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HomeMy WebLinkAboutcocc_council_mtg_packet_20190416 CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA April 16, 2019 6:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS/INTERVIEWS: 6:05 p.m. — 6:15 p.m. Presentation of National Kindness Symbol Proclamation to Tropical Elementary School teacher Barbara Wilcox and students from Tropical Elementary School "Tropical Kingdom"TK-1. Presentation of Proclamation recognizing the efforts of the Children's Home Society of Florida to Kenneth Parks, Distinguished Gifts Manager, Children's Home Society of Florida. PUBLIC PARTICIPATION: 6:15 p.m. 6:25 p.m. 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. CONSENT AGENDA: 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for March 19, 2019 City Council Regular Meeting. 2. Resolution No. 2019-07; authorizing the execution of the Community Aesthetic Feature Agreement with the State of Florida Department of Transportation;providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2019-08; reappointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jalinda Coudriet) City of Cape Canaveral,Florida City Council Meeting April 16, 2019 Page 2 of 2 PUBLIC HEARINGS: 6:30 p.m. 6:40 p.m. 4. Ordinance No. 08-2019; changing the Zoning Map Designation of certain real property generally located at 8550 Astronaut Boulevard in Cape Canaveral, Florida, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-2 Commercial/Manufacturing" to "PD Planned Development" subject to the Land Use Plan approved by the City Council in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading. (Tom C. Hermansen/Cape Canaveral Joint Venture, Applicant/Owner) 5. Ordinance No. 09-2019; amending Section 110-28 of the City Code related to Due Process and Special Local Notice Requirements for certain zoning hearings; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. REPORTS: 6:40 p.m. 6:50 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 x207 or x206) 48 hours in advance of the meeting. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation of National Kindness Symbol Proclamation to Tropical Elementary School teacher Barbara Wilcox and students from Tropical Elementary School "Tropical Kingdom" TK-1. Department: Community Services Summary: The TK-1 class of Tropical Elementary School in Merritt Island, also known as "Tropical Kingdom", has been working on multiple Kindness projects throughout the current school year. One of these projects is an effort to create a National Symbol of Kindness, pictured below. Figure 1 -Kindness Symbol In order to have this symbol declared as the National Symbol of Kindness, it needs at least 100,000 online petition signatures. The online petition currently has 3,066 signatures from all 50 states, Washington D.C., Ireland, United Kingdom and Puerto Rico (as of April 4, 2019). In February 2019, City Staff was made aware of this initiative and reached out to Barbara Wilcox,teacher of the Tropical Kingdom class responsible for the National Symbol of Kindness project, to offer assistance in promoting the online petition and kindness movement within the City of Cape Canaveral. The idea of kindness aligns with the City of Cape Canaveral Vision Statement and both the organizational and Council values, so to assist Tropical Kingdom's efforts, Staff has created a Proclamation (Attached) and is promoting this movement through social media, the City Hall LED marquee, a City Hall petition station, during activities at Cape View Elementary and at City events. One such City event engagement idea is to create a kindness paper chain. Each branded link will be stamped with the City Seal and Kindness Symbol before/after individuals write a personal word or statement related to kindness. The links will be connected together, and the resulting kindness paper chain will be hung in the City Hall. Staff's goal is the paper chain grows long enough to circle the entire space! Additional links will be mailed to various agencies, schools and groups around the World in an effort to raise awareness of the online petition and to spread kindness.Mailed links will serve as the building blocks of other paper chains, and with that,this movement will reach all corners of the globe. City Council Meeting Date: 04/16/2019 Presentations/Interviews Page 2 of 2 The City of Cape Canaveral welcomes the idea of the National Symbol of Kindness project, and hopes that all 10,000+ residents and 1 million+ visitors are willing to sign the petition and commit to making this world a kinder place... "Because that's what kindness is. It's not doing something for someone else because they can't, but because you can."-Andrew Iskander Submitting Department Director: Joshua A. Surprenant Date: 4/8/19 Attachment: • Proclamation Additional Information: • Together Kind Website: www.togetherkind.com • Change.org Petition for the Kindness Symbol: httn://chng.it/LvjM6xJwKm • Together Kind Facebook Page: www.facebook.com/kindtogether Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/8/19 The City Manager recommends that City Council take the following action: Present National Kindness Symbol Proclamation to Tropical Elementary School teacher Barbara Wilcox and students from Tropical Elementary School "Tropical Kingdom" TK-1. Approved by City Manager: David L. Greene Date: 4/9/19 [CITY SEAL] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, there is a need in our schools, our communities, our nation and our world for more kindness; and WHEREAS, the City of Cape Canaveral, through its Vision Statement and Values, envisions itself as an engaged, compassionate and inclusive Community that supports and promotes local tourism, culture, kindness, recreation, commerce, municipal/civic interests and education; and WHEREAS, the Tropical Kingdom (TK-1) from Tropical Elementary School, Merritt Island, Florida, believes that helping others become aware of kindness will generate more kindness; and WHEREAS, the Tropical Kingdom determined having a symbol for Kindness would help make people more aware of kindness in their everyday lives; and WHEREAS,in a vote held by the Tropical Kingdom,983 people from 25 states, as well as England and Ireland,voted 52%to select the Kindness All Around Symbol as the official symbol of Kindness. NOW, THERFORE,be it resolved the City of Cape Canaveral proclaims the KINDNESS SYMBOL become the official symbol of Kindness. We encourage all parents, students, community members, residents and visitors of the City of Cape Canaveral to use and promote this symbol of Kindness from this day forward. Mayor Pro Tem Council Member Council Member Council Member Signed and Sealed this [blank] Day of [blank] [blank] Mayor [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation recognizing the efforts of the Children's Home Society of Florida to Kenneth Parks, Distinguished Gifts Manager, Children's Home Society of Florida. Department: Legislative Summary: The Children's Home Society of Florida (CHSFL) was founded in 1902 as an orphanage in response to a growing population of abandoned and homeless children in the Jacksonville area. Ever since then, CHSFL has continued to grow and evolve statewide to provide the right services and solutions to address the needs of children and families throughout changing times, to help them realize their full potential. The CHSFL Space Coast Region works in our community with a long-term goal of ending foster care in its current form by keeping more families safe and strong, allowing chances to succeed for those suffering poverty and related struggles. The City was contacted by Kenneth Parks, Distinguished Gifts Manager for CHSFL, in March 2019 with a request to make a brief presentation to City Council.Mr. Parks would like to discuss the launch of a new Space Coast Transformation Network Team, charged with promoting local awareness, support and understanding in an effort to keep the Space Coast Region strong. Submitting Director: Mia Goforth Date: 4/9/19 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/19 The City Manager recommends that City Council take the following action: Present Proclamation to Kenneth Parks, Distinguished Gifts Manager, CHSFL. Approved by City Manager: David L. Greene Date: 4/9/19 [CITY SEAL] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, the Children's Home Society of Florida, CHSFL, first opened its doors on November 17, 1902, as an orphanage, to provide a safe home to the growing population of abandoned and homeless children in Jacksonville, thus solving a societal challenge; and WHEREAS, CHSFL has launched its new Space Coast Transformation Network Team, charged with promoting local awareness, support and understanding that is needed to keep the local Space Coast Region strong; and WHEREAS, CHSFL Space Coast Region is working to end foster care as we know it by keeping more families safe and strong by building bridges to success that will allow those suffering poverty and related struggles to reach their full potential; and WHEREAS, along Florida's Space Coast, CHSFL strives to achieve these goals through Early Head Start for infants through three-year-olds; targeted case management for those struggling with mental health challenges; family and individual counseling and a model program at Endeavour Elementary Community Partnership School, Cocoa,that is the first of its kind in the U.S. NOW, THERFORE, the City of Cape Canaveral, in conjunction with April 2019 being National Child Abuse Prevention Month, does hereby recognize CHILDREN'S HOME SOCIETY OF FLORIDA and its Space Coast Region for building bridges to success for children and their families, so that they may realize their full potential and, thereby improve the future of our community, its economy and workforce. Signed and Sealed this [blank] Day of [blank] [blank] Mayor Item No. 1 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral,Florida TUESDAY March 19,2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:02 PM. Council Member Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese Deputy City Clerk Daniel LeFever Community Development Director David Dickey Community Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Michael Green Canaveral Fire Rescue Assistant Chief/Fire Marshal John Cunningham PUBLIC PARTICIPATION: Dina Reider-Hicks, representing Waste Management Inc., urged Council to consider a shorter renewal term for the City's agreement with WastePro of Florida,Inc. CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion. Council Member Morrison removed Item Nos. 4 and 5. 1. Approve Minutes for February 19, 2019 City Council Regular Meeting. 2. Resolution No. 2019-01; modifying and updating the City's list of State Road AlA Improvement Priorities: requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road AlA located within the City of Cape Canaveral: providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2019-06: endorsing the East Coast Greenway route through the City of Cape Canaveral, Florida: providing for the repeal of prior inconsistent resolutions, severability_ and an effective date. City of Cape Canaveral,Florida DRAFT City Council Regular Meeting March 19,2019 Page 2 of 4 4. Approve the Unsafe Building Compliance and Code Lien Satisfaction Agreement for property located at 305 Surf Drive and authorize City Manager to execute same. 5. Approve renewal of Solid Waste Agreement with Waste Pro of Florida, Inc. for an additional five (5) years. A motion was made by Council Member Randels, seconded by Council Member Raymond, for approval of Item Nos. 1,2 and 3. The motion carried 5-0. #4 Discussion ensued and included history of City Code Enforcement liens on the property, hard and soft costs, duties and responsibilities of the property's buyer, amount of lien reduction versus funds already expended by the City,Wells Fargo having priority over the City on recouping funds if another option is taken, benefits to both the neighborhood and the City as a whole, the City cutting losses in an effort to remedy a long-standing issue,further degradation of the property and additional costs to the City if agreement is not accepted,projected timeline of events,previous incidents of Code Enforcement lien reductions and setting precedents,planned use of a magistrate to provide for a more effective Code Enforcement process and recent revisions to the agreement that provide a stronger benefit to the City. A motion was made by Council Member Randels, seconded by Council Member Raymond,for approval of Item No.4.The motion carried 4-1, with Council Member Morrison voting against. #5 Discussion ensued regarding facility tours provided by Waste Management, no notable complaints regarding WastePro from Council Members or City residents, future waste collection changes and costs,possibility of 12-30 month renewals rather than five years,reevaluating service providers during the next renewal process,WastePro's excellent service to the City,post-hurricane clean-up efforts, the City being the first in Brevard County to contract with WastePro, positive actions taken by WastePro when initial agreement was signed in 2009 and terms of the Agreement allowing for termination for performance reasons. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Randels, for approval of Item No. 5 as written. The motion carried 4-1,with Council Member Morrison voting against. PUBLIC HEARINGS:Mayor Hoog detailed a request from the Applicant for Item No. 9 to move the Item to the beginning of Public Hearings. Council reached consensus to hear the Item first. 6. Ordinance No. 08-2019: changing the Zoning Map Designation of certain real property generally located at 8550 Astronaut Boulevard in Cape Canaveral, Florida, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-2 Commercial/Manufacturing" to "PD Planned Development" subject to the Land Use Plan approved by the City Council in conjunction with this Ordinance:providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. (Tom C. Hermansen/Cape Canaveral Joint Venture,Applicant/Owner): City Attorney Garganese read the title into the record. Mayor Hoog, Mayor Pro Tem Brown and Council Member Morrison disclosed they had spoken with Mr. Hermansen prior to the Hearing. Discussion ensued regarding requirements for quasi-judicial hearings. Mr. Hermansen addressed Council regarding discussions with Council and City Staff,history of the property, efforts to find tenants to fill the entire structure,feasibility in converting part of the property to air-conditioned self-storage, strong demand for and lack of available air-conditioned self-storage facilities in the area, property not currently zoned for self-storage after a 2010 City Zoning Map change, lower parking space City of Cape Canaveral,Florida DRAFT City Council Regular Meeting March 19,2019 Page 3 of 4 requirements for self-storage facilities and efforts for a signalized intersection at State Road AlA and Thurm Boulevard. The Public Hearing was opened. There being no comment, the Public Hearing was closed. Council discussion ensued and included the need to utilize and fill empty buildings,history of manufacturing facilities in the City,a reduction in parking spaces could allow for outparceling other portions of the property,how said outparcels could be utilized,the physical shape of the City's landmass skewing demographic studies for businesses and a firm desire for no parking garages to be built on the site. A motion was made by Council Member Randels, seconded by Council Member Morrison, for approval of Ordinance No. 08-2019 at first reading. The motion carried 5-0. 7. Resolution No. 2019-02: adopting the City of Cane Canaveral, Florida Wastewater and Stormwater Facilities Plan: authorizing the submittal of the Plan to the Florida Department of Environmental Protection: providing for the repeal of prior inconsistent resolutions, severability and an effective date: City Attorney Garganese read the title into the record. Discussion ensued and included immense efforts by City Staff and contractors in preparing the Plan, the City continuing to take a proactive stand on stormwater and wastewater improvements, how adopting this Plan is a requirement of the City's State Revolving Fund Program loans and ad valorem funds are not used for stormwater and wastewater items. The Public Hearing was opened. There being no comment,the Public Hearing was closed. Discussion continued and included the thoroughness of the Plan and confidence in the City's ability to accomplish its goals. A motion was made by Council Member Morrison,seconded by Mayor Pro Tem Brown,for adoption of Resolution No. 2019-02. The motion carried 5-0. 8. Ordinance No. 06-2019:relating to the State Revolving Fund Program:pursuant to Section 2.12(51 of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed six million five hundred thousand dollars for purposes of funding certain wastewater and stormwater improvement projects: authorizing the loan agreement(sl: establishing pledged revenues: designating authorized representatives: providing assurances: providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading: City Attorney Garganese read the title into the record. Discussion ensued and included prior wastewater and stormwater improvements, environmental benefits, investing in the future, focusing on the long-term and the City's successful rate of accomplishments. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels, seconded by Mayor Pro Tem Brown,for adoption of Ordinance No. 06-2019 at second reading. The motion carried 5-0. 9. Ordinance No. 07-2019:relating to the State Revolving Fund Program:pursuant to Section 2.12(51 of the City Charter amending Ordinance No. 01-2013 to increase the total authorized loan amount by an additional eight hundred thousand dollars for purposes of funding certain pending wastewater and stormwater improvement projects: providing for the full force and effect of Ordinance No. 01-2013 as amended herewith, repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading: City Attorney Garganese read the title into the record. Discussion ensued and included the additional funds piggy-backing on terms of existing loan, construction history of the Wastewater Treatment Plant/Water Reclamation Facility, upkeep and improvements, benefits to the Indian River Lagoon system, items the City has accomplished in decades past only now being tackled by other municipalities and jurisdictions and exfiltration projects diverting stormwater away from the Lagoon. The Public Hearing was City of Cape Canaveral,Florida DRAFT City Council Regular Meeting March 19,2019 Page 4 of 4 opened. There being no comment,the Public Hearing was closed.A motion was made by Mayor Pro Tem Brown, seconded by Council Member Morrison, for adoption of Ordinance No. 07-2019 at second reading. The motion carried 5-0. REPORTS: City Manager Greene expressed his desire to meet with Mayor Hoog and City Attorney Garganese regarding his relationship with the City. Council Member Raymond discussed her attendance at a Waste Management plant tour,the Space Coast League of Cities meeting in Grant-Valkaria where advocating for Home Rule was discussed and scholarships were awarded, meeting with Dr. Tom Freijo in preparation for the upcoming Strategic Planning Retreat,Meals on Wheels participation,Civility Brevard's goals of encouraging respectful, ethical interactions between elected officials, staff and residents, the City's upcoming hosting of the April Space Coast League of Cities meeting and being awarded Elected Official of the Year by the National Association of Social Workers, Florida Space Coast Unit. Council Member Randels discussed his participation in Aging Matters training sessions, a new, unique overpass being installed at Interstate 95 and Viera Boulevard, "Road Rangers" roadside assistance trucks now operating on select highways in Brevard County, large-scale development projects in Osceola County with an estimate of 500,000 new residents and roads to be built in anticipation of more residents that can also assist with evacuations. Council Member Morrison congratulated Council Member Raymond on her award, thanked Council Member Randels for his updates, discussed his participation in the Mayors' Fitness Challenge, Little League Opening Day, Cape View Elementary functions, Friday Fest, Cocoa Beach Chamber of Commerce event, commented on the current State of Florida Legislative session, meeting with Dr. Tom Freijo, support for the City's stormwater and wastewater projects and a good direction for the economy. Mayor Pro Tem Brown discussed the Brevard County Homeless Coalition's efforts to provide affordable and temporary housing, success of the Little League Opening Day event, compliments to City Staff for the condition and appearance of the ballfield at Canaveral City Park and playground at Cape View Elementary, success of Friday Fest and confidence that Cape Canaveral is the best City in Brevard County. Mayor Hoot discussed his attendance at Little League Opening Day and stated the City is headed in the right direction, commended Staff and there is still much left to do. ADJOURNMENT: There being no further business,the Meeting adjourned at 7:29 PM. Bob Hoog, Mayor Daniel LeFever, Deputy City Clerk [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2019 Item No. 2 Subject: Resolution No. 2019-07; authorizing the execution of the Community Aesthetic Feature Agreement with the State of Florida Department of Transportation; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community Services and Culture and Leisure Services Summary: Throughout the 2018 Community Survey,residents expressed their desire for public art, cultural programs/events and the development of community features that celebrate their unique Community identity. This is very much in line with the City of Cape Canaveral Vision Statement. An opportunity to act on this directive presented itself in the form of covering the bare metal traffic control cabinets (TCCs)located at the signalized intersections along the North Atlantic Avenue and State Road (SR)AlA thoroughfares, with ultra-violet coated, anti-graffiti vinyl wraps. As part of the City of Cape Canaveral Civic Scenery Program, and in conjunction with the City Summer of Space Program commemorating the Apollo 11 Mission's 50th anniversary, Staff issued a global call for artwork;inviting all artists to submit themed TCC wrap designs. Because the Moon Landing was an historical event for all mankind, it was decided by Staff that for the benefit of this Project,no residency or age restrictions should apply. Staff promoted the call for artwork over five weeks through all available marketing/promotional channels, to include official City social media platforms, the Weekly Update, City website, at City events and the Project was featured on the Space Coast Daily website. The design theme for this Project was creatively limited to The Space Between® Liftoff + Landing®, the City of Cape Canaveral's essential role in the history and future of space exploration and the City Summer of Space program. Designs were submitted electronically from artists ranging from 8-year-old elementary students to local retired space workers. The submission guidelines included: file resolution/quality, adaptability to general dimensions, a properly completed artist application, content/theme and prohibited the use of words, logos, sexually suggestive concepts, symbols or messages. Staff determined design placement within the Community by matching the design to the environment (Attachment 1). Five of the TCCs are located along SR A1A, which is governed by the Florida Department of Transportation (FDOT), and are located at the following intersections: • Central Boulevard and SR AlA • North Atlantic Avenue and SR AlA • Center Street and SR AlA • Holman Road and SR AlA • Jackson Avenue and SR AlA While Brevard County Traffic Operations is the supervisory agency responsible for the TCCs (Attachment 2), FDOT requires a City Council Resolution (Attachment 3) approving a Community Aesthetic Feature (CAF)Agreement for this Project to be allowed along SR AlA. City Council Meeting Date: 04/16/2019 Item No. 2 Page 2 of 3 Two (2) TCCs are located on North Atlantic Avenue, which is governed by the City, and are located at the intersections of: • Central Boulevard and North Atlantic Avenue • Canaveral Beach Boulevard and North Atlantic Avenue The selected artists will receive a one-time $200 licensing agreement fee paid by the City of Cape Canaveral for the perpetual use of their artwork in press releases, promotional materials, on the City website and official City social media platforms. The Civic Scenery Project, submission guidelines and licensing agreement were patterned after existing programs/agreements in the City of Cocoa, City of Titusville and outside of the State of Florida. Originally,the final design selection was to be determined by the Community Appearance Board (CAB). However, the number of submissions was lower than anticipated, with only seven (7) designs meeting the submission guidelines (as published on the City Website)for the seven (7) TCCs located in the City. It was also determined by the Community Development Director and the City Attorney,that this Project was outside of CAB purview as it does not meet the definition of a wall mural per City Code (Chapter 94– Signs, Section 94-1. –Definitions) "...a painting or an artist work composed of an arrangement of color and that displays a commercial or non-commercial message,relays solely on the side of the building for rigid structural support and is painted on the building... excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage." Additionally, this Civic Scenery Project is not considered signage (which is prohibited via the CAF Agreement with FDOT); and as defined by the aforementioned City Code (Chapter 94 – Signs, Section 94-1. –Definitions) "...any object whether illuminated or nonilluminated, which is designed or intended to advertise,identify, announce, direct or inform the public, and which can be viewed by the public off-site." Therefore, the selection process was not necessary and was cancelled. Staff recommends City Council authorize the City Manager to execute the CAF Agreement between the City of Cape Canaveral and FDOT in order to wrap the TCCs within the City of Cape Canaveral as part of the Civic Scenery and Summer of Space programs. Submitting Department Directors: Joshua A. Surprenant and Gustavo Vergara - Date: 4/9/19 Attachments: 1. Selected designs and placement location map 2. Brevard County Traffic Operations Project acknowledgement letter 3. Resolution No. 2019-07 with Exhibit"A", Community Aesthetic Feature Agreement City Council Meeting Date: 04/16/2019 Item No. 2 Page 3 of 3 Financial Impact: $4,730 to include cost of cabinet wraps and licensing agreement fee paid to artists, funded by the General Fund. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-07. Approved by City Manager: David L. Greene Date: 4/9/19 Attachment 1 Civic Scenery Project-Traffic Control Cabinets Placement Location Map Conceptual Renderings THE SPACE BETWEEN® (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering collage of historic space scenes) Conceptual Rendering North Atlantic Avenue and SR AlA (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering collage of historic space scenes) Conceptual Rendering Center Street and SR AlA (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering collage of historic space scenes) Conceptual Rendering Central Boulevard and SR AlA (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering of rocket trail from Cape to Moon with lighthouse in foreground) Conceptual Rendering North Atlantic Avenue and Central Boulevard (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering of astronaut on moon with american flag and planets in background) Conceptual Rendering North Atlantic Avenue and Canaveral Beach Boulevard (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering of cartoon astronaut cow in red electric sports car passing in front of the moon) Conceptual Rendering Holman Road and SR AlA (City Seal and The Space Between logo) Civic Scenery Project - Traffic Control Cabinets (Artistic rendering collage Saturn V rocket, space and sky) Conceptual Rendering Jackson Avenue (La Fiesta restaurant parking lot) and SR AlA Attachment 2 Brevard County Public Works Department Traffic Operations Division 580 Manor Dr BOARD OF COUNTY COMMISSIONERS Merritt Island, FL 32952 March 1, 2019 Molly A Thomas Cultural Programs Manager 7300 N Atlantic Av Cape Canaveral, FL 32920 Dear Ms.Thomas, This letter of acknowledgment is in response to the letter we received regarding the proposed public art project involving the traffic control cabinets along SR A1A in Cape Canaveral. This project involves applying UV resistant vinyl wraps to all Brevard County maintained intersections within Cape Canaveral city limits. Brevard County Traffic Operations has no objections to the installation, as long as the identification labels remain,vents are open and key holes are accessible. If you have questions or need further assistance, please feel free to contact me at 321-633-2077. Sincerely, Corrina Gumm Interim Public Works Director Phone(321)455-1440.Fax(321)455-1303 Website: BrevardCounty.us/publicworks Attachment 3 RESOLUTION NO. 2019-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE EXECUTION OF THE COMMUNITY AESTHETIC FEATURE AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City of Cape Canaveral is a community that supports and promotes local culture and municipal civic interests; and WHEREAS, the residents of Cape Canaveral envision features that create a sense of arrival and celebrate their unique community identity; and WHEREAS,the City has developed a Civic Scenery program as a way to introduce public art into the landscape, in an effort to make our community more attractive and deter possible vandalism; and WHEREAS,the City invited all artists to submit designs to be utilized to cover(wrap)the City's traffic control cabinets along State Road AlA and North Atlantic Avenue; and WHEREAS, the artwork theme for this particular project corresponds with The Space Between® brand, the Summer of Space celebration, commemorating the 50th anniversary of the Moon landing and the City's role in the history and future of space exploration; and WHEREAS, the State of Florida Department of Transportation requires a Local Government Entity Resolution to approve implementation of Community Aesthetic Feature projects along Florida Department of Transportation thoroughfares. 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 fully incorporated herein by this reference. Section 2. Approval of the Community Aesthetic Feature Agreement. The City Council of the City of Cape Canaveral hereby approves the Agreement between the City and the State of Florida Department of Transportation, and said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. Authorization for Execution of Agreement. The City Manager is hereby authorized to execute and file the Community Aesthetic Feature Agreement on behalf of the City of Cape Canaveral, including mutually agreed upon renewals or extensions. City of Cape Canaveral Resolution No. 2019-07 Page 1 of 2 Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. 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 separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of April, 2019. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth, CMC Mike Brown City Clerk Bob Hoog Wes Morrison Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Rocky Randels Angela Raymond Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2019-07 Page 2 of 2 Resolution No. 2019-07 Exhibit "A" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 625-010-10 COMMUNITY AESTHETIC FEATURE AGREEMENT ROADWAY DESIGN OGC 08/17 Page 1 of 12 State Road/Local Road Al A Section No. 70080 CAFA No. 2019-M-590-00001 This Community Aesthetic Feature Agreement ("Agreement") is entered into this day of between the State of Florida, Department of Transportation ("Department") and the City of Cape Canaveral ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." RECITALS A. The Agency has requested permission from the Department to install a [CHOOSE ONE: ®Public Art, Local Identification Marker] community aesthetic feature on that certain right-of-way owned by the Department which is located on State Road/Local Road A1A at MP1.170-2.830 in Brevard County, Florida ("Project"). B. The Department agrees that transportation facilities enhanced by community aesthetic features can benefit the public, result in positive economic development, and increase tourism both locally and throughout Florida. C. The Parties agree to the installation and maintenance of the Project, subject to the terms and conditions in this Agreement. AGREEMENT 1. TERM. The term of this Agreement shall commence upon full execution of this Agreement ("Effective Date") and continue through 12/31/2029 , which is determined as the lifespan of the Project, unless terminated at an earlier date as provided in this Agreement. If the Agency does not complete the installation of the Project within one year (365) days of the Effective Date of this Agreement, the Department may immediately terminate this Agreement. This Agreement may only be renewed for a term no longer than the original term of this Agreement upon a writing executed by both Parties to this Agreement. 2. PROJECT DESCRIPTION. The Project is a [CHOOSE ONE: ®Public Art, Local Identification Marker], as more fully described in the plans in Exhibit"A", attached and incorporated in this Agreement. 3. FUNDING OF THE PROJECT. The Agency has agreed by resolution to approve the Project and to fund all costs for the design, installation, and maintenance of the Project, and such resolution is attached and incorporated in this Agreement as Exhibit"D". The Department shall not be responsible for any costs associated with the Project. All improvements funded, constructed, and installed by the Agency shall remain the Agency's property. However, this permissive use of the Department's right-of-way where the Project is located does not vest any property right, title, or interest in or to the Agency for the Department's right-of-way. 4. DESIGN AND CONSTRUCTION STANDARDS AND REQUIRED APPROVALS. a. The Agency is responsible for the design, construction, and maintenance of the Project in accordance with all applicable federal, state and local statutes, rules and regulations, including the Department standards and specifications. A professional engineer, registered in Florida, shall provide the certification that all design and construction for the Project meets the minimum construction standards established by the Department and applicable Florida Building Code construction standards. The Agency shall submit all plans or related construction documents, cost estimates, project schedule, and applicable third party agreements to the Department for review and approval prior to installation of the Project. The Agency is responsible for the preparation of all design plans for the Project, suitable for reproduction on 11 inch by 17 inch sheets, together with a complete set of specifications covering all construction requirements for the Project. A copy of the design plans shall be provided to the Department's District Design Engineer, located at 555 Camp Road Cocoa, Florida 32927 . The Department will review the plans for conformance to the Department's requirements and feasibility. The Department review shall not be considered an adoption of the plans nor a substitution for the engineer's responsibility for the plans. By review of the plans, the Department signifies only that such 625-010-10 ROADWAY DESIGN OGC-08/17 Page 2 of 12 plans and improvements satisfies the Department's requirements, and the Department expressly disclaims all other representations and warranties in connection with the plans, including, but not limited to the integrity, suitability, or fitness for the intended purpose or whether the improvements are constructed in accordance with the plans. The Department's review of the plans does not relieve the Agency, its consultants or contractors of any professional or other liability for the plans. All changes required by the Department shall be made by the Agency and final corrected plans shall be provided to the Department within thirty (30) days. b. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. Section 337.403, Florida Statutes, shall determine whether the utility bears the costs of utility work. The Agency shall bear the costs of utility work not required to be borne by the utility by Section 337.403, Florida Statutes. c. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic ("MOT") throughout the course of the Project in accordance with the latest edition of FDOT Standard Specifications, Section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of FDOT Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from FDOT Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. d. The Agency is responsible for obtaining all permits that may be required by any federal, state, or local agency. e. Prior to commencing the Project, the Agency shall request a Notice to Proceed from the Department's Construction Project Manager, Sandeep Janwadkar , at (321) 634-6086 or from an appointed designee. f. The Agency is authorized, subject to the conditions in this Agreement, to enter Department's right-of-way to install the Project (see attached Exhibit"B" Special Provisions). The Parties agree that this Agreement creates a permissive use only. Neither the granting of permission to use Department's right-of-way nor the placing of facilities upon Department's right-of-way shall operate to create or vest any property right in or to the Agency. The Agency shall not acquire any right, title, interest, or estate in the Department's right-of-way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of the Department's right-of-way. g. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction and throughout the maintenance term of the Project. If the Department determines that a condition exists which threatens the public's safety, the Department may, at its discretion, cause the Project to cease and/or immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. Should the Agency fail to remove the safety hazard within thirty (30) days, the Department may remove the safety hazard at the Agency's sole cost, expense, and effort. h. The Agency shall be responsible to ensure that construction of the Project is performed in accordance with the approved construction documents, and that it will meet all applicable federal, state, and local standards and that the work is performed in accord with the Terms and Conditions contained in Exhibit"C". i. The Agency shall notify the Department a minimum of forty eight (48) hours before beginning the Project within the Department's right-of-way. The Agency shall notify the Department should installation be suspended for more than five (5) working days. j. Upon completion of the Project, the Agency shall notify the Department in writing of the completion of the installation of the Project. For all design work that originally required certification by a Professional Engineer, the notification shall contain a Responsible Professional's Certification of Compliance, signed 625-010-10 ROADWAY DESIGN OGC-08/17 Page 3 of 12 and sealed by the responsible professional for the project, the form of which is attached to this Agreement as Exhibit"E". The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. The Agency and its contractors shall remove their presence, including, but not limited to, all of the Agency or its contractor's/subcontractor's/consultant's/subconsultant's property, machinery, and equipment from the Department's right-of-way and shall restore those portions of the Department's right-of-way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project, at Agency's sole cost and expense. k. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice to complete the Project and provide the Department with written notice of the same ("Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department may: 1) provide the Agency with written authorization granting additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, without Department liability to the Agency for any resulting loss or damage to property, including but not limited to machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty(30) days of the date of the invoice. I. Upon completion of the Project, the Agency shall be responsible for the perpetual maintenance of the Project, including all costs. The maintenance schedule shall include initial defect, instantaneous damage and deterioration components. The initial defect maintenance inspection should be conducted, and any required repairs performed during the construction phase. The instantaneous damage maintenance inspection should be conducted sixty(60)to ninety(90) days after placement and is intended to identity short term damage that does not develop over longer time periods. The deterioration maintenance inspection shall be conducted on regular, longer term intervals and is intended to identify defects and damages that occur by naturally occurring chemical, physical or biological actions, repeated actions such as those causing fatigues, normal or severe environmental influences, abuse or damage due to other causes. Deterioration maintenance shall include, but is not limited to, the following services: Annual Inspections. Replace worn material. Grafitti removal. m. The Agency shall, within thirty(30) days after expiration or termination of this Agreement, remove the Project and restore the right-of-way to its original condition prior to the Project. The Agency shall secure its obligation to remove the Project and restore the right-of-way by providing a removal and restoration deposit, letter of credit, or performance bond in the amount of$ 0.00 . The removal and restoration deposit, letter of credit, or bond shall be maintained by the Agency at all times during the term of this Agreement and evidence of the deposit, letter of credit, or bond shall be submitted to the Department on an annual basis. A waiver of the deposit, letter of credit, or bond requirement is permitted with approval from the District Maintenance Engineer for those installations with estimated restoration/removal costs less than or equal to $2000.00. District Maintenance Engineer, Date: n. The Department reserves its right to cause the Agency to relocate or remove the Project, in the Department's sole discretion, and at the Agency's sole cost. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 4 of 12 5. INDEMNITY AND INSURANCE. a. The Agency agrees to include the following indemnification in all contracts with contractors, subcontractors, consultants, and subconsultants, who perform work in connection with this Agreement: "The contractor/subcontractor/consultant/subconsultant shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor/subcontractor/ consultant/subconsultant, its officers, agents or employees." b. The Agency shall carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least$1,000,000 per person and $5,000,000 each occurrence, and property damage insurance of at least$100,000 each occurrence, for the services to be rendered in accordance with this Agreement. Additionally, the Agency or its contractor/subcontractor/ consultant/subconsultant shall cause the Department to be an additional insured party on the policy or policies, and shall provide the Department with certificates documenting that the required insurance coverage is in place and effective. In addition to any other forms of insurance or bonds required under the terms of the Agreement, when it includes construction within the limits of a railroad right-of-way, the Agency must provide or cause its contractor to obtain the appropriate rail permits and provide insurance coverage in accordance with Section 7-13 of the Department's current Standard Specifications for Road and Bridge Construction, as amended. c. The Agency shall also carry or cause its contractor/subcontractor/consultant/subconsultant to carry and keep in force Worker's Compensation insurance as required by the State of Florida under the Worker's Compensation Law. 6. NOTICES. All notices pertaining to this Agreement are in effect upon receipt by either Party, shall be in writing, and shall be transmitted either by personal hand delivery; United States Post Office, return receipt requested; or, overnight express mail delivery. E-mail and facsimile may be used if the notice is also transmitted by one of the preceding forms of delivery. The addresses set forth below for the respective parties shall be the places where notices shall be sent, unless prior written notice of change of address is given. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION DISTRICT 5 PROGRAM MANAGER FDOT Brevard Operations 555 Camp Road Coco, FL 32927 Phone: 321-634-6100 Fax: City of Cape Canaveral COUNTY [OR CITY], FLORIDA 100 Polk Avenue P.O. Box 326 Cape Canaveral. Florida 32920 Phone: 321-868-1220 Fax: 625-010-10 ROADWAY DESIGN OGC-08/17 Page 5 of 12 7. TERMINATION OF AGREEMENT. The Department may terminate this Agreement upon no less than thirty(30) days notice in writing delivered by certified mail, return receipt requested, or in person with proof of delivery. The Agency waives any equitable claims or defenses in connection with termination of the Agreement by the Department pursuant to this Paragraph 7. 8. LEGAL REQUIREMENTS. a. This Agreement is executed and entered into in the State of Florida and will be construed, performed, and enforced in all respects in strict conformity with local, state, and federal laws, rules, and regulations. Any and all litigation arising under this Agreement shall be brought in a state court of appropriate jurisdiction in Leon County, Florida, applying Florida law. b. If any term or provision of the Agreement is found to be illegal or unenforceable, the remainder of the Agreement will remain in full force and effect and such term or provision will be deemed stricken. c. The Agency shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Agency in conjunction with this Agreement. Failure by the Agency to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. d. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's right- of-way. 9. PUBLIC ENTITY CRIME. The Agency affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty six(36) months from the date of being placed on the convicted vendor list. The Agency agrees that it shall not violate Section 287.133(2)(a), Florida Statutes, and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement. 10. UNAUTHORIZED ALIENS. The Department will consider the employment of unauthorized aliens, by any contractor or subcontractor, as described by Section 274A(e) of the Immigration and Nationalization Act, cause for termination of this Agreement. 11. NON-DISCRIMINATION. The Agency will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Agency shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Agency shall insert similar provisions in all contracts and subcontracts for services by this Agreement. 12. DISCRIMINATORY VENDOR LIST. The Agency affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. The Agency further agrees 625-010-10 ROADWAY DESIGN OGC-08/17 Page 6 of 12 that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 13. ATTORNEY FEES. Each Party shall bear its own attorney's fees and costs. 14. TRAVEL. There shall be no reimbursement for travel expenses under this Agreement. 15. PRESERVATION OF REMEDIES. No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default by either Party under this Agreement, will impair any such right, power or remedy of either party; nor will such delay or omission be construed as a waiver of any breach or default or any similar breach or default. 16. MODIFICATION. This Agreement may not be modified unless done so in a writing executed by both Parties to this Agreement. 17. NON-ASSIGNMENT. The Agency may not assign, sublicense, or otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the Department. Any assignment, sublicense, or transfer occurring without the required prior written approval of the Department will be null and void. The Department will at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Agency. In the event that the Department approves transfer of the Agency's obligations, the Agency remains responsible for all work performed and all expenses incurred in connection with this Agreement. 18. BINDING AGREEMENT. This Agreement is binding upon and inures to the benefit of the Parties and their respective successors and assigns. Nothing in this Agreement is intended to confer any rights, privileges, benefits, obligations, or remedies upon any other person or entity except as expressly provided for in this Agreement. 19. INTERPRETATION. No term or provision of this Agreement shall be interpreted for or against any party because that party or that party's legal representative drafted the provision. 20. ENTIRE AGREEMENT. This Agreement, together with the attached exhibits and documents made a part by reference, embodies the entire agreement of the Parties. There are no provisions, terms, conditions, or obligations other than those contained in this Agreement. This Agreement supersedes all previous communication, representation, or agreement, either verbal or written, between the Parties. No amendment will be effective unless reduced to writing and signed by an authorized officer of the Agency and the authorized officer of the Department or his/her delegate. 21. DUPLICATE ORIGINALS. This Agreement may be executed in duplicate originals. The remainder of this page is intentionally left blank. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 7 of 12 Section No. 70080 CAFA No. 2019-M-590-00001 AGENCY City of Cane Canaveral By: Print Name: David L. Greene Title: City Manaaer As approved by the Council, Board, or Commission on: Attest: Legal Review: City or County Attorney DEPARTMENT State of Florida, Department of Transportation By: Print Name: Alan Hyman. P.E. Title: Director of Transportation Operations Date: Legal Review: 625-010-10 ROADWAY DESIGN OGC-08/17 Page 8 of 12 Section No. 70080 CAFA No. 2019-M-590-00001 EXHIBIT "A" PROJECT DESCRIPTION I. SCOPE OF SERVICES Installation of affixed/add-on artwork/signal cabinet wraps at four locations on SR Al A in accordance with attached documents. II. PROJECT PLANS The Agency is authorized to install the Project in accordance with the attached plans prepared by Molly A. Thomas P.E./R.L.A./Architect and dated 3-12-2019 . Any revisions to these plans must be approved by the Department in writing. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 9 of 12 Section No. 70080 CAFA No. 2019-M-590-00001 EXHIBIT "B" SPECIAL PROVISIONS None. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 10 of 12 Section No. 70080 CAFA No. 2019-M-590-00001 EXHIBIT "C" TERMS AND CONDITIONS FOR INSTALLATION OF THE PROJECT 1) No lane closures without prior Department approval. 2) No work may be performed during Special Events. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 11 of 12 Section No. 70080 CAFA No. 2019-M-590-00001 EXHIBIT "D" AGENCY RESOLUTION Attached, see following page. 625-010-10 ROADWAY DESIGN OGC-08/17 Page 12 of 12 Section No. 70080 CAFA No. 2019-M-590-00001 EXHIBIT "E" NOTICE OF COMPLETION AND RESPONSIBLE PROFESSIONAL'S CERTIFICATE OF COMPLIANCE NOTICE OF COMPLETION COMMUNITY AESTHETIC FEATURE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and the City of Cape Canaveral PROJECT DESCRIPTION: Affixed/add-on artwork-Signal Cabinet Wraps In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned provides notification that the work authorized by this Agreement is complete as of , 20 . By: Name: Title: RESPONSIBLE PROFESSIONAL'S CERTIFICATION OF COMPLIANCE In accordance with the Terms and Conditions of the Community Aesthetic Feature Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of"as-built" plans certified by the Engineer of Record. By: SEAL: Name: Date: [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2019 Item No. 3 Subject: Resolution No. 2019-08; reappointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Jalinda Coudriet) Department: City Clerk's Office Summary: The term for Community Appearance Board Member Jalinda Coudriet will expire May 1, 2019. Ms. Coudriet has served on the Board since September 2016 and has expressed a desire to continue serving on the Board for an additional three-year term. Consistent with §2-171(f), City Code, Ms. Coudriet is eligible for reappointment as she is currently serving her first term as an appointed board member. Following completion of a second-consecutive term, Ms. Coudriet 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: 4/9/19 Attachment: Resolution No. 2019-08 Financial Impact: Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-08. Approved by City Manager: David L. Greene Date: 4/9/19 RESOLUTION NO. 2019-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,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 AN 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: Jalinda Coudriet shall be reappointed to a new,three-year term,to serve until May 1, 2022. 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. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Adoption and Signature Page follows) City of Cape Canaveral Resolution No.2019-08 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of April, 2019. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2019-08 Page 2 of 2 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2019 Item No. 4 Subject: Ordinance No. 08-2019;changing the Zoning Map Designation of certain real property generally located at 8550 Astronaut Boulevard in Cape Canaveral, Florida, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-2 Commercial/Manufacturing" to "PD Planned Development" subject to the Land Use Plan approved by the City Council in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading. (Tom C. Hermansen/Cape Canaveral Joint Venture,Applicant/Owner) Department: Community Development(CD) Summary: This request is for a rezoning from C-2 Commercial/Manufacturing to Planned Development(PD)to allow for a mixed-use project consisting of climate-controlled self-storage facility, C-2 uses and 2 one-acre commercial outparcels. The parcel#24-37-15-00-815 is 12.42 acres, has an address of 8550 Astronaut Boulevard (Attachment 1) and is within the AlA Economic Opportunity Overlay District (EOOD), which allows the proposed uses in the PD zoning district. As referenced in the submitted Site Plan (Attachment 2), the PD request would expand the current C-2 uses allowed under the current zoning district, by adding the right to develop up to 90,000 square feet of climate-controlled self-storage within the existing 161,000 square foot building (Phase 1). In addition, 2 commercial/retail outparcels, totaling 2.17 acres, fronting Astronaut Boulevard are proposed. These will be developed when tenants/buyers are identified (Phase 2). Should the outparcels be sold, a new plat will be required. The parcel is located in Flood Zone X, which indicates that the parcel is outside the 100-year flood zone. There are no jurisdictional wetlands on-site. Maximum impervious area allowed in the EOOD shall not exceed 80 percent. The process for reviewing a PD application is outlined in Sections 110-740 through 742 of City Code. In general, the approval process includes: 1 - submittal and review of a Concept Plan by the City Development Review Committee (DRC); 2 - review and recommendation of a Land Use Plan by the Planning & Zoning (P&Z) Board; and, 3 - final approval of the Land Use Plan by the City Council. The DRC met on June 21,2018 to discuss the proposed rezoning application and project. On July 25, 2018, the P&Z Board considered the application and recommended approval to the City Council, subject to the following conditions: • Proposed .5-acre retention area between Astronaut Boulevard and commercial retail buildings shall be landscaped. • Trees and/or additional landscaping added within the bounds of existing parking area. These conditions will be implemented during the site plan review process. City Code establishes certain criteria when reviewing a PD application, to include: • Degree of departure of proposed planned development from surrounding areas in terms of character, density and intensity of use. City Council Meeting Date: 04/16/2019 Item No. 4 Page 2 of 3 • Compatibility within the planned development and relationship with surrounding neighborhoods and other uses. • Prevention of erosion and degrading of surrounding areas. • Provision for future public education (if required), recreation facilities, transportation, water supply, sewage disposal, surface drainage,flood control and soil conservation, as shown in the land use plan. • The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space. • The feasibility and compatibility of the specified phases contained in the land use plan to exist as an independent development. • The availability and adequacy of water and sewer service to support the proposed planned development. • The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned development. • The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a planned development zoning district. • The conformity and compatibility of the planned development with any adopted development plan of the city. • The conformity and compatibility of the proposed common open space and land uses within the proposed planned development. Sections 110-742 (b)(2) and (3) of the City Code establish the minimum requirements for inclusion in the Land Use Plan. It does not require the detail needed for a site plan, however, it is required to identify type and locations of proposed uses, vehicular and pedestrian circulation systems and site data. Site plan as well as any applicable EOOD requirements will be implemented during the subsequent site plan approval. Parking requirements for the proposed development are indicated in the table below: Use Square Ft./Units Parking Standard Required Spaces 1 1 Light manufacturing 71,000 One space/employee TBD 1 1 Self-Storage 90,000 sq. ft./300 One space/25 units 12 1 1 Outparcels TBD TBD TBD Currently, the property includes 452 vehicle and 7 motorcycle parking spaces. The proposed outparcels will eliminate 193 vehicle and 3 motorcycle spaces, leaving a total of 259 vehicle and 4 motorcycle spaces to serve the building. As indicated above, the self-storage component of the project will require 12 spaces,leaving a total of 247 vehicle spaces to serve the remaining 71,000 square feet. The two outparcels will be required to provide parking within each development site. The parcel is located in the primary commercial corridor within the City. The majority of the corridor is zoned C-1 which allows a wide-variety of commercial and retail uses. The parcel lies within one of two C-2 districts within the corridor. C-2 allows a wide-variety of commercial and City Council Meeting Date: 04/16/2019 Item No. 4 Page 3 of 3 light manufacturing uses. The proposed uses are consistent with zoning and existing uses in the area. Access to the site is provided by a driveway onto West Central Boulevard and two driveways cuts onto Astronaut Boulevard. As trip counts will be significantly reduced by the proposed mix of uses, a traffic analysis was not required. As the exterior of the structure is not being modified, much of the architectural/site design guidelines applicable to development within the EOOD will not apply. However, landscaping, signage and such will be required to meet EOOD standards. Also, new construction related to the outparcels will be required to meet District standards. Water is provided by the City of Cocoa and the City of Cape Canaveral is the wastewater provider. Sufficient capacity is available in both systems to serve the project. Stormwater is treated via a series of existing swales and retention/detention ponds. Stormwater for the outparcels will be addressed when development is proposed on each. City Council approved Ordinance No. 08-2019 on first reading at its March 19, 2019 Meeting. Notice of Public Hearing was advertised in Florida Today on April 4, 2019. Submitting Department Director: David Dickey Date: 4/9/19 Attachments: 1 -Aerial/Location Map 2-Site Plan 3 -Ordinance No. 08-2019 w/Exhibit"A" Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/19 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 08-2019, on second reading. Approved by City Manager: David L. Greene Date: 4/9/19 6/6/2018 _ags_8a28a96cf2da4fddbb58c3ae8903efdajpg(1587x1123) Attachment 1 Brevard County Property Appraiser For illustration only. Not a survey. Map layers may not precisely align. BCPAO2015 https://www.bcpao.us/arcgis/rest/directories/arcgisoutput/Utilities/PrintingTools_GPServer/_ags_8a28a96cf2da4fddbb58c3ae89O3efda jpg 1/1 Cape Canaveral Joint Venture 8550 N Astronaut 01/22/2013 Attachment 2 BUILDING STATE ROAD A-1-A (S.R. 401) CENTRAL BOULEVARD ASTRONAUT BOULEVARD #8550 ASTRONAUT BLVD. POINT OF BEGINNING POINT OF COMMENCEMENT 15 14 22 23 SUBJECT PARCEL 12.42 ACRES ± 504,923 SQUARE FEET ± 161,619 SQUARE FEET ± All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the s o l e p r o p e r t y o f E L E V E N 1 8 ARCHITECTURE, PL and were created and developed only for use on and in connection with the project specified here-in. None of the ideas, designs, arrangements and plans shall be used by or disclosed to any person, firm or c o r p o r a t i o n f o r a n y p u r p o s e whatsoever without the express written permission of ELEVEN18 A R C H I T E C T U R E , P L . WARNING: Reproduction here-of is a criminal offense under 18U.S.C. SEC 506. Unauthorized disclosure may c o n s t i t u t e t r a d e s e c r e t misappropriation in violation of 1.C24-2-41-1 ET.SEQ and other laws. The ideas, arrangements and designs disclosed here-in may be patented or be the subject of a pending patent a p p l i c a t i o n . REVISIONS # DATE DESC. DATE: 25 JAN 2019 DRAWN BY: JCA, EP CHECKED BY: KM JOB NAME: ----- PROJECT NAME: 8550 ASTRONAUT BLVD REDEVELOPMENT PLAN 8550 Astronaut Blvd. Cape Canaveral, FL 32920 ENGINEER: ARCHITECT: ELEVEN18 ARCHITECTURE SITE PLANNER: ELEVEN18 ARCHITECTURE SURVEYOR: ALLEN ENGINEERING, INC. APPLICANT: CAPE CANAVERAL JOINT VENTURE Mark Adams, AIA FL. REG.#AR0094473 Kimberly Day McCann, AIA FL. REG.#AR0091738 Site Concept A101 FL License: AA26001884 Mailing Address: 424 E. Central Blvd. #542 Orlando, FL 32801 www.eleven18architecture.com Physical Address: 1011 E. Colonial Dr. #307 Orlando, FL 32803 407-745-5300 © Copyright 2017 ELEVEN18 ARCHITECTURE, PL All Rights Reserved Worldwide A WOMEN'S BUSINESS ENTERPRISE NORTH 01 CONCEPT SITE PLAN 1" = 50' 0 1/4" 1/2" 1" 2" LEGAL DESCRIPTION OF SITE: A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FL PARCEL ID: 24-37-15-00-815 TOTAL ACREAGE: 12.44 AC ADJOINING DEVELOPMENTS: NORTH: ASTRONAUT PROPERTIES LLC (c-2 ZONING) WEST: S.R. A-1-A EAST: SUPRA COLOR ENTERPRISES INC. (C-1 ZONING) SOUTH: MANGO MANOR MOBILE HOME PARK LLC / CAPE CANAVERAL MOBILE ESTATES LLC (R-2 ZONING) STORM WATER MANAGEMENT: PHASE 1 FALLS WITHIN EXISTING STORM WATER MANAGEMENT PLAN AND WILL REQUIRE NO ALTERATION. PHASE 2 WILL REQUIRE ALTERATIONS TO STORM WATER MANAGEMENT PLAN SUBJECT TO ALL RELEVANT PERMIT REQUIREMENTS. ASTRONAUT PROPERTIES LLC 71K SF : C-2 USES OUTPARCEL: PERMITTED C-2 USES 2.17 AC PART OF PHASE II 90K - PERMITTED C-2 USES; CLIMATE CONTROLLED SELF STORAGE PART OF PHASE 1 AERIAL VIEW OF SITE Attachment 3 1 ORDINANCE NO. 08-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA; CHANGING THE ZONING MAP 5 DESIGNATION OF CERTAIN REAL PROPERTY GENERALLY 6 LOCATED AT 8550 ASTRONAUT BOULEVARD IN CAPE 7 CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED 8 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED 9 HERETO, FROM "C-2 COMMERCIAL/MANUFACTURING" TO "PD 10 PLANNED DEVELOPMENT" SUBJECT TO THE LAND USE PLAN 11 APPROVED BY THE CITY COUNCIL IN CONJUNCTION WITH 12 THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY 14 AND AN EFFECTIVE DATE. 15 16 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 20 the State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the owner of the Property subject to this Ordinance submitted an application 24 seeking to rezone the Property to PD — Planned Development for purposes of repurposing an 25 existing large building and creating an outparcel along Highway AlA Astronaut Boulevard; and 26 27 WHEREAS, Sections 110-34 and 110-35 of the City Code provides a procedure and 28 requirements for the City to consider a rezoning of real property within the City of Cape 29 Canaveral, and Section 110-740 et. seq. of the City Code provides a specific 30 procedure for planned developments; and 31 32 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval 33 of this Ordinance at the July 25, 2018 Planning and Zoning Board meeting subject to conditions; 34 and 35 36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 37 hearing on the proposed zoning change set forth hereunder and considered findings and advice of 38 Staff, citizens, and all interested parties submitting written and oral comments and supporting data 39 and analysis, and after complete deliberation, hereby finds the requested zoning change consistent 40 with a corresponding and simultaneous amendment to the City of Cape Canaveral Comprehensive 41 Plan and that sufficient, competent and substantial evidence supports the zoning change set forth 42 hereunder; and City of Cape Canaveral Ordinance No.08-2019 Page 1 of 3 1 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 2 government purpose and is in the best interests of the public health, safety and welfare of the 3 citizens of Cape Canaveral, Florida. 4 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE 6 CANAVERAL HEREBY ORDAINS,AS FOLLOWS: 7 8 Section 1. Recitals. The foregoing recitals are true and correct and are fully 9 incorporated herein by this reference. 10 11 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 12 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246,is hereby amended 13 to include a change of classification from "C-2 Commercial/Manufacturing" to "PD — 14 Planned Development" for the real property depicted and legally described on Exhibit "A" 15 which is attached and incorporated herein by this reference. The PD designation on the subject 16 property shall be subject to the terms and conditions set forth in Section 3 of this Ordinance. 17 City Staff is hereby directed to promptly amend the City's Official Zoning Map upon the 18 effective date of this Ordinance. 19 20 Section 3. Planned Development Conditions. The following binding conditions 21 shall apply to the PD zoning designation of the subject property: 22 23 (1) The property shall be subject to the Land Use Plan reviewed and approved by the 24 City Council in conjunction with the adoption of this Ordinance. Said Land Use Plan is hereby 25 deemed fully incorporated herein by this reference and shall be maintained on file with the City 26 Clerk as a permanent record pursuant to Section 110-742(g) of the City Code. 27 28 (2) The land uses permitted on the subject property shall be those land uses specifically 29 listed in the C-2 Commercial/Manufacturing zoning district except, however, "climate controlled 30 mini-self-storage facility" shall be permitted in all or part of the 90,000 square feet of the existing 31 building depicted on the Land Use Plan. 32 33 (3) The subject property shall also be subject to all performance standards set forth in 34 the C-2 Commercial/Manufacturing zoning district (e.g. setbacks etc.) and other applicable 35 provisions of the City Code. 36 37 Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of 38 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 39 the Official Records of Brevard County, Florida. 40 41 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 42 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and City of Cape Canaveral Ordinance No.08-2019 Page 2 of 3 1 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 2 3 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 4 provision of this Ordinance is for any reason held invalid or unconstitutional by any court 5 of competent jurisdiction, whether for substantive, procedural or any other reason, such portion 6 shall be deemed a separate, distinct and independent provision, and such holding shall not 7 affect the validity of the remaining portions of this Ordinance. 8 9 Section 7. Effective Date. This ordinance shall become effective immediately upon 10 adoption by the City Council. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of 13 April, 2019. 14 15 16 17 18 Bob Hoog, Mayor 19 20 21 22 ATTEST: For Against 23 24 Mike Brown 25 26 Mia Goforth, CMC Robert Hoog 27 City Clerk 28 Wes Morrison 29 Planning and Zoning Board Hearing: 30 July 25, 2018 Rocky Randels 31 First Reading: March 19, 2019 32 Advertisement: April 4, 2019 Angela Raymond 33 Second Reading: April 16, 2019 34 35 36 37 Approved as to legal form and sufficiency 38 for the City of Cape Canaveral only by: 39 40 41 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.08-2019 Page 3 of 3 Ordinance No. 08-2019 Exhibit "A" This instrument prepared by: JAMES W. PEEPLES III, ESQ. WOLFE, KIBSCHENBAUM S PEEPLES, P.A. P. 0. Box 320757 Cocoa Beach, Florida 32932-0757 WARRANTY DEED THIS INDENTURE, made this 10th day of May, 1989 between CEVESCO. INC., a Delaware corporation (the "Grantor") and CAPE CANAVERAL JOINT VENTURE, a Florida general partnership whose post office address is EKS, INC., a Florida corporation, P. O. Box 3767, Cocoa, Florida 32924 (the 'Grantee"); WITNESSETH, that the Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee forever., the following described land, situate, lying and being in the County of Brevard, State of Florida, to wit: Property Appraiser's Parcel Id. No. 24 37 15 00 750 (Portion) SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT to taxes for the year 1989 and subsequent years. SUBJECT to the following easements and restrictions of record; provided, however. nothing contained herein shall be deemed to reimpose the same: Drainage Easement as described in instrument recorded in Official Records Book 239, page 179. Public Records of Brevard County, Florida; Eseements in favor of the City of Cape Canaveral as described in instruments recorded is Official Records Book 782, page 143 and Official Records Book 1019, Page 83, Public Eecorde of Brevard County, Florida; and Reservations in favor of the Trustees of the Internal Improvement a Fund as described in Deed recorded in Deed Book 438, Page 547, Public Records of Brevard County, Florida. And the Grantor does hereby fully warrant the title to the land, and will defend the sane against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has executed this instrument ou the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CEVESCO. INC., a Delaware corporation GEORGE H. FIRKINS, JR., Vice President STATE OF FLORIDA ) } se: COUNTY OF BRBVARD ) BEFORE ME, the undersigned authority, duly authorised by law to take oaths and acknowledgments. personally appeared GEORGE H. FIRKINS, JR., as Vice President. of CEVESCO, INC., a Delaware corporation, who after being first duly sworn, acknowledged before me that he executed the foregoing instrument as such officer for the reasons and purposes therein expressed. WITNESS my hand and official seal in the county and state last aforesaid an this 11th day of May, 1989. Teresa Ann Whitehead Notary Public My commission expires: 1397p/54p OFF. REC. PAGE 2995 3724 SURVEYOR'S DESCRIPTION A portion of Section 15. Township 24 South.Range 37 East. the City of Cape Canaveral. Brevard County,Florida. more particularly described as follows:- Commence at the southeast corner of said Section 15;Mance N00°5054'W, along the east line of Section FS,for a distance of 639.60 foot. to the most northerly.corner of lands dascribed in Official Record Book 1763,Page 758,of the public records at Brevard County.Florida,being the point of beginning;thence continue N00°50'54144 along said oast fine,for a distance or 1059.9G feet to a point on the south right of way line of Central Boulevard,an 80.00 foot undadrealed right of way; . thence N8903031141,along the said south rig7lt of way line, for a distance al 113.73 leo,to a point of curvature of a curvo concave to the northeast having a radius at 440.00 Net;thence northwesterly along the arc of saki curve,and the said south right of way line,through a contra!angle of 1.9°40'54" an arc distance of 151.15 feet,10 a point on the easterly line of lana described in Official Record Book 941, Page 372,of the public records of Brevard County,Florida:thence rho following two 12) courses and distances along said easterly line: (1)521°07'49"W for a distance 01587.12 root` (2) 552°37'50'W.for a distance of 253.98'feel,to a point on rhe northeasterly right of way•line of Slate Road A•1•A,(formerly State Road 401)a 100.00 foot right of way;thence$37 22'11-E. along said northeasterly right of way line, far distance of 729.78 feet, to a point on the northerly line at land described in said Official Record Book 1763,Page 768;thence N52°37'49'E.along said norrharly fine,for a distance of 319.52 feat to the point of beginning. OFF, REc. PAGE 2995 Exhibit "A° 3725 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 04/16/2019 Item No. 5 Subject: Ordinance No. 09-2019; amending Section 110-28 of the City Code related to Due Process and Special Local Notice Requirements for certain zoning hearings; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date,first reading. Department: Community Development(CD) Summary: An integral part of the local zoning process is the opportunity for residents/property owners/interested parties to have an opportunity to provide input to local decision makers, whether that be an advisory board or the City Council. To ensure the public is afforded ample opportunity, City Code (Sec. 110-28) spells out minimum requirements for noticing public meetings.Section 110-28(b)of the City Code establishes the following local notice requirements for certain zoning actions. Specifically: In addition to any notice requirements provided by state law, all public hearings under this article shall be publicly noticed for at least 14 calendar days prior to the date of the hearing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The city shall post notice of public hearings in the following manner: (1) Posting the affected property. (2) Posting at city hall and on the city's official website. (3) Notifying all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. All notices required by this subparagraph may be sent by regular mail except that public hearings related to applications for rezoning shall be sent by certified mail,return receipt requested.Further, unless otherwise provided by law, notices required by this subsection shall only be mailed for the first public hearing before the first board required to hear an application under this article. Subsequent hearings on the same application shall not be required to be noticed by this subsection. Applicants shall be solely responsible for the costs incurred for notification under this subparagraph. (4) Notifying, by certified mail, the owner(s) of the subject property for which the application is being made. Note these notice requirements are in addition to any required State requirements, such as display ads for Comprehensive Plan Amendments, etc. As indicated in paragraph (3) above, all notices related to rezonings are required to be sent certified mail, return receipt requested. This can add a great deal of cost to the process. In particular with large-scale requests.As an example, the City is considering a large-scale rezoning project to address over 700 non-conforming commercial properties. When the 500-foot radius is applied, as indicated above in paragraph (3), over 5,000 properties would be included. As a result, USPS mailing cost to the public will total approximately $37,500 ($7.50 per certified/return receipt letter), negatively impacting limited public resources. City Council Meeting Date: 04/16/2019 Item No. 5 Page 2 of 2 As indicated above, compliance with current Code notice requirements can be overly burdensome and, in certain situations, place an unreasonable demand on an applicant. In response, the City Attorney has prepared the attached Ordinance to revise notice requirements for rezonings, special exceptions and variance actions. The proposed revisions include: • The creation of a notice process for City-initiated zoning actions affecting more than one noncontiguous parcel of land and more than five acres. The notice for these actions will include: o Posting the meeting notice at City Hall and on the City's official website, and o Notifying, via regular mail, the owner of the subject parcel for which the administrative application is being made by the City. • Revising the current notice procedures for all other zoning actions to include: o Post the affected property o Posting at City Hall and on the City's official website; o Notifying property owners within five-hundred feet of the subject parcel by regular mail, rather than certified mail as currently required; and o Notifying owners of the subject parcel by regular mail or email, rather than certified mail as currently required. Several housekeeping items are also being addressed that will provide a degree of flexibility to the current process. Public hearings that are postponed or continued by the City will be required to be noticed for at least three days. To expedite implementation of the proposed standards, first reading of the Ordinance is being presented to the Council prior to being considered by the Planning and Zoning (P&Z) Board. The P&Z Board will consider the Ordinance and make its recommendation prior to the Council conducting its second and final reading. Any material/technical issues raised by the P&Z and/or Council will be addressed prior to second reading. Submitting Department Director: David Dickey Date: 4/9/19 Attachments: Ordinance No. 09-2019 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 4/9/19 The City Manager recommends that City Council take the following action: Approve Ordinance No. 09-2019, on first reading. Approved by City Manager: David L. Greene Date: 4/9/19 1 ORDINANCE NO. 09-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 AMENDING SECTION 110-28 OF THE CITY CODE 6 RELATED TO DUE PROCESS AND SPECIAL LOCAL 7 NOTICE REQUIREMENTS FOR CERTAIN ZONING 8 HEARINGS; 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 State 14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 15 law; and 16 17 WHEREAS, the City Council desires to amend City special local notice requirements for 18 certain zoning hearings to streamline local notice requirements by balancing various legitimate 19 public interests and taking into consideration common sense, practical concerns such as public 20 expenses and limited resources, efficient and timely decision making by the City on land use 21 matters and unreasonableness; and 22 23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 24 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 25 Canaveral. 26 27 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 28 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: 29 30 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein 31 by this reference as legislative findings and the intent and purpose of the City Council of the City 32 of Cape Canaveral. 33 34 Section 2. Code Amendment. Section 110-28 of the Code of Ordinances, City of 35 Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and 36 strikeout type indicates deletions): 37 38 Sec. 110-28. -Due process; special notice requirements. 39 (a) All applicants and interested parties shall be afforded minimal due process as required by 40 law,including the right to receive notice,be heard,present evidence,cross-examine witnesses, 41 and be represented by a duly authorized representative. 42 (b) In addition to any notice requirements provided by state law, all public hearings under this 43 article shall initially be publicly noticed for at least 14 calendar days prior to the date of the 44 hearing. Public hearinns that are postponed or continued by the City shall be publicly noticed 45 for at least 3 calendar days unless otherwise required by the board. Said notice shall include 46 the address of the subject property, matter to be considered and the time, date and place of the 47 hearing. The city shall post notice of public hearings in the following manner: City of Cape Canaveral Ordinance No.09-2019 Page 1 of 3 1 (1) Posting the affected property. 2 (2) Posting at city hall and on the city's official website. 3 (3) Notifying all owners of real property (including homeowner's and condominium 4 associations) approximately adjacent to and within 500 feet of the subject property. All 5 notices required by this subparagraph may be sent by regular mail e*33 that ixxblie 6 hearings related to applications for rezoning oll be sent by certified mail,return receipt 7 requested. Further,unless otherwise provided by law, notices required by this subsection 8 shall only be mailed for the first public hearing before the first board required to hear an 9 application under this article. Subsequent hearings on the same application shall not be 10 required to be noticed by this subsection. Applicants shall be solely responsible for the 11 costs incurred for notification under this subparagraph. 12 (4) Notifying, by certified regular mail or email, the owner(s) of the subject property for 13 which the application is being made. 14 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to 15 be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing 16 any decision made under this chapter. 17 (c) When any proposed zoning district boundary change, variance, or special exception lies 18 within approximately 500 feet of the boundary of any property under another government's 19 jurisdiction, notice shall be forwarded to the governing body of the appropriate government 20 authority in order to afford such body an opportunity to appear at the hearing and express its 21 opinion on the effect of said proposed district boundary change,variance or special exception. 22 (d) Comprehensive administrative rezoning, variance, or special exception applications 23 initiated by the City affecting more than one noncontiguous parcel of land and more than five acres 24 of land shall not be subiect to the notice requirements set forth in this section. Unless otherwise 25 required by state law, all public hearings under this subsection(d)shall initially be publicly noticed 26 for at least 14 calendar days prior to the date of the hearing. Public hearings that are postponed or 27 continued by the City shall be publicly noticed for at least 3 calendar days unless otherwise 28 required by the board. In addition to any notice requirements provided by state law,public notice 29 of the hearing of such applications shall include the address of the subiect property, matter to be 30 considered and the time, date and place of the hearing and shall be posted in the following manner: 31 32 (1) Posting at city hall and on the city's official website. 33 34 (2) Notifying, by regular mail, the owner(s) of the subject parcels of land for which the 35 administrative application is being made bv_ the City. . 36 37 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 38 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 39 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 40 41 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 42 Cape Canaveral City Code and any section or paragraph,number or letter and any heading may be 43 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 44 like errors may be corrected and additions, alterations, and omissions, not affecting the 45 construction or meaning of this Ordinance and the City Code may be freely made. 46 City of Cape Canaveral Ordinance No.09-2019 Page 2 of 3 1 Section 5. Severability. If any section, subsection, sentence, clause,phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction,whether for substantive,procedural or any other reason, such portion shall 4 be deemed a separate, distinct and independent provision, and such holding shall not affect the 5 validity of the remaining portions of this Ordinance. 6 7 Section 6. Effective Date. This Ordinance shall become effective immediately upon 8 adoption by the City Council of the City of Cape Canaveral, Florida. 9 10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 11 , 2019. 12 13 14 Bob Hoog,Mayor 15 16 ATTEST: For Against 17 18 Mike Brown 19 20 Mia Goforth, CMC Robert Hoog 21 City Clerk 22 Wes Morrison 23 First Reading: April 16, 2019 24 Planning& Zoning Board Rocky Randels 25 Hearing: 26 Advertisement: Angela Raymond 27 Second Reading: 28 29 Approved as to legal form and sufficiency 30 for the City of Cape Canaveral only by: 31 32 33 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.09-2019 Page 3 of 3