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cocc_council_mtg_packet_20220816_regular
CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 REVISED(2) AGENDA August 16, 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/8478553389570856464 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. PRESENTATIONS/INTERVIEWS 1 6:15 p.m. - 6:25 p.m. Presentation of Proclamation declaring August 2022 as "Florida Water Professionals Month" to City Public Works Services Staff, representing the Florida Water & Pollution Control Operators Association. Presentation of Institute for Elected Municipal Officials Certificate of Completion to Council Member Don Willis. OLD BUSINESS 1 6:25 p.m. - 6:45 p.m. 1. Rising Rents. (Submitted by Council Member Raymond) 2. 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. CONSENT AGENDA 1 6:45 p.m. - 6:50 p.m. 3. Approve the July 19, 2022 City Council Budget Workshop and Regular Meeting Minutes. 4. Resolution No. 2022-01; approving the Application for the Final Plat of Poinsetta Place, generally located on the corner of Jefferson Avenue and Poinsetta Avenue, Cape Canaveral; providing for the repeal of prior inconsistent Resolutions; severability; and an effective date. 5. Resolution No. 2022-17; reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Dr. Michael Miller) 6. Resolution No. 2022-18; adopting a Fee Schedule for the Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Approve the Fifteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $60,950.97 with Black's Spray Service, Inc. and authorize the City Manager to execute same. City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2022 Agenda • Page 2 of 4 8. Approve Addendum Three (3) to Professional Services Agreement for Mowing and Landscaping Services in the amount of $277,117.94 with U.S. Lawns of Brevard dba Micnor Corporation and authorize City Manager to execute same. 9. Approve proposed Purchase and Sale Agreement for Reserved Mitigation Credits with the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the amount of $33,000 and authorize City Manager to execute same. PUBLIC HEARINGS 1 6:50 p.m. - 7:50 p.m. 10. a. Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to traffic and vehicles to create a new Article IV. — Operation of Golf Carts and Low -Speed Vehicles on roads; authorizing the operation of golf carts on specifically designated City roadways by subsequently adopted City Council resolution; providing definitions; providing for restrictions, certain minimum equipment, registration, inspection and insurance requirements for golf carts; recognizing low -speed vehicles are allowed on roads unless otherwise prohibited; providing for enforcement; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading; and b. Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. (KH) in the amount of $28,500 for the completion of an engineering traffic study, and if needed, authorize the City Manager to execute same. 11. 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, second 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, second reading. 12. 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, second 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, second reading. 13. 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 City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2022 Agenda • Page 3 of 4 for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second 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, second reading. 14. 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, second 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, second reading. 15. 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, second 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, second reading. ITEMS FOR ACTION 1 7:50 p.m. — 8:10 p.m. 16. Resolution No. 2022-15; providing for the division of vacant land owned by Mike and Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-21.01 and 24-37- 14-51-9-21.02) into two (2) lots of record for development purposes; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 17. Resolution No. 2022-16; modifying and updating the City's list of State Road A1A Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road A1A located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. ITEMS FOR DISCUSSION 1 8:10 p.m. — 8:40 p.m. City of Cape Canaveral, Florida City Council Regular Meeting August 16, 2022 Agenda • Page 4 of 4 18. Parking regulations to help small businesses in our city/Parking Minimums in the Commercial District (Submitted by Mayor Pro Tem Kellum and Mayor Morrison) 19. Short Term Rental. (Submitted by Mayor Pro Tem Kellum) 20. Bringing reclaimed water To Oak Lane and the north west side of N. Atlantic. (Submitted by Mayor Pro Tem Kellum) INFORMATIONAL I Items are presented for informational purposes only with no action to be taken. 21. Monthly Financial Report —June 2022. 22. ProChamps Update. 23. Specimen Tree Removal at Canaveral City Park. REPORTS 1 8:40 p.m. — 8:50 p.m. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Proclamation declaring August 2022 as "Florida Water Professionals Month" to City Public Works Services Staff, representing the Florida Water & Pollution Control Operators Association. Department: Legislative Summary: The Florida Water & Pollution Control Operators Association (FW&PCOA), organized in 1940, is a non-profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development, to protect the health of Florida's citizens and to preserve the state's water resources. The association offers water and wastewater treatment plant operator and water distribution system operator training courses required for the state of Florida's operator licenses, multiple voluntary certification programs and continuing education programs for license renewal. Like other states, Florida is dependent on a network of aging underground pipes. The Florida Section of the American Society of Civil Engineers' most recent report card graded the state's Drinking Water Infrastructure a C+ and Wastewater Infrastructure a C. This assessment highlights the importance of recognizing and supporting Florida's water professionals more than ever; out of sight need not be out of mind. FW&PCOA embarked on a program in 2007 to recognize all water industry employees for their dedication and hard work in providing safe drinking water to Florida's citizens as well as protecting Florida's environment and natural resources. Part of this program has included proclaiming a week during the month of April as "Florida Water Professionals Week." In 2021, FW&PCOA expanded the celebration to include the entire month of August, renaming the event, "Florida Water Professionals Month." The City accordingly adopted a Proclamation last year to recognize that new celebration. FW&PCOA has again invited the City of Cape Canaveral to join them in honoring the efforts of water professionals in our community, and the attached Proclamation has been created to recognize this event for the month of August 2022. Plant/Laboratory Manager Jessica Erdman and Senior Plant Operator Paul Prince from the City's Public Works Services Department will be present at this Council Meeting, on behalf of FW&PCOA, to receive the Proclamation. Submitting Council Member: Mayor Morrison Date: Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action: Present Proclamation to Ms. Erdman and Mr. Prince, representing FW&PCOA. Approved by City Manager: Todd Morley Date: 8/8/22 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the Florida Water & Pollution Control Operators Association (FW&PCOA), organized in 1941, is a non-profit trade organization that promotes the sustainability of Florida's water utility industry through workforce development, to protect the health of Florida's citizens and preserve the State's water resources; and WHEREAS, FW&PCOA offers water and wastewater treatment plant operator and water distribution system operator training courses required for the State of Florida's operator licenses, multiple voluntary certification programs and continuing education programs for operator license renewal; and WHEREAS, FW&PCOA, in recognizing the importance of the Florida Statutes and Administrative Code that regulate the water industry, acts as liaison between the Florida Department of Environmental Protection and industry personnel; and WHEREAS, FW&PCOA recognizes all those who have played a significant part in operating and maintaining drinking water, wastewater and stormwater systems in Florida by celebrating Florida Water Professionals Month, which applauds their constant efforts to protect our health and environment, three hundred sixty-five days per year, through sunshine or catastrophic storm; and WHEREAS, water professionals are often emergency responders during storms and other catastrophic events, working to ensure safe drinking water and safe disposal of wastewater for our communities. NOW, THEREFORE, 1, Wes Morrison, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby acknowledge the month of August 2022 as FLORIDA WATER PROFESSIONALS MONTH in the City of Cape Canaveral and extend greetings and best wishes to all observing this recognition of these professionals. Signed and Sealed this____ Day of _____________, _____________ _____________ Mayor CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • PRESENTATIONS/INTERVIEWS Subject: Presentation of Institute for Elected Municipal Officials Certificate of Completion to Council Member Don Willis. Department: Legislative Summary: The Florida League of Cities (FLC) and Florida State University's John Scott Dailey Florida Institute of Government have designed an intensive academic program called the Institute for Elected Municipal Officials (IEMO). IEMO is a 2-day program which includes curriculum that assists officials in effectively meeting the requirements of their elected role and offers a comprehensive overview of Florida municipal government: ■ Municipal Landscape in Florida ■ Public Officials' Liability ■ Taxes and Other Sources of Revenue ■ Parliamentary Procedures ■ Budgeting and Accounting ■ Effective Council Techniques Following the City's November 2, 2021 Municipal Election, Council Don Willis took his Oath of Office on November 16, 2021 to serve as a Council Member for a term of two years. As a newly -elected official of the City of Cape Canaveral, Council Member Willis attended and completed the 2-day IEMO course held June 10-11, 2022 in Jacksonville, Florida. On behalf of the John Scott Dailey Florida Institute of Government and FLC, Mayor Wes Morrison will present Council Member Willis the IEMO Certificate of Completion. Presenting Council Member: Mayor Morrison Date: Attachments: FLC Letter and Certificate for Council Member Willis Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action: Mayor Morrison to present the IEMO Certificate of Completion to Council Member Don Willis. Approved by City Manager: Todd Morley Date: 8/8/22 FLC UNIVERSITY June 16, 2022 Councilmember Don Willis City of Cape Canaveral 100 Polk Ave Cape Canaveral, FL 32920-3008 Dear Councilmember Don Willis, On behalf of the Florida League of Cities, I am pleased to award this certificate to you for the completion of the Institute for Elected Municipal Officials in Jacksonville, FL held June 10-11, 2022. It is our sincere hope that you found the program challenging and worthwhile. We encourage you take advantage of other training opportunities through FLC University. We also invite you to register for the next offering of IEMO II, when registration opens. You can find dates and locations for other trainings on our event calendar. We strongly believe that your attendance at the Institute is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. Sincerely, (Signature) Lynn S. Tipton Director, FLC University Florida League of Cities LOCAL VOICES MAKING LOCAL CHOICES P.O. Box 538135 a Phone: (407) 425-9142 Orlando, Florida 32853-8135 Fax: (407) 425-9378 flcities.com IEMO FLC UNIVERSITY Certificate of Completion June 10-11, 2022 *Jacksonville, FL Presented to Don Willis Councilmember City of Cape Canaveral FLC FLORIDA LEAGUE OF CITIES CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 1 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 Date: 6/7/22 Attachments: None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 2 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: Communit and Economic Development Summary: This item appeared on the Council's July 19, 2022 Regular Meeting agenda; however, the applicant for the lien reduction was not in attendance, as proper written notification of the meeting was not provided. Per Sec. 2-260 (g)(2) of City Code, the applicant shall have the right to provide any other additional and necessary relevant information or testimony to the Council during its consideration of the application. Due to the lack of notice, this did not occur. To remedy this, the applicant was mailed a certified letter subsequent to the July 19, 2022 Council Regular Meeting, notifying him that the application would be considered by the Council at its August 16, 2022 Regular Meeting. In addition, the applicant's counsel was mailed and emailed the notice. Therefore, out of an abundance of caution and in compliance with Code, the item is presented anew to the Council for its consideration and action. At the May 24, 2022 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). The exhibits associated with Attachment 1 are on file at City Hall and are available to the public via the City's Laserfiche portal. 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. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 2 Page 2 of 3 • 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 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; City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 2 Page 3 of 3 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. 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: Attachments: 1. Report and Recommendation of the Special Magistrate 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: 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: 8/9/22 Attachment 1 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 1 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.7 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). 4 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. 7 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." 11 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 9 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) 14 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. 15 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 15 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.30 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). 34 Transcript, p. 71 (City's Exhibit 2). 35 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.40 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). 40 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 (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. Id. 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 55 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. 57 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. Richard S. Geller Special Magistrate The City of Cape Canaveral 59 See generally Applicants' Exhibits 6A-6G. In Code Enforcement Case 11-00040, regarding 8652 N. Atlantic Avenue, the Code Board reconunended 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 Attachment 2 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASES This Settlement Agreement and Mutual General Releases ("Agreement") is entered into by and between OCEANSIDE PALMS, LLC, A Florida limited liability company, OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC., a Florida corporation, OCEANSIDE TREASURE, LLC, a Florida limited liability company, BOGART PLACE PROPERTIES, LLC, a Florida limited liability company, WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC, a Florida limited liability company, WELLS BOYS BUILDING & CONSTRUCTION, LLC, a Florida limited liability company, JEFFERY W. WELLS, individually, hereinafter collectively referred to as "WELLS", the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, hereinafter referred to as "CITY", and CHRIS ROBINSON, individually, hereinafter referred to as "ROBINSON". Every person and entity to this Agreement are collectively referred to as the "Parties". This Agreement shall be effective the day of its execution by the last undersigned party (the "Effective Date"), as reflected below. WITNESSETH: WHEREAS, this Agreement involves three pending lawsuits in the Circuit Court for Brevard County, Florida, and an appeal pending in the Fifth District Court of Appeal ("Pending Actions"), to wit: Oceanside Treasure, LLC, Wells Boys & Girls Property Management, LLC, Wells Boys Building & Construction, Inc., and Jeffery W. Wells v. City of Cape Canaveral and Chris Robinson, Case Number 05-2018-CA-049945-XXXX-XX, filed on October 17, 2018; ii. Bogart Place Properties, LLC, Wells Boys & Girls Property Managements, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral, Case Number 05-2018-CA-051505-XXXX-XX, filed on October 29, 2018; iii. Oceanside Palms, LLC, Oceanside Palms Condominium Association, 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-XXXX-XX, filed on November 7, 2018; and iv. Bogart Place Properties, LLC, Wells Boys & Girls Properly Managements, LLC, Wells Boys Building and Construction, LLC v. City of Cape Canaveral, Case Number 5D21-2024, filed on August 11, 2021. WHEREAS, the Parties desire to resolve their claims and dispute in connection with the Pending Actions. WHEREAS, this Agreement is entered into freely, knowingly and voluntarily by each of the Parties. The Parties acknowledge that they have signed this Agreement only after due consideration and consultation with their respective attorneys or the opportunity to consult with an attorney of their choosing. The Parties further acknowledge they were not coerced or intimidated into signing this Agreement. The Parties have thoroughly investigated and considered all of the relevant facts and circumstances surrounding the Pending Actions and that in signing this Agreement, the Parties and their counsel have not relied on any oral or written statements made by any other party. NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby AGREED between the Parties as follows: 1. Incorporation of Whereas Clauses: The Parties represent, warrant and affirm that the above recitals are true and correct. 2. Settlement: The Parties agree to settle the Pending Actions as follows: A. On or before February 3, 2022, WELLS shall pay the total sum of Fifty Thousand ($50,000.00) Dollars ("Settlement Proceeds") to the CITY, which shall be inclusive of all claims directed against the City and directed against CHRIS ROBINSON. The payment of the Fifty Thousand ($50,000.00) Dollars shall be payable to: Trust Account of Garganese, Weiss, D'Agresta & Salzman, P.A. for proper distribution. B. WELLS shall dismiss, with prejudice, all Pending Actions, and further agrees not to file any actions relating to the notices of claims dated January 18, 2019, relating to Avon By The Sea and Palms East Cape Canaveral that were served on the City prior to the date of this Agreement. In the event that there are any counterclaims, CITY and ROBINSON shall cooperate in the execution of any joint stipulation and order of dismissal with prejudice. In connection with the appeal pending before the Fifth District Court of Appeal, Case Number 5D21-2024, filed on August 11, 2021, the Parties shall cooperate in the need for any extensions of time and any appropriate motion that will result in the dismissal of the appeal with prejudice. C. As it relates to this Agreement and the settlement of the Pending Actions as aforesaid, all Parties hereto, WELLS, CITY, and ROBINSON, agree to bear and be responsible for their own costs and attorneys' fees, except as otherwise provided herein. 3. Notice: In the event that notice is to be provided under the terms of this Agreement, notice shall be made by electronic mail ("email") as follows: For WELLS, notice shall be provided to Howard Poznanski, Esquire, at email address howardwpoznanskiithhellsouth.net and for CITY and ROBINSON, Debra S. Babb-Nutcher, Esquire, dbabb(iDorlandlaw.net. In the event the email address changes for either attorney hereto, notice is to be immediately provided to the email addresses provided herein. 4. Releases: A. Upon receipt of the full Settlement Proceeds, CITY and ROBINSON, on behalf of themselves individually and in representative capacity as alleged in the Pending Actions, as well as on behalf of their agents, representatives, employees, administrators, attorneys, successors, and assigns (collectively, the "CITY/ROBINSON Releasors") hereby fully, completely, and forever release and discharge WELLS, individually, and all parent companies, affiliates, subsidiaries, officers, directors, managers, and members, as well as all past and present officers, directors, shareholders, members, employees, agents, beneficiaries, administrators, attorneys, successors, and assigns (collectively, the "WELLS Releasees") of and from any and all debts, demands, actions, causes of action, suits, damages, losses, sanctions, obligations, reimbursement for attorney 's fees and costs, claims and rights of whatever kind or description, whether known or unknown, asserted or unasserted, accrued or unaccrued, whether past or present, whether suspected or unsuspected, whether liquidated or unliquidated, whether arising at law or in equity, whether based on contract, breach of warranty, indemnification, contribution, tort, strict liability, or otherwise, and whether involving property damage, loss of use of property, or other financial or economic harm or any other form of injury, that the CITY/ROBINSON Releasors have, had, or may have against the WELLS Releasees, from the beginning of time through the Effective Date of this Agreement as it relates to the Pending Actions. Nothing, herein, however, 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. B. Upon payment of the full Settlement Proceeds, WELLS, individually on behalf of his/its parent companies, affiliates, subsidiaries, officers, directors, managers, and members (collectively, the "WELLS Releasors"), hereby fully, completely, and forever release and discharge the CITY/ROBINSON, in their individual and in representative capacity as alleged in the Pending Actions, as well as on behalf of their agents, representatives, employees, insurers, adjusters, administrators, attorneys, successors, and assigns (collectively, the "CITY/ROBINSON Releasees") of and from any and all debts, demands, actions, causes of action, suits, damages, losses, sanctions, obligations, reimbursement for attomey's fees and costs, claims and rights of whatever kind or description, whether known or unknown, asserted or unasserted, accrued or unaccrued, whether past or present, whether suspected or unsuspected, whether liquidated or unliquidated, whether arising at law or inequity, whether based on contract, breach of warranty, indemnification, contribution, tort, strict liability, or otherwise, and whether involving property damage, loss of use of property, or other financial or economic harm or any other form of injury, that the WELLS Releasors have, had, or may have against the CITY/ROBTNSON Releasees, from the beginning of time through the Effective Date of this Agreement as it relates to the Pending Actions. C. Nothing in this Agreement releases any claim to enforce the obligations set forth in this Agreement or any claim that otherwise accrues after the Effective Date of this Agreement. Nothing herein prevents the City from enforcing its police powers against WELLS relating to any code enforcement issues unrelated to the Pending Actions, however, without prejudice to any of WELLS' rights and remedies under law. 5. Resolution of Disputes an.d Attorneys' Fees: This Agreement is entered into in the State of Florida and shall be construed. and interpreted in accordance with its laws, without regard to the conflict of laws rules thereof. Venue and jurisdiction for any dispute concerning this Agreement, including its interpretation and its effect and the effect of any release set forth herein, and any action to enforce any provision of this Agreement, shall lie and solely be brought in state court within the County of Brevard, State of Florida. The prevailing party in any action to enforce any of the terms or provisions of this Agreement shall be awarded reasonable attorneys' fees and costs, inclusive of appellate attorneys' fees and costs. 6. Integration Clause: The provisions of this Agreement comprise all of the terms, conditions, agreements, and representations of the Parties respecting the settlement of this dispute. This Agreement supersedes all prior agreements, arrangements, and understandings, if any, relating to the subject matter hereof and may be amended only by an instrument in writing executed by all Parties. All representations and promises made by any party to another, whether in writing or orally, concerning the settlement of this dispute, are understood by the Parties to be merged into this Agreement. 7. No Admissions: The Parties understand and agree that this Agreement constitutes a settlement of disputed claims and amounts in order to avoid any litigation and the expense relating thereto, and that nothing herein shall constitute or imply an admission of liability of any kind. 8. Severability: If any portion of this Agreement is subsequently held by a court of competent jurisdiction to conflict with any Federal, State or Local law, and as a result such portion is declared to be invalid and of no force and effect in such jurisdiction, all remaining unaffected provisions of this Agreement, so long as it does not prevent the material terms and conditions of this Agreement from being implemented and the intent of this Agreement from being fulfilled, shall otherwise remain in full force and effect and be construed as if such invalid portion or portions had not been included herein. 9. Tax Consequences: No representations have been made by any party regarding the taxability of all or any portion of the settlement set forth in this Agreement. The Parties have had the opportunity to seek independent advice regarding the tax consequences of the settlement set forth in this Agreement and accept responsibility for satisfaction of any respective tax obligations that may result. 10. Successors: This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective principals, affiliates, members, partners, heirs, administrators, legal representatives, successors, and assigns. 11. Construction: The Parties acknowledge that this Agreement is the product of even -banded negotiations and that each party has played an equal role in the drafting of this Agreement. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning. No party to this Agreement (nor any attorney for any party) shall be deemed to be the drafter of this Agreement. Any rule of construction under Florida law requiring that ambiguities be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 12. Counterparts: This Agreement may be executed in multiple counterparts, all of which shall be considered one and the same Agreement. The transmission by facsimile or electronic mail of any original signed counterpart of the Agreement (or any amendment hereto or any other document delivered pursuant hereto) shall be treated for all purposes as the delivery of an original signed counterpart. The Parties agree that executed scans or photocopies of this Agreement shall be valid and binding, in the event the original executed Agreements are missing or unavailable. 13. Captions: The captions and headings used in this Agreement are for convenience and means of reference only, and shall not be used to construe, interpret, expand, or limit the terms of the Agreement. 14. Waiver: The failure of any party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement shall not be construed as a waiver of any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. Authority: The Parties represent and warrant that the persons executing this Agreement on their behalf are duly authorized to do so, and that the Parties or their officers and agents have taken all corporate actions necessary to make this Agreement a valid and binding obligation. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the latest date set forth below. JEFFERY W. WELLS. Signature: Print Name: JEFFERY W. WELLS Title: INDIVIDUALLY Date: 1/31/22 BOGART PLACE PROPERTIES, LLC OCEANSIDE TREASURE, LLC OCEANSIDE PALMS, LLC WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC WELL BOYS BUILDING AND CONSTRUCTION, LLC Signature: Print Name: JEFFERY W. WELLS Title: MANAGING MEMBER Date: 1/31/22 STATE OF FLORIDA ss COUNTY OF BREVARD I HEREBY CERTIFY that on this 31 st day of January 2022 before me, an officer duly qualified to take acknowledgments and give oaths, personally appeared JEFFERY W. WELLS, individually and as officer/Manager for BOGART PLACE PROPERTIES, LLC, OCEANSIDE TREASURE, LLC, OCEANSIDE PALMS, LLC, WELLS BOYS & GIRLS PROPERTY MANAGEMENT, LLC, WELL BOYS BUILDING AND CONSTRUCTION, LLC, and OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC., by means of 0 physical presence or 0 online notarization, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 31st day of January, 2022 Signature NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: 2025 Personally Known OR _ Produced Identification Type of Identification Produced ___________ STATE OF FLORIDA ss COUNTY OF BREVARD TRACY ANN JONES Commission HH 105025 Expires March 16, 2025 Bonded Thru Troy Fair Insurance 800-385-7019 I HEREBY CERTIFY that on this 31 day of JANUARY, 2021, before me, an officer duly qualified to take acknowledgments and give oaths, personally appeared CHRIS ROBINSON, by means ot X-physical presence or O online notarization, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 31 day of JANUARY, 2021 Signature NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA X Personally Known OR _ Produced Identification Type of Identification Produced PATRICIA ANN ROTH MY COMMISSION # HH 001077 EXPIRES: May 18, 2024 Bonded Thru Notary Public Underwriters OCEANSIDE PALMS CONDOMINIUM ASSOCIATION, INC. Signature: Print Name: JEFFERY W. WELLS Title: PRESIDENT Date: 1/31/22 CHRIS ROBINSON Signature: Print Name: CHRIS ROBINSON Title: CODE OFFICER Date: 1- 3 I - 2022 CITY OF CAPE CANAVERAL Signature: Print Name: Todd Morley Title: City Manager Date: 1/31/22 STATE OF FLORIDA ss COUNTY OF BREVARD I HEREBY CERTIFY that on this 31 day of JANUARY, 2022, before me, an officer duly qualified to take acknowledgments and give oaths, personally appeared TODD MORLEY, acting as City Manager of the City of Cape Canaveral, by means of X-physical presence or 0 online notarization, to me known to be the person described in and who executed the foregoing instrument and who acknowledged before me that he executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 31 day of JANUARY, 2022. Signature NOTARY PUBLIC STATE OF FLORIDA My Commission Expires: X- Personally Known OR Produced Identification Type of Identification Produced _ PATRICIA ANN ROTH MY COMMISSION # HH 001077 EXPIRES: May 18, 2024 Bonded Thtu Notary Public Underwriters ITEM # 3 DRAFT CAPE CANAVERAL CITY COUNCIL BUDGET WORKSHOP MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Tuesday July 19, 2022 5:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:02 P.M. Council Member Willis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum (via webinar) Wes Morrison Angela Raymond (via cell phone) Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Deputy Finance Director Capital Projects Director Capital Projects Deputy Director Community and Economic Development Director Community and Economic Development Deputy Director Deputy City Clerk Executive Assistant to the City Manager/Office Manager Human Resources/Risk Management Director Leisure Services/Community Affairs Director Leisure Services Deputy Director Public Works Services Director Public Works Deputy Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Canaveral Fire Rescue Chief PUBLIC PARTICIPATION: None. AGENDA ITEMS: Todd Morley Anthony Garganese Mia Goforth John DeLeo Jenny Coldiron Jeff Ratliff Tim Carlisle Dave Dickey Zachary Eichholz Daniel LeFever Lisa Day Melinda Huser Molly Thomas Byron Prevost Jim Moore June Clark Byron Keck Scott Molyneaux Dave Sargeant 1. Proposed Fiscal Year 2022/2023 Budget and Five (5) Year Capital Improvement Plan: City Manager Morley provided an overview of the Proposed Budget including what the potential outcomes would be if the Tentative Proposed Millage rate of 3.5596 mills is not City of Cape Canaveral, Florida DRAFT City Council Budget Workshop Meeting • July 19, 2022 Minutes • Page 2 of 2 approved by the City Council as described in the handout distributed by Administrative/Financial Services Director DeLeo (see attached). Discussion ensued and included how the Rollback Rate should not be an option, inflation, supporting Staff, difficulties in retaining and hiring employees, competitive wages, rising prices for goods and services required for City operations, a desire to approve the Rollback Rate and risks, eliminating projects, difference between the General and Enterprise Funds, eliminating or postponing projects, contingency, renewal and replacement funding, protecting Police and Fire budgets, American Rescue Plan Act (ARPA) funds are not designated for taxes or debt, and how the City auditors advised against its use for salaries, support for the Tentative Proposed Millage Rate, some Council desire to meet with Staff again to review potential budget cuts, potential cuts to the Community Redevelopment Agency (CRA) budget and desire to have earlier and Budget Workshops. Council reached consensus to hold a City Council Budget Workshop Meeting on Tuesday, August 16, 2022 at 5:00 p.m. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:58 P.M. Wes Morrison, Mayor Mia Goforth, City Clerk DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday July 19, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:05 p.m. Council Member Kim Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum (via webinar) Wes Morrison Angela Raymond (via phone; call dropped approximately 7:08 p.m.) Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Deputy City Clerk Executive Assistant to the City Manager/Office Manager Leisure Services/Community Affairs Director Public Works Services Director Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Daniel LeFever Lisa Day Molly Thomas Jim Moore Byron Keck Scott Molyneaux PUBLIC PARTICIPATION: City residents and/or property owners, Cassie Farrell, William Hodge, Sarah Hodge, Bruce Robertson, Jay Petty, Hugh Coleman, Gwendolyn Hagar, and Patrick Campbell, discussed opposition to the Florida Department of Transportation (FDOT) State Road A1A Roundabout project, placing the issue on the ballot, and a call for City Council and Management to take a position on the matter by resolution. Peg S. Schaller, resident and business owner, discussed desire for Council to reduce the number of parking spaces for businesses in the City Code and why. Ginny Dirschka, property owner, distributed a handout (attached) to the City Council and discussed opposition to Agenda Item 17, Specimen Tree Removal at Canaveral City Park. Mayor Morrison stated a majority of citizens in the City oppose the FDOT Roundabout, personal opposition to the Roundabout, and urged Council to direct City Attorney Garganese to draft a resolution for future consideration. Discussion ensued and included debate over FDOT's timeline to receive feedback from citizens, opposition to voting on the issue before more feedback is City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 2 of 7 received, where citizen support for the Project is, FDOT's condominium and homeowner association outreach, two requests from groups interested in meeting with FDOT in the Fall, and FDOT District 5 Staff efforts to set up additional meetings. City Manager Morley confirmed FDOT's 1 to 2-year timeline was verbally communicated to him during a meeting. At approximately 7:08 p.m., Executive Assistant to the City Manager Day indicated Council Member Raymond dropped off the phone call but would continue to try connecting. Discussion continued regarding whether Council should take a position on the Roundabout now or wait for more citizen feedback, whether part-time/seasonal residents opinions matter or not, possible compromise with FDOT, desire to have FDOT provide an updated report to the Council, whether or not FDOT desires to know what Council's position on the issue of a Roundabout is, desire to move on because the topic appears later on the Agenda, and drafting a resolution versus ballot referendum by citizen initiative. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to direct the City Attorney to draft a revised resolution for State Road A1A. Discussion ensued regarding desire for an updated report from FDOT, desire to wait until Council receives FDOT's report before directing Staff to draft paperwork, and clarification on the motion to revise the Resolution. Council reached consensus to invite FDOT to provide a report at the August City Council Meeting. The motion carried 3-1, with Council Member Davis voting against and Council Member Raymond absent. Discussion ensued and included Mayor Morrison's desire to save the Specimen Oak Tree at Canaveral City Park and Council's unanimous vote at the June City Council Meeting to allow City Manager Morley to make the final decision. Council Member Willis apologized to City Manager Morley for having put him in the position to make the final decision, that by City Code, was the Council's responsibility. BUDGETARY ITEM (PUBLIC HEARING): 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: Mayor Morrison read the title into the record. City Manager Morley discussed the Tentative Proposed Millage rate, subsequent adjustments must be at a lower rate, the Truth in Millage Notice (TRIM) process, and the total millage rate of 3.5596 mills provides for a balanced Budget with employee compensation and Council projects. Discussion ensued and included a two-thirds majority vote of Council present required to pass the Resolution, and how adoption meets the deadline for property owners to receive the TRIM Notice in the mail. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Resolution No. 2022-14, as written. Discussion ensued and included last year's Tentative Proposed Millage rate, how the rate is calculated, further rate reductions could result in $500,000 being cut from the proposed Budget, complexity of the State's TRIM process and computation, opposition to the motion on the floor, desire to go below rollback versus unknown long-term effects of the action, loss of grants that have been approved, examining potential cuts to the proposed Budget over the next thirty days, delaying the vote could result in the City not being able to pay bills on time, and desire to see multiple proposed Budgets based on different tax rates. The Public Hearing was opened. Patrick Campbell, resident, inquired about the comment regarding the City not being able to pay bills on time. Financial Services Director DeLeo explained the City receives the bulk of tax revenue in December and January and how it would be difficult to predict how much money the City would have in the bank should those tax dollars be delayed. The Public Hearing was closed. Discussion continued regarding desire for additional Budget Workshops before the millage rate is set, whether to adopt the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 3 of 7 Resolution as written, and assessed taxable value versus taxable rate on homesteaded property. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. Mayor Morrison recessed the meeting at 8:04 p.m. The meeting reconvened at 8:16 p.m. OLD BUSINESS: 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: City Manager Morley explained the Item, and the deliverable in January should Council approve the Study. Discussion ensued and included whether the same service could be provided sooner by another firm and the typical lead-time of thirty days once an agreement is executed. Community and Economic Development Director Dickey explained Kimley-Horn and Associates, Inc. (Kimley-Horn) was chosen from the City's Consultant's Competitive Negotiations Act (CCNA) Continuing Consulting and Professional Services list based on the firm's familiarity with City streets and their work on the Presidential Streets Master Plan, how the economy has impacted services of engineering firms in general, and Staff could request Kimley-Horn expedite if Council approves the Study. Discussion ensued and included using American Rescue Plan Act (ARPA) funds, the impacts of the long deliverable time with a possible new Council that could vote the opposite way later, revenue for the City versus the expense to enforce the law, opportunity to use electric vehicles and commuting at a lower cost, this expenditure being similar in risk as the City's failed parking meter ordinance, passing the Ordinance before completing the Study, and the pros and cons of the Item even if the Study is shelved. City Attorney Garganese discussed how the enabling Ordinance is structured to include a Study, the Ordinance puts Council in a position to be ready, and a resolution would allow the City to proceed after that. Discussion continued regarding potential Golf Cart Ordinance implementation issue including payment terms, designating certain areas on State Road A1A as cross-overs, licensed low -speed vehicles, and fairness of not allowing either type vehicles to operate in the City at all. City Manager Morley suggested bringing both the Ordinance and this Item back at the August City Council Meeting. Discussion continued regarding whether to approve the Study or wait until August with the second reading of Ordinance No. 04-2022. Shannon Roberts, resident, discussed safety concerns regarding the community in the area of Shorewood Drive and North Atlantic Avenue, private roads, thanked Council for the Study and expressed interest in seeing a presentation. Community and Economic Development Director Dickey confirmed Council will receive a presentation regarding results of the Study. Council reached consensus for Staff to bring the Proposal Item and Ordinance No. 04-2022 back for second reading at the City Council Regular Meeting of August 16, 2022. 3. Rising Rents. (Submitted by Council Member Raymond): Council reached consensus to bring the Item back at the City Council Regular Meeting in August under Old Business. CONSENT AGENDA: Mayor Morrison removed Item 5. 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. City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes • Page 4 of 7 DRAFT A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Item 4. The motion carried 4-0, with Council Member Raymond absent. #5 Discussion ensued and included whether Tetra Tech is the only firm that can perform the task order, the CCNA process, why the City is not using Ovivo's proprietary engineering design and construction plans, retro-fit versus replacement, possible alternative improvements before engineering plans are prepared to be competitively bid, Mayor Morrison's idea to do an entirely new design/build project for the WRF, and ARPA funding is available. City Attorney Garganese explained to Mayor Morrison the competitive bid process for CCNA for which Tetra Tech has already gone through and the City chose, and further explained Tetra Tech will do an evaluation, after which Staff will determine acceptability for Tetra Tech to perform bid services. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda Item for Tetra Tech. Patrick Campbell, resident, discussed support for going out to bid. Discussion ensued and included whether it was possible to go back to the original sole source option at this point and being past the point of no return due to the impacts of public comments, discussion and decisions made at previous meeting related to the sole source option. City Attorney Garganese advised Council follow Staff recommendation. Discussion continued regarding Ovivo, delay if it were to go out for bid, weekly cost for temporary fix, and safety issues. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the meeting twenty minutes. The motion carried 4-0, with Council Member Raymond absent. Discussion ensued regarding how to move forward, Council trust in Staff, and the need to look at the process in the future. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. PUBLIC HEARING: 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 Attorney Garganese read the title into the record, explained the Item, and discussed the annual review which Council can decided to suspend or reduce based on the schedule of rates and the term periodic evaluation which gives flexibility to do everything except raise rates above the Schedule of Fees. Discussion ensued and included how best to conduct the annual review of the rate schedule, Consultant Raftelis' fee of $250-$300 per hour, and City Manager Morley's recommendation to trust Staff to conduct the annual review in-house which would save the cost of the consultant fee. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the meeting to 10:30 p.m. The motion carried 4-0, with Council Member Raymond absent. Discussion continued regarding how rates were not increased in fiscal year 2021/2022 and this is a 7.5% increase. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 16-2022, as written and allow Staff to conduct the Annual Review. Discussion ensued regarding the motion. City Attorney Garganese confirmed the motion would not require any changes to the Ordinance. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. Discussion ensued regarding thirteen years' worth of historical data regarding sewer rates revenue. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 5 of 7 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: City Attorney Garganese explained there would be one public hearing for the Phase III Ordinances of this rezoning plan, and read the titles into the record. City Manager Morley explained the Item and stated there were no objections from any property owners for this and the following Ordinances. The Public Hearing was opened. There being no comment, Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis to adopt Ordinance No. 06-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 07-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the meeting to 11:00 p.m. The motion carried 4-0, with Council Member Raymond absent. 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 08-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 09-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 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 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 6 of 7 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 10-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 11-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 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 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 12-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 13-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 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 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 7 of 7 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 14-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 15-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. ITEM FOR ACTION: 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: City Manager Morley explained the Item. City Attorney Garganese advised on the procedure and recommendation before Council. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to accept the Special Magistrate's Report and Recommendation regarding the lien and denying the reduction. The motion carried 4-0, with Council Member Raymond absent. ITEM FOR DISCUSSION: 13. Options to accomplish shorter more effective meetings while accommodating time for council to speak to each other. (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item. Discussion ensued and included support for shorter meetings, the negative effects of long meetings on Council, Staff and attendees, directing Staff to research the issue and whether/when to schedule one workshop meeting or more. City Manager Morley suggested waiting until Tuesday, September 6, 2022 which would give Staff and Council Members time to conduct research. Council reached consensus to schedule a City Council Workshop Meeting on Tuesday, September 6, 2022 at 5:00 p.m. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:58 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk July 19, 2022 As Presented 7/19/2022 # 17. The specimen tree and the canopy it makes with the tree next to it have incalculable value. The deep shade of the canopy, even trimmed back away from the shade structures is far superior and provides cooling of the land and of the building. Spectrum Covered food market Land surface temperature 18 June 2022 2.50 PM 44% 35 41.5 48 Sempione park The first photo on the right shows a market with "shade structures". The second photo shows a park with large trees. The effect of trees on cooling in an urban environment is clear. The Cape Canaveral City park is concrete and grass and tiny trees that will not provide shade for years. The specimen tree is established and will provide cooling, habitat and oxygen. The huge mistake made by the city and/or the contracted designer to put shade structures on the north side of the splash pad is an unfortunate error. The shade structures should be on the south end and the tree would have been out of harms way. Any liability now is a result of this error. The cost of the splash pad is minor to this multi -million dollar project and the damage this tree can cause to it is a worst case scenario and unlikely. The damage to the tree roots is the arborists' best guess and he may be incorrect. With truly skilled trimmingt, + a root barrier which I have offered to pay half of the canopy may be saved. It is a typical sand oak, with a rounded short crown, wide forks and little lateral weight. It has evolved to be resilient in our climate. Help it help us to maintain our climate and let it live. Sincerely, Ginny Dirschka CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 4 Subject: Resolution No. 2022-01; approving the Application for the Final Plat of Poinsetta Place, generally located on the corner of Jefferson Avenue and Poinsetta Avenue, Cape Canaveral; providing for the repeal of prior inconsistent Resolutions; severability; and an effective date. Department: Community and Economic Development Summary: The applicant is requesting Final Plat approval for the Beach Oaks Subdivision located on Parcel #24 37 23 CG 13 4 (Attachment 1), which is located on the 100 Block of Jefferson Avenue. The request proposes to plat the parcel into three (3) lots. In summary, the request is for Final Plat approval (Attachment 2). Typically, these approvals are processed separately, however, since the subdivision only includes three (3) lots, is under common ownership, and there are no public improvements, Preliminary and Final Plat approval has been combined to streamline the process. The parcel consists of .647-acres and is zoned R-2. The proposed lots are consistent with requirements of the R-2 district and allow for land use consistent with the City Comprehensive Plan. The parcel is located in a Flood Zone X, which indicates an area outside of the 500-year flood zone. On May 10, 2022, Mike Allen, the City's Reviewing Surveyor, indicated that the proposed Plat meets minimum State platting requirements as established in Chapter 177, Florida Statutes. The lots are accessed by Jefferson and Poinsetta Avenues, which operate at an acceptable level -of -service. Water and wastewater infrastructure is adjacent to the proposed lots and have available capacity. The proposed single-family residential uses represent a continuation of the development pattern in the general area, as there exists single, multi -family, and townhouse uses in the immediate area. Chapter 98, Article II of the City Code spells out the process by which the City will review and approve Preliminary/Final Plat. In general, the process consists of three steps: 1-Staff conducts a pre -application meeting with the applicant to determine if the application is adequate; 2-the Planning & Zoning Board holds a public meeting and makes a recommendation on the proposed Preliminary Plat; and, 3-the City Council holds a public hearing and takes final action on the request. Consistent with City Code, a pre -application conference was held on March 30, 2021, to discuss the project and the requirements of the City's zoning and platting processes. Article II of Chapter 98 of the City Code establishes required information for application of Preliminary and Final Plat approval. Additionally, Staff has reviewed the submittal for consistency with Sec. 98-61 of City Code, which lists the general criteria that must be satisfied for plat approval, including: 1. The application is in compliance with the provisions of this article and applicable law. 2. The application is consistent with the City's comprehensive plan. 3. The application does not create any lots, tracts of land or developments that do not conform to the City Code. 4. The application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 4 Page 2 of 2 5. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. 6. The application does not create burdensome congestion on the streets and highways. 7. The application promotes the orderly layout and use of land. 8. The application provides for adequate light and air. 9. The application does not create overcrowding of land. 10. The application does not pose any significant harm to the adequate and economical provision of water, sewer and other public services. The City Attorney has reviewed the submitted Property Information Report from Old Republic National Title Insurance Company (Attachment 3) for any liens and to verify that the ownership is consistent with the dedicatory language on the Plat. Resolution No. 2022-01 has been prepared to approve the Poinsetta Place Final Plat (Attachment 5). On July 26, 2022, the City Engineer recommended approval of the subject plat. At its August 3, 2022 Meeting, the Planning and Zoning Board recommended approval of Resolution No. 2022-01. Submitting Department Director: David Dickey Date: Attachments: 1. Aerial Map 2. Application 3. Property Info Report 4. Poinsetta Place Plat 5. Resolution No. 2022-01 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action(s): Adopt Resolution No. 2022-01. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 Aerial Map N Attachment 2 Jefferson Avenue/Poinsetta Avenue Site Rezone and Plat Applications 26 May 2021 11th Street DEVELOPMENT Plat Application Exhibit A Information Sheet CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL PLAT APPLICATION PACKET Information Sheet Date of Submittal: 26 May 2021 Project Name: Jefferson Poinsetta Subdivision Project Address (if not available, provide general location): Southwest corner of Jefferson Avenue and Poinsetta Avenue Legal Description (attach legal): East 1/2 of Lot 4, Lots 5, 6, 7 and 8, Block 13 Avon by the Sea Zoning and FLU Designations: Zoning. C1 FLU: C1 Owner(s) Name: Poinsetta LLC Owners(s) Address: 305 NW 22nd Street, Delray Beach, FL 33444 Phone Number(s): 954/288-4591 Email(s): jay@motor-district.com If applicant is not owner, a completed Power of Attorney form is required. Applicant Name: 11th Street Development, representative Bryan Stumpf Applicant Address: 7378 N 550 E, Lebanon, IN 46052 Applicant Phone Number(s): 317/721-8279 Applicant Email: bstumpf@11thstreetdevelopment.com Signature (owner or applicant): City of Cape Canaveral Preliminary Plat Application pg .4 CITY OF CAPE CANAVERAL PRELIMINARY AND FINAL PLAT APPLICATION PACKET Application Fee Sheet & Payment Receipt Date: Project Name: Jefferson Poinsetta Subdivision Application Submittal Fees Residential Total # of Units 1, 2 or 3 units = $37.50 $ 4 units = $50.00 $ More than 4 units; add $7.50 per unit (not to exceed $500.00) # of units over 4 X $7.50 = $ Total Residential. = $ Commercial $150.00 per acre or portion thereof acre(s) X $150.00 per acre: = $ Total Application Fee = $ 2,718.66 Deposit toward Review Fees Residential: 1 — 4 units $700.00 4 — 50 units $1,800.00 More than 50 units or Hotel/Motel $2,800.00 Commercial: Up to 4 acres $1,800.00 4 — 8 acres $2,300.00 More than 8 acres Review fee to be established after pre -application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. Total acres: 0.65 acres For City Use Only (Escrow Account) Total Review Deposit Received: $ 56.16 Total Plat Submittal Fee Rec'd: $ 2,662.50 Paid Receipt No: 66237/66408 Date Rec'd: 6.15.2021 City of Cape Canaveral Preliminary Plat Application pg. 5 Plat Application Exhibit B Agent Authorization CITY OF CAPE CANAVERAL AGENT AUTHORIZATION FORM I/WE, PRINT PROPERTY OWNER NAME) Poinsetta, LLC , AS THE OWNER(S) OF THE REAL PROPERTY DESCRIBED AS FOLLOWS, The east 1/2 of Lot 4 and Lots 5, 6, 7, and 8, Block 13, Avon by the Sea DO HERBY AUTHORIZE TO ACT AS MY/OUR AGENT (PRINT AGENT'S NAME), Bryan Stumpf at 11 th Street Development, LLC FOR APPLICANT, Poinsetta, LLC TO EXECUTE ANY PETITIONS OR OTHER DOCUMENTS NECESSARY TO AFFECT THE APPLICATION APPROVAL REQUESTED AND MORE SPECIFICALLY DESCRIBED AS FOLLOWS, rezone, preliminary plat, and final plat , AND TO APPEARD ON MY/OUR BEHALF BEOFRE ANY ADMINSTRATIVE OR LEGISLATIVE BODY IN THE COUNTY CONSIDERING THIS APPLICATION AND TO ACT IN ALL RESPECTS AS OUR AGENT IN MATTERS PERTAINING TO THE APPLICATION. Date: 5/22/21 Signature of Property Owner James R. Farmer Print Name of Property Owner Date: Signature of Property Owner Print Name of Property Owner STATE OF FLORIDA COUNTY OF BREVARD Sworn to and subscribed before me by means of Vphysical presence or ❑ remote audio-visual means, this 22 day of May , 2021, by James R. Farmer , who signed with a mark in the presence of these witnesses: Signature/Stamp of Notary Public: X- Personally Known or ❑ Produced Identification n/a. (Type of Identification Produced) JILL ELIZABETH WILKES Notary Public - Seal Hamilton County - State of Indiana Commission Number NP0633460 My Commission Expires Feb 29, 2028 City of Cape Canaveral Agent Authorization Form — 01/2020 Plat Application Exhibit C Final Plat POINSETTA PLACE PLAT 300 PAGE JEFFERSON AVENUE SITE POINSETTA AVENUE VICINITY MAP (NOT TO SCALE) LEGAL DESCRIPTION: A REPLAT OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 8477, PAGE 1542 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND DESCRIBED AS FOLLOWS: THE EAST Yz OF LOT 4 AND LOTS 5, 6, 7 AND 8 BLOCK 13, AVON-BY-THE-SEA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE(S) 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, CONTAINING 28312 SQUARE FEET +- OR 0.65 ACRES MORE OR LESS SURVEYORS NOTES: 1. Bearings depicted are based on assumed datum and refer to the Southerly right—of—way line of Jefferson Avenue having a bearing of N 90'00'00" E. 2. • Indicates permanent reference monument with nail & disc stamped "NIELSEN L.B. 6946 P.R.M." 3. • Indicates permanent control point (No. 5 rebar with plastic cap), Stamped "NIELSEN L.B. 6946" 4. NOTICE: This plat as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of this plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county. 5. Unless noted otherwise all dimensions are in U.S. survey foot and 10ths of feet. 6. A 5.00 foot wide easement along all side lot lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. A 7.50 foot wide easement along all rear lot lines lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. A 10.00 foot wide easement along all front lot lines lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. A 20.00 foot wide easement along the side lot line of lot 3 lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. 7. All other city of Cape Canaveral ordinances must be complied with. 8. The term 'public utilities" includes, but is not limited to, all public or private utility service providers providing water, sewer, reclaimed, cable, electric, telephone, fiber, gas or any other utility service to the platted property in accordance with law. No construction, installation, maintenance and operation of public utilities shall interfere with the drainage facilities or previously existing public utilities located within the easement. Such construction, installation, maintenance, and operation of public utilities shall comply with applicable laws. 9. In the event that the City of Cape Canaveral provides emergency maintenance of the private drainage facilities located on the platted property, the City shall have the right to assess the full cost of such maintenance on the entire platted property including each platted lot and record a lien against such property until the assessment is paid in full. The lot owners shall be equally and jointly responsible for the costs assessed by the City. 10. The drainage facilities within the drainage easement shall remain in good working order at all times and in compliance with all laws, rules, and regulations of all governmental authorities exercising jurisdiction thereover. Structures shall be prohibited within the drainage easement other than public utilities. The drainage facilities and easement shall be maintained in a manner to prevent any impediment or obstruction of the storage, free flow and drainage of water. 25.0' REMAINDER REMAINDER OF LOT 4 BLOCK 13 AVON BY THE SEA L__— 25.0' 0, "A REPLAT OF THE EAST Y2 OF LOT 4, LOTS 5, 6, 7, AND 8, BLOCK 13 AVON-BY-THE-SEA PER PLAT BOOK 3, PAGE 7 SECTION 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA" N 90°00'00" E O Ln N N 01 °48'07 E ■ 75.00' 10' UTILITY EASEMENT LOT 1 L 25.0' LOT 12 BLOCK 13 AVON BY THE SEA 7.5' P.U.& D.E. 75.00' 1 O Lj) N 0 D • JEFFERS 0 N AVENUE C\L 48' PUBLIC RIGHT OF WAY (per Plat Book 3, Page 7) n 75.00' 10' UTILITY EASEMENT LOT 2 7.5' P.U.& D.E. 75.00' S 90°00'00" W T 0 0 225.00' LOT 13 BLOCK 13 AVON BY THE SEA 40 CA 0) • 225.00' ti co 0 r (1) LL 0i 0_ 0 75.00 10' UTILITY EASEMENT LOT 3 15' I' 1 H z w w 20' DRAINAGE & UTILITY 0 LOT 14 BLOCK 13 AVON BY THE SEA 7.5P.U.& D.E. 20 40 FEET SCALE= 1 inch = 20 feet 150.00' S 90°00'00" W LOT 15 BLOCK 13 AVON BY THE SEA J LOT 16 BLOCK 13 AVON BY THE SEA lb 'N Is- SE CORNER OF BLOCK 13 FND. 5/8" I.R. NO ID. S 01 °48'07" W 25.0' a 3 v_ 0 c N 0 o_ M 0 0 m —1 —J U Change to ID. POINSETTA ABBREVIATION: C/L = CENTER LINE = LICENSED BUSINESS = IDENTIFICATION M. = PROFESSIONAL SURVEYOR & MAPPER C.M. = CONCRETE MONUMENT P.R.M. = PERMANENT REFERENCE MONUMENT P.U.&D.E. = PUBLIC UTILITY & DRAINAGE EASEMENT I.R. = IRON ROD FND. = FOUND "LOT ACREAGE TABLE" LOT NO. AREA (SQUARE FEET) AREA (ACRES) LOT 1 9437.83 SQUARE FEET 0.22 ACRES LOT 2 8695.7 SQUARE FEET 0.20 ACRES LOT 3 10179.99 SQUARE FEET 0.23 ACRES /PREPARED BY: eirteilm yam" Y ino oeL 69F6 12 STONE STREET, COCOA ,FL. 32922 PHONE: (321) 631-5654 FAX: (321) 631-5974 SHEET 1 OF 1 SECTION 23 TWP. 24 S.. RANGE 37 E. DEDICATION KNOW ALL THESE PRESENTS, that POINSETTA, LLC, a Florida limited liability company, being the owner in fee simple of the lands described in POINSETTA PLACE hereby dedicates said lands and plat for the following uses and purposes: (1) A non—exclusive and perpetual public utility easement is hereby dedicated over, under, through and across all side, rear and front lot lines as depicted on this plat including, but not limited to, water, sewer, reclaimed, cable, electric, telephone, fiber, and gas, for purposes of constructing, maintaining, repairing and replacing their respective utility facilities which provides services to the platted property. Such public easement shall include the right of ingress and egress for said purposes. (2) A private drainage easement is hereby dedicated for the benefit of each lot owner and the platted property over, under, through and across all side, rear and front lot lines as depicted on this plat for purposes of constructing, maintaining, repairing and replacing the private drainage facilities which provide drainage to the platted property including all swales, weirs, boxes, grates, pipes and other infrastructure. Such private easement shall include each lot owner's right of ingress and egress for said purposes. The lot owners shall be jointly responsible for maintaining the drainage facilities in good working order at all times. (3) A drainage easement is hereby dedicated to the City of Cape Canaveral over, under, through and across all side, rear and front lot lines as depicted on this plat for purposes of inspection and emergency maintenance of the private drainage facilities. Such easement shall include the City's right of ingress and egress for said purposes. This easement shall not be construed or interpreted as obligating the City to inspect or maintain the private drainage facilities, and the City assumes no responsibility for the maintenance or operation of said facilities. (4) An ingress and egress easement is hereby dedicated to the City of Cape Canaveral and Brevard County over and across the platted property for purposes of responding to emergencies and inspections to determine compliance with applicable local, state and federal codes. Witnesses: POINSETTA, LLC By: Bryan D. Stumpf as Authorized Signatory Print Name: Print Name: By: Bryan D. Stumpf , Authorized Signatory 7378 N 550 EAST LEBANON, INDIANA 46052 STATE OF FLORIDA COUNTY OF BREVARD This instrument was acknowledged before me by means of _ physical presence or _ online notarization this day of , 2022 by Bryan D. Stumpf, as Authorized Signatory of POINSETTA LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or produced a driver's license and did not give an oath. Print Name: Notary Public, State of Florida My Commission Expires: CERTIFICATE OF APPROVAL BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL THIS IS TO CERTIFY, the foregoing plat was approved by the City Council of the City of Cape Canaveral, Florida. ATTEST: WES MORRISON, MAYOR MIA GOFORTH, CITY CLERK CERTIFICATE OF REVIEWING SURVEYOR FOR CITY OF CAPE CANAVERAL PLAT REVIEWED BY WITH THE CITY OF CAPE CANAVERAL, FLORIDA FOR CONFORMITY WITH CHAPTER 177, PART I, FLORIDA STATUTES DATE: CERTIFICATE OF CLERK I HEREBY CERTIFY, That I have examined the foregoing plat and find that it complies in form with all the requirements of Chapter 177, Florida Statutes, and was filed for record on at File No. Clerk of the Circuit Court in and for Brevard County, FL QUALIFICATION STATEMENT OF SURVEYOR AND MAPPER KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being a licensed and registered land surveyor and mapper, does hereby certify that on May 04, 2022, That I Eric Nielsen completed the survey of the lands as shown on the foregoing plat; that said plat is a true and correct representation of a survey made under my responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief; that Permanent Reference Monuments ("P.R.M.s"),Permanent Control Points ("P.C.P.s") ,and Monuments according to Sec. 177.091(9), F.S., have been placed as required by law; and, further, that the survey data complies with all the requirements of Chapter 177, Part 1, Florida Statutes, as amended. Company Name: ERIC NIELSEN LAND SURVEYING, INC. Corporation No: L.B. 6946 Address: 12 STONE STREET, COCOA, FL. ERIC NIELSEN Surveyor of record, P.S.M. License No. 5386 State of Florida PROPERTY INFORMATION REPORT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY The City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Attention: Anthony Garfanese Re: ORT # 22072054 This is to certify that we have searched the public records of Brevard County, Florida, through May 8, 2022 @ 5:00 p.m. to the extent the same are maintained in the Office of the Clerk of the Circuit Court, on the property described in the caption of the proposed plat of: Poinsetta and more particularly described in attached legal description and that said search reveals record title to said lands to be vested in Poinsetta LLC, a Florida limited liability company, by virtue of Warranty Deed recorded in O.R. Book 9158, Page I427. Our search reveals the following encumbrances and/or exceptions to title which are not satisfied or released of record: 1. Warranty Deed from Wittekind Enterprises, Inc., a Florida corporation and Babar Enterprises, LLC, a Florida limited liability company to Poinsetta, LLC, a Florida limited liability company recorded June 16, 2021 in O.R. Book 9158, Page 1427, Public Records of Brevard County, Florida. Other matters of record: 2. Matters contained on the plat of Avon by the Sea, as recorded in Plat Book 3, Page 7A, Public Records of Brevard County, Florida. TAX INFORMATION: 2021 Taxes are PAID - gross amount $ 4,490.09 Tax ID Number 24-37-23-CG-13-4 Account #2433492 This report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this property information report for errors or omissions in this property information report is limited to the amount paid for this property information report, and is further limited to the person(s) expressly identified by name in the property information report as the recipient(s) of the property information report. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY (Signature) Authorized Signatory 151 Southhall Lane Suite #250 Maitland FL 32751 Phone: 407-647-1915 Fax: EXHIBIT A The East 1/2 of Lot 4 and Lots 5, 6, 7, and 8, Block 13, Avon By The Sea, according to the plat thereof recorded in Plat Book 3, Page 7A, of the Public Records of Brevard County, Florida. CFN 2021156286, OR BK 9158 Page 1427, Recorded 06/16/2021 at 04:22 PM Rachel M. Sadoff, Clerk of Courts, Brevard County Doc. D: $3360.00 Prepared by: Leanne Shufelt Title Solutions of Florida, LLC 2625 Barna Ave. Suite E Titusville, Florida 32780 $480,000.00 File Number: TS21-0351 General Warranty Deed Made this May 25, 2021 AD., By WITTEKIND ENTERPRISES, INC., a Florida Corporation, and BABER ENTERPRISES, LLC, a Florida Limited Liability Company, whose post office address is: 161 Harmony 1. ,n, Titusville, Florida 32780, hereinafter called the grantor, to POINSETTA, LLC, a Florida Limited Liability Company, whose post office address is: 12965 Old Meredian Street, Carmel, Indiana 46032, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations; receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in Brevard County, Florida, viz: The East 1/2 of Lot 4 and Lots 5, 6, 7, and 8, Block 13, Avon By the Rea, according to the Oat thereof, as recorded in Plat Book 3, Page 7, of tbe Public Records of Brevard County, Florida. Said property is not the homestead of the erantor(s) under the laws and Constitution of the State of Florida in that neither Grantor(s) nor any member of the household of Grantor(s) reside thereon. The grantor(s) does/do not reside on the subject property and this it is not adjacent to or contiguous with his/her/their homestead. Furthermore, no member of the grantor's family is dependent upon him/her/thetn for support resides on the subject property, Parcel ID Number: 24-37-23-CG-13-4 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, [user input prior year]. DEED Individual Warranty Deed with Non-llomestead-Legal on Schedule A OR BK 9158 PG 1428 Prepared by. Leanne Shufelt Title Solutions of Florida, LLC 2625 Barna Ave. Suite E Titusville, Florida 32780 $480,000.00 File Number TS21-0351 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: (Signature) Witness Printed Name Dawn Joseph GARY A. WITTEKIND , PRESIDENT OF WITTEKIND ENTERPRISE , INC., a Florida Corporation Address: 161 Harmony Ln Titusville, Florida 32780 (Seal) (Signature) Witness Printed Name Leanne Shufelt JANET SABER PARASMO, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability company Address; 685 Hermitage Circle Palm Beach Gardens, Florida 33410 (Seal) State of Florida County of Brevard The foregoing instrument was acknowledged before me by means of [ ] X- physical presence or [] online notarization, this 25th day of May, 2021, by GARY A. WITTEKIND, PRESIDENT OF WITTEKIND ENTERPRISES, INC., a Florida Corporation, and JANET BABER-PARASMO, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability rr pany, who is/are personally known to me or who has produced as identification. (Signature) Notary Public Print Name: My Commission Expires: Notary Public ( ) My Comm. Expires Oct 30, 2022 Bonded through National Notary Assn. DEED Individual Warranty Deed with Non -Homestead -Legal on Schedule A OR BK 9158 PG 1429 Prepared by: Leanne Shufelt Title Solutions of Florida, LLC 2625 Barna Ave. Suite E Titusville, Florida 32780 $480,000.00 File Number: TS2 1-0351 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: (Signature) Witness Printed Name Nancy L. Mazza (seal) GARY A. WITTEKIND, PRESIDENT OF WITTEKIND ENTERPRISES, INC., a Florida Corporation Address: 161 Harmony Ln Titusville, Florida 32780 (Signature) Witness Printed Name: Elizabeth Guerrazzi (Seal) (Signature) JANET BARER PARASMO, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability company Address: 685 Hermitage Circle Palm Beach Gardens, Florida 33410 State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of [ ] physical presence or [ ] wiling notarization, this 24th day of May, 2021, by GARY A. WITTEKIND, PRESIDENT-OF-WITITKINID ENTERPRISES, INC., a Florida Corporation, and JANET BABER PARASMO, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability company, who is/are personally known to me or who has produced (?) as identification. (Signature) Notary Public Print Name: Nancy L. Mazza My Commission Expires: 11-12-2022 NANCY L. MAZZA Notary Public- State of Florida Commission GG 275594 My Comm. Expires Nov 12, 2022 Bonded through National Notary Assn. DEED Individual Warranty Deed with Non-Homostcad-Legal on Schedule A LISA CULLEN, CFC NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS BREVARD COUNTY TAX COLLECTOR 2021 REMINDER REAL ESTATE TAX ACCOUNT NUMBER ESCROW CD MILLAGE CODE 26G0 Poinsetta LLC 12965 Old Meridian ST Carmel, IN 46032-1489 Pay your taxes online at www.brevardtc.com 0 UNKNOWN AVON BY THE SEA E 1/2 OF LOT 4 & ALL LOTS 5 TO 8 BLK 13 AD VALOREM TAXES TAXING AUTHORITY MILLAGE RATE COUNTY GENERAL FUND BREVARD LIBRARY DISTRICT BREVARD MOSQUITO CONTROL TI-CO AIRPORT AUTHORITY SCHOOL - BY STATE LAW SCHOOL - BY LOCAL BOARD SCHOOL - CAPITAL OUTLAY CITY CAPE CANAVERAL GEN GOV CITY CAPE CANAVERAL LIBRARY ST JOHNS RIVER WATER MGMT DST FLA INLAND NAVIGATION DIST ENV END LD/WTR LTD 05-24 ENV END LD/WTR LTD(DBTP) 05-24 3.5661 0.4118 0.1669 0.0000 3.6020 0.7480 1.5000 3.5291 0.0464 0.2189 0.0320 0.0571 0.0488 ASSESSED VALUE EXEMPTION 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 0 0 0 0 0 0 0 0 0 0 0 0 0 TAXABLE VALUE 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 322,400 TOTAL MILLAGE 13.9271 AD VALOREM TAXES TAXES LEVIED 1,149.71 132.76 53.81 0.00 1,161.28 241.16 483.60 1,137.78 14.96 70.57 10.32 18.41 15.73 $4,490.09 NON -AD VALOREM ASSESSMENTS LEVYING AUTHORITY PAY ONLY ONE AMOUNT IN BOXES BELOW If Received By Please Pay May 31, 2022 $4,664.79 NON -AD VALOREM ASSESSMENTS AMOUNT $0.00 LISA CULLEN, CFC BREVARD COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS 2021 REMINDER REAL ESTATE TAX ACCOUNT NUMBER ESCROW CD MILLAGE CODE 2433492 26GO RETURN WITH PAYMENT Poinsetta LLC 12965 Old Meridian ST Carmel, IN 46032-1489 Pay your taxes online at www.brevardtc.com PAYING ONLINE VIA E-CHECK IS FREE "PAY ONLINE. NOT IN LINE" PLEASE PAY IN U.S. FUNDS THROUGH U.S. BANK TO BREVARD COUNTY TAX COLLECTOR, PO BOX 2500, TITUSVILLE, FL 32781-2500 If Received By May 31, 2022 Please Pay $4,664.79 1 02433492 2021 6 Attachment 3 PROPERTY INFORMATION REPORT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY The City of Cape Canaveral 100 Polk Avenue Cape Canaveral, FL 32920 Attention: Anthony Garfanese Re: ORT # 22072054 This is to certify that we have searched the public records of Brevard County, Florida, through May 8, 2022 @ 5:00 p.m, to the extent the same are maintained in the Office of the Clerk of the Circuit Court, on the property described in the caption of the proposed plat of: Poinsetta and more particularly described in attached legal description and that said search reveals record title to said lands to be vested in Poinsetta LLC, a Florida limited liability company, by virtue of Warranty Deed recorded in O.R. Book 9158, Page1427. Our search reveals the following encumbrances and/or exceptions to title which are not satisfied or released of record: 1. Warranty Deed from Wittekind Enterprises, Inc., a Florida corporation and Babar Enterprises, LLC, a Florida limited liability company to Poinsetta, LLC, a Florida limited liability company recorded June 16, 2021 in O.R. Book 9158, Page 1427, Public Records of Brevard County, Florida. Other matters of record: 2. Matters contained on the plat of Avon by the Sea, as recorded in Plat Book 3, Page 7A, Public Records of Brevard County, Florida. TAX INFORMATION: 2021 Taxes are PAID - gross amount $ 4,490.09 Tax ID Number 24-37-23-CG-13-4 Account #2433492 This report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this property information report for errors or omissions in this property information report is limited to the amount paid for this property information report, and is further limited to the person(s) expressly identified by name in the property information report as the recipient(s) of the property information report. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY (Signature) Authorized Signatory 151 Southhall Lane Suite #250 Maitland FL 32751 Phone: 407-647-1915 Fax: EXHIBIT A The East 1/2 of Lot 4 and Lots 5, 6, 7, and 8, Block 13, Avon By The Sea, according to the plat thereof recorded in Plat Book 3, Page 7A, of the Public Records of Brevard County, Florida. CFN 2021156286, OR BK 9158 Page 1427, Recorded 06/16/2021 at 04:22 PM Rachel M. Sadoff, Clerk of Courts, Brevard County Doc. D: $3360.00 Prepared by: Leanne Shufelt Title Solutions of Florida, LLC 2625 Barna Ave. Suite E Titusville, Florida 32780 $480,000.00 File Number: TS21-0351 General Warranty Deed Made this May 25, 2021 A.D., By WITTEKIND ENTERPRISES, INC., a Florida Corporation, and BABER ENTERPRISES, LLC, a Florida Limited Liability Company, whose post office address is: 161 Harmony Ln, Titusville, Florida 32780, hereinafter called the grantor, to POINSETTA, LLC, a Florida Limited Liability Company, whose post office address is: 12965 Old Meredian Street, Carmel, Indiana 46032, hereinafter called the grantee: (Whenever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations; receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confines unto the grantee, all that certain land situate in 'Brevard County, Florida, viz: The East 1/2 of Lot 4 and Lots 5, 6, 7, and 8, Block 13, Avon By the Sea, according to the plat thereof, as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Said property is not the homestead of the Grantor(s) under the laws and Constitution of the State of Florida in that neither Grantor(s) nor any member of the household of Grantor(s) reside thereon. The grantor(s) does/do not reside on the subject property and this it is not adjacent to or contiguous with his/her/their homestead. Furthermore, no member of the grantor's family is dependent upon him/her/them for support resides on the subject property, Parcel ID Number: 24-37-23-CG-13-4 Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, [user input prior year]. DEED Individual Warranty Deed with Non-Bomestead-Legal on Schedule A OR BK 9158 PG 1428 Prepared by: Leanne Shufelt Title Solutions of Florida, LLC 2625 Barna Ave. Suite E Titusville, Florida 32780 $480,000.00 File Number: TS21-0351 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: (Signature) Witness Printed Name: Dawn Joseph GARY A. WITTEKIND, PRESIDENT OF WITTEKIND ENTERPRISE , INC., a Florida Corporation Address: 161 Harmony Ln Titusville, Florida 32780 (Seal) (Signature) Witness Printed Name: Leanne Shufelt JANET BABER PARASMO, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability company Address: 685 Hermitage Circle Palm Beach Gardens, Florida 33410 (Seal) State of Florida County of Brevard The foregoing instrument was acknowledged before me by means of X- [ I physical presence or [ ] online notarization, this 25th day of May, 2021 by GARY A. WITTEKIND, PRESIDENT OF WITTEKIND ENTERPRISES, INC., a Florida Corporation, and JANET BAB£R PARASM O, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability company, who is/are personally known to me or who has produced as identification. (?) (Signature) Notary Public Print Name: My Commission Expires Notary Public- State of Florida My Comm. Expires Oct 30, 2022 Bonded through National Notary Assn. DEED Individual Warranty Deed with Non -Homestead -Legal on Schedule A OR BK 9158 PG 1429 Prepared by: Leanne Shufelt Title Solutions of Florida, LLC 2625 Barna Ave. Suite E Titusville, Florida 32780 $480,000.00 File Number TS21-0351 In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: (Signature) Witness Printed Name NANCY L. MAZZA (Seal) GARY A. WITTEKIND, PRESIDENT OF WITTEKIND ENTERPRISES, INC., a Florida Corporation Address: 161 Harmony Ln Titusville, Florida 32780 (Signature) Witness Printed Name: ELIZABETH GUERRAZZI JANET BARER PARASMO, MANAGER OF BARER ENTERPRISES, LLC, a Florida limited liability company Address; 685 Hermitage Circle Palm Beach Gardens, Florida 33410 (Seal) State of Florida County of Palm Beach The foregoing instrument was acknowledged before me by means of [ ] physical ptebence or [] online notarization, (?) this 24th day of May, 2021, by GARY A. WITTEKIND, PRESIDENT OF WITTEKIND ENTERPRISES,-INC., a Elorida-C-orporation, and JANET BABER PARASMO, MANAGER OF BABER ENTERPRISES, LLC, a Florida limited liability company, who is/are personally known to me or who has produced as identification. NANCY L. MAZZA Notary Public- State of Florida Commission # GG 275594 My Comm. Expires Nov 12, 2022 Bonded through National Notary Assn. DEED Individual Warranty Deed with Non-Homestead-14gal an Schedule A (Signature) Notary Public Print Name: Nancy L. Mazza My Commission Expires: 11-12-2022 LISA CULLEN, CFC NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS BREVARD COUNTY TAX COLLECTOR 2021 REMINDER REAL ESTATE TAX ACCOUNT NUMBER ESCROW CD MILLAGE CODE 2433492 26G0 Poinsetta LLC 12965 Old Meridian ST Carmel, IN 46032-1489 Pay your taxes online at www.brevardtc.com 0 UNKNOWN AVON BY THE SEA E 1/2 OF LOT 4 & ALL LOTS 5 TO 8 BLK 13 AD VALOREM TAXES TAXING AUTHORITY MILLAGE RATE ASSESSED VALUE EXEMPTION TAXABLE VALUE TAXES LEVIED COUNTY GENERAL FUND 3.5661 322,400 0 322,400 1,149.71 BREVARD LIBRARY DISTRICT 0.4118 322,400 0 322,400 132.76 BREVARD MOSQUITO CONTROL 0.1669 322,400 0 322,400 53.81 TI-CO AIRPORT AUTHORITY 0.0000 322,400 0 322,400 0.00 SCHOOL - BY STATE LAW 3.6020 322,400 0 322,400 1,161.28 SCHOOL - BY LOCAL BOARD 0.7480 322,400 0 322,400 241.16 SCHOOL - CAPITAL OUTLAY 1.5000 322,400 0 322,400 483.60 CITY CAPE CANAVERAL GEN GOV 3.5291 322,400 0 322,400 1,137.78 CITY CAPE CANAVERAL LIBRARY 0.0464 322,400 0 322,400 14.96 ST JOHNS RIVER WATER MGMT DST 0.2189 322,400 0 322,400 70.57 FLA INLAND NAVIGATION DIST 0.0320 322,400 0 322,400 10.32 ENV END LD/WTR LTD 05-24 0.0571 322,400 0 322,400 18.41 ENV END LD/WTR LTD(DBTP) 05-24 0.0488 322,400 0 322,400 15.73 TOTAL MILLAGE 13.9271 AD VALOREM TAXES $4,490.09 NON -AD VALOREM ASSESSMENTS LEVYING AUTHORITY AMOUNT PAY ONLY ONE AMOUNT IN BOXES BELOW NON -AD VALOREM ASSESSMENTS $0.00 If Received By May 31, 2022 Please Pay $4,664.79 LISA CULLEN, CFC BREVARD COUNTY TAX COLLECTOR NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS 2021 REMINDER REAL ESTATE TAX ACCOUNT NUMBER ESCROW CD MILLAGE CODE 2433492 26G0 RETURN WITH PAYMENT Poinsetta LLC 12965 Old Meridian ST Carmel, IN 46032-1489 Pay your taxes online at www.brevardtc.com PAYING ONLINE VIA E-CHECK IS FREE "PAY ONLINE. NOT .IN -LINE" PLEASE PAY IN U.S. FUNDS THROUGH U.S. BANK TO BREVARD COUNTY TAX COLLECTOR, PO BOX 2500, TITUSVILLE, FL 32781-2500 If Received By Please Pay May 31, 2022 $4,664.79 1 02433492 2021 6 Attachment 4 POINSETTA PLACE PLAT 300 PAGE ATLANTIC AVENUE JEFFERSON AVENUE SITE POINSETTA AVENUE VICINITY MAP (NOT TO SCALE) LEGAL DESCRIPTION: A REPLAT OF LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 8477, PAGE 1542 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA AND DESCRIBED AS FOLLOWS: THE EAST Y2 OF LOT 4 AND LOTS 5, 6, 7 AND 8 BLOCK 13, AVON—BY—THE—SEA, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE(S) 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, CONTAINING 28312 SQUARE FEET +— OR 0.65 ACRES MORE OR LESS SURVEYORS NOTES: 1. Bearings depicted are based on assumed datum and refer to the Southerly right—of—way line of Jefferson Avenue having a bearing of N 90'00'00" E. 2. • Indicates permanent reference monument with nail & disc stamped "NIELSEN L.B. 6946 P.R.M." 3. • Indicates permanent control point (No. 5 rebar with plastic cap), Stamped "NIELSEN L.B. 6946" 4. NOTICE: This plat as recorded in its graphic form, is the official depiction of the subdivided lands described herein and will in no circumstances be supplanted in authority by any other graphic or digital form of this plat. There may be additional restrictions that are not recorded on this plat that may be found in the public records of this county. 5. Unless noted otherwise all dimensions are in U.S. survey foot and 10ths of feet. 6. A 5.00 foot wide easement along all side lot lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. A 7.50 foot wide easement along all rear lot lines lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. A 10.00 foot wide easement along all front lot lines lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. A 20.00 foot wide easement along the side lot line of lot 3 lines not coincident with structures is hereby reserved for public utilities, drainage and ingress/egress. 7. All other city of Cape Canaveral ordinances must be complied with. 8. The term public utilities" includes, but is not limited to, all public or private utility service providers providing water, sewer, reclaimed, cable, electric, telephone, fiber, gas or any other utility service to the platted property in accordance with law. No construction, installation, maintenance and operation of public utilities shall interfere with the drainage facilities or previously existing public utilities located within the easement. Such construction, installation, maintenance, and operation of public utilities shall comply with applicable laws. 9. In the event that the City of Cape Canaveral provides emergency maintenance of the private drainage facilities located on the platted property, the City shall have the right to assess the full cost of such maintenance on the entire platted property including each platted lot and record a lien against such property until the assessment is paid in full. The lot owners shall be equally and jointly responsible for the costs assessed by the City. 10. The drainage facilities within the drainage easement shall remain in good working order at all times and in compliance with all laws, rules, and regulations of all governmental authorities exercising jurisdiction thereover. Structures shall be prohibited within the drainage easement other than public utilities. The drainage facilities and easement shall be maintained in a manner to prevent any impediment or obstruction of the storage, free flow and drainage of water. r----250 REMAINDER OF LOT 4 BLOCK 13 AVON BY THE SEA W ti O CO 0 0 I-- — 25.0' — ■ 0, *1 "A REPLAT OF THE EAST Y2 OF LOT 4, LOTS 5, 6, 7, AND 8, BLOCK 13 AVON-BY-THE-SEA PER PLAT BOOK 3, PAGE 7 SECTION 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA" N 90°00'00" E JEFFERS 0 N AVENUE C\L 48' PUBLIC RIGHT OF WAY (per Plat Book 3, Page 7) 225.00' N41,1 75.00' 10' UTILITY EASEMENT LOT 1 L 25.0' LOT 12 BLOCK 13 AVON BY THE SEA 7.5' P.U.& D.E. 75.00' 225.00' LOT 13 BLOCK 13 AVON BY THE SEA 40 1 Lri N Li 0 Lc) 0 Li n 75.00' 10' UTILITY EASEMENT LOT 2 7.5' P.U.& D.E. 75.00' S 90°00'00" W T 0 D 0 Lri O 0) LJ_I 0 Li 0 Lri O CO 75.00 10' UTILITY EASEMENT LOT 3 0 LOT 14 BLOCK 13 AVON BY THE SEA 7.5' P.U.& D.E. 20 40 FEET SCALE= 1 inch = 20 feet 150.00' S 90°00'00" W LOT 15 BLOCK 13 AVON BY THE SEA J 1 LOT 16 BLOCK 13 AVON BY THE SEA Eric Nielse 20' DRAINAGE & UTILITY EASEMENT SE CORNER OF BLOCK 13 FND. 5/8" I.R. NO ID. 10 S 01 °48'07" W 25.0' QN 3 en LL o0- 15E "5 o LY O 0 o co J m 0 0 --- 25.0' —1 Digitally signed by Eric Nielsen r rr 1?@? 2.07.13 <iOW 00 00' se 0° V> 5388 0 °% % ° *a 0 0 * o`o STATE OF°-0000000000- POINSETTA ABBREVIATION: C/L = CENTER LINE LB = LICENSED BUSINESS ID. = IDENTIFICATION P.S.M. = PROFESSIONAL SURVEYOR & MAPPER C.M. = CONCRETE MONUMENT P.R.M. = PERMANENT REFERENCE MONUMENT P.U.&D.E. = PUBLIC UTILITY & DRAINAGE EASEMENT I.R. = IRON ROD FND. = FOUND "LOT ACREAGE TABLE" LOT NO. AREA (SQUARE FEET) AREA (ACRES) LOT 1 9437.83 SQUARE FEET 0.22 ACRES LOT 2 8695.7 SQUARE FEET 0.20 ACRES LOT 3 10179.99 SQUARE FEET 0.23 ACRES PREPARED BY: Srk fteileA zany/ ° inn oeL 6,916 12 STONE STREET, COCOA ,FL. 32922 PHONE: (321) 631-5654 FAX: (321) 631-5974 SHEET 1 OF 1 SECTION 23 TWP. 24 S.. RANGE 37 E. DEDICATION KNOW ALL THESE PRESENTS, that POINSETTA, LLC, a Florida limited liability company, being the owner in fee simple of the lands described in POINSETTA PLACE hereby dedicates said lands and plat for the following uses and purposes: (1) A non—exclusive and perpetual public utility easement is hereby dedicated over, under, through and across all side, rear and front lot lines as depicted on this plat including, but not limited to, water, sewer, reclaimed, cable, electric, telephone, fiber, and gas, for purposes of constructing, maintaining, repairing and replacing their respective utility facilities which provides services to the platted property. Such public easement shall include the right of ingress and egress for said purposes. (2) A private drainage easement is hereby dedicated for the benefit of each lot owner and the platted property over, under, through and across all side, rear and front lot lines as depicted on this plat for purposes of constructing, maintaining, repairing and replacing the private drainage facilities which provide drainage to the platted property including all swales, weirs, boxes, grates, pipes and other infrastructure. Such private easement shall include each lot owner's right of ingress and egress for said purposes. The lot owners shall be jointly responsible for maintaining the drainage facilities in good working order at all times. (3) A drainage easement is hereby dedicated to the City of Cape Canaveral over, under, through and across all side, rear and front lot lines as depicted on this plat for purposes of inspection and emergency maintenance of the private drainage facilities. Such easement shall include the City's right of ingress and egress for said purposes. This easement shall not be construed or interpreted as obligating the City to inspect or maintain the private drainage facilities, and the City assumes no responsibility for the maintenance or operation of said facilities. (4) An ingress and egress easement is hereby dedicated to the City of Cape Canaveral and Brevard County over and across the platted property for purposes of responding to emergencies and inspections to determine compliance with applicable local, state and federal codes. Witnesses: POINSETTA, LLC By: Bryan D. Stumpf as Authorized Signatory Print Name: Print Name: By: Bryan D. Stumpf , Authorized Signatory 7378 N 550 EAST LEBANON, INDIANA 46052 STATE OF FLORIDA COUNTY OF BREVARD This instrument was acknowledged before me by means of _ physical presence or _ online notarization this day of , 2022 by Bryan D. Stumpf, as Authorized Signatory of POINSETTA LLC, a Florida limited liability company, on behalf of the company, who is personally known to me or produced a driver's license and did not give an oath. Print Name: Notary Public, State of Florida My Commission Expires: CERTIFICATE OF APPROVAL BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL THIS IS TO CERTIFY, the foregoing plat was approved by the City Council of the City of Cape Canaveral, Florida. ATTEST: WES MORRISON, MAYOR MIA GOFORTH, CITY CLERK CERTIFICATE OF REVIEWING SURVEYOR FOR CITY OF CAPE CANAVERAL PLAT REVIEWED BY WITH THE CITY OF CAPE CANAVERAL, FLORIDA FOR CONFORMITY WITH CHAPTER 177, PART I, FLORIDA STATUTES DATE: CERTIFICATE OF CLERK I HEREBY CERTIFY, That I have examined the foregoing plat and find that it complies in form with all the requirements of Chapter 177, Florida Statutes, and was filed for record on at File No. Clerk of the Circuit Court in and for Brevard County, FL QUALIFICATION STATEMENT OF SURVEYOR AND MAPPER KNOW ALL MEN BY THESE PRESENTS, that the undersigned, being a licensed and registered land surveyor and mapper, does hereby certify that on May 04, 2022, That I Eric Nielsen completed the survey of the lands as shown on the foregoing plat; that said plat is a true and correct representation of a survey made under my responsible direction and supervision; that said survey is accurate to the best of my knowledge and belief; that Permanent Reference Monuments ("P.R.M.s"),Permanent Control Points ("P.C.P.s") ,and Monuments according to Sec. 177.091(9), F.S., have been placed as required by law; and, further, that the survey data complies with all the requirements of Chapter 177, Part 1, Florida Statutes, as amended. Company Name: ERIC NIELSEN LAND SURVEYING, INC. Corporation No: L.B. 6946 Address: 12 STONE STREET, COCOA, FL. ERIC NIELSEN Surveyor of record, P.S.M. License No. 5386 State of Florida Attachment 5 RESOLUTION 2022-01 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE APPLICATION FOR THE FINAL PLAT OF POINSETTA PLACE, GENERALLY LOCATED ON THE CORNER OF JEFFERSON AVENUE AND POINSETTA AVENUE, CAPE CANAVERAL; PROVIDING FOR REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Poinsetta, LLC. submitted a preliminary and final plat application for a plat entitled "Poinsetta Place", located on the corner of Jefferson Avenue and Poinsetta Avenue, Cape Canaveral, upon real property legally described below; and WHEREAS, the City Staff and City Engineer have reviewed the final plat for "Poinsetta Place," determined compliance with the City Code and recommended approval to the Planning and Zoning Board; and WHEREAS, on August 3, 2022, the Planning and Zoning Board recommended approval of the final plat entitled "The Villas at Fillmore" to the City Council; and WHEREAS, pursuant to section 98-61, City Code, the final plat is subject to a City Council vote, in resolution form, to either accept, reject, or modify the Planning and Zoning Board's recommendation; and WHEREAS, the City Council desires to accept the Planning and Zoning Board's recommendation and approve the final plat for Poinsetta Place to facilitate the construction of townhomes on the platted lots being created by the final plat. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Findings and Approval of Final Plat Application. (A) Pursuant to section 98-61(b), the City Council hereby finds: (1) the application is in compliance with the provisions of Chapter 98, Article II, City Code, and applicable law; (2) the application is consistent with the city's comprehensive plan; (3) the application does not create any lots, tracts of land or developments that do not conform to the City Code; and City of Cape Canaveral Resolution 2022-01 Page 1 of 3 (4) the application provides for proper ingress and egress through a public or approved private street or perpetual cross access easements. (B) The City Council hereby accepts the recommendation of the Planning and Zoning Board to approve the final plat for Poinsetta Place. The final plat for Poinsetta Place is hereby approved for purposes of constructing townhomes on the new lots being created by the final plat. (C) The property legally described on the final plat will be subject to and in compliance with all regulations and ordinances as set forth in the City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, 2021. Wes Morrison, Mayor Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution 2022-01 Page 2 of 3 For Against ATTEST (City Seal): Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution 2022-01 Page 3 of 3 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 5 Subject: Resolution No. 2022-17; reappointing a Member to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Dr. Michael Miller) Department: City Clerk's Office Summary: The term for Planning and Zoning Board Member Dr. Michael Miller will expire September 15, 2022. Dr. Miller was originally appointed in August 2019 to fill a vacancy on the Board. As Dr. Miller has only served a single three-year term up to this point, he is eligible for reappointment, and has expressed interest in continuing to serve on the Board. Following the completion of this term, Dr. Miller may be eligible for reappointment, should no qualified candidates apply to serve on the Board, consistent with the limitations set forth in Section 2 171(f), City Code. It is now incumbent upon Council to reappoint a member to the Planning and Zoning Board. Submitting Department Director: Mia Goforth Date: Attachment: Resolution No. 2022-17 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action(s): Adopt Resolution No. 2022-17. Approved by City Manager: Todd Morley Date: 8/9/22 RESOLUTION NO. 2022-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code §58-56 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a member to the Planning and Zoning Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Reappointment of a Member to the Planning and Zoning Board. Pursuant to City Code §2-171(f), the City Council of the City of Cape Canaveral hereby reappoints the following individual to the Planning and Zoning Board: Dr. Michael Miller shall be reappointed, to serve until September 15, 2025. Following completion of this term, this appointee may be eligible for reappointment if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th Day of August, 2022. [Signature Page Follows] City of Cape Canaveral Resolution No. 2022-17 Page 1 of 2 Wes Morrison, Mayor 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 Name FOR AGAINST Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis City of Cape Canaveral Resolution No. 2022-17 Page 2 of 2 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 6 Subject: Resolution No. 2022-18; adopting a Fee Schedule for the Cape Canaveral Community Center; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Leisure Services Summary: At the April 19, 2022 City Council Meeting, Council approved a temporary fee schedule for the City of Cape Canaveral Community Center (C5), to ensure compliance with Chapter 54-24(f) of the City Code. The temporary fee schedule established by Resolution No. 2022-11 at that meeting (Attachment 1) is scheduled to expire on September 30, 2022. As of August 5, 2022, the C5 has been open for 74 days. During that time, Staff collected user data specific to this facility (Attachment 2), in conjunction with metrics gathered from other City facilities, with the overarching goal to submit a comprehensive, department -wide fee review for Council consideration at a later date. However, due to the impact of Summer Camp operations and the fact that residents have enjoyed free use of the facility, it is difficult to use current data to forecast future revenues or determine how the proposed fees would help offset the bigger picture of departmental operational and maintenance costs. Ultimately, a full year of operational data will be needed to make a solid, informed assessment. The fee schedule proposed for implementation at the C5 on October 1, 2022 comes to this Council by recommendation of the Culture and Leisure Services Board (CLSB). At its July 28, 2022 Regular Meeting, members reviewed several options for both general public use and facility rentals (Attachment 3). Acknowledging the many unknowns, due to the incomplete nature of the available data and the continued economic uncertainty resulting from the lingering COVID-19 impacts and other global crises, the Board unanimously recommended Option A for User Fees and Option B for Rental Fees for FY22/23, with an expiration date of September 30, 2023 (Attachment 4 and 5). This will allow time for Staff to continue collecting metrics on the C5's use/demand and, with the input of the CLSB, draft a comprehensive, department -wide fee schedule that can be reviewed by Council and approved for the FY23/24 budget. The City Manager proposes that City Council approve the Fee Schedule with no termination date, with the understanding that Staff will provide updated information during FY22/23 and advise the Board if data suggests a need to update the fee schedule. Should such an update be recommended by the Board, a future update will be presented for City Council consideration. The proposed Fee Schedule, Resolution No. 2022-18 (Attachment 6,) addresses daily, monthly and annual rates for the general use of the C5, as well as facility rentals with distinguishing rates for residents and non-residents, along with Veterans and First Responders. If approved, this Fee Schedule will be effective October 1, 2022. Submitting Department Director: Molly A. Thomas City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 6 Page 2 of 2 Attachments: 1. Resolution No. 2022-11 2. C5 User Metrics 3. C5 Proposed Fees Draft 4. CLSB Minutes 5. Proposed Fees 6. Resolution No. 2022-18 with "Exhibit A" — Community Center Proposed User Fees Financial Impact: Currently, the FY22/23 Budgeted Revenues for C5 is estimated at $230K. However, based on the ongoing analysis being done by Staff, this estimate maybe adjusted. Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action: Adopt Resolution No. 2022-18. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 RESOLUTION NO.2022-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA ADOPTING A TEMPORARY FEE SCHEDULE FOR THE CAPE CANAVERAL COMMUNITY CENTER UNTIL SEPTMEBER 30, 2022; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. The fee schedule attached hereto as Exhibit "A" is hereby adopted for the Cape Canaveral Community Center. Said schedule shall remain in effect until September 30, 2022. Section 2. The resolution shall become effective immediately upon adoption of the City Council. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of April, 2022. (Signature) Wes Morrison, Mayor (Signature) Mia Goforth, CMC., City Clerk ATTEST: Name FOR AGAINST Kim Davis Second Mickie Kellum Motion Wes Morrison x Angela Raymond x Don Willis x Approved as to legal form and sufficiency For the City of Cape Canaveral only by: (Signature) Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2022-11 Page 1 of 1 SEAL of Cape Canaveral, Florida Exhibit "A" TEMPORARY FEE SCHEDULE PROPOSED FOR THE CITY OF CAPE CANAVERAL COMMUNITY CENTER C5 AGE & RESIDENCY STATUS Day Pass Monthly Fee Yearly NON-RESIDENT SENIOR $6 $33 n/a RESIDENT SENIOR $0 $0 n/a NON-RESIDENT ADULT $7 $39 n/a RESIDENT ADULT $0 $0 n/a NON-RESIDENT CHILD $3 $13 n/a RESIDENT CHILD $0 $0 n/a RESIDENT RATES CONFERENCE ROOM RENTALS $78/ HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (ONLY ATHLETICS) $85 / HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (EVENTS) $85 / HR - $200 FLOOR COVERING CHARGE + DEPOSIT NON-RESIDENT RATES CONFERENCE ROOM RENTALS $82 / HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (ONLY ATHLETICS) $104 / HR - $150 REFUNDABLE CLEANING DEPOSIT GYM RENTAL (EVENTS) $104 / HR - $200 FLOOR COVERING CHARGE + DEPOSIT Attachment 2 C5 Membership Counts May 23, 2022 - August 5, 2022 Primary Primary Active Primary All Active All Membership All Membership Month Membership Membership Members Membership Renewals Membership Membership Members Renewals Members Members May, 2022 Community Center - Monthly Resident 230 230 0 0 230 230 Jun, 2022 Community Center - Monthly Resident 294 294 1 1 525 525 Jul, 2022 Community Center - Monthly Resident 135 136 0 0 626 627 Aug, 2022 Community Center - Monthly Resident 24 24 0 0 617 618 May, 2022 Community Center - Monthly Non-Resident 13 13 0 0 13 13 Jun, 2022 Community Center - Monthly Non-Resident 27 27 0 0 40 40 Jul, 2022 Community Center - Monthly Non-Resident 24 24 1 1 51 51 Jul, 2022 Silver Sneakers 1 1 0 0 1 1 Aug, 2022 Silver Sneakers 2 2 0 0 3 3 May, 2022 Community Center - Monthly Resident Senior 89 89 0 0 89 89 Jun, 2022 Community Center - Monthly Resident Senior 116 117 2 2 207 208 Jul, 2022 Community Center - Monthly Resident Senior 73 73 0 0 280 281 Aug, 2022 Community Center - Monthly Resident Senior 10 10 0 0 276 277 May, 2022 Community Center - Monthly Resident Child 79 79 0 0 79 79 Jun, 2022 Community Center - Monthly Resident Child 36 36 0 0 115 115 Jul, 2022 Community Center - Monthly Resident Child 16 16 0 0 131 131 Aug, 2022 Community Center - Monthly Resident Child 2 2 0 0 133 133 Jul, 2022 ASH Fitness 6 6 0 0 6 6 Aug, 2022 ASH Fitness 3 3 0 0 9 9 C5 Revenue May 23, 2022 - August 5, 2022 User Activity Category Revenue Conference Room Rentals $1,755 Gym Rental (Athletics) $85 NR Day Pass $1,484 NR Membership $1,340 NR Youth Day Pass $153 NR Youth Membership $143 NR Senior Day Pass $372 NR Senior Membership $264 Summer Camp Registration $23,505 Summer Camp Late Pick-up $30 Total $29,131 Attachment 3 Community Center Proposed User Fees (Tax Included) Option A Daily Monthly Annual Est. Visits Annual Based on Daily Resident Adult $5.00 $40.00 $440.00 800 $4,000 Resident Senior $4.00 $32.00 $352.00 1800 $7,200 Resident Child $0.00 $0.00 $0.00 100 $0 Non-Resident Adult $6.00 $48.00 $528.00 900 $5,400 Non-Resident Senior $5.00 $40.00 $440.00 1800 $9,000 Non-Resident Child $2.00 $16.00 $176.00 20 $40 Veteran/First Responder $4.00 $32.00 $352.00 50 $200 Est. Total $25,840 Option B Resident Adult $6.00 $48.00 $528.00 800 $4,800 Resident Senior $5.00 $40.00 $440.00 180 $9,000 Resident Child $0.00 $0.00 $0.00 100 $0 Non-Resident Adult $7.00 $56.00 $616.00 900 $6,300 Non-Resident Senior $6.00 $48.00 $528.0 0 1800 $10,800 Non-Resident Child $3.00 $24.00 $264.00 20 $60 Veteran/First Responder $5.00 $40.00 $440.00 50 $250 Est. Total $31,210 Option C Resident Adult $7.00 $56.00 $616.00 800 $5,600 Resident Senior $6.00 $48.00 $528.00 1800 $10,800 Resident Child $0.00 $0.00 $0.00 100 $0 Non-Resident Adult $8.00 $64.00 $704.00 900 $7,200 Non-Resident Senior $7.00 $56.00 $616.00 1800 $12,600 Non-Resident Child $4.00 $32.00 $352.00 20 $80 Veteran/First Responder $6.00 $48.00 $528.00 50 $300 Est. Total $36,580 Notes: Monthly Rate = 8 Daily Visits Yearly Rate = 11 Monthly Community Center Proposed Rental Fees (Subject to Tax) Option A Resident Hourly Deposit Add. Fee Gym (Event) $85.00 $150.00 $200.00 (floor covering) Gym (Athletics) $85.00 $150.00 Conference Room $78.00 $150.00 Non-Resident Gym (Event) $104.00 $150.00 $200.00 (floor covering) Gym (Athletics) $104.00 $150.00 Conference Room $82.00 $150.00 Option B Resident Hourly Deposit Add. Fee Gym (Event) $95.00 $150.00 $200.00 (floor covering) Gym (Athletics) $95.00 $150.00 Conference Room $88.00 $150.00 Non-Resident Gym (Event) $114.00 $150.00 $200.00 (floor covering) Gym (Athletics) $114.00 $150.00 Conference Room $92.00 $150.00 Option C Resident Hourly Deposit Add. Fee Gym (Event) $105.00 $150.00 $200.00 (floor covering) Gym (Athletics) $105.00 $150.00 Conference Room $98.00 $150.00 Non-Resident Gym (Event) $124.00 $150.00 $200.00 (floor covering) Gym (Athletics $124.00 $150.00 Conference Room $402.00 $150.00 Notes: Floor covering requirement for non-athletic events is determined by staff. Fee covers staff costs (2 employees minimum) to put down and take up protective cover. If staff determines floor protection is needed, it is non-negotiable by renter. Attachment 4 CULTURE AND LEISURE SERVICES BOARD MEETING MINUTES JULY 28, 2022 A meeting of the Culture and Leisure Services Board was held on July 28, 2022, at Cape Canaveral City Hall, 100 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 5:30 p.m. by Vice Chairperson, Kathy Parks. The Director called the roll. MEMBERS PRESENT Kathy Parks Mary Mosquera Betsy Ronk Angela Trulock OTHERS PRESENT Molly Thomas Byron Prevost John Mayberry Amy Moody Marci Lefkoff Paula Ness Vice Chairperson Leisure Services Director/Cultural + Community Affairs Director Leisure Services Deputy Director Parks & Events Manager Community Engagement Manager + Public Information Officer Senior Program Coordinator Board Secretary MEMBERS ABSENT (Excused) Joel Fair Chairperson Larry Holmes ACTION ITEMS: A motion was made by Betsy Ronk, to approve meeting minutes of March 31, 2022 as written, seconded by Angela Trulock. The motion carried unanimously. A motion was made by Betsy Ronk, to recommend Option A as the proposed user fees schedule for the Cape Canaveral Community Center. Mary Mosquera seconded motion. The motion carried unanimously. A motion was made by Betsy Ronk, to recommend Option B as the proposed rental fees for the Cape Canaveral Community Center, seconded by Angela Trulock. The motion carried unanimously. STAFF REPORTS: • Ms. Thomas noted staffing changes and introduced new staff members to the Board. 0 John Mayberry: Parks + Events Manager. o Byron Prevost: Deputy Director + Facilities Manager for the Cape Canaveral Community Center. o Amy Moody: Community Engagement Manager + Public Information Officer. • Mr. Mayberry provided an update on continued work at Canaveral City Park, noting the flagpole base was complete and pavers installed. He also explained that the sidewalk adjoining the new exterior restroom building would be poured on 7/29/2022. ADJORNMENT: There being no further business, Angela Trulock made a motion to adjourn, seconded by Betsy Ronk. The motion carried unanimously and the meeting adjourned at 6:29 p.m. Approved on this, the 29th day of September. Joel Fair, Chairperson Paula Ness, Board Secretary Attachment 5 Community Center Proposed User Fees (Tax Included) Option A Daily Monthly Annual Est. Visits Annual Based on Daily Rate Resident Adult $5.00 $40.00 $440.00 800 $4,000 Resident Senior $4.00 $32.00 $352.00 1800 $7,200 Resident Child $0.00 $0.00 $0.00 100 $0 Non-Resident Adult $6.00 $48.00 $528.00 900 $5,400 Non-Resident Senior $5.00 $40.00 $440.00 1800 $9,000 Non-Resident Child $2.00 $16.00 $176.00 20 $40 Veteran/First Responder $4.00 $32.00 $352.00 50 $200 Option B Est. Total $25,840 Community Center Proposed Rental Fees (Subject to Tax) Resident Hourly Deposit Add. Fee Gym (Event) $95.00 $150.00 $200.00 (floor covering) Gym (Athletics) $95.00 $150.00 Conference Room $88.00 $150.00 Non-Resident Gym (Event) $114.00 $150.00 $200.00 (floor covering) Gym (Athletics) $114.00 $150.00 Conference Room $92.00 $150.00 Notes: Monthly Rate offers unlimited visits but is equivilant to 8 Daily drop-in payments. Yearly Rate is unlimited visits, but is equvilant to 11 Monthly membership payments. Floor covering requirement for non-athletic events is determined by staff. Fee covers staff costs (2 employees minimum) to put down and take up protective cover. If staff determines floor protection is needed, it is non-negotiable by renter. Attachment 3 Community Center Proposed User Fees (Tax Included) Option A Daily Monthly Annual Annual Est. Visits Annual Based on Daily Rate Resident Adult $5.00 $40.00 $440.00 800 $4,000 Resident Senior $4.00 $32.00 $352.00 1800 $7,200 Resident Child $0.00 $0.00 $0.00 100 $0 Non-Resident Adult $6.00 $48.00 $528.00 900 $5,400 Non-Residental Senior $5.00 $40.00 $440.00 1800 $9,000 Comminty Center Proposed Rental Fees (Subject to Tax) Option B Resident Hourly Deposit Add. Fee Gym (Event) $95.00 $150.00 $200.00 (floor covering) Gym (Athletics) $95.00 $150.00 Conference Room $88.00 $150.00 Non -Resident Gym (Event) $114.00 $150.00 $200.00 (floor covering) Gym (Athletics) $114.00 $150.00 Conference Room $92.00 $150.00 Notes: Montly Rate offers unlimited visits but is equivilant to 8 Daily drop-in payments. Yearly Rate is unlimited visits, but is equviliant to 11 Monthly membership payments. Floor covering requirement for non-athletic events is determined by staff. Fee covers staff costs (2 employees minimum) to put down and take up protective cover. If staff determines floor protection is needed, it is non-negotiable by renter. Attachment 6 RESOLUTION NO. 2022-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA ADOPTING A FEE SCHEDULE FOR THE CAPE CANAVERAL COMMUNITY CENTER; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Adoption of Fee Schedule. The fee schedule attached hereto as Exhibit "A" is hereby adopted for the Community Center. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective October 1, 2022. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16`" day of August 2022. ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum 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 City of Cape Canaveral Resolution No. 2022-18 Page 1 of 1 Resolution No. 2022-18 Exhibit A Community Center Proposed User Fees (Tax Included) Option A Daily Monthly Annual Est. Visits Annual Based on Daily Rate Resident Adult $5.00 $40.00 $440.00 800 $4,000 Resident Senior $4.00 $32.00 $352.00 1800 $7,200 Resident Child $0.00 $0.00 $0.00 100 $0 Non-Resident Adult $6.00 $48.00 $528.00 900 $5,400 Non-Resident Senior $5.00 $40.00 $440.00 1800 $9,000 Non-Resident Child $2.00 $16.00 $176.00 20 $40 Veteran/First Responder $4.00 $32.00 $352.00 50 $200 Option B Est. Total $25,840 Community Center Proposed Rental Fees (Subject to Tax) Resident Hourly Deposit Add. Fee Gym (Event) $95.00 $150.00 $200.00 (floor covering) Gym (Athletics) $95.00 $150.00 Conference Room $88.00 $150.00 Non-Resident Gym (Event) $114.00 $150.00 $200.00 (floor covering) Gym (Athletics) $114.00 $150.00 Conference Room $92.00 $150.00 Notes: Monthly Rate offers unlimited visits but is equivilant to 8 Daily drop-in payments. Yearly Rate is unlimited visits, but is equvilant to 11 Monthly membership payments. Floor covering requirement for non-athletic events is determined by staff. Fee covers staff costs (2 employees minimum) to put down and take up protective cover. If staff determines floor protection is needed, it is non-negotiable by renter. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 7 Subject: Approve the Fifteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $60,950.97 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Department: Public Work Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease and weed control of turf areas and the Central (Canaveral) Ditch. A contract for pest control services for all City buildings was awarded to Black's in 2010. Total cost for all services is $60,950.97, which is a seven (7) percent increase from the prior year. The cost increase includes inflationary impact as well as additional services for the City of Cape Canaveral Community Center building and grounds. Black's will continue to use products that eliminate the use of Glyphosate and Nitrogen. In general, Staff is very pleased with the level of service and customer support provided by Black's. The initial Professional Services Agreement between the City and Black's allowed for five (5) extensions of one-year periods. • The Seventh Addendum to the Agreement (executed in 2014 with an expiration of September 30, 2015) provided that "the parties shall have the option to extend the term of this Agreement for two (2) additional one-year periods." • The Eighth Addendum provided for a one-year extension period, which expired on September 30, 2016. • The Ninth Addendum provided for a one-year extension period, which expired September 30, 2017. • The Tenth Addendum, which expired on September 30, 2018, provided for a one-year extension period. • The Eleventh Addendum, expired September 30, 2019, and provided that the parties shall have the option to extend the term of this Agreement for five (5) additional one-year periods. • The Amended Twelfth Addendum provides for a one-year extension period, which expired on September 30, 2020. • The Thirteenth Addendum provided for a one-year extension period, which expired on September 30, 2021. • The Fourteenth Addendum (Attachment) provided for a one-year extension period, which expires on September 30, 2022. • The Fifteenth Addendum (Attachment) provides for a one year extension period, which will expire on September 30, 2023 Submitting Department Director: James Moore Date: Attachment: Fifteenth Addendum to Professional Services Agreement with Exhibit "I" FY2022-2023 Bid Tab Sheets Financial Impact: $60,950.97 with Black's for Fertilization, Insect, Disease, Weed Control and Pest Control Services funded by Departments throughout the City; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 7 Page 2 of 2 The City Manager recommends the City Council take the following actions: Approve the Fifteenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $60,950.97 with Black's Spray Service, Inc. and authorize City Manager to execute same. Approved by City Manager: Todd Morley Date: 8/9/22 FIFTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS FIFTEENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Fifteenth Addendum") is made and entered this day of , 2022 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS, the Agreement, as amended by several addenda, terminates on September 30, 2022; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS, this Fifteenth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2022 and terminating on September 30, 2023. The parties shall have the option to extend the term of this Agreement for two (2) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Fourteenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 — PAYMENT OF CONTRACTOR Article 6 of the Agreement, which addresses payment of contractor, is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $60,950.97 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit "I," Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 4 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Fifteenth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth or Thirteenth Addenda, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fifteenth Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. By: Todd Morley, City Manager Attest: By: By: Mia Goforth, City Clerk WITNESSES: Print Name: Print Name: CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. By: Carlos S. Boyer, President Fourteenth Addendum to Professional Services Agreement City of Cape Canaveral / Black's Spray Service, Inc. Page 2 of 2 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2022/23 UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES — YEAR A City Hall,Cape Center,Sheriffs Annex, Library Turf Applications(Liquid) $ 181.85 6 $ 1,091.10 Annex-111 Polk Ave. Ornamental Fertilization(Liquid) $ 396.76 2 $ 793.52 City Hall/Cape Center-100/105 Polk Ave Tree Fertilization(Liquid) $ 110.21 2 $ 220.42 Herbicide Applications $ 159.59 10 $ 1,595.90 Library-201 Polk Ave. City Hall-$143.27X6; Sheriff's Annex-$71.64X6; Rec Center-$71.64X6; Canaveral Park-$60.00X6; Manatee Park-$55.11X6; Facilities Pest Control Banana River Park-$55.11x6; Public Works-$137.76X6; Streets-$60.62X6; Fire Dept-$53.50x6; $ 848.34 6 $ 5,090.04 Five C's-$139.69x6; B Recreation Complex Turf Applications(Liquid) $ 115.72 6 $ 694.32 Ornamental Fertilization(Liquid) $ 132.25 2 $ 264.50 7300 N Atlantic Ave. Tree Fertilization(Liquid) $ 33.06 2 $ 66.12 Herbicide Applications $ 110.00 10 $ 1,100.00 C Xeriscape Park South Side of City Hall 105 Polk Ave.between Polk and Taylor Herbicide Applications Avenues $ - 10 $ - D Veteran's Memorial Park Turf Applications(Liquid) $ 33.06 6 $ 198.36 Adjacent to Library Ornamental Fertilization(Liquid) $ 49.59 2 $ 99.18 201 Polk Ave. Herbicide Applications $ 60.40 10 $ 604.00 Page 1 of 8 Exhibit"1 City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2022/23 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR E Bennix Park Turf Applications(Liquid) $ 165.32 6 $ 991.92 Washington Ave. Ornamental Fertilization (Liquid) $ 148.78 2 $ 297.56 (Between N.Atlantic and Rosalind Ave.) Tree Fertilization (Liquid) $ 66.13 2 $ 132.26 Herbicide Applications $ 93.46 10 $ 934.60 F Canaveral&Canaveral Beach Blvd Turf Applications (Liquid) $ 198.38 6 $ 1,190.28 Ornamental Fertilization (Liquid) $ 115.72 2 $ 231.44 Medians Only Tree Fertilization (Liquid) $ 49.59 2 $ 99.18 Herbicide Applications $ 110.00 10 $ 1,100.00 G N Ridgewood,E Central,W Central Turf Applications (Liquid) $ 396.76 6 $ 2,380.56 Ornamental Fertilization (Liquid) $ 231.44 2 $ 462.88 Tree Fertilization (Liquid) $ 66.13 2 $ 132.26 Herbicide Applications $ 258.78 10 $ 2,587.80 H Cape View Tree Line and Kindergarten Turf Applications (Liquid) $ 16.53 6 $ 99.18 Cape View Elementary School Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 8840 Rosalind Ave. Tree Fertilization (Liquid) $ 49.59 2 $ 99.18 Herbicide Applications $ 43.87 10 $ 438.70 Page 2 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2022/23 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Harbor Heights Turf Applications (Liquid) $ 35.37 6 $ 212.22 Harbor Dr. Ornamental Fertilization (Liquid) $ 33.06 2 $ 66.12 (Off North Atlantic Ave.) Tree Fertilization (Liquid) $ 16.53 2 $ 33.06 Herbicide Applications $ 60.40 10 $ 604.00 J North Atlantic Avenue Turf Applications (Liquid) $ 33.06 6 $ 198.36 Ornamental Fertilization (Liquid) $ 457.37 2 $ 914.74 Tree Fertilization (Liquid) $ 457.37 2 $ 914.74 Herbicide Applications $ 413.07 10 $ 4,130.70 K Canaveral City Park and Ball Park Turf Applications (Liquid) $ 198.38 6 $ 1,190.28 Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 $ - 7920 Orange Ave-(Top Choice-Both Infield and Outfield;Playground;and,Pavilion) Herbicide Applications $ 60.40 10 $ 604.00 Turf Application Little League Infield $ 82.66 12 $ 991.92 Top Choice Application $ 1,212.31 1 1 $ 1,212.31 L Center Street Park and Streetscape Turf Applications (Liquid) $ 16.53 6 $ 99.18 West End of Center St. Ornamental Fertilization (Liquid) $ 99.19 2 $ 198.38 (Off N.Atlantic Ave.) Tree Fertilization (Liquid) $ 33.06 2 $ 66.12 Herbicide Applications $ 137.55 10 $ 1,375.50 Page 3 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2022/23 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR M South City Entrance Skin Turf Applications (Liquid) $ - Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 N Atlantic Ave. Tree Fertilization (Liquid) $ 16.53 2 $ 33.06 (Between Grant Ave.and Johnson Ave.) Herbicide Applications $ 43.87 10 $ 438.70 N A1A Landscaped Areas Ornamental Fertilization (Liquid) $ 247.97 2 $ 495.94 Tree Fertilization (Liquid) $ 247.97 2 $ 495.94 Herbicide Applications $ 258.78 10 $ 2,587.80 O Patriot's Park Turf Applications (Liquid) $ 33.06 6 $ 198.36 West End of Longpoint Rd. Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 (W side of N Atlantic Avenue) Tree Fertilization (Liquid) $ 16.53 2 $ 33.06 Top Choice-Playground Herbicide Application $ 60.40 10 $ 604.00 Top Choice Application $ 110.21 1 $ 110.21 P Columbia Drive Turf Applications (Liquid) $ 49.59 6 $ 297.54 Ornamental Fertilization (Liquid) $ - Tree Fertilization (Liquid) $ 33.06 2 $ 66.12 Herbicide Applications $ - Page 4 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2022/23 APPLICATION AREAS (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR Q Thurm Blvd Medians Turf Applications (Liquid) $ 33.06 6 $ 198.36 Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 Herbicide Applications $ - R Manatee Park Turf Applications (Liquid) $ 33.06 6 $ 198.36 801 Thurm Blvd(Park located on river just Ornamental Fertilization (Liquid) $ 49.59 2 $ 99.18 north of Cape Canaveral Public Works Tree Fertilization (Liquid) $ 66.13 2 $ 132.26 Facility-Top Choice-Pavilion,Exercise Trail Herbicide Applications $ 357.97 10 $ 3,579.70 and Bench Areas Top Choice Application $ 826.58 1 $ 826.58 S Banana River Park Turf Applications (Liquid) $ 165.32 6 $ 991.92 Ornamental Fertilization (Liquid) $ 24.80 2 $ 49.60 901 Thurm Blvd-Top Choice Areas-Soccer Tree Fertilization (Liquid) $ 90.93 2 $ 181.86 Field and Playground Herbicide Applications $ 126.52 10 $ 1,265.20 Top Choice Application $ 771.47 1 $ 771.47 T N City Entrance Sign A1A Turf Applications (Liquid) 6 $ - North End of Cape Canaveral on west side of Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 Astronaut Blvd. Tree Fertilization (Liquid) 2 $ - Herbicide Applications $ 43.87 10 $ 438.70 Page 5 of 8 Exhibit"1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2022/23 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR U N Atlantic Entrance Sign Turf Applications (Liquid) 6 $ - North end of Cape Canaveral on west side of Ornamental Fertilization (Liquid) $ 16.53 2 $ 33.06 N.Atlantic Ave.by Port Entrance Herbicide Applications $ 43.87 10 $ 438.70 V Water Reclamation Plant Turf Applications(Liquid) 6 $ - Ornamental Fertilization (Liquid) $ 32.58 2 $ 65.16 701 Thurm Blvd. Tree Fertilization (Liquid) $ 99.19 2 $ 198.38 Herbicide Applications $ - 10 $ - North and south sides of West Central Blvd W AQUATICS between Southgate Mobile Homes and Oak Manor Drive-$256.80X12=$3,081.60; Manatee Park Ponds-$42.80X12=$513.60; Water Treatment Plant Ponds- $42.80X12=$513.60 Aquatic Herbicide Application $ 342.40 12 $ 4,108.80 X Sandpiper Park Playground (Canaveral Ballpark) Turf Applications (Liquid) $ 66.13 6 $ 396.78 Y RIDGEWOOD AVE Turf Applications (Liquid) $ 245.99 6 $ 1,475.94 Ornamental Fertilization (Liquid) $ 168.62 2 $ 337.24 Tree Fertilization (Liquid) $ 99.19 2 $ 198.38 Herbicide Applications $ 198.16 10 $ 1,981.60 Top Choice $ - 1 $ - Aquatic Herbicide Application $ - 4 $ - Z 5 C building Turf Applications (Liquid) $ 245.99 6 $ 1,475.94 Recreation Complex Ornamental Fertilization (Liquid) $ 235.00 2 $ 470.00 Herbicide Applications $ 125.00 10 $ 1,250.00 Page 6 of 8 Exhibit"1" BID TAB SHEET GRAND TOTAL TURF AREAS I I $ 13,094.94 TOP CHOICE I I $ 2,920.57 ORNAMENTALS I I $ 4,974.62 TREES I I $ 3,102.40 HERBICIDE APPLICATION I I $ 27,659.60 AQUATIC APPLICATION I I $ 4,108.80 FACILITIES PEST CONTROL I $ 5,090.04 GRAND TOTAL OF CHEMICAL BID AREA $ 60,950.97 Page 7 of 8 Exhibit"1" VENDOR INFORMATION COMPANY NAME: Black's Spray Service,Inc COMPANY REPRESENTATIVE: Carlos Boyer,President MAILING ADDRESS: 3625 N.Courtenay Pkwy,Merritt Island,FL 32953 OFFICE-321-452-4911 PHONE: MOBILE-321-794-6096 Page 8 of 8 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 8 Subject: Approve Addendum Three (3) to Professional Services Agreement for Mowing and Landscaping Services in the amount of $277,117.94 with U.S. Lawns of Brevard dba Micnor Corporation and authorize City Manager to execute same. Department: Public Works Services Summary: The City and U.S. Lawns of Brevard (U.S. Lawns) entered into a Professional Services Agreement on February 18, 2020 following a City Council approved contract for the City's Mowing and Landscaping Services on all City -owned areas, including FDOT areas in the City's rights -of -way. The Agreement between the City and U.S. Lawns allows for five (5) one-year extensions. Staff is very pleased with the services provided by U.S. Lawns. For FY2022/2023, U.S. Lawns price has increased by $12,973.58 (4.9 %). The total contract amount was $264,144.36 in FY2021/2022 and has increased to $277,117.94 for FY2022/2023. This increase reflects the addition of the Cape Canaveral Community Center and cost of living adjustments. Landscape Services include the trimming of palms on City -owned right-of-ways, parks and properties. U.S. Lawns will continue using green products (glyphosate and nitrogen -free) for weed control throughout all City -owned landscape beds, curbs and sidewalks. Pricing for the one-year contract is included in Exhibit 1. The existing Addendum 2 Agreement will expire on September 30, 2022. The proposed Addendum Three to the Professional Services Agreement is attached and includes the following: • Original contract expired on September 30, 2020 and provided for a one-year extension; • Addendum 1 expired on September 30, 2021; • Addendum 2 will expire on September 30, 2022 • Addendum 3 extends the Professional Services Agreement for one year (from October 1, 2022 to September 30, 2023); • Reflects the increased total contract amount of $277,117.94. Submitting Department Director: James Moore Date: Attachment: Third addendum to Professional Services Agreement with U.S. Lawns of Brevard dba Micnor Corp. Exhibit 1 FY2022/2023 Bid Tab Sheets. Financial Impact: $277,117.94 for the Mowing and Landscaping Contract to U.S. Lawns of Rockledge, Florida and funded by various City Departments; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: Approve Third addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $277,117.94 with U.S. Lawns of Brevard dba Micnor Corp. and authorize City Manager to execute same. Approved by City Manager: Todd Morley Date: 8/9/22 THIRD ADDENDUM TO U.S. LAWNS OF BREVARD PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this day of , 2022 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 100 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and U.S. LAWNS OF BREVARD DBA MICNOR CORPORATION, a Florida corporation, whose principal address is 374 Commerce Parkway, Rockledge, Florida 32955 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into the February 18, 2020 "U.S. Lawns of Brevard Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS, the agreement is scheduled to terminate on September 30, 2022; and WHEREAS, the parties mutually desire to extend the term of the Agreement as set forth herein; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of this Agreement for one (1) year, commencing on October 1, 2022 and terminating at midnight on September 30, 2023. The parties shall have the option to extend the term of this Agreement for three (3) additional one (1) year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Third Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 1 of 3 ARTICLE 3 — SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit 1, Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 4 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $ 277,117.94 for mowing and maintenance of certain landscaped areas of the City and of the Central Ditch, as described in Exhibit 1, Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 5 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: James Moore, Public Works Services Director City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Brandon Silverstein, Owner U.S. Lawns of Brevard 374 Commerce Parkway Rockledge, Florida 32940 Copy to: Todd Morley, City Manager City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Third Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: Todd Morley, City Manager By: Mia Goforth, City Clerk CONTRACTOR: U.S. Lawns of Brevard, a Florida corporation. WITNESSES: By: Print Name: Print Name: Title: Print Name: Third Addendum to Professional Services Agreement City of Cape Canaveral/U.S. Lawns of Brevard Page 3 of 3 Exhibit"1" City of Cape Canaveral Mowing and Landscape Maintenance Bid #2020-01 TAB SHEET Revised 2022-23 for Inflation BID AREA I TIMES PER UNIT COST TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR City Hall,Cape Center,BCSO,Canaveral City Hall - 100 Polk Ave. A Fire and Rescue,Community and Economic Development,Library BCSO Precinct- 111 Polk Ave. Mowing Operations $ 220.56 44 $ 9,704.64 Canaveral Fire and Rescue-190 Jackson Ave. Hedge Trimming $ 238.70 12 $ 2,864.40 Weed Spraying $ 42.97 12 $ 515.64 Cape Center- 105 Polk Ave. Palm Trimming (57- [45 IM; 12 Lib]) $ 25.00 57 $ 1,425.00 Library-201 Polk Ave. B Recreation Complex Mowing Operations $ 190.96 44 $ 8,402.24 7300 N.Atlantic Ave.(SR A1A) Hedge Trimming $ 308.40 12 $ 3,700.80 Palm Trimming (20) $ 25.00 20 $ 500.00 C Xeriscape Park Mowing Operations $ 43.92 44 $ 1,932.48 South Side of Cape Center Hedge Trimming $ 78.29 12 $ 939.48 (105 Polk Ave.)between Polk and Taylor Ave. Palm Trimming (4) $ 25.00 4 $ 100.00 D Veteran's Memorial Park Mowing Operations $ 76.38 44 $ 3,360.72 Adjacent to Library Hedge Trimming $ 78.29 12 $ 939.48 (201 Polk Ave.) Palm Trimming (6) $ 25.00 6 $ 150.00 E Bennix Park Mowing Operations $ 74.16 44 $ 3,263.04 Washington Ave.North Side Hedge Trimming $ 190.04 12 $ 2,280.48 (Between Poinsetta Ave.and Rosalind Ave.) Palm Trimming (30) $ 25.00 30 $ 750.00 F Canaveral & Canaveral Beach Blvds. (Medians Only) Mowing Operations $ 111.24 44 $ 4,894.56 Hedge Trimming $ 213.21 12 $ 2,558.52 Palm Trimming (98) $ 25.00 98 $ 2,450.00 Page 1 of 7 Exhibit"1" BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS East Central Blvd. G (Medians Only) and West Central Blvd. (Medians and Tree Lines) Mowing Operations $ 231.75 44 $ 10,197.00 Hedge Trimming $ 143.69 12 $ 1,724.28 Palm Trimming (106) $ 25.00 106 $ 2,650.00 H Cape View Elementary Tree Line and Kindergarten Cape View Elementary School Mowing Operations $ 46.35 44 $ 2,039.40 (8840 Rosalind Ave.) Palm Trimming (17) $ 25.00 17 $ 425.00 I Harbor Heights (Medians Only) Mowing Operations $ 37.08 44 $ 1,631.52 Harbor Dr. Hedge Trimming $ 64.89 12 $ 778.68 (Off N.Atlantic Ave.) Palm Trimming (4) $ 25.00 4 $ 100.00 J N.Atlantic Ave. SR A1A/N.Atlantic to Welcome Sign North End of N Mowing Operations $ 60.26 44 $ 2,651.44 Atlantic Ave.by Port Hedge Trimming $ 69.53 12 $ 834.36 K Canaveral City Park and Ball Park Mowing Operations $ 278.10 44 $ 12,236.40 Infield Mowing $ 55.62 80 $ 4,449.60 7920 Orange Ave. Hedge Trimming $ 64.89 12 $ 778.68 Palm Trimming (144) $ 25.00 144 $ 3,600.00 Aeration,Top Dressing,and Verticutting $ 2,832.50 1 $ 2,832.50 L Center Street Park and Streetscape Mowing Operations $ 46.35 44 $ 2,039.40 West End of Center St. Hedge Trimming $ 53.77 12 $ 645.24 (Off N.Atlantic Ave.) Palm Trimming (19) $ 475.00 1 $ 475.00 M South City Entrance Sign SR A1A Mowing Operations $ 33.37 44 $ 1,468.28 (Northeast Corner Including Palm Tree Area Parallel to Hedge Trimming $ 53.77 12 $ 645.24 Grant Ave.) Palm Trimming (9) $ 25.00 9 $ 225.00 Page 2 of 7 Exhibit"1" BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS N SR A1A Landscaped Easement Areas Christ Lutheran Church-7511 N.Atlantic Ave. Center St.-7077 N.Atlantic Ave.(Two Areas North and Mowing Operations $ 203.94 44 $ 8,973.36 South of Center St. on A1A Hedge Trimming Area Immediately Northtot b395 N.Atlantic Ave.and $ 165.01 12 $ 1,980.12 South of Cane Shores Dr. Palm Trimming (35) $ 25.00 35 $ 875.00 6121 N.Atlantic Ave. O Patriot's Park East End of Longpoint Rd. (West Mowing Operations $ 55.62 44 $ 2,447.28 Side of N.Atlantic Ave.) Palm Trimming (21) $ 25.00 21 $ 525.00 P Columbia Drive (Medians Only) Mowing Operations $ 78.80 44 $ 3,467.20 Medians Only Hedge Trimming $ 190.04 12 $ 2,280.48 Palm Trimming (9) $ 25.00 9 $ 225.00 Q Thurm Boulevard (Medians Only) Mowing Operations $ 78.80 44 $ 3,467.20 Medians Only Hedge Trimming $ 120.51 12 $ 1,446.12 Palm Trimming (14) $ 25.00 14 $ 350.00 R Manatee Sanctuary Park Mowing Operations $ 278.10 44 $ 12,236.40 701 Thurm Blvd.(Park Is Located on River Just North of Palm Trimming (238) $ 5,950.00 1 $ 5,950.00 Water Reclamation Facility) Edging of Exercise Trail $ 32.45 12 $ 389.40 S Banana River Park 901 Puerto Del Rio Dr.Soccer Field and Park Area Mowing Operations $ 122.36 80 $ 9,788.80 Including Canoe Launch Area Palm Trimming (38) $ 25.00 38 $ 950.00 T North City Entrance Sign A1A Mowing Operations $ 37.08 44 $ 1,631.52 North End of Cape Canaveral on West Side of Astronaut Hedge Trimming $ 46.35 12 $ 556.20 Blvd. Palm Trimming (6) $ 25.00 6 $ 150.00 Page 3 of 7 Exhibit"1" BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS U N.Atlantic Ave.Entrance Sign North End of Cape Canaveral on West Side of N.Atlantic Mowing Operations $ 37.08 44 $ 1,631.52 Ave.by Port Entrance Palm Trimming (14) $ 25.00 14 $ 350.00 V Ridgewood Ave. Mowing Operations $ 276.89 44 $ 12,183.16 Redevelopment Project Parallel to Oceanfront from East Central Blvd.to Johnson Ave. Hedge Trimming $ 262.58 12 $ 3,150.96 Palm Trimming (106) $ 25.00 106 $ 2,650.00 W International Drive International Drive Mowing Operations $ 85.00 44 $ 3,740.00 BID AREA II TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY A N.Atlantic Ave. North Entrance Sign to Landscaped Triangle Area Mowing Operations $ 272.13 24 $ 6,531.12 (Undeveloped Areas Only) Palm Trimming (61) $ 25.00 61 $ 1,525.00 East Central Blvd.-From N.Atlantic Ave. B East to Ridgewood Ave. Mowing Operations $ 245.66 24 $ 5,895.84 (Undeveloped Areas Only) Palm Trimming (60) $ 25.00 60 $ 1,500.00 C West Central Blvd.- From Thurm Blvd East to N.Atlantic Ave. Mowing Operations $ 107.53 24 $ 2,580.72 (Undeveloped Areas Only) Palm Trimming (39) $ 25.00 39 $ 975.00 D Beach End Streets(Harbor Heights to Johnson Ave.) Mowing Operations $ 152.96 24 $ 3,671.04 E Harbor Heights/Harbor Dr.Stormwater Harbor Dr.(Off N.Atlantic Ave.)Cul de Sac Area at East Retention Mowing Operations $ 61.18 24 $ 1,468.32 End F Oak Lane ROW on Both Sides of Roadway Mowing Operations $ 61.18 24 $ 1,468.32 G SR A1A East Side and West Side(Undeveloped Areas Only) Mowing Operations $ 229.90 24 $ 5,517.60 H Thurm Blvd Page 4 of 7 Exhibit"1" From SR A1A on East Side to West Central Blvd.on North Mowing Operations $ 305.91 24 $ 7,341.84 Side (To the Wall of Discovery Bay Development) Palm Trimming (32) $ 25.00 32 $ 800.00 Page 5 of 7 Exhibit"1" BID AREA II (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY I Church Lane Mowing Operations $ - 0 $ - I Jefferson/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 32.45 24 $ 778.80 J Washington/Poinsettia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 32.45 24 $ 778.80 K Madison/Magnolia Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 30.59 24 $ 734.16 L Buchanan/Orange Ave. Right-of-way Along Undeveloped Lot. Mowing Operations $ 30.59 24 $ 734.16 M Canaveral Blvd. Right-of-way on the North Side of Canaveral Blvd.in Mowing Operations $ 46.35 24 $ 1,112.40 Front of Gated Development. BID AREA III WATER RECLAMATION FACILITY AND LIFT UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES STATIONS YEAR A Water Reclamation Facility 601 Thurm Blvd. Mowing Operations $ 476.89 44 $ 20,983.16 B Lift Stations See Attached List and Map for Locations. Mowing Operations $ 216.30 44 $ 9,517.20 BID AREA IV MOWING/SLOPE MOWING OF CENTRAL DITCH UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES AND OTHER AREAS A Central Ditch LOCATION:North and South of West Central Blvd.from Mowing Operations $ 695.25 12 $ 8,343.00 Port to SR A1A. B Stormwater Pond-Manatee Park LOCATION:701 Thurm Blvd. Mowing Operations $ 101.97 44 $ 4,486.68 C Stormwater Ponds- Plant Mowing Operations $ 85.49 44 $ 3,761.56 LOCATION: 601 Thurm Blvd. D Stormwater Easement LOCATION:8893 N.Atlantic Ave. Mowing Operations $ 515.00 1 $ 515.00 Page 6 of 7 Exhibit"1" BID AREA V UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES Miscellaneous Mowing per Request YEAR A Code Enforced Empty Lots.ROWs and Abandoned Residential Lots $ 1,545.00 I 1 $ 1,545.00 BID #2020-01 TAB SHEET GRAND TOTAL BID AREA I - LANDSCAPED AREAS I $ 184,553.22 BID AREA II - RIGHTS-OF-WAY $ 43,413.12 BID AREA III - WATER RECLAMATION FACILITY AND LIFT STATIONS $ 30,500.36 BID AREA IV - MOWING/SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $ 17,106.24 BID AREA V - MISCELLANEOUS MOWING PER REQUEST $ 1,545.00 GRAND TOTAL OF BID AREAS I, II, III AND IV $ 277,117.94 ALL BID AREAS - PALM TRIMMING $ 29,675.00 VENDOR INFORMATION NOTES: In this bid tabulation sheet a total of $29,675.00 is COMPANY NAME: U.S.Lawns of Brevard for the Palm trimming. The actual base contract amount for COMPANY REPRESENTATIVE: Shane Kersten maintenance services is $247,442.94 MAILING ADDRESS: 374 Commerce Pkwy.Rockledge, Fl. 32955 OFFICE PHONE: 321-636-0655 MOBILE PHONE: 321-505-1157 Page 7 of 7 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 9 Subject: Approve proposed Purchase and Sale Agreement for Reserved Mitigation Credits with the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the amount of $33,000 and authorize City Manager to execute same. Department: Capital Projects Summary. The Long Point Estuary Park project includes the improvement of habitat and construction of a passive park at the 7.9 acre, City -owned property located at the western end of Long Point Road. The Park will include a small parking lot, a boardwalk with pavilion along the Banana River and stormwater improvements at the western end of Long Point Road. Invasive species continue to be removed and native trees/shrubs planted. The Park will be an important part of the City's future Banana River Master Plan, which will include a state -sanctioned kayak trail from the future Brevard Aquarium in Port Canaveral to Cocoa Beach. Permitting and Mitigation. The City has been working with St. John River Water Management District (SJRWMD) for over a year to obtain an Environmental Resource Permit for the property and to allow construction to move forward. Permit exemptions have already been received from the U.S. Army Corps of Engineers and Florida Fish and Wildlife. Since some wetlands plants will be impacted by the construction activities, SJRWMD requires the City to obtain wetlands mitigation credits and submit payment to a wetlands mitigation bank in accordance with the proposed project permit (SJRWMD Permit Number 162660-4). The City has chosen to submit the mitigation funds to the Webster Creek Mitigation Bank, LLC (WCMB) since the wetlands improved by WCMB include Herbaceous and Forested Saltwater Marine plantings similar to the Long Point Road site. WCMB is located in the Northern Indian River Lagoon basin, encompasses 116 acres adjacent to the Mosquito Lagoon Aquatic Preserve and is comprised of both upland and wetland ecological communities. Plantings in the WCMB provide habitat and food sources for several different species that are either endangered, threatened or of special concern in Florida. SJRWMD used the Uniform Mitigation Assessment Method (UMAM) to calculate, based upon the amount of wetlands impacted, that 0.11 mitigation credits are required for completion of the Long Point Road Estuary Project. The cost for a full mitigation credit at WCMB is $300,000; therefore, the City's cost for 0.11 mitigation credits is $33,000. Payment of these funds to WCMB is due prior to September 30, 2022 and is the final task required prior to issuance of the SJRWMD Environmental Resource Permit. (As an alternative, the City may elect to pay a 10% deposit to WCMB and the remainder by September 30, 2022.) A Purchase and Sale Agreement for Reserved Mitigation Credits with WCMB is included as Attachment 1. A map of the Long Road property showing wetlands impacted by the proposed construction activities is included as Attachment 2. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 9_ Page 2 of 2 Current Status, Schedule and Funding. Bid specs and engineering drawings are complete. The project will be publicly bid upon payment of the mitigation credits and receipt of the SJRWMD Environmental Resource Permit. Construction activities should begin this Fall/Winter with project completion expected in five to six months. Funding for the Long Point Estuary Park project includes a Florida Inland Navigation District (FIND) grant in the amount of $327,400. The FIND grant requires project completion by September 2023. The latest Engineer's Estimate for project completion is $655k. Submitting Department Director: Jeff Ratliff Date: Attachments: 1. Purchase and Sale Agreement for Reserved Mitigation Credits 2. Wetlands Impact Map Financial Impact: Purchase and Sale Agreement for Reserved Mitigation Credits with the Webster Creek Mitigation Bank, LLC for the Long Point Road Estuary Project in the amount of $33,000 funded by the General Fund. Staff time/effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: Approve proposed Purchase and Sale Agreement with Webster Creek Mitigation Bank, LLC and authorize City Manager to execute same. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 PURCHASE AND SALE AGREEMENT FOR RESERVED MITIGATION CREDITS THIS PURCHASE AND SALE AGREEMENT FOR RESERVED MITIGATION CREDITS (hereinafter "Agreement") is made this day of , 2022, by and between WEBSTER CREEK MITIGATION BANK, LLC, a Florida limited liability company, (hereinafter "Seller"), whose mailing address is 1064 Howell Branch Drive Winter Park, Florida 32789 and the CITY OF CAPE CANAVERAL (hereinafter "Buyer") whose mailing address is 100 Polk Avenue Cape Canaveral, Florida 32920 (hereinafter collectively the "Parties"). WITNESSETH: WHEREAS, Seller owns and operates the Webster Creek Mitigation Bank located in Volusia County, Florida (the "Mitigation Bank") with Forested and Herbaceous Marine mitigation credits available for transfer and sale under St. Johns River Water Management District (hereinafter "SJRWMD") Permit No. 146336-1; WHEREAS, Buyer needs to purchase Credits to offset wetland impacts associated with the proposed development of a project known as Long Point Estuary Park (hereinafter" Project"), SJRWMD Permit Number: 162660-4; WHEREAS, as part of the environmental permitting process for the Project involving the SJRWMD it is anticipated that SJRWMD will condition the issuance of Buyer's permits on the purchase of Credits as compensatory mitigation; WHEREAS, Seller agrees to sell and Buyer agrees to purchase Credits available from the Mitigation Bank on the terms and conditions below to be used to offset wetland impacts associated with the Project; WHEREAS, Buyer has determined that the number of Credits to be purchased is 0.11 (Eleven Hundredths) Herbaceous Marine state credits ("Subject Credits"); and NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter contained, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto, each intending to be legally bound, do hereby warrant and agree as follows: 1. Terms of Purchase. The purchase price (hereinafter "Purchase Price") of the Subject Credits is Thirty -Three Thousand U.S. Dollars ($33,000.00) payable to Seller by U.S. Institutional check or wire transfer of federal funds pursuant to wire instructions to be provided by Seller. Seller agrees to reserve and sell to the Buyer the aforementioned Subject Credits. Upon execution of this Agreement, Buyer shall deliver a non-refundable 10% deposit of Three Thousand Three Hundred U.S. Dollars ($3,300.00) to reserve the mitigation credits. All payments shall be paid to the account of Webster Creek Mitigation Bank and sent to 1064 Howell Branch Drive Winter Park, Florida 32789. 2. Reservation Period. This reservation shall commence upon the signing of this Agreement and shall expire on August 17, 2022 (the "Expiration Date"). The Purchase Price shall be due on or before the Expiration Date. If Buyer shall fail to deliver the Purchase Price in accordance with this Agreement, Seller may terminate this Agreement by written notice to Buyer, and the Parties shall have no further rights or obligations hereunder, except as otherwise provided. 3. Deposit. Unless otherwise described herein or otherwise agreed, the Deposit shall be credited against the Purchase Price paid by Buyer for the Subject Credits. The Deposit shall be deposited into a non -interest bearing account. Said Deposit shall be non-refundable to Buyer except in the case of breach by Seller as set forth in Paragraph 7 below. 4. Covenants of Seller. Seller covenants and agrees that it shall comply with all conditions and continuing requirements set forth in Seller's permits for the Mitigation Bank. Responsibility for compliance with the Seller's permits as to mitigation on the Mitigation Bank shall solely be the responsibility of Seller. The provisions of this paragraph 4 shall survive the closing hereunder. 5. Conditions of Transfer of Credit. Prior to the transfer of Subject Credits, Buyer shall provide a true and correct copy of the SJRWMD permit with exhibits to Seller. Upon receipt of the permit and payment of the Purchase Price, Seller shall provide to Buyer within ten (10) days thereafter documentation as required by the SJRWMD to effectuate the transfer of the Subject Credits as per the conditions of the Buyer's permit (i.e., copy of signed minor permit modification request) for the Project. Buyer is hereby notified that the transfer of Credits generally takes approximately thirty (30) to sixty (60) days to complete. 6. Debit of Credits and Transfer. Upon notification of the debit of the Subject Credits, the same shall be transferred to Buyer together with documents evidencing such transfer of the Subject Credits. The Parties hereby agree that evidence of the Subject Credits being transferred shall be the receipt by Seller from SJRWMD of the Minor Permit Modification to its Environmental Resources Permit (hereinafter the "ERP") evidencing the debit of credits. Once either transfer has been completed, the transfer shall be deemed to be completed and payment fully earned. 7. Breach of Seller. If the closing of the purchase and sale of the Subject Credits as contemplated by this Agreement is not consummated because of a default by Seller hereunder, then Buyer shall provide Seller with written notice of such default and Seller shall have twenty (20) days within which to cure any such default; if Seller does not cure its default, then following such notice and cure period, Buyer may, as Buyer's sole and exclusive remedy (except as hereinafter expressly provided), terminate this Agreement by written notice to Seller, upon which notice Seller shall return the Deposit to Buyer and the parties shall have no further rights or obligations hereunder, except with respect to those provisions of this Agreement which by their express terms survive termination of this Agreement. Buyer hereby EXPRESSLY WAIVES AND RELEASES ANY AND ALL OTHER RIGHTS, REMEDIES AND CLAIMS UNDER THIS AGREEMENT, AT LAW, IN EQUITY AND OTHERWISE IN CONNECTION WITH OR ARISING FROM NAY SUCH SELLER DEFAULT. 8. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto. 9. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. 10. Notices. Any notice or demand permitted or required by this Agreement shall be made in writing and shall be delivered by hand delivery, which shall include delivery by reputable national overnight courier service, such as Federal Express, or by electronic transmission (including electronic mail or facsimile, as may be set forth below) with confirmation of transmission followed by hand delivery of a copy of such notice or demand. Any such notice or demand shall be effective and deemed received on the date delivered to the addressee, as indicated on the receipt confirmation if delivered by hand, or if delivered by electronic transmission, on the date of such transmission, as indicated on the receipt confirmation. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed receipt of the notice, demand or request sent. For the purposes of this Section, notices shall be directed as follows: Notices to Seller: Webster Creek Mitigation Bank Attn: David Johnson 1064 Howell Branch Drive Winter Park, Florida 32789 With a copy to: The Mitigation Banking Group, Inc. Attn: Victoria K. Colangelo P.O. Box 195813 Winter Springs, Florida 32708 Email: Victoria@mitigationbankinginc.com Notices to Buyer: City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 11. Entire Agreement. This Agreement contains the entire understanding between the Parties and the Parties agree that no representation was made by or on behalf of the other which is not contained in this Agreement, and that in entering into this Agreement neither relied upon any representation not especially herein contained. This Agreement shall not be binding upon the Seller and Buyer until executed by an officer of the Seller and Buyer, if applicable its corporate seal affixed, and an executed copy of the Agreement has been delivered to the Buyer and Seller. 12. Amendments and Waivers. This Agreement may not be amended, modified, altered, or changed in any respect whatsoever, except by a further agreement in writing duly executed by each and all of the parties hereto. No failure by Buyer or Seller to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy upon a breach thereof shall constitute a waiver of any such breach or of such any other covenant, agreement, term or condition. Any party hereto, by notice, may but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenants of any other party hereto. No waiver shall affect or alter this Agreement, but each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 13. No Joint Venture or Partnership or Agency Relationship. Seller does not have any ownership interest in Buyer's business relationships or operations and Buyer does not have any interest in Seller's business relationships or operations. The relationship between Seller and Buyer is not in any manner whatsoever a joint venture or partnership and neither party shall be the agent of the other for any purpose, unless specifically granted in writing after execution hereof. Neither party shall hold itself out as an agent, partner or joint venturer with the other and each party shall defend and indemnify the other against any claim of liability arising out of an asserted agency, partnership or joint venture by the other contrary to the express provisions of this paragraph. 14. Captions; Genders. Captions used in this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. Whenever used, the singular shall include the plural, the plural shall include the singular, and gender shall include all genders. 15. Partial Invalidity. In case any term of this Agreement shall be held to be invalid, illegal or unenforceable, in whole or in part, neither the validity of the remaining part of such term or the validity of any other term of this Agreement shall in any way be affected thereby. 16. Calculation of Time. Time periods of five (5) days or less shall be computed without including Saturdays, Sundays, or national legal holidays, and any time period existing on a Saturday, Sunday or national legal holiday shall be extended until 5:00 p.m. on the next business day. 17. Effective Date. This Agreement is effective on the date on which the last of the parties signs this Agreement. 18. Typewritten or Handwritten Provisions. Handwritten provisions and/or typewritten provisions inserted in this Agreement, which are initialed by both parties, shall control over the printed provisions in conflict therewith. 19. Counterparts. This Agreement may be executed in any number of counterparts, any one and all of which shall constitute the agreement of the parties and shall be deemed one original instrument. The signature pages may be detached from one counterpart and reattached to another counterpart in order to form a fully -executed instrument. Signatures to this Agreement transmitted by facsimile or electronic mail will be valid and effective to bind the Party so signing. Each Party agrees to promptly deliver any execution original to this Agreement with its actual signature to the other Parties, but a failure to do so will not affect the enforceability of this Agreement. 20. Time is of the Essence. Time is of the essence under the terms of this Agreement. 21. Agreement Not Recordable. This Agreement shall not be recorded in the public records of any county and any attempt to do so shall be null and void and of no force and effect whatsoever and any attempt to do so shall place said party in default hereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement, to become effective as of the date and year first above written and in accordance with the terms of this Agreement. Signed, sealed and delivered in the presence SELLER: of: WEBSTER CREEK MITIGATION BANK By: Name: Executed on , 2022 BUYER: CITY OF CAPE CANAVERAL By: Title: Executed on , 2022 Attachment 2 Project Boundary Boadwalk Wetland Impacts (3,810 sq.ft.) Boardwalk (Over Uplands) Parking Wetland Impacts (5,370sq.ft.) Secondary Wetland Impacts (0.83 Acres) Parking Area Wetlands Stormwater Pond Project: Long Point Park Figure 5: Impact Map 0 100 200 400 Feet 2020 Aerial, Brevard County, Florida ATLANTIC ENVIRONMENTAL ENVIRONMENTAL PERMITTING & MITIGATION AE Proj #: 19708 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM #10a Subject: Ordinance No. 04-2022; amending Chapter 74 of the Code of Ordinances related to traffic and vehicles to create a new Article IV. — Operation of Golf Carts and Low -Speed Vehicles on roads; authorizing the operation of golf carts on specifically designated City roadways by subsequently adopted City Council resolution; providing definitions; providing for restrictions, certain minimum equipment, registration, inspection and insurance requirements for golf carts; recognizing low - speed vehicles are allowed on roads unless otherwise prohibited; providing for enforcement; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. Department: Brevard County Sheriffs Office and Community & Economic Development Summary: At the December 21, 2021 Regular City Council meeting, Mayor Pro Tem Kellum provided an overview of an initiative to authorize golf carts on certain streets and called for Council consensus to direct Staff to draft an ordinance similar to that of the City of Cocoa Beach. Discussion included the success of golf cart programs in other cities and pros and cons of allowing golf carts in the City. City Attorney Garganese advised how a two-step process would first include an enabling ordinance to create the possibility of allowing the use of golf carts in the City and second, a resolution designating certain roadways based on statutory criteria and findings that the City Council will be required to make upon advice from local law enforcement and others before any municipal streets are designated and deemed safe for golf cart use. Brevard County Sheriff's Office (BCSO) Commander Keck discussed regulations to consider, enforcement challenges with golf carts on the beach and DUIs, and his recommendation/offer to reach out to the City of Cocoa Beach to gain feedback and statistical data. Council continued discussion regarding implementation of the program on a trial basis and how allowing golf carts to cross State Road A1A would require the Florida Department of Transportation's consent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to direct Staff to draft an enabling ordinance for golf carts in the City (Attachment 1). To this end, the City Attorney has prepared Ordinance No. 04-2022 (Attachment 2). Highlights of the proposed Ordinance include: Defines "golf carts" and "low -speed vehicles" (LSVs) consistent with Florida law. • Allows the use of golf carts under specific requirements, provided the Council, by separate resolution, designates certain City streets and roads for use by golf carts. Use of golf carts and LSVs shall be prohibited if not specifically authorized. • Golf Carts shall be limited to roads that are specifically posted for such use and that have a posted speed limit of 30 miles per hour or less. • Golf carts shall not be allowed on any state or county roadway except at designated intersections. • Golf carts shall not be allowed on sidewalks, bicycle paths, swales, or trails. • The use of a golf cart on a designated road or street shall be deemed a license to use such roadway. • Any person operating a golf cart or LSV on a designated road shall do so at their own risk. • Golf carts shall only be used between sunrise and sunset. However, golf carts may be operated between sunset and sunrise only if the golf cart is equipped with headlights, City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item #10a Page 2 of 3 brake lights, turn signals, and a windshield in addition to other equipment as required by F.S. 74-80. • Golf carts can only be operated by drivers at least 16 years of age. A person with a valid learner's permit may operate a golf cart if accompanied by a licensed driver at least 18 years of age. • Golf carts cannot exceed 20 miles an hour. • Golf carts shall comply with applicable traffic regulations, to include parking requirements. • Required minimum equipment: • Efficient brakes; • Reliable steering apparatus; • Safe tires; • Rearview mirrors; • Red reflectorized warning devices (front and rear); • Headlights if used between sunset and sunrise; • Brake lights if used between sunset and sunrise; • Turn signal if operated between sunset and sunrise; and • Horn meeting applicable standards. • All golf carts shall be inspected and registered. • All golf carts shall purchase and maintain liability insurance insuring against injury and property damage. • LSVs may be operated where posted speed limits are 35 miles an hour or less. • LSVs must be equipped with headlamps, stop lamps, turn signals, tail lights, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts, and vehicle identification numbers. • All LSVs must be registered and insured in accordance with F.S. 320.02. • Any person operating a LSV must have his/her valid driver's license. • LSVs may be operated at any time of the day. • Violations of the Ordinance shall constitute a non -criminal infraction. In a related matter, at the February 15, 2022 City Council Regular meeting, Council Member Raymond provided an overview of dangers regarding electric vehicles on sidewalks, challenges in forcing electric vehicles onto the street, golf carts, public safety concerns, and authority to make prohibitions (Attachment 3). City Attorney Garganese advised there is statutory authority for Council to regulate vehicles on sidewalks, and pointed to the need to gather more information from BCSO Commander Keck and Staff, in order to avoid unintended consequences. City Manager Morley recommended bringing this Item back at the same time as the draft golf cart ordinance. Lieutenant Lockhart discussed the challenges of enforcement regarding dangerous electric vehicle operation and there being no specific speed limit on sidewalks for electric vehicles or otherwise. Discussion ensued regarding speaking with constituents and ideas for launching an educational campaign. Council reached consensus to continue the conversation. Subsequently, the City Manager and City Attorney met with BCSO and C&ED Staff and created a recommendation regarding prohibiting E-bikes from City sidewalks (Attachment 4). As background to this Item, materials from a golf cart registration program in Wendell, NC are attached (Attachment 5). Program forms and golf cart related ordinances are included. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item #10a Page 3 of 3 At its April 19, 2022 Regular meeting, Council approved the subject Ordinance at first reading. Commander Keck offered to contact FDOT to inquire about the process of authorization of golf cart crossings on SR A1A. At its July 19, 2022 Regular Meeting, the Council again considered the matter and reached consensus for Staff to bring the Kimley Horne proposal for the Golf Cart Study and Ordinance No. 04-2022 back for consideration at its August 16, 2022 Regular Meeting (Attachment 6). The Notice of Hearing was placed for advertisement in Florida Today on May 5, 2022 and August 4, 2022 and the Ordinance is now presented for second reading and final adoption. Submitting Department Directors: Commander Byron Keck and David Dickey Date: Attachments: 1 - December 21, 2021 City Council Minutes 2 - Ordinance No. 04-2022 3 - February 15, 2022 City Council Minutes 4 - E-bike Policy Memo 5 - Wendell, NC Golf Cart Packet 6 — Draft City Council Meeting Minutes — July 19, 2022 Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: Adopt Ordinance No. 04-2022 on second reading. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 City of Cape Canaveral, Florida City Council Regular Meeting • December 21, 2021 Minutes • Page 3 of 5 seconded by Mayor Pro Tem Kellum, to adopt Ordinance No. 25-2021, at second reading. The motion carried 5-0. ITEMS FOR ACTION: 6. Approve the City Manager Performance Evaluation Form. Human Resources and Risk Management Director Huser explained the Item. Discussion ensued and included how the current form was used for many years and support for using the new form. Mayor Morrison stated his desire to proceed with approval now, but will forward recommended changes to City Clerk Goforth to share with Council and bring it back to Council prior to the next City Manager Performance Evaluation. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt the City Manager Performance Evaluation Form. The motion carried 5-0. Mayor Morrison recessed the meeting at 6:56 p.m. The meeting was reconvened at 7:03 p.m. 7. Reappoint City Planner Brenda Defoe-Surprenant as the City's Representative on the Space Coast Transportation Planning Organization (SCTPO) Technical Advisory Committee and City resident Arlyn DeBlauw as the North Beaches Coalition Delegate on the SCTPO Citizens' Advisory Committee: City Manager Morley explained the Item. Discussion ensued and included support for both appointees being reappointed and praise for both never missing a meeting and the crucial function both appointments play. A motion was made by Council Member Raymond, seconded by Council Member Willis, to reappoint both Representatives to the SCTPO Technical Advisory and Citizens' Advisory Committees. The motion carried 5-0. ITEMS FOR DISCUSSION: 8. Golf cart ordinance in Cape Canaveral (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item and called for Council consensus to direct Staff to draft an ordinance similar to that of the City of Cocoa Beach. Discussion ensued and included the success of golf cart programs in other cities and pros and cons of allowing golf carts in the City. City Attorney Garganese advised how a two-step process would first include an enabling ordinance which creates the possibility of allowing the use of golf carts in the City and second designation of roadways based on findings from local law enforcement and others. Brevard County Sheriff's Office Commander Keck discussed regulations to consider, enforcement challenges with golf carts on the beach and DUls, and his recommendation/offer to reach out the City of Cocoa Beach to gain feedback and statistical data. Discussion continued regarding implementation of the program on a trial basis and how allowing golf carts to cross State Road A1A would require the Florida Department of Transportation's consent. Mayor Morrison read the email comments from Rod and Linda Hagen, residents, attached herewith. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to direct Staff to draft an enabling ordinance for golf carts in the City. The motion carried 5-0. 9. Dogs on the Beach (Submitted by Council Member Raymond): Council Member Raymond explained the Item. Discussion ensued and included enforcement concerns, dogs appear on the beach most nights, some dogs are leashed, the damaged City sign on Harrison Avenue and desire for pet owners to be responsible and respectful of the law. Commander Keck discussed how officers conduct random patrols, confirmed the response to the call on December 4, 2021 was delayed due to an event and will address the lag time between calls/action, complaints and increase issuance of tickets. Discussion continued on the challenges of and need for Attachment 2 1 ORDINANCE NO. 04-2022 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF 5 ORDINANCES RELATED TO TRAFFIC AND VEHICLES TO CREATE A 6 NEW ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW -SPEED 7 VEHICLES ON ROADS; AUTHORIZING THE OPERATION OF GOLF 8 CARTS ON SPECIFICALLY DESIGNATED CITY ROADWAYS BY 9 SUBSEQUENTLY ADOPTED CITY COUNCIL RESOLUTION; PROVIDING 10 DEFINITIONS; PROVIDING FOR RESTRICTIONS, CERTAIN MINIMUM 11 EQUIPMENT, REGISTRATION, INSPECTION AND INSURANCE 12 REQUIREMENTS FOR GOLF CARTS; RECOGNIZING LOW -SPEED 13 VEHICLES ARE ALLOWED ON ROADS UNLESS OTHERWISE 14 PROHIBITED; PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE 15 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 16 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY 17 AND AN EFFECTIVE DATE. 18 19 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State 20 Constitution, and §§ 166.221; 316.212; 316.2122, Florida Statutes to authorize the operation of 21 golf carts and low speed vehicles and regulate such operation within its jurisdictional limits; and 22 23 WHEREAS, the operation of golf carts upon public roads is ordinarily prohibited on such 24 roads unless otherwise authorized by the agency with jurisdiction over such roads including 25 authorized by a city on city streets; county on county roads; and State of Florida on state highways 26 pursuant to § 316.212, Florida Statutes; and 27 28 WHEREAS, to protect the public health, safety and welfare of its citizens, the City Council 29 desires to continue to prohibit the operation of golf carts upon roads and streets incompatible 30 with such operation and regulate the manner and times of operation of golf carts upon certain 31 designated City streets where such operation is authorized by the City Council and such other 32 agencies, if necessary, with jurisdiction over other roads and streets; and 33 34 WHEREAS, section 316.212, Florida Statutes, authorizes local governments to allow golf 35 carts to operate on local roadways if the local government has determined that such operation is 36 safe based on factors including the speed, volume, and character of motor vehicle traffic and has 37 posted appropriate signs to indicate such operation is allowed; and 38 39 WHEREAS, the City Council of the City of Cape Canaveral, Florida, recognizes that the use 40 of golf carts in certain areas may be a safe, economical form of transportation which can reduce 41 traffic congestion and gasoline consumption; and 42 43 WHEREAS, upon adoption of this Ordinance, the City of Cape Canaveral may conduct City of Cape Canaveral Ordinance No. 04-2022 Page 1 of 9 1 studies to determine whether golf carts may safely travel on specific local roadways, and will 2 identify, by subsequently adopted resolution, those specific local roadways upon which golf carts 3 can be operated safely, taking into consideration the speed, volume and character of motor 4 vehicle traffic on said roadways; and 5 6 WHEREAS, the City Council finds that the operation of golf carts on local roads should be 7 limited to persons possessing a valid driver's license and subject to such other minimum safety 8 standards required by this Ordinance; and 9 10 WHEREAS, the City Council also recognizes that low -speed vehicles, as defined in section 11 320.01(41), Florida Statutes, are allowed to operate on public roads where the posted speed limit 12 is thirty-five (35) miles per hour or less including City roads and streets unless otherwise prohibited 13 by ordinance in accordance with section 316.2122, Florida Statutes; and 14 15 WHEREAS, the City Council hereby finds this ordinance to be in the best interests of the 16 public health, safety, and welfare of the citizens of Cape Canaveral. 17 18 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 19 ORDAINS, AS FOLLOWS: 20 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 21 this reference as legislative findings and the intent and purpose of the City Council of the City of 22 Cape Canaveral. 23 24 Section 2. Amending Chapter 74 of the City Code. The City of Cape Canaveral 25 Code of Ordinances, Chapter 74, is hereby amended as set forth below (underlined type indicates 26 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance 27 of said applicable Chapter that shall remain unchanged in the City Code): 28 29 CHAPTER 74 TRAFFIC AND VEHICLES 30 31 * * * 32 33 Secs. 74-64-74-75. — Reserved. 34 35 ARTICLE IV. — OPERATION OF GOLF CARTS AND LOW -SPEED VEHICLES ON ROADS 36 37 Sec. 74-76. Intent; Definitions. 38 39 (a) The city council recognizes that "golf carts" and "low -speed vehicles" are each 40 distinctly defined and their operation on roads and streets are regulated differently under Florida 41 law. Accordingly, pursuant to sections 316.212, it is the intent of the city council to allow and 42 authorize the operation of golf carts only under certain requirements and conditions provided the City of Cape Canaveral Ordinance No. 04-2022 Page 2 of 9 1 city council, by resolution, specifically designates a city road and street for use by golf carts. It is 2 also the intent of this article to recognize that low -speed vehicles are allowed on city streets and 3 roads as permitted by section 316.2122, Florida Statutes unless otherwise prohibited by the city 4 council, by resolution, upon a determination that such prohibition is necessary in the interest of 5 safety. 6 7 (b) For purposes of this article, the following words and phrases shall have the 8 following ascribed meaning: 9 10 (i) "Golf cart" shall be as defined in section 320.01(22), Florida Statutes, and means a 11 motor vehicle that is designed and manufactured for operation on a golf course for sporting or 12 recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. 13 14 (ii) "Designated roadways" means those roads identified by the city council, by 15 resolution, as being safe for operation of golf carts considering factors including speed, volume, 16 and character of motor vehicle traffic using said road in accordance with all requirements for 17 operation set forth in this article. 18 19 (iii) "Driver's license" means a valid license issued to operate a motor vehicle issued by 20 the State of Florida or any other state. 21 22 (iv) "Inspection" shall mean a safety evaluation of each registered golf cart for purposes 23 of confirming that the golf cart meets the minimum requirements of this article performed by the 24 by the City department or Sheriff's Office as designated by the city manager. 25 26 (v) "Low -speed vehicle" means any four -wheeled vehicle whose top speed is greater 27 than 20 miles per hour but not greater than 25 miles per hour, including, but not limited to, 28 neighborhood electric vehicles. Low -speed vehicles must comply with the safety standards in 49 29 C.F.R. s. 571.500 and § 316.2122, Florida Statutes. For purposes of this article, "golf carts" as 30 defined in F.S. § 320.01(22) or "speed modified golf carts" shall not be considered "low -speed 31 vehicles" and shall be subject to the specific rules and regulations governing golf carts adopted 32 under this article. 33 34 Sec. 74-77. Use of golf carts on designated roadways. 35 36 (a) It shall be unlawful for a person to operate a golf cart on any road or street within 37 the City of Cape Canaveral jurisdictional limits except upon designated roadways expressly 38 authorized by the city council. It shall also be unlawful to operate a golf cart in violation of any 39 provision set forth in this article. 40 41 (b) The city council may, by resolution, designate a city street or road suitable and safe 42 for golf cart use after considering factors including speed, volume, and character of motor vehicle 43 traffic using said street or road in accordance with all requirements for operation set forth in this City of Cape Canaveral Ordinance No. 04-2022 Page 3 of 9 1 article. 2 3 (c) Upon designation by the city council, by resolution, golf carts may be operated on 4 such designated roadway within the city limits of the City of Cape Canaveral where the roadway 5 is posted by the City with appropriate signage to indicate that such operation is allowed. 6 7 (d) Golf cart use may only be authorized on roadways with a posted speed limit of 30 8 miles per hour or less. Golf carts shall not be operated on any roadway where the designated 9 speed limit is greater than 30 miles per hour. 10 11 (e) Golf cart use shall not be allowed on any state or county roadway, except to cross 12 at designated intersections approved by the state or county with jurisdiction over the roadway in 13 accordance with applicable law for the purpose of immediately reaching the next designated 14 roadway. If a crossing is designated on any state or county road or street, it shall be unlawful for 15 a golf cart to cross the state or county road at any other location. 16 17 (f) This article does not authorize the use of golf carts on private property. Golf carts 18 shall not be operated on private property unless authorized by the property owner. 19 20 (g) Golf carts shall not be operated on sidewalks, bicycle paths, swales, or trails. 21 22 Sec. 74-78. Licensed use; revocable; claims prohibited and waived. 23 24 (a) The operation of a golf cart on a roadway designated by the city or a low -speed 25 vehicle on a road not prohibited by the city shall be deemed to be a license to use those roadways 26 and such license shall be revocable by the city council in its legislative capacity based upon its 27 consideration of the public health, safety and welfare of the public arising from such use. 28 29 (b) The authorization to use golf carts on any designated roadway shall not limit or 30 otherwise prohibit the city council from amending or repealing of this article or any resolution 31 adopted in furtherance thereof; contracting or expanding the number of designated roadways on 32 which golf carts can be operated; or designating the crossing points for state or county roads, as 33 may be approved by the state or county. Further, the lack of a prohibition to use low -speed 34 vehicles on roadways shall not prohibit the same by city council relative to low -speed vehicles. All 35 persons operating golf carts or low -speed vehicles on city streets or roads, whether designated 36 or prohibited roadways or not, do so on the condition that there shall be no claim for monetary 37 loss or other claim for the loss of allowed golf cart or low -speed vehicle operation on such streets 38 or roads or any monetary claim therefore based on a claim for action in reliance on the provisions 39 of this article. The city council retains the unlimited legal authority to revoke, amend or to 40 otherwise legislate as to the operation of golf carts or low -speed vehicles on streets without 41 liability of any kind arising from its legislative decisions. 42 43 (c) Any person operating a golf cart or low -speed vehicle enjoying a license hereunder City of Cape Canaveral Ordinance No. 04-2022 Page 4 of 9 1 for such purpose and all persons who are passengers in such golf cart or low -speed vehicle shall 2 be deemed to have waived any claim against the city for its legislative decision to allow the 3 operation of such golf carts on designated city streets or low -speed vehicles on streets in 4 compliance with this article, and this article is declared by the city council to be a legislative act of 5 the city pursuant to the authority granted by Florida Statutes. 6 7 (d) Any person operating a golf cart or low -speed vehicle on any road or street within 8 the City of Cape Canaveral does so at their own risk and must operate such a vehicle with due 9 regard for the safety and convenience of other motor vehicles, bicyclist(s) and pedestrians. The 10 city, in extending operating privileges to golf carts or low -speed vehicles, does so on the express 11 condition that the operator undertakes such operation at their own risk and assumes sole 12 responsibility for operating said vehicle, and shall be deemed to defend, release, indemnify and 13 hold harmless the City of Cape Canaveral, its officials, attorneys and employees from any and all 14 claims, demands, damages, or causes of action, known or unknown, of any nature arising from 15 such operation by any person against the City of Cape Canaveral and its officials, attorneys and 16 employees. 17 18 19 Sec. 74-79. Restrictions. 20 21 Golf carts operating on designated roadways shall be subject to the following restrictions: 22 23 (a) Hours of operation. Golf carts may be operated on designated roadways only 24 during the hours between sunrise and sunset. However, the operation of golf carts on designated 25 roadways between sunset and sunrise is allowed as long as the golf carts operating during this 26 time are equipped with headlights, brake lights, turn signals, and a windshield in addition to the 27 other equipment required under section 74-80. Such lights must be on when the golf cart is 28 operating on streets and roads between sunset and sunrise. 29 30 (b) Licensed driver. Golf carts operating on designated roadways must be operated 31 by a person who is at least 16 years of age, and who possesses a valid driver's license. Persons 32 who possess a valid learner's permit may operate a golf cart on designated roadways when 33 accompanied by a licensed driver of at least 18 years of age. No person may operate a golf cart 34 on city streets and roads who has a suspended driver's license or whose driver's license has been 35 revoked. 36 37 (c) Maximum speed. Golf carts operating on designated roadways shall not exceed 38 20 miles per hour. 39 40 (d) Compliance with traffic laws. Golf carts shall be operated in accordance with all 41 applicable local and state traffic regulations. Golf carts shall not be operated at such a slow speed 42 as to impede, obstruct or block the normal or reasonable movement of traffic, except when 43 reduced speed is necessary for safe operation or compliance with law. Golf carts shall stay to the City of Cape Canaveral Ordinance No. 04-2022 Page 5 of 9 1 far right of any designated roadway, and shall yield the right of way to overtaking drivers. 2 3 (e) Parking. Golf carts shall comply with all applicable parking regulations in the 4 same manner as any other motor vehicle. 5 6 (f) Occupants. The number of occupants in a golf cart operated on designated 7 roadways shall be limited to the number of seats on the golf cart provided by the golf cart 8 manufacturer. No occupants of a golf cart shall stand at any time while the golf cart is in motion. 9 10 (h) Alcohol. All state regulations governing the use and possession of alcoholic 11 beverages while operating a motor vehicle shall apply to the operation of golf carts on designated 12 roadways. 13 14 Sec. 74-80. Required minimum equipment. 15 16 All golf carts operated on designated roadways shall maintain the following minimum 17 equipment in good working order: 18 19 (a) Efficient brakes; 20 21 (b) Reliable steering apparatus; 22 23 (c) Safe tires; 24 25 (d) Rearview mirrors; 26 27 (e) Red reflectorized warning devices, both in the front and the rear; 28 29 (f) Headlights if operated between sunset and sunrise; 30 31 (g) Brake lights if operated between sunset and sunrise; 32 33 (h) Turn signal if operated between sunset and sunrise; and 34 35 (i) Horn meeting the standards of § 316.271, Florida Statutes. 36 37 Sec. 74-81. Inspection and registration of golf carts required. 38 39 All golf carts operating on designated roadways in the City of Cape Canaveral shall be 40 registered and inspected in a manner administratively determined by the city manager as follows: 41 42 (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by 43 the City. The owner shall pay an annual registration fee established by resolution of the city City of Cape Canaveral Ordinance No. 04-2022 Page 6 of 9 1 council, and shall be issued a registration decal which shall be affixed to the back driver's side of 2 the golf cart in a location easily visible to law enforcement. Decals shall be issued annually, and 3 are valid for one year. 4 5 (b) Prior to issuance of a registration decal, golf cart owners shall be required to 6 provide proof of ownership and liability insurance, a valid driver's license and sign an affidavit of 7 compliance. The insurance and license must remain in full force and effect at all times the golf 8 cart is operated on city streets or roads. 9 10 (c) At the time of registration, the City shall inspect the golf cart to verify road 11 worthiness and to ensure the required equipment is installed and working properly. 12 13 (d) Lost or stolen registration decals are the responsibility of the golf cart owner. A 14 police report shall be filed in the event of a lost or stolen decal. The police chief or the police 15 chief's designee shall have the discretion to determine whether a replacement decal may be 16 issued. If no existing registration information is available, the police chief may direct the golf cart 17 owner to reapply and to repay any required fees prior to a replacement decal being issued. 18 19 (e) No registration is required for golf carts which are not operated on city streets or 20 roads. 21 22 Sec. 74-82. Insurance required. 23 24 All golf cart owners are required to purchase and maintain liability insurance insuring 25 against personal injury and property damage. Minimum required insurance shall be the same as 26 for motor vehicles registered in the State of Florida for personal use and as designated by Florida 27 Statutes. Proof of insurance must be presented at time of golf cart registration, and must be 28 possessed at all times by the golf cart operator while operating the golf cart on designated 29 roadways. 30 31 Sec. 74-83. Low -speed vehicles. 32 33 (a) Authorization to operate low -speed vehicles. Low -speed vehicles may be 34 operated within the city limits where the posted speed limit is thirty-five (35) miles per hour or 35 less. Pursuant to F.S. § 316.2122(1), this does not prohibit a low -speed vehicle from crossing a 36 road or street at an intersection where the road or street has a posted speed limit of more than 37 thirty-five (35) miles per hour. However, the city council may in its legislative discretion, by 38 resolution, prohibit the operation of low -speed vehicles on any City street or road under its 39 jurisdiction if the city council determines that such prohibition is necessary in the interest of safety. 40 41 (b) Equipment and minimum standards. According to the requirements set 42 forth in F.S. § 316.2122, a low -speed vehicle must be equipped with headlamps, stop lamps, turn 43 signal lamps, tail lamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat belts City of Cape Canaveral Ordinance No. 04-2022 Page 7 of 9 1 and vehicle identification numbers. A low -speed vehicle must be registered and insured in 2 accordance with F.S. § 320.02. Any person operating a low -speed vehicle must have in his or her 3 possession a valid driver's license. 4 5 (c) Hours of operation. Low -speed vehicles may be operated at any time. 6 7 (d) Compliance with traffic laws. Low -speed vehicles shall comply with all local and 8 state traffic laws, and may be ticketed for traffic violations in the same manner as motor vehicles. 9 10 11 Sec. 74-84. Enforcement. 12 13 A violation of this article shall constitute a non -criminal infraction enforceable pursuant to 14 the provisions of § 316.212(9), Florida Statutes, and city ordinances by a law enforcement officer 15 or city code enforcement officer as such officer's legal authority and jurisdiction allows. In 16 addition, other avenues for the enforcement of violations of this article may be enforced by city 17 code enforcement officers as a code violation pursuant to chapter 2, Article VI, Code Enforcement 18 of the City Code. The Uniform Traffic Citations shall only be used for violations that are also 19 violations of the Florida Uniform Traffic Control Law. 20 21 22 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 23 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 24 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 25 26 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 27 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 28 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 29 and like errors may be corrected and additions, alterations, and omissions, not affecting the 30 construction or meaning of this ordinance and the City Code may be freely made. 31 32 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 33 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 34 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 35 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 36 the validity of the remaining portions of this Ordinance. 37 38 Section 6. Effective Date. This Ordinance shall become effective immediately upon 39 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 40 Charter. 41 42 43 City of Cape Canaveral Ordinance No. 04-2022 Page 8 of 9 1 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, 2022. 2 3 4 5 6 Wes Morrisson, Mayor 7 8 ATTEST: For Against 9 10 Kim Davis 11 12 Mia Goforth, CMC Mickie Kellum 13 City Clerk 14 Wes Morrison 15 16 Angela Raymond 17 18 Don Willis 19 20 21 First Reading: April 19, 2022 22 Advertisement: May 5, 2022 23 Second Advertisement: August 4, 2022 24 Second Reading: August 16, 2022 25 26 27 Approved as to legal form and sufficiency 28 for the City of Cape Canaveral only by: 29 30 31 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 04-2022 Page 9 of 9 Attachment 3 City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 2 of 7 CONSENT AGENDA: Mayor Morrison removed Item 1. 1. Approve Minutes for January 18, 2022 Special and Regular City Council Meetings. 2. Resolution No. 2022-02; appointing Members to the Culture and Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Betsy Ronk and Mary Mosquera) 3 Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2021. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Raymond, to approve Consent Agenda Items 2 and 3. The motion carried 5-0. #1 Mayor Morrison explained the motion made during the City Council Special Meeting of January 18, 2022, Item 1, Discuss the status of the Civic Hub project/7404 N. Atlantic Avenue, should have included reference to Section 166.045 and AGO 90-53. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to amend the Minutes, "...to direct the City Attorney to provide a memo, before closing, in compliance with State Law, Section 166.045 and AGO 90-53". Discussion ensued and included reasons for the amendment such as the importance of specifying the State statute and Attorney General Opinion and capturing motions as closely as possible. The motion carried 5-0. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to approve Agenda Item 1, January 18, 2022 Special Meeting Minutes, as amended and the Regular City Council Meeting Minutes. The motion carried 5-0. OLD BUSINESS (ITEMS FOR DISCUSSION): 4. Compensation for the City's elected officials. (Postponed at the December 21, 2021 and January 18, 2022 Regular Meetings): City Manager Morley explained the Item. Patrick Campbell, resident, expressed thanks for bringing the Item to Council, discussed support for action to be taken immediately to increase compensation of Council Members, and adjusting pay rates of certain lower paid Staff members. Discussion ensued and included pros and cons regarding increasing compensation for elected officials, the awkward topic for Council, strong support for increases to become effective after the longest term of the current sitting elected official expires which is the Mayor's term in 2025, tying the increase to the Consumer Price Index inflation rate calculation, knowing the value elected officials create for the community, desire for diversity on Council, and need for additional resources to help elected officials serve. A motion was made by Council Member Willis, seconded by Council Member Raymond, to accept a pay increase for the City's elected officials beginning Fiscal Year 2024/2025, based upon the current Consumer Price Index Inflation Rate at that date. Discussion ensued regarding whether an automatic adjustment should be made every year following and desire to not bind any future City Council to do so. City Manager Morley confirmed Council's direction for the increase effective beginning December 1, 2024 and to bring a draft ordinance back for first reading within sixty to ninety days. The motion carried 5-0. 5. Electric Vehicles on City Sidewalks (Submitted by Council Member Raymond) (Postponed at the January 18, 2022 Regular Meeting): Council Member Raymond explained the Item. Discussion ensued and included dangers regarding electric vehicles on sidewalks, challenges in forcing electric vehicles onto the street, golf carts, public safety concerns, and authority to make prohibitions with the exception of ADA (Americans with Disabilities Act) devices. City Attorney Garganese advised there is statutory authority for Council to regulate vehicles on sidewalks, City of Cape Canaveral, Florida City Council Regular Meeting • February 15, 2022 Minutes • Page 3 of 7 pointed to the need to gather more information from BCSO Commander Keck and Staff, in order to avoid unintended consequences, and policy decisions that Council would need to make. City Manager Morley recommended bringing this Item back to the meeting that includes the draft golf cart ordinance. Lieutenant Lockhart discussed the challenges of enforcement regarding dangerous electric vehicle operation and there being no specific speed limit on sidewalks for electric vehicles or otherwise. Discussion ensued regarding speaking with constituents and ideas for launching an educational campaign. Council reached consensus to continue the conversation. Teresa Camp, resident of Merritt Island, discussed a dangerous experience she had with two motorized vehicles while walking on the beach January 9, 2022. Mayor Morrison recommended making a non -emergency phone call to the Sheriff's Office in such instances. Mayor Morrison recessed the Meeting at 7:36 p.m., the Meeting was reconvened at 7:51 p.m. PUBLIC HEARINGS: City Attorney Garganese provided an overview for the following Ordinances. 6. Ordinance No. 23-2021; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of multiple parcels of real property located along the North and South Side of Oak 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, second reading: City Attorney Garganese read both titles into the record and confirmed property owned by Don Haynes was removed as requested. Community and Economic Development Director Dickey advised Council regarding an additional request for removal of 126 Oak Lane, Bernard Lennon, owner. Discussion ensued and included properties being removed from the Ordinance will remain non -conforming, notification process and additional efforts by the City to inform residents of proposed actions on Oak Lane with a courtesy letter and personal visit by Mayor Pro Tem Kellum, procedure to make another amendment to the Ordinance and whether properties on Anchorage Lane and others that fall within the 500 foot radius should be given additional notices. Community and Economic Development Director Dickey reminded Council of the Noticing requirements and potential negative impacts of deviating from the process. City Manager Morley clarified how all properties were noticed in accordance with the Code and, as a result of Council's direction at the January City Council Meeting, residents of Oak Lane received additional notifications not required by Code. City Attorney Garganese advised effective dates for each Ordinance is 31 days after adoption unless challenged, Council may not make arbitrary amendments once approved, and property owners should attend public hearings if they desire to address Council. Discussion ensued and included the impacts of stopping the process now to allow others to respond, respecting Staff's efforts and the need to move forward. A motion was made by Council Member Raymond, seconded by Council Member Davis, to adopt Ordinance No. 23-2021, with removal of 126 Oak Lane, at second reading. The Public Hearing was opened. Don Haynes, resident and owner of 146 Oak Lane, thanked Council for granting the request to remain C-1 Commercial. Mark James, resident of 135 Oak Lane, discussed receiving the Notice, courtesy letter, and objection to allowing 126 Oak Lane to remain C1 Commercial. The Public Hearing was closed. The motion carried 5-0. Ordinance No. 24-2021; adopting a City -initiated rezoning of Several Parcels of Property located along the North and South Side of Oak 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 Attachment 4 Memo City Manager's Office TO: City Council FROM: Todd Morley, City Manager DATE: 4/14/2022 RE: Considerations on the issue of whether e-bikes should be prohibited from sidewalks in the City's Rights -of -Way, to include other forms of "e-mobility" devices (i.e. boosted boards, one wheels, etc.) On March 24, 2022, City Staff met with BCSO and the City Attorney to discuss the issue. After consideration of the issue (should e-bikes be allowed on City sidewalks), it was determined that the most reasonable course of action at this time is to develop more bike -friendly infrastructure and dedicated bicycle lanes to allow for the safe travel of e-bikes in designated areas. It is believed that moving e-bikes or other electric mobility devices off City sidewalks could create unintended traffic conflicts and endanger a large number of bicyclists/operators and motor vehicle drivers due to a lack of education about roadway safety rules and the enhanced speed capabilities of e- bikes. Records provided by BCSO currently indicated no e-bike related crash incidents involving the hitting of either pedestrians or vehicles, only incidents involving the bicycle rider themselves. Enforcement was also deemed to be a very challenging issue should the City Council decide to enact any type of rules against e-bikes being on City sidewalks, even when considering the concept of limiting enforcement to only certain areas or classes of e-bikes and their speeds instead of a blanket ban on all classes of e-bikes on all public sidewalks within the City. Additionally, there are other forms of "e-mobility" devices (i.e. boosted boards, one wheels, etc.) that would likewise have to be addressed if the City proceeded with regulating e-bikes on sidewalks. At this time, the best course of action is believed to be the continued construction of dedicated bike lanes throughout the City that could allow for the safe movement of e-bikes and other e- mobility devices. The City has designated numerous bike lanes in recent years, including across Ridgewood Ave, North Atlantic Ave, International Dr., Center St, and West Central Blvd. Additional bike lanes are planned for FY 22/23 along Canaveral Beach Blvd and Canaveral Blvd. The Presidential Streets Masterplan may also include recommendations to build dedicated bike lanes across the Presidential Streets area for a continued increase in interconnected bike infrastructure that can be taken advantage of by e-mobility devices. This issue could be reevaluated in the future if necessary, should circumstances change. Attachment 5 WENDELL Golf Cart Registration Packet Thoroughly reading the attached information packet will provide the owner with the background needed to both understand and complete the golf cart registration process. Included in this packet is a checklist to assist in the registration of your golf cart along with all needed forms. Also enclosed is a copy of the ordinance that provides for the proper operation of golf carts within Town. Registration will allow operation of the cart on most streets and roadways within the Town. NOTE: Low Speed Vehicles as defined by and registered with the North Carolina Department of Motor Vehicles are NOT subject to this process. These vehicles are allowed to operate on the streets and roadways pursuant to North Carolina General Statute 20-121.1 Checklist: ❑ Download application packet containing Registration Form, Liability Waiver, Inspection Form and Ordinance ❑ Review and Complete Forms ❑ Pay registration fee at Town Hall and obtain copy of receipt. ❑ Contact Wendell Police Department to schedule an inspection (appt. may be scheduled by calling between 8:00-12:30 and 1:30-5:00). Inspections will be performed at the Police Department Monday thru Friday, excluding holidays. ❑ Assemble a packet that contains proof of ownership, liability insurance and a completed waiver of liability. This packet must be in the golf cart at all times while in operation on public roads. ❑ Bring registration packet, receipt of registration payment, and other required documentation to scheduled inspection along with golf cart. Note: If cart is not yet registered, it cannot be driven to the Police Department. ❑ Inspector reviews documentation and conducts inspection. ❑ Obtain permit after inspection. If the cart does not pass registration one re -inspection may occur within 30 days, otherwise the application is voided with no refund of fees. GC-1 (8-9-16) WENDELL Golf Cart Registration Form (Please Print in Blue or Black Ink) Owner's Full Name: Owner's Driver's License Number: State: Owner's Physical Address: City: State: Zip: Owner's Mailing Address: City State: Zip: Telephone Number: Daytime: ( ) Make of Golf Cart: Color of Golf Cart: Nighttime : ( ) Serial Number/VIN of Golf Cart: Insurance Certification Year Made Under penalties of perjury, I declare this vehicle is insured with the company named below and I will maintain liability insurance throughout the registration period. Name of Insurance Company and Policy Number (Attach Proof of Insurance for Golf Cart) By signing this application below, the applicant acknowledges that he/she has read and understands the provisions of the Town of Wendell Code of Ordinances as it pertains to operation of golf carts and agrees to abide by all rules and regulations governing the operation of his/her golf cart. The applicant furthermore acknowledges and accepts that registration of the golf cart is non -transferable between owners. If an individual owning a golf cart currently registered by the Town of Wendell disposes of that cart and purchases a new one during the registration period, the new golf cart registration shall be subject to all requirements of the ordinance, completion of all forms contained in the packet, and payment of a transfer fee of $20.00. New registration stickers shall be issued in these circumstances. Owner's Signature Date For Town's Use Only Approved By Town of Wendell Police Officer (Print Name): Permit Number: Date Issued: GC-2 (3-22-17) Signature ENDELL Golf Cart Liability Waiver I acknowledge that I have read, understand and agree to abide by the Wendell Code of Ordinances Chapter 24 Article V as it pertains to Golf Cart registration and operation in the Town of Wendell. I agree that I will obey all the rules and regulations set forth by the Town of Wendell concerning the operation of a golf cart within town limits. Furthermore, I have paid the registration fee for the cart and agree to additional assessments as may be required in support of this ordinance I acknowledge that I will assume all liability, and am fully responsible for the operation of the golf cart on the streets and roads in the Town of Wendell. I also acknowledge that the Town of Wendell, in providing this privilege, is in no way endorsing the operation of this cart on the streets and roads, and does not and will not assume any liability associated with the operation of the cart. I agree to indemnify and hold harmless the Town of Wendell for any and all liability arising from the use of this golf car/cart. I also understand that the Town of Wendell's interpretation of all the rules and regulations associated with the use of Golf Carts on its streets and roadways are final. Finally, I agree to insure that the permit sticker will remain attached to the driver's side of the cart at all times unless and until the cart is sold or otherwise permanently inoperable. If either of the two issues arises, the sticker will be removed and destroyed. I acknowledge and accept that registration of the golf cart is non -transferable between owners. If an individual owning a golf cart currently registered by the Town of Wendell disposes of that cart and purchases a new one during the registration period, the new golf cart registration shall be subject to all requirements of the ordinance, completion of all forms contained in the packet, and payment of a transfer fee of $20.00. New registration stickers shall be issued in these circumstances. Owner' s Printed Full Name as it appears on the Registration Form Permit Number: (To be provided by issuing official ) Owner's Signature Date GC-3 (3-22-17) WENDELL Town of Wendell Code of Ordinances Chapter 24 Article V Golf Cart Related Ordinances SECTION 1. NOW, THEREFORE BE IT ORDAINED by the Town Board of the Town of Wendell, North Carolina that Chapter 24 of the Wendell Code of Ordinances be amended to provide clear definition and guidance to ensure the safe operation of golf carts within the Town and to more specifically read as follows: Section 132-149. - Reserved Article V Sec. 150 — Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: GOLF CART means a motor vehicle having not less than four wheels in contact with the ground and unmanned weight less than 1,300 pounds which is designed to be operated at not more than 20 miles per hour and is designed to carry golf equipment. This does not include vehicles known as all -terrain vehicles (ATVs), Utility Task Vehicles (UTVS) or go-carts. LOW SPEED VEHICLE means a four -wheeled electric vehicle whose top speed is greater than 20 miles per hour but less than 25 miles per hour. OPERATOR means a person having a valid North Carolina non -provisional driver's license (or a recognized similar valid license from another state) who is driving the golf cart and has full control of its operation and passengers. State Law reference § 20-4.01. Definitions. Sec. 151— Low Speed Vehicle Low Speed Vehicles, as defined under North Carolina General Statute 20-4.01 and as equipped and regulated under North Carolina General Statute 20-121.1 shall be operated under the applicable state statutes and shall not be subject to this ordinance State Law reference § 20-4.01. Definitions and 20-121.1. GC-4 (7-25-16) 1 WENDELL Town of Wendell Code of Ordinances Chapter 24 Article V Golf Cart Related Ordinances Sec. 152 - Golf Cart Equipment Golf Carts approved for operation under this ordinance must be the size and shape that conforms to industry standards for manufactured golf carts. Additionally, the golf cart must be equipped with the following: (a) Identification or serial number, (b) An unobstructed rear-view mirror and left side mirror, or a wide angle cross bar rear- view mirror, (c) Operating headlight(s) on the front of the golf cart and operating tail light(s) on the back of the golf cart. All lights must be visible from a distance of 500 feet, and (d) Golf carts may have "lift kits" but no golf cart may be more than 22" high measured from the ground to the floorboard of the cart. State Law reference § 160A-300.6 Sec. 153 — Insurance Requirements Every golf cart operated under this ordinance shall have in full force and effect, valid liability insurance sufficient to cover the risk involved in using a golf cart on the public streets and roadways. Valid liability coverage is that which is defined in North Carolina General Statute 20-279.21(b) as the minimum required. State Law reference § 160A-300.6 Sec.154 — Liability Golf carts are not designed or manufactured to be used on public streets and the town in no way advocates or endorses their operation on public streets and roadways. The town, by regulating such operation, is trying to address safety issues, and adoption of this section is not to be relied upon as a determination that operating on public streets and roadways is safe or advisable if done in accordance with this section. All persons who operate or ride upon golf carts on public streets do so at their own risk and peril, and must be observant of and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists and pedestrians. GC-4 (7-25-16) 2 WENDELL Town of Wendell Code of Ordinances Chapter 24 Article V Golf Cart Related Ordinances The town has no liability under any theory of liability and the town assumes no liability for permitting golf carts to be operated on public streets and roadways. State Law reference § 160A-300.6 Sec. 155 — Registration Operators of golf carts operated under this ordinance must have a valid registration decal issued by the Town of Wendell prior to operating on the roads. This registration decal must be obtained by the owner through submittal of a golf cart registration, a valid North Carolina Driver's License, proof of ownership and liability insurance and a waiver of liability to the Wendell Police department who will then schedule an inspection of the golf cart. The cost for the registration shall be $100.00 and will be payable to the Town at the time of registration. The registration shall be valid for no more than one year and is to be renewed annually at which time the owner shall submit the above documents and shall schedule the vehicle for a subsequent inspection. All renewals shall occur in the same month of the calendar year. Registration fees shall not be prorated. (a)The registration decal must be displayed on the lower left corner of the windshield (driver's side) or, in the absence of the windshield, the left front fender so as to be easily visible by law enforcement personnel. (b)Lost or Stolen Registration decals are the responsibility of the owner and must be replaced before the golf cart is operated on a public road. The cost of a replacement shall be $20.00. State Law reference § 160A-300. Sec. 156 - Inspection. No golf cart may be operated on any street or highway in the town without first passing an inspection which will be conducted prior to the issuance of a town registration decal. Furthermore, no registration decal will be issued until the operator presents proof that the golf cart is fully insured, and the operator has a valid North Carolina driver's license or recognized valid driver's license from another state. GC-4 (7-25-16) 3 WENDELL Town of Wendell Code of Ordinances Chapter 24 Article V Golf Cart Related Ordinances To pass the inspection for the town and to obtain a golf cart permit, the golf cart must have the following: (a) Operational headlight(s) and tail light(s); (b) Rubber or equivalent tires; (c) Operational steering gear, brakes, emergency or parking brake, rear-view mirror, adequately affixed driver seat(s); (d) Other requirements as set forth in Article V of this Section must be complied with. State Law reference § 160A-300. Sec. 157 - Operation. The following restrictions limiting the operation of golf carts in the town shall apply: (1) Golf cart transportation is limited to those streets and highways within the town limits which have a posted speed limit of 35 miles per hour or less except as noted: (a) Golf carts may not be operated on the following streets or roadways regardless of the speed limit: (1) Any portion of Wendell Blvd. (2) Any portion of US 231 (S. Selma Rd.) (3) Any portion of Wendell Falls Parkway. (b) Golf carts may cross a road with a posted speed limit greater than 35 mph or one of the streets or roadways listed above. Golf carts must cross in a manner that is the most direct route in order to decrease crossing distance, i.e. no riding along a road or crossing at an angle. (2) Golf carts must be operated at the right edge of the roadway unless lane usage is necessary to make turns or travel through intersections. (3) Golf Carts must yield to all vehicular and pedestrian traffic. GC-4 (7-25-16) 4 WENDELL Town of Wendell Code of Ordinances Chapter 24 Article V Golf Cart Related Ordinances (4) Golf carts must be parked in accordance with the laws and ordinances which apply to any parked vehicle in the town. (5) Golf carts are prohibited from traveling upon or parking on any sidewalk or multi -purpose path within the town. (6) Any person who operates a golf cart on public streets and roads must adhere to all applicable State and local laws, regulations and ordinances, including but not limited to those banning the possession and use of alcoholic beverages, and all other illegal drugs. In addition, no golf cart containing any open container of alcohol shall be operated on public roads. (7) The operator of the golf cart shall comply with all traffic rules and regulations adopted by the State of North Carolina and the Town which governs the operation of motor vehicles. (8) In no instance shall a golf cart be operated at a speed greater than 20 miles per hour. No golf cart may be operated at a speed greater than reasonable and prudent for the existing conditions. (9) Golf carts are required to follow the rules and regulations of any other vehicle during special events and are not permitted to enter special event areas unless the golf cart is a part of the event and approved by the Chief of Police. (10) No person shall operate a golf cart on a public street or highway in the town unless said person has a valid non -provisional North Carolina driver's license or a valid similar recognized, out-of-state license in accordance with North Carolina General Statute § 20-7. Golf cart operators must carry their driver's license on their person at all times while operating a golf cart on public roads. (11) Only the number of people the golf cart is designed to seat may ride on a golf cart. Additionally, passengers shall not be carried on the part of a golf cart designed to carry golf bags. (12) Operators of Golf Carts are required to ensure that all occupants under the age of 18 are secured within the golf cart through the use of an appropriate passenger restraint system. (13)Each golf cart owner must have proof of ownership, liability insurance and a completed waiver of liability releasing the Town from liability that may arise as a result of operation of a golf cart inside the Town. These documents must be in the golf cart at all times while in operation on public roads. GC-4 (7-25-16) 5 WENDELL Town of Wendell Code of Ordinances Chapter 24 Article V Golf Cart Related Ordinances (14) If mechanical front and rear turn signal indicators are not installed on the golf cart, then hand signals are required for turns and stops. (15) The operator of the golf cart is mandated to use the headlight(s) and taillight(s), as defined in Section 152 of this article whenever the vehicle is operated during the period from dusk until dawn so as to maximize its visibility. (16) Golf carts shall not be operated during inclement weather or when visibility is impaired by weather, smoke, fog or other conditions; State Law reference § 160A-300.6 Sec.158 — Violations Any operator of a golf cart in violation of either this Section or the motor vehicle laws of the State of North Carolina shall be charged the same as any other driver of any registered vehicle in the state. Sec.159 — Penalties Violations of this Section or the motor vehicle laws of the State of North Carolina shall result in fines and penalties as described in this section for similar violations made with registered vehicles or in the case of violations of the motor vehicle laws of the State of North Carolina, the penalties shall be the same as those set by applicable state statute. Additionally, violation of either this Section or the motor vehicle laws of the State of North Carolina through a particular registered golf cart may be grounds for the inability to renew the registration which shall be at the discretion of the Chief of Police. Disclaimer: This ordinance, upon approval by the Town Board, shall be applicable to all persons who register and operate golf carts within the corporate limits of the Town of Wendell, until such time that the ordinance is altered, modified, or rescinded by the Town Board. GC-4 (7-25-16) 6 Owner Name: WENDELL Golf Cart Inspection Form Owner Address: Golf Cart Make: Owner Phone #: Golf Cart Serial/VIN#: Inspection Item Pass Fail Comments Registration Paid Receipt • New/Renewal (100.00) Lost/Stolen/Same Owner Transfer ($20.00) • Rcpt# Valid Driver's License for Registered Owner In Force Liability Insurance Signed Waiver Form Headlight (s) visible from 500 feet, all operational. Tail light (s) visible from 500 feet, all operational Rear view mirror and left side mirror/ or wide angle cross bar rearview mirror No more than 22 inches high to the floor Rubber/equivalent tires Steering Brakes Emergency/Parking Brake Affixed Seat(s) Passenger Restraint System (if applicable) I certify that I have conducted an inspection of the above referenced vehicle and that the conditions of the inspection items are accurately reported: Inspector's Printed Name Inspector's Signature GC-5 (3-22-17) Inspection Date Permit Number Attachment 6 DRAFT CAPE CANAVERAL CITY COUNCIL REGULAR MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday July 19, 2022 6:00 p.m. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:05 p.m. Council Member Kim Davis led the Pledge of Allegiance. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Mayor Council Member Council Member Kim Davis Mickie Kellum (via webinar) Wes Morrison Angela Raymond (via phone; call dropped approximately 7:08 p.m.) Don Willis Others Present: City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community and Economic Development Director Deputy City Clerk Executive Assistant to the City Manager/Office Manager Leisure Services/Community Affairs Director Public Works Services Director Brevard County Sheriff's Office Commander Brevard County Sheriffs Office Lieutenant Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff Dave Dickey Daniel LeFever Lisa Day Molly Thomas Jim Moore Byron Keck Scott Molyneaux PUBLIC PARTICIPATION: City residents and/or property owners, Cassie Farrell, William Hodge, Sarah Hodge, Bruce Robertson, Jay Petty, Hugh Coleman, Gwendolyn Hagar, and Patrick Campbell, discussed opposition to the Florida Department of Transportation (FDOT) State Road A1A Roundabout project, placing the issue on the ballot, and a call for City Council and Management to take a position on the matter by resolution. Peg S. Schaller, resident and business owner, discussed desire for Council to reduce the number of parking spaces for businesses in the City Code and why. Ginny Dirschka, property owner, distributed a handout (attached) to the City Council and discussed opposition to Agenda Item 17, Specimen Tree Removal at Canaveral City Park. Mayor Morrison stated a majority of citizens in the City oppose the FDOT Roundabout, personal opposition to the Roundabout, and urged Council to direct City Attorney Garganese to draft a resolution for future consideration. Discussion ensued and included debate over FDOT's timeline to receive feedback from citizens, opposition to voting on the issue before more feedback is City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 2 of 7 received, where citizen support for the Project is, FDOT's condominium and homeowner association outreach, two requests from groups interested in meeting with FDOT in the Fall, and FDOT District 5 Staff efforts to set up additional meetings. City Manager Morley confirmed FDOT's 1 to 2-year timeline was verbally communicated to him during a meeting. At approximately 7:08 p.m., Executive Assistant to the City Manager Day indicated Council Member Raymond dropped off the phone call but would continue to try connecting. Discussion continued regarding whether Council should take a position on the Roundabout now or wait for more citizen feedback, whether part-time/seasonal residents opinions matter or not, possible compromise with FDOT, desire to have FDOT provide an updated report to the Council, whether or not FDOT desires to know what Council's position on the issue of a Roundabout is, desire to move on because the topic appears later on the Agenda, and drafting a resolution versus ballot referendum by citizen initiative. A motion was made by Mayor Morrison, seconded by Mayor Pro Tem Kellum, to direct the City Attorney to draft a revised resolution for State Road A1A. Discussion ensued regarding desire for an updated report from FDOT, desire to wait until Council receives FDOT's report before directing Staff to draft paperwork, and clarification on the motion to revise the Resolution. Council reached consensus to invite FDOT to provide a report at the August City Council Meeting. The motion carried 3-1, with Council Member Davis voting against and Council Member Raymond absent. Discussion ensued and included Mayor Morrison's desire to save the Specimen Oak Tree at Canaveral City Park and Council's unanimous vote at the June City Council Meeting to allow City Manager Morley to make the final decision. Council Member Willis apologized to City Manager Morley for having put him in the position to make the final decision, that by City Code, was the Council's responsibility. BUDGETARY ITEM (PUBLIC HEARING): 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: Mayor Morrison read the title into the record. City Manager Morley discussed the Tentative Proposed Millage rate, subsequent adjustments must be at a lower rate, the Truth in Millage Notice (TRIM) process, and the total millage rate of 3.5596 mills provides for a balanced Budget with employee compensation and Council projects. Discussion ensued and included a two-thirds majority vote of Council present required to pass the Resolution, and how adoption meets the deadline for property owners to receive the TRIM Notice in the mail. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Resolution No. 2022-14, as written. Discussion ensued and included last year's Tentative Proposed Millage rate, how the rate is calculated, further rate reductions could result in $500,000 being cut from the proposed Budget, complexity of the State's TRIM process and computation, opposition to the motion on the floor, desire to go below rollback versus unknown long-term effects of the action, loss of grants that have been approved, examining potential cuts to the proposed Budget over the next thirty days, delaying the vote could result in the City not being able to pay bills on time, and desire to see multiple proposed Budgets based on different tax rates. The Public Hearing was opened. Patrick Campbell, resident, inquired about the comment regarding the City not being able to pay bills on time. Financial Services Director DeLeo explained the City receives the bulk of tax revenue in December and January and how it would be difficult to predict how much money the City would have in the bank should those tax dollars be delayed. The Public Hearing was closed. Discussion continued regarding desire for additional Budget Workshops before the millage rate is set, whether to adopt the City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 3 of 7 Resolution as written, and assessed taxable value versus taxable rate on homesteaded property. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. Mayor Morrison recessed the meeting at 8:04 p.m. The meeting reconvened at 8:16 p.m. OLD BUSINESS: 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: City Manager Morley explained the Item, and the deliverable in January should Council approve the Study. Discussion ensued and included whether the same service could be provided sooner by another firm and the typical lead-time of thirty days once an agreement is executed. Community and Economic Development Director Dickey explained Kimley-Horn and Associates, Inc. (Kimley-Horn) was chosen from the City's Consultant's Competitive Negotiations Act (CCNA) Continuing Consulting and Professional Services list based on the firm's familiarity with City streets and their work on the Presidential Streets Master Plan, how the economy has impacted services of engineering firms in general, and Staff could request Kimley-Horn expedite if Council approves the Study. Discussion ensued and included using American Rescue Plan Act (ARPA) funds, the impacts of the long deliverable time with a possible new Council that could vote the opposite way later, revenue for the City versus the expense to enforce the law, opportunity to use electric vehicles and commuting at a lower cost, this expenditure being similar in risk as the City's failed parking meter ordinance, passing the Ordinance before completing the Study, and the pros and cons of the Item even if the Study is shelved. City Attorney Garganese discussed how the enabling Ordinance is structured to include a Study, the Ordinance puts Council in a position to be ready, and a resolution would allow the City to proceed after that. Discussion continued regarding potential Golf Cart Ordinance implementation issue including payment terms, designating certain areas on State Road A1A as cross-overs, licensed low -speed vehicles, and fairness of not allowing either type vehicles to operate in the City at all. City Manager Morley suggested bringing both the Ordinance and this Item back at the August City Council Meeting. Discussion continued regarding whether to approve the Study or wait until August with the second reading of Ordinance No. 04-2022. Shannon Roberts, resident, discussed safety concerns regarding the community in the area of Shorewood Drive and North Atlantic Avenue, private roads, thanked Council for the Study and expressed interest in seeing a presentation. Community and Economic Development Director Dickey confirmed Council will receive a presentation regarding results of the Study. Council reached consensus for Staff to bring the Proposal Item and Ordinance No. 04-2022 back for second reading at the City Council Regular Meeting of August 16, 2022. 3. Rising Rents. (Submitted by Council Member Raymond): Council reached consensus to bring the Item back at the City Council Regular Meeting in August under Old Business. CONSENT AGENDA: Mayor Morrison removed Item 5. 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. City of Cape Canaveral, Florida City Council Regular Meeting • July 19, 2022 Minutes • Page 4 of 7 DRAFT A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Item 4. The motion carried 4-0, with Council Member Raymond absent. #5 Discussion ensued and included whether Tetra Tech is the only firm that can perform the task order, the CCNA process, why the City is not using Ovivo's proprietary engineering design and construction plans, retro-fit versus replacement, possible alternative improvements before engineering plans are prepared to be competitively bid, Mayor Morrison's idea to do an entirely new design/build project for the WRF, and ARPA funding is available. City Attorney Garganese explained to Mayor Morrison the competitive bid process for CCNA for which Tetra Tech has already gone through and the City chose, and further explained Tetra Tech will do an evaluation, after which Staff will determine acceptability for Tetra Tech to perform bid services. A motion was made by Council Member Willis, seconded by Council Member Davis, to approve the Agenda Item for Tetra Tech. Patrick Campbell, resident, discussed support for going out to bid. Discussion ensued and included whether it was possible to go back to the original sole source option at this point and being past the point of no return due to the impacts of public comments, discussion and decisions made at previous meeting related to the sole source option. City Attorney Garganese advised Council follow Staff recommendation. Discussion continued regarding Ovivo, delay if it were to go out for bid, weekly cost for temporary fix, and safety issues. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the meeting twenty minutes. The motion carried 4-0, with Council Member Raymond absent. Discussion ensued regarding how to move forward, Council trust in Staff, and the need to look at the process in the future. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. PUBLIC HEARING: 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 Attorney Garganese read the title into the record, explained the Item, and discussed the annual review which Council can decided to suspend or reduce based on the schedule of rates and the term periodic evaluation which gives flexibility to do everything except raise rates above the Schedule of Fees. Discussion ensued and included how best to conduct the annual review of the rate schedule, Consultant Raftelis' fee of $250-$300 per hour, and City Manager Morley's recommendation to trust Staff to conduct the annual review in-house which would save the cost of the consultant fee. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to extend the meeting to 10:30 p.m. The motion carried 4-0, with Council Member Raymond absent. Discussion continued regarding how rates were not increased in fiscal year 2021/2022 and this is a 7.5% increase. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 16-2022, as written and allow Staff to conduct the Annual Review. Discussion ensued regarding the motion. City Attorney Garganese confirmed the motion would not require any changes to the Ordinance. The Public Hearing was opened. There being no comment, the Public Hearing was closed. The motion carried 3-1, with Mayor Morrison voting against and Council Member Raymond absent. Discussion ensued regarding thirteen years' worth of historical data regarding sewer rates revenue. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 5 of 7 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: City Attorney Garganese explained there would be one public hearing for the Phase III Ordinances of this rezoning plan, and read the titles into the record. City Manager Morley explained the Item and stated there were no objections from any property owners for this and the following Ordinances. The Public Hearing was opened. There being no comment, Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis to adopt Ordinance No. 06-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 07-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Mayor Pro Tem Kellum, to extend the meeting to 11:00 p.m. The motion carried 4-0, with Council Member Raymond absent. 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 08-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Willis, to adopt Ordinance No. 09-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 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 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes • Page 6 of 7 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 10-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 11-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 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 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to adopt Ordinance No. 12-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 13-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. 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 City of Cape Canaveral, Florida DRAFT City Council Regular Meeting • July 19, 2022 Minutes• Page 7 of 7 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: City Attorney Garganese read the titles into the record. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Davis, seconded by Council Member Willis, to adopt Ordinance No. 14-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. A motion was made by Council Member Willis, seconded by Council Member Davis, to adopt Ordinance No. 15-2022, at first reading. The motion carried 4-0, with Council Member Raymond absent. ITEM FOR ACTION: 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: City Manager Morley explained the Item. City Attorney Garganese advised on the procedure and recommendation before Council. A motion was made by Mayor Pro Tem Kellum, seconded by Council Member Davis, to accept the Special Magistrate's Report and Recommendation regarding the lien and denying the reduction. The motion carried 4-0, with Council Member Raymond absent. ITEM FOR DISCUSSION: 13. Options to accomplish shorter more effective meetings while accommodating time for council to speak to each other. (Submitted by Mayor Pro Tem Kellum): Mayor Pro Tem Kellum explained the Item. Discussion ensued and included support for shorter meetings, the negative effects of long meetings on Council, Staff and attendees, directing Staff to research the issue and whether/when to schedule one workshop meeting or more. City Manager Morley suggested waiting until Tuesday, September 6, 2022 which would give Staff and Council Members time to conduct research. Council reached consensus to schedule a City Council Workshop Meeting on Tuesday, September 6, 2022 at 5:00 p.m. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 10:58 p.m. Wes Morrison, Mayor Mia Goforth, City Clerk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM #10b Subject: Provide direction to Staff on the Proposal from Kimley-Horn and Associates, Inc. (KH) 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. At its July 19, 2022 Regular Meeting, the Council further discussed this item. The City Attorney pointed out that Ordinance No. 04-2022 is an enabling ordinance and is structured to include a Study, which together will put the Council is a position to implement the proposed golf cart program. The Council reached consensus for Staff to bring the KH proposal item and Ordinance No. 04-2022 back for second reading at their August 16, 2022 Regular Meeting. The Proposal fee is $28,500 with an anticipated completion date of December 1, 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. Submitting Department Director: David Dickey Date: 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: 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: 8/9/22 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 $28,500 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due within 25 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our Proposal shall include and be subject to, the Master Agreement for Engineering, Surveying, Architectural, Planning and Consulting Services dated June 6, 2011, which are incorporated by reference. As used in the Agreement, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to City of Cape Canaveral. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please include the invoice number and Kimley-Horn project number with all payments. Please provide the following information: kimley-horn.com 1777 Main Street, Suite 200, Sarasota, FL 34236 941 379 7600 Kimley>»Horn Please email all invoices to invoices(7a cityofcapecanaveral.orq Mr. Todd Morley Page 5 Please copy t.morlev cr citvofcapecanaveral.orq If you want us to proceed with the services, please have an authorized person sign this Agreement below and return to us. We will commence services only after we have received a fully -executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supply this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Very truly yours, M. Colleen McGue, AICP Senior Planner B. Kelley Kleppe , AICP Vice President MGMIBKKlba (G:\Marketing\Prwpo$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 kirmley -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 Property 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 Consultant's 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 Consultant's 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 Client's 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 Consultant's 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 remediator with 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 Consultant's 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 • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 11 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, second 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, second 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 11 (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 (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 (Ordinance No. 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. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 11 Page 2 of 3 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 parcels are 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 s are built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcels are 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. 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 City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 11 Page 3 of 3 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. At its July 19, 2022 Regular Meeting, City Council approved Ordinance Nos. 06-2022 and 07-2022 at first reading and the Ordinances are now presented for second reading and final adoption. Submitting Department Director: David Dickey Attachments: 1. Ordinance No. 06-2022 w/Exhibit "A" 2. Ordinance No. 07-2022 w/Exhibit "A" Financial Impact: Cost of advertising and recording; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 06-2022 on second reading; and 2. Adopt Ordinance No. 07-2022 on second reading. Approved by City Manager: Todd Morley 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 Townhomes Gizella Townhomes 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 16th day of 83 August, 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: August 16, 2022 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 SOUTHGATE MOBILE HOMES Legend ROADWAYS ANCHORAGE AVE (RAO) Oak Ln W N 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 16th day of 13 August, 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: August 16, 2022 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 SOUTHGATE MOBILE HOMES Legend ROADWAYS ANCHORAGE AVE (RAO) Oak Ln W N E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 12 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, second reading, second 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, second 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 (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 City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 12 Page 2 of 3 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 No. 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 s are 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 parcels are built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcels are 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 • August 16, 2022 Agenda Item # 12 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. At its July 19, 2022 Regular Meeting, City Council approved Ordinance Nos. 08-2022 and 09-2022 at first reading and the Ordinances are now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: Attachments: 1. Ordinance No. 08-2022 w/Exhibit "A" 2. Ordinance No. 09-2022 w/Exhibit "A" Financial Impact: Cost of advertising and recording; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 08-2022 on second reading; and 2. Adopt Ordinance No. 09-2022 on second reading. Approved by City Manager: Todd Morley Date: 8/8/22 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 (FKAA 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 16th day of 84 August, 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: August 16, 2022 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 Oak Ln Ocean Garden Ln OCEAN GARDEN LN Legend ROADWAYS BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS) W N E S 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 16th day of 14 August, 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: August 16, 2022 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 Oak Ln Ocean Garden Ln OCEAN GARDEN LN Legend ROADWAYS BAKERSFIELD SUBDIVISION (FKA: OCEAN GARDENS) N W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 13 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, second 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, second 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 (Ordinance No. 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. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 13 Page 2 of 3 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 s are 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 parcels are built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcels are 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. 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 City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 13 Page 3 of 3 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. At its July 19, 2022 Regular Meeting, City Council approved Ordinance Nos. 10-2022 and 11-2022 at first reading and the Ordinances are now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: Attachments: 1. Ordinance No. 10-2022 w/Exhibit "A" 2. Ordinance No. 11-2022 w/Exhibit "A" Financial Impact: Cost of advertising and recording; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 10-2022 on second reading; and 2. Adopt Ordinance No. 11-2022 on second reading. Approved by City Manager: Todd Morley Date: 8/8/22 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 16th day of 83 August, 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: August 16, 2022 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 OAK MANOR DR Ocean Woods Blvd OCEAN WOODS BLVD N. Atlantic Ave N. ATLANTIC AVE Legend ROADWAYS GIZELLA TOWNHOMES E Central Blvd CENTRAL BLVD E N W E S 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 16th day of 13 August, 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: August 16, 2022 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 OAK MANOR DR N. Atlantic Ave N. ATLANTIC AVE Clara Elizabeth Ln CLARA ELIZABETH LN Ocean Woods Ln OCEAN WOODS LN Maple Ct MAPLE CT E Central Blvd CENTRAL BLVD E Legend ROADWAYS GIZELLA TOWNHOMES N W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 14 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, second 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, second 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 in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 14 Page 2 of 3 (Ordinance No. 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 s are 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 parcels are built -out, this analysis is not provided. 4. That the proposed amendment discourages the proliferation of urban sprawl. The subject parcel s are 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 • August 16, 2022 Agenda Item # 14 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. At its July 19, 2022 Regular Meeting, City Council approved Ordinance Nos. 12-2022 and 13-2022 at first reading and the Ordinances are now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: Attachments: 1. Ordinance No. 12-2022 w/Exhibit "A" 2. Ordinance No. 13-2022 w/Exhibit "A" Financial Impact: Cost of advertising and recording; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 12-2022 on second reading; and 2. Adopt Ordinance No. 13-2022 on second reading. Approved by City Manager: Todd Morley Date: 8/8/22 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 16th day of 83 August, 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: August 16, 2022 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 N. ATLANTIC AVE Harbor Dr HARBOR DR Sea Shell Ln Legend ROADWAYS HARBOR HEIGHTS TOWNHOUSES Clara Elizabeth Ln CLARA ELIZABETH LN N W E 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 16th day of 14 August, 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: August 16, 2022 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 N. Atlantic Ave N. ATLANTIC AVE Harbor Dr HARBOR DR Clara Elizabeth Ln CLARA ELIZABETH LN Sea Shell Ln Legend ROADWAYS HARBOR HEIGHTS TOWNHOUSES N W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 15 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, second 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, second 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 in many situations, incompatible uses were located adjacent to one -another. This changed in 2016 City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 15 Page 2 of 3 (Ordinance No. 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 s are 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 parcels are 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 • August 16, 2022 Agenda Item # 15 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. At its July 19, 2022 Regular Meeting, City Council approved Ordinance Nos. 14-2022 and 15-2022 at first reading and the Ordinances are now presented for second reading and final adoption. Submitting Department Director: David Dickey Date: Attachments: 1. Ordinance No. 14-2022 w/Exhibit "A" 2. Ordinance No. 15-2022 w/Exhibit "A" Financial Impact: Cost of advertising and recording; Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: 1. Adopt Ordinance No. 14-2022 on second reading; and 2. Adopt Ordinance No. 15-2022 on second reading. Approved by City Manager: Todd Morley Date: 8/9/22 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 16th day of 83 August, 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: August 16, 2022 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 Clara Elizabeth Ln N W E S Brevard 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 16th day of 13 August, 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: August 16, 2022 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 Harbor Dr Legend ROADWAYS N ATLANTIC AVE & SEA SHELL LN Clara Elizabeth Ln N W E S Brevard County, Esri, HERE, Garmin, GeoTechnologies, Inc., USGS, EPA, USDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 16 Subject: Resolution No. 2022-15; providing for the division of vacant land owned by Mike and Collette DiChristopher, husband and wife, and located at the eastern terminus of East Central Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (Existing Parcel IDs 24-37-14-51-9-21.01 and 24-37-14-51-9-21.02) into two (2) lots of record for development purposes; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Community and Economic Development Summary: The applicant is requesting formal approval of a Lot Split to lawfully create two parcels located at the eastern terminus of East Central Boulevard, where it connects with Ridgewood Avenue (Parcels #24-37-14-51-9-21.01 and 24-37-14-51-9-21.02) (see Attachment 1). The property is .39 acres and is zoned R-1. Parcel 1 (northern parcel) would be .21 acres, while Parcel 2 (southern parcel) would be .18 acres. In April of 1979, with the adoption of Ordinance No. 3-79, the City rezoned the subject parcel as well as approximately forty (40) other parcels in the immediate area from R-2 to R-1. According to the minutes of the April 3, 1979 Meeting (Attachment 2), the Council discussed the need for more R-1 zoning in the City, and the area south of Harbor Heights would be compatible with R-1 zoning. The current owner (Mike DiChristopher) purchased the property in July of 2018 via General Warranty Deed, which listed the two parcels (21.01 and 21.02). When Mr. DiChristopher approached the City regarding the development on the parcels, Staff determined that the parcels had not been subdivided consistent with City subdivision requirements. Sec. 98-66 of City Code requires that when a parent tract is divided into exactly two or more parcels, an owner must submit an application for a lot split. According to City records, this did not occur. Staff surmised that a previous owner had created the two parcels that are the subject of this request. This situation underscores the unfortunate fact that a property owner is able to record a deed with the Brevard Clerk of Courts subdividing their lots without the knowledge or approval of the City. The tax collector and property appraiser control the conveyance of real property and the issuance of tax parcel identification numbers, while cities and counties control the subdivision of land within their respective jurisdictions for development permit purposes. Furthermore, despite requests, the clerk of the court, tax collector and property appraiser do not verify whether a subdivision of land (except for a plat) has been approved by a host city (or county) before the deed is recorded and the parcels are redefined for their respective purposes. This poses a significant challenge for cities and counties from a development permit perspective because cities and counties are not able to manage all aspects of the division of land within their jurisdiction. Cities and counties cannot prohibit a property owner from recording a deed or prohibit the Clerk of Court from recording the deed. As is the case currently before the Council, the City has to deal with the aftermath of the unauthorized subdivision of land when they first learn about it, after -the -fact at the time a property owner later approaches to the city or county seeking a development permit. In some cases, the property owner seeking the permit is an innocent third party that, like the city or county, had no idea that the previous property owner subdivided the land City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 16 Page 2 of 3 without the proper approval of the city or county and that there is a now a problem with issuing a development permit. The City of Cape Canaveral subdivision code has always technically required the division of land into two or more parcels to be platted. This requirement is more restrictive than the Florida Statutes which only requires a plat when the division of land involves the creation of three or more parcels. In 2010, the City adopted an exception to the City's platting ordinance consistent with Florida Statutes to permit "lot splits," which are generally a division of land into no more than two parcels. Lot splits are adopted by the City Council by resolution rather than a plat. Notwithstanding, some property owners in Cape Canaveral, prior to 2010, apparently subdivided their land by recording deeds with the Clerk of the Court without notifying the City and following the City's subdivision requirements as Staff has not been able to find any records indicating these divisions of land were authorized by the City. For this reason, Staff is processing this request as an "after -the -fact" lot split application to review the recorded parcels against City subdivision and zonings requirements, and to formally recognize the parcels for City development permit purposes. The Code establishes the following criteria (Sec. 98-66(b)(4)) that must be considered as part of the review: 1. The proposed lot split shall in every respect meet the criteria established elsewhere in this chapter and the city code for the category of zoning and other relevant codes and applicable law under which the property is zoned. The proposed lot split meets applicable rules and is consistent with City zoning regulations. 2. The application is consistent with the city's comprehensive plan. The application is consistent with the applicable sections of the city's comprehensive plan. 3. The application does not create any lots, tracts of land or developments that do not conform to the City Code. The proposed lots are consistent with applicable Code sections. 4. The application provides for proper ingress and egress to all affected properties through a public or approved private street or perpetual cross access easements. Each of the proposed lots have proper access from either Ridgewood Avenue or W. Central Avenue. 5. The application is compatible and in harmony with the surrounding neighborhood including with respect to the size of existing surrounding lots and development trends in the neighborhood which have been previously approved by the city council. The surrounding area is characterized by single and multi -family residential development. The size of the proposed lots are consistent with existing lots in the immediate area. Zoning surrounding the subject parcel is: R-1 to the north, south and west; and R-3 to the east. 6. The application does not create burdensome congestion on the streets and highways. The proposed lot split will not have an adverse impact on the local road network. 7. The application promotes the orderly layout and use of land. The proposed lot split will facilitate uses consistent with the surrounding area. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 16 Page 3 of 3 8. The application provides for adequate light and air. The proposed lot split will not have an adverse impact on the provision of adequate light and air to neighboring properties. 9. The application does not create overcrowding of land. The proposed lot split is consistent with applicable density standards as contained in city code. 10. The application does not pose any significant harm to the adequate and economical provision of water, sewer, and other public services. Development associated with the proposed lot split will be required to apply for and receive approval through the city concurrency process. At its August 3, 2022 Meeting, the Planning and Zoning Board recommended approval of Resolution No. 2022-15 (Attachment 3). It is now presented to the Council for its consideration and action. Submitting Department Director: David Dickey Date: Attachments: 1. Application 2. City Council Meeting Minutes — April 3, 1979 3. Resolution No. 2022-15 with Exhibit "A" Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action(s): Adopt Resolution No. 2022-15. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 Kevin P. Markey Professional Limited Liability Company Attorney at Lazy 380 South Courtenay Parkway Suite A Merritt Island, FL 32952 January 28, 2022 Via hand delivery David Dickey Community Development Director City of Cape Canaveral 100 Polk Avenue P.O. Box 326 Cape Canaveral, Florida 32920 Re: DiChristopher, Michael and Collette Property Tax Account nos. 2430122 and 2430121 Dear Mr. Dickey: (321) 631-0758 Kevin@KevinPMarkey.com I write on behalf of the above referenced applicant and submit the following lot split application package: • Completed Application Sheet • Payment application fee and escrow deposit • 6 copies of lot split plat and survey • Title company certification (Property Information Report from Chicago Title trough 11/4/2021) together with noted attachments • Separate sheet addressing items City Code Section 98-66(b) (1) a-e • 500 foot Radius package from Brevard County Upon review of my client's application package and the site itself I can safely represent on behalf of my client that the application meets or exceeds the review criteria established by City Code section 98-66(4). In tandem with your consideration of this application my client would also like the anticipated City approval to include clarification that the 25 foot building set back along the "radius" of parcel 2 (as shown on the survey) would only apply to either the Central frontage OR the Ridgewood Avenue frontage, but not both. I interpret City Code section 98-66(3) to permit the City Council to approve the application with conditions, and thus respectfully request the forgoing setback request include an accommodation as requested in the preceding paragraph. Page 1 of 2 Sincerely, (Signature) Kevin P. Markey cc: client enclosures as stated Page 2 of 2 CITY OF CAPE CANAVERAL LOT SPLIT APPLICATION PACKET Application Sheet Date of Submittal: 1/28/2022 Project Name: DICHRISTOPHER PROPERTY Project Address (if not available, provide general location): NW CORNER OF E. CENTRAL BLVD & RIDGEWOOD AVE.. Legal Description: SEE ATTACHED DEED/LEGAL DESCRIPTION FLU: Zoning: RU 1 Owner(s) Name: MICHAEL & COLETTE DISCHRISTOPHER Mailing Address: 17565 ROCHELLE PKWY MERRITT ISLAND, FL 32952 Phone Number(s): 321-288-4111 Email: MDICHR@AOL.COME If applicant is not the owner, a completed Power of Attorney form is required. Applicant Name: KEVIN P. MARKEY Applicant Address: 380 S. COURTENAY PKWY MERRITT ISL. FL 32952 Applicant Phone Number(s): 321-631-0758 Applicant Email: Kevin@kevinpmarkey.com Signature (owner or applicant): (Signature) City of Cape Canaveral Lot Split Application — 01/2020 Pg. 3 Prepared by and return to: Michele Brenner Landmark Title Agency, Inc. 400 East Merritt Avenue, Suite D Merritt Island, Florida 32953 File Number: 18-14351 CFN 2018148455 OR BK 8203 PAGE 1999 Recorded 07/02/2018 at 04:41 PM Scott Elliot, Clerk of Court Brevard County Doc D $2940.00 # Pg. 1 General Warranty Deed Made this July 2, 2018 A.D. By Robert Meckel a/k/a Robert L Meckel and Joan Meckel a/k/a Joan D. Meckel, husband and wife whose address is: 700 Ridgewood Avenue #5A, Cape Canaveral, Florida 32920. hereinafter called the grantor, to Michael A. Dichristopher and Colette T. Dichristopher, husband and wife whose post office address is: 1777 Wavecrest Street, Merritt Island, Florida 32952, hereinafter called the grantee: (Whenever and ------ "grantor" and "grantee" include all the ---- in this instrument and the --, legal representatives and assigns of individuals, and the Witnesseth, that the grantor, for and in consideration of the sum of Ten Dollars, ($10.00) and other valuable considernations, receipt whereof is hereby acknowledged grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land in Brevard County, Florida, viz: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Bllock 9, Cape Canaveral Beach Gardens Unit No. 2, recording to the map or plat thereof, as recorded in Plat Book 17, Oage (s) 81 and 82 of the Public Records of Brevard County, Florida. Parcel 2: Lot 21, the North 76.00 feet and less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, recording to the map or plat thereof, as recorded in Plat Book 17, Page (s) 81 and 82, of the Public Records of Brevard County, Florida Parcel ID Number: 24-37-14-51-9-21-01 and 24-37-14-51-0-0%. Together with all the , hereinitments and appartenances thereto beloning or in any wise appartaining. To Have and to Hold, the in fee simple forever. And the grantor hereby covenants with said gratee that the grantor is lawfully solved of said land is fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomever: and that said land to fee of all encumbraces except subsequest to December 31, 2017.. In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence: Witness Printed Name MARIE CRUISE (Signature) Witness Printed Name MICHAEL SCANLON (Signature) (Seal) State of New Hampshire County of Hillsborough (Signature) Robert Meckel a/k/a Robert L. Meckel Address: 8700 Ridgewood Avenue #5A, Cape Canaveral, Florida 32920 (Signature) (Seal) Joan Meckel a/k/a Joan D. Meckel Address: 8700 Ridgewood Avenue Unit #5A, Cape Canaveral, Florida 32920 The foregoing instrument was acknowledged before me this 2 day of July, 2018, by Robert Meckel a/k/a Robert L. Meckel and Joan Meckel a/k/a Joan D. Meckel, who is/are personally known to me or who has produced NH + FL as identification. DEBORAH ANN ST. CLAIR MY COMMISSION EXPIRES NOV. 8, 2022 NOTARY PUBLIC NEW HAMPSHIRE (Signature) Notary Public First Name: Deborah Ann St. Clair My Commission Expires: 11-8-22 DEED Warranty Deed- Legal CITY OF CAPE CANAVERAL LOT SPLIT APPLICATION PACKET Application Fee Sheet and Payment Receipt Date: January 28, 2022 Project Name: DICHRISTOPHER PROPERTY Non -Refundable Application Fee $500.00 Residential: $1,000.00 Commercial: $1,500.00 Application will need to address the following items in the City Code: Section 98-66 (b) (1) a-e City of Cape Canaveral Lot Split Application — 01/2020 Pg. 4 OCEAN WOODS PARCEL 10: 24-37-14-84-A ABBREVIATIONS: FND FOUND X N80 NAIL d DISK -- V "T ID IDENTIFICATION T C/L CENTERLINE P PLAN M MEASURE P.U.B D.E. PUBLIC UTILITIES d DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT LOT 20.01. BLOCK 9 L LOT 20 BLOCK 9 0 v; h O N 9e OfO 0 0 0 0 z WEST 25.00 FEET 0 ti WEST 25.00 FEET BEARING REFERENCE LINE N90.00'00"E 275.00 (P) 5B99°54'13"E 274.91 (M) GA 7 // L. FND #4 REBAR (NO ID) • 6' CLF X GRAPHIC SCALE 0 27 40 ( IN FEET 1 1INCH ° 20 FEET `- SET u4 REBAR A CAP (ID: LS 5117) 0 w 1- X x N90°00'00"E 125.00 VACANT LAND PARCEL 1 PARCEL ID: 24-37-14-51-9-21.01 N90°00'00"E 116.19 x 0 10 ti SET #4 REBAR . CAP (ID: LS 5117) SET #4 REBAR & CAP -" (ID: LS 51171 1. 0 VACANT LAND PARCEL 2 PARCEL ID: 24-37-14-51-9-21.02 SET NB0 (ID: PLS 5117) SET NA.0- (ID: PLS 5117) S90°00'00"W 53.93 2' MIAMI CURB (TYP) CURVE DATA: RADIUS: 60.00 DELTA: 83.23'10" ARC: 87.32' 5' S/W SANITARY SEWER MANHOLE CENTRAL BOULEVARD (80' RIGHT OF WAY) 14" FND #5 REBAR (NO ID) FND 3" x 3" CONCRETE MONUMENT (ID: PRM LB7621 0 1- O FND 1/2" GROUND ROD FND 3" x 3" CONCRETE MONUMENT (NO ID) PALM TREE (TYP) 'STOP' SIGN METAL LIGHT POLE 5117 ;a= -0. KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL. SUITE 8 1.1FRRITT ISLAND. FLORIDA 32953 L.B. NO, 6575 - PHONE 1321) 459-0930 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: MIKE DICHRISTOPHER LEGAL. DESCRIPTION: PARCEL 1: THE NORTH 76.00 FEET LESS THE WEST 25.00 FEET OF LOT 21. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0.2 ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 17. PAGE(5) 81 ANO 82. OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. PARCEL 2: LOT 21. LESS THE NORTH 76.00 FEET AND LESS THE WEST 25.00 FEET THEREOF. BLOCK 9. CAPE CANAVERAL BEACH GARDENS UNIT N0. 2. ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN PLAT BOOK 17. PAGEIS) 81 AND 82. OF THE PUBLIC RECORDS OF 8REVARD COUNTY. FLORIDA. SURVEYOR'S NOTES: 1. FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12009C03630. 01129/2021. 2. FENCE OWNERSHIP UNKNOWN. 3. NO APPARENT ENCROACHMENTS NOTED. A. SUBJECT 70 ANY EASEMENTS AND/OR RIGHTS-OF-WAT OF RECORD. 5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEY DOES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TINE OF SURVEY. 8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT I5) SHOWN HEREONI COPIES ARE VALID ONL WHEN SIGNED. DATED AND SEALED WITH THE SURVEYOR'S SEAL. UPDATED SURVEY 10/25/21 DESCRIPTION DATE REVISIONS SIGNATURES DATE FIELD COMPLETION 10/26/18 DRAWN: KKW I1/01/18 CHECKED: MJF/JRM 1t/01/18 SURVEYOR: DJK 11/01/18 FIELD BOOK N0.81 9 75 DWG. NO. 2018113_BNOY.OGN SCALE: 1" 201.1 OF 1 PROJ. NO. 2018113 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051. FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027. FLORIDA STATUTES. Digitaly signed by David J David J Kugelmann Kugelmann Date: 2021.10.2510:52:33 -04'00' OAVID J. KUGELMANN P.L.S. N0. 5117 STATE OF FLORIDA CAPE DESCRIPTION: CANAVE PAL BEACH CARDENS UNIT No.2 A .Subdivision In Section 14, Township 24 South, Range 37 East Brevard County, Florida Description: cosAmuCIM4 AT /Mt Wu c01NID Of TIE 1W'/ of *IC110N 14, T0T1.S40 to 101114, RAN41 31 EAST, 6RIY4R0 CMIMIY, f1O110AI 40 TMEMCL MI.Ol'A.'W 00544 11t ./S1 LINE of TYI 4A40 SWI/4 OE SECIIOM 14, A OISIAMCI OF 149.40' SAID POINT ALSO SUNS TIE YO414E4t1 CORNER OF C//1 CAD.....t 61ACN Winn WI 1*40 PORN/ 1001AFTI4 460.4 l0l awl at ed,GINNIM4, 0004 WEST- AR., 14*00M SOUTNWISTINLY ALOY4 A C44VS OF RADIUS OF l0A',W40$1 UM74+C *oo** K 41,Q004•, 0140S1 C0000 11 SSW 4104414 144. WOW W, AN ARC 01*14NC1, Lf Rl4SYRID 111111041N4 10111 *N41,0. 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SNEET No.! ... ... ,.,1.r.. n4_1.•••• .14 OChicago Title Insurance Company PROPERTY INFORMATION REPORT Order No.: 10066878 Customer Reference Number 21-15855 Addressee: City of Cape Canaveral 100 Polk Avenue Cape Canaveral, Florida 32920 Chicago Title Insurance Company has caused to be made a search of the Public Records of Brevard County, Florida, ("Public Records"), from 07/02/2018, through 06/28/2022 8:00 AM, as to the following described real property lying and being in the aforesaid County, to -wit: Parcel 1: The North 76.00 feet less the West 25.00 feet of Lot 21, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. Parcel 2: Lot 21, less the North 76.00 feet and less the West 25.00 feet thereof, Block 9, Cape Canaveral Beach Gardens Unit No. 2, according to the map or plat thereof, as recorded in Plat Book 17, Page(s) 81 and 82, of the Public Records of Brevard County, Florida. As of the effective date of this Report, the apparent record Fee Simple title owner(s) to the above - described real property is/are: Michael A. Dichristopher and Colette T. Dichristopher, husband and wife The following liens against the said real property recorded in the aforesaid Public Records have been found: Parcel 1: A. NONE 1. Additional Information: Intentionally Deleted 2. NOTE: 2021 Real Property Taxes in the gross amount of $1,446.35 are Paid, under Tax I.D. No. 24-37-14-51-9-21.01. i. Parcel 2: A. NONE 3. Additional Information: Intentionally Deleted Property Information Report Page 1 of 2 Order No.: 10066878 Customer Reference Number 21-15855 4. NOTE: 2021 Real Property Taxes in the gross amount of $1,446.35 are Paid, under Tax I.D. No. 24-37-14-51-9-21.02. Public Records shall be defined herein as those records currently established under the Florida Statutes for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed in the aforesaid Public Records, and it does not purport to insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens or encumbrances. This Report is not to be construed as an opinion, warranty, or guarantee of title, or as a title insurance policy; and its effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the use and benefit of the Addressee(s) only, and it may not be used or relied upon by any other party. This Report may not be used by a Chicago Title Insurance Company agent for the purpose of issuing a Chicago Title Insurance Company title insurance commitment or policy. This Report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this property information report for errors or omissions in this property information report is limited to the amount paid for this property information report, and is further limited to the person(s) expressly identified by name in the property information report as the recipient(s) of the property information report. Chicago Title Insurance Company (Signature) Property Information Report Page 2 of 2 Comments to City Code section 98-66(4): a. The north lot would be .21 acres, and the south lot would be .18 acres, each formerly zoned R-2 (medium density residential) and now zoned R-1 (low density residential). They are located in a residential neighborhood upon which the applicant intends to construct 2 single family residences that would be (i) harmonious with surrounding single family homes and (ii) compliant with current building and zoning codes, and (iii) set -back requirements. b. Section 7, "Housing Element" objective H-1.9 of the City Comprehensive Plan provides as follows: Encourage a variety of housing types within the City, to provide for adequate sites and distribution of housing for low-income and moderate -income households, and to promote housing policies that reflect sound land use principles and development practices. The measurement of this Objective is the extent to which housing variety occurs within the City and the degree to which the following Policies are implemented. And Policy H-1.9 of the City Comprehensive Plan provides as follows: The City shall promote single-family and other low density housing types to balance the many high -density residential developments in the community. And the Future Land Use Element of the City Comprehensive Plan contemplates a minimum lot size of .17 acre, with which the proposed split is compliant. c. No lots created would be in violation of city codes, subject to consideration of applicant's request that the 25 foot building set back along the "radius" of parcel 2 (as shown on the survey) would only apply to the Central Blvd frontage. d. 1 lot will front directly on Ridgewood Avenue; the other will front both Ridgewood and Central Blvd. Thus access to public roads provides adequate ingress and egress to/from the lots. e. The lots were unlawfully split years ago by the former owner and were previously (and ORIGINALLY) described as one platted lot within a platted subdivision. f. The proposed residential use of the lots would not unduly burden existing traffic patterns on immediately surrounding streets. g. A single family home on each lot is an obvious and highest -and -best use of the lots and in furtherance of the City Comprehensive Plan as noted in b. above. h. A residential lot split re -affirming the original plat with R-2 mutifamily zoning would have resulted in the construction of two single family homes with a Central Blvd setback of 15 feet in a predominately residential neighborhood would not adversely affect light and air. i. A residential lot split re -affirming the original plat with R-2 Zoning and resulting in the construction of two single family homes in a predominately residential neighborhood would not result in overcrowding of land. j. A residential lot split re -affirming the original plat with R-2 zoning and resulting in the construction of two single family homes in a predominately residential neighborhood would not adversely harm water, sewer, or other public services such as fire, police, or other first responders. REGULAR MEETING CITY COUNCIL APRIL 3, 1979 MICROFILMED 4-24.80 Attachment 2 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON APRIL 3, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM, AT 7.31 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS P.T. LEE, J.L. MURPHY AND M.A. RIGERMAN, CITY MANAGER ANITA J. OSTROM CITY ATTORNEY RICHARD F. SCOTT, CITY CLERK PATRICIA J. BEAULIEU AND SGT. AT ARMS PHYLLIS NELSON. MRS. BOYD WAS ABSENT DUE TO OUT OF TOWN BUSINESS. THE MINUTES OF THE REGULAR MEETING OF MARCH 20 WERE APPROVED AS READ. UNFINISHED BUSINESS ITEM 1. ORDINANCE NO. 3-79 AMENDING ZONING ORDINANCE SECTION 633.01 ZONING DISTRICT CLASSIFICATION R-2 TO R-1, IN CAPE CANAVERAL BEACH GARDENS, UNIT 2, PLAT BOOK 17, PAGE 81, BLOCK 6, LOTS 1 THRU 8, BLOCK 7, LOTS 1 THRU 11, BLOCK 8, LOTS 2, THRU 8, BLOCK 9, LOTS 4 THRU 21 (2ND READING POSTPONED ON FEBRUARY 20) ATTORNEY SCOTT READ THE ORDINANCE IN FULL ENTITLED: AN ORDINANCE PURSUANT TO SECTION 633.01, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A CHANGE IN THE ZONING DISTRICT CLASSIFICATION FROM R-2 TO R-1 OF FOLLOWING PROPERTY: LOTS 1 THROUGH 8, BLOCK 6, LOTS 1 THROUGH 11, BLOCK 7, LOTS 2 THROUGH 8, BLOCK 8, AND LOTS 4 THROUGH 21, BLOCK 9, UNIT 2, CAPE CANAVERAL BEACH GARDENS, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 17,PAGE 81, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA: BY PROVIDING THAT SUCH CHANGES TO THE ZONING DISTRICTS SHALL NOT BECOME EFFECTIVE UNTIL THEY HAVE BEEN DULY ENTERED UPON THE OFFICIAL ZONING MAP, BY AUTHORIZING SUCH CHANGES TO BE MADE ON THE OFFICIAL ZONING MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID CHANGE ON SAID ZONING MAP: REPEALING ALL PARTS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. MR. MURPHY MOVED FOR ADOPTION. MAYOR THURM SECONDED MOTION. MICROFILMED 4-24-80 MR. MURPHY QUESTIONED WHETHER OR NOT THE PROPERTY OWNER WHO HAD NOT BEEN NOTIFIED AT THE LAST HEARING HAD BEEN NOTIFIED. THE CLERK INFORMED COUNCIL THAT MR. KENDUST HAD BEEN NOTIFIED AND NO OBJECTION HAD BEEN RECEIVED. THE FLOOR WAS OPEN FOR. DISCUSSION FOR THOSE IN FAVOR OF THE ORDINANCE. MR. FRED SKELLY VOICED HIS OPINION IN FAVOR OF THE ORDINANCE. MR. GEORGE FIRKINS, VICE PRESIDENT OF CEVESCO, SPOKE TO COUNCIL EXPLAINING THAT HE FELT THAT THIS RE -ZONING FROM R-2 TO R-I WOULD BE IN BEST INTEREST OF THE CITY AND CEVESCO. MAYOR THURM READ A LETTER FROM MR. QUINCE EXPRESSING HIS APPROVAL OF THIS ZONING CHANGE. THE FLOOR WAS OPENED FOR THOSE OPPOSED TO THE RE- ZONING. CHARLES PINDZIAK SPOKE IN OPPOSITION TO THE CHANGE AND PRESENTED COUNCIL LETTERS FROM MR. AND MRS. CALLI AND WILLIAM KETTNER, OWNERS OF LOTS IN BLOCK 7, EXPRESSING THEIR OPPOSITION. SUBJECT LETTERS WERE READ FOR THE RECORD. MR. PINDZIAK POINTED OUT THAT BLOCK 7 CONTAINED 11 LOTS AND HAD ONLY TWO OWNERS IN FAVOR OF THE RE -ZONING. DURING THE DISCUSSION IT WAS NOTED BY COUNCIL THAT TWO OWNERS IN THIS BLOCK HAD NOT VOICED OBJECTION TO THE CHANGE. MARGARET DAILEY, OWNER OF LOTS 4 AND 5 IN BLOCK 6, AND NICHOLI LUCIANO, OWNER OF LOT 3, BLOCK 7, SPOKE IN OPPOSITION TO THE RE -ZONING. COUNCIL REVIEWED THE NUMBER OF LOTS COVERED BY THE ENTIRE ZONING CHANGE. MR. LEE NOTED THAT THE MAJORITY WERE IN FAVOR OF THE PROPOSED ZONING CHANGE. MR. PINDZIAK WANTED TO GO ON RECORD THAT IN THE EVENT THIS ZONING CHANGE IS APPROVED HE WOULD TAKE THIS MATTER TO COURT DUE TO THE UNCONSTITUTIONALITY OF THE RE -ZONING. COUNCIL MINUTES 4-3-79 PAGE 2 OF 7 & ATTACHMENTS MICROFILMED 4-24-80 MR. MURPHY QUESTIONED ATTORNEY SCOTT REGARDING THE CONSTITUTIONALITY OF THE RE -ZONING. MR. SCOTT REQUESTED HE GO ON RECORD AS ADVISING COUNCIL THEY WOULD PERHAPS HAVE A 50/50 CHANCE IN THE COURTS AND EXPLAINED THE LEGAL POINTS THE COURT WOULD CONSIDER IN THIS TYPE OF CASE. DISCUSSION ON THE RE -ZONING CONTINUED BY COUNCIL. MR. MURPHY POINTED OUT THAT THE CITY NEEDED MORE R-1 AND ALSO THAT THERE WAS ALREADY TWO HOMES BUILT ON SURF. DRIVE AT THE PRESENT TIME. MRS. RIGERMAN RELATED COMMENTS FROM THE PLANNING AND ZONING BOARD ON THE SUBJECT OF THIS PROPOSED ZONING CHANGE: 1. THE BOARD RECOGNIZED THE LACK OF R-I IN THE CITY, 2. ALTHOUGH OCEAN WOODS HAS MULTIPLE FAMILY, THERE ARE SOME SINGLE FAMILY HOMES AND IT IS A CONTINUATION OF R-1 ZONING FROM HARBOR HEIGHTS AS THIS ABUTS THIS PROPOSED RE -ZONING. MRS. RIGERMAN FURTHER EXPLAINED THAT ALTHOUGH THE COMPREHENSIVE PLAN CALLED FOR R-1 NORTH OF HARBOR HEIGHTS, THE BOARD FELT AN AREA SOUTH OF HARBOR HEIGHTS WOULD BE A MORE COMPATIBLE AREA FOR R-1. VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF ORDINANCE WAS AS FOLLOWS: IN FAVOR, MR. LEE, MR. MURPHY AND MRS. RIGERMAN, OPPOSED, MAYOR THURM. MOTION CARRIED. ORDINANCE NO. 3-79 ADOPTED. NEW BUSINESS MAYOR THURM REQUESTED THAT ITEM 3 BE TAKEN UP AT THIS TIME. ITEM 3. DISCUSSION RE: ADOPTING COUNTY ANIMAL CONTROL ORDINANCE MR. STAMP AND MR. WARREN FROM COUNTY ANIMAL CONTROL WERE IN ATTENDANCE AND BRIEFLY REVIEWED FOR COUNCIL THE MAJOR DIFFERENCES BETWEEN THE COUNTY ANIMAL CONTROL ORDINANCE AND THE CITY'S ORDINANCE. THEY EXPLAINED THAT THEY WERE REQUESTING THE CITY CONSIDER THIS CHANGE FOR THE SAKE OF UNIFORMITY. MAJOR DIFFERENCES WERE THE NUMBER OF ANIMALS ALLOWED, NUMBER OF BITES, FEES AND HOLDING TIME. COUNCIL MINUTES 4-3-79 PAGE 3 OF 7 & ATTACHMENTS Attachment 3 RESOLUTION NO. 2022-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE DIVISION OF VACANT LAND OWNED BY MIKE AND COLETTE DICHRISTOPHER, HUSBAND AND WIFE, AND LOCATED AT THE EASTERN TERMINUS OF EAST CENTRAL BOULEVARD AT RIDGEWOOD AVENUE, CAPE CANAVERAL, FLORIDA (EXISTING PARCEL IDS. 24-37-14-51-9-21.01 AND 24-37-14-51-9-21.02) INTO TWO (2) LOTS OF RECORD FOR DEVELOPMENT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law, including regulating the subdivision of land for development purposes; and WHEREAS, Section 98-66 of the City Code allows an owner of a single parcel of land of sufficient size that satisfies zoning bulk regulations to divide the parcel of land once to create an additional parcel of land; and WHEREAS, Section 98-66 of the City Code authorizes the City Council to approve such division, generally referred to as a "lot split," by resolution, and sets forth the prerequisites and application process for lot splits; and WHEREAS, Mike and Colette DiChristopher, husband and wife, (hereinafter "Owner") are the owner of certain vacant real property located at the eastern terminus of East Central Boulevard at Ridgewood, Cape Canaveral, Florida, more particularly depicted and legally described herein ("Property"); and WHEREAS, the Property was divided into two parcels by the former property owner by deed without the approval of the City of Cape Canaveral as required by City Code; and WHEREAS, the Owner now seeks approval of the division of the Property into two lots for development purposes in accordance with the requirements of the City Code; and WHEREAS, said lots are more particularly depicted and legally described herein; and WHEREAS, at its public meeting on August 3, 2022, the City's Planning & Zoning Board considered the Owner's Application for a Lot Split and recommended approval to the City Council; and City of Cape Canaveral Resolution No. 2022-15 Page 1 of 3 WHEREAS, the City Council finds that Owner has satisfied all of the requirements for lot splits set forth in section 98-66 of the City Code; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Approval and Condition of Lot Split. (a) The City Council hereby approves, pursuant to section 98-66 of the City Code, the division of the real property located at the eastern terminus of East Central Boulevard at Ridgewood Avenue, Cape Canaveral, Florida (existing parcel ids. 24-37-14-51-9-21.01 and 24-37- 14-51-9-21.02), and legally described in "Exhibit A," attached hereto and fully incorporated herein by this reference, into two (2) separate lots. Said separate lots are referred to as Parcels "1" and "2" on the survey prepared by Kugelmann Land Surveying, Inc., dated October 25, 2021, and more particularly depicted and legally described on "Exhibit A" as respectively containing 0.21 acres and 0.18 acres, more or less. (c) Upon recordation of this Resolution in the Official Public Records of Brevard County, Florida, said lots shall each be deemed a lot of record for development purposes pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Instructions to Staff. Pursuant to section 98-66 of the City Code, the City Clerk is hereby directed to record this Resolution in the Official Public Records of Brevard County, Florida in conjunction with or at such time a fully executed and recordable Declaration of Easements has been delivered to the City by the Owner. City of Cape Canaveral Resolution No. 2022-15 Page 2 of 3 Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. However, the Resolution shall not be binding upon the Property until recorded by the City in accordance with the requirements of this Resolution. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of August 2022. Wes Morrison, Mayor Kim Davis Mickie Kellum Wes Morrison Angela Raymond Don Willis ATTEST (City Seal): Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2022-15 Page 3 of 3 For Against Exhibit "A" to Resolution No. 2022-15 0- ABBREVIATIONS: FND FOUND N&D NAIL & DISK ID IDENTIFICATION C/L CENTERLINE P PLAN M MEASURE P.U.B D.E. PUBLIC UTILITIES 8 DRAINAGE EASEMENT P.U.E. PUBLIC UTILITIES EASEMENT LOT 20.01, BLOCK 9 LOT 20 BLOCK 9 N 0 CV Ln O O O O 0 O z 0 OCEAN WOODS PARCEL ID: 24-37-14-84-A L BEARING REFERENCE LINE N90°00'00"E 275.00 (P) S89°54'13"E 274.91 (M) FND #4 REBAR (NO ID) 14 w w 0 0 Ln N 0 w w w w 0 0 Ln CV LI w 12 1? 0 0 6' CLF x x GRAPHIC SCALE MMMM 0 20 ( IN FEET ) 1 INCH = 20 FEET SET #4 REBAR & CAP (ID: LS 5117) N90°00'00"E 125.00 VACANT LAND PARCEL 1 PARCEL ID: 24-37-14-51-9-21.01 .21 ACRE N90°00'00"E 116.19 SET #4 REBAR & CAP (ID: LS 5117) S90 14 40 SET #4 REBAR & CAP (ID: LS 5117) VACANT LAND PARCEL 2 PARCEL ID: 24-37-14-51-9-21.02 .18 ACRE CURVE DATA: — RADIUS: 60.00 DELTA: 83°23'10" ARC: 87.32' SET N&D (ID: PLS 5117) SET N&D—\1/4 (ID: PLS 5117) °00'00"W 53.93 // 14" 2' MIAMI CURB (TYP) 5' S/W SANITARY SEWER MANHOLE CENTRAL BOULEVARD (80' RIGHT OF WAY) 14" U FND #5 REBAR (NO ID) FND 3" x 3" CONCRETE MONUMENT (ID: PRM LB762 ) >— LL 0 S 0 0 FND 1/2" GROUND ROD FND 3" x 3" CONCRETE MONUMENT (NO ID) PALM TREE (TYP) 0 z 'STOP' SIGN METAL LIGHT POLE C.6-4 P , G NSE Ne-Ai q 5117 cc :o- .>- STATE OF '_ / FLORIDA Jam: KUGELMANN LAND SURVEYING, INC. 30 NORTH TROPICAL TRAIL, SUITE B MERRITT ISLAND, FLORIDA 32953 L.B. NO. 6575 - PHONE (321) 459-0930 MAP OF BOUNDARY SURVEY PREPARED FOR AND CERTIFIED TO: MIKE DICHRISTOPHER LEGAL DESCRIPTION: PARCEL 1: THE NORTH 76.00 FEET LESS THE WEST 25.00 FEET OF LOT 21, BLOCK 9, CAPE CANAVERAL BEACH GARDENS UNIT NO.2 ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE(S) 81 AND 82, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. PARCEL 2: LOT 21, LESS THE NORTH 76.00 FEET AND LESS THE WEST 25.00 FEET THEREOF, BLOCK 9, CAPE CANAVERAL BEACH GARDENS UNIT NO. 2. ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE(S) 81 AND 82, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. SURVEYOR'S NOTES: 1. FLOOD ZONE "X" PER FLOOD INSURANCE RATE MAP 12009C0363G. 01/29/2021. 2. FENCE OWNERSHIP UNKNOWN. 3. NO APPARENT ENCROACHMENTS NOTED. 4. SUBJECT TO ANY EASEMENTS AND/OR RIGHTS —OF —WAY OF RECORD. 5. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE SEARCH. 6. SURVEY DOES NOT WARRANT TITLE. 7. UNDERGROUND FOUNDATIONS AND/OR UTILITIES NOT LOCATED AT TIME OF SURVEY. 8. THIS SURVEY WAS PREPARED FOR THE EXCLUSIVE USE OF THE CLIENT (S; SHOWN HEREON; COPIES ARE VALID ONLY WHEN SIGNED. DATED AND SEALED WITH THE SURVEYOR'S SEAL. UPDATED SURVEY 10/25/21 DESCRIPTION DATE REVISIONS SIGNATURES DATE FIELD COMPLETION 10/26/18 DRAWN: KKW 11/01/18 CHECKED: MJF/JRM 11/01/18 SURVEYOR: DJK 11/01/18 FIELD BOOK NO.81 @ 75 DWG. NO. 2018113_BNDY.DGN SCALE: 1" = 20' 1 OF 1 PROJ. NO. 2018113 SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE SURVEY DEPICTED HEREON IS TRUE AND MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17.051, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. David J Kugelmann Digitally signed by David J Kugelmann Date: 2021.10.25 10:52:33 -04'00' DAVID J. KUGELMANN P.L.S. NO. 5117 STATE OF FLORIDA CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 17 Subject: Resolution No. 2022-16; modifying and updating the City's list of State Road A1A Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road A1A located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community and Economic Development Summary: At its July 19, 2022 Regular Meeting, the Council approved a motion to direct the City Attorney to draft a revised resolution in order for the Council to take a public position on the proposed roundabout as part of the Florida Department of Transportation's (FDOT) planned improvements to State Road (SR) A1A within the City limits. To this end, Resolution No. 2022-16 (Attachment 1) has been prepared by the City Attorney for Council's consideration and action. Passage of this Resolution will update the Prioritized SR A1A Improvements to that portion of SR A1A within the City limits as indicated in Exhibit "A" of the Resolution. In addition, the Resolution includes new language (see paragraph 2 D. 6 of Exhibit "A") to indicate whether the Council either supports or does not support the proposed roundabout at the intersection of SR A1A and North Atlantic Avenue. Furthermore, the Resolution requests FDOT to periodically update traffic study information for SR A1A within the City limits to provide data for meaningful planning of future SR A1A improvements. In addition, Staff has prepared a spreadsheet (Attachment 2) showing the effects of Alternative 1 (without a roundabout) and Alternative 2 (including a roundabout) to the list of Prioritized Improvements as listed in Resolution 2019-01. A check indicates the priority will be addressed, a x indicates the priority will not be addressed, while a question mark indicates there is not enough information to determine the status of the priority. Submitting Department Director: David Dickey Date: Attachments: 1. Resolution No. 2022-16 with Exhibit "A" — Prioritized SR A1A Improvements 2. Implementation Spreadsheet Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following action(s): Adopt Resolution No. 2022-16, and Council to determine what public position to take, if any, on the proposed roundabout as planned by FDOT. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 RESOLUTION NO. 2022-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MODIFYING AND UPDATING THE CITY'S LIST OF STATE ROAD A1A IMPROVEMENT PRIORITIES; REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDE AN UPDATED TRAFFIC STUDY FOR THE PORTION OF STATE ROAD A1A LOCATED WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast Transportation Planning Organization ("SCTPO") and the A1A Action Team, which consists of a group of organizations, businesses and residents along the State Road (SR) A1A Corridor, seek to address multimodal transportation along SR A1A from the Pineda Causeway (SR 404) to SR 528 in the City of Cape Canaveral; and WHEREAS, a recent widely published report titled Dangerous by Design (2019) by Smart Growth America ("Report") ranked the Space Coast Area as the third most dangerous metro area for pedestrians in the United States; and WHEREAS, the findings contained in the Report provide that policies and funding mechanisms that have been in place for decades have created designs that make streets more unsafe because such policies and funding mechanisms continue to prioritize moving vehicles quickly and efficiently over public safety for all people especially pedestrians, bicyclists and other users of multimodal transportation options; and WHEREAS, the City Council continues to strongly emphasize, as a matter of local policy, that bicycle, multimodal and pedestrian safety/connectivity throughout the SR A1A corridor be given more consideration and emphasis to address the public safety needs of all people required to use SR A1A for transportation and connectivity within the City of Cape Canaveral; and WHEREAS, based on public concerns and experience expressed to the City over the years, the City Council believes that any future designs for SR A1A improvements must encourage safer, slower driving speeds to improve public safety on SR A1A; and WHEREAS, the City Council desires to transform SR A1A into a safe, more resilient, and efficient multimodal corridor that connects and supports the economic viability of the City of Cape Canaveral and is also aesthetically pleasing while providing a sense of community through innovation, design, safety and connectivity; and WHEREAS, the City Council intends to streamline development of feasible improvement strategies to address locally identified transportation, community planning and urban design issues such as corridor beautification, way -finding signage, undergrounding of utilities, traffic calming devices, pedestrian and bicycle facility enhancements, improved transit service, intersection improvements and other infrastructure improvements; and City of Cape Canaveral Resolution 2022-16 Page 1 of 3 WHEREAS, the City Council desires to promote the safety, efficiency, innovation, design, connectivity and aesthetics of the SR A1A corridor and has prioritized the City's desired improvements related to that portion of the SR A1A corridor located within the City; and WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22 approving the City's initial list of SR A1A Improvement Priorities, and said list was modified and updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015, by Resolution No. 2018-01 which was approved by the City Council on February 20, 2018, and again by Resolution No. 2019-01 on March 19, 2019; and WHEREAS, the City Council recognizes that circumstances continue to change since the City last updated its list of SR A1A Improvement Priorities including receipt by the City and its citizens of a presentation by FDOT of alternative preliminary designs for SR A1A improvements, and therefore, the City Council desires to modify and update its list of SR A1A Improvement Priorities and take a position on the alternative design plans related to a proposed roundabout; and WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle ridership and pedestrian activity that requires the City to continue to promote and prioritize safe and attractive bicycle and pedestrian crossings and amenities along SR A1A; and WHEREAS, the City Council is also aware of current and on -going positive growth projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area and this projected positive growth requires that the City Council promote and prioritize safety enhancements to SR A1A consistent with the City's ongoing branding initiative and strategic vision for the Cape Canaveral Community; and WHEREAS, the City Council acknowledges and appreciates that some efforts are currently being made by FDOT and SCTPO on the Long Point Road -to -George King Boulevard Curb and Gutter Design Project and the International Drive Realignment Design Project which should provide some local improvement consistent with the concerns and priorities expressed by the City Council in this Resolution; and WHEREAS, in order to manage the positive growth projections anticipated within the City of Cape Canaveral and surrounding area, the City Council desires FDOT to provide an updated traffic study for that portion of the SR A1A corridor located within the City of Cape Canaveral, where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on- going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. Approval of SR A1A Priorities. The City Council of the City of Cape Canaveral hereby approves a modified list of the City's priorities for improvements to that portion of SR A1A City of Cape Canaveral Resolution 2022-16 Page 2 of 3 within the City of Cape Canaveral, as attached hereto and incorporated herein by reference as Exhibit "A". Section 3. Request for Updated Traffic Study. The City Council of the City of Cape Canaveral hereby requests FDOT coordinate with the City to periodically provide updated traffic study information for that segment of SR A1A located within the City of Cape Canaveral in order to provide meaningful data to be used in planning future SR A1A improvements, addressing bicycle ridership and pedestrian activities, safety and uses, on -going growth projections for the Space Industry/Port Canaveral/tourism including seasonal variations to be used to plan and guide future development projects within the City. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of August 2022. ATTEST: Mia Goforth, CMC, City Clerk Wes Morrison, Mayor Name FOR AGAINST Kim Davis Mickie Kellum 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 City of Cape Canaveral Resolution 2022-16 Page 3 of 3 Exhibit "A" City of Cape Canaveral Prioritized SR A1A Improvements Resolution No. 2022-16 Public Safety Priority Items 1. Lower all speed limits to 35 m.p.h. 2. Public Safety Improvements: A. Additional crosswalks at existing signalized intersections: I. North side of the signalized intersection of W. Central Avenue/Astronaut Boulevard. II. South side of the signalized intersection of Holman Road/North Atlantic Avenue. B. All existing crosswalks and intersections to be audible and signalized. C. New mid -block audible/signalized crosswalks with HAWK (High -intensity Activated crosswalk) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations: I. Burger King/SCAT bus stop II. Columbia Drive III. Jackson Avenue IV. Taylor Avenue V. Cape Shores/East Hayes Avenue D. Urban roadway profile safety improvements: I. Installation of wider landscaped medians with managed turning movement areas; low landscaping in medians to maintain driver visibility, with higher landscaping along sidewalks/pedways. II. Installation of landscaping along SR A1A including, where appropriate, cluster landscape features. III. Installation of street furniture and decorative lighting (solar powered lighting where possible) and traffic signage. IV. Construction of curb and gutter along both sides of roadway. This will require limited/as-necessary right-of-way acquisition funding for stormwater ponds and clipped corners at intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-swales will need to be located near existing storm drain inlets so stormwater overflow can enter system. V. Construction of wide sidewalks in addition to wide buffered, protected and separated bike lanes (appropriately marked/stenciled), along both sides of SR A1A to more safely accommodate pedestrians and bicyclists; improve sidewalks along SR A1A in an ADA compliant manner. VI. Construction of low -maintenance stormwater improvements near stormwater outfalls that address ponding and water quality, including pre-treatment for nitrogen and phosphorus. Stormwater gardens might be considered in historic ponding areas. VII. Where appropriate and needed to improve pedestrian and bicycle safety, install native vegetation "islands," crosswalk striping including on side -streets feeding into SR A1A and other arterial roadways, traffic calming devices, and pedestrian/vehicle barriers. 3. Realignment of International Drive: The realignment of International Drive with North Atlantic Avenue will require right-of- way (ROW) acquisition funding and must address not only the roadway alignments, but also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings. Include marked crosswalks on all sides of this intersection. The International Drive Realignment Project Design is currently funded and underway. 4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard: The installation of an audible/signalized intersection at Thurm Boulevard will require the private property owners on the east side of Astronaut Boulevard to design and construct an aligned common driveway. 5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety and while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. 6. Regarding FDOT's proposed preliminary designs for A1A improvements currently being discussed and presented to the community, the City Council the proposed roundabout. City Vision Priority Items 1. Reduction in overhead lines to include undergrounding of utilities and replacement of existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR A1A in the City. Any reduction in these wires (without impacting existing services) would improve the aesthetics of the entire corridor. 2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of effective and efficient decorative wayfinding signage (with landscaping) directing pedestrians to parks, police, fire and other City and government facilities that pedestrians commonly need to travel. 3. Beautification efforts. Authorize and support City -initiated beautification efforts along SR A1A and other state roadways and land within the City such as the City's Adopt-A- Median/Roadway Landscape Program and Art Utility Box Program. 4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner that is not only functional, but aesthetically pleasing and consistent with the City's on- going branding and strategic planning efforts. FDOT Proposed Section Widen two 10 ft. travel lanes to 6 ft. sidewalk Curb and gutter Widen two 10 ft. travel lanes to two 11 ft. travel lanes Curb and gutter 7 ft. bike lane (striped) Curb and gutter 17 ft. raised median Widen two 10 ft. travel lanes to two 11 ft. travel lanes Curb and gutter 7 ff bike lane (striped) 6 f1. sidewalk City of Cape Canaveral Proposed/Conceptual Section (using same FDOT dimensions - inverted profile) 6 ft. sidewalk Curb and gutter 7 ft. bike lane (separated) Concrete curb/ bike lane separator Retain existing two 10 ft. travel lanes Curb and gutter 17 ft. raised median Curb and gutter Retain existing two 10 ft. travel lanes Concrete curb/ bike lane separator 6 ft. sidewalk 7 f1. bike lane (separated) [Graphic rendering of example street with adjacent dual bike lanes] Attachment 2 Implementation Spreadsheet City staff conducted an assessment to better understand the implications and potential impacts of the FDOT-proposed A1A Tomorrow concepts on the priorities established in Resolution 2019-01, adopted by City Council in March 2019. FDOT proposes two alternatives to the existing intersection at S.R. A1A and N. Atlantic Ave and provided context and graphics in the March 2022 Council Meeting detailing the changes and improvements either would make to the City of Cape Canaveral. FDOT also provided graphics and text related to the concepts presented in Resolution 2019-01. 1. Alternative 1 involves a signalized intersection. 2. Alternative 2 involves a modern roundabout. The table on the following page, adjacent left of the Resolution 2019-01 language, is meant to display the conceptual ability of the proposals for A1A Tomorrow to meet the relevant priorities. Below is the legend for reading the table on the following page. Symbol Priority Feasibility Priority is achievable with proposed project ? Priority is not yet guaranteed, or; incomplete achievability X Priority is not achievable Exhibit "A" Potential Impact to Improvements Alternate 1 Alternate 2 X X X X X City of Cape Canaveral Prioritized SR A1A Improvements Resolution No. 2019-01 Public Safety Priority Items 1. Lower all speed limits to 35 m.p.h. 2. Public Safety Improvements: A. Additional crosswalks at existing signalized intersections: I. North side of the signalized intersection of W. Central Avenue/Astronaut Boulevard. II. South side of the signalized intersection of Holman Road/North Atlantic Avenue. B. All existing crosswalks and intersections to be audible and signalized. C. New mid -block audible/signalized crosswalks with HAWK (High -intensity Activated crossWalK) beacons or PHB (Pedestrian Hybrid Beacons) at the following locations: I. Burger King/SCAT bus stop II. Columbia Drive III. Jackson Avenue IV. Taylor Avenue V. Cape Shores/East Hayes Avenue D. Urban roadway profile safety improvements: I. Installation of wider landscaped medians with managed turning movement areas; low landscaping in medians to maintain driver visibility, with higher landscaping along sidewalks/pedways. II. Installation of landscaping along SR A1A including, where appropriate, cluster landscape features. III. Installation of street furniture and decorative lighting (solar powered lighting where possible) and traffic signage. IV. Construction of curb and gutter along both sides of roadway. This will require limited/as- necessary right-of-way acquisition funding for stormwater ponds and clipped corners at intersecting roadways. Consider bio-swales within landscaping plan for SR A1A; bio-swales will need to be located near existing storm drain inlets so stormwater overflow can enter system. V. Construction of wide sidewalks in addition to wide buffered, protected and separated bike lanes (appropriately marked/stenciled), along both sides of SR A1A to more safely accommodate pedestrians and bicyclists; improve sidewalks along SR A1A in an ADA compliant manner. VI. Construction of low -maintenance stormwater improvements near stormwater outfalls that address ponding and water quality, including pre-treatment for nitrogen and phosphorus. Stormwater gardens might be considered in historic ponding areas. VII. Where appropriate and needed to improve pedestrian and bicycle safety, install native vegetation "islands," crosswalk striping including on side -streets feeding into SR A1A and other arterial roadways, traffic calming devices, and pedestrian/vehicle barriers. 3. Realignment of International Drive: The realignment of International Drive with North Atlantic Avenue will require right-of-way (ROW) acquisition funding and must address not only the roadway alignments, but also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings. Include marked crosswalks on all sides of this intersection. The International Drive Realignment Project Design is currently funded and underway. 4. New mast arms and audible/signalized intersection at SR A1A and Thurm Boulevard: The installation of an audible/signalized intersection at Thurm Boulevard will require the private property owners on the east side of Astronaut Boulevard to design and construct an aligned common driveway. 5. The remainder of SR A1A within the City of Cape Canaveral, from Long Point Road to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety and while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. City Vision Priority Items 1. Reduction in overhead lines to include undergrounding of utilities and replacement of existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR A1A in the City. Any reduction in these wires (without impacting existing services) would improve the aesthetics of the entire corridor. 2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of effective and efficient decorative wayfinding signage (with landscaping) directing pedestrians to parks, police, fire and other City and government facilities that pedestrians commonly need to travel. 3. Beautification efforts. Authorize and support City -initiated beautification efforts along SR A1A and other state roadways and land within the City such as the City's Adopt-A-Median/Roadway Landscape Program and Art Utility Box Program. 4. Ensure that all SR A1A public safety and vision priorities are implemented in a manner that is not only functional, but aesthetically pleasing and consistent with the City's on -going branding and strategic planning efforts. FDOT Proposed Section 6 ft. sidewalk Curb and gutter 7 ft/ blke lane (striped) Widen two 10 ft travel lanes to two 11 ft. travel lanes Curb and gutter 17 ft. raised median Curb and gutter Widen two 10 ft travel lanes to two 11 ft. travel lanes Curb and gutter 7 if bike lane (striped) 6 fl. sidewalk City of Cape Canaveral Proposed/Conceptual Section (using same FDOT dimensions - inverted profile) 6 ft. sidewalk Curb and gutter 7 ft. bike lane (separated) Concrete curb/ bike lane separator Retain existing two 10 ft. travel lanes Curb and gutter 17 ft. raised median Curb and gutter Retain existing two 10 ft. travel lanes Concrete curb/ bike lane separator Concrete curb/ bike lane separator 7 ft. bike lane (separated) Curb and gutter 6 ft. sidewalk CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM #18a Subject: Discussion item on Parking regulations to help small businesses in our city. Department: City Council Summary: A consensus of council to direction to staff to research and bring back an ordinance to lower the required amount of parking spaces. Submitting Council Member: Mayor Pro Tem Mickie Kellum Date: 8/3/22 Attachment(s): None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM #18b Subject: Parking Minimums in the Commercial District Department: City Council Summary: The City of Cape Canaveral held its annual 2022 Strategic Planning Meeting on March 30' this year. In that meeting we heard public comments and discussed a way to make progress on fulfilling the City's Vision to be a "walkable and bikeable" community by taking the opportunity to reduce the minimum parking space requirements for property owner's in the City limits. Specifically, we discussed the challenges some of our walkable and bikeable small businesses are having when this code is applied. Ms. Peg Schaller a local small business owner of Ellie Mae's Tiki Bar along with other citizens shared how this would negatively impact her business. The conflict between the desire to reach our vision and the reality of our code when applied led to a policy proposal by Ms. Schaller regarding our occupancy limit based on parking spaces. The proposed solution was to base the occupancy on what is deemed safe by the local Fire Code which is not consistent with Sec. 110-491 of the City of Cape Canaveral Code which states the following: Sec. 110-491. - Number of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum off-street automobile parking space with adequate provisions for ingress or egress in accordance with the following: (1)Auditoriums, theatres, clubs, lodges, restaurants and other places of assembly. One space for each three seats or seating places or one space for every 700 square feet of floor area of the main assembly hall, whichever is greater. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item #18b Page 2 of 2 This means that a restaurant such as Ellie Mae's is only permitted to have three seats per available parking space. However, the fire department has deemed an occupancy of 212 seats to be safe. I am requesting that we take immediate action to amend Section of 110-491 or applicable Sections of the City Code to allow a local business to apply the Fire Code occupancy limit. Commercial property and Business Owner's such as Ellie Mae's Tiki bar rely on the majority of their patrons to travel by walking or riding their bike to this "neighborhood restaurant." It was pointed out that we need to look no further than our own City Friday Fest Event- where we see very few cars parked compared to the number of attendees. Local Business are already required to have a license with the FL Department of Business and Professional Regulations and the Ms. Schaller pointed out that her business is required to have the ability to accommodate 150 meals, a minimum of 2500 sq. ft., and ensure that at least 51% of their revenues are in the product category of food -which she said they are in full compliance. I believe that adding more layers of regulation beyond what the Fire Code deems safe as well as what DBPR requires will not only threaten the ability of small businesses to thrive, but it will potentially put them out of business and take away establishments that fulfill our vision and benefits the community as a whole. Submitting Council Member: Mayor Wes Morrison Date: 08/03/22 Attachment(s): CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 19 Subject: Discussion item on Short Term Rental. Department: City Council Summary: As we come to the one year mark of the Str ordinance I would like consensus of Council to have Prochamps and code enforcement give a presentation at the September meeting. The objective would be to see where we are and if any improvements that might be needed. Submitting Council Member: Mayor Pro Tem Mickie Kellum Date: 8/3/22 Attachment(s): None. CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 20 Subject: Discussion item on bringing reclaimed water To Oak Lane and the north west side of N. Atlantic. Department: City Council Summary: None. Submitting Council Member: Mayor Pro Tem Mickie Kellum Date: 8/3/22 Attachment(s): None. ITEM # 21 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: VIA: FROM: DATE: RE: The Honorable Mayor and Members of the City Council Todd Morley, City Manager John DeLeo, Administrative/Financial Services Director July 20, 2022 Monthly Financial Report — June 2022 Staff is pleased to present the Monthly Financial Report for the period ending June 30, 2022. At this point in the Fiscal Year, the Year to Date Actuals should be 75% of the total annual budget. Total General Fund Departmental costs are 1.1% above target. Administrative Services is running below target at 72.5%. Community Development/Code Enforcement/Economic Development is under target at 69.4%. Building Department is under target at 59.8% .Protective Services are over target by 9.8%. Fire Rescue is running below target by 6.9%. Leisure Services is 30.6% below target. Non -Departmental expenditures are over budgetary projections at 83.7%. The Community Redevelopment Agency (CRA) has incurred $4,439,980 of expenses for the current Fiscal Year. Wastewater Fund overall costs are under target at 71.6%. The Stormwater Fund is under target cost at 46.9%. The City's General Fund investments total $7,140,387.69; Special Revenue investments total $397,408.36; and Enterprise Fund investments total $599,274.93. The Grand total of all investments is $8,137,070.98. 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 June 30, 2022 Revenue Ad Valorem Tax To date, the City has received 101.4% 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 April and accruals for May and June. It is above target at 95.2%. Franchise Fees, Utility Service Taxes and Communications Service Tax This amount represents actuals for October through April and accruals for May and June. These are slightly above target at 76.1%. Permits and Licenses Permits and Licenses are below target at 65.9%. 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 April and accruals for May and June. 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 83.0%. Garbage and Recycling Revenues This amount represents actual collections for October through May and an accrual for June. These are slightly above target at 77.1%. Recreation Fees (Leisure Services) Recreation Fees are above target and budget at 105.5%. The C5 Membership Fees are contributing to the increased revenue. Investment Income Investment Income is below target at 60.3%. 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 May and an accrual for June. It is slightly above target at 76.7%. Stormwater Utility Fees (Stormwater Fund) This amount represents actual collections for October through May and an accrual for June. It is below target at 70.5%. City of Cape Canaveral Statement of Revenues&Expenditures Period Ended June 30, 2022 GENERAL FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,401,200 1,050,900 75.0% 1,050,900 Cash Forward - R&R 595,500 446,625 75.0% 446,625 Ad Valorem Taxes 5,138,467 5,212,438 101.4% 3,853,850 Local Option Gas Tax 320,000 304,764 95.2% 240,000 Franchise Fees 844,168 648,330 76.8% 633,126 Utility Taxes 1,237,596 953,399 77.0% 928,197 Communications Service Tax 392,450 283,859 72.3% 294,338 Permits & Licenses 666,800 439,608 65.9% 500,100 Impact Fees 701,250 74,137 10.6% 525,938 State Grants 253,600 1,148 0.5% 190,200 ARPA Revenue - 33,724 0.0% - State Shared Revenue 946,795 785,973 83.0% 710,096 Local Shared Revenue 138,918 138,918 100.0% 104,189 Charges for Services 24,250 25,871 106.7% 18,188 Garbage & Recycling Revenue 1,216,484 937,961 77.1% 912,363 Recreation Fees 75,375 79,537 105.5% 56,531 Fines & Forfeitures 14,325 9,438 65.9% 10,744 Interest Income 57,270 34,508 60.3% 42,953 Fire Hydrant Rental Fee 81,800 54,830 67.0% 61,350 Miscellaneous Revenue 95,300 49,858 52.3% 71,475 PAL Program Revenue 41,000 52,592 128.3% 30,750 Transfer from School Guard Crossing Fund 2,050 0.0% 1,538 Transfer from CRA Fund 686,093 774,055 112.8% 514,570 Contribution from Wastewater Fund 707,506 530,629 75.0% 530,630 Contribution from Stormwater Fund 19,566 14,675 75.0% 14,675 Loan Proceeds 3,950,000 2,600,482 65.8% 2,962,500 TOTAL REVENUES $ 19,607,763 $ 15,538,258 79.2% $ 14,705,822 EXPENDITURE Legislative 74,948 50,124 66.9% 56,211 Administrative Services 575,650 417,537 72.5% 431,738 Comm Dev/Code Enf/Econ Development 791,259 548,952 69.4% 593,444 Protective Services 3,309,761 2,808,280 84.8% 2,482,321 Fire/Rescue Services 2,647,475 1,802,148 68.1% 1,985,606 Building 330,190 197,314 59.8% 247,643 Infrastructure Maintenance 1,424,460 1,034,724 72.6% 1,068,345 Community and Cultural Affairs 295,128 150,148 50.9% 221,346 Leisure Services 1,348,753 703,822 52.2% 1,011,565 Legal Services 297,432 111,623 37.5% 223,074 Solid Waste 1,211,916 826,085 68.2% 908,937 Debt Service 1,408,475 1,368,616 97.2% 1,056,356 Non-Departmental 5,842,823 4,892,872 83.7% 4,382,117 Contingency 49,493 0.0% 37,120 TOTAL EXPENDITURES $ 19,607,763 $ 14,912,244 76.1% $ 14,705,822 Excess of Revenues Over/(Under) Expenditures $ 626,015 Page 1 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30,2022 POLICE EDUCATION FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Police Education Income 1,380 794 57.5% 1,035 Interest Income 230 72 31.1% 173 TOTAL REVENUES $ 1,610 $ 865 53.7% $ 1,208 EXPENDITURE Education &Training - 0.0% - Contingency 1,610 0.0% 1,208 TOTAL EXPENDITURES $ 1,610 $ - 0.0% $ 1,208 Excess of Revenues Over / (Under) Expenditures $ 865 FIRE PROTECTION FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward R&R - 0.0% - Interest Income 504 184 36.5% 378 Impact Fees 9,500 0.0% 7,125 TOTAL REVENUES $ 10,004 $ 184 1.8% $ 7,503 EXPENDITURE Transfer to General Fund - 0.0% - Contingency 10,004 0.0% 7,503 TOTAL EXPENDITURES $ 10,004 $ - 0.0% $ 7,503 Excess of Revenues Over / (Under) Expenditures $ 184 Page 2 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30,2022 SCHOOL CROSSING GUARD FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 1,200 0.0% 900 Parking Fine Surcharge 850 528 62.1% 638 Interest Income - 0.0% - TOTAL REVENUES $ 2,050 $ 528 25.7% $ 1,538 EXPENDITURE Transfer to General Fund 2,050 0.0% 1,538 Contingency - 0.0% - TOTAL EXPENDITURES $ 2,050 $ - 0.0% $ 1,538 Excess of Revenues Over / (Under) Expenditures $ 528 LIBRARY FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% - Ad Valorem Taxes 67,481 68,516 101.5% 50,611 Ad Valorem Tax Delinquent 50 0.0% 38 Tax Penalty Income 60 19 31.1% 45 Interest Income 6,180 2,006 32.5% 4,635 Interest- Library Impact Fees - 0.0% - Interest-Tax Collections 42 95 226.9% 32 Impact Fees-Library 12,100 12,565 103.8% 9,075 Miscellaneous Revenue - 5,000 0.0% - TOTAL REVENUES $ 85,913 $ 88,201 102.7% $ 64,435 EXPENDITURE Operating Expenses 40,100 18,192 44.3% 30,075 Capital Purchases 30,000 23,694 28.1% 22,500 Contingency 15,813 0.0% 11,860 TOTAL EXPENDITURES $ 85,913 $ 41,886 30.5% $ 64,435 Excess of Revenues Over / (Under) Expenditures $ 46,315 Page 3 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30,2022 CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward - 0.0% Shared Revenue from Cape Canaveral 943,062 943,062 100.0% 707,297 Shared Revenue from Brevard County 943,062 943,062 100.0% 707,297 Interest Income 288 0.0% 216 Transfer from General Fund 3,793,193 2,600,482 68.6% 2,844,895 Transfer from Stormwater 65,000 65,000 100.0% 48,750 TOTAL REVENUES $ 5,744,605 $ 4,551,606 79.2% $ 4,308,454 EXPENDITURE Operating Expenses 11,559 760 6.6% 8,669 Capital Purchases 4,783,693 3,612,841 75.5% 3,587,770 Debt Service 938,417 826,379 88.1% 703,813 Contingency 10,936 0.0% 8,202 TOTAL EXPENDITURES $ 5,744,605 $ 4,439,980 77.3% $ 4,308,454 Excess of Revenues Over / (Under) Expenditures $ 111,626 LAW ENFORCEMENT TRUST FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 7,526 7,526 100.0% 5,645 Contraband Income 1,000 363 36.3% 750 Interest-State 45 10 22.7% 34 TOTAL REVENUES $ 8,571 $ 7,899 92.2% $ 6,428 EXPENDITURE School Resource Officer 6,203 6,203 100.0% 4,652 Contingency 2,368 0.0% 1,776 TOTAL EXPENDITURES $ 8,571 $ 6,203 72.4% $ 6,428 Excess of Revenues Over / (Under) Expenditures $ 1,696 Page 4 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30,2022 WASTEWATER ENTERPRISE FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 434,000 325,500 75.0% 325,500 Utility Operating Income 4,056,805 3,112,288 76.7% 3,042,604 Utility Penalty Income 62,015 29,656 47.8% 46,511 Sewer Assessment Fees 84,000 93,807 111.7% 63,000 Reuse Hook-Up Fees 2,925 0.0% 2,194 Reclaimed Water Revenue 91,650 68,019 74.2% 68,738 Investment Income 6,240 1,757 28.2% 4,680 Sale of Fixed Assets 2,000 0.0% 1,500 Transfer from CC CRA Fund 52,324 52,324 100.0% 39,243 SRF Loan Proceeds 2,096,500 1,399,753 66.8% 1,572,375 State Grants - 128,400 0.0% - Miscellaneous Income 2,000 79,802 3990.1% 1,500 TOTAL REVENUES $ 6,890,459 $ 5,291,306 76.8% $ 5,167,844 EXPENDITURE Personal Services 1,683,277 1,235,556 73.4% 1,262,458 Operating Expenses 1,338,021 742,481 55.5% 1,003,516 Debt Service 551,629 497,357 90.2% 413,722 Capital Purchases 2,530,500 1,925,710 76.1% 1,897,875 Contribution to General Fund 707,506 530,629 75.0% 530,630 Contingency 79,526 0.0% 59,645 TOTAL EXPENSES $ 6,890,459 $ 4,931,734 71.6% $ 5,167,844 Excess of Revenues Over/(Under) Expenses $ 359,572 Page 5 of 6 City of Cape Canaveral Statement of Revenues & Expenditures Period Ended June 30,2022 STORM WATER ENTERPRISE FUND FY 2021-2022 JUNE 22 YTD %OF TARGET BUDGET ACTUAL BUDGET ACTUAL REVENUE Cash Forward 205,100 153,825 75.0% 153,825 Stormwater Utility Fees 1,159,200 816,894 70.5% 869,400 Investment Income 2,376 1,402 59.0% 1,782 Miscellaneous Income - 11,752 0.0% - Grant-FIND 131,400 0.0% 98,550 TOTAL REVENUES $ 1,498,076 $ 983,873 65.7% $ 1,123,557 EXPENDITURE Personal Services 323,291 243,528 75.3% 242,468 Operating Expenses 295,590 131,523 44.5% 221,693 Capital Purchases 336,500 248,219 73.8% 252,375 Contribution to General Fund 19,566 14,675 75.0% 14,675 Transfer to CRA 65,000 65,000 100.0% 48,750 Contingency 458,129 0.0% 343,597 TOTAL EXPENSES $ 1,498,076 $ 702,944 46.9% $ 1,123,557 Excess of Revenues Over / (Under) Expenses $ 280,929 Page 6 of 6 Florida State Treasury - Special Purpose Investment Account (SPIA) & FL SAF As of June 30,2022 the following funds were invested with the State of Florida Division of Treasury,with a rate of return 0.94% Interest earned for the month: $ 6,895.21 General Fund Restricted (by outside party) Total Restricted $ - Committed(Constrained by Council) Expansion Recreation 44,286.47 Expansion Police 33,529.32 Capital Equipment Renewal&Replacement 718,680.22 Total Committed $ 796,496.01 Assigned-General Fund Emergency Reserve $ 1,495,349.01 Unassigned $ 714,444.91 Total General Fund SPIA Investments: $ 3,006,289.93 Florida Safe General Fund Emergency Reserve-0.06%(average monthly) 1,255,496.40 Florida Safe Combined-Note 2017-0.06%(average monthly) 107.94 Florida Safe Note 2021 -0.06%(average monthly) 250,701.80 Florida Safe ARPA Reserve-0.06%(average monthly) 2,627,791.62 $ 4,134,097.76 Total General Fund Florida Safe Investments: $ 4,134,097.76 Total General Fund Investments: $ 7,140,387.69 Special Revenue Funds Restricted(by outside party) Police Education Fund 12,516.40 Aerial Fund 32,150.79 School Crossing Guard Fund - Library Fund 165,700.69 Library Fund Restricted 185,249.35 Law Enforcement Trust Fund 1,791.13 Capital Expansion Funds: Fire Rescue Capital Expansion - General Government Capital Expansion Total Restricted $ 397,408.36 Total Special Revenue Fund SPIA Investments: $ 397,408.36 Enterprise Funds Wastewater Fund: Wastewater General-Unrestricted - Wastewater Fund Renewal & Replacement 313,292.19 $ 313,292.19 Stormwater Fund: Stormwater Fund-Unrestricted - Stormwater Fund Renewal&Replacement 285,982.74 $ 285,982.74 Total Enterprise Fund SPIA Investments: $ 599,274.93 TOTAL SPIA & FLSAFE INVESTMENTS $ 8,137,070.98 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 22 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 Mar Apr May Jun July TOTAL 2022 2022 2022 2022 2022 2022 No. of Registered 168 4 3 7 4 tbd 186 Properties Remittance to $35,400 $900 $600 $2,800 $500 tbd $40,200 City Vacation Rental BTRs 44 6 3 9 1 tbd 63 Issued Courtesy 180 1 107 1 14 tbd 303 Notices Sent NOV Issued 0 0 1 0 1 tbd 2 Number of Complaints 27 1 tbd 1 3 tbd 32 Hearings Scheduled Submitting Department Director: David Dickey Date: Attachment: n/a Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 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: 8/9/22 CITY OF CAPE CANAVERAL CITY COUNCIL MEETING • AUGUST 16, 2022 AGENDA ITEM SUMMARY • ITEM # 23 Subject: Specimen Tree Removal at Canaveral City Park. Department: Communit and Economic Development Summary: Pursuant to section, 102-41, at its June 21, 2022 Special Meeting, the City Council considered an item to remove a Specimen Tree located at Canaveral City Park, based on the criteria set forth under the city code. The City Arborists' report of findings were presented, which recommended the City Council approval the removal of the subject tree. City Council unanimously approved a Motion to direct the City Manager to determine if the tree could be saved, and if not, to make the decision to remove the tree, and then to communicate that decision to Council (Attachment 1). Subsequently, on July 7, 2022, City Staff met at the site. Based on that visit, the City Arborist prepared a second memo (Attachment 2) which classified the tree as a "Hazardous Tree" which should be removed due to public safety concerns. Given the City Arborists' findings, the City Manager determined the tree should be removed. In compliance with the June 21, 2022 Council motion, the City Manager provided the Council with an Informational Item at the July 19, 2022 Regular Meeting, indicating that Staff had further researched the Specimen Tree and determined that it was hazardous and was slated for removal. City Code section 102-36 expressly delegates the responsibility for determining whether a tree is Hazardous to the City Arborist: Hazardous tree means a tree existing on a developed parcel of land, where such parcel is not a redevelopment site, that is not dead or diseased, but due to its shape, location or growth pattern, which cannot be corrected by pruning, may cause or reasonably be expected to cause imminent damage to persons or property and/or presents an imminent potential threat to the health, safety, and welfare of the general public, as determined by the city arborist. Essentially, once the City Arborist makes a determination that a Specimen Tree is Hazardous, by operation of the City code, it is no longer defined as a Specimen Tree; City Code Section 102-41 no longer applies; and City Council approval is no longer required. During the July 19, 2022 Regular Meeting, Councilmember Willis stated that the Council should not have delegated the decision. The City Manager reviewed the informational item, including a statement of the intent to remove the tree and no further direction was provided to Staff. On July 23, 2022, prior to the tree's scheduled removal, Mayor Morrison sent an email (Attachment 3) to the City Manager stating that he was now of the opinion that the decision to remove the tree was vested in the Council and should not have been delegated to the City Manager. The City Manager indicated to the Mayor that the tree is no longer considered a Specimen Tree because the tree is now determined to be a Hazardous Tree. See City code section 102-36: Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally unsound and cannot recover from pruning. City of Cape Canaveral City Council Meeting • August 16, 2022 Agenda Item # 23 Page 2 of 2 Out of an abundance of caution, and due to the sensitivity of the issue, the City Manager postponed the removal of the tree until such time that the Council could readdress the item. The matter, once again, is being presented to the Council as an Informational Item. The City Manager recommends removal of the tree. Submitting Department Director: David Dickey Date: Attachments: 1. Excerpt from June 21, 2022 City Council Regular Meeting Minutes. 2. July 7, 2022 Memo from City Arborist Tim Davis 3. Mayor Morrison Email — July 23, 2022 Financial Impact: Staff time and effort to prepare this agenda item; Tree Removal and replacement trees at $4,200. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends the City Council take the following actions: Receive the Informational Item. Approved by City Manager: Todd Morley Date: 8/9/22 Attachment 1 City of Cape Canaveral, Florida 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 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. The Public Hearing was closed. 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: Wes Morrison <W.Morrison@cityofcapecanaveral.org> Sent: Saturday, July 23, 2022 8:31 PM To: Todd Morley <T.Morley@cityofcapecanaveral.org> Cc: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Lisa Day <I.day@cityofcapecanaveral.org> Subject: Re: Specimen Tree meeting this morning with Ginny Dirschka Todd, I had a chance to research the point raised by Council Member Willis in the last meeting about who has the authority to make a decision to remove a specimen tree in the City Limits. I agree with Council Member Willis that the Council has to make this decision and this should have not been something delegated. A vote in support or opposition to removing the tree has not been taken as of today, but seems to be the next step before anything is done to the tree. I am requesting that the Council take action on this item by following the procedures under section 102- 41 at the nearest opportunity. I do not want this tree to be removed following a process that is inconsistent with the ordinances of our City. Please let me know if I am missing anything or you would like to discuss. Happy to have a call or meet at your nearest convenience. The COCC ordinance is copy and pasted below as a reference with the applicable section colored • Sec. 102-41. - Specimen trees. (a) Specimen trees shall be preserved or relocated on site to the greatest extent feasible. (b)Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance withsection 102-43, except replacement and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in Table 1. (c) In reviewing an application for final permit to remove a specimen tree, the city council shall consider the following: (1) Whether the site design, as determined by a preland-clearing inspection, are feasible to allow the use permitted, as established by the applicable zoning district regulations. Streets, rights -of -way, easements, utilities, lake perimeters and lot lines shall be shifted whenever possible to preserve trees. (2) Whether the specimen tree is located within the footprint of the proposed structure or if more than one- third of the specimen tree canopy would be required to be removed in order to accommodate the proposed structure, and whether or not it is feasible to relocate the structure. (3) Whether the location of the specimen tree prevents any access to the property from a publicly dedicated and maintained roadway, or whether the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigated without removing the tree. (4) Whether the location of the specimen tree interferes with or prevents the construction of utility lines, drainage facilities, roadways or required vehicular use area which cannot be practically relocated or rerouted. (5) Whether the specimen tree is diseased, weakened by age, storm, fire or other injury so as to pose a danger to persons, property, site improvements or other trees. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 12-2009, § 2, 1-5-10) Thank you, Wes Morrison Mayor City Hall Office 100 Polk Avenue Cape Canaveral, FL 32920 www.CityOfCapeCanaveral.org