HomeMy WebLinkAboutAgenda Packet 01-05-1999City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue Cape Canaveral, Florida
TUESDAY
January 5, 1999
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATION: Joy Salamone, Acknowledgement for Council Member past appointment
Recognition of 1998 Reindeer Run Sponsors/Presentation of Reindeer Run
Check to United Way of Brevard County
Item carried forward from December 15, 1998 meeting
ORDINANCE— SECOND READING CONTINUATION:
Motion to continue discussion for approval of Ordinance No. I8-98, Comprehensive
Plan to the January S, 1999 meeting was made by Mr. Hernandez and seconded by Mr.
Bruns. The motion carried 5-0.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,
RELATED TO COMPREHENSIVE PLANNING,SETTING FORTH A COMPREHENSIVE PLAN
AMENDMENT REFERENCED AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION
163.3184(15)(c),WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED
EVALUATION AND APPRAISAL REPORT;PROVIDING FOR AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT;PROVIDING FOR TRANSMITTAL OF THE
PLAN AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS;PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;PROVIDING FOR
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
CONSIDERATIONS:
1. Motion to Approve: Regular Meeting Minutes of December 1, 1998
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 9 FAX (407) 799-3170 9 http://fcn.state.H.us/cape/
\\cape-nt\common documents\1-5-99. agenda.doc
City Council Regular Meeting Agenda
January 5, 1999
Page 2
2. Motion to Approve: Data Flow Systems Sole Source Purchase of Additional RTU's
3. Motion to Approve: Approval of Brevard County Ditch Cleaning Service
DISCUSSION:
4. Tower Boulevard
REPORTS:
5. City Manager's Report
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 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.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015,Florida Statutes,the City hereby advises the public that: If a person decides to appeal any
decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of
the proceedings,and for such purpose that person 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.
\\Cape-nt\Common Documents\1-5-99 agenda.doc
Meeting Type: Regular
Meeting Date: 01-05-99
AGENDA
Heading
Ordinances—2nd Reading
Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 18-98, ADOPTION OF THE EAR BASED GOALS, OBJECTIVES AND
POLIIES OF THE COMPREHENSIVE PLAN
DEPT./DIVISION: LPA/GROWTH MANAGEMENT
Requested Action:
That the City Council adopt Ordinance No. 18-98 and authorize its transmittal to the Department of Community
Affairs.
Summary Explanation & Background:
The City Council asked for an opinion on how the proposed amendments will affect property owners and
conflict Attorney Karl Bohne issued the attached opinion.
This ordinance adopts the goals, policies and objectives of the EAR based comprehensive plan documents.
City Planner Todd Peetz and Attorney Karl Bohne will be in attendance to answer any questions you may have.
I recommend approval, with any revisions.
Exhibits Attached:
Ordinance No. 18-98/Bohne opinion -Please bring your comp plan binder
City Manager-'s Office
(Signature)
Department LPA/GROWTH MGMT
g:/admin/council/meeting/1999/01-05-99/18-98.doc
Dec-29-98 05 :34P Barlow & Bohne 1 P .02
980072- 230
DISTRIBUTION
Mayor X
City Council X
City Mgr. X
City Atty.
Pub.Works Dir.
Building Off. X
Finance Dir.
BARLOW & BOHNE
Attorneys and Counsellors at Law
A Partnership Including Professional Associations I Melbourne
T.Mitchell Bnriow,Y.A.
Karl W.Bohm,Jr..P.A.
Melbourne
780 S. Apollo Blvd.
Suite 107
Melbourne, Florida 32901
Telephone: (407) 723-5121
Facsimile: (407) 984-5426
December 29, 1998
Bennett C. Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
Re: Future Land Use Map Amendments
Dear Mr. Boucher:
Recently you had informed me that the City is proposing to amend its comprehensive
plan and the future land use map to re-designate a 15 acre, undeveloped commercial parcel
to high density residential use (R-3), with a maximum density of 15 units per acre. The
existing zoning map denotes this 15 acre undeveloped parcel as commercial. Additionally,
you have informed me that there is existing developed land which will be part of the
comprehensive plan amendment. The City is proposing to amend the future land use rnap
of a developed industrial parcel (M-1) to high density residential (R-3).
With respect to the future land use map amendment and comprehensive plan
amendment, you have asked me to give an opinion on the following matters:
A. Will the proposed amendments allow the existing industrial use to continue and
will the proposed amendments allow the existing industrial use to expand;
B. What will the effect of the comprehensive plan arnendment/future land use map
amendment have on the property owners who want to develop the undeveloped 15 acre
parcel after the amendment;
C. Whether or not there is a "taking" when the City amends its future land use
map and comprehensive plan as referenced above;
Dec-29-98 05 : 34P Barlow & Bohne 1 P .03
D. Whether there is compensation due a land owner under the "Bert J. Harris, Jr.,
Private Property Rights Protection Act" when the City amends its future land use map and
comprehensive plan.
In analyzing these issues, i assumed that the procedural requirements for amending the
comprehensive plan and future land use amendments have been complied with by the City.
I have not been asked to give an opinion concerning the procedural requirements for such
amendments.
In preparing my opinion, it became necessary to review the City's existing zoning
map and proposed future land use map as well as the City's comprehensive plan. I also
researched the law of eminent domain and inverse condemnation as it relates to the City's
proposed action. I also reviewed Chapter 70 of the Florida Statutes known as the "Bert J.
Harris, Jr., Private Property Rights Protection Act" (the Act).
I. Will the nronosed amendments allow the existing industrial use to
continue? (adding to the Code) The proposed amendments as they relate to the existing developed land, will
allow that industrial use to continue. The effect of the amendments on the existing
developed land will create a non-conforming; land use situation. Under general principles
of law dealing with non-conforming the uses of land, the landowner will not be permitted
to cause the use of the land to expand.
II. What effect will the amendments have on the property owners who want
to develop the 15 acre undeveloped parcel for commercial use? (adding to the Code) The effect of the
amendments on the 15 acre undeveloped parcel will prohibit its development for commercial
use. Unless there was some activity by the property owner to secure a vested right in the
commercial use designation or there was some action by the City which amounted to an
equitable estoppel, the owner does not have an absolute right to the commercial land use
designation, The land owner would not be prohibited from requesting an amendment in the
future to permit the commercial use.
III. Whether or not the amendments would amount to a "taking" that is
defined by the United States Constitution and Florida Constitution. (adding to the Code) The issue in a
"takings" case such as this would be whether the land owner's property had been taken by
inverse condemnation solely as a result of the change in the designation of the property from
commercial to high density residential. The inquiry is whether the land owner has been
deprived of all or substantially all economic, beneficial or productive use of the property.
If the new land use leaves open the possibility of reasonable uses, a facial
challenge will be unsuccessful. Here, as applied to the undeveloped parcel, the facial
taking's challenge would fail because the amendments do not unequivocally deprive the
owner of all or substantially all economic, beneficial or productive use of the affected
Dec-29-98 05:34P Barlow & Bohne 1 P .04
property. The land owner would still have the right to develop the property as high-density
residential. Furthermore, the amendments would not amount to a taking for the developed
industrial property. That land owner would still [lave the right to use the property under the
industrial designation, however, the use of the property would be considered a non-
conforming use. In either case the land owner would retain a beneficial use of the property.
IV. Whether or not the amendments would constitute a violation of the "Bert
J. Harris, Jr., Private Property Rights Protection Act". (adding to the Code). The Act recognizes a separate
and distinct cause of action for land owners separate and apart from the law of takings. The
Act is found at Chapter 70 of the Florida Statutes.
The Act states that when a specific action of a governmental entity has
inordinately burdened an existing use of real property, or a vested right to a specific use of
real property, the property owner of that real property is entitled to relief. The Act
apparently creates a broader right than the laws of takings.
With respect to the undeveloped parcel, the amendments would not
inordinately burden an existing use of real property. Based on the information provided to
me, there is no existing use of real property for the vacant parcel. Furthermore, based on the
information provided to me, there would be no inordinate burden on a vested right to a
specific use of real property for the undeveloped parcel. The only way that there could be
a cause of action for an undeveloped parcel would be that a vested right exists for the
commercial designation. That would mean by applying principles of equitable estoppel, or
substantive due process, or by applying certain statutory law of the state, the landowner had
a vested right in the commercial use. I have not been given any information which would
show that a vested right exists for the undeveloped parcel.
With respect to the developed parcel, I do not believe there is a violation of the
Act. The proper inquiry would be whether or not the action of the City had inordinately
burdened an existing use of real property. In this matter, inordinately burdened would mean
that the action of a governmental entity has directly restricted or limited the use of the real
property such that the property owner is permanently unable to attain the reasonable,
investment backed expectation for the existing use of the real property. In this instance, the
developed parcel will still be able to be used as an industrial piece, however, as a non-
conforming use. As long as the owner does not expand the non-conformity or abandon the
non-conformity, he will be able to continue under the industrial use designation.
In conclusion, I am of the opinion based on the information provided to me,
that the proposed amendments would not constitute a taking nor a violation of the "Bert J.
Harris, Jr., Private Property Rights Protection Act." Furthermore, the proposed amendments
would allow the existing developed industrial parcel to continue as a non-conforming use,
however, no expansion of that use would be permitted. As to the 15 acre undeveloped
Dec-29-98 O5 : 34P Barlow & Bohne 1 P .05
commercial parcel, they would not have any vested right to develop the parcel as a
commercial parcel once the amendments take effect. The owner would have to abide by the
land use designation after the amendments. I would recommend that there be a City
instituted rezoning of the properties affected by these amendments. The rezoning would
show consistency between the comprehensive plan and the zoning categories.
Thank you very much for your attention to this matter. If you should need any
clarification or further explanation, please feel free to contact me.
Yours very truly,
(Signature)
Karl W. Bohne, Jr.
KW B/kk
ORDINANCE NO. 18-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING,
SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED
AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION
163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND
THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S
APPROVED EVALUATION AND APPRAISAL REPORT; PROVIDING FOR AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 16').316 Et. Seq., Florida Statutes, established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the state
to prepare and adopt a Comprehensive Plan as scheduled by the Department of Community
Affairs; and
WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988
City of Cape Canaveral Comprehensive Plan (hereinafter referred to as the "1988 Plan"); and
WHEREAS, the City Council directed that the proposed amendments to the
Comprehensive Plan be separated into two parts consisting of the Text or Data(Data and
Analysis) to be adopted by resolution, and the Goals, Objectives and Policies (GOPs), to be
adopted by ordinance; and
WHEREAS, on May 27 and October 28, 1998, the Local Planning Agency in accordance
with its procedures held a duly noticed public hearing on the proposed amendment CPA 01-98
and considered findings and advice of staff, citizens, and all interested parties submitting
comments and recommended to the City Council that the 1988 Plan be amended based on the
City of Cape Canaveral
Ordinance No. 18-98
Page 2
Evaluation and Appraisal Report and that the amendment shall be submitted to the Department
of Community Affairs; and
WHEREAS, the City received the "Objections, Recommendations, and Comments
Report" (ORC report) from the DCA reflecting the Department's review of the proposed
amendments; and
WHEREAS, on June 16, 1998 and December 15, 1998, the Cape Canaveral City Council
held duly noticed public hearings on the attached Comprehensive Plan Amendment and
considered the findings, advice and recommendations of the Local Planning Agency, staff, and
all interested parties submitting written or oral comments and upon thorough and complete
consideration and deliberation, approved for adoption of the attached Comprehensive Plan
amendment; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements
of the Local Government Comprehensive Planning and Land Development Regulation Act.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and are
incorporated herein by reference.
SECTION 2. AUTHORITY. This Ordinance is adopted in compliance with and
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act, Sections 163.3184 and 163.3187.
\\cape-nt\cityclerk\cityclk\ordinances\zoning\ear based comp plan amendments.doc
City of Cape Canaveral
Ordinance No. 18-98
Page 3
SECTION 3. PURPOSE AND INTENT. It is hereby declared to be the purpose and
intent of this Ordinance to clarify, expand, correct, update, modify or otherwise further the
provisions of the 1988 Plan as amended based on the Evaluation and Appraisal Report.
SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT.
Pursuant to Comprehensive Plan Amendment CPA 98-01 to the 1988 Comprehensive Plan as
amended, the City of Cape Canaveral is adopting the Goals, Objectives and Policies of the
following elements: Intergovernmental Coordination, Conservation Management, Coastal
Management, Infrastructure, Transportation, Parks and Recreation, Housing, Future Land Use
and Capital Improvements. The Future Land Use Map and Transportation Maps are hereby
amended as specifically provided in Exhibit "A," attached hereto.
SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the
effective date of this Ordinance, the Plan Amendment shall amend the 1988 Plan as amended and
become part of the Plan, and the Plan amendment shall retain the legal status of the 1988 Cape
Canaveral Comprehensive Plan as amended established pursuant to the Code of Laws and
Ordinances of the City of Cape Canaveral, Florida, as amended.
SECTION 6. TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS. The City Manager is hereby designated to sign a letter transmitting
this adopted amendment to the Department of Community Affairs in accordance with Chapter
163, Florida Statutes, and Section 9J-11.015, Florida Administrative code.
SECTION 7. Any ordinance or parts of an ordinance, in conflict herewith are
repealed.
g:\citydklordinances\zoning\ear based comp plan amendments.doc
City of Cape Canaveral
Ordinance No. 18-98
Page 4
SECTION 8. If any section, paragraph, phrase, or word 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 9. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission finding
the amendment in compliance in accordance with Section 163.3184, Florida Statutes.
\\.cape-nt\cityclerk\cityclk\ordinances\zoning\ear based comp plan amendments.doc
City of Cape Canaveral
Ordinance No. 18-98
Page 5
APPROVED FOR TRANSMITTAL BY the City Council of the City of Cape
Canaveral, Florida, this 16th day of June, 1998.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, .CITY CLERK
APPROVED AS TO FORM: HERNANDEZ X
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS Motion
HERNANDEZ X
PETSOS X
RANDELS X
SALAMONE Second
LPA Hearing: May 27, 1998
Transmittal Mtg: June 16, 1998
LPA 2nd Hrg: October 28, 1998
Second Reading: December 15, 1998
Posted: May 17, 1998
Published:(LPA) May 17, 1998
(LPA 2nd) October 18, 1998
(1st hrg) June 7, 1998
(2nd hrg) December 5, 1998
\\cape-nt\cityclerk\cityclk\ordinances\zoning\ear based comp plan amendments.doc
City of Cape Canaveral
Ordinance No. 18-98
Page 6
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th
day of December, 1998.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
RANDELS
SALAMONE
LPA Hearing: May 27, 1998
Transmittal Mtg: June 16, 1998
Second Reading:
Posted: May 17, 1998
Published:(LPA) May 17, 1998
(1st hrg) June 7, 1998
(2nd hrg)
\\cape-nc\cityclerk\cityclk\ordinancn\zoning\ear based comp plan amendments.doc
Meeting Type: Regular
Meeting Date: 01-05-99
AGENDA
Heading
Considerations
Item
No.
2
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PURCHASE OF (2) REMOTE TERMINAL UNITS FOR WASTEWATER PLANT LIFT
STATIONS
DEPT./DIVISION: WASTEWATER/PUBLIC WORKS
Requested Action:
That the City Council consider approval of these (2) RTU's as recommended by the public works director.
Summary Explanation & Background:
See attached memo from the public works director. This is a budgeted item.
I recommend approval.
Exhibits Attached:
Public works director's memo of 12/18/98
City Manager's Office
(Signature) Kohn, Bennett
Department WASTEWATER/PUBLIC WORKS
g:/admin/council/meeting/1999/01-05-99/RTU.doc
M E M O R A N D U M
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works irector
DATE: December 18, 1998
SUBJECT: City Council Agenda Item
Data Flow Sole Source Purchase of Additional RTU
On February 3, 1998, City Council approved the purchase and installation of a lift station
telemetry system. This system was a budgeted capital item and was completed last fiscal year.
The Telemetry System has been helpful in monitoring and controlling the City's lift stations.
As an effort to expand our telemetry system, two (2) additional Remote Terminal Units
(RTU) are needed. These two units are to be installed at the lift stations located at the treatment
facility. These units will network with the current computerized system and will assist the plant
performance by monitoring and controlling production.
The unit price for each RTU is $4,950 for a total amount of $9,900. This price is the
same unit price approved by City Council last year as a Cooperative Purchased. Funds have been
budget in the Enterprise Capital account and are available.
Recommend the approval of the Sole Source purchase of two RTU from Data Flow
Systems in the amount of $9,900.
Attachment
CC: File
From: Dav d S. Waker,Sales Manager To: Fax#7994980 Date:12/10/98 T me:8:33:10 AM Page 1 of 1
Data Flow Systems, Inc.
December 10, 1998 Quote No. 981210-01-dw
Mr. Walter Bandish
City of Cape Canaveral
Fax: 799-4980
Re: TAC Pack Quote for 2 Lift Stations
Dear Walter:
Sorry for the delay in getting this information to you. Following is a quotation for two (2) PCU
TAC Pack RTUs and antenna systems compatible with the City of Cape Canaveral's existing
radio telemetry system. The antenna systems are offered in the same manner as your previous
installations. A pole will be attached to the existing panel support and the antenna will be
mounted to it. This quotation assumes that the PCU TAC Pack RTU will be mounted in the
existing control panel. These items are offered as turnkey products and include all necessary
installation labor and materials (conduit, wire, tie wraps, mounting hardware). This quotation
includes, and is limited to, the following:
(2) PCU TAC Pack RTUs
(1) RF Pigtail
(1) Backup Battery
(1) Transient Filter Shield (TFS001-3)
(1) Single-pole antenna configuration w/surge protection
(1) Installation materials, labor and travel
(1) FCC Licensing Services
The quotation totals $9,900.00 11$4,950.00 ea.) . Lead time is 8-10 weeks ARO. Prices are
F.O.B. job site, Terms are Net 30. This quote will be honored for 90 days.
Thank you for your inquiry. If you have any questions, please feel free to contact me.
Sincerely,
Data Flow Systems, Inc.
(Signature)
David S. Walker Jr.
Sales Manager
cus\capecanav\`ba981210quo
end of fax
Data Flow Systems.lnc. • 559 Eau Gallie Blvd. • Melbourne.Florida 32935 0 PH:(407) 259-5009 8 FAX(407) 259.1006
SYSTEM MENU OVERVIEW RUNTIME TOTALS TRENDS REPORTS HELP 9:58:28 AM
12/29/98
PLAINT OVERVIEW INTERMEDIATE
PUMP
STATION REAERATION
RECLAIMED A B
WATER GEN. FUEL E E
EFFLUENT
HYDRO.TANK TO COCOA
BEACH BLOWERS
EFFLUENT SLUDGE
PUMP DEWATERING SLUDGE CHLORINE CONTACT
STATION HOLDING CHAMBERS
A
D ET PUMP IRP PUMP
A B C
CHLORINE FILTERS
PRETREATMENT
STRUCTURE
FERMENTATION
SUBSTANDARD _ FIRST ANOXIC
EFFLUENT BASINS
HOLDING FLOW
1.4 MG EQUALIZATION
BASIN
LIFT STATION LOCATIONS
CLOSE ON-SITE PUMP STATIONS A & B
TO EQUALIZATION TO EQUALIZATION
BASIN FLOW BASIN FLOW
SPLITTER SPLITTER
SPA-01 SPB-01
FROM SLUDGE FROM REARATION
DRYING BEDS, BASINS,CLARIFIERS,
FIRST ANOXIC FILTERS,CHLORINE
BASINS, CONTACT CHAMBERS SPS-02
EQ.BASIN, SPA-02
CONCENTRATOR
RETURN
PUMP STATION A PUMP STATION B
16OW LIFT STATIONS ARE USED
Meeting Type: Regular
Meeting Date: 01-05-99
AGENDA
Heading
Considerations
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: AUTHORIZATION TO REMIT $5,638.63 TO BREVARD COUNTY FOR DITCH CLEANING
SERVICES
DEPT./DIVISION: STREET DEPARTMENT/PUBLIC WORKS
Requested Action:
That the. City Council authorize payment to Brevard County in the amount of $5,638.63 for ditch cleaning
services.
Summary Explanation & Background:
The City Council had set aside general fund reserves to clean this ditch. This service covered the northern
section of the N/S drainage ditch. Our public works director is working with Brevard County Road and Bridge
to clean the southern portion.
I recommend approval.
Exhibits Attached:
Public works director's memo of 12/21/98
City Manager's Office
(Signature) Bennett, Boucher
Department STREET DEPT/PUBLIC WORKS
g:/admin/council/meeting/1999/1-05-99/ditch.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: December 21, 1998
SUBJECT: City Council Agenda Item: January 5, 1998
Approval of Brevard County Ditch Cleaning Invoice
The City of Cape Canaveral has been taking measures to clean up the area of the
Canaveral Ditch. The Public Works Director has requested Brevard County Road and Bridge
Department to clean the area of the ditch north of West Central Blvd. The County agreed to
perform the work at cost plus rate. Attached is a copy of the County invoice in the amount of
$5,638.63. The appropriation of $40,000 to clean the ditch was approved by City Council in
1996.
Recommend the approval of the Brevard County Road and Bridge Invoice in the amount
of $5,638.63.
Attachment
CC: File
BREVARD County
BOARD OF COUNTY COMMISSIONERS
RECEIVED
NOV 24 1998
FLORIDA'S SPACE COAST
ROAD and BRIDGE ADMINISTRATION Phone: (407) 690-6840
2725 Judge Fran Jamieson Way, Fax: (407) 690.6841
Building A.Room 208
Viera,FL 32940
November 17, 1998
City of Cape Canaveral-PWD
P.O. Box 326
Cape Canaveral, FL 32920
RE: CENTRAL AVE. MOWING #2A90
Dear Mr. Gardulski:
Our records indicate $5,638.63 is due Road & Bridge for work performed as requested on
the above reference project (see attached breakdown). Please submit payment to the
following address:
Public Works Finance
Attn: Tammy Thomas - Bldg. A
2725 Judge Fran Jamieson Way
Viera, FL 32940
If you have any questions please do not hesitate to contact me at 690-6876.
Sincerely,
(Signature)
Charlie Burton
Asst. Road & Bridge Director
JEH-/tt
PROJECT SUMMARY
2A90 CENTRAL AVE. (CITY CAPE CANAVERAL)
SUMMARY OF CURRENTLY TOTALED CHARGES
DESCRIPTION CHARGES NON_CHARGABLE TOTALS CHARGES
LABOR I 593.5500 LABOR I 0,0000
BENEFITS 310.9370 BENEFITS 0.000
TOTAL L/B * 904.4870 EQUIPMENT 0.0000
EQUIPMENT 3998.6800 OPEN REQUISITIONS 0.000
MATERIALS 0.0000
OVERHEAD 0.0000 II
I SUMMARY TOTAL I 0,0000
SUMMARY TOTAL 4903.1670
6 % Admin I 735.47 I MAKE SELECTION
$ 5638.63 PRINT SCREEN I <<<
UPDATE BILLING
EXIT -> RETURN I
No. 1
6/98
PROJECT SUMMARY
OF
LABOR EQUIPMENT
TOTAL TOTAL TOTAL
WORK HOUR REG OVER ---------- EQUIPMENT ----------- REGULAR OVER LABOR
CODE RATE HOURS TIME CODE HOURS RATE COST TIME TIME BENEFITS W / C COST
2A90 CENTRAL AVE. (CITY CAPE C **
10/09/98 *+ (Week Ending)
0102 7.89 1.50 0.00 336-0157 1.50 7.1300 10.70 11.84 0.00 5.44 0.87 18.16
0301 12.27 6.50 0.00 410-0081 6.50 7Y.15000 503.75 79.76 OJ.00 30.78 9.91 120.46
0000 12.27 0.00 0.00 328-0651 6.50 4.3600 28.47 0.00 0.00 0.00 0.00 0.00
Weekly Subtotal
8.00 0.00 14.50 542.92 91.60 0.00 36.22 10.79 138.61
10/16/98 ** (Week Ending)
0301 10.95 18.00 0.00 410-0081 18.00 77.5000 1395.00 197.10 0.00 79.23 24.50 300.83
Weekly Subtotal +
18.00 0.00 18.00 1395.00 197.10 0.00 79.23 24.50 300.83
10/23/98 *+ (Week Ending)
0302 10.95 24.00 0.00 410-0081 24.00 77.5000 1860.00 262.80 0.00 105.63 32.67 401.10
0000 10.95 0.00 0.00 328-0711 24.00 4.3800 105.12 0.00 0.00 0.00 0,00 0.00
0110 9.75 1.00 0.00 331-0095 1.00 19.3800 19.38 9.75 0.00 4.10 1.21 15.06
Weekly Subtotal *
25.00 0.00 49.00 1984.50 272.55 0.00 109.73 33.88 416.16
10/30/98 +* (Week Ending)
0116 9.82 1.00 0.00 0.00 0.0000 0.00 9.82 0.00 4.12 0.73 14.66
0301 10.21 1.00 0.00 344-0030 1.00 50.6300 50.63 10.21 0.00 4.21 1.27 15.69
0107 12.27 1.00 0.00 331-0127 1.00 25.6300 25.63 12.27 0.00 4.74 1.53 18.53
Weekly Subtotal
3.00 0.00 2.00 76.26 32.30 0.00 13.07 3.52 48.89
I
Road Subtotal • 4 72.69
54.00 0.00 83.50 3998.68 593.55 0.00 238.25 904.49
Total *+ 72.69
54.00 0.00 83.50 3998.68 593.55 0.00 238.25 904.49
Meeting Type: Regular
Meeting Date: 01-05-99
AGENDA
Heading
Discussion
Item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: TOWER BLVD.
DEPT./DIVISION: STREET/PUBLIC WORKS
Requested Action:
Mr. Hunt Shuford of Cevesco, Inc. has requested that the City Council commit to the construction of the
remaining east/west section of Tower Blvd. He has rejected City Council's offer to return the unpaved portion
of Tower Blvd. back to Cevesco, Inc.
Summary Explanation& Background:
In April of 1990, Cevesco, Inc. deeded the Tower Blvd. land to the city. The deed stated that the city install,
pave and maintain a public road known as Tower Blvd. There was no stipulated time frame. There is no City
Council motion, resolution or ordinance on record for acceptance of the dedication of this property. During this
time frame, construction plans were drafted and there was a letter written by former city manager, Leo
Nicholas, stating that once Cevesco, Inc. had executed the deeds, the city would proceed with the paving
project. Currently the north/south section of this roadway is complete. City Engineers SSA provided an
estimate of approximately $115,000 to construct the remainder of this roadway.
Does the City Council wish to proceed with this project? If so, it will have to be funded with general fund
reserves.
Please advise.
Exhibits Attached:
Deed/Nicholas letter/SSA construction estimate/Shuford's letter of 12/28/98
City Manager's Office
(Signature) Bennett, Boucher
Department STREET/PUBLIC WORKS
g:/admin/council/meeting/1999/01-05-99/tower.doc
DEC. -28' 98 (MON) 16:38 TREASURER TEL: 7043226501 P. 001
Shuford Development, Inc
Post Office Box 2228 Hickory, North Carolina 28603 (704) 328-4157 Fax (704) 322-6501
December 28, 1998
Mr. Bennett C.Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, FL. 32920-0326
RE: Tower Boulevard
Dear Mr. Boucher:
Pursuant of your request for a written response to the City of Cape Canaveral's offer to
return the unpaved portion of the Tower Blvd.tight of way, less any utility easements,
quit-claim deeded by Cevesco,Inc. to the City of Cape Canaveral on April 24, 1990:
Cevesco, Inc. does not accept the offer.
Sincerely,
(Signature)
C. Hunt Shuford, Jr.
President, Shuford Development, Inc . and Cevesco, Inc.
cc: Mr. A. Alex Shuford,II,Vice-Chairman,CV Industries, Inc.
Mr. Michael M.Wallis,Esquire
P.O. Box 1210
Melbourne,FL 32902-1210
\\STSVRI\users\HShuford\CEVESCO\Refusal of CC offer to return Tower, Dec. 28,
1998.doc
SSA
MEMORANDUM
DATE: December 9, 1998
TO: Ed Gardulski
Public Works Director
FROM: John Pekar, PE
SUBJ: Engineering Construction Cost Estimate for Paving and Drainage of Final Road Segment of
Tower Road, Cape Canaveral, Florida
--------------------------------
General
The following construction paving and drainage estimate for segments of Tower Road has been prepared
based on Briley Wild &Associates plans dated 2/6191. Other pertinent items for this estimate include:
1. Roadway construction has been estimated from approximately Sta. 11+00 to Sta. 26:wfrom
the above referenced plans.
2. No soil borings or recent survey cross sections have been furnished to SSA. Subsurface soil
costs and earthwork quantities may be required based on this field data. (Contractor items
should be included in the bid document for these conditions.)
3. Placement of culverts at existing "paved" intersections will be necessary. (No costs for
repaving these two areas have been included as a line item in the estimate, although the pipe
costs have been added. Repaving has been included in the contingency.)
4. No record drawings for existing utilities have been supplied to SSA. Contractor should verify
all utilities prior to bidding on work.
5. Some transition paving costs should be anticipated with this project These costs have also
been included in the contingency.
STOTTI.ER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC.
8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 407-783.1320 Fax 407.783-7065
Lic. #AAC000329 #EB0000762 #LB0006700 Page 1 of 2
d:\civil\projects\cape\m-tower cost estimate.doc "Great To Work For... Greater To Work With"
Engineering Cost,Estimate
Tower Boulevard Paving & Drainage
Cape Canaveral, Florida
No. Description Quanity Unit Unit Price Total Price
1 Mobilization 1.0 L.S. $ 10,000.00 $ 10,000.00
2 Construction Survey 1.0 L.S. $ 5,000.00 $ 5,000.00
3 Laboratory Testing 1.0 L.S. $ 2,500.00 $ 2,500.00
4 Clearing & Grubbing 1.9 AC. $ 1,500.00 $ 2,850.00
5 1-1/2" Type S-1 A.C.S.C. 3735.0 S.Y. $ 3.25 $ 12,138.75
6 8" Limerock Base 4045.0 S.Y. $ 6.50 $ 26,292.50
7 10" Stabilized Subgrade 4665.0 S.Y. $ 3.75 $ 17,493.75
8 6" Stabilized Shoulder 1556.0 S.Y. $ 3.00 $ 4,668.00
9 Swale Excavation 1170.0 C.Y. $ 3.00 $ 3,510.00
10 Swale Ditch Block (w/Sodding) 8.0 EA. $ 250.00 $ 2,000.00
11 14"x 23" ERCP 174.0 L.F. $ 25.00 $ 4,350.00
12,14"x 23" M.E.S. 6.0 EA. $ 500.00 $ 3,000.00
13 Sodding 622.0 S.Y. $ 1.60 $ 995.20
14 Seed & Mulch 4980.0 S.Y. $ - 0.30 $ 1,494.00
Sub-Total $ 96,292.20
20% Contingency $ 19,258.44
Total $ 115,1550.64
civ 7:d:\civil\cape\tower blvd cost estimate Page 2 of 2
Return: to sell-addfessod Stamped envelope)
Name: James: S. Theriac
Address: 96 Wiliard Street
Suite 302
Cocoa, Florida 32922
RECORDED & VERIFIED
BREVARD, FL.
828367
(Signature)
CLERK, CIRCUIT COURT
90 APR 27 AM 11:24
Is Instrument Prepared by: James S. Theriac
Address: 96 Willard Street
Suite 302
Cocoa, Florida 32922
(illegible) 2 2
(illegible) 1.50
(illegible) 9.00
(illegible) .55
(illegible) Clerk Circuit Court
RECORD $ _____ Brevard Co., Florida
SPACE ABOVE THIS LINE FOR PROCESSIINO DATA SPACE ABOVE THIS LINE FOR RECORDING DATA
This Quit-Claim Deed, Executed this 24th day of April A. D. 1990 , by
CEVESCO, INC. , a Florida Corporation
first party, to
CITY OF CAPE CANAVERAL, a political subdivision of the State of
Florida
whose posloffice address is Post Office Box 326
Cape Canaveral, Florida 32920
second party:
(wherever used herein the teams "first party" and "second party" shall include singular and plural, heirs, legal
representatives, and assigns of individuals, and the successors and assigns of corporations, whoever the context
to admits or requires.)
Witnesseth, That the said first party, for and in consideration of the sum of $ 10.00
in hand paid by the said second party, the receipt whereof is hereby acknowleged, does hereby remise, re-
lease and quit-claim unto the said second party forever, all the right, title. interest, claim and demand which
the said first party has in and to the following described lot, piece or parcel of land,, situate, lying and being
in the Counly of Brevard State of Florida . lo-wil:
See Exhibit "A” attached hereto and
incorporated herein by this reference.
The purpose of this quit-claim deed is to dedicate to the public the land described in
Exhibit "A" for the purpose of a public street. The second party, a municipal corpora-
tion organized and existing under the laws of the State of Florida, by recording this
deed does hereby accept said dedication. The second party agrees, at its expense, to
install, pave and maintain a public road known as Tower Boulevard in the right-of-way
described in Exhibit "A". The second party agrees not to make any special assessments
against the property of the first party for the cost of such installation, paving and
maintenance.
To Have and to Hold the same together with all and singular the appurtenances thereunlo
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the only proper use, benefit and behool of the said
second party forever.
In Witness Whereof, The said party has signed and sealed these presents the day and year
first above written.
CEVESCO, INC. , a Florida Corporation
Signed, sealed and delivered in presenceof:
(Signature) By: (Signature) L.S.
Vice President L.S.
(Signature) Attest:
STATE, OF FLORIDA, }
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State aforesaid and in the Counly aforesaid to take arknowledgments, personally (illegible)
George H. Firkins, Jr.
to me known to be the person S described in and who executed the foregoing instrument and (illegible)
before me that they executed the same on behalf of said Corporation
WITNESS my hand and official seal in the County and State last aforesaid this , 24th day of
April A.D., 1990
Notary Public, State of Florida at Large
My Commission (Illegible)
(Signature)
Notary Public Clerk
EXHIBIT A
SURVEYOR'S ,DESCRIPTION: (CENTRAL BOULEVARD)
A STRIP OF LAND 100.00 FEET IN WIDTH LYING 50.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTER LINE BEING A PORTION OF SECTION 15, TOWNSHIP 24
SOUTH, RANGE 37 EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT A RAILROAD SPIKE AT THE SOUTHEAST CORNER OF SAID SECTION 15;
THENCE N 35 46'12" W, FOR A DISTANCE OF 401 .26 FEET TO A 1/2" IRON ROD IN THE
CENTERLINE OF STATE ROAD 401, A 100.00 FOOT RIGHT OF WAY AS SHOWN ON THE FLORIDA
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPS FOR SECTION 70080-2202, APPROVED
9-2-59; THENCE N 37 22' 12" W, AS A REFERENCE BEARING ALONG SAID CENTERLINE, FOR
A DISTANCE OF 2037.55 FEET TO A NAIL; THENCE S 62 37148" W, FOR A DISTANCE OF
50.77 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD
401 BEING THE POINT OF BEGINNING; THENCE CONTINUE S 62 37'48" W, FOR A DISTANCE
OF 374 .73 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS
OF 611 .05 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THRU A CENTRAL
ANGLE OF 27 54 ' 52", FOR A DISTANCE OF 297.70 FEET TO A POINT OF TANGENCY; THENCE
N 89 27120" W, FOR A DISTANCE OF 1008 .73 FEET TO THE POINT OF TERMINATION OF
SAID 100 .00 FOOT STRIP OF LAND.
SAID 100.00 FOOT OF LAND BEING BOUND ON THE EAST BY THE SOUTHWESTERLY RIGHT
OF WAY LINE OF SAID STATE ROAD 401 AND ON THE WEST BY A LINE PASSING THRU THE
POINT OF TERMINATION BEARING N 00 50' 54" W.
AND TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE NORTHWEST
BY THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP; ON THE
NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND ON
THE SOUTH BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET CONCAVE TO THE
SOUTH, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE SOUTHEASTERLY
LINE OF SAID 100.00 FOOT STRIP OF LAND.
AND ALSO TOGETHER WITH A TRIANGULAR PARCEL BOUNDED AS FOLLOWS: ON THE
SOUTHEAST BY THE NORTHWESTERLY LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP; ON
THE NORTHEAST BY THE SOUTHWESTERLY RIGHT OF WAY LINE OF SAID STATE ROAD 401; AND
ON THE NORTHWEST BY THE ARC OF A CURVE HAVING A RADIUS OF 25.00 FEET CONCAVE TO
THE NORTHWEST, TANGENT TO SAID SOUTHWESTERLY RIGHT OF WAY LINE AND TO THE
NORTHWESTERLY LINE OF SAID 100.00 FOOT STRIP OF LAND.
AND ALSO TOGETHER WITH A TRIANGULAR PARCEL OF LAND BOUNDED AS FOLLOWS: ON
THE NORTH BY THE SOUTH LINE OF THE ABOVE DESCRIBED 100.00 FOOT STRIP OF LAND; ON
THE WEST BY THE SOUTHERLY EXTENSION OF THE EAST LINE OF THE WEST 60.00 FEET OF
SAID 100.00 FOOT STRIP OF LAND AND ON THE SOUTHEAST BY THE ARC OF A CURVE HAVING
A RADIUS 25.00 FEET CONCAVE TO THE SOUTHEAST, TANGENT TO THE SOUTHERLY EXTENSION
OF SAID EAST LINE AND TO THE SOUTH LINE OF SAID 100'.00 FOOT STRIP OF LAND.
LESS AND EXCEPT A PORTION OF THAT PARCEL AS DESCRIBED IN OFFICIAL RECORD
BOOK 782 AT PAGE 150 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF TERMINATION OF THE
ABOVE DESCRIBED 100.00 FOOT STRIP OF LAND; TIIENCE N 00 50'54" W, ALONG THE WEST
LINE OF SAID 100.00 FOOT STRIP OF LAND, FOR A DISTANCE OF 31.91 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE N 00 50154" W, FOR A DISTANCE OF 18.10 FEET;
THENCE S 89 27' 20" E, FOR A DISTANCE OF 19.83 FEET; THENCE S 31 38' 24" E, FOR A
DISTANCE OF 4 .99 FEET; THENCE S 58 21' 36" W, FOR A DISTANCE OF 26.05 FEET TO THE
POINT OF BEGINNING.
OFF. REC. PAGE
3057 0446
13. City Manager 's Report
Mr. Nicholas reported on the signs, lighting and painting at the
Library. He noted that there was paint peeling from an inside
exterior wall of the building.
He reported on the Beautification projects which is mostly
replacing plants damaged by the freeze, mowing and general main-
tenance.
< He also noted that CEVSCO had signed a quit claim deed on Tower > *
< Boulevard.
The Purchase Order for the traffic light at A1A and Canaveral
Beach had been issued and the work on the Long Point Road Sewer
extension was underway.
He informed Council that the VFW had received several sugges-
tions regarding places for the Veterans' Memorial to be placed,
including Cheri Down Park, NE corner of Library Property and a
few other locations. He noted that the Memorial would be one
that would be an asset to the City. Mr. Randels and Mrs. Thurm
supported the idea of the Memorial being placed at the Library.
DISCUSSION
The question was raised regarding the enforcement of parking at
Harbor Heights. Sgt. McGhee has been instructed to enforce all
violations.
There being no further business, the meeting was adjourned at
10:00 P.M.
(Signature)
Angel R. Taylor
Deputy City Clerk
City Council
Workshop Meeting
April 26, 1990
Page 3 of 3
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
April 19 , 1990
Mr. George Firkens
Cevesco, Inc.
P .O. Drawer "S"
Cape Canaveral, FL 32920
Dear George:
Thank you for your prompt reply in having the surveys made
of the Tower Boulvard relocation and of west Central
Avenue . The City Attorney has prepared Quick-Claim Deeds
for these roads , and once they are executed we will
proceed with the paving project as we have discussed.
Your cooperation in this matter is greatly appreciated and
will certainly result in improvements which will benefit
the City and Cevesco.
Sincerely,
(Signature)
Leo C. Nicholas
City Manager
LCN/ab