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HomeMy WebLinkAboutAgenda Packet 08-21-2012 NI ;, 4 City of Cape Canaveral 1." Zikli I.7" ".•c: _ e CITY OF CITY COUNCIL MEETING CAPE CANAVERAL CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday August 21, 2012 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS I INTERVIEWS: 6:05 p.m. — 6:35 p.m. Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member John Bond. City of Cape Canaveral Certificate of Appreciation to Life Scout Zack Scott for completion of the Brevard County Sheriffs Office Canaveral Precinct Landscaping Project. Interview Applicant Lynn Peppel for the Library Board. Interview Dennis R. Jenkins and George J. Sweetman for reappointment to the Board of Adjustment. Interview Dr. John Fredrickson for reappointment to the Planning and Zoning Board. REPORT: 6:35 p.m. — 6:40 p.m. City Attorney AUDIENCE TO BE HEARD: 6:40 p.m. — 6:55 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (32 I) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: inio(u cityofcapecanaveral.org City of Cape Canaveral, Florida City Council Meeting August 21, 2012 Page 2 of 3 Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6:55 p.m. — 7:00 p.m. 1. Approve Minutes for City Council Budget Workshop Meeting of July 17, 2012 and Regular City Council Meeting of July 17, 2012. 2. Adopt Resolution No. 2012-11; Appointing a Member to the Library Board of the City of Cape Canaveral, Florida; providing for an effective date. (Lynn Peppel) 3. Adopt Resolution No. 2012-14; Reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Dr. John Fredrickson), 4. Adopt Resolution No. 2012-15; Reappointing Members to the Board of Adjustment of the City of Cape Canaveral, Florida;; providing for an effective date. (Dennis R. Jenkins and George J. Sweetman) 5. Adopt Resolution No. 2012-17; related to the adoption of the Tentative Proposed Millage Rate. 6. Approve a Task Order for Baskerville-Donovan, Inc. (BDI) in the amount of $71,980 for the completion of a Wastewater/Stormwater Facilities Plan as required by the State Revolving Fund (SRF) Program administered by the Florida Department of Environmental Protection (FDEP). 7. Ratify Proposed Events and Expenditures for the City's 50th Anniversary Nine-Month Celebratory Campaign. 8. Approve Task Order with Kimley-Horn and Associates, Inc. to prepare the Community Redevelopment Plan as required by Florida Statutes to establish a Community Redevelopment Agency and authorize the City Manager to execute it on the City's behalf. PUBLIC HEARING: 7:00 p.m. — 7:15 p.m. 9. Adopt Resolution No. 2012-16; finding that the conditions within a specific area of the City of Cape Canaveral, generally described as being bounded by the Port of Canaveral on the north, to one block west of State Road A1A, south following the existing city limits and east to Ridgewood • - City of Cape Canaveral, Florida City Council Meeting August 21, 2012 Page 3 of 3 Avenue, more particularly described herein, meet the criteria of Section 163.340(8), Florida Statutes, as a blighted area; declaring that one or more blighted areas exists; declaring that the rehabilitation, conservation and redevelopment of such blighted areas is necessary in promoting the public health, safety, morals, and welfare of the residents of Cape Canaveral; determining that there is a need for the creation of a Community Redevelopment Agency to carry out the redevelopment purposes of Chapter 163, Part Ill, Florida Statutes, within the identified blighted area; naming the agency for said district the Cape Canaveral Community Redevelopment Agency; declaring the Board of Commissioners of said community redevelopment district shall consist of the members of the City of Cape Canaveral City Council; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. ITEMS FOR ACTION: 7:15 p.m. — 7:45 p.m. 10. Adopt Ordinance No. 13-2012; amending Article IX of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to prohibit Donation Bins within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. 11. Consider a new request from the United States Board on Geographic Names, United States Geological Survey, to either recommend a geographic name or recommend leaving a Barrier Island in Brevard County unnamed. 12. The Mayor and Council discuss/announce scheduling of the required Brownfields Public Hearing for the September 18, 2012 Council Meeting at 6 pm in the Library Meeting Room at 201 Polk Avenue. REPORTS: 7:45 p.m. — 8::00 p.m. 13. Council. 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1220)48 hours in advance of the meeting, e811. ./ - r� , City of Cape Canaveral i''' � � City Council Agenda Form w a City Council Meeting Date: 08/21/2012 Presentation Subject: Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member John Bond. Department: Legislative Services Summary: The Florida League of Cities and the John Scott Dailey Florida Institute of Government have designed an intensive academic program called the Institute for Elected Municipal Officials (IEMO). IEMO assists the elected official in effectively meeting the requirements of their elected role and offers a comprehensive overview of Florida municipal government. The IEMO is a 3-day program and the curriculum includes: • Structure and Functions of Municipal Government • How to be an Effective Council Member • Taxes and Other Sources of Revenue • Budgeting and Accounting • Understanding Intergovernmental Relationships • The Florida Ethics Law and How to Comply with Open Meetings and Open Records Laws John Bond took his Oath of Office on February 21, 2012 after winning the City's Special Election of January 31, 2012 to serve as Council Member with a term of three years. As is customary for newly elected officials in Cape Canaveral, he was scheduled for and attended the 2012 IEMO held June 22-24, 2012 in Tampa, Florida. On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, Mayor Rocky Randels will present Council Member Bond the IEMO Certificate of Completion for eighteen (18) hours of instruction. Submitting City Council Member: Mayor Randels Date: 07-30-2012 Attachments: Letter to Council Member Bond and Certificate Financial Impact: None f Reviewed by Interim Finance Director: John McGinnis Date: s d .. t D.. The City Manager recommends that City Council take t e following action(s): Present the Institute for Elected Municipal Officials Certificate of Completion to Council Member John Bond. Approved by City Manager: David L. Greene a Date: $/g/.j� City Council Action: [ I Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain OUE Op 01> Bi Fire 301 South Bronough Street, Suite 300 + Post Office Box 1757 + Tallahassee, FL 32302-1757 (850) 222-9684 + Fax (850)222-3806 + Web site: www.ficities.com July 17,2012 The Honorable John Bond Council Member, City of Cape Canaveral Post Office Box 326 Cape Canaveral, FL 32920 Dear Council Member Bond: On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, I am pleased to award this certificate to you for the completion of eighteen hours of instruction at the Institute for Elected Municipal Officials in Tampa, Florida on June 22-24,2012. It is our sincere hope that you found the program challenging, informative,and rewarding. Now that you have taken the basic IEMO, we encourage you to attend the Advanced Institute as well as other FLC and lOG programs. You can find the dates and locations on both the IOG and FLC websites at www.iog- fsu.edu and www.flcities.com. We strongly believe that your willingness to complete this program of study is indicative of your commitment to improving the quality of municipal government in Florida.We commend you for this and sincerely thank you. We hope to see you at future LOG and FLC events! Sincerely, Lynn S.Tipton Director of Membership Development Enclosure President Patricia J. Bates, Mayor, Altamonte Springs First Vice President Manny Marano, Mayor,Sweetwater• Second Vice President P.C.Wu, Councilman, Pensacola Executive Director Michael Sittig + General Counsel Harry Morrison,Jr. /'.'.�..;aS i (.._.'R .yt ''qr rJ yi `.`J�i l 4S'd V 9 n ' � .�D nY°��.S -} rte'^` .Jc V , ).,:•,—..',i `� ',ri 4 2 .:? p' /� ?.. � �• �i""'- (,,,, ��. .,'' iJ+�# C -� ' lJ�, L:. .(. .,,^ „, mo ,,, a ...i ..,'...,.a ..., .� °_._" %.,:_:.,..,,,.3 t i _, 1 -,---` t.»✓ • v • - i '� i • r°C,. • • • I y 4e • e y _lIe • o r F rw...4 • - _ ( n1 u cd '''s e-(:' fie_ �"...._� �5,... -t...�� '''��'" �` .�..-< �a'�._..# 1R...., -�..,'} ;,. < e......r` ` ._% >.>o ....,�m..,r .✓ .. - -' ' . City of Cape Canaveral ` City Council Agenda Form --_ City Council Meeting Date: 08/21/2012 Presentation Subject: City of Cape Canaveral Certificate of Appreciation to Life Scout Zack Scott for completion of the Brevard County Sheriffs Office Canaveral Precinct Landscaping Project. Department: Legislative Services Summary: Earlier this year a member of the Boy Scouts of America, Troop 338, Life Scout and Cape Canaveral resident Zack Scott, approached the City with a proposal to landscape the Brevard County Sheriff's Office (BCSO) Canaveral Precinct. He wanted the opportunity to volunteer for and beautify his City along with the chance to gain leadership experience with other Boy Scouts in his troop. As part of his goal to becoming an Eagle Scout, it was Life Scout Scott's choice to make the landscaping of the City's Canaveral Precinct his official project. The Landscaping Project involved several pre-planning meetings with Staff; the actual work took place Monday, March 26, 2012 through Thursday, March 29, 2012. With the assistance of Public Works Services, Life Scout Scott and fellow Boy Scouts conducted plant placement, assembled and installed a bench, placed rocks under downspouts and around plants, mulched and performed post clean-up of the area. The BCSO Canaveral Precinct provided access to restrooms and use of the bay for shade/food area. The Cape Canaveral City Council is proud to present this Certificate of Appreciation in grateful recognition of outstanding public service faithfully rendered to the City of Cape Canaveral for Landscaping the Brevard County Sheriff's Office Canaveral Precinct. 1V4� Submitting City Council Member: Mayor Randels Date: 07-31-2012 Attachment: Certificate Financial Impact: None \). 'f Reviewed by Finance Director: John McGinnis Date: - (9- a� The City Manager recommends that City Coun ake the following action(s): City of Cape Canaveral Certificate of Appreciation to Life Scout Zack Scott for completion of the Brevard County Sheriff's Office Canaveral Precinct Landscaping Project. Approved by City Manager: David L. Greene IL9 111' Date: e8/4 /12 City Council Action: [ j Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain :':46,,V; 'C:4°AriT! 4:''!:F.A'''::::#1;4444:ir:'...kle.'::'''''.:'!t '''11;°iVIU51':'''''....N,ANWI5r. " eki,,°::)55.iiii:4444:0g/:::".1",,). '':"":444:4,0g,rg.' '.114j,,,__.._,6%,1:::'. , �4 75,.+x r:' ,3�..a"BY ..>�+iab'Y3P4v +,�>�.;wt �aii1a�4'„ t..�.+�::�.�� Qk'SS14'�3�' d�'� ...-.. �. 3. ..... X. .... . / 2� ifff•'.:,er.!git,,...: (11.,,Togrik A Ne-1 c....1 ti ,:,. ::.:,,,,:.. „,.,,,„.:,.,21,,..0,...,..tu ,:: c., -+� � ,, 4) Q Cn I/ ...„—...:....,,:. :7:."371. 4)(1( 'V Iii ,.r.ot:::w.11i CZ) iizt rpt - '.. s 4 t � �pt , QJ } -Ta N e`a tt 1-1 NN'-. � ii! 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':::6:;:.,:::, :4•:.;-...'„',' 1 ‘1/44:11) t?t:z"4:6t)0 P.: - ,.j'.,,,,....;:p. .,....—..:::..:..:.:..:..::„....:—...,. ..:....,.... 7 i*-;•f,,:.l:.:.:.:.:(:a,.,:,-..'.k).!.''.4:2:.W'•.',„'•"t;4:-:ii:Ir.:.,,EF'ii,.i':' 1 ) G• ��x SFr S '� ; l �,�'u*'cA`( 3:” 'vr.�.'' _ "yC '� �. . � � -,i, �e,�, 4`1/4 �5' ,� ;;,� �b '� :'�; - ' �. �.,,�'� ,��'”� `:er ;� �1 ` �i�F�: 4 ; �E:`�” ! L, � 'arae k i k' kk s1" =--a +�i +:::: :" . a ;; t �r� ` �` ' ', �. ' � � lib ,`l ' P� ,� � � v "L:.-i! `.. 4,,,,, City of Cape Canaveral Eiiii‘i lk.,, .,,TIA' 44 City Council Agenda Form ' City Council Meeting Date: 0812112012 Interview Subject: Interview Applicant Lynn Peppel for the Library Board. Department: Leisure Services Summary: On May 8, 2012, the Library Board interviewed applicant(s) Marilyn Nicholas and Lynn Peppel for vacancies. Based on their civic interests and appreciation for the Cape Canaveral Library, the Board recommended that the applicants be appointed by the City Council. Per City Code of Ordinances Sec. 2-171(o), after interview and recommendation by the Library Board, applicants are to be interviewed by the Council prior to making an appointment. Marilyn Nicholas was interviewed and appointed by the City Council at its June 19, 2012 meeting. Applicant Lynn Peppel is scheduled to be interviewed by the City Council at tonight's meeting. Submitting Department Director: Robert Lefever Date: 07-16-2012 Attachments: Recommendation by Library Board and Application. Financial Impact: None Reviewed by Interim Finance Director: John McGinnisDate: -7j `7'/Rola The City Manager recommends that City Council take be f (lowing action(s): Interview applicant Lynn Peppel for the Library Board. Approved by City Manager: David L. Greene C 1,4- Date:7/1,� //a City Council Action: [ ] Approved as Recommended [ ] Disappr ved` [ ] Approved with Modifications l ] Tabled to Time Certain Leisure Services Department Me . To Cape Canaveral City Council From Fran Norman,Administrative Assistant Leisure Services&Library Board Tbreasitta Linda Brown,Chairperson,Library Board c: Jenny Morrison,Library ter Robert Lefever, Leisure Services Director Cato May 17,2012 Rem Library Board Member Recommendations At the last Library Board meeting on May 8, 2012,the Library Board voted unanimously to add Marilyn Nicholas and Lynn Peppel to the Library Board and recommends that the City Council appoint these Citizens to serve on the Board. 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill otit an ap_plica tion. City;_Code also prohibits a person from serving on a City Board or Committee if that person has teed—CO-h ted of a felony, unless their civil rights have been restored. ' ` 4` RPR 242Q12 Please complete the following in the space provided: . �� ;' A. GENERAL 1. Applicant Name: AIP� �� pff. 2. Home Address: '7 O 50 S br^ Wo e b q :/ j 3. Home and Cellular Telephone: 14 -3a I,- 3;,11- 17154-73611 4. Occupation: P€- -ice c� 5. Business Telephone: ----° 6. Business Address: -- 7. E-Mail: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) V (N) 3a. Are you a Business owner: (Y) (N) 1 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Brief) state your interest in serving on a City advisory board or committee: 0A Azivr -r , c v a7-/- a. 14,vJ 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* Other: *Member of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: fl ,/,?(.41)-&• -4-7-4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on t e desired board or co ittee. JAL y .k °i- A°4-/-e- k- ,tom L3 Lk D. STATE EPORTING REQ IREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian-American Female Hispanic-American Not Known Native-American V Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. O Your application will remain effective for one year from date of completion. ® If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. 410 Signature: Date: � J Oji 1 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: t7-2°2- Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 4 City of Cape Canaveral 4k. City Council Agenda Form ., City Council Meeting Date: 08/21/2012 Interview Subject: Interview Dennis R. Jenkins and George J. Sweetman for reappointment to the Board of Adjustment. De artment: Administration Summary: Dennis R. Jenkins and George J. Sweetman have served on the Board of Adjustment since January 6, 2009. Their current three-year terms will expire on October 1, 2012. The attached Expiration Notices indicate both Members' desire to serve another term. Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall satisfy the following requirement: complete interviews with the board or committee on which the person is seeking appointment and with the City Council. Additionally, per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed, or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. Currently four (4) out of five (5) of the Board Members terms expire in October 2012. In an effort to stagger terms, Staff recommends Mr. Jenkins and Mr. Sweetman be appointed for a one (1) year term to expire on October 1, 2013 and be eligible for reappointment at that time. Submitting Department Director: Angela Apperson ADate: 08-02-2012 Attachments: Expiration Notices Financial Impact: None \ � Reviewed by Finance Director: John McGinnis Date: © - \el - aO \"-z_i The City Manager recommends that City Council take the following action(s): Interview Dennis R. Jenkins and George J. Sweetman for reappointment to the Board of Adjustment. Approved by City Manager: David L. Greene 0 1J~2- Date: g f,0 bp) City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ?PSS , '`��1r ute, - , ,L, r ` E v City Cape Canaveral jiii i., t, ,-;;OM14,4"- ,tib CITY OR CAPE CANAVERAL July 31, 2012 Dennis R. Jenkins 425 Pierce Ave, Unit 405 Cape Canaveral, FL 32920 Dear Mr. Jenkins: Your term on the Board of Adjustment will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board and return this notice immediately to your Board Secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the City Council Meeting of , 2012 at 6 p.m. Adoption of a Resolution for your re-appointment to the Boar ill follow thereafter. 2,f12- 0 I DO wish to be considered for reappointment. 1ga7 1)E, mo - ❑ I DO LVOT wish to be considered for reappointment. /, ,CKs - -- (Signature) Dennis R. en s, Vice Chair Sincerely, 0.,f1 kfrt frdoe.,1--,. Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org sie.lk`Vre j4 43 s tci.. @x @ i x : F7 =_,., •.„,4i„,,_ J .1, k, , , F. City of Cape Canaveral _ ..... . _ _ CITY OF CAPE CANAVERAL ', . ttiiiV July 31, 2012 George J. Sweetman 7200 Poinsetta Ave Cape Canaveral, FL 32920 Dear Mr. Sweetman: Your term on the Board of Adjustment will expire on October 1, 2012. Please check the box that indicates your desire to continue to serve or not to continue serving on the Board and return this notice immediately to your Board Secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the City Council Meeting of September 18, 2012 at 6 p.m. Adoption of a Resolution for your re-appointment to the Board will follow thereafter. © l DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. ,--'6ee-0-1 /% t- --c (Signature) � g ) George J. Seet n, Board Member Sincerely, ail Angela M. Apperson, MMC Assistant City Manager/City Clerk 105 Polk Avenue • Post Office Box 326 ° Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org .,1.:! :"..`.44, City of Cape Canaveral ,44. ..--i , , City Council Agenda Form City Council Meeting Date: 08/21/2012 Interview Subject: Interview Dr. John Frederickson for reappointment to the Planning and Zoning Board. Department: Administration Summary: Dr. John Frederickson has served on the Planning and Zoning Board since December 7, 1994. His current three-year term will expire on September 15, 2012. The attached Expiration Notice indicates Dr. Fredrickson's desire to serve another term. Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall satisfy the following requirement: complete interviews with the board or committee on which the person is seeking appointment and with the City Council. Additionally, per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed, or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. Should Dr. Fredrickson be reappointed, this begins the first term allowed under the term limits referenced in the Code. Submitting Department Director: Angela Apperson N\ Date: 08-03-2012 Attachment: Expiration Notice Financial Impact: None V4-1" ''. t; Reviewed by Finance Director: John McGinnis Date: g• (9- ta, The City Manager recommends that City Counc take the following action(s): Interview Dr. John Frederickson for reappointment to the Planning and Zoning Board. Approved by City Manager: David L. Greene O`13-2- Date: $iy /p City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain tIV ii' t. � xII 1_ i City of Cape Canaveral l Et`aL ,�- -.. fir„ CITY OF CAPE CANAVERAL Yczzl Y h a xy t S k.Fr. doge July 31, 2012 Dr. John Fredrickson 8716 Croton Ct. Cape Canaveral, FL 32920 Dear Mr. Fredrickson: Your term on the Planning and Zoning Board expires on September 15, 2012. Please check the box that indicates your desire to continue to serve or not continue to serve on the Board for another 3-year term and return this notice immediately to your Board secretary or the City Clerk's Office. If you choose to serve, due to a City Ordinance change, you will be scheduled to appear before the City Council for an Interview at the next City Council Meeting of August 21, 2012 at 6 p.m. Adoption of a Resolution for your re-appointment to the Board will follow thereafter. I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. > ex� ignature) e 0In Fredrickson, Board Member Sincerely, 1t -" Angela M. Apperson, MMC Assistant City Manager/City Clerk AA/mg 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone(321) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org X/074 1/1-- CITY COUNCIL BUDGET WORKSHOP MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 17, 2012 4:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:30 P.M. ROLL CALL: e 4, Yis Council Members Present: "E. Council. Member - •hn Bond Council Member 0® Hoog" r Council Member Bas 'e ,:.0 Mayor Rock ® ndels Mayor Pro TemIP- Betty �4 Others Present: City Manager _ ., ,;= David L. Greene Assistant City Managed `:®rk ,� Angela Apperson Finance Director John McGinnis Building Official Todd Morley "' r Plans ExaminerlBuildinsr spec�® �VGlenn Pereno. Planning and evelopm-11!: - xt Barry Brown Leisure Serax`e D r ., tor Robert Lefever Public WO-ks Services -irecto Jeff Ratliff Public (corks Services Defiputy D r� ® Lonnie Dunn Brevar '� ougnty Sheriff Command J� ' Alan Moros Cape Canal Volunteer ire Dept. Chief Dave Sargeant Cape Canaverkll,VolunteerFire Dept. Assistant Chief John Cunningham DISCUSSION: �_ `^ 1. Proposed Fiscal Year 2012/2013 Budget and Five (5) Year Capital Improvement Plan: Mayor Pro Tern Walsh noted the current year budget is approximately 13 million dollars and the proposed budget is approximately 22 million dollars. She noted the major difference is primarily Capital Improvements, which will be funded by financing. She explained the City has money reserved for some of the Capital Improvements that could reduce the amount of necessary financing. City Manager Greene reviewed the proposed budget. City of Cape Canaveral, Florida City Council Budget Workshop Meeting July 17, 2012 Page 2 of 2 Discussion ensued and included the use of Capital Expansion funds and that these funds can be used for the purchase of equipment if it expands the capacity of service; using existing funding to "buy down" the amount of financing necessary; if a new City Hall is constructed, the possibility of repurposing the existing building as a multi- generational facility; the proposed budget only containing funding for the planning and engineering of a new City Hall, with the construction taking place in future years; using some of the City's reserves to offset proposed financing; another diversification of revenue would be a franchise fee on waste/recycling ollections; proposed Constitutional Amendment # 4 will continue to limit the amours erA Valorem available; the need for a capital depletion reserve account, make a al payment for same, as well as the dollars derived from the sale of assets be. • Aa rued to the fund; the wonderful job stormwater and wastewater have done ;a tendhe life of equipment and facilities; however, there is still a need to do a b iter job projec r. costs by creating master facility plans; that existing Stormwater fe and, Wastewat- yes will fund the proposed debt for those Funds; the need for: further analysis in the.% ities plan to ensure the additional storage of re-use water is recessar ,the cost for s. as well as the need to have the plan for State Revolving Loan Feuhd ng; positioni;. the City to apply for grants by having the necessary tools such a °Jfacilities plans. City Manager Greene committed to: • Providing the Council with a r- ,-s;grL..'on plan forx ting reserves to offset financing necessary to construct aire• z , and City"Hall. • Reducing the salary increase fro ,1,,a full 3'0, ,fit all employees anniversary dates are at the Meginning of the 1scal yearend placing the moneys in the Contingency F" • Reducing tifeltprgjectedWcrease for ,-a h, Dental, Vision and Life Insurance from 10% to 5% Howeve ,,the money'''`_; ill be available within the Contingency line-ite ;� .•• Conse s was rear. ,,to start-the next Workshop meeting at 2:30 p.m. on August 21, 2012 ADJOUR T: There being no er buMness, the Meeting adjourned at 5:55 P.M. Betty Walsh, Mayor Pro Tern Angela M. Apperson, MMC, City Clerk CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 17, 2012 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6,10$,M, and led the pledge of allegiance. ROLL CALL: Council Members Present: r Council Member J:c hn Bond Council Member BobeiVooa . . w Council Member Buzzetsos Mayor Pro Tern „ , Betty WI sh; , Council Member Absent: � V Mayor , Randers Others Present: City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager/Ci ®r 7' Angela Apperson Finance Director �” m John McGinnis Building fficial �� Todd Morley Plana ligand Developments Dire E,® ` Barry Brown Leisure Services Director" ; Robert Lefever Public Wolds Services Director Jeff Ratliff Brevard Coun %Sheriff Commander Alan Maros Cape Canaveral /oluntee(Fire Dept. Assistant Chief John Cunningham PRESENTATIONS I INTERVIEWS: Interview Applicant Ronald Friedman for the Planning and Zoning Board: Attorney Garganese asked Mr. Friedman if the information provided on his application is true and correct; to which Mr. Friedman replied in the affirmative. Attorney Garganese indicated Mr. Friedman has been on the Board for many years and asked him to describe what he enjoys about it and what he believes he contributed. Mr. Friedman reviewed his service on the Board, length of residency in the City, and his work as a Civil and Environmental Engineer in New York State as well as serving as part-time City Engineer for two City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 2 of 5 municipalities. He indicated he enjoys being part of the community and shared his prior involvement. Council Members complimented and thanked Mr. Friedman for his work on the Board. Add on Presentation: MA Multi-Modal Corridor Planning and Engineering Analysis Project: Mr. John Moore, Florida Department of Transportation (FDOT) reviewed the impetus for the Project. He noted FDOT is managing the Project which is stakeholder driven. It blends two types of work projects together; one is a planning effort and the other is an engineering analysis, which will prOdsenough preliminary engineering to go right into the design. This will allow construction to move forward expeditiously. The Project will identify financially feasible as s He stressed this is not designed to require Project Development and Environtalalysis or to require major right-of-way acquisition needed for road wi. g„eSome Some*She improvements may require private funding. Mr. Moore explaine.. e ' •nsultant tea sand the Project flow chart. He reviewed the "Wish List" pres-,,,;.,Ced bye A1A Action o.mmittee, the Speed Limits within the corridor and the pd s� ®'.'ties o educing thud limit by changing the character of the corridor. The next n a •s i �:-: Stakehold�"er Interviews; data collection; documentation of existing condit• • and a Charette. Mr. Moore answered questions which included,:,... finishing the P ® e.t by the end of the calendar year; breaking ground in 2015 or 16; s to dyg whether th , stin. speed limit should be lowered; and that it will not force things lik- roundabouts or .;' panes when a wide bike path is provided. CITY ATTORNEY'S REP` ° ° None AUDIENCE TO BES ARD '0 eiicia Dugan expressed her feelings that it was too hot to ride along A1A and sh rtl .her o "nervations that, 'eople prefer to ride along the Ocean where there is a breeze. CONSENT AGENDA: 1. A ®:rove Minutes forRegule4City Council Meeting of June 19, 2012: t tom% 2. AdoptePsolution N&2012-13; Appointing a Member to the Planning and Zoning Board of City of Cape,Canaveral, Florida; providing for an effective date. (Ronald Friedman): Council Member Hogg requested review of page five of the minutes, where it states "Discussion returned to height and that anything above 45 feet needs to be approved by the City Council and reviewed by the Community Appearance Board." The handout was reviewed and the section was discussed. Council agreed to the following amendment: Consensus, with Council Member Petsos dissenting, was reached to accept the handout which changes Sec. 110-624(1), which allows building City of Cape Canaveral, Florida City Council. Regular Meeting July 17, 2012 Page 3 of 5 heights above 65 feet may be considered pursuant to a Planned Development approved by the City Council on a case-by-case basis. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for the two Consent Agenda items as amended. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. PUBLIC HEARING: 3. Adopt Ordinance No. 10-2012; amending Section W56 • i- City Code to modify the starting time of Regular City Council Meetings From . :00 p pm; providing for the repeal of prior inconsistent ordinances anl`lesolutions; ins+ a,oration into the Code; severability; and an effective date, second reading: Attorney G: , ese read the Ordinance title into the record. A motion was, made by Mayor Pro - Walsh, ��v seconded by Council Member Petsos, to approve. The l ublic Hearin•P as opened. No comments were received and the Public Hearing was closed. The motion carried 4-0 with voting as follows: County H Member Bond, For; Council Member Hoog, For; Council Member Petsos, For, 9' or Randels,*s,ent; and Mayor Pro Tern Walsh, For. fs 4. Adopt Ordinance No. 11-2012; amending" lq-4971ey110, Zoning, of the Code of Ordinances; to create ,a new.Article X. t".lishinq -_'`e Al A Economic Opportunity Overlay District; to ,create new Article ,XI, estabtshing a Planned Development Process; making cif.:orminq al�rendments te; Chapter 110, Zoning; providing for the repeal of prior inconsistent ordinances and solutions, incorporation into the Code, severability, and an effective ca ksecond: eadinq: Attorney Garganese read the Ordinance ti Utz the record. Discuss o"n ensued and included the "Use Matrix"; whether regal off re allowed and the "Flex Space Designation". Mr. Brown iodic. e® the "Use M=,.4" is not a complete listing of uses within C-1, C-2 and M-1 Dist'ic � .onsensus w"e reached that the "Flex Space Designation" will remain in the •"a, , :ance. Th c iscussion moved to the "High Tech Category" and the definition fo e. Cons sus was reached to add two comas to page 8, line 270, so it would r= "Hi• P Technology uses include, but are not limited to, the manufacture". i ussan turned to the addition of a Commercial Parking Facility as a Special Exception i ° he M1 Zoning District, with a lot size limitation of five acres or more and the allow.=nce for parking facilities adjacent to commercial developments. A motion was made by Council Member Hoog, seconded by Council Member Petsos, for acceptance as amended. The Public Hearing was opened. Leo Nicholas read a portion of the Vision Statement and felt the proposed Ordinance violates the Vision Statement. He urged the Council to modify the Ordinance to eliminate the possibility to have buildings taller than 45 feet in height. It was noted the Visioning Report was accepted by the City Council, not adopted. Charles Pindziak encouraged removal of the requirement for a Special Exception related to parking facilities within the City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 4 of 5 M1 District. He urged it be a permitted use. Mr. Barry Brown explained out-side storage requires a Special Exception and parking is a similar use; the current Code requirements for landscaping buffers may not be adequate for a Commercial Parking Facility. Council Comments supported the use of a Special Exception. The Public Hearing was closed. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tem Walsh, For. 5. Economic Development Ad Valorem Tax Exemption: a. Adopt Ordinance No. 12-2012, granting an Econom;a Development Ad Valorem Tax Exemption to Oxysonix Corporation; providing an ex - F i - date for the exemption; finding that the business meets the requirements Mt Section196.012(15), Florida Statutes; providing for proof of eligibility for exemption; providin• .� equirement for an annual report; providing for the repeal of prior inconsistent ordinan - and resolutions, severability, and an effective date, second reading: Attorney Gar .-.-se read the Ordinance title into the record. A motion was .made rfby Council Me < ;;"-I. Petsos, seconded by Council Member Hoog, for approvals sof,,Ordinance , o. 12-2012. Oxysonix representative Gary Mussleman explained Brevard County approved the request for exemption. He reviewedethe focus of thesonix Corporation is to create products that allow carbon fuel to burn cleaner. He indicated ,the experience of the engineers in the area will support thei.bus ess focus. The work they will be doing is engineering and testing. He indicated the propped facilitys almost perfect for them. They do not anticipate manufacturing at 4this,facility •R Public Hearing was opened. Patricia Dugan agreed t� , need to redi416 hydro carbons; but wanted to know what type of impacts this Cility" If. have on the environment, to which Mr. Mussleman responded there ,oiDo pollu.y ts. The Public Hearing was closed. The motion carried 4-0 with voti? -s fo ows: Counci ;Member Bond, For; Council Member •Hoog, For; Council Me `be °✓1 .ayor Randels, Absent; and Mayor Pro Tem Walsh, EO, ¢�,. W 'yam,. b. Approve the Economic ,centive Agreement with Oxysonix Corporation: A motion x as made byi ouncil Member Petsos, seconded by Council Member Bond, to'approve the Agreement. The motion carried 4-0 with voting as follows: Council Member Bond, Fr; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. Alt ITEMS FOR ACTIONik 6. Resolution 2012-12, adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 201212013 on all taxable property located within the City of Cape Canaveral, Brevard County, FloridaLproviding for an effective date: Mayor Pro Tem Walsh indicated the millage rate is not going to change. The next budget meeting is set for August 21, 2012 at 2:30 p.m. It was noted the approval tonight will be forwarded to the Property Appraiser for notification of the property owners; as well as the adoption of a rate that will lock the City to this rate or a lower rate, unless the City of Cape Canaveral, Florida City Council Regular Meeting July 17, 2012 Page 5 of 5 property owners are sent another public notice. Attorney Garganese read the Resolution Title into the record. A motion was made by Council Member Hoog, seconded by Mayor Pro Tern Walsh, for adoption. Council compliments were given. for the budget preparation and the ease of understanding the document. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. REPORTS: 7. Council ; ` 4,4 vwf Council Member Bond remarked the real estate ma .. is°changingt a faster pace. He indicated people are receiving multiple offers o,m •ro:erty and owners are no longer accepting less than asking price. He noted positive impact this‘have on the City's financial position. Mayor Pro Tern Wal + oted the.. •rojected taxbase is less than 1%. She indicated there is not a to proertyy available within the City. City Manager David Greene noted last year there ®'a 13-14% decrease in taxable value of the Community. Councill, Member Petso-> .nd Mayor Pro Tern Walsh 4631,complimented Staff on the budget work.lg Mayor Pro alsh noted the Budget is veryaggressive, but it willget the Cit wherein eeds to be. gg Y s ' �44 ADJOURNMENT: There being no further •usin °,the Meeting,adjourned at 7:41 P.M. Betty Walsh, Mayor Pro Tern Angela M. Appear,son, MMC,City Clerk ��ar,Fn tic ,,,. City of Cape Canaveral s4, kit 41/ AICity Council Agenda Form F •'AiiiiiiiiiV' City Council Meeting Date: 08/21/2012 Item No. Z Subject: Adopt Resolution No. 2012-11; Appointing a Member to the Library Board of the City of Cape Canaveral, Florida; providing for an effective date. (Lynn Peppel) Department: Legislative Summary: On May 8, 2012, the Library Board interviewed applicant(s) Marilyn Nicholas and Lynn Peppel to fill vacancies. Based on their civic interests and appreciation for the Cape Canaveral Library, the Board recommended that Ms. Nicholas and Ms. Peppel be appointed by the City Council, as voting members. Ms. Nicholas was previously interviewed and appointed to the Library Board at the June 19, 2012 City Council meeting. After having conducted an interview at tonight's meeting of applicant Lynn Peppel, it is now incumbent upon the City Council to appoint her to the Library Board. Submitting Department Director: Angela Apperson tfifi Date: 07-16-2012 Attachment: Resolution. No. 2012-11 Financial impact: None Reviewed by Finance Director: John McGinnis ate: 7/e Q f The City Manager recommends that City Cou it take the following a tion(s): Adopt Resolution No. 2012-11. Approved by City Manager: David L. Greene 0 Date: 7/Ji //2, City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2012-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Lynn Peppel is hereby appointed as a Member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2015. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of August, 2012. Rocky Randels, Mayor ATTEST: Name For Against Angela M. Apperson, City Clerk John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney °E "° City of Cape Canaveral Jr City Council Agenda Form City Council Meeting Date: 08/21/2012 Item No. 3 Subject: Adopt Resolution No. 2012-14; Reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral, Florida; providing for an effective date. (Dr. John Fredrickson). Department: Legislative Summary: After having conducted an interview at tonight's meeting of Planning and Zoning Board Member Dr. John Fredrickson, it is now incumbent upon the City Council to reappoint him as a Member of the Board. Submitting Department Director: Angela Apperson Ak\ Date: 08-06-2012 Attachment: Resolution, No. 2012-14 Financial Impact: None 1-1P Reviewed by Finance Director: John McGinnis Date: Kg. G., 1-;.. The City Manager recommends that City Counc ake the following action(s): Adopt Resolution No. 2012-14. Approved by City Manager: David L. Greene 0 Date: 9/4 /0-- City /2City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2012-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. John Fredrickson is hereby reappointed as a Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2015. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of August, 2012. Rocky Randels, MAYOR ATTEST: Name For Against Angela Apperson, Assistant City John Bond Manager/City Clerk Bob Hoog Buzz Petsos Approved as to Form: Rocky Randels Betty Walsh Anthony A. Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/21/2012 Item No. Subject: Adopt Resolution No. 2012-15; Reappointing Members to the Board of Adjustment of the City of Cape Canaveral, Florida; providing for an effective date. (Dennis R. Jenkins and George J. Sweetman) Department: Legislative Summary: After having conducted interviews at tonight's meeting of Board of Adjustment Members Dennis R. Jenkins and George J. Sweetman, it is now incumbent upon the City Council to reappoint them as Members of the Board. Currently four (4) out of five (5) of the Board Members terms expire in October 2012. In an effort to stagger terms, Staff recommends Mr. Jenkins and Mr. Sweetman be appointed for a one (1) year term to expire on October 1, 2013 and be eligible for reappointment at that time. Submitting Department Director: Angela Apperson Date: 08-06-2012 Attachment: Resolution. No. 2012-15 Financial Impact: None ` ( ` Reviewed by Finance Director: John McGinnis`, Date: $, lb _ 201-2. The City Manager recommends that City Council take the following action(s): Adopt Resolution No. 2012-15. Approved by City Manager: David L. Greene 011-4- Date: Biro f/2 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2012-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Ordinance No. 11-2005 (Zoning Code Section 110-2) created a Board known as the Board of Adjustment; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Dennis R. Jenkins and George J. Sweetman are hereby reappointed as Members of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2013. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of August, 2012. Rocky Randels, MAYOR ATTEST: Angela M. Apperson, Assistant City Manager/City Clerk City of Cape Canaveral Resolution No. 2012-15 Page 2 Name For Against John Bond Robert Hoog Buzz Petsos Rocky Randels Approved as to Form: Betty Walsh Anthony A. Garganese, City Attorney City of Cape Canaveral tizi.. 1ii,( 14. City Council Agenda Form City Council Meeting Date: 08/21/2012 Item No. Subject: Adopt Resolution No. 2012-17 related to the adoption of the Tentative Proposed Millage Rate. Department: Financial Services Summary: On July 17, 2012; Resolution No. 2012-12, adopting a Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2012/2013 on all taxable property located within the City of Cape Canaveral, Brevard County Florida; Providing for an Effective Date, was adopted by the City Council. Section 1 of the Resolution provides the amount the proposed Ad Valorem rate is above/below the rolled-back rate. After submitting the DR-420 Certification of Taxable Value to the Property Appraiser's Office a scriveners error was discovered in the Resolution. The error changes the percent decrease from the rolled-back rate from .1203% as stated in the Resolution to .1201%. Resolution No. 2012-17 is proposed to correct the error. Submitting Department Director: John McGinnis c Date: 4/17��d/ Attachment: Resolution No. 2012-17 Financial Impact: Staff and Attorney's Office time to prepare documents. Reviewed by Finance Director: John McGinnis Date: 2/1V,Ro The City Manager recommends that City Counci ake t e following action(s): Adopt Resolution No. 2012-17 related to the adoption of the Tentative Proposed Millage Rate. Approved by City Manager: David L. Greene 0" 1- Date: bii/v/( City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2012-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CORRECTING THE PERCENTAGE DECREASE FROM THE ROLLED-BACK RATE PREVIOUSLY SET FORTH IN RESOLUTION NO. 2012-12; RESTATING RESOLUTION NO. 2012-12 IN ITS ENTIRETY WHICH ADOPTED THE TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2012/2013 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; PROVIDING FOR A RETROACTIVE EFFECTIVE DATE. WHEREAS, on July 17, 2012, the Cape Canaveral City Council adopted Resolution No. 2012-12, which resolution adopted the tentative proposed millage rate for the levy of ad valorem taxes for fiscal year 2012/2013 on all taxable property located within the City of Cape Canaveral; and WHEREAS, Resolution No. 2012-12 reflected the incorrect percentage decrease from the rolled-back rate; and WHEREAS, the City Council desires to adopt this Resolution in order to correct the percentage decrease from the rolled-back rate; and WHEREAS, this Resolution shall further restate Resolution No. 2012-12 in its entirety and shall become retroactively effective on July 17, 2012, the date of the City Council's original adoption of the tentative proposed millage rate. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 4.0739 mills on the dollar of taxable value for the 2012/2013 Fiscal Year for the City of Cape Canaveral, Florida. This millage is a .1201% decrease from the rolled-back rate of 4.0788. City of Cape Canaveral,Florida Resolution No.2012-17 Page 2 Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.5000 mills for Beautification General Operating Millage, as approved in the 1986 referendum election. This tentative proposed Ad Valorem Tax shall be levied upon the 2012 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2012 and ending September 30, 2013. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0739 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed Ad Valorem Tax shall be levied upon the 2012 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2012 and ending September 30, 2013. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.5000 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative proposed Ad Valorem Tax shall be levied upon the 2012 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2012 and ending September 30, 2013. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 2.0000 mills for Police Services General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative proposed Ad Valorem Tax shall be levied upon the 2012 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1,2012 and ending September 30, 2013. City of Cape Canaveral,Florida Resolution No.2012-17 Page 3 Section 6. This Resolution shall become retroactively effective on July 17, 2012. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 21st day of August, 2012. Rocky Randels, Mayor ATTEST: Name For Against Angela Apperson, MMC, City Clerk John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral . City Council Agenda Form City Council Meeting Date: 08/21/2012 Item No. Subject: Approve a Task Order for Baskerville-Donovan, Inc. (BDI) in the amount of $71,980 for the completion of a Wastewater/Stormwater Facilities Plan as required by the State Revolving Fund (SRF) Program administered by Florida Department of Environmental Protection (FDEP). Department: Public Works Services. Summary: The City tasked BDI to prepare a Wastewater/Stormwater Facilities Plan which is required for the approval of projects in FDEP's SRF Program. With the inclusion of several future amendments, the Facilities Plan is considered a Master Plan for both stormwater and wastewater. The City's last Stormwater Master Plan was prepared in 2000; the City's last Condition Assessment for the Cape Canaveral Wastewater Treatment Facility was prepared in 2006. The Wastewater/Stormwater Facilities Plan will include project descriptions, estimated costs and timelines for the completion of four wastewater and six stormwater projects included as part of the City's Capital Improvement Plan (CIP). BDI was one of the engineering firms selected by the City for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A Master Services Agreement for these services has already been signed between the City and BDI. A copy of BDI's Task Order to prepare the Wastewater/Stormwater Facilities Plan is included as an attachment. Submitting Department Director: Jeff Ratliff Date: 08/13/12 Attachment: BDI Task Order. Financial Impact: There are sufficient Wastewater and Stormwater Funds to cover the cost. Reviewed by Finance Director: John McGinnis Date: d/I*0 D/o� The City Manager recommends that City Counc. take e following action(s): Approve a Task Order for BDI in the amount of $71,980 for the completion of a Wastewater/Stormwater Facilities Plan as required by the SRF Program administered by FDEP. Approved by City Manager: David L. Greene (9` '' Date:S//j City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment BDI Task Order TASK ORDER CITY OF CAPE CANAVERAL WASTEWATER AND STORMWATER IMPROVEMENTS PROJECT FACILITY PLANNING SERVICES Section I. BACKGROUND The City of Cape Canaveral is in the midst of important improvements to the City's existing wastewater and stormwater systems. To support these improvements, the City Staff has identified the use of the very cost-effective funding source, the low-interest FDEP State Revolving Fund (SRF) Loan Program. To assist the City of Cape Canaveral with the SRF Facility Planning Services, the City has selected the professional consulting services of Baskerville-Donovan, Inc. (BDI). This Task Order will allow the BDI Team to provide the SRF Facility Planning Services for these important wastewater and stormwater system projects. Section IL SCOPE OF SERVICES - Planning Services TASK 1 —SRF FUNDING ASSISTANCE The BDI Team will provide the City of Cape Canaveral with Wastewater and Stormwater System State Revolving Fund (SRF) Program funding assistance through the preparation of the SRF Facility Planning documentation. The City will need to complete SRF Facilities Planning documentation plus other SRF services to be able to attain the SRF low—interest funding source. The BDI Team will be responsible for the preparation of a single Wastewater and Stormwater System State Revolving Fund (SRF) Program facility planning document. The City of Cape Canaveral/BDI Team has identified the following list of ten (10)wastewater and stormwater projects to be included in the FDEP SRF Loan Program Facility Planning process. City of Cape Canaveral Wastewater and Stormwater Projects The City of Cape Canaveral specific Wastewater and Stormwater Projects are as follows: 1) WWTP Oxidation Ditch Improvements 2) WWTP Belt Filter Press Improvements 3) 3MG Reclaimed Water Storage Tank and Pump Station 4) Culvert for North Central Ditch - Phase I 5) Culvert for North Central Ditch - Phase II 6) North Atlantic Ave Streetscape Stormwater Portion 7) West Central Pipe Replacement 8) Central Ditch Dredging 9) Canaveral City Park Stormwater Exfiltration System at Park 10) Holman Rd Sanitary Sewer System (2000 LF Pipe Replaced) 1.1 SRF Project Facility Planning Services The BDI Team will provide the City of Cape Canaveral with project planning services that will allow the City to use the FDEP SRF Clean Water Program. These services will include the preparation of a Water Facilities Plan as required by the FDEP BWFF, provide an Engineer's opinion of probable construction cost info for the capital finance plan, assist at the public hearing, and coordination with the City, the FDEP BWFF, the Berryhill Group, and Raftelis Financial Consultants related to the SRF Program Requirements. The specific activities to be completed are provided as follows: 1) Preparation of the City's 20-Year Wastewater & Stormwater Facilities Plan including the following tasks: o Collect and compile data on Wastewater/Stormwater projects and City existing planning docs o Field Visits to some Project Sites o Facility Planning Service Area, Population, and Flow Projections o Development of WastewaterlStormwater Project Concepts and Alternatives (10 Projects) o Evaluation of Projects and Alternatives (10 Projects) o Engineer's Opinion of Probable Construction Costs o Preferred Wastewater/Stormwater Projects (10 Projects) o Draft Wastewater/Stormwater Facilities Plan o Coordination & Cost Information for Draft Capital Financing Plan (w/Raftelis) o Assistance for Public Hearing Approvals o Environmental Clearance Process Assistance(FONSI)to Expedite o Coordination w/City, FDEP BWFF, Berryhill Group on SRF Requirements o Review Facility Plan with Client Meeting (1) o Final Wastewater/Stormwater Facilities Plan 2) Assist at the SRF Program Public Hearing 3) Coordinate with the City, FDEP BWFF, the Berryhill Group, and Raftelis Financial Consultants on SRF Program Requirements Section III. SUBCONSULTANTS The BDI Team will include the subconsultant services of Infrastructure Solution Services for this task order. BDI will coordinate with the City's direct subconsultants, The Berryhill Group & Raftelis Financial Consultants. Section IV. PERMITTING No permits will be required on this planning task order. Section V. OWNER'S RESPONSIBILITY The City of Cape Canaveral will provide all planning documentation, related design documents, and City guidance documentation required to prepare this SRF Facility Plan. The City will provide specifics on the projects that are desired to be added to the Facility Planning documentation. The City will review and provide comments on the draft Facility Plan documentation. The City will direct hire the subconsultants, The Berryhill Group & Raftelis Financial Consultants. Section VI. DELIVERABLES The BDI Team will provide the following deliverables to the City of Cape Canaveral: 1. Three (3) copies of the draft Wastewater/Stormwater Facilities Plan 2. Ten (10) copies of final Wastewater/Stormwater Facilities Plan 3. One (1) Electronic copy of the final Facilities Plan in PDF format. 2 Section VII. SCHEDULE BDI Team project schedule was developed based on similar Facilities Planning work completed by the BDI Team. TASK NAME TASK CUMUL DAYS DAYS Draft Facilities Plan 60 60 Owner Review & BDI QC Review 10 70 Final Facilities Plan 20 90 Total Project Duration 90 Section VIII. METHOD OF COMPENSATION The City of Cape Canaveral shall compensate the BDI Team for the Facility Planning Scope of Services as specified prior in this task order for a lump sum fee amount of Seventy One Thousand Nine Hundred and Eighty Dollars and Zero Cents ($71,980.00). At the direction of the City of Cape Canaveral and BDI Agreement, BDI may be requested to provide additional services including but not limited to special studies, such as GIS services, surveying services, etc. These additional services would be requested and approved by the City of Cape Canaveral. BDI shall invoice the City of Cape Canaveral monthly based on the percentage of work actually completed on this project. The cost breakdown for this City of Cape Canaveral SRF Planning Project is shown on the attached table. Section IX. ACCEPTANCE If the above scope and fees meet your approval, please indicate by your signature in the space provided below and return one (1) signed copy which will constitute an "Agreement and Notice to Proceed" for the accomplishment of this work. BASKERVILLE-DONOVAN, INC. CITY OF CAPE CANAVERAL Thomas Vill, P.E. Regional Manager, V.P. Date Date 3 m oaN er0Q CO N mm N N m'N O0(ca 0t !� ,- N r 'co o N. ! t 4 N 1tJ o F r. 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La 44 ma ° m m E.E m a U i � r m awwwm° cz t zc `°' a d a = 2 m ' u 2 ma, K 2 12ye- aaaa 12 00000.1 H m Sax ur F I- 00000m 2 ( U7 wUiW City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/21/2012 Item No. 7 Subject: Ratify Proposed Events and Expenditures for the City's 50th Anniversary Nine-Month Celebratory Campaign. Department: Administrative Services Summary: In the Fall of 2011, administrative direction was given to form a 50th Anniversary Staff Committee to coordinate the celebration of the City's 50th Anniversary in 2013. Preparation for this historic event began in the 20/11/12 Fiscal Year and $25,000 was earmarked for this activity; $50,000 is proposed for the 2012/13 Fiscal Year. The Committee was formed in December 2011, comprised of at least one employee from each department. At its inaugural meeting in January 2012, the Committee discussed celebrating the City's 50t Anniversary by "piggybacking" off successful Leisure Services events already in place. May 16, 2013 is the official date of the City's incorporation and a Nine-Month Celebratory Campaign, with three proposed "Hallmark" events, was proposed by the Committee. As a prelude to the Nine-Month Celebratory Campaign, a 50th Anniversary Proclamation will be placed on the September 18, 2012 City Council agenda proclaiming September 29, 2012 through May 25, 2013 as the Nine-Month Celebration of the City's 50th Anniversary. The three proposed "Hallmark" events are: (1) "Kick-Off" event to be held in conjunction with the Space Coast Music Festival on Saturday, September 29, 2012, noon to 10 pm at Manatee Sanctuary Park, (2) Southern Style BBQ/Heritage Day event to be held in conjunction with the Spring Festival/Car Show on Saturday, March 23, 2013, noon to 4 pm at Manatee Sanctuary Park and (3) Invitation Only Formal Reception held prior to the May 25, 2013 City Council meeting. The Committee also proposed the creation of a Commemorative Calendar, in which City businesses would be given the opportunity to participate, at no cost to them. Calendars would be complimentary to businesses and available for sale to the general public. Throughout the Nine-Month Celebratory Campaign, (1) limited edition commemorative memorabilia (window clings, sandstone coasters, pens, bumper stickers, lapel pins, acrylic paper weights, T-shirts, tote bags, copies of the City's history video and calendars) will be available for sale, (2) Anniversary Seals will be placed on all City correspondence/agendas, etc., (3) Leisure Services will display an Anniversary Banner at its events and (4) an Anniversary Banner will be displayed behind the City Council dais. The Committee's Proposal (attached) was presented and accepted at the April 24, 2012 meeting of the Culture & Leisure Services Board with a recommendation that the Committee investigate Anniversary Pole Banners. Staff secured three bids and installation of Banners began the week of August 13 along A1A, to be followed by N. City Council Meeting Date: 08/21/2012 Item No. 7 Page 2 of 3 Atlantic and Ridgewood Avenues. The Committee presented an update (attached) to the Culture & Leisure Services Board at its July 24, 2012 meeting. The Committee desired something of a permanent nature to commemorate the City's 50th Anniversary and consensus was reached to celebrate the beloved sea turtles. The area's protected species of sea turtles (Loggerhead, Green Turtle and Leatherback) were, indeed, among the earlier settlers on the barrier island. Based on fossil records, they were part of the late Jurassic Period. It is believed that these sea creatures were once land animals that evolved to spend most of their time in the water in order to survive. It is suggested that they once had four appendages instead of the flippers they have today. There is evidence to suggest that these early sea turtles were meat eaters; they would have lived off prey that was on land. When that was not available, they had to evolve in order to live on what was found in the waters around them. The one part that did not change was the deposit of their eggs on land. They have come so far throughout history by evolving, yet they continue to be threatened with their survival due to human destruction of them and their natural habitat. The City's Ordinance and a good amount of Staff time is focused on protecting each new generation of these species. Through an annual series of night-time Code Enforcement inspections with Brevard County, educational/outreach tools and grant- funded compliance alternatives, the artificial illumination of the beach continues to decrease during the annual nesting season. The success of the "Lights Out for Sea Turtles" campaign and a greater acknowledgement of human duties as stewards of the environment were interwoven into the Committee's vision for an original artistic creation, depicting these sea turtles "swimming" in their natural environment. Four artists were solicited, provided with the Committee's vision and the established budget of $20,000. The criteria presented to the artists were (a) durability of materials/low maintenance, (b) eye pleasing and (c) turn-key installation. Based upon a competitive selection process, Watts Falls & Features of Clermont, Florida, was chosen to construct an original Sculpture depicting the area's protected species of sea turtles "swimming" over waves/coral at a cost of $19,990. This firm has over (13) years of experience and has fabricated award-winning sculptural elements and museum-quality rock work. Their extraordinary works of art can be found at theme parks, hotels and casinos including Islands of Adventure, Animal Kingdom, Los Angeles Zoo and Isle of Capri Casino. Their proposal includes all materials, labor and engineering necessary to construct a high detail artificial rockwork Sculpture. The design will be based on a one-inch scale model provided by Watts Falls & Features, with final approval provided by the City. They will construct the Sculpture per model and engineered shop drawings using steel rebar, angle iron, 3,500 PSI shotcrete, plaster finish coat, acrylic vinyl paints/stains and clear seal coat. The Sculpture will be approximately six feet wide, six feet deep and six feet high and constructed on site at its permanent location, Manatee Sanctuary Park, which is a riverside amenity that supports local culture and provides a waterfront gathering place (site plan attached). It will be unveiled at the Southern Style BBQ/Heritage Day event (picture of scale model attached). City Council Meeting Date: 08/21/2012 Item No. 7 Page 3 of 3 Members of the Cape Canaveral community and surrounding areas are encouraged to participate in the upcoming celebration events. Submitting Department Director: Angela Apperson on behalf of the 50th Anniversary Staff Committee Date: y /(3 ( 7-V17.- Attachments: (1) Committee's Proposal to Cul ure & Leisure Services Board on April 24, 2012, (2) Committee's Update to Culture & Leisure Services Board on July 24, 2012 and (3) Proposed Sea Turtle Sculpture (one-inch scale model) and (4) Proposed Sea Turtle Sculpture Site Plan Financial Impact: $75,000 in expenses will be offset by the sale of commemorative memorabilia. Reviewed by Finance Director: John McGinnis a ate: )/3/a /4k The City Manager recommends that City CounVil talfr the following action(s): Ratify Proposed Events and Expenditures for the City's 50th Anniversary Nine-Month Celebratory Campaign. Approved by City Manager: David L. Greene Date: cg 3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain CITY'S 50TH ANNIVERSARY STAFF COMMITTEE PROPOSAL FOR PRESENTATION TO CULTURE & LEISURE SERVICES BOARD TUESDAY, APRIL 24, 2012 Background/Overview of Committee Several months ago, the Assistant City Manager tasked the City Manager's Administrative Assistant with coordinating the City's celebration of its 50th Anniversary on May 16, 2013. A Committee was created consisting of the following individuals: Kim McIntire, Administrative Assistant to City Manager Todd Morley, Building Official Jeff Ratliff, PWS Director Lonnie Dunn, PWS Deputy Director Robert Lefever, Leisure Services Director Fran Noituan,Administrative Assistant, Leisure Services Andi Binney, Recreation Coordinator, Leisure Services This event has a $25,000 Budget for FY 2011/12 and a $25,000 Budget for FY 2012/13. Due to limited funds, it was the consensus of the Committee to celebrate the event by "piggybacking" off successful Leisure Services events already in place. The Committee is pleased to present the following proposal for your consideration: The celebration of the 50th Anniversary will be a nine-month campaign, commencing with the first of three Hallmark Events: The "Kick-Off' is being held in conjunction with the Space Coast Music Festival, Saturday, September 29, 2012, noon to 10 pm at Manatee Sanctuary Park. Mr. Lefever has requested that the event promoter research a headliner act as the Committee wishes to broaden its choices and is looking for name recognition. The City will have a"Limited Edition, Commemorative Memorabilia" donation table. City Historian will have a table with copies of the City's Oral History CD available for sale and pictures of past City Officials and other meaningful historical memorabilia. The second Hallmark Event is a Southern Style BBQ/Heritage Day event being held in conjunction with the Spring Festival/Car Show, Saturday, March 23, 2013, noon to 4 pm at Manatee Sanctuary Park. ***Subsequent to this Presentation, $50,000 is being proposed in Budget for FY 2012/13. The third Hallmark Event is an invitation-only Foimal Reception being held prior to the May 2013 City Council meeting. Commemorative T-Shirts will feature artwork submitted by the schools that participated in the Annual Student Art Show. Committee will select winning artwork in May. Winner will be recognized at the "Kick-Off' event and receive two (2) complimentary tickets to Universal Studios. As a way for the City to give back to our local businesses, they are being offered the opportunity to be included in a Commemorative Calendar. Calendars will be complimentary to businesses and available for sale to the general public. During the entire nine-month campaign: • Anniversary seals will be affixed to all City documents, • Leisure Services events will include a"tag" on all their events, • Anniversary banner will be displayed in back of the City Council dais, • Anniversary banner will be displayed at all Leisure Services events, • Memorabilia will be displayed at City facilities and available for sale at City Hall. Press coverage/advertising campaign will commence September 1, 2012. Mayor Randels will work on securing dignitaries to attend the three Hallmark Events. 50TH ANNIVERSARY UPDATE FOR PRESENTATION TO CULTURE & LEISURE SERVICES BOARD TUESDAY,JULY 24, 2012, 5:30 PM Building Official Todd Morley and Leisure Services Director Robert Lefever met with EARTH Awareness on July 20th to discuss site plan revisions and bands; they are still trying to secure a headliner act for the September 29, 2012 event. Revised site plan was distributed to members. Draft Event Posters were distributed to members. Poster announcing the Kick-Off event will be framed and presented to winning student along with two complimentary tickets to Universal Studios at the September 29, 2012 Kick-Off event. (Winning student is Tia Thomas from CB Jr/Sr High School. T-Shirts are in production and will be available for sale along with the other commemorative, limited edition memorabilia at the Kick-Off event and at the March 23, 2013 BBQ/Heritage Day event. Memorabilia will be available for sale at City Hall throughout the nine-month event. Commemorative Pole Banners are due in the week of July 30; will be placed along AlA, N. Atlantic Avenue and Ridgewood Ave. The City's Blackboard Connection program will be utilized to notify the community of the Kick- Off and BBQ/Heritage Day events. Other advertising tools include monthly updates on the City's Home Page, Cocoa Beach Regional Chamber of Commerce's e-calendar, posters/flyers, CH and Leisure Services Marquees, Press Tribune, Florida Today, Weekly Updates and Action Tracking. The Committee interviewed four artists and has selected the artist who will create a Sea Turtle Sculpture which will be unveiled at the BBQ/Heritage Day event on Saturday, March 23, 2013. The sculpture will be a weather-durable, custom piece of artwork featuring our three protected species of sea turtles and will commemorate the City's 50th Anniversary in a classic and elegant manner. The sculpture will be constructed on site at its permanent location, Manatee Sanctuary Park, and will include (1) 50th Anniversary Commemorative Plaque and (3) plaques describing each sea turtle, making it not only a beautiful piece of art, but an educational tool as well. The Committee will contact the selected artist by the end of this week once their final written quote has been received. We expect to have a draft contract from the City Attorney, which will include the required amount of insurance the artist must carry, by the end of the week. To date, (8) businesses have expressed interest in being included in a Commemorative Calendar; also included will be a photograph of the Anniversary Committee and miscellaneous City photographs. An Anniversary Banner will be proudly displayed behind the City Council dais beginning with the September 18, 2012 meeting and will stay up through May 2013. A Proclamation declaring a nine-month celebration of the City's Anniversary will be read by the Mayor at the 9/18/2012 council meeting. Leisure Services will display an Anniversary Banner at all their events during the nine-month campaign. A Volunteer meeting will be scheduled in September to discuss assigned tasks at the Kick-Off event. 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'-' 011111 ' \ -• •• 0 # •-i,,, 'I'C'',%.,,,\::::,;\':\\‘‘,",\N" \\ / .."- ''' ..4:, al .E.; ...) i . it Illk I., ...\\ \, • t t" \'`.:• w / \ g , ht'-• ) 1. •"' .-i O ,..• g k. cr. , vs ' x 'A- - % City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 8/21/2012 Item No. F Subject: Approve Task Order with Kimley-Horn and Associates, Inc. to prepare the Community Redevelopment Plan as required by Florida Statutes to establish a Community Redevelopment Agency and authorize the City Manager to execute it on the City's behalf. Department: Planning and Development Summary: The preparation and adoption of a Community Redevelopment Plan (CRP) is required by Section 163, Part III, Florida Statutes in order to create a Community Redevelopment Agency (CRA). The total cost of the Community Redevelopment Plan per the task proposal/order is $55,900. Phase I of the CRP was approved by the City Manager on July 26, 2012 in the amount of $18,500. Phase 2, in the amount of $37,400, requires Council approval. Phase I of the Community Redevelopment Plan is currently being prepared by Kimley- Horn and Associates, Inc. Upon completion of Phase 2 and after review by the Local Planning Agency (P&Z Board), the Plan will be provided to the CRA Board (City Council) for consideration and approval. The Community Redevelopment Plan will include potential redevelopment projects, programs and funding sources. After adoption of the Community Redevelopment Plan by the CRA Board (City Council), it will be forwarded to Brevard County for review. Upon approval by Brevard County, the CRA (City Council) will adopt the Redevelopment Plan and create a Trust Fund for the deposit of CRA funds, including Tax Increment Financing revenues. Submitting Department Director: Barry Brown "r Date: 8/13/2012 Attachment: Task Order for Preparation of the CRA Community Redevelopment Plan. Financial Impact: Moneys are available in the FY 2011/12 Idget this Task Order. Reviewed by Interim Finance Director: John McGinnis Date: `S l3- a.Dta The City Manager recommends that City Council take t following action(s): Approve Task Order with Kimley-Horn and Associates, Inc. to prepare the Community Redevelopment Plan as required by Florida Statutes to establish a Community Redevelopment Agency and authorize the City Manager to execute it on the City's behalf. Approved by City Manager: David L. Greene 0` )-'1- Date: S t cf r)2 CityCouncil Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Kimley-Horn and Associates. Inc. June 26,2012, Revised July 26,2012 9Lae 200 2601 Cal€ema'i Road Sareola,Florida 34232 Mr. Barry Brown, Planning and Development Director City of Cape Canaveral 7510 N. Atlantic Ave Cape Canaveral, Florida 32920 Re: City of Cape Canaveral Community Redevelopment Area Redevelopment Master Plan Dear Mr. Brown: Kim€ey-Florn and Associates. Inc. ("KI-1A"or"the Consultant")is pleased to submit this Task Order to the City of Cape Canaveral(the"Client"or the `City") for providing services as a continuation of our agreement of June 6,2011, to prepare the City of Cape Canaveral Community Redevelopment Area Master Plan. Our project understanding, scope of services,and fees are described below. PROJECT UNDERSTANDING In accordance with its Vision Statement.The City of Cape Canaveral is focusing efforts towards creating vibrant,sustainable redevelopment areas along its main commercial corridors including the supporting residential neighborhoods. The City is pursuing, and anticipates receiving, preliminary approval from Brevard County-for the creation of a Community Redevelopment Agency(CRA)such that the vision can become a reality. We understand the City desires to develop a plan that meets the minimum statutory requirements. Upon creation of the CRA,a Redevelopment Plan is required to be prepared under the state statutory requirements of Section 163, Part III. The Redevelopment Plan will he coordinated with applicable City plans, Preliminary Finding of Necessity.development codes. long-range transportation and other improvements within the redevelopment area. KI-IA understands this Task Order is divided into two Phases and the City will authorize Phase I services only at this time. 1C.HA will not proceed with undertaking the services in Phase 11 until authorized to do so in writing. KIR has provided a schedule of tasks portions of which are subject to City public notice requirements. It is understood the City will be responsible for the preparation of public notices and scenting meeting facilities. TEL 941379 7606 EA:4 941 379 4352 PP- Wit %, Kim ley-Horn \Ir.Barry riromn.Plunnin?and Development Director and Associates, Inc. June 26.2012, Revised Ink 26.2012.tate 2 SCOPE OF SERVICES COMMUNITY REDEVELOPMENT AREA.PLAN KHA and City staff will prepare a Community Redevelopment Master Plan that meets the minimum requirements of Section 163, Part III, Florida Statutes through the following tasks: PHASE I TASK 10—FINALIZE FINDING OF NECESSITY The City approved the Preliminary Finding of Necessity on June 19, 2012, in support of its efforts and request to Brevard County to establish a CRA. Prior to establishment of the CRA. the City will need to adopt the Final Finding of Necessity identifying the final, recommended boundary for the Community Redevelopment Area.This effort will consist of the following subtasks: I.I Finalize Finding of"Necessity This task consists of the review and update of the preliminary finding of necessity. including the land use and property analysis,and map series to reflect the Final recommended community redevelopment area boundary. Deliverable: KHA will prepare the final Finding of Necessity consistent with City Council and staff direction with regard to the area boundary. KHA will prepare the Finding of Necessity formatted in 8.5"x11-and will provide 12 bound hard copies and one(1) unbound copy of the report in color, and a digital version in Adobe Acrobat(PDF) format on or before August 10,2012. KHA will attend and present at one(1)public hearing/adoption meeting to solicit final approval from the City Council in support of this Task. This meeting is tentatively scheduled for August 21.2012. subject to final public notice by the City. TASK 2.0—HISTORICAL CONTEXT,BASE DATA COLLECTION AND MAPPING The initial phase will utilize previously provided and prepared analysis to develop an overview of the community redevelopment area as may be amended from the preliminary finding of necessity report, its historical context,a synopsis of prior plans. and status evaluation of implementation efforts. This task will also integrate the existing conditions analyses by the CRA and City of Cape Canaveral with our project team's relevant implementation experience to identify a range of eligible activities for use of future CPA funds. The KHA team, with assistance from the City. will obtain and review relevant planning and engineering documents required to gain further understanding of the previous efforts. KHA will Mork with the City to coordinate with the various City and County. where applicable, participating agencies to obtain information to begin the work. This effort will consist of the following snhtasks: Kimley-Horn Mr. Flury 13rottn. t'tannine and Development Director I "- and Associates. Inc. dune 26.2012.Revised July 26,2012.Page ?.l Review Existing Documents and Studies This task consists of rile review of pertinent studies and documents prepared by the CRA,City. County, State or Regional agencies and other consultants_ Each of the documents will be reviewed with regard to any base data,which may be useful in the preparation of maps.analysis,and planning strategies. Documents to be reviewed include the following: • Existing Development Proposals • City and County Comprehensive Plans • City Codes and Ordinances • City and County Standards and Land Development Regulations • Previous CRA plans • Envision Cape Canaveral • AEA Economic Opportunity Overlay District • Storm water master plans • Existing landscaping, lighting.signage and utility locations • County Property Assessors data • State/County Transportation 'Plans • Economic studies and programs • Capital Improvement Plans • Plans and record drawings Ibr.listing and programmed improvements • Budgets Site Inveniory 2.2.1. This task will consist of the inventory of the planning characteristics of the project area. KRA will work with the City to identify physical conditions within the CRA. Ki-lA will prepare a base 'nap which delineates each type of existing improvement and its location within the CRA based on information and coordination with the City. 2.2.2. The existing conditions inventory will consist of the preparation of a detailed base map and a series of inventory maps. The Wrapping will be prepared based upon existing data and maps previously prepared for the finding of necessity. Mapping will be prepared at a scale that allows the base maps to he enlarged for the preparation of physical alternatives and the development of the master-plan by K HA. Reproducible originals tvilI be made Kirlev-Horn \Ir. Bann Brown.Plannine and Development Director and Associates, nc. l June 36,201 2,Revised July 36.2012.Page 4 available to the CitvICRA. The specific items of the inventory will include: a Existing land use O Future land use • Land ownership • Land values B Zoning s (Jtilities • Parking o Circulation m Public Facilities G Targeted development opportunity sites • Neighborhood Characteristics Deliverable; KHA will prepare a summary memorandum that will define the historical context, provide a synopsis of prior planning efforts, and an existing conditions assessment that comprise the Community Redevelopment Area. KHA will work with the City to identify existing conditions. KI-[A will prepare an existing conditions map based on this information. Information prepared under this Task will be provided to the Cite on or before September 4. 2012. TASK 3.0—COMMUNITY PUBLIC PLANNING PARTICIPATION AND LEADERSHIP COLLOBORATION WORKSHOP KHA will develop a public participation plan that: (I) incorporates stakeholder comments. (2)strengthens collaboration between the community,CRA,City and County officials,our KHA team, other appropriate local,state and federal agencies, and potential funding partners.(3)clarifies City leadership priorities and strategic objectives. and (4)encourages a transparent process that values diversity of opinions and respects overall community vision. Specifically. this task will consist of the following: 3.1 Focus Groups 2.1,1. KHA and City staff. during the course of one day. will hold a series of meetings VI ith City identified stakeholders to solicit stakeholder recommended goals 'for the redevelopment plan. This meeting is tentatively scheduled for September 4. 2012. The process and general agenda for die nteetings format will generally consist of the following elements: • An introduction to the project and process to date O An overview of the meeting agenda and ground rules Kirnley-Horn Nir. 13arr} 13rntivn. Planning and Development Director and Associates, Inc. Jane 26.2012. rtcviscd July 26,2012,Page S a Group Q&A followed by facilitated identification of plan and concept projects KHA will help generate a process summary memorandum that will serve as a component of the CRA Master Plan. Deliverable: K.HA will produce a summary memorandum of the stakeholder meetings facilitated in this task. Information prepared under this Task will be provided to the City on or before September 4, 2012. PHASE II TASK 4.{}—COMPREHENSIVE FUTURE ECONOMIC MARKET REVIEW AND DEVELOPMENT ANALYSIS The KHA team will assess current market conditions, trends, and factors affecting the CRA,as a basis for developing an economic implementation action plan for the CRA. Under this task, the following analyses will be undertaken and products will be prepared: 4.1 Review Previous Studies and Plans The KHA team will review previous studies and plans for the CRA to identify market expectations,concepts. and parameters reflected in these studies and plans as a basis for determining the extent to which these previous studies and plans are currently relevant and provide a sound baseline for this analysis. 4,2 Tax Increment Financing?(TIF)Revenue Analysis The KHA team will develop TIE revenue projections For the ('RA reflecting market expectations and projections for growth of housing and commercial activities and expectations of growth of real properly values over a ten year period. Differences in assumptions on which revenue approximations are based and resultant approximations will be identified and explained as and if required. 4.3 TIE Fund The KHA team will assist City staff with the preparation of the required ordinanceiresolution to establish the Tax Increment Financing fund by providing a draft ordinance/resolution for review and edit by the City stall'and City Attorney.. as appropriate. 4.4 Meeting The KHA team will present findings at one(I) meeting in Cape Canaveral: summarizing the development opportunities and constraints. and the TiF analysis. KHA will solicit comments and questions during this meeting. This meeting is tentatively scheduled fol'September f 8.~ 2012,and subject to final public notice by the Cit). Kimley-Horn h1r.Niro Brown. Planning and Development Director • and Associates. it3C. June 26.2012,Revised Jul. 26.2012.Pane 6 Deliverable: The KHA team will produce a written report summarizing key findings, conclusions and recommendations under this task, incorporating graphic materials from the consultant team in a format suitable for presentation to the community and interested third parties. Information prepared under this Task will be provided to the City on or before September 18. 2012. TASK 5.0—STATUTORY MINIMUM CRA MASTER PLAN The team's approach to the Redevelopment Master Plan will utilize the detailed analysis completed in prior tasks with and integrate same into a master plan document in a format that is both useable and accessible to the public. Prior to finalization of the Master Plan for consideration by the City for approval, we will produce the Master Plan in draft format for review by City and CRA representatives. The Master Plan will consist of those minimum elements necessary to meet the statutory requirements of Chapter 163. Part 11I. 5.1 Conceptual Land Use Plan The City will provide 1(1-IA direction towards the preparation of a conceptual land use plan. The plan will delineate the following elements: • Land use areas d Key development project areas KRA will provide comments to City staff on the plan and recommended modifications prior to presentation to the CRA Board/City Council. 5.2 Draft CRA Master KHA will prepare the statutory minimum CPA Master Plan, incorporating the conceptual land use plan and analysis prepared in previous tasks. KHA will be responsible for drafting language within the master plan in accordance with the requirements of Florida Statutes, Chapter 163. Part Ill, and Sections 163.360,and 163.362 related to the social,economic and environmental impacts of the proposed plan: o Provision for Relocation Assistance O Housing Analysis a Neighborhood Impact Statement G Plan Duration • Requisite Administrative Actions • Safeguards and Retention of Controls • Severability Mr, IKimley-loaf NIL !taro iiro3\ii. Planning and Development Direcror and Associates, Inc. June 26.2012,Revised Jul. 2(,2012,Page 7 3.1 Plan Review The CRA Master Plan Will be reviewed at one(i) meeting total with the CRA Board/City Council,City Staff. and the public. KFIA will revise the plan up to two(2)times per Client comments. Deliverable: KHA will prepare the CRA Master Plan formatted in 8.5"x I I-. consisting of the elements defined above. We will provide 12 bound hard copies and one(I) €nbound copy of the report in color,and a digital version in Adobe Acrobat(PDF) format. A slide presentation in Microsoft PowerPoint format will be prepared to show at public presentations and that can be made available for viewing via the City's website. TASK 6.0—FIVE YEAR REQUIRED AND TEN YEAR VISIONARY CAPITAL IMPROVEMENT PROGRAM: PROJECTS, SCHEDULE,FUNDING Incentives often are needed to stimulate private investment and encourage new businesses and residents to move in to the area. These incentives can take several forms, including improvements to public infrastructure and urban services.TIF grants/loans and tax credits to developers,tax rebates and loans to new businesses,and rental and down payment assistance to new residents. These and other incentives will be reviewed with respect to their past use and applicability in the CRA. Best incentives practices will be recommended based on analysis of City and CRA financial capabilities and practices used successfully in other communities. 6.1 The KRA team will incorporate the prior TIF revenue analyses and master planning to produce a five year capital improvements program consistent with the requirements for inclusion in the City's adopted Comprehensive Plan and the provisions of Chapter 163, F.S. The capital improvements program will follow the format of the City's budget documents for ease of use by the community,staff and elected officials. 6.2 hi addition,we will prepare a ten (10)year `visionary' capital improvement plan that cart serve to guide future implementation efforts beyond the initial live(5)year capital programming increment. Both capital improvement programs will consist of identification of a proposed schedule_alternative funding sources, a preliminary opinion of probable cost, and responsible implementation entity. Deliverable: KFIA will produce a Five (5) Year Capital Improvement Program reflecting the prioritized implementation elements as approved by the City and a Ten (10) Year 'Visionary' Capital Improvement Guide as outlined above. Deliverable: The. KI-IA team will provide the following deliverables within the task as outlined above: FlKim ley-Horn Mr.Bary Brown,Planning and Development Director and Associates, Inc. June 26,2012,Revised July 26,2012,Page 8 • Attend and present at one(1)meeting of the Local Planning Agency to determine consistency with City Comprehensive Plan tentatively scheduled for September 26,2012. • Attend and present at up to three(3)public hearing/adoption meetings to solicit final approval from the City Council as the CRA Board tentatively scheduled for October 16,2012, November 20,2012, and December 18,2012. • KHA will provide ten(10)bound hard copies and one(1) unbound copy of the final report and stand-alone executive summary in color,and a digital version in Adobe Acrobat (PDF)format.KHA will prepare the Concept Plan Update formatted in 8.5"x11". ADDITIONAL SERVICES Any services not specifically provided in the above scope of services,as well as any changes in the scope you request,will be considered additional services and will be performed at our then current hourly rates as we agree prior to their performance. Additional services may include,but are not limited to the following: 1. GIS data compilation. 2. Update(s)to the City of Cape Canaveral Future Land Use Map (FLUM), Comprehensive Plan and Land Development Code. 3. Evaluation of City Comprehensive Plan Elements for issues beyond those associated with the proposed CRA. 4. Attendance at additional meetings beyond those identified above. 5. Land Planning services 6. Landscape architecture services 7. Marketing materials, such as colored plots,renderings or sales maps. 8. Services required by additional governmental regulations,which might be put into effect after the date of this Task Order. 9. Additional analysis resulting from added development analysis or changes in the plan. 10. Drafting or preparation of resolutions or ordinances as may be required for formal adoption. 11. Any services not specifically described in the above Scope of Services. • KImley-Horn Mr 13arn Brown.Planning and Development Director and Associates, Inc. tune 26.2012. Revised Jul} 26.2012. Pane 9 INFORMATION PROVIDED BY THE CLIENT K HA shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by KHA during the project, including but not limited to the following: I. City and County Comprehensive Plans 2. City and County Land Development Codes 3. Existing and proposed City and County Capital Improvement Programs 4. Previous design and implementation studies and manuals.and development projects, including funding and budgeting summaries 5. Existing road and right-of-way information for the CRA district— dimensions, utility locations.etc. 6. Existing landscaping, lighting. signage and utility locations 7. County Property Assessor's data 8. Plans and record drawings for existing and programmed improvements 9. Existing economic data and analysis. FEE AND EXPENSES KHA will perform the services in Tasks 1.0 —3.0(Phase 1) for the lump sum fee o`'$15.500. KHA will perforin the services in Tasks 4.0—6.0 'Phase IF) for the lump sung Ice of$37.4170. KI-IA understands we are not authorized to proceed with the services in the Phase II tasks and w ill not perform these services until authorized in writing by the Client. All permitting., application.and similar project fees will he paid directly by the Client. BILUNG Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. It is our understanding that invoices must be received by the 15"of each month in order to be paid by the l" week of the next month. It is our responsibility to get our invoices to the Client before the 151i of each month so that KHA invoices can be paid within 25 days. Kimley-Horn Mr, Harr) I;rin�rl_Nanning and Development Director and Associates, Inc, June 26.201Revised Jul) 20.2012,Page 10 CLOSURE In addition to the matters set forth herein_this Task Order shall include and be subject to,and only to, the terms and conditions in the Agreement for Surveying, Architectural. Planning and Consulting Services dated June 6,2011, which is incorporated by reference.As used in the Agreement. the term "the Consultant" shall refer to Kinney-Horn and Associates, Inc., and the term "the City" shall refer to the City of Cape Canaveral. We appreciate the opportunity to provide these services to you. Please contact us if you have any questions. Vet-) truly yours. KIMLEY-HORN AND ASSOCIATES. INC. it7 [ . Kelley Klepper,ACCP ```David Campbell, P.E. Project Manager Senior Vice President BKKJ/ M1 p l E ?I Itul.,ntn2 Pralasse Crtt 0.rare Cana,eraE i P..l 1i,,,lar 7'iaii vcai s CV1kcd 9+.,_c+i:duckt Agreed to this__ day of CITY OF CAPE CANAVERAL BY: ID David L. Greene Please Print or Type Name Title: City Manager Mayor or Manager.as authorized d.greene@cityofcapecanaveral.org Email Address Witness: Mia Gofort Print or Type Name 64 L ,�as City of Cape Canaveral Av44,w Aigii , City Council Agenda Form %Or' City Council MeetinggDate: 8/21/2012 Item No. Subject: Adopt Resolution No. 2012-16, finding that the conditions within a specific area of the City of Cape Canaveral, generally described as being bounded by the Port of Canaveral on the north, to one block west of State Road Al A, south following the existing city limits and east to Ridgewood Avenue, more particularly described herein, meet the criteria of Section 163.340(8), Florida Statutes, as a blighted area; declaring that one or more blighted areas exists; declaring that the rehabilitation, conservation and redevelopment of such blighted areas is necessary in promoting the public health, safety, morals and welfare of the residents of Cape Canaveral; determining that there is a need for the creation of a Community Redevelopment Agency to carry out the redevelopment purposes of Chapter 163, Part III, Florida Statutes, within the identified blighted area; naming the agency for said district the Cape Canaveral Community Redevelopment Agency; declaring the board of commissioners of said community redevelopment district shall consist of the members of the City of Cape Canaveral City Council; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. Department: Planning and Development Summary: On June 19, 2012, City Council adopted Resolution No. 2012-10 which requests that the Board of County Commissioners delegate to the City Council the powers to create a Community Redevelopment Agency (CRA). The County is scheduled to hear the request and grant approval on August 21 , 2012. At its meeting that same evening, the Council will hear Resolution No. 2012-16 which acknowledges that conditions exist which meet the statutory definition of blight; declares that redevelopment of blighted areas is necessary in promoting the public health, safety, morals and welfare of the residents of Cape Canaveral; determines that there is a need for the creation of a Community Redevelopment Agency; establishes the Cape Canaveral Community Redevelopment Agency; and declares the City Council to be the CRA Board. The Finding of Necessity, as prepared by consultants Kimley-Horn and Associates, Inc., concludes that the area selected for redevelopment does meet the criteria listed in Section 163-340, Florida Statutes. The redevelopment area is characterized by aging structures that have limited potential for reuse, declining property values, nonconformities, lack of connectivity between uses, incomplete pedestrian and bicycle conveyances and other deficiencies that require remediation. Some lots have limited redevelopment potential due to their small size and current code requirements for setbacks, parking, landscaping and stormwater retention. In addition, diverse parcel ownership is an impediment to aggregation and therefore redevelopment. These conditions and others as listed in the Finding of Necessity support creation of a Community Redevelopment Agency in Cape Canaveral. A Community Redevelopment Plan is currently being prepared by Kimley-Horn and Associates, Inc. and after review by the Local Planning Agency will be approved by the CRA Board (City Council). The Community Redevelopment Plan will include potential redevelopment projects, programs and funding sources. City Council Meeting Date: 8/21/2012 Item No. Page 2 of 2 After review of the Community Redevelopment Plan by Brevard County, the City Council will adopt the Redevelopment Plan and create a Trust Fund for the deposit of CRA funds, including Tax Increment Financing revenues. One of the major benefits of a CRA is Tax Increment Financing (TIE). Under Tax Increment Financing, the value of properties within the community redevelopment area at the time of creation of the CRA is considered the base tax valuation. Ad Valorem Revenues collected on future increases in the value of property within the CRA are deposited into a Trust Fund and are available only for use within the CRA. A Community Redevelopment Agency is an important tool for redevelopment. It provides a plan for redevelopment activities, programs to encourage reinvestment and a dedicated funding source. The Notice of Public Hearing was published on August 10, 2012. Submitting Department Director: Barry Brown \ Date: 8/13/2012 Attachments: 1) Resolution No. 2012-16, including Exhibit "A" - Figure 1: Proposed CRA Boundary and Exhibit "B" - Finding of Necessity Financial Impact: It is too early to accurately estimate the financial impact, but the outcome will be beneficial to the proposed redevelopment area. Reviewed by Finance Director: John McGinnis Date: • t The City Manager recommends that City Counc ake the following action(s): Adopt Resolution No. 2012-16. Approved by City Manager: David L. Greene (9''7 - Date: tabc-f/ /?— City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2012-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, FINDING THAT THE CONDITIONS WITHIN A SPECIFIC AREA OF THE CITY OF CAPE CANAVERAL,GENERALLY DESCRIBED AS BEING BOUNDED BY THE PORT OF CANAVERAL ON THE NORTH,TO ONE BLOCK WEST OF STATE ROAD A1A, SOUTH FOLLOWING THE EXISTING CITY LIMITS AND EAST TO RIDGEWOOD AVENUE, MORE PARTICULARLY DESCRIBED HEREIN,MEET THE CRITERIA OF SECTION 163.340(8), FLORIDA STATUTES, AS A BLIGHTED AREA; DECLARING THAT ONE OR MORE BLIGHTED AREAS EXISTS; DECLARING THAT THE REHABILITATION, CONSERVATION AND REDEVELOPMENT OF SUCH BLIGHTED AREAS IS NECESSARY IN PROMOTING THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF CAPE CANAVERAL; DETERMINING THAT THERE IS A NEED FOR THE CREATION OF A COMMUNITY REDEVELOPMENT AGENCY TO CARRY OUT THE REDEVELOPMENT PURPOSES OF CHAPTER 163, PART III, FLORIDA STATUTES, WITHIN THE IDENTIFIED BLIGHTED AREA; NAMING THE AGENCY FOR SAID DISTRICT THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY; DECLARING THE BOARD OF COMMISSIONERS OF SAID COMMUNITY REDEVELOPMENT DISTRICT SHALL CONSIST OF THE MEMBERS OF THE CITY OF CAPE CANAVERAL CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS;SEVERABILITY;AND AN EFFECTIVE DATE. WHEREAS, pursuant to Section 163.410, Florida Statutes, on June 19, 2012, the City Council adopted Resolution 2012-10, requesting the County Commission of Brevard County, delegate to the City Council the powers conferred upon the County by Part III of Chapter 163, Florida Statutes,within the boundaries of Cape Canaveral; and WHEREAS,on August 21,2012,the Board of County Commissioners of Brevard County, Florida adopted Resolution 2012- , delegating all powers under Part III, Chapter 163, Florida Statutes, to the City Council of the City of Cape Canaveral,Florida,to create,operate and maintain a Chapter 163, Florida Statutes, Community Redevelopment Agency within the area described on City of Cape Canaveral Resolution No.2012-16 Page 1 of Exhibit"A,"a copy of which is attached hereto and by this reference expressly incorporated herein; and WHEREAS, pursuant to section 163.340(8), Florida Statutes, a"blighted area"is defined to mean: an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities,roadways,bridges, or public transportation facilities; (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; (c)Faulty lot layout in relation to size,adequacy,accessibility,or usefulness; (d)Unsanitary or unsafe conditions; (e)Deterioration of site or other improvements; (f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; (h)Tax or special assessment delinquency exceeding the fair value of the land; (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; (j)Incidence of crime in the area higher than in the remainder of the county or municipality; (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; City of Cape Canaveral Resolution No.2012-16 Page 2 of 6 (l)A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; (m)Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. WHEREAS, a Finding of Necessity Report was prepared by Kimley-Horn and Associates, Inc.dated June 2012("Report"),attached hereto,which identifies that,as a general finding that there exists a blighted area,as that term is defined in section 163.340(8),Florida Statutes,within the City of Cape Canaveral, said blighted area being more particularly described in this Resolution and known as the City of Cape Canaveral Community Redevelopment Area; and WHEREAS,the Report also generally provides that the proposed community redevelopment area identified therein is an appropriate candidate for a Community Redevelopment Agency; and WHEREAS,specifically,the Report indicates that the proposed community redevelopment area contains a predominance of buildings or improvements that are impaired by reason of dilapidation, deterioration, age, or obsolescence and a substantial number of deteriorated or deteriorating structures which are leading to economic distress or endangerment of life; and WHEREAS, the Report also identifies the proposed community redevelopment area as a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns,inadequate transportation and parking facilities,faulty lot layout or inadequate street layout; and WHEREAS, the Report also provides that with the downturn in the economy and restructuring of the space industry,the City must be proactive in facilitating and encouraging private reinvestment and employment opportunities within the City to improve the economic and social conditions of the community; and WHEREAS,based on the Report and other evidence and testimony presented by the City's Community Development Department, the City Council finds that there is a need for the creation of a Community Redevelopment Agency for the area specifically identified and described herein, and that the creation of a Community Redevelopment agency would meet the intent and requirements set forth in, and would be consistent with the requirements of, section 163.335(1), Florida Statutes; and City of Cape Canaveral Resolution No.2012-16 Page 3 of 6 WHEREAS,the rehabilitation, conservation and redevelopment or a combination thereof, of the aforesaid area is necessary in the interest of the public health, safety, morals and welfare of the residents of the City of Cape Canaveral, and in the interest of implementing the intent of the Florida Legislature as expressed in the Community Redevelopment Act of 1969, as amended, by revitalizing the area economially and socially, thereby improving the tax base, promoting sound growth and providing improved infrastructure; and WHEREAS, the State of Florida has found and declared that the preservation or enhancement of the tax base from which a taxing authority realizes tax revenues is essential to its existence and financial health;that tax increment financing is an effective method of achieving such preservation and enhancement in areas in which such tax base is declining; that community redevelopment in such areas,when complete,will enhance such tax base and provide increased tax revenues to all affected taxing authorities,increasing their ability to accomplish their other respective purposes; and WHEREAS, the City Council of the City of Cape Canaveral desires to create the Cape Canaveral Community Redevelopment Agency,and to declare the members of the City Council to serve as the board of commissioners of the community redevelopment agency; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated herein by this reference as a material part of this Resolution. Section 2. Legislative Finding of Blighted Area. The City Council of the City of Cape Canaveral hereby determines that the area of Cape Canaveral more fully depicted in Exhibit "A" is a"blighted area,"as defined by,and within the purpose and intent of,Chapter 163,Part III,Florida Statutes. Section 3. Finding of Necessity. Pursuant to section 163.355, Florida Statutes, and consistent with the data and analysis contained in the Finding of Necessity Report prepared by Kimley-Horn and Associates, Inc. And dated June 2012, attached hereto as Exhibit "B," the City Council of the City of Cape Canaveral hereby finds and declares that: (a) One or more blighted areas exist within the area described in Exhibit "A;" (b) The rehabilitation, conservation or redevelopment, or a combination thereof, of the City of Cape Canaveral Resolution No.2012-16 Page 4 of 6 area described in Exhibit"A" is necessary in the interest of the public health, safety, morals, and welfare of the citizens of the City of Cape Canaveral; and (c) That the area described in Exhibit"A"is appropriate for community redevelopment pursuant to Chapter 163, Part III,Florida Statutes. Section 4. Finding of Need for Community Redevelopment Agency. The City Council of the City of Cape Canaveral hereby finds that there is a need for a community redevelopment agency to function and carry out the community redevelopment purposes as specified in Chapter 163,Part III,Florida Statutes, within that area of Cape Canaveral identified in Exhibit Section 5. Creation of Community Redevelopment Agency. The City Council of the City of Cape Canaveral,Florida hereby creates a new community redevelopment agency for the area described in Exhibit"A,"which shall be named the"Cape Canaveral Community Redevelopment Agency." Section 6. Declaration of City Council as Board of Commissioners. In accordance with section 163.357, Florida Statutes, the City Council of the City of Cape Canaveral hereby declares that its members shall serve as the Board of Commissioners of the Cape Canaveral Community Redevelopment Agency, and that all the rights, powers, duties, privileges, and immunities vested by Chapter 163, Part III, Florida Statutes will be vested in the City Council, subject to all responsibilities and liabilities imposed or incurred. The members of the City Council acting as members of the Board of Commissioners of the Cape Canaveral Community Redevelopment Agency shall constitute the head of a legal entity,separate,distinct,and independent from the City Council of the City of Cape Canaveral,Florida. At its sole discretion,the City Council may appoint two(2)additional persons to act as members of the community redevelopment agency. The terms of office of the additional members shall be for four(4)years,except that the first person appointed shall initially serve a term of two (2) years. Section 7. 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 8. Severability. If any section, subsection, sentence, clause,phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 9. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular City of Cape Canaveral Resolution No.2012-16 Page 5 of 6 meeting assembled on this 21st day of August, 2012. ROCKY RANDELS,Mayor ATTEST: For Against John Bond Angela Apperson, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Legal ad published: August 10, 2012 City of Cape Canaveral Resolution No,2012-16 Page 6 of 6 CITY OF CAPE CANAVERAL FINDING OF NECESSITY hl it FIGURE 1: PROPOSED CRA BOUNDARY o 2 mot. 6 _ I ti urvi[:lug Ithrl Q k'7iChxFlenKer Rd 3 Ati.Hrs Rd ir--1116...., , .. T,....,%,., Em ,rnuin Rd1,.._....._. . ....,.. . 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AUGUST 2012 , -• . . ,. , . .•.. - ,i, . , .. , ...; ' . \ Prepared for c xE . sw + . " . .' • 44 •', it ''' .', • ., ' • .. 1, . , 1Ep .1- ' . '.. L.' t .... . ... -.. ... '`v. , v ' - ,- 'Ill:. -; ' -'"- CITY OF . , . .. ,.. .tif.i.",.:::,,,,-* : ,,..--7:;,,r -.•„... -* '''‘;',"k i ''' CAPE CANAVERAL '.,...„-., . -' .- - .- -- .' . .1.'.-.' .r'''. '''::'.:i•'.::f.: ::' ,'',,'.'2'''''7' , 'V, '. • .1.::Wr''''....!'",\:...‘.'' ' 411''f'''.? 4)%I ItbrA 174(#. :'''>.'C'. ' ' -..' ''''', . ,. .,,,,.,::. "''''':. e N,•. - , - -.,... , .„ ."..,. .--4.1N Ni N ‘ / . ,,,,, e r -- • • i I‘ , • / ' -..• ],A ,,, iy -. . •-: _ ,:', • ' ,:i f Prepared by, . A , : . 1 . ,.,,, Kimley-Horn and Associates, inc, ,, ,iy,,,. . .. . , A , Jr II ,_... .,_ I . ' A 'kilt .1' __, E61. . 1 - ----- . &CE 4tesi - 4..,-:.141. -- 4 ‘' -- Pr *, +f.';.,-.' :-.:''---• 4+ 1 4 .:- _,,-,4-, 9 'I :Welcbme to the . , . ., .., , •• ....„,...... . ..%,- • ,, ,s . ..c._. . ity of Cape Canaveral , . . . •, • .. . i CITY OF !I- ' • • '' ' •: • ' CAPE CANAVERAL,1 ...- ......- . . . .. ..,. .. . ,:-.' it ...,.... ...40.......,...,,,,,,, - . , .,_ . 11.. -11 ' • . .4 '' .*:. tt'! -,--- ' ___ ..._..._. _ , 147944006 I I . . , . . • '• • ' • • " CRA-Finding of Necessity CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT AREA FINDING OF NECESSITY August 2012 Prepared for the City of Cape Canaveral,Florida Consultant Team Kimley-Horn and Associates, Inc. Martin P. Black, AICP, ICMA-CM Lisa Frazier, AICP B.Kelley Klepper, AICP K+mleyR rn 'z_.__ and Rsaoc ales,Inc Acknowledgements This report was created with the help and guidance of a number of individuals. This section is intended to recognize those who have had an active role in the report's creation and community planning. CITY OF CAPE CANAVERAL CITY COUNCIL Rocky Randels, Mayor Betty Walsh,Mayor Pro Tern John Bond, Council Member Bob Hoog, Council Member Buzz Petsos, Council Member CITY STAFF David L. Greene, City Manager Barry Brown,Planning& Development Director Todd Morley, Building Official CRA—Finding of Necessity TABLE OF CONTENTS ACKNOWLEDGEMENTS ii EXECUTIVE SUMMARY 1 INTRODUCTION 4 History of Cape Canaveral 4 Economic Development Initiatives 5 Statutory Requirements for Finding of Necessity 8 Description of Study Area 11 Evaluation and Analysis 13 CONDITIONS IN SUPPORT OF A FINDING OF NECESSITY 17 Coastal and Tourist Area Distressed Conditions 17 Transportation Network 17 Lots,Property Ownership, and Building Conditions 18 Nonconformities 19 Property Valuations Summary 21 Property Maintenance 21 RECOMMENDATIONS 23 CRA IMPLEMENTATION OVERVIEW 26 Tax Increment Financing 26 Community Redevelopment Agency 27 Community Redevelopment Plan 28 Steps to Formally Create the CRA 28 LIST OF FIGURES 30 KtmleyHom iii C',.111 and Associates,Inc. CRA —Finding of Necessity Executive Summary The City of Cape Canaveral, located in Brevard County in the heart of the Florida's Space Coast has undertaken analysis through the Finding of Necessity review process towards the establishment of a Community Redevelopment Agency. This review and analysis originated out of community wide efforts in 2009 and 2010 to identify local economic development strategies and culminated in the recommendation for a focus of redevelopment efforts and community improvements on targeted areas of the City. In 2009, the residents of Cape Canaveral engaged in "Envision Cape Canaveral" a community-based, citizen-driven process to create a vision for the City's future. One of the primary objectives of this endeavor was to develop a vision and implementing strategies for future redevelopment of underutilized areas in the City. The Envision Cape Canaveral process produced the Cape Canaveral Vision Statement which"envisions a vibrant community that meets the economic,recreational,social, and retail needs of its citizens." A Visioning Report was also developed along with a list of recommendations for implementation of the Vision. In 2010, the recommendations were established as formal City policy with the adoption of its Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan outlining objectives and policies to guide the City in its redevelopment efforts including the designation of a Community Redevelopment Area and the establishment of a Community Redevelopment Agency(CRA). As a result of these plans and policies, City Council and staff requested this analysis or Finding of Necessity which serves as a basis for designating a Community Redevelopment Area within the City of Cape Canaveral, Brevard County, Florida in accordance with Chapter 163, Part III, Florida Statutes (F.S.). The designation of a Community Redevelopment Area is governed by this Chapter and the areas reflected within the proposed CRA Boundary Map for the City of Cape Canaveral have been confirmed as qualifying for designation through the independent analyses completed as part of this report. There are a number of required steps in the review, analysis and development of a potential CRA. A community seeking to create a CRA must first undertake consideration to formally designate the area through the Finding of Necessity process. Subsequent to approval of the Finding of Necessity, the City must request from Brevard County a formal delegation of authority to create the Community Redevelopment Agency. These discussions typically include the County's participation in allocations to the tax increment financing strategy. Formal designation as a Community Redevelopment Area and creation of a Community Redevelopment Agency will allow the City to develop specific strategies, programs, and improvements to encourage private investment and redevelopment efforts. When combined with certain public sector improvements, private investment can support the community's desired quality of life. Public sector improvements relating to infrastructure, as well as grants and matching funds can assist the private sector to expand, relocate and improve property thereby contributing to increases in property values. With the downturn of the economy and restructuring of the space industry, the City aspires to be proactive in its activities and assist property owners along the business corridors which are part of the City's image and economic base. By focusing the opportunities Kimleyliorn 1 Y 11.11 1 1 and Associates,Inc. At:ggPrCRA-Finding of Necessity for economic redevelopment within the identified areas, the City can provide a plan for incentives and programs to help drive recovery of these areas. The Community Redevelopment Act, Chapter 163 Part III, F.S. was created as a tool to assist in remedying areas to improve the general public welfare, local tax base, and for redevelopment of specific geographic areas. The Act declares that, "the rehabilitation, conservation, or redevelopment of deteriorated and distressed areas are necessary in the interest of public health, safety, morals, and welfare." The first step includes preparation of a technical analysis of the existing conditions within the proposed redevelopment area that may hinder or support the quality of life and services needed for a sustainable community. Furthermore, the Act provides for coastal resort and tourist areas "which are deteriorating and economically distressed due to building density patterns, inadequate transportation and parking facilities, faulty lot layout, or inadequate street layout, could, through the means provided in this part, be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community." Property valuation data was CITY OF CAPE CANAVERAL FINDING OF NECESSITY collected from the Brevard FIGURE 1:PROPOSED CRA BOUNDARY County Property Appraiser's =a l t - . 1 ! Office and analyzed on I -.,---, ./l) i. ri _t. : µ i behalf of the City. The I �"?_ ' -_ -- comparative data reflects an •r 1--:-,-. ; -- ► average decline in property I -- ,,--- values within the City of k I 1 N 1.1.6 1� hU1' ; .'� " '�, >. ,E;e.... 41% in commercial and °:..:=\,•,--06 ` w 4=41' ,ti s' -7 industrial areas from 2007 to ..,,. j 2011. During this same rill � > j �4 4,s , - j i' period, residential data - i M : �' - 1.... ,,,,› 4 _; reflects an average decline e •„ q R "` _ .. MP;_ within the proposed .�'a ,' , '% ..,,`. II `fir` 1 .�. Fj economic development area I ,,. Psirr 1 Rei-1 ,pl u, of 47%. As reflected in this 1 raiSR 1 an. + report, as economic activity 11,--,--,,�°i�iIP.w ,iV /4 / declines, more property iiln iiinl F 1�__ --i ,'r �.;. - vacancies tend to occur and „l,;r this in turn may lead to a ['.. _[, 1-. 11 .4'1"---.1 property decline invalue. 1 e31 r00 a - To compound the decline in �,;.y : !..•a value, maintenance budgets L IGENn - may be the first to be cut, =FP. P.sat 'RA 8'.iSSE PRA !Fl_ ,,.,,,,, � leading to a decline in A , appearance. 1_L cznr ,- I , Review of existing V1 -..• community redevelopment P W1 KimleyHom 2 at•�__ and Associates,Inc. CRA—Finding of Necessity areas within Brevard County confirms the relative strength and success in deterring economic decline within those areas. The areas that have received in-depth economic and physical community redevelopment planning aimed at enhancing the quality of life and business opportunities have experienced property value changes that are relatively better than conditions within the community as a whole. Based upon the independent assessment, sufficient criteria have been met to qualify the area for consideration as a Community Redevelopment Area pursuant to the requirements of the Florida Community Redevelopment Act,Chapter 163,Part III,F.S., Section 163.340 (8). i/i IQmIeyHorn 3 and Associates,Inc. CRA—Finding of Necessity INTRODUCTION History of Cape Canaveral The first permanent settlement in present day Brevard CountyVP was established near Cape Canaveral in 1848. The City of t. ..,co 4. th Cape Canaveral was incorporated in 1963 and has a current o ulation of 9,936 (April 1, 2011, U.S. Census). Consisting Pp p of approximately 1,9 square miles along the barrier island of uetcr� e to the . Florida's central east coast, this beachside residential , Cit of Cam .....4!v ,'. community is bordered on the north by Port Canaveral, on the It east by the Atlantic Ocean, on the south by Cocoa Beach, and on the west by the Banana River. Cape Canaveral's location makes it an integral part of the tourism, aerospace, maritime and military industries in Brevard County and the region. Approximately 50 miles east of Orlando, the proximity to Port Canaveral, one of busiest cruise ports in the country, Kennedy Space Center, Cape Canaveral Air Force Station, Patrick Air Force Base, and the beaches make it an ideal place for visitors and residents as well as business and industry. The City provides municipal services that include sanitary sewer treatment, reuse water, stormwater, and recreation facilities. Cape Canaveral has evolved from a sleepy fishing village to a weekend beachfront retreat to a provider of housing and office support for the Space Program to a home for retirees and a hub of hospitality related uses such as hotels,resorts, a convention center, and soon a Brewery. The economic fortunes of Cape Canaveral have mirrored that of the Space Program. As the space program grew in the 60s and 70s so did the growth and development of the City. After a lull in the late 70s the Shuttle program boosted the economy and carried it for the next 30 years, In the last decade the economy began to diversify as many retirees made Cape Canaveral home and with the growth of hotel and hospitality related uses. In 2012,a 288 bed assisted living facility was approved for construction. While Cape Canaveral will continue to look for economic opportunities related to the Space Program,the hospitality and health services industries have recently provided the greatest opportunity for job creation and economic growth in the City. The cruise ship industry has in part been responsible for the construction of the Residence Inn, Country Inn and Suites, Ron Jon's Cape Caribe Resort and expansions to the Radisson Resort at the Port. The economic artery of Cape Canaveral is SR AlA and the commercial activity along this corridor. Most of the commercial buildings along AlA were constructed during the 60s and 70s and are showing their age. These buildings are characterized by outdated design and construction methodology, thereby limiting their reuse potential. In addition, small lot size and configuration make redevelopment to current standards for parking, landscaping, setbacks, and stormwater challenging. 4 r KimleyHom rain and Associates,Inc. CRA—Finding of Necessity As the corridor aged, the City began to see increasing signs of deterioration and lack of investment. The restructuring of the space industry, national economic downturn, and overall aging of the corridor have further exacerbated these conditions. In addition, very little retail growth has taken place within the City resulting in an outflow of dollars and Iack of services desired by residents. Economic Development Initiatives ENVISION CAPE CANAVERAL "Our Community,Our Future" Even before the current economic recession, Constraints community leadership recognized the need for a • Disconnected bike paths/sidewalks focused redevelopment effort and as such in 2007, • Lack of a town center the Business and Cultural Development Board • Signage standards and unattractive buildings commissioned an update of the 1999 • Vacant derelict buildings • No public launch facilities Redevelopment Plan. The 2007 Plan had two • Lack of code enforcement overriding goals: economic development and • Visual blight on AlA improvement of quality of life. Objective 5 of the Opportunities Plan addressed both of the goals by calling for the • Entrance feature on North Atlantic Ave establishment of Community Redevelopment from AlA • RedeveIopment of underutilized sites Agency. • Establish green space"squares" • Port Canaveral In 2009, the elected leaders called upon the • World class location residents to participate in the creation of a Vision • Add sidewalks and street trees for the City's future and a plan for implementing • Establish a"Downtown"that is mixed use the Vision. Over 200 citizens participated in and walkable Tree lined streets • Residential beach community "Envision Cape Canaveral" a community based, citizen driven process that resulted in a Vision Figure 1 Statement (see Vision Statement page 6) that describes the type of City desired by citizens and a Visioning Report that listed recommendations to achieve the Vision. Strategies to achieve the goals and objectives of the Vision include: • Redevelopment of underutilized and infill areas as identified in the report. • Establishment of a downtown area this is a focal point for residents and is characterized by mixed-use,walkable, and provides services desired by residents. • Capitalize on the community's proximity to major economic generators. • Pursue new revenue opportunities for on-going City operations and to support economic development efforts. • Pursue planning that is future-oriented and creates long-term benefits. The recommendations include addressing the opportunities and constraints identified in the workshops (see Figure 1 above). 5 coliimleyHorn r.___ andAssodates,Inc. CRA—Finding of Necessity Cape Canaveral Vision Statement We envision: A bike-able and walk-able Cape Canaveral that retains and enhances its residential feel, characterized by low-rise buildings not more than 4 stories in height. This residential and business friendly atmosphere is one of a live-able, attractive, safe, secure, and sustainable coastal community that embraces the beach and riverside as the main amenities, and supports local culture and education. We envision: AlA as a "complete street" with a native-landscaped and tree-lined median with traffic calming elements and dark-sky street lighting. "Complete street" amenities include bicycle facilities, covered transit stops, and safe pedestrian crossings that invite pedestrians and bicyclists to access the beach, river, local neighborhoods and adjacent communities. Our improved "complete streets" will allow us to travel calmly to intimate waterfront destinations and a walk-able downtown core. Multi-use paths lined with shade trees should be wide enough for bikes and pedestrians and lighted so anyone can walk or bicycle safely anywhere in town, day or night. We envision: Welcoming community entrance features that create a sense of arrival and unique community identity. The "downtown" and other areas will contain an architecturally rich and unique mix of uses, with wide tree shaded sidewalks and umbrella covered café tables at restaurants and bistros where friends gather, interact, and enjoy drinks and dinner. We envision: A community that; removes or transforms blighted and unfinished buildings into attractive structures, offers city-wide green spaces, provides a pet-friendly park with ample shade, and actively recruits and supports businesses that enhance economic viability and serve our residents and visitors. We envision: Open shorelines and rivers accessible to the public including amenities that take advantage of the water, such as limited and quaint water-view establishments and intimate public gathering and entertainment places that may include pavilions, gazebos, or a performance stage. ..nKImley Ham 6 es,inc. L. !A40=Ir CRA—Finding of Necessity In 2010, the City adopted its Evaluation and Appraisal Report (EAR) based amendments to the Comprehensive Plan that further supported the community's desire for redevelopment. A listing of supportive Objectives and Policy statements from the Comprehensive Plan follow: • Policy 1G-1.4.1: The City shall pursue creation of a Community Redevelopment Agency (CRA) to provide a funding source and a plan for redevelopment of commercial and residential properties. Federal and State Brownfields designations will also be pursued where appropriate. • Policy IG-1.4.2: The City shall develop a City "brand" or identifiable character which represents the core values of the community and creates an image consistent with the City's Vision Statement. • Objective LU-1.8. The City shall work toward the use of innovative mixed use land use classifications and land •4 _ development regulations to implement the r r ' wt recommendations of the 2009 Visioning Study for mixed use developments and a downtown center. The measurement of this Objective is the extent to which innovative land uses and land development techniques are allowed and the degree to which the . _ following Policies are implemented. • Policy LU-1.8.1: — The City shall encourage the mix of residential, office, commercial, retail, restaurant, hotel, and flex space through the use of Mixed Use Land Use designations. The Mixed Use Future Land Use designation provides for a mix of uses within a development site or within multiple parcel area to encourage flexible and creative design, protect established residential neighborhoods from adverse impacts of nonresidential development and reduce the cost of public infrastructure. When the City adapts a policy creating a mixed-use land use designation(s), it will define the percentage distribution for the mix of allowable uses or other guidelines to implement mixed-use controls consistent with the requirements of 9J-5.006(4), F.A.C. and further, it will include density and intensity standards for the mixed-use designation pursuant to Section 163.3177(6)(a), F.S. Designation of Mixed-Use FLU on the FLU Map within the City and the pursuit of appropriate strategies shall be based upon the following issues,factors and criteria: A. Provide for the compatibility of mixed land use patterns, which would consist of retail, restaurant, commercial, office, hotel, flex space, and residential uses through the implementation of appropriate land development regulations. B. Encourage private development activities to coordinate with existing residents and property owners. Coordinate the provision of adequate public facilities and services. imleyHom 7 tun aKndAssoo.ates,Inc. ir CRA—Finding of Necessity C. Provide for a reduced need for infrastructure by allowing for shared parking, drainage and other facilities. D. Existing single use developments in place prior to the designation of land as Mixed Use remain legal conforming uses that can be restored in accordance with the current zoning district standards applicable to the property. E. Attendant on-site facilities such as utilities, structured parking facilities integrated into other uses,public schools, open space and recreation areas. • Objective LU-1.9: The City shall alleviate the impacts of inadequate public facilities and services, substandard structures and lot configurations in the blighted or other affected areas in the City through redevelopment and beautification activities. Since the 2009 Community Visioning, the primary goal of the City has been to implement the objectives of the Vision Statement and the recommendations of the Visioning Report. As of June 2011,the City has completed or is in the process of implementing the following initiatives: • Created an Ad Valorem Tax Exemption incentive • Prepared a Five Year Capital Improvements Plan • Completed Ridgewood Avenue roadway,bicycle, and pedestrian improvements • Increased Code Enforcement Activities • Increased Business Assistance Efforts • Establishing a Community Redevelopment Agency • Creating an Al A Economic Opportunity Overlay District • Pursuing Community Development Block Grants • Establishing a Brownfields Redevelopment Program • Pursuing Complete Street projects and funding Statutory Requirements for Finding of Necessity The State of Florida recognizes the potentially negative impacts to cities created by areas that may be inconsistent with desired community standards as well as quantitative and value-based expectations with respect to assessed property values. These areas tend to be unsustainable and ultimately may become a burden on the jurisdiction in which they exist. The Community Redevelopment Act was adopted as a tool to assist in improving the general public welfare, local tax base, and for redevelopment of specific geographic areas. The Community Redevelopment Act declares that the rehabilitation, conservation, or redevelopment of deteriorated and distressed areas are necessary in the interest of public health, safety, -icez Kiniy iiom 8 c , and !eAssociaies,Inc. CRA—Finding of Necessity morals, and welfare. The first step includes preparation of a technical analysis of the existing conditions within the proposed redevelopment area that may hinder or support the quality of life and services needed for a sustainable community. Furthermore, the Statutes provide for coastal resort and tourist areas"which are deteriorating and economically distressed due to building density patterns, inadequate transportation and parking facilities, faulty lot layout, or inadequate street layout, could through the means provided in this part, be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community." This report is intended to be consistent with the statutory requirements for establishing a Community Redevelopment Area(CRA)pursuant to Chapter 163,Part III,F.S. In the last few years,the City of Cape Canaveral committed to creating a vision of the community which included redevelopment of the existing commercial/industrial corridors. Generally, these areas appear to contain similar conditions — infrastructure deficiencies, development hardships, and curtailed investment as those found in other existing community redevelopment areas within the State of Florida. Since the commercial and industrial areas are the mainstay of the City's employment centers, the focus of this document is to analyze the impacts that ultimately affect the prosperity of many of the businesses. The Community Redevelopment Act provides that certain areas that exhibit conditions unsupportive of community standards may be determined locally to fall under two broad categories, slum and blight, as defined in the Florida Statute. These conditions,if not addressed, may lead to the continued deterioration of economic and physical conditions within an area. In order to qualify for establishment under the provisions of the Act, a city must prepare a "finding and declaration of necessity" determining that the area meets these criteria and necessary in the interest of the health, safety, morals, or welfare of the residents of the community. It is important to note, these terms carry specific statutory references and qualifiers distinct from their common understanding and use. While the Community Redevelopment Act acknowledges the need for redevelopment in distressed areas, it also creates a mechanism by which a local government can administer change in a given area — the creation of a formal Community Redevelopment Agency. Prior to its creation,the local government must adopt a resolution supported by appropriate data and analysis which allows for the legislative finding that the conditions in the area meet the criteria established by statute. The data and analysis is also required to find that the redevelopment of the area is necessary in the interest of the public health, safety, morals or welfare. One or more of the following factors must be demonstrated, through the data and analysis, to occur in a predominance of the area in order to meet the statutory criteria. This determination is necessary in the interest of public health, safety, morals and welfare as defined by the statutes and must also include certain contributing factors including,but not limited to: • Inadequate provision for ventilation, light, air, sanitation, or open spaces; • High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government-maintained statistics or other studies and the requirements of the Florida Building Code; • The existence of conditions that endanger life or property by fire or other causes; I♦I1Kimley-Hom 9 and Associates,Inc. - CRA —Finding of Necessity And two or more of the following factors must be demonstrated: • Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; • Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; • Unsanitary or unsafe conditions; • Deterioration of site or other improvements; • Inadequate and outdated building density patterns; • Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; • Tax or special assessment delinquency exceeding the fair value of the land; • Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; • Incidence of crime in the area higher than in the remainder of the county or municipality; • Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; • A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; • Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or • Governmentally owned property with adverse environmental conditions caused by a public or private entity. In addition, as a coastal resort and tourist area, the City of Cape Canaveral meets the statutory definitions to qualify for designation as a community redevelopment area. The statutes provide that prior to exercising the benefits created by the community redevelopment authority; the city must adopt a resolution supported by data and analysis that establishes the ability for the City Council to find that the conditions in the community redevelopment areas meet these criteria. Specifically, the statute provides: "163.355 Finding of necessity by county or municipality.--No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. 163.340 (7) or (8). The resolution must state that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and curlKimdleyHomiates, 10 !!�/ 1 anAssocIna 1 r" CRA—Finding of Necessity (2) The rehabilitation, conservation, or redevelopment, or a combination thereof of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. " Some examples of evidence and testimony to establish that an area may be designated for redevelopment include: 1. An assessment of extent of nonconforming uses and structures, such as setbacks, parking, design and density. 2. Traffic accident frequency data. 3. Inadequate public utilities to support allowable zoning or existing use. 4. Evidence of building or life safety code violations. 5. Number and percentage of code violations. 6. General infrastructure inadequacies: deterioration of sanitary and storm sewers; inadequate alleys; or deterioration of streets. 7. Economic deficiencies, such as commercial vacancy rates. 8. Wide diversity of land ownership in the area, making it relatively impossible to acquire adequate-sized parcels for development. Additional support for a finding of necessity may stem from lack of bike paths, pedestrian and bicycle accidents, circulation problems, and any other deficiency in the infrastructure of the community. Description of Study Area The City of Cape Canaveral's proposed Community Redevelopment Area depicted in Figure 1 — Proposed CRA Boundary Map identifies the area qualifying for designation as a CRA. The area is generally the corridor along SR AIA, from Port Canaveral in the north, to the southern City Limit including properties along North Atlantic Avenue and the "Presidential Streets" residential area. This area is based on discussions with City staff and an independent assessment, in accordance with the application of the planning process and community development practices found in Chapter 163, Part III, F.S. This area includes a mixture of both non-residential and residential uses as well as vacant and underdeveloped properties. The City's Future Land Use Map and Zoning Map, included as Figures 2 and 3, respectively, were reviewed for consistency in their application, non-conforming land uses and general support for redevelopment efforts. The proposed redevelopment area has been depicted in two (2) geographic areas for ease of identification and analysis: Figure 4 - North Economic Redevelopment Area (North Area) and Figure 5 - South Economic Redevelopment Area (South Area). Applicable future planning efforts may be more readily defined along these lines and/or provide additional community recognition and identification. This analysis and the consideration of qualifying conditions for creation of a community redevelopment area IGmley4lom 11 C..1'1 and Associates.Inc. K. y CRA—Finding of Necessity include approximately 56 percent of the land area within the City of Cape Canaveral as further described in Table 1. This percentage is less than the maximum percentage permitted by Statute. Table 1 provides a breakdown of the acreage and number of parcels proposed within the CRA. The City of Cape Canaveral is comprised of approximately 1,374 acres which includes right-of-ways, easements, and other areas within the City boundary. The acreage of the proposed community redevelopment area within the City is approximately 766 acres, or 56 percent of the total. Approximately 2,370 parcels are contained within the City, and of those, approximately 1,234 parcels are located within the proposed boundary of the Community Redevelopment Area. It should be noted that though the North Area consists of more acreage, almost twice the acreage as within the South Area, it contains about one-half the number of parcels. This is a direct reflection of the mix of existing uses and zoning within the two areas (i.e., larger,industrial tracts in the North Area). TABLE 1 LAND AREA CALCULATIONS City Acreage Breakdown Acres Total City Parcel Acreage 1,227 Total City Area* 1,374 Proposed CRA Acreage Breakdown Acres Percentage of Total Parcel Acreage in North Economic Redevelopment Area 490 36% Parcel Acreage in South Economic Redevelopment Area 276 20% Total CRA Area* 766 56% Proposed CRA Number of Properties Breakdown Total Number Percentage of Total Total Number of Parcels in CRA** 1,234 100% Number of Parcels in North Economic Development Area 427 35% Number of Parcels in South Economic Development Area 807 65% *Includes right-of-ways,easements,and other areas within the complete digitized City Boundary **Parcels sourced from Florida Department of Revenue ►�I� KinteyHa12 andAssodmates,Inc. CRA—Finding of Necessity Evaluation and Analysis As part of the Finding of Necessity data and analysis, the following factors were reviewed to determine whether or not qualifying physical or economic conditions were a predominant presence in the proposed community redevelopment area. These factors include: Future Land Use, Zoning, Coastal and Tourist Distressed Conditions, Transportation Network, Property Valuations, Lot size and shape, Property Ownership, and Non-Conformities. Future Land Use The City of Cape Canaveral has adopted a Future Land Use Map as a tool to identify the desired development and land use pattern within the City and a means to reduce or eliminate uses inconsistent with the community's character. This Map and future land uses as displayed for the proposed community redevelopment area in Figure 2: Future Land Use Map. The areas reviewed for potential redevelopment are primarily high intensity use corridors. These corridors are auto-centric, lack adequate bicycle-pedestrian facilities, and adequate drainage. Additionally, they lack visual appeal, architectural character, or unifying features. As such they do not contribute to the quality of life as desired by the citizens. The future land use map continues to separate uses or promote single use dominated stretches which may not contribute to the long term redevelopment and/or economic prosperity of the area. In order to address this concern, the City's future land development priorities are focused on the redevelopment of its established commercial/industrial corridors. In the future,the City envisions these areas as mixed-use centers which promote live-work-play opportunities and provide surrounding neighborhoods easy access. In addition, the City's revitalization effort includes an existing older residential area identified as the "Presidential Streets" neighborhood referencing the nomenclature of the internal streets. An individual assessment of the Future Land Use designation by area follows: NORTH ECONOMIC REDEVELOPMENT AREA The North Economic Redevelopment Area (Figure 4) is located from the northern City limits to the intersection of Church Street. Major transportation corridors include North Atlantic Avenue, Central Boulevard and Astronaut Boulevard(Al A). The future land use designation within the northern area consists of the following: Future Land Use Designation %of Total (North Area only) R-2 Medium Density Residential and Townhouse Apartments Maximum 15 units/acre-14% R-3 Duplex/Multi-Family/Townhouse Apartments Maximum 15 units/acre—3% ICsyHorn 13 i•_ and Associates,k7c. r CRA—Finding of Necessity M-1 Light Industrial Maximum 4.356 lots/acre-22% Zoning regulations impose a variety of requirements, depending C-1 upon type of use 45% Commercial: zoning regulations impose a variety of requirements, C-2 depending upon type of use 16% SOUTH ECONOMIC REDEVELOPMENT AREA The South Economic Redevelopment Area (Figure 5) is located from Church Street south to Praetorius Lane,bisected by SR AlA. The future land use designation within the southern area consists of the following: Future Land Use Designation %of Total (South Area only) R-2 Medium Density Residential and Townhouse Apartments Maximum 15 units/acre-15% R-3 Duplex/Multi-Family/Townhouse Apartments Maximum 15 units/acre-5% C-1 Zoning regulations impose a variety of requirements, depending upon type of use 28% C-2 Commercial: zoning regulations impose a variety of requirements, depending upon type of use 20% PUB Public and Recreation Facilities 7% Zoning The City of Cape Canaveral is divided into zoning districts as shown in Figure 3: Zoning Districts for the proposed community redevelopment area. The areas reviewed for potential redevelopment contain a mix of zoning classifications, with the major areas identified for industrial, commercial, and retail consistent with the desired opportunities for economic development, employment and service needs for the surrounding community. Specifically, some of the existing sites were developed prior to current building, planning, community design and environmental standards. Lots that may be identified as underdeveloped include those that may have an existing use but either do not utilize a significant portion of the lot or are developed with uses or intensities at less than what is permitted under the Zoning Code (i.e., residential structure in a commercial zoning district). Underdeveloped refers to the condition wherein the parcels may not reflect development patterns that approach a yield in terms of development square footage or assessed value of improvements at or above the median development permitted by code. Examples may include single story structures within areas Kimley•Harn 14 ri•n an Assocaes,Inc. CRA—Finding of NecessiO, designated to allow three or more stories, or parcels with remaining undeveloped areas. As part of the evaluation of redevelopment alternatives, consideration of creating new implementation zoning districts that can serve to encourage redevelopment of these areas is appropriate(i.e., AZA Economic Opportunity Overlay district). A separate review of existing zoning code provisions has confirmed several internal inconsistencies within the code and some barriers to redevelopment that should be addressed. NORTH ECONOMIC REDEVELOPMENT AREA The North Economic Redevelopment Area is located from the northern City limits to Church Street. Major transportation corridors include North Atlantic Avenue, Central Boulevard and Astronaut Boulevard (AIA). The area contains a mix of land use and the only M-1 light industrial and research and development district. This district is intended to serve light manufacturing, research and development, distribution and other industrial functions. These uses have developed in direct correlation to the area's geographic proximity to Port Canaveral and the Kennedy Space Center. Restrictions in the district are intended to minimize adverse influences of the industrial activities such as a requirement that principal uses be contained in an enclosed structure. The majority of the area, 45 percent, consists of C-1 Iow density commercial district which is intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted include general retail intended to serve the consumer needs of nearby residential neighborhoods as well as the commercial needs of the tourist or motorist. C-2 commercial/manufacturing district (16%) is intended for a more intense use adjacent to existing commercial or manufacturing uses. The types of uses permitted include a mix of low density commercial and light industrial contained in enclosed structures intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Smaller zones consist of R-3 medium density residential district (3%) and R-2 medium density residential districts (14%). The intent of these districts is to supply an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation,to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Minor differences between the two zoning districts occur in relation to minimum setbacks, dimensions and breeze requirements. SOUTH ECONOMIC REDEVELOPMENT AREA The South Economic Redevelopment Area is located from Church Street south to Praetorius Lane, bisected by SR AlA. The majority of the area consists of R-2 medium density residential Kim!ey-Hom 15 and Assoaates,Inc. LAI CRA—Finding of Necessity district (45%) intended to apply to a mix of housing types to maintain an adequate amount of open space. The provisions promote areas free from congestion and overpopulation, promote the permanent residency of families and enhance the residential integrity of the area. C-1 low density commercial district (30%) accounts for the majority of remaining area. This zone is intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted include general retail intended to serve the consumer needs of nearby residential neighborhoods as well as the commercial needs of the tourist or motorist. C-2 commercial/manufacturing district (20%) is intended for a more intense use adjacent to existing commercial or manufacturing uses. The types of uses permitted include a mix of low density commercial and light industrial contained in enclosed structures intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Three smaller zones consist of R-3 medium density residential district (5%). The intent of this district is to supply an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. Kimleyliom 16 C..►1 ,f CRA —Finding of Necessity CONDITIONS IN SUPPORT OFA FINDING OF NECESSITY Coastal and Tourist Area Distressed Conditions The Community Redevelopment Act contains special provisions relative to coastal and tourist areas similar to Cape Canaveral that serve as additional indicators as to whether an area may qualify for designation as a redevelopment area, Specifically,the Act (163.335(4)F.S.) defines redevelopment areas to include coastal and tourism areas that reflect outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layouts or a combination thereof. The findings of the independent analysis support the statutory qualification pursuant to section 163.340(10),providing that coastal and tourist area that are economically distressed. Transportation Network Independent site visits served to highlight several criteria for consideration of the proposed redevelopment area based upon the existing conditions of the general transportation and mobility network. The Envision Cape Canaveral workshops and resulting Vision Statement served to highlight considerable concern among community residents for the poor circulation, parking, bicycle, pedestrian and transportation conditions within the City. In particular, congested roadway systems due to poor transportation and land use planning were cited. Improvements in Level of Service and transit were identified by residents and business owners as areas needing further attention by the City. *41 The lack of sidewalks,bike paths and pedestrian crosswalks add to the lack of connectivity between uses, creating conflicts t- between pedestrians and vehicles. Another concern is the lack of cross access between sites which discourages movement -- between -Y between destinations. In some cases existing streets remain unimproved or in a deteriorating condition that limits access and desirability of the area for new uses. These conditions are documented within the study area. Conflicts between pedestrians and vehicles and a lack of interconnectivity between properties can be remedied through the implementation of Complete Streets policies and enhancements, and similar programs. The Kimley-Horn team completed physical reviews of the proposed community redevelopment area and identified driveway connections that do not meet current driveway separation or intersection separation criteria and accepted ',, right-of-way design standards. Multiple driveway connections within limited distances may contribute to poor traffic , - . circulation by creating potential vehicle and pedestrian or im► 1 KimleyHom 17 \I NN and Associates,Inc. N CRA —Finding of Necessity bicycle conflicts,poor sight triangle visibility or difficulty in achieving accessible routes. The lack of numerous sidewalk links and deteriorating sidewalk conditions were observed within the area. It was also noted that there are several areas without adequate bicycle circulation routes. The lack of a viable, comprehensive system of accessible sidewalks and bicycle facilities creates additional support for finding that the statutory criteria for redevelopment have been met. The results of the independent analysis of the existing transportation network conditions confirm and demonstrate that the following statutory criteria are met: • Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; • Unsanitary or unsafe conditions Lots. Property Ownership, and Building Conditions Lot location, size and ability to support redevelopment are key determining factors when considering the likelihood of redevelopment. If lots are irregular in shape or size(not square or • rectangular), it is difficult to meet current building, fire, land L ' 'r _ development and zoning code requirements. Irregular parcel '1 ! configurations also make it necessary to acquire additional lands to accommodate a modest redevelopment plan or project. If ownership is fragmented as well, property acquisition is difficult and serves to hinder redevelopment activity(s). When determining a parcel's ability to support redevelopment, location, size and configuration are critical determining factors. Existing lots may be too small to be redeveloped under current codes for parking, landscaping, setbacks and stormwater. Lots may also have diverse property ownership and does not �-- readily support property aggregation. Existing city standards for j i., off-street parking and building setbacks vary based on the respective zoning district and or adjacent uses. Depending on the location and the adjacent use(s), the current setback requirements D1 may be unsupportive of redevelopment efforts and/or limit the 3 . "' City's intent for mixed use developments. This can create A r, �' ; varying development patterns along a single block.. mil It is important to note that the median age of structures within the commercial/industrial zones of the City is over 40 years old. The largest number of buildings were constructed between 1956 and 1985, making many buildings over 50 years old. Several buildings within the area were also observed to be in various states of disrepair. Therefore the functional life of many of these buildings are nearing their end which require them to be pInA KimleyHorn 18 Y►:oI 1 and Associates,Inc. CRA—Finding ofNecessity razed in order to meet current building codes and standards that may be conflicting with minimum site plan standards. The Kimley-Horn team also identified several existing and potential instances of building or life safety code concerns on existing properties. Included among these conditions were vegetative overgrowth, unmaintained parking surfaces, illegal right-of-way parking, damaged and non-functioning stormwater conveyances, sidewalks in need of maintenance or repair, and other general building and site conditions not typical or desired within the - City. Ottt s � �t The results of the independent analysis of the existing lot, Jr property ownership and building conditions confirm that they contribute to the area's conditions to such a degree as to demonstrate that the following statutory criteria for establishment of the redevelopment area are met: • Predominance of defective or inadequate street layout, parking facilities, roadways, or public transportation facilities; • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; • Age of buildings, obsolescence and deteriorating building conditions; • Unsanitary or unsafe conditions; • Inadequate and outdated building density patterns; • Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. Nonconformities Nonconformities in relation to the approved zoning are evident within each proposed redevelopment area. A property may be grandfathered from existing zoning ordinances due to improvements made prior to current zoning ordinances. An example of this condition within the City would include the mobile home parks located within the commercial zoning districts. Nonconformities that may be considered factors in meeting the statutory criteria are as follows: Parking/Access A review of the proposed community redevelopment area confirmed numerous locations where unapproved and/or unmaintained parking is occurring. These instances include parking within or upon drainage and stormwater conveyance and treatment areas, sidewalk and pedestrian ways, as well as encroachments upon setback or buffer areas required by the City's land development regulations. In addition, existing driveways and accesses may not be consistent with current City I7 yHorn 19 andKimleAssociates,Inc. CRA—Finding of Necessity codes for driveway width, separation from other driveways and/or roadway intersections, or allow for direct access to roadways. Stormwater Management As a result of historical development permitted and F constructed prior to the City's and State's current i° - design standards, a number of properties lack adequate stormwater management facilities. In addition, these properties and their respective stormwater facilities are - nonconfoiming to local and state regulatory requirements. Pending changes to statewide stormwater management regulations will likely create additional impediments to redevelopment. Often these legacy constraints can serve to delay or prevent financially feasible redevelopment of existing properties. Physical conditions were noted where existing F stormwater management facilities are not properly WIN maintained and exhibit conditions that may contribute to on-street and adjoining property ponding or flooding. , '''!' Examples include standing water, clogged inlets and - inappropriate use of facilities (parking, storage, etc.). Designation as a community redevelopment area and y - � evaluation of an area wide, comprehensive stoiwwater management strategy are appropriate efforts in support _ of economic revitalization. Landscaping and Architectural Design The City of Cape Canaveral landscape and buffer standards are evident upon some of the more recent redevelopment projects that have occurred but generally the proposed community redevelopment area pre-dates the City's current land development regulations. Landscape and architectural treatment minimums are lacking within the City. The lack of compliance or standards creates a legacy of nonconforming properties. Redevelopment will create an area consistent with community design expectations and requirements. The results of the independent review relative to existing nonconformities confirm that the following statutory criteria for establishment of a redevelopment area are met: • The existence of conditions that endanger life or property by fire or other causes; • Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; c�n Kimley Hom 20 i►..1 andPssaciates,Inc. 41-.4i CRA—Finding of Necessity • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; • Unsanitary or unsafe conditions; • Inadequate provision for ventilation, light, air tit sanitation, or open spaces; 441111. • Deterioration of site or other improvements; >'•- • In adequate and outdated building density = Y patterns; • Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. Property Valuations Summary Property valuation data was collected and analyzed for the City of Cape Canaveral from the Brevard County Property OFFICE SfrtCL f as Appraiser's Office. The comparative data is reflected in Table V1LAGLI 2 located at the end of this report. Over a five year period, 2007 to 2011, the average percentage change of the selected I i{ { properties listed in Table 2 was a decline of approximately 41% within the commercial and industrial areas of the City; residential areas averaged a decline of approximately 47% in property values. As reflected in this report, as economic activity declines, more property vacancies tend to occur and this in turn may lead to a decline in property value. To compound the decline in value, maintenance budgets may be the first to be reduced or eliminated, leading to further declines in the property, specifically a decline in appearance along the corridor. Property Maintenance Cities require certain standards with regards to property maintenance and enforce them through proper and regular code enforcement activities, Code enforcement can be used a tool in conjunction with other techniques to assist in the redevelopment of targeted areas. The Building Department is responsible for Code Enforcement. In a memo dated January 22, 2010,the City of Cape Canaveral Building Department addressed the code enforcement issues presented in the Visioning Report. A summary of these findings as well as the results from an independent review found that the majority of violations were generally maintenance items such as painting, overgrowth, debris, driveways/parking lot in need of repair, fence repair, dumpster enclosure in disrepair, broken glass in window, and sign maintenance, that lead to a deteriorating appearance in accordance with blighted conditions. The majority of sites were noted as needing some repair or vacant especially within the M-1 industrial or C-2 commercial zones. Additionally, there are mobile home parks with some violations, including: painting/cleaning, skirting p-_n Kimley-Horn 21 Mr ard Associates,Inc. ,111 CRA-Finding of Necessity missing/in need of repair,broken glass in windows,torn screens, exterior trash and debris, and mildew on exterior surfaces. The results of the independent review relative to existing code violations confirm that the following statutory criteria for establishment of a redevelopment area are met: 1, • The existence of conditions that ill .'' 'i endanger life or property by fire or 1 other causes, -- `-�` -- t • Unsanitary or unsafe conditions; ,.,_,,,,,km, '" • Inadequate provision for ventilation, - — r light, air sanitation, or open spaces; • Deterioration of site or other improvements; Kim#eyliom 22 IMP 1 and Associates,Inc, CRA—Finding of Necessity RECOMMENDATIONS Based upon an independent assessment, sufficient criteria have been met to qualify the study area as a Community Redevelopment Area pursuant to the requirements of the Florida Community Redevelopment Act (Chapter 163, Part III, F.S.), Table 3 provides a summary of qualifying conditions pertaining to the proposed redevelopment area. A predominance of buildings or improvements which are impaired by reason of dilapidation, deterioration, age, or obsolescence and a substantial number of deteriorated or deteriorating structures which are leading to economic distress or endangerment of life, have been effectively identified within the proposed economic development area. A Community Redevelopment Plan provides opportunities for the community to design a new future for the targeted area. The Plan also creates opportunities for public and private investment aimed at improving local economic conditions and overall 1 community quality of life. The Community Redevelopment Plan - can provide physical solutions to the economic conditions as well. Use of master stormwater management facilities, new codes, At' programs or solutions that provide incentives for re-use and i redevelopment of existing sites, new lighting, expansion of community policing, re-use of existing buildings, demolition of dilapidated structures, complete street designs, and other measures can have a positive impact on supporting economic development. By encouraging new public and private investment and other physical improvements and social activities, property values may increase and the overall community quality of life can improve for Cape Canaveral and the surrounding Brevard County areas. While the City and proposed CRA have a mixture of residential and non-residential uses developed at varying densities and intensities, a more effective mix and integration of residential and non-residential uses is possible including within the areas proposed for designation. The City could achieve more land use diversity without losing its character or impacting existing commercial activities and businesses through the promotion of interconnectivity, compatible design standards and mixed use projects (i.e., either vertical or horizontal integration of uses)within these areas. The recommended boundaries for the proposed Cape Canaveral Community Redevelopment Area are based on an evaluation of properties within the study area with regard to the factors and conditions included in Chapter 163 F. S. including but not limited to land use/zoning, public and private infrastructure components (i.e., utilities, stormwater and transportation including sidewalks),property and building conditions,natural features, and property valuations. The City and community recognize that as part of an overall plan for economic development, creation of a Community Redevelopment Agency will provide the basis for sound infrastructure investments as well as incentives for private investment. Opportunities for improvement which stem from creating a Community Redevelopment Agency and subsequent adoption of a Redevelopment Plan will provide a mechanism to arrest deteriorating economic influences in this area. The boundaries and determination of qualifying conditions considers only those targeted incorporated areas of the City of Cape Canaveral, Brevard County,Florida. curmyH23 anKidleorn Assodates,Inc. 1 CRrf —Finding ofNecessity TABLE 3 PROPOSED COMMUNITY REDEVELOPMENT AREAS &QUALIFYING CONDITIONS SUMMARY NORTH SOUTH QUALIFYING CONDITION REDEVELOPMENT REDEVELOPMENT AREA AREA Property/Life Endangering ✓ ✓ Conditions Defective/Inadequate Street ✓ ✓ Condition Defective/Inadequate Parking ✓ ✓ Defective/Inadequate Public Transportation/Sidewalks and V ✓ Bicycle Facilities Property Values or Lease ✓ Rates Faulty Lot Layout ✓ V Unsanitary or Unsafe ✓ ✓ Conditions Defective/Inadequate d ✓ Stormwater Deterioration of Site V ✓ Conditions Inadequate or Outdated ✓ V Building Patterns Diversity of Ownership— ✓ ✓ Hinders Redevelopment Distressed Coastal/Tourist ✓ Area KimyH24 ricrl and leAssociomates,Inc. CRA—Finding of Necessity The following represents initial observations and recommendations for prospective actions and projects that may be appropriate for the Cape Canaveral Community Redevelopment Area. This list may be refined and expanded as the community undertakes the development of the Community Redevelopment Plan: 1. Amend the land development codes to promote mixed-use developments, streamline development review and provide flexible development standards within the proposed Community Redevelopment Area(i.e., AIA Economic Opportunity Overlay District). 2. Phase out incompatible and non-conforming uses. 3. Identify incentives to capture market demands and to promote preferred development. 4. Create incentives for business location and retention. 5. Aggregate parcels along the corridors, particularly if shared public or private infrastructure (i.e., stormwater management, transit, pedestrian connectivity, public access and open space, and landscapes/entry features) are enhanced or included. 6. Apply architectural and site design guidelines to promote a style or quality of new construction that would maintain the desired theme and scale of development in the City. 7. Create a system of strategic, planned improvements of publicly owned lands and right-of- ways to maximize their usefulness for the residents of the City and surrounding community such as drainage, parking, access, sidewalks, landscaping, new wayfinding signage, entrance features and Complete Streets design. 8. Continue to promote and pursue the Complete Streets and walkable/bikeable community projects initiated within the City. 9. Strengthen code enforcement. 10. Use Facade Grants/Loans to improve buildings. 11. Continue with the business assistance programs initiated to aid, expand or retain existing businesses and promote new business opportunities; consider a small business administration loan program to aid small business start-ups. 12. Continue to identify and support potential private project catalyst sites such as the Assisted Living Facility and Brewery. 13. Use the gateways into the City to solidify and confirm Cape Canaveral's image/theme. 14. Make access management improvements, interconnect parking lots, and accommodate multi- modal transportation. 15. Support special events for the business community within the CRA. 16. Utilize grant and other funding opportunities,such as a Brownfields program to aide business retention, expansion and relocation. 25 — Kimley iiom r /^1 and Associates,Irc. CRA—Finding of Necessity CRA IMPLEMENTATION OVER VIEW Tax Increment Financing Tax Increment Financing(TIF)is a funding tool available within CRAs. This funding tool provides that a portion of the increases in ad valorem revenues generated within the Community Redevelopment Area are deposited into a redevelopment trust fund. The year the Community Redevelopment Agency is established is known as the "base year". The taxing authorities continue to collect taxes based on the base year values while any taxes raised on increases in real property value are collected for the trust fund. As the taxable property values increase due to redevelopment projects, the redevelopment fund also increases. Tax increment financing is not an additional tax on properties but is a redistribution of funds to the CRA. It is important to note that property tax revenue collected by the School Board and any special district, such as for libraries, are not affected under the tax increment financing process. Funds are deposited to a trust fund by the taxing entities (city and county),after monies are received from the tax collector. The tax increment revenues can be used immediately as they are received to undertake planning studies or capital projects or other programs that serve the community redevelopment area. In addition, these funds can be saved for a particular project or can be bonded to maximize the funds available. All funds received from a tax increment financing area must be used for specific redevelopment purposes consistent with an adopted Plan and not for general government purposes. Section 163.387(1),Florida Statutes provides the following guidance for determining the TIF: The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, revenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be that amount equal to 95 percent of the difference between: (a) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and (b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage,upon the total of the assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in connection with the taxation of such property by each taxing authority prior to the effective date of the ordinance providing for the funding of the trust fund. Kimiey iom 26 Erin andAssodates,Inc. CRA—Finding of Necessity Funds deposited in the redevelopment trust fund may be expended only within the boundary of the redevelopment area and as described in the approved redevelopment plan. These requirements are articulated in Section 163.387(6),F.S., as follows: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants as provided in s. 163.370. (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds,bond anticipation notes, and any other form of indebtedness. (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of agency bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve,redemption,or other fund or account provided for in the ordinance or resolution authorizing such bonds,notes, or other form of indebtedness. (g) The development of affordable housing within the area. (h) The development of community policing innovations. Community Redevelopment Agency The activities and programs offered within a Community Redevelopment Area through the Redevelopment Plan are _ administered by the Community Redevelopment Agency. A five- to seven-member CRA Board created by the local • • - government directs the Agency. The CRA can be comprised of local government officials and or other individuals appointed by the governing body. The CRA Board can be comprised of local government officials and/or other individuals appointed by the city. Although CRAs are not overseen by the state, they are considered dependent special districts and have certain annual reporting requirements. The City of Cape Canaveral City Council will determine the composition of the CRA Board. Should the City Council elect to serve as the CRA Board, specific policies and procedures will need to be developed to ensure that the CRA Board functions are appropriately and independently undertaken from the customary City Council responsibilities. Examples include special meeting notices, separate minutes of the CRA Board, and separate tracking of CRA expenditures and activities. Existing city staff may be assigned responsibilities to coordinate CRA activities as the program develops. r=I1 KinsleyHorn 27 ! , and Associates,Inc. �.. CRA—Finding of Necessity The CRA has certain powers that the city or county may not have, such as establishment of tax increment financing and leveraging local public funds with private dollars to facilitate redevelopment. The CRA term is limited to 30 years, 40 years if extended. After that time, all revenues are retained by each taxing entity that contributed to the CRA trust fund. Community Redevelopment Plan The Community Redevelopment Agency is responsible for developing and implementing the Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area within a long-term capital improvements program(CIP). Projects may include a variety of elements or programs intended to spur private investment in the community redevelopment area. Streetscapes and roadway improvements, building renovations, new building construction, flood control initiatives, water and sewer improvements, parking lots and garages, neighborhood parks, sidewalks, street lighting and street tree plantings are typical of projects funded by community redevelopment agencies across the state. The plan can also include redevelopment incentives such as grants and loans to private owners and businesses within the community redevelopment area for such things as facade improvements, sprinkler system upgrades, signs, and structural improvements. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area; however, the boundaries of the area cannot be changed without undertaking a formal finding of necessity analysis. Steps to Formally Create the CRA The City has commenced the process to create a redevelopment area through its actions to engage the community in public visioning and adoption of objectives and policy statements within the City's Comprehensive Plan, The following steps are required to establish the CRA and are depicted on the subsequent flow chart: A. Adopt the Finding of Necessity. This will formally identify the conditions within the targeted area and establish the area boundary. This report can serve as the basis for considering the necessary formal actions to begin the process to engage the County in its review. B. As a Charter County, the City will need to seek and obtain delegation authority from Brevard County to establish the Community Redevelopment Area and Tax Increment Finance District. C. Develop and adopt the Community Redevelopment Plan. The plan further defines the needs of the targeted area, includes a specific program for encouraging redevelopment in the area. D. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. 28 crjr1 KimleyHor.n�I►— and Associates,Inc. #« . .fes ?� ` \} moi CRA-FaJnoNecessity '2= ;>>7> 42§ « { }) / \a | 2. B' t \ /} ) 0\ n §7[ ` ■ {CO }e e/ % m. n` t C 7 . .# m .s- . 0 ‹CD () \\\»\/\ � ' 0_ @ \/ \;>)ƒ¥/ $ _ _ - / )/)Z/9\ , , A ^ ^ 2.Sc"' «. - a) 4. {/{\ƒ! Z l\ 4 ` . 25 R k)} f w </t).1! m o C 2 m }„a o CO ƒ {\ q} { (/f 3=#»i @ ƒ\ \) / { )k / E«= f#I }\\�\ }j ƒ{� . . \ \ 2 ` o . R pIliirm.-_ P'FL . \{j) < %. 2 /ƒff \)ff 29 ■#k3 » , . .' f«$ 0 �\ myl ml¥Hm �. 1 andAssadates,Ira CRS[—Finding of Necessity LIST OF FIGURES Figure 1 —Proposed CRA Boundary Map Figure 2 —Future Land Use Map Figure 3—Zoning Map Figure 4—North Economic Development Boundary Map Figure 5—South Economic Development Boundary Map 30 7n KimleyHom and Associates,Inc. CITY OF CAPE CANAVERAL FINDING OF NECESSITY FIGURE 1: PROPOSED CRA BOUNDARY I diel ltd 1 a' 3 F i g t;mr ed Krudz Bird iiiim ,ca 1 j C'hxilrnper Rd - 17.` PI -60...... At.,..Rd 11rrnem Rd �\ ll A. !'sums We', d.:...e IR.I ttid2enu.l :a5[ • IIpr ? 111111 !!l11311ii r��rrliliril �11111111i1 _ j = '::::::taar: ns rfir° iamimr *. C �`!ii'rili 11111 OUNienum 111<�■ ®s do. ricrillir: i111t1IIBIiak P' " al 5Ti 110,,CSI)Lik / . Fr III cc ;,:7 mana-IETIM(Med:. .F.: ;7•,..;on i_ij ;..''.;1 C24 Pli_,40...00014 _ ___ . _ MN / UMW ! A, , ,,,,..„, ' x, list _Tow airimumasem gilKft jr,. ,741111114111111111111 1 744; r *rill IRIllii` ' `�_"��■ 11�N�lp Psi IIIIlI11U IPlii1181i1111r �i � ,�inimmi.ulu 1�+���,�`- rociiiiii-1:111417fMINNMIRsllll � alt l ,rm ■1 1�`1111111• 1'�'C ! _. RV ni 1111.1ritilliRMXIIPP7 ler glIR �1■I1Ilg 7� 1■1� zr. Miffl Irl -----* * "mum lily!!!!lull!_ _ • • ruPw � 1t1 '� 111 1�111�l l'�!a 1■111111 11111111 WHIM=/UlwS � I f'llk1111..314- ��X11111■11�1?i■IN!€1rC■11M11 nNIDIl1111111r�1F= MILIM!!LIm7 Illlllllill 11111 ■lilt ■Ii11IR i 4= Ellium=1 1111111111 HMI 13■11i IIIIIIIiIII■V= W 1.11111!ill% ■ 1-11111%1 l ( 11.111111E Ilan? �1�= 110111111 MEIII fd I ll 1111//// eV Villijoiki EL 11111 MOM N 1M1■1 MOW ■u lin moi" (!11111"` vipf i 1111 VIII::. 11111:I�ir/ffm. i milli Mum ■ Folli!/ E m1■mum 1..nnil11l1 `111111 uffill1 MIMIll 1111110`MEW !!11111111111!1111111111 1!1111 111-E ,,Mp 110 ■11■11{illiilli imine.' I X11=111111;1131. 1II1�( / X71.all u,: �r 1-1 !ai AIM r:latrigHiq 1#11!1 la V TNI Wi ft ire T ii fill■Iimum.lh<I NNW mill WWII SINE � I ■ Ili WNW 1111 .lll ell �111.111 11�■lllll 1Ii1tl V .llt ■ • ■ ii. 111111.1 j ki !� �. Ilaier.w LEGEND 2 IMO GarIRhI Ase Mil PROPOSED CRA BOUNDARY . • . ,r,har,t,r '" 1 i CINfiAmd Asa• 7 as N ]icKin a;.�,� AArt I Rau>!wr#tAie /�Y 'MiNaari TaRArc MI }. f ` (I 7% 1500 diUMIII f (ill FEET pow 1i, A A,r J NIA KimleyHom mr....mr1 and Associates.InaVritp ilantIn»:)[e JUNE 2012 inir _ Bartaas Ast CITY OF CAPE CANAVERAL FINDING OF NECESSITY FIIGURE 2® FUTURE LAND USE s = Zr 5 es D 5 41141114 �� _ �, - . Iiwrrcd King 117.1 1 '�iryx ce Challenger Rd !1{ .t.,, :klhanle,hd � ' } ------) Srapuri 13hd Flesch Park La llldg-and�x�r Curd Dr Hearne Pr ... C,in woodsitli.d {yc�,rz1 and r — f` "L . ( T , - %nrl Pr i M --- -- _ / 118AS�iCfBi i �,�, 'faPe taaf»wrrsi f .i. T4nnu heed �' ti :galore,Na.Driii -- 3 FifhlsihlatIr- _ J 1. ^-i IIL 1ia �i' 5-nn^n Rib. r i- I1,_i_.,-,_,J, k - 1 _s] I 7 mo-_ g4 pa VI * i ,- '_ itr L F 3 - Z ", rT LEGENDf.: O PROPOSED CRA BOUNDARY U 3 1 PROPERTIES IN CRA Q FUTURE LAND USE �' E' - 1 . -Cl-COMMERCIAL 1 e MI _ C2-COMMERCIAL c I CON-CONSERVATION ` r a` '` 1-1 -Nil-INDUSTRIAL `- Cr ear- -PUB/REC-PUBLIC/RECREATION Cape SI, - rtaer. RI-RESIDENTIAL Garfield Ate R2-RESIDENTIAL Cape ar[harhic R3-RESIDENTIAL C'Fe.elalul.e,c N McKiarel Ave - - Al Roe.,aiANC '''''''.:z 4' ern t 1511,1%,c+, 0 700 1,500 i r A i FEET 11'ilxinAa c Kimley.Flnrla �I♦�SPtl ASSOCA!S.he. Harding Me JUNE 2012 ' k3arkn.lm CITY OF CAPE CANAVERAL FINDING OF NECESSITY FIGURE 3: ZONING DISTRICTS 1 - > 7 - _ rho Rd ' I. [:eairgeJ Ring MIA it,,,,,,,,, e L•hallengc.Rd ti r,tl,ax r 0 lihudfs lid Seaport Rt,d beach I'rt,I n IRdRrstond M.e Coral Ur .. _..._. - IlaHlat•1)4 -.....' ,j :: •� -.. ()con 44.>ttds Hhd y� f/ Jm C. f'-i f '/ _ r "`� .Ctiunsl My ti W E fv . Sxs fIIr i �• • L'p L 1-r ! r- Vit, -.yr tT'� - Thorax ltf.d . - %fansae114flr f -j r Cnlutnhia I j 1 x G. Lang Painr I `t� ° L' -' i 1 /31 PP- 1 P '.`j Fr= ,i "11.,1"'"' 1: LEGEND '--111aPrIt_,g alla PROPOSED CRA,BOUNDARY r:. ,tom -- PROPERTIES IN GRA i::•c F.Si- �_.iGu;h a a.tc=- C.....) ZONING DISTRICTS I �1 -y.0a4 --Ell Ci-LOW DENSITY COMMERCIAL I �, _ ` JahrrkrEirr.. .E-1 C2-COMMERCIAL/MANUFACTURING 1 I� �� fir..t.fw-,. w M1-LIGHT INDUSTRIAL&R&D v C RI-LOW DENSITY RESIDENTIAL Calxeci, c Uwe. R2-MEDIUM DENSITY RESIDENTIAL. Garliuld n,e F 1 R3-MEDIUM DENSITY RESIDENTIAL r'agpR Yrthrr.a,e rle,alaml,l.c 4 %IcKinicl.trr N ARmwalt,... Frau Taft A,c 0 7517 1,500 41flir FLIP fEBT V%ibira Mc -.. �M��Klmlay-Har>q Hamlin,+,:41e i� and Associates.inc. JUNE 2012K Aartm,t'n 5 CITY OF CAPE CANAVERAL FINDING OF NECESSITY FIGURE 4: NORTH ECONOMIC DEVELOPMENT AREA PROPERTIES % i. ? Y 11141 Rd S x 9:wrl;ed>iGaC l31cA I bX 1,..11.allemper/Id 1 j .. 6.ai:c Dr, z ;; .tI1aA[.Ret ...t £Lrrneio Ad i- --- i, j 1 kiln"nariii ler r i f•Inr,gti;r Searors RIIII ;... Brnrb Part.Ln Ri yman-It.au -. � :Cur111Lr i : *A` 114tx1.11 1U eGpr ill f 1 3 3 F �� ri d� I3rc n"1t d Htt'e -.,. U iv'Ilannr r Jf -r I' ._—_ cC v :. i. n ;f nT _ • �r II 1 P. - -0R r 12.1{..elm,t*nrfrarrMr li 1 :Unroll Itivd 177 - it 4arre(ia,,,hr _ _, Y ji ' it iiI'3 7 � llli 1Oe1 rzl _ tl fll�!e'i.4f .. � e • .' tM uwllr ,t[darn No.,, -10;011'41-A‘ — tim7Ann n,r r - .'tNkrt e e c 4.41.121 ..-- l4 .' "- - !..) LEGEND .'C I' sparI41I d dart OPROPOSED ca. fiou nnai e;ar0eld,lli J NORTH ECONOMIC DEVELOPNfENT AREA PROPERTIES __ -rs[,e S Jrr trema Are [ r---CITY].Ty T5 (4, 1,4.1nr. 1l4Klnlc#sr N Ru�.crdt.ise . r --4 rrw Pnrt sLi. Info.Are 1 .Ilr . 0 750 1,500 -- FEET 1111.11..m e ! 11 KidlP, 5Sin - • ... '1N �� and Assotii, ins H:,n1Yrg We JUNE 2(112 - -.-'_-_-...___..... ttarlu.+.Rn 5 CITY OF CAPE CANAVERAL FINDING OF NECESSITY FIGURE 5: SOUTH ECONOMIC DEVELOPMENT AREA PROPERTIES r t:m[LcJ Kin BIrd fil f S.,„"hiR ChallengerR1 - CI Or T. ., tImith RJ , EPcrnrtn Rd - irT . Star.:msa nr ..._ i:-- I Pub.Wt'r ° Seulnrn Blvd Ifidgs'ond,ne. V'' ikra CyrJtu l-n - i - --, flak Armor of I - - -._._. d r e*ape t-anaverat O . ` T.Iumu plwl - • foil'umh1.br s.-4.4.,i/.1,..r:',7r.;7! .7'1 `r"hra'�f°' al--- , } � .- ;, II I A ... ... 1, 1-1,.Ir '� : - � f .T.�q°.,i'ann -_ Ill €P I r -°. € �r m. ° '€ ��nn- 7:.. �1 €1 L! . 3 - 'r/brans,r —� - 11 4i�id _€.— In3u. 111: `—`I - �y {._••. ratsi��<�.- i .aa,tipy Orr,e Or E 1 J } t a _ I lti. --11--- I V Y.eat St {=--.414-10;.^LES L. Va.. 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W i N Y N E G Y N fli E N ) L d N y i 93 Z 5.,' f0 o Z "' N a z N R -0 Z d N Z N�'j i5 '0 V N ) N '0 V `m IT X 97 V L "' m '0 V '" m '0 U 'L m a s 2 a a s 2 a if a a g ¢ 5- d a 2 ¢ IT a a a 1- h . er in us N to 1-11-1 .-1 ,I d i EI. 01,57-532,\ City of Cape Canaveral ikLCity Council Agenda Form *Mir City Council Meeting Date: 8/21/2012 Item No. 2) Subject: Adopt Ordinance No. 13-2012; amending Article IX of Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to prohibit Donation Bins within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Planning and Development Summary: Pursuant to a Mayoral Request, the Planning and Zoning Board considered whether to regulate the location of donation bins within the City at its March 28, 2012 meeting. A random sampling of other local governments revealed that most do not regulate donation bins. City of Cocoa regulates location of bins and Miami, Palmetto Bay, Hialeah and Cutler Bay prohibit them. The Planning and Zoning Board was concerned about the "look" of donation bins and did not think their placement in the City furthered the goals of the Community Visioning. The Board felt that there were other options for the donation of clothes, etc_ and therefore directed Staff to draft an Ordinance prohibiting donation bins within the City. In addition, a recent investigative report by a local television station reveals that even donation bins for nonprofits are typically operated by "for profit" companies that collect and sell donations, returning only a small percentage of profits to the charitable organization. chIpA Submitting Department Director: Barry Brown V Date: 8/10/2012 Attachments: 1) Ordinance No. 13-2012, 2) P&Z Board Recommendation, 3) P&Z Minutes, 4) Survey of Local Governments. Financial Impact: Cost to prepare and advertise the� ll Ordinance. Wrsi/ - Reviewed by Finance Director: John McGinnis Jl��l' Date: The City Manager recommends that City Council take the following action(s): Adopt Ordinance No. 13-2012 on First Reading. Approved by City Manager: David L. Greene D` Date: /ii 3/l City Council Action: [ I Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 13-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA, AMENDING ARTICLE IX OF CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO PROHIBIT DONATION BINS WITHIN THE CITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, large dumpster-like donation bins for clothing and other tangible personal property are oftentimes located on various properties throughout the City; and WHEREAS,currently,the City's Code of Ordinances does not regulate said donation bins as to their location or purpose; and WHEREAS,the City Council believes that these donation bins create an aesthetic blight on the community and are inconsistent with the City's long-term vision; and WHEREAS,given the unsightly appearance of the donation bins and the haphazard locating of the bins on various commercial and vacant properties,oftentimes in plain view of the City's main thoroughfares, the City Council desires to prohibit donation bins from locating on any property within the City; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110,Zoning, of the Code of Ordinances, City of Cape Canaveral,Florida,is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions,while asterisks(* * *)indicate a deletion from this Ordinance of City of Cape Canaveral Ordinance No. 13-2012 Page 1 of 3 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY * * * Sec. 110-490. served: Donation bins prohibited. It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored* kept or maintained,a donation bin in or on any lot,parcel or tract of land in any zoning district. As used in this section,"donation bin"shall mean any unattended container,receptacle or similar device that is located on any property within the City used for the solicitation, collection and storage of donations of clothing or other salvageable personal property.This term does not include recycle bins for the collection of recyclable materials. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph,number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like errors may be corrected and additions, alterations, and omissions,not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 13-2012 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2012. Rocky Randels, Mayor ATTEST: For Against John.Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 13-2012 Page 3 of 3 ,.;' / ', , ,,,,, / t,.. b�. Cityof .\-41---� - ,.� �L� Planning & Zoning Department CRYr OF �CAPC CAIsMIRAL • Date: March 29, 2012 r To: Barry Brown, Planning & Development Director e/ From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council - Ordinance Relating to Prohibiting Donation Bins At the Planning & Zoning Board meetings held on February 8th and March 28th, 2012, the Board discussed placement of donation bins within the City. Attached hereto are the meeting minutes pertaining to the Board's discussion relating to this issue. At the meeting held on March 28, 2012, the Board unanimously recommended that Council adopt an Ordinance prohibiting donation bins. 7510 N Atlantic Avenue— P.Q. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1206 —Fax (321) 868-1247 http://www.cityofcapecanaveral.org PLANNING &ZONING BOARD MEETING MINUTES MARCH 28, 2012 A Regular Meeting of the Planning & Zoning Board was held on Wednesday, March 28, 2012, at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Lamar Russell Chairperson Harry Pearson Vice Chairperson Donald Dunn John Fredrickson Ron Friedman OTHERS PRESENT Susan Chapman Secretary Kate Latorre Assistant City Attorney Barry Brown Planning & Development Director Andre Anderson Planning Design Group NEW BUSINESS 1. Approval of Meeting Minutes: February 8, 2012. Motion by Harry Pearson, seconded by John Fredrickson to approve the meeting minutes of February 8, 2012. Vote on the motion carried unanimously. 2. Recommendation to Board of Adiustment Re: Special Exception Request No. 12-01 to Allow a Retail Store to use Outside Display Areas in the C-1 Zoning District- (6811 N. Atlantic Avenue, Unit C)-A1A Beach Rentals LLC, Applicant. Barry Brown, Planning & Development Director, advised that this request was for a Special Exception for outside display of beach rental equipment. He advised that three businesses are located on the property: The Bald Strawberry, Flip Flop Pool & Spa Supplies, and A1A Beach Rentals. The applicant occupies 1,338 sq. feet of the building, which by Code allows an outside display area of 446 square feet. The Board viewed a projection of the site plan. Mr. Brown depicted the parking areas as well as the proposed outside display areas. Discussion followed regarding the site plan not matching the existing layout of the property. Ron Friedman noted that the Code does not allow for parking on the grass. Mr. Brown verified that there was adequate parking for all three businesses; the property was grandfathered from existing paved parking requirements; and the outside display of beach rental equipment is not allowed to be within the required 50 ft. building setback. He advised that any violation(s) of the Special Exception would be handled by City Code Enforcement. He advised that Staff has reviewed the request and recommends approval, with the condition that the Board Order list the items authorized to be displayed. Donald Dunn voiced a concern regarding after hour returns of rental equipment being left outside the building. Daniel Pattillo, Applicant, replied that the person who rents the equipment is responsible and liable for it. Therefore, he could not imagine anyone taking a chance on returning rented equipment and leaving it outside the building after hours. Planning&Zoning Board Meeting Minutes March 28,2012 Page 2 of 4 Harry Pearson announced that he did not feel comfortable moving the request forward to the Board of Adjustment with incomplete information. The Board members discussed the items that were not clearly shown on the site plan. Barry Brown advised that Staff would update the plan prior to forwarding it to the Board of Adjustment. Motion by Lamar Russell, seconded by Ron Friedman to recommend that the Board of Adjustment approve Special Exception Request No. 12-01, with the condition that the site plan show the scale; all display areas; parking; and grass areas. Vote on the motion carried by a (4) to (1) majority, with members voting as follows: Donald Dunn, for; John Fredrickson, for; Ronald Friedman, for; Harry Pearson, against; Lamar Russell, for. 3. Recommendation to City Council Re: Proposed Ordinance No. 06-2012 Relating to Resort Condominiums and Resort Dwellings aka Vacation Rentals. Kate Latorre, Assistant City Attorney, explained that since the adoption of Ordinance No. 04- 2007, which regulates Resort Condominiums and Resort Dwellings, there have been enforcement problems with building and fire code compliance. The City has also been involved in litigation with two resort rental properties. Council has recently given direction to Staff to write an Ordinance removing these regulations and allowing the State laws to regulate Resort Condominiums and Resort Dwellings. She stated that there will continue to be heightened State building and fire code requirements imposed on these uses. Further, since the City adopted this regulation, the Florida Legislature has adopted a Statute that will preempt any further local regulations. Because Council only meets once per month, and in an effort to expedite the process, the draft Ordinance was presented to Council on March 20, 2012. Since this is a Land Development Regulation, the Board is required to make a recommendation. Brief discussion followed. Motion by Donald Dunn, seconded by Harry Pearson to recommend that Council adopt the Ordinance, as written. Vote on the motion carried unanimously. 4. Recommendation to City Council Re: Adopting MA Economic Opportunity Overlay District Guidelines. Barry Brown, Planning & Development Director, reported that development of the A1A Economic Opportunity Overlay District for the North AlA corridor is continuing. He advised that the Guidelines were presented to property owners within the proposed A1A Overlay District. The Guidelines were also presented during the Economic Development Open House and at the Council meeting following that. He noted that this was the first time the Guidelines were being presented to the P &Z Board. Andre Anderson, Planning Design Group, gave a PowerPoint Presentation highlighting various revisions made over the past few months addressing the City's Vision, and discussions that have occurred regarding the City's desires. Mr. Brown advised that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Planning&Zoning Board Meeting Minutes March 28,2012 Page 3 of 4 Chairperson Russell inquired as to the status of the Beachwave project located within the AlA overlay area. Barry Brown advised that the Beachwave Site Plan was currently under review by Staff. He reported that the architectural elevations were reviewed by the Community Appearance Board who approved them with certain conditions. The Applicant appealed the four of the six conditions in the Board Order. That appeal was heard by the Council on March 20, 2012. The Council overturned the Board Order and added its own condition. He explained that given the fact that the Code is so vague, the Council did the feel that they had the legal standing to enforce the conditions. Mr. Brown stated that the City needs to continue to move forward with the Overlay District and city-wide architectural design standards. Discussion followed. Chairperson Russell asked if a new project was submitted today if the new Design Standards would apply. Barry Brown answered that Staff is in the process of drafting design standards and that we have moved far enough along that the City may be able to lean on the Notice of Pending Ordinance to support enforcing the new standards if a project was submitted. Discussion continued. Ron Friedman voiced his opinion that the City should not allow visual advertising for cruise parking, because it gives the City a "honky-tonk" appearance. Donald Dunn commented that he would like to see a roof-top restaurant on top of a 65 ft. building. The audience applauded. Comments from the audience included: increasing alternative vehicle pedestrian ways such as bicycles and Segway's, and increase access to them; urging the Board to move forward with recommending approval of the Guidelines and advance to the next step; workshop the Ordinance, not the Guidelines; and the City should maintain the 45 ft. height restriction. Barry Brown requested that the Board direct Staff to draft an ordinance based on the Guidelines to present to the Board at the next meeting. Mr. Brown advised that if the Board recommends Council approve the Ordinance at the next meeting the Ordinance would be scheduled for first reading at the May Council meeting, and second reading at the June Council meeting. Brief discussion followed. Motion by Lamar Russell, seconded by John Fredrickson, to direct Staff to write an ordinance based on the A1A Overlay District Guidelines, to be presented to the Board at the next meeting for recommendation to Council. Vote on the Motion carried unanimously. OLD BUSINESS 1. Continued Discussion Re: Donation Bins. Barry Brown advised Staffs research has revealed that most Cities do not address the placement of donation bins. The ones that do don't want them. He advised that there are four donation bins placed in the City. Ron Friedman advised that he was against them and they should be banned from being in the City. He commented that people can bring their donations to various thrift shops, churches, the Red Cross, etc. Barry Brown noted that certain establishments that accept donations will actually come to your home and pick up the items. John Fredrickson advised that he would be in favor of a church sponsored donation bin, placed against a building, on the church's property. Donald Dunn advised that he was against having donation bins placed outside; however, he would be in favor of a donation bin being placed inside the doors of a business or church. Harry Pearson inquired if the Board should direct Staff to write an Ordinance. Lamar Russell replied that the Board needed to decide if they want to allow donation bins to be placed in the City or not. Discussion continued. Planning &Zoning Board Meeting Minutes March 28, 2012 Page 4 of 4 Motion by Donald Dunn, seconded by Harry Pearson, to direct Staff to write and forward an Ordinance to Council to prohibit donation bins. Vote on the motion carried unanimously. OPEN DISCUSSION: Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 9:18 p.m. Approved on this assay of , 2012. Lamar Rus - , - ■ •erson Susan L. Chapman, Se retary ` • DONATION BINS Local Government Survey Brevard County Not regulated Rockledge Not regulated Cocoa Beach Not regulated Cocoa Regulated St. Augustine Not regulated Palm Bay Not regulated Titusville Not regulated Orlando Not regulated Naples Not regulated Melbourne Beach Not regulated Melbourne Not regulated Miami Prohibited Palmetto Prohibited Hialeah Prohibited Cutler Bay Prohibited CE A City of Cape Canaveral b ', `� -3- City Council Agenda Form f ,,Itaiiiiii„, City Council Meeting Date: 0812112012 _ Item No. // Subject: Consider a new request from the United States Board on Geographic Names, United States Geological Survey, to either recommend a geographic name or recommend leaving a Barrier Island in Brevard County unnamed. Department: Administration Summary: Since August 2011, the City of Cape Canaveral City Council has been approached by various entities and individuals to consider applying a name to the Barrier Island upon which Cape Canaveral, Cocoa Beach, Satellite Beach, Indian Harbour Beach, Melbourne, Indialantic, and Melbourne Beach, as well as portions of unincorporated Brevard County and Patrick Air Force Base, are located. At the Special City Council Meeting of September 6, 2011, the Council considered Resolution No. 2011-07 approving the naming of said Barrier Island as "Ponce De Leon Island" and asking other Governmental entities to concur in this naming. After a motion and second for approval, open discussion ensued regarding the historical validity of the Ponce De Leon story and the desire of some individuals to name the Barrier Island after a Native American Indian Tribe (Ais Indians). The motion failed 2-2 (see Attachment #1). At the Regular City Council Meeting of May 15, 2012, Council considered a request from the United States Board on Geographic Names (BGN), United States Geological Survey, to either recommend a geographic name (Ais Island or Ponce de Leon Island) or recommend leaving a Barrier Island in Brevard County unnamed. After open discussion, Council passed a motion to leave the Barrier Island unnamed with the motion passing 4-0. (see Attachment#2) Since that time, the City received a letter dated July 16, 2012 from BGN regarding a third proposal to apply the name "Coacoochee Island" to the same Barrier Island. The new proposal is intended to honor Seminole chief Coacoochee (see Attachment #3). The letter goes on to state that BGN is aware that the City has already provided an opinion on the two earlier proposals; however, the BGN is required to afford due process to any legitimate proposal that it receives. Therefore, they must request the City's recommendation regarding this third proposal. Submitting Department Director: Angela M. Apperson k Date: 08/02/2012 Attachments: Attachment #1 -- Special City Council Meeting Minutes of 09-06-2011. Attachment #2 — Regular City Council Meeting Minutes of 05-15-2012. Attachment#3 -- Letter from U.S. Board on Geographic Names dated July 16, 2012 Financial Impact: Staff time 1 Reviewed by Finance Director: John McGinnis Date:g- (0- \�. City Council Meeting Date: 08/21/2012 Item No. /1 Page 2 of 2 The City Manager recommends that City Council take the following action(s): Recommend a geographic name or recommend leaving unnamed a Barrier Island in Brevard County for the purpose of stating the City's Position for the Official Record of the United States Board on Geographic Names, United States Geological Survey. Approved by City Manager: David L. Greene co Date: g jll/2 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain /7-- / /7/14/6 // , CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 6, 2011 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:30 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Council Members Absent: Council Member Jim Morgan Others Present: City Manager David L. Greene Assistant City Attorney Kate Latorre Parks and Recreation Director Robert Lefever Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Lieutenant Alex Herrera Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham City Treasurer Andrea Bowers City Clerk Angela Apperson RESOLUTION: 1. Approve Resolution No. 2011-07; Relating to the Naming of the Island upon which Cape Canaveral, Cocoa Beach, Satellite Beach, Indian Harbour Beach, Melbourne, Indialantic, and Melbourne Beach, as well as portions of unincorporated Brevard County and Patrick Air Force Base, are located; making findings; approving the naming of said Island as Ponce De Leon Island; asking other Governmental entities to concur in the naming: Assistant City Attorney Latorre read the title of the Resolution into the record. Mr. Samuel Lopez explained a national celebration will take place in City of Cape Canaveral, Florida City Council Special Meeting September 6, 2011 Page 2 of 3 2013 to honor the 500th anniversary of the landing of Don Juan Ponce de Leon. The City of Melbourne Beach will be the host City for the King and Queen of Spain. He referred to work done by the Secretary of State, the Office of the Governor and explained the proposal for a 1.9 million dollar research center that is proposed to be built. He explained the details of the celebration plans and the purpose for the Resolution to name the barrier island. Teresa Lopez encouraged the passage of the Resolution. Rafael Picou, sculptor of the Ponce de Leon statue, explained the importance of Brevard County in the birth of the Nation and encouraged the passage of the Resolution. Joe Morgan, Chairman of the Brevard County Historical Commission, explained the actions of the Commission in reviewing the proposal of the naming of the island and encouraged the passage of the Resolution. City Historian Ray Osborne explained he received 15 responses to his survey and the opinions varied. He noted his support of these efforts. Discussion ensued and included: the position of Volusia County and St. Augustine; that there are no other proposals for the naming of the barrier island; and the actual naming of the island is accomplished by the U.S. Board on Geographic Names. Motion by Council Member Petsos, seconded by Mayor Randels, for approval of Resolution 2011-07. Mr. Frank Kuhn objected to the passing of this Resolution and urged for the island to be named after a Native American Indian Tribe. Shannon Roberts spoke in favor of the Resolution. Discussion resumed and included: whether Ponce de Leon murdered Native American Indians, the desire of the Centennial Celebration Committee to have nationalities bond together; the ir conflicting historical reports; the ship's logs and the inability to know what is the truth. ~ The motion failed 2-2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Morgan, Absent Mr, Petsos, For; Mayor Randels, For; and Ms. Walsh, Against. RESOLUTION: Public Hearing: 2. Approve Resolution No. 2011-13, a Resolution of the City of Cape Canaveral Adopting a Combined Rate of 4.0739 Mills for FY 2011/12: Assistant City Attorney Latorre read the title of the Resolution into the record. Mayor Randels reviewed the millage rate. Motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Resolution 2011-13. The Public Hearing was opened and Ms. Gay Clark asked why her taxes are going up so much. Mayor Randels indicated Cape Canaveral millage rate is not increasing; however, if your property value has increased due to the Homestead equity provision, your taxes would go up. He also indicated Cape Canaveral is a small portion of the overall tax bill and increases from the County and the School Board would raise the overall payment. The Public Hearing was closed. The motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, Absent; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. ORDINANCES: First Public Hearing: 3. Approve Ordinance No. 07-2011 Adopting the Proposed Budget for Fiscal Year 2011112: Assistant City Attorney Latorre read the title of the Ordinance into the record. Mayor Randels indicated the total budget for the next fiscal year is $13,061,800, which City of Cape Canaveral, Florida x City Council Regular Meeting ' �71Weg/11 May 15, 2012 Page 4 of 6 into the Code, severability, and an effective date, first reading: Attorney Garganese read the Ordinance title into the record; noted the recommendation of approval by the Planning and Zoning Board and provided a brief explanation of same. A motion was made by Council Member Petsos, seconded by Council Member Hoog, for approval of Ordinance 08-2012 based upon the Planning and Zoning Board Review and unanimous approval. Council Member Bond questioned primary use vs. secondary use; to which Mr. Greene indicated a business would have to be in the Ml zone to have a secondary use and would have to meet the minimum separation from a Residentially Zoned property. It was noted this type of activity must be also licensed by the State. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. ITEMS FOR ACTION: 7. Ordinance No. 09-2012; amending Article VI, Chapter 2, of the City Code related to Code Enforcement Citations; amending the list of City Code provisions enforced through issuance of a civil citation to include Chapter 62, Solid Waste; making conforming amendments to Chapter 62; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability; and an effective date: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Discussion ensued and included a citation can be issued by a Law Enforcement or Code Enforcement Official rather than having to prepare a case and send it to the State Attorney's Office; the need to place stickers and/or warning signage on all the dumpsters and collection bins; that items have been strewn about private property by individuals scavenging through collection bins; the loss of revenue and ability to meet State mandated recycling goals for the City when others take the recycling materials, and the fine amount of $100.00. A motion was made by Council Member Hoog, seconded by Council Member Petsos, for approval of Ordinance No. 09-2012. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. 8. Discuss and provide direction to Staff with respect to the Starting times for Council Meetings: Mayor Pro Tern Walsh provided a brief explanation of the trial period, which started the meetings at 6:00 p.m. A motion was made by Mayor Pro Tern Walsh, seconded by Council Member Petsos, to have Staff draft an Ordinance to implement the change. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. 9. Consider a request from the United States Board on Geographic Names, United States Geological Survey to either recommend a geographic name or, recommend leaving a barrier island in Brevard County unnamed: Council Comments supporting the City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2012 Page 5 of 6 naming after the Ais Indians and supporting leaving the barrier island unnamed were received. Mr. Frank Thomas, Melbourne Beach Town Historian noted the 500th Anniversary of the State and advocated for naming the Island to honor Ponce DeLeon for the discovery. A motion was made by Mayor Pro Tern Walsh, seconded by Council Member Petsos, to leave the Island un-named. The motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, Absent; and Mayor Pro Tern Walsh, For. REPORTS: 10, Council. Council Member Hooq: • Provided information about the Space Coast League of Cities Meeting. • Spoke about the regulation of taxi cabs and the liability issues and urged Staff to research any necessary changes to the City's Code. Mr. Greene indicated Todd Morley is working on changes to the Code. • The Fawlty Towers conversion to a nudist resort and the need to explore if the City needs changes to the Zoning regulations to prohibit this type of activity. • Noted cars backing up in front of the Villages of Sea Port while someone is attempting to enter their code to the gate. He indicated traffic gets tied up by individuals traveling south and waiting to turn left. Mr. Greene explained there is approximately 1 million dollars set aside for the improvements on N. Atlantic. When the 30% plans are received, Staff will review the entrances to see if any changes can be made to correct or lessen the situation. Council Member Petsos: • Questioned whether it would be beneficial to bring the utility billing back in house; to which Mr. Greene responded by explaining an official study has not been completed. However, he believes this would lead to the need for additional staff and with the limited space at City Hall that isn't possible at this time. He indicated the new budget contains strong recommendations for diversified revenue streams and focuses on the implementation of the CRA, the Overlay District and Brownfields. • Noted the off shore boat races are this weekend and inquired if there would be an additional presence on the beach by BCSO Deputies. Mr. Greene indicated the City is participating in advertising the event and the Sheriffs Office is going to be very active. He noted the bands playing at the Cove Market Place until 11:00 p.m., which is considered consistent with the City's noise Ordinance. He explained the cross advertising/marketing that is taking place with the City's website and electronic sign. • Urged Staff to pursue shared equipment agreement(s) with the County as mentioned by the County Manager at the Space Coast League of Cities Meeting. ri UNITED STATES BOARD ON GEOGRAPHIC NAMES In reply please use this address: � U. S. Geological Survey V°v'� 523 National Center by/90/017/ Reston, Virginia 20192-0523 g July 16,2012 Mayor Rocky Randels City of Cape Canaveral 201 Polk Avenue Cape Canaveral,FL 32920 Dear Mayor Randels: This is in reference to the proposals that the U.S.Board on Geographic Names(BON)has received,to apply a name to the unnamed barrier island in Brevard County. As you know,the BGN has been asked to make official either Ponce de Leon Island or Ais Island,and we have previously contacted your office for a recommendation. We greatly appreciate your attention to this matter and thank you for providing input. We have noted in the file that the City of Cape Canaveral recommends that the island be left unnamed. However,the BGN has now received a third proposal,to apply the name Coacoochee Island to the same barrier island. The new proposal is intended to honor Seminole chief Coacoochee. We are aware that your office has already provided an opinion on the two earlier proposals;however,the BGN is required to afford due process to any legitimate proposal that it receives,and therefore we must request your recommendation regarding this third proposal. As before,we have enclosed a copy of the latest application,along with a new Geographic Name Proposal Recommendation form for your convenience. As a reminder,the BGN may approve only one official name for a geographic feature,or may vote to leave the feature unnamed. We are asking all jurisdictions located on the island to indicate on the enclosed form their recommendation on the three proposals. We would like your response by September 30,2012. If you need additional time,please let us know. As soon as all jurisdictions have commented,we will present the three names,Ponce de Leon Island,Ais Island,and Coacoochee Island to the BON for discussion and a decision. Once again,we appreciate your continued attention in this matter. If you have any questions or to submit your recommendation,we may be contacted by mail at the address above; by telephone at(703)648- 4552;by fax at(703)648-4549;or by e-mail at<BGNEXEC@usgs.gov>. Sincerely yours, Lou Yost Executive Secretary U.S.Board on Geographic Names Enclosures • DGNP -Name Proposal Printout/Pdf Page 1 of 2 U.S. Board On Geographic Names (BGN) Domestic Geographic Name Proposal Summary Proppse Now or Change Name Name Proposal ID:7766 Date Created:;294.4AY-12 Date Submitted:.29-MAY-12 . . Proposed Nauss:iCoacoochee Action Requestsa:IName an unnamed feature Existing Name:- .,Barrier Island was created by Canaveral Barge Canal an the North and irebistial Inlet on the Smith:II MN never bean ; Unnamed Evidenam!officially named. Locally Used:No - Locally Used Years: . . ._ Local Conflict:t Na Leta]Conflict Detail: ,1Ale do not know if the locals use this island or not,i.e.boaters.There is no One liMiTe;liao;of that Is opposing the Additional Details:Island being named Coat:am:bee. _ Feature information GN1S Feature ID:;- Feature class:ISLAND Descriptive Informatlont'lltanier Island created by Canaveral Barge Canal on the narthe ad Sebastian inlet.tidnavearieen official named. Meaning or significencm,Benier Island • Commemorative:Yes iCoacoochee.member of the Council of the Original Miccosukee Simenotee Nation Aboriginal People defended and protected our Rights that we hold onto today and the Creators(God's)Creation,the Natural Law,Natural Areas, Biographical infomiation::Natural Systems and Mate. Supyartino Materials No information entered. States and Counties 1. State Mame j—COunty—ilaatti—e-1 , Florida arsenal _ Ronda Brevard Seoznplds Coordlnates . . , Obtained From Describe Other ' Let bog tMin Sec Long Deg Min ' Sec Decimal CaliDecimal Long Details I• Barrier Island Is located In Brevard County Berner Island Is ; Brevard Bonier Island , .1; Other located In Brevard 1 - • - - - Barge Canal on the Courtly 1 North and South end Settaastlen inlet an the . II South, Administrative Areas Adolfo Area Type ACIr4111 Details Details'1 OTHER(describe In Detalis field) Studer Island created by Canaveral Serge Canal-not sure where 0“!Adodnielmilve reepenelbilirtileel_..,coeuse Maps and Documents with Name . rj Details I Source Date Other Osunctl of the Ortginal Miccosukee Simenotee Nation AbodgInel People 1800 http://geonames.usgs.gov/pls/gnispublic/f?p=122783456:20151:784587659006637 YES 5/29/2012 DGNP-Name Proposal Printout/Pdf Page 2 of 2 ` Other (y -- -- .....__ nom��� � ' Authorities _ Last Nemo 7—I First Neme I Phone !'• Email Address Physical Address-1 City State ; Zip Occupation .; Years ! 9048540200 ; - P.O.Box 1452 Florida ! 33882 Clan Leader ; 50 !. ' . puke, Bole Last Nemo li First Name ! Phone • Email Address ; Physical Address-17 City 1. State j Zip 1 Company I Title ! 1 SUBMiTTER Belle Bobby 1 9046540200 1 Andentrees@tionnall.corn 1 P.O.Box 1452 1 piadd 1 Florida 33862 Shammies: !I Leader 1 ` . . . . . httpisnubY I22783456:20l51J845#7859008637 YES 5/29/2012 v os usGs =fence para cluing i q murk' 'oitx;o• U.S. BOARD ON GEOGRAPHIC NAMES GEOGRAPHIC NAME PROPOSAL RECOMMENDATION Proposed Geographic Names: Ponce de Leon Island-or- Ais Island -or-Coacoochee Island This is to notify the U.S. Board on Geographic Names that: City of Cape Canaveral Recommends that the U. S. Board on Geographic Names: (choose only one) Approve Ponce de Leon Island -or- Approve Ais Island -or- Approve Coacoochee Island -or- Leave the feature unnamed Comments(the following factors contributed to this recommendation; attach supporting documentation if appropriate): (Name) (Title) (Address) (Telephone) (City, State, ZIP Code) (E-mail) (Signature) (Date) Return to: U.S. Board on Geographic Names U.S. Geological Survey 523 National Center Reston VA 20192-0523 Telephone: (703) 648-4552 Fax: (703) 648-4549 E-mail: BGNEXECGausgs.gov t ;iv, City of Cape Canaveral cii4' City Council Agenda Form '4iiiii City Council Meeting Date: 8/21/2012 Item No. /2 Subject: The Mayor and City Council discuss/announce scheduling of the required Brownfields Public Hearing for the September 18, 2012 Council Meeting at 6 pm in the Library Meeting Room at 201 Polk Avenue. Department: Planning and Development Summary: The Brownfields Redevelopment Program is an economic development program designed to provide incentives for redevelopment. A Brownfields designated area is eligible for Federal and State incentives. Federal incentives take the form of grants to fund environmental assessment, clean up and job training. State benefits include financial incentives (job creation refunds, tax credits and loan guarantees) and regulatory benefits such as liability protection and expedited review of technical documents. Two Public Hearings are required to establish a Brownfields Redevelopment Program. The purpose of the first meeting is "to provide an opportunity for public input on the size of the area, the objective for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations and other relevant local concerns". In addition to notice in a local newspaper, an announcement must be made at a scheduled meeting of the local governing body before the actual Public Hearing per Florida Statutes 376.80 (2)(a) "If a local government proposes to designate a brownfield area that is outside community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas, the local government shall adopt the resolution and conduct the public hearings in accordance with the requirements of subsection (1), except at least one of the required public hearings shall be conducted as close as reasonably practicable to the area to be designated to provide an opportunity for public input on the size of the area, the objectives for rehabilitation, job opportunities and economic developments anticipated, neighborhood residents' considerations, and other relevant local concerns. Notice of the public hearing must be made in a newspaper of general circulation in the area and the notice must be at least 16 square inches in size, must be in ethnic newspapers or local community bulletins, must be posted in the affected area, and must be announced at a scheduled meeting of the local governing body before the actual public hearing." Consider this agenda item to be the required announcement of the first Public Hearing scheduled for the Council meeting on September 18, 2012. Submitting Department Director: Barry Brown # 1 Date: 8/13/2012 Attachments: None. Financial Impact: None. Reviewed by Finance Director: John McGinnis ate: gkjy/a o/'� City Council Meeting Date: 8/21/2012 Item No. / 2- Page 2 of 2 The City Manager recommends that City Council take the following action(s): The Mayor and City Council discuss/announce scheduling of the required Brownfields Public Hearing for the September 18, 2012 Council Meeting at 6 pm in the Library Meeting Room at 201 Polk Avenue. Approved by City Manager: David L. Greene <9 "x."-a- Date: 8 ( /. Az City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain