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05-15-2018 Agenda Packet REVISED
CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA May 15, 2018 6:00 P.M. REVISED 5-8-18 CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS: 6:15 p.m. 6:25 p.m. Presentation of Proclamation declaring the week of May 6, 2018 as "Women's Lung Health Week" to American Lung Association Board Member Mark A. Carbone. Interview Applicant for appointment to the Planning and Zoning Board. (Melissa Bass) CONSENT AGENDA: 6:25 p.m. 6:30 p.m. 1. Approve Minutes for April 17, 2018 City Council Regular Meeting. 2. Resolution No. 2018-02; appointing Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal or prior inconsistent resolutions, severability and an effective date. (Melissa Bass) 3. Resolution No. 2018-03; reappointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (Randall C. Wasserman) City of Cape Canaveral, Florida City Council Meeting May 15, 2018 Page 2 of 3 4. Resolution No. 2018-04; pursuant to Sections 14-28 and 54-13, City Code, allowing dogs to be within City parks (excluding beaches) provided such dogs are on leash and under control by their handler; providing for the repeal or prior inconsistent resolutions, severability and an effective date. 5. Ratify the City Manager's execution of the Transportation Impact Fee Trust Fund Disbursement Agreement with the Brevard County Board of County Commissioners. PUBLIC HEARINGS: 6:30 p.m. 6:40 p.m. 6. Ordinance No. 03-2018; amending Section 110-372 of the City Code; providing for a 20 -foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the minimum lot areas accordingly; establishing provisions governing nonconforming townhouse structures and lots; providing relief for multiple -family and two-family dwellings existing prior to October 4, 1988 which were built in accordance with townhouse standards from certain minimum lot width and setback requirements; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. 7. Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. ITEM FOR ACTION: 6:40 p.m. 6:45 p.m. 8. Review and Approve the City Council FY 2018/19 Strategic Planning Retreat: Process and Results Report; City Council Strategic Planning Retreat Minutes of March 28, 2018; Approve the Cape Canaveral Vision Statement as currently written; Reaffirm that A1A be "Priority #1" in the City and Approve going forward on the eight projects proposed by the City Manager: Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) - $5 million; Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million; W. Central/Thurm Boulevard Streetscape - $1.42 million; Central Boulevard Streetscape - $1 million; Cumberland Farms Pocket Park - $30,000; Wagner Park - $100,000; Long Point Estuary Park - $1.38 million and Community Survey - $4,000. DISCUSSION: 6:45 p.m. 6:50 p.m. 9. Policy discussion related to City Code of Ordinances Sec. 14-28- Animals prohibited in parks and on beaches. City of Cape Canaveral, Florida City Council Meeting May 15, 2018 Page 3 of 3 REPORTS: 6:50 p.m. 7:00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x206/x207) 48 hours in advance of the meeting. [CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring the week of May 6, 2018 as "Women's Lung Health Week" to American Lung Association Board Member Mark A. Carbone. Department: Legislative Summary: Founded in 1904, the American Lung Association (ALA) has been America's leading force for lung health, inspiring generations of Americans to work together for better health and longer life for all. Lung Force is a nationwide initiative led by the ALA to unite women to stand together against lung cancer, through efforts to educate what it means to have lung cancer, that anyone can get lung cancer and to push for research innovations aimed at earlier detection and better treatments. The second week of May is ALA's "Women's Lung Health Week," intended to highlight lung cancer as the leading cause of cancer deaths for women and men in the United States, with one woman losing her battle with lung cancer every seven minutes and thirty seconds. City Council/Staff were asked to prepare/present a Proclamation declaring the second week of May as "Women's Lung Health Week" in the City of Cape Canaveral. A digital copy of the Proclamation was distributed to representatives from the ALA on May 2, 2018. Present tonight is ALA Board Member Mark A. Carbone to officially accept the Proclamation from the City. Submitting Council Member: Mayor Bob Hoog Date: 5-2-18 Attachment: Proclamation Financial Impact: Staff time/effort in preparing the Proclamation. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/30/18 The City Manager recommends that City Council take the following action(s): Present Proclamation declaring the week of May 6, 2018 as "Women's Lung Health Week" to American Lung Association Board Member Mark A. Carbone. Approved by City Manager: David L. Greene Date: 5/1/18 [CITY SEAL] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, every seven minutes and thirty seconds, one woman in the United States loses her battle with lung cancer; and WHEREAS, lung cancer is the leading cause of cancer deaths for women and men in the United States; and WHEREAS, advocacy and increased awareness will result in screening and early detection for people with lung cancer that will ultimately save lives; and WHEREAS, public support for research funding will result in better treatment and early detection methods that will ultimately save lives; and WHEREAS, Lung Force is a national initiative led by the American Lung Association, to defeat lung cancer. NOW, THEREFORE, I, Robert Hoag, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the week of May 6-12 as WOMEN'S LUNG HEALTH WEEK in the City of Cape Canaveral and encourage alI residents to learn more about lung cancer, risk factors and screening options. Signed and Sealed this [blank] Day of [blank] [blank] Mayor [EMBOSSED CITY SEAL] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Melissa Bass) Department: Community Development Summary: On March 14, 2018, the Planning and Zoning (P&Z) Board interviewed and recommended Melissa Bass to fill the current vacancy on the Board. Ms. Bass has been a resident of Cape Canaveral since 2009 and works at the Cape Canaveral Library. Her professional experience includes being an interior designer and holding a LEED- AP certification. This certification is an advanced professional credential signifying expertise in green building techniques and strategies. She has experience in the construction field and working with developers and contractors. Per City Code of Ordinances Section 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Ms. Bass's interview/interest in the City of Cape Canaveral P&Z Board, the Board recommends she be appointed by the City Council (Attachment 2). Submitting Department Director: David Dickey Date: 5-4-18 Attachments: 1 — Board Application 2 — P&Z Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5/4/18 The City Manager recommends that City Council t e the following action: Interview Applicant Melissa Bass. Approved by City Manager: David L. Greene Date: 5/4/18 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: MELISSA BASS 2. Home Address: 248 CORAL DRIVE 3. Home and Cellular Telephone: CELL 501-258-6932 4. Occupation: INTERIOR DESIGNER/LIBRARY AIDE 5. Business Telephone: 321-868-1101 6. Business Address: 201 POLK AVE CAPE CANAVERAL, FL 32920 7. E -Mail: melissamitchellbass@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being Mkig appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? Initials (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b, If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: AS A 9 YEAR RESIDENT, HOME OWNER & LOCAL WORKER, I LOVE OUR TOWN. I WANT TO SEE IT THRIVE & FUNCTION WHILE PRESENTING A COHESIVE, ATTRACTIVE IMAGE TO RESIDENTS & VISITORS. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. 1 Community Appearance Board e. Construction Board of Adjustment and Appeals' f. 2 Culture and Leisure Services Board g. Library Board h. 3 Planning and Zoning Board* i. 4 Other: WHATEVER MIGHT BEST UTILIZE MY SKILL *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: I HAVE VOLUNTEERED MY TIME & ARTWORK FOR SEVERAL CITY EVENTS & PROJECTS. 4. Please list any specialized skills and training (e,g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. NCIDQ & FL LICENSED INTERIOR DESIGNER, LEED-AP BD+C, 11+ YEARS WORKING WITH ARCHITECTS, ENGINEERS & CONTRACTORS ON DEPT. OF DEFENSE & NASA PROJECTS, COMMERCIAL & RESIDENTIAL INTERIOR & EXTERIOR PROJECTS & CAMPUSES D. STATE REPORTING REQUIREMENTS Section 760,80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE African-American Asian -American Hispanic -American Native -American X Caucasian Not Known GENDER Male X Female Not Known DISABILITY Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION, YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT I5 YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from dale of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Melissa Bass Date: 2/27/18 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 2/27/18 Date Appointed:. Appointed by: Board Appointed to: Term Expires: Page 3 of 3 100 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220 Memo Attachment 2 CITY OF CAPE CANAVERAL Community Development TO: Cape Canaveral City Council VIA: David L. Greene, City Manager FROM: David Dickey, Community Development Director DATE: 4/25/2018 RE: Recommendation to the City Council — Planning and Zoning Board Applicant Ms. Melissa Bass At the March 14, 2018 Planning and Zoning Board meeting, the Board interviewed Ms. Melissa Bass to fill a vacancy. Based on her educational background, professional experience and LEED-AP certification, the Board recommended the vacancy be filled by Melissa Bass. Please let me know if you have any questions. Thank you. Item No. 1 CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY April 17, 2018 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mayor Council Member Council Member Council Member Others Present: City Attorney City Manager City Clerk Community Development Director Community Engagement/Deputy Public Works Services Director Administrative/Financial Services Director Human Resources/Risk Management Director Culture & Leisure Services Director Capital Projects Director Economic Development Director Public Works Services Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Brevard County Sheriffs Office Lieutenant Cape Canaveral Fire Department Captain Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond PUBLIC PARTICIPATION: Peggy Green, 219 Long Point regarding negative effects of overdevelopment in the City. Anthony Garganese David L. Greene Mia Goforth David Dickey Joshua Surprenant John DeLeo Jane Ross Gustavo Vergara Jeff Ratliff Todd Morley Ralph Lotspeich Daniel LeFever Lisa Day Linda Moros Brian Neal Derek Yossifon Road, expressed concerns David P. Henry, Melbourne, Florida, read the Parental Alienation Awareness Month Proclamation for April into the public record. Mayor Hoog presented him with a signed and sealed copy of the same. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2018 Page 2 of 4 Joe Abreu, 225 Long Point Road, expressed concern that his request for hand-written mailed notification by the City of any activity regarding Long Point Road was not reflected in the draft meeting minutes from the last City Council Meeting of March 20, 2018. Mr. Abreu inquired about State requirements for the area and stated he and other residents would like to have a say in what is going on. Mayor Hoog affirmed the minutes would be amended as requested and stated he would speak with Mr. Abreu regarding State requirements pertaining to City owned land at the end of Long Point Road. CONSENT AGENDA: Mayor Hoog inquired if Council needed to remove any Items for discussion. Council Member Morrison removed Item No. 1. 1. Approve Minutes for March 20, 2018 Regular City Council Meeting. 2. Award the Bid for replacement of Force Main #3 to TB Landmark Construction, Inc. in the amount of $324,319.00 and authorize City Mager to execute the Construction Agreement for same. A motion was made by Council Member Randels, seco ` by Council Member Raymond, to approve Item No. 2. The motion car' 5-0. #1 Discussion ensued and included whether to take action to correct the March minutes or to add the action to the Agenda tonight and how Mayor Hoog would carry out the request for notification and information. City Manager Greene made the suggestion to adopt the minutes for March 20, 2018 as written, make certain the request by Mr. Abreu is clarified under Public Participation for these meeting minutes and ensure the commitment made by Mayor Hoog to Mr. Abreu to notify and meet with him will be carried out in the future. City Manager Greene assured Mr. Abreu that a copy of the draft language to be included in the minutes for this meeting regarding his comments under Public Participation will be delivered to him in no less than one week from today. A motion was made by Council Member Morrison, seconded by Council Member Randels, to adopt the Minutes for March 20, 2018, as written. The motion carried 5-0. PUBLIC HEARINGS: 3. Ordinance No. 02-2018; providing Code amendments related to the sergeant at arms; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued and included there have been no amendments since first reading. A motion was made by Council Member Morrison, seconded by Council Member Randels, to adopt Ordinance No. 02-2018 at second reading. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 5-0. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2018 Page 3 of 4 4. Ordinance No. 03-2018; amending Section 110-372 of the City Code; providing for a 20 - foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the minimum lot areas accordingly; establishing provisions governing nonconforming townhouse structures and lots; providing relief for multiple -family and two-family dwellings existing prior to October 4, 1988 which were built in accordance with townhouse standards from certain minimum lot width and setback requirements; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued. The Public Hearing was opened. Lamar Russell, 376 Harbor Drive, spoke in favor of the Ordinance and reasons why. Andrea Shea King, 7017 Orange Avenue, shared concerns over the rents in the community going up, popularity of tiny homes and suggested the City consider segregating part of the community for affordable housing. The Public Hearing was closed. Discussion ensued. Mayor Hoog called for a motion. A motion was made by Council Member Morrison to table the first part of Ordinance No. 03-2018 and adopt the second half in regards to the conversion of multi -family and single family homes and eliminate any language that pertains to minimum building widths. Discussion ensued. A motion was made by Council Member Morrison to amend eliminating all of the language that describes minimum feet buildings, minimum widths and only keep the language that describes the conversion process. Discussion ensued. The motion died for lack of a second. Mayor Hoog called for a motion to pass Ordinance No. 03-2018 as written. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to accept Ordinance 03-2018 as written. The motion carried 4-1 with Council Member Morrison voting against. 5. Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana Treatment Center dispensing facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. Discussion ensued. The Public Hearing was opened. Martha Vance, 214 Adams Avenue, shared her personal views regarding the measure and it makes her uncomfortable considering current drug problems in the community. David P. Henry, Melbourne, FL, shared his personal views regarding the issue including the opioid crisis and medical marijuana in direct competition with prescription drugs. Discussion ensued. A motion was made by Council Member Morrison to add in all parcels, Cl and C2, along State Road A 1A and the proposed few parcels south of International Drive, to expand the allowable area just south along AlA and keep as recommended on all other parts, to all C 1 properties within the City of Cape Canaveral. Discussion ensued. The motion died for lack of a second. A motion was made by Council Member Raymond, seconded by Council Member Randels to approve Ordinance 04-2018, as written. The motion carried 5-0. DISCUSSION ITEMS: 6. Policy discussion related to Community Redevelopment Agency Board meetings: Council Member Morrison explained the Item. Discussion ensued. Mayor Hoog called for a motion and consensus from Council. A motion was made by Council Member Morrison for Staff City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2018 Page 4 of 4 to draft an ordinance, for the City Council to vote on, prior to the next CRA Meeting. The motion died for lack of a second. 7. Policy discussion related to City Code of Ordinance Sec. 2-64 — Call to order; quorum; roll call: Council Member Morrison explained the Item. Discussion ensued. Mayor Hoog stated that if Council Member Morrison or anyone wants a moment of silence they may ask for it before roll call and called to move on with the Meeting. REPORTS: Council Member Raymond reported she led the Mayors' Fitness Challenge walks on March 24 and April 14, 2018; attended the Space Coast League of Cities Board of Directors Meeting where they decided to give the Campaign Forum back to the League of Women Voters of the Space Coast, the Indian River Lagoon National Estuary 2017 Annual Report is now available; her visit to Winter Garden's new City Hall and read a Haiku poem by her grandson for Cape Canaveral. Council Member Randels announced the First Quarter Brevard County Government Services Directory Brevard Delivers was published containing the City's advertisement; reported activities of various boards and committees he serves on including the Transportation Planning Organization where they receive $2.6 million for in house planning, design and engineering of State Road AlA north from Long Point Road. Council Member Morrison recognized Community Engagement Staff for live streaming the Meeting; reported is working with Staff on early stages of conceptual height limits in R2 zones; complimented Staff regarding prompt removal of trash from the beach; and reported the success of the Keep Brevard Beautiful Trash Bash this year. Mayor Pro Tem Brown thanked Staff for excellent job of hosting the Space Coast League of Cities dinner meeting. Mayor Hoog announced he and Mayor Pro Tem Brown are scheduled to attend a luncheon at Cape View Elementary Media Center to recognize different people in the community and Brevard County; and announced the Arbor Day Celebration in the City will be Thursday, April 27, 2018. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:41 PM. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 2 Subject: Resolution No. 2018-02; appointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Melissa Bass) Department: Legislative Summary: Melissa Bass was interviewed at the March 14, 2018, Planning and Zoning (P&Z) Meeting to fill a vacancy, where the Board voted 5-0 to recommend Ms. Bass be appointed. Ms. Bass has been a resident of Cape Canaveral since 2009 and works at the Cape Canaveral Public Library. Her professional experience includes being an interior designer and holding a LEED-AP certification. This certification is an advanced professional credential signifying expertise in green building techniques and strategies. She has experience in the construction field and working with developers and contractors. Following the completion of her first term, Ms. Bass will be eligible for reappointment to the P&Z Board for one additional term, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent upon City Council to appoint a member to the P&Z Board. Submitting Department Director: Mia Goforth Date: 5/4/18 Attachment: Resolution No. 2018-02 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5/4/18 The City Manager recommends that City Council take the following action : Adopt Resolution No. 2018-02. Approved by City Manager: David L. Greene Date: 5/4/18 RESOLUTION 2018-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-3 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to the Board indicated below: Melissa Bass shall be appointed to the Planning and Zoning Board, to serve until September 15, 2020. Following the completion of her first term, this appointee shall be eligible for reappointment to the Planning and Zoning Board for one additional term consistent with the limitations set forth in Section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution 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 Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of May, 2018. (Signature Page Follows) City of Cape Canaveral Resolution No. 2018-02 Page 1 of 2 ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2018-02 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 3 Subject: Resolution No. 2018-03; reappointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (Randall C. Wasserman) Department: City Clerk's Office Summary: The term for Community Appearance Board Chairperson Randall Wasserman expired May 1, 2018. Mr. Wasserman has served on the Board since June 7, 2005 and expressed a desire to continue serving on the Board for an additional three year term (Attachment 1). Consistent with §2-171(f), City Code, Mr. Wasserman is eligible for reappointment as all previous applications received for the Community Appearance Board have either been rescinded, expired after three years or the applicants have been appointed to other advisory boards. Following completion of this term, Mr. Wasserman may be eligible for reappointment to the Community Appearance Board for an additional term, provided no other qualified applicant(s) submit application(s) seeking appointment, consistent with §2-171(f), City Code. It is now incumbent upon the City Council to reappoint a Member to the Community Appearance Board. Submitting Department Director: Mia Goforth Date: 5/4/18 Attachments: (1) Expiration Notice (2) Resolution No. 2018-03 Financial Impact: Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo , Date: 5/2/18 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2018-03. Approved by City Manager: David L. Greene Date: 5/3/18 City of Cape Canaveral Attachment 1 Randy Wasserman 5801 N. Banana River Blvd., #933 Cape Canaveral, FL 32920 Dear Mr. Wasserman: April 23, 2018 Your term on the Community Appearance Board will expire on May 1, 2018. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3 -year term, sign below and return this Notice to the City Clerk using the enclosed stamped, self-addressed envelope, or by emailing a signed, scanned copy to m.goforth@cityofcapecanaveral.org. If you choose to continue serving, a Resolution for your reappointment to the Board, retroactive to May 1, will appear on the City Council Meeting Agenda scheduled for May 15, 2018 (your presence at which is not required). [✓] DO wish to be considered for reappointment. [ ] DO NOT wish to be considered for reappointment. (Signature) RANDY WASSERMAN, Chairperson Mia Goforth, City Clerk Encl: SASE 100 Polk Avenue — P.O. Box 326 • Cape Canaveral, FL 32920 (321) 868-1220 • Fax (321) 868-1248 Visit us at www.cityofcapecanaveral.org • info@cityofcapecanaveral.org • #TheSpaceBetween THE SPACE BETWEEN Attachment 2 RESOLUTION NO. 2018-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND A RETROACTIVE EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-36 established a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, at its discretion, to reappoint a Member to the Community Appearance Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment of a Voting Member to the Community Appearance Board pursuant to Sections 2-171(e) and 22-28 of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual to serve as a regular voting member: Randall C. Wasserman shall be reappointed to a new, three-year term, to serve until May 1, 2021. At the completion of this term on the Board, this appointee may be eligible for reappointment to the Board for an additional term, if no other qualified applicant(s) submit application(s) seeking appointment to the Board, consistent with the limitations set forth in Section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution 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 portions hereto. Section 5. 2018. Effective Date. This Resolution shall become retroactively effective on May 1, (Adoption and Signature Page follows) City of Cape Canaveral Resolution No. 2018-03 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of May, 2018. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2018-03 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 4 Subject: Resolution No. 2018-04; pursuant to Sections 14-28 and 54-13, City Code, allowing dogs to be within City parks (excluding beaches) provided such dogs are on leash and under control by their handler; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community Engagement Summary: Since its inception in 2016, the Community Engagement Department has encouraged residents and visitors to share their thoughts in regard to permitting leashed dogs in City parks. These conversations have taken place in a variety of settings including, Community Brainstorm meetings, interactions at City events and through various social media channels. As our community continues to grow, and the built environment changes, the need to establish "green spaces" that allow residents and visitors the ability to enjoy quality time with their dogs and families is important. Many in the community believe allowing leashed dogs in all City parks would be beneficial to residents and visitors and would create a more pet -friendly community by: • Strengthening the community as a whole by embracing inclusivity, • Creating a positive and engaging environment, removing the opportunity for negative interactions between dog owners and non -dog owners in City parks, • Increasing attendance to City events and City parks by residents and visitors, and • Creating an additional City branding platform by defining itself as the most dog -friendly City in Brevard County. To further realize the City's Vision Statement, the Culture and Leisure Services Department organized the City's first Fido Field Day community event (National Dog Day) on August 26, 2017 inside Manatee Sanctuary Park. The event was a huge success in regard to vendors, pet adoption, attendance and post -event feedback. As a result, on January 25, 2018, the Culture and Leisure Services Board voted to permit leashed dogs in City parks with proper signage on a one- year trial study basis. (Attachment 1) Relying on Chapter 54 - PARKS AND RECREATION (Attachment 2), §54-24 - Promulgation of rules; city fees; preexisting rules; conflicts with rules; enforcement and penalties: (a) The city manager is hereby authorized to adopt administrative rules supplemental to, and consistent with, the provisions of this article that he or she deems necessary and appropriate to implement the provisions of this article relative to the use of city parks and the violation of such rules shall constitute a violation of this article [..] Staff created and replaced all park signage to reflect the allowance of leashed dogs. City parks where leashed dogs were allowed include: • Banana River Park • Bennix Park • Canaveral City Park • Center Street Park • Manatee Sanctuary Park • Nancy Hanson Recreation Complex exterior pedways City Council Meeting Date: 5/15/2018 Item No. 4 Page 2 of 3 • Patriots Park • Veterans Memorial Park • Xeriscape Park Information regarding the allowance of leashed dogs in City parks was disseminated via the City website, social media platforms and the Weekly Update on February 2, 2018. Over the past four months, community feedback has been overwhelmingly positive, with no major incidents (such as bites or attacks), no noise complaints from park neighbors and no increase in pet waste removal duties by Staff. It has come to the attention of Staff that the action to allow leashed dogs in City parks using Chapter 54, §54-24 can be viewed as in conflict with Chapter 14 - ANIMALS, §14-28 (Attachment 3) - Animals prohibited in parks and on beaches: (a) No animal shall be allowed in any public park or on any beach in the city, unless a specific park or beach area is designated as an area where animals shall be permitted. Such designation shall be by resolution adopted by the city council. Parks and beach areas so designated shall be properly identified and posted [...] and Chapter 54 - PARKS AND RECREATION, §54-13. - Domestic and other animals: (a) It is unlawful to allow any pet or domestic animal, as defined in § 585.001 or § 823.041, Florida Statutes, under a person's care, custody or control into any city park unless the rules promulgated by the city with regard to the particular city park specifically authorizes such animals to be present and, in the event of such rules being promulgated, a person may act in accordance with such rules [...] Staffs action to administratively adopt new park rules allowing for leashed dogs was from a complementary association of Chapter 54, §54-24, Chapter 14, §14-28 and Chapter 54, §54-13. Staff recommends that the one-year trial study period end in May 2018, and leashed dogs be allowed in City parks permanently due to community enjoyment and positive feedback. Submitting Department Director: Joshua Surprenant j S Date: 5/8/2018 Attachments: (1) Culture and Leisure Services Board - January 25, 2018 Meeting Minutes (2) City Code Chapter 54 - PARKS AND RECREATION (3) City Code Chapter 14 - ANIMALS, § 14-28 - Animals prohibited in parks and on beaches (4) Resolution No. 2018-04 Other Information: Florida State Statute 585.01, Florida State Statute 823.041, Florida State Statute 585.001, ARTICLE II. - CULTURE AND LEISURE SERVICES BOARD Financial Impact: Staff time/effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5/8/18 City Council Meeting Date: 5/15/2018 Item No. 4 Page 3 of 3 The City Manager recommends that City Council take the following action(s): Adopt Resolution No. 2018-04. Approved by City Manager: David L. Greene Date: 5/8/18 Attachment 1 CULTURE AND LEISURE SERVICES BOARD MEETING MINUTES JANUARY 25, 2018 A Meeting of the Culture and Leisure Services Board was held on January 25, 2018, at the Nancy Hanson Recreation Complex, 7300 North Atlantic Avenue, Cape Canaveral, Florida. The meeting was called to Order at 5:30 p.m. by Chairperson Gene Petre. The Secretary called the roll. MEMBERS PRESENT Gene Petre Chairperson Douglas Raymond Vice Chairperson Barry Schoenholz Mickie Kellum John Datillo Maureen Michel MEMBERS ABSENT Marlene Woodside OTHERS PRESENT Gustavo Vergara Molly Thomas Culture & Leisure Services Director Board Secretary — Cultural Programs Manager ACTION/DISCUSSION ITEMS: Approval of Meeting Minutes of November 30, 2017 Motion by Mr. Schoenholz to approve Meeting Minutes of November 30, 2017 as written seconded by Mr. Datillo. Vote on the motion carried unanimously. Officer Elections Motions by Ms. Michel to maintain current officers: Mr. Petre for Chairperson—seconded by Mr. Schoenholz; Mr. Raymond for Vice Chairperson—seconded by Ms. Kellum. Both motions carried unanimously. Recommendation to Allow Leashed Dogs in Parks Motion by Mr. Schoenholz to accept Staff recommendation permitting leashed dogs parks, on a one year trial basis, with proper signage --seconded by Ms. Kellum. OLD BUSINESS: • Mr. Petre inquired about ancillary uses for racquetball courts. • Mr. Schoenholz inquired about increased security allotments for new facilities. • Mr. Petre inquired about facility usage/attendance. • Ms. Kellum inquired about the accessibility of fitness class times. NEW BUSINESS: Ms. Kellum inquired about the scope of the beach nourishment project. The next meeting of the Culture and Leisure Services Board is scheduled for Thursday, March 29, 2018, 5:30 p,m. at Cape Canaveral City Hall. There being no further business, the meeting adjourned at 6:33 p.m. Gene Petre, Chairperson 2 2018. 0 Molly Thomas, Board Secretary 5/7/2018 Cape Canaveral, FL Code of Ordinances Chapter 54 - PARKS AND RECREATIONE1l Attachment 2 ARTICLE I. - IN GENERAL Sec. 54-1. - Definition of city park. "Citypark"means land owned or maintained by the City of Cape Canaveral and which is designated as a public park or public recreational area by the City's Comprehensive Plan (Recreation and Open Space Element), by a resolution adopted by the city council, or by dedication that has been accepted by the city council. Included in the definition of the term "city park" are the city's special use facilities and all natural resources, wildlife, facilities, improvements, waters and materials in, on or under the lands so designated. (Code 1981, § 606.05; Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-2. - Procedures for naming of city parks. (a) Intent and purpose; findings. The intent and purpose of this section is to establish a uniform method and procedure to assist the city council in naming certain city parks. The city council hereby finds that the authority to name city parks is solely vested in the city council. Nothing herein shall be construed as a delegation of any authority to name a city park to any other person or entity. The naming of city parks shall be determined in the sole and absolute discretion of the city council. (b) Genera//y. The naming of a city park shall be determined by the city council either (i) based on its own initiative, (ii) upon a recommendation by the director of leisure services, (iii) upon the request of any person or entity desiring to assist the city council in determining the name of any city park, or (iv) as part of city council approval of a new land development project which consists of a new city park pursuant to the city's land development regulations. The director of leisure services may make a recommendation to the city council based on the director's own initiative, or as part of an assistance petition as set forth below. (c) Naming guidelines. When considering the naming of any city park, the director of leisure services and city council shall consider the following naming attributes: 1. Recognized geographic names; 2. Natural historic features; 3. Significant historic contributions to the city, State of Florida, or United States; 4. Significant material or financial contributions to the city; 5. Persons of historic service to the city; 6. Persons of outstanding civic service to the city; and 7. Documented community support for the name. (d) Other factors. When considering the naming of any city park, the director of leisure services and city council shall also consider the following other factors: 1. The cost that the naming or renaming will have on the city or any other person who is or could be materially affected by the name or name change; 2. Naming proposals that promote alcohol and tobacco products or political organizations will not be considered; 3. Preference shall be given to names of long established local usage and names that lend dignity to the park or recreational facility to be named; 1/15 5/7/2018 Cape Canaveral, FL Code of Ordinances 4. Persons currently serving on the city council or serving as an existing city employee shall not be considered; 5. Names selected shall be of enduring, honorable fame, not notoriety and shall be commensurate with the significance of the city park; 6. Names with connotations which by contemporary community standards are derogatory or offensive shall not be considered; 7. Proliferation of the same name for different city parks shall be avoided; 8. Proliferation of multiple names for different parts of a particular city park shall be avoided; and 9. If the name is an individual person, whether the individual has ever been convicted of a felony. (e) Assistance petitions. Any person or entity wishing to assist the city council in determining the name of a city park shall submit an assistance petition to the director of leisure services for evaluation and a recommendation by the director. The petition shall be in writing and shall demonstrate the basis on which the petitioner believes the naming request satisfies the naming guidelines and other factors set forth in subsections (c) and (d) and demonstrate that requisite minimum community support has been obtained by the petitioner pursuant to subsection (f). Upon receipt of duly submitted assistance petition, the director shall make a recommendation to the city council either for approval or disapproval of the assistance petition. (f) Minimum community support for assistance petitions. Each assistance petition submitted to the director pursuant to subsection (e) shall be accompanied by petition signatures that demonstrate minimum community support. Minimum community support is demonstrated if an assistance petition is signed by at least five percent of the residents of Cape Canaveral based on the last officially reported population statistics maintained by the city. No assistance petition shall be processed by the city manager unless said petition has the minimum number of signatures required by this subsection. (Ord. No. 10-96, § 1, 6-18-96; Ord. No. 21-2004, § 2, 11-16-04; Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-3. - Reserved. Editor's note— Ord. No. 07-2014, § 2 adopted June 17, 2014, repealed § 54-3which pertained to open fires restricted and derived from Ord. No. 01-2003, § 3 adopted Jan. 21, 2003. Sec. 54-4. - Commercial solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise, services, goods, promotional schemes, advertising programs or property of any kind or character in the following locations in the city: (1) All of the sand beach areas between the Atlantic Ocean and the city set back line for beachfront lots, except as authorized by franchise agreement pursuant to section 54-5, herein (2) All public parking lots and facilities for beach or park access, including dune crossovers. (3) All publicly owned parks. The words "solicit" or "canvass" as used herein shall include any act, delivery or exchange not initiated by the prospective customer, which directs attention to any business, mercantile or commercial establishment or enterprise, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals or any exchange of value. 2/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (Ord. No. 26-2003, § 2, 9-2-03; Ord. No. 14-2010, § 2, 12-21-10) Sec. 54-5. - Commercial beach vendor franchises. (a) Authority. The city council may enter into franchise agreements granting the right, privilege and franchise to use the sand beach areas within the city's jurisdictional boundaries to solicit, canvass or merchandise for the sale of food and nonalcoholic beverages. Said franchise agreements shall be for the purpose of a particular person or entity operating a commercial beach vending business in the city in conformity with, and subject to, all provisions, terms and conditions of this section. A person's or entity's right to use the city's beaches for the franchise purposes stated herein shall not be exclusive and the city reserves the right to grant the use of its beaches to any person at any time during the period of any franchise awarded pursuant to this article. (b) Award of franchise. All franchises granted hereunder shall be awarded by the city council through the submission and consideration of competitive bids pursuant to all applicable laws and policies. Franchises shall not exceed a term of five years with an optional one year renewal provided both parties agree and no more than two franchises shall be in effect at any given time. A map of the approved franchise area will be provided to the franchisee and a copy kept by the director of leisure services. In considering any bids submitted for a franchise under this section, the city council shall consider the following criteria in addition to any criteria included in the bid specifications: (1) The effects the proposed franchise would have on the public's use and enjoyment of the city's beaches; (2) The effects the proposed franchise would have on public safety; (3) The performance history of the proposed franchisee, if any; (4) The environmental impacts of proposed franchise activities; (5) Public input; (6) The ability of the bidder to comply with the minimum requirements of franchises under subsection (d); (7) The prices offered for the sale of food and beverages; and (8) Any other criteria deemed relevant by the city council. (c) Franchise fee. The city council shall impose a franchise fee upon any person or entity that enters into a franchise agreement with the city pursuant to this section. (d) Minimum requirements of franchisees. (1) If the franchisee is a corporation or other entity, it shall provide documentation that it is duly registered to conduct business in the state. (2) Franchisee shall provide the city with a detailed description of the scope of its proposed beach vending operation, including, but not limited to, a description of the food and beverages to be sold; number and description of carts or other apparatus used to store or transport merchandise; name of each employee, and the proposed price of all merchandise. (3) The principal of any franchisee and all persons conducting beach vending activities on city beaches shall be subject to a background check. The city reserves the right to refuse to award a franchise or to terminate an existing franchise in the event any principal or any person conducting beach vending activities on city beaches has been convicted of a felony within the past five years. (4) Franchisees shall be required to furnish a fully paid commercial general liability damage and food and beverage liability insurance policy. Such insurance policy shall be procured by the franchisee from a company licensed to do business in the state. The policy must protect the city, its officers, agents, and attorneys from any and all claims or damages to property and or bodily injury which may result from or 3/15 5/7/2018 Cape Canaveral, FL Code of Ordinances in connection with any of the operations carried on by franchisee, list the city as an additional named insured, and provide for a deductible deemed acceptable by the city manager. The franchisee shall also provide proof of worker's compensation insurance at the limits provided by the Florida statutes. (5) Franchisees shall, to the fullest extent permitted by law, indemnify and hold harmless the city and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees), which directly or indirectly arise out of, or result from any act or failure to act of franchisee which in any way is related to franchisee's activities or services under the franchise. (6) Prior to commencing vending activities under an awarded franchise, franchisee must obtain and maintain in good standing all food, beverage, business tax and other local and state licenses. (7) Franchisee shall fully comply with all terms and conditions of any franchise agreement with the city. (e) Manner and conduct of beach vending. Beach vending authorized by franchise under this section shall only be authorized between the hours of 9:00 a.m. and dusk daily and shall be conducted in a manner that is consistent with the public's use of the beach as a passive and active recreational facility and with the public's expectation that activities and services provided on the beach will enhance one's enjoyment of their beach experience. As such, no person or entity operating under a commercial beach vendor franchise shall: (1) Solicit a person whose eyes are closed; (2) Touch a person without consent during a solicitation; (3) Continue a solicitation after receiving a negative response from the person solicited; (4) Impede the free movement of any person; (5) Operate a motorized beach vending vehicle or cart on the beach or within restricted areas; or (6) Solicit using any loud sound, vociferous speech, boisterous conduct or profane or vulgar language. (f) Minimum appearance/dress requirements. Persons engaging in commercial beach vending shall be required to wear at a minimum an opaque short sleeve T-shirt and opaque short pants covering the pelvic area, around the waist, and the upper part of the legs. The T-shirt shall prominently display the business name of the franchisee. (g) Identification requirements. (1) Franchisees shall display their beach vending license so that it is visible to patrons, either on their person or on their vending apparatus, at all times while engaging in commercial beach vending; (2) The cart or other vending apparatus must display the prices for all items offered for sale. (h) Location ofcommercia/beach vending. Commercial beach vending shall be prohibited within the following areas: (1) Within conservation areas, dunes or other protected zones; (2) Within beach parking areas; (3) Within pedestrian beach approaches; or (4) Within 25 feet of any lifeguard tower or facility. (i) Termination or suspension of franchise. The city council may terminate any franchise awarded under this section upon a finding that the franchisee has violated the provisions of this section or has defaulted under, or otherwise violated, the franchise agreement. (Ord. No. 14-2010, § 2, 12-21-10; Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-6. - Commercial recreational franchises. 4/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (a) Authority. The city council may enter into franchise agreements granting the right, privilege and franchise to use beach areas and riverfront parks within the city's jurisdictional boundaries to provide individual or group surfing, paddleboarding or kayaking instruction to the public. Said franchise agreements shall be for the purpose of a par person or entity operating a commercial surf, paddleboard, or kayak business in the city in conformity with, and all provisions, terms and conditions of section 54-5, except as explicitly set forth below in subsection (b). A persor entity's right to use the city's beaches and riverfront parks for the franchise purposes stated herein shall not be e and the city reserves the right to grant the use of its beaches and riverfront parks to any person at any time durir period of any franchise awarded pursuant to this article. (b) Notwithstanding that all provisions, terms and conditions of section 54-5 shall apply to all franchises granted pursuant to this section 54-6 the following additional provisions shall apply to all franchises for surf, paddleboard or kayak instruction franchises: (1) Individual or group surf, paddleboard, or kayak lessons may be held at the city's beaches or riverfront parks, as authorized by the city manager or city manager's designee. (2) Franchisee shall provide the city with a detailed description of the scope of its proposed surf, paddleboard or kayak operation, including but not limited to a description of the services to be rendered, number and description of equipment or other apparatus used to provide the service, name of employee, and the proposed price of all services. (3) Food and beverage liability insurance is not required for franchises authorized pursuant to this section 54-6. All other insurance requirements set forth in section 54-5 shall apply to franchises authorized pursuant to this section. (4) Surf instruction is only authorized between the hours of 8:00 a.m. and 5:00 p.m. daily. (5) Paddleboard or kayak instruction held at a riverfront park is authorized only during the park's posted operating hours. (6) The franchisee must display prices for all services rendered. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-7. - Hours of operation and general use of city parks. (a) All city parks shall be closed during the evening time period from dusk (sunset) to dawn (sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted prominently in each city park. (b) Programs or events sponsored or approved by the city, or for which the city has issued a permit, shall be permitted to use the city park during such program or event for the period of time approved by the city. (c) The city council by resolution or the city manager by administrative rule may adopt more restrictive or extended hours for any particular city park on a case-by-case basis if legitimate circumstances warrant hours of operation different than those set forth in subparagraph (a) of this section. (d) The city council or the city manager may close any city park as deemed appropriate in the event of an emergency or an imminent threat to the public health, safety or welfare. (e) Persons using any city park do so at their own risk. (f) Adults are responsible for children who they bring to a city park or who are otherwise under their care, custody or control. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-8. - Traffic. 5/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (a) The State Uniform Traffic Control Laws, chapter 316, Florida Statutes, are incorporated by reference and made pz article and shall apply to the operation of all motor vehicles, as defined in chapter 316, on streets and roads in all park(s), unless modified herein. Law enforcement officers and city employees are hereby authorized to direct tral whenever necessary within the city park(s). (b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon any road, driveway, path, trail, parking area, or other area within a city park except when the area has been marked, permitted or approved for such activity or activities either by permanent signage or markings or when permitted by the city in the course of a public event or activity. (c) It is unlawful to cause any vehicle for hire to stand upon any part of a city park for the purpose of soliciting passengers. (d) Pursuant to § 316.008(1)(e), Florida Statutes, which authorizes the city to establish speed limits on city streets in public parks, it is unlawful to drive a vehicle at a rate of speed exceeding ten miles per hour in any city park unless the city has posted a greater speed limit. (e) It is unlawful to enter or exit from any city park in any vehicle except at entrances and exits designated for such purpose by the city. (f) It is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere in a city park during hours when the city park is closed. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-9. - Pollution and litter. (a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or foreign matter into the waters of any ocean, lake, pond, canal, pool, river, creek, inlet, tank or reservoir in any city park or on the grounds of any city park. (b) It is unlawful to cause any pollutant, as defined in § 206.9925 or § 376.031, Florida Statutes, to be placed in or to otherwise pollute the lands or waters of a city park. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-10. - Removal of natural resources. (a) It is unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones, plants, trees, shrubs, wood, flora, fauna or their materials from the city park unless issued a general or specific permit to do so by the city for the purposes of educational activities or good husbandry. (b) It is unlawful to cause or make any excavation by tools, equipment. blasting or other means or agency at a city park unless issued a general or specific permit to do so by the city for the purposes of educational activities or good husbandry. (c) Subsections (a) and (b) do not apply to city or Brevard County workers or authorized contractors performing maintenance and upkeep of the city parks at the direction or consent of the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-11. - Fireworks; destructive devices; weapons; other potentially dangerous uses. (a) It is unlawful to carry, fire or discharge any explosive, or weapon as those terms are defined in § 790.001, Florida Statutes, or any fireworks, as defined in § 791.01, Florida Statutes, of any description in a city park. However, the city council hereby expressly recognizes the state law preemption of firearms and ammunition 6/15 5/7/2018 Cape Canaveral, FL Code of Ordinances pursuant to § 790.33, Florida Statutes, and therefore, this section shall not apply in any respects to firearms and ammunition. (b) The city may authorize or issue permits for fireworks displays for city sponsored events and activities. (c) It is unlawful to carry, fire or use rockets and radio controlled planes, boats, cars and helicopters at a city park unless such uses are specifically authorized or permitted by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-12. - Hunting/wildlife preservation and conservation. (a) It is unlawful to harass, hunt, catch, harm, kill, trap, shoot, shine lights at or throw missiles at any animal, of any type or species, in any city park. Exception to the foregoing is made in that snakes known to be deadly poisonous may be killed on sight in self-defense. (b) It is unlawful to use nets to catch fish in any publicly owned body of water or within any city park. (c) It is unlawful to catch fish for commerce within any city park, unless otherwise permitted. (d) It is unlawful for a person to remove or have in his or her possession any wild animal, of any type or species, or the eggs or nest of young reptile or bird which is or was located in a city park. (e) It is unlawful to introduce into or leave any wild animal in a city park. (f) Unless direct water access is designated by city signage, or a special permit is issued, the launching of kayaks, boats or any other watercraft is prohibited in city parks. (g) The city may issue permits to allow activities and actions that are otherwise contrary to the provisions of this section if the city determines that the activities and actions will be accomplished for management, scientific or husbandry purposes and are consistent with the public interest. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-13. - Domestic and other animals. (a) It is unlawful to allow any pet or domestic animal, as defined in § 585.001 or § 823.041, Florida Statutes, under a person's care, custody or control into any city park unless the rules promulgated by the city with regard to the particular city park specifically authorizes such animals to be present and, in the event of such rules being promulgated, a person may act in accordance with such rules. (b) It is unlawful to abandon any domestic animal, as defined in § 585.01 or § 823.041, Florida Statutes, into or at a city park. (c) It is unlawful to feed any animal at a city park unless the rules promulgated by the city, or a permit issued by the city, with regard to the particular city park or specific activity specifically authorizes the feeding of animals. (d) The rights of persons to use service animals (e.g. dog guides) in accordance with the provisions of § 413.08, Florida Statutes, shall not be violated or abridged by application of the provisions of this section. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-14. - Alcoholic beverages/tobacco products; gambling. (a) It is unlawful for a person to possess or consume any alcoholic beverage or beverages, as defined in § 856.015 or § 561.01, Florida Statutes, in any city park unless authorized or permitted by the city for a particular event occurring in a city park. (b) It is unlawful for a person to consume any tobacco product in any city park in an area that is posted or noticed 7/15 5/7/2018 Cape Canaveral, FL Code of Ordinances as a "non-smoking/tobacco free" area or if instructed by a city employee that an area has been designated as a "non-smoking/tobacco free" area due to its particular usage such as playing fields and areas reserved for children. (c) It is unlawful to engage in any gambling activity or game of chance, as generally described by various names pursuant to chapter 849, Florida Statutes, or be in possession of any gambling device, as defined in § 849.231, Florida Statutes, in any city park unless authorized by law and approved in advance by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-15. - Trespass. (a) It is unlawful for a person to enter or remain in a city park without a permit when a city park is closed. (b) It is unlawful for a person to enter or remain in a city park when that person's right to use the city park has been suspended by the city pursuant to section 54-25 of this article. (c) It is unlawful for a person to enter or remain in any secure or locked area or building in a city park that is not intended to be open to the public. (d) It is unlawful for a person to enter or remain in a city park when ordered to leave the city park by any law enforcement officer or city or Brevard County employee who has been authorized to communicate an order to leave a city park. (e) It is unlawful for a person to enter or remain in a city park when that person is prohibited by law or court order to be in a city park. (f) Any person violating the provisions of this section shall be subject to the civil penalties provided under this article and criminal penalties provided by applicable trespass laws including, but not limited to, § 810.09, Florida Statutes. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-16. - Recreational fires in city parks. (a) Fires prohibited in city parks, except in designated areas. Except as authorized in section 54-16(b) it is unlawful to ignite, set or maintain any fire in a city park unless such fire is within an area designated by the city for fires by signage and postings displayed at the city park. Included in this prohibition are recreational campfires and cooking fires. Any fire authorized in a designated area of a city park shall be continuously under the care and direction of a competent person from the time it is ignited until it is extinguished. (b) Cooking fires permitted upon city beaches located on the Atlantic Ocean. Open, uncontained fires, of any kind, are prohibited in all city parks, including but not limited to city beaches. Cooking fires are permitted on city beaches provided that they are confined within a self-contained UL -listed container. Disposal of coals, briquettes, embers, or other heated or previously heated materials into trash receptacles or upon beach grounds is strictly prohibited. Prior to departing the immediate vicinity of the cooking fire, the fire must be completely extinguished. All materials associated with cooking fires at the beach shall be promptly removed and the beach shall be returned to its condition prior to the use of such cooking fire. (Ord. No. 07-2014, § 2, 6-17-14; Ord. No. 06-2015, § 2, 7-21-15) Sec. 54-17. - Sleeping and camping. The provisions of section 50-4 of the City Code shall apply to sleeping and camping in all city parks. 8/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-18. - Noise and other conduct. (a) It is unlawful to play any musical instrument or audio amplification system or engage in any activity in such a manner as creates a nuisance or disturbance in a city park. (b) It is unlawful to use abusive, threatening, offensive, profane, obscene or foul language or engage in any disorderly conduct or behavior tending to breach the public peace in any city park. (c) It is unlawful to use golf clubs within a city park unless the city park is designated and authorized for use as a city public golf course, putting green or driving range. Otherwise, the open possession of a golf club with intent to use it within a city park shall be rebuttably presumed to be a violation of this section. (d) It is unlawful to take into, carry through, or put into any city park, any rubbish, refuse, garbage or other waste ("waste"). Such waste shall be deposited in receptacles so provided by the city. Where receptacles are not provided, all such waste shall be carried away from the city park by the person responsible for its presence and properly disposed of elsewhere. (e) It is unlawful to urinate or defecate, or otherwise dispose of human waste, in a city park except in a designated portable or permanent restroom. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-19. - Peddling/distribution of materials. It is unlawful to engage in any commercial activity for any consideration within a city park without being authorized or permitted by the city. The following activities shall not be prohibited "commercial activity" pursuant to this section: (a) The sale of merchandise by the city or commercial activity pursuant to a contract between the city and a vendor that provides goods or services to the patrons of the city park. (b) Solicitation and collection of funds or the sale of merchandise or printed material by groups and organizations for the benefit of any charitable institution or organization as defined in § 501(c)(3) of the Internal Revenue Code of the United States or for the benefit of programs and/or projects sponsored by the city; provided, however, any solicitation and collection requiring tents, tables, or any other facility to be installed, erected or parked at the city park shall require prior authorization and permit from the city. (c) The solicitation of membership or the collection of dues from members of a group or organization that inure to the benefit of that organization, in accordance with a program or league registered with the city to use the city park where the solicitation or collection occurs. (d) Contact between a salesperson and an individual, group or organization using the city park where the salesperson was invited by the individual, group or organization involved for his or her or its benefit and not to involve persons not associated with the individual, group, or organization. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-20. - Injuring, interfering with, etc., buildings and other property. It is unlawful to mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, waterline or other public utility or part or appurtenance thereof, sign, notice, or placard monument, stake, post, or other structure, equipment or any facilities, property or appurtenances whatsoever, whether temporary or permanent, located at a city park. 9/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-21. - Interference with personnel/park operations. (a) It is unlawful to interfere with, hinder, or oppose any law enforcement officer or city or Brevard County personnel in the discharge of his or her duties or with the enforcement of this article. (b) It is unlawful to interfere with the operations of a city park by gathering in groups that are not engaged in bona fide recreational activities consistent with the facilities of the city park and any permit issued by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-22. - Glass containers. The use of glass containers of any kind in any city park is prohibited unless such use is in an area where the use of glass containers has been authorized by the city. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-23. - Airsoft and paintball guns; BB guns. The use of airsoft (plastic pellets) guns, paintball guns, paintball markers, and paintball equipment within city parks is prohibited unless the city has specifically designated an area for the use of this equipment. Paintball equipment includes, but is not limited to: paint balls, paint gun refillable gas tanks, paint gun propellant canisters, and targets. Nothing contained in this section is intended to regulate or apply to firearms and ammunition which are preempted by state law. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-24. - Promulgation of rules; city fees; preexisting rules; conflicts with rules; enforcement and penalties. (a) The city manager is hereby authorized to adopt administrative rules supplemental to, and consistent with, the provisions of this article that he or she deems necessary and appropriate to implement the provisions of this article relative to the use of city parks and the violation of such rules shall constitute a violation of this article. (b) The provisions of this article and the rules adopted by the city shall be maintained on file at city hall and at the leisure services department office for public inspection and copying. (c) A general condition of each permit to use a city park is that the permittee shall abide by and adhere to the provisions of this article and the rules promulgated by the city, except as may be otherwise specifically permitted by the city by means of a permit issued for a specific event or activity. (d) The city manager or authorized designee shall regularly review, or cause to be reviewed, the use of and conditions within each city park in order to reasonably mitigate against potential public liability relating to city parks. (e) The city manager or authorized designee shall regularly review, or cause to be reviewed, the use and condition of each city park to ensure compliance with the Americans With Disabilities Act and other laws, rules and regulations where applicable. (f) Fees. The city council may establish by resolution or written agreement with a specific user of a city park a fee schedule for the use of city parks. (g) Preexistingru/es. All rules regulating city parks adopted by the city prior to the enactment of this article on June 17, 2014 shall remain in full force and effect unless in conflict with any provision of this article. 10/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (h) Conflicts with rules. The provisions of this article shall prevail over any preexisting or subsequently adopted confl rule regulating city parks. (i) Enforcement, generally. City law enforcement and code enforcement officers, the director of leisure services or authorized designee, and the city manager or authorized designee shall be responsible for enforcing the provisions of this article, and shall have the authority to order any person or persons acting in violation of this article to leave the city park. It is unlawful for a person to remain in the city park when the person is asked to leave the city park by a city official pursuant to this section. (j) Initiation of code enforcement. City law enforcement and code enforcement shall be responsible for initiating any code enforcement proceedings regarding a violation of this article. (k) Penalties. The enforcement and penalty provisions set forth in this article are not intended to be exclusive enforcement remedies. Nothing contained herein shall be construed to limit law enforcement and the city from enforcing the provisions of this article by any other lawful means. (Ord. No. 07-2014, § 2, 6-17-14) Sec. 54-25. - Suspension of use of city park. (a) The suspension provisions set forth in this section are a management tool independent of any other enforcement tool referenced under this article for the purpose of managing the city parks for the common welfare and safety of all city park patrons and preservation of all city park facilities. The intent and purpose of this section is to ensure compliance with this article and to protect the public health, safety, and welfare of city park patrons. Suspension of a person's privilege to use city parks or facilities therein are intended to occur only when that person has demonstrated an inability to comply with the provisions set forth in this article or has engaged in certain illegal or violent behavior in a city park in violation of the law. (b) A person's privilege to use a city park or any facility therein may be suspended by city law enforcement or the city's director of leisure services when the person has been found guilty of violating any provision of this article on more than two occasions within a three year period. For purposes of this section, the term "guilty" shall include a plea of nolo contendere, voluntary payment of a citation issued in accordance with this article, or an adjudication of guilt by a court of law or code enforcement board. The first suspension shall be for a period of up to 90 days, and each additional suspension thereafter, the suspension period shall be for up to 90 days per applicable offense, not to exceed two consecutive years for any one suspension. (c) A person's privilege to use a city park or any facility therein may be suspended by city law enforcement or the city's director of leisure services when a person is cited for a violation of 54-15 (b), (d) or (e) for certain trespass cases, or 54-21 for interfering with personnel. Suspension for a first offense shall be for 30 days, plus an additional 60 days for every other similar offense, not to exceed two consecutive years for any one suspension. (d) A person's privilege to use a city park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with committing a violent criminal offense in a city park including, but not limited to, breach of peace under § 870.03, Florida Statutes; affrays and riots under § 870.01; aggravated battery under § 784.045, Florida Statutes, and resisting an officer with violence under § 843.01, Florida Statutes. (e) A person's privilege to use a city park or any facility therein may be suspended for up to two consecutive years by city law enforcement for each incident in which that person has been charged with engaging in or allowing in a city park the possession, use or sale of controlled substances, as that term is defined in § 893.03, Florida Statutes, in violation of law. 11/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (f) A person's privilege to use a city park or any facility therein may be suspended for up to two consecutive years by enforcement for each incident in which that person has been charged with engaging in or allowing prostitution it (g) A person's privilege to use a city park or any facility therein may be suspended by city law enforcement or director of leisure services for fees that are past due more than 120 days and which are imposed pursuant to this article or pursuant to a citation imposed for violating the provisions of this article. However, any suspension imposed under this subsection shall immediately expire at such time the fees are paid. (h) Any suspension order issued in accordance with this section shall be in writing and shall state the name and address of the person who is subject to the suspension, the cause of the suspension, the duration of the suspension including the effective and expiration date of the suspension, and the city parks or any facility subject to the suspension. The order shall also state that the person shall have the right to appeal the suspension to the city manager by delivering written notice of appeal to the city manager within three business days of the receipt of the order. The notice of the appeal shall state the grounds for the appeal. The city manager shall set the time and place for hearing such appeal, and notice of the time and place shall be given at least five calendar days prior to the date set for the hearing. The hearing shall occur no later than ten days after the date the appeal notice is received by the city. Failure to timely file an appeal of a suspension order shall constitute a waiver of the person's right to an appeal and the order shall be deemed final. (i) The city manager shall adopt rules and procedures for conducting a fair and impartial hearing to determine compliance with the provisions of this section. All decisions of the city manager under this section shall be deemed final and shall be subject to appeal to a court of competent jurisdiction. (j) When a suspension may be ordered up to a maximum number of days under this section, the city shall consider the following factors when determining the length of the suspension: (1) the gravity of the violation; (2) the potential or actual harm or danger the violation had or caused on other patrons or facilities of the city park; and (3) any mitigating circumstances. (Ord. No. 07-2014, § 2, 6-17-14) ARTICLE II. - CULTURE AND LEISURE SERVICES BOARDE2 Sec. 54-26. - Established. There is created a culture and leisure services board to consist of seven members. (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94; Ord. No. 12-2003, § 6, 7-1-03; Ord. No. 13-2011, § 5, 12-20-11) Sec. 54-27. - Reserved. Editor's note— Ord. No. 12-2003 § 6 deleted § 54-27which pertained to vacation of office. Sec. 54-28. - Duties. The culture and leisure services board shall advise the city on matters pertaining to cultural events, public parks and recreation and shall serve in such other similar matters as the city may direct. (Code 1981, § 255.02; Ord. No. 13-2011, § 5, 12-20-11) Sec. 54-29. - Indebtedness. 12/15 5/7/2018 Cape Canaveral, FL Code of Ordinances The culture and leisure services board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained. (Code 1981, § 251.05; Ord. No. 13-2011, § 5, 12-20-11) Secs. 54-30-54-45. - Reserved. ARTICLE III. - VESSEL CONTROL AND WATER SAFETY Sec. 54-46. - Purpose and findings. (a) The purpose of this article shall be to promote safety in and between boating, swimming and other water related activities in the city. (b) The city does hereby declare that the public health, safety and welfare of the citizens of the city and others requires designation of specific areas within which the operation of vessels may be regulated or prohibited. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-47. - Definitions. For the purposes of this article, the following terms, phrases, words and derivations shall have the meaning given herein: Bather means any person who is in the same body of water as a vessel, whether such person is swimming, wading or engaged in any other activity in the water. Idle speed means the lowest speed at which a vessel can operate and maintain steering control. Operate means to navigate or otherwise use any vessel in or on the water. Person means any individual, partnership, firm, corporation, association or other entity. Vessel means every description of watercraft and airboat used or capable of being used as a means of transportation or recreation on the water. As used in this article, the terms "boat" and "watercraft" are synonymous with "vessel." When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003, § 2, 9-2-03) Sec. 54-48. - Area of enforcement. The area of enforcement of the provision of this article shall be the Atlantic Ocean and Banana River located within Cape Canaveral, Florida. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-49. - Means of enforcement. 13/15 5/7/2018 Cape Canaveral, FL Code of Ordinances The provision of this article shall be enforced by members of all duly authorized law enforcement agencies within the city. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-50. - Careful and prudent operation required. Every person operating any vessel in or under any waters within the area of enforcement as set forth above shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, proximities to fishermen, bathers, waterskiers, divers and other boats and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel in such a careful and prudent manner shall constitute careless boating in violation of this article. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-51. - Speed not to be greater than what is reasonable under the conditions. Nothing contained in this article shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, fishermen, waterskiers or bathers in the area, or other hazards. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-52. - Designation of areas of regulated water activities. All waters within 300 feet offshore from all beaches and shorefront bathing areas or shoreline of the Banana River, whether or not so designated with appropriate signs are hereby designated as areas of regulated water activities. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-53. - Procedure for designating additional areas of regulated water activities. By ordinance, the city council may designate additional specific areas as an "area of regulated water activities" as described in section 54-52. In designating such areas, the city council shall hear all testimony presented and make a finding that the designation is necessary for the safety and/or welfare of the citizens of the city. Upon the adoption of such an ordinance, the city shall publish the ordinance one time in a newspaper of general circulation in the county after which the designation of the area shall be complete and binding. (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-54. - Exemptions. (a) The provisions of this article shall not be construed to prohibit the running of racing or exhibition boats during a publicly announced, properly authorized by the appropriate governmental body, supervised and adequately patrolled regatta or speed trial or exhibitions. (b) Florida Marine Patrol rescue craft, Coast Guard rescue craft, the county sheriff patrol craft and craft operating under emergency conditions shall be exempted from the provisions of this article while performing their official duties or operating in an emergency. 14/15 5/7/2018 Cape Canaveral, FL Code of Ordinances (Ord. No. 14-95, § 1, 8-15-95) Sec. 54-55. - Penalties. Any person who knowingly violates any provision of this article, including refusal to allow a law enforcement officer to make an inspection under this article, shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500.00 or imprisonment in the county jail for a period of not exceeding 60 days, or both such fine and imprisonment. (Ord. No. 14-95, § 1, 8-15-95) 15/15 5/7/2018 Cape Canaveral, FL Code of Ordinances Sec. 14-28. - Animals prohibited in parks and on beaches. Attachment 3 (a) No animal shall be allowed in any public park or on any beach in the city, unless a specific park or beach area is designated as an area where animals shall be permitted. Such designation shall be by resolution adopted by the city council. Parks and beach areas so designated shall be properly identified and posted. (b) Any animal found in a park or on a beach not designated for such shall be deemed in violation of this article, and the owner thereof shall be punished by issuance of a citation by the animal control officer or a law enforcement officer with jurisdiction in the city. Such citation shall result in a fine of $35.00. Failure to pay the fine within ten days of issuance of the citation shall result in the citation being transferred to the state attorney's office and shall be considered for punishment as provided in section 1-15. (c) Dogs trained to assist or aid disabled or handicapped persons, when such dogs are actually being used to assist or aid such persons, shall not be prohibited from any park or beach. (Code 1981, § 701.05) 1/1 Attachment 4 RESOLUTION NO. 2018-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PURSUANT TO SECTIONS 14-28 AND 54-13, CITY CODE, ALLOWING DOGS TO BE WITHIN CITY PARKS (EXCLUDING BEACHES) PROVIDED SUCH DOGS ARE ON LEASH AND UNDER CONTROL BY THEIR HANDLER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Sections 14-28 and 54-13 of the City Code prohibits animals within City parks including any beach areas unless animals are allowed to be present at a specific City park by designation and if allowed, such presence must be in accordance with the rules established and promulgated by the City; and WHEREAS, over the years, many residents have expressed a desire to be able to visit City parks with their dog for walking and exercise opportunities as well as for their and their dog's general health and well-being; and WHEREAS, after consideration by, and advice from, the Culture and Leisure Services Board, the City recently conducted, since January of 2018, a trial study at certain City parks to determine whether allowing dogs on leashes would present any conflicts or park management problems; and WHEREAS, the public feedback received by City Staff prior to presenting this Resolution for the City Council's consideration has been very favorable in support of allowing dogs within City parks provided such dogs were on leash and under the control of their handler; and WHEREAS, in addition, no conflicts or park management problems have been experienced by the City during the trial study period; and WHEREAS, based on the public feedback and experience during the trial study period, City Staff has recommended, and the City Council desires, to allow dogs to be within City parks (excluding beaches) provided such dogs are on leash and under control by their handler; and WHEREAS, the adoption of this Resolution by the City Council is hereby deemed in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. City of Cape Canaveral Resolution 2018-04 Page 1 of 3 Section 2. Dogs Allowed Within City Parks (Excluding Beach Areas) - Generally. (a) Pursuant to Sections 14-28 and 54-13 of the City Code, the City Council hereby allows dogs to be permitted within City parks, excluding beach areas, provided such dogs are on leash and under the control of their handler. (b) City parks at which dogs are allowed shall be properly identified and posted by City Staff. (c) Dogs allowed within City parks shall be subject to other applicable City ordinances, and shall also be subject to other rules promulgated by the City to implement this Resolution in accordance with Section 54-24 of the City Code. (d) This Resolution shall not be construed or interpreted as allowing dogs within beach areas. Dogs and other animals within beach areas shall remain prohibited unless otherwise determined by the City Council. (e) This Resolution shall also not be construed or interpreted as allowing other kinds of animals within City parks which shall remain prohibited unless otherwise determined by the City Council. (f) The City Council reserves the right to repeal or amend the policy promulgated by this Resolution in the future. (g) Notwithstanding the provisions of this Resolution, the rights of persons to use service animals in accordance with the provisions of State and Federal law shall not be violated or abridged by application of the provisions of this Resolution. Section 3. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution 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 Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption Page follows] City of Cape Canaveral Resolution 2018-04 Page 2 of 3 ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 15th day of May 2018. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution 2018-04 Page 3 of 3 5/7/2018 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2017 v Go The 2017 Florida Statutes Other Information Title XXXV Chapter 585 View Entire Chapter AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY ANIMAL INDUSTRY 585.01 Definitions.—In construing this part, where the context permits, the word, phrase, or term: (1) "Approved brucella vaccine" means a Brucella abortus immunization product approved and licensed by the United States Department of Agriculture for injection into cattle and bison to enhance their resistance to brucellosis infection. (2) "Beef cattle" means animals of the genus Bos of various breeds which are raised primarily for the production of meat. (3) "Biological products" means all viruses, serums, toxins, and analogous products of natural or synthetic origin, such as diagnostics, antitoxins, vaccines, live microorganisms, killed microorganisms, and the antigenic or immunizing components of microorganisms intended for use in the diagnoses, treatment, or prevention of diseases of animals and sometimes referred to as biologics, biologicals, or products. (4) "Biological or chemical residues" means potentially harmful substances and their metabolites not normally present in animal tissues, which result from treatment or exposure to a pesticide, organic or inorganic compound, hormone, hormone -like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, vaccine, or other therapeutic or prophylactic agent. (5) "Carcass" means the body of any animal which dies other than by slaughter, or any part of such animal. (6) "Cattle" means any bull, steer, ox, cow, heifer, calf, or any other bovine animal. (7) "Dairy cattle" means animals of the genus Bos of various breeds which are raised primarily for the production of milk or milk products. (8) "Director" means the director of the Division of Animal Industry of the Department of Agriculture and Consumer Services. The director is also known as the State Veterinarian, the Chief Animal Health Official of the state, and the Chief Livestock Regulatory Official of the state. (9) "Division" means the Division of Animal Industry of the Department of Agriculture and Consumer Services. (10) "Domestic animal" shall include any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or other domesticated beast or bird. The term "animal," as used in this chapter, shall include wild or game animals whenever necessary to effectively control or eradicate dangerous transmissible diseases or pests which threaten the agricultural interests of the state. (11) "Emergency" means any situation in which the department has declared a pest, a communicable, contagious, or infectious disease of animals, or the presence of biological or chemical residue to be a public nuisance or any situation in which, in the opinion of the department, a pest, disease, or residue endangers or threatens the animals or citizens of the state. (12) "Garbage" means all refuse matter, animal or vegetable, byproducts of a restaurant, kitchen, or slaughterhouse; and shall include every accumulation of animal, fruit, or vegetable matter, liquid, or otherwise. "Garbage" shall also include "swill" as commonly used; provided, however, "garbage" shall not include fruit or vegetable matter which does not contain or has not been in contact or mixed with meat or meat parts. (13) "Livestock" means grazing animals, such as cattle, horses, sheep, swine, goats, other hoofed animals, ostriches, emus, and rheas which are raised for private use or commercial purposes. (14) "Owner" shall include any owner, custodian, or other person in charge of any animal, domestic or otherwise. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0585/Sections/0585.01.html 1/2 5/7/2018 Statutes & Constitution :View Statutes : Online Sunshine (15) "Pathogenic organisms" means microorganisms, such as bacteria, viruses, rickettsia, etc., capable of causing diseases in animals or humans. "Virulent organisms" are pathogenic organisms that are extremely dangerous and are characterized by being highly contagious. (16) "Quarantine" means a strict isolation imposed on animals, or premises or other defined geographic areas, to prevent the spread of disease or pests. (17) "Technical council" means the Animal Industry Technical Council. (18) "Transmissible," "communicable," "contagious," and "infectious" all refer to diseases which are readily transferred between or among animals in a group or to susceptible animals in proximity to diseased animals. Such transference may be directly from one animal to another, by contact with objects contaminated by disease -causing agents, or by insect (vector) transmission of disease -causing agents from diseased animals into susceptible animals or humans. (19) "Violative levels" means levels above the tolerances established by the United States Food and Drug Administration or the United States Environmental Protection Agency, as adopted by department rule. History.—s. 5, ch. 9201, 1923; s. 2, ch. 17273, 1935; CGL 1936 Supp. 3321, 3323(2); s. 1, ch. 25358, 1949; s. 1, ch. 59-457; ss. 14, 35, ch. 69-106; s. 246, ch. 71-377; s. 1, ch. 78-57; s. 10, ch. 90-321; s. 4, ch. 91-294; s. 1, ch. 92-206; s. 50, ch. 92-291; s. 63, ch. 93-169; s. 8, ch. 96-231; s. 1188, ch. 97-103. Copyright © 1995-2018 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0585/Sections/0585.01.html 2/2 5/7/2018 Chapter 823 Section 041 - 2012 Florida Statutes - The Florida Senate The Florida Senate 2012 Florida Statutes Title XLUI CRIMES Chapter 823 PUBLIC NUISANCES Entire Chapter SECTION 041 Disposal of bodies of dead animals; penalty. 823.041 Disposal of bodies of dead animals; penalty.— (1) Any owner, custodian, or person in charge of domestic animals, upon the death of such animals due to disease, shall dispose of the carcasses of such animals by burning or burying at least 2 feet below the surface of the ground; provided, however, nothing in this section shall prohibit the disposal of such animal carcasses to rendering companies licensed to do business in this state. (2) It is unlawful to dispose of the carcass of any domestic animal by dumping such carcass on any public road or right-of-way, or in any place where such carcass can be devoured by beast or bird. (3) Any person violating any of the provisions of this section shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (4) For the purposes of this act, the words "domestic animal" shall include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird. History.—ss. 1, 2, 3, 4, ch. 61-359; s. 936, ch. 71-136; s. 66, ch. 74-383; s. 1, ch. 75-24; s. 41, ch. 75-298. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000- 2018 State of Florida. https://www.flsenate.gov/Laws/Statutes/2012/823.041 1/1 5/7/2018 Statutes & Constitution :View Statutes : Online Sunshine Select Year: 2017 The 2017 Florida Statutes Go Title XXXV Chapter 585 View Entire Chapter AGRICULTURE, HORTICULTURE, AND ANIMAL INDUSTRY ANIMAL INDUSTRY 585.001 Definitions.—In construing this chapter, where the context permits, the term "department" means the Department of Agriculture and Consumer Services. History.—s. 2, ch. 90-321; s. 48, ch. 92-291. Copyright © 1995-2018 The Florida Legislature • Privacy Statement • Contact Us http://www.legstate.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0500-0599/0585/Sections/0585.001.htm1 1/1 5/7/2018 Cape Canaveral, FL Code of Ordinances ARTICLE II. - CULTURE AND LEISURE SERVICES BOARD[2] Sec. 54-26. - Established. There is created a culture and leisure services board to consist of seven members. (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94; Ord. No. 12-2003, § 6, 7-1-03; Ord. No. 13-2011, § 5, 12-20- 11) Sec. 54-27. - Reserved. Editor's note— Ord. No. 12-2003, § 6, deleted § 54-27, which pertained to vacation of office. Sec. 54-28. - Duties. The culture and leisure services board shall advise the city on matters pertaining to cultural events, public parks and recreation and shall serve in such other similar matters as the city may direct. (Code 1981, § 255.02; Ord. No. 13-2011, § 5, 12-20-11) Sec. 54-29. - Indebtedness. The culture and leisure services board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained. (Code 1981, § 251.05; Ord. No. 13-2011, § 5, 12-20-11) Secs. 54-30-54-45. - Reserved. 1/1 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 5 Subject: Ratify the City Manager's execution of the Transportation Impact Fee Trust Fund Disbursement Agreement with the Brevard County Board of County Commissioners. Department: Community Development Summary: At its May 22, 2018 meeting, the Brevard County Board of County Commissioners (BOCC) is scheduled to consider a Transportation Impact Fee Trust Fund Disbursement Agreement with the City of Cape Canaveral. If approved, the Agreement will authorize the allocation of approximately $1.435 million in County Transportation Impact Fees (TIF) to the W. Central Boulevard/Thurm Boulevard Complete Streets project (Attachment 1). The impact fees will be generated from the following hotel projects (525 rooms x $2,735/room): • Dual Branded Hotel (116 room Hampton and 108 room Home2) located at 9004 Astronaut Boulevard; and • Springhill Suites (301 rooms) located at 8701 Astronaut Boulevard, west of the existing Radisson Hotel. Proposed Complete Street Improvements The improvements outlined below constitutes a complete street project for W. Central Boulevard/Thurm Boulevard. The total length of the two segments is 4,940 feet and includes the following notable components: • Street Improvements ($825k) o Construct an 8 -foot wide pedway where appropriate; o Construct 6 -foot wide sidewalks where appropriate; o Install pedestrian benches; o Replace concrete curbing where appropriate; o Mill and resurface W. Central Boulevard from Thurm Boulevard to Astronaut (5k s.y. per side); and o Stripe roadway to include bicycle lanes in both directions; • Install solar -powered, LED -lighting along both sides of the roadway ($300k - 20 lights @ $15k/per); • Sanitary Sewer Relocation in the W. Central Boulevard right-of-way ($180k); • Plant native vegetation "islands" ($80k); and • Miscellaneous Striping, Signs and Upgraded Intersection Paving ($50k). The total cost as proposed is $1.435 million. This does not include engineering for plans, permitting, surveys, contingencies, etc. Agreement Highlights The proposed Agreement is authorized through an Interlocal Agreement between Brevard County and the City that was originally executed on March 6, 1990, which provided for participation in the Brevard County Transportation Impact Fee Program. Notable points of the Agreement include: City Council Meeting Date: 5/15/2018 Item No. 5 Page 2 of 2 • The term of the Agreement is thru September 30, 2025. A one hundred eighty (180) day extension may be granted if just cause is shown. • The City shall act as an independent contractor of the County and shall be responsible for administration of the Agreement, to include maintaining books, records and documents in accordance with standard accounting practices. • Within 60 days of receipt of transportation impact fees from the afore -mentioned projects, notification will be provided to the Brevard County Finance Department to distribute TIF funds. • The City shall provide a status report to the County on November 1 of each year. • Any funds not utilized shall be returned to the County. To expedite the approval of the Agreement and to meet the BOCC agenda deadline for its May meeting, the City Manager executed the proposed Agreement. As the BOCC does not meet in June, the next available meeting to consider the Agreement would be July. The City Attorney has reviewed and approved the proposed Agreement. Q Submitting Department Director: David Dickey Date: 5-7-18 Attachments: 1 - Location Map 2 - Transportation Impact Fee Trust Fund Disbursement Agreement Financial Impact: Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5/7/18 The City Manager recommends that City Council take the following action: Ratify the City Manager's execution of the Transportation Impact Fee Trust Fund Disbursement Agreement with the Brevard County Board of County Commissioners. Approved by City Manager: David L. Greene Date: 5/7/18 Attachment 1 [map] W. Central Blvd. Astronaut Blvd. Thurm Blvd. Project Limits Attachment 2 TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT Between BREVARD COUNTY and CAPE CANAVERAL, FLORIDA for construction of a CENTRAL AVENUE COMPLETE STREETS PROJECT in the amount of$1,435,000.00 PROVIDING FOR FUNDING AND ADMINISTRATION OF IMPACT FEE PROJECTS This is an Agreement between: BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "COUNTY," through its Board of County Commissioners, and CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and assigns, hereinafter referred to as "CITY". WITNESSETH that, for and in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows: ARTICLE I DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are assumed to be true and correct and are agreed upon by the parties. 1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically set forth in this Agreement. 1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal corporation. 1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the State of Florida. 1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida. 1.5 DIVISION: means the Planning and Development Department of Brevard County, Florida. 1.6 IMPACT FEE PROGRAM OR PROGRAM: means Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida. 1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing for participation in the Brevard County Transportation Impact Fee Program. 1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by CITY. 1.9 PROJECT(S):. means the project or projects set forth in Article III hereof, and Exhibit "A" entitled "Project Description". 1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY pursuant to the terms of this Agreement. ARTICLE II PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida, incorporated herein by reference, provides for the imposition of the Transportation Impact Fee and sets forth the manner and amount for collection and use of funds. 2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference, the COUNTY and CITY have coordinated the collection of Transportation Impact Fees and participated in the process for project recommendations to the Board of County Commissioners of Brevard County, Florida. 2.3 Under Chapter 62, Article V, Division 4, Sections 62-801 through 62-819 of the Code of Ordinances of Brevard County, Florida and interlocal agreement, COUNTY is administrator for the Program and COUNTY is mandated to comply with various statutes, rules and regulations as to the allocation of expenditure of funds. 2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures 1 COUNTY, that CITY will comply with all state and local statutes, rules and regulations and applicable codes and regulations as made known to the CITY relating to the Project(s) and the Program, as a condition precedent to the release of such funds to CITY. ARTICLE III PROJECT(S) CITY hereby agrees to provide and implement the following eligible Project(s): This project includes the design, engineering and construction of street, pedway and sidewalk improvements on West Central Boulevard and Thurm Boulevard in Cape Canaveral, Florida. From Merritt Island/North Beaches TIFT Fund. Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto and by this reference made a part hereof. ARTICLE IV FUNDING AND METHOD OF PAYMENT 4.1 The amount payable by COUNTY under this Agreement shall be $1,435,000.00. 4.2 Following execution of this Agreement and within sixty days following receipt of transportation impact fees from the HarnptonlHorne2 hotel project located at 9004 Astronaut Boulevard and the Springhill Suites hotel project located at 8701 Astronaut Boulevard, the Planning and Development Department Director or designee shall provide written notice to Department for the disbursement of TIFT Funds in the amount of $1,435,000.00. ARTICLE V RECORDS 5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of Impact Fees, including records as to bid awards and purchase orders. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Upon a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. 2 5.2 If CITY has awarded a contract to an independent contractor to perform Project(s) services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's invoices stating the services rendered and the date the services were rendered specifically identifying TIFT Funds used. 5.3 CITY agrees to furnish to the Planning and Development Department Director, status reports on November 1 of each year identifying the interest accrued, the expenditures to date and the project progress. ARTICLE VI ASSURANCES 6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and codes and regulations. Any conflict or inconsistency between state or local guidelines and regulations and this Agreement shall be resolved in favor of the more restrictive regulations. 6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the right to examine all records, books, papers, or documents relating to the Project(s). 6.3 CITY hereby agrees to maintain books, records and documents in accordance with standard accounting procedures and practices of the CITY which sufficiently and properly reflect all expenditures of funds provided by COUNTY under this Agreement. 6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in Article VIII. All TIFT funds not expended within the term of this Agreement shall be returned to the custody and control of the COUNTY. An administrative extension, if requested prior to expiration, may be granted by the Planning and Development Department Director for a period not to exceed one hundred eighty (180) days if just cause is shown. 6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT Funds are not sufficient, the CITY may submit to the COUNTY a request for additional revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to that request, the CITY agrees to utilize its independent resources to complete the proj ect. 6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be expended in violation of the Agreement, it shall be responsible to refund such monies in full to COUNTY. 6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty (60) days following the expiration date in Article VIII or within sixty (60) days following an administrative extension under Section 6.4, if applicable, along with a completed Form B, attached hereto and by this reference made a part hereof. An administrative extension for the return of funds, if requested prior to the sixty (60) day expiration period, may be granted by the Planning and Development Department Director for a period not to exceed sixty (60) days if just cause is shown. 6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY provided that this interest shall be added to TIFT Funds committed to the Project(s) by 3 the CITY and used in conjunction with the original allocation to further the eligible project objective. Expenditure of program interest is subject to the terms of this Agreement with Brevard County. Any remaining TIFT funds, including the amount of interest generated in a contract period if not expended for the approved Project(s) shall be returned to COUNTY and shall be placed back in TIFT account for benefit of the Merritt Island/North Beaches Benefit District within the time periods provided in Section 6.7. 6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund shall be used only for eligible activities specifically outlined in this Agreement. Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund the future capacity components for transportation facilities identified in Exhibit "A". 6.10 CITY hereby agrees to submit to the Planning and Development Department within sixty (60) days of the completion of each Project(s), as set out in Article III, a complete financial accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and by reference made a part hereof. ARTICLE VII INDEMNIFICATION CLAUSE CITY, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, COUNTY, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the CITY's willful failure to perform any obligation or undertaking of the CITY as set forth in this Agreement. ARTICLE VIII TERM OF AGREEMENT This agreement shall commence on the day the Division Director provides written Notice to Department for the disbursement of TIFT Funds and shall terminate on September 30, 2025. ARTICLE IX TERMINATION 9.1 lf, through any cause, CITY fails to commence work on the project, or fails to fulfill in timely and proper manner its obligations under this Agreement, or if CITY shall violate any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall thereupon have the right to terminate this Agreement and may require the return of funds expended or committed for expenditure in violation of this agreement by giving written notice to CITY of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of termination. If just cause is shown prior to termination, the Planning and Development Department Director may specify in writing the actions that must be taken by CITY and a reasonable date for compliance; as a 4 condition to avoid termination. In no event can the Agreement date be extended beyond the periods provided in this Agreement without amendment to the Agreement executed with the same formality and of equal dignity herewith. 9.2 In the event of termination, upon request by the COUNTY, copies of all finished or unfinished documents, data studies, surveys, drawings, maps, models, reports prepared, and any other like documents secured by CITY with TIFT Funds under this Agreement shall be provided to COUNTY. 9.3 In the best interests of the program and in order to better serve the people in the impact fee districts and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest accrued therefrom. 9.4 The parties hereby agree that the following events are sufficient cause for termination of the Agreement. Such events include, but are not limited to: a. Improper use of TIFT Funds, b. Failure to comply with the terms of this Agreement. ARTICLE X INDEPENDENT CONTRACTOR CITY is an independent contractor under this Agreement. Services provided by CITY are subject to supervision by CITY and employees or service providers shall not be deemed officers, employees, or agents of Brevard County. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY, or state rules or regulations relating to the use of TIFT Funds. ARTICLE XI ALL PRIOR DISBURSEMENT AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990. 5 ARTICLE XII NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to - wit: FOR COUNTY: Director Planning and Development Department 2725 Judge Fran Jamieson Way Viera, Florida 32940 FOR CITY: City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 ARTICLE XIII AMENDMENTS COUNTY may amend this Agreement, if required by legislation, to conform with mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment which were in compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and such notification shall constitute an official amendment. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. ARTICLE XIV CONFLICT OF INTEREST CITY covenants that no person who presently exercises any functions or responsibilities in connection with the Project(s) has any personal financial interest, direct or indirect, in the Project(s) during this tenure which would conflict in any manner or degree with the performance of this Agreement, and that no person having any conflicting interest shall be employed or subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be disclosed in writing to the Division. 6 ARTICLE XV SEVERABILITY If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the COUNTY and CITY by their duly authorized representatives on the respective dates below. BREVARD COUNTY BOARD OF ATTEST: COUNTY COMMISSIONERS Scott Ellis, Clerk Rita Pritchett, Chair ATTEST: As approved by the Board of County Commissioners on May 22, 2018. ATTEST: CITY OF CAPE CANAVERAL, FLORIDA Mia Goforth Mia Goforth, CMC, City Clerk David L. Greene David L. Greene, City Manager Date: 5/3/18, 2018 STATE OF FLORIDA § COUNTY OF BREVARD § The foregoing instrument was acknowledged before me this day of 2018 by Rita Pritchett, Chair of the Board of County Commissioners of Brevard County, Florida, who is personally known to me or produced as identification and who did take an oath. STATE OF FLORIDA § COUNTY OF BREVARD § NOTARY PUBLIC - State of Florida The foregoing instrument was acknowledged before me this 3 day of May, 2018 by David L. Greene, City Manager of the City of Cape Canaveral, Florida, who is ersonally know to me or produced as identification and who did take an oath. [notary public seal of Patrice C. Huffman] Pat C. Huff NOTARY PUBLIC - State of Florida EXHIBIT "A" PROJECT(S) DESCRIPTION This project includes the design, engineering and construction of the Central Avenue Complete Streets Project in the City of Cape Canaveral, Florida. The proposed scope of work includes but is not limited to the right-of-way acquisition, purchase of professional engineering and design services, related permitting and administrative expenses, and construction services and materials for the completion of the following tasks along West Central Boulevard and Thurm Boulevard, a distance of approximately 4,940 linear feet. Tasks include but are not limited to the following: • Construct an 8 -foot wide pedway where appropriate; • Construct a 6 -foot wide sidewalk where appropriate; • Replace concrete curbing where necessary; • Mill and resurface West Central Boulevard from Thurm Boulevard to Astronaut Boulevard; • Install solar -powered LED street lighting along both sides of roadway; • Plant native vegetation "islands" along the roadway; • Install pedestrian benches and trash receptacles along the sidewalks; • Relocate sanitary sewer lines in the West Central Boulevard right-of-way; and • Miscellaneous Striping, Signage and Upgraded Paving as needed. The scope of this project is consistent with the City of Cape Canaveral's Comprehensive Plan and Vision Statement, as well as, Resolution 2011-09, which the City Council adopted to establish a "Complete Streets"' policy. The project is contained in the City's Capital Improvements Plan. From Merritt Island,North Beaches TIFT Fund. 9 EXHIBIT "B" FINAL ACCOUNTING FOR PROJECT Project Name: West Central Boulevard Complete Streets Improvements From Merritt Island/North Beaches TIFT Fund Date Impact Fee Project Program Unexpended Activity Check # Deposit Expense Interest* Funds Totals * Based on SBA Interest Rate applicable to each month. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 6 Subject: Ordinance No. 03-2018; amending Section 110-372 of the City Code; providing for a 20 -foot minimum townhouse unit width; increasing the minimum lot widths and adjusting the minimum lot areas accordingly; establishing provisions governing nonconforming townhouse structures and lots; providing relief for multiple -family and two-family dwellings existing prior to October 4, 1988 which were built in accordance with townhouse standards from certain minimum lot width and setback requirements; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Community Development Summary: Section 110-372 of the City Code contains minimum development standards for townhouse construction. Currently, the Code requires a townhouse lot be a minimum of 20 feet in width. When combined with the minimum side setback of 8 feet for an end unit, a 12 -foot wide townhouse structure is possible. Historically, townhouse lots were allowed to be a minimum 16 feet in width. That changed in 1988 when Ordinance No. 9-88 was adopted, which increased the minimum width of a townhouse to 20 feet. The proposed Ordinance requires minimum width for an end unit be increased to 28 feet. This would allow for an 8 -foot side setback and a minimum 20 -foot wide structure. The ordinance also requires a minimum 45 -foot wide lot for a corner, end unit or 35 feet for a corner lot on a nonconforming lot of record. The proposed standards [if approved] will create a certain number of nonconforming structures that were built to the previous requirements. The Ordinance addresses this by allowing a nonconforming townhouse, built prior to April 17, 2018, to be rebuilt should it be destroyed. The Ordinance also allows for the conversion of multiple -family and two-family dwellings, existing prior to October 4, 1988, into a townhouse. These dwellings, although not located on individually platted lots, are required to have been built to townhouse standards to include a minimum of 16 -foot wide lots. In addition, the dwelling(s) shall be allowed to remain, irrespective of encroachment into a yard setback. Documentation must be submitted that documents the dwelling(s) were built to the then applicable townhouse provisions. The Planning & Zoning Board, at its March 14, 2018 Meeting, recommended approval of the subject Ordinance. Ordinance No. 03-2018 was approved at first reading on April 17, 2018. The Notice of Public Hearing was placed for advertisement in Florida Today on May 3, 2018. Submitting Department Director: David Dickey 1 Date: 5-4-18 Attachment: Ordinance No. 03-2018 Financial Impact: Cost of Ordinance preparation, advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5-4-18 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 03-2018 on second reading. Approved by City Manager: David L. Greene Date: 5/7/18 1 ORDINANCE NO. 03-2018 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 AMENDING SECTION 110-372 OF THE CITY CODE; 6 PROVIDING FOR A 20 -FOOT MINIMUM TOWNHOUSE 7 UNIT WIDTH; INCREASING THE MINIMUM LOT 8 WIDTHS AND ADJUSTING THE MINIMUM LOT AREAS 9 ACCORDINGLY; ESTABLISHING PROVISIONS 10 GOVERNING NONCONFORMING TOWNHOUSE 11 STRUCTURES AND LOTS; PROVIDING RELIEF FOR 12 MULTIPLE -FAMILY AND TWO-FAMILY DWELLINGS 13 EXISTING PRIOR TO OCTOBER 4, 1988 WHICH WERE 14 BUILT IN ACCORDANCE WITH TOWNHOUSE 15 STANDARDS FROM CERTAIN MINIMUM LOT WIDTH 16 AND SETBACK REQUIREMENTS; PROVIDING FOR THE 17 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 18 RESOLUTIONS, INCORPORATION INTO THE CODE, 19 SEVERABILITY AND AN EFFECTIVE DATE. 20 21 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 22 State Constitution, to exercise any power for municipal purposes, except when expressly 23 prohibited by law; and 24 25 WHEREAS, Section 110-372 of the Code of Ordinances, City of Cape Canaveral, 26 Florida ("Code") was amended on October 4, 1988 via Ordinance 9-88 to change the minimum 27 lot width for a townhouse lot from 16 feet to 20 feet; and 28 29 WHEREAS, currently, the Code does not provide a minimum unit width for 30 townhouses, which has resulted in the proliferation of very narrow townhomes due to the 31 application of setbacks; and 32 33 WHEREAS, the City Council desires to establish a minimum townhouse unit width of 34 20 feet and increase the minimum lot widths where end units will be built, including a 28- 35 foot minimum lot width for side, end unit lots and a 45 -foot minimum lot width for side, corner 36 unit lots, to ensure that all newly -built townhome units will be at least 20 -feet in width; and 37 38 WHEREAS, the City Council intends to modify the regulations relating to 39 nonconforming structures and nonconforming lots to allow for rebuilding of nonconforming 40 townhouses in the event they are destroyed; and 41 42 WHEREAS, the City Council further desires to provide relief from the 20 -foot minimum 43 lot widths for existing multiple -family and two-family dwelling units built prior to October 4, 44 1988, which were built in accordance with townhouse standards at the time of construction, but 45 were not built on individually platted lots; and 46 47 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 48 this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 49 Cape Canaveral. City of Cape Canaveral Ordinance No. 03-2018 Page 1 of 4 1 2 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 3 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 4 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 6 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 7 Canaveral. 8 9 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape 10 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 11 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance 12 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks 13 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption 14 of this Ordinance: 15 16 Chapter 110 — ZONING 17 18 * * * 19 20 ARTICLE VII. — DISTRICTS 21 22 *** 23 24 DIVISION 8. — TOWNHOUSES 25 26 *** 27 28 Sec. 110-372. - Area and dimensions. 29 Townhouse area and dimensions shall be as follows: 30 (1) Minimum area to be developed shall be 6,250 square feet. 31 (2) Minimum lot area shall be 1,600 1,400 square feet. 32 (3) For all townhouse subdivisions approved after April 17, 2018, the 44minimum lot width 33 shall be 20 feet for interior lots, 28 feet for end lots, 45 feet for a corner lot and 35 feet 34 for a corner lot on a nonconforming lot of record. 35 a. Should a townhouse structure built on a lot that has become nonconforming after 36 April 17, 2018 be destroyed, a new townhouse may be rebuilt on such 37 nonconforming lot, notwithstanding the provisions of Section 110-196 relating to 38 nonconforming lots of record. 39 (4) Minimum lot depth shall be 70 feet. 40 (5) Maximum lot coverage by all buildings shall be 40 percent of the site area. 41 (6) Minimum floor area shall be as follows: 42 a. One bedroom, 650 square feet per dwelling unit. 43 b. Two bedrooms, 750 square feet per dwelling unit. 44 c. Additional bedrooms, 200 square feet per bedroom. City of Cape Canaveral Ordinance No. 03-2018 Page 2 of 4 1 (7) Maximum building length or width shall be 185 feet. 2 (8) For all townhouse units built after April 17, 2018, the minimum townhouse unit width 3 shall be 20 feet. 4 a. Should a townhouse unit that has become nonconforming after April 17, 2018 be 5 destroyed, a new townhouse unit may be rebuilt, provided that it is in conformity with the 6 provisions of this Division to the maximum extent possible, notwithstanding the 7 provisions of Section 110-193(c) relating to the continuance of nonconforming structures. 8 Until December 31, 1993, 50 and 75 -foot -wide nonconforming lots of record may have 16- 9 foot -wide townhouse lots. Further, notwithstanding the above, for multiple -family dwellings 10 and two-family dwellings existing prior to October 4, 1988 that, although not located on 11 individually platted lots, were otherwise built in accordance with townhouse standards, such 12 dwellings may be converted to townhouses with lot widths and unit widths of 16 feet or more 13 as necessary to allow for the existing footprint of each dwelling unit to remain. In addition, 14 notwithstanding any provision of Chapter 98 of this Code, such existing dwellings shall be 15 allowed to remain in their existing location, irrespective of an encroachment into a yard 16 setback, except that such encroachment must be remedied upon the destruction of the 17 encroaching unit. 18 With any application for a townhouse subdivision that proposes to convert an existing 19 multiple -family or two-family dwelling unit into a townhouse, the applicant must submit a 20 certified report from a registered state professional engineer that such dwelling was built in 21 accordance with townhouse standards and such units shall also be subject to inspection by the 22 building official. Townhouse standards shall mean that the multiple -family dwelling or two - 23 family dwelling was built in accordance with the applicable Townhouse provisions of the 24 adopted Building Code at the time of its construction. 25 26 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 27 inconsistent Ordinances and Resolutions adopted by the City Council, or parts of prior 28 Ordinances and Resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 29 30 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape 31 Canaveral City Code and any section or paragraph, number or letter and any heading may be 32 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 33 like errors may be corrected and additions, alterations and omissions, not affecting the construction 34 or meaning of this Ordinance and the City Code may be freely made. 35 36 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 37 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 38 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 39 be deemed a separate, distinct and independent provision, and such holding shall not affect the 40 validity of the remaining portions of this Ordinance. 41 42 Section 6. Effective Date. This Ordinance shall become effective immediately upon 43 adoption by the City Council of the City of Cape Canaveral, Florida. 44 45 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of 46 May, 2018. City of Cape Canaveral Ordinance No. 03-2018 Page 3 of 4 1 2 3 Bob Hoog, Mayor 4 5 ATTEST: For Against 6 7 Mike Brown 8 9 Mia Goforth, CMC Robert Hoog 10 City Clerk 11 Wes Morrison 12 First Hearing: April 17, 2018 13 Advertisement: May 3, 2018 Rocky Randels 14 Second Hearing: May 15, 2018 15 Angela Raymond 16 17 Approved as to legal form and sufficiency 18 for the City of Cape Canaveral only by: 19 20 21 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 03-2018 Page 4 of 4 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 7 Subject: Ordinance No. 04-2018; providing for the location of Pharmacies and Medical Marijuana Treatment Center Dispensing Facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community Development Summary: On September 16, 2014, the City Council adopted Ordinance No. 09-2014 to establish operational and locational criteria related to Medical Marijuana Treatment Center Dispensing Facilities (MMTCDF.) The Ordinance was in anticipation of the November 4, 2014 referendum on The Florida Medical Marijuana Initiative (Amendment 2). Amendment 2, which was approved by 71 percent of the electorate, took effect on January 3, 2017 and required laws be in place by July 3, 2017 for how patients can qualify and receive medical marijuana. Governor Rick Scott signed legislation (SB 8-A) on June 23, 2017 to implement Amendment 2. Highlights of the legislation include: • Exempts marijuana and marijuana delivery devices from sales and use tax. • Establishes procedures for physicians to issue certifications to patients who have qualifying medical conditions. • Allows marijuana edibles and vaping, but prohibits smoking. • Eliminates a 90 -day waiting period for a patient to receive medical marijuana. • Establishes qualifications to become a caregiver to assist qualified patients. Another notable provision of the law is that it contains specific preemption provisions regarding MMTCDF. Specifically, that a municipality may, by ordinance, ban MMTCDF from being located within its boundaries. However, if a municipality does not ban dispensing facilities, it may not place specific limits either on the number of dispensing facilities that may locate in the municipality and, further, may not enact ordinances for permitting or determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies. In response, the Council adopted Ordinance No. 11-2017 which prohibited dispensing facilities in the City limits. In recent months, a number of Brevard County governments have approved ordinances to allow for medical marijuana distribution. These Cities include Rockledge, Palm Bay, Titusville and Satellite Beach. In February, the Brevard County Commission let the countywide moratorium expire, thus allowing dispensing facilities throughout the County. Consistent with these recent actions, an ordinance has been prepared that would allow for a dispensing facility in the C-1 and C-2 zoning districts within the A1A Economic Opportunity Overlay District. Further, the ordinance would limit permissible locations to properties that are adjacent to or contiguous with Highway A1A (a.k.a. Astronaut Boulevard and N. Atlantic City Council Meeting Date: 5/15/2018 Item No. 7 Page 2 of 2 Avenue south of International Drive). This road is better suited to accommodate uses with higher volumes of traffic. N. Atlantic Avenue, north of International Drive is mostly residential in nature and has been recently upgraded with pedestrian -centric improvements. The proposed ordinance also includes a 500 -foot separation requirement, consistent with Florida Statutes, between a dispensing facility and a public or private elementary, middle and secondary school. Florida Statutes also requires video surveillance and employees be registered with local law enforcement agencies. First reading of the proposed ordinance is being considered again as the public notice requirements were not met for the April 17, 2018 meeting. A Notice of Public Hearing appeared in the May 3, 2018 edition of Florida Today. Submitting Department Director: David Dickey Date: 5-7-18 Attachment: Ordinance No. 04-2018 Financial Impact: Cost of Ordinance preparation, advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5/4/18 The City Manager recommends that City Council take the following action: Approve Ordinance No. 04-2018 on first reading. Approved by City Manager: David L. Greene Date: 5/7/18 1 ORDINANCE NO. 04-2018 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 PROVIDING FOR THE LOCATION OF PHARMACIES 6 AND MEDICAL MARIJUANA TREATMENT CENTER 7 DISPENSING FACILITIES WITHIN THE CITY; 8 PROVIDING FOR THE REPEAL OF PRIOR 9 INCONSISTENT ORDINANCES AND RESOLUTIONS, 10 INCORPORATION INTO THE CODE, SEVERABILITY 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 14 State Constitution, to exercise any power for municipal purposes, except when expressly 15 prohibited by law; and 16 17 WHEREAS, in 2016, Florida voters approved the Florida Right to Medical Marijuana 18 Initiative ("Amendment 2"), which amended the Florida Constitution to authorize "Medical 19 Marijuana Treatment Centers"; and 20 21 WHEREAS, the Florida Legislature passed SB 8-A, amending Section 381.986, 22 Florida Statutes, in the 2017 Special Session, approved by the Governor on June 23, 23 2017, which implemented Amendment 2 and which further contains specific preemption 24 provisions regarding dispensary facilities of medical marijuana treatment centers; and 25 26 WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban 27 medical marijuana treatment center dispensing facilities from being located within the boundaries 28 of that municipality, but that a municipality that does not ban dispensing facilities may not place 29 specific limits either on the number of dispensing facilities that may locate in the municipality and, 30 further, may not enact ordinances for permitting or determining the location of dispensing facilities 31 which are more restrictive than its ordinances permitting or determining the locations for 32 pharmacies licensed under chapter 465, Florida Statutes; and 33 34 WHEREAS, the City Council previously in Ordinance 11-2017 enacted a ban on 35 medical marijuana treatment center dispensing facilities, prohibiting them from locating in the 36 City, with the direction that the City Council may, at some time in the future, reconsider the ban; 37 and 38 39 WHEREAS, the City Council now desires to reconsider the prohibition on 40 medical marijuana treatment center dispensing facilities previously enacted in Ordinance 41 11-2017 to allow for such dispensing facilities in certain locations where pharmacies are 42 permitted in the C-1 and C-2 zoning districts within the A1A Economic Opportunity Overlay 43 District; and 44 45 WHEREAS, the City Council, with the concurrence of the Planning and Zoning Board, 46 has determined that pharmacies and medical marijuana treatment center dispensing facilities are 47 likely to attract customers from beyond the City limits and to generate a significant number 48 of traffic trips, particularly with delivery of the controlled substances to be dispensed being 49 permitted pursuant to Florida Statutes; and City of Cape Canaveral Ordinance No. 04-2018 Page 1 of 6 1 WHEREAS, because of the trips likely to be generated by such uses, the City 2 Council desires to limit the permissible locations for pharmacies and medical marijuana 3 treatment center dispensing facilities to properties that are adjacent or contiguous to 4 Highway AlA (a.k.a. Astronaut Boulevard and N. Atlantic Avenue south of International 5 Drive), which is better suited to accommodate the traffic that will be generated than other parts 6 of N. Atlantic Avenue generally running northeast from Highway A1A to George King 7 Boulevard; and 8 9 WHEREAS, properties along the portion of N. Atlantic Avenue generally running 10 northeast of Highway A1A to George King Boulevard, which are mostly residential in nature 11 with wide sidewalks and biking paths and a 25 mph speed limit designed to encourage pedestrian 12 and bicycle transportation, are not well-suited to traffic -intensive uses; and 13 14 WHEREAS, the City Council therefore determines that it is in the best interests of the 15 public health, safety and welfare of the citizens of Cape Canaveral to allow pharmacies and 16 medical marijuana treatment center dispensing facilities within the boundaries of the City, 17 subject to the limitations specifically provided herein. 18 19 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 20 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 23 this reference as legislative findings and the intent and purpose of the City Council of the City of 24 Cape Canaveral. 25 26 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape 27 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 28 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance 29 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the 30 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior 31 to adoption of this Ordinance: 32 33 34 Chapter 110 — ZONING 35 36 *** 37 ARTICLE I. — IN GENERAL 38 *** 39 40 Sec. 110-1. — Definitions. 41 42 *** 43 44 Pharmacy means an establishment licensed by and in good standing with the State of Florida as 45 a community pharmacy, as defined in Chapter 465, Florida Statutes, that may dispense Schedule 46 II and III controlled substances. 47 48 * * * City of Cape Canaveral Ordinance No. 04-2018 Page 2 of 6 1 2 ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS 3 4 * * * 5 6 DIVISION 1.— GENERALLY 7 8 * * * 9 10 Sec. 110-489. - Pain management clinic 11 regulations. 12 (1) Pain management clinics may only be permitted by special exception in the C-1, C-2 and 13 M-1 zoning districts, subject to the general conditions for special exceptions and subject to 14 the following requirements: 15 * * * 16 (r) Single special exception application/Single classification of special exception. Only 17 one special exception may be issued for a location or any single building and only under 18 a single classification for a pain management clinic. 19 20 * * * 21 22 23 24 * * * 25 26 ARTICLE X.—A1A ECONOMIC OPPORTUNITY OVERLAY DISTRICT 27 28 * * * 29 DIVISION 1.— GENERALLY 30 31 * * * 32 33 Sec. 110-587. -Applicability. 34 (1) The District is a commercial corridor of approximately one and three-quarter miles, 35 generally centered on both A1A (Astronaut Boulevard) and N. Atlantic Avenue and 36 recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant 37 Avenue on the south. 38 (2) The area of the district along A1A is intended to serve as the main gateway into the City of 39 Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the 40 main street to the City of Cape Canaveral's Town Center and as a transition between the land 41 use, circulation, and streetscape along A1A and the Town Center. This District is intended to 42 have the most intensive commercial and residential uses within the City. The EOOD is meant 43 to provide a lively and attractive interface between the proposed Town Center and the adjacent City of Cape Canaveral Ordinance No.04-2018 Page 3 of 6 1 residential communities, while maintaining a primarily commercial street frontage along 2 A1A,N. Atlantic Avenue and Central Boulevard. 3 (3) The streets will have a retail/commercial service atmosphere with small or large 4 neighborhood stores at street level and apartments or offices on upper stories. The retail 5 composition of the district shall include, but not be limited to, retail stores,personal services, 6 hotels, cultural facilities, hospitals, clinics, pharmacies, medical marijuana treatment center 7 dispensing facilities, convenience stores with gas, high-tech manufacturing, entertainment, 8 and eating establishments including rooftop restaurants that serve the EOOD as well as stores, 9 eating establishments, and business services (printing, accounting, etc.) that serve the other 10 businesses and office users in the area. Residential uses shall be permitted within the District; 11 however, shall be limited to upper stories along A1A, N. Atlantic Avenue and Central 12 Boulevard within the District. 13 (4) The main street component of the District is intended to provide a mixed-use, 14 pedestrian-oriented focus for the proposed Town Center, with land uses serving Town 15 Center residents and visitors. This sub-district provides the City of Cape Canaveral with a 16 small-town style walkable center that is convenient, useful, safe and attractive for 17 pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall 18 occupy as much of the ground floor frontages along Central Boulevard as the market will 19 bear. Upper stories shall be office or residential along these main streets. This district 20 also shall provide the potential for continuum-of-care developments including 21 opportunities for aging in place and include such uses as independent, assisted living and 22 skilled care facilities. 23 * * * 24 DIVISION 2.—ADMINISTRATION 25 26 * * * 27 28 Sec. 110-609. - Use matrix. 29 The District is intended to serve as both the main gateway area into the City as well as 30 the main street to the City's proposed Town Center. The following land use matrix (Table 1) 31 identifies the uses which are permitted by right (P), permitted by a special exception (SE), or 32 not allowed(NA). Table 1. Land Use Matrix Uses (not a complete listing)* C-1 C-2 M-1 Retail P P P 1 Personal Services P P SE 1 Hotels and Motels P P 1 P City of Cape Canaveral Ordinance No.04-2018 Page 4 of 6 Banks P P SE 1 Waterfront Restaurant P P SE Assisted Living Facility SE SE 1 NA Pharmacies/Medical Marijuana Treatment Center Dispensing P P NA Facilities 21 Flex Space (office, showroom,warehouse) 2 SE SE P Convenience Store w/Gas 2 SE SE P High-tech/Light Manufacturing 2 SE P P Warehousing 2 NA SE P Off-site Cruise Ship Parking Accessory to Hotels and Motels 2 SE SE SE Commercial Parking Facility (minimum lot size of 5 acres) NA NA SE Port of Call Facility [Permitted pursuant to a Development P P P Agreement(DA)] 1 (w/DA) (w/DA) (w/DA) Attraction and Destination Uses 1 PD PD PD Mixed-use Development uses (i.e. Town Center) 1 PD PD PD 1 2 1 Added use. 3 2 Use included to clarify intent of code. 4 3 Shall be permitted only on properties adjacent to or contiguous with Highway A lA (a.k.a. 5 Astronaut Boulevard and N. Atlantic Avenue south of International Drive). For purposes 6 herein, a pharmacy shall include any use where a pharmacy is included as an accessory use or 7 department of the principal use. Medical marijuana treatment center dispensing facilities 8 shall not be located within 500 feet of the real property that comprises a public or private 9 elementary, middle or secondary school, or as otherwise provided in Chapter 381, 10 Florida Statutes, as may hereafter be amended. 11 *Uses not specifically listed may be approved as a Planned Development (PD). City of Cape Canaveral Ordinance No.04-2018 Page 5 of 6 1 2 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 4 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 5 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 6 7 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape 8 Canaveral City Code and any section or paragraph, number or letter and any heading may be 9 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 10 like errors may be corrected and additions, alterations and omissions, not affecting the construction 11 or meaning of this Ordinance and the City Code may be freely made. 12 13 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 14 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 15 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 16 be deemed a separate, distinct and independent provision, and such holding shall not affect the 17 validity of the remaining portions of this Ordinance. 18 19 Section 6. Effective Date. This Ordinance shall become effective immediately upon 20 adoption by the City Council of the City of Cape Canaveral, Florida. 21 22 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 23 of , 2018. 24 25 26 Bob Hoog, Mayor 27 28 ATTEST: For Against 29 30 Mike Brown 31 32 Mia Goforth, CMC Robert Hoog 33 City Clerk 34 Wes Morrison 35 First Advertisement: May 3, 2018 36 First Hearing: May 15, 2018 Rocky Randels 37 Second Advertisement: 38 Second Hearing: Angela Raymond 39 40 Approved as to legal form and sufficiency 41 for the City of Cape Canaveral only by: 42 43 44 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 04-2018 Page 6 of 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 5/15/2018 Item No. 8 Subject: Review and Approve the City Council FY 2018/19 Strategic Planning Retreat: Process and Results Report; City Council Strategic Planning Retreat Minutes of March 28, 2018; Approve the Cape Canaveral Vision Statement as currently written; Reaffirm that Al be "Priority #1" in the City and Approve going forward on the eight projects proposed by the City Manager: Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) - $5 million; Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million; W. Central/Thurm Boulevard Streetscape - $1.42 million; Central Boulevard Streetscape - $1 million; Cumberland Farms Pocket Park - $30,000; Wagner Park - $100,000; Long Point Estuary Park - $1.38 million and Community Survey - $4,000. Department: Community Development Summary: On March 28, 2018 Council met in a workshop setting to conduct a strategic planning analysis of the City (Attachment 1 — Appendix A). The workshop provided an opportunity for the Council to: (a) consider a report from the City Manager outlining in detail the degree to which each of the goals (established at the 2017 Retreat) had been accomplished (Attachment 1 — Appendix B); (b) review an assessment of current strengths/weaknesses of the organization and opportunities/threats existing in the environment; (c) identify FY 2018/19 goals (Attachment 1 — Appendix C); and (d) discuss and possibly revise the City Vision Statement (Attachment 1 — Appendix E). In preparation for this year's Retreat, Dr. Tom D. Freijo met with Department Directors on February 21, 2018, to update the Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis (Attachment 1 — Appendix D). Dr. Freijo met one-on-one with City Council Members on March 12-13, 2018 to: (a) Establish rapport, (b) Review the 2018 Strategic Planning process, (c) Preview what will occur at the Strategic Planning Retreat, and (d) Engage each Council Member in a discussion of the desired direction for the City. Workshop (a) Progress Report: At the workshop, the City Manager presented a report of the status of projects discussed at last year's 2017/18 Retreat, to include: (see Attachment 1 — Appendix B for a more complete discussion of progress) 1. Canaveral City Park Redevelopment. This project is proposed to be a redevelopment of the Canaveral City Park property and would include a large, two-story multipurpose, Multi -Generational Facility (MGF) that would house a Youth Center, Police Athletic League programs and various athletic activities/community-oriented events, as well as a "splash pad", skate park and rope climbing course. On July 18, 2017, Council authorized the issuance of up to $6.2 million in revenue notes to finance certain public construction projects — including $5 million for the MGF. On January 18, 2018, Staff reviewed 9 responses to RFQ 2017-01 for services related to the design and construction of the MGF. Architects RZK, Inc. from Cocoa was selected. City Council Meeting Date: 05/15/2018 Item No. 8 Page 2of5 By September 30, 2018, the project will be approximately 60% designed and preliminary discussions with permitting agencies will have occurred. Although funding has been acquired, the City continues to negotiate with Brevard County to identify another possible source of funding, the Community Redevelopment Agency (CRA). The City intends to pay for this project using the CRA as this fits within the scope of allowed projects. The City will seek further funds from Brevard County Tourist Development Council as the project fits within some of its grant funding allocation requirements. 2. Cultural Arts Preservation and Enrichment (CAPE) Center. This project entails redevelopment of the old City Hall building at 105 Polk Avenue for a location to promote art and the City's history. It would include whimsical architecture designed to be iconic and to pique interest. It would include outdoor displays and activities such as the Farmer's Market, art classes, future community art projects such as murals and mid- century modern architecture tying into the era when the City was first incorporated. On July 18, 2017, Council authorized the issuance of up to $6.2 million in revenue notes to finance the certain public construction projects — including $1.2 million for the CAPE Center. On January 18, 2018, Staff reviewed 9 responses to RFQ 2017-01 for services related to the design and construction of the CAPE Center. Architects RZK, Inc. from Cocoa was selected. By September 30, 2018, the project will be approximately 60% designed and preliminary discussions with permitting agencies will have occurred. Quotes have been acquired for interior demolition and asbestos abatement. This part of the project will be paid for by the general fund. Although funding has been acquired for the main redevelopment project, City Staff continues to negotiate with Brevard County to identify source of funds for payback. City intends to pay for this project using the CRA as this fits within the scope of allowed projects. City will seek further funds from Brevard County TDC as the project fits within its grant funding allocation requirements. 3. Inspiration & Whimsy Parks. These two projects would provide additional park/gathering spaces along Polk Avenue, leveraging existing City facilities, to include City Hall, Library, CAPE Center, Veterans Park and the Brevard County Sheriff's Office Building. These facilities will support the City's efforts to become more walkable, bikeable and engage the community at -large. Whimsy Park, which is located adjacent to the Library, would be the site for outdoor sculptures and/or art features, while Inspiration Park will provide outdoor seating and a place for quiet contemplation. Whimsy Park. Through an Out -of -School Time Grant from the National Recreation and Park Association, the City was able to acquire a large outdoor chess game and install a concrete pad to set the stage for future development. Staff, in conjunction with Kimley-Horn, prepared a draft master plan in FY16/17 that included the chess game as one of the whimsical amenities that would be offered. Families have already started to enjoy the park more frequently and the chess game has generated a lot of interest since no other amenity of this kind exists on public property in Brevard County. City Council Meeting Date: 05/15/2018 Item No. 8 Page 3 of 5 Inspiration Park. The dilapidated, unoccupied building on the corner of Polk and Magnolia Avenues is reminiscent of days gone by. The location of this property affords us the opportunity to integrate this Project into the greater Polk Avenue Redevelopment Plan, further adding to the practical/aesthetic renewal of this corridor. With all of its current and slated amenities, Polk Avenue will become a vibrant destination point and Inspiration Park will serve as a tranquil alcove amidst this bustling thoroughfare. The City's effort to acquire this property continues to run its course through the legal system. In summary, the City has approximately $175k in Code Enforcement fines on the property, which the City attempted to foreclose on in 2017. However, the owner filed for bankruptcy one day before the sale, which carries with it an automatic stay. In conjunction with the City Attorney's Office, the stay is being contested, which, if lifted, would allow the sale to move forward. 4. Polk Avenue Streetscape. This Project includes a streetscape treatment of Polk Avenue from the City Hall Building east to Ridgewood Avenue. A preliminary Master Plan and hardscape palette have been completed by Kimley Horn for the Polk Avenue Corridor running east from the new City Hall to the beach end. The automobile -oriented space is replaced with paths that focus on pedestrian and bicyclist experiences. The design incorporates a curvilinear approach at each intersection that emphasizes the City slogan of "Sun, Space & Sea". The concept includes colored concrete patterns that flow into the street and throughout the cross walks as the main 10' shared sidewalk switches sides of the street. A corresponding street end park is designed around a curvilinear pattern that includes an overhead shade structure, plaza and outdoor shower. Traffic calming measures and designs are incorporated throughout to make the corridor more pedestrian friendly. The design includes additional street trees, hardscape, as well as seat walls to provide strategic locations for viewing proposed park amenities along the corridor. Brick pavers are proposed to be installed on Polk Avenue between the Magnolia Avenue intersection and the City Hall building. Due to the linear nature of the project, a phased approach could be taken to lessen impacts on residents along the corridor. Final design/permitting/construction could be accomplished over a multi-year time -frame. Design work could be started as early as the 2018/19 fiscal year. Costs will increase due to the decorative concrete/paving work and chicaning of Polk Avenue. Project cost of $2.9 million is estimated. CRA and Capital financing may be available. 5. Cherie Down Park. Cherie Down Park is a 6.99 acre facility located on Ridgewood Avenue in the City of Cape Canaveral. It is the only beachfront park located within City limits. The property is owned by Brevard County Board of County Commissioners (BOCC) and the Brevard County School District (District). The BOCC leases the District's portion of the property to use as a Park with beach access until 2080. The parking capacity of the park is estimated at 106 spaces, a number of which are part of an unimproved area which is reserved in perpetuity for use by the Army Corp of Engineers (ACOE) as a staging area for beach re -nourishment and conservation. City Council Meeting Date: 05/15/2018 Item No. 8 Page 4 of 5 The current amenities at Cherie Down include restroom facilities, pedestal shower, lifeguard shack, boardwalk and small picnic pavilion. The Park is currently in an embarrassing state of disrepair, the details of which have been explicated in previous Council communications. Acquisition of this property presents the City with an opportunity to create a branded beachfront facility that will become a welcoming, family -centric destination point for residents and tourists alike. With estimated redevelopment costs of $3 million, capital financing would be the biggest contributor to the project with grants and SPIA funds supplementing when possible. Not having to purchase land further adds to the value of this project. Revenue from facility rentals, concessionaires and possible beach parking would assist with operating and maintenance costs. Negotiations have been on-going with the Brevard County Tourist Development Council (TDC), BOCC and the CRA since last year's Retreat. The BOCC is interested in transferring this property to the City; however, the District 2 Commissioner's position is to condition the transfer to require that County residents not be subject to any imposed parking fees. Staff will continue to explore possible scenarios that address the various parties concerns. TDC Staff has expressed interest in funding assistance with needed improvements, while the School Board is potentially willing to transfer lease rights for its portion of the Park to the City. However, the Board desires to retain ownership of their portion of the Park. (b) SWOT Analysis - Dr. Freijo provided a brief overview of Strength, Weaknesses, Opportunities, and Threats (SWOT) Analysis. Internal factors to the City include its strengths/weaknesses while external factors involve opportunities/threats presented by the external environment. The Council reviewed identified strengths, weaknesses, opportunities, and threats generated by Staff on February 21, 2018. With very minor exception, Council was in agreement with the identified Strengths, Weaknesses, Opportunities and Threats. The only change was to broaden the Threats to include storm surges, flooding, and hurricanes. (c) FY 2018/19 Goals - the City Manager outlined a list of possible new projects for FY 2018/19, to include: (see Attachment 1 — Appendix C for a more complete discussion of proposed projects) • Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) - $5 million • Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million • W. Central/Thurm Boulevard Streetscape - $1.42 million • Central Boulevard Streetscape — $1 million • Cumberland Farms Pocket Park - $30,000 • Wagner Park - $100,000 • Long Point Estuary Park - $1.38 million • Community Survey - $4,000 City Council Meeting Date: 05/15/2018 Item No. 8 Page 5 of 5 (d) Vision Statement - Dr. Freijo led Council in discussion about the current City Vision Statement and if any changes were needed. Council decided that no changes were in order. Next Steps Dr. Freijo guided Council in a brief discussion of the next steps to effectively implement the Goals. Council reached Consensus for pedestrian safety and other improvements to AlA be "Priority#1" in the City. Further discussion noted the importance of the Capital Improvement Plan detailing locations of sidewalks and other mobility improvement projects. Submitting Director: David Dickey Date: 5-8-18 Attachments: I. Cape Canaveral Strategic Planning Retreat: Process and Results Report—April 12, 2018 A. Retreat Agenda B. 2017 Goals Progress Report C. Proposed On-Going Goals D. SWOT Analysis E. Vision Statement 2. City Council Strategic Planning Retreat Minutes— March 28, 2018 Financial Impact: Staff time/effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 5/8/18 The City Manager recommends that City Council take the following actions: Review and Approve the City Council FY 2018/19 S ategic Planning Retreat: Process and Results Report; City Council Strategic Planning Retreat Minutes of March 28, 2018; Approve the Cape Canaveral Vision Statement as currently written; Reaffirm that A1A be"Priority #1" in the City and Approve going forward on the eight projects proposed by the City Manager: Canaveral City Park Redevelopment/Multi-Generational Facility(MGF) - $5 million;Cultural Arts Preservation Enrichment (CAPE) Center - $1.2 million; W. Central/Thurm Boulevard Streetscape - $1.42 million; Central Boulevard Streetscape-$1 million;Cumberland Farms Pocket Park-$30,000;Wagner Park-$100,000; Long Point Estuary Park-$1.38 million and Community Survey-$4,000. Approved by City Manager: David L. Greene Date: 5/8/18 Attachment 1 CITY OF CARE CANAVERAL CAPE CANAVERAL 2018 STRATEGIC PLANNING RETREAT: PROCESS AND RESULTS REPORT Prepared by: Tom D. Freijo, Ph.D. Strategic Planning Facilitator April 12, 2018 Table of Contents INTRODUCTION 1 RETREAT PROCEDURES 1 Opening Comments 2 Agenda Review 2 Strategic Planning Overview 2 Progress on 2017 Goals Accomplishment and Presentation of Proposed On -Going Goals 2 S.W.O. T. Analysis 2 Goals Identification 3 Discussion of Next Steps 3 Responsibilities of City Council and City Manager 3 Plan(s) of Action 3 Budget Allocations 4 Monitoring/Evaluation Process 4 Periodic Reports 4 Year-end Report and Initiation of Subsequent Strategic Planning Cycle 4 Follow up Meeting 4 APPENDIX A: RETREAT AGENDA 5 APPENDIX B: 2017 GOALS PROGRESS REPORT 7 APPENDIX C: PROPOSED ON-GOING GOALS 27 APPENDIX D: S.W.O.T. ANALYSIS 35 APPENDIX E: REVISED VISION STATEMENT 40 INTRODUCTION The City of Cape Canaveral is beginning the third year of an on-going Strategic Planning Process. The Strategic Planning is based upon an approach that (1) has the City Council, in consultation with the City Manager, setting long-range and short-range goals for the City; (2) has the City Manager and Staff developing and implementing strategies to achieve the goals; (3) provides for monitoring and reporting progress on an on-going basis; and (4) involves periodic reviewing of progress by the City Council and making adjustments as needed. This is an iterative process wherein each year the process described above is repeated, and the goals and activities of one year are based upon and extended beyond the accomplishments of the previous year — thus leading to continuous improvement. This report describes the events leading up to the 2018 Strategic Planning Retreat, what transpired at the Retreat, and results of the Retreat. Similar information related to the first two Strategic Planning Retreats are presented in the documents: Cape Canaveral 2016 Strategic Planning Retreat: Process and Results, and Cape Canaveral 2017 Strategic Planning Retreat: Process and Results Report. RETREAT PROCEDURES On Wednesday, March 28, 2018, Dr. Tom Freijo, the Facilitator for the City's Strategic Planning Process, facilitated a Strategic Planning Retreat for the Cape Canaveral City Council and City Manager. Also present, in a consultative capacity as needed, were key staff. The meeting was held in the Jamaica Conference Room at the Radisson Resort at the Port from 10:30 a.m. until 3:00 p.m., and included the following participants. Bob Hoog, Mayor Mike Brown, Mayor Pro Tem Wes Morrison, Council Member Rocky Randels, Council Member Angela Raymond, Council Member David Greene, City Manager John DeLeo, Administrative and Financial Services Director David Dickey, Community Development Director Anthony Garganese, City Attorney Michael German, Building Official Mia Goforth, City Clerk Melinda Huser, Deputy Finance Director Daniel LeFever, Deputy City Clerk Ralph Lotspeich, Public Works Director Lisa Day, City Manager's Executive Assistant Todd Morley, Economic Development Director John Pekar, City Engineer Jeff Ratliff, Capital Projects Director Jane Ross, Human Resources/Risk Management Director Joshua Surprenant, PWS Deputy Director/Community Engagement Director Molly Thomas, Cultural Programs Manager Gustavo Vergara, Culture and Leisure Services Director 1 Opening Comments The Facilitator opened the Retreat with welcoming statements followed by a brief set of remarks encouraging the retreat participants to fully avail themselves of the opportunity to move beyond the normal solution of day-to-day issues and, instead, to look at the big picture, to think big, to brainstorm, to look toward the future, and to express bold thoughts. The facilitator then shared his perception of his two -fold role during the retreat: (1) to assure that each of the Council members and the City Manager had ample opportunity to voice their ideas, and (2) to assure that the discussion stayed within the boundaries established by the agenda and moved forward in an efficient manner He encouraged lively discussion, conducted in a spirit of civility and respect. Agenda Review The Facilitator presented the agenda along with some explanatory commentary, and then ascertained that the Council and City Manager were comfortable with pursuing that agenda. Having agreed with that agenda, the Facilitator reminded the group that it was important, in order to complete the work of the day, that discussion be limited to the agenda items. A copy of the agenda appears in Appendix A. Strategic Planning Overview The Facilitator next presented a brief overview of the strategic planning process. It was stressed that a strategic planning process is cyclical in nature and can significantly increase the likelihood that important and desired goals move from "wouldn't it be nice" discussions to concrete, objective, doable plans — grounded in the reality of a careful analysis of feasibility and availability of the resources necessary to implement the plans and achieve the goals. Further, it was stressed that the results of a strategic planning process were cumulative, since the accomplishment of one set of goals provided a new platform from which to pursue future goals. Progress on 2017 Goals Accomplishment and Presentation of Proposed On -Going Goals The City Manager presented a report on progress toward accomplishment of 2017 Goals which had been established by the Council. He used this as a springboard to provide an overview of goals for the next planning period, building upon the 2017 goals. Appendix B contains the report on 2017 Goals accomplishment; Appendix C contains the proposed goals for the next planning period. As can be seen from Appendix C, the proposed goals were both comprehensive and ambitious. S.W.O.T Analysis On Wednesday, February 21, 2018, the Facilitator had facilitated a session with the key administrative staff to update the S.W.O.T. Analysis that had been conducted originally in 2016 and updated in 2017. The Facilitator subsequently had shared the updated S.W.O.T. Analysis with Council members during their one-on-one meetings on March 12 and 13. The results from the S.W.O.T. Analysis were the Retreat' s next order of business. After a brief overview of S.W.O.T. Analysis basics, participants reviewed the list of internal Strengths, internal 2 Weaknesses, external Opportunities, and external Threats. The City Council was in agreement with the strengths, weaknesses, opportunities, and threats that had been identified by staff. The only suggested change was to broaden the statement related to weather/climate change to include hurricanes, flooding, and storm surge. The materials related to the S.W.O.T. analysis are in Appendix D. Vision Statement Using the results of the S.W.O.T Analysis and the discussions of goals accomplishment and proposed On-going Goals, the City Council then reviewed the current Vision statement for the City. The Council agreed that the current Vision statement is an accurate reflection of what the City should be moving toward in the future. See Appendix E. Goals Identification On Monday and Tuesday, March 12 and 13, 2018, the Facilitator had met one-on-one with each of the five members of the City Council. During those meetings, the Facilitator reviewed the Strategic Planning process, the results from the 2017 Retreat, and what was occurring in preparation for the 2018 Strategic Planning Retreat. With the progress report on the 2017 goals, results of the updated S.W.O.T Analysis, the Vision statement, and the proposed On -Going Goals proposed by the City Manager as a backdrop, the Council entered into a discussion with the City Manager concerning the 2017 results and the On - Going Goals. The Council expressed a high level of satisfaction with the progress made on the 2017 goals. They also unanimously agreed with the proposed On -Going Goals, as presented in Appendix C. Discussion of Next Steps Following the ratification of On -Going Goals, the Facilitator briefly reviewed subsequent steps. Responsibilities of City Council and City Manager It is the responsibility of the City Council, as the City' s policymakers, to establish City goals. Once goals have been established, it then becomes the responsibility of the City Manager solely to take those actions which are necessary to accomplish the goals. At that point, the role of the City Council becomes one of oversight and the ultimate arbiters of the degree to which goals are met. Plan(s) of Action It is the responsibility of the City Manager to develop plans for accomplishing the goals and marshaling the resources of the City toward accomplishing the goals. 3 Budget Allocations There is a logical connection between the setting of goals, the resources necessary to accomplish those goals, and the budgeting process. Therefore, the City Manager will present for Council approval budget allocations necessary for accomplishing the Council's goals. Monitoring/Evaluation Process There is in place a monitoring and evaluation process that allows for periodic monitoring of the degree to which timely progress is being made toward ultimate goal achievement. Periodic Reports The City Manager will continue to prepare periodic reports with the purpose of keeping the City Council updated with regard to progress being made on each of the goals. Year -End Report and Initiation of Subsequent Strategic Planning Cycle The strategic planning process should be cyclical, on a one-year recurring cycle. Thus, in approximately one year the City Council will meet for another strategic planning retreat. At that retreat, there will be a focus on: (1) a report from the City Manager outlining in detail the progress on each of the On -Going Goals, and, if any of the goals was not progressing, an explanation of why that had occurred; (2) an assessment of the current strengths and weaknesses of the organization and the opportunities and threats existing in the environment at that time; and (3) identification of FY 2019-20 goals. Follow up Meeting At a future regularly scheduled City Council meeting, the Council will discuss the results of the Strategic Planning Retreat and formally adopt continuing Goals. 4 APPENDIX A RETREAT AGENDA 5 CAPE CANAVERAL CITY COUNCIL STRATEGIC PLANNING RETREAT TO SET FISCAL YEAR 2018/2019 GOALS Radisson Resort at the Port 8701 Astronaut Boulevard, Cape Canaveral, Florida 32920 AGENDA Wednesday March 28, 2018 10:30AM-3:OOPM Facilitator: Tom D. Freijo, Ph.D. WELCOME/INTRODUCTIONS/AGENDA REVIEW (10:30 —10:45) STRATEGIC PLANNING PROCESS REVIEW (10:45 — 11:00) ➢ Review of Strategic Planning Process ➢ Explanation of how the Retreat ties in with Strategic Planning Process REVIEW 2017/18 GOAL ACCOMPLISHMENTS (11:00 — 1:30) REVIEW PROPOSED GOALS FOR 2018/19 (11:00 — 1:30) 12:00 noon — 1:00 p.m. Working Lunch SWOT ANALYSIS (1:30 — 2:00) ➢ Explanation of SWOT ➢ Review results of SWOT Analysis: Strengths, Weaknesses, Opportunities, Threats VISION/GOALS AFFIRMATION (2:00 — 2:30) ➢ Review/Revise current Vision Statement ➢ Affirm 2018/2019 Goals NEXT STEPS DISCUSSION (2:30 — 2:45) ➢ Plan(s) of Action ➢ Budget Allocations ➢ Monitoring/Evaluation Process ➢ Periodic Reports ➢ Year -End Report and initiation of subsequent Strategic Planning Cycle MAYOR HOOG PRESIDES (2:45 — 3:00) THE CITY COUNCIL WILL TAKE ACTION AT THE APRIL 17, 2018 REGULAR CITY COUNCIL MEETING: 1) TO DISCUSS THE VISION STATEMENT AND POSSIBLE REVISIONS/UPDATES; 2) TO DISCUSS AND SET GOALS FOR FISCAL YEAR 2018/2019. PUBLIC COMMENT (2:50 — 3:00) Time limited to 3 minutes per Speaker WRAP UP AND ADJOURNMENT (3:00) 6 APPENDIX B 2017 GOALS PROGRESS REPORT 7 Community Development Memo TO: David L. Greene, City Manager Dr. Thomas Freijo, Retreat Facilitator FROM: David Dickey, Community Development Director DATE: March 23, 2018 RE: 2017/18 Retreat Goal Accomplishments One of the primary tasks to be completed at the City Council's upcoming Strategic Planning Retreat is to review the goals established at the 2016/17 Retreat. The goals, as well as the status of each (shown in blue font), are indicated below. 2017/18 Goals 1. Canaveral City Park Redevelopment. This project is proposed to be a redevelopment of the Canaveral City Park property and would include a large, two-story multipurpose, Multi -Generational Facility (MGF) that would house a Youth Center, Police Athletic League programs and various athletic activities/community-oriented events, as well as a "splash pad", skate park and rope climbing course. On July 18, 2017, Council authorized the issuance of up to $6.2 million in revenue notes to finance the certain public construction projects — including $5 million for the MGF. On January 18, 2018, Staff reviewed 9 responses to RFQ 2017-01 for services related to the design and construction of the MGF. Architects RZK, Inc. from Cocoa was selected based on compliance with RFQ Instructions, Technical Expertise, Quality Control, Staff Credentials, Related Experience with Similar Projects, Location and Local Knowledge/Experience and Project References. By September 30, 2018, the project will be approximately 60% designed and preliminary discussions with permitting agencies will have occurred. Although funding has been acquired, the City continues to negotiate with Brevard County Board of County Commission to identify another possible source of funding, the Community Redevelopment Agency. The City intends to pay for this project using the CRA as this fits within the scope of allowed projects. The City will seek further funds from 8 Brevard County Tourist Development Council as the project fits within some of its grant funding allocation requirements. Below is a concept rendering of the MGF, prepared by GLA in 2017. The selected architect will prepare three concept drawings — similar to the City Hall project — for community/Council consideration and approval. [FOUR RENDERINGS OF PROPOSED CAPE CENTER] 2. Cultural Arts Preservation and Engagement (CAPE) Center. This project entails the redevelopment of the old City Hall building at 105 Polk Avenue for a location to promote art and the City's history. It would include whimsical architecture designed to be iconic and to pique interest. It would include outdoor displays and activities such as the Farmer's Market, art classes, future community art projects such as murals and mid-century modern architecture tying into the era when the City was first incorporated. On July 18, 2017, Council authorized the issuance of up to $6.2 million in revenue notes to finance the certain public construction projects — including $1.2 million for the CAPE Center. On January 18, 2018, Staff reviewed 9 responses to RFQ 2017-01 for services related to the design and construction of the CAPE Center. Architects RZK, Inc. from Cocoa was selected based on compliance with RFQ instructions, Technical Expertise, Quality Control, Staff Credentials, Related Experience with Similar Projects, Location and Local Knowledge/Experience and Project References. By September 30, 2018, the project will be approximately 60% designed and preliminary discussions with permitting agencies will have occurred. Quotes have been acquired for interior demolition and asbestos abatement. This part of the project will be paid for by the general fund. Although funding has been acquired for the main redevelopment project, City Staff continues to negotiate with Brevard County to identify source of funds for payback. City intends to pay for this project using the CRA as this fits within the scope of allowed projects. City will seek further funds from Brevard County TDC as the proj ect fits within its grant funding allocation requirements. 3. Inspiration & Whimsy Parks. These two projects would provide additional park/gathering spaces along Polk Avenue, leveraging existing City facilities, to include City Hall, Library, CAPE Center, Veterans Park and the Brevard County Sherriff Office Building. These facilities will support the City's efforts to become more walkable, bikeable and engage the community at -large. Whimsy Park, which is located adjacent to the Library, would be the site for outdoor sculptures and/or art features, while Inspiration Park will provide outdoor seating and a place for quiet contemplation. Whimsy Park - Through an Out -of -School Time Grant from the National Recreation and Park Association, the City was able to acquire a large outdoor chess game and install a concrete pad to set the stage for future development. Staff, in conjunction with Kimley-Hom, prepared a draft master plan in FY16/17 that included the chess game as one of the whimsical amenities that would be offered. Families have already started to enjoy the park more frequently and the chess game has generated a lot of buzz since no other amenity of this kind exists on public property in Brevard County. The purpose of the Grant was to add amenities to parks that would encourage children and families to spend more time outdoors; the chess game has certainly achieved that goal. [Photo of outdoor chess set] Inspiration Park — The dilapidated, unoccupied building on the comer of Polk and Magnolia Avenues is reminiscent of days gone by. The location of this property affords us the opportunity to integrate this Project into the greater Polk Avenue Redevelopment Plan, further adding to the practical/aesthetic renewal of this corridor. With all of its current and slated amenities, Polk Avenue will become a vibrant destination point and Inspiration Park will serve as a tranquil alcove amidst this bustling thoroughfare. With living walls bordering the west and north property lines, a sense of intimacy would be 10 created protecting not only the neighboring properties but park visitors by immersing them in a different mind space. An ornamental labyrinth would center the property, giving it a distinct and impressive character. Artistic design features like non -ponding fountains, pathways, elevated planters and a half circled pergola structure would complete the vision for this Park. This project embodies the City's Vision Statement as it: • Provides small gathering spaces with multiple types of built-in seating and "platforms" or wood decks that could be used exemplifies the Complete Street: As an extension of the Polk Avenue redevelopment project and a model for the "mix use" paradigm, Inspiration Park will serve as a catalyst for the redevelopment of surrounding properties. • Provides a Sense of Arrival: In addition to enhancing the character of the Polk/Magnolia Avenue intersection and adding to the City's unique identity, Inspiration Park will give those traveling from Ridgewood Avenue a sense of arrival to our downtown area. • Transforms Blighted Buildings: Neighbors will appreciate the redevelopment as it will replace an abandoned eyesore with a green -space, filled with artistic features and something that the community can be proud of. • Creates an Intimate Public Gathering Place: Inspiration Park would be a small, plaza style park with ample shade and seating areas - perfect for reflection, rejuvenation and as so aptly named, inspiration. Design Engineer, Scott Mingonet, explains his line work vision of the Park in saying, "We tried to incorporate a wide range of program elements. The water features are organized along an axis down the main center line of the park that starts with a small fountain at the corner that would appear to be linked to the Labyrinth by a small runnel. We would like for it to be a channel that has a small running water but in reality, it may only be a valley curb that "conceptually" ties the 3 water features together. The runnel would pick up on the west side of the Labyrinth and connect to the water arch and then the main water wall. Users could walk behind the water arch and look out from behind the water feature to the east. The pockets on each side of the centerline is for casual seating or "stages" or to locate permanent and rotating statues/art work." The City' s effort to acquire this property continues to run its course through the legal system. In summary, the City has approximately $175k in Code Enforcement fines on the property, which the City attempted to foreclose on in 2017. However, the owner filed for bankruptcy one day before the sale, which carries with it an automatic stay. In conjunction with the City Attorney's Office, the stay is being contested, which, if lifted, would allow the sale to move forward. Below is a concept drawing of the Park prepared by Kimley-Horn. [Site plan for proposed Inspiration Park] 4. Polk Avenue Streetscape. This Project includes a streetscape treatment of Polk Avenue from the City Hall Building, east to Ridgewood Avenue. A preliminary Master Plan and hardscape palette have been completed by Kimley Horn for the Polk Avenue Corridor running east from the new City Hall to the beach end. The automobile -oriented space is replaced with paths that focus on pedestrian and bicyclist experiences. The design incorporates a curvilinear approach at each intersection that emphasizes the City slogan of "Sun, Space & Sea". The concept includes colored concrete patterns that flow into the street and throughout the cross walks as the main 10' shared sidewalk switches sides of the street. A corresponding street end park is designed around a curvilinear pattern that includes an overhead shade structure, plaza and outdoor shower. Traffic calming measures and designs are incorporated throughout to make the corridor more pedestrian friendly. The design includes additional street trees, hardscape, as well as seat walls to provide strategic locations for viewing proposed park amenities along the corridor. Brick pavers are proposed to be installed on Polk Avenue between the Magnolia Avenue intersection and the City Hall building. Due to the linear nature of the project, a phased approach could be taken to lessen impacts on residents along the corridor. Final design/permitting/construction could be accomplished over a multi-year time -frame. Design work could be started as early as the 2018/19 fiscal year. The project was designed within the existing City right-of-way; therefore, no easements/property acquisition will be required. Costs will increase due to the decorative concrete/paving work and chicaning of Polk Avenue. Project cost of $2.9 million is estimated. CRA and Capital financing may be available. See Attachment 1 for concept drawings prepared by Kimley-Horn of the project. 12 5. Cherie Down Park. Cherie Down Park is a 6.99 acre facility located on Ridgewood Avenue in the City of Cape Canaveral. It is the only beachfront park located within City limits. The property is owned by Brevard County BOCC (BOCC) and the Brevard County School District (District). The BOCC leases the District's portion of the property to use as a Park with beach access until 2080. The parking capacity of the park is estimated at 106 spaces, a number of which are part of an unimproved area which is reserved in perpetuity for use by the Army Corp of Engineers (ACOE) as a staging area for beach re -nourishment and conservation. The current amenities at Cherie Down include restroom facilities, pedestal shower, lifeguard shack, boardwalk and small picnic pavilion. Sadly, the Park is currently in an embarrassing state of disrepair, the details of which have been explicated in previous Council communications. Acquisition of this property presents the City with an opportunity to create a branded beachfront facility that will become a welcoming, family -centric destination point for residents and tourists alike. The proposed redevelopment exemplifies the City's Vision Statement in that it: • Transforms blighted/unfinished structures: Years of neglect have left their mark throughout the entire facility and given its location, visitors immediately assume it is a City owned park. Culture and Leisure Services Staff field complaint calls about its condition regularly. • Embraces the seaside as a main amenity: As a branded destination, Cherie Down would become an oceanfront venue for recreation activities, public engagement and entertainment. • Open shorelines accessible to the public: The amenities at this facility would take advantage of its value as a beachfront gathering place. Public pavilions, connectivity within the park, playful amenities, open green space and a banquet area would all be part of the conversation for redevelopment. • Supports local culture, commerce and education: The amenities envisioned for this property include interactive elements that focus on art, environmental education and local history as well as a small concession area offering goods and services relevant to the location. The redevelopment of the property into a destination point of this capacity, will be remunerated by its positive economic impact on the City. As private redevelopment continues to thrive, public facilities must evolve to stay relevant and inviting to incoming populations. Cherie Down has the potential to be one of the crown jewels of the City' s recreation facilities — a property that showcases our unique community identity and exemplifies our brand as "The Space Between". The City is in position to make this dream a reality. With estimated redevelopment costs of $3 million, capital financing would be the biggest contributor to the project with grants and SPLA funds supplementing when possible. Not having to purchase land further adds to the value of this project. Revenue 13 from facility rentals, concessionaires and possible beach parking would assist with operating and maintenance costs. Negotiations have been on-going with BOCC and the CRA since last year's Retreat. The BOCC is interested in transferring this property to the City; however, the District 2 Commissioner' s position is to condition the transfer to require that County residents not be subject to any imposed parking fees. Staff will continue to explore possible scenarios that address the various parties concerns. The School Board is potentially willing to transfer lease rights for its portion of the Park to the City. However, the Board desires to retain ownership of their portion of the Park. See Attachment 2 for a detailed report on Cherie Down Park. Let me know if you have any questions related to any of these items. Thank you. Attachments 14 15 [POLK AVENUE RENDERING] [Kimley Horn logo] [POLK AVENUE SITE DIAGRAM] [Kimley Horn logo] [POLK AVENUE - IMAGE BOARD] [Kimley Horn logo] [POLK AVENUE-IMAGE BOARD] [Kimley Horn logo] [POLK AVENUE - OVERALL SITE PLAN] [Kimley Horn logo] [POLK AVENUE - INTERSECTION OPTION 1] [Kimley Horn logo] [POLK AVENUE - ENDING OPTION 1] [Kimley Horn logo] [POLK AVENUE - INTERSECTION OPTION 2] [Kimley Horn logo] [POLK AVENUE - ENDING OPTION 2] [Kimley Horn logo] [POLK AVENUE - STREET SECTION] [Kimley Horn logo] [POLK AVENUE - STREET SECTION] [Kimley Horn logo] [STREET SECTION] [Kimley Horn logo] APPENDIX C PROPOSED ON-GOING GOALS 27 Community Development Memo TO: City Council VIA: David L. Greene, City Manager FROM: David Dickey, Community Development Director DATE: March 23, 2018 RE: 2017/18 City Council Strategic Planning Retreat — Project Report Staff has compiled the following materials to provide background information related to projects to be discussed at the upcoming City Council Strategic Planning Retreat. The projects include: • Canaveral City Park Redevelopment/Multi-Generational Facility (MGF) - $5 million • Cultural Arts Preservation Enrichment (CAPE) Center - $1 2 million • W. Central/Thurm Avenue Streetscape - $1.42 million • Central Avenue Streetscape — $1 million • Cumberland Farms Pocket Park - $30,000 • Wagner Park - $100,000 • Long Point Estuary Park - $1.38 million • Community Survey - $4,000 TOTAL $10.034 million There are a number of predictable sources of funding for projects of this nature, capital financing through a revenue -pledge, Community Redevelopment Agency funds and state/federal grants. Note that the City is currently negotiating an Interlocal Agreement with Brevard County related to the CRA that will specify how CRA funds can be spent. No additional bonding/increase of ad -valorem is required to fund these projects. PROJECT: Canaveral City Park Redevelopment Overview: Canaveral City Park is the most centrally located park in the City. A recent needs study revealed many deficiencies exist at the Park relating to mobility and amenities to serve the community. Outside of improved mobility within and around the Park, the following amenities were found to be desperately wanted by the community: • Multigenerational Facility — This type of facility can be a catalyst for community health and engagement. The City is one of the few municipalities in Brevard County that lacks a public or private facility of this nature. Desired community amenities have been expressed and 28 include indoor basketball/volleyball, fitness area, youth/teen area, banquet/gathering area, and indoor walking path. The facility would be utilized by all demographics and would serve as the host site for the City' s Youth Center, summer camp, PAL and youth basketball programs. The facility would be the area' s only public/private indoor fitness facility open to the general public. • Skate Park — A public skate park is another community engaging amenity that crosses age and race barriers. The right design not only becomes a central gathering place for a community but also a tourist attraction, further enhancing the economic impact of a public facility. • Splash Pad — Operating and maintenance costs, as well as lack of property, prohibit the City from owning and operating a public pool. A splash pad serves the community by bringing people together while having the experience of a water park. With almost 10% of the population under 18 years old, this would not only be a heavily used feature at the park but one that could also have a positive economic impact. • Design Features — To complete the park, improved playground equipment, pedways and landscaping will make this the most visited park in the City. Timeline: Thanks to a grant acquired FY 16/17, a preliminary Master Plan has been created which includes all community desired amenities. On January 18, 2018, Staff reviewed 9 responses to RFQ 2017-01 for services related to the design and construction of the Multi -Generational Facility (MGF) and CAPE Center. Architects RZK, Inc. from Cocoa was selected based on compliance with RFQ Instructions, Technical Expertise, Quality Control, Staff Credentials, Related Experience with Similar Projects, Location, Local Knowledge/Experience and Project References. By September 30, 2018, the MGF will be approximately 60% designed and preliminary discussions with permitting agencies will have occurred. Funding: Due to funding considerations, construction of the project has been phased. Phase I consists of the MGF at a cost of $5 million. Funding of Phase I is already in place as part of the $6.2 million in revenue notes issued in July of 2017. Funding of subsequent phases will explore sources including capital financing/grants/SPIA funds. PROJECT: Culture Arts Preservation Enrichment (CAPE) Center Overview: Repurposing the old City Hall building as an accredited institution of Cultural Enrichment, with a focus on Public Engagement in all aspects of the Arts as well as the Promotion and Preservation of Cape Canaveral's history. Supporting culture and education is one of the tenets outlined by the residents in the City's Vision Statement. This project would fulfill that expectation and serve to address other ideals outlined during the visioning process, to include: • Create inclusive destination point • Entertain myriad of cultural interests • Engage multiple generations • Operate at a capacity that is purposeful year-round 29 • Create a sense of place • Celebrate the City's identity These goals would be achieved through the development of enrichment/educational programs, implementing a multifaceted public art program, promoting/preserving local history and hosting cultural events. Some of the possibilities include: ENGAGEMENT & PUBLIC EVENTS • Commerce & Culture Socials • Art Shows • Rotating Art Exhibits • Senior Field Trips • Public Art Program Center • Public History Program Center ENRICHMENT & EDUCATION • Art & Writing Classes • Historical Research Instruction • Cultural Lecture Series • Student Speaker Opportunities • Educator Networking Socials • Student Volunteerism PROMOTING & PRESERVING • Local Artifact Repository • Rotating Historical Exhibits • Youth History Fairs • Preservation Projects • Historical Site Registration • Public Archaeology Activities Timeline: On January 18, 2018, Staff reviewed 9 responses to RFQ 2017-01 for services related to the design and construction of the MGF. Architects RZK, Inc. from Cocoa was selected based on compliance with RFQ Instructions, Technical Expertise, Quality Control, Staff Credentials, Related Experience with Similar Projects, Location, Local Knowledge/Experience and Project References. Design, permitting, construction documents and interior demolition would be accomplished in FY 17/18. Exterior construction would be accomplished FY 18/19. Funding: Funding for the design/permitting/construction of the CAPE Center is already in place as part of the $6.2 million in revenue notes issued in July of 2017. PROJECT: W. Central Avenue/Thurm Avenue Streetscape Overview: The proposed project represents a complete street project for W. Central Boulevard and Thurm Boulevard, roads which together represent a major transportation corridor through the City. The total length of the two segments is 4,940 feet and includes the following notable components (See Attachment 1): • Street Improvements ($825k); • Construct an 8 -foot wide pedway where appropriate; • Construct 6 -foot wide sidewalks where appropriate; • Install pedestrian benches; • Replace concrete curbing where appropriate; • Mill and resurface W. Central Boulevard from Thurm Boulevard to Astronaut (5k sq.yds. per side); • Stripe roadway to include bicycle lanes in both directions; • Install solar -powered, LED -lighting along both sides of the roadway ($300k - 20 lights @ $15k/per); 30 • Sanitary Sewer Relocation in the W. Central Boulevard right-of-way ($180k); • Plant native vegetation "islands" ($80k); and • Misc. Striping, Signs, Upgraded Intersection Paving ($50k). The total cost as proposed is $1.435 million. This does not include engineering for plans, permitting, surveys, contingencies, etc. Please note this project is contained in the City's Capital Improvement Plan and is consistent with the City's Comprehensive Plan and the City's Vision Statement. In addition, the project is consistent with Resolution 2011-09, which the City Council adopted to establish a Complete Streets Policy. Timeline: The City Engineer is currently working on preliminary design/engineering documents in support of this project. Actual construction will occur once Impact Fees are paid, which happens at the time a Certificate of Occupancy is issued. Due to the scope of the hotel projects, this may not occur until sometime in FY 19/20. Funding: Funding for this project will be from an allocation of County Transportation Impact Fees being generated by several hotel projects in the City limits. City Staff recently appeared before the Brevard County Impact Fee Advisory Committee and received a favorable recommendation for funding. The recommendation now requires approval from the County Commission. Funding will be generated from three hotel projects, representing 525 rooms, which are currently moving through the City's development approval process. These include: • Dual Branded Hotel (116 room Hampton and 108 room Home2) located at 9004 Astronaut Boulevard; and • Springhill Suites (301 rooms) located at 8701 Astronaut Boulevard, west of the existing Radisson Hotel. Given the current County Transportation Impact Fee amount of $2,735/room, the listed hotel projects will generate $1.435 million in revenue. PROJECT: Central Avenue Streetscape Overview: This proposed project represents a phased complete street project for Central Boulevard from Astronaut Boulevard to Ridgewood Avenue. Phase 1 consists of E. Central Boulevard from Ridgewood Avenue to N. Atlantic Avenue. Phase 2 consists of W. Central Boulevard from N. Atlantic Avenue to Astronaut Boulevard. This is a significant east -west corridor through the City which connects the river and ocean sides of the City. The total length of the two segments is 5,100 feet and includes the following notable components (See Attachment 1): 31 • Street Improvements; • Construct pedways where appropriate; • Construct sidewalks where appropriate; • Install pedestrian benches; • Replace concrete curbing where appropriate; • Stripe roadway to include bicycle lanes in both directions; • Install solar -powered, LED -lighting along both sides of the roadway; • Plant native vegetation "islands" where appropriate; and • Misc. Striping, Signs, Upgraded Intersection Paving. The total cost is estimated to be $1.2 million. This does not include engineering for plans, permitting, surveys, contingencies, etc. The project is consistent with Resolution 2011-09, which the City Council adopted to establish a Complete Streets Policy. Timeline: The design work related to the 2 phases will be completed by the City Engineer and will occur in the FY18/19. Construction of Phase 1 may occur in FY 19/20 with Phase 2 in FY 20/21. Funding: Funding for this project may come from a variety of sources to include City General Funds, County Transportation Impact Fees or CRA funds. PROJECT: Cumberland Farms Pocket Park Overview: With the approval of Special Exception No. 2016-03, the City was granted an easement for construction of a pocket park at the south end of the Cumberland Farms project located at 9000 Astronaut Boulevard. The easement allows for signage, landscaping, public amenities (sidewalk, outdoor furniture, bike rack, water fountain or public art) and utilities. The City Engineer has prepared a concept site plan that indicates how the park may be laid out with a theme related to space exploration. Timeline: Final engineering of this park will occur in FY 18/19 with construction taking place in FY 19/20. Funding: This project is estimated to cost $30,000 and will be paid from General Fund and/or the CRA. PROJECT: Wagner Park Overview: This proposed park is located at 8817 N. Atlantic Avenue just south of Anchorage Avenue. The project represents the next step in the N. Atlantic Avenue Streetscape Project and 32 consists of additional hardscape, bike racks, a butterfly garden, permanent seating and a dog watering station. The property was donated to the City in December of 2016 by the owners of the Southgate Mobile Home Park, immediately to the west of the proposed park. The City Engineer has prepared a site plan that recognizes the pedestrian nature of N. Atlantic Avenue and its function of connecting the City and Port Canaveral. Timeline: This will be a phased project, with the Phase I occurring in FY 18/19 and consisting of hardscape improvements/colored concrete walkway and landscaping. Phase 2, occurring in FY 2019/20 will consist of benches, shade structures, public art, new crosswalk improvements and a dog watering station. Funding: Phase 1 and 2 will cost $40,000 and $60,000 respectively and will be paid from General Fund and/or the CRA. PROJECT: Long Point Estuary Park Overview: This proposed 7.9 acre park is located at the western end of Long Point Road and will include passive amenities. The property consists of 5 acres of forested wetlands and 3 acres of mangrove swamp and represents one of the last natural habitats in the City. Phase 1 of the project will consist of removing the invasive species. Phase 2 will consist of the actual improvements to the park including: • Installation of pre -fab restrooms; • Construction of a kayak dock; • Construction of elevated boardwalks; • Construction of a nature center/pavilion; and • Construction of educational kiosks around the property. Timeline: This is going to be a phased project, with Phase 1 (clearing of invasive species) occurring in the FY 18/19. Grant application for the proposed Phase 2 improvements will occur in FY 18/19 with construction occurring in FY19/20. Funding: Phase 1 costs will be funded through a $114,000 grant by the U.S. Army Corp of Engineers for purposes of the eradication of non-native plant species (primarily Brazilian pepper trees). For purposes of the grant, the City is matching the funding with $76,000. Also, funding will be augmented by a local developer who is in need of mitigation credits through the St. Johns River Water Management District. Funding of Phase 2 ($1.2 million) will be pursued through the Brevard County Tourist Development Council as well as grants from the Florida Inland Navigation District. 33 PROJECT: Community Survey Overview: On-line community surveys are a tool which permit the collection of relatively large quantities of data regarding citizen perspectives, at a relatively low cost. Moreover, they permit the establishing of baseline data and the tracking of trends through time. Well-designed surveys will permit the analysis and reporting not only of overall results, but results specific to given demographic groups such as by age, neighborhood, size of household, etc. The proposed Project entails: (1) the development, administration, analysis, and reporting of a Community Survey, and (2) a yearly Community Brainstorm Meeting to discuss Survey results. The purpose of the Survey will be to systematically gather and use the perspectives of the Community concerning matters of public interest over which City leaders have some reasonable level of control. Results from the Survey will be used by the City Council, City Manager, and City Staff as one source of input in the Strategic Planning process. It will also be used to gauge community reactions to current amenities and services and to potential quality of life projects. The survey will be constructed collaboratively by the Community Engagement Department and Dr. Tom Freijo, with input from all Department Directors. Dr. Freijo has considerable experience in developing, analyzing, and reporting survey results. The Community Survey will use SurveyMonkey as a platform and will be advertised by various means, as identified by the Community Engagement Director. Dr. Freijo will analyze the results and prepare a detailed report on survey results. The Project cost is approximately $4,000 per year, which includes the annual subscription cost of approximately $400 for the web -based service SurveyMonkey. (The SurveyMonkey subscription will permit the use of the technology for any other survey projects conducted by Community Engagement or other City Departments.) The remainder of the cost will be for developing (or updating) the Survey Questionnaire, results analysis and report preparation. The Community Survey will be administered yearly or every other year, as is deemed appropriate at the time. Timeline: The first Community Survey will be implemented during the April -August, 2018 timeframe. An approximate timeline is as follows: • April 1-15: Identify matters of interest for which Survey results will provide data • April 16-30: Design the Survey Questionnaire • May 1-31:Identify respondents and Survey dissemination venues • June 1- July 15: Gather Survey responses • July 16 -August 15: Analyze Survey results and prepare report • August 16-31: Disseminate report Funding: Cost of this project is anticipated to be $4,000 and will come from the Community Engagement Department budget. 34 APPENDIX D S.W.O.T. ANALYSIS 35 OVERVIEW OF S.W.O.T. ANALYSIS Strengths, Weaknesses, Opportunities, and Threats • Internal factors — The strengths and weaknesses internal to the organization. • External factors — The opportunities and threats presented by the external environment to the organization CAPE CANAVERAL STRATEGIC PLANNING PROCESS 2017 SWOT ANALYSIS RESULTS INTERNAL STRENGTHS 1. The City provides citizens a high quality of life, in terms of services, environmental stewardship, culture, recreation services, and other quality of life factors. The City provides a high level of services in a cost- effective manner. 2. The City Manager has facilitated the development of the City's administrative organizational structure, which can best be characterized as goal -oriented, innovative, committed to excellence, forward thinking, forward acting, and committed to teamwork. 3. The City is financially sound. It has a healthy cash flow and revenue stream to support its core operations. 4. There is effective communication with citizens, businesses, and other governmental agencies in the area. This communication is characterized by easy access and transparency. 5. The City has a commitment to employees, reflected in matters such as merit increases, gift certificates, and a number of other programs that demonstrate to employees that they are valued, respected, and appreciated. The City seeks to meaningfully reward employee excellence. 6. The City is committed to the sustainability of its infrastructure, consistently following a schedule of upkeep and improvement. 7. The City has developed strong, positive working relationships with other governmental agencies, such as: Port Canaveral, Cocoa Beach, Brevard County Government, Brevard Public Schools, Cape View Elementary School, Cocoa Beach Regional Chamber of Commerce, the Economic Development Commission of the Space Coast, the Brevard County Sheriffs Office, and the Florida Department of State. In addition, there are equally strong partnerships with community organizations such as the Brevard County Historical Commission, Florida Public Archeology Network, Brevard Cultural Alliance, Florida Division of Cultural Affairs, Florida Division of Historical Resources and the Museums of Brevard. Cooperation between the City and these agencies allows for sharing resources so citizens receive a high level of services delivered in an economical manner. 8. The City places a premium on employee professionalism and strives toward a culture characterized by professionalism and integrity. Professional development — both internal on-going development and external development through conferences, formal training, etc. — is interwoven into the City's fabric. 9. The City has a service-oriented culture, which includes responsiveness to customers and between individuals and departments within the City. The City places great emphasis and high value in assuring that it has the public's trust and confidence. 10. The City, as an organization, places a premium on diversity. 11. The City recruits talented people and assembles work teams that enjoy positive and productive "chemistry." 12. The City has a strong community and neighborhood engagement process. 13. The City is highly committed to sustainability. 14. The City has a reputation of being innovators. 37 INTERNAL WEAKNESSES 1. Historically, the City has had a restrictive City Code, which has limited development/growth opportunities. 2. There is a need to further develop in-house leadership capacity at all levels within the organization. This includes fostering a culture of authentic, clear, and direct communication. 3. The AlA north -south orientation separates the community into two separate districts. 4. The City lacks a dedicated staffed/equipped multi -generational facility. 5. The City has no true downtown. EXTERNAL OPPORTUNITIES 1. The City could leverage/increase the ad valorem tax rate to construct community -desired amenities. 2. The City could foster the creation of a properly scaled mixed-use area contiguous to the new City Hall Plaza, extending 3 to 4 blocks to the east. 3. The City is well-positioned to create a formalized environmental awareness opportunity that would cater to ecotourism. 4. The City could encourage the redevelopment of underutilized property in the City to its highest and best use. 5. The City is well-positioned to leverage its location and develop its amenities to become a widely recognized model of sustainability. 6. The City is well-positioned to evolve into a healthy, active -lifestyle community. 7. The City could take steps to diversify the local economy. EXTERNAL THREATS 1. Particularly due to its waterfront location, the City is subject to the impacts of storm surge; flooding; hurricanes; and the consequences of climate change, such as sea level rise. 2. The City lacks a cohesive business community (i.e. chamber of commerce, merchants' association, service clubs, etc.) that is committed to and engaged in community improvement. 3. The City has an overreliance on the Port as an economic engine. 4. The City has a number of "substandard" transient vacation/rental properties. 5. Due to the transient nature of the City's population, the resultant demographics lead to a lack of involvement in civic affairs among citizens of the community and foster apathy which have a negative impact on civic engagement and advisory board composition. 6. Political detractors in the community are in the minority, but consume an inordinate amount of organizational capacity; miscommunication or inaccurate communication is a drain on limited resources. 7. There is division within the community with regard to the desired vision — no change versus a desire to explore possibilities. 8. There is a failure to embrace on-going societal and generational changes and opportunities related to being an inclusive community. 38 9. The City has some upscale communities that are self-contained and provide a broad range of amenities. Often the residents, consequently, see no need for engagement in or support of the larger community. 10. The City must cope with unfunded state and federal mandates, and the usurping of home rule. 39 APPENDIX E VISION STATEMENT 40 THE SPACE BETWEEN Cape Canaveral Vision Statement We envision: A bikeable and walkable Cape Canaveral that retains and enhances its welcoming residential feel, characterized by low-rise buildings. This residential and business friendly atmosphere is a livable, attractive, safe, inclusive and sustainable coastal community that embraces the oceanside and riverside as the main amenities, and supports and promotes local tourism, culture, recreation, commerce, municipal civic interests and education. We envision: A City network of "complete streets" with a native -landscaped and tree -lined median with traffic calming elements and dark -sky street lighting. "Complete street" amenities include bicycle facilities, covered transit stops and safe pedestrian crossings that invite pedestrians and bicyclists to access the beach, river, local neighborhoods and adjacent communities. Our improved "complete streets" will allow us to travel calmly to intimate waterfront destinations and a walkable uptown core. Multi -use paths lined with shade trees should be wide enough for bikes and pedestrians and lighted so anyone can walk or bicycle safely anywhere in town, day or night. We envision: Welcoming community entrance features that create a sense of arrival and unique community identity as The Space Between. The "uptown" and other areas will contain an architecturally rich and unique mix of uses, with wide tree shaded sidewalks and umbrella covered cafe tables at restaurants and bistros where friends gather, interact and enjoy drinks and dinner. We envision: An engaged and compassionate community that; removes or transforms blighted and unfinished buildings into attractive structures, offers city-wide green spaces, provides a pet -friendly park with ample shade, acts progressively but deliberately and actively recruits and supports businesses that enhance economic viability and serve our residents and visitors with goodwill. We envision: Open shorelines and rivers accessible to the public including amenities that take advantage of the water, such as limited and quaint water -view establishments and intimate public gathering and entertainment places that may include pavilions, gazebos or a performance stage. 41 Attachment 2 CAPE CANAVERAL CITY COUNCIL STRATEGIC PLANNING RETREAT TO SET FISCAL YEAR 2018/2019 GOALS Radisson Resort at the Port 8701 Astronaut Boulevard, Cape Canaveral, Florida 32920 Wednesday March 28, 2018 10:30 A.M. —3:00 P.M. MINUTES Retreat Facilitator Dr. Tom D. Freijo opened the Retreat at 10:31 A.M. Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond , City Staff Present: City Manager David L. Greene City Attorney Anthony Garganese (10:59 A.M.) City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Building Official. Michael German Capital Projects Director Jeff Ratliff City Engineer John Pekar City Manager's Executive AssistantLisa Day Community Development Director David Dickey Community Engagement/Deputy PWS Director Joshua Surprenant Cultural Programs Manager/Staff Historian Molly Thomas Culture and Leisure ervices Director Gustavo Vergara Deputy City Clerk Daniel LeFever Deputy Finance Director Melinda Huser Economic Development Director Todd Morley Human Resources/Risk Management Director Jane Ross Public Works Services Director Ralph Lotspeich Retreat Facilitator Dr. Tom D. Freijo WELCOME/INTRODUCTIONS/AGENDA REVIEW: Dr. Freijo welcomed everyone with a brief set of remarks detailing the Agenda,reasons for/purpose of the Retreat,his role as Facilitator, City of Cape Canaveral, Florida City Council Strategic Planning Retreat To Set Fiscal Year 2018/2019 Goals March 28, 2018 Page 2 of 6 the open, respectful nature expected of the planned discussions and the roles of Council, City Manager and Staff. STRATEGIC PLANNING PROCESS REVIEW: Dr. Freijo explained the cyclical nature of the Strategic Planning process and necessity for it to be continuous with regular goal updates. REVIEW 2017/2018 GOAL ACCOMPLISHMENTS: City Manager Greene presented the status of 2017/2018 Goals and Objectives from last year's Strategic Planning Retreat: Canaveral City Park and the Multi -Generational Facility — The presentation included supporting a large, underserved segment of the community with this project, utilizing community engagement, an Attorney General's Opinion encouraging cities to revisit the consultant hiring process, positive negotiations and accommodations from the selected architectural/engineering firm, Phase II of the project including a splash pad, beginner/intermediate skate park and rope -climbing course, already -acquired $6.2 million loan with a 2.05% interest rate, advantageous nature of the interest rate, incurring debt now rather than later with anticipated higher interest rates and construction costs in the future, this style of financing being good public policy if managed properly, a bicycle/pedestrian-friendly parking area, the $10 million total cost of Phases I and II and the possibility of acquiring future grant funding. Culture Arts Preservation and Enrichment (CAPE) Center — The presentation included Cultural Programs Manager/Staff Historian Thomas' appointment as Chair of the Brevard County Historical Commission, old City Hall revisited as a culture/arts facility through community engagement and arts/crafts displays, the City obtaining a weathered, historic dugout canoe from the 17th century that will be displayed first in the new City Hall's Community Artifacts room then moved to the CAPE Center when ready, the $1+ million cost of the CAPE Center project, the planned campus setting tying together the CAPE Center, new City Hall, Canaveral Precinct and the Public Library, providing a place for City residents to overcome the divide caused by State Road A1A splitting the City in half, a split that causes difficulties for pedestrians, bicyclists and motorists, bringing together the Oceanside, Riverside and "The Space Between," City investing in itself encouraging others to invest in the City to work, live, play and raise a family and the City delivering on promises. Inspiration & Whimsy Parks — The presentation detailed sculpture display programs, creating these parks for future generations, sustainability, being mindful of the environment and climate change, the affordable nature of these parks, the goal of September/October for going out for construction bids, the current timeline including one year for planning and one year for construction, creating a more visible identity for the City through signage to differentiate from Cocoa Beach, Avon by the Sea and the Port, taking advantage of a marketing niche in the City that favors smaller, "mom & pop" business and professional offices and Staff's continued progress during the recent absence of the City Manager. City of Cape Canaveral, Florida City Council Strategic Planning Retreat To Set Fiscal Year 2018/2019 Goals March 28, 2018 Page 3 of 6 Polk Avenue Streetscape — City Manager Greene briefly touched on the Streetscape providing an idyllic area for small shops, artisans and craftsman to live, work and create in connection with the area of government complexes. Cherie Down Park — The presentation included continuing to work with the County and School Board in acquiring the Park, being hampered by a leadership void in those organizations, efforts to couple Community Redevelopment Area (CRA) negotiations with acquisition of the Park, the deplorable current state of the facilities, the need to make the Park something the City can be proud of, capturing operational funds through charging "out of town" visitors and tourists for parking whilst keeping it free for City and County residents and retaining County funding for lifeguards at the Park. Council Discussion — Dr. Freijo opened the floor for Council to comment/discuss. Discussion included improvements to the overall look of the City over the past five years, more engagement from residents, the tide clock at City Hall, parking concerns at Canaveral City Park in regards to the Multi -Generational Facility, history of housing developments constructed close to existing public properties, encouraging more walking/biking in lieu of driving, bringing people out of their gated communities to be more involved, safety improvements for pedestrians on A1A to include crosswalks, median safe havens and lowered speed limits, the City following the same process for site plan reviews as private developers, future of City athletics leagues and spreading recreation activities between the Multi -Generational Facility, CAPE Center and existing Nancy Hanson Recreation Complex. Council reached consensus for parking concerns to be addressed in regards to the Multi -Generational Facility. Other transportation options as an alternative to driving and re-evaluating parking space Code requirements were discussed as ways to address the concern. Discussion moved to the CAPE Center and included the historic dugout canoe from the 17th Century, sharing parking with the Canaveral Precinct and the project being part of Phase I with the Multi -Generational Facility. Council comments on Inspiration & Whimsy Parks included discussion of a dilapidated building that will form the basis of Inspiration Park, a cost/benefit analysis of redeveloping the lot versus becoming a public park, overall vision for Polk Avenue, beach access points throughout the City, legal/court actions of the building's owner and history of the City's Code enforcement and lien actions against the owner. Council reached consensus for other potential uses of the property be examined in regards to possible revenue streams. Further discussion continued in relation to the Polk Avenue Streetscape including the long-term nature of the project, initially extending pavers to the Poinsetta Avenue intersection once the CAPE Center is completed, gradual phasing of the project, parking, landscaping, solar lighting, benches, plug-in areas to charge devices, feeding off the location of governmental complexes, not using eminent domain and working with property owners if easements are needed. Dr. Freijo asked for comments on Cherie Down Park, leading to discussions of how the Park would be renovated, construction of new facilities, rentals of beach items, use of facilities for educational and private events, creation of a more engaging/welcoming environment than what currently City of Cape Canaveral, Florida City Council Strategic Planning Retreat To Set Fiscal Year 2018/2019 Goals March 28, 2018 Page 4 of 6 exists, garnering political support to extend the existing lease with the School Board, convoluted history of the Park's ownership between the County and School Board and using Cherie Down Park to integrate activities from the City and Cape View Elementary. REVIEW PROPOSED GOALS FOR 2018/2019: Mr. Greene detailed upcoming projects such as future phases of the Canaveral City Park Redevelopment; completion and operation of the CAPE Center; Central/Thurm Boulevard Streetscapes and associated funding from impact fees, the need to seize opportunities for streetscapes as recent County and Space Coast Transportation Planning Organization actions favor the lobbying efforts of larger municipalities, use of the City Engineer in developing plans for future streetscapes, coordinating with Florida Power & Light to implement brighter, more energy efficient streetlights, working with property owners to secure access to streets; Cumberland Farms pocket park, CRA -eligible areas; Wagner Park, named for the owners of Southgate that donated the land to the City; Long Point Estuary Park, establishing a low -impact boardwalk to allow access to the lagoon and an Annual Community Survey to determine resident opinions. Council discussed the following proposed Goals: West Central Boulevard/Thurm Boulevard Streetscapes — Items discussed included hotel projects generating impact fees, ensuring impact fees stay in Cape Canaveral, adjacent neighbors to the hotel projects, history of a proposed assisted living facility in the area, working with private road ownership to benefit the public and traffic concerns including the dangerous nature of the Central Boulevard/A1A intersection. Discussion focused on A1A, including crosswalks needed in the north end of the City and near bus stops, lowered speed limits would decrease severity of pedestrian injuries, future redevelopment increasing traffic density, Florida Department of Transportation (FDOT) traffic flow priorities in conflict with the City's pedestrian -safety concerns, the cost of pedestrian overpasses installed elsewhere and lack of use when implemented, encouraging businesses to create connecting routes to allow for avoiding AIA, dedicated lighted crosswalks and lack of follow-through from property owners and FDOT in regards to mitigating safety concern Central Boulevard Streetscape — St desribed the project as similar in scope to the Ridgewood Avenue Streetscape with the addition of fully -featured medians and the concept of all current and future streetscapes interconnecting throughout the City. Cumberland Farms Pocket Park — Council discussion included a resident's idea to construct a replica of the historic Cape Canaveral lighthouse and incorporating City -specific historic touches in addition to the proposed space theme. Wagner Park — The Park's location and status of ownership were confirmed. Long Point Estuary Park — Council and Staff discussion included the history of the area, comments from residents at prior City Council Meetings, returning the area to "Natural Florida", the restricted -access nature of the proposed boardwalk to provide for safety, Staff efforts on this project over the past two years, concerns of the area's history in regards to past dumping and City of Cape Canaveral, Florida City Council Strategic Planning Retreat To Set Fiscal Year 2018/2019 Goals March 28, 2018 Page 5 of 6 mosquito ditches, the involvement of the U.S. Army Corps of Engineers, a private developer in Cocoa using the proposed project as part of mitigation for another project, concerns of Long Point residents and the importance of community involvement. Community Survey — Discussion included the cost-effective nature and purpose of the proposed survey, comparisons with alternate forms of surveys, how the survey would relate to the Visioning, access to computers for City residents and efforts to assist older residnts with utilizing online resources. SWOT ANALYSIS: Dr. Freijo explained the history of the identified Strengths, Weaknesses, Opportunities and Threats (SWOT) facing the City and asked if Council had any comments or questions. Council reached consensus to broaden the "Threats" to include storm surges, flooding, sea level rise and hurricanes. Further discussion focused on Code enforcement in the City and included results from enforcement efforts in some situations, balancing property owner rights with reasonable enforcement, dilapidated structures, effectiveness of the Code Enforcement Board, possible use of a hearing officer to streamline the process, dealing with repeat violators, use of verbal warnings versus written notices, existing efforts to educate violators, a beach lifestyle mentality sometimes at odds with enforcement and upcoming efforts to update the Code to provide Staff with more tools in the course of enforcement. VISION/GOALS AFFIRMATION: Dr. Freijo presented the Vision Statement. Discussion ensued and included affirming the projects are consistent with the City's Visioning, recent City Resolution for FDOT to study and improve AIA, Cocoa Beach's appreciation for Cape Canaveral's Resolution, history of speed limit changes in Cape Canaveral and Cocoa Beach, no changes to the Statement necessary at this time, maintaining completed projects, possibly revisiting the Statement in a decade or more after projects are completed, the five-year Capital Improvement Plan, further communication of the City's Visioning to residents, creating a distinct identity for the City, engaging year-round and seasonal residents and standing up for what the City and its residents want. NEXT STEPS DISCUSSION: Coun - and Staff comments ensued and included funding for the proposed projects, neighborhood planning, future of hotel projects in the City, accommodating recreation events with new City facilities, A1A concerns, additional funding for future projects and future phases of current projects, petitioning Space Coast Transportation Planning Organization and the County for additional funding and highlighting the importance of Canaveral City Park. Staff will continue moving forward with new projects and future Strategic Planning meetings. Council reached consensus for pedestrian safety and other improvements to A1A be "Priority #1" in the City. Further discussion noted the importance of the 5 -year Capital Improvement Plan detailing locations of sidewalks and other mobility improvement projects. MAYOR HOOG PRESIDES: Mayor Hoog called the Meeting to order at 2:49 P.M. Consensus from Council to take action at a future City Council Meeting to follow-up, discuss and set goals for Fiscal Year 2018/2019. City of Cape Canaveral, Florida City Council Strategic Planning Retreat To Set Fiscal Year 2018/2019 Goals March 28, 2018 Page 6 of 6 PUBLIC COMMENT: Arlyn DeBlauw, 8931 Lake Drive, discussed his experience with disagreements in a meeting setting, the City being on the right track in regards to the 2009 Visioning, lack of effectiveness of pedestrian walkovers implemented elsewhere, reducing speed limits, the status of the International Drive/North Atlantic Avenue intersection realignment, FDOT prioritizing/initiating more recently -submitted projects in other municipalities, bike paths, maintaining current parking space sizes and concerns regarding crosswalk signals. There was no further public comment. WRAP UP AND ADJOURNMENT: Council discussed an upcoming lecture on transportation at Florida Institute of Technology. There being no further business, Mayor Hoog adjourned the Retreat at 2:57 P.M. Daniel LeFever Deputy City Clerk Bob Hoog, Mayor From: Wes Morrison Sent: Wednesday, May 02, 2018 2:05 PM To: David Greene Cc: Mia Goforth; David Dickey; Anthony Garganese Subject: Discussion Item for May 15th Agenda Attachments: City Council Agenda Discussion Item -Sec 14 -28 -May 15, 2018 Meeting.pdf Hi David, I am looking forward to our meeting tomorrow. Please see the attached document regarding the next City Council Meeting. Thank you, Wes Morrison City Council Member w.morrison@,cityofcapecanaveral.org 321-593-2335 cell 321-868-1248 fax 105 Polk Avenue. P.O. Box 326 Cape Canaveral, FL 32920 www. cityofcapecanaveral.org Launch your connection... Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Council Member Wes Morrison City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 (321) 593-2335 w.morrison@cityofcapecanaveral.org Wednesday, May 2, 2018 David Greene City Manager, City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 Hello David, I hope this finds you doing well and I look forward to the next City Council Meeting, where I would like to discuss City Code of Ordinances Sec. 14-28 Sec. 14-28. Animals prohibited in parks and on beaches with our Mayor and Council to consider taking actions. Please add this Agenda Item as described on the following page to the 6:00 pm Regular Meeting on May 15, 2018. After receiving requests and consideration, I believe a general discussion amongst the Council is timely and appropriate. Please let me know if you have any questions, comments or concerns. Sincerely, Wes Morrison Wes Morrison Council Member City of Cape Canaveral Cc: City Clerk, Mia Goforth Community Development Director, David Dickey City Attorney, Anthony Garganese City of Cape Canaveral 110 Polk Avenue Cape Canaveral, FL 32920 Phone (321) 593-2335 www.cityofcapecanaveral.org e-mail: w.morrison@cityofcapecanaveral.org City Council Agenda Item City Council Meeting Date: 5/15/2018 Time: 6:00 PM Subj ect: Policy discussion related to City Code of Ordinances Sec. 14-28- Animals prohibited in parks and on beaches. Summary: Over the past several months, questions and comments about the City of Cape Canaveral Ordinance on prohibiting leashed pets (except service dogs) on the beach has become a frequent and important discussion. This particular issue is one that the public, council, staff, and neighboring communities are familiar with, especially with recent media attention. This issue has been heightened from our residents at previous meetings and events, with phone calls, emails, public comments, letters and posts on social media outlets. A notable example was recently shown in the Facebook Group named "Cape Canaveral by the Sea", where an estimated 60% of the 5000 members have engaged in 34 separate discussion threads about "Dogs on the Beach", generating 749 comments on the topic since 2015. Our public is depending on this Council to continue the discussion since the last public Regular Council Meeting addressing it on the Agenda was in 1971 according to my research. Proposed Discussion Questions: 1.) Does the Council have enough information to state a position on the current policy? 2.) Does the Council want to obtain more information to consider amending the policy? 3.) What information would the Council need to review to consider amending the policy? 4.) Would the Council like to direct the City Manager and Staff to conduct research? 5.) When would we like to review the research findings for further discussion? Goal: After the Mayor and our Council has the opportunity to publicly discuss with one another regarding the City Code of Ordinances Sec. 14-28- Animals prohibited in parks and on beaches, we will identify a next step which can be determined by the proposed discussion questions above. Any views, opinions or other matters expressed in this correspondence are my own, and I do not claim to represent the City of Cape Canaveral Mayor, remaining Council Members, Advisory Boards or City Staff. 110 Polk Avenue Cape Canaveral, FL 32920 Phone (321) 593-2335 www.cityofcapecanaveral.org e-mail: w.morrison@cityofcapecanaveral.org