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Home My WebLink About04092003 SPECIALHOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES WORKSHOP WEDNESDAY, APRIL 9,2003 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Barnes called the workshop to order at 6:00 p.m. The Pledge of Allegiance was recited. ROLL CALL City Council Present: Mayor Walter Barnes Vice-Mayor Raymond Coniglio Councilmember Joe Barczyk Councilmember James Hill Councilmember Nathan McCollum Staff Present: City Manager, Terrence Moore City Attorney, Rich Stringer City Clerk, Sally Maio Deputy City Clerk, Jeanette Williams City Engineer, David Fisher City Council Workshop April 9, 2003 Page Two 4. WORKSHOP ITEMS A. Canal Seawall Enhancement Policy Introduction by City Manager The City Manager briefly introduced the item, noting that there has been some input from citizens that there had been a policy established by former Council in the early 80's, however, no policy had been located upon review of City records. II. Presentation of Options by Department of Enqineerin.q The City Engineer distributed backup regarding Cape Coral's seawall and canal program, and addressed City Council on the matter, citing his discussions with other cities with canal issues. He stated if seawalls were to be fixed they would be so for aesthetic or hydrologic reasons. He further described the hydrologic quantitative and qualitative considerations, the bottom line concern being the pollutants being discharged into the St. Sebastian River. He said best management practices could include involvement of St. Johns River Water Management District. Policy options are either fix them or don't fix them, and by not fixing them it is not clear what the outcome would be. He said fixing either all of the seawalls or some of the seawalls also has to be considered. He discussed methods for fixing the seawalls and cited the most cost effective and aesthetically pleasing would be a rock revetment. He said he would have to talk to SJRWMD to first determine their position on hydrologic needs. He said a meeting with them will be scheduled within the next two weeks. The City Attorney said there is a twenty-year policy, which is actually not in City law but is written in state law, and that it is a landowners' responsibility to take care of their property. He said what should be in the City's law is at what point do property owners need to repair their property. He said the City could enact the nuisance law to provide for repairs to be made or else the City can go in and fix it and charge them for the repair. He described how the canals were deepened during development and seawalls were established to protect the houses. He said this law has been looked at three times by reviewing GDC deeds during the 80's, and twice in the 90's. He described special assessment programs which more specially benefit individuals than the general public, and which would come in to play in this situation. He said there should be guidelines written for how seawalls should be kept, an assessment program might be looked at, all the while taking into account what the hydrologic benefit might be, thus considering that the City might want to take part in the program. City Council Workshop April 9, 2003 Page Three The City Manager said staff has the ability to come back with future recommendations relative to a pro-rata program and also look to SJRWMD to participate with hydrologic quality concerns and funding. He also agreed with Mr. Stringer that a policy should be established. III. IV. Options for Financing Questions by City Council City Council discussion followed and there was concurrence to establish a written policy. The City Attorney suggested that the properties to the north were more in need of repair, and that area would be the focus once guidelines were in place, that repairs have been basically piecemeal up to this point. The City Engineer said if the seawalls are not fixed, it is unknown how many properties are in jeopardy if there was a collapse. Public Comment Mickey Groeppler, said she had never heard that it was the property owners' responsibility to maintain the seawall, said she had heard that the seawalls may be constructed of asbestos, and asked why the water supply has been stopped on the north side of CR512. Scott Harloff, asked where the law is located in State statutes. The City Attorney said it is in case law, and Mr. Harlow was advised to contact the City Attorney. He inquired when it had been stated and was given a copy of 1997 minutes. Bill Ingui, asked that when staff meets with SJRWMD they determine whether asbestos in the concrete can become waterborne. The City Manager said those issues will be addressed. Mr. Ingui asked if his plat map shows that he did not own a portion that he had to purchase from the City several years ago. He further cited a settlement agreement with GDC that turned over property along the canals to the City. The City Attorney said where the canals are in right-of-way, people could not just come in and do repairs, it would have to be a City project, but the financial responsibility would be that of the adjoining property owner. The City Manager said the only area where there is a mix of public/private concern is in the area north of CR512 on Collier Creek. City Council Workshop April 9, 2003 Page Four Frank Garland, discussed people on Ponoka Street that are upset about the thought of them having to repair their seawalls. He discussed his circumstances with the seawall abutting his property and the assurances he received from everyone involved in his purchase that the City owned the seawall. It was the consensus of City Council to direct staff to proceed as discussed at this meeting to establish a written policy. A voice vote carried. Jean Gillette, Joyhaven Drive, agreed an ordinance is needed, requested the repair contract be a sealed bid process to more than one contractor, with minority contractors included, a public hearing to discuss the price, if a price cannot be determined, a 50/50 homeowner and City responsibility be established. 4. Being no further business, Mayor Barnes adjourned the workshop at 7:01 p.m. Approved atthe 4-23-03 Regular City Council Meeting. Walter W. Barnes, Mayor ATTEST: Sally A. M~,~CMC City ClerK' 4 INTRODUCTION OF NEW BUSINESS FROM THE PUBLIC SIGN-UP SHEET APRIL 9, 2003 REGULAR MEETING "New Business" as used herein, is defined as an item that has occurred or was discovered within the previous six months USE THIS FORM ONLY FOR INTRODUCTION OF NEW BUSINESS NOT OTHERWISE ON THE PREPARED AGENDA*- LIMIT OF 10 MINUTES PER SPEAKER If the item on which you wish to speak is on the printed agenda, do not sign this form. The Mayor will call for public input prior to Council deliberation on each agenda item. Please raise your hand when he calls for input. Name: ~'~. New Subject: New Subject: ~ ~ _ ~(-0./~-~ New Subject: New Subject: ~"~ ~ - New Subject: NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS NAME ADDRESS City of Cape Coral March 20, 2003 Mr. Dave Fisher City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Request for Information Dear Mr. Fisher: Pursuant to our discussion on March 17th about the City of Cape Coral's seawall and canal programs, I am enclosing some information that may be helpful to you. If you have specific questions once you review the enclosed information, please, feel contact me at (239) 5~4-0706. Sincerely, PUBLIC WORKS DEPARTMENT Charles G. P P.E. Public Works Director CGP/jm(trnsmtal.doc) Enclosures C: Terrance Stewart, MPA, City Manager (w/out enclosures) Public Works Department- Administration · City of Cape Coral · P.O. Box 150027 · Cape Coral, Flodda 33915-0027 (239) 242-3200 · Fax (239) 574-0732 · http://www, capecoral.net Co-County Seat - Lee County, Florida BUILDING § 5-31 Sec. 5-28. Water supply; discharge. (a) Water supply may be secured from a private well or other means of supply, provided.that the water source is tested and approved by the health department prior to construction of pool facilities, and a permit issued for its filling and make-up water from this source. (b) Pools to be supplied from an approved munidpal water supply do not require a resample. Water supply source in conjunction with a municipal supply must be protected against cross connection. (c) Pods shall be equipped with facilities for the complete emptying of the pool and discharge of pool water to waste shall be at a rate not exceeding 250 gallons per minute. All water drained from the pool shall discharge to an approved storm sewer or other approved drain or outlet, either existing or to be installed. In no instance shall the drainage be to a sanitary sewer or sanitary sewer system. (Ord. 3640, $9, 8/18/80) Sec. 5-29. Diving board; sanitation generally. (a). D/u/ug/~ard ~ No diving board or platform more than three feet from water level shall be installed for use in connection with any private residential swimming pool. A minimum seven feet six inches depth is required for diving pools. (b) San/tat/on ra/U/ra~' All private residential swimming pools shall be maintained and cleaned and kept in sanitary condition and all equipment maintained in a satisfactory condition during the' periods the pool is in use. (Ord. 36-80, $10, 8/18/80; OM. 17-86, 3/31/86) Sec. 5-30. Responsibility of design engineer; inspections generally. R~ity of design en~neen. The design engineer shall be responsible for monitoring and making a fmal inspection and certification of the construction and equipment installation of commerdal pools. 0a) Ins/m/ou go-mra//y. The City of Cape Coral is authorized to conduct such inspections as it deems necessary to insure compliance with all provisions of this. artide and shall have the right of entry to any pool, spa or hot tub at any reasonable hour for this purpose. (Ord. 17-86, 3-31-86) ARTICLE II 1/2. SEAWALLS* *Cross reference(s)-Land Use and Development Regulations, $3.16. Sec. 5-31. compliance. DMSION I. GENERALLY Specifications on file in .Department of community Development; ¢) The city does hereby ordain, establish and adopt rules, regulations and criteria for the manufacture, construction and 'installation ot5 seawalls and related pertinences, including docks and boat slips for use by the city government, within the boundaries of the city, which 1011102 CD5:15 Suppl. 9 § 5-31 CAPE CORAL CODE code of regulations and criteria have been and now are on file in the Department of Community Development of the city, and such amendments and alterations as may from time to time be made. (Ord. 84-89, 2/12/90) (b) All seawalls, boat slips, bulkheads, docks and other pertinences fronting on water within or bordering the city limits, whether influenced by fides or nonsaline water, whether navigable or not navigable, on canals or basins or lakes, shall be constructed according to the criteria and installed in the manner as set forth in such regulations. (Ord. 38-71, $$1, 2, 8/23/71) Cross reference(s)-Cape Coral Land Use and Devdopment Regulations, Section 3.16, $10-11. Sec. 5-32. Permit fees. The fee for permits for seawalls issued pursuant to this article shall be two hun&ed forth-four dollars ($244.00) for each building site up to an including eighty (80) feet of seawall, plus seventy- five cents ($0.75) per foot for every additional foot over eighty (80)' feet. The fee for permits for seawall alternatives shall be one hundred thirty-nine dollars ($139.00) for each building site up to and · including eighty (80) feet of seawall, plus seventy-five ($0.75) per foot for every additional foot over 80 feet. (Ord. 52-75, $1, 1/5/76; Ord. 68-80, $1, 10/20/80; Ord. 106-81 $1, 1/4/82; Ord. 34-82, 6/7/82; Ord. 99-00, $3, 9/25/00) DIVISION 1 1/2. MINIIVIUM REQUIREMENTS FOR CONSTRUCTION* *Editor's note-Ord. 44-76, adopted June 7, 1976, did not specifically amend this Code, hence infusion of $$1-11 thereof as Div. 1 1/2, $$5-33-5-38.5, was at the discretion of the editor. Sec. 5-331 Requirements pursuant to Cape Coral Engineering Design Standards. All minimum requirements for construction of seawalls, scope, applicability of F.D.O.T. specifications, general provisions, seawall caps, expansion joints, precast concrete slabs, slab joints, deadmen anchors, typical seawalls, seawalls embedded in rock, disposal of rock, is contained in the current Cape Coral Engineering Design Standards, on file in the office of the City Clerk. (Ord.94- 91, 10/28/91; Ord. 103-01, 5/6/02) Secs. 5-34-5-38. Reserved. DIVISION 2. BORDERING SALINE WATER Sec. 5-39. Time for construction. All seawalls required to be constructed under the provisions of this division shall be installed, or installation begun, no later than the time of, and in conjunction with, the improvement of such realty by the start of construction thereon of any building or structure for 10/1/02 CD5:16 Suppl. 9 BI. HT.r~ING § 5-51 industrial, com~-ercial or residential purposes. The owner of such realty may construct seawalls prior to the start of construction of any structure or building on the premises should he so desire. (Ord. 35-71, § 2, 6-25-71) Sec. 5-40. Specifications. (a) All seawalls constructed under the provisions of this division or any subsequent ordinances or regulations requiring mandatory seawAlllng of waterfront real estate or realty, having direct or immediate access to frontage on water within or bordering the city, shall be constructed in accordance with criteria for the construction and installation of seawalls as may be presently adopted or acceptable to, or adopted and mod~6ed in the future by further action of, the city council, or by rules, regulations or specifications for their construction and installation as may be adopted from time to time by the city manager. (b) On-site casting of slabs prior to issuance by the Department of Community Development of a permit is prohibited. This prohibition shall not apply to on-site casting of seawall caps, deadmen, dock floors or retaining w~ll% but shall be limited to the prohibition of on-site casting of slabs only. (Ord. 35-71, § 3, 6-25-71; Ord. 37-76, § 1, 5-10-76; Ord. 4-79, § 1, 2-5-79; Ord. 84-89, 2-12-90) Sec. 5-41. Building permits not issued without proof of compliance. No permit for the construction of any building for commercial, industrial or residential purposes shall be issued by the city Department of Cornmnnlty Development on any realty having frontage or access to frontage on waters within or bordering the boundaries of the city as described in section 5.39, ,mless the applicant therefor ~ffi~matively shows to the satisfaction of the city Department of Community Development that the sea'walling is plo~oed for the building site, and that construction of the seawan win occur simultaneously with the construction of the major building improvements to the site. No person shall be entitled to receive from the city a certificate of occupancy for any building constructed on realty within the contemplation of this division until seawalling is completed pursuant to the terms of this division, and to the satisfaction of the Department of Community Development. (Ord. 35.71, § 4, 6-25-71; Ord. 19-78, § 1, 3-20-78; Ord. 84-89, 2-12-90) Secs. 5-42--5.50. Reserved. DMSION 3. BORDERING FRESH WATER Sec. 5-51. Time for construction. All seawalls required to be constructed under the provisions of this division shall be instaned, or' installation begun, no later than the time of, and in conjunction with, the improvement of such realty by the start of construction thereon of any building or structure for CD5:17 9 5-51 CAPE CORAL CODE commercial or residential purposes. The owner of such realty may construct seaw-1}.= or make other alterations as provided herein prior tv the start of construction of any structure or building on the premises should he s° desire. (Ord. 39-71, 9 2, 10-11-71) Sec. 5-52. Specifications. All seawalls constructed under the provisions of this division or any subsequent ordinances or regulations requiring mandatory seaw.lllng of waterfront real estate or realty having direct or immediate access to frontage on water within or bordering the city shall be constructed in accordance with criteria for construction and installation of seawalls as may be presently adopted or adopted and modi~ed in the future by further action of the city council, or by .rules, regu}.afions or specifications for their construction and instanation as may be adopted:.from ~me to time by the city manager. (Ord. 39-71, § 3, 10-11-71) Sec. 5-53. Building permits not issued without proof of compliance. No permits for. the construct/on of any structure or building for commercial or residential purposes shall be issued by the Department of Community Development on any malty having fi~ntage or access to frontage on water within or bordering the boundar/es of the city as described in section 5-51, unless the applicant therefor ~ffi,~natively shows to the satisfaction of the city Department of Comrmmlty Development that seawalling is planned for the building site, and that construction of the seawall will occur simultaneously with the construction of the building improvements to the site. No person shall be entitled to receive from the city a certificate of occupancy for any structure or building constructed on realty within the contemplation of this division until seawalling is completed pursuant to the terms of this division and to the satisfaction of the Department of Commtmity Development. (Ord. 39-71, 9 5, 10-11-71; Ord. 84-89, 2-12-90) Secs. 5-~. 5-64. Reserved. DMSION 4. ABUTI~G MAN-MADE CANALS* Sec. 5-65. Def'mitions. Canals: Man-made waterways and other bodies of water within the City of Cape Coral, dug or constructed within the limits of the City of Cape Coral, Florida. City: The City of Cape Coral, Florida. Lots: One or more tracts or parcels of land, abutting a water canal within the limits of the City of Cape Coral. *Editor's note~Ord. 28-73, adopted Jan. 14, 1974, did not expressly amend this Code, hence codification of §9 1--6 as §9 5-65--5-70 was at the discretion of the editor. CD5:18 BUILDING § 5-66 Owners: The person in whom is vested the legal or equitable rifle of property, and if the holder of equitable rifle, the person who possesses contractual rights of ultimate absolute ownership based on contractual, rights-existing the effective date-hereof. ........... Seawall: A structure built or installed pursuant to specifications of the City of Cape Coral, bnlkheading lots abutting canals within the City of Cape Coral. (Ord. 28-73, § 1, 1-14-74) Sec. 5-66. Findings of fact--Unseawalled bnnlrs declared nuisance; abatement. (a) There are a substantial number of lots abutting water canals wihhi~ the limits of the City of Cape Coral which are not seawalled. The unseawalled bnnlr.~ of said lots have been permitted to overgrow with weeds, grass, shrubbery, and other noxious plants which harbor and provide a breeding place for rats, mice, and other rodents, snakes, mosquitoes, and other arthropods, endangering the health, safety, and general welfare of the residents and the citizens of the City of Cape Coral; that rain run-off waters flow over the banks of said lots which, together with the wake of boats plying the canals, causes the banks of said canals to erode and causes sand, dirt, silt, trash, and other foreign matter to be carried into and deposited in said canals, and to settle there, endangering the safety of persons engaged in boating in said canals and also tending to shut off drainage from adjacent lands. The foregoing is hereby declared to constitute a public nuisance, endangering the health, safety, and welfare of the residents and other citizens of the City of Cape Coral, Florida. Co) Failure to abate the aforementioned nuisance will cause the said existing nuisance to continue and in many instances, further threaten the health, safety, and welfare of the residents of the City of Cape Coral. (c) A substantial number of lots abutting canals within the city have been seawaned pursuant to public laws of the city, or voluntarily by the owners thereof in accordance with the criteria, pl~n.~ and specifications for the construction and in~t~llarion ofseaw~lh as adopted by the City of Cape Coral. In an of the cases in which such Seaw~H~ have been constructed, the nuisances and threatened nuisances have been fully abated. However, there are thousands of lots abutting water canals within the city which have not been seawaned, and in respect to which said lots, seawans will not be constructed voluntarily by the owners thereof or pursuant to public laws of the City of Cape Coral for many years to come, thereby resulting in the continuing existence of the nuisances aforementioned and the existence of threatened nuisances endangering the health, safety, and general welfare of the residents of the City of Cape Coral. (d) The city council has determined and does hereby determine the most feasible, practicsl, and effective meons of abating the nuisances and the additional threatening nuisances above mentioned is by construction of seawalls pursuant to criteria, plans, and specifications of the city, on the lots abutting canals. (Ord. 28-73, § 2, 1-14-74) CD5:19 § 5.67 CAPE CORAL CODE Sec. 5-67. Owners of lots required to seawall same. Owners oflots abutting water canals within the city be, and are hereby required to construct or cause to be constructed at the expenses of the owners of said lots, and in accordance with the criteria, plans, and specifications adopted by the city, a seawall bulkhea~g said lots abutting said canals. (Ord. No. 28-73, § 3, 1-14-74) Sec. 5-68. Responsibilities of holder of legal title. The. holder of the legal title to lots abutting canals within the City of Cape Coral shall, within 20 days after demand therefor by the city, furnish to the city the names(s) and last known addresses of the equitable owners of said lots. Upon failure of the holder(s) of the legal title to said lots to provide such nnme(s) and addresses to the city within the ~ime specified, the city may proceed as herein provided ag. innt the holder of the legal title as owner of said lots. (Ord. 28-74, § 4, 1-14-74) Sec. 6-69. City to construct a seawall upon failure of lot owner to do so; procedures. In the event owners of unseawaned lots abutting water canals within the city fail to construct or cause to be constructed, as required by section 5-67 hereof, the council may, in order to protect the health, ~afety, and general welfare of the citizens of the city, by resolution, proceed to construct or install said seawall, subject to the following conditions: (a) Plans open to inspection by public. Said seawall shall be constructed in accordance with the p]nn,, specifications, and cost estimate prepared by the city, and said plans open to inspection by the public. (b) Public hearing; notice. The affected property owners shall be given 30 days notice in writing at their last known address, of the Introduction of said resolution and be furnished a copy thereof. SuCh notice shall provide the time, date, and place in which such public hearing WAll be held, giving the affected property owners an opportunity to · '-.present to the city council their objections to mnlr;~g effective such resolution?-The public hearing shall be held not less than 45 days after mailing of the notices aforementioned, except that said public hearing may, by agreement of the affected property owners and the city council, be held at a time, date, and place other than that specified, upon due notice according to law. (c) Cost to be paid by the owners. The cost of said construction or installation of said seawan shall be paid by the owners of the affected property, including engineering and legal expenses wi~.hln 30 days after notice in writing to the affected lots owner by the city, of suCh cost. (d) Assessment of cost. In the event the cost of said improvements has not been paid as provided in the preceding subparagraph, the cost thereof shall be assessed against the said lots of the affected owners, such assessment to be made as provided by law. (Ord. 28-73, § 5, 1-14-74) CD5:20 BUr[.r)ING 8 5-77 Sec./$-70. Assessment roll. As soon as practicable following the adoption hereof, the proper offic/als of the city shall make and prepare an assessment roll, which assessment roll when complete shall be filed with the clerk of the city, which assessment roll shall show the respective lots assessed, the amount of assessment, and the manner and terms of payment of said assessment, all as made and provided by law. Upon the final approving of said assessment roll, the same shall be recorded by the city clerk in a special book to be known as Cape Coral Nuisance Abatement Assessment Book, and a copy thereof filed in the office of the Clerk of Lee County, Florida, as provided by law. (Ord. 28-73, 8 6, 1-14-74) Sees. 5-71--5-75. Reserved. DIVISION 5. SPECIAL ASSESSMENT FOR SEAWALLS* Sec. 5-76. Definitions. AS used in this division, the following terms shall have the following mennings ascribed by this section: ~ Can~/s: Man-made waterways and other bodies of water within the City of Cape Coral, dug or constructed within the limits of the City of Cape Coral, Florida. City: The City of Cape Coral, Florida. Lots: One or more tracts or parcels of land, abutting a water canal within the limits of the City of Cape Coral. Owners: The person in whom is vested the legal or equitable t/fie of property, and ff the holder .of equitable t/fie, the person who possesses contractual rights of ultimate absolute ownership based on contractual rights existing the effective date hereof. Seawall: A structure built or installed pursuant to specifications of the City of Cape Coral, b~ll~heading lots abutting canals within the .City of Cape Coral. (Ord. 11-74, § 1, 6-24-74) Sec. 5-77. Authority for construction of seawalls and levying and collecting special assessments against property benefitted. The city may, by its governing authority, provide for the construction of seawalls, and may provide for the payment of all or any part of the costs of such construction by levying and collecting special assessments on the abutting, adjoining, contiguous or other property specifically benefitted. (Ord. 11-74; 8 2, 6-24-74) *Editor's note~Ord. 11-74 did not expressly amend this Code, hence inclusion of§8 1--16 as Div. 5, 88 5-76--5-91 was at the discretion of the editor. CD5:21 § 5.78 OAPE CORAL OODE Sec. 5.78. Method of prorating special assessments. Special assessments against property deemed to be benefitted by seawall construction shall be assessed upon the property especially benefitted by the improvement in proportion to the benefits derived therefrom, said special benefits to be determined and prorated according to the foot frontage of the respective property specifically benefitted by said improvement, or by such other method as the city may prescribe. (Ord. 11-74, § 3, 6-24-74) Sec. 5-79. Resolution required to declare special assessments. When the city may determine to make the public improvements authorized by section 5-77 and defray the whole or any part of the expense thereof by special assessments, the city shall so declare by resolution stating the nature of the proposed improvement, designatin~'~the location of the canals to be so improved, and the part or portion of the expense thereof to. be paid By special assessments, the mnnner in which said assessment shall be made, when said assessments should be paid, what part, if any, shall be apportioned to be paid from the general improvement fund of the city, and said resolution shall also designate the lands upon which the special assessments shall be levied, and in describing said lands it shall be s,,~scient to describe them as "all lots and lands adjoining in contiguous or bounding and abutting upon such improvements or especially benefitted thereby and further designated by the assessment plat hereina~er provided for." Such resolution shall also state the total estimated cost of the improvement. Such estimated cost may include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all lands, property, rights, easements and franchises acquired, finandng charges, interest prior to and during construction and for one year after completion of construction, costs ofplnnn and specifications., surveys of estimates of cost and of revenue, cost of engineering and legal services and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction, sdmlnla- trative expense and such other expenses as may be necessary or incident to the financing herein auth°rized. (Ord. 11-74, § 4, 6-24-74) Sec. 5-80. Plans and specifications, with' estimated costs to proposed improvement required before adoption of resolution. At the time of the adoption of the resolution provided for in section 5-79, there shall be on file with the city clerk an assessment plat showing the area to be assessed, with plans and specifications, and an estimate of the .cost of the proposed improvement, which assessment plat, plans and specifications and estimate shall be open to the inspection of the public. (Ord. 11-74, § 5, 6.24.74) Sec. 5-81. Publication of resolution. Upon adoption of the resolution provided for in section 5-79, the city shall cause said resolution to be published one time in a newspaper of general circulation published in the city. (Ord. 11-74, § 6, 6-24.74) CD5:22 BUU~DING § 5-83 Sec. 5-82. First assessment roll. Upon the adoption of the resolution provided for in section 5-79, the city shall cause to be made a first assessment roll in accordance with the method of assessment provided for in said resolution which shall be completed and filed with the city clerk as promptly as possible; said first assessment roll shall show the lots and lands assessed, the amount of the assessment agsinst each lot or parcel of land and if said assessment is to be paid in inst~llments, the number of annual ins~llments in which the assessment is divided shah also be entered and shown upon said assessment roll. (Ord. 11-74, § 7, 6-24-74) Sec. 5-83. Publication of Notice of Assessment. Upon the completion of said first assessment roll, the city shall cause to be published one time in a newspaper of general circulation published in the city a notice in the following form: To the owners of property abutting upon the fonowing canals located in the corporate limits of the City of Cape Coral, Florida: You are hereby notified that pursuant to Ordinance Number of the City of Cape Coral, Florida, and the resolution passed thereunder on the day of , 19 , property abutting on the above-namod canals has been assessed for the construction of seaw-11- on such canals and the ~mount to be assessed to each piece or parcel of property abutting on such canals may be ascertained at the office of the city clerk. You may avoid the assessment on your property herein by filing with the city clerk within 60 days from the publication of this notice a certificate that a seawall meeting the spedficatious of the city has been constructed on your property or, where seawan construction is immediately planned or currently in process, a copy of a construction contract and a copy of the City issued building permit for the seawall. Failure to file either a certificate or a copy of a contract and building permit as described above will result in the assessment of your property according to the assessment roll on file with the city clerk. Mayor Within five days from the date of publication of the said notice, the city clerk shall provide a copy thereof to each owner of property included in the first assessment roll by m~illng a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners to be obtained from the records of the tax assessor or from such other sources as the city clerk deems reliable, proof of such marling to be made by the Affidavit of the city clerk or deputy clerk, said proof to be filed with the city clerk, provided the failure to make said notice or 'notices shall not invalidate any of the proceedings hereunder. (Ord. 11-74, § 8, 6-24-74; Ord. 4-99, 2-22-99) CD5:23 CAPE CORAL CODE Sec. 5-84. Assessment avoidance requirements; second assessment roll. Within 60 days from the date ofpublication of the notice required by section 5-83, owners of property included on the First Assessment Roll may avoid the assessment on their property, by filing with the City Clerk a certificate that a seawall meeting the specifications of the City has been constructed on their property or, where seawall construction is immediately planned or currently in process, a copy of a construction contract and a copy of the City issued building permit for the seawall. Upon exPiration of the 60-day period, the city shall cause to he prepared a second assessment roll identical in all respects to the first assessment roll, except that it shall exclude all property for which a certificate or copy of a contract and permit has been filed in accordance with this section. (Ord. 11-74, § 9, 6-24-74; Ord. 4-99, 2-22-99) Sec. 5-8/~. Failure to construct; addition to second assessment roll or suhseq'~ent assessment area. Properties listed on any seawan first assessment roll are eligible for a one-time exemption only, and where an exemption has been obtained, construction must he completed by the City's estimated construction completion date. Where construction on any exempted property has not been completed by the City's estimated construction completion date, the City may add the property to the second assessment ron or include the property in any subsequent seawall assessment area. Prior to the Citers addition of the exempted property to the Second Assessment Roll, it shall provide notice in accordance with the notice requirement of section 5-86. (Ord. 4-99, 2-22-99) Sec. 5-86. Publication of second assessment roll. Upon the completion of said second assessment roll, the city clerk shall fix a time and place at which the owners of the property to be assessed, or any other persons interested therein, may appear before city council and be heard as.to the propriety and advisability ofmaking, i~uch improvements, as to the cost thereof, as to the manner of payments therefor and as to the amount thereof to be assessed against each property so improved. Ten days' notice of such time and place shall be given to such property owners which shah be served by m~llng a copy of such notice to each of such property owners at his last known address, the names and addresses of such property owners shall be obtained from the records of the tax assessor or from such other sources as the city clerk deems reliable. Proof of such marling to be made by the affidavit ofthe city clerk or deputy clerk, said proof to be filed with the clerk, provided, the failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. Notice of the time and place of such hearing shall also be given by two publications a week apar~ in a newspaper of general circulation in the city; provided that the last publication shall be at least one week prior to the date of the hearing. Said notice shall describe the canals to be improved and shall advise all persons interested that the description of each piece or parcel of CD5:24 BUU.DING § 5-89 property to be assessed and the ~mount to be assessed each piece or parcel of property may be ascertained at the office of the city clerk. Such service by publication shah be verified by the ~ffidavit of the publisher and filed with the city clerk. (Ord. 11-74, § 10, 6-24-74; Ord. 4-99, 2-22-99) Sec. 5-87. Equalizing board to hear complaints and adjust assessments; rebate of difference in cost and assessment. At the time and place n~med in the notice provided in section 5-86, the city coundl shall meet as an equalizing board, to hear and consider any and all complaints as to such special assessments, and shall adjust and equalize the said assessments on the basis of justice and right, and when so eqv91ized by resolution or ordinance of the city council, such assessment shall stand confirmed and remain legal, valid and binding first liens upon the property agzinet which such assessments are made, until paid; provided, that upon completion of the improvements the city shall credit to each of said assessments the difference in the assessments as originally made, approved and confirmed, and the proportionate part of the actual cost of said improvement to be paid by special assessment as finally determi,~ed upon the completion of said improvement, provided that in no event shall the final assessments exceed the amount of benefits ori~innlly assessed. Promptly after such confirmation, the assessments shall be recorded by the'city clerk in a special book to be known as the "Improvement Lien Book" and the record of the lien in said book will constitute pr/ma fac/e evidence of its validity. (Ord. 11-74, § 11, 6-24-74) Sec. 5-88. Priority of llen; method of payment; penalty if delinquent. Said assessment shall be payable at the ~ime and in the manner stipulated in the resolution providing for said improvements, and said special assessments shall remain Hens, co-equal with the lien. of other taxes, superior in dignity to all other Hens, titles and claim% until paid, and may, by the resolution aforesaid, be made payable in not more than ten equal yearly inst~llments, to which, if not paid when due, there shall be added a penalty at the rate of one per cent per month, until paid; provided that said assessment may be Paid without interest at any ~ime within 30 days after the improvement is completed and a resolution accepting same has been adopted by the city council. The unpaid portion of the assessment shall bear interest from the date of acceptance of said improvement at a rate to be fixed by the counc/1 and the city council may, by ordinance, provide for the issuance of bonds payable in whole or in part from said special assessments, including interest thereon, bearing such rate or rates ofintorest and other details as the council may determine. (Ord. 11-74, § 12, 6-24-74; Ord. 61-78, § 1, 12-4-78) Editor's note--Ch. 79-434, § 1, Laws of Fla., Rmended § 13 of Ch. 76-342, Laws of Fla., the Cape Coral Seawall Assessment Act, to read as stated above. Sec. 5-89. Legal proceedings instituted upon failure of property owner to pay special assessment or interest when due; foreclosure; service of process. Each annual installment provided for in Section 5-87 shall be paid upon the date specified in said resolution, with interest upon all deferred payments, until the entire Rmount of said CD5:25 § 5.89 CAPE CORAL CODE assessments has been paid, and upon the failure of any of the property owners to pay any --uual inst~l]ment due or any part thereof, or any annual interest upon deferred payments, the governing authority of the municipality shah cause to be brought the necessary legal proceedings to enforce payment thereof with all accrued interest and penalties together with an legal costs incurred, including a reasonable attorneys fee to be assessed as part of the costs, and in the event of default in the payment of any inst~]]ment of an assessment, or any accrued interest on said assessment, the whole assessment, with the interest and penalty thereon, shall immediately become due and payable and subject to foreclosure. In the foreclosure of any special assessment service of process against --lr~own or nonresident defendants may be had by publication, as now provided by law. The foreclosure proceedings shall be prosecuted to a sale and conveyance of the property involved in said proceedings as now provided by law in suits to foreclose mortgages; or, in the alternative, said proceedings may be instituted.and prosecuted under Chapter 173, Florida Statutes. '"- (Ord. 11-74, § 13, 6-24-74) Sec. 5-90. City council required to make new assessments until valid assessment is made ff special assessment is omitted or held invalid. If any special assessment made under the provisions of this division to defray the whole or any part of the expense of any s~d improvement shall be either in whole or in part -nnulled, Vacated or set aside by the judgment of any court, or if the city council shall be satisfied that any such assessment is so irregular or defective that the s-me cannot be enforced or collected or if the city council shall have omitted to make such assessment when it might have done so, the city council shall take all necessary steps to cause a new assessment to be made for the whole or any part of any improvement or against any property benefitted by any improvement, following as nearly as may be the provisions of this division and in case such second assessment shall be annulled, the city council m,y obtain and may make other assessments until a valid assessment shall be made. (Ord. 11-74, § 14, 6-24-74) Sec. 5-91. City council may pay out of its general funds, or any special fund for.that purpose, portion of cost of improvement, :. The city council may pay out of its general funds or out of any special fund that may be provided for that purpose such portion of the cost of any improvement as it may deem proper. (Ord. 11-74, § 15, 6-24-74) Sec. 5-92. Assessment tons sufficient evidence of assessment and other proceedings of this division; variance not material unless party objecting materially injured thereby. Any informality or irregularity in the proceedings in connection with the levy of any special assessment under the provisions of this division shall not affect the validity of the s~me where the ron as finally approved and confirmed shall be competent and sufficient evidence that the assessment was duly levied, that the assessment was duly made and adopted, and that all CD5:26 BUILDING § 5-94 Other proceedings adequate to the adoption of the said assessment roll were duly had, taken and performed as required by this division; and no variance from the directions hereunder shall be held material unless it is clearly shown that the party objecting was materially injured thereby. (Ord. 11-74, § 16, 6-24-74) Sec. 5-93. Vacation of city property to abutting property owners; restrictions; recording fee. (a) Upon completion of the construction ora seawall and approval by the designated seawall inspector, any property lying between the water face of the seawall and the platted property line shall be vacated and title passed to the abutting property owner. The City shall reserve a six-foot utility and drainage easement adjacent to the revised property line. (b) The mayor and the city clerk are authorized and directed to execute and record a quitclaim deed to the vacated property .subject to the above-mentioned restrictions on such property. (c) The city manager, or his designated representative, shall collect the required recording fee from each apphcant for a seawall permit, whose apphcation reflects the existence of property between the seawall line and the platted property line. (Ord. 67-77, § 1, 10-3-77; Ord. 76-77, § 1, 11-14-77; Ord. 56-83, 9-19-83) Sec. 5-94. Lee County roads impact fee and Lee County parks impact fee. That the Lee County ordinance providing for a Roads Impact Fee Ordinance 85-23 and a Parks Impact Fee Ordinance 85-24 to apply to ,mincorporated areas of Lee County including areas within the municipal boundaries of the City of Cape Coral shall not have any effect of law for the purposes as provided therein within the corporate limits and municipal boundaries of the City of Cape Coral, and in all effect, said ordinances shah be deemed in conflict with the Ordinance and this Ordinance shall prevail thereby exempting the entire corporate municipal boundaries of the City of Cape Coral from the enforcement and effect of said impact fee ordinances, to the extent that the City of Cape Coral, governmental, corporate and proprietary powers enables the laws of this municipal-government to prevail over non-charter county government ordinances in conflict therewith as.prescribed by Article VII, Sec. I(F) and Article VIII, Sec. 2(B) of the Constitution of the State of Florida. (Ord. 89-85, 9-9-85) CD5:27 Manual Number: ENGINEERING DESIGN STANDARDS PREPARED BY: CITY OF CAPE CORAL PUBLIC WORKS DEPARTMENT APPROVED BY: CITY COUNCIL CITY OF CAPE CORAL ON .5-6-2002 BY ORDINANCE NO. 103-2001 Prior revisions: November 12, 1991 April 7, 1992 August 3, 1995 PROCEDURE FOR THE coNSTRUCTION OF A SEAWALL CITY of CAPE CORAL PUBLIC WORKS DEPARTMENT DEPARTMENT OF ~'87 I ENGINEERING i COMMUNITY DEVELOPMENT ~ SlAB ! D.C.D. : ' ~ & TIE BACK ~ CULVERT CONTRACTOR ~ ~ ~ ~" (IF' REQUIRED) FORM OHEOK FOR ~ DOCKS, DAVIT PADS, AND BOAT PADS (IF REQUIRED), I [~ ~ FINAL NOTES: ~ ?. CONTRACTOR SUBMITS APPLICATION, SURVEY PLAT AND ENGINEERING INFORMATION TO D.C.D. 2. CONTRACTOR RECEIVES SEAWALL PERMIT. THIS PERMIT SHALL BE POSTED AT I JOB SITE. $. CONTRACTOR CALLS (PWO) FOR A SLAB INSPECTION. ' 4. CONTRACTOR CALLS (PWD) FOR A CAP ALIGNMENT AND TIE BACK INSPECTION. 5. CONTRACTOR CALLS PWD/STORMItFATER FOR A CULVERT INSPECTION IF NEEDED. 6. CONTRACTOR CALLS (PWD) FOR FORM CHECK FOR CONCRETE DOCKS, DAVIT PADS, AND BOAT PADS IF NEEDED. 7. CONTRACTOR CALLS (PWD) FOR FINAL INSPECTION. 8. (PWD) NOTIFIES D.C.D. THAT THE dOB HAS BEEN COMPLETELY INSPECTED BY PWD. CITY OF CAPE CORAL ENGINEERING' DESIGN STANDARD APPROVED: TITLE: REMSIONS: SHEET NO, SEAWALL PERMITTING PROCEDURE PUBUC WORKS DIRECTOR DATE: 03--28--2002 H-1 TOP ~ BANK-' I----7 s~w*--D --/ CAP ~ ~ :...'..- ~ ':' .':. (ELeVATiON ESTABLISHED AT ~ '; .':.. ' .-'1 DOWNSTREAM WEIR) __/ / : / · u~ ',. I · ' S~W~ '~m~ NOTE "0.1)J --" S~B ~ -- _ .. FRESH WATER CANAL SYSTEMS BULKHEAD NOTES: 1. THE P~ING OF EMERGENT AQUA~C 4. TOLE~CE FOR WATER DEPTH AT S~W~L AND AT 5'-0" P~S FOR ~DSCAPING IS OUT SHALL BE +/- 6". OPTIONAL. (ONLY APPROVED VEG~ATION WILL BE PERMI~ED.) 5, IN CASES WHERE EL~ATIONS OF EXISTING S~WALL CAP DI~ERS : W~ ~E N~ S~WALL CAP EL~ATION THE N~ CAP SLOPE ~. VARIATIONS TO THIS ~ANDARD MUST BE APPROVED BY THE CI~ SHOULD NOT EXCEED 4:1. PUBLIC WORKS DEPARtEd. 6. IN FRESHWATER CANAL SYSTEM CONCR~E ~MPS MAY BE 5. CAP EL~ATION TO MATCH EXIS~NG CONDUCTED AT A MAXIMUM WIDTH OF 20 FE~ FOR A DISTANCE S~WALL CAPS OR ~TCH ~ISTING DOWNSTR~M WEIR WINGWALL CAP NOT EXCEEDING 15 FE~ INTO ~E WATER FROM THE PROPER~ · E~ATION. LINE. ALL P~NS MUST BE S~LED BY A PROFESSIONAL ENGINEER, REGISTERED IN FLORID~ CITY OF CAPE CORAL ENGINEERING DESIGN STANDARD APPRO~D: ~E= RE~ONS = ~EET NO, SEAWALLS - FRESHWA~R CANALS H-2 PUaUC ~Ks mERCeR OATE 03--28--2002 ................. MINIMUM ...... STANDARDS .... FOR': ALTERNATIVES ....... ' " TO VERTICAL BULKHEADS (FRESHWATER SYSTEMS ONLY) 15' 5' MEAN WATER ELEVATION ] (ELEV ESTAi~L~SHE~D ATi---l ~ EXIST NG ])I3~/NSTREAH WE]IR) -- \ I SEAWALL ..... ............... L___f' ~f~'~I[~]IE~]IF=I'F--1I 'l~~~-'~/~ ~ ---~'~ 'a --6' MAX DEPTH SLOPE STABIL.'I~"~N- ---~:"'~~rl",~---'"~L "o · ' ^~' Ex~s'n.G seAw^.Ls, ~ / I , ~.s~'^L~'~, ^.D / o. ~-X~-.D~D -~ ' ~ -'~'-_-_~----- · NOTE: ' VARIATIONS TO THE ESTABLISHED SEAWALL STANDARDS FOR FRESH WATER SYSTEMS WILL BE CONSIDERED BY THE CITY OF CAPE CORAL PUBLIC WORKS DEPARTMENT. THE FOLLOWING MINIMAL DESIGN CRITERIA MUST BE INCORPORATED INTO THE PROPOSED DESIGN. A. MAXIMUM ALLOWABLE SLOPE TO WATERLINE IS 4 HORIZONTAL TO 1 VERTICAL (4:1). B. SLOPE TO BE STABILIZED WITH APPROVED MATERIALS / METHODS FOR EROSION CONTROL. C. MAXIMUM WATER DEPTH AT PROPERI~f LINE IS TO BE 6 INCHES. D. TERRACING MAY BE USED TO ESTABLISH PROPER SLOPES. E. IN FRESHWATER <;ANAL SYSTEMS CONCRETE RAMPS MAY BE CONSTRUCTED AT A MAXIMUM WIDTH OF 20 FEET FOR A DISTANCE NOT EXCEEDING 15 FEET INTO THE WATER FROM THE PROPERTY LINE. F. ALL PLANS MUST BE SEALED BY A PROFESSIONAL ENGINEER, REGISTERED IN FLORIDA. CITY OF CAPE CORAL ENGINEERING DESIGN STANDARD APPROVED: llTLE: REVISIONS: ~I-iF.F.¥ NO. SEAWALLS - FRESHWATER CANAL ALTERNATE PUI!iU: ~/ORKS DIRECTOR DATE 0,3--28--2002 ' r--TYPICAL SEAWALL WITH TYPICAL ~--5' WIDE STRIP OF SOD /GRASSED SLOPE ON ADdACENT P~ ~THE WIDTH OF THE LOTS / ~ / ~.-EXISTING RETURN SLAB . -'~-¢)'% FI / /--MEAN WATER ELEVATION ~ ~ ~)-~ /I I / / ESTABLISHED AT TERRATEX HD TO BE ANCHORED AT TOP , / 2' WIDE LITORAL SHELF AND TOE OF SLOPE RUNNING THE WIDTH OF THE LOTS I CITY OF CAPE CORAL ENGINEERING DESIGN STANDARD APPROVED: '~TLE: SEAWALLS - FRESHWATER CANAL REVISIONS: SHEET NO. ALTERNATE 2 H-SA PUBUC tII/OEKS DIRECTOR DATE 05-28-2002 NOTES: ..... 1. MIN.' 50%' OF SEAWALL' LENGTH MUST HAVE. RIP-RAP ............ : ............................ INSTALLED. ON-SITE MATERIAL MAY BE USED IF IT MEETS THE SIZE AND TYPE OF MATERIAL REQUIREMENTS. 2. RIP-RAP MAY BE PLACED UNDER DOCKS. r--CONC. 3. NO RIP-RAP SHALL BE PLACED WITHOUT A PERMIT. I ~ CAP 4-. ALL RIP-RAP SHALL BE CAREFULLY PLACED. 6" 3'0" I 5. RIP-RAP SHALL BE CLEAN STONE OR ROCK, TO SAND, WOOD or STEEL). CLEAN CONCRETE RUBBLE WILL BE ALLOWED. . :i'.-:;i'.?.". NOMINAL DIMENSIONS FROM MIN. TO 36" MAX. OR AS REQUIRED BY THE APPROPRIATE REGULATORY AGENCY. 8. CAP ELEVATIONS THAT ARE GREATER .THAN 4.0' NGVD, '' .--~:.';- __ iT' TIE-ROD PROPOSED CAP ELEVATION TO A MAXIMUM OF 1.0' NGVD. 9. NO RIP-RAP SHALL BE ALLOWED TO OBSTRUCT THE CENTRAL NAVIGABLE SECTION OF THE CANAL. 10. CAP ELEVATIONS TO MATCH EXISTING SEAWALL CAP. IN , CASES WHERE ELEVATIONS OR EXISTING CAP DIFFERS, ·.." NEW CAP SLOPE SHOULD NOT EXCEED 10%. .' . 11. CONCRETE RAMPS MAY BE CONSTRUCTED AT A MAXIMUM WIDTH .'-'.'i OF 20 FEET FOR A DISTANCE NOT EXCEEDING 15 FEET INTO . THE WATER FROM THE PROPERTY LINE. ALL PLANS MUST BE .' SEALED BY A PROFESSIONAL ENGINEER, REGISTERED IN FLORIDA. '[.~ CONCRETE '..: SEA~/ALL X~7 0.0' NGVD :.'.. SLAB ~_ 4.0' (MAX.) _ ~- i-- 5.0' (MIN.) r ... SALT WATER CANAL SYSTEMS BULKHEADS CITY OF CAPE CORAL ENGINEERING'DESIGN STANDARD APPROVED: 'RTl. E: REVISIONS: SHEET NO, SEAWALLS - SALT WATER CANALS H-4 PUBUC WORKS OIRECTOR DATE 0,3--28--2002 )It: ~] ENCASED IN P.V,C. SLEEVE, OR EQUAL USE DOUBLE TIE-BACKS AT EXPANSION JOINTS -'~,,, DF_ADMAN ANCHOR"~.._~ ~ ~ (SEE SCH. BELOW}I/ EXPANS ON JOINT ' " E ''1 ~ SE~ ~~_. ~ SHE~ H-8~ II II '11 I I , I ~ TIE ROD (EPO~ COATED) ii ~CASE~ ]N P.V,C. SLEEVE, DR [9UAL Il~ ~' I~, ,r,_ -~ I' I I I Ii P~N VIEW ~PICAL S~WALL j ~END SOD TO TOP OF SLOPE PLUS 32" WHERE EROSION CONTROL M~SURE IS NEEDED (MIN. 15'-0") VARIES . J ~ (SOD REQUIREMENTS) ~/2"-mA. W~EP HOLE W/9" REF. SQ. FILTER-X PATCH A~ACHEO W BITU~S~g_ ~ ~~ ~E ROD REF ~ ~ ~ D~OMAN ANCHOR ~AT'L.(S~B~W/gRO~ED N~ ],~~ ' '-~ -', J JOINTS ONLY) C*NAL FAC~ 1 ,~ OF S~ ~ 3 , ,, ~ ~{%'-- .. 1 ~EF. ELEVATmON ~PICAL S~WALL CITY OF gAPE OORAL ENGINEERING DESIGN STANDARD APPRO~O: l~: RE~ONS: iSHEET NO. UINIUUU SEAWALL SPEOIFIOA~ONS Pueuc ~R~s mREO~R ~ATE 03--28--~002 H-~ 1. ADJUSTMENTS TO TIE RODS MAY BE PERMITfED TO ACCOMMODATE ~ SITE CONDrRONS. SUBMIT SHOP I~ ~ DRAWINGS TO PUBLIC WORKS i I CONTRACTOR TO OBTAIN ~1 ~o ~ 12" -- 2. I~.~ --~ ~ EXIST. DEADMAN ANCHOR APPROVAL FROM PUBUC WORKS ,!I DEPT. BEFORE CONSTRUCTING i! U SEAWALL &: CAP II=:' ~ :---- REBAR W/ (~.AT 3" X 3" X 3/8 ~l ~ S.S, PLATE LL NEW 5/8" ¢ STNNLESS STEEL TIE ROD X_ NEW 12" X 18" DF_ADMAN (CONTINUOUS) (12" THREAD LGTH. 5/8"-11,0NE END ONLY) PLAN VIEW V 5/8' -~ .EX NU~ ~ .'-- NEW 5/8" ¢ STAINLESS STEEL TIE ROD 12' THREAD LGTH, 5/8"-11,0NE END ONLY) EXIST. TIE ROD _~ /~ KEEP SAME AUI~NMENT e~ L.'~ ~ ~ ~_ 21~ /- EXIST. hEADMAN ANCHOR i NEW TIE ROD LJ !~, 7-0 NEW 12" X 24" DEADMAN (CONTINUOUS) S.S. PLAIE SECTION VIEW CITY OF CAPE CORAL ENGINEERING DESIGN STANDARD APPROVED: I~TL£: SEAWALL TIE-BACK FOR REVISIONS: SHEET NO. SPECIAL CONDITIONS H-6 PUBUC WORKS DIRECTOR DATE 03--28--2002 :li U iI I I :',EX,ST. ~,E II ..I~ , /__ F~- I ~ ~ II ~ SECTION I ~ ~ i 2" DIA. WEEP HOLE W/9" I ' ~ ~ ~__ FILTER-X PATCH A~ACHED a ~ ~ ~ W/B~T~C ~AT'L (S~BS ~ ~' ~ ~GROUTED JOINTS ONLY) ~ I ~ = 9' S~BS: AT 24" O.C. (5-REQ'D.) [ ~ ' .....~ lO' S~BS AT 2~" O.C. (~-REe'D.) ~ ~ 8' S~BS: ~,~ AT 6" O.C. (10 REQ'D.) ~ I i ' ~--, 9' S~BS:~ AT 4-1/2" ~.C. (12 R~Q'D.) ~ I. ] I ~ , ~' S~BS AT 6" O.C. (10 REQ'D.) I x S~B DETAIL I' VARIES ~ I EXTEND SOD TO TOP OF. ~'~ (SOD REQUIREMENTS) (a N aua ~5'-o") LENG~ 7 -0" MIN. IF ~,~ ~PICAL -- ~ ~ EU~EDDED )N ~OC~ ~ ~ ~0'-0" C~ ~ U/ L ' · I" . (MINIMUM) -'~ . · ' · ' ' ~~ IT~. ~UM~I~ . .. .'".' .'~ D~DMAN ~~,~~ ANCHOR. ELEVAT~DN SEAWALL EM~E~E~ IN CITY OF CAPE C08AL · ENGINEERING DESIGN STANDARD ~PRO~D: ~E: RE~ONS: ~EET NO. MINIMUM SEAWA~ SPECIFICA~ONS PUeUC ~RKS 0~RgC~ OAT~ 03--28-2002 H--7 (c~) -'-'- '"-"-2" CLEAR, TYPICAL c~'~' ','" '*' °:.'* ';"~..~"'~ ~ X 45° CHAMFER OR ROUNDING :.'-......:, i::? :..!:.:!-;'!:- 'd~",CALEou,,(2 -- -:.'.~ .!. '.'.i.:' ;'.":' ...~ I~. I :. · :". .... ' · ., '- '- ~ REINFORCING BAR CONT. w~15' MIN. LAPPED LENGTH '.'.';~':: ~,'L._~ LIFTING RING - #4 BAR ?.-::.: ~ PRECAST SLAB 5_-,/2_t_ 5" CAP DETAIL FII,L GROOVES W/HIGHSTRENGTH GROUT"-'~ --1-7/1S' 2" -- 1-3/8" GRAVEL IN PLASTIC SOCK ..~J ] --- . . . . rI'~~. o~ ~.TE.-x (o. ~u~.) ..... L~ 65~. OF SLAB LENGTH. ATTACHED ! ~WITH BITUMASTIC MATERIAL 1-7/16" 9" STRIP OF FILTER-X (OR EQUAL)--~ ALTERNATE SLAB JOINT ss~. OF SLAB LENGTH, AT~ACHED -WITH BITUMASTIC MATERIAL _.J SLAB JOINT DETAIL [_~ ~5 ~R--REF. ~_~ E.OX~ CO*~ ~OWELS ~" I LONG W/ONE END WRAPPED IN FELT .,.-.~?..~,o~/ ~,,~ co,TED w/~,~T,c MATER~ EXPANSION JOINT CITY OF CAPE CORAL ENGINEERING DESIGN STANDARD APPROVED: TITLE: REVISIONS: SHEET NO. MINIMUM SEAWALL SPECIFICATIONS PUaUC WORKS DtRECTOR DATE 0.3-28--2002 H-~ .............. GENERAL ................ NOTES: ............. : ....... 1. THESE SPECIFICATIONS SHOW MINIMUM REQUIREMENTS FOR SEAWALLS WHICH ARE TO BE CONSTRUCTED IN THE CITY OF CAPE CORAL. INDIVIDUAL SEAWALL DESIGN IS THE RESPONSIBILITY OF THE PERMITEE, BASED ON SPECIFIC SITE CONDITIONS, T~,PE OF SEAWALL, METHOD OF CONSTRUCTION, AND ALL OTHER FACTORS AFFECTING THE FUTURE STABILITY OF THE WALL, THESE SPECIFICATIONS ARE MINIMUM REQUIREMENTS ONLY, AND ARE ~ TO BF A FINAl SFAWALL DFSIGN RELATING TO A SPECIFIC SITE ON ANY OTHER AFFECTING CONDITIONS. 2. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PRESERVATION OF ALL CONSTRUCTION STAKES UNTIL THE SEAWALL IS INSTALLED AND APPROVED. 3. CONSTRUCTION IS TO CONFORM TO CURRENT FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPFCIFICATIONS FOR ROAD AND BRIDGE CONSTRHCTION. F.D.O.T. SPECS APPLY WHERE REFERENCE IS MADE TO A SPECIFIC SECTION. 4. CONCRETE IS TO HAVE A MINIMUM CYLINDER STRENGTH OF ,3000 PSI AT 28 DAYS AND COMPLY WITH SECTION 345, F.D.O.T. SPECS. 5. REINFORCING STEEL SHALL BE GRADE 40 AND SHALL BE PLACED IN ACCORDANCE WITH F.D.O.T. SPECS., SECTION 415. 6. ALL EXPOSED SURFACES SHALL HAVE A CLASS 5 FINISH IN ACCORDANCE WiTH F.D.O.T. SPECS., SECTION 400-15. ALL UNEXPOSED SURFACES ARE TO BE FREE OF HONEYCOMBING AND MAJOR IMPERFECTIONS. 7. BACK FILL IS TO BE COMPACTED TO A STABLE DENSITY SUCH THAT NO APPRECIABLE SETTLEMENT OCCURS AFTER COMPLETION OF WALLS. 8. THE DEAD MAN ANCHORS ARE TO BE CONSTRUCTED BY PLACING CONCRETE INTO THE SPECIFIED SIZE HOLE EXCAVATED IN UNDISTURBED GROUND. IF THE SPECIFIED LENGTH TIE-ROD WILL NOT REACH SUITABLE UNDIS'I1JRBED GROUND, THEN A LONGER ROD MUST BE USED TO MEET CONDITIONS OR A .3' X 3' X 1' (THICK) HEADER STYLE DEAD MAN MAY BE USED IN DISTURBED SOILS. 9, THE CANAL FACE OF THE SEAWALL SLABS IS TO BE PLACED ON THE PROPERTY LINE (:t::6") UNLESS INSTRUCTED OTHERWISE BY PERMIT. 10. ROCK 6" IN NOMINAL DIAMETER AND LESS MAY BE LEFT IN BACKFILl- ALL OTHER ROCK IS TO BE REMOVED AND/OR USED AS RIP RAP ON SITE. 11. THE CONTRACTOR WILL BE RESPONSIBLE TO COMPLETE THE CONSTRUCTION OF THE SEAWALL WITHIN 180 DAYS AFTER COMMENCING WORK. 12. THE CONTRACTOR WILL BE RESPONSIBLE TO PEG THE TOP ROW OF THE SOD IN ACCORDANCE WITH F.D.O.T. SPECS., SECTION 575-3.3. STANDARD SURVEY STAKES AT LEAST 12" LONG, SPACED 24" APART. 13. CONTRACTOR TO SEED ALL DISTURBED AREAS UNLESS A BUILDING PERMIT IS POSTED ON SITE. 14. ALL JOB SITES SHALL HAVE SEAWALL PERMITS POSTED ON AN APPROVED PERMIT BOARD WITH RAIN SHIELD PRIOR TO BEGINNING ANY CONSTRUCTION. 15. THE CONTRACTOR SHALL BE RESPONSIBLE TO HAVE APPROVED TURBIDITY SCREENS IN PLACE DURING ANY AND ALL CLEARING, EXCAVATING, JETTING AND BACK FILLING OPERATIONS WHICH TOTALLY ENCLOSES THE CONSTRUCTION SITE. SCREENS ARE TO REMAIN IN PLACE 24 HOURS MINIMUM AFTER CONSTRUCTION CEASES, OR UNTIL TURBIDITY LEVEL IS 20 OR LESS NTU ABOVE THE PRE-CONSTRUCTION TURBIDITY LEVEL. SCREENS MUST EXTEND FROM THE WATER SURFACES TO THE BoTroM AND BE ADEQUATELY WEIGHTED TO KEEP THEM IN PLACE DURING ALL OPERATIONS. THERE SHALL BE ADEQUATE FLOATATION AT THE SURFACE TO PREVENT OVERFLOW. THIS FLOATATION MUST BE BRIGHTLY COLORED TO MAXIMIZE VISIBILITY. 16. ANY LOOSE DIRT OR STOCK PILES SHALL BE SURROUNDED BY SILT SCREENS (AT THE EDGE OF THE TOE OF THE SLOPE) TO PREVENT RUNOFF INTO CANAL. 17. CULVERT PIPE SHALL NOT PROJECT MORE THAN 4" FROM THE WATER-FACE OF THE SEAWALl- 18. ANY SEAWALL DESIGN OF NEW OR EXISTING SEAWALLS THAT DOES NOT MEET THIS MINIMUM STANDARD MUST BE DESIGNED AND SEALED BY A FLORIDA REGISTERED P.E. 19. REFER TO THE SECTION ON EROSION CONTROL FOR PROTECTION OF SLOPES. CITY OF CAPE CORAL ENGINEERING DESIGN STANDARD APPROVED: ~%E: MINIMUM SEAWALL SPECIFICATIONS REVISIONS: SH~.~.T NO. GENERAL NOTES H-9 PUBLIC WORKS DIRECTOR DATE 03--28--2002 NOTICE 2OO3 CITY CANAL DREDGING PROGRAM Dear Resident: In an ongoing effort to improve drainage, navigation, environmental impact and beautify our waterways, the Canal Maintenance Division will commence dredging operations in the Canal on or about for approximately 30 days to 90 days depending on severity of siltation. This canal will have turbidity barriers installed during the dredging process, due to regulations set by environmental agencies. If it is necessary for you to use your boat during our operation, please make arrangements with the operator of the dredge. The canal will be open to boating traffic all day on weekends. We regret any inconvenience this may cause and thank you for your cooperation. If you need any additional information, please contact the Canal Maintenance Division at 574-0748. Sincerely, William Lane Public Works Department Services Division Manager (Goes on letterhead) Date Nalne Address City Dear Property Owner: The City of Cape Coral is conducting a canal dredging program to clear certain areas of the canals that have become unnavigable within the city's canal system. Our records indicate that you are the owner on record of Unit Block__ Lots . The canal on which your property is located is in need of dredging. The city feels it would be in your best interest to have this work accomplished. Looking at this fi:om an ecological standpoint, it will be very beneficial to the entire canal system. We are, therefore, requesting permission to use your property, which is adjacent to the area to be dredged, for the temporary placement of dredged materials. Your property will be returned to its original condition upon completion of the project. Your signature and early return of one copy of the enclosed agreements will be appreciated as we anticipate dredging in the near future. Sincerely, PUBLIC WORKS DEPARTMENT William Lane Services Division Manager Public Works Department Encl. WL/jkw AGREEMENT RE: UNIT BLOCK NO. LOTS: I, (we), the owners of the above property, agree to permit the City of Cape Coral the temporary use of the property for the purpose of placing dredged materials fi:om the adjacent canal. The dredged materials will be removed fi:om the property in approximately thirty (30) working days fi:om the completion of the project and the property will be restored to its original state. SIGNED: DATE: Property Owner (s) SIGNED: William Lane Services Division Manager DATE: CITY OF CaPE CORAL PUBLIC WORKS DEPARTMENT ADOPT-A-CANAL For Flotsam Control APPLICATION FORM APPLICANT GROUP NAME ADDRESS CONTACT PERSON ALTERNATE CONTACT PERSON PHONE PHONE NAME OF CANALS TO BE ADOPTED General description of portion of canal to be adopted: FROM TO Anticipated frequency of cleaning: WEEKLY/AS NEEDED BI-WEEKLY MONTHLY Anticipated number of participants at any cleanup: (Adopt.doc) Adopt-A-Canal Program Page 2 Adopt-A-Canal Program Guidelines: Canal to be adopted must be a City maintained canal and. not a private canal. (To verify whether City maintained, contact the Program Coordinator, William Lane at the City of Cape Coral, Public Works Department, Services Division, Telephone 574-0760.) The frequency and duration of clean up are to be governed by the assigned group in accordance with need. Litter pick up volunteers may work anytime from one (1) hour after sunrise to one (1) hour before sunset, seven days a week. Adopter's Responsibilities: Contact person or alternate shall notify the City of Cape Coral contact, Noemi Ruiz, between the hours of 7:00 AM and 3:30 PM, Monday through Friday at 574-0760, and provide the following information prior to any clean up: A~ Date, time, and duration of scheduled clean up. (A routine schedule is advisable for ease of coordination. If non-routine, the Public Works Department should be given at least 24 hours advance notice.) Number of planned participants attending the clean up (to determine number of bags to be provided.) Time and location for trash pick up by Public Works Department personnel upon conclusion of the clean up. Filled bags are to be stacked together at conclusion of clean up. If this is not possible, the Public Works Department Contact Person should be informed. Eo All participants shall employ safety practices in carrying out their work, using common sense and remaining safety conscious at all times. A list of all participants' names, addresses, and phone numbers shall be submitted with this application form. (Adopt.doc) Contact person shall advise the Public Works Department Contact Person in the event the adoption group disbands. Adopt-A-Canal Program Page 3 CITY RESPONSIBILITIES: City will make available heavy trash bags for participants as requested at the scheduled time of clean up. Bags may be picked up at the Public Works Department office at 1750 Everest Parkway, Monday through Friday between the hours of 7:00 AM and 3:00 PM. City reserves the right to clean the adopted canal if a citizen in the area requests a flotsam pick up. Primary responsibility for clean up, however, rests with the designated adopted group. If no clean up has taken place in a two-month interval, the City reserves the right to assume the adopter group has disbanded. The City will put an ad in the local newspapers annually, thanking your group for their support in keeping out canals clean. CONDITIONS OF ACCEPTANCE: I, , represent that I am a spokesperson for the volunteer group known as As spokesperson for the group, I understand, agree, and concur that the City of Cape Coral assumes no liability for any injuries that may occur to volunteers while performing flotsam services on City canals with regard to the volunteers and/or their property pursuant to their participation in the Adopt-A-Canal Program: All volunteers in the Adopt-A-Canal Program are required to observe and employ rules of safety when working in the canals where boats or boat traffic may be present. It shall be my responsibility to inform all volunteers of the City of Cape Coral safety regulations while working within the canals. I underStand that it is solely my responsibility to inform all volunteers in the Adopt-A-Canal Program of the regulations of the City with regard to this program. (Adopt.doc) Adopt-A-Canal Program Page 4 ACCEPTED BY AUTHORIZED REPRESENTATIVE Please Print Signature GROUP NAME ,2003 APPROVED BY: CITY Of CAPE CORAL PUBLIC WORKS DEPARTMENT DATE APPROVED: ,2003 Completed applications, along with list of participant's names, addresses, and phone numbers shall be submitted to Mr. William R. Lane, Manager - Services Division, Public Works Department, 1750 Everest Parkway, Cape Coral, Florida 33904. (Adopt.doc)