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09-22-2003 - Special/Regular Q o ,- , Voting Order Councilman Brown Councilnvnllan1/ruui CouncilwomanRJuxks Counci/womanlichter Mayor Schmidt ;' AGENDA CITY COUNCIL OF EDGEW A TER SPECIAL MEETING September 22,2003 7 :00 p.m. COMMUNITY CENTER A Special Meeting of the City Council is scheduled for Monday, September 22,2003, at 1:00 p.m. in the Community Center prior to the regular meeting for the following: 1. Hold public hearings (2nd Readings) on Ord. No. 2003~O~22, adopting final millage rate of 6.95 mills per $1,000 of assessed taxable value and Ord. No. 2003-0-23, adopting final budget for fiscal year 2003/2004. 2. ADJOURN. Voting Order Councilmmlfarnnmd CouncilwomanRhodes Cm01cilwomanlichter Mayor Schmidt Councilman Brown AGENDA CITY COUNCIL OF EDGEW A TER JaCtrLA-R -MEETING September 22, 2003 immediately following Special Meeting COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. AFFROV AL OF MINUTES None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS A. Recognition of appointed/reappointed Board/Committee members. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Please state your name and address, and please limit your comments to five minutes or less. 5. CITY COUNCIL REPORTS <-: (.) o City Council Agenda September 22,2003 Page -2- ;-;, 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2003-0-18, Glenn Storch, authorized agent for Ha,Gi<;mga, D~velQpment CQrp" r~ql,l~~ting a,n a,m~ngm~nt tQ the OffiGia,1 Zoning Map to include 18.27 ~ acres of land located east of US 1 and west QfHacienga gel RiQ, as City B-3 (Highway CQmmercia,l), B. 2nd Reading, Ord. No. 2003-0-19, amending the Official Zoning Map to include certain properties within the Washington Park subdivision located south of 35th Street in Florida Shores as R-2 (Single Family Residential). C. 1 st Reading. Ord. No, 2003-0-21. Coral Trace. LLC. with Elizabeth Kennedy as authorized agent and Forte McCaulay as developer (owner, Progressive Land Development Inc.), requesting Planned Unit Development (PUD) Agreement approval and the associated Zoning Map amendment to change 63.69~ acres of property located north of SR442 and west of Lybrand Avenue from Volusia County A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) to create a 200 maximum unit subdivision to be known as Coral Trace. 7. BOARD APPOINTMENTS A. Planning and Zoning Board - Councilwoman Lichter to consider the Board's recommendation for appointment to fill the remaining term of a vacated seat. 8. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. A. Motorcycle Lease Agreement. staff recommending approval and authorize the City Manager to execute the Addendum to the Motorcycle Lease Agreement for addition of two (2) Police Motorcycle units with an expenditure of $8,085 from the Law Enforcement Trust Funds for one (1) unit and associated equipment~ and one (1) unit from the 2003-2004 Police Department budget and execution of the renewal in March 2004, 9. OTHER BUSINESS A. ReducinglWaiving Liens - Charles Clark, owner of a vacant lot previously known as 132 Highland Avenue, requesting reduction of or waiving liens placed against this property prior to his purchase (totaling $5,500.19). B. Engineering Services Work Orders (3) - staff recommending approval of Work Orders to Gierok Engineering, Inc. to provide design, bidding, permitting, construction management and inspection services related to road and associated utilities improvements in ParkTowne Industrial Center. (WQrk Ord~r #2002-13 fQr $37,980, #2002-14 fQr $86,850 a,ng #2002-15 fQr $86,820.) 10.. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager J <.) Q .-. " City Council Agenda September 22,2003 Page -3- 1 L CITIZEN COMMENTS/CORRESPONDENCE 12, ADJOURN, Notes: 1) Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to five minutes or less. 2) All items for inclusion on the October 6, 2003, agenda must be received by the City Man~g~r'$ offiGe no l~ter th~n 4:30 p,m MQnd~y, S~pt~mb~r 29, 2003~ Plmmant to Chapter 286, FS, if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individualwil/ need a record of the proceedings andwil/ need to insure that a verbatim record of the proceedings is made. The City does not prepare or provide such record In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting. :ejm F:\agendas\092203special&reg '=. \\. "' .. r u AGENDA REQUEST Date: 9-10-03 PUBLIC HEARING X RESOLUTION ORDINANCE 9-22-03 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION 2nd Reading - Ordinance No. 2003-0-18 Glenn D. Storch, authorized agent for Hacienda Development Corp., requesting an amendment to the Official Zoning Map to include approximately 18.27 acres ofland located east of U.S. Highway 1 and west of Hacienda Del Rio (PID # 8538-01-00-0019), as City B-3 (Highway Commercial). PROPOSED USE: Vacant LOCATION: East of US Highway 1 and west of the Hacienda Del Rio development <.) AREA: 18.27:1: acres CURRENT LAND USE: Vacant FLUM DESIGNATION: Commercial ZONING DISTRICT: Volusia County BPUDW (Business Planned Unit Development) and MH- 1 W (Mobile Home Park) VOTING DISTRICT: 4 SURROUNDING AREA Current Land Use FLUM Desienation Zonin~ District North Vacant V olusia County Commercial Volusia County B-4W (General Commercial) East Manufactured Home Volusia County Urban Medium Volusia County MH-l (Mobile Home Subdivision Intensity Park) South Vacant Volusia County Industrial 1-3W (Waterfront Industrial) West Vacant (Edgewater City Commercial and Low Density City RPUD (Residential Planned Unit Lakes) ResidentiaV V olusia County Industrial Development)! Volusia County 1-1 (Light Industrial) and 1-4 (Industrial Park) u RZ-0301 - Hacienda r " Background: This parcel is located along the east side of US Highway I, west of the Hacienda Del Rio development. It is currently vacant with no immediate plans for development. The proposed commercial 0 zoning designation of this property is compatible with the surrounding area, as well as Volusia County's Future Land Use designation of Commercial. The majority of property with frontage on US Highway I has a Commercial Future Land Use designation. City Council voted to approve the rezoning of this parcel at first reading on September 8, 2003.\ Land Use Compatibility: The commercial designation of this property is compatible and consistent with the adjacent commercial parcels with frontage on US Highway I. Adequate Public Facilities: This site is within the City retail water and sewer service area and has access to US Highway I. All concurrency requirements shall be addressed at such time development is proposed. Natural Environment: The vegetation consists oflong leaf pine, xeric oak, and live oak. The soil has a high potential for development. The Conservation Overlay shall require an environmental assessment prior to development per the Comprehensive Plan. Consistency with Comprehensive Plan: The proposed Zoning Map amendment of B-3 (Highway Commercial) is consistent with the Future Land Use Map designation of Commercial Other Matters Council adopted the Comprehensive Plan Future Land Use Map amendment on August 18,2003. STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 2003-0-18, amending the Official Zoning Map to include 0 18.27:1: acres of property located east of US Highway I and west of the Hacienda Del Rio Mobile Home Park as City B-3 (Highway Commercial). ACTION REQUESTED Motion to approve Ordinance No. 2003-0-18. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES x NO DATE: 9-8-03 AGENDA ITEM NO. 6F Respectfully Submitted By: ~""(~ lUQf'l.9JV Darren Lear Chief Planner j~~eI\ ~~~\\~~.. ; Robin Ma sick \. Kenneth R. Hooper ,"'t\' Paralegal City Manager \ V o RZ.0301 . Hacienda .." . u ORDINANCE NO. 2003-0-18 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY BPUDW (BUSINESS PLANNED UNIT DEVELOPMENT) AND MH-l W (MOBILE HOME PARK CLASSIFICATION) TO B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED EAST OF U.S. HIGHWAY NO.1 AND WEST OF THE HACIENDA DEL RIO DEVELOPMENT (P ARCEL IDENTIFICATION #8538-01-00- 0019), EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. In an effort to be consistent with the City of Edge water Comprehensive Plan and Land Development Code, the City has submitted an application requesting a change in zoning o classification for property owned by Hacienda Development Corporation. The subject property is located East ofU. S. Highway #1 and West of Hacienda Del Rio, Edgewater, Florida and contains approximately 18.27 .:!: acres. The requested zoning change would be from County BPUDW (Business Planned Unit Development) and MH-1 W (Mobile Home Park Classification) to City B-3 (Highway Commercial) for the property described herein. 2. In a letter dated August 20,2003, the City of Edgewater notified by mail the owners of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property. 3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board) o Stltlck tluotlgh passages are deleted. Underlined passages are added. 2003-0-18 1 considered the request for a change in zoning classification and by a vote of 5 - 1, the Board recommended that the City Council approve the request. 4. On September 8, 2003, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on August 29,2003. 5. On September 22,2003, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on September 15, 2003, 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. StlnGk t1uotlgh passages are deleted. Underlined passages are added. 2003-0-18 2 c ... o o o c u v " ... The zoning classification for the following described property is hereby changed from County BPUDW (Business Planned Unit Development) and MH-I W (Mobile Home Park Classification) to City B-3 (Highway Commercial): The following described real property all lying and being in the County of V olusia and State of Florida. A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying easterly of U. S. Highway No.1, a portion of Lot 1, Assessor's Subdivision of the C. E. McHardy Grant according to the map or plat thereof as recorded in Map Book 3, Page 152 of the Public Records of V oIusia County, Florida and a portion ofU. S. Lots 3 and 4, Section 13, Township 18 South, Range 34 East lying easterly ofU. S. Highway No.1 being more particularly described as follows: For a Point of Beginning, commence at the intersection of the westerly line of the C. E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the south line ofthe north 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said point being marked by a I-inch iron pipe; thence N 680 58' 50" E, along said south line of the north 52.465 chains ofthe Jane Murray Grant, a distance of 136.56 feet; thence S 22057' 19" E, parallel with the easterly line ofU. S. Highway No.1, a distance of2652.17 feet; thence S 68040' 14" W, a distance of 300.12 feet to the easterly line ofU. S. Highway No.1; thence N 220 57' 19" W, along the easterly line ofU. S. Highway No.1, a distance of2653.79 feet to said south line of the north 52.465 chains of the Jane Murray Grant; thence N 680 58' 50" E, along said south line of the north 52.465 chains of the Jane Murray Grant, a distance of 163.61 feet to the Point of Beginning. Containing 18.27 acres more or less. Parcel #8538-01-00-0019 Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER, FLORIDA. The Planning Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above StItlck t1uongh passages are deleted. Underlined passages are added. 2003-0-18 3 " 4 described property. PART C. CONFLICTING PROVISIONS. o All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. o PART F. ADOPTION. After Motion by Councilman Hammond and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on September 8, 2003, was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Myron F. Hammond X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X Stltlck thlotlgh passages are deleted. Underlined passages are added. 2003-0-18 4 o ;: u o u -. After Motion by and Second by the vote on the second reading/public hearing of this ordinance was as follows: Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 22nd day of September, 2003. ATTEST: Susan J. Wadsworth City Clerk F or the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner Siwek tlllon~h passages are deleted. Underlined passages are added. 2003-0-18 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 22nd day of September, 2003 under Agenda Item No._ 5 . \ _____/" 1)"- .. \.~~ . .....~.. ~~ .\. .~... \ ----/" \ ~ :\ ,---- ,,\ ~" ,~ , ,,' I I I I I ~ . .,.'" .,.'" . ,~ .,."'~'" .,. .,.'" . .,. ~.,. .,.'" ..1 ~ ______~ I ~J'-/. . ,-~ . /' ~ .~ .-/ , " . () en ~ zt> ~ 0 r- 0 ~ :c - Cil "Ii. ;' u u J 6~ AGENDA REQUEST Date: 9-10-03 PUBLIC HEARING X RESOLUTION ORDINANCE 9-22-03 BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION 2nd Reading - Ordinance No. 2003-0-19 An Ordinance of the City of Edgewater amending the Official Zoning Map to include certain properties within the Washington Park subdivision, located south of 35th Street in Florida Shores, as R-2 (Single Family Residential) OWNER (S): Hooks - PID: 8414-04-01-0050; 8414-04-01-0060; & 8414-04-04-0010 -1.14 acres Amster - PID: 8414-04-03-0060 - .90 acres Amara/Hanna - PID: 8414-04-08-0010 - 3.64 acres Crowell - PID: 8414-00-00-0040 - 5 acres Pawlak - PID: 8414-04-01-0180; 8414-04-01-0010 - 1.28 acres Wyman - PID: 8414-04-13-0010; 8414-04-13-0250 - 4.01 acres Patcher/Folk - PID: 8414-04-01-0160 - .28 acres Rothman - PID: 8414-04-03-0010 - .60 acres Acebal- PID: 8414-04-06-0010 - 3.15 acres Hunt - PID: 8414-00-00-0080 - 10.56 acres Mishkin - PID: 8414-04-12-0010 - 1.43 acres LOCATION: South of 35th Street and east of Travelers Palm Drive. ACREAGE: 42.55:l: Acres CURRENT USE OF PROPERTY: All parcels are currently vacant. PROPOSED USE OF PROPERTY: There are no proposals for development at this time. PARCEL IDENTIFICATION NUMBER(S): See above. FUTURE LAND USE: Low Density Residential ZONING DISTRICT: Volusia County A-2(Rural Agriculture) and RC (Resource Corridor) U VOTING DISTRICT: 4 RZ-0201 - Washington Park \. .. ADJACENT CURRENT AND FUTURE LAND USES: o Current Land FLUM Zoning District Use Desi2;nation North Single Family Low Density R-2 (Single Family Residential) Residential Residential (Florida Shores) East Single Family Low Density R-2 (Single Family Residential) Residential/ Residential and RPUD (Residential Planned Vacant Unit Development) South Vacant Low Density RPUD (Residential Planned Unit Residential Development) West Single Family Low Density R-2 (Single Family Residential) Residential/ Residential and RPUD (Residential Planned Vacant Unit Development) ANALYSIS Background: The Washington Park subdivision is located south of Florida Shores and north of the proposed Edgewater Lakes Subdivision. There are 11 property owners who voluntarily annexed their property into the City in November 2001. There is no proposed development in this area at this time. The Comprehensive Land Use amendment was adopted on August 18, 0 2003. The Planning and Zoning Board voted to send a favorable recommendation to Council at their April 9, 2003 meeting. City Council voted to approve the rezoning of these parcels at first reading on September 8, 2003. Land Use Compatibility: The proposed zoning is compatible with the surrounding proposed and existing residential uses, as well as with the Future Land Use designation of Low Density Residential. Adequate Public Facilities: Portions of this property have access to 35th Street. Although there are no development plans for these properties, the proposed densities would not exceed the Level of Service standards for any of the following: . Roadway . Sewer . Drainage . Solid Waste . Recreation . Open Space o RZ-0201 - Washington Park .., I '-> Natural Environment: The vegetation consists of pine flatwoods, live oak, and wetlands. Consistency with Comprehensive Plan: The Zoning Map amendment of these properties is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. Other Matters: There are no other known matters regarding this site. STAFF RECOMMENDATION Staff recommends approval of Ordinance No. 2003-0-19, amending the Official Zoning Map to include certain properties within the Washington Park subdivision, located south of3Sth Street in Florida Shores, as R-2 (Single Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2003-0-19. FINANCIAL IMP ACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES X NO DATE: 9-8-03 AGENDA ITEM NO. 6G '-.) Respectfully Submitted By: ~~f)-~J~i'\ Darren Lear U Robin Matusick Chief Planner Paralegal .~~~\~~~\.\'~' Kenneth R. Hooper \ \ City Manager o RZ-0201 - Washington Park \ I; ORDINANCE NO. 2003-0-19 o AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-2 (RURAL AGRICULTURE) AND RC (RESOURCE CORRIDOR) TO CITYR-2 (SINGLE FAMILY RESIDENTIAL) FOR CERTAIN PROPERTY LOCATED WITIDN THE WASIDNGTON PARK SUBDIVISION WHICH IS LOCATED SOUTH OF 35TH STREET IN FLORIDA SHORES, EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. In an effort to be consistent with the City of Edge water Comprehensive Plan and Land Development Code, the City has submitted an application requesting a change in zoning classification for property owned by Inez Hooks, Harvey Amster, Edmund Amara & Hanna, Andrew o & Keri Hunt, James & Shelly Crowell, Tony Pawlak, Morris & Frances Wyman, Elias Pachter, Robert Rothman, Samuel Acebal and Jack & Mildred Mishkin. The subject properties are located South of 35th Street in Florida Shores, Edgewater, Florida and contain approximately 42.55 i: acres. The requested zoning change would be from County A-2 (Rural Agriculture) and RC (Resource Corridor) to City R-2 (Single Family Residential) for the property described herein. 2. In a letter dated August 20,2003, the City of Edgewater notified by mail the owners of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property. Sttnck tluongh passages are deleted. Underlined passages are added. 2003-0-19 1 o ,J u u u 3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board) considered the request for a change in zoning classification and by a vote of 6 - 0, the Board recommended that the City Council approve the request. 4. On September 8, 2003, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on August 29,2003. 5. On September 22,2003, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on September 15, 2003, 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN Stltl"k tIuongh passages are deleted. Underlined passages are added. 2003-0-19 2 <. .. REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. o The zoning classification for the following described property is hereby changed from County A-2 (Rural Agriculture) and RC (Resource Corridor) to City R-2 (Single Family Residential): The following described real property all lying and being in the County of V olusia and State of Florida. Carlton C. & Inez Hooks: Lots 6, 7,12 through 15 Inclusive, Block 1, WASHINGTON PARK UNIT 6, Map Book 11, Page 73, Public Records of Vol usia County, Florida (Parcel ID #8414-04- 04-0010; 84-04-01-0050; & 8414-04-01-0060). Harvey Amster: Lots 6 through 10 inclusive, of Block 3, WASHINGTON PARK UNIT 6, per Official Records Book 11, Page 73, of Public Records of Vol usia County, Florida. (Parcel ID #8414-04-03-0060). Edmund Amara & Hanna: o All of Block 8, WASHINGTON PARK UNIT 6, according to the map thereof as recorded in Map Book 11, Page 73, of Public Records of Vol usia County, Florida. (Parcel ID #8414-04-08-0010). Andrew & Keri Hunt (previously Jerome & Debra Thomas): Lots 1, of Section 14, Township 18 South, Range 34 East, of TALLAHASSEE MERIDIAN, less and except WASHINGTON PARK PART 6, in Map Book 11, Page 73, of Public Records of V olusia County, Florida. (Parcel ID #8414-00-00- 0080). James & Shelley Crowell: E ~ of NW 10 chains square of lot 2, Sec. 14, Twp 18 S, Rg 34 E otherwise described as, and intended to be East five chains of West ten (10) chains of the North ten (10) chains of Government Lot 2 of Section 14, Township 18 South, Range 34 East according to the official Government Survey, V olusia County, Florida. (Parcel StlOck t!.lougl. passages are deleted. Underlined passages are added. 2003-0-19 3 o . 1 u u o ID #8414-00-00-0040). Tony Pawlak: Lots 1, 2, 3 and 4, Block 1 and Lots 18 to 22, inclusive, Block 1 , WASHINGTON P ARK, UNIT 8, according to the plat thereof as recorded in Map Book 11, Page 73, of the Public Records of V olusia County, Florida. (Parcel ID #8414-04-01-0180 & #8414-04-01-0010). Morris & Frances Wyman: Lots One (1) to Twenty-Four (24) inclusive, Block Thirteen (13), WASHINGTON PARK PART VI, according to the map thereof as recorded in Map Book 11 at Page 72 of the Public Records of Vol usia County, Florida. (Parcel ID #8414-04-13-0010 & # 8414-04-03-0250). and Lots 25, 26 and 27, Block Thirteen (13), WASHINGTON PARK UNIT #6, according to the map thereof as recorded in Map Book 11 at Page 72 of the Public Records of Vol usia County, Florida. Elias Pachter: Lots 16 and 17, Block 1, WASHINGTON PARK PART VI, according to the map thereof as recorded in Map Book 11 at Page 73, of the public records of V olusia County, Florida. (Parcel ID #8414-04-01-0160). Robert Rothman: Lots 1,2,3 and 4, Block 5, WASHINGTON PARK PART 6, according to the map thereof as recorded in Map Book 11, Page 73, Public Records of Vol usia County, Florida (Parcel ID # 8414-04-03-0010). Samuel Acebal: Lots 1 thru 22, inclusive, Block 6, WASHINGTON PARK PART VI, according to the map thereof as recorded in Map Book 11, Page 73, of Public Records of Vol usia County, Florida. (Parcel ID #8414-04-06-0010). Stltl.:-k tluotlgh passages are deleted. Underlined passages are added. 2003-0-19 4 Jack & Mildred Mishkin: Lots 1 to 5, inclusive and Lots 18 to 22, inclusive, Block 12, WASHINGTON PARK P ART VI, according to the map thereof as recorded in Map Book 11, Page 73, of Public Records of Vol usia County, Florida. (Parcel ID #8414-04-12-0010). Containing 45.55 acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Planning Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stltlck tIdongh passages are deleted. Underlined passages are added. 2003-0-19 5 \ o o o u u o PART F. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on September 8, 2003, was as follows: AYE Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Myron F. Hammond x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x After Motion by and Second by the vote on the second reading/public hearing ofthis ordinance was as follows: AYE Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter Stltlck t1uongh passages are deleted. Underlined passages are added. 2003-0-19 6 NAY NAY PASSED AND DULY ADOPTED this 22nd day of September, 2003. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner Stltlck thHnlgh passages are deleted. Underlined passages are added. 2003-0-19 CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal AssistantlParalegal Approved by the City Council of the City of Edgewater at a meeting held on this 22nd day of September, 2003 under Agenda Item No. 7 \ o o o ... . ". " \ \ \ \. . ~ u~ .~ \. .... \ " \ ~ ~~:\\: \ ",I \ \' \ " ---'~ ......:.'.......~ "'-." "'~ qy"''''-. oo~ /0 YJ Q o o I.A. AGENDA REQUEST Date: September 4,2003 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT September 22, 2003 CONSENT OTHER BUSINESS ITEM DESCRIPTION Planning and Zoning Board appointment. BACKGROUND At the September 3,2003 Planning and Zoning Board meeting members reviewed applications to fulfill the vacancy left by Russell Mullen. RECOMMENDATION Board members discussed Richard Martinez, Sandy Jones and Pat Card as the potential replacement for the remainder of the term. ACTION REQUESTED Motion to appoint a new Planning and Zoning Board member to fulfill the remainder of Russell Mullen's term, expiring on June 9, 2006. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: ~nf'tti 0 . LU Qh ~.D Bonnie Wenzel Planning & Zoning Board Coordinator <J o o ~.(\. AGENDA REQUEST C.A. NO.: 2003-151 Date: September 4,2003 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT 09/22/2003 OTHER BUSINESS ITEM DESCRIPTION: The Police Department is seeking authorization to expand the traffic enforcement program by the addition of two (2) additional motorcycle units with associated equipment for a cost of $8,085.00 each. The cost of one (1) unit has been included in the 2003-2004 fiscal budget with a request for one (1) unit to be approved as an expense of Law Enforcement Trust Funds (LETF). BACKGROUND: The City currently has a Motorcycle Lease Agreement with New Smyrna Harley-Davidson for two (2) motorcycle units. The Police Department is requesting that the City Council approve the addition of two (2) new units to be included by Addendum to the existing Lease Agreement. Upon expiration ofthe current Lease Agreement on March 31, 2004, the Police Department is also requesting Council approve the City Manager to execute the new Lease Agreement which will continue the enhanced traffic enforcement program for the four (4) Harley-Davidson motorcycles. ST AFF RECOMMENDATION: Staffrecommends approval for the expenditure of $8,085.00 from Law Enforcement Trust Funds for addition of one (1) Police Motorcycle unit, the additional unit already included in the 2003-2004 budget and that City Council authorize the City Manager to execute the new Motorcycle Lease Agreement for all four (4) units in March 2004. ACTION REQUESTED: Motion to approve and authorize the City Manager to execute the Addendum to the Motorcycle Lease Agreement for addition of two (2) Police Motorcycle Units and execute the renewal in March 2004 with an expenditure from the 2003-2004 Law Enforcement Trust Fund in the amount of $8,085.00 for one (1) unit, with one (1) unit to be from the Police Department budget. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, ~f1~tsi Police Chief Concurrence: Q~0(r--dt ).~~6 Robin L. Matusick Legal Assistant/Paralegal ~~ City Manager -- rim o o o u o u PUBLIC HEARING AGENDA REQUEST Date: September 9.2003 RESOLUTIONS CONSENT OTHER BUSINESS Sept. 22. 2003 ITEM DESCRIPTION: q ,(\. ORDINANCE CORRESPONDENCE Mr. Charles Clark, owner of a vacant lot previously known as 132 Highland Avenue, has requested reduction or waiving of liens placed against this property prior to his purchase. The Code Enforcement history of this property dates back to 1995 when a fine was imposed for an unsecured structure. The building was eventually demolished at a cost to the City. The property has been maintained (grass cut by City staff) since that time. The total costs are as follows: . Demolition lien . Property maintenance liens . 6% interest on liens . Outstanding utility bill . GRAND TOTAL BACKGROUND: ST AFF RECOMMENDATION: 1674.00 237.50 - 114.69 3474.00 ~ 5500.19 ~ \S0 ~\ . f:> \a /flIP X~ tP ~\. I};\ . Staff recommends that the City Council not reduce or waive the amounts owed the City as these represent funds spent by the City for the maintenance of the property. ACTION REQUESTED: Motion to deny the request to waive or reduce liens. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: DATE: N/A YES NO XX AGENDA ITEM NO. ~uMd Robin Matusick, \ Paralegal \... Y-,.~~~~~ Kenneth R. Hooper . City Manager .t.. , , THE 'CITY'()p'EDGEWA'TER , .," ',POST'OFFicE BOX 100-EDGEWATER,FLORJDA '32132-0100 '. o Date: 9/2/03 To: 'Captain Danigel ' From: M. M cG ratti Subject: 132 Highland Ave. 8/1/95: Case# 95-C E,0087: 'Gode"!?oa:rd in1p~,se~ a ffhe of:$30.00'p~r'daYfor ,', ' an unsecured structure.' ~elleve'they cOrTIplje99'days later, lien $270.00;' , 9/15/95 Lot clearing ,lien' (B#4037PG#21S7YAmountdue $,50:00 +:6% interest. ' '. ",,' , ;..,. . ,".- "',' '.: " .: ".:" ".,. , '. "... -". ' " 'II! ,. , : ~ "' ,.".... .' 3/6/96 Structure deemed unsafe by the buiidingofficial, must Qe ~epaired or demolished within 60 days; ',', ' . . "~'I 3/7/96 Unsafe buildingn,otice receivedbY~~:,Gillfga'r)'vIa'certifi~dmail. ,: 3/13/96 Unsafe buil'ding n~tice recei~~d by Mr.W~bb:viaCertified,rnaiL, ." .... , J. : o 4/9/96 Posting of unsafe builqing db 'not oc~upy; , . ,.", '., ' 5/7/96, The 60-day'no~ice'to repair Qr demolish~d e'xpire9' ,Dunn-advises.City:. ' they may have to repair or'demo,lisne~. ',,:" , . .' . ~. . " ..,. ~. 5/15/96 Weaver ~ubr)1itsestimatet9 demolish house, , ":. .,', ." ..... ," 6/10/96 H Quse ,demolished byw~?ve~:constr~cti~ria!"a~costof 'l,600~Oq.:, ,. 7/2/96 ; Notice of sate bGilding' recorded 'at the Clerk'Of. the Court (B411'9PG294). __t. ':" , " , . 7/5/96 City of Edgewater,files demolition lien forli67,4:00; " ',-'." , , I .: , 11/21/97 Lot tiearing' lien (B#4254PG#2120)~niOLJ;,~,~ue 62.50 +~% interest. ' 1/3/01, Lot clearing lieh(B#46}ipG#~646)'amo'L1ntduej25.00 + 6%, interest 6/03 G ravestone"discovered 'o.n property CA.nn.:Curry);, , ' ; ~ . . ,r _', , " "" 7/03 Discove'red Ann Curry is.'not' burfed ,on 'site. " '. . 9/2/03,', Outstanding utiHties bill 3,47,4.00. ' o . ';.... . ". ' ". ., <.; o o PUBLIC HEARING q~ AGENDA REQUEST Date: 9/15/03 RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS xx ITEM DESCRIPTION: BACKGROUND: Work Order for Engineering Services to Gierok Engineering, Inc. for Park Towne Industrial Center Engineering Work Order 2002-13 This proposed work order is for construction phase engineering and inspection services relating to Pullman Road which includes: periodic site inspections, providing contract clarifications, reviewing/responding to RFI's reviewing/recommending contract changes reviewing/recommending partial and final payment applications, reviewing/approving shop drawings, attending periodic construction meetings, providing geotechnical testing, and providing engineering recommendations, guidance throughout the project and final certification of completion. Engineering Work Order 2002-14 This proposed work order is for design bidding, and construction services for drainage and utility improvements to accommodate existing and proposed development within Phase I of Park Towne Industrial Center. The proposed engineering services addresses drainage improvements, sanitary sewer design, and irrigation improvements along Timaquan Trail. Please refer to the attached proposal for project specifics. Engineering Work Order 2002-15 This proposed work order is for design, bidding, and construction services for 1,500 linear feet of roadway, utility, and drainage expansion including up to eight acres of pond area for Park Towne Industrial Center in conformance with the purchase sale agreement with Mr. John Massey. Please refer to the attached proposal for project specifics. STAFF RECOMMENDATION: Staff recommends approval of the proposed work orders (Gierok Engineering, Inc.) to provide design, bidding, permitting, construction management and inspection services related to road and associated utilities improvements in Park Towne Industrial Center. . The engineering fees associated with the work orders have been negotiated as follows: Engineering Work Order 2002-13 Engineering Work Order 2002-14 Engineering Work Order 2002-15 $37,980.00 $86,850.00 $86,820.00 ACTION REQUESTED: A motion to approve the engineering services work orders (Gierok Engineering, Inc.) to provide design, bidding, permitting, construction management and inspection services relating to road and associated utilities improvements in Park Towne Industrial Center, and authorization for the City Manager to execute the related work orders. (2002-13,2002- 14,2002-15). FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: ~ YES NO DATE: AGENDA ITEM NO. Respectfully submitted, ~~.\.0~~ Department Dl ctor ~ J ~. ~~h<bI~ Robin Matusick, Paralegal "- ~ \\?'v Kenneth R. Hooper City Manager C:\MyDociments\TerrysFiles\AgendaRequest ~ \ o o o ... 1 <.) o o P.O. 2003-641 WORK ORDER NO. 2002-13 AGREEMENT FOR PROFESSIONAL SERVICES GIEROK ENGINEERING, INC. PROJECT: ParkTowne Industrial Center Pullman Road - Construction Services (PRO 0318) CITY: Edgewater, Florida CONTRACTED PROFESSIONAL: Gierok Engineering, Inc. Execution of Work Order Number 2002-13 by the City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to this Work Order, to perform the professional services as listed in the attached Proposal relating to construction of Pullman Road including periodic site inspections, contract clarifications, reviewing/responding to RFI's, contract changes, payment applications, shop drawings, construction meetings, providing geotechnical testing and engineering recommendations throughout the project pursuant to the Scope of Services (attached hereto and incorporated herein as Attachment "A"). TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed a period of ninety (90) days. COMPENSATION: The total fee for this Project will not exceed an amount of thirty-seven thousand nine hundred (AgreementlEngineering Services - Gierok - Work Order#2002-13) 1 eighty and nollOO dollars ($37,980.00). Each invoice shall also be accompanied by a written "- concurrence from the Director of Environmental Services. o CITY OF EDGEW A TER, FLORIDA Dated: By: Kenneth R. Hooper City Manager WITNESSES: GIEROK ENGINEERING, INC. B4v.~ Kathleen NJGierok, P.E. President o Dated: 9' 3'03 o (AgreementJEngineering Services - Gierok - Work Order#2002-13) 2 1 ~ Gierok 6f1gineering, Inc. Civil Design and Construction Services August 14, 2003 PRO 0318 Mr. Terry Wadsworth City of Edgewater P.O. Box 100 Edgewater, FL 32132 SUBJECT: Proposal for Engineering Services Pulh;nan RoadlParkTowne Industrial Center Construction Services Dear Terry: We are pleased to present this proposal for construction services for above-referenced project. The City has requested our services to oversee the construction of Pullman Road and associated utilities, being completed in conjunction with NIT Holdings development contract. The project includes the continuation of services related to our design of 800 LF of roadway and associated potable water, sanitary sewer, and stormwater piping and stormwater ponds in the ParkTowne Industrial Center. o Our services are specifically described in Attachment A, Scope of Services, and are generally described as construction services including making periodic site inspections, providing Contract clarifications, reviewing/responding to RFIs, reviewing/recommending contract changes, reviewing/ recommending partial and [mal payment applications, reviewing/approving shop drawings, attending periodic construction meetings, providing geotechnical testing, and providing engineering recommendations and guidance throughout the project. We have obtained the sub consultant services of Universal Engineering Sciences to assist us with the completion of these tasks. We are prepared to complete these tasks within the current time constraints ofthe Contract for a lump sum of$37,980. We appreciate the opportunity to work on a continuing basis with the City of Edgewater. If you have any questions or require further clarification do not hesitate to contact me. Very Truly Yours, GIEROK ENGINEERING, INC. J}-J.-UJ. P Kathleen N. Gierok, P.E. Principal o 1835 Edgewater Drive. Orlando. Florida. 32804 407.244. [$580 . fax 407.244.8581 . emai/: gierok@cfJ.rr.com Attachment A - Scope of Services Pullman RoadIParkTowne Industrial Center Additional Design and Construction Services Insp/ Task No. TASK DESCRIPTION/SCOPE OF SERVICES P.M. P.E. CAD WP Total Fee estimate is based upon a six month construction contract. $90/HR $75/HR $50/HR $40/HR Additional Design and Bidding Services 1 Contractor/Developer coordination 18 10 8 18 54 2 Review of Developers plans for compliance with the Covenants of Park Towne Industrial Center. 6 10 2 2 20 Additional Construction Services Attend periodic progress and specially called meetings 3 throughout progress of work. Number of specially called meetings estimated at eight (8) with an average duration of two (2) hours. 16 8 0 4 28 Provide periodic site inspection for the project for the purpose of determining if the work is proceeding in compliance with 4 the construction permit and approved plans and specifications. Gierok Eng. will advise City of any defect of deficiency in the work. 10 5 96 20 131 5 Review and approve Shop Drawings, Product Data and Samples. 8 32 0 40 80 Review field questions and or problems (RFI's) and provide 6 interpretation of Contract Documents. Issue written clarifications or interpretations of Contract Documents as necessary. 24 12 8 8 52 7 Certify Partial and Final Pay Requests and associated releases ofIiens. 20 8 0 8 36 Review, recommend and assist in negotiation of contract 8 modifications. Number of contract modifications estimated at six (6). 20 10 5 8 43 Gierok Eng. to coordinate soils consultant for the soils 9 compaction and materials testing to verify compliance with the Contract Documents. 10 10 0 8 28 . Conduct substantial and final completion inspections to 10 determine if Work is complete and prepare and distribute a , punch list of items to be addressed. 8 0 0 1 9 11 Review of as-builts and completion of record drawings based upon as-builts supplied by the Contractor's surveyor. 4 8 12 4 28 12 Prepare final change order and project close out. 4 4 0 2 10 Total Manhour Estimate 148 117 131 123 519 Total Man hour Fees $13,320 $8,190 $6,550 $4,920 $32,980 Other Direct Costs 13 Geotechnical Subconsultant $4,000 14 Mileage, phone, fax, plotting, printing $1,000 Total Estimated Fees $37,980 I '" 0: q i ! o . ~ '" () o o P.O. 2003-646 WORK ORDER NO. 2002-14 AGREEMENT FOR PROFESSIONAL SERVICES GIEROK ENGINEERING, INC. PROJECT: ParkTowne Industrial Center, Phase I Drainage & Utility Improvements (PRO 0319) Design, Bidding & Construction Services CITY: Edgewater, Florida CONTRACTED PROFESSIONAL: Gierok Engineering, Inc. Execution of Work Order Number 2002-14 by the City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to this Work Order, to perform the professional services as listed in the attached Proposal relating to development and implementation of a drainage design to accommodate existing and proposed development within ParkTowne, Phase I, to include but not be limited to design, bidding and construction services for drainage and utility improvements pursuant to the Scope of Services (attached hereto and incorporated herein as, Attachment "A"). TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed a period of one hundred twenty (120) days. COMPENSATION: The total fee for this Project will not exceed an amount of eighty-six thousand eight hundred (Agreement/Engineering Services - Gierok - Work Order#2002-14) 1 fifty and noll 00 dollars ($86,850.00). Each invoice shall also be accompanied by a written '" concurrence from the Director of Environmental Services. o CITY OF EDGEW A TER, FLORIDA Dated: By: Kenneth R. Hooper City Manager WITNESSES: GIEROK ENGINEERING, INC. ~'/Jd~_ -..p~ ~ BY:~ I- J. ~ Kathleen N. erok, P.E. President o Dated: 9.8'03 o (Agreement/Engineering Services - Gierok - Work Order#2002-14) 2 'J" Gierok Engineering, Inc. U . OO~@~llW~rn)~ r Civil Design and Construction Services . ~llV A1TORN~ J August 22, 2003 PRO 0319 Mr. Terry Wadsworth City of Edgewater P.O. Box 100 Edgewater, FL 32132 SUBJECT: Proposal for Engineering Services Phase 1. (parkTowne Industrial Center) Drainage and Utility Improvements Design, Biddingand Construction Services Dear Terry: We are pleased to present this proposal for engineering services for above-referenced project. The City has requested our services to develop and implement a drainage design to accommodate existing and proposed development within Phase 1 of Park Towne Industrial Center. The project includes the continuation of services related to our conceptual layout provided in our preliminary analysis report titled ParkTowne Industrial Center Phase 1 Drainage Modifications. The proposed design addresses drainage improvements, sanitary sewer design, and irrigation improvements along Timaquan Trail. o Our services are specifically described in Attachment A, Scope of Services, and are generally described as design, bidding and construction services for the development of the identified drainage and utility improvements. We have obtained the subconsultant services of Bechtol Engineering and Testing, Inc. (geotechnical), Honeycutt and Associates (survey) and ESI (environmental) and Spade Irrigation (irrigation) to assist us with the completion of these tasks. We are prepared to complete the design portion of the tasks within 120 days of a written notice to proceed. The design will be coordinated as much as possible with the development of the adjacent properties.. Bidding and construction phase services will be completed in accordance with a reasonable schedule developed during the design contract. We propose to complete all tasks for a lump sum of $86,850. We appreciate the opportunity to work on a continuing basis with the City of Edgewater. If you have any questions or require further clarification do not hesitate to contact me. Very Truly Yours, GIEROK ENGINEERING, INe. ~.~ O Kathleen N.Gierok, P.E. President 1835 Edgewater Drive. Orlando. Florida. 32804 407.244.8580 . fax 407.244.8581 . email: gierok@cfl.rr.com 'v Attachment A - Scope of Services (PRO-0319) o P.M./ CADI Task No. TASK DESCRIPTION/SCOPE OF SERVICES C.A. P.E. Insp. WP Total $90/hr $75/hr $50/hr $40/hr PART A DESIGN AND PERMITTING SERVICES I Meet with City Staff to confirm pond configuration and design premise. 4 4 I I 10 2 Coordinate with affected property owners to develop an implementation schedule and needs assessment. 24 12 2 2 40 3 Assist in obtaining required easements for drainange and sanitary sewer facilities. 12 8 4 4 28 4 Reviw current data, mapping and design parameters 8 8 2 2 20 5 Coordinate all preliminary design services including surveying and geotechnical services 12 24 3 8 47 Develop project construction plans for three (3) ponds and 6 connections to outfalls and 1200 LF of sanitary sewer piping including the following sheets: (1) Cover Sheet/General Notes (1) Overall Site Plan (3) Grading Plan (5) Profile (3) Details 24 40 72 8 144 7 Develop Project Specifications and Contract. 40 8 2 20 70 8 FDEP Permitting 4 8 4 4 20 9 SJRWMD Permitting 6 16 5 4 31 Submit set(s) of construction plans to City to review at 60% and 10 90% completion levels. Revise plans per City comments. Includes two meetings with City Staff. 16 24 16 4 60 1 I Prepare and submit six (6) sets offmal construction plans/documents (100% complete) to City. 1 2 4 4 11 SUBTOTAL WORKHOURS-PART A 151 154 115 61 481 SUBTOTAL HOURLY FEES - PART A $13,590 $11 ,550 $5,750 $2,440 $33,330 PART B BIDDING AND CONSTRUCTION PHASE SERVICES 1 Bidding assistance. 8 10 8 16 42 2 Conform Contract Documents 8 12 8 16 44 3 Prepare pre-con booklet, conduct and attend precon meeting. 12 4 0 4 20 SUBTOTAL WORK HOURS - PART B 28 26 16 36 106 SUBTOTAL HOURLY FEES - PART B $2,520 $1,950 $800 $1,440 $6,710 PART C CONSTRUCTION PHASE SERVICES Attend periodic progress and specially called meetings throughout 1 progress of work. Number of specially called meetings estimated at eight (8) with an average duration of two (2) hours. 16 8 0 4 28 Provide periodic site inspection for the project for the purpose of 2 determining if the work is proceeding in compliance with the construction permit and approved plans and specifications. Gierok Bng. will advise City of any defect of deficiency in the work. 10 5 96 20 131 City of Edge water ParkTowne Industrial Center -Phase 1 Drainage and Utility Improvements Coordination, Design, Bidding and ConstruCtion Services : I o o .' ' u Attachment A - Scope of Services (PRO-0319) c P.M.I CADI Task No. TASK DESCRIPTION/SCOPE OF SERVICES C.A. P.E. Insp. WP Total 3 Review and approve Shop Drawings, Product Data and Samples. 6 24 0 24 54 Review field questions and or problems (RFI's) and provide 4 interpretation of Contract Documents. Issue written clarifications or interpretations of Contract Documents as necessary. 18 12 8 8 46 5 Certify Partial and Final Pay Requests and associated releases of liens. 16 8 0 8 32 Review, recommend and assist in negotiation of contract 6 modifications. Number of contract modifications estimated at six (6). 20 10 5 8 43 Gierok Eng. to coordinate soils consultant for the soils compaction 7 and materials testing to verify compliance with the Contract Documents. 10 24 0 8 42 I\....onouct substantial and tmal completIOn mspectIons to determme 8 if Work is complete and prepare and distribute a punch list of items to be addressed. 8 0 0 I 9 9 Review of as-builts and completion of record drawings based upon as-builts supplied by the Contractor's surveyor. 4 8 12 4 28 10 FDEP and SJRWMD permit closeout 3 6 2 2 13 11 Prepare final change order and project close out. 4 4 0 2 10 115 109 123 89 436 $10,350 $8,175 $6,150 $3,560 $28,235 OTHER DIRECT COSTS Topographic Survey (Design phaseonly)(Includes topographic survey for parcel A-7, +1-1.5 acre pond area on Oscar Zellar's I property, +1-2.5 acres pond area to the south of Boston Whaler and a 30-foot utility and drainage easement along Oscar Zellar's property along Timaquan Trail.) $4,140 2 Tree Survey (Includes parcels A-3, A-4, A-5, and A-7) $3,335 3 Geotechnical Services (Design Services only) $3,800 4 Environmental Services (Design Services only) $3,700 5 Irrigation Design $2,500 6 Deliverables (60%, 90% 100% Contract Documents, SJRWMD permitting submittals) $600 7 Mileage, Fax and Phone $500 SUBTOTAL -ODC $18,575 PROJECT TOTALS $16,110 $13,500 $6,550 $3,880 $86,850 City of Edgewater ParkTowne Industrial Center -Phase 1 Drainage and Utility Improvements Coordination, Design, Bidding and Construction Services o P.O. 2003-653 o WORK ORDER NO. 2002-15 AGREEMENT FOR PROFESSIONAL SERVICES GIEROK ENGINEERING, INC. PROJECT: ParkTowne Industrial Center Massey Roadway, Drainage & Utility Development (PRO 0320) Design, Bidding and Construction Services CITY: Edgewater, Florida CONTRACTED PROFESSIONAL: Gierok Engineering, Inc. Execution of Work Order Number 2002-15 by the City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to this Work Order, to perform the 0 professional services as listed in the attached Proposal and in conjunction with the purchase/sale agreement with John Massey, services relate to design and implementation of I ,500 LF of roadway, utility and drainage expansion including up to eight acres of pond area including design, bidding and construction services for the development of the identified roadway drainage and utility improvements pursuant to the Scope of Services (attached hereto and incorporated herein as Attachment "A"). TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed a period of one hundred fifty (150) days. (Agreement/Engineering Services - Gierok - Work Order#2002-15) I o " . u o '-> COMPENSATION: The total fee for this Project will not exceed an amount of eighty six thousand eight hundred twenty and noll 00 dollars ($86,820.00). Each invoice shall also be accompanied by a written concurrence from the Director of Environmental Services. CITY OF EDGEW ATER, FLORIDA Dated: By: Kenneth R. Hooper City Manager WITNESSES: GIEROK ENGINEERING, INC. By: Kathleen N. Gierok, P.E. President Dated: (Agreement/Engineering Services - Gierok - Work Order#2002-15) 2 ........ . Cierok. Engineering, Inc. " eMI ""(~'. ..~ Const",q/.. Serv"" 0 September 12,2003 PRO 0320 Mr. Terry Wadsworth City of Edgewater P.O. Box 100 Edgewater, FL 32132 SUBJECT: Proposal for Engineering Services Massey Roadway, Drainage, and Utility Development Design, Bidding and Construction Services Dear Terry: Weare pleased to present this proposal for engineering services for above-referenced proj ect. The City has requested our services to design and implement 1,500 LF of roadway, utility and drainage expansion including up to eight acres of pond area, for ParkTowne Industrial Center in conformance with. the purchase sale agreement with Mr. John Massey. Our services are specifically descnbed in Attacbment ~ ScQpe of Services. and are generally described as design, bidding and construction services for the development of the identified roadway drainage and utility improvements. We have obtained the subconsultant services of Universal Engineering Sciences (geotechnical), Honeycutt and Associates (survey) and Miller, 0 Sellen, Connor and Walsh (environmental) to assist us with the completion of these tasks. We are prepared to complete the design portion of the tasks within 150 days of a written notice to proceed. The design will be coordinated as much as possible with the development of the adjacent properties. Bidding and construction phase services will be completed in accordance with a reasonable schedule developed during the design contract. We propose to complete all tasks for a lump sum of $86,820. We appreciate the opportunity to work on a continuing basis with the City of Edgewater. If you have any questions or require further clarification do not - hesitate to contact me. v cry Truly Yours, GIEROK ENGINEERING, INC. cj)~.~ Kathleen N. Gierok, P.E. President 1835 EdgewDter Drive. Orlando. Florida. 32804 407.244.8580 fax 407.244.8581 . una/I: gJerak@cfl.rr.com o -, u o o Attaclnnent A - Scope of Services Massey Roadway, Drainage, and Utility DevelopmentIParkTowne Industrial Center Design and Construction Services IDSpI Task No. TASK DESCRlPTIONISCOPE OF SERVICES P.M. P.E. CAD WP Total tFee estllWlte Is bued upon a eidt (8) month construction contract. S901HR $75/HR SSOIHR $401HR 1 Coordination with City and developer 8 6 2 2 18 Analyze exIsting conditions for the Massey and Morgan 2 properties and develop a conceptual layout for the proposed roadway and drainage system for approximately 100 acres of land. 8 20 8 4 40 3 Develop a report stating the findings of tile analysis 4 10 2 4 20 SUBTOTAL WORK HOURS - PART A 20 36 12 10 78 SUBTOTALHOURLYFEES-PART A $1,800 $2700 $600 $400 $5.500 tDesl2n Services 1 Meet with City Staff and developer to confirm roadway aIisznment and oond confiwration and dcsi se. 4 4 1 1 10 2 Coordination with property owner to develop an implementation schedule and needs assessment. 10 4 2 2 18 3 Assist in obtaining required easements for drainange fucilities and utilities (if necessary). 4 4 1 1 10 4 Reviw current data. and desil!llDarameters 8 8 2 2 20 5 Coordinate all preliminary design services including surveying and lteotecbnical services 16 10 2 8 36 Develop project oonstruction plans fur 1500 Lt' at roadway, stonnwater piping, two (2) ponds 1500 LF of sanitary sewer 6 and potable water piping including the following sheets: (I) Cover Sheet/General Notes (I) Overall Site Plan (1) Grading Plan (3) Profile (2) Details 24 40 80 8 15 7 Devcloo PrQiect Soecifieatioos and Contract. 40 12 2 20 7 8 FDEPPermitting 8 8 4 4 2 9 SJRWMD PermittiIut 12 24 8 8 5 Submit set(s) of construction plans to City to review at 60% 10 and 90% completion levels. Revise plans per City connnents. Includes two me~s with City Staff. 10 16 12 4 42 11 Prepare and submit SIX (6) sets oltmal construction plans/documents (1()()o,4 complete) to City. 2 4 6 6 18 SUBTOTAL WORK HOURS - PART A 138 134 120 64 456 SUBTOTAL HOURLYFEES-PART A $12,420 $10,050 $6,000 $2.560 $31,030 Blddiug Services 1 CootractorlDeveloper coordination 12 4 4 12 32 2 g Construction Documents 6 6 10 10 32 SUBTOTAL WORK HOURS - PART B 18 10 14 22 64 SUB".uTA. Y ....EJi2i - PART II $1,620 $750 $700 $880 $3.95<l Attaclnnent A - Scope of Services Massey Roadway, Drainage, and Utility Development/ParkTowne Industrial Center D. d C tructi S . eSlgn an ons on ervIces InspJ Task No. TASK DESCRIPTION/SCOPE OF SERVICES P.M. PA CAD WP Total Con&tructloD Serv1c:es 1 Conduct and attend Pre-construction meeting. including !preparation of a Pre-construct.ion Booklet. 12 4 0 4 20 Attend periodic progress and specially called meetings 2 throughout progress of work. Number of specially called meetings estimated at eight (8) with an average duration of two (2) hours. 24 8 0 8 40 Provide periodic site inspection for the project foc the purpose 3 of determining if the work is proceeding in compliance with the construction permit and approved plans and specifications. Gierok Eng. wm advise City of any defect of deficiency in the work. Regulae site visits are anticillated for seven (7) months. 14 7 140 30 191 4 Review and approve Shop Drawings, Product Data and Samples. - 8 36 0 24 68 Review field questions and or problems (RFI's) and provide 5 interpretation of Contract Documents. Issue written clarifications or inrerpretatioos of Contract Documents as n ]2 10 4 4 30 6 CertifY Partial and Final Pay Requests and associated releases ofliens. 24 8 0 8 4(] Review, recommend and assist in negotiation of contract 7 modifications. Number of contract modifications estimated at five(S). 20 5 4 5 34 Gierok Eng. to coordinate soils consultant foc 1lte soils 8 compaction and materials testing to verify compliance with the Contract Documents. 12 24 0 8 44 Conduct substantial and final completion inspectioos to 9 detcnnine if Wcrk is complete and prepare and distribute a ,punch list ofitems to be addressed. 8 0 0 2 10 to Review of as-builts and completion ofn:cord drawings based upon as-builts supplied by the Contractor's surveyor. 4 4 2 2 1 11 Prepare final change ocder and project close out. 10 5 0 4 1 SUBTOTAL WORKHOURS~PART C 148 111 150 99 50 FEES - PART C $13,320 $8.325 $7,500 $3.960 $33.105 Other Direct C08UJ 1 Survey Services (Includes topo SIJl'Vey ofroadway a1igmnent and 1lD to eillht (8) acres of oond area.) $4,235 2 Oeotechnical Services (Design services only. lncludes 8 soil bocinRS) $4.500 Environmental Services (Wetland Location only- Threatened 3 and Endangered Species permitting to be completed by developer.) $3,00 4 Milea2e. phone. fax, })lottin~ lJrintinJt $1,50 SUBTOTAL ~ ODO $13.23 Total Estimated Fees $86,820 't o o -0 u o o \. AGENDA REQUEST Date: September 10. 2003 PUBLIC HEARING 09/22/2003 RESOLUTION ORDINANCE CONSENT OTHER BUSINESS CORRESPONDENCE ITEM DESCRIPTION: Ordinance No. 2003-0-22 Millage Rate Ordinance No. 2003-0-23 Budget for fiscal year 2003 - 2004 BACKGROUND: In accordance with Florida statutory requirements, the City of Edgewater advertised a Notice of Public Hearing informing the public/citizens of the Special MeetinglPublic Hearing regarding the final millage rate and budget for the fiscal year 2003 - 2004. On July 21, 2003, Council approved advertising a millage rate of 6.95 mills per $1,000.00 of assessed taxable value. This millage rate is the same as last fiscal year 2002-2003. On June 15, 2003, Council reviewed the preliminary budget for Fiscal Year 2003-2004. The final budget is attached with the changes requested by Council at that meeting and the first reading of this ordinance. STAFF RECOMMENDATION: Staff respectfully recommends that Council consider approval of Ordinance No. 2003-0-22 and Ordinance No. 2003-0-23 which adopts the final millage rate and budget for fiscal year 2003 - 2004. ACTION REQUESTED: Approval of Ordinance No. 2003-0-22 and 2003-0-23. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES X NO DATE: 9/22/03 AGENDA ITEM NO. ---.l Respectfully submitted, Concurrence: L/d~/~ ~. WIlhams Finance Director ~ ~i'rl,;d,.J::-.J'.r. .J\ Robin L. Ma usick \ Legal Assistant ~l~cfJ;~ Kenneth R. Hooper City Manager o o o Q o o ORDINANCE NO. 2003-0-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF EDGEWATER FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, STATING THE PERCENTAGE BY WHICH THE MILLAGE RATE EXCEEDS THE ROLLED-BACK RATE COMPUTED PURSUANT TO SECTION 200.065, FLORIDA STATUTES; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City of Edgewater, Florida, has received the report of the V olusia County Property Appraiser dated July 1, 2003, stating the amount of assessed values which he has certified to the Florida Department of Revenue for non-exempt real and tangible personal property within the City for the year 2003; and 2. In order to provide the revenue necessary for the operation of the City for its Fiscal Year beginning October 1,2003, and ending September 30,2004, the City Council of the City of Edgewater has determined the rate of ad valorem tax levy that must be assessed for the year 2003; and 3. The provisions of Chapter 200 of the Florida Statutes prescribing the method of fixing millage have been complied with; NOW, THEREFORE, BE IT ENACTED by the City Council ofthe City of Edgewater, Florida as follows: Stltlc,k tlHotl~ll passages are deleted. Underlined passages are added. 2003-0-22 I SECTION 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution ofthe State of Florida and Chapters 166 and 200, Florida Statutes. SECTION 2. Millage Levy. The City Council of the City of Edgewater hereby adopts, establishes and levies a millage rate for ad valorem taxation of real and business personal property within the City of Edgewater, Florida, for the fiscal year beginning October 1, 2003 and ending September 30, 2004, at the rate of $6.95 per $1,000 of assessed valuation. SECTION 3. Percentage Increase of Rolled-Back Rate. The millage rate, as herein levied, exceeds the rolled-back rate computed pursuant to Section 200.065, Florida Statutes, by 8.56%, such percentage increase being characterized as the percentage increase in property taxes adopted by the City Council of the City of Edgewater. o SECTION 4. Millage Adjustment. The City Council hereby authorizes the City Manager 0 to administratively provide the Property Appraiser with the millage adjustment, pursuant to his report of the aggregate change in the assessment roll as provided for by Section 200.065(5), Florida Statutes. SECTION 5. Collection of Taxes. The tax shall be collected by the Volusia County Tax Collector, subject to discounts prescribed by law, and distributed to the City in accordance with Florida law. SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. StlUGk thlough passages are deleted. Underlined passages are added. 2003-0-22 2 o o SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. SECTION 8. Adoption. After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on the first reading of this ordinance held on September 8, 2003, was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Mryon F. Hammond X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X <.) After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter <.) StI tick till otlg,l. passages are deleted. Underlined passages are added. 2003-0-22 3 PASSED AND DULY ADOPTED this 22nd day of September, 2003. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner StI nck till ongh passages are deleted. Underlined passages are added. 2003-0-22 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 22nd day of September, 2003 under Agenda Item No. 4 o o o ... Q o .0 ... '> ORDINANCE NO. 2003-0-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA; ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2003 AND ENDING SEPTEMBER 30, 2004; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. The City Manager of the City of Edge water, Florida has submitted an estimate of the expenditures necessary to carry on the City Government for the Fiscal Year beginning October 1, 2003 and ending September 30, 2004;and 2. The estimated revenues to be received by the City during said period from Ad Valorem taxes and other sources have been submitted to the City Council; and 3. All applicable legal requirements pertaining to public notices and hearings have been satisfied within specified deadlines and prior to final adoption of this Ordinance; and 4. The City Council has, in meeting duly assembled, examined and carefully considered the proposed budget; NOW, THEREFORE, BE IT ENACTED by the City Council of the City of Edge water, Florida as follows: SECTION 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Ordinance pursuant to Article VIII ofthe Constitution of the State of Florida and Chapters 166 and 200, Florida Statutes. SECTION 2. Adoption of Final Budget. Attached hereto as Schedule "A" and incorporated herein by reference is the final budget for the City of Edgewater for the Fiscal Year beginning Stltlck t1uongh passages are deleted. Underlined passages are added. 2003-0-23 1 . , October 1,2003 and ending September 30,2004, said final budget being hereby confirmed, adopted <<I- and approved in all respects by the City Council of the City of Edgewater. SECTION 3. Appropriations. There are hereby expressly appropriated out of anticipated o revenues all funds and monies necessary to meet the appropriations stipulated by and in said final budget. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. SECTION 6. Adoption. After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the o first reading of this ordinance held on September 8, 2003, was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Myron F. Hammond X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X Stl t1Gk tIll otlgh passages are deleted. Underlined passages are added. o 2003-0-23 2 u Q u l After Motion by and Second by the vote on the second reading of this ordinance was as follows: Mayor Donald A. Schmidt Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter AYE NAY PASSED AND DULY ADOPTED this 22nd day of September, 2003. ATTEST: Susan J. Wadsworth City Clerk F or the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner StI11ck t111011~h passages are deleted. Underlined passages are added. 2003-0-23 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 22nd day of September, 2003 under Agenda Item No. 3