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HomeMy WebLinkAboutcocc_council_mtg_packet_20220719_regularCAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA July 19, 2022 6:00 P.M. For those that cannot attend the Meeting and wish to submit a public comment: Email your comment to CityClerk@CityofCapeCanaveral.org by noon the day of the Meeting. To stream the Meeting at home: Please visit www.cityofcapecanaveral.org/city_meetings For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/807870990909381648 Instructions for using GoToWebinar: www.cityofcapecanaveral.org/instructions 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. BUDGETARY ITEM (PUBLIC HEARING) 1 6:15 p.m. - 6:25 p.m. 1. Resolution No. 2022-14; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2022/2023 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. OLD BUSINESS 1 6:25 p.m. - 6:45 p.m. 2. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same. 3. Rising Rents. (Submitted by Council Member Raymond) CONSENT AGENDA 1 6:45 p.m. - 6:50 p.m. 4. Approve the June 21, 2022 Regular City Council Meeting Minutes. 5. Approve proposed task order from Tetra Tech in the amount of $81,047 for engineering design, bidding and construction administrative services for retrofitting two clarifiers at the Water Reclamation Facility (WRF) and authorize City Manager to execute same. PUBLIC HEARINGS 1 6:50 p.m. - 7:50 p.m. 6. Ordinance No. 16-2022; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for City Fiscal Years 2022/2023 through 2026/2027 subject to an annual review of the rate schedule adopted hereunder by the City Council; providing for the ratification of sewer rates for sewer customers; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date, second reading. City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Agenda • Page 2 of 3 7. Ordinance No. 06-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 07-2022; adopting a City -initiated rezoning of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. 8. Ordinance No. 08-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as Bakersfield Subdivision (fka a portion of Ocean Gardens) located on 146 and 148 Ocean Garden Lane, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 09-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as Bakersfield Subdivision (fka as a part of Ocean Gardens) located at 146 and 148 Ocean Garden Lane from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. 9. Ordinance No. 10-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 11-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. 10. Ordinance No. 12-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" To "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Agenda • Page 3 of 3 Ordinance No. 13-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. 11. Ordinance No. 14-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map Designation of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" To "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 15-2022; adopting a City -initiated rezoning of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning district designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. ITEM FOR ACTION 1 7:50 p.m. — 8:00 p.m. 12. Consideration and final action on the Code Enforcement Special Magistrate's Report and Recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue. ITEM FOR DISCUSSION 1 8:00 p.m. — 8:10 p.m. 13. Options to accomplish shorter more effective meeting while accommodating time for council to speak to each other. (Submitted by Mayor Pro Tem Kellum) INFORMATIONAL I Items are presented for informational purposes only with no action to be taken. 14. Monthly Financial Report — May 2022. 15. ProChamps Update. 16. Florida Department of Transportation "A1A Tomorrow" Community Outreach Update and John K. Porter Bridge Improvements. 17. Specimen Tree Removal at Canaveral City Park. REPORTS 18:10 p.m. — 8:15 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 MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 1 Subject: Resolution No. 2022-14; adopting a Tentative Proposed Millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2022/2023 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: represents body to comply includes two Per "Truth meeting and tax rate cannot There will City's Fiscal 1. September approved County 2. September approved County Submitting Adopt a Tentative Proposed Millage rate of 3.5596 mills for Fiscal Year a rate above the rolled -back rate. This rate will require a two-thirds with maximum millage calculation allowed under Florida segments: 2022/2023, which vote of the governing Statute 200-065(5). It be proposed at this However, the implemented for the the City Council: change in date was conflict with Brevard change in date was conflict with Brevard 7/11/22 General Government Millage 3.5164 mills Library Dependent Special District 0.0432 mills in Millage Compliance", the highest intended millage rate must Ad Valorem Tax Rates can be lowered from the initial rate proposed. be increased after this meeting. be two more meetings concerning the Ad Valorem Tax rate to be Year 2022/2023. They were scheduled on November 16, 2021, by 7, 2022: Tentative Millage rate will be established. (This at the June 21, 2022 Regular City Council Meeting due to a Budget Hearing.) 21, 2022: Final Millage rate will be established. (This at the June 21, 2022 Regular City Council Meeting due to a Budget Hearing.) Department Director: John DeLeo Date: Attachment: Resolution No. 2022-14 Financial Impact: The Tentative Proposed Millage rate of 3.5596 provides a property tax revenue stream of $5,688,759. These revenues are represented in the Proposed Fiscal Year 2022/2023 Budget at a 95% receipt rate and allow for a balanced budget. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/11/22 The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-14. Approved by City Manager: Todd Morley Date: 7/11/22 RESOLUTION NO. 2022-14 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2022/2023 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, 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 tentative proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than ad valorem taxes, and such tentative proposed millage rate must be provided to the Property Appraiser, along with the date, time, and place for the upcoming public hearings to be conducted by the City of Cape Canaveral to adopt a millage rate and budget for the next fiscal year, so real property owners may be publicly noticed. 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 3.5596 mills on the dollar of taxable value for the 2022/2023 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents an increase of .3416 mills above the rolled -back rate of 3.2180 mills. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 3.5164 mills for General Government Millage. This millage represents an increase of .3407 mills above the rolled -back rate of 3.1757 mills. This tentative proposed Ad Valorem Tax shall be levied upon the 2022 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, 2022 and ending September 30, 2023. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 0.0432 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This millage represents an increase of .0009 City of Cape Canaveral, Florida Resolution No. 2022-14 Page 1 above the rolled -back rate of .0423 mills. This tentative proposed Ad Valorem Tax shall be levied upon the 2022 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, 2022 and ending September 30, 2023. 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 19th day of July, 2022. ATTEST: Mia Goforth, CMC City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Wes Morrison, Mayor Name Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution No. 2022-14 Page 2 For Against CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 2 Subject: Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same. Department: Community and Economic Development Summary: At its May 17, 2022 Regular Meeting, Council postponed 2nd reading of Ordinance No. 04-2022 (Golf Cart Ordinance) until the completion of a traffic engineering study. To this end, Staff has secured a proposal from Kimley-Horn and Associates, Inc., for the proposed study (Attachment #1). The final report deliverables will include: 1. Memorandum of best practices for golf cart use on public roadways. 2. Golf Cart Network Map indicating roads suitable for golf cart use within the study area (Attachment #2). 3. Crossing Map of N. Atlantic Avenue/Astronaut Boulevard (S.R. A1A). 4. Implementation Recommendations. The Proposal fee is $28,500 with an anticipated completion date of December 31, 2022. The fee includes a presentation to the City Council as well as two (2) virtual meetings with Florida Department of Transportation staff to review recommendations and to discuss final recommendations regarding proposed crossings of S.R. A1A. Also included are two (2) meetings with City Staff; an initial kick-off meeting and a presentation of recommendations. The purpose of this study is to provide the Council with competent, substantial data in order to make informed decisions on the parameters of Ordinance No. 04-2022. Submitting Department Director: David Dickey Date: 7/8/22 Attachments: 1. Kimley-Horn and Associates, Inc. Proposal — June 2, 2022 2. Study Area Map Financial Impact: Staff time and effort to prepare this agenda item. $28,500 from the General Fund for the completion of the traffic engineering study. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/7/22 The City Manager recommends the City Council take the following actions: Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same. Approved by City Manager: Todd Morley Date: 7/8/22 Attachment 1 Kimley»>Horn June 2, 2022 Mr. Todd Morley City of Cape Canaveral City Manager P.O. Box 326 Cape Canaveral, FL 32920 Re: Proposal for Professional Services for City of Cape Canaveral Golf Cart Study Dear Mr. Morley: Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "the Consultant") is pleased to submit this Agreement (the "Agreement") to the City of Cape Canaveral (the "Client" or the "City") for providing professional services for the City of Cape Canaveral Golf Cart Study (Study), specifically with regards to those items identified in the following tasks. Our project understanding, scope of services, and fees are described below. Project Understanding 1. The City is considering adoption of a golf cart ordinance that will require City Council to identify which roads in the City are appropriate for golf cart use. 2. Florida Statute 316.212 addresses golf cart operation on public roadways. 3. The City has requested Kimley-Horn perform a planning study to determine the feasibility of, and limits of, the paved roadways within the City of Cape Canaveral that are suitable for golf cart access. Specific tasks are provided below following the understood, broad -based Project Goals. Project Goals: ■ Build upon the Presidential Streets Master Plan, utilizing it as the basis for the existing conditions for this area of the City as it relates to the Study. ■ Provide limited implementation and phasing strategies for proposed policies and projects related to golf cart operation on public roadways. ■ Identify key strategies and recommendations including best management practices for addressing the use of golf carts in the public right-of-way. Scope of Services Kimley-Horn will perform the following specific scope of services related to each Task. TASK 1.0 — KICKOFF AND MEETINGS 1.1 Project Kickoff Meeting and Staff Coordination kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. Todd Morley Page 2 Kimley-Horn will establish an initial project kickoff meeting with City Staff to review and discuss the study protocols, refinements to the project approach, schedule, and deliverables. It is understood that Kimley-Horn and the City will perform a site visit of the study area as part of this kickoff meeting. It is understood Kimley-Horn will attempt to schedule this meeting and the site visit as part of a scheduled review meeting of the Presidential Streets Master Plan. Kimley-Horn will coordinate and attend the following two (2) meetings with the City as part of this task, in addition to regularly scheduled project team meetings: • Initial staff kick-off meeting. • Presentation of recommendations to City staff. 1.2 Florida Department of Transportation (FDOT) Coordination This task includes preparation and virtual attendance at two (2) meetings with FDOT staff. The first will be to review initial recommendations and to discuss feasibility of the crossings of N. Atlantic Ave/A1A, and the second will be a follow-up meeting to review the final Study. City staff attendance is optional. TASK 2.0 — DATA REVIEW, PROPOSED NETWORK AND CROSSING LOCATIONS 2.1 Data Review Kimley-Horn will review background information including Florida Statutes related to golf carts (F.S. 316.212), as well as FDOT guidelines (Traffic Engineering Manual, Chapter 5). Kimley-Horn will provide a brief summary memorandum of best practices for golf cart use on public roadways, which will include best practices for golf carts crossing major roadways based on readily available data. 2.2 Golf Cart Network Map The City will provide GIS shapefiles showing City limits, roadway network (City, County, State) and capital programmed improvements in the area (City, County, FDOT) to Kimley-Horn. Kimley-Horn will use the provided GIS shapefiles to produce a map highlighting suitable roadways for golf cart use in terms of speed, volume, and character of motor vehicle traffic using the roadway, based on the criteria and best practices identified in 2.1. 2.3 Crossing Locations Map Kimley-Horn will use the provided GIS shapefiles to produce a separate map highlighting potential crossings of North Atlantic Ave/A1A. The Capital Improvement Plan (CIP) projects will be used to determine if there are intersection improvements that may potentially impact crossing improvements. Recommendations for crossing will be provided for up to four (4) locations (using aerials and pictures) and summarized with strengths/weaknesses for each recommended location. This information will be reviewed at the meetings with FDOT identified in Task 1. TASK 3.0 - STUDY REFINEMENT AND PROJECT DOCUMENTATION 3.1 Study Refinement and Document Preparation kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. Todd Morley Page 3 Following Task 2 and written comments provided by the City and FDOT, Kimley-Horn will refine the Golf Cart Network Map, Crossing Location Map, and corresponding Memorandum one (1) time. This assumes only minor refinements will need to be made to the documents generated during Task 2. The Study components will be combined into one coherent and concise document that is user- friendly and scalable for use by the City. Included in the report will be recommendations for implementation, including: • Recommended regulatory and non -regulatory signage. • Speed limit posting modifications. • Pavement marking modifications. • Crossing modifications. • Other roadway or roadside improvements necessary to allow golf cart access on the designated roadways. 3.2 Presentation The Consultant will compile the information from previous the tasks into a presentation. The Consultant will make one (1) presentation to the City Council and answer questions. The Consultant will provide PowerPoint content and templates to City staff. 3.3 Final Project Deliverables All documents will be submitted to the Client in digital format in their native format, in high - resolution .pdf format (for printing and publishing) and in low -resolution .pdf format (for posting on the Web). Consultant will use Microsoft Word and Adobe InDesign for reports, ArcGIS for maps, and Photoshop for images and plan drawings. All images will become the property of the City upon payment of the final invoice. Kimley-Horn maintains an interest in all files produced and reserves the right to use them for marketing purposes and related project work. Additional Services Any services not specifically provided for in the above scope of services, as well as any changes in the scope of services the Client requests, will be considered additional services and will be performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following: 1. Attendance at additional meetings and public hearings beyond those identified above. 2. Preparation of a draft ordinance. 3. Data Collection such as traffic counts (tube counts), turning movement counts, operational analysis. 4. FDOT Approvals, Design, Permitting, and Construction. 5. GIS database. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn 6. Opinion of planning costs. 7. Additional mapping or graphics not identified above. 8. Any services not specifically described in the above scope of services. Mr. Todd Morley Page 4 Information Provided by Client 1. We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. The Client shall provide all information requested by Kimley-Horn during the project, including but not limited to the following: All information necessary to perform our services to support this effort. 2. City GIS Data and Mapping necessary to support this effort. Project Schedule The schedule for the project tasks will be defined by mutual agreement with approval by the City's project manager. It is anticipated this project will be completed by December 30, 2022. Project Budget Kimley-Horn will perform the services in Tasks 1.0-3.0 for the total lump sum fee below. Individual task amounts are informational only. Any permitting, application, and similar project fees will be paid directly by the Client. TASK DESCRIPTION LUMP SUM FEE 1.0 Project Kickoff and Meetings $7,500 2.0 Data Review, Proposed Network and Crossing Locations $13,500 3.0 Study Refinement and Project Documentation $7,500 Total Lump Sum Fees $28,500 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Proposal shall include and be subject to, the Master Agreement for Engineering, Surveying, Architectural, Planning and Consulting Services dated June 6, 2011, which are incorporated by reference. As used in the Agreement, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Cape Canaveral. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley>»Horn Please email all invoices to invoices(7a cityofcapecanaveral.orq Mr. Todd Morley Page 5 Please copy t.morlev cr citvofcapecanaveral.orq If you want us to proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully -executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, M. Colleen McGue, AICP TS' B. Kelley Kleppe , AICP Senior Planner Vice President MGMIBKKlba (G:\Marketing\Prwpo$e,City of Cape Careverel\Goif Cart Study For Kelley to Review- AGRD6102022Dickey C a peCanaveralGolfCariStudy_CM_v2.docx j CITY OF CAPE CANAVERAL, A Municipality SIGNED: PRINTED NAME: TITLE: Client's Federal Tax ID: Client's Business License No.: Client's Street Address: Attachment - Standard Provisions Attachment— Request for information kirn ley -horn, corn 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley»>Horn Mr. Todd Morley Page 6 Request for Information Please return this information with your signed contract; failure to provide this information could result in delay in starting your project Client Identification Full, Legal Name of Client Mailing Address for Invoices Contact for Billing Inquiries Contact's Phone and e-mail Client is (check one) Owner Agent for Owner Unrelated to Owner Proaerty Identification Parcel 1 Parcel 2 Parcel 3 Parcel 4 Street Address County in which Property is Located Tax Assessor's Number(s) Property Owner Identification Owner 1 Owner 2 Owner 3 Owner 4 Owner(s) Name Owner(s) Mailing Address Owner's Phone No. Owner of Which Parcel #? Project Funding Identification — List Funding Sources for the Project Attach additional sheets if there are more than 4 parcels or more than 4 owners. kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 KIMLEY-HORN AND ASSOCIATES, INC. STANDARD PROVISIONS 1) Consultant's Scope of Services and Additional Services. The Consultant will perform only the services specifically described in this Agreement. If requested by the Client and agreed to by the Consultant, the Consultant will perform Additional Services, which shall be governed by these provisions. Unless otherwise agreed to in writing, the Client shall pay the Consultant for any Additional Services an amount based upon the Consultant's then -current hourly rates plus an amount to cover certain direct expenses including telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Other direct expenses will be billed at 1.15 times cost. 2) Client's Responsibilities. In addition to other responsibilities herein or imposed by law, the Client shall: a. Designate in writing a person to act as its representative, such person having complete authority to transmit instructions, receive information, and make or interpret the Client's decisions. b. Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project and all standards of development, design, or construction. c. Provide the Consultant all available studies, plans, or other documents pertaining to the project, such as surveys, engineering data, environmental information, etc., all of which the Consultant may rely upon. d. Arrange for access to the site and other property as required for the Consultant to provide its services. e. Review all documents or reports presented by the Consultant and communicate decisions pertaining thereto within a reasonable time so as not to delay the Consultant. f. Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary. g. Obtain any independent accounting, legal, insurance, cost estimating, and feasibility services required by Client. h. Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the Consultants services or any defect or noncompliance in any aspect of the project. 3) Period of Services. Unless otherwise stated herein, the Consultant will begin work after receipt of a properly executed copy of this Agreement. This Agreement assumes conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months, Consultant's compensation shall be renegotiated. 4) Method of Payment. Client shall pay Consultant as follows: a. Invoices will be submitted periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay any applicable sales tax. All retainers will be held by the Consultant and applied against the final invoice. Interest will be added to accounts not paid within 25 days at the maximum rate allowed by law. If the Client fails to make any payment due under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services and withhold deliverables until all amounts due are paid. b. If the Client relies on payment or proceeds from a third party to pay Consultant and Client does not pay Consultant's invoice within 60 days of receipt, Consultant may communicate directly with such third party to secure payment. c. If the Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. If the Client objects to only a portion of the invoice, payment for all other portions remains due. d. If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultants normal hourly billing rates, of the time devoted to such proceedings by its employees. e. The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. 5) Use of Documents. All documents and data prepared by the Consultant are related exclusively to the services described in this Agreement and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use or reuse by the Client or others on extensions of this project or on any other project. Any modifications by the Client to any of the Consultant's documents, or any reuse of the documents without written authorization by the Consultant will be at the Clients sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. The Consultant's electronic files and source code remain the property of the Consultant and shall be provided to the Rev 12/2021 7 Client only if expressly provided for in this Agreement. Any electronic files not containing an electronic seal are provided only for the convenience of the Client and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. 6) Intellectual Property. Consultant may use or develop its proprietary software, patents, copyrights, trademarks, trade secrets, and other intellectual property owned by Consultant or its affiliates ("Intellectual Property") in the performance of this Agreement. Unless explicitly agreed to in writing by both parties to the contrary, Consultant maintains all interest in and ownership of its Intellectual Property and conveys no interest, ownership, license to use, or any other rights in the Intellectual Property to Client. Any enhancements of Intellectual Property made during the performance of this Agreement are solely owned by Consultant and its affiliates. 7) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to the costs of construction and materials, are made solely based on its judgment as a professional familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. 8) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof, or upon thirty days' written notice for the convenience of the terminating party. The Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. 9) Standard of Care. The standard of care applicable to Consultant's services will be the degree of care and skill ordinarily exercised by consultants performing the same or similar services in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultants performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. 10) LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to the Client and the Consultant, the risks are allocated such that, to the fullest extent allowed by law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of or in any way related to the services under this Agreement from any causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. This Section is intended solely to limit the remedies available to the Client or those claiming by or through the Client, and nothing in this Section shall require the Client to indemnify the Consultant. 11) Mutual Waiver of Consequential Damages. In no event shall either party be liable to the other for any consequential, incidental, punitive, or indirect damages including but not limited to loss of income or loss of profits. 12) Construction Costs. Under no circumstances shall the Consultant be liable for extra costs or other consequences due to unknown conditions or related to the failure of contractors to perform work in accordance with the plans and specifications. Consultant shall have no liability whatsoever for any costs arising out of the Client's decision to obtain bids or proceed with construction before the Consultant has issued final, fully approved plans and specifications. The Client acknowledges that all preliminary plans are subject to substantial revision until plans are fully approved and all permits obtained. 13) Certifications. All requests for the Consultant to execute certificates, lender consents, or other third -party reliance letters must be submitted to the Consultant at least 14 days prior to the requested date of execution. The Consultant shall not be required to execute certificates, consents, or third -party reliance letters that are inaccurate, that relate to facts of which the Consultant does not have actual knowledge, or that would cause the Consultant to violate applicable rules of professional responsibility. 14) Dispute Resolution. All claims arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the American Arbitration Association as a condition precedent to litigation. Rev 12/2021 8 15) Hazardous Substances and Conditions. Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediatorwith respect to hazardous substances and conditions. Consultant's services will be limited to analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. The Consultant will notify the Client of unanticipated hazardous substances or conditions of which the Consultant actually becomes aware. The Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. 16) Construction Phase Services. a. If the Consultant prepares construction documents and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. b. The Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultants visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. c. The Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. 17) No Third -Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant, without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed -upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. 18) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. 19) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Florida. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements, or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. If Client requires Consultant to register with or use an online vendor portal for payment or any other purpose, any terms included in the registration or use of the online vendor portal that are inconsistent or in addition to these terms shall be void and shall have no effect on Consultant or this Agreement. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. (20) PURSUANT TO FS 558.0035, EMPLOYEES OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM NEGLIGENCE UNDER THIS AGREEMENT. Rev 12/2021 9 City of Cape Canaveral Roadways (2019) Attachment 2 ,r- dirMer al *City Mainta ns CI oil Cuhccr. Dr Port Conavet&E c 0 E O U AtiantrAtlantis Rd Villan'ova.Dr e Challenger,Rd Casa Bella Dr Thurm•Blvd Manatee Bay Dr La 7.1 Ocean Park Ln �'H0mesSouthgateMobile South`gnu �ratee•Mobile-Hom •AnchorageTAv'.vs 4,re. Homes Oak Ln *City Maintains Columbia,Dr C urchrLn --International Dr 1Majestic'BayrAve •-r= c'o� Carver•Dr,N.- •63, S Carver DR ,--Ri:.Justamere•Rd11 •Riverside'Dr-Ar•f (Hitching lPost Rd'+. nl eh •v ARichierAve Center St —Cocoa•Palms•Avet Rattan•Ave� Sago Cir- Saba) Ave Cape Cape fShore-Dr60,1 Aquarius oUu Llr - Jackson•Ave l"Irxzetolpher oturnbus Apr George J King Blvd Gaur•a K Shorewood .Dr Tin Roof Ave SeaportBlvd E Central Blvd 0 U Oi �oi��a m�ee •Co'r 0:CO� Ca a a `indsey£t—•Sailfish•Ave-.,� 1. �� °1 T .� 1 Q Gr lad! iELY,Q U e/ 9-ZCherieLDown•L Chandler St m IS JAY Park.. ni Carrbe-Dr Shorewood •D Caroline St Washiington•Ave— —Adams•Ave--- Jefferson Aver¢ I � Madison•Ave� Monroe•Ave Harison•Ave QTyler Ave • U-POIk,Ave Taylor Ave Fillmore•Ave *City Maintains LLU Holman•Rd� PraeturiusLn' " shcparr. .=r 5 Pie rce•Ave Buch anan•Ave• Lincoln•Ave� Johnson,Ave— M GrantAve Hayes Ave Garfield Avev,e Arth ur Ave, Cleveland Ave,, McKinley Ave- Roosevelt Ave. - Taft Ave Mende Awe aources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User Community Surf. Dr Jackson•Ave, J Soaoe50C Solana Shores Dr" `'� oo,d `off Shorewood o0 �'-°-Dr O� 0) a)U Mystic Tropic Beach -Dr *City Maintains Legend Unnamed - Avon -by -the -Sea - City of Cape Canaveral FDOT Misc — Private - Port Canaveral - Other City of Cape Canaveral Road Names CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 3 Subject: Rising Rents Department: City Council Summary: Renters are getting increases without sufficient notice. In Cape Canaveral, some rents have increased significantly in the past few months. I would like to consider an ordinance similar to what the city of Cocoa has proposed to require landlords to give a 60-day notice on rent increases more than 5% on annual leases and a 30-day notice on month -to -month leases. High rents are all over the U.S. due to inflation and higher property values. The Homeless population is increasing. We have families living in cars with children and pets. At St. Vincent DePaul, we have witnessed this problem first hand on many occasions. Submitting Council Member: Angela Raymond 6 /77-lt' Date: 6/7/22 Attachments: None. ITEM # 4 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday June 21, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:06 p.m. Council Member Raymond led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Human Resources/Risk Management Director Leisure Services/Community Affairs Director Public Works Services Director Projects/Parks Administrator Lead Maintenance Specialist/City Arborist Deputy City Clerk Executive Assistant to the City Manager/Office Manager Brevard County Sheriff's Office Lieutenant Brevard County Sheriff's Office Sergeant Brevard County Sheriff's Deputy Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Melinda Huser Molly Thomas Jim Moore Gustavo Vergara Tim Davis Daniel LeFever Lisa Day Scott Molyneaux Jason Knepp Joshua Chamberlain PUBLIC PARTICIPATION: John Bond, property and business owner, discussed property blight and support for fast -tracking mixed -use zoning in the City. Bill Hodge, property owner, discussed opposition to the Florida Department of Transportation (FDOT) State Road (SR) A1A Roundabout Project in the City, support for Council to vote on the matter, and requested a non -biased survey. Mayor Morrison requested a progress update, including any workshops, between now and the next City Council Meeting from Staff. City Manager Morley confirmed Staff will request the information from FDOT. John Benton discussed a request for a code reduction hearing. Patrick Campbell, resident, requested information related to the outcomes of meetings between the FDOT and local condominium and homeowner associations related to the SR A1A Roundabout City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 21, 2022 Minutes • Page 2 of 6 Project, what the City will do to take the pulse of the rest of the City regarding the Roundabout, and inquired if the City will develop a position on the matter. Mayor Morrison reminded Mr. Campbell that Council requested an update at the next City Council Meeting. CONSENT AGENDA: Council Member Willis removed Item 2. Mayor Pro Tem Kellum removed Item 6. 1. Approve the May 17, 2022 Regular City Council Meeting Minutes. 2. Approve the City Council's March 30, 2022 Strategic Planning Retreat and April 21, 2022 Workshop Meeting Minutes. 3. Appoint Resilience Engineering Services Manager Lexi Miller as the City's Representative on the Space Coast Transportation Planning Organization Technical Advisory Committee. 4. Award Bid for rehabilitation of Lift Station No. 5 to Hinterland Group in the amount of $473,880 and authorize City Manager to execute Construction Agreement for same. 5. Approve the 2022 City Council Regular and Budget Meeting Schedule, as amended. 6. Approve removal of Specimen Oak Tree from Canaveral City Park and approve mitigation plan at a ratio of one-to-one. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Consent Agenda Items 1, 3, 4 and 5. The motion carried 5-0. #2 Discussion ensued regarding the March 30, 2022 Strategic Planning Retreat Meeting Minutes page 4 of 6, under Review of Future Goals & Projects by Department, and thanks to Capital Projects Staff for efforts to gain an exemption through the Florida Department of Environmental Protection which saved the City from spending $14M on a Deep Injection Well project. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Item 2. The motion carried 5-0. #6 Discussion ensued and included details regarding the reason for removal of the Specimen Oak Tree from Canaveral City Park, Allen Engineering Letter of Intent and the error made by not removing the tree prior to construction, City Arborist assessment of the tree, examples of Oak Trees buckling pedways at Manatee Sanctuary Park, and daily clean-up and water quality impacts to the Splash Pad should the tree remain where it is. City Manager Morley discussed regret over the possibility of losing the tree, and took responsibility for the Item. Discussion continued regarding lessons learned, desire to explore saving the tree, possible installation of an underground structure to make the roots turn or other alternatives. Morgan Hamby, resident, discussed favor for saving the tree. Brad Pervell, resident, discussed the prior successful effort to save the trees on the East side of the Park, and suggested outlining the baseball outfield with Crepe Myrtles. Ginny Dirschka, property owner, discussed the resilience of Oak trees and suggested giving the tree a chance to survive before removing it. Lead Maintenance Specialist/City Arborist Tim Davis discussed the Oak tree's chances of survival, root damage, how the roots of the tree are spread over/under the area of the Splash Pad, and how salt and soil composition effect trees such as the twenty-five year old Oaks at Cape View Elementary, which are much smaller in diameter than this Oak tree. Discussion continued regarding removing versus saving the tree, unknown impacts of cost for implementing an underground root barrier, unknown long-term repair costs to the Splash Pad if the tree stays, safety prioritization, and investment in larger replacement trees. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to let Staff investigate costs for saving the Oak tree and bring the Item back to Council if needed. Discussion ensued regarding how the Splash Pad would not be City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 21, 2022 Minutes • Page 3 of 6 delayed either way, and the multiple interpretations and added details to Mayor Pro Tem Kellum's original motion. Mayor Pro Tem Kellum agreed to allow Mayor Morrison to re -state the original motion. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to explore alternatives to save the tree, allow the City Manager to make the decision, whether to save or remove it, and communicate that decision to Council. Mayor Morrison explained Council is trying to give City Manager Morley the ability to move quickly without having to bring the Item back to Council. Mr. Pervell expressed confidence the City will make the right decision either way, and requested the six replacement trees to be planted in Canaveral City Park. City Manager Morley stated Mr. Pervell's idea to place trees along the outfield is a great idea. Projects/Parks Administrator Vergara indicated landscaping at the Park is not finished and more trees will be planted. Arlyn DeBlauw, resident, inquired about holding the contractor responsible. City Manager Morley explained how that argument would be very hard to make due to the Construction/Manager At -Risk Contract in place, which means that the City would end up paying for it anyway. The motion carried 5-0. PUBLIC HEARING: 7. Ordinance No. 05-2022; providing for a Referendum and Ballot Language for the November 8, 2022 General Election or an election scheduled thereafter; proposing to amend Section 2.02 of the City Charter regarding eligibility to serve on the City Council to provide that City Council Members must be domiciled within the City of Cape Canaveral at least one (1) year immediately prior to qualifying and must remain domiciled within the City of Cape Canaveral during their term in office or forfeit their office; providing for a notice of the City of Cape Canaveral Charter Referendum Question; providing for coordination with the Supervisor of Elections; providing for administration of the Referendum by the City Clerk and City Manager; providing for severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Patrick Campbell, resident, inquired if this action would solve the problem regarding the clerical error contained in last year's Candidate Packet that indicated those running for City Council, must be a resident for one year in the City. City Attorney Garganese confirmed that the amendment incorporating this provision of a one (1) year domicile requirement in the City Charter would solve that problem. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 05-2022, at second reading. The motion carried 5-0. 8. Based on the May 5, 2022 City of Cape Canaveral Wastewater Revenue Sufficiency Analysis completed by Raftelis Financial Consultants, Inc., the following action is recommended by City Staff: Resolution No. 2022-13; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for Fiscal Years 2022/2023 through 2026/2027; providing for the repeal of prior inconsistent resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date: Mayor Morrison read the title into the record. City Manager Morley explained the purpose of the Item and how the action is taken every five years with exception to last year due to the COVID-19 Pandemic. Discussion ensued and included the purpose of using a resolution versus an ordinance to adopt the Fee Schedule, provisions in both the City Charter and Code for use of either resolution or ordinance, City Attorney Garganese' prepared Draft Ordinance should Council decide to use it out of an abundance of caution, the City's history of using a resolution to revise the City's Sanitary Sewer Service Fee, providing the public two hearings instead of one, the rate increase would be effective October 1, 2022, how rate studies and increases are critical to keep pace with City's operations, City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 21, 2022 Minutes • Page 4 of 6 and desire to adopt by resolution. Council reached consensus to take action by Ordinance. City Attorney Garganese read the title of Draft Ordinance No. XX-2022 (attached) into the record, indicating an ordinance number would be assigned for second reading. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Draft Ordinance No. XX-2022, as written, at first reading. The Public Hearing was opened. Brad Pervell, resident, discussed the need to increase prices, and suggested charging short-term rental properties to offset rates for citizens. Shannon Roberts, resident, discussed concerns regarding cost of living and manageability of the Sewer Rate increases, and suggested the City consider alternative ways to obtain funding to offset the costs for residents. The Public Hearing was closed. Raftelis Financial Consultants, Inc. Manager Joe Williams discussed the Study, this type of increase will happen due to the City being built out, potential cost savings in the latter years, and how a number of utilities have adjustments connected to the Consumer Price Index. Discussion ensued and included comparisons with local/coastal cities, impracticality of annual studies, study cost of $18,000, chemical costs increasing, comparing data next year, how the non-proprietary study model can be adjusted, concern over passing things five years out, and desire to cut costs due to potential economic crises. Administrative/Financial Services Director DeLeo discussed the positive financial outlook for the City including low interest rate loans, less future debt and the Presidential Streets Project funding through the Community Redevelopment Agency budget along with matching funds from Brevard County. Discussion ensued and included the use of American Rescue Plan Act funds, the City's sewer usage structure connected to the City of Cocoa water usage and sewer, and support for using the Study to make adjustments annually. City Attorney Garganese discussed the procedural requirements for sewer rate change notices to be placed in the water bill. Administrative/Financial Services Director DeLeo discussed how, if Council chooses to do it annually, the analysis would be done each May prior to the Proposed Budget in June, and the City must notify the City of Cocoa of any changes sixty days prior. City Manager Morley suggested Council could make an amendment to the motion to add a provision to Ordinance XX-2022, at second reading, which allows for the annual review in the month of May each year for the next four years. Mayor Pro Tem Kellum agreed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to amend the main motion, to do a yearly review in May. The motion carried 5-0. Discussion ensued regarding the main motion on the floor. The main motion carried 3-2, with Mayor Morrison and Council Member Willis voting against. Mayor Morrison recessed the meeting at 8:30 p.m. The meeting reconvened at 8:41 p.m. ITEM FOR ACTION: 9. Review and approve March 30, 2022 Strategic Planning Retreat Minutes, Workshop Minutes and Draft Summary Report; authorizing/finalizing revisions to Mission, Vision and Values Statements and possible revisions/updates; adopt Report setting short, intermediate and long-term strategic goals beginning Fiscal Year 2022/23: City Manager Morley thanked Strategic Government Resources Consultant Doug Thomas for providing the Report. Mr. Thomas made a presentation to Council. City Manager Morley clarified how the Mission Statement has already been adopted as part of the City's Strategic Planning, but the final Report and the Vision Statement are what Council is considering. Discussion ensued and included accepting the Report, waiting to approve the Vision Statement, circulation of the Vision Statement for feedback from the community, the City's 60th Anniversary in 2022, and making modifications to the Vision Statement. Council reached consensus to bring the Vision Statement back to Council for consideration at the October 2022 Regular City Council Meeting. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept the draft Report. Shannon Roberts, resident, discussed concerns regarding the issue of safety missing in the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 21, 2022 Minutes • Page 5 of 6 Visioning, connecting the Budget to implementation planning for actionable items that came out of the Strategic Planning, and the balance of private property rights with the Vision of the residents. Discussion ensued and included the Budget and Capital Improvement Planning process. City Manager Morley stated that the Development Review, Planning and Zoning and other Advisory Boards will access the Re -Visioning Project Report to ensure the connection to implementation and planning is made. Mr. Thomas discussed the connection between the Strategic Plan Pillars, Statements, and implementation, indicating that the Plan can take three to four years to come together. The motion carried 5-0. 10. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager Todd Morley: Human Resources/Risk Management Director Huser discussed the evaluation process, the pay analysis based on data retrieved from other cities not including allowances or benefits, and the recommended increase in order to remain competitive with other municipalities. Discussion ensued and included years of experience as a variable, City Manager Morley having been with the City since 2002, similar size cities, population variables, City Manager Morley's current salary, monthly automobile allowance and other incentives, splitting the raise in half and revisit in six months, and how much of an increase in pay City Manager Morley should receive. Administrative/Financial Services Director DeLeo suggested Council vote on either a percentage or an hourly rate plus the automobile allowance. Discussion continued regarding percentage pay options for the City Manager, City Manager versus City Staff pay and retention, excellent performance of the City Manager and Staff, concerns regarding the Budget overall, the proposed 2022/2023 FY Budget which includes a three -percent merit increase, an internal cost of living increase and an annual wage adjustment to offset the impacts of the Florida minimum wage laws which will keep the City competitive with other municipalities, and City Manager Morley's direction to Staff to ensure all City employees receive equitable pay. A motion was made by Council Member Raymond, seconded by Council Member Davis, for an 11% raise increase for City Manager Todd Morley. Discussion ensued regarding amending the City Manager Contract to reflect the increase, how Council should vote on the measure, with an effective date being today. The motion carried 4-1, with Mayor Morrison voting against. City Manager Morley thanked Council. 11. Designate one (1) City Official to be the Voting Delegate at the Florida League of Cities 2022 Annual Conference scheduled for August 11-13, 2022 in Hollywood, Florida and decide if it wishes to propose resolution(s) for the League's consideration: A motion was made by Council Member Davis, seconded by Mayor Pro Tem Kellum, designating Angela Raymond to serve. Mayor Morrison inquired if Council Member Raymond would serve, to which Council Member Raymond responded in the affirmative. The motion carried 5-0. 12. Approve Proposals from OVIVO USA, LLC/TSC-Jacobs North in the amount of $1,430,153 for the in -kind replacement of two clarifiers at the Water Reclamation Facility, and a 15% contingency of $214,522.95 for any necessary inspection/repair services required by CROM for the clarifier tanks, and authorize the City Manager to execute the Equipment Purchase Agreement with OVIVO and Equipment Installation Agreement with TSC-Jacobs North: Mayor Morrison requested City Attorney Garganese' opinion on whether the City satisfied the requirements for sole -source for the Agenda Item. City Attorney Garganese discussed the City Attorney's Guidance provided in the Agenda Item for Council to consider including the technical basis for determining the reasons for use of sole -source which Staff recommends for in -kind replacement of two clarifiers versus going out for Bid, the City's plan to use American Rescue Plan Act (ARPA) funds to pay for the Project prompting his advice to follow the federal sole -source City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • June 21, 2022 Minutes • Page 6 of 6 purchasing rules as a guide, and encouraged Council to listen to the technical experts on Staff. A motion was made by Council Member Willis, seconded by Council Member Davis, to extend the Meeting fifteen minutes. The motion carried 5-0. Mayor Morrison opened public comment. Patrick Campbell, resident, discussed two emails (attached) sent to Staff and Council regarding the Item, his public records request for which he was provided an estimate of fees not yet paid for, concern the City has not met criteria for sole -source based upon reasons included in the email sent to Council and Staff at 5:41 p.m. on June 21, 2022, a federal watchdog group, and his intent to file a complaint against the City which would prevent the City from moving forward with the Project. Discussion ensued and included concerns over Staff safety while having to work with the clarifier system as it is now, the $4,000/month maintenance costs, and desire to move forward with Staffs proposal. Public Works Services Director Moore confirmed the broken arm of the clarifier is an emergency, places the City at risk for being out of compliance with Florida Department of Environmental Protection and explained why. Discussion ensued regarding justification for using ARPA funds and the requirements related to sole -source versus competitive bid on the local, state and federal levels. Mayor Morrison read directly from Patrick Campbell's email attachment sent to Council and Staff at 5:41 p.m. Discussion continue regarding differences between the May and June Agenda Items, whether the Item meets the criteria, delaying could result in a failure of the clarifiers, Public Works Services Director Moore's decades of experience in working on wastewater plants, and the City citizens desire to fix infrastructure. City Attorney Garganese recommended the City competitively bid the Project based upon the record from this and last month's City Council Meetings, stated he has not seen any email from Mr. Campbell, and urged Council to not delay the action due to the fact the system is falling apart. Discussion ensued on the costs, the necessity to replace the clarifiers, and the potential cost of being out of compliance could be approximately $7M dollars. Administrative/Financial Services Director DeLeo stated he would verify the use of ARPA funds. City Attorney Garganese advised Council that the competitive bid process is an administrative function and will not go to Council. Council reached consensus to take no action on the Item. 13. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same: Council reached consensus to bring the Item back at the July Regular City Council Meeting under Old Business. ITEM FOR DISCUSSION: 14. Rising Rents. (Submitted by Council Member Raymond): Council reached consensus to bring the Item back at the July Regular City Council Meeting under Old Business. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:57 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting ORDINANCE NO. -2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE CITY'S SANITARY SEWER SERVICE FEE SCHEDULE IN ACCORDANCE WITH ARTICLE III OF CHAPTER 78 OF THE CITY CODE FOR CITY FISCAL YEARS 2022/2023 THROUGH 2026/2027; PROVIDING FOR RATIFICATION OF SEWER RATES FOR SEWER CUSTOMERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO APPENDIX B, SCHEDULE OF FEES; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law, and WHEREAS, Article II of Chapter 78 of the Cape Canaveral Code of Ordinances establishes the City's sanitary sewer system; and WHEREAS, Article III of Chapter 78 establishes the service rates, deposits and billing procedures for the City's sanitary sewer customers; and WHEREAS, section 180.13(2), Florida Statutes, provides that the City Council may establish just and equitable rates or charges to be paid to the City for the use of utilities by each person, firm or corporation whose premises are served thereby; and WHEREAS, section 78-152 of the Code of Ordinances requires that all revisions to sanitary sewer rates be approved by the City Council; and WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate Study dated May 2022 ("the Study"), which includes findings, conclusions, recommendations and supporting analyses related to the City's sanitary sewer rates; and WHEREAS, based on the recommendations of the Study, the City Council desires to revise the fees and charges related to its sanitary sewer system; and WHEREAS, after careful consideration and deliberation, and after considering the Study, the City Council deems it is in the best interests of the public health, safety and welfare of its citizens to update and revise the City's sanitary sewer system rates and charges as set forth herein, which rates are hereby found to be just and equitable. NOW, THEREFORE, BE IT DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference as a material part of this Ordinance. City of Cape Canaveral Ordinance No. -2022 Page 1 of 4 Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting Section 2. Amendment to Appendix B, Schedule of Fees, Related to Sanitary Sewer Service Rates. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the Cape Canaveral Code of Ordinances, Appendix B, Schedule of Fees (underlined type indicates additions to and strikethrough type indicates deletions from the existing text in Appendix B): APPENDIX B — SCHEDULE OF FEES CHAPTER 78. UTILITIES *** Article 111. Service Rates, Deposits and Billing Procedures (b) Schedule of fees. *** (B) Schedule of Rates: 2016/17 2017/18 2018/19 2019/20 2020/2021 2022/23 2023/24 2024/25 2025/26 2026/27 Customer Charge per Bill All Classes $2.50 $2.69 $2.83 $2.98 $3.06 Readiness to Serve Charge per ERU Single -Family Commercial $19.15 $21.07 $22.66 $23.80 $24.99 $25.62 $23.95 $26.35 $28.33 $30.75 .36 $31.24 $32.03 City of Cape Canaveral Ordinance No. -2022 Page 2 of 4 Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting Public Buildings 6 $19.15 $21.07 $22.66 $23.80 $24.99 $25.62 User Rate per 1,000 gallons Single -Family Commercial Public Buildings $6.88 $7.40 $7.77 $8.16 $8.37 4 a 69 $8.57 $9.22 $9.69 $10.18 $10.44 5-9 $6.88 $7.40 $7.77 $8.16 $8.37 Sewer Flat Rate Multifamily Per residential unit $32.82 $36.11 $38.82 $40.77 $42.81 $43.89 Section 3. Incorporation into Appendix B, Schedule of Fees. The fee schedule set forth in this Ordinance shall be incorporated into Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances and any section, paragraph number, letter or heading in Appendix B may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code, may be freely made. Section 4. Ratification of Previous Rates; Repeal of Prior Inconsistent Ordinances and Resolutions. All prior sewer rates and charges amended herein are hereby ratified as duly adopted and imposed. In addition, all prior inconsistent ordinances and resolutions adopted by the City Council, or prior ordinances or 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 Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. -2022 Page 3 of 4 Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. The rates established under this Ordinance for City fiscal year 2022/2023 shall be deemed effective on October 1, 2022. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this day of , 2022. 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 First Reading: June 21, 2022 Advertisement: Final Reading: Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Ordinance No. -2022 Page 4 of 4 Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting From: Patrick CFL To: City Clerk Cc: Todd Morley; Wes Morrison Subject: Public comment council meeting 6/21/2033 Date: Tuesday, June 21, 2022 11:03:41 AM Warning -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org I would like to speak on line to the Ovivo sole source agenda item. I am opposed to sole source and that the City has not met the requirements to use sole source for this project. Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting Mia Goforth From: Patrick Campbell <patrickcampbell@cfl.rr.com> Sent: Tuesday, June 21, 2022 5:41 PM To: Wes Morrison; Mickie Kellum; Don Willis; Angela Raymond; Kim Davis; Todd Morley Cc: Mia Goforth Subject: Citizen Complaint, Sole Source, clarifies at the WWTP 6/21/2022 Attachments: Sole Source Complaint to the City of Cape Canaveral.pdf -This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org Please include this as public record for the 6/21/2022 City Council meeting. I will reference this document in my public comments. Patrick Campbell 307 Surf Drive Cape Canaveral, FL 32920 Virus -free. www.avast.com Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing. i Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting Mr. Mayor, Please consider this a formal complaint concerning my objection to the attempt to sole source work to Ovivo, clarifiers at the Waste Water Treatment Plant. First, the use of sole -source is intended to be rare and infrequent, not routine and predominate. All of the laws and regulations are in place to discourage sole sourcing and reduce the too frequent manifestation of favoritism, fraud, and corruption that competitive bidding seeks to prevent and sole sourcing can facilitate. I believe in this case and possibly others, the City is abusing the sole source criteria. My feelings on this particular push to sole source work to Ovivo has indicators of a "catch me if you can" tactic by City management to first, just blow it by the Council with the assumption that the majority would feel as Council Member Angela Raymond articulated, generally trust the City Staff and no need to ask any questions of process. Thank you, Mr. Mayor, for your focus on not just the process, but the foundation of the City Manager/Council form of municipal government adopted by the people of Cape Canaveral in our Charter. The City must cease this practice of avoiding the rigor of the procurement process and then, when questioned, put a story together. The amount of work that went into back in to an answer should have been applied to being compliant. I intend to file a complaint through the Federal Hotline link below, and I suggest the City Council make a motion and seek an independent audit of the City procurement processes. https://www.pandemicoversight.gov Supporting my point that the city is retroactively backing into a justification for sole source, I offer the following facts: • The change in words from the original agenda summary sheet written by the City Staff which used the word "rehabilitation" and the new summary sheet no longer uses that word. Instead, it uses "in -kind replacement" or omits the use of the word "rehab" or "rehabilitation" entirely. • Lack of explanation for these cardinal changes in the between the May and June agendas including the injection of "in -kind replacement" in the description • The Ovivo Proposal did not use the word "rehabilitation" for the project. It used the word "replacement" which conflicts with the city documents. • The new proposal from Ovivo removed the project on the cover page and the use of the word "replacement" as well as other changes in the proposal such as the "Buy American Requirements." • The injection of a Sole Supplier letter in the proposal from Ovivo. • The lack of explanation, relevance or demonstration of understanding for the conflicting reference to Ovivo's Sole Supplier letter and the City's reference as Sole Source letter • Unsubstantiated and biased reference that it will cost two times as much or take much longer for someone else to do it. When Staff was asked by the Mayor, they stated that no information/data was ever gathered to support these claims. No written justification was provided in the original proposal and agenda item. Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting • The original proposal from Ovivo was changed in several sections compared to the new proposal with no explanation. For example, the DELIVERY section on the proposal stated that Ovivo needed the city (Purchaser) to submit drawings. However, the new proposal states that Ovivo (Seller) will submit drawings. • The after the fact request for City Attorney for guidance. • The after the fact request to Tetra Tech for a Technical Memorandum The failure of the City to demonstrate and meet the procurement requirements for the use of ARPA funds including Sole Source in the utilization of ARPA funds, defined in the CFR. When local jurisdiction uses federal funds to pay for supplies or services. • Federal regulations require a local jurisdiction to apply state and local procurement laws for federally funded procurements, provided that the procurements also conform to federal law and regulations. See 2 C.F.R. § 200.317-318. • Federal procurement laws and regulations typically require that the City use a fair, open and competitive process, see, e.g., 2 C.F.R. § 200.319-320 which describes the competitive processes required for procurements made with federal funds. From the Department of Treasury • Procurement, Suspension & Debarment. Recipients are responsible for ensuring that any procurement using SLFRF funds, or payments under procurement contracts using such funds, are consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through 2 CFR 200.327, as applicable. The Uniform Guidance establishes in 2 CFR 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in 2 CFR 200.320, which allows for non-competitive procurements only in certain circumstances. • Recipients must have and use documented procurement procedures that are consistent with the standards outlined in 2 CFR Coronavirus State and Local Fiscal Recovery Funds Compliance and Reporting Guidance 10 200.317 through 2 CFR 200.320. The Uniform Guidance, pursuant to 2 CFR 180, requires an infrastructure for competitive bidding and contractor oversight, including maintaining written standards of conduct and prohibitions on dealing with suspended or debarred parties. Your organization must ensure adherence to all applicable local, State, and federal procurement laws and regulations. Methods of procurement to be followed from the ARPA Noncompetitive procurement. There are specific circumstances in which noncompetitive procurement can be used. Noncompetitive procurement can only be awarded if one or more of the following circumstances apply: (1) The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro -purchase threshold (see paragraph (a)(1) of this section); (2) The item is available only from a single source; Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting (3) The public exigency or emergency for the requirement will not permit a delay resulting from publicizing a competitive solicitation; (4) The Federal awarding agency or pass -through entity expressly authorizes a noncompetitive procurement in response to a written request from the non -Federal entity; or (5) After solicitation of a number of sources, competition is determined inadequate. Rather than evaluate the specific CFR requirement for ARPS funds, the city provided a Competition in Contracting Act ( CICA)(41U. S. C. 253) reference, adding misdirection, unnecessary, irrelevant and confusing complexity. 4. Because the City is planning to use federal ARPA funds to pay for the project and there is very little legal authority in Florida regarding the use of sole -source by municipalities, it would be instructive and perhaps advisable to use federal sole -source purchasing rules as a guide to support a sole —source purchase. For example, the Competition in Contracting Act ( CICA)(41 U. S. C. 253) was passed into law in 1984 by Congress as a foundation for the Federal Acquisition Regulation ( FAR) and to foster competition and reduce costs for government contracts. FAR 6. 302. 1, which is titled " Only one responsible source and no other supplies or services will satisfy agency requirements," provides a number of justifications for sole source acquisitions. For example, the following justifications among others, may be relevant here: 1. The source has previously developed or produced a major system or highly specialized equipment (or major components), and award to any other source would likely create either: A. Substantial duplication of cost that the government could not expect to recover through competition; or B. Unacceptable delays in meeting agency requirements; OR 11. The source provides the only products that are compatible or interchangeable with existing equipment; OR 111. The source is the only supplier whose product or service does not create unacceptable technical risks; OR IV. The source provides unique supplies or services for the agency' s minimum needs; OR V. The source is the only vendor available because the agency lacks sufficient information in time to develop technical specifications for a competitive procurement; OR VI. The source has rights in data, patents, or secret processes, or the control of basic raw materials, such that the supplies or services are available only from that source. The systems in question, the clarifiers, have been in use for years and should be well understood by now, they are not technically complex or unique. A Sole Source procurement is one in which only one vendor can supply the commodities, technology and/or perform the services required by an agency. Procurement by this method must be documented by an explanation of: (i) the unique nature of the requirement; Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting (ii) the basis upon which it was determined that there is only one known vendor able to meet the need, i.e., the steps taken to identify potential competitors; and (iii) the basis upon which the agency determined the cost to be reasonable, i.e., a "fair market price" that could be anticipated had normal competitive conditions existed, and how that conclusion was reached. There are many suppliers of this kind of service including complete retrofits, parts and materials. The City contends Ovivo must be used because they own the original drawings and specifications. It seems to me that someone must have been furnished the requirements for the clarifiers to be installed in the first place. I will also add that if the City is not requiring operations manuals, as built drawings, maintenance plans and spare parts recommendations on system turn -over, there are additional issues that need to be looked into. A great deal of time was spent in the May meeting tossing around an illogical attempt at explaining the Sole Source to Ovivo using cars and engine blocks. I will continue that theme with a relevant Sole Source example using engines: The United States Coast Guard tried to justify sole -sourcing of the engine for its standard lifeboats on the fact that the boats had been designed for the particular engine. For any other engine, the lifeboats would have to be redesigned, and the lack of standardization among them would increase maintenance expenses. In 5 Comptroller General 963, 1926 U. S. Comp. Gen. LEXIS 254 (Jun. 7, 1926), these arguments were rejected. The Comptroller General explained: The facts of record do not disclose ... that the particular engines ... are the only engines that will in fact answer the purposes for which they are required.... [E]xperience with a particular engine does not justify excluding bidders offering other makes of engines. Such a course would result in establishing permanently but one make of machinery or equipment without giving trial to possible improvements through other makes.... [W]hat is needed is not an engine of a particular make but an engine that will meet certain performance requirements of the United States Coast Guard Service.... [I]n the purchase of such equipment, bids should be requested on specifications drawn not by designation of a particular make, nor to cover mechanical construction of the engine, but to show the dimensions of the boat, the space available for installation, the conditions under which it is to be operated, and the performance requirements necessary to meet the needs of the Government, etc... . Meeting the City's requirements for the function of the clarifiers does not include a requirement that the material, sub -systems components, parts and configuration be Ovivo. For the June meeting the City is now claiming sole source because the time to develop specifications and solicit bids will increase costs and will cause unacceptable delays. The question now is, how did the City get into a position that a critical asset or assets come to end of life and end of functionality at essentially the same time and the asset management plan did not provide sufficient forecasting to prevent an unplanned emergency expenditure of 1.6 million dollars? Attachment to the Minutes of the June 21, 2022 City Council Regular Meeting What if the ARPA funds were not available? The City should not rely on Federal funds to make up for the deficiencies in the management of our infrastructure. Was this pending disaster discussed at the Strategic Planning Retreat — FY 2022/ 2023 Goals? And last, because City management likes the League of Cities I provide this - National League of Cities - Developing a Procurement Instrument. Depending on state and local requirements, cities can then develop a scope and select a procurement instrument. In many cases this will be a request for proposals (RFP) or a request for qualifications (RFQ). For construction procurement, the Federal guidelines say that a request for competitive sealed bids is preferred. In some cases, the local government may decide to utilize an existing contract or join a co-operating purchasing agreement. However, these mechanisms become more complicated when using federal funds due to federal requirements for competitive bidding of all federal dollars. City of Cape Canaveral, Florida DRAFT • Strategic Planning Retreat — FY 2022/ 2023 Goals • March 30, 2022 • Minutes • Page 3 of 6 o Water Reclamation Facility Effluent/ Influent Disc and Drum Filter Installations being behind schedule due to supply chain issues, Long Point Road Estuary Park experiencing delays with the St. Johns River Water Management District permitting process, Oak Lane Improvements progress and the close - to -complete nature of the Water Reclamation Facility' s Supervisory Control and Data Acquisition System. Discussion regarding the listed projects ensued and included environmental impacts, projected costs, stormwater and drainage benefits and concerns, no planned sidewalks on Oak Lane, status of the Stormwater Master Plan, possible usage of American Rescue Plan Act and/ or grant funding for some of the projects, and how budgets are adjusted when projects are not completed as scheduled or planned. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Approve proposed task order from Tetra Tech in the amount of $81,047 for engineering design, bidding and construction administrative services for retrofitting two clarifiers at the Water Reclamation Facility (WRF) and authorize City Manager to execute same. Department: Public Works Services Summary. The City of Cape Canaveral (City) owns and operates a wastewater treatment plant that employs a five (5) stage biological nutrient removal (BNR) process to provide effluent suitable to discharge to surface water and to reclaimed water customers. As part of a proactive maintenance effort and management of this critical asset, City staff is proposing a complete rehabilitation of two, 60' diameter, Type C3 clarifiers at the City's Water Reclamation Facility (WRF). The clarifiers were installed over 28 years ago in 1994 and have operated efficiently and reliably since their installation. The clarifiers were partially rehabbed in 2012 by rebuilding of the C3 drive units. However, many of the clarifier components (1) are the original equipment installed in 1994, (2) have exceeded their operational life and (3) require frequent and extensive maintenance because of their age and deteriorated condition. Clarifiers are critical components of the wastewater treatment process and consist of settling tanks built with mechanical means for the continuous removal of solids being deposited by sedimentation. Clarifiers are generally used to remove solid particulates or suspended solids from liquid for clarification and/or thickening. Inside the clarifier, solid contaminants settle out to the bottom of the tank where they are collected by a scraper mechanism. Concentrated impurities discharged from the bottom of the tank are known as sludge, while the particles that float to the surface of the liquid are called scum. After many years of good and reliable performance, the existing clarifiers have reached the end of their useful life and are now in poor condition. In addition, the wipers continue to break and the carbon steel inside the tanks is deteriorated due to the corrosive nature of sewer treatment. If the clarifiers fail, it would cause a serious service challenge and the WRF would then be deemed "out of permit compliance." An enforcement action would then likely be initiated against the City by the Florida Department of Environmental Protection (FDEP) to require the WRF to be brought back into compliance. In that situation, a FDEP Consent Order would be required imposing upon the City prompt remedial action and the payment of monetary penalties. Recommendation. Initially, City staff recommended at the June 21, 2022 City Council meeting contracting with OVIVO USA, LLC (OVIVO) for an in -kind replacement via a sole -source purchase since the City was very happy with the performance and reliability associated with the existing clarifiers that were provided in 1994 by OVIVO. However, after concerns expressed by the City Council over the potential sole -source purchase and after consultation with the City's consultant City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 5_ Page 2 of 2 (Tetra Tech) and City Attorney, staff is now recommending that the project be opened to competitive bidding. Therefore, to initiate the project, a proposal was requested from Tetra Tech to provide the following engineering services which will be required in order for the City to issue an invitation to bid: • Prepare a technical memorandum outlining the feasibility of retrofits (new systems) for the clarifiers; • Perform a structural inspection of the clarifier tanks, prepare repair procedures of damages and perform repairs, if any; • Prepare final design drawings and specifications suitable for public bidding; • Provide bidding services; and • Provide construction management services (primarily inspections of the work). The complete scope of work and costs from Tetra Tech are attached. Selected Firm: After review of engineering firm qualifications for similar -type projects, Staff selected Tetra Tech of Orlando, Florida to provide a task order to perform the recommended engineering tasks. Tetra Tech is one of the engineering firms selected by the City for Continuing Professional Engineering/Surveying, Planning, Consulting and Architectural Services through the Consultants' Competitive Negotiation Act (CCNA). A Master Services Agreement for these services was signed in July 2018 between the City and Tetra Tech. The task order will be approved in furtherance of and subject to the Master Services Agreement. Project Funding. All work will be completed with funding from the American Rescue Plan Act (ARPA). Completion of this project is part of the City's continuing efforts to replace all key treatment process equipment at the WRF so that (1) effluent (reclaimed water) is low in concentrations of phosphorous and nitrogen, (2) all treatment processes have back-up systems (redundancy) and (3) only routine maintenance of the WRF will be required of City Staff for the foreseeable future. Submitting Department Director: Jim Moore Attachment: Tetra Tech Proposed Task Order Date: 7/11/22 Financial Impact: $81,047 for engineering design, bidding and construction administrative services for retrofitting two clarifiers at the Water Reclamation Facility (WRF) to Tetra Tech, funded by ARPA. Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo f\ Date: 7/8/22 The City Manager recommends the City Council take the following actions: Approve proposed task order from Tetra Tech in the amount of $81,047 and authorize City Manager to execute same. Approved by City Manager: Todd Morley Date: 7/11/22 TETRA TECH CITY OF CAPE CANAVERAL WRF CLARIFIER REHABILITATION SCOPE OF SERVICES Task Order No. 11 Tt Project # 200-52528-22003 I. PROJECT DESCRIPTION The City of Cape Canaveral (City) owns and operates an existing wastewater reclamation facility (WRF) that employs a 5-stage biological nutrient removal (BNR) process to provide effluent suitable for discharge to surface water. The WRF includes two 60-ft diameter draft tube clarifiers with equipment manufactured by Ovivo. The clarifiers have been in service for approximately 28 years and have provided reliable efficient service. As part of a proactive effort for maintenance and management of critical assets, the City would like to rehabilitate the two (2) existing clarifiers by replacing all mechanical and electrical components to extend the life of the asset and continued service reliability. In addition to the rehabilitation scope, the City is requesting engineering support during construction to inspect the existing clarifier structures to recommend potential structural repairs. The services provided herein reflect refinement of the concept described above and the requisite design, bidding, and construction services to deliver the facilities in in accordance with Tetra Tech/City Agreement for Engineering/Surveying Services dated July 17, 2018. Tasks for this project will be completed on a phased basis and are further described herein. II. SCOPE OF WORK Task 1 - Final Design 1. Prepare agenda for and attend a kick-off meeting/site visit with City Staff. Prepare a meeting summary for distribution to all attendees. 2. Prepare and submit technical memorandum outlining the feasibility of retrofits regarding new systems with more advance technology than current equipment. Engineers' opinion of probable construction costs will be included in technical memorandum. Meet with the City to discuss the technical memorandum and finalize clarifier equipment selection. 3. Final design includes preparation of engineering drawings and specifications, which will be submitted to the City for progress review at 75- and 100-percent completion levels. Three (3) sets of drawings and specifications and an electronic copy in PDF format will be provided to the City for each progress review. A virtual review meeting will be held with City following each submission. Updated cost estimates will be included with each submittal. Drawings and specifications will be prepared using AutoCAD and MS WORD, respectively. It is anticipated that the documents will reflect the following work: ■ Removal and disposal of the existing clarifier mechanisms. ■ Cleaning of the existing tank structure via water blasting to facilitate a structural inspection. 1 TETRA TECH ■ Structural inspection and repair procedures including crack injection (epoxy or urethane), spall repair, expansion joint repair, floor grouting, and recoating (interior walls and troughs). The level of rehabilitation is to be finalized following inspection during the construction phase. ■ Furnishing, installing, testing, and placing into service new clarifier mechanisms and controls. 4. A preliminary list of drawings is presented below: General Cover Sheet General Notes and Details Civil Existing Site Plan Structural Existing Clarifier Plan and Section Process Existing Clarifier Plan, Section and Details Electrical Existing Electrical Site Plan Existing Control Building Electrical Plan Existing Riser Diagram MCC Layouts Existing Electrical Details Task 2 - Bidding 1. Furnish the City with a "master set" of construction documents in electronic format, as well as 22" x 34" full scale drawings and a "master set" of technical specifications for advertisement and issuance of documents by the City. Electronic formats for the drawings and specifications will be provided in Acrobat PDF. 2. Prepare and conduct a pre -bid meeting with the City and bidders. 3. Respond to questions received by the City for clarifications or technical revisions that become apparent during the bidding process. The City will prepare and issue addenda. 4. Evaluate the low bidder's qualifications for performing the work and provide recommendations regarding contract award. 5. Conform the construction documents at the end of the bidding phase to reflect changes to the construction drawings or specifications made in addenda. Task 3 - Construction Administration Services 1. Prepare for and conduct one (1) preconstruction meeting with City and selected Contractor. Tetra Tech will be responsible for recording and distributing meeting minutes to all attendees. 2. Attend monthly progress meetings throughout the progress of work. Progress meetings will be held monthly and will include a walkthrough of the work area. It is anticipated that 2 TETRA TECH eight (8) meetings/walkthroughs will be needed at an average of two (2) hours each. 3. Inspect the clarifiers structures once they have been cleaned by the Contractor and issue a report with recommendations regarding structural rehabilitation. 4. Review shop drawings and other submittals to determine conformance with the design concepts of the project and compliance with the requirements provided in the contract documents (Maximum of 2 reviews per submittal). 5. Review requests for information (RFIs), provide interpretation of construction documents, and issue written clarifications or interpretations. 6. Review requests for change orders and work change directives and prepare subsequent documentation. 7. Review of Applications for Payment. Based on Engineer's observations and review of accompanying supporting documentation determine the amounts that Engineer recommends Contractor be paid in writing on application form. It is anticipated to be an approximately 12-month construction schedule, and therefore, this Scope anticipates reviewing up to 12 pay applications. 8. After successful demonstration tests of each clarifier and upon written request by the Contractor, Tetra Tech and the City will conduct a substantial completion inspection of the Project with preparation and distribution of a punch list of observed deficiencies to be completed by the Contractor prior to the final completion date. The project will be certified substantially complete only if the work is sufficiently complete in accordance with the contract documents, so that the work can be utilized for the purposes for which it is intended. Upon written request by Contractor, Tetra Tech will conduct a reinspection to confirm that substantial completion punch list items have been addressed. A total of two (2) substantial completion inspections and one (1) final inspection will be included in this Scope. 9. Review the contractor's as -built drawings for completeness and prepare record drawings based on the contractor's as -built data. Prepare record drawings for the City's use from information provided by the Contractor delineating dimensions, location, and elevation of all facilities constructed. Provide the City with one (1) electronic file of record drawings in AutoCAD current release, one (1) electronic file of record drawings in PDF format, and three (3) sets of printed record drawings. III. ASSUMPTIONS 1. Due to the nature of this project, permitting outside of construction activities are not required, and therefore, are not included as part of this Scope. 2. Contract Drawings will be based on existing record drawings to be provided by the City. 3 ini: TETRA TECH IV. COMPENSATION The total lump sum fee for the Scope of Services described in Section II is$81,047. Attachment A presents a detailed breakdown of the estimated hours and compensation for the Scope of Services. Task Compensation 1. Final Design $38,337 2. Bidding Assistance $5,108 3. Construction Administration $37,602 Total $81,047 V. SCHEDULE The anticipated delivery schedule for the project is presented below: Task Duration in Cumulative Weeks After Milestone Weeks Notice to Proceed Kick-off Meeting/Initial Inspection 1 1 Tech Memo 6 7 Tech Memo Review/Meeting 1 8 Prepare 75% Documents 6 14 City's Review 2 16 Prepare 100% Documents 4 20 City's Review 1 21 Bidding&Award 8 29 Conform Documents 1 30 Construction' 52 82 Record Drawings 4 86 1.Construction duration may vary based on actual lead times of equipment. 4 lb Price Proposal Labor Plan Attachment AI 8 Resource WRF Clarifier Rehabilitation Rehabilitate two 60-ft diameter clarifiers by replacing all mechanical and electrical components. I Submitted to: City of Cape Canaveral (Attn: Jeff Ratliff) To To 111 8 a) U U 'a-) O as a U U as co 'a-) a1 22 a1 a1 '7, 0 c ba c d W W 0 0 co c c Contract Type: Lump Sum i w - - w Q Total v Task Pricing U Q U a1 '6 a1 Q U v 'u CJ c c . Q ai Labor Hrs , a w w N , Labor Subs Travel Mat'Is& Equip ODCs Totals Project Phases/Tasks 507 40 90 8 201 26 30 68 44 67,297 12,350 1,400 - - 81,047 Task 1-Final Design 284 27 35 8 109 13 20 56 16 38,337 - - - - 38,337 Kick-Off Meeting/Site Visit 26 8 8 10 3,964 3,964 Prepare Technical Memorandum 62 6 6 2 32 2 2 8 4 8,254 8,254 Technical Memorandum Review Meeting 12 4 4 4 1,872 1,872 Prepare 75%Submittal 90 2 2 4 32 6 8 32 4 11,877 11,877 Virtual Review Meeting 5 2 2 2 702 702 100%Submittal 39 1 4 2 8 2 2 16 4 5,168 5,168 Virtual Review Meeting 5 2 2 2 702 702 Prepare Project Manual,Bidding,and Contract Req's 46 3 8 20 3 8 4 5,797 5,797 Task 2 Bidding Assistance 41 3 7 - 18 1 1 2 4 6 5,108 - - - - 5,108 Bidding Assistance 33 3 5 16 1 2 2 4 4,199 4,199 Conform Documents 8 2 2 2 2 909 909 Task 3-Construction Administration 182 10 48 - 74 12 8 8 22 23,852 12,350 1,400 - - 37,602 Preconstruction Meeting 8 4 4 981 981 Review Shop Drawings 34 2 2 12 4 6 8 4,427 4,427 RFIs/Change Orders 18 2 10 2 4 2,226 2,226 Monthly Progress Meetings/Site Visits 64 32 32 7,845 7,845 Review Pay Applications 10 6 4 1,785 1,785 Structural Inspection/Rehabilitation Recommentaions 4 2 2 439 12,350 12,789 Substantial Completion Inspection 18 4 8 4 2 2,567 2,567 Final Completion Inspection 6 2 4 717 717 Record Drawings 20 2 4 2 2 8 2 2,866 2,866 Other Direct Costs - 1,400 1,400 Totals 507 40 90 8 201 26 30 68 44 67,297 12,350 1,400 - - 81,047 Tetra Tech Page 1 of 1 Printed 6/24/2022 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Ordinance No. 16-2022; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for Fiscal Years 2022/2023 through 2026/2027 subject to an annual review of the rate schedule adopted hereinunder by the City Council; providing for the ratification of sewer rates for sewer customers; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date, second reading. Department: Administrative/Financial Services/Public Works Services Summary: A recent City of Cape Canaveral Wastewater Revenue Sufficiency Analysis (Study) was prepared by Raftelis Financial Consultants, Inc. (Attachment 1) in order to establish sanitary sewer rates for fiscal years 2022/2023 through 2026/2027. The Study analysis contains findings, conclusions, recommendations and supporting data associated with proposed sewer rate adjustments of approximately 10.00%, 7.50%, 5.00%, 5.00% and 2.50% for the next five fiscal years ending in 2026/2027. The primary goal of the Study was to identify sufficient rate levels to generate revenue to provide for the funding of (1) operation and maintenance, (2) debt service and coverage, (3) renewal and replacement, (4) budget transfers and (5) the Capital Improvement Plan (CIP). It is important to note that due to the effects of the COVID-19 Pandemic in fiscal year 2021/2022, sewer rates were not increased. The last rate increase (2.50%) was in fiscal year 2020/2021. In addition, this Study only analyzed sanitary sewer rates. This Study does not affect stormwater or reclaimed water rates. Justification and Proposed Sewer Rates: The City typically undertakes review of sanitary sewer rates every five years. The May 2022 Study demonstrates: • Projected revenues from existing rates are not adequate over the forecast period to address the operational and CIP requirements through fiscal year 2026/2027 (see page 5 of the Study); and • The City's Utility is being impacted by inflationary costs as well as the need for capital investments (see page 4 of the Study). Based upon the Study findings, the existing rates are not adequate to address total expenses incurred by the Sewer Utility including the Operating Reserve Funds. Therefore, the proposed new sewer rates are as follows: City of Cape Canaveral City Council Meeting •July 19, 2022 Agenda Item# 6 Page 2 of 3 SCHEDULE OF RATES 2022/23 2023/24* 2024/25* 2025/26* 2026/27* Wastewater Adjustment 10.00% 7.50% 5.00% 5.00% 2.50% Customer Charge per Bill All Classes $2.50 $2.69 $2.83 $2.98 $3.06 Readiness to Serve Charge per ERU Single Family $21.07 $22.66 $23.80 $24.99 $25.62 Commercial $26.35 $28.33 $29.75 $31.24 $32.03 Public Buildings $21.07 $22.66 $23.80 $24.99 $25.62 Usage Rate per 1,000 gal. Single Family $6.88 $7.40 $7.77 $8.16 $8.37 Commercial $8.57 $9.22 $9.69 $10.18 $10.44 Public Buildings $6.88 $7.40 $7.77 $8.16 $8.37 Sewer Flat Rate Multi-Family $36.11 $38.82 $40.77 $42.81 $43.89 Per residential unit * Sewer rates subject to annual review by the City Council. Forecasted operating results based on the proposed future rate adjustments are shown graphically on page 9 of the Study. The proposed rate adjustments will also allow for the Operating Reserve Funds to increase to $1.1 million and to execute all CIP projects (see page 10 of the Study). Current sewer rates will remain the same until October 1, 2022.At that time,the sewer rates will be adjusted on an annual basis in accordance with the new rate schedule included in Ordinance 16-2022 (Attachment 2). However, the City Council will have the ability to suspend or reduce the amount of the annual automatic rate adjustments depending on an update of revenue and expenses of the sewer utility. Submitting Department Directors: John DeLeo/Jim Moore Date: 7/11/22 Attachments: #1 -City of Cape Canaveral Wastewater Revenue Sufficiency Analysis #2 - Ordinance No. 16-2022 City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 6 Page 3 of 3 Financial Impact: Forgone Sanitary Sewer Impact Fee revenue, $18,000 to produce the Raftelis Report, and cost to prepare, advertise and incorporate the Ordinance into the City Code. $10,000 for yearly study by Raftelis to affirm new sewer rate. Staff time and effort to complete Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo X Date: 7/11/22 The City Manager recommends the City Council take the following action: Adopt Ordinance No. 16-2022, second reading. Approved by City Manager: Todd Morley Date: 7/11/22 R RAFTELIS May 5, 2022 John DeLeo Director of Administrative and Financial Services City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 Subject: Wastewater Revenue Sufficiency Analysis Dear Mr. DeLeo Attachment #1 The City of Cape Canaveral (the "City") retained Raftelis Financial Consultants, Inc. (Raftelis) to perform a wastewater revenue sufficiency analysis for the Utility enterprise (the "Utility"). The primary goal of the analysis is to identify sufficient rate levels to generate revenue that provides for funding of the operating requirements including Operating and Maintenance (O&M) expenses, Debt Service and coverage, Renewal and Replacement (R&R), transfers, and fully funds the capital improvement program (CIP) while maintaining appropriate fund balance levels. Approach This study utilizes a systematic approach to identify the sufficiency of revenue, generated from the existing schedule of rates and charges, to address needs of forecasted operating fiscal requirements, CIP and reserve funds. The primary tasks of this approach consists of: 1) Forecasting the revenue sufficiency, based on existing user rates and customer activities, to meet existing fiscal requirements associated with operating budgets including existing debt service, required transfers and minor capital needs appropriated annually from rate revenues; 2) Forecasting fiscal requirements through fiscal year 2026/27 based on growth and inflation; 3) Incorporating the probable funding sources for the CIP; and 4) Identifying if rate adjustments are necessary for operating requirements, CIP and reserve fund objectives. The study process utilizes a dynamic Excel spreadsheet computer model to manage data, project requirements, calculate results from alternative assumptions, test the appropriateness of the results, provide a mechanism to document results and make available a user-friendly platform to interface with City staff and public presentations. Existing Sewer Rates The Utility's existing cost recovery system for providing sewer service is comprised of: (i) user rates and charges (monthly base and usage charges); (ii) other charges for services (special service requests, penalties, interest earnings, reclaimed water hook-up fees, miscellaneous services, etc.); and (iii) Assessment Fees from new connections. It should be noted that operating revenues provided through user rates and charges, and other charges for services are unrestricted and primarily utilized to pay the Utility's operating and maintenance expenses and capital improvements; whereas Assessment Fee revenues, which are actually connection fees, are restricted and limited for use in expansion related projects and debt service. (Remainder of Page Intentionally Left Blank) 341 N. Maitland Avenue, Suite 300 Maitland, FL 32751 www.raftelis.com CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 2 SUFFICIENCY ANALYSIS The Utility's existing cost recovery system was last adjusted with the adoption of Resolution No. 2017-09 adopted July 18, 2017, and provided for annual rate adjustments through fiscal year 2020/21. No rate adjustments were implemented for FY 2021/22. The existing rate structure provides for the following: 1. Customer Billing Charge—a fixed charge per bill. 2. Sewer Readiness to Serve Charge — a uniform charge per Equivalent Residential Unit (ERU), where one ERU is equal to the service characteristics of a Single Family dwelling unit. 3. Usage Rate—a charge based on the recorded billable metered water usage and a uniform rate per 1,000 gallons. 4. Flat Sewer Charge—a fixed charge per residential dwelling unit for Multi-Family class only. 5. Flat Reclaimed Water Charge—a fixed charge per Equivalent Irrigation Connection(EIC). Summarized in Table 1 are the existing monthly rate components and amounts effective as of October 1, 2021,that remain effective for FY 2022. Table 1.Existing FY 2022 Monthly Rates and Charges Amount Customer Charge per Bill $2.27 Readiness to Serve Charge per ERU Single Family $19.15 Commercial $23.95 Public Buildings $19.15 Usage Rate per 1,000 gal. Single Family $6.25 Multi-family $0.00 Commercial $7.79 Public Buildings $6.25 Sewer Service Charge Multi-family $32.82 Reclaimed Per ERIC's All Customer $8.12 A comparison of typical Single Family monthly 5,000-gallon wastewater service bill amounts, exclusive of taxes and other charges, for regionally located utilities, is provided in Graph 1. It is important to note that utilities throughout Florida and the nation differ significantly in: a) the way they are capitalized; b) operations: c) service areas; d) customer characteristics; e) geographical location; f) quality of service; g) community standards and many other factors. These differences are all reflected in the amounts charged and resulting impacts on customer classes.Additionally,a significant number of utilities use water revenues to subsidize sewer revenue shortfalls.This combined revenue approach to rates is not uncommon;however, since the City provides only sewer services the sewer rates herein more accurately reflect the costs of such services. (Remainder of Page Intentionally Left Blank) CITY OF CAPE CANAVERAL: WASTEWATER REVENUE SUFFICIENCY ANALYSIS Graph 1. Single Family Monthly Service Bill Comparison [Vertical Bar Graph] $90.00 $80.00 $77.00 $70.00 $60.00 $55.00 $56.00 :::: $49.00 $51.00$38.00 $39.00 $41.00 $31.00 $31.00 $33.00 $30.00 $26.00 I II $20.00 $10.00 $0.00 I oe°e ea4e G A ear ear oe ear a `\ .*00 a °a tad e\,po 00\ 0`Jec o a0 et •0 e\ o `.0 r ie •ZP `4' Q°\ . ,o e oo 440 Existing and Projected Customers The customer data provided by the City, as obtained from the City of Cocoa, was reviewed and analyzed and determined to adequately represent the sewer customers currently connected along with total ERUs and usage activity by customer classification. The customer data included the customer number, location ID,bill date, customer classification, meter size, number of Units/ERUs, usage amount, and the amount billed each month. This data was summarized by customer class and meter size and compared to revenue reports provided by the City, which showed that the revenue amounts reported were different by about $3,000 or 0.1%,which is significantly lower than the targeted 0.5%to 1.0%tolerance typically allowed for this type of data analysis and comparison. Also, as concurred by City staff, growth in sewer customers will remain relatively low, similar to historic trends since the City is largely developed. There are a few new hotels anticipated along with some other redevelopment that is anticipated to bring increased density in the customer base. A summary of the Utility's wastewater customers for fiscal year 2020/21 along with corresponding ERUs,billable usage and revenue by classification is provided in Table 2.Further customer details and growth projections are provided in Schedule 1. Table 2.FY 2020/21 Wastewater Connections,ERUs,Usage and Revenue Relationships Average(monthly) Annual Usage Revenues Connections % ERUs % Amount 1 % Amount Single Family 1,767 63.2% 1,775 19.7% 63,970 21.7% $855,800 20.5% Multi-Family 844 30.2% 6,660 73.9% 164,635 55.8% 2,646,000 63.3% Commercial 150 5.4% 506 5.6% 61,696 20.9% 630,100 15.1% Public Bldg. 37 1.3% 76 0.8% 4,482 1.5% 46,500 1.1% Grand Total 2,798 100.0% 9,017 100.0% 294,783 100.0% $4,178,400 100.0% 1. In thousands of gallons.Usage for Multi-Family accounts is estimated. CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 4 SUFFICIENCY ANALYSIS Fiscal Requirements Fiscal Requirements represent the budgeted financial obligations of the enterprise required to sustain services of the Utility. These Fiscal Requirements are grouped pursuant to two primary categories of Operating and CIP. The first category is Operating requirements, which are intended to be paid from revenues derived primarily from charges for services through the approved scheduled of user rates,charges and fees, including miscellaneous charges and interest income. The fiscal Operating requirements include expenses, debt service and transfers associated with day to day needs to provide services summarized as: (i) Operating and Maintenance (O&M) Expenses; (ii) Debt Service; (iii) Debt Service Coverage; and (iv) Other Non-Operating Expenses and Transfers, which can also include R&R and certain ongoing minor capital items such as tools, equipment, etc. Fiscal Requirements for major capital improvements and replacement of vehicles are generally funded from: 1)debt proceeds; 2)accumulated operating reserves, 3) contributions; 4)assessments; 5)grants; or 6) a combination of these funding mechanisms. Operating Reauirements The Operating requirements projected through fiscal year 2026/27, provided in Table 3 as summarized from Schedule 2, include annual adjustments to address increases from labor merit and inflation. In discussions with City staff, there have been significant increases in certain items so far year-to-date FY 2021/22. These increases are most noticeable on chemicals and capital projects. Chemicals are included below in Operating Expenses and have been increased by 30%from the original budgeted amount.It should be noted that these projections provided approximately$370,000 annually for ongoing capital, in addition to the major requirements that are identified on the Capital Improvement Program (CIP), addressed separately. Table 3.Projected Operating Requirements 2022/23 2023/24 2024/25 2025/26 2026/27 Personnel Services $1,742,300 $1,840,700 $1,942,800 $2,085,800 $2,158,700 Operating Expenses 1,444,100 1,498,500 1,549,800 1,599,900 1,648,300 Subtotal O&M Expenses $3,186,400 $3,339,200 $3,492,600 $3,685,700 $3,807,000 SRF Debt Service $720,218 $795,218 $795,218 $795,218 $795,218 Transfers and Contingency 707,500 707,500 707,500 707,500 707,500 Total Operating Requirements $4,614,118 $4,841,918 $4,995,318 $5,188,418 $5,309,718 CIP Reauirements The CIP is shown in Table 4 by fiscal year, as summarized from details provided by the City in Schedule 3. Table 4 reflects that a large portion of the CIP is funded through existing SRF loans and the remaining portions of the CIP would be funded from Operating reserve funds and ARPA grant funding.The City has already entered into many of these loan agreements with the SRF program, which often have very low interest rates (in the less than 1%range)with a 20-year repayment. Based on the updated timing of some projects, the City has started discussions with SRF administrative personnel to execute amendments for adjusting the initial payment dates to align with the new project execution timelines. Table 4.Projected Capital Improvement Program Requirement 6-yr Total 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Unrestricted Operating $2,521,500 $434,000 $490,000 $479,500 $387,000 $372,000 $359,000 Existing SRF Loans 3,416,500 2,096,500 1,320,000 0 0 0 0 ARPA Funds 1,421,100 0 1,421,100 0 0 0 0 Total Uses $7,359,100 $2,530,500 $3,231,100 $479,500 $387,000 $372,000 $359,000 CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 5 SUFFICIENCY ANALYSIS Projected Revenue Sufficiency Assuming No Rate Adjustments Revenues generated by providing Utility services are primarily generated from monthly charges from wastewater rates. To a lesser extent, revenues are also provided from miscellaneous fees and charges for one-time connection activities, penalties, special requests and interest earnings on unrestricted reserves, collectively Other Revenues. Revenues are first used to address the Operating requirements of O&M Expenses, debt service and certain non-operating needs. Thereafter, Revenues are directed at supporting the CIP and maintaining prudent levels in the Unrestricted Operating and R&R Reserve Funds. Maintaining adequate reserve funds is imperative for Utilities due to the capital-intensive nature of providing service. It should be noted that CIP requirements can be funded from various sources including but not limited to operating surplus, reserves, proceeds from debt, grants and contributions. The initial task of this study is to determine the sufficiency of existing rates to satisfy the Operating requirements, provide sufficient surpluses to support the CIP through Pay-As-You-Go, additional debt or a combination of these funding sources and maintain prudent levels of reserves. Illustrated in Graph 2, as derived from Table 5, are annual operating results based on the existing rate structure and rates projected through fiscal year 2026/27. The results demonstrate that projected revenues from existing rates are not adequate over the forecast period to address the Operational and CIP Requirements through fiscal year 2026/27 (the yellow line). Rate adjustment to address the deficient position will be identified in the next section of this report and will be imperative to sustain utility operations and provide adequate funding to maintain the significant investment in fixed assets the City has made. Graph 2. Revenue Sufficiency Under Existing Rates [Vertical Bar Graph] $6.0 $5.0 $4.0 c $3.0 0 $2.0 $1.0 $0.0 -$1.0 -$2.0 2022/23 2023/24 2024/25 2025/26 2026/27 Operational Requirements Revenues Difference (Remainder of Page Intentionally Left Blank) CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 6 SUFFICIENCY ANALYSIS Table 5. Operating Revenue Sufficiency Existing Rates(no rate adjustments) 2022/23 2023/24 2024/25 2025/26 2026/27 User Rates $4,305,800 $4,325,200 $4,377,600 $4,381,200 $4,385,100 Other Revenue 117,200 117,200 117,200 117,200 117,200 Total Revenue $4,423,000 $4,442,400 $4,494,800 $4,498,400 $4,502,300 O&M Expenses 3,186,400 3,339,200 3,492,600 3,685,700 3,807,000 Net Revenue $1,236,600 $1,103,200 $1,002,200 $812,700 $695,300 Debt Service 720,218 795,218 795,218 795,218 795,218 Non-Oper Exp 707,500 707,500 707,500 707,500 707,500 Surplus(Deficit) ($191,118) ($399,518) ($500,518) ($690,018) ($807,418) SRF Loan Coverage Required 1.15 1.15 1.15 1.15 1.15 Achieved 1.72 1.39 1.26 1.02 0.87 As demonstrated in Graph 2 and Table 5, rate adjustments will be necessary to fully fund the Fiscal Requirements of the wastewater and reclaimed water utility. In the last two years of the forecast shown on Table 5 the Utility does not meet the annual debt service coverage requirements for the outstanding SRF loans. This situation would require implementation of rate adjustments to pay meet that debt covenant should no other action be taken in the meantime. An additional indicator of the need for rate adjustments is forecast the available reserve funds maintained by the Utility. The Utility enterprise has two reserve funds, including the Unrestricted Operating reserves and the impact fee (expansion) reserves. The Unrestricted Operating Reserve Fund provides for the accumulation and expenditure of earnings (Surpluses from Operations) of the utility and is generally considered as the backbone funding source for capital improvements and financial stability. Impact Fee funds can be utilized primarily for expansion related facilities. A key financial measure of financial stability and creditworthiness of a wastewater utility is its ability to maintain adequate levels of reserve funds. Due to the smaller size of the City's Utility enterprise and the primary source of revenue being wastewater service charges, the City should consider maintaining a minimum balance of approximately $1.0 million in the Unrestricted Operating Reserve Fund. This $1.0 million level is representative of 3 months'worth of Fiscal Requirements,including O&M expenses,annual debt service,and transfers.However,in the current forecast the City has identified significant capital project funding needs that will require the use of existing reserves and rate increases to provide necessary funding. Therefore, the forecast reflects Unrestricted Operating Reserve Fund levels of less than $1.0 million, until the final year of FY 2026/27. These minimum amounts will, in addition to increasing creditworthiness of the enterprise, provide cash resources to more effectively manage the CIP, respond to grants requiring matching cash funds and address emergencies. The projected activities of the Unrestricted Operating and R&R Reserve Funds as shown in Graph 3 demonstrate the inability of operating revenues, without rate adjustments, to maintain the desired/suggested minimum balances in both the Unrestricted Operating Reserve Fund and R&R Fund. CITY OF CAPE CANAVERAL: WASTEWATER REVENUE SUFFICIENCY ANALYSIS Graph 3. Reserve Fund Balances Under Existing Rates [Vertical Bar Graph] $2.0 $1.0 $0.0 -$1.0 -$2.0 -$3.0 -$4.0 2021/22 2022/23 2023/24 2024/25 2025/26 Impact Fee(Expansion)Fund Unrestricted Operating Reserve Fund Desired Combined Minimum Balances Rate Adjustments for Revenue Sufficiency The operating revenue sufficiency previously illustrated in Graphs 2 and 3, and Table 5, reflected results without any changes to rates. The existing rates are not adequate to address total expenses incurred by the Utility. These shortfalls can be addressed through a series of rate adjustments as shown in Table 6, which are designed to phase-in increases to the extent possible. Table 6. Schedule of Multi-Year Rate Adjustments and User Rates 2022/23 2023/24 2024/25 2025/26 2026/27 Wastewater Adjustment 1 10.00% 7.50% 5.00% 5.00% 2.50% Customer Charge per Bill All Classes $2.50 $2.69 $2.83 $2.98 $3.06 Readiness to Serve Charge per ERU Single Family $21.07 $22.66 $23.80 $24.99 $25.62 Commercial $26.35 $28.33 $29.75 $31.24 $32.03 Public Buildings $21.07 $22.66 $23.80 $24.99 $25.62 Usage Rate per 1,000 gal. Single Family $6.88 $7.40 $7.77 $8.16 $8.37 Commercial $8.57 $9.22 $9.69 $10.18 $10.44 Public Buildings $6.88 $7.40 $7.77 $8.16 $8.37 Sewer Flat Rate Multi-Family $36.11 $38.82 $40.77 $42.81 $43.89 Reclaimed Water Adjustment 0.00% 0.00% 0.00% 0.00% 0.00% Flat Rate All Classes $8.12 $8.12 $8.12 $8.12 $8.12 1. Effective first full billing cycle on or after October 1,2022 and each October 1st thereafter through 2026. Results of the rate adjustments on monthly bills for different customer classes are illustrated on Graph 5. Monthly bill amounts shown in Graph 5 do not include the Customer Charge per Bill as this is an equal CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 8 SUFFICIENCY ANALYSIS amount for all customers per bill and would distort the Multi-Family comparison. Amounts shown for Single Family and Commercial are based on 5,000 gallons per month, whereas, the amount shown for Multi-Family is a flat rate per dwelling unit originally designed on usage slightly above 2,000 gallons per month per dwelling unit. Graph 5. Typical Monthly Bill [Vertical Bar Graph] $100.00 $90.00 585 - $87 $77 $81 $80.00 — $72 — $70.00 $62 $65 $69 $71 $60.00 $58 I $50.00 $41 $44 $39 $40.00 $30.00 IIN $20.00 $10.00 $0.00 2022/23 2023/24 2024/25 2025/26 2026/27 f Single Family @ 5K Gal Multi-Family Commercial @ 5 K Gal Financial results of the rate adjustments are presented in Table 7, as summarized from Schedule 4, indicating positive and increasing cash flows for the forecasted fiscal years.These increasing cash flows are important to help the Utility to continue to fund need capital improvement projects during and beyond the forecasted period. Additionally, the positive cash flows will allow the Utility to recover the Unrestricted Operating Reserve Funds that will be depleted over the next few years while implementing capital improvements. Finally, the SRF annual debt service coverage requirements will be exceeded and give the ability for additional SRF or other debt issuances in the future should large project needs arise. Table 7. Operating Revenue Sufficiency Proposed Rates 2022/23 2023/24 2024/25 2025/26 2026/27 User Rates $4,728,700 $5,100,700 $5,418,100 $5,690,400 $5,837,500 Other Revenue 126,000 132,300 139,000 142,500 146,100 Total Revenue $4,854,700 $5,233,000 $5,557,100 $5,832,900 $5,983,600 O&M Expenses 3,186,400 3,339,200 3,492,600 3,685,700 3,807,000 Net Revenue $1,668,300 $1,893,800 $2,064,500 $2,147,200 $2,176,600 Debt Service 720,218 795,218 795,218 795,218 795,218 Non-Oper Exp 707,500 707,500 707,500 707,500 707,500 Surplus(Deficit) $240,582 $391,082 $561,782 $644,482 $673,882 SRF Loan Coverage Required 1.15 1.15 1.15 1.15 1.15 Achieved 2.32 2.38 2.60 2.70 2.74 Graph 6 illustrates the forecasted operating results based on the proposed future rate adjustments as tabulated in Table 7. CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 9 SUFFICIENCY ANALYSIS Graph 6. Revenue Sufficiency Under Proposed Rates [Vertical Bar Graph] $7.0 $6.0 $5.0Lil I. o $4.0 $3.0 $2.0 $1.0 $0.0 2022/23 2023/24 2024/25 2025/26 2026/27 Operational Requirements I Revenues Difference Reserve Fund Balance Forecast The result of rate adjustments on reserve funds as reflected in Table 8 and illustrated in Graph 7, shows the initial use of reserves to execute the CIP projects, while then building the reserve levels back to the $1.1 million range by the end of the forecast. The final year of the forecast, FY 2026/27, is narrowly below the $1.3 million minimum reserve target for the Unrestricted Operating Reserve Fund. Table 8. Primary Fund Balances Available for CIP 2022/23 2023/24 2024/25 2025/26 2026/27 Unrestricted Operating Reserve Fund Beginning Bal. $680,282 $430,864 $342,447 $517,229 $789,711 Annual Operating Surplus 25,582 240,582 391,082 561,782 644,482 Transfer to Project Fund (434,000) (490,000) (479,500) (387,000) (372,000) Ending Balance $430,864 $342,447 $517,229 $789,711 $1,104,593 Minimum Balance $1,153,500 $1,210,500 $1,248,800 $1,297,100 $1,327,400 Impact Fee (Expansion)Fund Beginning Balance $2,000 $24,900 $47,900 $101,500 $114,100 Impact Fees 22,900 22,900 53,300 12,100 12,100 Transfer to Project Fund 0 0 0 0 0 Ending Balance $24,900 $47,900 $101,500 $114,100 $126,800 CITY OF CAPE CANAVERAL: WASTEWATER REVENUE ;V SUFFICIENCY ANALYSIS Graph 7. Reserve Fund Balances Under Proposed Rates [Vertical Bar Graph] $z.o $1.8 $1.6 $1.4 $1.2 C $1.0 2 $0.8 $0.6 $0.4 $0.2 $0.0 1=1m,.. 2021/22 2022/23 2023/24 2024/25 2025/26 Impact Fee(Expansion)Fund Unrestricted Operating Reserve Fund R&R Fund Desired Combined Minimum Balances Findings, Conclusions and Recommendations During the process of this revenue sufficiency analysis, data was obtained from the City regarding customers, operations, budgets and policies, which were relied upon as to accurately reflect financial conditions of the Utility. Sufficient data was obtained to develop reasonable financial forecasts based on goals of increasing revenue stability and fully funding the budgeted CIP. This analysis has concluded that: • Revenues from existing rates are not sufficient to fully address debt coverage and the budgeted CIP through fiscal year 2026/27. • The City's Utility is being impacted by inflationary cost pressures as well as the need for capital investments. It is therefore recommended that the City: 1) Proceed to adopt the following multi-year wastewater user rate adjustments with an effective date of the first full billing cycle on or after October 1, 2022 and each October 1 through 2026. Fiscal Year 2022/23 2023/24 2024/25 2025/26 2026/27 Adjustment 1 10.00% 7.50% 5.00% 5.00% 2.50% 1. For administrative purposes roundup rate to next whole cent. 2) Reevaluate the wastewater user rates periodically or whenever significant changes occur in the operating costs, capital costs, debt service, or other principal activities. The expenses, costs, and criteria associated with ratemaking are representative of averages that are developed primarily from historic data and/or projections based on opinions and assumptions. Significant amounts of historical review and analysis,together with the development of assumptions based on prudent engineering, financial, and ratemaking relationships were utilized in the development of the forecasts provide herein. Some of the assumptions will inevitably change or not materialize, and unanticipated events may occur which could significantly change the results presented herein. CITY OF CAPE CANAVERAL: WASTEWATER REVENUE 11 SUFFICIENCY ANALYSIS Thanks and appreciation is extended to the City of Cape Canaveral for providing us this opportunity and to the City's fine staff that provide data and assistance in the understanding and development of critical data. Very Truly Yours, Raftelis Financial Consultants, Inc. „pie,..47.:( 7772ze Joe Williams Manager rnAJgiov(61- Michelle Galvin Consultant (Remainder of Page Intentionally Left Blank) Schedule 1 Wastewater and Reclaimed Water Customer Growth Projections Reference Factor 2020/21 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Accounts Single Family 1 1,767 1,769 1,771 1,773 1,775 1,777 1,779 Multi-Family 2 844 845 846 847 849 850 850 Commercial 3 150 151 152 153 155 155 155 Public Buildings 5 37 37 37 37 37 37 37 Total 2,798 2,802 2,806 2,810 2,815 2,819 2,821 ERUs Single Family 1 1,775 1,777 1,779 1,781 1,783 1,785 1,787 Multi-Family 1 2 6,660 6,667 6,674 6,681 6,696 6,702 6,709 Commercial 3 506 514 522 530 553 553 553 Public Buildings 5 76 76 76 76 76 76 76 Total 9,017 9,034 9,051 9,068 9,107 9,116 9,125 Reclaimed Water ERICs All Classifications 6 569 569 569 569 569 569 569 Billable Flow Avg Flow 2 In Thousands of Gallons Annually Single Family 3.00 63,970 64,042 64,114 64,186 64,258 64,330 64,402 Multi-Family 2.06 164,635 164,808 164,981 165,154 165,513 165,673 165,846 Commercial 10.16 61,696 63,371 65,046 66,721 71,746 71,746 71,750 Public Buildings 4.91 4,482 4,482 4,482 4,482 4,482 4,482 4,482 Total 294,783 296,703 298,623 300,544 305,999 306,232 306,481 Growth Reference Factors Single Family 1 1.0010 1.0010 1.0010 1.0010 1.0010 1.0010 1.0010 Multi-Family 2 1.0010 1.0010 1.0010 1.0010 1.0010 1.0010 1.0010 Commercial 3 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Public Buildings 4 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 ERICs 5 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1. Multi-Family ERUs represents the number of dwelling units. 2. Thousands of gallons per month. Page 1 of 1 Schedule 2 Net Rate Fiscal Requirements Escalation Factor 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Personnel Services Salaries and Wages 3 $876,500 $907,200 $939,000 $971,900 $1,005,900 $1,041,100 Overtime 3 6,800 7,000 7,200 7,500 7,800 8,100 FICA Taxes 3 65,300 67,600 70,000 72,500 75,000 77,600 Retirement Contribution 3 50,400 52,200 54,000 55,900 57,900 59,900 Retirement Match 3 21,600 22,400 23,200 24,000 24,800 25,700 Life and Health Insurance 3 219,300 227,000 234,900 243,100 251,600 260,400 Worker's Compensation 3 14,900 15,400 15,900 16,500 17,100 17,700 Unemployment Compensation 3 0 0 0 0 0 0 Reimbursement of GF Payroll Exp. 3 539,100 558,000 615,000 674,000 772,500 799,500 Subtotal $1,683,300 $1,742,300 $1,840,700 $1,942,800 $2,085,800 $2,158,700 Operating Expenses Engineering Services 2 $0 $0 $0 $0 $0 $0 Banking Fees 2 2,100 2,200 2,300 2,400 2,500 2,600 Audit Expense 2 26,000 27,000 28,100 29,100 30,000 30,900 Contract Services 5 148,600 154,600 161,100 167,100 172,900 178,300 Travel Per Diem 2 2,400 2,500 2,600 2,700 2,800 2,900 Communication Service 5 9,500 9,900 10,300 10,700 11,100 11,400 Postage 5 300 300 300 300 300 300 Utilities 5 188,200 195,800 204,000 211,500 218,800 225,600 Sludge Disposal Fees 5 117,000 121,700 126,800 131,500 136,000 140,200 General Insurance 2 78,300 81,400 84,700 87,700 90,300 93,000 Buildings&Grounds Maint. 2 66,400 68,400 70,500 72,600 74,800 77,000 Plant&Equip.Maintenance 6 181,600 187,000 192,600 198,400 204,400 210,500 Collection System Maint. 6 123,000 126,700 130,500 134,400 138,400 142,600 Printing 6 500 500 500 500 500 500 Miscellaneous 2 2,000 2,100 2,200 2,300 2,400 2,500 Operating Supplies 5 12,000 12,500 13,000 13,500 14,000 14,400 Safety Supplies 5 10,700 11,100 11,600 12,000 12,400 12,800 Chemicals 5 193,100 200,900 209,300 217,000 224,500 231,500 Uniforms 2 6,300 6,600 6,900 7,100 7,300 7,500 Motor Fuel&Lubricants 5 9,500 9,900 10,300 10,700 11,100 11,400 Small Tools 2 7,800 8,100 8,400 8,700 9,000 9,300 Lab Supplies 5 80,100 83,300 86,800 90,000 93,100 96,000 Reclaimed Water Supplies 5 15,500 16,100 16,800 17,400 18,000 18,600 Subscriptions&Training 2 13,900 14,500 15,100 15,600 16,100 16,600 Operating Fees&Licenses 2 37,200 38,700 40,200 41,600 42,800 44,100 Contingency 1 25,000 25,000 25,000 25,000 25,000 25,000 Subtotal $1,393,000 $1,444,100 $1,498,500 $1,549,800 $1,599,900 $1,648,300 Total O&M $3,076,300 $3,186,400 $3,339,200 $3,492,600 $3,685,700 $3,807,000 Debt Service State Revolving Loan#5050 Input $365,000 $364,992 $364,992 $364,992 $364,992 $364,992 State Revolving Loan#5051 Input 171,900 171,915 171,915 171,915 171,915 171,915 State Revolving Loan#5053 Input 17,300 17,340 17,340 17,340 17,340 17,340 State Revolving Loan#5040 Input 39,000 39,007 39,007 39,007 39,007 39,007 State Revolving Loan#5050 Input 8,000 7,964 7,964 7,964 7,964 7,964 State Revolving Loan#5070 Input 0 0 0 0 0 0 State Revolving Loan#5030 Input 0 0 0 0 0 0 State Revolving Loan#5060 Input 0 0 0 0 0 0 SRLF Interest 1 0 0 0 0 0 0 Proposed Input 0 119,000 194,000 194,000 194,000 194,000 Subtotal Debt Service $601,200 $720,218 $795,218 $795,218 $795,218 $795,218 Page 1 of 2 Escalation Factor 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Transfers&Contingencies Transfer to General Fund 1 $707,500 $707,500 $707,500 $707,500 $707,500 $707,500 R&R 11 0 0 0 0 0 0 Subtotal $707,500 $707,500 $707,500 $707,500 $707,500 $707,500 Total $4,385,000 $4,614,118 $4,841,918 $4,995,318 $5,188,418 $5,309,718 Other Revenue Utility Penalty Income 9 Reuse Hook-Up Fees 9 $62,000 $66,700 $70,000 $73,500 $75,300 $77,200 Interest Earnings Input 2,900 3,100 3,300 3,500 3,600 3,700 Transfer from CC CRA Fund 0 6,500 0 0 0 0 0 Subtotal 52,300 56,200 59,000 62,000 63,600 65,200 Net Fiscal Requirement $123,700 $126,000 $132,300 $139,000 $142,500 $146,100 Escalation Factor 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Zero 0 0.000 0.000 0.000 0.000 0.000 0.000 Constant 1 0.000 1.000 1.000 1.000 1.000 1.000 Inflation 2 0.000 1.040 1.040 1.035 1.030 1.030 Personnel 3 0.000 1.035 1.035 1.035 1.035 1.035 Growth 4 0.000 1.000 1.002 1.002 1.004 1.001 Repairs&Maintenance 6 0.000 1.030 1.030 1.030 1.030 1.030 Interest Earnings 7 0.000 0.010 0.010 0.010 0.010 0.010 Utilities 8 0.000 1.040 1.042 1.037 1.034 1.031 Rate Adjustments 9 0.000 1.075 1.050 1.050 1.025 1.025 Growth*Rate Adjustments 10 0.000 1.075 1.052 1.052 1.029 1.026 Renewal and Replacement 11 0.000 0.000 0.000 0.000 0.000 0.000 New Admin Staff 12 0.000 1.035 1.102 1.096 1.146 1.035 Page 2 of 2 Schedule 3 Projected Detailed Capital Improvement Program Funding Description Source Total 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 Variable Frequency Drive Installation Operating $25,000 $25,000 $0 $0 $0 $0 $0 A/C Replacement Operating 8,000 8,000 0 0 0 0 0 WWTP Scada System Existing Loans 300,000 300,000 0 0 0 0 0 Eff./Inf.Disc&Drum Filter Replacement Existing Loans 925,000 925,000 0 0 0 0 0 RAS Pump/Motor Replacement Operating 40,000 0 0 40,000 0 0 0 Internal Recycle Pump/Motor Replacement Operating 75,000 25,000 0 50,000 0 0 0 Reclaimed Water Pump/Motor Replacement Operating 130,000 40,000 45,000 0 0 45,000 0 Lift Station Pump Replacement Operating 360,000 60,000 60,000 60,000 60,000 60,000 60,000 VFD Installation Operating 76,000 0 0 38,000 0 38,000 0 Blower Pipe for Effluent Transfer Operating 100,000 0 100,000 0 0 0 0 Bleach System Upgrades Operating 44,000 5,000 5,000 12,000 5,000 5,000 12,000 Instrumentation Upgrades Operating 42,000 7,000 7,000 7,000 7,000 7,000 7,000 Mixer Replacement Operating 62,000 9,000 9,000 10,000 10,000 12,000 12,000 Piermount Mixer Rehabilitation Operating 147,000 0 0 0 72,000 0 75,000 Special Lab Equipment Operating 108,000 18,000 18,000 18,000 18,000 18,000 18,000 Lift Station Replacement Existing Loans 1,140,000 570,000 570,000 0 0 0 0 Vehicle Replacement Operating 73,000 35,000 38,000 0 0 0 0 Pump Enclosure Structures Existing Loans 1,051,500 301,500 750,000 0 0 0 0 Valve Replacements Operating 210,000 35,000 35,000 35,000 35,000 35,000 35,000 Water Reclamation Facility Operating 20,000 0 8,000 0 0 12,000 0 WRF Fence Replacement Operating 104,500 0 0 69,500 35,000 0 0 Sodium Bisulfate System Operating 70,000 65,000 0 0 5,000 0 0 Sanitary Sewer GIS Mapping Operating 602,000 102,000 100,000 100,000 100,000 100,000 100,000 Collection System Upgrade Operating 225,000 0 65,000 40,000 40,000 40,000 40,000 Replace Clarifier Interior ARPA Funds 1,421,100 0 1,421,100 0 0 0 0 Total $7,359,100 $2,530,500 $3,231,100 $479,500 $387,000 $372,000 $359,000 Page 1 of 1 Schedule 4 Proforma Operating Statement 2021/22 2022/23 2023/24 2024/25 2025/26 2026/27 User Revenue Single Family $856,900 $944,000 $1,016,500 $1,068,800 $1,123,700 $1,153,700 Multi-family 2,648,700 2,917,400 3,139,600 3,304,500 3,473,400 3,564,700 Commercial 645,400 726,800 800,100 897,600 943,200 967,400 Public Buildings 46,500 51,100 55,100 57,800 60,700 62,300 Reclaimed Water 89,400 89,400 89,400 89,400 89,400 89,400 Total User Revenue $4,286,900 $4,728,700 $5,100,700 $5,418,100 $5,690,400 $5,837,500 Other Revenues 123,700 126,000 132,300 139,000 142,500 146,100 Total Revenues $4,410,600 $4,854,700 $5,233,000 $5,557,100 $5,832,900 $5,983,600 O&M Expenses 3,076,300 3,186,400 3,339,200 3,492,600 3,685,700 3,807,000 Net Revenues $1,334,300 $1,668,300 $1,893,800 $2,064,500 $2,147,200 $2,176,600 Debt Service Existing SRF Loans $364,992 $364,992 $364,992 $364,992 $364,992 $364,992 Anticipated SRF Loans 0 119,000 194,000 194,000 194,000 194,000 Total Debt Service $601,218 $720,218 $795,218 $795,218 $795,218 $795,218 Balance After Debt Service $733,082 $948,082 $1,098,582 $1,269,282 $1,351,982 $1,381,382 Non-Operating Transfer to General Fund $707,500 $707,500 $707,500 $707,500 $707,500 $707,500 R&R 0 0 0 0 0 0 Total Non-Operating $707,500 $707,500 $707,500 $707,500 $707,500 $707,500 Net Surplus/(Deficit) $25,582 $240,582 $391,082 $561,782 $644,482 $673,882 Page 1 of 1 Attachment#2 ORDINANCE NO. 16-2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REVISING THE CITY'S SANITARY SEWER SERVICE FEE SCHEDULE IN ACCORDANCE WITH ARTICLE III OF CHAPTER 78 OF THE CITY CODE FOR CITY FISCAL YEARS 2022/2023 THROUGH 2026/2027 SUBJECT TO AN ANNUAL REVIEW OF THE RATE SCHEDULE ADOPTED HEREUNDER BY THE CITY COUNCIL; PROVIDING FOR RATIFICATION OF SEWER RATES FOR SEWER CUSTOMERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO APPENDIX B, SCHEDULE OF FEES; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State Constitution to exercise any power for municipal purposes, except when expressly prohibited by law, and WHEREAS, Article II of Chapter 78 of the Cape Canaveral Code of Ordinances establishes the City's sanitary sewer system; and WHEREAS, Article III of Chapter 78 establishes the service rates, deposits and billing procedures for the City's sanitary sewer customers; and WHEREAS, section 180.13(2), Florida Statutes, provides that the City Council may establish just and equitable rates or charges to be paid to the City for the use of utilities by each person, firm or corporation whose premises are served thereby; and WHEREAS, section 78-152 of the Code of Ordinances requires that all revisions to sanitary sewer rates be approved by the City Council; and WHEREAS, Raftelis Financial Consultants, Inc. recently completed a Sewer System Rate Study dated May 2022 ("the Study"), which includes findings, conclusions, recommendations and supporting analyses related to the City's sanitary sewer rates; and WHEREAS, based on the recommendations of the Study, the City Council desires to revise the fees and charges related to its sanitary sewer system; and WHEREAS, after careful consideration and deliberation, and after considering the Study, the City Council deems it is in the best interests of the public health, safety and welfare of its citizens to update and revise the City's sanitary sewer system rates and charges as set forth herein, which rates are hereby found to be just and equitable. NOW, THEREFORE, BE IT DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: City of Cape Canaveral Ordinance No. 16-2022 Page 1 of 4 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference as a material part of this Ordinance. Section 2. Amendment to Appendix B, Schedule of Fees, Related to Sanitary Sewer Service Rates. The City Council of the City of Cape Canaveral hereby adopts the following amendments to the Cape Canaveral Code of Ordinances, Appendix B, Schedule of Fees (underlined type indicates additions to and strikethrough type indicates deletions from the existing text in Appendix B): APPENDIX B — SCHEDULE OF FEES CHAPTER 78. UTILITIES Article Ill. Service Rates, Deposits and Billing Procedures *** (b) Schedule of fees. *** (B) Schedule of Rates: 2016/17 2017/18 2018/19 2019/20 2020/2021 2022/23 2023/24 2024/25 2025/26 2026/27 Customer Charge per Bill All Classes $2.50 $2.69 $2.83 $2.98 $3.06 Readiness to Serve Charge per ERU Single-Family -7-1 —.7 $19.15 $21.07 $22.66 $23.80 $24.99 $25.62 City of Cape Canaveral Ordinance No. 16-2022 Page 2 of 4 Commercial 22.2 23 36 $23.95 $26.35 $28.33 $30.75 $31.24 $32.03 Public Buildings $19.15 $21.07 $22.66 $23.80 $24.99 $25.62 User Rate per 1,000 gallons Single-Family $6.88 $7.40 $7.77 $8.16 $8.37 Commercial 4 69 $8.57 $9.22 $9.69 $10.18 $10.44 Public Buildings 5-9 $6.88 $7.40 $7.77 $8.16 $8.37 Sewer Flat Rate Multifamily $32.82 Per residential unit $36.11 $38.82 $40.77 $42.81 $43.89 The sewer charges adopted above for 2022/23 shall be automatically adjusted annually by the amount stated in the rate schedule above. The annual adjustment shall be effective on October 1 of each year beginning with the first adjustment on October 1,2023 and ending with the last adjustment on October 1, 2026. Notwithstanding, the annual adjustment permitted under this rate schedule shall be subject to suspension or reduction by the City Council on an annual basis prior to the effective date of the automatic annual adjustment. Any suspension or reduction shall be based on the City Council's periodic evaluation of the financial management plan of the City's Sewer Utility System, particularly the updated revenue and expenses, as well as changes in economic conditions, water consumption, regulatory requirements and other factors. Section 3. Incorporation into Appendix B, Schedule of Fees. The fee schedule set forth in this Ordinance shall be incorporated into Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances and any section, paragraph number, letter or heading in Appendix B may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code, may be freely made. Section 4. Ratification of Previous Rates; Repeal of Prior Inconsistent Ordinances and Resolutions. All prior sewer rates and charges amended herein are hereby ratified as duly adopted and imposed. In addition, all prior inconsistent ordinances and resolutions adopted by City of Cape Canaveral Ordinance No. 16-2022 Page 3 of 4 the City Council, or prior ordinances or 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 Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date.This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. The rates established under this Ordinance for City fiscal year 2022/2023 shall be deemed effective on October 1, 2022. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of July, 2022. Wes Morrison, Mayor ATTEST: Name FOR AGAINST Kim Davis Mia Goforth, CMC, Mickie Kellum City Clerk Wes Morrison Angela Raymond Don Willis Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney First Reading: June 21, 2022 Advertisement: July 7, 2022 Final Reading: July 19, 2022 City of Cape Canaveral Ordinance No. 16-2022 Page 4 of 4 Phase 3 Administrative Rezonings Graphic Overview 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Ave. 146 and 148 Ocean Garden Lane (Bakersfield Sub) 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue 111,113,115,117 and 119 Harbor Drive Harbor Heights Townhouses Gizella Townhomes CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Ordinance No. 06-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 07-2022; adopting a City -initiated rezoning of multiple parcels of real property located at 146, 147, 156, 157, 166, 167, 176 and 177 Anchorage Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Phase III is the subject of the proposed ordinances. Specifically, property located on the west end of Anchorage Avenue. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land Use Map. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic, shifted to SR A1A where development continues to take place as a result of the Economic Opportunity Overlay District (FOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 7_ Page 2 of 3 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed revision to the City's Future Land Use Map is processed through the Comprehensive Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter 163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is considered) shall be considered by the Local Planning Agency and the City Council. Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and appropriate data and an analysis by the City to include (response in bold/italics): 1. An analysis of the availability of facilities and services; The proposed amendment will not adversely impact any level -of -service related facilities or services. Required municipal services are adjacent to the site or can be readily available. 2. An analysis of the suitability of the proposed plan amendment considering the character of the undeveloped land, soils, topography, natural resources and historical resources; The subject parcel is relatively level and consists of well -drained soils. There are no natural or historical resources on -site. 3. An analysis of the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan; The state does not want to see a City approving large- scale residential amendments without data showing the need and ability to accommodate the increased number of people. As the subject parcel is built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel is located within an established neighborhood and does not represent urban sprawl. In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the adjacent properties permit the construction of single and multi -family units, the proposed amendment is consistent with this policy. City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 7_ Page 3 of 3 The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. The Notice of Planning and Zoning Board and City Council Hearings was placed for advertisement in Florida Today on May 19, 2022. At its June 22, 2022 Meeting, the Planning and Zoning Board recommended approval of the subject Ordinances. Submitting Department Director: David Dickey Date: 7/12/22 Attachments: 1. Ordinance No. 06-2022 w/Exhibit "A" 2. Ordinance No. 07-2022 w/Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/12/22 The City Manager recommends the City Council take the following actions: 1. Approve Ordinance No. 06-2022 on first reading; and 2. Approve Ordinance No. 07-2022 on first reading. Approved by City Manager: Todd Morley Date: 7/12/22 Attachment 1 1 2 ORDINANCE NO. 06-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY LOCATED AT 146, 147, 156, 157, 166, 167, 176 AND 9 177 ANCHORAGE AVENUE, AND MORE PARTICULARLY 10 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" 11 ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO "R-2 12 RESIDENTIAL;" PROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 15 PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 06-2022 Page 1 of 3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and 46 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the 47 provisions of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City 50 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by 51 designating the real property legally described and depicted on Exhibit "A" from "C-1 52 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein 53 by this reference. 54 55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All 56 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 57 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 58 59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word 60 or provision of this Ordinance is for any reason held invalid or unconstitutional by any 61 court of competent jurisdiction, whether for substantive, procedural, or any other reason, 62 such portion shall be deemed a separate, distinct and independent provision, and such holding 63 shall not affect the validity of the remaining portions of this Ordinance. 64 65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of 66 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall 67 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or 68 paragraph number or letter and any heading may be changed or modified as necessary to 69 effectuate the foregoing. 70 71 Section 8. Effective Date and Legal Status of the Plan Amendment. The 72 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in 73 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) 74 days after adoption of this Ordinance, then this Ordinance shall become effective at such time 75 as the State Land Planning Agency or the Administration Commission issues a final order 76 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No 77 development orders, development permits, or land use dependent on this Amendment may be 78 issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 06-2022 Page 2 of 3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 , 2022. 84 85 86 87 88 Wes Morrison, Mayor 89 90 ATTEST: For Against 91 92 93 94 Mia Goforth, CMC Kim Davis 95 City Clerk 96 Mickie Kellum 97 98 Wes Morrison 99 100 Angela Raymond 101 102 Don Willis 103 104 Advertisement: May 19, 2022 105 LPA/Planning & Zoning Board: June 22, 2022 106 First Reading: July 19, 2022 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 City of Cape Canaveral Ordinance No. 06-2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. 06-2022 MOBILE HOMES Legend ROADWAYS ANCHORAGE AVE (RAO) Oak Ln W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA Attachment 2 1 2 ORDINANCE NO. 07-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED 6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY 7 LOCATED AT 146, 147, 156, 157, 166, 167, 176 AND 177 8 ANCHORAGE AVENUE FROM THEIR RESPECTIVE CURRENT 9 CITY C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT 10 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY 11 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING 12 THE PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE 13 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 14 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 16 SEVERABILITY AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 20 the State Constitution, to exercise any power for municipal purposes, except when 21 expressly prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive 24 evaluation and update of the City's Official Zoning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 27 Low Density Commercial but either have inconsistent existing residential uses or the C-1 28 designation is incompatible with the existing residential land use pattern surrounding the 29 subject property; and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium 32 Density Residential so that the zoning map designation is consistent with the existing residential 33 land uses and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density 38 Residential Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 07-2022 Page 1 of 3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City 26 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby 27 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District 28 for each of the real properties depicted and legally described on Exhibit "A" which is 29 attached and incorporated herein by this reference. City staff is hereby directed to promptly 30 amend the City's Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution 33 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance 34 in the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All 37 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of 38 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 07-2022 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 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become 8 effective immediately upon the effective date of Ordinance 06-2022 as adopted by the City 9 Council of the City of Cape Canaveral, Florida. If Ordinance 06-2022 does not become 10 effective, then this Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 , 2022. 14 15 16 Wes Morrison, Mayor 17 ATTEST: For Against 18 19 Kim Davis 20 21 Mia Goforth, CMC Mickie Kellum 22 City Clerk 23 Wes Morrison 24 25 Angela Raymond 26 27 Don Willis 28 Advertisement: May 19, 2022 29 Planning & Zoning Board: June 22, 2022 30 First Reading: July 19, 2022 31 Second Reading: 32 33 34 Approved as to legal form and sufficiency 35 for the City of Cape Canaveral only by: 36 37 38 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 07-2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. 07-2022 MOBILE HOMES Legend ROADWAYS ANCHORAGE AVE (RAO) Oak Ln W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Ordinance No. 08-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as Bakersfield Subdivision (fka a portion of Ocean Gardens) located on 146 and 148 Ocean Garden Lane, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading, first reading; and Ordinance No. 09-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as Bakersfield Subdivision (fka as a part of Ocean Gardens) located at 146 and 148 Ocean Garden Lane from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Phase III is the subject of the proposed ordinances. Specifically, property known as the Bakersfield Subdivision (146 and 148 Ocean Garden Lane). Please note that the two properties were to be included in the Ocean Gardens rezoning, but upon further review, the BCPAO notified staff that these particular parcels were platted under a different subdivision name (Bakersfield Subdivision). Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land Use Map. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic, shifted to SR A1A where development continues to take place as a result of the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 8_ Page 2 of 3 One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed revision to the City's Future Land Use Map is processed through the Comprehensive Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter 163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is considered) shall be considered by the Local Planning Agency and the City Council. Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and appropriate data and an analysis by the City to include (response in bold/italics): 1. An analysis of the availability of facilities and services; The proposed amendment will not adversely impact any level -of -service related facilities or services. Required municipal services are adjacent to the site or can be readily available. 2. An analysis of the suitability of the proposed plan amendment considering the character of the undeveloped land, soils, topography, natural resources and historical resources; The subject parcel is relatively level and consists of well -drained soils. There are no natural or historical resources on -site. 3. An analysis of the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan; The state does not want to see a City approving large- scale residential amendments without data showing the need and ability to accommodate the increased number of people. As the subject parcel is built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel is located within an established neighborhood and does not represent urban sprawl. City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 8_ Page 3 of 3 In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the adjacent properties permit the construction of single and multi -family units, the proposed amendment is consistent with this policy. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. The Notice of Planning and Zoning Board and City Council Hearings was placed for advertisement in Florida Today on May 19, 2022. At its June 22, 2022 Meeting, the Planning and Zoning Board recommended approval of the subject Ordinances. Submitting Department Director: David Dicke t Date: 7/12/22 Attachments: 1. Ordinance No. 08-2022 w/Exhibit "A" 2. Ordinance No. 09-2022 w/Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/12/22 The City Manager recommends the City Council take the following actions: 1. Approve Ordinance No. 08-2022 on first reading; and 2. Approve Ordinance No. 09-2022 on first reading. Approved by City Manager: Todd Morley Date: 7/12/22 Attachment 1 1 2 ORDINANCE NO. 08-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY GENERALLY KNOWN AS BAKERSFIELD 9 SUBDIVISION (FKA A PORTION OF OCEAN GARDENS) LOCATED 10 ON 146 AND 148 OCEAN GARDEN LANE, AND MORE 11 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 12 EXHIBIT "A" ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO 13 "R-2 RESIDENTIAL;" PROVIDING FOR THE REPEAL OF PRIOR 14 INCONSISTENT ORDINANCES AND RESOLUTIONS, 15 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 16 PLAN AND AN EFFECTIVE DATE. 17 18 WHEREAS, the future land use map amendment embodied in this Ordinance is a 19 small scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with 20 section 163.3187(1)(c), Florida Statutes; and 21 22 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 23 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on 24 the proposed Comprehensive Plan Amendment and considered findings and advice of staff, 25 citizens, and all interested parties submitting written and oral comments and has recommended 26 adoption to the City Council; and 27 28 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed 29 public hearing on the proposed amendment set forth hereunder and considered findings and 30 advice of staff, citizens, and all interested parties submitting written and oral comments and 31 supporting data and analysis, and after complete deliberation, hereby approves and 32 adopts the Comprehensive Plan Amendment set forth hereunder; and 33 34 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 35 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 36 37 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL 38 HEREBY ORDAINS, AS FOLLOWS: 39 City of Cape Canaveral Ordinance No. 08-2022 Page 1 of 3 40 Section 1. Recitals. The foregoing recitals are true and correct and are fully 41 incorporated herein by this reference. 42 43 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 44 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 45 46 Section 3. Purpose and Intent. It is hereby declared to be the purpose and 47 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the 48 provisions of the City of Cape Canaveral Comprehensive Plan. 49 50 Section 4. Adoption of Amendment to the Future Land Use Map. The City 51 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by 52 designating the real property legally described and depicted on Exhibit "A" from "C-1 53 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein 54 by this reference. 55 56 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All 57 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 58 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 59 60 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word 61 or provision of this Ordinance is for any reason held invalid or unconstitutional by any 62 court of competent jurisdiction, whether for substantive, procedural, or any other reason, 63 such portion shall be deemed a separate, distinct and independent provision, and such holding 64 shall not affect the validity of the remaining portions of this Ordinance. 65 66 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of 67 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall 68 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or 69 paragraph number or letter and any heading may be changed or modified as necessary to 70 effectuate the foregoing. 71 72 Section 8. Effective Date and Legal Status of the Plan Amendment. The 73 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in 74 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) 75 days after adoption of this Ordinance, then this Ordinance shall become effective at such time 76 as the State Land Planning Agency or the Administration Commission issues a final order 77 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No 78 development orders, development permits, or land use dependent on this Amendment may be issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan City of Cape Canaveral Ordinance No. 08-2022 Page 2 of 3 79 Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and 80 become a part of that plan and the Amendments shall have the legal status of the City of Cape 81 Canaveral Comprehensive Plan, as amended. 82 83 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 84 , 2022. 85 86 87 88 89 Wes Morrison, Mayor 90 91 ATTEST: For Against 92 93 94 95 Mia Goforth, CMC Kim Davis 96 City Clerk 97 Mickie Kellum 98 99 Wes Morrison 100 101 Angela Raymond 102 103 Don Willis 104 105 Advertisement: May 19, 2022 106 LPA/Planning & Zoning Board: June 22, 2022 107 First Reading: July 19, 2022 108 Second Reading: 109 110 111 Approved as to legal form and sufficiency 112 for the City of Cape Canaveral only by: 113 114 115 Anthony A. Garganese, City Attorney 116 117 City of Cape Canaveral Ordinance No. 08-2022 Page 3 of 3 EXHIBIT "A" Anchorage Ave ANCHORAGE AVE ORDINANCE NO. 08-2022 Legend ROADWAYS BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS) Oak Ln Ocean Garden Ln 1'e `AN GARDEN LN W E Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA Attachment 2 1 2 ORDINANCE NO. 09-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED 6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY 7 GENERALLY KNOWN AS BAKERSFIELD SUBDIVISION (FKA AS A 8 PART OF OCEAN GARDENS) LOCATED AT 146 AND 148 OCEAN 9 GARDEN LANE FROM THEIR RESPECTIVE CURRENT CITY C-1 10 LOW DENSITY COMMERCIAL ZONING DISTRICT DESIGNATION 11 TO THE CITY R-2 MEDIUM DENSITY RESIDENTIAL ZONING 12 DISTRICT DESIGNATION; PROVIDING THE PROPERTIES 13 SUBJECT TO THIS ORDINANCE ARE MORE PARTICULARLY 14 DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" 15 ATTACHED HERETO; PROVIDING FOR THE REPEAL OF PRIOR 16 INCONSISTENT ORDINANCES AND RESOLUTIONS, 17 SEVERABILITY AND AN EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 21 the State Constitution, to exercise any power for municipal purposes, except when 22 expressly prohibited by law; and 23 24 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive 25 evaluation and update of the City's Official Zoning Map; and 26 27 WHEREAS, several parcels of land, including the subject property, are zoned C-1 28 Low Density Commercial but either have inconsistent existing residential uses or the C-1 29 designation is incompatible with the existing residential land use pattern surrounding the 30 subject property; and 31 32 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium 33 Density Residential so that the zoning map designation is consistent with the existing residential 34 land uses and/or compatible with the surrounding residential land use pattern; and 35 36 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by 37 affording lands with existing residential uses a consistent residential zoning designation that will 38 allow such residential uses to continue to exist consistent with the R-2 Medium Density 39 Residential Zoning District regulations; and City of Cape Canaveral Ordinance No. 09-2022 Page 1 of 3 1 2 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 3 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 4 and 5 6 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 7 have recommended approval of this Ordinance; and 8 9 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 10 hearing on the proposed zoning change set forth hereunder and considered findings and advice 11 of staff, citizens, and all interested parties submitting written and oral comments and supporting 12 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 13 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 14 and substantial evidence supports the zoning change set forth hereunder; and 15 16 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 17 government purpose and is in the best interests of the public health, safety, and welfare of the 18 citizens of Cape Canaveral, Florida. 19 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 21 ORDAINS, AS FOLLOWS: 22 23 Section 1. Recitals. The foregoing recitals are true and correct and are fully 24 incorporated herein by this reference. 25 26 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City 27 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby 28 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District 29 for each of the real properties depicted and legally described on Exhibit "A" which is 30 attached and incorporated herein by this reference. City staff is hereby directed to promptly 31 amend the City's Official Zoning Map upon the effective date of this Ordinance. 32 33 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution 34 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance 35 in the Official Records of Brevard County, Florida. 36 37 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All 38 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of 39 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 09-2022 Page 2 of 3 1 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 6 the validity of the remaining portions of this Ordinance. 7 8 Section 6. Conditional Effective Date. This Ordinance shall become 9 effective immediately upon the effective date of Ordinance 08-2022 as adopted by the City 10 Council of the City of Cape Canaveral, Florida. If Ordinance 08-2022 does not become 11 effective, then this Ordinance shall become null and void. 12 13 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 14 , 2022. 15 16 17 Wes Morrison, Mayor 18 ATTEST: For Against 19 20 Kim Davis 21 22 Mia Goforth, CMC Mickie Kellum 23 City Clerk 24 Wes Morrison 25 26 Angela Raymond 27 28 Don Willis 29 Advertisement: May 19, 2022 30 Planning & Zoning Board: June 22, 2022 31 First Reading: July 19, 2022 32 Second Reading: 33 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 09-2022 Page 3 of 3 EXHIBIT "A" Anchorage Ave ANCHORAGE AVE ORDINANCE NO. 09-2022 Legend ROADWAYS BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS) Oak Ln Ocean Garden Ln 1'e `AN GARDEN LN W E Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Ordinance No. 10-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map designation of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" to "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 11-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Gizella Townhomes located on N. Atlantic Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Phase III is the subject of the proposed ordinances. Specifically, property known as Gizella Townhomes. Generally, two ordinances are proposed for each property, one to rezone and one to amend the Future Land Use Map. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic, shifted to SR A1A where development continues to take place as a result of the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 9_ Page 2 of 3 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed revision to the City's Future Land Use Map is processed through the Comprehensive Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter 163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is considered) shall be considered by the Local Planning Agency and the City Council. Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and appropriate data and an analysis by the City to include (response in bold/italics): 1. An analysis of the availability of facilities and services; The proposed amendment will not adversely impact any level -of -service related facilities or services. Required municipal services are adjacent to the site or can be readily available. 2. An analysis of the suitability of the proposed plan amendment considering the character of the undeveloped land, soils, topography, natural resources and historical resources; The subject parcel is relatively level and consists of well -drained soils. There are no natural or historical resources on -site. 3. An analysis of the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan; The state does not want to see a City approving large- scale residential amendments without data showing the need and ability to accommodate the increased number of people. As the subject parcel is built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel is located within an established neighborhood and does not represent urban sprawl. In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the adjacent properties permit the construction of single and multi -family units, the proposed amendment is consistent with this policy. City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 9_ Page 3 of 3 The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. The Notice of Planning and Zoning Board and City Council Hearings was placed for advertisement in Florida Today on May 19, 2022. At its June 22, 2022 Meeting, the Planning and Zoning Board recommended approval of the subject Ordinances. Submitting Department Director: David Dickey . a; Date: 7/12/22 Attachments: 1. Ordinance No. 10-2022 w/Exhibit "A" 2. Ordinance No. 11-2022 w/Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/12/22 The City Manager recommends the City Council take the following actions: 1. Approve Ordinance No. 10-2022 on first reading; and 2. Approve Ordinance No. 11-2022 on first reading. Approved by City Manager: Todd Morley Date: 7/12/22 Attachment 1 1 2 ORDINANCE NO. 10-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY GENERALLY KNOWN AS THE GIZELLA 9 TOWNHOMES LOCATED ON N. ATLANTIC AVENUE, AND MORE 10 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 11 EXHIBIT "A" ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO 12 "R-2 RESIDENTIAL;" PROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 15 PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 10-2022 Page 1 of 3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and 46 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the 47 provisions of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City 50 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by 51 designating the real property legally described and depicted on Exhibit "A" from "C-1 52 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein 53 by this reference. 54 55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All 56 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 57 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 58 59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word 60 or provision of this Ordinance is for any reason held invalid or unconstitutional by any 61 court of competent jurisdiction, whether for substantive, procedural, or any other reason, 62 such portion shall be deemed a separate, distinct and independent provision, and such holding 63 shall not affect the validity of the remaining portions of this Ordinance. 64 65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of 66 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall 67 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or 68 paragraph number or letter and any heading may be changed or modified as necessary to 69 effectuate the foregoing. 70 71 Section 8. Effective Date and Legal Status of the Plan Amendment. The 72 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in 73 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) 74 days after adoption of this Ordinance, then this Ordinance shall become effective at such time 75 as the State Land Planning Agency or the Administration Commission issues a final order 76 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No 77 development orders, development permits, or land use dependent on this Amendment may be 78 issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 10-2022 Page 2 of 3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 , 2022. 84 85 86 87 88 Wes Morrison, Mayor 89 90 ATTEST: For Against 91 92 93 94 Mia Goforth, CMC Kim Davis 95 City Clerk 96 Mickie Kellum 97 98 Wes Morrison 99 100 Angela Raymond 101 102 Don Willis 103 104 Advertisement: May 19, 2022 105 LPA/Planning & Zoning Board: June 22, 2022 106 First Reading: July 19, 2022 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 City of Cape Canaveral Ordinance No. 10-2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. 10-2022 Oak Manor Dr ra a Legend ROADWAYS GIZELLA TOWNHOMES z W 0,0 E Central Blvd d_N11~igi: 8I-VD 1- W E Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA Attachment 2 1 2 ORDINANCE NO. 11-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED 6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY 7 GENERALLY KNOWN AS THE GIZELLA TOWNHOMES LOCATED 8 ON N. ATLANTIC AVENUE FROM THEIR RESPECTIVE CURRENT 9 CITY C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT 10 DESIGNATION TO THE CITY R-2 MEDIUM DENSITY 11 RESIDENTIAL ZONING DISTRICT DESIGNATION; PROVIDING 12 THE PROPERTIES SUBJECT TO THIS ORDINANCE ARE MORE 13 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 14 EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE REPEAL 15 OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 16 SEVERABILITY AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 20 the State Constitution, to exercise any power for municipal purposes, except when 21 expressly prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive 24 evaluation and update of the City's Official Zoning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 27 Low Density Commercial but either have inconsistent existing residential uses or the C-1 28 designation is incompatible with the existing residential land use pattern surrounding the 29 subject property; and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium 32 Density Residential so that the zoning map designation is consistent with the existing residential 33 land uses and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density 38 Residential Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 11-2022 Page 1 of 3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City 26 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby 27 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District 28 for each of the real properties depicted and legally described on Exhibit "A" which is 29 attached and incorporated herein by this reference. City staff is hereby directed to promptly 30 amend the City's Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution 33 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance 34 in the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All 37 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of 38 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 11-2022 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 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become 8 effective immediately upon the effective date of Ordinance 10-2022 as adopted by the City 9 Council of the City of Cape Canaveral, Florida. If Ordinance 10-2022 does not become 10 effective, then this Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 , 2022. 14 15 16 Wes Morrison, Mayor 17 ATTEST: For Against 18 19 Kim Davis 20 21 Mia Goforth, CMC Mickie Kellum 22 City Clerk 23 Wes Morrison 24 25 Angela Raymond 26 27 Don Willis 28 Advertisement: May 19, 2022 29 Planning & Zoning Board: June 22, 2022 30 First Reading: July 19, 2022 31 Second Reading: 32 33 34 Approved as to legal form and sufficiency 35 for the City of Cape Canaveral only by: 36 37 38 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 11-2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. 11-2022 Oak Manor Dr ra a Legend ROADWAYS GIZELLA TOWNHOMES 0,0 E Central Blvd d_N11~igi: 8I-VD 1- W E Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 10 Subject: Ordinance No. 12-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use map designation of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" To "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 13-2022; adopting a City -initiated rezoning of multiple parcels of real property generally known as the Harbor Heights Townhouses and located at 111, 113, 115, 117 and 119 Harbor Drive from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning District designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Phase III is the subject of the proposed ordinances. Specifically, property known as Harbor Heights Townhouses. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land Use Map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic shifted to SR A1A where development has continued to take place as a result of the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 10 Page 2 of 3 in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed revision to the City's Future Land Use Map is processed through the Comprehensive Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter 163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is considered) shall be considered by the Local Planning Agency and the City Council. Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and appropriate data and an analysis by the City to include (response in bold/italics): 1. An analysis of the availability of facilities and services; The proposed amendment will not adversely impact any level -of -service related facilities or services. Required municipal services are adjacent to the site or can be readily available. 2. An analysis of the suitability of the proposed plan amendment considering the character of the undeveloped land, soils, topography, natural resources and historical resources; The subject parcel is relatively level and consists of well -drained soils. There are no natural or historical resources on -site. 3. An analysis of the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan; The state does not want to see a City approving large- scale residential amendments without data showing the need and ability to accommodate the increased number of people. As the subject parcel is built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel is located within an established neighborhood and does not represent urban sprawl. In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 10 Page 3 of 3 adjacent properties permit the construction of single and multi -family units, the proposed amendment is consistent with this policy. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. The Notice of Planning and Zoning Board and City Council Hearings was placed for advertisement in Florida Today on May 19, 2022. At its June 22, 2022 Meeting, the Planning and Zoning Board recommended approval of the subject Ordinances. Submitting Department Director: David Dicke Date: 7/12/22 Attachments: 1. Ordinance No. 12-2022 w/Exhibit "A" 2. Ordinance No. 13-2022 w/Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/12/22 The City Manager recommends the City Council take the following actions: 1. Approve Ordinance No. 12-2022 on first reading; and 2. Approve Ordinance No. 13-2022 on first reading. Approved by City Manager: Todd Morley Date: 7/12/22 Attachment 1 1 2 ORDINANCE NO. 12-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY GENERALLY KNOWN AS THE HARBOR HEIGHTS 9 TOWNHOUSES AND LOCATED AT 111, 113, 115, 117 AND 119 10 HARBOR DRIVE, AND MORE PARTICULARLY DEPICTED AND 11 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, 12 FROM "C-1 COMMERCIAL" TO "R-2 RESIDENTIAL;" PROVIDING 13 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 14 RESOLUTIONS, SEVERABILITY, INCORPORATION INTO THE 15 COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 12-2022 Page 1 of 3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and 46 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the 47 provisions of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City 50 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by 51 designating the real property legally described and depicted on Exhibit "A" from "C-1 52 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein 53 by this reference. 54 55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All 56 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 57 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 58 59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word 60 or provision of this Ordinance is for any reason held invalid or unconstitutional by any 61 court of competent jurisdiction, whether for substantive, procedural, or any other reason, 62 such portion shall be deemed a separate, distinct and independent provision, and such holding 63 shall not affect the validity of the remaining portions of this Ordinance. 64 65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of 66 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall 67 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or 68 paragraph number or letter and any heading may be changed or modified as necessary to 69 effectuate the foregoing. 70 71 Section 8. Effective Date and Legal Status of the Plan Amendment. The 72 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in 73 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) 74 days after adoption of this Ordinance, then this Ordinance shall become effective at such time 75 as the State Land Planning Agency or the Administration Commission issues a final order 76 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No 77 development orders, development permits, or land use dependent on this Amendment may be 78 issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 12-2022 Page 2 of 3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 , 2022. 84 85 86 87 88 Wes Morrison, Mayor 89 90 ATTEST: For Against 91 92 93 94 Mia Goforth, CMC Kim Davis 95 City Clerk 96 Mickie Kellum 97 98 Wes Morrison 99 100 Angela Raymond 101 102 Don Willis 103 104 Advertisement: May 19, 2022 105 LPA/Planning & Zoning Board: June 22, 2022 106 First Reading: July 19, 2022 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 City of Cape Canaveral Ordinance No. 12-2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. 12-•022 Oak Ln Legend ROADWAYS HARBOR HEIGHTS TOWNHOUSES Ocean Woods Blvd S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA Attachment 2 1 2 ORDINANCE NO. 13-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED 6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY 7 GENERALLY KNOWN AS THE HARBOR HEIGHTS TOWNHOUSES 8 AND LOCATED AT 111, 113, 115, 117 AND 119 HARBOR DRIVE 9 FROM THEIR RESPECTIVE CURRENT CITY C-1 LOW DENSITY 10 COMMERCIAL ZONING DISTRICT DESIGNATION TO THE CITY 11 R-2 MEDIUM DENSITY RESIDENTIAL ZONING DISTRICT 12 DESIGNATION; PROVIDING THE PROPERTIES SUBJECT TO 13 THIS ORDINANCE ARE MORE PARTICULARLY DEPICTED AND 14 LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; 15 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 16 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN 17 EFFECTIVE DATE. 18 19 20 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 21 the State Constitution, to exercise any power for municipal purposes, except when 22 expressly prohibited by law; and 23 24 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive 25 evaluation and update of the City's Official Zoning Map; and 26 27 WHEREAS, several parcels of land, including the subject property, are zoned C-1 28 Low Density Commercial but either have inconsistent existing residential uses or the C-1 29 designation is incompatible with the existing residential land use pattern surrounding the 30 subject property; and 31 32 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium 33 Density Residential so that the zoning map designation is consistent with the existing residential 34 land uses and/or compatible with the surrounding residential land use pattern; and 35 36 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by 37 affording lands with existing residential uses a consistent residential zoning designation that will 38 allow such residential uses to continue to exist consistent with the R-2 Medium Density 39 Residential Zoning District regulations; and City of Cape Canaveral Ordinance No. 13-2022 Page 1 of 3 1 2 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 3 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 4 and 5 6 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 7 have recommended approval of this Ordinance; and 8 9 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 10 hearing on the proposed zoning change set forth hereunder and considered findings and advice 11 of staff, citizens, and all interested parties submitting written and oral comments and supporting 12 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 13 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 14 and substantial evidence supports the zoning change set forth hereunder; and 15 16 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 17 government purpose and is in the best interests of the public health, safety, and welfare of the 18 citizens of Cape Canaveral, Florida. 19 20 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 21 ORDAINS, AS FOLLOWS: 22 23 Section 1. Recitals. The foregoing recitals are true and correct and are fully 24 incorporated herein by this reference. 25 26 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City 27 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby 28 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District 29 for each of the real properties depicted and legally described on Exhibit "A" which is 30 attached and incorporated herein by this reference. City staff is hereby directed to promptly 31 amend the City's Official Zoning Map upon the effective date of this Ordinance. 32 33 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution 34 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance 35 in the Official Records of Brevard County, Florida. 36 37 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All 38 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of 39 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 13-2022 Page 2 of 3 1 2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 6 the validity of the remaining portions of this Ordinance. 7 8 Section 6. Conditional Effective Date. This Ordinance shall become 9 effective immediately upon the effective date of Ordinance 12-2022 as adopted by the City 10 Council of the City of Cape Canaveral, Florida. If Ordinance 12-2022 does not become 11 effective, then this Ordinance shall become null and void. 12 13 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 14 , 2022. 15 16 17 Wes Morrison, Mayor 18 ATTEST: For Against 19 20 Kim Davis 21 22 Mia Goforth, CMC Mickie Kellum 23 City Clerk 24 Wes Morrison 25 26 Angela Raymond 27 28 Don Willis 29 Advertisement: May 19, 2022 30 Planning & Zoning Board: June 22, 2022 31 First Reading: July 19, 2022 32 Second Reading: 33 34 35 Approved as to legal form and sufficiency 36 for the City of Cape Canaveral only by: 37 38 39 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 13-2022 Page 3 of 3 EXHIBIT "A" ORDINANCE NO. 13-4022 Oak Ln Legend ROADWAYS HARBOR HEIGHTS TOWNHOUSES Ocean Woods Blvd S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 11 Subject: Ordinance No. 14-2022; adopting a small scale Future Land Use map amendment by changing the Future Land Use Map Designation of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue, and more particularly depicted and legally described on exhibit "A" attached hereto, from "C-1 Commercial" To "R-2 Residential;" providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, first reading; and Ordinance No. 15-2022; adopting a City -initiated rezoning of multiple parcels of real property located on 8801, 8803, and 8805 Sea Shell Lane and 8802 and 8804 N. Atlantic Avenue from their respective current City C-1 Low Density Commercial Zoning District designation to the City R-2 Medium Density Residential Zoning district designation; providing the properties subject to this Ordinance are more particularly depicted and legally described on exhibit "A" attached hereto; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. Department: Community and Economic Development Summary: On January 8, 2019, the City held a public workshop to discuss the more than 700 properties within the City improved with a residential structure, but zoned commercial. City Code prohibits residential structures in commercial zoning districts. These structures are considered nonconforming and should one of them be destroyed, restrictions associated with nonconforming properties would apply. In consultation with the City Attorney, Staff proposes to rezone the identified properties in phases. Phase I (December 2020) included government -owned Conservation or Public/Recreation properties. Phase II (December 2021) included a number of residentially developed properties zoned commercial. Phase III is the subject of the proposed ordinances. Specifically, property located on N. Atlantic Avenue and Sea Shell Lane. Generally, two ordinances are proposed for each property, one to rezone the property and one to amend the Future Land Use Map for each property. Background: A review of the City's historical maps shows that much of the zoning within the North Atlantic corridor has not changed since the City's incorporation in the early 1960's. Historically, North Atlantic Avenue was the City's primary north -south traffic artery and as such, commercial zoning was located along the route. However, when SR A1A (Astronaut Boulevard) was constructed, the traffic patterns changed and North Atlantic Avenue no longer functioned as the primary traffic route. Much of the commercial zoning along it became obsolete/unnecessary as the expansion of commercial uses, and commercial traffic, shifted to SR A1A where development continues to take place via the Economic Opportunity Overlay District (EOOD). Furthermore, there has been a concerted effort via the North Atlantic Streetscape project, to slow traffic along the corridor to foster a more residential and pedestrian -friendly environment. One of the actions the City took to address this shift in land use was to allow (through the special exception process) residential development within the commercial zoning districts. However, over time, this resulted in a patchwork of residential and commercial uses throughout the corridor and City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 11 Page 2 of 3 in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 (Ordinance 02-2016), when the City Council revised Code by removing residential development from the list of possible special exception uses in the C-1 district. Furthermore, a review of the Comprehensive Plan's Future Land Use (FLU) Element, GOAL LU-1 states that the "overall goal for the City of Cape Canaveral for future land use is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to maximize the efficient use of land, accessibility to the circulation system and general compatibility among the land uses". In order to reduce inconsistent zoning and/or future land use designations, the City is proposing to reclassify the properties contained in Attachments 1 and 2 from C-1 commercial to R-2 residential. The intent of the R-2 medium density residential district is to "apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development". This is important to note since the previous special exception provision required residential structures built in the C-1 to comply with the regulations of the R-2 district. The proposed revision to the City's Future Land Use Map is processed through the Comprehensive Plan amendment process established in Chapter 163 of the Florida Statutes. As indicated in Chapter 163.3187 F.S., a small scale comprehensive plan amendment (which the subject request is considered) shall be considered by the Local Planning Agency and the City Council. Chapter 163.3177 F.S. in general states that all plan amendments must be based upon relevant and appropriate data and an analysis by the City to include (response in bold/italics): 1. An analysis of the availability of facilities and services; The proposed amendment will not adversely impact any level -of -service related facilities or services. Required municipal services are adjacent to the site or can be readily available. 2. An analysis of the suitability of the proposed plan amendment considering the character of the undeveloped land, soils, topography, natural resources and historical resources; The subject parcel is relatively level and consists of well -drained soils. There are no natural or historical resources on -site. 3. An analysis of the minimum amount of land needed to achieve the goals and requirements of the Comprehensive Plan; The state does not want to see a City approving large- scale residential amendments without data showing the need and ability to accommodate the increased number of people. As the subject parcel is built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel is located within an established neighborhood and does not represent urban sprawl. In addition, the City's Comprehensive Plan, consistent with Chapter 163.3177 F.S., includes a policy that requires development to be compatible with adjacent land uses (Policy LU-1.3.2). As the City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 11 Page 3 of 3 adjacent properties permit the construction of single and multi -family units, the proposed amendment is consistent with this policy. The proposed ordinances represent the next step in the overall comprehensive strategy to address the over 700 nonconforming properties in the City. Each parcel has been evaluated to determine its current use, long-term sustainability and sound land planning principles. These changes provide consistent designations for the affected properties in terms of land -use patterns and relationships. The Notice of Planning and Zoning Board and City Council Hearings was placed for advertisement in Florida Today on May 19, 2022. At its June 22, 2022 Meeting, the Planning and Zoning Board recommended approval of the subject Ordinances. Submitting Department Director: David Dickey Date: 7/12/22 Attachments: 1. Ordinance No. 14-2022 w/Exhibit "A" 2. Ordinance No. 15-2022 w/Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/12/22 The City Manager recommends the City Council take the following actions: 1. Approve Ordinance No. 14-2022 on first reading; and 2. Approve Ordinance No. 15-2022 on first reading. Approved by City Manager: Todd Morley Date: 7/12/22 Attachment 1 1 2 ORDINANCE NO. 14-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A SMALL SCALE FUTURE 6 LAND USE MAP AMENDMENT BY CHANGING THE FUTURE 7 LAND USE MAP DESIGNATION OF MULTIPLE PARCELS OF REAL 8 PROPERTY LOCATED ON 8801, 8803, AND 8805 SEA SHELL 9 LANE AND 8802 AND 8804 N. ATLANTIC AVENUE, AND MORE 10 PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON 11 EXHIBIT "A" ATTACHED HERETO, FROM "C-1 COMMERCIAL" TO 12 "R-2 RESIDENTIAL;" PROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, 14 SEVERABILITY, INCORPORATION INTO THE COMPREHENSIVE 15 PLAN AND AN EFFECTIVE DATE. 16 17 WHEREAS, the future land use map amendment embodied in this Ordinance is a small 18 scale amendment to the City of Cape Canaveral Comprehensive Plan in accordance with section 19 163.3187(1)(c), Florida Statutes; and 20 21 WHEREAS, the Local Planning Agency of the City of Cape Canaveral held a duly noticed 22 public hearing, in accordance with the procedures in Chapter 163, Part II, Florida Statutes, on the 23 proposed Comprehensive Plan Amendment and considered findings and advice of staff, citizens, 24 and all interested parties submitting written and oral comments and has recommended adoption 25 to the City Council; and 26 27 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 28 hearing on the proposed amendment set forth hereunder and considered findings and advice of 29 staff, citizens, and all interested parties submitting written and oral comments and supporting 30 data and analysis, and after complete deliberation, hereby approves and adopts the 31 Comprehensive Plan Amendment set forth hereunder; and 32 33 WHEREAS, the City Council of the City of Cape Canaveral hereby finds that this Ordinance 34 is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 35 36 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 37 ORDAINS, AS FOLLOWS: 38 39 Section 1. Recitals. The foregoing recitals are true and correct and are fully City of Cape Canaveral Ordinance No. 14-2022 Page 1 of 3 40 incorporated herein by this reference. 41 42 Section 2. Authority. This Ordinance is adopted in compliance with, and pursuant 43 to, the Local Government Comprehensive Planning and Land Development Regulations Act. 44 45 Section 3. Purpose and Intent. It is hereby declared to be the purpose and 46 intent of this Ordinance to clarify, expand, correct, update, modify and otherwise further the 47 provisions of the City of Cape Canaveral Comprehensive Plan. 48 49 Section 4. Adoption of Amendment to the Future Land Use Map. The City 50 of Cape Canaveral Comprehensive Plan, Future Land Use Map, is hereby amended by 51 designating the real property legally described and depicted on Exhibit "A" from "C-1 52 Commercial" to "R-2 Residential." Exhibit "A" is attached hereto and fully incorporated herein 53 by this reference. 54 55 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All 56 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior 57 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 58 59 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word 60 or provision of this Ordinance is for any reason held invalid or unconstitutional by any 61 court of competent jurisdiction, whether for substantive, procedural, or any other reason, 62 such portion shall be deemed a separate, distinct and independent provision, and such holding 63 shall not affect the validity of the remaining portions of this Ordinance. 64 65 Section 7. Incorporation into Comprehensive Plan. Upon the effective date of 66 the Comprehensive Plan Amendment adopted by this Ordinance, said Amendment shall 67 be incorporated into the City of Cape Canaveral Comprehensive Plan and any section or 68 paragraph number or letter and any heading may be changed or modified as necessary to 69 effectuate the foregoing. 70 71 Section 8. Effective Date and Legal Status of the Plan Amendment. The 72 effective date of this Ordinance shall take effect thirty-one (31) days after adoption, in 73 accordance with section 163.3187(5)(c), Florida Statutes, unless challenged within thirty (30) 74 days after adoption of this Ordinance, then this Ordinance shall become effective at such time 75 as the State Land Planning Agency or the Administration Commission issues a final order 76 determining the adopted small scale Comprehensive Plan Amendment is in compliance. No 77 development orders, development permits, or land use dependent on this Amendment may be 78 issued or commenced before it has become effective. After and from the effective date of this Amendment, the Comprehensive Plan Amendment set forth herein shall amend the City of Cape Canaveral Comprehensive Plan and City of Cape Canaveral Ordinance No. 14-2022 Page 2 of 3 79 become a part of that plan and the Amendments shall have the legal status of the City of Cape 80 Canaveral Comprehensive Plan, as amended. 81 82 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 83 , 2022. 84 85 86 87 88 Wes Morrison, Mayor 89 90 ATTEST: For Against 91 92 93 94 Mia Goforth, CMC Kim Davis 95 City Clerk 96 Mickie Kellum 97 98 Wes Morrison 99 100 Angela Raymond 101 102 Don Willis 103 104 Advertisement: May 19, 2022 105 LPA/Planning & Zoning Board: June 22, 2022 106 First Reading: July 19, 2022 107 Second Reading: 108 109 110 Approved as to legal form and sufficiency 111 for the City of Cape Canaveral only by: 112 113 114 Anthony A. Garganese, City Attorney 115 116 City of Cape Canaveral Ordinance No. 14-2022 Page 3 of 3 Beach Park Ln EXHIBIT "A" ORDINANCE NO. 14-2 22 Anchorage Ave Oak Ln Harbor Dr Legend ROADWAYS N ATLANTIC AVE & SEA SHELL LN .. Elizabeth Ln J —J ci7 -; BFACH PAR co'la91 E Brevar l County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA Attachment 2 1 2 ORDINANCE NO. 15-2022 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 5 CANAVERAL, FLORIDA; ADOPTING A CITY -INITIATED 6 REZONING OF MULTIPLE PARCELS OF REAL PROPERTY 7 LOCATED ON 8801, 8803, AND 8805 SEA SHELL LANE AND 8 8802 AND 8804 N. ATLANTIC AVENUE FROM THEIR 9 RESPECTIVE CURRENT CITY C-1 LOW DENSITY COMMERCIAL 10 ZONING DISTRICT DESIGNATION TO THE CITY R-2 MEDIUM 11 DENSITY RESIDENTIAL ZONING DISTRICT DESIGNATION; 12 PROVIDING THE PROPERTIES SUBJECT TO THIS ORDINANCE 13 ARE MORE PARTICULARLY DEPICTED AND LEGALLY 14 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING 15 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 16 RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 20 the State Constitution, to exercise any power for municipal purposes, except when 21 expressly prohibited by law; and 22 23 WHEREAS, the City of Cape Canaveral is currently conducting a comprehensive 24 evaluation and update of the City's Official Zoning Map; and 25 26 WHEREAS, several parcels of land, including the subject property, are zoned C-1 27 Low Density Commercial but either have inconsistent existing residential uses or the C-1 28 designation is incompatible with the existing residential land use pattern surrounding the 29 subject property; and 30 31 WHEREAS, the City Council desires to rezone the subject property to R-2 Medium 32 Density Residential so that the zoning map designation is consistent with the existing residential 33 land uses and/or compatible with the surrounding residential land use pattern; and 34 35 WHEREAS, the City Council further desires to eliminate non -conforming uses of land by 36 affording lands with existing residential uses a consistent residential zoning designation that will 37 allow such residential uses to continue to exist consistent with the R-2 Medium Density 38 Residential Zoning District regulations; and 39 City of Cape Canaveral Ordinance No. 15-2022 Page 1 of 3 1 WHEREAS, sections 110-34 and 110-35 of the City Code provides a procedure and 2 requirements for the City to consider a rezoning of real property within the City of Cape Canaveral; 3 and 4 5 WHEREAS, the Planning and Zoning Board at a duly held public meeting and City Staff 6 have recommended approval of this Ordinance; and 7 8 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 9 hearing on the proposed zoning change set forth hereunder and considered findings and advice 10 of staff, citizens, and all interested parties submitting written and oral comments and supporting 11 data and analysis, and after complete deliberation, hereby finds the requested zoning change is 12 consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, 13 and substantial evidence supports the zoning change set forth hereunder; and 14 15 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 16 government purpose and is in the best interests of the public health, safety, and welfare of the 17 citizens of Cape Canaveral, Florida. 18 19 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 20 ORDAINS, AS FOLLOWS: 21 22 Section 1. Recitals. The foregoing recitals are true and correct and are fully 23 incorporated herein by this reference. 24 25 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City 26 of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby 27 amended from C-1 Low Density Commercial District to R-2 Medium Density Residential District 28 for each of the real properties depicted and legally described on Exhibit "A" which is 29 attached and incorporated herein by this reference. City staff is hereby directed to promptly 30 amend the City's Official Zoning Map upon the effective date of this Ordinance. 31 32 Section 3. City Clerk to Record Ordinance. Upon adoption and full execution 33 of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance 34 in the Official Records of Brevard County, Florida. 35 36 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All 37 prior inconsistent ordinances and resolutions adopted by the City Council, or parts of 38 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 39 City of Cape Canaveral Ordinance No. 15-2022 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 4 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 5 the validity of the remaining portions of this Ordinance. 6 7 Section 6. Conditional Effective Date. This Ordinance shall become 8 effective immediately upon the effective date of Ordinance 14-2022 as adopted by the City 9 Council of the City of Cape Canaveral, Florida. If Ordinance 14-2022 does not become 10 effective, then this Ordinance shall become null and void. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 , 2022. 14 15 16 Wes Morrison, Mayor 17 ATTEST: For Against 18 19 Kim Davis 20 21 Mia Goforth, CMC Mickie Kellum 22 City Clerk 23 Wes Morrison 24 25 Angela Raymond 26 27 Don Willis 28 Advertisement: May 19, 2022 29 Planning & Zoning Board: June 22, 2022 30 First Reading: July 19, 2022 31 Second Reading: 32 33 34 Approved as to legal form and sufficiency 35 for the City of Cape Canaveral only by: 36 37 38 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 15-2022 Page 3 of 3 Beach Park Ln EXHIBIT "A" ORDINANCE NO. 15-2 Anchorage Ave Oak Ln 22 Harbor Dr Legend ROADWAYS N ATLANTIC AVE & SEA SHELL LN .. Elizabeth Ln J —J ci7 -; BFACH PAR co'la91 E Brevar l County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 12 Subject: Consideration and final action on the Code Enforcement Special Magistrate's Report and Recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue. Department: Community and Economic Development Summary: At the May 24, 2022 Code Enforcement Special Magistrate (SM) hearing, Case No. 2017- 179 was presented and considered by the SM. The application was for a Reduction of Code Enforcement Lien for property located at 321 Johnson Avenue, owned by Oceanside Palms, Inc., C/O Jeffery Wells, Manager. In his Report and Recommendation, the SM recommends that the City Council deny the request for lien reduction (Attachment 1). Background • September 20, 2017 - a City building permit was applied for to repair structural truss components due to Hurricane Irma. However, the permit was not processed as these type of improvements required engineered drawings, which were not provided. • September 26, 2017 - City Staff observed the replacement of roof trusses without a permit or required engineered drawings. • September 27, 2017 - the City placed a Stop Work Order on the property. • November 27, 2017 - a second Stop Work Order was placed on the property as the first one had been removed and there was continued non -permitted work. • February 5, 2018 — City issued Permit #18-0508 for emergency, temporary repair work to the damaged portion of the roof (on August 4, 2018, this permit expired without Applicant requesting or obtaining a final inspection). • April 23, 2018 — Staff was notified that the roof had collapsed in Unit A-10, which is located directly beneath the roof partially repaired without a permit. Tarpaper had been installed, however, no shingles were installed in the seven months since the hurricane. • April 24, 2018 — Staff met with applicant to inform them that work associated with the permit had not been completed. • June 6, 2018 — Staff received another complaint about an additional roof collapse in another unit. • July 11, 2018 — City issued Permit #18-1467 for roofing repairs/work. This does not include repair and replacement of the trusses. • July 19, 2018 — Code Enforcement Board (Board) met to consider the alleged violations. • August 1, 2018 — permit application for the truss replacement/repair (including engineered drawings) was submitted • August 7, 2018 - Board issued its Order finding in favor of the City and immediately imposed a $75/day fine. • August 7, 2019 — Permit #18-1684 was finaled. • August 10, 2018 — Order was recorded thereby establishing a lien against the property. • August 23, 2018 - Permit #18-1684 was issued for truss replacement/repair. • November 7, 2018 — applicant sued the City claiming constitutional violations of due process, equal protection, etc. The City prevailed in having the claims dismissed. • January 31, 2022 — City and applicant entered into a Settlement Agreement and Mutual General Releases (Attachment 2), whereby applicant dismissed all lawsuits with prejudice and agreed to pay City $50,000.00. Note that the Agreement did not release the Applicant City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 12 Page 2 of 3 from the City's code enforcement lien or limit applicant from requesting a reduction/release of said lien. • April 11, 2022, - applicant submitted an application for lien reduction consistent with Section 2-260 of City Code. As of April 16, 2021, the lien had accrued to $75,150.00. • May 24, 2022 — SM conducted hearing to consider applicant's request for a lien reduction. • June 24, 2022 — SM issued Report and Recommendations, wherein he recommended that the request for a lien reduction to $1,000.00 be denied. Section 2-260 of City Code establishes criteria for City Council in evaluating applications for lien reductions. They are as follows: 1. The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; 2. The gravity and number of the violation(s); 3. The amount of the requested reduction; 4. The time in which it took to bring the property into compliance; 5. Whether the applicant was responsible for the violation which caused the lien; 6. Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non -transient basis, or whether the property is or will be acquired for investment or other purposes; 7. Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; 8. The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; 9. With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; 10. Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; 11. Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; 12. Any relevant information contained in any title policy required to be submitted to the city under this section; 13. Any financial hardship; 14. Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and 15. Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. City of Cape Canaveral City Council Meeting • July 19, 2022 Agenda Item # 12 Page 3 of 3 In the attached report (pages 18-28), the SM addresses the criteria and provides a detailed response on each. Per Section 2-260 of City Code, the SM shall render a written recommendation to the City Council based on findings of fact and law. The Code further states that the Council shall give considerable weight to the written recommendation of the SM. In his conclusion (page 28), the SM states: "For all of the foregoing reasons, principally the gravity of the offenses and the fact that the City could not have legally conducted and approved of a final inspection on an expired permit, the Special Magistrate recommends that the City Council deny the application for lien reduction or release." Submitting Department Director: David Dickey Date: 7/11/22 Attachments: fi Attachment 1 - Report and Recommendation of the Special Magistrate Attachment 2 - Settlement Agreement and Mutual General Releases Financial Impact: Staff time and effort to prepare this agenda item. Should the Council approve the recommendation, approximately $74,150 of code enforcement liens shall be payable to the City. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/11/22 The City Manager recommends the City Council take the`following action: Consideration and final action on the Code Enforcement Special Magistrate's Report and Recommendation regarding a request for a lien reduction for violations at 321 Johnson Avenue. Approved by City Manager: Todd Morley Date: 7/11/22 SPECIAL MAGISTRATE OF THE CITY OF CAPE CANAVERAL Code Enforcement Case: #17-179 Application for Lien Reduction/Release In re Jeffrey W. Wells and Oceanside Palms, LLC, Applicants. REPORT AND RECOMMENDATION OF THE SPECIAL MAGISTRATE The Special Magistrate of the City of Cape Canaveral submits this Report and Recommendation to the City Council on the Application for Lien Release or Reduction of Code Enforcement Lien by Oceanside Palms, LLC and Jeffery W. Wells (the "Applicants"), owners of the Oceanside Palms property at 321 Johnson Avenue, Cape Canaveral, Florida 32920. I. EXECUTIVE SUMMARY Hurricane Irma struck the City of Cape Canaveral on September 10, 2017, resulting in severe damage to Oceanside Palms, a two-story condominium and rental complex. In the ensuing months, delays in submitting a complete application for a construction permit to repair and rebuild the northeast building's roof resulted in water intrusion during rainstorms. Water damage became so severe that ceilings in some units, including Unit A-10, caved -in. Ten months after the hurricane, on July 19, 2018, the Code Enforcement Board found violations of the Florida Building Code and International Property Maintenance Code (both incorporated into the City Code), including for construction without a building permit and in violation of two Stop Work orders. No one disputes that, by April 16, 2021, the $75.00 daily fines assessed by the Code Board had accrued to $75,150.00. In the instant proceeding, the Applicants Page 1 of 28 seek release or reduction of the Code Enforcement lien. For the reasons that follow, the City Council should deny the application. The Applicants seek a lien reduction or release based on their contention that the final plumbing inspection on Unit A-10, under Permit #18-1580 (the "Plumbing Permit"), actually occurred on February 19, 2019, a month after they had leased the unit and allowed a tenant to move -in. The Applicants contend the fines should have ceased on that date, when the City's own records indicate a final inspection was scheduled.' The City denies that a final inspection occurred on February 19, 2019, because the Plumbing Permit expired on February 6, 2019, and the City's computer system would not have allowed scheduling of a final inspection on an expired permit. Nor would staff have conducted and passed a final inspection on an expired permit. The City contends that the February 19, 2019 date showing a "scheduled" final inspection in its records reflects corrupted data, a computer conversion date inserted during the conversion into the "Final Inspection" fields. Permit 18-1579, for soffit repairs at Oceanside Palms (the "Soffit Repair Permit"), expired without a final inspection on February 6, 2019 (the same expiration date as the Plumbing Permit). The City reopened the Soffit Repair Permit on Applicants' request on April 12, 2021, and closed it after a final inspection more than two years after the hurricane, on April 15, 2021. Applicants had a duty to ensure that their contractors, in this case, their own affiliated construction company, pulled all permits, requested, and obtained all inspections required under the Building Code. Applicants entered no documentary evidence into the record as to when their construction affiliate 'Applicants' Exhibit 1. Page 2 of 28 completed any repairs —either the plumbing for Unit A-10 or the roof soffit. During the Code Board hearing, the Applicants' property manager testified that the construction contract had no completion date.2 Regardless of when the final inspection on the Plumbing Permit occurred, Applicants did not follow the procedure set forth in the Code Board's Order to stop fines from accruing. Applicants had a duty to inform the Code Officer that they had corrected the violations. A mere request to the Building Department for a final inspection (that the City could not have lawfully approved on an expired permit) was insufficient to stop the accrual of fines under the Order's explicit terms. The City's Ordinance on lien reduction and releases requires consideration of the gravity of the violations. Applicants performed construction without submitting engineering drawings, without obtaining building permits, and in defiance of two Stop Work orders, endangering public health, safety, and welfare. Applicants' actions and omissions resulted in appalling living conditions for the residents in the affected units. Applicants did not express remorse for their unpermitted construction, for their defiance of two Stop Work orders, for the consequent construction delays, or for the substandard living conditions afflicting their residents. The City Council should not reward misconduct of this sort and should instead deny the application. II. THE FINDINGS OF FACT Based on the exhibits and testimony, including facts established at the Code Board's July 2 Transcript, p. 75 (City's Exhibit 2). Page 3 of 28 19, 2018 hearing,3 the Special Magistrate makes the following Findings of Fact:4 A. Applicants' Unpermitted Construction 1. Hurricane Irma struck the City of Cape Canaveral on September 10, 2017, resulting in severe damage to Oceanside Palms, a two-story condominium complex whose owners rent units to tenants.' 2. On September 20, 2017, ten days after the hurricane, Applicants submitted a permit application for re -roofing. However, the City could not issue the permit because replacing roof trusses, which are structural components, required engineering drawings. The Applicants submitted none.6 3. On September 26, 2017, City staff observed Applicants replacing roof trusses in the northeast building without having submitted engineering drawings and without having received a building permit.? 4. On September 27, 2017, the City posted a Stop Work Order.8 5. On October 19, 2017, City staff discovered that someone had removed the posted 3 Collateral estoppel prohibits parties from re -litigating issues already decided between them in judicial and quasi-judicial proceedings. The Code Board accepted the facts presented by the City when it unanimously accepted the staff recommendation "based on the evidence and testimony presented." Transcript, p. 76 (City's Exhibit 2). a The Special Magistrate administratively re -numbered certain exhibits for clarity in the Record. This Report and Recommendation will include the Application and all exhibits of both parties as attachments. 5 The Special Magistrate takes judicial notice that Hurricane Irma traveled up the Florida peninsula on September 10, 2018, based on National Weather Service's posted Local Report/Summary available at: https://www.weather.gov/mfl/hurricaneirma. The complex is two -stories tall. Transcript, pp. 60-61 (City's Exhibit 2). 6 City's PowerPoint, Exhibit 1, second slide. City's PowerPoint, Exhibit 1, second slide; Transcript, p. 60 (City's Exhibit 2). 8 City's PowerPoint, Exhibit 1, second slide. Page 4 of 28 Stop Work Order.9 The Building Department confirmed it still had not received any engineering drawings and, consequently, had not issued any permits. 6. On November 27, 2017, Staff observed continued non -permitted work at Oceanside Palms and, thereafter, posted a second Stop Work Order. At this point, the City issued a Notice of Violation for non -permitted construction and a code enforcement citation for the contractor's unlawful construction.10 7. On December 28, 2017, staff informed Applicants, through their attorney, that once they properly obtained a construction permit for the roofing (which required the engineering drawings), completed the roof repairs, and paid the citation, the Subject Property would be in compliance." 8. On February 5, 2018, the City issued Permit #18-0508 for "emergency, temporary repair dry -in" (the "Emergency Roof Repair Permit").12 9. On April 23, 2018, City staff received a call that the ceiling in Unit A-10 had collapsed due to rain. The unit sits directly below the roof partially repaired without a permit. Applicants' construction affiliate had installed tarpaper, but no shingles in the seven months since Hurricane Irma. The ceiling collapsed onto the tenant's couch, flooding the unit.13 The tenant lacked adequate protection from the elements.14 s City's PowerPoint (City's Exhibit 1), second slide; Transcript, p. 58 (City's Exhibit 2). 10 City's PowerPoint (City's Exhibit 1), second slide; Transcript, p. 58-59 (City's Exhibit 2). 11 City's PowerPoint (City's Exhibit 1), third slide; Transcript, p. 59 (City's Exhibit 2). 12 Id. 13 Transcript, p. 59 (City's Exhibit 2) 1a Transcript, p. 60 (City's Exhibit 2). Page 5 of 28 10. On April 24, 2018, Code Enforcement staff met with Applicants to discuss the lingering, deteriorating situation. is The City explained to Applicants that they had never completed work under the emergency dry -in permit.16 11. At the Special Magistrate's hearing, the parties disputed whether Applicants removed drywall and stripped Unit A-10 to the studs without a building permit. The doctrine of collateral estoppel precludes re -litigation of the issue. The Code Board accepted the staff recommendation unanimously, "based on the evidence and testimony presented," which included Code Enforcement Officer Robinson's testimony, as follows: I still have not received a permit for the trusses that were repaired, and I still have not received permits for all of the work that was done on the interior of that unit. I went out there. Unfortunately, I wasn't being able to take a photograph because they closed the door before I could photograph the scene, but when I went out there originally and saw in there and put the stop -work order on, the interior of that unit was gutted all the way to the studs, and since then, they had made it livable, and there's people living in it, and no permits have been received.17 The Special Magistrate, therefore, must accept the prior adjudication that the violation occurred as described by the Code Enforcement Officer. Applicants' construction affiliate repaired Unit A-10 without a building permit and in defiance of a second Stop Work Order. 12. On June 6, 2018, a citizen complained to the City's Code Enforcement division about a roof collapse in yet another unit.18 'City's PowerPoint, Exhibit 1, fourth slide. 16 Transcript, pp. 59-60 (City's Exhibit 2). 17 Transcript, p. 62 (City's Exhibit 2). 18 City's PowerPoint, Exhibit 1, fourth slide. Page 6 of 28 13. On June 7, 2018, the City issued an amended Notice of Violation, demanding that Applicants apply for, and obtain a non -emergency permit for roof repairs, apply for and obtain a permit to repair the damaged unit, complete all work, and pass final inspections.19 14. A week later, on or about June 14, 2018, Applicants submitted an application for a permit to re -roof the damaged area.20 15. On July 11, 2018, the City issued Permit 18-1467 (the "Roofing Permit").21 16. On July 19, 2018, Applicants applied for a Permit to repair the building's roof soffit and, on August 6, 2018, the City issued the Soffit Permit (#18-1579).22 17. On June 26, 2018, the City's Code Enforcement division received numerous complaints about water leaks and damage at the Oceanside Palms complex.23 18. On July 11, 2018, Applicants submitted an application for a commercial plumbing permit relating to the repair of Unit A-10.24 B. The Code Board Hearing 19. On July 19, 2018, the Code Board met and considered whether Applicants had violated City codes for, among other things, performing construction without a permit and in defiance of two Stop Work orders.25 19 City's PowerPoint, Exhibit 1, fifth slide; see Transcript, p. 60 (City's Exhibit 2). 20 City's PowerPoint, Exhibit 1, fourth slide, indicates submission on June 13, 2018. The transcript indicates submission on the following day, June 14, 2018. Transcript, p. 60 (City's Exhibit 2). 21 City's PowerPoint, Exhibit 1, sixth slide. 22 Id. 23 City's PowerPoint, Exhibit 1, fourth slide. 24 City's PowerPoint, Exhibit 1, sixth slide. 25 City's PowerPoint, Exhibit 1, fourth slide. Page 7 of 28 20. As of the hearing date, the Applicants were re -shingling the northeast building.26 However, they had not obtained a permit to repair and replace the roof trusses.27 The City would require attic access to inspect the trusses.28 Code Enforcement Officer Robinson testified, "[T]he fact of the matter is there was no permit for that. It's required a permit. It's structural. It needs to be done. It needs to be inspected, and it has needed to be done that way for 10 months now."29 21. No soffits were installed under the roof eaves.3o 22. Jeff, Moore, a 7 year resident at Oceanside Palms, testified about the appalling living conditions: I can speak for myself and the adjoining units downstairs. He showed you the picture where the gutters were not replaced. I have gone in once a month or twice a month since the hurricane with videos documenting the flooding issues because they wouldn't fix 5 feet worth of gutter. Now they're putting up shingles and all that stuff, as of right now, but the contractors didn't say anything about replacing that 5 - foot gutter. I have videos and photographs. It floods into my apartment. I do what I can. I've been a nice guy and gone into the office repeatedly for months, as well as a number of other 20 people. Just quietly going in and saying can you do something about it, with promises unkept every month since the hurricane. So, we have dealt with not being able to get in and out of our apailtnents without 6 inches or more water flooding into 2 or 3 of them every time it rains.31 .... So, besides the flooding issues when it rains, there's major cleanup every time afterwards..... Would you like to live that way? 26 Transcript, p. 63 (City's Exhibit 2). 27 Transcript, p. 62 (City's Exhibit 2). 28 Transcript, p. 64 (City's Exhibit 2). 29 Transcript, p. 65 (City's Exhibit 2). 30 Id 31 Transcript, p. 66 (City's Exhibit 2). Page 8 of 28 None of us do. .... We have handicapped people. There are children involved in certain cases, and we're just tired of it.32 Above the location, we have a family there, and this has just been so frustrating because the Wells company had done nothing except a bunch of lost promises and lies, and if you'd like to see a short video or ten, I've documented it every time it's rained in 11 months. It comes down just torrentially and floods the entire area every single time.33 Pauline, she's here. She has photographs. It flooded her apartment. It ruined her $3,000 bed. She's handicapped. She had to sleep on the floor in the other room for months-- 23. The Applicants contended through counsel, "I'd state that these items are being addressed. There is the hurricane damage. There's been insurance issues with getting this taken care of, so basically, we're asking that a violation not be found, that we be given some additional time to pull the permit and address the roofing issues."34 24. The Code Board found in favor of the City and against the Applicants, unanimously approving of the staff's recommendation: [B]ased on the evidence and testimony presented at this hearing, staff respectfully requests that the code enforcement board find the respondents in violation as set forth in the revised Notice of Violation and a fine be immediately imposed in the amount of $100 for the first day and $75 every day thereafter until compliance is confirmed by the code enforcement officer, and all costs associated with the enforcement of the violation be imposed.35 25. Critical to the instant application for lien reduction or release, the fines would 32 Transcript, pp. 66-67 (City's Exhibit 2). 33 Transcript, p. 67 (City's Exhibit 2). 'Transcript, p. 71 (City's Exhibit 2). 'Transcript, p. 76 (City's Exhibit 2). Page 9 of 28 accrue "until compliance is confirmed by the code enforcement officer."36 26. The collapse of ceilings in units would not have occurred had the Applicants adhered to the City Code and promptly submitted complete permit applications with the requisite engineering drawings, instead of waiting more than 10 months after Hurricane Irma. 27. On August 7, 2018, the Code Board issued written Findings of Fact, Conclusions of Law and Order (First Violation) (the "Code Board Order").37 The Code Board Order stated: That Violations of the following sections exist or existed upon the Subject Property and that Respondent was further provided a reasonable time to correct said violation(s): Sections 34-96(b) & (d) Standards established, of the City of Cape Canaveral Code of Ordinances; Section 105.1 Required of the Florida Building Code (as adopted by Section 82-31, City Code); Section 110.1 General, of the Florida Building Code (as adopted by Section 82-31, City Code). Section 303.7 (sic) Roofs and drainage, of the International Property Maintenance Code (as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances).38 The first violation, Section 34-96(b) of the City Code, required owners to maintain multi- family dwellings "in a clean, sanitary and safe condition." The second violation, Section 34-96(d), required owners to keep property exteriors "free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood." The third violation, Section 105.1 of the Florida Building Code, required a permit before undertaking repairs. The fourth violation, Section 110.1 of the Florida Building Code, required inspections of construction (which cannot occur without obtaining a building permit). 36 Id. 37 Applicants attached the Code Board Order to their Application for Release or Reduction of Code Enforcement Lien at the eighth page. 38 Order, Findings of Fact and Conclusions of Law, ¶ 2 (attached to the Application). Page 10 of 28 28. The written Order reiterated, "Respondent(s) shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly either file a Notice of Compliance or notify the Code Enforcement Board or secretary such that the matter is scheduled for hearing, relative to compliance, before the board in a reasonable amount of time."39 There is no evidence that the Applicants notified the code officer that they had corrected the violations, which would have triggered the Code Officer's notification duties. 29. The City recorded the Board's Order on August 10, 2018, thereby establishing a lien against the property and its owners, the Applicants. C. Permit Expirations and Final Inspections 30. On August 4, 2018, about two weeks after the Code Board hearing, the Emergency Roof Repair Permit (#18-0508) expired without Applicants requesting and obtaining a final inspection.4o 31. On August 7, 2018, almost 11 months after Hurricane Irma, Roofing Permit #18- 1467 was "finalized," that is closed -out on final inspection. This permit did not include repair and replacement of the trusses.41 32. Applicants finally submitted an application for the truss repairs on August 1, 2018. The City issued Permit #18-1684 on August 23, 2018. The City conducted a final inspection and 39 Order, ¶ 1 (attached to the Application). 4° City's PowerPoint, sixth slide (City's Exhibit 1). 41 See City's PowerPoint, sixth slide (City's Exhibit 1). Permit 18-1684 covered the roof trusses. Page 11 of 28 passed the truss reconstruction almost a year later, on August 7, 2019.42 33. On February 6, 2019, the Building Soffit Permit expired without a request for final inspection. On the Applicants' request, the City reopened the Building Soffit Permit on April 12, 2021. On April 15, 2021, the City closed -out the Building Soffit Permit on final inspection.43 D. Post -Code Board Hearing Proceedings and Settlement 34. The Applicants appealed the Code Board's decision to the Brevard County Circuit Court, which upheld the Code Board's decision. 35. On November 7, 2018, the Applicants sued the City in the Brevard County Circuit Court, claiming Constitutional violations of due process, equal protection, among other claims. (Oceanside Palms, LLC, Oceanside Palms Condominium Assoc., Inc. Wells Boys & Girls Property Management, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral and Chris Robinson, Case Number 05-2018-052741). The City prevailed on various Motions to Dismiss as to counts in the initial and amended Complaints. 36. On January 31, 2022, the City, the Applicants, and the Applicants' other affiliated entities,44 entered into a Settlement Agreement and Mutual General Releases.45 Typically, a defendant pays a plaintiff to resolve claims brought in a lawsuit. However, in this instance, Mr. Wells agreed to pay $50,000.00 to the City, "inclusive of all claims directed against the City and 42 City's PowerPoint, sixth slide (City's Exhibit 1). 43 Id 44 Parties to the Settlement Agreement were Oceanside Palms, LLC, Oceanside Palms Condominium Association, Inc., Oceanside Treasure, LLC, Bogart Place Properties, LLC, Wells Boy and Girls Property Management, LLC, Wells Boys Building & Construction, LLC, Jeffrey W. Wells, individually, the City of Cape Canaveral, and City Code Officer Chris Robinson. 45 Applicants' Exhibit 8. Page 12 of 28 directed against CHRIS ROBINSON," the code officer. Pursuant to the Settlement Agreement, the Applicants and their affiliates dismissed all lawsuits with prejudice.46 37. The City and Mr. Robinson released Applicants and their affiliated entities except with respect to the City's code enforcement lien, without limiting Applicants' right to seek a lien reduction or release: Nothing herein...resolves, discharges, or satisfies any existing liens in favor of the CITY as it relates to Oceanside Palms, LLC lien recorded at OR Bk 8235, Page 2006, Public Records of Brevard County, that gave rise to Permit #18-1580, however, without prejudice to WELLS to seek a lien reduction, waiver, or extinguishment. Nothing in this Agreement shall prevent or restrict any party from making any argument in connection with any lien reduction request.47 38. The City incurred $14,433.36 in attorney's fees and costs on the appeal of the Code Board decision. However, the City (and Mr. Robinson) released Applicants from "any and all reimbursement for attorney's fees and costs...."48 E. The Application for Lien Reduction or Release 39. On April 11, 2022, the Applicants applied for Release or Reduction of Code Enforcement Lien and enclosed the requisite application fee.49 40. The Applicants contend that a final inspection of the Plumbing Permit occurred on 46 The other lawsuits were Oceanside Treasure et al. v. City of Cape Canaveral, filed on October 17, 2018 (Case Number 05-2018-049945); Bogart Place Properties, LLC et al. v. City of Cape Canaveral, filed on October 29, 2018 (Case Number 05-2018-CA-051505), and Bogart Place Properties, LLC et al. v. City of Cape Canaveral, filed on August 11, 2021 (Case Number 5D21-2024). 47 The Settlement Agreement does not contain page numbers; however, this language appears on the fourth page. (Applicants' Exhibit 8). 48 Id. 49 Applicants' Exhibit 3. Page 13 of 28 February 19, 2019, the "scheduled" date reflected in the City's records.50 The Applicants' affiliate, Wells Boys Building & Construction, LLC, would have requested the final inspection. The Applicants seek a lien reduction that would recognize February 19, 2019 as the date when the Subject Property came into compliance with the City Code. 41. The City denies that it conducted a final inspection on February 19, 2019, despite the "scheduled" date in its records. The City asserts that a computer system conversion on February 19, 2019 corrupted data by inserting the conversion date into the Final Inspection report fields. 42. A "Conversion Comment" in the City's records is mostly gibberish: Conversion Comment Scheduled No Data to Dispaly I Amount Due I Permit - Commercial Plumbing Total Step Type: FN BP Master 1D: 0007165317 Comment Text DRYWALL, CEILING REPAIR, REPLACE VANITY & FAUCET BP Master_ Step_1D: 0007165325 Required: False Order Number. 3 Completed_ By Applicant False Length Hours: 0.00 Required Date: Required Time: Scheduled_ Date: Actual Date: Actual Time: Scheduled Time: Last Date: 2/19/2019 12:00:00 AM Last Time: 42282 Last User. k.hutchinson Last_Func: p-bp102as-BP Master - Maintenance Approval_ Status: Pending internal Step: False Schedule_ Person: Failed_ BP_ Master_ Step_1D: Actual_ Length_ Hours: 0_00 SourceQuery: SELECT* FROM PUB BP Master_Step51 43. However, because the City conducts building inspections during normal business hours, the "12:00 AM" midnight scheduled time for the final inspection is consistent with the 50 Applicants' Exhibit 4. 51 Applicants' Exhibit 3. Page 14 of 28 City's position that the report reflects corrupted data. 44. Interestingly, the Soffit Permit report does not reflect the corrupted data. 52 45. On November 19, 2021, when Applicants attempted to obtain information about the corrupted data, they did not receive a response from the Building Department.53 Neither Senior Code Officer Brian Palmer nor Applicants followed -up with the Building Depaitinent. Officer Palmer offered the City's apology at the Special Magistrate hearing. 46. On January 15, 2019, Wells Boys and Girls Property Management, LLC, on behalf of Oceanside Palms, LLC, leased out Unit A-10 to George Morris. Applicants contend they would not have allowed the tenancy to begin before completing the repairs. Mr. Morris accepted the premises in an "as -is" condition, according to the Lease.54 47. The City further asserts that, because the Plumbing Permit expired on February 6, 2019, the City's computer system would not have allowed the clerk to schedule a final inspection for February 19, 2019, after the permit expired. In any event, the Subject Property could not lawfully pass a final inspection on an expired building permit. III. ANALYSIS AND CONCLUSIONS OF LAW A. The Factors for Considering Lien Reduction or Release Chapter 2, Article VI, Division 3 of the City Code authorizes the Special Magistrate to conduct an evidentiary hearing on an application to release or reduce a code enforcement lien and to "render a written recommendation to the city council based on findings of fact and law...." The 52 See Applicants' Exhibit 4. 53 Applicants' Exhibit 5. 54 Applicants' Exhibits 7A (initial term for half a month) and 7B (Lease Agreements establishing tenancies by Mr. Morris between February 2, 2020 and January 31, 2023). Page 15 of 28 ordinance states: At the hearing before the special magistrate, the special magistrate shall review and consider the application for reduction or release of lien, provide the violator with an opportunity to address the special magistrate regarding the application for reduction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented by the applicant, city staff or other interested party, the special magistrate shall render a written recommendation to the city council based on findings of fact and law to either approve, approve with conditions, or deny the application for reduction or release of lien. The city council shall consider and give considerable weight to the written recommendation of the special magistrate and render a final decision on the application. City Code, Sec. 2-260(e). The City Code sets forth specific criteria for evaluating applications for lien reduction or release, which bind the Special Magistrate and the City Council: Whenever a recommendation or decision is made under this section, the following factors shall be applied by the city in determining the amount of any reduction or release: (1) The amount of any administrative and out-of-pocket costs incurred by the city which are directly associated with the underlying code enforcement case and lien including, but not limited to, code enforcement staff and attorney time, postage, advertising and recording costs, and other city expenses related to any measure taken by the code board or city to abate a nuisance caused by the violation; (2) The gravity and number of the violation(s); (3) The amount of the requested reduction; (4) The time in which it took to bring the property into compliance; (5) Whether the applicant was responsible for the violation which caused the lien; Page 16 of 28 Id. (6) Whether the applicant is or will be a bona fide purchaser of the subject property and is filing or has filed for a homestead exemption evidencing a desire to reside within the city on a non - transient basis, or whether the property is or will be acquired for investment or other purposes; (7) Whether the applicant acquired the subject property with knowledge of the subject lien or should have knowledge of the lien through reasonable due diligence; (8) The accrued amount of the code enforcement fine or lien as compared to the current market value of the property; (9) With respect to a speculator, non -homestead purchaser of the subject property, the accrued amount of the code enforcement fine or lien as compared to the investment/profit that will be gained as a result of the purchase or sale of the property and the reduction or satisfaction; (10) Any previous or subsequent violations pertaining to the property unless an order finding a violation is under appeal at the time of determination; (11) Any previous or subsequent violations of the applicant pertaining to the other properties owned within city, unless an order finding a violation is under appeal at the time of determination; (12) Any relevant information contained in any title policy required to be submitted to the city under this section; (13) Any financial hardship; (14) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine; and (15) Any other administrative review criteria relevant to whether it is equitable to reduce or release a lien which are adopted by the city manager, in writing, and are intended to be applied to all applications on a uniform basis. Page 17 of 28 1. The City's Administrative and Out -of -Pocket Costs The City incurred $14,433.36 in attorney's fees and costs on the Applicants' appeal of the Code Board decision to the Brevard County Circuit Court.55 The City asks that this amount offset any lien reduction, pursuant to Section 2-260(f) of the City Code. The ordinance states: To the maximum extent feasible, the city council shall collect, at a minimum, all administrative and out-of-pocket costs incurred by the city as specified in subsection (e)(1). If the city council approves the application to reduce or release the lien and the approval is conditioned upon the applicant paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded in the public records of Brevard County, Florida by the city manager until the condition(s) imposed by the city council have been satisfied. If the City Council accepts this Report and Recommendation to deny the application for lien reduction or release, then the request to offset the fees incurred will be moot. However, if the City Council decides to reduce or release the lien, the City should not offset any reduction by the amount of fees. The City (and Code Officer Robinson) specifically released Applicants from "any and all reimbursement for attorney's fees and costs...." The Settlement Agreement preserved Applicants' right to seek "a lien reduction, waiver, or extinguishment," but it did not carve -out an exception to the specific release for "any and all reimbursement for attorney's fees and costs...." "Generally, Florida courts enforce general releases to further the policy of encouraging settlements. Numerous Florida cases have upheld general releases, even when the releasing party was unaware of the defect at the time the agreement was executed." Mazzoni Farms v. E.I. Dupont De Nemours & Co., 761 So. 2d 306, 314 (Fla. 2000). In the present case, the City specifically ss Garganese Weiss billing records (City's Exhibit 3). Page 18 of 28 released its entitlement to attorney's fees and costs even though the Applicants telegraphed their intention to bring this Application. 2. Gravity of the Violations a. Nature of the Violations To ascertain the gravity of the violations, one must first consider the ordinances violated. The first violation, section 34-96(b) of the May 24, 2018 edition of the City Code, stated in pertinent part: The owner of every...multiple-family dwelling...shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used." The second violation, section 34-96(d) of the May 24, 2018 version of the City Code, stated in pertinent part, "Exterior property areas of all premises shall be kept free of all nuisances...or conditions which may create a health of fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood." The next violation referred to section 82-31 of the City Code (May 24, 2018 edition), which stated, "The Florida Building Code 2010 edition, as may be amended from time to time, as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out." Therefore, this provision incorporated the violation of section 105.1 of the Florida Building Code (6th ed., effective in 2017), which stated: Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact -resistant coverings, electrical, gas, mechanical or plumbing system, the installation of Page 19 of 28 which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. Section 82-31 also incorporated the violation of section 110.1 of the Florida Building Code (6th ed.), which stated: Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. The next violation, section 82-221 of the City Code (May 24, 2018 ed.), stated, "The International Property Maintenance Code, 1998 edition, as published by the International Code Council, is hereby adopted by reference and incorporated herein as if fully set out." Therefore, the Code incorporated the violation of section 304.1.1(8.) of the International Property Maintenance Code (2018 edition) (the "IPMC"), which stated: "Roofing or roofing components that have defects that admit rain, rain surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects." The IPMC determined that the foregoing conditions are "unsafe and shall be repaired or replaced...." Id. As stated by the Florida Supreme Court, "[T]here can be no serious question that public welfare is vitally involved in the matter of construction of buildings of all sorts in this State." State ex rel. Reynolds v. St. Petersburg, 133 Fla. 766, 779, 183 So. 304 (Fla. 1938). The IPMC states, Page 20 of 28 "This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of the structures and premises." IPMC section 101.3 (Intent). The collapse of ceilings and the intrusion of rain and flooding inside units at the Oceanside Palms was "dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect...occupants...." IPMC 108.1.1. "A building is considered dangerous if...All or part of the building is likely to collapse." Id. For the purpose of this code, any structure or premises that has any...of the conditions or defects described as follows shall be considered to be dangerous:... (3) Any portion of a building, structure...that has been damaged by...wind, floor, deterioration, neglect...or by any other cause to such an extent that it is likely to partially or completely collapse. ... (6) The building or structure, or any portion thereof, if clearly unsafe for its use and occupancy. IPMC 108.1.5. In the instant case, collapses had already occurred, establishing dangerous conditions. The collapse of ceilings in units would not have occurred had the Applicants adhered to the City Code and promptly submitted complete permit applications with the requisite engineering drawings. Inspections and approval of construction could not take place without properly submitted building permit applications. "The inspection of work in progress or already accomplished is another significant element in determining code compliance." IPMC section 104.1, official commentary. Section 112 of the IPMC authorized the City to issue the Stop Work Orders: "Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to Page 21 of 28 issue a stop work order." Construction performed in dereliction of two Stop Work Orders endangered public health, safety, and welfare. To perform structural repairs without engineering plans, permits, and inspections was extraordinarily irresponsible. These actions were also unlawful. "It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code." IPMC section 106.1. The IPMC deems violations such as these a "strict liability offense," for which, "it is not required to prove that the person intended to violate the code or was negligent in doing so." Id. b. Collateral Estoppel Precludes Re -Litigating Issues In determining the gravity of the violations, the doctrine of collateral estoppel precludes Applicants from re -litigating the issues already decided in the City's favor by the Code Board. Collateral estoppel bars "the parties from litigating in the second suit issues —that is to say points and questions —common to both causes of action and which were actually adjudicated in the prior litigation." Stogniew v. McQueen, 656 So. 2d 917, 919 (Fla. 1995); see also Dept. of Health & Rehabilitative Servs. v. B.J.M., 656 So. 2d 906, 910 (Fla. 1995) (function of doctrine is to prevent re -litigating issues that have already been decided in "a contest which results in a final decision of a court of competent jurisdiction"). As summarized by the Florida Fifth District Court of Appeal: The essential elements of collateral estoppel are: (1) that the parties and issues be identical, (2) that the particular matter be fully litigated and determined in a contest, (3) which results in a final decision, Page 22 of 28 (4) in a court of competent jurisdiction. .....The application of collateral estoppel prevents the parties in the second suit from litigating those points in question which were actually adjudicated in the first suit. United States Fid. & Guaranty Co. v. Odoms, 444 So. 2d 78, 79-80 (Fla. 5th DCA 1984) (citing Mobil Oil Corp. v. Shevin, 354 So. 2d 372 (Fla. 1977); Husky Industries, Inc. v. Griffith, 422 So. 2d 996 (Fla. 5th DCA 1982); and Seaboard Coastline Railroad v. Industrial Contracting Co., 260 So. 2d 860 (Fla. 4th DCA 1972)). The Code Board accepted the facts presented by the City when it unanimously accepted the staff recommendation "based on the evidence and testimony presented."56 Collateral estoppel precludes the Special Magistrate —and the City Council —from accepting a version of facts at odds with "the evidence and testimony presented" by City Staff on the "points and questions" to the Code Board. Quasi-judicial entities, including the Code Board, have the same standing as a "court of competent jurisdiction" for the purposes of collateral estoppel. See Paresky v. Miami -Dade Bd. of County Comm'rs, 893 So. 2d 664, 666 (Fla. 3d DCA 2005) (Miami -Dade Commission, which heard quasi-judicial proceeding, was tantamount to "a court of competent jurisdiction," precluding "the same parties" from re -litigating "the identical issue"); City of Tampa v. Lewis, 488 So. 2d 860, 862 (Fla. 2d DCA 1986); Atlantic Shores Resort, LLC v. 507 South Street Corp., 937 So. 2d 1239, 1244 (Fla. 3d DCA 2006) (circuit court erred by re -litigating municipal zoning code height restriction litigated previously by the parties before municipal historic preservation board). As 56 Transcript, p. 76 (City's Exhibit 2). Page 23 of 28 summarized by the Florida Fifth District Court of Appeal, "Where an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it, as to which the parties have had an adequate opportunity to litigate, the court will apply res judicata or collateral estoppel to enforce repose." United States Fidelity & Guaranty Co. v. Odoms, 444 So. 2d 78, 80 (Fla. 5th DCA 1984). Collateral estoppel applies when, in an earlier proceeding involving a different cause of action, the same parties or their privies, litigated the same issue presented once again for final decision. See id. 3. The Amount of the Requested Reductions Applicants sought a reduction in the lien up to a release in full. Under the egregious facts and circumstances, Applicants should not receive a reduction in any amount. 4. The Time Spent Bringing the Property into Compliance As of the Code Board hearing, Applicants had been out -of -compliance for 10 months. The City did not complete a final inspection under the Soffit Permit until April 15, 2021, and the Plumbing Permit until the following day, April 16, 2021. Applicants took an inordinate amount of time to bring their property into compliance. 5. Applicants Were Responsible for the Violations The question of who is responsible for the violations takes into account those instances when a new owner purchases real property in the City with an intention to bring the property into compliance and eliminate blight. In those instances, the City may want to reduce or release liens in order to encourage redevelopment. In the present case, the owners responsible for the violations are themselves seeking the lien reduction or release. They presented no evidence that the lien is hindering redevelopment. Page 24 of 28 6. Applicants Are Not Bona Fide Purchasers The ordinance requires consideration of whether the applicant is a bona fide purchaser, acquiring the property for investment. Again, the City may want to reduce or release liens in order to incentivize redevelopment and reduce blight. In this case, the owners themselves were responsible for the lingering violations. 7. No Acquisition with or Without Knowledge of the Lien This factor is inapplicable. 8. Evidence of Accrued Lien Compared to the Current Market Value No party submitted an appraisal or other competent evidence of the Oceanside Palm's current market value in relation to the amount of the accrued lien. No one disputed that, by April 16, 2021, the $75.00 daily fines assessed by the Code Board had accrued to $75,150.00. Therefore, the Subject Property's market value is not factor for considering the relief sought by Applicants. 9. Accrued Lien Compared to Investment Profit This factor is irrelevant. 10. Other Violations Pertaining to the Property At the Special Magistrate's hearing, the Applicants acknowledged other code enforcement violations. No evidence indicated any pending appeals on these violations. The parties did not submit enough evidence for the Special Magistrate to consider this factor. 11. Other Violations of Applicants at Other Properties The parties again did not submit enough evidence for the Special Magistrate to consider this factor. Page 25 of 28 12. Any Relevant Information Contained in any Title Policy This factor is irrelevant. 13. Any financial hardship The Applicant did not present evidence of financial hardship. 14. Any Other Mitigating Circumstances a. No Lawful Final Inspection on an Expired Permit The Applicants seek a lien reduction or release based on their contention that the final plumbing inspection on Unit A-10, under the Plumbing Permit (#18-1580), actually occurred on February 19, 2019, a month after they had leased the unit and allowed a tenant to move -in. The Applicants contend the fines should have ceased on that date, when the City's own records indicate a final inspection was scheduled.57 The City denies that a final inspection occurred on February 19, 2019, because the Plumbing Permit had expired on February 6, 2019, and the City's computer system would not have allowed scheduling of a final inspection. The City contends that the February 19, 2019 "scheduled" final inspection in its records reflects corrupted data that inserted a computer conversion date, not the date of an actual final inspection. The midnight time for the alleged final inspection is consistent with the City's position that the scheduled date reflected corrupted data. The City's contention that a final inspection would not have occurred on an expired permit is also persuasive. Indeed, the City could not have lawfully approved of construction on an expired permit. s' Applicants' Exhibit 1. Page 26 of 28 b. Final Inspection on Soffit Not Approved Until April 2021 No evidence contradicted the City's contention that the Soffit Repair Permit (18-1579) expired without a final inspection on February 6, 2019 (the same expiration date as the Plumbing Permit). The City reopened the Soffit Repair Permit on Applicants' request on April 12, 2021, and closed it after a final inspection more than two years later, on April 15, 2021. Yet Applicants seek a lease reduction retroactive to February 2019. Applicants had a duty to ensure their contractors —their own affiliated construction company pulled all permits, requested, and obtained all inspections required under the Building Code. Applicants entered no documentary evidence into the record as to when their construction affiliate completed any repairs —either the plumbing for Unit A-10 or the roof soffit. During the Code Board hearing, the Applicants' property manager testified that the construction contract had no completion date.58 c. Applicants Did Not Notify Code Officer to Stop Accrual of Fines The Applicants failed to present evidence that they provided the required notice of correction to the City's Code Enforcement Officer to stop the accruing fines. The Code Board's Order stated that fines would accrue "until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent(s) shall be responsible to provide notice of such violation corrected to the Code Enforcement Officer." A request for final inspection to the Building Department, whether or not it occurred, was insufficient to stop fines from accruing. 58 Transcript, p. 75 (City's Exhibit 2). Page 27 of 28 d. Lien Reductions in Other Cases The criteria in the ordinance to consider lien reduction or release do not expressly include the mere fact that prior Code Boards have recommended, and the City Council has previously granted lien reductions. However, the Special Magistrate considered each such instance entered into evidence by Applicants under the "other mitigating circumstance" factor. In no instance did the City reduce or forgive a lien where the code violator had engaged in construction without building permits, without submitting engineering drawings for structural work, and in defiance of a Stop Work Order. 59 15. Administrative Review Adopted by City Manager. This factor is irrelevant. IV. CONCLUSION For all of the foregoing reasons, principally the gravity of the offenses and the fact that the City could not have lawfully conducted and approved of a final inspection on an expired permit, the Special Magistrate recommends that the City Council deny the application for lien reduction or release. ichard S. Geller Special Magistrate The City of Cape Canaveral se See generally Applicants' Exhibits 6A-6G. In Code Enforcement Case 11-00040, regarding 8652 N. Atlantic Avenue, the Code Board recommended a reduction to "allow for the sale/occupancy of the property...." Exhibit 6B, p. 4. In Case 16-101, the City Council approved a $7,500.00 lien reduction if the violator would pay $19,383.00 within 30 days. Exhibit 6E, p. 4. In other instances, the minutes do not disclose the grounds for lien reduction. See, e.g., Exhibit 6F, p. 2 and 6G, p. 2. Page 28 of 28 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 13 Subject: Discuss with Council options to accomplish shorter more effective meeting while accommodating time for council to speak to each other. Department: City Council Summary: Direct staff to research and bring back to a scheduled workshop. Options for council meeting such as • Explore other like city's meetings format • Voting on Agendas before meetings • Review order of business/ meeting structure • Priority Agenda workshops • Review Roberts rules of order meeting agenda format. (ordinance 2.61) • Limiting the number of items on the agenda • Two meetings a month I am asking Council for consensus to schedule a workshop meeting. (Section 2.58 of the code of ordinance.) In order to discuss ways to make our council meeting more efficient in a reasonable time, to better serve the taxpayers. Submitting Council Member: Mayor ProTem Mickie Kellum Date: 7/6/22 Attachment(s): Ordinance 2-58 Ordinance 2-61 Sec. 2-58. - Workshop meetings. Workshop meetings may be called in the same manner as a special meeting to informally discuss matters relating to city business. Workshop meetings shall be held in the place so designated by council to be the locations of workshop meetings and shall be open to the public and press. Notice of workshop meetings shall be posted at least 24 hours in advance at the City Hall and on the city website, and may to the extent practical and available, be posted on suitable city social media platform(s). (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04), 8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No. 04-2002, § 3, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11. Ord. No. 03-2020 § 2, 10-20-20) Sec. 2-61. - Parliamentary procedure. Except as may be provided in the Charter or in this division, questions of order, the methods of organization and the conduct of business of the council shall be governed by Robert's Rules of Order, Newly Revised, in all cases to which such rules are applicable. (Code 1981, § 271.01) ITEM # 14 City of Cape Canaveral John DeLeo, Administrative/Financial Director P.O. Box 326 Cape Canaveral, FL 32920 (321) 868-1230 (321) 868-1248 fax j.deleo@cityofcapecanaveral.org Memo TO: The Honorable Mayor and Members of the City Council VIA: Todd Morley, City Manager FROM: John DeLeo, Administrative/Financial Services Director DATE: June 16, 2022 RE: Monthly Financial Report — May 2022 Staff is pleased to present the Monthly Financial Report for the period ending May 31, 2022. At this point in the Fiscal Year, the Year to Date Actuals should be 66.7% of the total annual budget. Total General Fund Departmental costs are below target at 64%. Administrative Services is running below target at 60.1%. Protective Services are over target by 10.1%. Fire Rescue is running below target by 5.1%. Community/Code Enforcement/Economic Development are under cost by 6.5%. Building is under cost by 17.4%. Leisure Services is 25.1% below target. Non -Departmental expenditures are under budgetary projections at 60.2%. The Community Redevelopment Agency (CRA) has incurred $4,028,381 of expenses for the current Fiscal Year. Wastewater Fund overall costs are slightly under target at 64%. The Stormwater Fund is under target cost at 43.1%. The City's General Fund investments total $7,614,512.49; Special Revenue investments total $397,096; and Enterprise Fund investments total $587,418.59. The Grand total of all investments is $8,599,027.08. The Annual Rate of Return for each Investment is attached. If you have questions or wish anything additional, please contact me. City of Cape Canaveral Fund Narrative Period Ended May 31, 2022 Revenue Ad Valorem Tax To date, the City has received 98.0% of Ad Valorem revenue. The City should have seen the highest income in December and less income as the fiscal year continues. Local Option Gas Tax This amount represents actuals for October through March and accruals for April and May. It is above target at 80.6%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents actuals for October through March and accruals for April and May. These right on target at 66.6%. Permits and Licenses Permits and Licenses are below target at 43.3%. This will see greatest revenue in August/September when the BTR renewals are mailed out. State Shared Revenues This amount represents actuals for October through March and accruals for April and May. This revenue source includes State Sales Tax, Municipal Gas Tax, Mobile Home Licenses, Alcoholic Beverage Licenses, and Local 1/2 Cent Sales Tax. These are above target at 73.4%. Garbage and Recycling Revenues This amount represents actual collections for October through April and an accrual for May. These are slightly above target at 68.4%. Recreation Fees (Leisure Services) Recreation Fees are above target at 83.7%. This revenue source continues to have unknown ramifications of COVID-19, but seem to have rebounded. Investment Income Investment Income is below target at 40.2%. This is a direct result of a fluctuating market in the rate of return. Future events may affect current rate of return. Utility Operating Income (Wastewater Fund) This amount represents actual collections for October through April and an accrual for May. It is slightly above target at 68.1%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through April and an accrual for May. It is below target at 62.6%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended May 31,2022 GENERAL FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,401,200 0.0% 934,133 Cash Forward- R&R 595,500 398,985 67.0% 397,000 Ad Valorem Taxes 5,138,467 5,033,683 98.0% 3,425,645 Local Option Gas Tax 320,000 257,851 80.6% 213,333 Franchise Fees 844,168 578,602 68.5% 562,779 Utility Taxes 1,237,596 825,748 66.7% 825,064 Communications Service Tax 392,450 253,877 64.7% 261,633 Permits&Licenses 666,800 288,685 43.3% 444,533 Impact Fees 701,250 1,570 0.2% 467,500 State Grants 253,600 1,148 0.5% 169,067 ARPA Revenue - 16,708 0.0% - State Shared Revenue 946,795 694,659 73.4% 631,197 Local Shared Revenue 138,918 138,918 100.0% 92,612 Charges for Services 24,250 24,194 99.8% 16,167 Garbage&Recycling Revenue 1,216,484 832,213 68.4% 810,989 Recreation Fees 75,375 63,089 83.7% 50,250 Fines&Forfeitures 14,325 7,703 53.8% 9,550 Interest Income 57,270 23,008 40.2% 38,180 Fire Hydrant Rental Fee 81,800 47,935 58.6% 54,533 Miscellaneous Revenue 95,300 31,746 33.3% 63,533 PAL Program Revenue 41,000 52,592 128.3% 27,333 Transfer from School Guard Crossing Fund 2,050 0.0% 1,367 Transfer from CRA Fund 686,093 774,055 112.8% 457,395 Contribution from Wastewater Fund 707,506 471,671 66.7% 471,671 Contribution from Stormwater Fund 19,566 13,044 66.7% 13,044 Loan Proceeds 3,950,000 2,099,949 53.2% 2,633,333 TOTAL REVENUES $ 19,607,763 $ 12,931,633 66.0% $ 13,071,842 EXPENDITURE Legislative 74,948 47,563 63.5% 49,965 Administrative Services 575,650 345,839 60.1% 383,767 Comm Dev/Code Enf/Econ Development 791,259 476,252 60.2% 527,506 Protective Services 3,309,761 2,540,874 76.8% 2,206,507 Fire/Rescue Services 2,647,475 1,630,138 61.6% 1,764,983 Building 330,190 162,934 49.3% 220,127 Infrastructure Maintenance 1,424,460 957,481 67.2% 949,640 Community and Cultural Affairs 295,128 127,863 43.3% 196,752 Leisure Services 1,348,753 561,131 41.6% 899,169 Legal Services 297,432 91,551 30.8% 198,288 Solid Waste 1,211,916 723,678 59.7% 807,944 Debt Service 1,292,475 1,368,616 105.9% 861,650 Non-Departmental 5,842,823 3,516,060 60.2% 3,895,215 Contingency 165,493 0.0% 110,329 TOTAL EXPENDITURES $ 19,607,763 $ 12,549,982 64.0% $ 13,071,842 Excess of Revenues Over/(Under) Expenditures $ 381,651 Page 1 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended May 31,2022 POLICE EDUCATION FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,380 660 47.8% 920 Interest Income 230 62 26.8% 153 TOTAL REVENUES $ 1,610 $ 721 44.8% $ 1,073 EXPENDITURE Education&Training - 0.0% - Contingency 1,610 0.0% 1,073 TOTAL EXPENDITURES $ 1,610 $ - 0.0% $ 1,073 Excess of Revenues Over/(Under) Expenditures $ 721 AIIIII FIRE PROTECTION FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - 0.0% - Interest Income 504 159 31.4% 294 Impact Fees 9,500 0.0% 5,542 TOTAL REVENUES $ 10,004 $ 159 1.6% $ 5,836 EXPENDITURE Transfer to General Fund - 0.0% - Contingency 10,004 0.0% 6,669 TOTAL EXPENDITURES $ 10,004 $ - 0.0% $ 6,669 Excess of Revenues Over/(Under) Expenditures $ 159 Page 2 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended May 31,2022 V SCHOOL CROSSING GUARD FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 800 Parking Fine Surcharge 850 488 57.4% 567 Interest Income - 0.0% - TOTAL REVENUES $ 2,050 $ 488 23.8% $ 1,367 EXPENDITURE Transfer to General Fund 2,050 0.0% 1,367 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,050 $ - 0.0% $ 1,367 Excess of Revenues Over/(Under) Expenditures $ 488 LIBRARY FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% - Ad Valorem Taxes 67,481 66,171 98.1% 44,987 Ad Valorem Tax Delinquent 50 0.0% 33 Tax Penalty Income 60 13 21.6% 40 Interest Income 6,180 1,730 28.0% 4,120 Interest-Library Impact Fees - 240 0.0% - Interest-Tax Collections 42 25 59.4% 28 Impact Fees- Library 12,100 - 0.0% 8,067 Miscellaneous Revenue - 5,000 0.0% - TOTAL REVENUES $ 85,913 $ 73,179 85.2% $ 57,275 EXPENDITURE Operating Expenses 40,100 17,925 44.3% 23,392 Capital Purchases 30,000 19,918 28.1% 17,500 Contingency 15,813 0.0% 9,224 TOTAL EXPENDITURES $ 85,913 $ 37,843 30.5% $ 50,116 Excess of Revenues Over/(Under) Expenditures $ 35,336 Page 3 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended May 31,2022 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% Shared Revenue from Cape Canaveral 943,062 943,062 100.0% 628,708 Shared Revenue from Brevard County 943,062 943,062 100.0% 628,708 Interest Income 288 0.0% 192 Transfer from General Fund 3,793,193 2,099,949 55.4% 2,528,795 Transfer from Stormwater 65,000 65,000 100.0% 43,333 TOTAL REVENUES $ 5,744,605 $ 4,051,073 70.5% $ 3,829,737 EXPENDITURE Operating Expenses 11,559 623 5.4% 7,706 Capital Purchases 4,783,693 3,201,379 66.9% 3,189,129 Debt Service 938,417 826,379 88.1% 625,611 Contingency 10,936 0.0% 7,291 TOTAL EXPENDITURES $ 5,744,605 $ 4,028,381 70.1% $ 3,829,737 Excess of Revenues Over/(Under) Expenditures $ 22,692 LAW ENFORCEMENT TRUST FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 7,526 4,365 58.0% 5,017 Contraband Income 1,000 363 36.3% 667 Interest-State 45 8 17.8% 30 TOTAL REVENUES $ 8,571 $ 4,736 55.3% $ 5,714 EXPENDITURE School Resource Officer 6,203 3,102 50.0% 4,135 Contingency 2,368 0.0% 1,579 TOTAL EXPENDITURES $ 8,571 $ 3,102 36.2% $ 5,714 Excess of Revenues Over/(Under) Expenditures $ 1,634 Page 4 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended May 31,2022 ANL al. WASTEWATER ENTERPRISE FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 434,000 - 0.0% 289,333 Utility Operating Income 4,056,805 2,764,210 68.1% 2,704,537 Utility Penalty Income 62,015 25,269 40.7% 41,343 Sewer Assessment Fees 84,000 4,046 4.8% 56,000 Reuse Hook-Up Fees 2,925 0.0% 1,950 Reclaimed Water Revenue 91,650 60,542 66.1% 61,100 Investment Income 6,240 1,516 24.3% 4,160 Sale of Fixed Assets 2,000 0.0% 1,333 Transfer from CC CRA Fund 52,324 52,324 100.0% 34,883 SRF Loan Proceeds 2,096,500 1,398,621 66.7% 1,397,667 State Grants - 128,400 0.0% - Miscellaneous Income 2,000 79,802 3990.1% 1,333 TOTAL REVENUES $ 6,890,459 $ 4,514,729 65.5% $ 4,593,639 EXPENDITURE Personal Services 1,683,277 1,064,447 63.2% 1,122,185 Operating Expenses 1,338,021 681,670 50.9% 892,014 Debt Service 551,629 314,862 57.1% 367,753 Capital Purchases 2,530,500 1,876,158 74.1% 1,687,000 Contribution to General Fund 707,506 471,671 66.7% 471,671 Contingency 79,526 0.0% 53,017 TOTAL EXPENSES $ 6,890,459 $ 4,408,807 64.0% $ 4,593,639 Excess of Revenues Over/(Under) Expenses $ 105,923 Page 5 of 6 City of Cape Canaveral Statement of Revenues&Expenditures Period Ended May 31,2022 STORMWATER ENTERPRISE FUND FY 2021-2022 MAY 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 205,100 0.0% 136,733 Stormwater Utility Fees 1,159,200 726,103 62.6% 772,800 Investment Income 2,376 1,182 49.7% 1,584 Miscellaneous Income - 11,752 0.0% - Grant-FIND 131,400 0.0% 87,600 TOTAL REVENUES $ 1,498,076 $ 739,037 49.3% $ 998,717 EXPENDITURE Personal Services 323,291 210,988 65.3% 215,527 Operating Expenses 295,590 125,545 42.5% 197,060 Capital Purchases 336,500 231,373 68.8% 224,333 Contribution to General Fund 19,566 13,044 66.7% 13,044 Transfer to CRA 65,000 65,000 100.0% 43,333 Contingency 458,129 0.0% 305,419 TOTAL EXPENSES $ 1,498,076 $ 645,950 43.1% $ 998,717 Excess of Revenues Over/(Under) Expenses $ 93,086 Page 6 of 6 Florida State Treasury- Special Purpose Investment Account (SPIA) & FL SAF As of May 31,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 0.54% Interest earned for the month: $ 4,516.82 General Fund Restricted (by outside party) Total Restricted $ - Committed(Constrained by Council) Expansion Recreation 44,251.66 Expansion Police 33,502.97 Capital Equipment Renewal&Replacement 698,056.22 Total Committed $ 775,810.85 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 712,479.98 Total General Fund SPIA Investments: $ 2,983,639.84 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,254,387.96 Florida Safe Combined-Note 2017-0.06%(average monthly) 500,532.71 Florida Safe Note 2021 -0.06%(average monthly) 250,480.44 Florida Safe ARPA Reserve-0.06%(average monthly) 2,625,471.54 $4,630,872.65 Total General Fund Florida Safe Investments: $ 4,630,872.65 Total General Fund Investments: 7,614,512.49 Special Revenue Funds Restricted (by outside party) Police Education Fund 12,506.56 Aerial Fund 32,125.52 School Crossing Guard Fund - Library Fund 165,424.85 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,789.71 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 397,096.00 Total Special Revenue Fund SPIA Investments: 397,096.0E Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal&Replacement 310,081.16 $ 310,081.16 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 277,337.43 $ 277,337.43 Total Enterprise Fund SPIA Investments: - 11111 TOTAL SPIA&FLSAFE INVESTMENTS $ 8,599,027.08 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 15 Subject: ProChamps Update — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: Community and Economic Development Summary: At its December 21, 2021 Special Meeting, the Council requested that Staff prepare additional updates on the implementation of the ProChamps vacation rental platform. The following is provided: Oct 2021 —Feb 2022 Mar 2022 Apr 2022 May 2022 Jun 2022 TOTAL No. of Registered 168 4 3 7 tbd 182 Properties Remittance to $35,400 $900 $600 $2,800 tbd $39,700 City Vacation Rental BTRs 44 6 3 9 tbd 53 Issued Courtesy 180 1 107 1 0 289 Notices Sent NOV Issued 0 0 1 0 0 1 Number of Complaints 27 1 tbd 1 tbd 28 Hearings Scheduled Submitting Department Director: David Dickey Date: 7/8/22 Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/7/11 The City Manager recommends the City Council take the following action: Receive Report and no action to be taken. Approved by City Manager: Todd Morley Date: 7/8/22 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 16 Subject: Florida Department of Transportation "A1A Tomorrow" Community Outreach Update and John K. Porter Bridge Improvements Department: Community and Economic Development Summary: At the June 21, 2022 Regular Council Meeting, Council reached consensus for Staff to obtain an update from FDOT on the status of their outreach efforts regarding the on -going "A1A Tomorrow" project. Florida Department of Transportation's conceptual safety and mobility improvements, known as "A1A Tomorrow," represents two key changes to S.R. A1A within the City, including: 1. Redesigning S.R. A1A from George King Boulevard to International Drive, to include adding protected bike lanes, clearly marked crossings, clear and organized left turn lanes, and installing medians, curbs, and gutters; and, 2. Building a modern roundabout at S.R. A1A & N. Atlantic Avenue for traffic calming and pedestrian, bike, and vehicular safety improvements. Below is an update of FDOT's activities since the March 15, 2022 Council presentation. City Staff has also provided administrative support as approved by Council. Notable dates include: FDOT provided the following community outreach presentations: o Seven condo associations have expressed interest, of which one presentation occurred on May 9, 2022 (Puerto Del Rio). o Cape Canaveral Fire Department on June 9, 2022. o One hotel association on June 16, 2022 (Ocean Partners Hospitality). FDOT had previously hosted a number of community outreach presentations to other community stakeholders prior to their presentation at the March 15, 2022 Council meeting, including two condominiums within the City. John K. Porter Bridge Update: In June, the City's Public Works Department was contacted by FDOT regarding the John K. Porter Bridge. FDOT is looking to extend and enhance the existing culverts and pipes located under the roadway at the bridge, as well as replace the existing wooden boardwalk with concrete sidewalk. These improvements would increase pedestrian safety and reduce maintenance labor and costs for the bridge's upkeep. This improvement is unrelated to the "A1A Tomorrow" project. Submitting Department Director: David Dickey Date: 7/11/22 Attachments: None Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/11/22 The City Manager recommends the City Council take the'following action: Receive Update and no action to be taken. Approved by City Manager: Todd Morley Date: 7/11/22 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • JULY 19, 2022 AGENDA ITEM SUMMARY • ITEM # 17 Subject: Specimen Tree Removal at Canaveral City Park — receive Report and no action to be taken. Item is presented for informational purposes only and no action will be taken. Department: City Manager's Office Summary: At its June 21, 2022 Special Meeting, the Council considered an item to remove a Specimen Tree located at Canaveral City Park. Specimen Trees can only be removed by approval of the City Council. The rationale for removal of the subject tree was provided in the draft meeting minutes (Attachment 1). After discussion, the Council unanimously approved a Motion to direct the City Manager to explore alternatives to save the tree and allow the City Manager to make the decision, whether to save or remove it, and communicate that decision to Council. On June 22, 2022, the City Manager's Office scheduled an onsite meeting and sent an email invitation to review proposals to save the tree. The date was set for July 7, 2022. Invitees included the Public Works Director, City Arborist, Parks and Projects Administrator, Community and Economic Development Director and community member Ginny Dirschka. Ms. Dirschka was invited due to her ongoing interest in tree preservation and had met with the City Manager the week prior to review ideas to preserve the tree. Although Ms. Dirschka did not accept the invitation for the July 7, 2022 onsite meeting, Staff members proceeded with the meeting and, while on site, reviewed all ideas to preserve the tree, including various root block methodologies, tree canopy trimming and discussed pros and cons of the procedures and their effect on the tree's viability. The City Arborist prepared a memo based on the site visit (Attachment 2), which indicates that the tree is now considered a "Hazardous Tree" and must be removed. Considering the City Arborists findings, the City Manager recommends removal of the specimen tree prior to the grand opening of the splash pad. Revised cost estimates are included (Attachment 3). Attachments: 1. June 21, 2022 City Council Draft Meeting Minutes — Excerpt 2. July 7, 2022 Memo from City Arborist Tim Davis 3. July 7, 2022 Email detailing revised costs Financial Impact: Tree Removal and replacement trees at $4,200; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 7/12/22 The City Manager recommends the City Council take the following action: Receive Report and no action to be taken. Approved by City Manager: Todd Morley Date: 7/12/22 Attachment 1 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting June 21, 2022 Minutes • Page 2 of 6 Project, what the City will do to take the pulse of the rest of the City regarding the Roundabout, and inquired if the City will develop a position on the matter. Mayor Morrison reminded Mr. Campbell that Council requested an update at the next City Council Meeting. CONSENT AGENDA: Council Member Willis removed Item 2. Mayor Pro Tem Kellum removed Item 6. 1. Approve the May 17, 2022 Regular City Council Meeting Minutes. 2. Approve the City Council's March 30, 2022 Strategic Planning Retreat and April 21, 2022 Workshop Meeting Minutes. 3. Appoint Resilience Engineering Services Manager Lexi Miller as the City's Representative on the Space Coast Transportation Planning Organization Technical Advisory Committee. 4. Award Bid for rehabilitation of Lift Station No. 5 to Hinterland Group in the amount of $473,880 and authorize City Manager to execute Construction Agreement for same. 5. Approve the 2022 City Council Regular and Budget Meeting Schedule, as amended. 6. Approve removal of Specimen Oak Tree from Canaveral City Park and approve mitigation plan at a ratio of one-to-one. A motion was made by Council Member Willis, seconded by Council Member Raymond, to approve Consent Agenda Items 1, 3, 4 and 5. The motion carried 5-0. #2 Discussion ensued regarding the March 30, 2022 Strategic Planning Retreat Meeting Minutes page 4 of 6, under Review of Future Goals & Projects by Department, and thanks to Capital Projects Staff for efforts to gain an exemption through the Florida Department of Environmental Protection which saved the City from spending $14M on a Deep Injection Well project. A motion was made by Council Member Willis, seconded by Council Member Davis, + r!'gt Item 2. The iv *;,- n carries #6 Discussion ensued and included details regarding the reason for removal of the Specimen Oak Tree from Canaveral City Park, Allen Engineering Letter of Intent and the error made by not removing the tree prior to construction, City Arborist assessment of the tree, examples of Oak Trees buckling pedways at Manatee Sanctuary Park, and daily clean-up and water quality impacts to the Splash Pad should the tree remain where it is. City Manager Morley discussed regret over the possibility of losing the tree, and took responsibility for the Item. Discussion continued regarding lessons learned, desire to explore saving the tree, possible installation of an underground structure to make the roots turn or other alternatives. Morgan Hamby, resident, discussed favor for saving the tree. Brad Pervell, resident, discussed the prior successful effort to save the trees on the East side of the Park, and suggested outlining the baseball outfield with Crepe Myrtles. Ginny Dirschka, property owner, discussed the resilience of Oak trees and suggested giving the tree a chance to survive before removing it. Lead Maintenance Specialist/City Arborist Tim Davis discussed the Oak tree's chances of survival, root damage, how the roots of the tree are spread over/under the area of the Splash Pad, and how salt and soil composition effect trees such as the twenty-five year old Oaks at Cape View Elementary, which are much smaller in diameter than this Oak tree. Discussion continued regarding removing versus saving the tree, unknown impacts of cost for implementing an underground root barrier, unknown long-term repair costs to the Splash Pad if the tree stays, safety prioritization, and investment in larger replacement trees. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to let Staff investigate costs for saving the Oak tree and bring the Item back to Council if needed. Discussion ensued regarding how the Splash Pad would not be City of Cape Canaveral, Florida DPAr-' City Council Regular Meeting June 21, 2022 Minutes • Page 3 of 6 delayed either way, and the multiple interpretations and added details to Mayor Pro Tem Kellum's original motion. Mayor Pro Tem Kellum agreed to allow Mayor Morrison to re -state the original motion. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to explore alternatives to save the tree, allow the City Manager to make the decision, whether to save or remove it, and communicate that decision to Council. Mayor Morrison explained Council is trying to give City Manager Morley the ability to move quickly without having to bring the Item back to Council. Mr. Pervell expressed confidence the City will make the right decision either way, and requested the six replacement trees to be planted in Canaveral City Park. City Manager Morley stated Mr. Pervell's idea to place trees along the outfield is a great idea. Projects/Parks Administrator Vergara indicated landscaping at the Park is not finished and more trees will be planted. Arlyn DeBlauw, resident, inquired about holding the contractor responsible. City Manager Morley explained how that argument would be very hard to make due to the Construction/Manager At -Risk Contract in place, which means that the City would end up paying for it anyway. The motion carried 5-0. PUBLIC HEARING: 7. Ordinance No. 05-2022; providing for a Referendum and Ballot Language for the November 8, 2022 General Election or an election scheduled thereafter; proposing to amend Section 2.02 of the City Charter regarding eligibility to serve on the City Council to provide that City Council Members must be domiciled within the City of Cape Canaveral at least one (1) year immediately prior to qualifying and must remain domiciled within the City of Cape Canaveral during their term in office or forfeit their office; providing for a notice of the City of Cape Canaveral Charter Referendum Question; providing for coordination with the Supervisor of Elections; providing for administration of the Referendum by the City Clerk and City Manager; providing for severability and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. The Public Hearing was opened. Patrick Campbell, resident, inquired if this action would solve the problem regarding the clerical error contained in last year's Candidate Packet that indicated those running for City Council, must be a resident for one year in the City. City Attorney Garganese confirmed that the amendment incorporating this provision of a one (1) year domicile requirement in the City Charter would solve that problem. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 05-2022, at second reading. The motion carried 5-0. 8. Based on the May 5, 2022 City of Cape Canaveral Wastewater Revenue Sufficiency Analysis completed by Raftelis Financial Consultants, Inc., the following action is recommended by City Staff: Resolution No. 2022-13; revising the City's Sanitary Sewer Service Fee Schedule in accordance with Article III of Chapter 78 of the City Code for Fiscal Years 2022/2023 through 2026/2027; providing for the repeal of prior inconsistent resolutions; incorporation into Appendix B, Schedule of Fees; severability and an effective date: Mayor Morrison read the title into the record. City Manager Morley explained the purpose of the Item and how the action is taken every five years with exception to last year due to the COVID-19 Pandemic. Discussion ensued and included the purpose of using a resolution versus an ordinance to adopt the Fee Schedule, provisions in both the City Charter and Code for use of either resolution or ordinance, City Attorney Garganese' prepared Draft Ordinance should Council decide to use it out of an abundance of caution, the City's history of using a resolution to revise the City's Sanitary Sewer Service Fee, providing the public two hearings instead of one, the rate increase would be effective October 1, 2022, how rate studies and increases are critical to keep pace with City's operations, Attachment 2 Public Works Services Memo TO: Todd Morley FROM: Tim Davis DATE: 7/7/2022 RE: CCCCC Specimen Tree Approximately one month ago I submitted a report of findings in my Arborist report, which went to City Council. The report essentially stated: • The excavation of the retention swale has removed the majority of the fibrous roots, reducing the tree's capacity for nutrient uptake. • The excavation had severed structural roots, reducing nutrient uptake and creating a concern for structural stability in a high wind environment • Removal of the tree was recommended. As a result of the June 21, 2022 City Council meeting, you asked me to meet with you and other Staff members onsite to see if a root block (below -grade concrete barrier along the south side of the tree) and canopy trimming could be accomplished in an effort to save the tree while also protecting the Splash Pad. This memo summarizes my findings from that meeting. I arrived at the site at 2:00 P.M. and was met by Todd Morley, David Dickey, Gustavo Vergara, and Jim Moore. I noted the following: • The splash pad is nearly finished. • The trunk of the tree is approximately 6 feet from the Splash pad and associated sunshade structure footings. • A root block would be an effective way of stopping the underground root encroachment under the splash pad, but would probably be expensive (estimated to be $20,000). I am not aware of any other alternatives which could achieve this same result. • In order to install the sunshade structures, the canopy would need to be trimmed back significantly. • Upon closer examination, I noted that the excavation around the tree has severed 80% of the structural roots. Additional discussion was held among the group about how an underground root block structure could be installed and how the tree canopy above this area of the splash pad would need to be pruned. My concerns and recommendation: If a root block, is installed and the south portion of the canopy is cut back in line with the root block: a. The overall canopy would be reduced by approximately 40%. b. The structural roots to south of the tree will be severed, further reducing the capacity for nutrient uptake and significantly reducing the ability to maintain structural stability in a high wind environment. c. The tree will suffer an increased susceptibility to disease. d. The tree will suffer an increased susceptibility to insects. e. The tree will grow thinner and appear less voluminous/less healthy. f. The tree will suffer a shortened lifespan due to its compromised ability for nutrient uptake. Removal of the tree was previously recommended due to the damage already done to the root system. Compounding the issue by installing the proposed root block system and a 40% canopy reduction: • imposes an even shorter lifespan, • increases the city's exposure to liability and • further underscores the need to remove the tree. Given the anticipated costs of installing the root block system and removing 40% of the canopy, my opinion is that the cost of preservation is outweighed by the risk imposed on users of the Splash Pad and infrastructure. I believe the City gains greater value by removing the tree and mitigation. Considering the constant use of the slash pad by the public every day, the tree is now deemed a Hazardous Tree and removal is recommended for a second time now due to the safety of the public. Attachment 3 From: Gustavo Vergara <G.Vergara@cityofcapecanaveral.org> Sent: Tuesday, July 12, 2022 4:30 PM To: Lisa Day <I.day@cityofcapecanaveral.org> Subject: FW: Notes from today's meeting Gustavo Vergara, CPRE Parks & Projects Administrator City of Cape Canaveral (321) 868-1220 x 222 7300 North Atlantic Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 ***PLEASE NOTE THAT MY LAST DAY WITH THE CITY OF CAPE CANAVERAL WILL BE WEDNESDAY, JULY 13*** From: Gustavo Vergara Sent: Thursday, July 7, 2022 10:13 AM To: Todd Morley <T.Morley@cityofcapecanaveral.org>; James Moore <j.moore@cityofcapecanaveral.org>; Tim Davis <T.Davis@cityofcapecanaveral.org>; David Dickey <D.Dickey@cityofcapecanaveral.org> Subject: RE: Notes from today's meeting Team, Please see quote from Leland. There are no notes included so I asked them to please provide us the observations he made on site after inspecting the tree. The new budget is as follows: Tree removal: $3,000 New Trees (6@$200): $1,200 Total: $4,200 Best regards, Gustavo Vergara, CPRE Parks & Projects Administrator City of Cape Canaveral (321) 868-1220 x 222 7300 North Atlantic Avenue — P.O. Box 326 Cape Canaveral, Florida 32920