CONSENT AGENDA Mayor Randels asked if any Council Member staff or interested party desired to remove an item from the Consent Agenda for discussion City Council Regular Meeting Minutes of March 19 2002 2 Proclamation for Hurricane Awareness Month City of Cape Canaveral Florida City Council Regular Meeting April 2002 Page 2 A motion was made by Mayor Pro Tem Petsos and seconded Mr Weber to approve Consent Agenda Items No 1 and 2 The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For ORDINANCES First Public Hearin 3 Motion to Adopt Ordinance No 07 2002 Amending Code Section 2 234 Payment of Impact Fees for second reading Mayor Randels read Ordinance No 07 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 2 234 PAYMENT OF IMPACT FEES BY AMENDING THE TIME REQUIREMENTS RELATED TO PAYMENT FROM AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT TO BEFORE THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr Morgan and seconded by Mr Weber to adopt Ordinance No 07 2002 for second reading Mayor Pro Tem Petsos referred to the second sentence in section one Attorney McQuagge reviewed the sentence in question and recommended to delete the second sentence in its entirety Mayor Randels clarified that the desire of the Council is to delete the second sentence of Section One Section 2 234 Paragraph (b) that read No building yew certificate of occupancy shall be issued for any structure subject to the impact fees imposed by this division unless and until all applicable impact fees have been received for such structure Mayor Randels questioned if a Certificate of Occupancy (CO) could be issued on one budding before the other two are completed Attorney McQuagge related that Mr Reid had previously stated that the address is the validation for issuing the CO Mayor Randels then asked if every apartment building or condominium unit had its own address Attorney McQuagge replied that these would be sub addresses to the main street address Chief Sargeant responded to Mayor Randels that the Flores uses sub addresses Mr Weber inquired about the cost of the CO in relationship to the cost of the entire project Mayor Pro Tem Petsos replied that the cost is paid on the portion on which the CO is being issued Mr Nicholas advised toward clear language and not leave the Budding Official subject to any argument by a developer Mayor Randels read the intended language Mr Nicholas asked if the language is at the time of or prior to the issuance of a CO Council agreed by a majority that at the time of is the desired language An amendment to the main motion was made by Mr Weber and seconded by Mr Treverton to delete Section 2 2 234 Paragraph (b) No building pe r+t certificate of occupancy shall be issued for any structure subject to the impact fees imposed by this division unless and until all applicable impact fees have been received for such structure City of Cape Canaveral Florida City Council Regular Meeting April 2002 Page 3 The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For Chief Sargeant inquired about the terms of payment to acquire a CO Attorney McQuagge replied that the ordinance does not specify Mayor Randels read from previous year s minutes that provided background on the history of impact fee payments and he related that the County does receive impact fees computed prior to the issuance of a CO for construction pursuant to a building permit Mr Treverton suggested that the language all impact fees shall be paid with certified funds Attorney McQuagge replied that the City could request the type of payment but he was unable to answer at this time He would provide a definitive answer at the next scheduled Council meeting The vote on the main motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For 4 Motion to Adopt Ordinance No 08 2002 Amending Code Section 78 122 Payment of Sewer impact Fees for second reading Mayor Randels read Ordinance No 08 2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 78 122 PAYMENT OF SEWER RATE ASSESSMENT BY AMENDING THE TIME REQUIREMENT FOR PAYMENT OF THE SEWER ASSESSMENT FROM PRIOR TO THE ISSUANCE OF THE SEWER PERMIT TO PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDNG FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr Morgan to adopt Ordinance No 08 2002 at first reading Mr Randels referred to language in the second sentence that seemed unclear and which read Except as provided in Section 78 34 a building permit certificate of occupancy shall not be issued unless a sewer permit has been first obtained He reasoned that a person could not acquire a sewer permit until impact fees are paid Mr Boucher replied that there is an actual sewer permit and impact fees are paid when a Certificate of Occupancy (CO) is issued A sewer permit is needed to attach to the sewer main Mr Boucher stated that the sewer permit is a $25 00 tap fee Mayor Pro Tem Petsos inquired about the language in that prior to is used in the ordinance title and body and he suggested a change to at the time of issuance of a CO as in the previous ordinance Mayor Randels clarified that at the time of is the intended language before the words `the issuance of the certificate of occupancy An amendment to the main motion was made by Mayor Pro Tem Petsos and seconded by Mr Morgan to change the first line of the indented paragraph in Section 78 122 to read The assessments as set forth in this division shall be payable at the time of issuance of a certificate of occupancy except as provided in Sections 78 123 The vote on the main City of Cape Canaveral Florida City Council Regular Meeting Apr112 2002 Page 4 motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For Mr Weber asked if the sewer main needed to be connected to the applicants property Mr Morgan replied that if the sewer main lies further than 150 feet the City would allow for an emergency septic tank until a closer main is established due to the cost factor Mayor Randels said that Purcell s Carpeting and Long Point Road are examples Mr Morgan related that the City placed a line in the Long Point Road area once the saturation point was met Mr Weber inquired about the subsequent language in that a CO is not issued until the fee is paid therefore verbiage assessing a late fee is not required Mayor Randels replied that this language addresses those using septic tanks that are not new construction such as on Oak Lane Mr Boucher recommended the language for such new construction after certificate of occupancy in the first line of the indented section under Section 1 Section 78 122 Mayor Randels stated that this additional change would clarify the main motion to read The assessments as set forth in this division shall be payable at the time of issuance of a certificate of occupancy for such new construction except as provided in sections 78 123 Mr Nicholas asked at what point in time does the budder obtain a reserve on sewer capacity Mr Morgan replied that capacity is committed at the issuance of the building permit Mr Nicholas questioned what happens if a permit is issued and construction is not completed Mr Morgan replied that once the building permit is issued then that capacity is committed however when the building permit is taken away then the capacity is returned to the system Mr Boucher explained that concurrency is determined prior to issuing a building permit Mr Boucher stated that there are deadlines in the concurrency chapter if action is not taken on a permit Mayor Randels restated the previous discussion for the City Attorney who had left the dais Mr Treverton stated that capacity is a tangible element that the developer receives and with a change to the ordinance they are allowed to reserve capacity at the cost of a building permit Mr Morgan replied that as the City reaches capacity the ordinance might need amending Mayor Randels related that 75 percent of capacity is the allowable amount Mr Boucher explained that the City would need to show the Department of Environmental Protection its land use and build out with a comparison of build out versus sewer plant capacity Mr Morgan questioned a potential conflict of interest in that he might have a benefit from this ordinance and he requested to abstain from voting Attorney McQuagge responded that the question is if a benefit would occur for Mr Morgan in the reservation of capacity and does it convey into a financial benefit Mr Morgan stated that it would if the City were closer to capacity Attorney McQuagge then replied that if that were the case then the potential for a financial gain to Mr Morgan could place him in the situation of having a voting conflict Attorney McQuagge informed that the City is far from capacity at this point however and that would not convey a financial benefit to Mr Morgan or create a voting conflict situation Mr Morgan stated that if the City Attorney saw differently as the process evolves prior to the final reading that the City Attorney would make reply to his request City of Cape Canaveral Florida City Council Regular Meeting April 2002 Page 5 Mayor Randels asked the City Attorney if the language for such new construction could be added as a friendly amendment to the motion The vote on the motion with the friendly amendment carried 5 0 with voting as follows Mr Morgan Abstain Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For DISCUSSION 5 Brevard County Landscaping and Land Clearing Codes Non Native Noxious Invasive Plants Mr Boucher related the County s request for the Council to review the proposed ordinance on Landscaping and Land Clearing Codes for Non Native Noxious Invasive Plants Mr Morgan asked if private property is included in this ordinance Mr Boucher replied that the ordinance applies to new construction only Mayor Pro Tem Petsos suggested that the County consider incorporating the City s plant list Mr Boucher read subparagraph (X) from the County s ordinance that outlined the removal process and designated locations Mr Morgan stated that any new homeowner might have a conflict with such trees growing on adjacent existing property Mayor Randels related that he had promoted such an ordinance from Longboat Key in the year 2000 He stated that to eradicate the existing invasive plants is the next step in the process Mayor Randels concluded that the Council s desire is for the City Manager to relate to the County its support of the ordinance and for the County to also consider the City s plant list 6 Brevard Branch Bust Projects Sponsored by Project Impact Mayor Randels related that this is an effort to educate the public on preparing their property for the upcoming hurricane season Mr Boucher reported that this is Project Impact s first countywide effort and it includes corporate sponsor participation in a hurricane awareness program for homeowners and business people to remove potentially hazardous debris He said that information would be made available for local residents through various promotional media Mayor Pro Tem Petsos inquired about staffs involvement in the copy and distribution process Mr Boucher said that information would be made available at the Library Recreation Center and City Hall and that no mass mailing is required Council agreed by majority to support the information distribution effort Mr Morgan stated that the mayor danger is trees with heavier limbs not the palm trees Mr Treverton suggested that the Part Time Code Enforcement Officer make notes on what trees need attention Mr Weber commented on trimming the trees in the Xeriscape Park Staff will work toward a community project along with the Beautification Board and Keep Brevard Beautiful City of Cape Canaveral Florida City Council Regular Meeting Apn12 2002 Page 6 REPORTS City Manager • Mr Boucher reported that the new Fire truck would be on display at the Space Coast League of Cities dinner on Monday April 8th • Mr Boucher related Chief Sargeant s request for the Council to review an agreement Chief Sargeant explained this is the Emergency Management Services agreement to reimburse the CCVFD for response calls however the check was made payable to the City and not the Fire Department Chief Sargeant explained further that when the check is made payable to CCVFD then a percentage is given to the Port and the City He stated that to make changes to the executed document would not be expeditious A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels for an add on item of an agreement between Brevard County and the City of Cape Canaveral The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve the agreement of February 26 2002 The vote on the motion carried 5 0 with voting as follows Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels For Mr Treverton For and Mr Weber For Mr Boucher announced that the plaque for George Firkins Manatee Boardwalk dedication is ready The Recreation Board recommends a date in late May around 6 P M and the Firkins family will be notified Mr Boucher announced that Mr Bennix dedication plaque is also ready The Beautification Board will set a time frame for the ceremony Mr Nicholas related that the Board was awaiting a pedestal Mr Boucher informed that a temporary pedestal could be installed for the ceremony Mayor Randels and Mayor Pro Tem Petsos stated that they would prefer to wait until the permanent structure is ready Mr Boucher informed that he sent Council Members a PowerPoint presentation to review prior to the visioning meeting Staff support members the City Engineer and the City Planner will attend He asked Council to review the five year plan from the City s Budget to familiarize themselves with prior capitol improvements 2 Staff City Attorney • Mayor Pro Tem Petsos inquired about Fairvilla s item on the Beautification Board agenda for beautification and sidewalks He asked if this would interpret anything prior to their special request or variance Attorney McQuagge stated that what is proposed is an amendment to the previous settlement agreement He stated further that what is proposed in conjunction with the Department of Transportation Beautification project on SR A1A is a $25 000 cost contribution by Fairvilla for landscaping along A1A which would include a sign that meets the City s sign code requirements but is different from the terms of the settlement agreement Mayor Pro Tem Petsos expressed concern City of Cape Canaveral Florida City Council Regular Meeting Apn12 2002 Page 7 with Beautification being approached prior to the Council and if that would construe that the Council is entertaining a change to the terms of the agreement Attorney McQuagge related to Mr Beals that there is no intention of amending the settlement agreement prior to meeting with the Council and Attorney McQuagge would relate this information preceding discussion Mr Beals indicated one condition in the settlement agreement is an additional condition that would require no additional modification if he were to implement it Mayor Pro Tem Petsos expressed concern with the possibility of the Board agreeing and the Council disagreeing and if litigation would follow Attorney McQuagge said that he would consult with Brad Bettin regarding the agreement Council agreed by a majority to retain the terms of the existing agreement Mr Nicholas questioned about the Keep Florida Beautiful signs Mayor Pro Tem Petsos replied that those signs were not included in the agreement City Clerk • Mrs Stills announced that the Annual Board Appreciation Dinner is May 18th 6 P M at the Radisson • Mrs Stills reported on two interested Board applicants and pending interviews • Mrs Stills reported that School Crossing Guard Kenneth Peterson was injured when a dog leashed near the owners boat dumped at him knocking him backwards Mr Peterson is convalescing and the dog owner is under investigation with Brevard County Animal Control • Mrs Stills announced that the Supplement 9 to the City Code Books have arrived and are inclusive up to the Building Amendment ordinance • Mayor Pro Tem Petsos asked that the Clerk s Office forward a City Board application to Mr Steve Roney AUDIENCE TO BE HEARD No comments from the audience 3 City Council Mr Morgan • No report Mr Weber • Mr Weber announced the Annual Trash Bash on April 20th with sites at the Cape Canaveral Library Leo Nicholas site Captain and Cherie Down Park Martha Carroll Site Captain • Mr Weber requested an Update to the Accomplishments Boards • Mr Weber referred to the telephone recycling effort and the need for promotion Discussion followed on how to ensure that the Cape View School receives credit for the books left at the Cape Canaveral Library dumpster Mr Boucher suggested a sign on the marquee announcing to drop the books off at the school City of Cape Canaveral Florida City Council Regular Meeting April 2002 Page 8 Mr Treverton • Mr Treverton inquired about Virginia Haas attendance at the IIMC Annual Conference in Texas Mrs Stills stated Ms Haas would not attend the Annual Conference in Texas however she is scheduled to attend the IIMC Municipal Clerks Institute in the fall and that she would continue to budget for professional development training for Ms Haas in the coming year Mr Treverton referred to investment information in the League of Cities Datagram He inquired about investing in a bond fund and asked if Council and staff could address this inquiry Mayor Randels stated that the City excluded that fund when adopting the amended investment policy Mayor Pro Tem Petsos requested that this be placed under Discussion on the next Council agenda • Mr Treverton announced that he accepted an Adjunct Professor position to teach math to the Brevard County Sheriff's Department • Mr Treverton reported on another stopped Trolley in front of the Azteca 11 restaurant Mr Treverton asked if the City could contact the trolley management in order to protect those disembarking + Mr Treverton referred to Community Appearance Board Minutes regarding discussion of chain link fences Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about recouping sales tax for construction fobs Mr Boucher related that the Finance Department was tasked with researching this at the last staff meetings + Mayor Pro Tem Petsos expressed appreciation for the daily command staff reports and expressed concern with many reported break ins and asked if these are being addressed Mr Boucher informed that the suspect might be in custody Mr Morgan inquired a break in in the 300 block of Lincoln Avenue Mr Treverton replied with results from the latest report Mr Morgan stated that unlocked doors are a potential hazard Mr Boucher replied that Community Policing Information is in order • Mayor Pro Tem Petsos reported on people sleeping under the crossovers Mr Boucher will address this issue during staff meeting • Mayor Pro Tem Petsos disseminated information on an $80 000 private donation for a dog park in the Vero Beach area Mr Morgan commented on the fishermen on the beach that leave bait that attracts sharks into the beach area Mayor Randels Mayor Randels announced that the Cocoa Beach Rotary Club has relocated to Cape Canaveral The group met at the Moon Hut Restaurant + Mayor Randels announced that the Brevard Zoo held its groundbreaking on the African animal exhibit + Mayor Randels reported on the success of the Hurricane Conference held at the Radisson + Mayor Randels reported that the Space Coast Press Tribune Editor Susan Smiley would like to hold the Editor s Day Out at the Manatee Sanctuary Park possibly at the grand opening Mayor Randels reported that he traveled to Tallahassee for Library Days requesting State aid to Public libraries The result was $6 million in State aid to local libraries with no City of Cape Canaveral Florida City Council Regular Meeting Apn12 2002 Page 9 loss in library personnel Mayor Pro Tem Petsos recommended contacting Katherine Swinesberg to address the screen maintenance issue • Mayor Randels announced that Charlie Pmdziak took first place in math for the County at Melbourne Catholic • Mayor Randels reported that the Clean Fuel Advisory Board published its 2002 Fueling Report and noted that the City s electric vehicle was included • Mayor Randels asked if there were any interest in sponsoring a race car driver for the Children s Home Society Mayor Pro Tem Petsos suggested an individual donation • Mayor Randels announced the Space Coast League of Cities dinner next Monday night April 8'h at 6 P M • Mayor Randels distributed a Coast Guard Boating Safety Booklet • Mayor Randels reported on the trend of decreased attendance at the Cape View Elementary School from 483 students in the year 2000 to 436 students this year Mayor Randels informed that the demographic has changed due to condominium development and the lost of median income families Mr Morgan noted that the City s Comprehensive Plan calls for affordable housing • Mayor Randels announced that Florida Power and Light has given the Florida Urban Forestry Council $30 000 for posters Mayor Randels pointed out that the City s manner of trimming sable palms is incorrect ADJOURNMENT There being no further business a motion was made by Mr Weber and seconded by Mr Treverton to adjourn the meeting at 9 25 P M Motion carried unanimously Rocky Randels MAYOR Susan Stills CITY CLERK RESOLUTION NO 2002 12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA REAPPOINTING REGULAR MEMBERS TO THE COMMUNITY APPEARANCE 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 City Code Section 22 37 created a Board known as the Community Appearance Board and WHEREAS it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Walter Bowman is hereby re appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral Florida with a term to expire on May 1, 2005 SECTION 2 Karen Haves is hereby re appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral Florida with a term to expire on May 1 2005 SECTION 2 This Resolution shall take effect immediately upon its adoption 11C pe- ftcdyc! rk1C tyOklRes I t 1BOARMR ppo ntm WC mm tyAppaara DOC City of Cape Canaveral Resolution No 2002 12 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this 16th of Agri 12002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY 1%Cape-nticityclerklCityClklResoiutrons\BOARDSIReappointments\CommunityAppearance DOC 357 Coral Drive Cape Canaveral PL 32920 Dear Ms Hayes ;1ty of Cape Canaveral Your term on the Community Appearance Board expires on May 1 2002 Please check the box that indicates your desire to continue to serve on the Board for another three year term and return this notice immediately to your Board secretary or the City Clerk The resolution to re appoint Board members is scheduled to appear on the City Council Agenda of Tuesday April 16 2002 Thank you I DO wish to be considered for reappointment I DO NOT wish to be considered for reappointment (Signature) *mmu-nityAppearance Board Member Sincerely Susan tills CITY CLERK 105 Polk Avenue • Post Office Box 326 + Cape Canaveral FL 32920 0326 Telephone (321) 868 1200 • FAX (321) 799 3170 • fcn state 13 us/cape/ e mail cape@lu net 123 Burt Unve Cocoa Beach FL 32931 Dear Mr Bowman -.ity of Cape Canaveral Your term on the Community Appearance Board expires on May 1, 2002 Please check the box that indicates your desire to continue to serve on the Board for another three year term and return this notice immediately to your Board secretary or the City Clerk The resolution to re appoint Board members is scheduled to appear on the City Council Agenda of Tuesday April 16 2002 Thank you XI DO wish to be considered for reappointment ❑ I DO NOT wish to be considered for reappointment (Signature) Community Appearance Boa(d Vice Chairperson Sincerely �Susanlls CMC CITY CLERK 105 Polk Avenue . Post Office Box 326 • Cape Canaveral FL 32920 0326 Telephone (321) 868 1200 . FAX (321) 799 3170 • fcn state fl us/cape/ e mail cape@lu net Meeting Type Regular Meeting Date 64 16-02 AGENDA H a(h g Consent It m 2 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 13 REAPPPOINTING REGULAR MEMBERS TO THE CON94UNITY APPEARANCE BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the reappountment of Mr Walter Bowman and Mrs Karen Hayes as regular members to the Community Appearance Board Summary Explanation & Background Both individuals have requested to be reappointed to this board terms will expire 05 01 2005 I recommend approval Exhibits Attached Resolution No 2002 12 City Ma r' bffice Department LEGISLATIVE cape �tdocuffo6(!!!t �c mg12002104 12002 12 doc WHEREAS public works services provided in our community are an integral part of our citizens everyday lives and WHEREAS the support of an understanding an informed citizenry is vital to the efficient operation of public works systems and programs such as water sewers streets and highways public buildings solid waste collection parks and canal maintenance and WHEREAS the health safety and comfort of this community greatly depends on these facilities and services and WHEREAS the quality and effectiveness of these facilities as well as their planning design and construction is vitally dependent upon the efforts and skill of public works officials and WHEREAS the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people s attitude and understanding of the importance of the work they perform WHEREAS this years theme 'Working in the Public Interest is a tribute to the positive improvements public works employees have made to our communities NOW THEREFORE I Rocky Randels Mayor of the City of Cape Canaveral Brevard County Florida do hereby proclaim the week of May 19 — 25 2002 as National Public Works Week In the City of Cape Canaveral and call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health safety comfort and quality of life fIK/QPCGgN 'PN6L[L y ! Neyk5,4s5ectatien lytovda CAapE¢r January 24 2002 ED GARDULSKI DPW CITY OF CAPE CANAVERAL 105 POLK AVE CAPE CANAVERAL FL 32920 0326 r• RE "Working in the Public Interest" during National Public Works Week May 19 —25 2002 Dear ED This year National Public Works Week will be celebrated May 19 -- 25 2002 The theme of "Working m the Pubhc Interest" clearly promotes your efforts as a public works professional since public works projects are vital to the growth and quality of life of any community By promoting this event government officials business leaders and citizens will learn from you about the positive impact of public works protects Join this celebration by acknowledging the men and women who perform so well in their chosen profession by issuing a proclamation recognizing National Public Works Week Last year the APWA Florida Chapter received over 70 proclamations to display at the Tradeshow What an impressive sight to see With your participation, we can show the continued support to those in the Public Works field Please mail an original copy of your proclamation to me at the address below so that it will be proudly displayed for all to see at the APWA Florida Chapter Annual Meeting and Tradeshow March 25th — 29 2002 in Jacksonville A sample proclamation has been enclosed for your review During this week there are many activities and events you may implement to remind the public that our work improves the quality of life for everyone in the community Some communities hold special events to showcase the services provided some hold equipment rodeos and give away prizes to employees or door prizes to the public Ideas and suggestions are welcome as it may assist your fellow public works directors In the past articles regarding the activities of several cities have also been published in the APWA Newsletter I hope you find this information to be a valuable tool as you plan a National Public Works Week celebration. If you have any questions or require any assistance please do no hesitate to contact me at the telephone number listed below Good luck with National Public Works Weekl Very truly yours Rick Keeney Chairman Public Works Week Committee APWA Mail Public Works Week Proclamations to City of Punta Gorda CIO Rick Keeney 900 West Henry Street Punta Gorda, FL 33950 Telephone (941) 575 5050 Fax (941) 575 5044 E mail pubworks@ci.punta gorda Meeting Type Regular Meeting Date 04 16 02 AGENDA H ading Consent It m 4 N 1 Corrosion of steel at the aerator bridge and supports AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT DESIGNBUILD PROPOSAL FROM BROWN & CALDWELL INC FOR REHABILITATION WORK AT THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $111000 DEPT /DIVISION PUBLIC WORKS/WWTP Requested Action City Council consider approval of the design/build proposal from Brown & Caldwell, Inc in the amount of $111000 for rehabilitation work at the wastewater treatment plant and make the appropriation of funds from the sewer fund reserves Summary Explanation & Background The scope of work is on (3) problem areas 1 Corrosion of steel at the aerator bridge and supports 2 Corrosion of steel at the clarifier bridge supports 3 Twisting and shearing of elevated walkway at the first anoxic structure City Council was given this proposal on 03 22 02 to review This is not a budgeted item and the $111000 will have to be appropriated from the sewer fund reserves The City has a continuing contract with this firm. I recommend approval Exhibits Attached City Manager s memo of 03 22 02 Public Works Director s memo of 03 22 02 Proposal City /Nuns sr's a Department PUBLIC WORKS/WWTP C.:. ��� ,: .� ,;iiia. _ �i i• � ��. Memo TO HONORABLE MAYOR AND MEMBERS OF Cl UNCIL From BENNETT C BOUCHER CITY MANAGER Data 3122102 Re: DESIGN/BUILD PROPOSAL REHABILITATION WORK AT THE WASTEWATER FACILITY The City Council had requested that staff obtain a design/build proposal from Brown & Caldwell for the rehabilitation work the public works director outlined at the 01 15- 02 council meeting I will be placing the attached proposal on the 04 16-02 agenda and wanted to give you all ample time to review and consult with the public works director on this issue BCB kmm Attachment 0 Page 1 MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 2$, 2002 SUBJECT City Council Agenda Item for April 1G, 2002 Design Build Rehabilitation of the Treatment Facility The Public Works Treatment Facility is in need of rehabilitation repairs to support structures As an aging facility the treatment facility operates with a very corrosive environment As the result of corrosion to the steel infrastructure damage is accruing to the concrete support due to spalling More so changes to the structure walkways are resulting due to some unknown reason These problems were not known during the budget process hence funds were no budgeted On January 15th 2002 City Council tabled the agenda item 99 for consideration of a proposal from Brown and Caldwell to evaluate structural improvement to the wastewater treatment facility and requested for a proposal for a design build proposal Attached is the design build proposal from Brown and Caldwell in the amount of $112 000 Recommend the approval of engineering services from Brown and Caldwell for the rehabilitation study of the treatment facility in the amount of $112 000 and the appropriation of funds Attachment CC File PROPOSAL TO PROVIDE ENGINEERING SERVICES ENGINEERING INSPECTION FOR REHABILITATION OF THE AERATOR BRIDGE EXTERIOR SUPPORTS AT AERATION BASIN, WALKWAYS AND STAIRS BETWEEN PT STRUCTURE AND ANOXIC BASIN, AND CLARIER BRIDGE EXTERIOR SUPPORTS AT SECONDARY CLARIFIERS CAPE CANAVERAL WATER RECLAMATION FACILITY The following sections describe the approach scope of services schedule and fee for the engineering services to be provided by Brown and Caldwell for this project PROJECT APPROACH • Operations staff has reported significant corrosion of the steel at the aerator budge exterior supports in the aeration basins These outer most supports are corroding and concrete at the integral pedestals is also cracked and spalling The proposed solution is not to simply rehabilitate the corroding steel but also to remove spalled concrete in the presence of a registered structural engineer to review concrete conditions behind the spalls and to provide solutions for the rehabilitation to the concrete pedestals as well Brown and Caldwell feels that this can best be accomplished with a design build project approach after the initial preliminary engineering sketch is prepared during the concrete removal processes Brown and Caldwell is not reviewing or altering the original design by the engineer of record We are simply correcting an apparent corrosion failure at the concrete pedestals and recoating the structural steel supports Operations staff has reported significant corrosion of the steel at the clarifier bridge exterior supports at the secondary clarifiers The proposed solution to this situation is to closely examine the supports and to replace the steel bearing plates with aluminum bearing plates and to rehabilitate the steel surfaces of the clarifier bridge truss Operations staff have reported significant twisting and shearing of base connections of the walkway and associated stairs between the preliminary treatment structure and the first anoxic structure The proposed solution is for Brown and Caldwell to provide a detailed inspection of the walkway and stair system and provide engineered solutions to rehabilitate the walkway and stairs to their original functional purpose Brown and Caldwell will also suggest an ongoing monitoring program to assess any additional movements of the walkway C Iw ndo vs\TEMPIDB Proposal 2 doe SCOPE OF SERVICES The following work activities will be performed Task 1— Review Available Data Brown and Caldwell will review available design drawings and as built information for the aeration basin It is apparent that this activity must include review of construction shop drawings that have deviated from the original design Brown and Caldwell must obtain these from the City the design engineer or the constructor of the project prior to initiating the work The task includes two days on site to visually inspect the pedestals during concrete spall removal Brown and Caldwell will review as built information available for the secondary clarifier tank and clarifier steel bridge supports This task includes an on site visit to visually inspect the clarifier bridge exterior supports • Brown and Caldwell will review design drawings as built information and survey data for the current walkway configuration between the preliminary treatment and first anoxic structures This task includes an on site visit to visually inspect the walkway and review the available data Task 2 — Engineering Analysis and Recommendation • A sketch illustrating the general repair of the concrete pedestals will be submitted to the City along with field notes and color photographs of the underlying surface conditions Once construction begins Brown and Caldwell will observe the condition of the concrete and provide revised recommendations if necessary Brown and Caldwell will recommend improvements to alleviate the corrosion problem at the secondary clarifier bridge exterior support Recommended rehabilitation will be described in sufficient detail to identify location surface preparation and coating materials and other relevant features A sketch illustrating the location and general arrangement of proposed improvements will be submitted to the City Brown and Caldwell will review the walkway conditions between the preliminary treatment and first anoxic structures and will recommend rehabilitation measures to restore the walkway and stair functionalility Recommended rehabilitation will be described in sufficient detail to identify location size and geometry of relevant features A sketch illustrating the location and general arrangement of proposed improvements will be submitted to the City The corrective actions will provide a 2 C 1 vmdows\TEMP\DB Proposal 2 doc walkway that can adequately respond to additional tank settling However no efforts to halt tank settling are included in this proposal Task 3 — Design Build Construction Brown and Caldwell in conjunction with the Haskell Company out of Jacksonville Florida, will proceed with the proposed correction action The recommended repairs and corrective actions will be performed in accordance with the applicable state safety requirements and standard construction practices The construction activities will be coordinated with the City so that operational disruptions are minimized PROJECT SCHEDULE Brown and Caldwell will complete the preliminary engineering work and submit illustrative sketches field notes and color photographs within one month of project authorization Also a construction activity schedule will be provided at this time detailing the sequence and duration of the construction The overall duration of the project will not exceed six months PROJECT FEE Brown and Caldwell proposes to perform the Scope of Services identified in this proposal for the lump sum amount of $112 000 00 RI C lwindo vs1TEMPIDB Proposal 2 doe MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulski Public Works Director DATE January 9, 2002 SUBJECT City Council Agenda Item for January 15th 2002 Engineering Services for Rehabilitation Study of the Treatment Facility The Public Works Treatment Facility is in need of rehabilitation repairs to support structures As an aging facility the treatment facility operates with a very corrosive environment As the result of corrosion to the steel infrastructure damage is accruing to the concrete support due to spalling More so changes to the structure walkways are resulting due to some unknown reason These problems were not known during the budget process hence funds were no budgeted Attached is a proposal from Brown and Caldwell to analysis the structure problems with the treatment facility and estimate the probable cost for corrective action As the result of this engineering report staff will be better able to determine the urgency for corrective action and to be able to make recommendations for scheduling and funding of the necessary repairs No funds were budget for this study or for any required corrective action Attached is a drawing depicting the location of the structures in question Recommend the approval of engineering services from Brown and Caldwell for the rehabilitation study of the treatment facility in the amount of $11000 and the appropriation of funds Attachment CC File SYSTEM MENU ovERYIEw R1JNiIMES TOTALS TRENDS REI'Olirs HELP 940 32P � OVERVIEW 419102 INTERMEDIATEp NT OVER IEh� PUMP RUNM PULPS STATION_ HYDRO TANK EFFLUENT PUMP STATION TO COCOA 19EACH SLUDGE PRETREATMENT STRUCTURE GEN IFUEL SLUDGE HOLDING FERMENTATION FIRST ANOXIC BASINS FLOW EQUALIZATION BASIN CHLORINE CONTACT FILTERS ET PUMP IRP MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 22 2002 RE Brown and Caldwell Design Build Proposal for Rehabilitation of the Treatment Facility On January 15`h 2002 City Council tabled the agenda item 44 for consideration of a proposal from Brown and Caldwell to evaluate structural improvement to the wastewater treatment facility and requested for a proposal for a design build proposal Attached is the design build proposal from Brown and Caldwell in the amount of $111 000 for your review I am scheduling to present a city council agenda item for April 16'h regular scheduled meeting Please advise PROPOSAL TO PROVIDE ENGINEERING SERVICES ENGINEERING INSPECTION FOR REHABILITATION OF THE AERATOR BRIDGE EXTERIOR SUPPORTS AT AERATION BASIN, WALKWAYS AND STAIRS BETWEEN PT STRUCTURE AND ANOXIC BASIN, AND CLARIER BRIDGE EXTERIOR SUPPORTS AT SECONDARY CLARIFIERS CAPE CANAVERAL WATER RECLAMATION FACILITY The following sections describe the approach scope of services schedule and fee for the engineering services to be provided by Brown and Caldwell for this project PROJECT APPROACH • Operations staff has reported significant corrosion of the steel at the aerator bridge exterior supports in the aeration banns These outer most supports are corroding and concrete at the integral pedestals is also cracked and spalling The proposed solution is not to simply rehabilitate the corroding steel but also to remove spalled concrete in the presence of a registered structural engineer to review concrete conditions behind the spalls and to provide solutions for the rehabilitation to the concrete pedestals as well Brown and Caldwell feels that this can best be accomplished with a design build project approach after the initial preliminary engineering sketch is prepared during the concrete removal processes Brown and Caldwell is not reviewing or altering the original design by the engineer of record We are simply correcting an apparent corrosion failure at the concrete pedestals and recoating the structural steel supports Operations staff has reported significant corrosion of the steel at the clarifier bridge exterior supports at the secondary clarifiers The proposed solution to this situation is to closely examine the supports and specify a protective coating assuming structural damage is not occurring at this time Brown and Caldwell feels that this can best be accomplished with an engineering inspection and recommendation of a coating system to protect the steel connections The City at that time can determine the contract vehicle to have the rehabilitation work performed • Operations staff have reported significant twisting and shearing of base connections of the walkway and associated stairs between the preliminary treatment structure and the first anoxic structure The proposed solution is for Brown and Caldwell to provide a detailed inspection of the walkway and stair system and provide engineered solutions to rehabilitate the walkway and stairs to their original functional purpose C Iw ndo s1TE-MP\DB Proposal doe Brown and Caldwell will also suggest an ongoing monitoring program to assess any additional movements of the walkway SCOPE OF SERVICES The following work activities will be performed Task 1— Review Available Data Brown and Caldwell will review available design drawings and as built information for the aeration basin It is apparent that this activity must include review of construction shop drawings that have deviated from the original design Brown and Caldwell must obtain these from the City the design engineer or the constructor of the project prior to initiating the work The task includes two days on site to visually inspect the pedestals during concrete spall removal Brown and Caldwell will review as built information available for the secondary clarifier tank and clarifier steel bridge supports This task includes an on site visit to visually inspect the clarifier bndge exterior supports Brown and Caldwell will review design drawings as built information and survey data for the current walkway configuration between the preliminary treatment and first anoxic structures This task includes an on site visit to visually inspect the walkway and review the available data Brown and Caldwell will review as built information for the preliminary treatment structure channels and bar screen This task includes an on site visit to visually inspect areas specifically related to operation of the bar screen Task 2 — Engineering Analysis and Recommendation • Brown and Caldwell requests that the City bring in a contractor or City personnel to set scaffolding and remove the cracked and spalled concrete to facilitate the review of underlying surface conditions at the aerator exterior supports A sketch illustrating the general repair of the concrete pedestals will be submitted to the City along with field notes and color photographs of the underlying surface conditions Brown and Caldwell will recommend improvements to alleviate the corrosion problem at the secondary clanfier bridge exterior support Recommended rehabilitation will be described in sufficient detail to identify location surface preparation and coating materials and other relevant features A sketch illustrating the location and general arrangement of proposed improvements will be submitted to the City 2 C 1 vindows\TEMPIDB Proposal doc Brown and Caldwell will review the walkway conditions between the preliminary treatment and first anoxic structures and will recommend rehabilitation measures to restore the walkway and stair functionalility Recommended rehabilitation will be described to sufficient detail to identify location size and geometry of relevant features A sketch illustrating the location and general arrangement of proposed improvements will be submitted to the City Brown and Caldwell will design and specify an appropriate lifting device for the bar screen The recommended improvements will be described in sufficient detail to identify location size capacity and other relevant features A sketch illustrating the location and general arrangement of proposed improvements will be submitted to the City Task 3 — Design Build Construction Brown and Caldwell in conjunction with the Haskell Company out of Jacksonville Florida will proceed with the proposed correction action The recommended repairs and corrective actions will be performed in accordance with the applicable state safety requirements and standard construction practices The construction activities will be coordinated with the City so that operational disruptions are minimized PROJECT SCHEDULE Brown and Caldwell will complete the preliminary engineering work and submit illustrative sketches field notes and color photographs within one month of project authorization Also a construction activity schedule will be provided at this time detailing the sequence and duration of the construction The overall duration of the project will not exceed six months PROJECT FEE Brown and Caldwell proposes to perform the Scope of Services identified in this proposal for the lump sum amount of $111 000 00 3 C 1 vindows\TEMKDS Proposai doe Meeting Type Regular Meeting Date 04 16 02 AGENDA H ad g Consent It M 5 N Paving was required for the new sewer main that was installed within the 200 block of Harbor Drive City Council AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT COOPERATIVE PURCHASE FOR THE PAVING OF ALL THE ROADS WITHIN THE HARBOR HEIGHTS SUBDIVISION IN THE AMOUNT OF $78 900 TO APAC FLORIDA, INC DEPT /DIVISION PUBLIC WORKS/STREETS Requested Action City Council consider the approval of the cooperative purchase for the paving of all roads within the Harbor Heights subdivision in the amount of $78 900 to Apac Florida, Inc and the appropriation of sewer reserve funds in the amount of $21900 00 and the general fund paving escrow fund in the amount of $57 000 Summary Explanation & Background The public works director is utilizing the Brevard County Bid Paving was required for the new sewer main that was installed within the 200 block of Harbor Drive City Council asked staff to obtain a quote to pave the remainder of the roadways within this subdivision, The public works director is recommending the paving of the entire subdivision and the appropriation of funds Exhibits Attached Public Works Director s memo of 03 28 02 City Man r ffice Department PUBLIC WORKS/STREETS MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulslu Public Works Director DATE March 28 2002 SUBJECT City Council Agenda Item for April 16 2002 Cooperative Purchase for Road Maintenance Services From APAV Florida Inc Macasphalt Division To pave Harbor Height Subdivision Brevard County awarded bid 3 02 13 for their Roadway Resurfacing Program to APVAV Florida Inc Macasphalt Division The City of Cape Canaveral s Public Works Director contacted Macasphalt in regards to a cooperative purchase for the milling and resurfacing of Harbor Drive Coral Drive Coquina LN and the unimproved beach parking area within the Harbor Heights subdivision These roads with Harbor Heights were last paved in 1983 about 20 years ago Attached is a copy of the Resolution 83 61 The following are two options for consideration for the resurfacing of the Harbor Heights Subdivision Option #1 The resurfacing if Harbor Drive is in need of maintenance as the result of the City Sewer line force main and Lift Station #4 construction project therefore it will he in the best interest of the City of Cape Canaveral to pave this portion of the road Funds were budgeted in last year s budget within the Enterprise Fund in the amount of $400 000 and were not fully expended The total amount approved by City Council for the Lift Station rehabilitation was $246 478 This construction projects was a multi year project hence last years budgeted funds is need to be brought forward Attached is a copy of the bid price for the road resurfacing of Harbor Drive for the amount of $21 859 50 Recommend the approval of the cooperative purchase agreement from Macasphalt for the resurfacing of the west half of Harbor Drive and the south portion of Coquina Lane in the amount of $21 859 50 and the appropriation of the necessary Enterprise Funds Option #2 The resurfacing of Harbor Drive is in need of maintenance and as the result of the City s sewer line force main and Lift Station #4 construction project Therefore it will be in the best interest of the City of Cape Canaveral to resurface the all roadways within the Harbor Height Subdivision and the unimproved beach end parking area Funds were not budgeted within this year s budget within the General Fund The funding for this paving project is available from funds set a sided by Council for future paving projects Attached is a copy of the bid price for the road resurfacing all of the roads in the amount of $78 897 50 Funded for this project will entail $21 859 50 Enterprise Fund plus $57 038 general Fund) Recommend the approval of the cooperative purchase agreement with Macasphalt for the resurfacing of all the roadways within the Harbor Heights Subdivision for the amount of $78 897 50 and the appropriation of the necessary Funds Attachment CC File / e P� RESOLUTION NO B3-61 fYff CrQI ��- �� A RESOLUTION DETERMINING TO MAKE CERTAIN LOCAL STREET IMPROVEMENTS IN THE HARBOR HEIGHTS AREA RESURFACING PROJECT IN THE / CITY OF CAPE CANAVERAL FLORIDA ADOPTING THE ASSESSMENT PLAT AND PLANS AND SPECIFICA- TIONS SUBMITTED BY CITY ADMINISTRATION DETERMINING TO DEFRAY THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST THE PROPERTIES BENE- FITED THEREBY AND DIRECTING CITY ADMINISTRATION TO MAKE AND FILE WITH CITY COUNCIL AN ASSESSMENT ROLL COVERING SUCH LOCAL STREET IMPROVEMENTS PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The assessment plat plans and specifications for certain local street improvements in the Harbor Heights Resurfacing Project in the City of Cape Canaveral Florida prepared by the City Administration and presently on file with the City Clerk are hereby adopted and approved The location of such local street improvements (herein called project ) is described as follows HARBOR DRIVE - from east Lntersectaaa of 401 which terminates on the east approximately 24 feet of Lot 103 CORAL DRIVE -- from the intersection of Sea Shell Lane to the terminus at Harbor Drive COQUINA LANE - from the intersection of Harbor Drive south approximately 100 feet and the intersection of Coral Drive north approximately 100 feet SEA SHELL LANE - Ln its entirety SECTION 2 It is hereby determined to construct such project and to defray the cost thereof by special assessments to be levied against the properties benefited The nature of the proposed public improvements is the construction of certain street improvements in the City including the repair paving and hard surfacing Such assessments shall be paid in not exceeding three (3) equal yearly installments with interest at the rate of not exceeding eight percent (8%) per annum on the unpaid balances from the date of acceptance by the City Council of such project to which if not paid when due there shall be added a penalty of one percent (1%) per month until paid prov3.ded that such Resolution No 83-61 Page 1 of 3 aq i MacTM March 8 2002 APAC-Florida, Inc Macasphallt Division PO Box 411029 Melboume FL 32941 1029 Office 321/242 0236 0 Fax 321/242 5878 Attn Wal er gandish City of Cape Canaveral 601 Thurm Avg Cape. Canaveral cL 32920 RE Harbour Heights Street Repair Macasphalt Dir ision APAC-FL Inc Macasphalt biv is pleased to provide you with the following quote for the Milling and Resurfacing of Harbour Dr alorg with the installation of millings on Oak Lane and the park located an the end of Harbour Drive next to she beach 1 Mi Ihng and Cleanup 1 LS @ $7 900 Ea $ 7 900 00 2 Pave w/ 1114 S 3 Approx 230 Ton @ $4015 per Tor $ 9 234 50 3 Install Millings 1 LS @ $4 500 Ea $ 4,50000 4 Install Manhole Riser i EA @ $228 OU $---Z2'3 0Q Total Estimate $ 21859 50 This project involves milling the section of Harbour brave where the force main is bung installed The millings will place at two locatiors first the pork located nea the beach then the remainder of the millings will be place on Oak Lane The street will be repaved with 1 1/4 S 3 Asphaltic Concrete if you have any questions regarding this quote please feel free to give me a call at our office Sincerely Jeffrey M. Snyder Estimator Re file 3338 BRANCH OFFICES 0 Avon Park N Orlando 0 IN inter Haven aEcTM AFAC-Florida, Inc Maeasphalt Division PO Box 411029 Melbourne FL 32941 1029 Office 321/242 0236 ® Fax 321/242 8878 Macasphalt Division f 141 March 1 2DD2 ^�I`7J A� Walter Bash J City of Cape Canaveral 601 Thurm Ave Cape Canaveral. FL 32'24 RE Harbour Height Subdivision Milling and Repaving APAC-FL Inc, Macesphait Div s pleased to provide you with the following quote for the Milling and Resurfacing of the street iccated in the Harbour Heights Subdivision 7 Milling and Cleanup 1 LS Q $25 000 Ea $ 25 000 00 2 Pave wl 1 114 S-3 Approx 1 150 Tons a 54015 per Ton $ 46 172 50 3 install Millings 1 LS 0 $4 600 Ea. $ 460000 4 Restripe Similar to Existrig 1 LS Q $850 00 Ea $ 950 00 5 Install Manhole Riser 5 EA a $215 00 Ea $ 107500 8 Maintenance of Traffic 1 LS @ $2,200 Ea S 2.240 00 Total Estmete, S 79 897 50 This project involves milling the streets located in the Harbor Heights SubdivIdon placemem of millings in beach paWng acxess located at the and of Harbour Dr and on Dale Lane Also included in this quote is repaving with 1 114 S-3 Asphalt, manhole nso's maintenance of trefFc and restrip ng similar to existing There was also a question about the cost of removing and replacirg curb Typically this cost can approximaly run between $35 and S50 per LF aPhough an exact number cannot be determined untii the total amount of curb needing to be replaced is decided on by the City of Canaveral if you have any questions regarding this quote feel free to give me a call at our office Sincerely e M Snyder Estimator Re; fide 3339 ARAriCH OFFICES ■ Avon Park N Orlando 0 Winter Hallon 02/21/02 TVJ 12 16 FkX 321 037 5302 BRMARD CO PURCHASING �t B a F. R �PV-V4 @OARG OF COUNTY COMMISSIONERS ¢� � IA FLOMDA S SPACE COAST 4 G /QCbgt�¢ Manage mens Services Group Phone (321) 617 7390 Parcbasing Services Facdmile (321) 617 7391 2725 judge Fria Jamieson Way Sulie 0303 Facnrnge (32 1) 637 5302 V1era, rL 12940 F0001 NOTICE OF AWARD FEB 2 1 2002 DATE November 1 2001 BID #/TITLE Asphaltic Concrete -- Countywide gid # 3-02-13 PURCHASING AQENT Leslie Rothering Yes pnmafy :-- Yes Secondar t Corp _ Yes None ❑ BOARD AWARD -AGENDA ATTACHED ® APPROVED AWARD (NON BQARD AGENDA) (PerSeetiona ill E & III I G J BCC 24 PROCUREMENT) � -All 0 Award to Overall Lowest most Responsly r�tmunt three bids received ❑ Award to other than low with lou blef being non-responsive (Copy to Manager) REASON FOR NON RESPONSIVENESS ❑ Award to low bid fes -s than three responses received fe opy to Manager REASON FOR LESS THAN THREE RESPONSEs lobulation tablilahcsn AWARDED BY A COMMITTEE CONSISTING OF Stockton Whitten, Asst County M!Jn4 ger Leslie RgLheermg, Purchasing Services HenryMInmeboo and 8e,.+►tt Jlurohy, Public Warks ANNUAL BID EFFECTIVE DATE DATE- -910/02 SPECIAL INSTRUCTIONS TO AWARDED VENDOR ® Please provide Ccrtrflcate of Insurance ❑ Please provide performance 2nd Ment bonds as required ❑ OTHER Nov - 6 2001 02121 02 THL, 12 16 FAX 321 637 5302 BREVARD CO PURCHASING 19002 VENDOR HAMF- ROAD PAVING PAPKING LOTS BIKE PATHS SPEED SHOULDER HUMPS PATHS TYPE 11 PATCH[.YG SS -25 TONS sl PATCHING 26 50 Y01mS Si COMMUNITY ASPHALT CORP Type S1 A3phalao concrete A OS $31.00 $31.00 $3100 0100 $3100 53100 $3}00 laworvp 945DO 55800 38500 $5000 NB $17500 S17500 Type 53 AsphalW Concrete A)FOS $32.00 33200 $3200, S.3200 $3200 $3200 332.00 5NDNP 346 00 S59 00 566 00 1 561 00 N9 417500 $17500 TY06 n A OB 33200 $3200 $32001 532.00 S3z 00 $3200 13200 BNDNP $4600 55900 568.00 1 $5100 N6 $17600 517500 -Fype III OS moo $.32.00 $32.00 532 00 $32 QD 332 O0 $3200 B P $46.00 S5900 x65.00 $8100 NB $17500 S17500 Al Fftkxt Cain vwvw DsNvared w Rub—bar 55 00 Tan Vender Oervared anth Rubber 5MOO roe TackaPdme Coat FOB -GALLON PfDOT STANDARDS $1 3LU I PCR SY 4 Pdme Goat Per 8Y 45hy Sae d 356 AsWt Hot Mlx Imp :PAC Flodda Inc Macasphalt QIVWO,n TYDC St ±2pLwm Mnarete A OB $32.00 33200 $3200 $32 00 N9 S3200 S 2 w J Type $3 Asphaltic Cancmtc B"Alp A)FO13 53994 S3200 $4024 Mori 345.25 S3200 W25 N8 332 00 Ni3 $140.00 i37. 00 $19000 $32.40 Type tl - B VDN' A)FOD $401 531 d0 $49 35 $3106 345-301 $$I 00 S53 36 N6 331 Cep 5x3200 3130.00 s-3Azoj $144300 $3100 T ce III B)Vi1NP A)FOtd $4605 $3100 $4675 S31 00 641375 $3100 354 00 $150.00 331 00 N8 515000 $31-00 S19060 53100 WI Fnc6on courses R)vv"p 546 70 $4600 548.80 $54 W NF3 $1500D $15000 11ermior Delivered w/but Rubner 554 00/Ton J Vendor Delivered with Rubber $8S 0_0/Fan Tack aPrkme Cast F06-DALLON P/DOT STRN0.4Rny 32,50�Ga1 _ PER 5 Y Primo CSt* . SY 'S 45is $ 45/5 - - S2nd 3% Acphoh Hat MIX S30 AOJTan WWG Asphalt Type $1 AlpN-ft oonerete A FOB 5.3400 $3400 $3400 $34001 $3400 $34 a4 534 00 BNDNP $99 48 (52.90 35226 $54.50 NB $146 65 315165 ypa S3 AsphaN Caxrats A)F09 &A 00 $3400 $34 DO 33400 $3400 334.00 &3400 Wplvp $40 42 W50 $5350 $54 50 N6 NB No Type Il A)FOB $34 00 3S4 00 $3460 $34 Q0 $3400 $34 DO 33400 8)VDNR S4210 tAB 50 354101 35250 S15500 $14465, $1 r>i,65 Type III AjFOS $3400 $34 0D $3400 83400 33400 33400 $34 00 D V13A/p $41 50 S4250 M50 $55.95 $456.00 514665 $15165 Ali Fnation 9=0— Vendor Qe5 wred wlaut Rubner $59 S011on Vendor Dellyared with R bher S60 &5jvn Tack &Proem Coat FOB -GALLON PIDOT STANDARDS 51.901Gat P1=R S Y $ 4WY Prima Colot pw SY S 50/Sy Sand 3% 1t Hot MIX $421 Sart on S QOiSY 003 ASPHALTIC CONCRETE specsl•iCATIONS BID #B 3 02 23 PURPQS I Brevard County is soliciting annual bids for the annual purchase of asphaltic concrete The bid Y41 be effective from November 1 2041 through September 30 2007 with an option to renew for an additional one (1) year MCC 6D2USTME_NT5 2 If puce adjustments are required the cntena on the Price Adfustment Sheet and FDOT Specs Section 9-2-11 will be follotnted INEMM&TION OF, UAROLCAkTIM 3 For Info -elation concerning procedures for responding to thts bid, contW Lt slie Rothering Purcha ing Services at 321--617 7390 or fax 3Zi 617 7391 321-637 530 Such contad shall be for darifcawn purposes only Material changes if any, to the scot c of work will be transmitted by watts n addendum through Purchasing Services RC�IINC OF BIDS 4 All bid to be considered shall t* in the Purchasing Services at or bei e 3 00 p m on Octobe 18 2D01 Bids may be delivered or malled to Brevard County Puy leasing Services Brevare County Government Centel', 2725 3udge Fran aairileson Way Bldg a ird Floor, Meta FL 32940 in a sealed envelope dearly maiaed avium your firm s Tran and "Asphaltic Corxrete Tht responyitAity for obtaining completing, and submitting thi request for bids to the Brevard County Purchasing Office prior to 3 00 p m on October iS 2601 shall be solely and stritriy the responsibility of the udder Brevard County employees shall ki no way be responstble for delays caused by the United States mail delivery or Caused by any o"r occurrence I ids received after the time and date stipulated shag be considered non- re4*nsive and retumed to the bidder unopened D EQRMS 5 All bid must be Submitted an the County format to be considered All bidders must provide the following information upon submission of their bid paeicas - in order to be aonsideried for the bid Failure to provide information with bid response may lisqualify the bidder Si,lned and notanzeO Invitation to Bid Sit ined Scope of 5tiv ces 51 ned Price Sheet S& tied Prig Adjustments Sri lned Insurance and Indemnification Form 5klned ]oink Covpt rative Agreement �UQN— S b In accordance with thsr attached Joint Cooperative Coverrmmentdi Purchasing Program other Brevard Countyy Board of County CoMcnissioner agencies Loml Government Entities Municipalities are authorized to procure from this bid 7 The i interial aria services to be provided and perforrned by the awarded vendor are anticipated to be but not limited to those services set forth iii i to spearications If the erontrm:tor fails to property perform trie conditions of the contract, u the sole opinion of the CDO(y the County will communicate to the contractor in writing the, problem (s) that exist If the problems) persfst or reoccur the County reserves the right to cancel flee contract by advising the contractor in writing as per General Conditions #42 02/21/02 TIN 12 17 FAX 321 637 5502 BREVARD Co F MCKAsiNG 2004 8 Ail material suppited under dus contract must meet the requirements of sections 331 332 333 335 and 337 of the Fonda D d T Standard Specrf"tions for Road ana Bridge Construction current editban 9 Ali materials supplied under this contract for road paving resurfacing patching, and told patch mist (one ton rninifnum) must be available on 72 hours notice after notification by the Road and Bridge Division I 10 The contractor must provide a minimum of 24-hour nobat prior to leaving fob site 11 The Contractor shall include in the bid the costs fat all equipment materials and labor to power sweep and apply a tack coat poor to resurracing and/or patching roads where eppircable 12 The contractor shall provide temporary sniping in accordance with section 102 3 of the Fkxida D O T Standard 5peaFcbtion for Road and Bridge construction current edition 13 When required the cortrtictor shall provide all equipment, labor and materials for Maintenance of Traffic in accordance with FkAda DO T s manual for Roadway and Traffic Design Standards and Traffic Controls and Safe Pracbces for Street and Highway Construction latest editions 14 The contmctor shall Wnforrn to the requirements c i Section 330 Hat Bituminous Mixtures General Castrucaon Requlrernents of Honda Do r Standard Specifications for Road and fridge C nstruciion I5 The County will matte award In accordance With General Conditions # 22 on the following Vendor Delivered and Vendor Planed price for Type S1, 53, Type 11 Type III T Il and Friction GDUMe asphalL The Vendor Delvei ed and Vendor Placed price per ton rr►ust include all associated casts Additlonal hauling costs will not be allowed 16 if awatdtd contractor Cannot meet th¢ required 72 hour availability notirkznon would you be wrlllrig to negctl me price and provide this service a3 a se n dart' source? 7ql _YES _______^NO 17 Plant IooWns mu -t be identified with bd 18 Bids will be accel.,table only from Companies supplying from plant Sites having been in operation for the lust three (3) month period with a capacity for supply cif 400 tons or more during an eight (8) hour vuorkday 113 Worst scheduled for FY 00/01 Currently In progress will be compleb--d by the contractor awarded the FY 00/01 contract Work in progress at the conclusion of FY 01/02 will be completed by the FY 01/02 contrai;Wr(s) unless contract Is renewed witH current contractor 20 A weight ticket with Brevard Counly's contract number clearly marked must accompany all deliveries Payment may be withheld where no delively ticket Is received with shipment 21 Stibsequent to at Ord and prior to commencernent of contract successful bidder(i:) will W required totumisl proof of rninirriai insurarice coverage per the attached requirements 5 02/202 TELT 12 18 FAX 321 637 n3O2 BRE`ARP CO PURCHASING 16007 E3R1-=Y A R6:apj i-11 A "Q BOARD OF COUNTY COMMISSIONERS FLORIDA s Q;PAOF, COAST 2 R 0 / TO All Bidders FROM Steve Stutz Purchasing Manager SUBJECT Joint Cooperative Governmental Purchasing Program BID Bid # 8 3-2-13 Asphaltsc Concrete In accordance with the Brevard County Jorrrt Cooperatrva Governmental Purchasing Program please be so notified that the Brevard County Board of County Commissioners Local Govemment Entitles Municipalities and other Brevard County agencies are hereby authorized to Procure from this bid Likewise the counties of Volusia Orange Osceola Seminole and Lake may procure from this bid if the vendor chooses to honor the bid prices The quantities listed herein Are only anbcApated estimated usages from Brevard County Board of County Commissioners and do not reflect usage factors from other Drevard County govemmental agencies or the other counties listed Govern yourselves aorordingly The Drevard County Board of County Commissioners is at all times the custodian of this bid Please sign and return to the shove named with your bid P 0 Box 411029 3 albourne Irlorzda 32941-1029 (Warne and Meiling Address) 8= (Signature) 31.7 -242&ZIA .� (Phone Number) lac tober_,.16 , 2001 . — (llate) 10 RESOLUTION NO 83-61f�rt'Q1 iZ eD 1685 A RESOLUTION DETERMINING TO MAKE CERTAIN LOCAL STREET IMPROVEMENTS IN THE HARBOR HEIGHTS AREA RESURFACING PROJECT IN THE / CITY OF CAPE CANAVERAL FLORIDA ADOPTING THE ASSESSMENT PLAT AND PLANS AND SPECIFICA- TIONSSUBMITTED BY CITY ADMINISTRATION DETERMINING TO DEFRAY THE EXPENSE THEREOF BY SPECIAL ASSESSMENTS AGAINST THE PROPERTIES BENE- FITED THEREBY AND DIRECTING CITY ADMINISTRATION TO MAKE AND FILE WITH CITY COUNCIL, AN ASSESSMENT ROLL COVERING SUCH LOCAL STREET IMPROVEMENTS PROVIDING AN EFFECTIVE DATE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The assessment plat plans and specifications for certain local street improvements in the Harbor Heights Resurfacing Project xn the City of Cape Canaveral Florida prepared by the City Administration and presently on file with the C3.ty cleric are hereby adopted and approved The location of such local street improvements (herein called project ) is described as follows HARBOR DRIVE -- from east intersection of 401 which terminates on the east approximately 24 feet of Lot 103 CORAL DRIVE - from the intersection of Sea Shell Lane to the terminus at Harbor Drive COQUINA LANE - from the intersection of Harbor Drive south approximately 100 feet and the intersection of Coral Drive north approximately 100 feet SEA SHELL LANE - in its entirety SECTION 2 It is hereby determined to construct such project and to defray the cost thereof by special assessments to be levied against the properties benefited The nature of the proposed public improvements is the construction of certain street improvements in the City including the repair paving and hard surfacing Such assessments shall be paid in not exceeding three (3) equal yearly installments with interest at the rate of not exceeding eight percent (8%) per annum on the unpaid balances from the date of acceptance by the City Counci-1 of such project to which if not paid when due there shall be added a penalty of one percent (1%) per month until paid provided that such Resolution No 83-61 Page 1 of 3 Meeting Type 04 16-02 Meeting Date Regular AGENDA Ii ad g Consent It m 6 N I support the pubhc works director s recommendation AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT COOPERATIVE PURCHASE FOR THE PAVING OF BANANA RIVER DRIVE IN THE AMOUNT OF $13 000 TO V A PAVING INC DEPT /DIVISION PUBLIC WORKSISTREETS Requested Action City Council consider the approval of the cooperative purchase for the paving of Banana River Drive in the amount of $13 000 to V A Paving Inc and the appropriation from the general fund street paving escrow fund Summary Explanation & Background The public works director is utAu mg the City of Cocoa Beach paving bid This road segment has many potholes and the resurfacing is warranted I support the pubhc works director s recommendation Exhibits Attached Public Works Director s memo of 03 28 02 City Man is ffice Department PUBLIC WORKS/STREETS cape documen dmIning12002104 1 1pavmg doe MEMORANDUM TO Bennett C Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 28, 2002 SUBJECT City Council Agenda Item for April 16, 2002 Cooperative Purchase for Road Maintenance Services from V A Paving, Inc for Banana River Drive Cocoa Beach awarded bid CBO l 003 for their Roadway Resurfacing Program to V A Paving Inc More so the City of Cocoa Beach has scheduled work to repave Banana River Drive to the City of Cape Canaveral City southern limits The City of Cape Canaveral s Public Works Director contacted V A Paving Inc in regards to this project and the paving of Banana River Drive that is within the City of Cape Canaveral The firm s Vice President Arnold Mallard stated V A Paving will honor the unit bid prices and is willing to pave Banana River Drive Attached is a copy of the bid price for the road resurfacing of Banana River Drive in the amount of $13 000 Staff reviewed the itemized unit price and agreed that they were very good The City of Cocoa Beach and V A Paving were both very helpful in supplying the City of Cape Canaveral with the required information The repaving of Banana River Drive is in need of maintenance and it will be in the best interest of the City of Cape Canaveral to have all of this road paved at the same time as the Cocoa Beach portion Funds have not been budgeted for this project Recommend the approval of cooperative purchase agreement V A Paving for the paving of Banana River Drive in the amount of $13 000 and the appropriation of necessary funds Attachment CC File 035 t.5f 2002 16 55 1 2153145441 V4 PAVIN6 PAGE U ------------- cV,.4 fDau P 0 Box 1046 • Cocca FEorlds 32923 1046 0 (321) 536 2895 • FAX (321) 631 4.541 March 25 2002 City of Cape Cana-,eral MAA 2 5 2002 600 Tower Blvd P C Box 326 Cape Caiiaveml FL 32920 4326 To Ed Gardulski From Al Mallard Vxce President N A. Paving Inc Reference City of Cocoa Beach Re urrfacing program Zones 1 & 2 Bananas Rrver Blvd Cocoa Brach property hno and City of Cape Canaveral Subject Pncmg to continue pavile, on Banana River Drive for City of Cape Quaveral It is our toderstandmg that you would like for is pave the City of Cape Canaveral's portion of Banam River Drive while we are paving the portion that is in the City of Cocoa Beach. i int Pekes will remarn for this addruonal work provided that it takes place while we are mobfl=d under the City of Cocoa Beach contract durmS the rnornth of April on Banana River Drive Asphalt S 43 00 per ton approximately 204 tons = S 8,600 00 Milling l mch $ 14� per SY @ 3222 SY = $350000 Double Yellow Lines Striping 900 ft a@ $1 00 Per ft = $ 90000 $1300000 A purchase order will be required before work legitl& If you have any questions please call me at 321 636-2896 V A Paving inc 111W4a141111---- Amold A. Mallard Jr Vice President S17AE 4o6AilJ✓ 4 ARTHUR Imams, i■ ,old CITY OF COCOA BEACH EXHIBIT A - ROADWAY RESURFACING PROGRAM, ZONES 1 AND 2 CB01-003 PROJECT FORM & CERTIFICATION Subrrutted By Contractor Name V A Paving Inc Address Post: Office Box 1046 City Cocoa State FIS Zip 32923--1046 Telephone 321-636-2565 Fax 321-631-4541 Internet Address VAPAVE@aol cam Type of Business (Corporation Partnership Other Specify) Corporation Tax ID number (EIN/SSN) 59--2147362 Certifieation The undersigned hereby coniums as follows I am a duly authorized agent of the Company/Individual submitting the proposal I have read the Proposal in its entirety and fully understand and accept these terms unless specific variations have been expressly Iisted below My fine, V A Paving Inc agrees to hold all prices terms and conditions firth for acceptance for ninety (90) calendar days following the date and time of the bid opening Variations The Proposer shall identify all variations and exceptions taken to this Request for Proposal in the space provided below unless such variation is expressly prohibited in the RFP documents If no variations are listed here it is understood that the Proposer fully complies with the terms and conditions It is further understood that such variations maybe cause for determining that the Proposal is non responsive and ineligible for award Section Section Section Attach additional sheets as necessary By Gt Manual Signature of Agent Variance Variance Variance Arnold A Mallard, Jr Typed/Printed Name of Agent Date 5/23/01 Vice President Title of Agent Proposals without the manual signature of an authorized agent of the Proposer shall be deemed non responsive and ineligible for award Pmpo al C rt E um F rm F "ary 0 1997 00030 1 Meeting Type Regular Meeting bate 04 16 02 AGENDA Had S Consent It m 7 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH DOUGLAS C WILSON PARCEL NO 24 37 26 CH 00000 0 0024 01 DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider the approval of this easement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement I recommend approval Exhibits Attached Public Works Director s memo of 03 28 02 City Ma er' Mee Department PUBLIC WORKS cape ntlk oc menu one g12002104 16-02lwdso 1 doe MEMORANDUM TO Bennett Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 28, 2002 SUBJECT City Council Agenda Item for March 13, 2002 Easement Agreement from Douglas C Wilson Parcel NO 24 37 26 CH 00000 0 0024 01 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board The Cape Canaveral has had the good fortune of applying for and receiving $200 000 from the Florida Department of Transportation (FDOT) through their Local Agency Program (LAP) This money is earmarked for the landscaping beautification of A l A In order for property owners to participate in this State Program and use public funds on private property the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed In compliance to the City of Cape Canaveral s Codes and FDOT LAP agreement the attached is an easement agreement between the City of Cape Canaveral and Douglas C Wilson The Planning and Zoning Board approved this Easement Agreement on March 27 2002 Recommend the approval the Easement Agreement between the City of Cape Canaveral and Douglas C Wilson Attachment CC File City of Cape Canaveral [ENT TO THE CITY OF CAPE CANAVERAL TEM/SEGMENT NO MAN AU NU 0151Kl(:I FAP NO STATE ROAD NO COUNTY PARCEL NO INTEREST CONVEYED 405185 1 58 01 Fifth Distnct 4932 032 P 401 /AIASR Brevard 24 37 26 CH 00000 0 0024 01 Easement This is to advise that the undersigned as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the City of Cape Canaveral The undersigned hereby acknowledges that he/she has been fully advised by a City representative of his/her right to have the referenced property or property interest appraised to accompany the appraiser during the appraisal inspection of the property to receive full compensation for the above referenced property and to receive reimbursement for reasonable fees and costs incurred if any Having been fully informed of the above rights I hereby waive those rights unless otherwise noted below 04 Owne4signature Dntjqlfj� C, 1 L,56A] Type or 141nt Property Owner s Name /) � 3, A �Q�A LC I I -e, .10 Street Address City Address QT �a Date 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape email ccapecanaveral@cfl rr com EASEMENT THIS INDENTURE made this 3 0 t hday o€T a nu a zy 2002 by and between Douglas C Wilson, the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Polk Avenue Cape Canaveral Florida 32920 located in Brevard County Florida Grantee WITNESSETH That for and in consideration of the sum of One Dollar ($100) and other good and valuable considerations receipt of which is hereby acknowledged the Grantorhereby grants sells and conveys unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width running the length of the Servient Estate along the west rightof way line of SR AIA The purpose of the Easement granted herein is more specifically set forth as follows 1 The perpetual right of the of the Grantee or its designee or franchisee to construct install maintain repair and replace sidewalk landscaping trees irrigation and lighting within the described Easement 2 The perpetual right of the Grantee or its designee or franchisee to construct install operate maintain repair replace and remove utility systems including potable water sewer reclaimed water storm water drainage lines or pipes and other utilities such as electric gas and communication Imes and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 hereinabove to serve the general public and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area 4 Grantee and/or public utility designees and franchisees in constructing maintaining repairug replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remaining lands or unreasonably interfere with the ability of Grantor or its heirs administrator successors and assigns to operateand conduct its commercial business on said lands during normal business hours 5 This easement shall be non-exclusive and subject to the right of Grantor and its heirs successors administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee s public utility designee of franchisee including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road A I and the lands of Grantor through the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drains pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connection therwith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals on the day and year first above written Signed in the resence of Grantor W STATE OF FLORIDA COUNTY OF BREVARD I. ON THIS DAY personally appeared before me the undersigned authority to me well known to be the person(s) described to and who executed the foregoing easemeM and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed WITNESS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid thisJ)'4--day 0 2002 a], N TARY PUBLIC State of F orida at Large My Commission Expires PAULINE M PARLOTTO Notary Public, State of Florida My comm exp Sept 6, 2004 Comm NA r'C 964889 2 EXHIBIT "A" Got 24, BANANA RIVER ESTATES, according to the plat thereof, as recorded in Pla 10, Page 1, of the Public Records of Brevard County, Florida LESS AND EXCEPT That part of The East 300 feet of Lot 24, BANANA RIVER ESTATESt according to th thereof, as recorded in Plat Book 10, Page 1, of the Public Records of Brevard C Florida, ly..ng West of and within 50 feet of the centerline of construction of Road 401, Section 70080, said centerline be..ng described as follows Begin an the centerline of existing State Road 401, where the Eaoterly extension South lane of Lot 1, Block 30, Cocoa Ocean Beach subdivision, Plat Book 10, Pa intersects said centerline, at a point 57 35 feet Easterly from the Southeast of said Lot 1, said point berg on the arc of a curve concave to the Southeaster having a radius of 1432 69 feet, thence from a tangent bearing or North 19036 1.1 run Northeasterly along the arc of said curve through a central angle of 16025 distance of 410 76 feet to the end of curve, thence run North 36002 01" East 81 6 to the beginning of a curve concave to the Northwesterly and having a radius of feet, thence run along said curve through a central angle of 34047 , a dicta 496 90 :feet to end of curve, thence run North 01115101 East 3052 69 feet to the line of Section 26, Townehip 24 South, Range 37 East, at a point 772 01 feet E the Northwest corner of said Section 26 LESS AND EXCEPT The North 85 feet of the Went 100 feet of Lot. 24, BANANA RIVER ESTATES, accord the plat thereof, as recorded in Plat Book 1.0, Page 1, of the Public Recorda of P County, Florida Brevard County Property Appraiser Unline Real !:state Property Card [Homel [Meet Jim Fordl [FA01 [General l fol fSAYP Qur Homesl [E emptions] [Contact Us] [Forms! fApmlsl [Property R searchl [Man Searchl [Maps & Data] [Unusable Property! [Ta A thont esi [Whats New} inks General Parcel Information for 24 37 26 CH 00000 0 0024 01 Page I of 2 Parcel Id 24 37 26 CH HMaMiliag a 26G0 Exemp tion Use Code 1210 00000 0 0024 01 Code Property 6115 ATLANTIC AV CAPE CANAVERAL FL 32920 Tax 2436276 Address Mailin Address 336 JACK DR Account COCOA BCH FL Owner Information Value Summary for 2001 * Market Value LSON DOUGLAS Owner Name rc Second Name Mailin Address 336 JACK DR City, State, ---]32931 COCOA BCH FL Zi code $0 Value Summary for 2001 * Market Value $141 540 A ricultural Assessment $0 Assessed Value $141 540 Homestead Exemption $0 Other Exemptions $0 FEnergy Exemption $0 Taxable Value $141 540 Legal Description View Plat (requires Adobe Acrobat Reader file size may be large) Land Information Acres 0691 E 300 FT Plat BANANA OF LOT 24 Book/Page RIVER EX HWY 0010/0001 ESTATES R/W View Plat (requires Adobe Acrobat Reader file size may be large) Land Information Acres 0691 Lots/Units 1 Front Feet 300 [Depth IF 100 Site Code 340 Land Value �� $105600 This is the val stab) shed fo ad lorem purposes n accordance w th s 193 011(1) d (8) Florida Statutes Th s value does not pros t ant p t d s Iii g pn to the property Sales Information OR Book/Pa a Sale Date Sale Amount Deed Tye Disqualification Code Disqualificat><on Source Vacant/Improved 3338/0964 Floors Ceiling # Built F I 1075/0290 0 $100 Mater Code Code Building Information PDC Use Year Story Exterior Interior Roof Roof I Floors Ceiling # Code Built Hei ht Code Code T e Mater Code Code http //www appraiser co brevard fl us/asp/Show_parcel asp9acct=2436276&gen=T&tax=7 11/29/2001 Brevard County Property Appraiser Online Real Estate Property Card Page 2 of 2 Building Area Information Extra Feature Information 1,00111 Fireplace IFence Driveway Lawn Irr� atlon Shed Dock Seawall Other �9 o No o ToJjNo Jo� o�No Tax Levied by Taxing Authorities for 2001 Taxing Authorities J Taxes Billed Ad Valorem Coun $733 52 School $12277211 City/MSTU $283 14 Water Management $65 39 SP District $57745] Debt Payment ] $6442 Total Ad Valorem $2 379 64 Fee Agencies I Fees Billed Non Ad Valorem SW Das osal 1= $218 19 SW Collection $0 00 Rec chn $0001 MS Ambulance $41 12 Storm Water $000 HPK/BFOOT 1= $0001 WTR Control $0001 Total Non Ad Valorem $259 31 Total 11 $2638951 Data last Updated Tuesday November 13 2001 Pnoted On Thursday N mber 29 2001 ��� M Home [General Info] [Meet Jim Ford] [Exemptions] [Save Our Homes] [Contact Us] [Property Research] .[Other Lmks], .[Maps & Datal[Appeals] Copyright 0 1997 Brevard County Property Appraiser All nghts reserved Disclaimer Applies to Results http //www appraiser co brevard fl us/asp/Show__parcel asp?acct=2436276&gen=T&tax=1 11/29/2001 Page 1 of 1 I,FK, y s.a http H205 172 172 144/scripts/esrimap dll9name=Brevardl&id=20011129133447995&Pa 11/29/2001 1 Meeting Type Regular Meeting Date 04 l6 02 AGENDA H adi s Consent Item g N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH DOUGLAS C WILSON PARCEL NO 24 37 26 CH 00000 0 0025 00 DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider the approval of this easement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement I recommend approval Exhibits Attached Public Works Director s memo of 03 28 02 City a s Office Department PUBLIC WORKS cap- yd- ents\adm cd\mcehng12002104 16 wdson2 doe MEMORANDUM TO Bennett Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 28, 2002 SUBJECT City Council Agenda Item for April 16, 2002 Easement Agreement from Douglas C Wilson Parcel NO 24 37 26 -CH 00000 0 0025 00 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board The Cape Canaveral has had the good fortune of applying for and receiving $200 000 from the Florida Department of Transportation (FDOT) through their Local Agency Program (LAP) This money is earmarked for the landscaping beautification of AIA In order for property owners to participate in this State Program and use public funds on private property the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed In compliance to the City of Cape Canaveral s Codes and FDOT LAP agreement the attached is an easement agreement between the City of Cape Canaveral and Douglas C Wilson The Planning and Zoning Board approved this Easement Agreement on March 27 2002 Recommend the approval the Easement Agreement between the City of Cape Canaveral and Douglas C Wilson Attachment CC File ?(/// This Warranty Deed Madc this 24th clay of September A D 19 93 by I A FLORENCE 0 KNAPP, an un>~emarried widow �'" r � ` ' ."e f/ +�i(� k r, tail of Q C hereinafter callCd the grantor to f FL DOUGLAS C WILSON whose post office address it 336 Jack Drive -1 1 Chg�'_'" � f���--��•" Cocoa Beach, Florida �.. -�......�,,. 32931 Grantees' 9SN hereinafter called the grantee (When cr used herein dw term gram r and oramrr include all tht panies u) that Inurunrm And the heirs kpa1 rrnrcscnui:res and assigns rr uxtrvuluala " the sucenum aodl assigns i(ro"ratkru) Witnesseth, that the grartior Ior and in consideration of the sum of$ lb 0o and other valuable constdcralons receipt whercol is hercby acknowledged hereby grants barearns sells aliens remises releases conveys and confirttrs unto the grantee all that certain land situate in Bravard County l~lorida viz Lot 25, BANANA FIVER ESTATES, according to the plat thereof as recorded in Plat Book ld, Page 1 of the Public Records of Brevard County Florida SUBJECT TO covenants, restrictions, eaaementt3 of record And taxes for the current year Parcel Identification Number 24 37 25 CH 25 Toget her with 211 the lcncmcnts hereditamcrits and al purtcnaricrs thereto bclongirig or in anyw a sippMaining To Have and to Hold, the saw in fce simple forever And the Smittor bcrcby covcasrits with said grantee that the grantor is lawfully seized of said land in fee simple that the grantor has good right aril lawful authority to sell Arid convey sand IxW that the grantor hereby fullywArrauts the title to said land and will defend the same against the lawful claims of all persons whomsoever and that said land Is free of all encumbramcs except Ines accruing subsequent to December 31 19 92 Its Witnm Whereof, the sand grantor has signal and scalcd these presents the day uid ycAr first abbovc wnticn SAadsealled and de!ver rn carer presence I nd FLaRElRICS D APP Baa tC7.A A&h. w state of Florida County of Brevard -v w The farcgoinb instrument Was, acl,nowledgLd before me this 24th day of September 19993 City of Cape Canaveral TENT TO THE CITY OF CAPE CANAVERAL TEM/SEGMENT NO MANAGING DISTRICT 'AP NO STATE ROAD NO COUNTY PARCEL NO INTEREST CONVEYED 405185 1 58 01 Fifth District 4932 032 P 4011AIA SR Brevard 24 37 26 CH 00000 0 0025 00 Easement This is to advise that the undersigned as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the City of Cape Canaveral The undersigned hereby acknowledges that he/she has been fully advised by a City representative of his/her right to have the referenced property or property interest appraised to accompany the appraiser during the appraisal inspection of the property to receive full compensation for the above referenced property and to receive reimbursement for reasonable fees and costs incurred if any Having been fully informed of the above rights I hereby waive those rights unless otherwise noted below ID L. P Own r Signature ugi .56A7 Type or rant Property Owner s Name n nA �&-K OR 1 Ll - Street Address CbCA,q ,�-c City Address d 2 1 �U Date 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone {321} 868 1220 FAX (321) 799 3170 www fcn state fl us/cape e mail ccapecanavera1@6 rr Com EASEMENT THIS INDENTURE made this 2 9 t 4lay ofija n u a r y 2002 by and betweenDouglas C Wilson. the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Polk Avenue Cape Canaveral Florida 32920 located in Brevard County Florida Grantee MA#0>;Ix.YI30411 That for and in consideration of the sum of One Dollar ($100) and other good and valuable considerations receipt of which is hereby acknowledged the Grantorhereby grants sells and conveys unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width running the length of the Servient Estate along the west nghtof way line of SR AIA The purpose of the Easement granted herein is more specifically set forth asfollows I The perpetual right of the of the Grantee or its designee or franchisee to construct install maintain repair and replace sidewalk landscaping trees irrigation and lighting within the described Easement 2 The perpetual right of the Grantee or its designee or franchisee to construct install operate maintain repair replace and remove utility systems including potable water sewer reclaimed water storm water drainage lines or pipes and other utilities such as electric gas and communication Imes and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such Imes or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs I and 2 heremabove to serve the general public and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area a Grantee and/or public utility designees and franchisees in constructing maintaining repainig replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remaining lands or unreasonably interfere with the ability of Grantor or its heirs administrator successors and assigns to operateand conduct its commercial business on said lands during normal business hours 5 This easement shall be non-exclusive and subject to the right of Grantor and its heirs successors administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee s public utility designee of franchisee including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AIA and the lands of Grantor through the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drams pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connection theewith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herem above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREOF,�,Grantors have hereunto set their hands and seals on the day and year first above written ,F ?d,,n ' !'t �of STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY personally appeared before me the undersigned authority well known to be the person(s) described in and who executed the foregoing easem t and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed I. IN ITNESS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid this day of 2002 NOTARY PUBLIC State of Flofxda at Large My Commission Expires PAULINE M PARLOTTO Notary Public State of Florida My comm exp Sept 6 2004 Comm No CC 964889 2 Brevard County Property Appraiser Online Real Estate Property Lard C. w [Home] [Meet l m Fordl [FAQ] [General Info] [Save Our Homes] IE empt on 1 [C tact Us] (Form I ]Appeal ] LropertN R sear hl [Map Search] [Maps & D tal [Unusabl Property] [Tax Authont es] [What s New] [L ks] General Parcel Information for 24 37 26 CH 00000 0 0025 00 Page 1 of 2 Parcel Id 24 37 26 CH Ma rMillage IHI Exem tion Use Code00000 0 0025 00 �de p Property 6121 ATLANTIC AV CAPE CANAVERAL FL 32920 Tax 2436278 Address Account Owner Information Value Summary for 2001 * Market Value $340 000 WILSON DOUGLAS Owner Name C Second Name Homestead Exem tion Mailing Address 336 JACK DR City, State, COCOA BCH FL Zi code 32931 Value Summary for 2001 * Market Value $340 000 A ricultural Assessment IE $0 Assessed Value $340 000 Homestead Exem tion $0 Other Exemptions $0 [Knergy Exemption $0 Taxable Value IF $340 00011 Legal Description View Plat (requires Adobe Acrobat Reader file size may be large) Land Information Acres 0721 LOT 25 Plat BANANA EXC W 225 Book/Page RIVER FT HWY 0010/0001 ESTATES $1102501 View Plat (requires Adobe Acrobat Reader file size may be large) Land Information Acres 0721 Lots/Umts 1 Front Feet Q De th 100 Site Code 340 Land Value J1 $1102501 Th s s ih v lue estab] shed for ad valorem purposes i accordance w th s 193 0] 1(]) and (8) Flo ida Statutes This slue does not rep ese t ant pat d ell ng p ce for the property Sales Information OR OR Sale Sale Deed Disqualificat oon D>Isquahfication Roof a Date Amount T e Code Source Vacant/Improved 3327/3231 Code Tye Mater Code Code r V 0402/0449 I __ l $100 34 L� �1 10 10 i4 0 Building Information PDC Use Year Story Exterior Interior Roof Roof Floors Ceiling # ❑��� Code Built Height Code Code Tye Mater Code Code �1 1110 1998 14 34 L� �1 10 10 i4 0 Building Area Information http //www appraiser co Brevard fl us/asp/Show_pareel asp?acct=2436278&gen=T&tax=1 11/29/2001, Brevard County Property Appraiser Unline Keal Estate Froperty Card Page 2 of Z PDC Base Garage Open11 Car 11 Screened Utility Enclosed Total Basements Attics Base # Area Area Porches Port Porches Rooms Porch 11 11 11 11 11 11 11 Arca 1 Extra Feature Information Pool Fireplace]Fence Drivewa Lawn Irrigation Shed Dock Seawall Other No No 0 o 1K77 Tax Levied by Taxing Authorities for 2001 Taxing Authorities I =Taxes Ad Valorem lCounty 76202 School $2 949=16] City/MSTU $680141 Water Management 57081 SP District $13091 Debt Payment j $154 73 Total Ad Valorem j $571 22 Fee A encies =Fees Non Ad Valorem SW Disposal $161621 SW Collection $0 00 Recycling $0001 EMS Ambulance $41 12 Storin Water $0 00 HPK/BFOOT $000 WTR Control $0001 Total Non Ad Valorem $20274 Total $5918961 Data Last tipd ted Tuesday No mbe 13 2011 Pnuted OR Tbursday No rube 24 20131 ��� M Home [_,.General Info] [Meet Jim Ford] [Exemptions] [Save Our Homes] [Contact Usl [Property Research] [Other Links] [Maps & Data]fAppeals] Copyright 0 1997 Brevard County Property Appraiser All rights reserved Disclaimer Applies to Results http //www appraiser co brevard fl us/asp/Show_parcel asp?acct=2436278&gen=T&tax=7 11/29/2001 Yage i of I i pis http //205 172 172 144/scripts/esrimap dll'?name=Brevardl&id=20011129133411542&Pa 11/29/20011 I ---- ca pe docu tsladrm ng12002104 16-02lporterl doe Meeting Type Regular Meeting Date 04 16 02 AGENDA H ad g Consent It m 9 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH JEAN JONES PORTER, PARCEL NO 2437 26 00 00252 0 0000 0 DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider the approval of this casement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement I recommend approval Exhibits Attached Public Works Director s memo of 03 28 02 City Mana ffice Department PUBLIC WORKS MEMORANDUM TO Bennett Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 28, 2002 SUBJECT City Council Agenda Item for April t6, 2002 Easement Agreement from Jean Belle Jones Porter Parcel NO 24 37 26 00 00252 0 0000 00 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board The Cape Canaveral has had the good fortune of applying for and receiving $200 000 from the Florida Department of Transportation (FDOT) through their Local Agency Program (LAP) This money is earmarked for the landscaping beautification of AIA In order for property owners to participate in this State Program and use public funds on private property the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed In compliance to the City of Cape Canaveral s Codes and FDOT LAP agreement the attached is an easement agreement between the City of Cape Canaveral and Jean Belle Jones Porter The Planning and Zoning Board approved this Easement Agreement on March 27 2002 Recommend the approval the Easement Agreement between the City of Cape Canaveral and Jean Belle Jones Porter Attachment CC File City of Cape Canaveral LENT TO THE CITY OF CAPE CANAVERAL TEM/SEGMENT NO ✓IANAGI NG DISTRICT 'AP NO STATE ROAD NO COUNTY PARCEL NO INTEREST CONVEYED 405185 1 58 01 Fifth District 4932 032 P 401/AIA SR Brevard 24 37 26 00 00252 0 0000 00 Easement This is to advise that the undersigned as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the City of Cape Canaveral The undersigned hereby acknowledges that he/she has been fully advised by a City representative of his/her right to have the referenced property or property interest appraised to accompany the appraiser during the appraisal inspection of the property to receive full compensation for the above referenced property and to receive reimbursement for reasonable fees and costs incurred if any Having been fully informed of the above rights I hereby waive those rights unless otherwise noted below Type or Print Property Owner s Name 6315 N Atlantic Avenue Street Address Cape Canaveral FL 32920 City Address 2-8-02 Date 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape email ccapecanaveral@cf7 rr com EASEMENT THIS INDENTURE made this Sib day of FP,6 2002 by and between Jean Jones Porter, the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Polk Avenue Cape Canaveral Florida, 32920 located in Brevard County Florida Grantee WITNESSETH That for and in consideration of the sum of One Dollar ($100) and other good and valuable considerations receipt of which is hereby acknowledged the Grantor hereby gents sells and conveys unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width running the length of the Servient Estate along the west rightof way line of SR AIA The purpose of the Easement granted herein is more specifically set forth as follows 1 The perpetual right of the of the Grantee or its designee or franchisee to construct mstall maintain repair and replace sidewalk landscaping trees irrigation and lighting within the described Easement 2 The perpetual right of the Grantee or its designee or franchisee to construct install operate maintain repair replace and remove utility systems including potable water sewer reclaimed water storm water drainage lines or pipes and other utilities such as electric gas and communication lines and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such Imes or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 heremabove to serve the general public and no neighboring landowners or others shall have any ngh s hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area 4 Grantee and/or public utility designees and franchisees in constructing maintaining repairing replaang or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remaining lands or unreasonably interfere with the ability of Grantor or its heirs administrator successors and assigns to operate and conduct its commercial business on said lands during normal business hours 5 This easement shall be non-exclusive and subject to the right of Grantor and its hens successors administrators and assigns to use the easement area for permitted purposes not mcrosistent with the uses of the Grantee and Grantee s public utility designee of franchisee including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers employees and othersto lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AIA and the lands of Grantor through the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drams pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREON' the Grantors have hereunto set their hands and seals on the day and year first above written the presence of STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY personally appeared before me the undersigned authority raerse roll V Knma rl to me well known to be the person(s) described in and who executed the foregoing easement and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed INSS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid thisAAb day of �t�r V 2042 NOTAR tate o FMIondaat LargeBMW,� !� My Commission Expires '3 L23-16-9- Ai>s�e Boft OD, LL Exhibit A' r � � VVY" 90 TI # N�f rF r t�l`frJ#i4 49- � i0 jandaim Made fh 14 t day f i,ugust"19 Q4 �rt��t�lt GtADYS CHANAER widow Of W3LLT A, CTF��DLLR also k,6'Wn sf el4 w CHANDI-EFS 6 i h Co+i fr ! P�evard Sr t of Florida n t 'ted JEAN B J PORTRR-GABYER whosr�a `ff d eu 201!� DAY Street Ann Arbror Mxa'higan,48104 f see th C y f Washtenaw 51 r aF Mxcl�xgan f e y lt[SrPfah ryia d g t f r d on d f F the ! r r �I M -x-_-� -- j---�--- ----------------- d,ys----_-j_ , -.� *DI N � T�n�an'd x►o�'f14D-.----- _ dad fh2 pd _d iu hF h n sad g ! �h d pa—d by sod d g t �eth pt wh -COV t 'T+ 4 t r` k� WI&Ige'd g -Fed g d% A 461d i �_th Fs d gi f orsd gr Fees hn} d § g 3 ! leGe the f It w tng scrd d t t �iy! g Brevard feyi da s w sb r A / _. t portion of �Uwt Sm&.75-"0GAeet'of the NortX3 0 -00 feet`_Of,S�ct�c�r x �shap 3`4 �t3i RQV f-ast� t-l� v es sof s K 40i Brevard,Ccxmtat y � " Flbrrt7d ire �z uiar e .wed. as fo}lows from a da iZle axon pippma 7cirtig �i7ort sty 614 r � "i="M&%Y SeCtron 26 ivn saUPU 00 4A 0� F1est'`lxne of�said Sec�txoa 26,a d-sfance of 360 O1D meet s� m �,� Soc�th�la3iei£3b0 biJ"f�Cif t ` ld a 2 baa zs "-. 0 53 �k�4" 7to� � k��nt�o� w' s � t� can,, ae ilariFi 89 ]x fl st 2n 3 ee to y t�l1ree of °Ea5 22 get f� I I Ie of-ttse~ Noii�ib0 a �' West a R 40rAL"lescrx6e3�xn �fs�xUxa� Ort3s-Wpk,'1Q34`-Page 51) - nun t0tth'O a6 39 est s3Angwest 1 a cLts noe s m F7 QO feet Sitli�$9 17 44�"�e5t foie Noz#Ii xne of trio SauEh _ r� of �ix ��6`�4V4:f_"�aic� ecCa , � dis� ko 087 0 feeeq .' x n _ k r thrice 00,,W1,077klast 75 feed iofthe pdsnt o baatuix conta,r„r� S b r3$ acres nbrgor-less dd ro { by furlY o+ f ?h� t !i t Asad F~fid d d w H d a# d�the tam g l the i ivfvl 3a ms l� ! ' so`� vihoht�oeve � •��' �` �- ''` f 'Y�f-5� �'� f*GrFr r d ra teeiwse fob g I r pt iiidk rontexi q" r � r rnf .�c �� ti ��$ig �t gra 4e _ha �a Y� rte'' ��.- d.a'� eel r rsti�"re d P� 3 f IVA sX# 7'ST IN C.L'&moi INJ_ �` '+"'y '• ,g ag. 'PI w "' 8E8 CHCa STATE RYD � �,�REH3FID��� a+` fD arm '`� Cott," �f fio flGd9 ate' GUf OF xs�,tr� 9 f �FJE EBY CEtTIxFl t �hv� d yob ! �e' n f r&d fy @u I f d tl t5ka a k wl dgm t sondlly p d 14 �L w 11�'# also n n s » I rss �4 w6 be .1kc pew d x bred ¢ d who ec i d h f eg g� t 3m t d a k pwl dg d T f rym ^ie 411 sh ec tsd Th torr) � a O1 49 V"� h d� d' f !seal v+h COIF fy b d;51 i I t a d ih ,14th 4 r� f � US1 19 $ 4 �^a Pity mm 'A� / � .-f7 $ s� Brei and County Property Appraiser Online Real Estate Property Card 17 7 =177 t [Hom I [Meet Jim Fo dl [FAOI [General Info] [Save Our Homes] IF mpup sl W to t Usl [Emnal [Ap=ls jPr_ffgysearch] M a S rchl [Map & Dat 1 U sable Pro a [Tax A thont A [What Newl inks General Parcel Information for 24 37 26 00 00252 0 0000 00 Page 1 of 2 MillageExemption Parcel Id 243 I00 00 00252 0 �LptdeJHI Use Code 1700 Property Address E6419TLANTIC AV CAPE CANAVERAL FL 32920 Tax 12416J7691 Account 6315 N ATLANTIC AVE Owner Information Owner Na IPORTER JEAN B J Second Name $0 Mailing 11 6315 N ATLANTIC AVE Address Other Exemptions 1E City State,CAPE 71'FL CANAVERAL ZI code 32920 Value Summary for 2001 * Market Value $12i 510 A ncultural Assessment 1E $0 Assessed Value $121 510 Homestead Exemption 1E $0 Other Exemptions 1E $0 jEnergy Exem tion $0 Taxable Value $121 510 Legal Description PART OF LOT 1 W OF ST RD AS DES IN DB 316 PG 172 & ORB 2534 PG 1086 EX ORB 2534 PG 1090 Land Information Acres 0 63 Lots/Unrts 1 Front Feet 75 De th 368 Site Code 340 Land Value $96600 Th the alue st bi hed f ad al rem purposes in acco d cc w th s 193 011 (1) a d (B) Flond Stat tes This a] does t represent ant p ted s 11 g pn f the property Sales Information IOR Book/Pa a Sa Date]Amount Sale Deed T e Disqualification Code DI<squalification Source Vacant/Improved 2534/1086 811984 $20 000 Ceiling # Code Built 1034/0091 �/ $1 QO Code Type IL Code Building Information PDC I Year Story Exterior Interior Roof Roof I I Floors Ceiling # Code Built Hei ht Code Code Type Mater Code Code Building Area Information http //appraiser co brevard fl us/asp/Sho-vv_parcel asp?acct=2436769&gen=T&tax=T&bld 12/03/2001 ! Brevard County Property Appraiser Online Real Estate Property Card Page 2 of 2 Extra Feature Information Pool Fireplace FenceI Driv I Lawn Irri ation Shed Dock Seawall Other K�IINO 0 Yes o $56 14 SP Distract Tax Levied by Taxing Authorities for 2001 Taxing Authorities Taxes Billed Ad Valorem Coun $629 71 School $1053 98 City/MSTU $243 08 Water Management $56 14 SP Distract $4 68 Debt Payment $5530 Total Ad Valorem j $2 042 89 Fee Agencies Fees Billed Non Ad Valorem SW Disposal $161 62 SW Collection $0 00 Recycling $0 00 EMS Ambulance $41 12 Storm Water $0 00 HPK/BFOOT $000 WTR Control $000 Total Non Ad Valorem $202 74 Total $2245631 Dat La t Updated Tnesd y No tuber 13 2001 Printed On M nday December 03 2001 ��� M Hme [Generai info] [Meet Jtlrl Fordl [Exemptions] [Save Our Homes] [Contact Us] [Property research] [Other Linin [Maps & Datal[ApMals] Copyright ® 1997 Brevard County Property Appraiser All rights reserved Disclaimer Applies to Results http //appraiser co brevard fl us/asp/Show_parcel asp9acct=2436769&gen=T&tax=T&bld 12/03/20011 E Meeting Type Regular Meeting Date 04 16 02 AGENDA a g Consent It m to N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH JEAN JONES PORTER, PARCEL NO 24 37 26 00 00253 1 0000 0 DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider the approval of this easement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement I recommend approval Exhibits Attached Public Works Director s memo of 03 28 02 City Man Office Department PUBLIC WORKS z g12002104 16-02TPerier2 doe MEMORANDUM TO Bennett Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 28, 2002 SUBJECT City Council Agenda Item for April 16, 2002 Easement Agreement from Jean Belle Jones Porter Parcel NO 24 37 26 00 00253 1 0000 00 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board The Cape Canaveral has had the good fortune of applying for and receiving $200 000 from the Florida Department of Transportation (FDOT) through their Local Agency Program (LAP) This money is earmarked for the landscaping beautification of AIA In order for property owners to participate in this State Program and use public funds on private property the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed In compliance to the City of Cape Canaveral s Codes and FDOT LAP agreement the attached is an easement agreement between the City of Cape Canaveral and Jean Belle Jones Porter The Planning and Zoning Board approved this Easement Agreement on March 27 2002 Recommend the approval the Easement Agreement between the City of Cape Canaveral and Jean Belle Jones Porter Attachment CC File .><ty of Cape Canaveral ENT TO THE CITY OF CAPE CANAVERAL 'EM/SEGMENT NO ANAGING DISTRICT AP NO FATE ROAD NO COUNTY PARCEL NO INTEREST CONVEYED 405185 1 58 01 Fifth District 4932 032 P 401 / AIA S R Brevard 24 37 26 00 00253 1 0000 00 Easement This is to advise that the undersigned as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the City of Cape Canaveral The undersigned hereby acknowledges that he/she has been fully advised by a City representative of his/her right to have the referenced property or property interest appraised to accompany the appraiser during the appraisal inspection of the property to receive full compensation for the above referenced property and to receive reimbursement for reasonable fees and costs incurred if any Having been fully informed of the above rights I hereby waive those rights unless otherwise noted below ure -/I-lle Jones Porter Type or Print Property Owner s Name 6315 N Atlantic Avenue Street Address Cape Canaveral FL 32920 City Address 4 -0 - Date 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape e mail ccapecanaveral@cfl rr com EASEMENT THIS INDENTURE made this day of 2002 by and between Jean Jones Porter, the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Polk Avenue Cape Canaveral Florida 32920 located in Brevard County Florida Grantee WITNESSETH That for and in consideration of the sum of One Dollar ($100) and other good and valuable considerations receipt of which is hereby acknowledged the Grantor hereby gants sells and conveys unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width running the length of the Servient Estate along the west nghtof way line of SR AIA The purpose of the Easement granted herein is more specifically set forth as follows 1 The perpetual right of the of the Grantee or its designee or franchisee to construct install maintain repair and replace sidewalk landscaping trees imgation and lighting within the described Easement 2 The perpetual right of the Grantee or its designee or franclusee to construct install operate maintain repair replace and remove utility systems including potable water sewer reclaimed water storm water drainage lines or pipes and other utilities such as electric gas and communicaticu lines and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such Imes or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs i and 2 heremabove to serve the general public and no neighboring landowners or others shall have any right hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area 4 Grantee and/or public utility designees and fianchnsees in constructing maintaining repairing replaong or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remaining lands or unreasonably interfere with the ability of Grantor or its helm administrator successors and assigns to operate and condict its commercial business on said lands during normal business hours 5 This easement shall be non-exclusive and subject to the right of Grantor and its heirs successors administrators and assigns to use the easement area for permitted purposes not mconsistent with the uses of the Grantee and Grantee s public utility designee of franchisee including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers employees and othersto lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AIA and the lands of Grantor through the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigrs together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drams pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREOF the Grantors have hereunto set their hands and seals on the day and year first above written Signed m the presence of STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY personally appeared before me the undersigned authmty per -yon .11 V At net-xn to me well known to be the person{s} described in and who executed the foregoing easement and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed IN WITNESS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid this Oft!) day of �'ts�r� 2002 uYP i, Susan L. L�#� NOTARY PUB tate of orida at Large � � X006 My Commission Expires SL23-1a< &hum Bmft 03. h, Exhibit `A W " P ,� 1034 PhcE 91 "`o M This �War arty Deed Ai d it -�2 & 'f I y f March A n 1) 68 I y FRku C PORTER individually and as Executor of the Estate of RUIF CARPENTER PORTER Deceased f It 11 d it g t t FRANK C PORTER and JEAN BELLE JONES PORTER his wife as an estate by the entirety ! roI{f dd 3702 Morrison Street N W Washington D C 20015 h j1 ff ! tf t u hr m ue 1 al tie pa d b tnesseth 7 h t if i J d d i n J it m J$ 10 00 d if I bf d I pl h f h b G IJ d I by u t &'ff , its I M x y d I I Be ufdozd C f F[ The South 200 of the North 360 lying West of State Road 401 and the East 225 of the South' 100 of the North 160 West of 8 R 401 all in Sec 26 T 24 S R 37 E and the South 200 of the North 360 of Section 27 T 24 S R37E NATE a1 FL.©RIi�t4� G> "' p0CI!lf1ENTARY 57AIAI' i1XX { em zQg30{ rE JULI16 6 TDoether w it l[ fh i m t h d t m i d pp t A ret b to p g y U7 pp t 9 To Rave and to Hold, h m t j mp[ f Rnd th q i It by venal w th d g I II t th g t I w; [[y zed j d fend f �plr th I th 9 t h y d nght d IdWjtul th ty t .1I d CO y d[ ad th I th gt h reby f fly m is th I it t d I nd d w tt d f d th m g th I mful fa ms f !f p ash m d th f d l d f f If umbran rept t es crtu g b q i i Dcmb 31 to 67 ¢a �" JgLI! tib "— PfaX 0 10823 In 10ltness 19htreof tI d g h g d d led th p es at th d y and y ar f t b w It Sy led 4 [ld o p SM7r OF 4�21 i-- emIts I.S. G.S. I IWPIEM CERTIFY h d het m ff d ly e. A11 riomecf- 5H h -e I W m= d d h C of sa d kp�� ��' Jr k bwldd " t vE+iarist{Cs? wpr I ri I q n R5 d scr d wh d h k w1 d d d bef m h M " my h d d ff I I h Co 7 d I f as d hu .24 r d I Z4IC4R��. A� Brevard County Property Appraiser Online Real Estate Property Card Page 1 of 2 (llomel ,[Meet ]trn Fordl IFAOI [General Infol [Save Our Homes] empt onsl [Contact Usl [Forms] {Apnealsl [Property R sear hi [M p Seam fM p & Data [Unusable Property] [rax A thonties] Dyhafs Newtif AS] General Parcel Information for 24 37 26-00 00253 1 0000 00 Id l 000000 �' HMa 26 000006 00 00253 1 MCode se Code Property 6395 ATLANTIC AV CAPE CANAVERAL FL 32920 Tax 243b771 Address Account Owner Information Owner Na 1PORTER JEAN B J Second Name $0 Mailing 6315 N ATLANTIC AVE Address $0 City, State, CAPE CANAVERAL Zi code FL 32920 Value Summary for 2001 * Market Value $4s0 000 A ricultural Assessment $0 Assessed Value $4so 0aa Homestead Exemption $0 Other Exemptions $0 [Energy Exemption $0 Taxable Value $450 000 Legal Description E300FTOFS 150 FTOFN310FTW OF ST RD Land Information Acres 1031 Lots/Un—,ts 7 Front Feet 0 De th 0 Site Code 340 Land Value $157500 Th s the al tab[ h d f d I m p rpose a co dance with s 193 01 1(1) and (8) !:1 nda Statutes This al a does not r prese t ant p t d sell g pn for the property Sales Information OR Sale Sale Deed Disqual>fcat o Intenor Roof Book/Pa a Date Amount T e Code rDis�qu(2lificat>ton Surce acant/Improved 2802/0493 511987 $100 Mater Code Code 1034/0091 �1 $104 8 �.J®® 14 Building Information PDC >iJse Year Story Extenor Intenor Roof Roof Floors Ceiling # Code Built Height Code Code T e Mater Code Code 2100 1964 ® 8 �.J®® 14 Building Area Information http //www-1ppra[ser co Brevard fl us/asp/Show parcel asp?acct=2436771&pen=T&tax=1 11/26/20011 Bi evard County Property Appraiser Online Real Estate Property Card Page 2 of 2 Pool Extra Feature Information Fireplace Fence Driveway Lawn Irriation Shed Dock Seawall Other No o No 0 o °0000 Tax Levied by Taxing Authorities for 2001 Taxing Authorities Al Taxes Billed Ad Valorem 1county 332091 School $3 903 30 Cl /MSTU 1 90018 Water Management $207901 SP District $1733 Debt Payment �� $204 80 Total Ad Valorem $7565601 Fee Agencies =1 Fees Billed Non Ad Valorem SW Disposal 1 $1289 73 SW Collection 1= $0501 Recycling $0001 EMS Ambulance $41 12 Storm Water $00 HPK/BFOOT $0001 WTR Control $0001 Total Non Ad Valore 1 $1 330 85 Total IL $8 896 45 ���w Home [General Info] [Meet Jim Fordl Exemptions [Save_Our Homes] [Contact Us] [Property Research] [Other Links] ,[Maps & Data][Annealsl Copyright © 1997 Brevard County Property Appraiser All rights reserved Disclaimer Applies to Results http l/www appraiser co brevard fl us/asp/Show parcel asp?acct=2436771 &ten=T&tax=1 11126/20011 Page 1 of 1 MINE I I Imill I in �� m Mal http 11205 172 172 144/scripts/esrimap dll?name=Brevardl&id=20011126142955334&Pa 11/26/20011 Meeting Type Regular Meeting Date 04 16 02 AGENDA H a(h g Consent It m I I N Exhibits Attached AGENDA REPORT CITY COUNCIL, OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH RANDALL O BRIEN PARCEL NO 24 37 23 A OOOdO 0000 00 III am 0I CONSH) tilly Requested Action City Council consider the approval of this easement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described wlthun the agreement I recommend approval Exhibits Attached Public Works Director s memo of 03 28 02 City Ma s Office Department PUBLIC WORKS ca mlmydoc tsla m net tng12002104 t6TM nen doc MEMORANDUM TO Bennett Boucher City Manager FROM Ed Gardulski Public Works Director DATE March 28, 2002 SUBJECT City Council Agenda Item for April 16, 2002 Easement Agreement from Randall O'Brien Parcel NO 24 37-23 JI 000d 0 0000 00 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board The Cape Canaveral has had the good fortune of applying for and receiving $200 000 from the Florida Department of Transportation (FDOT) through their Local Agency Program (LAP) This money is earmarked for the landscaping beautification of AIA In order for property owners to participate in this State Program and use public funds on private property the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed In compliance to the City of Cape Canaveral s Codes and FDOT LAP agreement the attached is an easement agreement between the City of Cape Canaveral and Randall O Brien The Planning and Zoning Board approved this Easement Agreement on March 27 2002 Recommend the approval the Easement Agreement between the City of Cape Canaveral and Randall O Brien Attachment CC File City of Cape Canaveral LENT TO THE CITY OF CAPE CANAVERAL TEM/SEGMENT NO v4ANAGING DISTRICT "Al? NO NATE ROAD NO COUNTY PARCEL NO INTEREST CONVEYED 405185 1 58 01 Fifth Distnct 4932 032 P 401 I AIA S R Brevard 24 37 23 JI 00001) 0 0000 00 Easement This is to advise that the undersigned as owner of the property or property interest referenced above and as shown on Right of Way maps for referenced project desires to make a voluntary donation of said property or property interest to the State of Florida for the use and benefit of the City of Cape Canaveral The undersigned hereby acknowledges that he/she has been fully advised by a City representative of his/her right to have the referenced property or property interest appraised to accompany the appraiser during the appraisal inspection of the property to receive full compensation for the above referenced property an receive reimbursement for reasonable fees and costs incurred if a ing been fully informed of the above rights I hereby waive those vis6 noted below Type or Print Property Owner s Name Street Address City Address , �7 ���d o ,7- — Date 105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state 11 us/cape e mail ccapecanaveral@cfl rr com EASEMENT THIS INDENTURE made this Z t day of (,c-16 2002 by and between Randall O Brien, the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Pdk Avenue Cape Canaveral Florida 32920 located to Brevard County Florida Grantee WITNESSETH That for and in consideration of the sum of One Dollar ($1 00) and other good and valuable considerations receipt of which is hereby acknowledged thr Grantor hereby grants sells and conveys unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width running the length of the Servient Estate along the west nghtof way line of SR AIA The purpose of the Easement granted herein is more specifically setforth as follows I The perpetual right of the of the Grantee or its designee or franchisee to construct install maintain repair and replace sidewalk landscaping trees irrigation and lighting within the described Easement 2 The perpetual right of the Grantee or its designee or franchisee to construct install operate maintain repair replace and remove utility systems including potable water sewer reclaimed water stone water drainage lines or pipes and other utilities such as electric gas and communication Imes and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchtsees of public improvements as set forth in paragraphs 1 and 2 heremabove to serve the general public and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area 4 Grantee and/or public utility designees and franchisees in constructing maintaining,repaumg replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remaining lands or unreasonably interfere with the ability of Grantor or its heirs administrator successors and assigns b operate and conduct its commercial business on said lands during normal business hours 5 This easement shall be non-exclusive and subject to the right of Grantor and its heirs successors administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee s public utility designee of fi-anchisee including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers emooyees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the MOT State Road AIA and the lands of Grantor through the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drams pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connedion therewith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREOF the Grantors have hereunto set their Signed in the presence of Q IV STATE OF FLORIDA COUNTY OF BREVARD seals on the day and year first above written c X/�--' ON THIS DAY personally appeared before me the undersigned authonty well known to be the person(s) described in and who executed the foregoing easement that they executed the same freely and voluntarily and for the purpose expresed to me and they acknowledged before me IN WITNESS WHEREOF I have hereunto set my hand and official seal in the State and County aforesaid this Z day of 2002 OTARY PUBLIC State of Florida at Large My Commission Expires PATRICK M ROOiVEy M SCC EXPIRESRugust23 2op281 �t Bund d inti Notaryp u dowt., i ,UI TOL H1C�tj� ISM EXH1131T 'A" P MCL., u 1 tract of land situated in Section 23, Township 24 Sout`► .ange 37 East mora particular y described as folloua Prota the Sout1twcst cornet of Section 23, Townshio 24 South, flange 37 Eaat, Drovard County, }iorida run ltorth 1 05119 cast along the Wont line of said Section 23 a distance of 1796 V teat; thence Sooth 38 53 Last, parallel with the South line of Bald Sq-cios 23 a distance of 449 23 feet to the Point of 11-jtnidng of the parcel horein describec' thcnca South Z12 .3 La -t a distance of 275 fact to t'ta West risjht-of way line of State Road Io 4011 tsonce South 0 ,1 31 teat alon7 said right-of-way 170 1 fact: thence orth 00 S1' Last, 275 teats thence Iorth 0• 59 31 Last a distarce of 170 1 font to the Point of Dauinning PAI` ICLL 6 A tract of land situated in Section 23, Township 24 +out's, Range 37 East more particularly described as foilowas From the Southwest corner of Section 23, 'township 24 South Range 37 eaot, brovard County, Florida runs north 1.05119 East along the Wast lino of said Section 23 a distanco o« 1516 70 fact; thence South 01 53' Last paral.rl with the South lino of said Section 23, a distanco of 253 56 fact to the Point of Daginning of tho parcal heroin described; thentq Itorth 0 59 31 Cast parallel with and 470 foot want of the Nest right-of-way of State !load Ito 401 a distance of 170 1 fcct; thcnce South as 53 nest, 195 o fact; thence South 0.59 31" host, 170 1 facts thence Uorth 00 53 ;test, 195 0 feat to the Point of Dogjinning Brevard County Property Appraiser Online Real Estate Property Card s a R�', e,. 4 .' i . [ omel [Meet J m Fo dl [FAOl [Qnerai Infol [&Ve Our Homesl [E emptionsJ [Contact Usl [ _ortnsl[ApMlsl [t' o rly R_ sear hl [Map Searchl [Maps & Dat 1 Wriusable Prov rtv] frax A thont es] [What N wl [L ks] General Parcel Information for 24 37 23 JI OOOOD 0 0000 00 Page 1 of 2 Owner Information Owner Name IEN RANDALL Eo Second Name $0 Mailing 2112 SYKES CREEK Address JJDR $0 City, State,MERRITT ISLAND FL Zi code 1 32953 Value Summary for 2001 * Market Value $602 630 Agncultural Assessment $0 Assessed Value 026301 Homestead KIS—m——tion $0 Other Exemptions $0 jEnergy Exemption $0 Taxable Value $602 630 Legal Description UNIVERSITY AS PER SURVEY BK 1 PGS 106 & 108 PARCELS D & K Land Information Acres 1841 Lots/Units 11 Front Feet 0 De th 0 Site Code 340 Land Value $1402601 Th s s the l st bi shed fo ad valorem purpose cco dance with s 193 011(1) and (8) FI nda Statutes Th s I dM n9l represent anticipated sell g pr f r the property Sales Information OR �i—S—ale— Sale Deed iDisqualfication Disqualification [acant/ImproBookfflage Date Amount Tye Code Source 3487/3499 6/1995F$550 000 WD T I 3355/0279 1211993 $1QQ PT I 2339/1718 1211981 $5 000 000 PT 13291065411211973 11$2 000 00011 PT Buildine Information PDC 11 Use 11 Year 11 Story II Exterior 11 Interior 11 Roof ff Roof 11 Floors 11 Ceiling http //wwvv appraiser co Brevard fl us/asp/Show parcel asp9acct=2435181&gen=T&tax=7 11/26/2001 1 Brevard County Property Appraiser Online Real Estate Property Card Page 2 of 2 Building Area Information Extra Feature Information PoolI Fireplace Fence DrivewaD Lawn Ir ri anon Shed Dock Seawall Other No OI School 1 L40 o No� No o� No SP District PDC Base Garage Open Car Screened Uhlity Enclosed $12 012 02 Total # Area Area Porches Port Porches Rooms Porch Basements Attics Base Area 11985 0 16$ ®®®®©© 11985 30738 ® 48 ®00®©0 30738 Extra Feature Information PoolI Fireplace Fence DrivewaD Lawn Ir ri anon Shed Dock Seawall Other No OI School 1 L40 o No� No o� No Tax Levied by Taxing Authorities for 2001 Taxing Authorities j Taxes Billed Ad Valorem Coun $3 123 07 School 1 $5227211 City/MSTU j $1 205501 Water Management $278 42 SP District $2320 Debt Payment 274261 Total Ad Valorem $10131661 Fee Agencies I Fees Billed Non Ad Valorem SW Disposal 1 $1 839 24 SW Collechon $0001 Recycling .$0001 EMS Ambulance $41 12 Storm Water $00-01 HPK/BFOOT $6001 WTR Control $0 00 Total Non Ad Valor 1 $1 880361 Total $12 012 02 ���M Home [General Info] [Meet Jun Ford] [Exemptions] [Save Our Homes] [Contact Us] [Property Research] [Other Links] [Maps & Data][ApWals], Copyright ® 1997 Brevard County Property Appraiser All rights reserved Disclaimer Applies to Results http Hwww appraiser co brevard fl us/asp/Show_pareel asp?acct=2435181&gen=T&tax=1 11/26/2001 Page 1 of 1 ick Action I Parcel Info ji Distance 0 IN View D=ease 2 ► Sar I AmA View Rant/ I turme I(*' Map (' Aerial Locate Parcel ID Zoom to Brevard County Printable Version Map -Check below then Update- - Parcels r GolfCow F Schools r Libraries F1 RoadNames r sections F Water Help Legend http //205 172 172 144/scripts/esrtmap dlMame=BrevardI&Cmd=zoom?&Parcels=l&R 11/26/2001 Meeting Type Regular Meeting Date 04 16 02 AGENDA Had s Consent It in 12 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT EASEMENT AGREEMENT WITH CHRIST LUTHERAN CHURCH OF CAPE CANAVERAL PARCEL NO 24 37 23 00 00282 0 0000 00 DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider the approval of this easement agreement as recommended by the public works director Summary Explanation & Background This 20 wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement I recommend approval Exhibits Attached Public Works Director s memo of 03 28 02 City Man r' ffice Department PUBLIC WORKS cape docu ntslad cil eetmg12002104 16-02bh rch doc MEMORANDUM TO Bennett Boucher City Manager FROM Ed Gardulski Public Works Director DATE April 11, 2002 SUBJECT City Council Agenda Item for April 16, 2002 Easement Agreement from Christ Lutheran Church of Cape Canaveral Parcel NO 24 37 23 00 00282 0 0000 00 Throughout the year the City of Cape Canaveral is required to obtain easements for property owners to perform City projects For example the City is required to obtain an easement to construct a public sidewalk sewer lines reuse water lines stormwater line and landscaping to name a few These easements are solicited by the City of Cape Canaveral and are in the City s best interest According to Article I IN GENERAL, Sec 110 1 of the city code Easement means a right of way granted for limited use of private property for a public or quasi public purpose Within Sec 110 477 requires that no purported dedication of an easement to the city shall be effective until it is accepted by the city council after review and recommendation from the planning and zoning board The Cape Canaveral has had the good fortune of applying for and receiving $200 000 from the Florida Department of Transportation (FDOT) through their Local Agency Program (LAP) This money is earmarked for the landscaping beautification of A 1 A In order for property owners to participate in this State Program and use public funds on private property the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed In compliance to the City of Cape Canaveral s Codes and FDOT LAP agreement the attached is an easement agreement between the City of Cape Canaveral and Christ Lutheran Church of Cape Canaveral The Planning and Zoning Board approved this Easement Agreement on April 10 2002 Recommend the approval the Easement Agreement between the City of Cape Canaveral and Christ Lutheran Church of Cape Canaveral Attachment CC File City of Cape Canaveral SEMENT TO THE CITY OF CAPE CANAVERAL ITEMISEGMENT NO MANAGING DISTRICT FAP NO STATE ROAD NO COUNTY PARCEL NO INTEREST CONVEYED 405185 1 58 01 Fifth District 49'2 032 P 4011AIA SR Brevard 24 37 23 00 00282 0 0000 00 Easement This is to advise that the undersigned as owner of the property or property interest referenced above and as shown on Right of Way snaps for referenced project desires to make a voluntary donation of said property or property interest to the State of FIonda for the use and benefit of the City of Cape Canaveral The undersigned hereby acknowledges that he/she ha-, been fully advised by a City representati,,e of his/her right to have the referenced property or property interest appraised to accompany the appraiser during the appraisal inspection of the property to receive full compensation for the above referenced property and to receive reimbursement for reasonable fees and costs incurred if any Having been fully informed of the above rights I hereby waive those rights unless otherwise noted below Cy iv /saute✓ n Owner s Signature Type or Print Property Owner s Name 75-11 N hTZhNr1C h Vk' Street Address ne9e4 hYelfhk FZ 32900 City Address 3h���Z Date 105 Polk Avenue • Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape P m i rr npr n P 10r^ i-r.m FASEMENT THIS INDENTURE made this ._�`__1ay of y 2002 by and between Christ Lutheran Church of Cape Canaveral the County of Brevard State of Florida Grantor and the City of Cape Canaveral a Florida municipality whose Post Office address is 105 Polk Avenue Cape Canaveral Florida 32920 located in Brevard County Florida Grantee WITNESSETH That for and in consideration of the sum of One Dollar ($1 00) and other good and valuable considerations receipt of which is hereby acknowledged the Grantor hereby grants sells and conve}s unto the Grantee its successors and assigns an easement along under over and across certain real property located in Brevard County Florida more particularly described on Exhibit A attached hereto (Servient Estate) The easement shall be described as that portion of the Servient Estate 20 feet in width runnin, the length of the Servient Estate along the west ri,ht of way line of SR A I A The purpose of the Easement granted herein is more specifically set forth as follows 1 The perpetual right of the of the Grantee or its designee or franchisee to construct install maintain repair and replace sidewalk landscaping trees irrigation and li,htin, within the described Easement 2 The perpetual n,ht of the Grantee or its designee or tranchisee to construct install operate maintain repair replace and remove utility systems including potabh, water sewer reclaimed water storm water draina,e lines or pipes and other utilities such as electric ,as and communication lines and the right to transmit and convey utilities through and under said property together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement 3 The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs l and 2 hereinabove to serve the general public and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor s lands over the easement area 4 Grantee andlor public utility desi,nees and franchisees in constructin, maintaming repairin, replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor s remainm, lands or unreasonably interfere with the ability of Grantor or its heirs administrator successors and assigns to operate and conduct its commercial business on said lands during normal business hours 5 This easement shall be non exclusive and subject to the right of Grantor and its heirs successors administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee s public utility designee of franchisee includin, but not limited to Grantor placing advertising sins and other items within the easement area and allowing Grantor and its customers employees and others to lawfully cross said easement area in order to have vehicular and pedestrian in„ress and egress to the FDO"I St-ite Road A I A and the lands of Grantor throu,h the Easement area TO HAVE AND TO HOLD the same unto said Grantee and its successors and assi,ns together with the right to enter upon said lands and to construct and maintain public uses thereon with all such fills cuts drains pipelines ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith It is expressly understood and agreed that the terms covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein IN WITNESS WHEREOF the Grantors have htreunto set their hands and seals on the day and year first above written Signed in the presence of ig Grantor STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY personally appeared before me the undersigned authority to me well known to be the person(s) described in and who executed the foregom, easement and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed IN WITNESS HEREOF I have hereunto set my hand and otficial seal in the State and County aforesaid thjsp'-C7,#f y of 2002 NOTAR PUBLIC State of FIrid at Larbe My Commission Expires �D / 43 C4nV,*0Wn cc8a4102 N. �0p« 31 2003 Christ Lutheran Church of Cape Canaveral 7511 North Atlantic Avenue Cape Canaveral rinsmda 32921D 7833303 THE t LTHERAN CU RCHI MISSOI RI 5) vua David Mennucke Pastor s APF - i 2002 Move that C H Bauer Board of Trustees be authorized to execute an E-asamant Agreament and a Donation of Propform with the City of Cape Canaveral for the express purpose of obtaining complimentary landscaping wlthln twenty feet of our eastern property boundary APPROVED BY MAJORITY VOTE OF THE VOTERS ASSEMBLY ON 19 MARCH 2002 a .a 066b 66L Lev Md II,0N3AkJN"0 3dUO Wd ZZ be Ze-Te-a-jo Christ Lutheran Church ®f Cape Canaveral 7511 North Atlantic Avenue Cape CanaNeral Florida 32920 7833303 THE I LTHERAN CHURCH fi MISSOURI SS NOD David Mennicke Pastor March 13 2002 Mr Ed Gardulski Public Works Director City of Cape Canaveral Cape Canaveral Florida 32920 Dear Mr Gardulskl Enclosed are five (5) copies of the easement agreement and one (1) Donation of Property form signed on behalf of Christ Lutheran Church We look forward to reviewing your proposed landscape improvements and understand that they in no way will 1) Adversely affect our sign or 2) Affect the current front yard setback requirements which would govern any new construction Also we are currently irrigating that area with re use water and we may need to get together with respect to line locations Sincerely rAtok) gaw� C H Bauer Board of Trustees Christ Lutheran Church Exhibit A _ WW"Imm ormwit a q rias gtAUM ll4i"WW a �r man a caw r3ft Ufa Mixis rrMlmc errs ,] IINC. F-84-525 P 0 Pax 165 .entU ' >ktsrtt k�FaaB tt da 32952 Made halm as -f the rir t day of November I A D 19 84 Xkt*7 Cn The Florida -Georgia Distric of The Lutheran Church -Missouri Synod a corporation ex.s.arsS under the laws of the State of Florida having its principal plitce of business in the Carvery of Orange and State W Florida party of the first cart and - Christ Luthpran Church of Co oa Beact In of the Count Bnd revard and State of Fl rich party of the Pttntserfli That the said party of the f rst part fo and -a consideration of the viii. of One dollar and other good and valuable consider ti n to tin hang[ paid the reoespt whereof is hereby acknmeledg d has granted bargained sold aliened remssed released conveyed and confirmed and by these presents doth grant ba gain sell alien remise release convey and confirm unto the said part y of the second part and its successor iw= and forever a Ca and tState of certain pFloridaf mo ee land paw partand icularly sdecr bedin gas follows f € A tr t of 1 nd itu ted in Govc. -tment L t 2 of Se tion 22 and th SW 1/4 of th NW 114 of Sect on 23 Township 24 South Range 37 East n # Br vard Cou ty Florida described as f llow Begin at a point in the wate s edge of the Banana R ver wh h p int is 155 feet n rth of the uth 1 ne of Government Lot 2 S ct on 22 of resa d and which is the SW co n r of the lands conveyed by J P Lyons and wife to James P Lyons Jr and from said po nt f begins ng f r a f rst cou run north 89 45 0 east on the south line of the lands onveyedto J P Lyons Jr and aid 1 ne pr jected a di tance of 992 feet more o less t the w st line of tle r ght of way of the County R d ow known as Stat Road AIA thence fo a second course run South 0 21 0 East on th we t lin f the right of way of the C unty Road to a point wh h 1 150 feet o th of th easte n term nu o t`t f t o a afo a aid a d wh 11 1 the NF orne of h 1 rd c nv }ed Ra}n d S an n y Kard by d ed dd i Deed Book 404 Page 474 thence for a third c urse run South 89 45 west and parallel to ad distant 150 feet south from the first c urse. ifor said (and on the north lin f lands onveyed t the Karda afore aid) a lista ce of 992 feet more le t and into th water dg of the Banana Rive th nee un no therly fo a f urth course in the water s edge of the Banana River a distance of 150 feet more or less to the point of beginning except the East 39 17 feet thereof which property h been deeded to the Stat of Florid for u e ad ben fit f the State 'Road Depa tment by deed c rded in Off i 1 Re ord Book 234 Page 65 ublic Records of Brev rd County Flor da Together with th ubm rged 1 nd and ripa an right n th Banana River t the s d land pp rta=ning SUBJECT TO General taxe f r calendar yea 1984 and foil wing zoning law and ord nan a and all ea ements a.ght -of-way mineral deeds leases and a ervations and otbe nd tions and restrict ns of record QIa$e*r with all the tenements hereditaments and appurtenances with every privilege right title interest and estate reversion remainder and easement thereto belonging or in any wise apperbwntrig. go �tve nub toalD the same in fee simple forever Ard Jae sdad,party of the first part doth covenant with the said party of the secondpart t�pt st is lauffidl aw2ed o} the said premises that they are,gree of all ineumbrancea and that it las# good rtglit and lawJ`id authority to sell the same and the said party of the f rat rt does hereby 4OUy ivarrarat the irtte io nail land and will defend the same against the law claims of all persons whq&s&ev 3- Othtess 94treof the said pa ty of the ft st part has caused s these presents to be signed in its name by its President and its carp orate seal to be affm d attested by sts 4 o Tpmte theda and year above written The Florida -Georg a DistrYct of l.rpxn_(,h1 ��r rh—� i2 1� Attest. f_'i'•l the 1yt��� - -- Gerald W seaman *Smb Seadeb nab pefsue eb n 4%r f rtevnre ,8y MJrRFf L Lloyd ken � President - ?.2 r} orevard l.ounty rroperty Appraiser Unline xeat Estate Froperty Lara reel Id rage F of 2 H m I [Meet ] m Fo dtFL AQ] [G 11 f ] [S ye Our) InmW [E mpt IK, t t Us] ji olm_�j LPi Is) jP �e_qAR a hl Ma Sea chl L p & D t ] [U sab] P pertY 1 f7 a A_ th _t W h t s New FL ks] General Parcel Information for 24 37 23 00 00282 0 0000 00 24 3723 00 Map Millage 26G0 Exemption kFuse Code 00282 0 0000 00 Code Property '7511 ATLANTIC AV CAPE CANAVERAL FL 32920 Tax 2435239 Address CANAVERAL INC Account FE—nergy Exemption Owner Information Owner CHRIST LUTHERAN Name CHURCH OF CAPE Second Name CANAVERAL INC Mailing FE—nergy Exemption $4 [7511 N ATLANTIC AVE Address Hei ht City, StateCAPE 1132920 CANAVERAL FL Zipcode Mater Value Summary for 2001 * market Value $811 040 A ricultural Assessment $0 Assessed Value $811 040 Homestead Exem tion $0 Other Exemptions $811 040 FE—nergy Exemption $4 Taxable Value $0 Legal Description N 150 FT OF S 155 FT OF LOT 2 SEC 22 & N 150 FT OF S 155 FT OF SW 114 OF NW 114 SEC 23 W OF STRD PAR 13 Land Information Acres 3491 Lots/Units : Front Feet 0 De th 0 Site Code 110 Land Value =1 $570090 Th €h 1 1 b1 h df d 1 m p po a rd w th s 193 011 (1) d (8) FI nda Stat i s Th s 1 does t ep s t t p t d Il g p f the p operty Sales Information OR Book/Pa a Sale I Date Sale Amount Dyed T e Disqualification Code Disqualification Source Vacant/Improved 12572/2387]111985[$46 200 Code Built Hei ht Code Building Information PDC.� Year Story �� Interior Roof Roof Floors Ceiling Code Built Hei ht Code Code Type Mater Code Code Di 7100 1966 12 ��0®©�] Use http //www apprtlser co Brevard fl us/asp/Show—parcel Year Story Exterior Interior Roof Roof Floors Ceiling Code Built Hei ht Code Code Type Mater Code Code Building Area Information asp acct-2435239&gen—T&tax=`I 11/26/2001 rsrevaru k,ounty rroperty iApprat5er untint rceai r,state rropeny udru rage /- ui C Base Garage Open Car Screened Utility Enclosed Total -41C Area Area Porches Port Porches Rooms Porch Basements A#tics Base Area 7395 ® 906 �©®®00 7395 Extra Feature Information Pool Tax Levied by Taxing Authorities for 2001 Taxinj Authorities Taxes Billed Fireplace Fence Driveway 11 Lawn Ir ri anon Shed Dock Seawall Other No No No a No No 0�0 $000 No Tax Levied by Taxing Authorities for 2001 Taxinj Authorities Taxes Billed Ad Valorem Coun $0001 School $0001 City/MSTU $0 00 Water Management $0 00 SP District $000 Debt Payment $0001 Total Ad Valorem $0 00 Fee Agencies I =Fees Non Ad Valorem SW Disposal $16162 SW Collection $0001 Recyclm $000 EMS Ambulance $41121 Storm Water $0 00 HPK/BFOOT $000 WTR Control $0001 Total Non Ad Valorem $20274 Total $202 74 no= Home General Info Meet Jim Fordl Exem tions Save Our Homes] Lontact Usl jProperty_Aesearch] LOther Links Maps & Data [Appeals] Copyright © 1997 Brevard County Property Appraiser All rights reserved Disclaimer Applies to Results http Hwww appraiser co Brevard fl us/asplShow_parcel asp?acct=2435239&gen=T&tax=l 11/26/2001 ick Action Parcel Info Distance 0 View Decrease Zoom Bar l Acnal View Range ( Increase 1(0' Map r Aerial rage t or t - Locate Parcel ID -Zoom to Brevard County -Printable Version Map -Check below then Update- - Parcels F GOIfCOu F Schools r Libraries F RoadNames r Sections F Water H" Legend http //205 172 172 144/scripts/esrimap-d11?Name=Brevard 1 &Cmd=zoom?&Parcels= l &R 11/26/2001 Meeting Type Regular Meeting Date 04 16-02 AGENDA Had g Ordinances It in 13 N This rezoning is consistent with the small scale comprehensive plan amendment Ordinance No 02 2002 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SIFBJF.CT ORDINANCE NO 02 2002 AMENDING THE OFFICIAL ZONING MAP DEPT /DIVISION .P&Z/GROWM MANAGEMENT Requested Action City Council consider the adoption of Ordinance No 02 2002 amending the official zoning map Summary Explanation & Background The Planning & Zoning Board recommended approval of this rezoning at their 02 13 02 meeting This ordinance rezones 4 601 acres from R 2 (residential) to M 1 (industrial) and 5 375 acres from R 2 (residential) to C 1 (commercial) The supporting documentation 1s attached This rezoning is consistent with the small scale comprehensive plan amendment Ordinance No 02 2002 Adjacent property owners within 500 feet of the subject property were sent notice by mail Exhibits Attached Ordinance No 02 2002 City Man s ice Department P&Z/GROWTH MGMT ca docume ing12002104 tb-V1UZ 10U1 UOc ORDINANCE 02 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110 246 CODE OF ORDINANCES BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM THE CLASSIFICATION OF R 2 RESIDENTIAL TO M 1 INDUSTRIAL ON 4 601 ACRES AND R 2 RESIDENTIAL TO C 1 COMMERCIAL ON 5 375 ACRES AS DESCTIBED IN EXHIBIT A PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS the Planning and Zoning Board of the City of Cape Canaveral Florida sitting in its dual capacity as the Planning and Zoning Board and as the Local Planning Agency has held public hearings on changes to the zoning classification of the property indicated below and WHEREAS the Planning and Zoning Board has issued a written report regarding its recommendation to the City Council and WHEREAS the public was heard at a regular meeting of the City Council on the petition requesting changes indicated below and after full discussion the Council having found that the best interest for the City of Cape Canaveral and its citizens would be served by granting the petition to change the zoning classification and WHEREAS the City Council based on the reasons and findings stated in the analysis and recommendation of the staff has found that the proposed zoning amendment is consistent with the provisions of the City of Cape Canaveral Comprehensive Plan NOW THEREFORE BE IT ORDAINED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 That the Official Zoning Map of the City of Cape Canaveral Florida as described in Section 110 246 Code of Ordinances is hereby amended to include a change of classification from R 2 (Residential) to M 1 (Industrial) on 4 601 acres and R 2 (Residential) to C 1 (Commercial) on 5 375 acres for property legally described as (See Attached Exhibit "A ) SECTION 2 This ordinance repeals all prior ordinances and resolutions in conflict herewith City of Cape Canaveral Florida Ordinance No 02 2002 Page 2 SECTION 3 This ordinance shall become effective after the amendment has been duly recorded upon the official zoning map of the City of Cape Canaveral ADOPTED BY the City Council of the City of Cape Canaveral Florida in a regular meeting assembled this 19th day of March 2002 ATTEST Rocky Randels MAYOR Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY First Public Hearing March 5 2002 Legal Ad Published March 9 2002 Second Public Hearing March 19 2002 FOR AGAINST a,� L | | !| ,||| , ! I jit, | ■ .. ||■� , ,` , ,|`� !�|||| ! `| |�f. �,,'��|■,� ! � � !�� ���'� |�` ■� � ■' EXHIBIT A ■ a , | I| SUBJECT PARCEL— — R2 TO Cl R2 TO M1 7— J — n hn L T FM R3 R3 L ` CON 1 i cl ml 1�! ,R3I I �f a clu TF , ,lu n mi I p � gra f R2 �C2 c2 f cl -- RZ�( I —y- E rtra r� w jlrI C2or R2 I CON R3 R2 j cl l� R2 — J i R3 Cl [ L 1Lj PUB7Tum f �— ly pmR3 Cl p I I PUB IU cl CON wratdocMt� u ` C! R2� R2 r R2 "R3 CON Cl — — R2 R2 R3 71 R2 �� M11 WA R3 R3 n _aJ �_�. — BMn [—R2] R21 1 R3 BANANA RIVER — _ ATLANTIC OCEAN BRMI p BRi1 R2 R3 2 — k B2] R3 _ Pt1B PUB �! J_f .wg BR94 C2 L � R2! L Jlr R— / 3 B993La �� 111 R2 JLR3C2 cl R2 1 Ra L f cmi I R2 R2 �R3 L R2 � J R3 It3 CPA -02-01 - n y -I F. 11 7 R3 1 r - I F / FUTURE LAND USE Cl COMMERCIAL C2 COMMERCIAL/MANUFACTURING Ml INDUSTRIAL RI RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC RECREATION CON CONSERVATION AREA A ARCHAELOGICAL SITE 0 SCALE 0 500 1000 CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 1 F Ri L- f Q 7 f=Ti f L F_j _J Ivey H ms & WaILs Inc 631 Smtb Orlando Avenu Sunt zoo W to P rk, Rmida 32789 (t) 407 624 8880 (I) 407 629 7883 X6 88 ,E City of Cape Canaveral Proposed Rezoning Applicant Bjomar Hermansen Trustee 205 Hacienda Dr Merritt Island FL 32952 Location Acreage Current Zoning Land Use Proposed Zoning Land Use Range 37 Township 24 Section 14 Parcel 251 9 976 acres R 2 Residential C 1 Commercial 5 375 Acres M 1 Industrial 4 601 Acres Description of zoning amendment area The applicant has applied for a land use change from R 2 residential to C 1 commercial (5 375 acres) and M 1 industrial (4 601 acres) The subject parcel is a total of 9 976 acres and would approximately halve the existing parcel between the proposed uses The proposed C 1 would front on North Atlantic Avenue and the proposed M 1 would be located entirely behind the proposed C 1 land use The permitted density in R 2 residential is 15 dwelling units per acre in M 1 industrial no residential uses are permitted and in C 1 commercial residential uses are permitted through special exception The character of the area is undeveloped a couple multi family residential projects have been recently approved to the east and southeast of the subject parcel There is existing residential to the north and the Port of Canaveral is approximately 114 mile to the north There are existing residential uses south of the subject property and industrial use to the west The following table evaluates the adjacent existing land uses and approved zoning and land use categories CPA 02 1 1 North East South West Present Land Use Industrial/ Residential/ Residential Industrial Residential Industrial Zoning R 2 Residential R 2 Residential C 1 Commercial M 1 Industrial M 1 Industrial M 1 Industrial Future Land Use R 2 Residential R 2 Residential C 1 Commercial M 1 Industrial M 1 Industrial M 1 Industrial CPA 02 1 1 Public Services and Facilities in zoning amendment area The Level of Service for parks and recreation is two (2) acres of parkland per 1 000 residents Approximately twenty four (24) acres of parkland exist with 8 941 residents in Cape Canaveral This equates to 2 68 acres of parkland per 1 000 residents This amendment would reduce the potential future demand on park services with a change of land use from residential to non residential State Route AIA is operating at Level of Service A with 1 535 peak hour traps The maximum peak hour volume acceptable is 2 080 representing a LOS of E North Atlantic Avenue has an operating level of service of D with currently 705 peak hour trips The maximum peak hour volume acceptable is 830 representing a LOS of E The proposed change would eliminate a maximum of 149 potential residential units that could be considered with the existing land use If built out 149 residential units could generate approximately 57 peak hour trips per day even with this scenario a traffic deficiency would not occur at this time With the proposed change the trip generation is unknown because a use has not been identified At the time a site plan is submitted a full traffic study will be required prior to approval The City of Cape Canaveral provides wastewater treatment The wastewater treatment capacity is 1 8 million gallons per day (MGD) The existing usage is 123 MGD with an excess capacity of 57 MGD There is adequate wastewater treatment capacity available The City of Cocoa has a total capacity of 44 MGD and currently provides 24 MGD of water on an average daily basis leaving 20 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 zoning amendment area The land area itself is upland with Canaveral Complex (CA) Palm Beach Sand (Pb) and Parkwood pine Sand (Pk) The subject area is not in a flood plain The vegetation is fairly dense in portions with a mix of hardwoods pine flatwood palmetto and a mix of other varieties plant varieties At this time it is unknown if endangered habitat and species exist on site A full environmental analysis will need to be done prior to permitting for development There are no wetlands or aquifer recharge soils or conditions associated with the subject parcel The parcel is not identified as being in a floodplain There are no known endangered species identified on site or in the area adjacent to the subject parcel CPA 02 1 2 Historical and Archaeological Resources in zoning amendment area There are no known historic or archaeological sites located on site or in the area surrounding the subject parcel Population Projections and Trends The proposed zoning amendment will eliminate a possible maximum of 69 residential units and would reduce the overall maximum future population by approximately 170 persons This should not have an adverse impact on overall population projections Consistency with the Comprehensive Plan This zoning amendment is consistent with the following Comprehensive Plan Objectives Future Land Use Element Objective LU 1 The City shall coordinate future land uses with the appropriate topography soil conditions and the availability of facilities and services The proposed amendment is within acceptable level of services standards and does not impact existing known environmental conditions Objective LU 4 The City shall enforce its regulations for protection of natural resources and historic resources As describe above there are no known historic or archaeological sites on site There are no detrimental environmental conditions observed on site Objective LU S The City shall coordinate coastal area population densities with the local hurricane evacuation plan This amendment reduces residential density Objective LU 6 The City shall attempt to prevent urban sprawl This amendment will help to infill one on the last vacant areas of the City CPA 02 1 J CMof C009 CA"VER" City of Cape Canaveral. NOTICE OF PUBLIC HEARING March 20 2002 To the Adjacent Property Owners Notice is hereby given by the City of Cape Canaveral that Bjornar Hermansen Trustee through its agent Jack A Kirschenbaum Attorney at Law has requested a change of zoning map classification pursuant to the Cape Canaveral Code of Ordinances Zoning Regulations from R-2 to M 1 on approximately 4 601 acres and R-2 to C 1 on approximately 5 375 acres on the property described as follows Tax Parcel Township 24S Range 37E Section 14 Block 0 Lot 00251 0 Subdivision 0 (See map attached) The Cape Canaveral City Council will hold a public hearing regarding the property noted above The meeting will be held on April 16 2002 at 7 00 P M in the City Hall Annex 111 Polk Avenue Cape Canaveral FL This meeting is for considering the adoption of an ordinance to change the Official Zoning Map with respect to the above-named property You are invited to attend this hearing and provide comment on the proposed changes to the zoning A copy of the ordinance and the proposed rezoning is attached If you need any further assistance please call the City Clerk s office at (321) 868-122011221 If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting that person w ll need a record of the proceedings and for such purpose that person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence nor does it authorize challenges or appeals not otherwise allowed by law Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk s office (868-1221) 48 hours in advance of the meeting Susan Stills CMC City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral FL 32920 0326 Telephone (321) 868 1200 • FAX (321) 799 3170 i fcn state #1 us/cape/ e mail cape@iu net Meeting Type Regular Meeting Date 04 16 02 AGENDA H adi g Ordinances 2nd Public Summary Explanation & Background Hearing It m 14 H Department LEGISLATIVE AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 07 2002 AMENDING CODE SECTION 2 234 PAYMENT OF IMPACT FEES DEPT /DIVISION LEGISLATIVE Requested Action City Council consider approval of this amendment that would allow developers to pay Impact fees prior to the issuance of the Certificate of Occupancy Summary Explanation & Background Result of code review requested by developers Exhibits Attached Ordinance No 07 2002 Existing Code Section City s Office Department LEGISLATIVE ca imlmydocu is dmi i Vncetmg12002104 IPTM7 2002 doc ORDINANCE NO 07 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA AMENDING CODE SECTION 2 234 PAYMENT OF IMPACT FEES BY AMENDING THE TIME REQUIREMENTS RELATED TO PAYMENT FROM AT THE TIME OF ISSUANCE OF THE BUILDING PERMIT TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY, PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 2 234(b) Payment of Impact Fees is hereby amended by amending the time for payment of impact fees from at the time of issuance of the building permit to the time of issuance of the certificate of occupancy as follows All impact fees shall be paid by certified funds at the time of issuance of the certificate of occupancy for such new construction SECTION 2 Severability If any section paragraph phrase or work of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and it shall be construed to have ben a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 Conflicting Provisions Any Ordinance or part of an Ordinance in conflict herewith is repealed SECTION 4 Effective Date This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST ,dim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Lary Weber Mark McQuagge CITY ATTORNEY Section 2 234 Section 2 234 Payment Page 1 of 1 (a) The impact fees imposed by this division shall be paid in legal tender unless the city council accepts an in kind contribution of real or personal property for public use which serves the same public purposes as those for which the impact fees are imposed Credit for such in kind contribution shall be based upon the fair market value of that property as of the date the city council accepts such offer of dedication The appraised value of the property shall be verified by at least one competent independent opinion thereof (b) All impact fees shall be paid at the time of issuance of the building permit for such new construction No building permit shall be issued for any structure subject to the impact fees imposed by this division unless and until all applicable impact fees have been received for such structure http Hwww myflorida corn/cape/CapeCanaveralCode/2 234 htm 04/09/2002 Meeting Type Regular Meeting Date 04 16 02 AC'ENDA Had B Ordinances 2nd Public Summary Explanation & Background Hearing It m 15 N Ordinance No 08 2002 Existing Code Section, Code Section 86 8 Certificate of Occupancy Check List AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 08 2002 AMENDING CODE SECTION 78 122 PAYMENT OF SEWER IMPACT FEES DEPT /DIVISION LEGISLATIVE Requested Action City Council consider approval of this amendment that would allow developers to pay sewer impact fees prior to the issuance of the Certificate of Occupancy Summary Explanation & Background Result of code review requested by developers There was a question on concurrency at the last meeting and the attached Code Section 86 8 may address some of the concerns raised Exhibits Attached Ordinance No 08 2002 Existing Code Section, Code Section 86 8 Certificate of Occupancy Check List City M ge s Office Department LEGISLATIVE ca docu nts n tineenng12002104 WNW 2002 doc ORDINANCE NO 08 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA, AMENDING CODE SECTION 78 122 PAYMENT OF SEWER RATE ASSESSMENT BY AMENDING THE TIME REQUIREMENT FOR PAYMENT OF THE SEWER ASSESSMENT FROM AT THE TIME OF THE ISSUANCE OF THE SEWER PERMIT TO AT THE TIME OF THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 78 122 Payment of Sewer Rate Assessment is hereby amended by amending the time requirement for payment of the sewer assessment from at the time of the issuance of the sewer permit to at the time of the issuance of the certificate of occupancy as follows The assessments as set forth in this division shall be paid by certified funds at the time of issuance of a certificate of occupancy for such new construction except as provided in Section 78-123 Except as provided in Section 78 34 a building permit shall not be issued unless a sewer permit has been first obtained The amount of the assessment shall be determined in accordance with the rates established in Section 78-121 in effect at the time a sewer permit is issued by the city A sewer permit shall not be issued until a city sewer main line is placed within 150 feet of the applicants property If the assessment is not paid by the 30th day following that for which a billing has been rendered then an amount equal to five percent of such assessment due shall be added thereto as a late charge Upon failure of any user to pay for the assessment within 60 days from being billed the city shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the city on account of the services shall have been paid in full If such sewer service is shut off pursuant to this section then before such service shall be restored the user thereof shall pay a reinstatement fee in the amount as set forth in Appendix B to this Code in addition to any other assessments and charges due In addition and as an alternative means of collecting such assessment last charges and penalties the city shall have a lien on such lot or parcel of land for which the sewer connection has been made for which such lien shall be of equal dignity with the lien of state and county and municipal taxes Such lien may be foreclosed by the city in the same manner provided by the laws of the state for the foreclosure of mortgages upon real estate City of Cape Canaveral Florida Ordinance No 08 2002 Page 2 SECTION 2 Severability If any section paragraph phrase or work of this Ordinance is held to be unconstitutional or invalid such portion shall not affect the remaining portions hereof and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part SECTION 3 Conflicting Provisions Any Ordinance or part of an Ordinance in conflict herewith is repealed SECTION 4 Effective Date This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Mark McQuagge CITY ATTORNEY Section 78 122 Section 78 122 Payment Page 1 of 1 The assessments as set forth in this division shall be payable prior to the issuance of a sewer permit except as provided in sections 78 123 Except as provided to section 78 34 a building permit shall not be issued unless a sewer permit has been first obtained The amount of the assessment shall be determined in accordance with the rates established in section 78 121 in effect at the time a sewer permit is issued by the City- A sewer permit shall not be issued until a city sewer main line is placed within 150 feet of the applicants property If the assessment should not be collected prior to connection to the city sewer system and the assessment is not paid by the 30th day following that for which a billing has been rendered then an amount equal to five percent of such assessment due shall be added thereto as a late charge Upon failure of any user to pay for the assessment within 60 days from being billed the city shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the city on account of the services shall have been paid in full if such sewer service is shut off pursuant to this section then before such service shall be restored the user thereof shall pay a reinstatement fee in the amount as set forth in appendix B to this Code in addition to any other assessments and charges due In addition and as an alternative means of collecting such assessment late charges and penalties the city shall have a lien on such lot or parcel of land for which the sewer connection has been made for which such lien shall be of equal dignity with the lien of state and county and municipal taxes Such lien may be foreclosed by the city in the same manner provided by the laws of the state for the foreclosure of mortgages upon real estate http //www myflorida com/cape/CapeCanaveralCode/78 122 htm 04/09/2002 Sec Page 1 of 1 Sec 86 8 Duration Concurrency compliance certification after issuance of Development permit A Concurrency compliance certification shall remain valid for a period of 45 days following issuance provided the related application for a Development permit has been submitted prior to the end of the 45 day period Once the Development permit is issued the compliance certification shall continue in effect according to the following timeframes (1) Site Development plan approval The Concurrency compliance certification shall have a maximum duration of 18 months unless the intensity or density of the proposed protect is increased since the last concurrency evaluation in which case the compliance certification shall become null and void and a new concurrency evaluation shall be required (2) Residential subdivision or phase or unit thereof including planned unit developments The compliance certification shall remain valid for a period not to exceed 60 months from the date of construction permit issuance provided authorized work proceeds in a timely manner (3) Individual single family Development The compliance certification shall remain valid for a period not to exceed 24 months provided a Building permit is obtained during that period and authorized work proceeds in a timely manner Lots included within subdivisions which have not passed a concurrency evaluation or where the nondeficiency finding or vesting period has expired are included in this category (4) Commercial Industrial or multi family Development The compliance certification shall remain valid until construction has been completed and a certificate of occupancy has been issued or for the life of the permit unless it is revoked or suspended http Hwww myflorida com/cape/CapeCanaveralCode/86 8 htm 04/09/2002 Section 86 6 Page 1 of 1 (3) Sanitary sewer facilities a The Available capacity for sanitary sewer facilities shall be calculated by subtracting the current flow and previously committed capacity from the design capacity of the wastewater treatment facilities If wastewater capacity is Available for the project the city s wastewater treatment department shall issue a capacity reservation certificate for it b The impact on the treatment plant shall be determined by utilizing the city s adopted sanitary sewer Level of service standard http //www myflorida com/cape/CapeCanaveralCode/86 6 htm 04/09/2002 FINAL INSPECTION CHECK LIST FOR ISSUANCE OF CERTIFICATE OF OCCUPANCY/COMPLETION 1 Architects or Engineers statement that building is built in accordance with approved plans and specifications on file with the City Date 2 Engineers or Architects statement that site construction is in accordance with the approved Site Plan and that all construction has been in compliance with applicable codes Date NOTE SINGLE FAMILY DUPLEXES AND TRI-PLEXES ARE EXEMPT FROM THE ABOVE REQUIREMENTS UNLESS A D E P PERMIT WAS REQUIRED 3 Plumbing Final Inspector 4 Electrical Final Inspector 5 Mechanical Final Inspector 6 Roof Permit Final Inspector 7 Building Permit Final Inspector 8 Dune Crossover (if applicable) Inspector 9 County Impact Fees Paid Inspector 10 Sidewalk/ Driveway Inspector 11 Sewer Connection Inspector 12 All debris removed from site Inspector 13 Approved for Electric Service Inspector 14 Approved for Hydrant Service (City of Cocoa) Inspector 15 D O T Approval (if applicable) Inspector NOTE ALL IMPACT FEES PAID BY CERTFIED FUNDS 16 Capital Expansion Impact Fees Paid Yes No 17 Sewer Impact Fee Paid Yes No Meeting Type Regular Meeting Date 04 16 02 AGENDA H ad g Considerations It m 16 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSIDERATION COOPERATIVE PURCHASE OF A 2002 DODGE PICKUP TRUCK FROM JACK CARUSO S RGENCY DODGE INC IN THE AMOUNT OF $17845 DEPT /DIVISION BUILDING DEPARTMENT Requested Action City Council consider the cooperative purchase of a 2002 Dodge Pick Up Truck from Jack Caruso s Regency Dodge Inc m the amount of $17 845 and the appropriation of funds as requested by the building official Summary Explanation & Background This is not a budgeted item. This department has (2) new pick up trucks and (2) older vehicles with high mileage The building official would greatly appreciate your consideration of this request Exhibits Attached Building Official s Memo of 03 20 02 Office C7:ze�z_ Department BUILDING DEPARTMENT ca tmlmydoe ts5adim n Vneehng12002104 16-021p ek up doe City of Cape Canaveral Building Official Woms L Reul k4�- 105 Polk Av Phone 321 868 1222 P O Box 326 Fax 321 783 8193 Cape Canaveral Fl 32920 Email read capr@cfl rr com Web page www fcn state fl us/cape/ To Bennett Boucher City Manager From Morris Reid Building Official�� Date March 20 2002 Re Agenda item Purchasing Dodge Dakota Pickup Dodge trucks have a 7 year / 100 000 mile warranty at this year which would benefit the City in length alone I am requesting an addition pickup this year in the amount of $17 845 00 in addition to the truck already purchased Due to amount of constructions this year revenue generated has already exceeded projected revenue in this budget year Building permit applications currently submitted for projects like the 150 unit motel and five store budding for Cape Caribe project and five story condorruniums off W Central Blvd will generate revenue well beyond projected This request is part of the five year capital improvement plan and will replace the 1992 Oldsmobile with 116 000 miles on it This vehicle was selected from the Florida Association of Counties Bid Award # 07 001 02 01 and commodity 070 544 140 for a price of $17 845 00 from Jack Caruo s Regency Dodge Inc see attached quote Thank you for your consideration FAX QUOTE JACK CARUSO S REGENCY DODGE INC 10979 ATLANTIC BLVD ACNSONVILLE FL.2225 800 654 8426 904 642 5600 FAX 904-02 7061 FROU x91267755 SENT? TO Company narn FW" Otty Of Capg Canaveral BILL FUTRILL Alten0on Da e Morris Reid ifM002 office locauon Office location Fal number Phone number Phone number 32174 8193 9910 SPAY ON BEDLJNER flrg'erlr [] Repl/ASAP EPleasecomment Total pages ncluding caner 1 COMMENTS QUOTE FLORIDA STATE CONTRACT 070-0D1-02-01 COMMODITY 070 544 140 DODGE DAKOTA 4X4 11 Please reylew '1 Far your lnformatlon OPT AMOUNT DELIVERED TO CENTRAL DISTRICT $14 405 00 OPTIONS 3001 LIMITED SLIP $283 00 5008 RAIN SHIELDS $4500 5008 CLOTH SEATING $5200 9910 SPAY ON BEDLJNER S67500 NON CONTRACT PROVIDE EXTENDED (CLUB CAB MODEL) $2;606 00 TOTAL $17,84500 11 Please reylew '1 Far your lnformatlon OPT Meeting Type Regular Meeting Date 04 16-02 AGENDA H ad g Discussion It m 17 N Summary Explanation & Background AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING DEPT /DIVISION LEGISLATIVE Requested Action City Council prepare a transportation project list to be submitted to the Brevard Metropolitan Planning Organization - Summary Explanation & Background I have attached last year s project list and ranking and I am requesting feedback for this year s project submittal The due date is 05 31 02 Please advise Exhibits Attached MPO letter of 04 04 02 City Ma r' ffice Department LEGISLATIVE // f� g12002104 16-02ltnpo doe BREVARD METROPOLITAN PLANNING ORGANIZATION 2725 Judge Fran Jamieson Way Bldg A Telephone (407) 690.6890 Melbourne Flande 32940 Fax (407) 6906827 5unCom 366-6890 DATE Apr114 2002 TO City Managers Technical Advisory Committee (TAC) Members Growth Management Subcommittee (GMSC) Members FROM Kama Dobbs Transportation Pianne� SUBJECT Request for State and Federal Transportation Improvement Funds Each year the MPO is required to prepare a five year work program of transportation projects planned for the Palm Bay Melbourne Titusville Urbanized Area This five year program the Transportation Improvement Program (TIP) is the basis for receiving federal and state transportation funds Preparation of the TIP begins with the MPO establishing protect priorities for the Brevard County area To prepare this document we need your assistance There are two steps in the TIP process that must be completed by you The first is to submit information regarding locally funded and implemented protects for inclusion in the FY 2002 2006 TIP The second is to submit requests for protects to be federally funded which will be prioritized for inclusion in the FY 2004 2008 TIP or future TIP s At this time MPO staff is requesting information to complete the second step as described below Information regarding the first step was mailed to you on April 1 2002 Project Requests for Federal Funding (FY 2004 — 2008) Preparation of the TIP begins with the MPO establishing project priorities for the Brevard County area Enclosed is a blank standard form titled Request for State and Federal Transportation Protect Funding Under the provisions of the Transportation Equity Act for the 2151 Century (TEA 21) transportation projects on arterial and collector roads under the control of both local governments and FDOT are eligible for federal funding The Request for State and Federal Transportation Project Funding form is the method by which local governments inform the MPO of potential improvement projects on arterial and collector roads In general the projects that will be implemented by FDOT and use state and/or federal funds should be included on the form The MPO will consider these projects when it prioritizes transportation needs for funding consideration A more detailed explanation of the form is enclosed Please note that the purpose of the form is to advise the MPO of potential new projects that should be considered for state and federal funding only The forms are not to report projects that will use local transportation improvement funds The project priorities process this year will be broken into three separate parts highways enhancements and traffic operations Therefore the Request for State and Federal Transportation Project Funding form has City Managers TAC Members GMSC Members Apn14 2002 Page Two changed slightly and should only be used to submit highway project requests The process for submitting enhancement project requests will be established by the Bicycle Pedestrian and Pathways Committee (BPPAC) The Traffic Operations Committee (TOC) will be addressing traffic operations projects The MPO strongly urges the council or commission of each local government to adopt the list prior to submission to the MPO This will insure that both the staff and elected officials are aware of the project list and that the projects included on the form(s) do actually represent the local governments position We would appreciate receiving the completed forms as soon as possible before MAY 31 2001 The Growth Management Subcommittee will evaluate the requests in July and submit preliminary priority recommendations to the TAC CAC and MPO to review at their meetings in August The GMSC meeting is tentatively scheduled for the afternoon of July 8 2002 For your convenience an electronic version of the request form has been posted on the MPO web site at the following URL http I/www brevardmpo comltipforms htm Please note you must type the entire URL into your browser to access the form If you have any questions regarding this process please contact myself or Bob Kamm at 690 6890 or a mail kamad@brevardmpo com INSTRUCTIONS FOR COMPLETING THE REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING FORM GENERAL The Request for Funding Form should be used by any local agency to nominate an improvement protect that will require state and/or federal funds to implement The form will provide Information on transportation Improvement needs so the MPO and Its committees can realistically and fairly evaluate one protect relative to others of the same general type The form should not be used for protects relying entirely on local revenue for transportation enhancement projects traffic operations projects or for projects using funds allocated by formula directly to agencies such as SCAT airports the port or the spaceport A separate form should be completed for each candidate project Note there are two forms on each page Please Include a response to each Item even if the response is NA For work processing convenience project data can be typed on a separate page rather than the form Itself Please contact the MPO staff if there are questions concerning this form or how it should be completed for a specific project LINE 1 Enter the name of the local government or agency submitting the request LINE 2 If multiple requests within the same category are submitted the Individual projects must be prioritized This ensures consideration of the most pressing local needs LINE 3 The location should specify the road name and project limits or the intersecting street(s) as appropriate Maps are not required but can be submitted if needed to better define the protect limits Federal funds can only be spent on collector and arterial roads (I a the federal aid highway system) Contact MPO staff to verify a project is located on the federal aid highway system State funds are limited to projects on the state highway system Federally funded projects not on the state highway system usually require 12 5% local match LINE 4 The action the applicant desires to have Implemented with state or federal funds such as conduct planning study design Improvements acquire right of way Execution of any required preliminary studies will be the normal first step in the Implementation process even If the applicant does not explicitly request such a study on Line 4 LINE 5 A brief statement about the nature extent duration and consequences of the deficiency the project Is intended to address An additional page may be attached to explain a complicated problem LINE 6 If a prior study was conducted please reference in 6(a) the type of study the data and the author such as FDOT corridor study city warrant study etc The study recommendation (s) should generally match the requested action in line 4 A copy of the study should be made available if requested Do not submit the study unless requested by MPO staff If a study has not been performed 6(b) should cover the type and extent of such a study Execution of the study will normally be the first step toward protect implementation LINE 7 Any known public and/or private sector actions over the upcoming five years that may substantially affect the nature or timing of the requested action should be noted The Intent is to properly define the scope of the project identify potential constraints and/or future opportunities for public/private partnerships ROW donation etc LINE 8 Summarize any public comment on the requested project Any actions by elected bodies should be noted The intent is to gauge potential public support for or opposition to a project The lack of public comment on a requested project will not count against the project REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1 CATEGORY (check one) ❑HIGHWAY ®TRAFFIC OPS ❑MULTIMODAL ❑OTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICTION S PRIORITY WITHIN THE CATEGORY 1 4 PROJECT LOCATION SR AIA, INTERNATIONAL DRIVE AND_N ATLANTIC AVENUE (401) 5 REQUESTED ACTION RECONFIGURE ALIGNMENT OF INTERSECTION 6 DESCRIPTION OF PROBLEM INTERNATIONAL DRIVE AND N ATLANTIC AVENUE ARE OFFSET WITH THE ALIGNMENT OF SR A1A, THUS AN UNSAFE AREA 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions THIS PROJECT IS RECOMMENDED WITHIN THE SR AIA TRANSPORTATION ALTERNATIVES STUDY b If No what type of study may be needed to better define the problem and/or solution(s) NIA 8 RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION PORT INTERCHANGE PROJECT RESULTING IN INCREASED TRAFFIC VOLUME AND GROWTH IN THE AREA 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES OF THIS PROJECT 1 CATEGORY (check one) ❑HIGHWAY ®TRAFFIC OPS ❑MULTIMODAL ❑OTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICTIONS PRIORITY WITHIN THE CATEGORY 2 4 PROJECT LOCATION SR AIA AND COLUMBIA DRIVE 5 REQUESTED ACTION INSTALL TRAFFIC SIGNAL WITH PEDESTRIAN FEATURES 6 DESCRIPTION OF PROBLEM WILL HELP TO MAKE THIS INTERSECTION SAFE FOR VEHICLES AND PEDESTRIANS 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions NIA b If No what type of study may be needed to better define the problem and/or solution(s) A WARRANT STUDY S RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION INCREASED TRAFFIC DUE TO GROWTH IN THIS SERVICE AREA 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE FDOT WILL NOT LOWER SPEED LIMIT, TRAFFIC VOLUMES ARE INCREASING, SAFETY IS MAJOR CONCERN REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1 CATEGORY (check one) ❑HIGHWAY ®TRAFFIC OPS ❑MULTIMODAL MOTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICTIONS PRIORITY WITHIN THE CATEGORY 3 4 PROJECT LOCATION SR A1A, 5 REQUESTED ACTION INSTALL OVERHEAD BOOMIMAST ARM SIGNALS 4 LOCATIONS 6 DESCRIPTION OF PROBLEM CITY IS ON A BARRIER ISLAND, CURRENT SIGNALS ARE SUBJECT TO SEVERE WIND DAMAGE 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions IDENTIFIED WITHIN THE SR AIA TRANSPORTATION ALTERNATIVES STUDY b If No what type of study may be needed to better define the problem and/or solution(s) UPGRADE TO NEW STANDARD 8 RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION NIA 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES OF THIS PROJECT, WILL HELP TO KEEP TRAFFIC FLOWING AFTER A STORM EVENT ----------------------•------------------------------■---------------- 1 CATEGORY (check one) ❑HIGHWAY ETRAFFIC OPS ❑MULTIMODAL ❑OTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICTIONS PRIORITY WITHIN THE CATEGORY 4 4 PROJECT LOCATION SR AIA 5 REQUESTEDACTION STREET LIGHTING PLAN AND IMPLEMENTATION B DESCRIPTION OF PROBLEM STREET LIGHTING ON SR AIA IS DEFICIENT 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions IDENTIFIED WITHIN THE SR Al TRANSPORTATION ALTERNATIVES STUDY b If No what type of study maybe needed to better define the problem and/or solution(s) NIA 8 RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION NIA 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES PROJECT WILL PROVIDE SAFETY FOR VEHICULAR TRAFFIC AND PEDESTRIANS REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1 CATEGORY (check one) [-]HIGHWAY ®TRAFFIC OPS ❑MULTIMODAL []OTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICTIONS PRIORITY WITHIN THE CATEGORY 5 4 PROJECT LOCATION SR A1A 5 REQUESTED ACTION SYNCHRONIZE TRAFFIC LIGHTS 6 DESCRIPTION OF PROBLEM CURRENT SIGNALIZAT[ON INTERRUPTS TRAFFIC FLOW 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions IDENTIFIED WITHIN THE SR AIA TRANSPORTATION ALTERNATIVES STUDY b If No what type of study maybe needed to better define the problem and/or solution(s) NIA 8 RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION NIA 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES 1 CATEGORY (check one) ❑HIGHWAY [-]TRAFFIC OPS ❑MULTIMODAL ®OTHER 2 SUBftTTING JURISDICTION 3 J URI S D ICTIOjq'S-PRIORITY WITHIN THE CATEGORY 4 PROJECT LOCATION 5 REQUESTED ACTION CONMUCT P50WAY 6 DESCRIPTION OF PROBLEM PEDESTRIANS 7 PREVIOUS STUDY ORZeVAATIONCDMPLETED a I%sgLivestudy type date author and conclusions PROJECT IDENTIFIED WITHINR A1A TRANSPORTATRNATIVES STUDY b If No wha;MPLOEfTED p study may be needed to better define the pro m and/or solution(s) N/A 8 RECENTLY PLANNED OR PROGRAMMED PROJECTS THAT MAY AFF REQUESTED ACTION PEDWAYS INSTALLED 9 SLAMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1 CATEGORY (check one) ❑HIGHWAY ❑TRAFFIC OPS ❑MULTIMODAL ®OTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICTION S PRIORITY WITHIN THE CATEGORY 7 4 PROJECT LOCATION SR A1A 5 REQUESTED ACTION DESIGN AND CONSTRUCT AN URBAN ROADWAY PROFILE FOR SR A1A 6 DESCRIPTION OF PROBLEM INSTALLATION OF AN URBAN ROADWAY WILL PROVIDE SAFETY FOR VEHICLES AS WELL AS PEDESTRIANS 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions RECOMMENDED WITHIN THE SR Al TRANSPORTATION ALTERNATIVES STUDY b If No what type of study may be needed to better define the problem and/or solution(s) NIA 8 RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION NIA 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES -------------------------------------------------------------------- 1 CATEGORY (check one) ❑HIGHWAY ❑TRAFFIC OPS ❑MULTIMODAL ❑OTHER 2 SUBMITTING JURISDICTION 3 JURISDICTION S PRIORITY WITHIN THE CATEGORY 4 PROJECT LOCATION 5 REQUESTED ACTION 6 DESCRIPTION OF PROBLEM 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions b If No what type of study may be needed to better define the problem and/or solution(s) 8 RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING 1 CATEGORY (check one) ❑HIGHWAY ®TRAFFIC OPS ❑MULTIMODAL ❑OTHER 2 SUBMITTING JURISDICTION CITY OF CAPE CANAVERAL 3 JURISDICT$ON S PRIORITY WITHIN THE CATEGORY S 4 PROJECT LOCATION SR A1A AND COLUMBIA DRIVE 5 REQUESTED ACTION CONSTRUCT A PEDESTRIAN OVERPASS 6 DESCRIPTION OF PROBLEM THERE PRESENTLY IS NO SAFE WAY TO CROSS SR A1A AT THIS INTERSECTION 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions NIA b If No what type of study may be needed to better define the problem and/or solution(s) WARRENT STUDY S RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION CANAVERAL PORT AUTHORITY INTERCHANGE INCREASE TRAFFIC VOLUME 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE CITY COUNCIL APPROVES -------------------------------------------------------------------- 1 CATEGORY (check one) ❑HIGHWAY ❑TRAFFIC OPS ❑MULTIMODAL ❑OTHER 2 SUBMITTING ,JURISDICTION 3 JURISDICTION S PRIORITY WITHIN THE CATEGORY 4 PROJECT LOCATION 5 REQUESTED ACTION 6 DESCRIPTION OF PROBLEM 7 PREVIOUS STUDY OR EVALUATION COMPLETED a If Yes give study type date author and conclusions b If No what type of study may be needed to better define the problem and/or solution(s) S RECENTLY COMPLETED PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION 9 SUMMARIZE PUBLIC COMMENT RECEIVED TO DATE Meeting Type Regular Meeting Date 04 16 02 AGENDA H admg Discussion It m 18 N City Ma r ffice AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION RESERVE FUND POLICY DEPT /DIVISION LEGISLATIVE Requested Action City Council review and update the City s Reserve Fund Pohcy Summary Explanation & Background This year $319 209 is available to be designated to a general fund project or program. Exhibits Attached Draft Reserve Fund Policy and Supporting Documents City Ma r ffice Department LEGISLATIVE I" serve doe GENERALFUND FUND BALANCE POLICY FOR FISCAL YEAR 2001 02 Com"UtWIMIN ACCOUNT PROJECTED BALANCE TIMETABLE MAINTAIN UP TO $2,000 000 FOR FINANCIAL $ 1 099 647 ESCROW EMERGENCIES AMENDED BUDGET FY 2001 02 APPROPRIATED FUND BALANCE 243 231 01102 ESCROWED FUNDS CITY HALL REMODELING 9 600 *ESCROW RECYCLED PRODUCT FUNDS (USE TO BE DETERMINED) 363-)8 *ESCROW STREET RESURFACING 324 995 *ESCROW TOTAL PRIOR ALLOCATION FOR PROJECTS/EQUIPMENT 614,164 TOTAL ALLOCATION FOR FINANCIAL EMERGENCIES- 1,099,647 AVAILABLE UNRESERVED RESOURCES 319,2.09 * Expenditures not currently budgeted ** Emergency Funds to be increased until they cover a 6 month period This would be approximately $2 000 000 Reconciled to unreserved undesignated fund balance per 2000101 CAFR of $2 033 020 PICITY TRESIPOLICY XLS CAPITAL EXPANSION FUNDS APRIL 2002 TOTAL CURRENT ASSETS BALANCE ASSETS BUDGETED AVAILABLE POLICE 46 345 20 300 26 045 FIRE 15 050 15 050 PARKS & RECREATION 88 910 56,500 32 410 LIBRARY 77 709 77 709 GENERAL GOVERNMENT 121 260 5 000 116 260 CITY OF CAPE CANAVERAL 2002 03 FISCAL YEAR BUDGET DETAILED FIVE YEAR CAPITAL PURCHASES SHERIFF S DEPARTMENT REPLACEMENT VEHICLES (G) 41 000 41 000 20 500 41 000 (3) A R RIFLES (G) (1) (2) (3) (4) (5) DEPARTMENT/PROJECT FY 01102 FY 02103 FY 03104 FY 04105 FY 05106 ADMINISTRATION 10 060 10 060 COMPUTERS (G) 6 400 6 500 TECHNOLOGY ADVANCEMENT (I G M N) 37 825 10 000 10 000 10 000 10 000 FORD TAURUS SEDAN 15 000 11 400 4 500 4 500 4 500 COPIER (I G N) 3 000 3 000 13 000 ALL TERRAIN VEHICLE (G 1) FINANCE SOFTWARE (I G N) 3 000 55 000 1 500 1 500 COMPUTER NETWORK IMAGING SYS (I G M N) 16 060 TOTAL SHERIFF S DEPARTMENT REQUESTS 97 800 95 835 TOTAL ADMINISTRATION DEPARTMENT REQUESTS 34 060 65 000 11 500 24 500 10 000 SHERIFF S DEPARTMENT REPLACEMENT VEHICLES (G) 41 000 41 000 20 500 41 000 (3) A R RIFLES (G) 2 250 FORD EXPLORER (G) 24 000 25 000 25 000 15 000 VEHICLE EQUIPMENT (G) 12 750 15 090 10 060 10 060 COMPUTERS (G) 6 400 6 500 3 600 37 825 MOBILE DATA TERMINALS (G O) 37 825 7 245 7 245 7 245 IN CAR VIDEO CAMERAS (G O) 11 400 4 500 4 500 4 500 RADAR UNITS (G) 3 000 3 000 3 000 ALL TERRAIN VEHICLE (G 1) 6 100 (1) REPLACEMENT COPY MACHINE (G 1) 10 000 TOTAL SHERIFF S DEPARTMENT REQUESTS 97 800 95 835 83 905 71 905 FIRE DEPARTMENT ALS/EMS EQUIPMENT (G 1) 15 000 FIRE FIGHTING EQUIPMENT (1) 22 000 23 000 24 000 25 000 26 000 SEADOO BOAT REPLACEMENT 12 500 112 STAFF REPLACEMENT VEHICLES (G 1) 12 500 12 500 12 500 112 NEW PUMPER 200 000 800 MHz RADIO REPLACEMENT (G 1) 15 000 15 000 15 000 15 000 COMPUTER EQUIPMENT (G 1) 2 500 3 500 4 500 5 500 6 500 LADDER TRUCK (G D) 37 825 37 825 37 825 37 825 37 824 TOTAL FIRE DEPARTMENT REQUESTS 89 825 91 825 93 825 95 825 270 324 BUILDING DEPARTMENT DODGE DAKOTA EXTENDED CAB 4 WHEEL DRIVE TO REPLACE THE 1992 OLDS SEDAN (G 1) 19 000 BUILDING PERMIT SOFTWARE (G 1) 3 000 OFFICE FURNITURE (G 1) 2000 REPLACEMENT COMPUTERS (G 1) 3 000 6 000 COPIER (G 1) 10 000 TOTAL BUILDING DEPARTMENT REQUESTS 22 000 2000 3 000 10 000 6 000 79 CITY OF CAPE CANAVERAL 2002 03 FISCAL YEAR BUDGET DETAILED FIVE YEAR CAPITAL PURCHASES (1) (2) (3) (4) (5) DEPARTMENT/PROJECT FY 01102 FY 02103 FY 03104 FY 04105 FY 05106 CODE ENFORCEMENT LAP TOPCOMPUTER (REPLACEMENT) (G 1) 2 500 3 000 TRUCK (G 1) 20 000 CAMERA (G 1) 500 COPIER (G 1) 4 000 CODE ENFORCEMENT SOFTWARE (G 1) 3 000 TOTAL CODE ENFORCEMENT REQUESTS 5 500 20 000 500 4 000 3 000 STREET DEPARTMENT HEAVY DUTY PICK UP TRUCK (G 1) 18 000 18 000 18 000 PEDWAY BRIDGE (M) 40 000 REPAINT/PAPER RECREATION ADMIN BUILDING (1) 2 800 RADIAL ARM SAW (G) 700 9 000 RADIO SYSTEM (G 1) 3 485 MANATEE PARK DEVELOPMENT (E G M R) SIDEWALK CONSTRUCTION PROGRAM (G 1) 18 000 18 000 18 000 18 000 18 000 FLAT BED DUMP TRUCK (G 1) PARK LAND ACQUISITION NE SECTOR (R M G) 40 000 105 000 EQUIPMENT STORAGE BUILDING (G 1) 250 000 BANANA RIVER PARK PARKING (R G M) TRACTOR REPLACEMENT (C G 1) 5 000 UPGRADE (2) RACQUETBALL COURTS (G) 33 000 TOTAL STREET DEPARTMENT REQUESTS 80185 308 000 69 000 36 000 18 000 PARKS & RECREATION YOUTH CENTER RENOVATION (1) 1 900 REPAINT/PAPER RECREATION ADMIN BUILDING (1) 2 800 REPAINT INTERIOR OF RACQUETBALL COURTS (I G) 9 000 RESURFACE SHUFFLEBOARD COURTS (I G) 7 000 MANATEE PARK DEVELOPMENT (E G M R) 163 500 MANATEE PARK LANDSCAPEING (E) PARK LAND ACQUISITION NE SECTOR (R M G) 105 000 PARK DEVELOPMENT NORTHEAST SECTOR (R M G) 50 000 BANANA RIVER PARK PARKING (R G M) 5 000 UPGRADE (2) RACQUETBALL COURTS (G) 50 000 BANANA RIVER PARK (G) 8 500 YOUTH CENTER GYMNASIUM (RG M) 200 000 TOTAL RECREATION DEPARTMENT REQUESTS 192 700 160 000 200 000 50 000 THESE PROJECTS ARE SCHEDULED TO BE DONE AS FUNDING BECOMES AVAILABLE :11 CITY OF CAPE CANAVERAL 2002 03 FISCAL YEAR BUDGET DETAILED FIVE YEAR CAPITAL PURCHASES (1) (2) (3) (4) (5) DEPARTMENTIPROJECT FY 04102 FY 02103 FY 03104 FY 04105 FY 05106 POSSIBLE FUND SOURCE CODES A = GENERAL OBLIGATION BONDS B = REVENUE BONDS C = LOCAL OPTION GAS TAX D = CAPITAL FINANCING E = BENNIX RESERVES G = GENERAL FUND RESERVES H = AD VALOREM TAX = GENERAL FUND OPERATING REVENUE J = BEAUTIFICATION FUND RESERVES K = SEWER FUND RESERVES L = STATE REVOLVING LOAN M = GRANT FUNDS N = CAPITAL EXPANSION IMPACT FEES GENERAL GOVT O = CAPITAL EXPANSION IMPACT FEES POLICE P = CAPITAL EXPANSION IMPACT FEES FIRE Q = CAPITAL EXPANSION IMPACT FEES LIBRARY R = CAPITAL EXPANSION IMPACT FEES PARKS & REC S = FUNDED BY BREVARD COUNTY 81 CITY OF CAPE CANAVERAL 2002 03 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND FIVE YEAR PLAN W, MAN , n. l' Reclaimed Water Services Phase II 70 000 Reclaimed Water Services Phase HL 600 000 New CL2 System 200 000 Sewer Lines/Manholes Rehab 200 000 200 000 200 000 200 000 200 000 Maintenance Bldg New 85 x 30 Block 225 000 Admin Bldg Expansion 75 000 Lift Station #1 Force Main Engineering 20 000 Lift Station #1 Forcemain Rehab 200 000 Plant Performance Study 25 000 Redo/Fit Sandfilters 120 000 Vehicle Replacements 28 000 25 000 21 000 Backhoe Replacement 40 000 Emergency Generator 60kw 25 000 6 Replacement Pump 18 500 Autoclave 7 000 Refrigerator Lab 5 000 Reuse System Hyd Model Study 10 000 Lift Station #5 Study 15 000 Radio System / WWTP 3 500 Sewer Ext Engineering / Const 15 000 150 000 250 000 Pressure Washer 2 400 Lab Conductivity Meter 1 000 Hurricane Shutters 6 000 Plant Improvements Valve Actuators for reclaimed water 5200 Auto DO Meter 2 300 Valve Turning System 4 800 Lightning Protection 5 300 Computer Upgrade for Plant 8 000 $925500 $721500 $465000 $600000 $471 000 Meeting Type Regular Meeting Date 04 16 02 AGENDA Had g Discussion It m 19 N Please advise AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION ADDITIONAL NOTICE REQUIREMENTS FOR ZONING AMENDMENTS DEPT /DIVISION LEGISLATIVE Requested Action City Council requested a discussion item on this issue Summary Explanation & Background This code section is part of the land development code and proposed amendments should be forwarded to the Planning & Zoning Board for review and recommendation to City Council The city attorney has submitted a draft amendment Please advise Exhibits Attached City Attorney s memo of 04 08 02 City M ge s Office Department LEGISLATIVE ape doc men laden ed ng12002104 16-02lwntng doe Apr 09 02 09 09a Amari & Theri.ac 3216399950 p 2 MEMORANDUM TO BENNETT BOUCHER, CITY MANAGER CITY OF CAPE CANAVERAL FROM MARK MCQUAGGE, ATTORNEY DATE APRIL 8, 2002 RE SECTION 110 137 PROCEDURE Proposed draft Section 110 137 Procedure (a) Any amendment to tins chapter may be proposed by (1) The City Council (2) The planting and zoning board (3) Any department or agency of the City (4) Any person or entities (b) All proposed amendments shall be submitted to the planning and zoning board (iii its capacity as both the planning and zoning board an the local planning agency) for study and recommendation The planning and zoning board shall study such proposals to determine (1) The need and justification for change (2) The relationship of the proposed amendment to the purpose of the city s plan for development with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan (c) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommendation (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in section 166 041 Florida Statutes as amended and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of chapters 163 and 166 Florida Statutes (e) Any proposal for a zoning amendment by any individual corporation or agency pursuant to this section shall be by application, which shall contain the following information Apr 09 02 09 09a Amari d Theriec 3218399950 p 3 (1) The name of the owner of the particular real property (2) If the applicant is other than all the owners of the particular property written consent signed by all owners of the particular real property shall be attached (3) The legal description fo the particular real property accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property (4) The current land use zoning classification or special exception with any specified conditions as recorded on the official zoning map (5) The requested land use zoning classification or special exception classification that constitute an amendment to the official zoning map (6) Names and addresses of all property owners ( Affected Property Owners _ owning property which hes within a radius of five hundred (500) feet of a boundary of the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected statutes >View Statutes >2001 >Ch0166 >Sectlon 041 Online Sunshine Online Sunshine V ew Stat to Select Year Zflal forr Welcome ; Session Commlittees , Leg,slalors I Cener° 5 ate. ca') La Page 1 of KIMMM p llLobyist ifobmahon 5 F a GO The 2001 Florida Statutes Title XII Chapter 166 View Entire Chapter Mun c palities Municipalities 1166 041 procedures for adoption of ordinances and resolutions (1) As used in th s section the following words and terms shall have the following meanings unless some other mean ng is plainly nd cated (a) Ord nance means an official legislative action of a governing body which act on is a regulation of a general and permanent nature and enforceable as a local law (b) Resolution means an expression of a governing body concerning matters of administration an expression of a temporary character or a p ovision for the dispos tion of a particular item of the adm n strative bus ness of the governing body (2) Each o d nance o esolut on shall be ntroduced n wr ting and shall embrace but one subject and matters p operly connected therewith The subject shall be clearly stated in the title No ordinance shall be revised or amended by reference to is title only Ordinances to re ise or amend shall set out n full the revised or amended act or section or subsect on or paragraph of a section or subsection (3)(a) Except as p ovrded n parag aph (c) a proposed ord nance may be read by t tie or in full on at least 2 sepa ate days and shall at least 10 days prior to adoption be noticed once in a newspaper of general c rculation in the m n cipality The notice of proposed enactment shall state the date time and place of the meet ng the title or titles of proposed ordinances and the place or places with n the mun c pality whe a such proposed o d nances may be inspected by the public The notice shall also advise that interested parties may appear at the meeting and be hea d w th respect to the proposed ordinance G (b) The go ernmg body of a municipality may by a two thirds vote enact an eme gency ord nance without complying l P with the requirements of paragraph (a) of this subsection However no emergency ordinance or resolution shall be enacted y which establishes or amends the actual zoning map designation of a parcel or parcels of land or that changes the actual list of pe matted conditional or proh b ted uses w thin a zoning category Emergency enactment procedures for land use plans 5� adopted pursuant to part II of chapter 163 shall be pursuant to that part z(c) Ordinances in t ated by other than the mun c pality that change the actual zoning ma des nation of a parcel o " parcels o an shall a enactedpursuant to paragraph (a) O dinances that change the actual I st of perm tied cond t onal or proh bited uses w th n a zo ng category or ord nances nitrated by the municipal ty that change the actual zoning map designat on of a parcel or parcels of land shall be enacted pursuant to the following procedure 1 In cases in which the proposed ordinance changes the actual zoning map designation fo a parcel or parcels of land nvolving less than 10 cant guous acres the governing body shall d ect the Berk of the governing body to not fy by ma I each real property owner whose land the mun c pal ty will edes gnate by enactment of the ordina cc and whose address s known by reference to the latest ad valo em tax records The not cc shall state the substance of the proposed o d nance as t affects that p operty owner and shall set a time and place fo one or more public hearings on such ordinance Such not cc shall be gi en at least 30 days prior to the date set for the pub3 c hearing and a copy of the notice shall be kept ava ]able for public nspect on during the regular bus ness hours of the office of the cle k of the governing body The govern ng body shall hold a public hearing on the p oposed o d nance and may upon the conclusion of the hearing immed ately adopt the ordinance 2 In cases n which the proposed ord nance changes the actual list of perm tted cond t anal or proh bated uses within a zon ng category or changes the actual zon ng map designation of a parcel or parcels of land involving 10 contiguous acres or mo a the go ermng body shall prov de for publ c not cc and hearings as follows a The local gove n ng body shall hold two ad ert sed publ c hear ngs on the proposed ord nance At least one hea ng shall be held after 5 p m on a weekday unless the local go e n ng body by a mayor ty pl s one ote elects to conduct that hear ng at another time of day The frst publ c hear ng shall be held at least 7 days after the day that the frst ad ertisement s published The second hea ng shall be held at least 10 days afte the first hea ng and shall be ad ert sed at least 5 days p or to the public hearing http //www leg state fl us/statutes/Index cfm9App_mode=Display_Statute&Search_String 03/15/2002 statutes >Vlew Statutes >2001 >Ch0166 >Section 041 Online Sunshine Page 2 o£3 b The required ad ertisements shall be no less than 2 columns w de by 10 riches long in a standa d s ze or a tabloid s ze newspaper and the headline in the advert sement shall be n a type no smaller than 18 point The advertisement shall not be placed in that port on of the newspaper where legal notices and classified advertisements appear The ad ertisement shall be placed n a newspaper of general pa d circulation n the mun c pal ty and of generat interest and readersh p n the mun c pal ty not one of I m ked subject matter pursua t to chapter 50 It is the leg slat ve intent that wheneve poss ble the advertisement appear n a newspaper that s published at least 5 days a week unless the only newspaper in the mun c pality is published less than 5 days a week The advertisement shall be n substant ally the following form NOTICE OF (TYPE OF) CHANGE The Larne of local governmental uriit)� proposes to adopt the following o d nance (title of the ordinance) A publ c hearing on the ord nance w 11 be held on (date and time) at (meeting place) Except for amendments which change the actual list of permitted cond tional or prohibited uses within a zon ng category the advertisement shall conta n a geographic locat on map wh ch clearly ind cates the area cove ed by the proposed ord nance The map shall include major street names as a means of identification of the general a ea c In I eu of publishing the advertisement set out n th s paragraph the mumc pality may mail a not ce to each person owning real property within the area covered by the ordinance Such not ce shall clearly explain the proposed ordinance and shall notify the person of the time place and location of any publ c hearing on the proposed ordinance (4) A majority of the members of the go e n ng body shall constitute a q orurn An afftrmat ve vote of a majority of a quorum present s necessary to enact any ordinance or adopt any resolution except that two thirds of the membership of the board is required to enact an emergency ordinance On final passage the vote of each member of the governing body voting shall be entered on the offc al reco d of the meeting All ordinances or resolutions passed by the go erning body shall become effective 10 days after passage or as otherwise provided therein (5) Every ord nance o resolution shall upon its final passage be recorded in a book kept for that purpose and shall be s gned by the pres ding off cer and the clerk of the governing body (6) The procedure as set forth here n shall constitute a un form method for the adopt on and enactment of municipal ordinances and resolut ons and shall be taken as cumulative to othe methods now provided by law fo adopt on and enactment of municipal ordinances and resolut ons By future ordinance or charter amendment a mun c pal ty may spec fy additional requirements for the adopt on or enactment of ord nances or esolutions or presc ibe procedures n greater deta I than contained herein Howe er a mun crpality shall not have the power or authority to lessen or reduce the requirements of this section or other requirements as pro ded by general law (7) F ve years after the adopt on of any ordinance or resolut on adopted after the effective date of this act no cause of act on shall be commenced as to the validity of an ordinance or resolution based on the failure to strictly adhere to the Prov s ons contained in this sect on After 5 years substantial comp) ante with the provis ons conta ned n this sect on shall be a defense to an action to invalidate an ord nance or resolution for fa lure to comply with the provis ons contained n th s section W thout I mitation the common law doctnnes of laches and wa er are al d defenses to any action challeng ng the val d ty of an ordinance or resolution based on failure to str ctly adhere to the pro sons conta ned in this section Stand ng to n t ate a challenge to the adopt on of an ordinance or resolut on based on a failu a to str ctly adhere to the provisions contained n th s section shall be I mated to a person who was entitled to actual or constructive not ce at the time the ordinance or resolut on was adopted Nothing herein shall be construed to affect the standing requirements under part II of chapter 163 (8) The notice procedures requ red by th s section are established as minimum notice procedures History s 1 ch 73 129 s 2 ch 76 155 s 2 ch 77 331 s 1 ch 83 240 s 1 ch 83 301 s 2 ch 95 198 s 5 ch 95 310 'Note Sect on 3 ch 95 310 pro des that [i]f any ordinance or esolution was adopted prior to [June 15 19951 and the appropriate subsect on of s 166 041 Florida Statutes was not followed but the munic pality followed the procedure of subsect on (2) or subsect on (3) of s i66 041 Florida Statutes as they existed at the time of the adoption of such ordinance or resolut on the procedu es used for such o d nance or resolut on a e hereby validated and rat fed Th s sect a does not apply to any lawsuit pending on [June 15 1995] 7Note As amended by s 5 ch 95 310 This ve s on is publ shed as the last expression of Iegislat e w EI (see Journal of the Senate 1995 p 1061 and Jo rna$ of the House of Rep esentat ves 1995 p 1129) Pa agraph (3)(c) was also amended by s 2 ch 95 198 and that vers on reads (c) Ordinances nitrated by the governing body or is designee which rezone specifc parcels of pr vate eal property o wh ch substantially change permitted use categor es n zoning distr cts shall be enacted pursuant to the follow ng procedure http //www leg state fl us/statutes/index cfm?App_mode=Dlsplay_Statute&Search—String 03/1--)/2002 statutes >View Statutes >2001 >Ch0166 >Section 041 Online Sunshine Page 3 of a I In cases in which the proposed rezoning or change in permitted use involves less than 5 percent of the total land a ea of the mun c pal ty the governing body shall d rect the clerk of the go ern ng body to not fy by mail each real property owner whose Land the municipality w It rezone or whose land w 1€ be affected by the change in permitted use by enactment of the ordinance and whose address is known by reference to the latest ad valorem tax records The notice shall state the substance of the proposed ordinance as it affects that property owner and shall set a t me and place fo one or more public hea ngs on such o dinance Such not ce shall be g en at least 30 days p o to the date set for the publ c hearing and a copy of the notice shall be kept ava table for public nspection during the regular business hours of the office of the clerk of the governing body The govern ng body shall hold a public hear ng on the proposed ordinance and may upon the conclusion of the hearing mmediately adopt the ordinance 2 In cases wh ch the proposed ord nance deals w th more than 5 percent of the total land a ea of the mun c pal ty the governing body shall pro de for publ c notice and hear ngs as follows a The local govern ng body shall hold two advertised public hear ngs on the proposed ord nance Both hearings shall be held after 5 p m on a weekday unless the local govern ng body by a mayor ty plus one vote elects to conduct one or both of these hearings at another time of day The first pubi c hearing shall be held app o mately 7 days after the day that the first advertisement s published The second hearing shall be held approximately 2 weeks after the frst hearing and shall be advertised approximately 5 days prior to the public hear ng The day time and place at wh ch the second public hearing will be held shall be announced at the first public hearing b The required advert sements shall be no less than one quarter page in a standard size or a tabloid s ze newspaper and the headl ne in the advert sement shall be in a type no smaller than IS point The advertisement shall not be placed n that portion of the newspaper where legal not ces and classified advertisements appear The advertisement shall be published n a newspaper of general paid circulation in the munic pality and of general interest and readership n the commun ty not one of limited subject matter pursuant to chapter 50 It is the leg slative intent that whenever poss ble the ad ert sement appear in a newspaper that s publ shed at least 5 days a week unless the only newspaper n the commun ty is published less than 5 days a week The advert sement shall be In the following form NOTICE OF ZONING (PERMITTED USE) CHANGE The (name of local governmental unittL proposes to rezone (cha ge the perm tted use of) the #and with n the area shown in the map in this advertisement A public hearing on the rezoning will be held on -Cdate and time at Cmeetinp place The ad ertisement shall also conta n a geographic locat on map wh ch clearly €nd cates the area covered by the proposed ordinance The map shall nclude major street names as a means of dentification of th- area c In lieu of publish ng the advertisement set out n this paragraph the mun cipality may mail a not ce to each person owning real property within the area covered by the ord nance Such notice shall clearly explain the proposed ord nance and shall notify the pe son of the t me place and locat on of both public hear ngs on the proposed ord nance Welcome Session Committees Leo stators Information Center Statutes and Constit tion Lobbyist Information D cia m Th f m t th y t m If d Th j I p t d b II f th p ct chamb h Id b It d f ff I P p C py ght 02000 2002 St t f FI d Co t ct PP a http //www leg state fl us/statutes/index cfm9App_mode=Display_Statute&Search_String 03/1-)/2002