HomeMy WebLinkAboutResolution 2007-02RESOLUTION NO. 2007-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
SUPPORTING THE APOLLO ROAD EXTENSION PROJECT
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION
WORK PROGRAM FOR FISCAL YEAR 2007/2008 THROUGH
FISCAL YEAR 201112012; MAKING FINDINGS; REQUESTING
THE FLORIDA LEGISLATURE, THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND THE FLORIDA
TRANSPORTATION COMMISSION RESPOND TO THE
FLORIDA DEPARTMENT OF TRANSPORTATION FISCAL
YEAR 200712008 THROUGH FISCAL YEAR 201112012
TENTATIVE WORK PROGRAM BY REINSTATING STATE
FUNDING FOR THE APOLLO BOULEVARD EXTENSION AND
PROPOSING INNOVATIVE FINANCING APPROACHES FOR
TIMELY PROJECT COMPLETION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the extension of Apollo Boulevard from Sarno Road over and across the
Eau Gallie River and connecting to the intersection of Eau Gallie Boulevard and Commodore
Boulevard (the "Extension" or "Project ") has been proposed for decades;
WHEREAS, the Apollo Boulevard Extension is within the incorporated boundaries of the
City of Melbourne, and will provide a needed alternative parallel travel route to a congested
segment of US 1, which has the highest traffic count of any non- interstate roadway in Brevard
County and cannot be widened beyond its current six lanes; and
WHEREAS, the Apollo Boulevard Extension has been in the planning stages since at
least 1985 and has been the number two priority of the Brevard Metropolitan Planning
Organization since 2004 and design is now underway; and
WHEREAS, the Florida Department of Transportation began design of the Extension in
December, 2005• and included in the FY 2007 through 2011 adopted work program
approximately $15.5 million for construction of the Extension in FY 2011 (FM # 241241 -1); and
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Apollo Rd. Extension
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WHEREAS, the Florida Department of Transportation advised the affected local
governments in August/September 2005 that the cost estimate for the Project had increased;
and
WHEREAS, the Florida Department of Transportation subsequently published its
tentative FY 200712008 through 2011/2012 work program which, if adopted, will defer this
Project to an unidentified year beyond 2012; and
WHEREAS, the Apollo Boulevard Extension is off the State Highway System and local
governments are required to supply a 12.5 percent cost of the Project as a local match, which
the City of Melbourne has agreed to provide; and
WHEREAS, because the Project is proposed to move out beyond the 5 years of the
tentative work program, FDOT has not disclosed what the future Project cost may be and the
City of Melbourne cannot, therefore, determine the amount or date of its future match obligation;
and
WHEREAS, the benefiting roadway (US 1) is currently congested and the local
jurisdictions have relied upon previous years' adopted work program to issue development
orders that are consistent with state and local governmental concurrency requirements pursuant
to Section 103.3180, Florida Statutes, and Chapter 3, Appendix D, Melbourne city code, and
to guide their own capital improvements programming; and
WHEREAS, Florida Department of Transportation officials have not contacted
Melbourne directly to discuss the impacts of the FDOT proposal or to explore other funding
options including the possibility of an advance reimbursement agreement for all or part of the
Project cost; and
WHEREAS, the unspecified delay in starting the Project will have severe consequences
including the following:
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Apollo Rd. Extension
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1 . The undetermined legal ramifications of vested development rights that is no
longer consistent with state and local concurrency requirements.
2. The severe congestion that exists today will continue to worsen, exacerbating the
safety concerns that result from intense congestion.
3. The increased difficulty the City of Melbourne will have in developing a cost -
feasible Capital Improvements Plan, as required by state law, when the level of local
match required for this Project -- cannot be specified.
4. The undetermined status of the adopted work program as a document which can
be legally relied upon (as defined in the Florida Statutes) by local governments when
making land development decisions.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. The above recitals are true and correct and by this reference are hereby
incorporated into and made an integral part of this resolution as though fully set forth herein.
SECTION 2. The CITY COUNCIL OF THE CITY OF CAPE CANAVERAL urges the
Florida Legislature, the Florida Department of Transportation and the Florida Transportation
Commission to:
A. Restore funding for the Apollo Boulevard Extension Project to at least the level
included in the FY 2007 through FY 2011 adopted work program (construction at $15 million);
and;
B. Meet directly with City of Melbourne officials to explain the reasons for the
proposed rescheduling of the Project and to discuss alternative or innovative Project financing
that could allow the Project to proceed in FY 2011 as initially proposed.
SECTION 3. This resolution shall take effect immediately upon its adoption.
DONE, ORDERED AND ADOPTED, in regular session, this 10th day of Jan 2007
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Apollo Rd. Extension
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ATTEST:
Susan Stills, CITY CLERK
APPROV S TO FORM:
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Anthony G arganese, CITY ATTORNEY
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Rocky Randels, MAYOR
FOR AGAINST
Bob Hoog Motion
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Leo Nicholas X
Buzz Petsos X
Rocky Randels Second
Shan -non Roberts X ,