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HomeMy WebLinkAboutcocc_council_mtg_packet_20190917CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA September 17, 2019 6:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS: 6:15 p.m. 6: 25 p.m. Presentation of Proclamation joining the Economic Development Commission of Florida's Space Coast in celebrating our Military through the "Space Coast Salutes Our Military" bumper sticker campaign. Interview Applicant for appointment to the Board of Adjustment. (John Bond) CONSENT AGENDA: 6:25p.m.6:30p.111. 1. Approve Minutes for August 20, 2019 Budget Workshop and Regular Meeting and August 29, 2019 Special Meeting. 2. Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2019-14; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2019-15; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida City Council Meeting September 17, 2019 Page 2 of 2 5. Resolution No. 2019-18; reappointing members to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Larry Holmes and Therese Zyhowski) 6. Resolution No. 2019-20; appointing a Member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (John Bond) 7. Consider approving the Wave Village Development Agreement proposing a mixed -use, multi -phase Port of Call Facility project on approximately five (5) acres of real property located at 8801 Astronaut Boulevard and within the AlA Economic Opportunity Overlay District. PUBLIC HEARINGS: 6: 30 p.m. 6: 50 p.m. 8. Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. 9. a. Resolution No. 2019-19; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2019/20 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. b. Ordinance No. 16-2019; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing for an effective date, second reading. 10. Ordinance No. 17-2019; amending the Supplementary Zoning District regulations regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. REPORTS: 6: 50 p.m. 7: 00 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation joining the Economic Development Commission of Florida's Space Coast in celebrating our Military through the "Space Coast Salutes Our Military" bumper sticker campaign. Department: Economic Development Summary: The Economic Development Commission of Florida's Space Coast (EDC) is launching a County -wide "Space Coast Salutes our Military" recognition campaign to encourage regional awareness in appreciation of our United States Armed Forces and their family members who have an economic impact of $1.1B in FY 2017/2018 and military retirees residing in Brevard County, who receive over $992.8M in military pensions. Brevard County is home to Patrick Air Force Base, Cape Canaveral Air Force Station, the 45th Space Wing, Naval Ordinance Test Unit, Florida Air National Guard, the United States Coast Guard and numerous military organizations and their families, all of whom strengthen our economy and quality of life. It is appropriate to recognize, honor and encourage the dedication and commitment of members of the United States Armed Forces in serving the United States. Building partnerships between the public/private sector, our Military personnel and their families solidifies our commitment to, and our appreciation of, the United States Armed Forces in preserving our freedoms. The City of Cape Canaveral joins the EDC in Celebrating our Military and supporting the "Space Coast Salutes our Military" bumper sticker campaign. Present tonight to accept the Proclamation are EDC staff member Trudy McCarthy and Space Coast Defense Alliance Task Force representative Robert Jordan. Submitting Director: Todd Morley Date: 9/10/19 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Present this Proclamation to representatives from the EDC and the Space Coast Defense Alliance Task Force. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 [CITY SEAL] OFFICIAL PROCLAMATION CITY OF CAPE CANAVERAL, FLORIDA WHEREAS, The Economic Development Commission of Florida's Space Coast is officially launching a County -wide "Space Coast Salutes our Military" recognition campaign to encourage regional awareness in appreciation of our United States Armed Forces and their family members who have an economic impact of $1.1B in FY 2017/2018 and military retirees residing in Brevard County, who receive over $992.8M in military pensions; and WHEREAS, Brevard County is home to Patrick Air Force Base, Cape Canaveral Air Force Station, the 45th Space Wing, Naval Ordinance Test Unit, Florida Air National Guard, the United States Coast Guard and numerous military organizations and their families, all of whom strengthen our community, economy and quality of life; and WHEREAS, it is appropriate to recognize, honor and encourage the dedication and commitment of members of the United States Armed Forces in serving the United States; and WHEREAS, building partnerships between the public/private sector, our Military personnel and their families solidifies our commitment to, and our appreciation of, the United States Armed Forces in preserving our freedoms. NOW, THEREFORE, I, Robert E. Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby Proclaim that the City of Cape Canaveral joins the Economic Development Commission in CELEBRATING OUR MILITARY AND SUPPORTING THE "SPACE COAST SALUTES OUR MILITARY" BUMPER STICKER CAMPAIGN Signed and Sealed this [blank] Day of [blank] [blank] Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Board of Adjustment. (John Bond) Department: Community Development Summary: John Bond is a local business owner and experienced real estate broker with a great deal of local government knowledge. He is a licensed residential inspector and previous Director of Maritime Operations and Development for a national company. Mr. Bond was previously a member of the City's Board of Adjustment (BOA), and served for three (3) years as its Chairman. Mr. Bond also served two (2) terms on the City Council. 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 complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Currently, there are only two (2) members of the BOA, which does not constitute a quorum and therefore a meeting cannot be convened to conduct the requisite interview. However, as outlined above, Mr. Bond's experience with local government and the Board of Adjustment are mitigating factors. Based on the applicant's interest and previous experience with the BOA, it is recommended that he be appointed by the City Council. Submitting Department Director: David Dickey Date: 9/10/19 Attachment: Board Application — John Bond Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Interview Applicant. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: John Bond 2. Home Address: 8931 Lake Drive 506, Cape Canaveral, Florida 32920 3. Home and Cellular Telephone: Home 321-799-1810 Cell 321-298-1118 4. Occupation: Real Estate Broker 5. Business Telephone: 321-450-2479 6. Business Address: 8010 N. Atlantic Ave., Suite 3, Cape Canaveral, Florida 32920 7. E-Mail: home©johnbond.net 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) Y (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) Y (N) 3a. Are you a Business owner: (Y) Y (N) 3b. If yes to 3a, please list the name: Cape Canaveral Real Estate, P.A. 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) 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) 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) Y (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) N 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I previously served as the Chair of this same board. I have also served on the City Council. I own a both a residence and business here in the city and wish to resume performing my civic duty. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 1 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: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Three years as Chair of the City of Cape Canaveral Board of Adjustment and two terms as a member of the City Council. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. See number 3 and add Licensed Real Estate Broker, Licensed Residential Inspector, business owner, and previous Director of Maritime Operations and Development for a national company. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2of3 RACE GENDER African-American x Male Asian-American Female Hispanic-American Not Known Native-American x 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. • 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. 207. Signature: P. John Bond Date: 09/10/2019 Please return to: City of Cape Canaveral Office of the City Clerk 100 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3of3 Item No. 1 D RA F T CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral,Florida TUESDAY August 20,2019 4:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:00 PM. Mayor Pro Tem Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Community Development Director David Dickey Community Services Director Joshua Surprenant Leisure Services Director Gustavo Vergara Capital Projects Director Jeff Ratliff Economic Development Director Todd Morley Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Michael Green Canaveral Fire Rescue Chief Dave Sargeant PUBLIC PARTICIPATION: Bill Hodge, 369 Harbor Drive, discussed Tax Increment Funding, the Community Redevelopment Agency, General Fund and Non-Departmental Budget items. City Manager Greene explained the Community Redevelopment Agency is technically a Tax Increment Financing District, the Multi-Generational Facility's remaining costs will be determined after the City goes out to bid and suggested Mr. Hodge review Non-Departmental details in the Budget to gain more information regarding those expenditures. Sarah Hodge, 369 Coral Drive, expressed concerns over the size and costs of the Multi-Generational Facility and her opinion that such a project should be voted on by the community. Mickie Kellum, 8910 Coquina Lane, requested improvements to Veterans Memorial Park. Ray Osborne, 209 Holman Road, discussed the possibility of using municipal bonds. City Manager Greene explained how the City is using municipal financing at 2.05%interest or less, municipal bond rates and costs are much higher and suggested Mr. Osborne speak with Staff for more information. DRAFT City of Cape Canaveral, Florida City Council Budget Workshop Meeting August 20, 2019 Page 2 of 2 DISCUSSION: 1. Proposed Fiscal Year 2019/2020 Budget and Five (5) Year Capital Improvement Plan: Discussion ensued and included updates and modifications to the proposed Budget since the last City Council Workshop, the need for upgrades and affordability of projects within the Budget, City Budget process and the roles of Council Members, City Manager, Visioning Statement, Goals and Objectives and City Staff , rising property values, proposed shifts in the Budget as being higher priority, Mobility/Striping Project, sidewalks and lighting improvement opportunities on Central Avenue and State Road A1A; Brevard County Board of Commissioners position regarding CRA private property enrichment grant programs and the Cape Canaveral Community Redevelopment Agency's public infrastructure projects; budgeted new City entrance signs on South State Road A1A and Ridgewood Avenue and the beach cross -over improvement program; the balanced Proposed Budget, differing opinions on municipal budgeting processes and purpose of City Workshop meetings. Mayor Hoog opened Public Participation. Felicity MacDonald, 319 Adams Avenue, expressed concerns over the need to discuss priorities, spoke in favor of the signage coming into the City and shared opinions on expectations from Council. Bill Sloot, 8924 Puerto Del Rio Drive, expressed support of the Council position on the City Community Redevelopment Agency, shared opinions regarding City workshop proceedings, how Council should consider ways to benefit from the increase in beach visitors and City name recognition. Diane Callier, 425 Buchanan Avenue, expressed support for the Multi -Generational Facility, its cost and investment in the community; and voiced appreciation for improvements to City meeting proceedings. Discussion ensued and included the next steps in adoption of the Budget to include first Public Hearing on Tuesday, September 3, 2019 at 5:30 p.m. and second Public Hearing on Tuesday, September 17, 2019 at 6:00 p.m., Council to receive an updated Budget the week prior to the first Public Hearing, clarification of why Speaker Cards need to be completed for public participation, established time limits for speakers and more citizen involvement next year. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:27 PM. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor D RAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY August 20,2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Community Development Director David Dickey Community Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Staff Historian and Cultural Programs Manager Molly Thomas Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Mike Green PRESENTATIONS: Presentation of Proclamation recognizing Cape View Elementary School for the "A"Rating received from the Florida Department of Education, to Cape View Elementary School Principal Jill Keane.: Mayor Pro Tem Brown presented the Proclamation to Principal Keane on behalf of Cape View Elementary School. Principal Keane thanked Council and Staff for their continued involvement and support of the School. Presentation of Proclamation welcoming and recognizing the 2019 International Youth Exchange Program students and chaperones from Kimotsuki, Japan.: Council Member Raymond presented the Proclamation to students and chaperones. Students read a letter to Council, sang songs in Japanese and English and exchanged gifts with Mayor Hoog. Presentation by Georganna Gillette, Executive Director, Space Coast Transportation Planning Organization (SCTPO).: Executive Director Gillette provided highlights of a PowerPoint presentation that included the transportation planning process for Brevard, the Vision Zero approach to traffic safety and several priority projects for the Cape Canaveral area. DRAFT City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2019 Page 2 of 4 PUBLIC PARTICIPATION: Ray Osborne, 209 Holman Road, discussed the idea of historic districts in the City and the Conservation Zoning Districts Agenda Item. Jeanne Abright, 153 Riverside Drive, shared concerns regarding dogs on the beach. Mayor Hoog suggested calling the non -emergency phone number for the Brevard County Sheriff's Office. Mickie Kellum, 8910 Coquina Lane, shared concerns regarding a recent incident that happened during the last Culture and Leisure Services Board meeting, suggested mandatory security training and requested to schedule brainstorm events and other Community talks at a later time. Andrew Dodge, 395 Harbor Drive, discussed a cell tower planned for installation at the end of his street, concerns over its placement and requested Council deny the permit. Discussion ensued regarding State and Federal laws prohibiting the City from taking action, the cell company plan to blend the poles into existing tree coverage and conceal utility equipment; limitations on pole placement and time constraints on processing permits. Mayor Hoog suggested Mr. Dodge speak with Community Development Director Dickey and City Attorney Garganese for additional information. INTERVIEWS: Interview Applicants for appointment to the Community Appearance Board. (Marlene Woodside and Geoffrey Zuercher): Ms. Woodside shared her background and experience in serving the City. City Attorney Garganese confirmed the information in her application was true and correct. City Attorney Garganese confirmed the information in Mr. Zuercher's application was true and correct. Mr. Zuercher shared his background and desire to serve on the Board. Council addressed and thanked both Applicants. Interview Applicant for appointment to the Planning and Zoning Board. (Dr. Michael Miller): Attorney Garganese confirmed the information in Dr. Miller's application was true and correct. Dr. Miller shared his background and desire to serve on the Board. Council addressed and thanked the Applicant. CONSENT AGENDA: Mayor Hoog inquired if any Items needed to be removed for discussion. No Items were removed. 1. Approve Minutes for July 16, 2019 City Council Budget Workshop and Regular Meetings and August 6, 2019 Regular Meeting. 2. Resolution No. 2019-11; appointing members to the Community Appearance Board and Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Marlene Woodside, Geoffrey Zuercher and Dr. Michael Miller) 3. Request City Council approve the memorandum of understanding (MOU) for the East Central Florida Regional Resilience Collaborative (ECFR2C) approved by the East Central Florida DRAFT City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2019 Page 3 of 4 Regional Planning Council (ECFRPC) on May 15, 2019 and authorize the Mayor to execute it on the City's behalf. 4. Request City Council review and accept the City's Vulnerability Assessment titled Resilient Cape Canaveral, created by the East Central Florida Regional Planning Council (ECFRPC) and funded by a grant from the Florida Depailment of Environmental Protection (FDEP) through their Florida Resilient Coastlines Program (FRCP), a National Oceanic and Atmospheric Administration (NOAA) approved program, which examines the impacts of sea level rise and flooding in the City of Cape Canaveral. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to approve the Consent Agenda. The motion carried 5-0. PUBLIC HEARING: 5. Ordinance No. 15-2019-, establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Planning and Zoning Board Chair Pennie Zuercher, 8657 Villanova Drive, confirmed at its Regular Meeting of July 30, 2019, the Board unanimously recommended adoption of Ordinance No. 15-2019 to the City Council. Public Hearing was closed. Discussion ensued and included more information provided to Mr. Osborne by City Attorney Garganese that the Ordinance establishes the zoning district and there will be amendments to the City Official Zoning Map after adoption which identifies specific parcels of land where the new district will overlay throughout the City. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown to approve Ordinance No. 15-2019 at first reading. The motion carried 5-0. ITEM FOR ACTION: 6. Wave Village Development Agreement: City Attorney Garganese explained the Item. Attorney Kim Rezanka, representing Developer Oshri Gal, distributed materials and requested direction from City Council on how to proceed. Discussion ensued and included disagreements between the City and the Developer regarding the Development Agreement process, issues requiring resolution before City Council approval of the Item and how close both parties are in proceeding forward. City Manager Greene suggested Staff would work with the Developer, sans his involvement, and have the Agreement ready for the Regular City Council Meeting in September if Council so wished. Mayor Hoog stated his desire to uphold the policies of the City and would take the advice of City Attorney Garganese to have Community Development Director Dickey meet with the Developer. Discussion ensued. Council reached consensus to allow a meeting to be scheduled between Developer Gal, Attorney Rezanka, Community Development Director Dickey and City Attorney Garganese for Friday, August 23, 2019 at 10:00 A.M. regarding the Development Agreement and possible placement on the Regular City Council Meeting Agenda of September 17, 2019 for approval. DRAFT City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2019 Page 4 of 4 REPORTS: Council Member Raymond discussed attending the Florida League of Cities Legislative Policy Meeting in Orlando, Space Coast League of Cities August meeting in Cocoa Beach, new playground ribbon -cutting at Cape View Elementary School, Food Truck Street Party at City Hall, Florida League of Cities Rethinking Homelessness Symposium and Annual Conference in Orlando where it was announced that Mayor Hoog has been awarded the Mayor John Land Years of Service Award honoring twenty (20) years of public service. Council Member Morrison discussed attending the National Veterans Homeless Support Dinner at the Radisson in Cape Canaveral, Florida Department of Transportation Meeting, thanked Staff for continuing citizen outreach meetings throughout the community, thanked those involved in helping to spruce up Veterans Memorial Park and remembering those who passed away, support for the search efforts related to missing boaters and firefighters Brian McCluney and Justin Walker and thanked the Coast Guard and Coast Guard Auxiliary for their service. Mayor Pro Tem Brown thanked First Responders and Staff. Mayor Hoog urged keeping the two (2) missing firefighters in everyone's prayers. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:11 PM. Mia Goforth, City Clerk, CMC Bob Hoog, Mayor DRAFT CAPE CANAVERAL CITY COUNCIL SPECIAL MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral,Florida TUESDAY August 29,2019 2:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 2:00 PM. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Members Absent: Council Member Angela Raymond Others Present: City Manager David L. Greene City Clerk Mia Goforth Community Development Director David Dickey Community Services Director Joshua Surprenant Economic Development Director Todd Morley Deputy Finance Director Melinder Huser Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Lieutenant Ross Torquato Canaveral Fire Rescue Chief Dave Sargeant ITEMS FOR ACTION: 1. Resolution No. 2019-16; declaring a State of Emergency by the City Council effective this 29th day of August, 2019, for all the territory within the legal boundaries of the City of Cape Canaveral; repeal of prior inconsistent resolutions, severability and an effective date: Community Services Director Surprenant read the title into the record. Mayor Hoog explained the Item. City Manager Greene provided details on the City plan involving Hurricane Dorian. Discussion ensued and included how,to Staff's knowledge,Brevard County would be declaring a State of Emergency that evening and an evacuation notice would be issued the next day (August 30, 2019), the City being fully prepared and contract agencies ready, all City offices scheduled to be closed on Friday, August 30, 2019, a small crew will be checking lift stations the next day and Waste Pro would be removing debris over the weekend.A motion was made by Council Member Randels,seconded by Council Member Morrison to adopt Resolution No.2019-16.The motion carried 4-0,with Council Member Raymond absent. 2. Resolution No. 2019-17; providing for a temporary waiver of Building Permit fees for repairs related to the anticipated building or structural damage caused by Hurricane Dorian; providing for an intent and purpose of this Resolution; providing for a filing period for eligible City of Cape Canaveral, Florida City Council Special Meeting August 29, 2019 Page 2 of 2 building permit applications; providing for severability and an effective date: Community Services Director Surprenant read the title into the record. City Manager Greene explained the Item. Discussion ensued and included how the action will aid the City after the storm, extending beyond sixty (60) days if necessary, waiving of fees is automatic based upon information members of the community must provide to Staff, the action foregoes revenue to the City, reimbursement takes one to two years, reimbursements from Hurricane Matthew and Irma are closed out, Staff will perform due diligence in damage assessment post storm which will help individual eligibility and concerns expressed regarding affordable housing, school teachers and first responders in the City. A motion was made by Council Member Randels, seconded by Council Member Morrison to adopt Resolution No. 2019-17. The motion carried 4-0, with Council Member Raymond absent. ADJOURNMENT: There being no further business, the Meeting adjourned at 2:19 PM. Mia Goforth, City Clerk Bob Hoog, Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 2 Subject: Resolution No. 2019-13; certifying a Right -of -Way and Maintenance Map of Oak Lane located within the jurisdictional limits of the City of Cape Canaveral, Florida; providing for the filing of the Map in the Office of Clerk of the Circuit Court of Brevard County pursuant to Section 95.361, Florida Statutes; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community Development Summary: As far as the City can determine, Oak Lane first appeared in the unrecorded plat of Jewell Properties, Inc., dated June 15, 1956. The City was incorporated in 1963. Pursuant to City of Cape Canaveral Resolution No. 77-39, the City Council previously applied to Brevard County in 1977 for conveyance of that certain land commonly known as Oak Lane. Thereafter, a substantial portion of Oak Lane was conveyed to the City by Brevard County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at page 429. The portion of Oak Lane conveyed to the City by Brevard County, and the remaining portion of Oak Lane connecting the former County portion to N. Atlantic Avenue, have been regularly maintained or repaired continuously and uninterruptedly by the City for approximately more than four decades as an unpaved public road. As more fully explained in the Agenda Item for the proposed Ordinance No. 17-2019, due primarily to the current unpaved status of Oak Lane and competing surveys related to several single-family homes constructed in 2014/2015 on lots abutting the southern boundary of Oak Lane, the location of the Oak Lane Right -of -Way was being questioned by some of the property owners including whether the four (4) single-family homes constructed by Sheropa, LLC. are in compliance with the minimum 25-foot front -yard setback requirement under the City Code. As a result, on September 4, 2018, the City engaged Campbell Surveying, LLC. to prepare a Map of Survey to, among other things, establish the legal description for the Oak Lane Right -of -Way and to install survey markers evidencing the location of the right-of-way, and to identify private improvements existing within the right-of-way. In addition, Campbell Surveying, LLC. also prepared a Right -of -Way and Maintenance Map of Oak Lane suitable for recording with the Clerk of Court of Brevard County in accordance with law. (Attachment 1, Exhibit A). The Right -of -Way and Maintenance Map and Map of Survey have identical legal descriptions for Oak Lane, but serve different purposes. A draft of the Map of Survey was provided to all property owners abutting Oak Lane. City staff noticed and conducted a community meeting on May 15, 2019, with the property owners with surveyor John Campbell to discuss the Map of Survey. City staff received verbal and written comments from property owners regarding the proposed legal description for Oak Lane. After the meeting, adjustments to the Oak Lane survey and legal description were made by the Campbell Surveying, LLC. to address the comments pertaining to the boundaries of Oak Lane, primarily regarding the width of Oak Lane commencing at the northwest corner and the northern boundary of Oak Lane. Section 95.361, Florida Statutes authorizes the state, counties and municipalities to certify and record right-of-way maps with the clerk of the circuit court when public roads are regularly maintained or repaired continuously and uninterruptedly by the applicable government agency for a statutory minimum number of years of 4 (four) or 7 (seven) years. The recording of the City Council Meeting Date: 9/17/2019 Item No. 2 Page 2 of 2 map notes for the public record the location of the roadway in question and that all right, title, easement and appurtenances to roadway are vested in the government agency certifying and recording the map. The recording of a right-of-way map is intended to provide the government in question and the public certainty as to the location and right, title easement and appurtenances to public roads. Under the aforementioned circumstances, City staff is recommending that the City Council adopt Resolution No. 2019-13 certifying and recording the Right -of -Way & Maintenance Map of Oak Lane with the Brevard County Clerk of the Circuit Court. This item was originally scheduled to be heard at the Regular City Council Meeting of Tuesday, September 3, 2019 but was cancelled on September 2, 2019 due to the projected impacts of Hurricane Dorian. SubmittingDepartment Director: David Dickey Date: 9/10/19 Attachment: Resolution No. 2019-13 including Exhibit A (Right -of -Way and Maintenance Map of Oak Lane) Financial Impact: Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-13. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 RESOLUTION NO. 2019-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING A RIGHT-OF-WAY AND MAINTENANCE MAP OF OAK LANE LOCATED WITHIN THE JURISDICTIONAL LIMITS OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE FILING OF THE MAP IN THE OFFICE OF CLERK OF THE CIRCUIT COURT OF BREVARD COUNTY PURSUANT TO SECTION 95.361, FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Oak Lane is a City public road located within the jurisdictional limits of the City of Cape Canaveral, Florida; and WHEREAS, Oak Lane is one of two (2) remaining unpaved City public roads located within the City of Cape Canaveral; and WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page 429, and that portion and the remaining portion of Oak Lane have regularly been maintained or repaired continuously and uninterruptedly by the City for decades, and all right, title, easement and appurtenances to Oak Lane herein described vested in the City of Cape Canaveral, in accordance with provisions of Section 95.361, Florida Statutes, or by other lawful means of acquisition including by County Deed; and WHEREAS, the City Council hereby finds that it is in the best interests of the public health, safety and welfare to certify and record the Right -of -Way and Maintenance Map of Oak Lane described herein and to declare of record said road to be a dedicated public road; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. Certification of Map; Execution of Certificate of Approval. The City Council of the City of Cape Canaveral hereby certifies the Right -of -Way and Maintenance Map of Oak Lane prepared by Campbell Surveying, LLC, as attached hereto and incorporated herein by this reference as Exhibit "A." The Mayor and City Clerk are hereby authorized to complete and execute the Certificate of Approval by the City Council of Cape Canaveral set forth on the Right - of -Way and Maintenance Map. City of Cape Canaveral Resolution 2019-13 Page 1 of 2 Section 3. Recording of Map and Resolution. Upon completion and execution of the Certificate of Approval referenced in Section 2 herein, the City Clerk is hereby instructed to record the Right -of -Way and Maintenance Map in the office of clerk of the Circuit Court in Brevard County in accordance with Section 95.361(3), Florida Statutes. In addition, a copy of this Resolution shall also be recorded in the Official Records of Brevard County, Florida. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 17th day of September 2019. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution 2019-13 Page 2 of 2 IGHT OF WAY Sz MAINTENANCE MAP 11 Ar,CCWONMSMHEFRC2IALVLHDIG'N'OEW" E"T OCCUPIES CORNER POSITION. CORNER MATHEMATICALLY F2E-ESTABLISHED FROM DOCUMENTS OF RECORDS LISTED. CCR#0015013, CCR#0018708 CCR#0034963 ALSO FROM TIES FROM O.R.B. 2615. PAGE 860,0TE, THIS CORNER IS ACCEPTED BY COMMON REPORT AS NOTED IN CCR# 0015015. 2.. IRON PIPE NORTHWEST CORNER OF LOT A TUTEN'S SUBDIVISION PLAT BOOK I, PAGE 22 LOCATION FROM PREVIOUS SURVEY I/2” IRON ROD 8, ILL EPGRIDBPLRE'CIAN.P ON SECTION LINE. LOCATION I FROM PREVIOUS SURVEY I 1/2'. IRON PIPE SOUTHVVEST CORNER OF THE NORTH 165 FEET OF LOT A TUTEN'S SUBDIVISION PLAT BOOK I, PAGE 22. LOCATION FROM PREVIOUS SURVEY LOT A LOT B SOUTHVVEST CORNER OF THE NORTH TUTEWS SUBDIVISION 66 FEET OF LOT B TUTEN'S PLAT BOOK I, PAGE 22 SUBDIVISION PLAT BOOK I, PAGE 22. FOUND 84.' IRON ROD 8, CAP LB 6700 PSM 4301 2.0, EAST, ON LINE. ,LOCATION FROM PREVIOUS SURVEY 11.1;;;ES';')/4 CORNER SECTION 14, TOWNSHIP 24 SOUTH, RANGE 57 EsAST. NO CORNER FOUND OR SET. Lo, SEE CCR#001477 LOT 2 AKERSFIELD PLAT BOOK 48, PAGE 34 ORB 762, PAGE, 200 L 2 LOT 1 LOT 20 LOT LOT 18 OAK LANE CITY OF CAPE CANAVERAL, FLORIDA LOT 1V L 6 SW CORNER OF SECTION 14, TOVUNSHIP 24 SOUTH, RANGE 37 EAST RECOVERED NAIL 8, DISK GEDDA, LB6556. POSITION PER FDOT 1;10G0PITo_'1)5F16T CCIZIt'4T8°110- L'INAOPT F, TSHTI TPEO FST BG1'; 11 CON' ° N 0 SURVEYOR'S A TITLE REPORT A NOTES» SURVEYORS NOTES CONCERNING TITLE REPORT SUBDIVISION. There are...how, MAINTAINED RIGHT OF WAY. This Easement is shown on the survey and is noted exception #9 3. Item 10 deals with a blanket Easement given to Florida Power and Light Company recorded in Deed Book 3962t MAINTAINED RIGHT OF WAY and all of [Leland con,.ed to the City ofCape Canaver5ltromBrevard County by deed recorded in 01031832 at Ng,. 429. This ,5sernent shown on the s50,as ,..ceptior: 10. 4. ner" 11 7:: 1 Qf"rP"'Ie rehe'ori'd7d1"nerdhrr4t0=5Cg're7Pfle Cr7d"raayl"=" tl e est= nd fi=tr:dr TeXec'ept „ 11r r " 5. 1..12 05. in,s-esress Ease...given to Floyd 55d yrnond jarnies.5n by deed recorded OR133195t deed recorded in ORB 183, Page 429. Ms..... shown.the Survey and is noted. er,,,tion 12. 10. 1.5,17 is a 20foet wide utility easement recerded in ORB 4429 atPage 2659 and re recorded in 01034409 at easement touches the property in question 51, its ...Western Boundary. This Easement is used for both 12. 1..20 deals with a 5 foot city 51,55Water E5sement recorded 4,0.37432 at Page 720. This ....I is N"T21:31 1-LNi j,r1E3\12S0 (UP)D V P11-2-F0 80°7°K,D) P"E 22 NORTH LINE OF THE SOUTH 165 FEET OF LOT,AETUTEN S SUBDIVISION, PLAT BO 1 N'"1-518'67 (Or, DEED 395 re'ALD'I' Z3173,4'7, O'r L. PoTsc,L,A.'°2 LOT 15 LOT 14 LOT 13 LOT 12 BCOOPK° E4NOS, T4 '5' << THE UNDERGROND UTILITY I NFORMAT ION » As shown here., basecl, part up. lam..., furnished!, sizes P size s are 0 LEGEND A SYMBOLS >> • Set 5/8"iron rebar with cap marked PLS 2351 / LB 7978 • 0.TP.FoundOpen TopPipe • • Nail &Disk Control Point PLS 2351 / LB 7978 • Set 4,1"concrete monument PRM PLS 2351 / LB 7978 with Bras s disk marked with SPeLT 3'1;1' /t 771 8' • Found nail d disk No klenhfication • Sanitary Manhole • Storm Manhole • Telephone Manhole te M.. Meter m e Valve EH. Fite Hydrant ,YOY' Wood Powe r Pole Light Pole r="8— = LOT , LOT 10 LOT 8 LOT V rNSur, 'LYN°, PARCEL A 03 .T 6 SOUTH LINE OF LOT B, TUTEN1S SUBDIVISION, PLAT BOOK 1 PAGE 22 20 CHAINS OR 1320' (P) 0 LEGAL A DESCRIPTION » LOT 5 LOT 4 goRKDTBs vp'A'a 72\1E Resolution No. 2019-13 PARCEL A.05 C ITY OF CAPE C ANAVERAL OAK L ANE RIGHTOF W L EGAL D ESCRIPTIONAS REPAREDBY URVEYOR: A portion of Lot Ain TUTENSSUBDIVISIOIV, according to the plat thereof recorded in PlatBook 1 atPage 22 of the NblicRecords ol&evardCounty, Florida, thesame being all of the lands transferred byBrevar d County to the City ofC, Canaveral by- deed recorded in OfiScial Records Boo lc 1852 atPage 429 of the Publi c Records of Brevard County, togethe with, portion of Oak Ltme that ha s continuous' y and y bee yy and presently being maintained by the City ofCape Canaveral that lie s East of the East line of sal d Official Records Book 1832 atPage 429 and Westof the West right,- way line of Nor th Atlantic Avenue AKA STATE ROAD 401 ( 60 foot wide roadway)The To Wit. Commence at the intersection of the West Right of Way line of STATEROAD 401 with theNorth IThe ofthe South 165 feetof LotA of said TUTENS SUBDIVISION said point is witnessed by a 2 inch iron pipe,. thence runS 060 point heir, the Point ofBeginnin g of the follow, g described right of wtyy for OAK LAN, thence continueS 0605501"W along the Wes t right of w yline ofSTATEROAD401 for 50.35 feet to a point°. theSouth line that certain with a 4 inch square d concrete monument with brass disc #PLS 2351; thence leaving the West right ofyuy line of STATE ROAD401 run N8905755"Wqlong theSouth line of the aforesaid ingress -egress easementand along the Southerly limits of the are a maintained by the Cit yof CapeCanaveral for 13035 feet to a poinC said point bet. g marked with a StainlessSteel Nail and Disk set in drill hol e marked P.R.M# PLS 2351; thence run N 7403800"W continu,l, the 1832 at,e429 of the Public Records ofBrevard Comyty, Flofida, said pointbeing marked with a 4 inch square conci-etemoimment.th bmssth,c#11,S2351;thence run N 8905755"W along of theSouth line of the lands described in aforesaid Official Records book 1832 at Page 429 for 434.95 feet to the Northyvest comer of the lands described in Official Records Book 5282 atPage 1102 of the Public Records ofBrevard County; thence run S 01.'3112"E along the West line of said Official Records Book 5282 at Page 1102 for 16.50 feet tothe point of intersection with the Sou( h lined that part of OAK LANE that has been maintained bythe yofCape Canaveral, said point is marked with a 4 inch square concrete monument with brass disc #2351; thcmce run N 8905755"W for 94.05 feet to a point on theEast line of the West440 feet of LotA and LotB of the aforesaid plat of TUTENS SUBDIVISION said point is marked with a 4 inch square concrete monument with brass disc#2351; thence run N 01031'12"W along the Eastline of the West440 feet of said Lots A and LotB for 66,50 feet to a poirg said,. is marked with a 4 inch square inch concrete monument with brass disc#2351; thence runs S 89,05755"E ak, the North line of the lands describe d Official Records Boa k 1832 al, g e429 16,58735 feet to a point marked with, 4 inc h square concrete monument with brass di s c#2351, said point es on the most.. y line of the conveyance from Brevar d County to the Cityof Ca, Canaveral described in Official Records Book 1832 atP, 42, thence run S 01031'12"E atm, g said East line for 15.50 kelt a point, intersection with that partof OAK LANE that has been maintained by the Cityof Cap eCanaveralt Thence run S 8905752"E along said Maintained line of 13540 feet to the Point ofBeginning. Exhibit "A" ° LOT 2 LOT 1 Esn°,,NN'114 .g`r Tc E,L,spna. A SITE >>9901A— ( ..k.'_ ' • \ _.._ ' Iromilim:ri ; .•-.1 '' - ,,,.,...1 \ L-4,1. i'l,......... V 0 LOCATION A MAP >> D„PD'IX.,°rZG2:',45 L-4t, SE CORNER F THE SW 1 /4 OF THE IN /4 SECTION 14, TOWNSHIP 24 so, y IVOUTCHOOR'FaTNEIR' SET 0 EASEMENT'S A LEGEND >> K,42W/1 F PB;1?' Bi= ET . 9911, ,SEMENT , - 9 F 0 SURVEYOR'S A REPORT >> hereon. 6.BearingsarebasedonDeedofrecordreferencedto S8,57'5 V' E along North property line. 0 EXPLANATION OF ABBREVIATIONS » 'mme"em"t ntic if',isruirdi"'n" NA'D. 11\i'F'.XAALTupsEiT'. CD CHORDDISTANCE r9Z, PIrs:;edVil7cge . KNIC, S m-sum—t°nPlat PI'Ll E. PZUtility Easement FFE FINISHFLOOR cAppwiRoNizoi, Measurmenthempeed PUED.E. PublicUtilityEasemmit CB CifoRDBET)LE,, D E DR.AGEE EmEmT “C' I'leasunv8r.akala.d .c. co„crete CBS' ),I,'tME ELEV. ELEVATION OIL. Paficeial RenordBook E3P. Edged Pavement L ARcLENGTH R RAivus Y ATE : Wre,',.TrryLine Ilkjighar177"' = Pro P- CTilleerIcin 'Line Top of Bank ofPoncl,Swale or Ditch - Taiefangg'Swak' Ditch of to [on 50 << SCALE A 1" =50 >> 0 25 50 200 CERTIFICATEOFAPPROVALBYTHECITYCOUNCILOFTHECITYOFCAPE CANAVERAL !HEREBY CERTIFY that., the foregoing 1,:ght of Way&Maintenance Map was approvedby the Cit yCouncil of the Cit yof Ca, Canaveral, Bmva County Florida, .d the CITY HEREBY FURTHERN CERTIFIES that a j.,rtion of said right of way is vested in the ofCape Canavrem 1 by virtue of a CountyDeed recorded in Official Record Book 183, Page 429 of public records of Brevard inaccordance withSection 95.361.17orida Statutes, Mayor: Attest: CERTIFICATE OF CLERK I HEREBY CERTIFY: thatlhaveexaminedtheforgoing Right of Way&Maintemmce Map and find thatitcomplies informwithallof the recpMementsofChapter 177, Part 1, Florida Statutes, aritl was filed for record on File No SIGNED: Scott Ellis, Clerkof the Circuit Court, In and for Breyard County,Florida CERTIFICATE OFSURVEYOR KNOW ALL MENBY THESE PRESENTS that the undersigned bein g a licensed and registered Land Surveyor, does con,lies va the requirements of section 472.027 Florida Statutes and 177 Pa, 1, Florida Statut s ,as amended ay, that said Ian s are located in Brevard Coy, Dodd, foh n R. Campbell Surveying LIC 115 Alm a Bout,. Suite 102 Memittislan, 32953 Certificateof Authorization No. LB 7879 LICENSED B USINESS # 79 78 115 Alma Blvd.,Suite 102 / Address:P.O.Box541866 Merri tIsland, EL 32954 Phon (321)514.6920 SPECIFIC PURPOSE SURVEY L CA, FL 32,20 D ZE:f2T0118°2F9L„V CHFCICEDB,R.0 AALPBElf D.2411/NBK E.L. HALE P REPARED FOR .0 CERTIFIED TO: C ITY OF CAPE CANAVERAL DATE 2/25.19 R mislays DATE 4/10/19 PROJECT No. .2018-290 CRP., SECTION 14 T GUNSHIP SOUTH R ANGE 37 EAST 6/20/19 Revise Right of Way Boundar y per CityComments 6/28/19 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 3 Subject: Resolution No. 2019-14; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Departments: City Clerk's Office & Administrative/Financial Services Summary: The City and the Brevard County Sheriff's Office (BCSO) entered into an Agreement on October 1, 2017 for BCSO to provide Municipal Law Enforcement Services to the City. The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, shall renegotiate the Agreement price each year for the term of the Agreement. The City Council annually considers/approves a resolution authorizing an addendum to the original Agreement; now in the second year of a five-year term ending September 30, 2022. Under the Addendum put forth, the parties agree the compensation to be paid by the City to BCSO for FY 2019/20 shall be the sum of $2,894,173. The Addendum includes the staffing level increase as discussed in depth at the first Budget Workshop and is included in the proposed 2019/20 Fiscal Year Budget. Payment shall be made to BCSO by the City in twelve equal monthly installments of $241,181.08 payable on or before the first day of each month. This represents the total contract price of $3,026,013 minus $131,840 credit for services provided to Avon -by -the Sea for a net pay cost of $2,894,173 for FY 2019/20. Submitting Department Directors: DL on behalf of Mia Goforth & John DeLeo Date: 9/10/19 Attachment: Resolution No. 2019-14 with Addendum Financial Impact: As reflected in the City's 2019/20 Proposed Annual Budget and in the addendum to the Agreement, the compensation to be paid by the City to BCSO shall be $3,026,013 less $131,840 credit for Avon -by -the -Sea for a net cost of $2,894,173 for FY 2019/20; Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-14. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 RESOLUTION NO. 2019-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a five (5) year term commencing on October 1, 2017 and ending September 30, 2022, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2019 through September 30, 2020. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2019. [Signature Page Follows] City of Cape Canaveral Resolution No. 2019-14 Page 1 of 2 ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2019-14 Page 2 of 2 Resolution No. 2019-14 Attachment ADDENDUM CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT THIS ADDEMDUM is entered into this day of , 2019 by and between the CITY OF CAPE CANAVERAL, FLORIDA (hereinafter "CITY") and WAYNE IVEY, IN HIS CAPACITY AS THE SHERIFF OF BREVARD COUNTY, FLORIDA, a county constitutional officer and a county charter officer (hereinafter called the "Sheriff' or "BCSO") WHEREAS, the Sheriff currently provides municipal law enforcement services to the City and its citizens pursuant to that certain Cape Canaveral Law Enforcement Agreement approved by the parties and memorialized in writing by City Resolution No. 2017-20, as may be amended from time to time (hereinafter "Agreement"); and WHEREAS, the Agreement contains a five (5) year agreement commencing October 1, 2017 and ending September 30, 2022, and provides the City and Sheriff shall renegotiate the compensation to be paid by the CITY to BCSO each year for the term of the contract; and WHEREAS, the agreement requires that written agreement as to the compensation paid by the CITY to BCSO for each year be in force by October 1st of the affected year, or the fee will be equal to that of the previous year, plus 4% for operational increases subject to adjustment by mutual agreement after the commencement of the fiscal year and after the CITY approves a budget; and WHEREAS, in accordance with the Agreement, the parties desire to establish the compensation to be paid by the CITY to BCSO for Fiscal Year 2019-2020 in accordance with the City's annual budget process; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's Fiscal Year 2019-2020; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the CITY and the BCSO agree as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by reference. 2.0 Pursuant to Article VII of the agreement, the compensation to be paid by the CITY to BCSO for Fiscal Year 2019-2020 shall be the sum of $2,894,173.00. Payments shall be made to the BCSO by the CITY in twelve equal monthly installments of $241,181.08, payable on or before the first day of each month. 3.0 The Agreement is hereby ratified and shall remain in full force and effect, provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis, the parties agree to cooperate and meet to discuss updates and revisions. Addendum — Cape Canaveral Law Enforcement Agreement Page 1 of 2 Resolution No. 2019-14 Attachment 4.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on the respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Approved as to form and content: Charles Ian Nash GENERAL COUNSEL FOR SHERIFF WAYNE IVEY Date ATTEST: Mia Goforth, CMC CITY CLERK Approved as to form and content: Anthony A. Garganese CITY ATTORNEY Date Wayne Ivey, SHERIFF CITY OF CAPE CANAVERAL Bob Hoog MAYOR Addendum — Cape Canaveral Law Enforcement Agreement Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 4 Subject: Resolution No. 2019-15; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: City Clerk's Office & Administrative/Financial Services Summary: The City of Cape Canaveral Volunteer Fire Department, Inc. (CCVFD), d/b/a Canaveral Fire Rescue (CFR), entered into a Contract on September 25, 2007 for CCVFD (CFR) to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considers/approves a resolution authorizing an Addendum to the original Contract, which extends through September 30, 2034. Under the Addendum put forth, the parties agree as follows: 1. The City and CCVFD (CFR) entered into a Contract for Services dated September 25, 2007 which expires September 30, 2034; 2. The Contract provides that the City and CCVFD (CFR) shall renegotiate the base contract each year after the first year; 3. The parties have agreed to a base annual Contract price for FY 2019/20 of $1,841,640 payable at $153,470 monthly. The total operating costs for services is $2,019,642. The total Operating and Capital budgett for the fiscal year is $2,189,892. Submitting Department Directors: DL on behalf of Mia Goforth & John DeLeo Date: 9/10/19 Attachment: Resolution No. 2019-15 with Addendum Financial Impact: As reflected in the City's 2019/20 Proposed Annual Budget and in the Addendum to the Contract, the City agrees to pay CCVFD (d/b/a CFR) the base annual Contract price of $1,841,640 payable in monthly installments of $153,470; Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-15. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 RESOLUTION NO. 2019-15 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Depailuient, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services to expire on September 30, 2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract each year after the first contract year. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. SECTION 2. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2019 through September 30, 2020. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2019. [Signature Page Follows] City of Cape Canaveral Resolution No. 2019-15 Page 1 of 2 ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2019-15 Page 2 of 2 Resolution No. 2019-15 Attachment ADDENDUM THIS ADDENDUM is entered into this day of September, 2019 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation, hereinafter called the "Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25, 2007 ("Contract"), which Contract is for a term of twenty-seven (27) years; and WHEREAS, said Contract requires the City and the Corporation to re -negotiate the base contract price for each year of the Contract after the first year; and WHEREAS, the parties have agreed to a revised Contract price for the period October 1, 2019 through September 30, 2020. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,841,640. The compensation provided for herein shall be paid monthly in the sum of $153,470 per month commencing on the first day of October 2019 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation, by its duly authorized officer, has executed this instrument this 17th day of September, 2019. CITY OF CAPE CANAVERAL, FLORIDA ATTEST: a Municipal Corporation Mia Goforth, CMC CITY CLERK (Corporate Seal) By: Bob Hoog, MAYOR Cape Canaveral Volunteer Fire Department Addendum to Contract 2019/2020 Page 1 of 2 Resolution No. 2019-15 Attachment IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers, has executed this instrument this day of September, 2019. ATTEST: Secretary (Corporate Seal) CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Corporation By: Dave Sargeant, FIRE CHIEF Cape Canaveral Volunteer Fire Department Addendum to Contract 2019/2020 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 5 Subject: Resolution No. 2019-18; reappointing members to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Larry Holmes and Therese Zyhowski) Department: Legislative Summary: Library Board Members Larry Holmes and Therese Zyhowski have served on the Board since July 19, 2016 and October 18, 2016, respectively, and their terms will expire October 1, 2019. Both Mr. Holmes and Ms. Zyhowski have each expressed a desire to continue serving on the Library Board for an additional three-year term. Resolution No. 2019-18 (Attached) reappoints Mr. Holmes and Ms. Zyhowski to additional terms on the Library Board, to end October 1, 2022. Following completion of these additional terms, these Board Members may be eligible for reappointment to the Library Board for an additional term, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in §2-171(f), City Code. It is incumbent upon Council to reappoint Mr. Holmes and Ms. Zyhowski to the Library Board. Submitting Department Director: DL on behalf of Mia Goforth Date: 9/10/19 Attachment: Resolution No. 2019-18 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-18. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 RESOLUTION NO. 2019-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §46-26 established a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to the Library Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment to the Library Board. Pursuant to §2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Library Board: Larry Holmes and Therese Zyhowski shall be reappointed to the Library Board, to serve until October 1, 2022. Following completion of these terms, these appointees may be eligible for reappointment to the Library Board for an additional term, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in §2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption and Signature Page follows] City of Cape Canaveral Resolution No. 2019-18 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2019. ATTEST: Mia Goforth, CMC, City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2019-18 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 6 Subject: Resolution No. 2019-20; appointing a member to the Board of Adjustment of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (John Bond) Department: Legislative Summary: The Board of Adjustment (BOA)'s membership currently consists of only two (2) members, which does not constitute a quorum. In an effort to expedite filling the roster, Staff recommends appointing former BOA Chairperson and Council Member John Bond to a three-year (3) term on the BOA. One of the BOA vacancies is for an existing three-year (3) term that is scheduled to end October 1, 2021. In an effort to balance end -of -term dates on this Board, Resolution No. 2019-20 (Attached) provides for Mr. Bond's term to end October 1, 2022. Adjusting end dates to stagger the terms of the entire Board is allowable under Section 2-171(f), City Code. Following completion of his first appointed term, Mr. Bond will be eligible for reappointment to the BOA for one (1) additional term, consistent with the limitations set forth in Section 2-171(f), City Code. It is now incumbent that the City council appoint a member to the BOA. Submitting Department Director: DL on behalf of Mia Goforth Date: 9/10/19 Attachment: Resolution No. 2019-20 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-20. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 RESOLUTION NO. 2019-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code § 110-2 established 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 appoint members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Staggering the Terms of the Board. Pursuant to §2-171(f) of the Cape Canaveral City Code, in order to stagger terms of the Board of Adjustment, an existing vacant term, originally scheduled to end October 1, 2021, has been adjusted to end October 1, 2022. Section 3. Appointment. Pursuant to §2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual: John Bond shall be appointed to the Board of Adjustment for an adjusted, existing three-year term, to serve until October 1, 2022. Following completion of this first term, appointee shall be eligible for reappointment to the Board of Adjustment for one (1) additional term consistent with the limitations set forth in §2-171(f), City Code. Section 4. 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 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Resolution No. 2019-20 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2019. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral Resolution No. 2019-20 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 7 Subject: Consider approving the Wave Village Development Agreement proposing a mixed - use, multi -phase Port of Call Facility project on approximately five (5) acres of real property located at 8801 Astronaut Boulevard and within the A1A Economic Opportunity Overlay District. Department: Community Development and City Attorney Procedural Summary and Status: At the August 20, 2019, the City Council was provided a detailed status update regarding pending negotiations related to a draft Development Agreement between the City of Cape Canaveral and the property owner/developer Oshri "Mosh" Gal ("Owner") regarding a Port of Call facility project being proposed at real property located at 8801 Astronaut Boulevard. Negotiations have been pending for approximately one-year. During the City Council meeting, the Owner agreed to meet with the City Attorney and Community Development Director to continue negotiating the remaining issues with the objective of finalizing the Development Agreement for the City Council's future consideration. Subsequently, the parties met and resolved all remaining issues. The Owner has agreed to the terms of the final draft Development Agreement and is prepared to execute the agreement upon approval by the City Council at the September 17, 2019 regular meeting. Therefore, a final draft Development Agreement is now ready to present to the City Council for consideration and approval. Recommendation: City Staff, and City Attorney as to legal form and sufficiency, recommend approval of the proposed Development Agreement (Attached). The A1A Economic Opportunity Overlay District (EOOD) and Port of Call Facilities: The goals of the EOOD are set forth in Section 110-589 of the City Code as follows: • To create attractive, functional, and lasting buildings and places. • To encourage the design, construction and operation of buildings and places that are environmentally responsible, sustainable and healthy places to live, work, and play. • To promote development and redevelopment that preserves and enhances the physical appearance of the corridor and contributes to the district's unique sense of place. • To encourage the use of quality materials in development and redevelopment. • To encourage development that adds to a pedestrian friendly retail environment and contributes to the safety and comfort of both pedestrian and automobile traffic. • To provide direction in site planning and to ensure a high degree of design quality in development within the EOOD through the use of Design Guidelines and Standards. • To enhance and protect the commercial corridors and primary entrances into the City of Cape Canaveral. Pursuant to Section 110-609 of the EOOD, Port of Call Facilities are permitted only by development agreement approved by the City Council. The general concept of a "Port of Call facility" is defined in the EOOD as "a tourist -related use with a range of uses which may City Council Meeting Date: 09/17/2019 Item No. 7 Page 2 of 5 include, but is not limited to commercial parking, transportation transfer facility, vehicle rental, taxi service, retail, restaurants visitor/information center, provision for hotel, and other tourist support services." This definition provides the basic framework under which site and project specific land uses may be proposed to the City related to a Port of Call facility. A Port of Call facility is a tourist -centric project intended to provide tourist and hospitality related commercial services that capitalizes on the economic benefits of Port Canaveral. Moreover, the EOOD further requires that the details of each Port of Call facility be negotiated and approved by the City Council on a project -by -project basis by development agreement. A Port of Call Facility project must also comply with the applicable design guidelines and other requirements set forth in the EOOD and City Code. Each Port of Call Facility approved by the City is intended by design to have unique characteristics and tourist -related uses associated with the provision of tourist support services to the general public. No two Port of Call Facilities are or will be alike. Furthermore, a Port of Call facility must be consistent with the goals of the EOOD. Therefore, the specific project must: • Create attractive, functional, and lasting buildings and places. • Encourage the design, construction and operation of buildings and places that are environmentally responsible, sustainable and healthy places to live, work, and play. • Promote, preserve and enhance the physical appearance of the Highway AIA corridor and contribute to the EOOD's unique sense of place. • Encourage the use of quality materials in building development. • Encourage a project that adds to a pedestrian friendly retail environment and contributes to the safety and comfort of both pedestrian and automobile traffic. • Provide direction in site planning and to ensure a high degree of design quality in development within the EOOD through the use of Design Guidelines and Standards set forth in the City Code; and • Enhance and protect the City's commercial corridors and primary entrances into the City of Cape Canaveral. Accordingly, a significant amount of detail must be negotiated and addressed in a Port of Call facility development agreement to ensure that the specific project satisfies these goals from the outset of the approval process. The approval process is initiated only at such time the City Council approves the development agreement authorizing a specific Port of Call facility. Thereafter, once the development agreement is approved by the City Council, all subsequent development permit applications to implement the project must not only be consistent with the development agreement approved by the City Council, but all permits must also be consistent with the EOOD's goals and other applicable provisions of the City Code. The Proposed Wave Village Port of Call Facility: The subject property is approximately five (5) acres, zoned C-1 and is located within the EOOD. The proposed Wave Village is a unique tourist -related Port of Call facility project for the City. As set forth in the Development Agreement, the Wave Village shall be developed as one unified and harmonious project in four (4) total phases that are compatible in design, appearance and use with each other. Except for Phase 1 which has already been completed by Owner, each of the additional three phases will be permitted and constructed substantially similar to the conceptual plan referenced and attached City Council Meeting Date: 09/17/2019 Item No. 7 Page 3 of 5 to the Development Agreement. Generally, Phase 1 is already completed and consists of one retail building with one successful restaurant (Zarella's). Phase 2 shall include the development of a new mixed -use building to be used as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, gift shops, apparel stores, information centers, travel agencies, bicycle and other small recreational equipment rental, and other similar and complementary retail and service uses. In addition, Phase 2 shall include thirty-two (32) Vacation Apartment Rental units which are generally discussed below. Phase 3 shall include development of a new mixed -use building with uses similar to Phase 2 Property (including thirty-two (32) Vacation Rental Apartment units). Lastly, Phase 4 shall include development of a new building with forty (40) Vacation Apartment Rental units and parking garage. The Wave Village project also introduces to the City a new tourist -related concept and land use called the "Vacation Rental Apartment." In order for a Vacation Rental Apartment to be allowed for this project, the use had to first be adequately defined and appropriate safeguards and conditions had to be established consistent with the EOOD and other applicable provisions of the City Code. Therefore, pursuant to the Development Agreement, a Vacation Rental Apartment is permitted when operated as part of a Port of Call facility and under a Port of Call Development Agreement approved by the City Council. More specifically, a Vacation Apaitinent Rental is intended and required to be a temporary lodging alternative to a hotel. For purposes of the Wave Village Project, the term "Vacation Apartment Rental" shall specifically mean a condominium or apartment style building in Phases 2, 3 and 4 containing multiple dwelling units (total of 104 dwelling units) of various size operated consistent with the requirements of the Development Agreement. The size of units shall comply with the following minimum size requirements: Studio (375 sq. ft.); One bedroom (650 sq. ft.); Two bedroom (750 sq. ft.) Three bedrooms (950 sq. ft.), and Four bedrooms (1150 sq. ft.). The dwelling units shall be rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide a kitchen and an optional laundry facility in each unit. The Vacation Apartment Rentals shall be managed by a property management company including a leasing office. The proposed Development Agreement also provides other specific material requirements related to the Wave Village project including: • Conceptual Development Plans. To ensure the goals of the EOOD are satisfied, conceptual plans for Phases 2, 3 and 4 are being approved and incorporated into the Development Agreement. Importantly, the conceptual plans shall serve as a necessary guide for future permit applications and permitting necessary to complete the construction of each phase of the Project. Owner shall have the obligation to further submit and obtain the City's approval of a final site plan, building plans and architectural plans consistent with the conceptual plans in all material respects and in compliance with the City Code. • A Development Schedule for Phases 2, 3, and 4. For example, Owner shall be required to file permit applications for approval of a site plan and architectural renderings for Phase 2 within twenty-four (24) months of the Effective date of the Development Agreement. Phase 2 shall be completed within twenty-four (24) months from the date City Council Meeting Date: 09/17/2019 Item No. 7 Page 4 of 5 that the City approves the Phase 2 Plans. Extensions of time may be granted by the City Manager or City Council as explained in the Agreement. The initial schedule for Phases 3 and 4 are set forth in the Agreement, but may vary because that schedule is contingent upon the completion of Phase 2 and the possibility that either the City or the Owner may terminate Phases 3 and/or 4 under certain circumstances. • Transportation Impact Fees. Upon written request by the City, Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City. • Shared Parking and Ingress/Egress. Phases 1, 2, 3 and 4 shall have and maintain the shared parking and ingress and egress plan approved by the City, pursuant, to the Wave Village Parking Analysis attached to the Development Agreement. • Phase 2 Building 65 Feet — CAB Approval Required. Recognizes that the Owner will be seeking approval from the Community Appearance Board of a Phase 2, Vacation Apartment Rental building, of 65 feet. However, Owner acknowledges that such height will be subject to review and discretionary approval by the City's Community Appearance Board in accordance with Section 110-624 of the City Code. In the event of denial, the Development Agreement shall automatically be deemed terminated and null and void. • Shared Stormwater Retention. Subject to permit approval by applicable governmental agencies, the structures in Phase 1, 2, 3 and 4 shall be permitted to utilize shared stormwater retention facilities and appurtenant structures. If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a shared stormwater easement in the Official Records of Brevard County so as to maintain any shared stormwater arrangement approved and required by this Agreement. • Lot Split and Ground Monument Signage. At Owner's discretion, Owner may file a Lot Split application to make a portion of the Property a separate lot. Said application shall comply with the requirements set forth in Section 98-66 of the City Code. If a separate lot is created, each lot shall have frontage on both Central Boulevard and Highway A1A and shall remain subject to the terms and conditions of this Agreement. Additionally, because each lot will have frontage on both Central Boulevard and Highway A1A, the City agrees that the separate lot may have a maximum of two (2) ground monument signs including one (1) on Central Boulevard and the other on Highway A1A. Likewise, the remaining portion of the Property may have one ground monument sign on Central Boulevard in addition to the existing ground monument sign currently located on State Road A1A. All ground monument signs are limited to 150 sq. ft. in area each. • Wall Signage. Because of the multiplicity of proposed storefronts internal and external to the Project, the Development Agreement recognizes the City Code requires that wall signs shall be located on the upper portion of the storefronts to be located in the buildings constructed under the Development Agreement. In addition, the amount of wall signage City Council Meeting Date: 09/17/2019 Item No. 7 Page 5 of 5 for each building shall be calculated based on each individual storefront using the City Code formula 15% of wall height of the storefront times (x)wall width of the storefront that the sign is located on, not to exceed 160 sq. ft. of wall signage per storefront. A storefront is an individual unit with a separate entry for each separate business that is located within each building. • Termination Rights. Because the Project is a multi-phased project requiring implementation over the course of several years and requires several contingencies (e.g., 65-foot height Phase 2 building), Section 10 of the Development Agreement specifies certain tailored termination rights afforded to both the City and Owner depending on future performance outcomes by the parties. Lastly,it is worth noting that although not addressed in the Development Agreement,the Owner has agreed to make modifications to the existing ground sign to bring it into compliance with the City's design requirements for monument signs. Proposed renderings for the new sign have been submitted to the City for review. Submitting Department Director: David Dickey Date: 9/10/19 Attachment: Development Agreement with Exhibits A through F Financial Impact: Staff time to prepare agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager and Staff recommend that City Council approve the Development Agreement Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 Prepared by and Return to: Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 PORT OF CALL FACILITY DEVELOPMENT AGREEMENT FINAL THIS DEVELOPMENT AGREEMENT ("Agreement") is made this 17th day of September, 2019, by and between the City of Cape Canaveral, a Florida municipal corporation ("City"); and Wave Developments, LLC, a Florida limited liability company authorized to conduct business in Florida ("Owner"). RECITALS: WHEREAS, this Agreement is a development agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, the City recognizes the need to plan for orderly growth and development and to attract tourism; and WHEREAS, Owner is the current fee simple owner of record of certain real property consisting of approximately five (5) acres, more or less, located at 8801 Astronaut Boulevard within the City of Cape Canaveral and more particularly described in Section 3 herein ("Property"); and WHEREAS, a portion of the Property is currently developed with a retail and restaurant center of approximately 16,800 sq. ft. in area ("Phase 1"), a putt -putt golf and arcade center, related infrastructure and amenities, including parking; and WHEREAS, in addition to the current retail and restaurant uses on the Property, Owner desires to redevelop the remaining portion of the Property, together with Phase 1, in several additional phases into what will eventually be a "Port of Call" complex featuring commercial, retail, Vacation Apai intent Rentals (as defined below) and other uses allowed by City Code ("Project"); and WHEREAS, Owner intends the Port of Call facility to serve as a regional tourist, and hospitality hub to the visitors and residents of Cape Canaveral and the surrounding communities; and WHEREAS, Owner also desires to enhance the Property during development by constructing Phase 2, Phase 3 and Phase 4 in a manner consistent with the standards and requirements of the City's A1A Economic Opportunity Overlay District ("EOOD"); and 1 Development Agreement Wave Developments, LLC WHEREAS, the City has determined that the proposed redevelopment of the Property is consistent with and furthers the City' s goals of encouraging, supporting and creating tourism, and creating attractive, functional and lasting buildings and places; and WHEREAS, the parties anticipate that the proposed redevelopment of the Property when completed will add substantial value to the City' s ad valorem tax base and enhance, define and promote the commercial corridor and primary entrance to the City of Cape Canaveral; and WHEREAS, the City Council finds this Agreement to be consistent with the City's Comprehensive Plan, Land Development Regulations, and Vision Statement; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this agreement to effectuate the phased development of the Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. Section 2. Authority. This Agreement is entered into pursuant to the City' s Home Rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act, and is a condition precedent and requirement to create a Port of Call facility under the EOOD. Section 3. The Property. The real property subject to and bound by the terms of this Agreement is legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference ("Property"). Section 4. Effective Date of Agreement. This Agreement shall be effective upon full execution by both parties hereto and upon recording by the City with the Clerk of the Court for Brevard County, Florida ("Effective Date"). Section 5. Phased Development of Property. Owner shall develop the Property pursuant to the terms and conditions of this Agreement and all applicable laws. The Property shall be developed as one (1) unified and harmonious project in four (4) total phases that are compatible in design, appearance and use with each other. Except for Phase 1 which has already been completed by Owner, each of the additional three (3) phases will be permitted and constructed substantially similar to the conceptual plan referenced and attached herein for the respective phase. Each conceptual plan is intended to be the general blueprint which details key aspects of the future physical development of the Property. The conceptual plans shall also serve as a necessary guide for future permit applications and permitting necessary to complete the construction of each phase of the Property. Owner shall have the obligation to further submit and obtain the City's approval of a final site plan, building plans and architectural plans consistent with the conceptual plans in all material respects and in compliance with the City Code. The buildings illustrated on the conceptual plans are intended to be for illustrative purposes only and may be modified during the 2 Development Agreement Wave Developments, LLC City's permitting process so long as the buildings comply with the development standards set forth in this Agreement and the City Code. Owner acknowledges and agrees that the conceptual plans were not created with specific surveyed dimensions and that during the final permitting process such dimensions shall be surveyed, duly engineered, and provided to the City for consideration under applicable provisions of the City Code. The conceptual plans shall be subject to reasonable adjustments at the final permitting phase in order to bring the proposed phased development project into full compliance with the City Code, and as a result, the exact location, layout and dimensions of the buildings, signage, landscaping, entrances, utilities, parking and other site improvements may vary slightly between conceptual plan approval and approval of the final site plan and other development permits so long as the total square footage of the buildings, total unit number, total signs and square footage will not be less than expressly stated in this Agreement unless agreed to by the Owner and City in writing, with the exception of reductions that otherwise may be required by applicable City Codes. These changes shall be allowed as long as the changes are consistent with the development standards noted in this Agreement and preserve the general character of the development shown on the conceptual plans. The phased development of the Property shall occur as follows: A. Phase 1 Existing Retail and Restaurant Use. Phase 1 has been developed consistent with the Site Layout Plan attached hereto as Exhibit "B" and shall be maintained, together and along with Phases 2, 3, and 4 as a Port of Call facility in accordance with the terms and conditions of this Agreement. B. Phase 2 Additional Retail, Restaurant Uses, Vacation Apartment Rental Uses and other permissible uses under the City Code. Phase 2 shall include the development of a new mixed -use building to be used as a consumer retail service center inclusive of, but not limited to, restaurants, coffee shops, gift shops, apparel stores, information centers, travel agencies, bicycle and other small recreational equipment rental, and other similar and complementary retail and service uses. In addition, Phase 2 shall include thirty-two (32) Vacation Apartment Rental units as described in subsection 5(G) of this Agreement. i. Plans. No later than twenty-four (24) months following the Effective Date, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 2 of the Project ("Phase 2 Plans"), or either party may terminate this Agreement in its entirety pursuant to Section 10 of this Agreement. The Phase 2 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 2 is depicted in the rendering attached hereto as Exhibit "C". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 2 Plans to complete the Phase 2 development of the Property. Completion of Phase 2 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work being completed consistent with the approved Phase 2 Plans. At the written request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans or complete the development as required by this subsection in increments of 3 Development Agreement Wave Developments, LLC time not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner' s request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 2 development, the City may declare Owner in default of this Agreement. C. Phase 3 Additional Retail, Restaurant Uses Vacation Apartment Rental Uses and other permissible uses under the City Code: Phase 3 shall include development of a new mixed - use building with uses similar to Phase 2 Property (including thirty-two (32) Vacation Rental Apartment units), and Phase 3 may be permitted and constructed concurrently with Phase 4. i. Plans. No later than thirty-six (36) months following the City's issuance of a certificate of occupancy for the Phase 2 building, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 3 of the Project ("Phase 3 Plans") or either party may terminate the Phase 3 and 4 obligation required by this Agreement pursuant to Section 10 of this Agreement. The Phase 3 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 3 is depicted in the rendering attached hereto as Exhibit "D". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 3 Plans to complete the Phase 3 development of the Property. Completion of Phase 3 shall be evidenced by the City's issuance of a certificate of occupancy for the building and any associated structures and upon all necessary site work being completed consistent with the approved Phase 3 Plans. At the request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans approval or complete the development as required by this subsection in increments of time not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner's request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in default of this Agreement. 4 Development Agreement Wave Developments, LLC D. Phase 4 Additional Vacation Apartment Rentals and Parking Garage: Phase 4 shall include development of a new building with forty (40) Vacation Aparlment Rental units and parking garage, and Phase 4 may be permitted and constructed concurrently with Phase 3. i. Plans. No later than thirty-six (36) months following the City's issuance of a certificate of occupancy for the Phase 3 building, Owner shall file with the City all required permit applications for approval of a site plan and architectural renderings and shall obtain final approval of said applications from the City for Phase 4 of the Project ("Phase 4 Plans") or either party may terminate the Phase 4 obligation required by this Agreement pursuant to Section 10 of this Agreement. The Phase 4 Plans shall be prepared in compliance with applicable provisions of the City Code including, but not limited to, Chapter 110, Article VI (Site Plans) and Chapter 22, Article III (Community Appearance Board Review), as may be amended. The conceptual plan for Phase 4 is depicted in the rendering attached hereto as Exhibit "E". ii. Time Frames. Owner shall have twenty-four (24) months from the date that the City approves the Phase 4 Plans to complete the Phase 4 development of the Property. Completion of Phase 4 shall be evidenced by the City's issuance of a certificate of occupancy for the building, parking garage and associated structures and, and upon all necessary site work being completed consistent with the approved Phase 4 Plans. At the request of Owner, the City Manager may grant one or more additional extensions of time for Owner to attain plans approval or complete the development as required by this subsection in increments not to exceed twelve (12) months, but no less than six (6) months each. Any such written request shall be submitted prior to the expiration of the applicable time period and shall demonstrate good cause why the extension should be granted. The City Manager shall issue his approval or denial of Owner' s request in writing within five (5) business days of his receipt of same. If an extension request is denied, the Owner may appeal the City Manager's decision to deny the request by providing written notice of the appeal to the City Clerk within five (5) business days of the denial. The City Clerk will then place the appeal on the City Council's next regular agenda for a final decision by the City Council. Following the expiration of any extension of time that may be granted by the City Manager or City Council, if Owner fails to complete the Phase 3 development, the City may declare Owner in default of this Agreement. E. Applications for the development approvals required by this section shall be substantially complete at the time of submittal, consistent with the requirements of applicable law. Within thirty (30) days of receipt of any application required by this section, City staff shall provide written notification to Owner regarding whether the application is complete or incomplete. In the event an application is deemed incomplete, the application deficiencies shall be specifically identified in the City staff' s written notification to Owner. Owner shall correct any application deficiencies within thirty (30) days of receipt of written notification. The aforementioned time periods may be extended by mutual agreement. Upon issuance of any development order or permit under this section, Owner shall diligently pursue the construction authorized by the permit consistent with the established time frames for each development phase and any development conditions required by applicable development order or permit. At all times, Owner shall also maintain a valid and active permit pursuant to applicable law. 5 Development Agreement Wave Developments, LLC F. Upon written request by the City, Owner shall enter into an agreement with the City and Brevard County so that all transportation impact fees paid by Owner to Brevard County shall be used solely to benefit the appropriate infrastructure in the City of Cape Canaveral. G. City agrees that the Vacation Apartment Rental units, when operated as part of a Port of Call facility and under a Port of Call Agreement approved by the City Council, is a permitted use under the applicable existing zoning classification of the Property and that Vacation Apartment Rentals are intended to be a temporary lodging alternative to a hotel. For purposes of this Agreement, the term "Vacation Apartment Rental" shall mean a condominium or apartment style building in Phases 2, 3 and 4 containing multiple dwelling units of various size operated consistent with the requirements of this Agreement. The size of units shall comply with the following minimum size requirements: Studio (375 sq. ft.); One bedroom (650 sq. ft.); Two bedrooms (750 sq. ft.); Three bedrooms (950 sq. ft.), and Four bedrooms (1150 sq. ft.). The dwelling units shall be rented or leased for monetary or other consideration for periods of one night or longer to provide temporary lodging to tourists, travelling business executives and employees, or other persons in need of temporary short-term residences that are furnished and provide a kitchen and an optional laundry facility in each unit. The Vacation Apartment Rentals shall be managed by a property management company including a leasing office. H. The following additional conditions and requirements shall apply to Phases 2, 3 and 4 of the Project: (a) Phases 1, 2, 3 and 4 shall have and maintain the shared parking and ingress and egress plan approved by the City, pursuant, to the Wave Village Parking Analysis attached as Exhibit "F." If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a reciprocal parking and ingress and egress easement in the Official Records of Brevard County so as to maintain the shared parking arrangement required by this Agreement. (b) The Owner desires that the height of Phase 2, Vacation Apartment Rental building, be sixty-five (65) ft. However, Owner acknowledges that such height will be subject to review and discretionary approval by the City' s Community Appearance Board in accordance with Section 110-624 of the City Code. In the event of denial, this Agreement shall automatically be deemed terminated and null and void. (c) Subject to permit approval by applicable governmental agencies, the structures in Phases 1, 2, 3 and 4 shall be permitted to utilize shared stormwater retention facilities and appurtenant structures. If Owner lot splits the Property as described in subsection H(d) below, Owner shall be required to record a shared stormwater easement in the Official Records of Brevard County so as to maintain any shared stormwater arrangement approved and required by this Agreement. 6 Development Agreement Wave Developments, LLC (d) At Owner's discretion, Owner may file a Lot Split application to make a portion of the Property a separate lot. Said application shall comply with the requirements set forth in Section 98-66 of the City Code. If a separate lot is created, each lot shall have frontage on both Central Boulevard and Highway A1A and shall remain subject to the terms and conditions of this Agreement. Additionally, because each lot will have frontage on both Central Boulevard and Highway A1A, the City agrees that the separate lot may have a maximum of two (2) ground monument signs including one (1) on Central Boulevard and the other on Highway A1A. Likewise, the remaining portion of the Property may have one (1) ground monument sign on Central Boulevard in addition to the existing ground monument sign currently located on Highway A1A. All ground monument signs are limited to one hundred fifty (150) sq. ft in area each. (e) The City and Owner acknowledge and agree that the City Code requires that wall signs shall be located on the upper portion of the storefronts to be located in the buildings constructed under this Agreement. The amount of wall signage for each building shall be calculated based on each individual storefront using the formula 15% of wall height of the storefront times(x) wall width of the storefront that the sign is located on, not to exceed one hundred sixty (160) sq. ft. of wall signage per storefront. A storefront is an individual unit with a separate entry for each separate business that is located within each building. Section 6. Annual Review and Inspection: Report. The City shall coordinate with Owner to schedule an annual review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection shall occur each year on or around the anniversary of the Effective Date and the findings of the Building Official and Community and Economic Development Directors shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Section 7. Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Brevard County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 7 Development Agreement Wave Developments, LLC Section 8. Successors and Assigns; Assignment. This Agreement, including any of the rights and obligations contained herein, shall automatically be binding upon and shall inure to the benefit of the City and owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. Owner shall not assign this Agreement without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 9. Notice. Any notices required or permitted under this Agreement shall be deemed to have been given if delivered by hand or overnight courier, or mailed by certified registered mail with return receipt requested at the following addresses: If to City: Copy to: If to Owner: Copy to: City Manager City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1220 Anthony A. Garganese, City Attorney Garganese, Weiss, D'Agresta & Salzman, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, Florida 32802 (407) 425-9566 Wave Developments, LLC Attn: Oshri Gal 280 West Central Boulevard Cape Canaveral, Florida 32920 Kimberly B. Rezanka, Esq. Cantwell & Goldman, P.A. 96 Willard Street, Ste. 302 Cocoa, FL 32922 Section 10. Termination. This Agreement or Phases 3 and/or 4 shall terminate under the following conditions: A. This Agreement shall automatically terminate pursuant to Section 5 (H)(b) if the City Council renders a final decision to deny Owner' s request to construct a sixty-five ft. (65) high building in Phase 2. B. The City shall have the unconditional right, but not obligation, to terminate this Agreement or the Phase 3 and 4 obligations required hereunder if Owner fails to attain the plans approvals or to develop the Property consistent with the time frames set forth in Section 5 herein, or has otherwise failed to comply with any material term or condition of this Agreement. However, the City shall first deliver written notice and an opportunity to cure as set forth in Section 25 herein. 8 Development Agreement Wave Developments, LLC C. Either Party may terminate this Agreement if Owner does not file the Phase 2 applications pursuant to the time frames set forth in Section 5(B)(i) of this Agreement. D. Either Party may terminate the Phase 3 and 4 obligation required by this Agreement if Owner does not file the Phase 3 applications pursuant to the requirements and time frames set forth in Section 5(C)(i) of this Agreement. However, if the Phase 3 and 4 obligations are terminated, this Agreement shall remain in full force and effect with respect to Phases 1 and 2 of the Project. E. Either Party may terminate the Phase 4 obligation required by this Agreement if Owner does not file the Phase 4 applications pursuant to the requirements and time frames set forth in Section 5(D)(i) of this Agreement. However, if the Phase 4 obligation is terminated, this Agreement shall remain in full force and effect with respect to Phases 1, 2 and 3 of the Project. F. If this Agreement is terminated in accordance with this Section 10, the City shall record a notice of termination in the public records of Brevard County, Florida. Further, if Phases 3 and/or 4 are terminated by either party, the City shall record a partial notice of termination evidencing only that the applicable phases have been terminated, and the City and Owner shall have no further rights or obligations under this Agreement related to the terminated phases. G. Unless otherwise stated herein, upon termination of this Agreement, the City and Owner shall have no further rights or obligations under this Agreement and all permits and approvals granted by the City in furtherance of this Agreement shall be deemed terminated as well, except previously issued and active building permits may continue in effect under the Florida Building Code. Section 11. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state disputes or actions which arise out of or are based upon this Agreement, and in Orlando, Florida, for all federal disputes or actions which arise out of or are based upon this Agreement. Section 12. Amendments. The parties hereto understand and agree that amendments to this Agreement may be required in order to address the proposed Phases 2, 3 and 4 development of the Property and that additional terms and conditions may be imposed. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns). Section 13. Entire Agreement; Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. The Exhibits attached hereto and referenced herein are hereby fully incorporated herein by this reference. Section 14. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 9 Development Agreement Wave Developments, LLC Section 15. Recordation. No later than fourteen (14) days following the approval and execution of this Agreement by both parties hereto, the City shall record this Agreement in the Public Records of Brevard County, Florida. Owner agrees that it shall be responsible for all recording fees and any other fees related to the delivery and recording of this Agreement. Section 16. Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. Section 17. Sovereign Immunity. Owner acknowledges that the City will avail itself of sovereign immunity and other limitations of liability afforded municipalities whenever applicable by law. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the city's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This provision shall survive the termination of this Agreement. Section 18. City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Section 19. Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. Section 20. Third -Party Rights. This Agreement is not a third -party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. Section 21. Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. Section 22. Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, each party shall be responsible for their own attorney's fees and costs. Section 23. Time is of the Essence. Time shall be of the essence for each and every provision contained herein. 10 Development Agreement Wave Developments, LLC Section 24. Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the Effective Date. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend, or terminate any and all certificates of occupancy for any building if Owner is in breach of any term or condition of this Agreement. Section 25. Default: Opportunity to Cure. Should either party desire to declare the other party in default of any term and condition of this Agreement, the non -defaulting party shall provide the defaulting party a written notice of default. The written notice shall, at a minimum, state with particularity the nature of the default, the manner in which the default can be cured, and a reasonable time period of not less than thirty (30) days in which the default must be cured. No action may be taken in a court of law on the basis that a breach of this Agreement has occurred until such time as the requirements of this paragraph have been satisfied. Section 26. Release and Hold Harmless. Owner shall be solely responsible for designing, permitting, constructing, operating and maintaining this Project. As such, Owner hereby agrees to release and hold harmless the City and its councilmembers, employees and attorneys from and against all claims, losses, damages, personal injuries (including, but not limited to, death), or liability (including reasonable attorney's fees and costs through all appellate proceedings), directly or indirectly arising from, out of, or caused by Owner and Owner's contractor's and subcontractor's performance of design, permit and construction activities in furtherance of constructing the Project under this Agreement and the operation and maintenance of the Project thereafter. This provision shall survive the termination of this Agreement. Section 27. Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, terrorism, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), but excluding customary business and economic conditions or events, then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. [Signature Pages Follow] 11 Development Agreement Wave Developments, LLC IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. ATTEST: By: Mia Goforth, CMC, City Clerk (CITY SEAL) CITY: City of Cape Canaveral, A Florida municipal corporation. By: Bob Hoog, Mayor Date: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida, only By: Anthony A. Garganese, City Attorney For the City of Cape Canaveral, Florida 12 Development Agreement Wave Developments, LLC Signed, sealed and delivered in the presence of the following witnesses: OWNER: Wave Developments, LLC, a Florida limited liability company, By: Signature of Witness Oshri Gal, Manager Printed Name of Witness Date: Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2019, by Oshri Gal, as Manager of Wave Developments, LLC acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. Exhibit List: A. Legal Description of Property B. Site Layout Plan — Phase 1 C. Conceptual Plan for Phase 2 D. Conceptual Plan for Phase 3 E. Conceptual Plan for Phase 4 F. Wave Village Parking Analysis Notary Public Print Name Notary Public, State of Florida Commission No.: My Commission Expires: 13 Legal Description A parcel of land situate in Section 15, Township 24 South, Range 37 East, the City of Cape Canaveral, Brevard County, Florida, being more particularly described as follows: Commence at the intersection of the North line of the South 3316.80 feet of said Section 15 and the West right-of-way line of State Road AIA, a 100.00 foot right-of-way; thence S 37° 22' 24" E., along said West right-of-way line, for a distance of 1255.12 feet to the Point of Beginning; thence continue S 37° 22' 24" E. for a distance of 452.06 feet to a point of curvature of a curve, concave Westerly, having a radius of 25.00 feet; thence Southeasterly and Southwesterly, along the arc of said curve and the Northerly right-of- way line of Central Boulevard, undedicated, having a width of 100. 00 feet, thru a central angle of 100° 00' 12", for a distance of 43.63 feet; thence continue along said Central Boulevard right-of-way, S. 62° 37' 48" W. for a distance of 336.52 feet to a point of curvature of a curve, concave Northerly, having a radius of 561.05 feet; thence South-westerly, along the arc of said curve, thru a central angle of 14° 57' 08", for a distance of 146.42 feet; thence N. 37° 22' 24" W. for a distance of 374.37 feet; thence N. 52° 37' 36" E. for a distance of 500.00 feet to the Point of Beginning. EXHIBIT "A" _zv .Am PAVING, GRADING, AND DRAINAGE AS -BUILT FOR BEACH WAVE I F — 141.4. "41it clE .14 TW .nv N wEmw 12-0.13" Down meal lrabrr,, LEGEND: SPD- r,Ewnax A . R/tl15 - As.EVFII 5v01 4E Wx A - ARC ft0(w .GPI QED 3 0EASL0E0 w AE)YI430 EL - I3430004. s - 434 SrO1x ...m VAV0O. =NORE •' IAA WOK* YEW.,Fw1IA1 a . 3lrulalr tp9 TOP Or ENuu O - INWx Swim AM • AY AOWS WASH 0ISAIM lIES N - 2200u mtiF PEC - KOWA. C00IDE RCP - PFIW,3 . 30031332E MAE ® . 3IO.41 31.22.0.E 1.122222 SO . Sm./ oR.m OMISII EWx01 E • EAST _ - 0 007 AIMtw, + 21FHYk t-' sr - 00.32..E • S1PT5: E7 • i. A4 . 5x UMW.. NOW./AFS s7SE0 Ox IIR EL+ 01.mtel t 00W tltl1. A • 3. NI 1N0MH I1YE5. OFAAm05 NO UMW= SINM! liMO'I RMA WC 3.1.22.32.1 or - FC REcn.Imit 0. 20., AS IR. VFMED IN 'Mt I.All Of A WI A m u00.21 WNW A IT-3 K0EA9.F IRI4*CES. F irO 1. 9M[ 0E5 9i0.1 AMMO MIE EIAGLWrER WA RR:ERY4 33022.2 23 23 b GRAPRtC SCALE EXHIBIT "B" ( A A 3 J (Dm*2 ]Ol2-m 1 D.A.FxA E. a0.E8 PD—AB 44 41d3 f MM YEn. vYE" ken ili. &vAo4e .m V tli am: ytalswl Nm9n wgi CERTIFIED TO: DOUG WILSON ENTERPRISES INC. GRAPHIC SCALE mDI n 3) Ln EXISTING REQUIRED PARKING • .ACE PER 3E0 SF RE°ssz ` Es TOT, IBM SF REOUIRING BS SPACES R E06"Po PROPOSED REQUIRED PARKING • - RESIDENTIAL -8 UNITS 1 SPACE PER u • G=B66PUM' PLUS FLOORS SPACEPM 32 Uri? ] U FTS FOR EMPLOYEES REQUIRED RETAIL 903 SF 18SPACES REQUIF® • rrsPA EDUIRED 1 SPACE PER 1C0 SF 20 SPACES REQUIRED TOT. 10 1C0 SF AND 31 UNITS REWIRING 100 SPACES REQUIRED PARKING TOTAL •fiBx.NoROS=R,sIAN8iWV PP0,0E0 BY NCI.¢BRING A PLANNING PATm ]-rota)=m SPACES TOTAL SPACES REQUIRED: 148 SPACES PROVIDED PARKING TOTAL • EIS (EXISTING) •m(PROPOSED). IBS SPACES TOTAL SPACES PRONDED: 188 SPACES CERKING TOTAL 0-,ES NOT INCLUDE PROPOSEDIFUNRE NTRAL BOULEVARD PARKING ALONG BY ME DIYAP OF CAPE CANAVERAL.) PRELIMINARY EXHIBIT "C" OWNER / DEVELOPER 280 CRALV,ANTS.LLCWENTBLD.,CFE CANAVERAL. FL 42d20 021) TB3.tfim, of 5 E PHASE 2 CONCEPT PLAN Protect ft. 201,09 C0 0Lfl Ham 1,0 Vert N/A C-1 J N 52' 7'36' E 11111111 r ®nnm 1FF11111T 1 C —1- v7a AL ObzvA.RD -. __...- 50000' ZD EX1S1 -G PHASE 1 I GRAPHIC SCALE } EXISTING REQUIRED PARKING I SPACE PER 330 SF SPACES REQUIRED 1 SPACE PEP UNIT PL. 1 SPACE PERU uNrrs FOP EMPLOYEES R1ETSAia'A-OtIV2F00 SF 27 SPACES REQ.,. 20 SPACES REWIRED TOTAL ICI QC SE AND 32 UNITS REQUIRING.° SP7QES PROPOSED REQUIRED PARKING PEP 12 UNITS FOP EMPLOYEES TOTAL e .0 SF AND. UNITS REQUIRING 65 SPACES REQUIRED PARKING TOTAL = STP •s4T17gosEo,•z93A= mE. ENGINEERING K PLANNINGYDATED 7•10 a 55 SPACES TOTAL SPACES REQUIRED: 198 SPACES PROVIDED PARKING TOTAL • 1.MUST., • 110(PROPOSED, 257 SPACES TOTAL SPACES PROVIDED: 253 SPACES (PARKING TOTAL DOES NOT INCLUDE PROPOSED/FUTURE PAR.. ALONG CENTRAL BOULEVARD EU,. CITY OF CAPE CANAPE., PRELIMINARY EXHIBIT "D" 2 1)]ei 848PnanOwa hpe mm ER L, FL, B292D PHASE 3 CONCEPT PLAN C144727 ONCEPT ALTS Scab C-2 N52° T36 EE crisosassAEPRES '"P POSETA BY NWATEA uaxAGEUFN' 111111111 vT ZTM BOO. z, D - _ LL— ¢_XIS'.zNG P=ASt:'. 1 e`II my i0t...00 I 4 al ' y I GRAPHIC SCALE EXISTING REQUIRED PARKING 46 SPACES REQUIRED 8 SPACES REQUIRED TOTAL 16 a Do SF REQUIRING 88 SPACES 1 SPACE PER UNIT PLUS 'SPACE PER 12 UNRS FOR EMPLOYE. la SPACES REWIRED 27 SPACES REQUIRED 10 SPACES REQUIRED TOTAL 10 100 SF AND 33 UNITS REWIRING 100 SPACES PROPOSED REQUIRED PARKING RESIDENTIAL .8 UNITS 2 5 FLOORS • 40 UNITS 1 SPACE PER UNIT PLUS 1 SPAGF PER 17 wars FOR EMPLOYEES TOTAL ,p UNITS REONIRIN6 43 SPACES REQUIRED PARKING TOTAL =ANX1.R M fiE P;R':=T WY PROVIDED 6. ENCIN.RING n PLANNTN6IDATED 7.10-1e)-Ee SPACES TOTAL SPACES REQUIRED: 236 SPACES PROVIDED PARKING TOTAL • 2e](EXISTING).,„PROPOSED„•262SPACES TOTAL SPACES PROVIDED: 264 SPACES (PMNINGTOTAL pOEs NOTINCLVOEPxoPOSEWFVTuftEP ""A""' CENTNu fiOVIEVARp 6r THE CITY CP GPE CANAVE AL) PRELIMINARY EXHIBIT "E" 955N61 GAL. WAVE DEVELOPMENTS. LC280 NI FL, 32920 L BLVD , CAPE 0311 ]Av191BenenCwavevlbpetom r 9dEEEE PHASE 4 CONCEPT PLAN 3 On.v+p CONCEPT ALT] Mone C-3 Engineering & Planning Via email: mosha,wavevillage.com Ref: 4596.01 TECHNICAL MEMORANDUM To: Mosh Gal From: Matthew West, AICP Subject: Wave Village Parking Analysis, City of Cape Canaveral, FL Date: May 11th, 2018 INTRODUCTION LTG, Inc. (LTG) has been retained by Wave Developments, LLC. (the CLIENT), to perform a shared parking analysis associated with a multi -tenant residential, retail, and restaurant development known as Wave Village (the PROJECT) located at the intersection of SR AIA (Astronaut Boulevard) and W. Central Boulevard in the City of Cape Canaveral. The existing/proposed development is composed of four phases described in Table 1. The site when built -out will provide 264 paved parking spaces. The methodology and procedures used in this analysis are consistent with the guidelines of the City of Cape Canaveral. ANALYSIS The existing and proposed uses for each of the four phases are shown in Table 1. LTG consulted the Cape Canaveral Land Development Regulations for off-street parking requirements and the Urban Land Institute's (ULI) Shared Parking, Second Edition, software to determine shared parking requirements. For the purposes of providing a conservative analysis, the storage and gym space shown on the Client's conceptual plan are calculated as additional retail space. Additionally, there is a proposed pool bar which is treated as an accessory use to tenants of the residential development. Therefore, the pool bar does not generate additional parking demand. This analysis assumes that the residential development is a short-term vacation rental product, and as such, the City will permit required parking to be calculated as if the units were hotel rooms. This is exhibited in Tables 2 and 3. Engineering & Planning EXHIBIT "F" Mosh Gal May 11 th, 2018 Page 2 Table 1 Existing and Proposed Uses Wave Village Phase Use Size Unit Existing Retail 10,000 Square Feet 1 Restaurant 4,600* Square Feet Storage 2,200 Square Feet Proposed Residential 32 Units (rooms) Retail 5,400 Square Feet 2 Restaurant 2,700 Square Feet Restaurant 2,000 Square Feet Residential 32 Units 3 Retail 8,950 Square Feet 4 Residential 40 Units *1,800 SF of existing Arcade being converted to proposed Restaurant Table 2 shows the total unadjusted parking requirements for Table 1 uses based on the City of Cape Canaveral Code. Table 2 City of Cape Canaveral Unadjusted Parking Requirements Wave Village Use Size Units Ratio Parking Required Commercial/Retail/Non-restaurant 24,350 Square 1 space per 300 SF 81 spaces Feet Storage 2,200 Square 1 space per 300 SF 7 spaces Feet Restaurant 9,300 Square 1 space per 100 SF 93 spaces Feet Residential 104 Units 1.083 spaces per unit 113 spaces Total: 294 spaces Engineering & Planning Mosh Gal May 11 th, 2018 Page 3 Based on the findings shown in Table 2, the City of Cape Canaveral's Code requires a minimum of 294 off- street parking spaces when considering the proposed uses individually without adjustment. Since there is not a storage use in the City of Cape Canaveral's Zoning code, the proposed storage space in Phase 1 was calculated as retail space in Table 2. Using the parking requirements from Table 2, LTG utilized the ULI Shared Parking Model to estimate the minimum number of parking spaces required to support the development program in the peak demand month, which the model calculates as Late December. The Client has confirmed that the residential units are to be calculated as hotel rooms. In the model, Community Shopping Center was used for retail, gym, and storage, Family Restaurant was used for restaurant, and Hotel -Leisure was used for residential. The results of the model are shown in Table 3. Engineering & Planning Mosh Gal May 11th,2018 Page 4 Table 3 Shared Parking Demand Summary Peak Month:Late December--Peak Period:12 PM,Weekend SHARED PARKING DEMAND SUMMARY PEAK MONTH: LATE DECEMBER - PEAK PERIOD: 12 PM,WEEKEND Peak Hr Peak Mo Estimated Peak Hr Project Data Base Adj Adj Parking Adj Land Use Quantity Unit Rate Unit 12 PM Late December Demand 12 PM Community Shopping Center(<400 ksf) 26,550 sf GLA 2.68 /ksf GLA 0.90 0.80 51 0.80 Employee 0.65 /ksf GLA 1.00 0.90 15 1.00 Family Restaurant 9,300 sf GLA 8.57 /ksf GLA 1.00 0.95 76 1.00 Employee 1.43 /ksf GLA 1.00 1.00 13 1.00 Hotel-Leisure 104 rooms 0.90 /rooms 0.65 1.00 61 0.65 Restaurant/Lounge sf GLA 10.00 /ksf GLA 1.00 0.95 0 1.00 Conference Ctr/Banquet(20 to 50 sq ft/gue sf GLA 30.00 /ksf GLA 0.65 1.00 0 0.65 Convention Space(>50 sq ft/guest room) sf GLA 20.00 /ksf GLA 1.00 0.00 0 1.00 Employee 0.00 /rooms 1.00 1.00 0 1.00 Customer 188 Employee 28 Reserved 0 Total 216 Shared Parking Reduction:25% *Total Base Rate per Cape Canaveral Land Development Regulations and Customer vs.Employee demand per Urban Land Institute Shared Parking Manual,Second Edition **/ksf GLA=Per 1,000 square feet of gross leasable area Engineering & Planning Mosh Gal May 11 th, 2018 Page 5 Table 3 shows the associated shared parking demand, which the model has as 25% weekend parking reduction attributed to shared parking. This shared parking is from the various uses which require unique parking demands by hour of the day. The time and month of late December has the highest peak parking demand and was shown here for a conservative parking estimate. The ULI model estimates a peak parking demand of 216 at 12:00 p.m. on a weekend in late December. CONCLUSION As noted above and based on the ULI shared parking formulas used in the model calculations, the shared parking provisions result in a 25% reduction of weekend parking demand. The weekend parking demand calculated is 216. Given that 264 parking spaces will be provided by the Client's development, the supply will meet the demand. A future option considered by the Client is an offsite cruise line parking lot, which may provide additional parking for Wave Village provided a valet service. I affirm, by affixing my signature below, that the findings contained herein are, to my knowledge, accurate and truthful and were developed using current procedures standard to the practice of professional planning. Name: Matthew West, AICP Signature: Date: May 11th, 2018 Engineering & Planning City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 8 Subject: Ordinance No. 15-2019; establishing Public/Recreation and Conservation Zoning Districts; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Community Development Summary: As required by the Florida Community Planning Act, the City adopted a Comprehensive Plan which includes prescribed elements or chapters; one of which is the Future Land Use (FLU) Element. The FLU Element establishes general policy direction for the City to guide future development in terms of land -use patterns and relationships. In other words, the FLU Element lays out a road map on how we want to grow/develop as a City. The FLU Element establishes a number of distinct land use categories, including: C1 — Commercial; C2 — Commercial/Manufacturing; M1 — Industrial; R1 — Residential; R2 — Residential; R3 — Residential; PUB — Public/Recreation; and, CON — Conservation. Each of the FLU categories establishes minimum regulatory standards as spelled -out in Florida Statute. To properly implement the standards established in the respective FLU categories and to further define said categories, the City relies on associated zoning districts as contained in the City's land development regulations/zoning code. Each zoning district contains specific standards that apply to development within that district. As an example, the R-2 zoning district includes standards as to the number of units allowed per acre, setbacks from property lines, maximum height of structures and minimum floor area. This is the case for all of the future land use categories contained in the FLU Element; except for two, the Conservation and Public/Recreation categories. Neither of these two corresponding zoning districts were ever established in the City's Code of Ordinances. For this purpose, the attached Ordinance has been prepared by the City Attorney's Office that establishes two new zoning districts: 1 - Conservation; and, 2 - Public/Recreation. The new zoning districts, which are rooted in the associated FLU districts, spell out permitted and prohibited uses, parking requirements, setbacks and minimum dimensional requirements for lots. The intent of the Public/Recreation zoning district is to "provide land for public facilities and active recreation while preserving open space for enjoyment of nature." The Conservation zoning district is to "preserve the natural environment and open space of certain areas deemed suited for preservation while allowing for limited less -active recreational opportunities compatible with the area." As an example, public facilities such as City Hall, the City wastewater plant, Cherie Down Park and the Cape Canaveral Public Library will be zoned Public/Recreation. Banana River Park, Long Point Estuary Park and Manatee Park will be zoned Conservation. Once the two new zoning districts are established, the appropriate parcels will be rezoned to either Conservation or Public/Recreation as part of the administrative rezoning project currently underway. City Council Meeting Date: 9/17/2019 Item No. 8 Page 2 of 2 At its July 30, 2019 regular Meeting, the Local Planning Agency/Planning and Zoning Board unanimously recommended approval of Ordinance No. 15-2019. City Council approved Ordinance No. 15-2019 on first reading at its August 20, 2019 Meeting. The Notice of Hearing was placed for advertisement in Florida Today on September 5, 2019 and the Ordinance is presented for second reading and final adoption. Submitting Department Director: David Dickey Date: 9/10/19 Attachment: Ordinance No. 15-2019 Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 15-2019, on second reading. C/ OK 17e ttedc O-P Approved by City Manager: David L. Greene Date: 9/10/19 1 ORDINANCE NO. 15-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE 4 CITY OF CAPE CANAVERAL, BREVARD COUNTY, 5 FLORIDA; ESTABLISHING PUBLIC/RECREATION AND 6 CONSERVATION ZONING DISTRICTS; PROVIDING FOR 7 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES 8 AND RESOLUTIONS, INCORPORATION INTO THE 9 CODE, SEVERABILITY AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the 12 State Constitution, to exercise any power for municipal purposes, except when expressly 13 prohibited by law; and 14 15 WHEREAS, the City has a adopted a Comprehensive Plan in accordance with the 16 Community Planning Act; and 17 18 WHEREAS, the Future Land Use Element, Objective LU-1.3, of the Comprehensive Plan 19 establishes a future land use category for Public and Recreation Facilities and Conservation; and 20 21 WHEREAS, the City Council desires to create and adopt a zoning district designation 22 for Public and Recreation Use and Conservation consistent with, and for purposes of 23 implementing the City's Comprehensive Plan; and 24 25 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this 26 Ordinance on July 30, 2019 and recommended that the City Council adopt this 27 Ordinance; and 28 29 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds 30 this ordinance to be in the best interests of the public health, safety and welfare of the citizens of 31 Cape Canaveral. 32 33 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 34 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: 35 36 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 37 reference as legislative findings and the intent and purpose of the City Council of the City of 38 Cape Canaveral. 39 40 Section 2. Code Amendment. Chapter 110, Article VII — Districts of the Code of 41 Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined 42 type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a 43 deletion from this Ordinance of text existing in Chapter 110, Article VII - Districts. It is 44 intended that the text in Chapter 110, Article VII - Districts denoted by the asterisks and set forth 45 in this Ordinance shall remain unchanged from the language existing prior to adoption of this 46 Ordinance: 47 48 CHAPTER 110 - ZONING 49 City of Cape Canaveral Ordinance No.15-2019 Page 1 of 6 1 ARTICLE VII. - DISTRICTS 2 3 4 5 DIVISION 9. - PUB/REC PUBLIC RECREATION 6 Sec. 110.380. — Intent 7 The intent of the Public/Recreation (PUB/REC) zoning district is to provide land for 8 public facilities and active recreation while preserving open space for enjoyment of nature. Uses 9 within this category shall be designed to provide a high -degree of compatibility with community 10 needs and adjoining land uses, particularly residential ones. 11 Sec. 110.381. — Principal uses and structures. 12 The principle uses and structures permissible in the PUB/REC zoning district are as 13 follows: 14 j Public parks, including open space, playgrounds, and athletic fields. 15 16 (2) Public facilities such as city hall, public schools, public safety buildings, 17 public utility facilities and cultural institutions including museums, libraries 18 and art galleries. 19 20 (3) Public recreation facilities such as kayak launches, skate parks, community 21 centers, amphitheater, picnic tables and pavilions, tennis, basketball and 22 bocce courts and swimming pools. 23 24 (4) Multi -purpose recreation trails and boardwalks. 25 26 (5) Frisbee golf courses. 27 28 (6) Drainage and stormwater facilities. 29 30 (7) Botanical and community gardens. 31 32 (8) City initiated, sponsored and approved public art. 33 34 (9) Piers and non -motorized boat launches. 35 36 (10) Other public or recreational uses approved by the City Council at a duly 37 held public hearing. 38 39 Sec. 110.382. — Accessory uses and structures 40 The accessory uses and structures permitted in the PUB/REC zoning classification shall 41 be as follows: City of Cape Canaveral Ordinance No.15-2019 Page 2 of 6 1 (1) Caretakers home. 2 3 (2) Administrative, support, restrooms and storage buildings of under 10,000 4 square feet per building. 5 6 (3) Restaurants and snack bars primarily utilized by users of the park or 7 recreational facility. 8 9 (4) Community meeting halls/buildings 10 11 Sec. 110.383. — Special exceptions permissible by the Board of Adjustment. 12 RESERVED 13 Sec. 110.384. — Prohibited uses and structures. 14 In the PUB/REC zoning district, all uses and structures not specifically or provisionally 15 permitted in this Division are prohibited. 16 Sec. 110.385. — Area and Dimensions. 17 In the PUB/REC zoning district, the following area and dimensions shall apply: 18 (1) Minimum lot area shall be 5,000 square feet. 19 20 (2) Minimum lot width shall be 50 feet. 21 22 (3) Minimum lot depth shall be 75 feet. 23 24 (4) Maximum coverage for building footprints shall be 35 percent, with overall 25 impervious coverage not exceeding 50 percent. 26 27 ) Maximum building height shall be 35 feet. 28 29 Sec. 110.386. — Minimum setbacks 30 In the PUB/REC zoning district, the minimum setback shall be 15 feet from all lot lines. 31 Sec. 110.387. — Off-street parking and access. 32 In the PUB/REC zoning district, off-street parking and access to public or private 33 roadways shall be provided in accordance with Land Development Code sections 110.491 and 34 110.493. 35 DIVISION 10. - CONSERVATION 36 37 Sec. 110.388. — Intent. 38 The intent of the Conservation (CON) zoning district is to preserve the natural 39 environment and open space of certain areas deemed suited for preservation while allowing 40 for limited less -active recreational opportunities compatible with the area. 41 City of Cape Canaveral Ordinance No.15-2019 Page 3 of 6 1 Sec. 110.389. — Principle uses and structures. 2 3 The following principle uses and structures shall be permissible in the Conservation 4 zoning district: 5 (1) Public and private game preserves, city, county and state parks, wildlife 6 management areas and refuges. 7 8 (2) Low -intensity public recreation, including, but not limited to, bicycle/nature 9 trails, boardwalks pavilions and overlooks, bird watching, recreational 10 fishing, canoeing or kayaking, nature centers and small, low -intensity 11 playgrounds. 12 (3) Water conservation areas, reservoirs and wells. 13 14 (4) Natural vegetated areas. 15 16 fjj Wetlands. 17 18 (6) Aquatic preserves. 19 20 (7) Historic or archaeologic sites. 21 22 (8) Other passive, conservation related uses approved by the City Council at a 23 duly held public hearing. 24 25 Sec. 110-390. — Accessory uses and structures. 26 The accessory uses and structures permitted in the Conservation zoning district shall be 27 as follows: 28 (1) Caretakers home. 29 30 (2) Administrative, support, restrooms and storage buildings of under 10,000 square feet. 31 32 (3) Any other uses found to be accessory and incidental to a permitted principle use and/ 33 or structure. 34 35 Sec. 110-391. — Prohibited uses and structures. 36 In the Conservation zoning district, any uses or structures not specifically or provisionally 37 permitted in the district are prohibited. 38 39 Sec. 110-392. — Area and dimensional standards. 40 In the Conservation zoning district, the following area and dimensions shall apply: 41 42 (1) Minimum lot area shall be one (1) acre. 43 44 (2) Minimum lot width and depth shall not be required, so long as the lot area is one (1) 45 acre or more. City of Cape Canaveral Ordinance No.15-2019 Page 4 of 6 1 2 3 4 (3) Maximum coverage for building footprints shall be 30 percent, with overall impervious coverage not exceeding 30 percent. 5 Sec. 110-393. — Minimum setbacks. 6 Minimum front, side, and rear setbacks shall be 25 feet for the Conservation zoning 7 district. 8 9 Sec. 110-394. — Off-street parking and access. 10 In the Conservation zoning district, off-street parking and access to public or private 11 roadways shall be provided in accordance with Land Development Code sections 110.491 and 12 110.493. 13 14 Sec. 110-394 — 110-400. — Reserved. 15 16 17 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 18 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 19 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 20 21 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 22 Canaveral City Code and any section or paragraph, number or letter and any heading may be 23 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 24 like errors may be corrected and additions, alterations and omissions not affecting the 25 construction or meaning of this Ordinance and the City Code may be freely made. 26 27 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 28 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 29 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 30 be deemed a separate, distinct and independent provision, and such holding shall not affect the 31 validity of the remaining portions of this Ordinance. 32 33 Section 6. Effective Date. This Ordinance shall become effective immediately upon 34 adoption by the City Council of the City of Cape Canaveral, Florida. 35 36 37 38 39 [Adoption and Signature Page Follows] 40 41 42 43 44 45 46 47 48 City of Cape Canaveral Ordinance No.15-2019 Page 5 of 6 1 2 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 17th day of 4 September, 2019 5 6 7 8 Bob Hoog, Mayor 9 10 11 ATTEST: For Against 12 13 Mike Brown 14 15 Mia Goforth, CMC Robert Hoog 16 City Clerk 17 Wes Morrison 18 19 Rocky Randels 20 21 Angela Raymond 22 First Hearing: August 20, 2019 23 Advertisement: September 5, 2019 24 Second Hearing: September 17, 2019 25 26 Approved as to legal form and sufficiency 27 for the City of Cape Canaveral only by: 28 29 30 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.15-2019 Page 6 of 6 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 9a Subject: Resolution No. 2019-19; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2019/20 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary:Adopt a Final Millage Rate of 3.7256 mills for Fiscal Year 2019/20. This represents a rate below the rolled-back rate. This Millage includes two (2) segments: General Government Millage 3.6700 mills Library Dependent Special District 0.0556 mills These rates are identified in the Fiscal Year 2019/20 Proposed Budget. Per"Truth in Millage Compliance",the Ad Valorem Tax rates can be lowered from the proposed rate; however, no tax rate can be increased. The City Council adopted Resolution No. 2019-10 with a Tentative Proposed Millage Rate of 3.7359 on July 16, 2019. As of this writing, Resolution No 2019-12 with a Tentative Millage Rate of 3.7256 is scheduled for a hearing on September 12, 2019. Resolution No. 2019-19 (Attached)is the final approval establishing the Final Millage Rate for Fiscal Year 2019/20. Submitting Department Director: John DeLeo Date:: 9/10/19 Attachment: Resolution No. 2019-19 Financial Impact: The Final Millage rate of 3.7256 provides a property tax revenue stream of $4,630,737. These revenues are represented in the Proposed FY 2019/20 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo Date:: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-19. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 RESOLUTION NO. 2019-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2019/20 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS, originally scheduled for September 3, 2019, the First Reading has been rescheduled per Governor Ron DeSantis' Executive Order Numbers 19-189/19-190 and Florida Department of Revenue Emergency Order No. 19-001 due to Hurricane Dorian. WHEREAS, Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget, but prior to adoption thereof, each taxing authority shall compute a Final Millage Rate necessary to fund the final budget other than the portion of the budget to be funded from sources other than Ad Valorem Taxes. 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 3.7256 mills on the dollar of taxable value for the 2019/20 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate below the previous year's rate and a 0.64% decrease below the roll -back rate of 3.7495 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a Final Millage Rate of 3.6700 mills for General Government Millage. This final Ad Valorem Tax shall be levied upon the 2019 Tax Assessment Roll for Ad Valorem Tax on all City of Cape Canaveral, Florida Resolution No. 2019-12 Page 1 of 2 taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2019 and ending September 30, 2020. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a Final Millage Rate of 0.0556 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This final Ad Valorem Tax shall be levied upon the 2019 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, 2019 and ending September 30, 2020. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 17th day of September 2019. ATTEST: Mia Goforth, CMC, City Clerk Approved as to Form: Bob Hoog, Mayor Name For Against Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond Anthony A. Garganese, City Attorney City of Cape Canaveral, Florida Resolution No. 2019-12 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 9b Subject: Ordinance No. 16-2019; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020; providing for an effective date, second reading. Department: Financial Services Summary: City Council completed two workshops pertaining to the development of the Budget for Fiscal Year 2019/20. The Budget reflects Council direction from those meetings and revised revenue/spending estimates. The Budget for the Fiscal Year 2019/20 totals $32,689,002. This represents a 9.7% increase from the Fiscal Year 2018/19 Budget. As of this writing, Ordinance No. 16-2019 is scheduled for the Special City Council Meeting on September 12, 2019. The Notice of Hearing was place for advertisement in Florida Today on September 13, 2019. The Ordinance is now presented for second reading and final adoption. Submitting Department Director: John DeLeo Date: 9/10/19 Attachment: Ordinance No. 16-2019 with Attachment #1 — Fiscal Year 2019/20 Budget Summary Financial Impact: This is a balanced Budget based upon a 3.7256 Ad Valorem Millage Rate; cost of advertisement and Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 16-2019, second reading. f- 0 eKiX lce-P Approved by City Manager: David L. Greene Date: 9/10/19 ORDINANCE NO. 16-2019 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS, AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2019, AND ENDING SEPTEMBER 30, 2020; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, originally scheduled for September 3, 2019, the First Reading has been rescheduled per Governor Ron DeSantis' Executive Order Numbers 19-189/19-190 and Florida Depailment of Revenue Emergency Order No. 19-001 due to Hurricane Dorian. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2019, and ending September 30, 2020, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of September 2019. ATTEST: Mia Goforth, CMC, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney First Reading: 9/12/2019 Legal Ad Published: 9/13/2019 Second Reading: 9/17/2019 Bob Hoog, Mayor Name For Against Mike Brown Bob Hoog Wes Morrison Rocky Randels Angela Raymond City of Cape Canaveral, Florida Ordinance No. 16-2019 Page 1 of 1 Ordinance No. 16-2019 Attachment#1 City of Cape Canaveral Fiscal Year 2019-2020 Budget Summary Revenues Expenditures General Fund: $ 18,654,753 $ 18,654,753 Enterprise Funds: Wastewater Enterprise Fund 7,198,911 7,198,911 Stormwater Enterprise Fund 1,029,524 1,029,524 Enterprise Capital Fund - - Capital Project Funds: Capital Construction Fund - - North Atlantic Ave. Improvement Fund - - Special Revenue Funds: Police Education Fund 1,195 1,195 Aerial Fire Protection Fund 24,540 24,540 School Crossing Guard Fund 2,385 2,385 Library Fund 75,371 75,371 CC Community Redevelopment Agency Fund 5,693,725 5,693,725 Agency Fund: Law Enforcement Trust Fund 8,598 8,598 Total Fiscal Year 2019/2020 Budget $ 32,689,002 $ 32,689,002 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2019 Item No. 10 Subject: Ordinance No. 17-2019; amending the Supplementary Zoning District regulations regarding Oak Lane; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading. Department: Community Development Summary: In 2014/2015, Sheropa, LLC. applied for and received building permits to construct four single-family homes on four (4) separate lots abutting the southern boundary of Oak Lane (127, 131, 135 and 139 Oak Lane). Per the City Building Department's practice, the building permits were issued in reliance upon certified surveys, which in this case were submitted by Walker Surveying, a licensed surveyor in the State of Florida. The Walker Surveying surveys demonstrated compliance with City Code requirements, including property lines, setbacks, the location of improvements, etc. The permit applications also included copies of warranty deeds, with legal descriptions consistent with the surveys. However, as the City Council is aware from a previous variance proceeding related to 127 Oak Lane in 2017, during the permitting and construction of the four (4) single-family homes, competing surveys were submitted to the City disputing the accuracy of several of the surveys submitted by Walker Surveying, specifically whether the single-family homes were constructed in compliance with the City's zoning side and front setback requirements. In fact, relevant to the side setback issue, a quiet title action is still pending involving Sheropa, LLC. (127 Oak Lane) and the property owner of 123 Oak Lane related to the side lot boundary line between 123 and 127 Oak Lane. In addition, it is the City's understanding that Sheropa, LLC. is attempting to resolve a side setback issue related to the side lot boundary line between 131 Oak Lane owned by Sheropa, LLC. and 135 Oak Lane which is owned by another property owner. Furthermore, due primarily to the current unpaved status of Oak Lane and competing surveys, the location of the Oak Lane Right -Of -Way was being questioned by some of the property owners including whether the four (4) single-family homes constructed by Sheropa, LLC. are in compliance with the minimum 25-foot front setback requirement under the City Code. As a result, on September 4, 2018, the City engaged Campbell Surveying, LLC. to prepare a Map of Survey to, among other things, establish the legal description for the Oak Lane Right -Of -Way and to install survey markers indicating the location of the right-of-way, and in an effort to identify private improvements existing within the right-of-way. A copy of the Oak Lane Map of Survey is attached to this Agenda Item (Attachment 1). In addition, Campbell Surveying, LLC. measured the distance of fronts of all six (6) of the single-family homes along the southern boundary of Oak Lane from the southern boundary of Oak Lane Right -Of -Way. The measurement was taken to determine whether these six (6) homes are in compliance with the current minimum 25-foot front setback requirement. Based on these measurements taken by Campbell Surveying, LLC., five (5) of the six (6) single-family homes are not in compliance with the minimum front setback requirement to varying degrees including the four (4) single-family homes constructed by Sheropa, LLC. The closest home (135 Oak Lane) is 19.1 feet from the southern boundary of Oak Lane. The single-family homes along the City Council Meeting Date: 9/17/2019 Item No. 10 Page 2 of 2 northern boundary of Oak Lane were not measured because they all appear to be well within the minimum 25-foot front setback requirement. Furthermore, as part of the surveying assignment, Campbell Surveying, LLC. identified on the survey all utilities and private improvements existing within the Oak Lane Right -Of -Way. Based on the survey, it appears that all property owners along the southern and northern boundary of Oak Lane, and several utilities, have one or more private improvements located within the Oak Lane Right -Of -Way such as driveway aprons, pavers, mailboxes, landscaping, and utilities. Based on the Map of Survey provided by Campbell Surveying, LLC., there is a need to adopt supplemental zoning regulations to address front setback and existing private improvements and utilities within and along Oak Lane in order to address property interests. The proposed Ordinance (Attachment 2) will result in a legislative amendment to Chapter 110 — Zoning, by creating a new section (Sec. 110-490.2) specifically for properties abutting Oak Lane to include a new minimum front setback of 19 feet. Furthermore, the Ordinance provides for certain private improvements to be located within the unpaved portion of Oak Lane; however, upon written notice by the City, property owners will have to relocate said improvements under certain circumstance identified in the Ordinance. Adoption of the Ordinance will bring the front setbacks of all single-family homes along Oak Lane and the private improvements within the Oak Lane Right -Of -Way into compliance with the City Code. First hearing of this item was originally scheduled to be heard at the Regular City Council Meeting of Tuesday, September 3, 2019 but was cancelled on September 2, 2019 due to projected impacts of Hurricane Dorian. Submitting Department De Director: David Dickey Date: 9/10/19 Attachments: 1. Map of Survey 2. Ordinance No. 17-2019 Financial Impact: Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/10/19 The City Manager recommends that City Council take the following action: Approve Ordinance No. 17-2019 on first reading. Approved by City Manager: JS on behalf of David L. Greene Date: 9/10/19 << LEGEND A SYMBOLS >> marked: PL S 2351 / LB 7978 • 0.T.P. Found Open Top Pipe • • Nail 2 Disk Control Point PLS. 2351 / LB 7978 Mir disk marked PRA! S 2351 / LB 7978 with Brass disk markedwith Surveyor s number Per Plat A Set nail and. mark, PLS 2351 / LB 7978 • Fomd anddisk, No Identification 4P • Sank& yManhate • Stonn Manhole • Telephone Manhole • Telephone Box Wat e Meter m Water Valye F Eire Hydrant ac#2 Wo o d Power Pole • ConcretePowe r Pole it Light Pale • Guy., MAP OF SURVEY OAK LANE IN A PORTION OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA NORTH LINE OF THE SOUTH 165 FEET OF LOT A, TUTEN'S SUBDIVISION, PLAT BOOK PAGE 22 PARCEL A.01 ORB 6130 PG 2243 LOT 18 LOT 17 NORTH LINE OF DEED BOOK 395 PAGE 145 586 8' (D) PARCEL A.02 ORB 24 PG 3 cnxiTC1c2Iii9gr S S9.54'5, F FOUND 1/2" IRON ROD & CAP LB 5633, 0 34' N OF LINE FOUND 1/2" IRON ROD NO ID, 0 37' S OF LINE PARCEL A.03 ORB 9 PG 311 ORB 364 PG 312 cAlciggiro Attachment 1 TT , ORB 762 PG 200 PATRCELNTA,059 LOT 16 , ''' N , 1,1 2, , ,, • ' , MI I Fit -'ill Ma War' . . Atillifir , 94. , PARCEL A.10 ORB 5282 PG 1103 LOT 15 .0 SURVEYOR'S A TITLE REPORT A NOTES» SURVEYORS NOTES CONCERNING TITLE REPORT LOT 14 RESIDENCE CAPE ClA31,7A Z12<., FIE_ 32920 TAX FIA-0111-T=49527895 PARCEL 2,27 ORB 5282 PG 1102 LOT 13 OCEAN GARDENS WAVE TWO 394' (D) PARCEL A.26 ORB 5282 PG 1101 ORB 5 PG 528 SOUTH LINE OF DEED BOOK 395 PAGE 880 (D) LOT 12 LOT , LOT 10 5651 LOT 9 LOT B PARCEL A.25 ORB 5282 PG 1100 PARCEL A.17 ORB 206 PG 577 LOT 7 LOT 6 PLAT BOOK 40, PAGE 45 << SURVEYOR'S A REPORT >> 1. Item 8 deals with Restrictions, conditions, easements and dedications contained in the record plat .TUTENS SUBDIVISION. There are ....how.. 2. Item, deals with a blanket Easement given to Florida Power an ht mpany recorded in Deed Book 395 at MAINTAINED RIGHT OF WAY. This Easement is shown on the survey and is noted exception #9 3. Ite.10 deals with a blanket Easement give. to Fkil,(5t,la Power and Light Comp., re.rded in Deed Book 396 at NIZXZEZW1==all=land:‘,:=2tgt=====ard deed recorded in ORB 1832 at Page 429. This easements is show. on the Survey and is noted. exception12. 10. 11..17 is a 20 foot wide utility easement recerded in ORB 4429 atPage 2659 and re recorded in 012134409 at ease...touches the property in question along its most Wester...Mary. This Easement is ..sed for both 12. 1..20 deals with a 5 foot city ofCacoa Water Easement recorded in ORB 7432 at Page 720.4...r...is 6.BearingsarebasedonDeedofrecordreferencedto S89.57'51, almigthe North properly line. << THE UNDERGROND UTILITY INFORMATION >> is based, th pat upon idormatio.. fumishedby believed to be rel.] n its accurac yan comPiciencs t PARCEL A 09 DB 745 PG 459 LOT 5 LOT 4 OCEAN GARDENS WAVE ONE LOT 3 PARCEL A 07 PARCEL A 06 DB 403 PG 388 ..NBALO=AvE.E'' cAPTEAY'A'c'EL'72.:2° S 99.57',5" 5 10' TO POB OF PARCEL A.17 LOT 2 LOT 1 << LEGAL A DESCRIPTION >> PLAT BOOK 38, PAGE 72 CITYOF CAPE CANAVERAL OAK L ANE R IGHTOF W AY L EGAT D ESCRIPTIONAS PREPAREDBY $ URVEYOR: A portion of Lot A in TUTEMSSUBDMSION, according to the plat thereof recorded in Plat Book P, 22 o the Public Records ofBreeard Co.uny, FloOda, the same being did the lands transfer., d byBrevard Com,. the maintained by the City of Ca, Canayeralthat lie s East of the East line of said Officia 1 RecordsBook 1832 atPa,ge 429 .md West of the West right of way line of Nor t h Atlantic Avenue AKA STATE ROAD 401 (60 foot wide roadway) The To Wit: Commence at the intersection of the West Right of Way line of STATE ROAD 4 01 with the North line of the Sout h 165 feet of Lot A of said TUTENSSUBDIVISION. said point is witnessedby a 2 inch Rano', thence run S 060 53'01'W in 13790 feet to the intersection with the North line of that pa t d'OAK LANE that has been maintainedby the Cit y of C.., Canaveral, said pointis marked with a 4 inch square concrete monument with brass disk #PLS 2351,said point ben.g thePond offlegMningof the following describe d rightof Ray fo c OAK LANE; thence continueS 06D5501" W along the West right of way line of STA TE ROAD 401 for 50.35 feet to a pointonthe South line that.... with a 4 inch squaredconcrete monument with bras s disc #PLS 2351:thence leaving the West right of wayline of STATE ROAD 401 run N8905755" W ak,theSouth line of the afmsaid Mgress-egress easementand along theSoutherly Ihnit,the are a maintained by the Ot y of Ca, Canaveral for 130.35 feet o anoint said point ben; g marked with a StainlessSted Nail and Disk set in drill hole marked P.R.M# PLS 2351; thence run N 7403800"W continuing along., 1832 at Page 429 of the Public Records,' BreyardCount, Florida, said point being marked with a 4 inch square concrete monument with Inass disc #PLS 2351; thence run IV 8905755" W along of theSouth line of the lands described in aforesaid Official Record s book 1832 at Page 429 for 43495 feet to the Northwest corner of the lands described Odic., 1 Records Book 528 2 atPage 1102 of the Public Records of Breyard Coun, thence run SOID3112"Ealong the West line of saiclOfficial Records Book 5282 at Page 1102 for 16.50 feet to the point of intersection with the South line of that part of OAK LANE that has been ma.tained by the City of Cape Canaveral, said point is marked with a 4 .ch square concrete...mm..0th brass disc #2351; thence run N 8905755"W for94.05 feet to a point on the East line of the West 440 ketof Lot A and LotB of the aforesaid plat of TUTEMSSUBDIVISION said point markedndth a 4 inch square concrete monumentwith brass .5,2351; thence run NOID3112" W along the East line of the West440 feetof said Lots A andLotB for 66.50 feet to a pain, said pa. s marked with a 4 inch squa. inch concrete monument intersection with that part,' OAK LANE that has been maintaine d by the City of Cape Canaveral; Thence run S 89D5752"Ealong said Maintained line of 135.40 feet to the Point of Beginning. << EXPLANATION OF ABBREVIATIONS >> Point of Commencement PB PlatBook A/C AirConditioner N.A.V.D. NATIONAL GEODETIC Poi. of Beginning DB. DEE6 BOOK F. Fomid VERTKALDATuri MeasuredDistance LB LicensedBusiness N N CD CHORD DISTANCE MeasuunentOnPbt LS LicensedSurveyor A.KA C.L.F. CHAIN LINK FENCE MeasurmentfromDeed PublicUtility Easement FFE FINISHF OHW OvERHEADWIRE 6C» MeasurnientCalculated PublicUtilityEasement CB CHORD CIR CAPPED IRON ROD PG Page C.B.S. CONCRETE BLOCK D.E. DRAINAGE EASEMENT O.RB. OfficialRecord Book E.O.P. EdgeofPavement STRUCTURE ELEV. ENEWIONI EdgeotWater itY,NGTH = radar A DELTA HP HEHPO ICA, dary Line moue. s te Ruw RE_usEwATER --- — = T9Pof Bank,,d,valcor.9, T`gritlaWsl'ale'r he,e, thlt tr,e r, act 5a I ta,r, th,,,A, 5,17.052, c ,9,-t06,"K 4., " W ; sai 3 --$. 47_ A SITE >>WA << LOCATION A MAP >> FOUND 1/2" IRON ROD NO ID I 0 71 FEET WEST, ON LINE Fm0oUNNLEDm E4N"_>r‘ 4N" 0C OuN TENE 6N LOT 4 LOT 3 LOT 2 LOT 1 Fsr\cipoRNN DA '6,1-sP2c784, NORTH LINE OF DEED BOOK 395 PAGE1145 , 293.20 (D) FmTNuD E4"X4" NE CORNER OF LOT B TUTEN'S SUBDIVISION PN LoA Tc oBRONOEKR 1E, oPu AN, Go E 02R2 E DEED BOOK 424, PAGE 566 POBEGINNING DEED BOINT OKOF 395 PAGE 145 ORB 762 PG 200 I — — SE CORNER OF THE SW 1/4 OF THE I NW 1/4 SECTION 14, TOWNSHIP 24 SOUTH,RANGE 37 EAST ▪ NO CORNER FOUND OR SET 0 << EASEMENT'S A LEGEND >> K4N/1 R',En„LETNINT, 0214% F PET, E VT' T 30 << SCALE A 1" =30 >> 0 15 30 120 TH°N R INEERING CO ON EAST LINE OF THE SW 1/4 OF THENW 1/4 OF SECTION 14 EAST LINE OF DEED BOOK 395 PAGE 145 FOUND 1/2" IRON ROD NO ID NW CORNER OF LOT 1 PLAT BOOK 32 PAGE 75 LICENSED B USINESS # 79 78 115 Alma Blvd.,Suite 102 / MailingAddress:P.O.Box 541866 MerrittIsland, FL 32954 Phone:(321)514.6920 o oAK C.. ANL' APE .. 1, 32920 LIUNLIMIC Y VLr,v S .2 OF C NECKED BY 42.0 WPM S ECTION , r'j,r D WG 201,290BISDY DEM,. EL H ALE T P REPARED FOR .0 C ERTIFIED ro: DATE 2/25./19 PROF, N ,20,290 AWGE 37 EAST C ITY OF CAPE C A1VAVERAL R ENSIGNS D ATE D ESCRIPTICHS 4/10/19 Add Working Document and CityComments # 2 6/20/19 Revise Right of Way Bounder y per CityComments #3 6/28/19 Revise City Comments #4 8/21/19 Revise , Comments Attachment 2 1 ORDINANCE NO. 17-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 5 AMENDING THE SUPPLEMENTARY ZONING DISTRICT 6 REGULATIONS REGARDING OAK LANE; PROVIDING 7 FOR THE REPEAL OF PRIOR INCONSISTENT 8 ORDINANCES AND RESOLUTIONS, INCORPORATION 9 INTO THE CODE, SEVERABILITY AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 14 law, and pursuant to Section 316.006(2), Florida Statutes, the City shall have original jurisdiction 15 over all streets and highways located within the City's jurisdictional boundaries, except state roads, 16 and shall have the power to regulate all such streets and highways as provided by law; and 17 18 WHEREAS, Oak Lane is a City public road located within the jurisdictional boundaries 19 of the City of Cape Canaveral, Florida; and 20 21 WHEREAS, Oak Lane is one of two (2) remaining unpaved City public roads located 22 within the City of Cape Canaveral; and 23 24 WHEREAS, a substantial portion of Oak Lane was conveyed to the City by Brevard 25 County in 1977 by County Deed recorded in Brevard County Official Records Book 1832 at Page 26 429, and that portion and the remaining portion of Oak Lane have regularly been maintained or 27 repaired continuously and uninterruptedly by the City for decades; and 28 29 WHEREAS, the City Council recently adopted Resolution No. 2019-13 certifying a Right- 30 of -Way and Maintenance Map for Oak Lane, prepared by Campbell Surveying, LLC., and 31 recognizing all right, title, easement and appurtenances to Oak Lane described in said Resolution 32 are vested in the City of Cape Canaveral, in accordance with the provisions of Section 95.361, 33 Florida Statutes, or by other lawful means of acquisition including by County Deed; and 34 35 WHEREAS, based on the Right -of -Way and Maintenance Map and survey information 36 provided by Campbell Surveying, LLC., the City Council finds that there is a need to adopt 37 supplemental zoning regulations to address front setback and existing private improvements and 38 utilities within and along Oak Lane in order to address property interests; and 39 40 WHEREAS, the City's Land Planning Agency conducted a public hearing regarding this 41 Ordinance on and recommended that the City Council adopt this 42 Ordinance; and 43 44 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 45 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 46 Canaveral. 47 48 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 49 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Ordinance No. 17-2019 Page 1 of 3 1 2 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 3 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 4 Canaveral. 5 6 Section 2. Code Amendment. Chapter 110, Article IX — Supplementary District 7 Regulations of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as 8 follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks 9 (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Article IX — 10 Supplementary District Regulations. It is intended that the text in Chapter 110, Article IX — 11 Supplementary District Regulations denoted by the asterisks and set forth in this Ordinance shall 12 remain unchanged from the language existing prior to adoption of this Ordinance: 13 14 CHAPTER 110 - ZONING 15 16 * * * 17 ARTICLE IX. - SUPPLEMENTARY DISTRICT REGULATIONS. 18 19 * * * 20 21 Sec. 110-490.2. — Oak Lane 22 23 Notwithstanding any contrary provision in the City Code, the following provisions shall 24 apply to properties abutting Oak Lane: 25 26 (a) The minimum front setback shall be 19 feet. 27 28 (b) Private driveway aprons, curbing, pavers, mailboxes, landscaping, and utilities 29 ("Private Improvements") may be maintained by property owners within the unpaved portion of 30 Oak Lane at the property owner' s expense. However, upon written notice by the City, property 31 owners shall be required to remove and relocate the Private Improvements in the event the City 32 determines that removal and relocation is required because of any of the following reasons: 33 34 (1) An emergency exists; 35 (2) The Private Improvements interfere with the free flow of vehicular or pedestrian traffic 36 within Oak Lane; or 37 (3) The repair, maintenance or improvement of Oak Lane by the City. 38 39 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 40 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 41 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 42 43 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape 44 Canaveral City Code and any section or paragraph, number or letter and any heading may be 45 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and 46 like errors may be corrected and additions, alterations, and omissions, not affecting the 47 construction or meaning of this Ordinance and the City Code may be freely made. 48 City of Cape Canaveral Ordinance No. 17-2019 Page 2 of 3 1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 4 be deemed a separate, distinct and independent provision, and such holding shall not affect the 5 validity of the remaining portions of this Ordinance. 6 7 Section 6. Effective Date. This Ordinance shall become effective immediately upon 8 adoption by the City Council of the City of Cape Canaveral, Florida. 9 10 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day 11 of , 2019. 12 13 14 Bob Hoog, Mayor 15 16 17 18 ATTEST: For Against 19 20 Mike Brown 21 22 Mia Goforth, CMC Robert Hoog 23 City Clerk 24 Wes Morrison 25 26 First Reading: September 17, 2019 Rocky Randels 27 Advertisement: 28 Second Reading: Angela Raymond 29 30 31 32 33 Approved as to legal form and sufficiency 34 for the City of Cape Canaveral only by: 35 36 37 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 17-2019 Page 3 of 3