HomeMy WebLinkAboutcocc_council_mtg_packet_20221101CITY OF CAPE CANAVERAL
CITY COUNCIL REGULAR MEETING
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
AGENDA
November 1, 2022
6:00 P.M.
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA AS WRITTEN OR WITH AMENDMENTS
All Agenda Section times are estimates and subject to change.
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.
ITEM FOR ACTION 16:15 p.m. - 6:25 p.m.
1. Resolution No. 2022-29; providing for the swearing -in of the newly elected City Council Members
at the Regular City Council Meeting to be held in December of 2022 pursuant to Section 2.02(d) of the City
Charter in consideration of the legal requirement to canvass all overseas ballots 10-days after the election
and the Supervisor of Election's role in providing Official Election Results to the City of Cape Canaveral for
the November 8, 2022 General Election which are expected to be issued on November 22, 2022; providing
for repeal of prior inconsistent resolutions, severability and an effective date.
ITEM FOR DISCUSSION 1 6:25 p.m. - 6:45 p.m.
2. Discuss and provide direction to Florida Department of Transportation (FDOT) regarding design
considerations for State Road (SR) A1A in Cape Canaveral.
REPORTS 1 6:45 p.m. — 7:00 p.m.
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that
person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In
accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • NOVEMBER 1, 2022
AGENDA ITEM SUMMARY • ITEM # 1
Subject: Resolution No. 2022-29; providing for the swearing -in of the newly elected City Council
Members at the Regular City Council Meeting to be held in December of 2022 pursuant to Section
2.02(d) of the City Charter in consideration of the legal requirement to canvass all overseas ballots
10-days after the election and the Supervisor of Election's role in providing Official Election Results
to the City of Cape Canaveral for the November 8, 2022 General Election which are expected to be
issued on November 22, 2022; providing for repeal of prior inconsistent resolutions, severability
and an effective date.
Department: City Clerk's Office
Summary: At the October 18, 2022 Regular City Council Meeting, City Attorney Garganese
discussed the upcoming City Council Election of Tuesday, November 8, 2022, and advised that the
State and Federal requirement for certification of overseas ballots, if any, will not be counted by the
Brevard County Supervisor of Elections (BCSOE) Canvassing Board until Friday, November 18, 2022,
ten days after the General Election.
Section 2.02(d) of the City Charter states:
Any newly elected Mayor and Council Members shall assume the duties of office at the next
Regular Meeting of the City Council following their election.
The next Regular Meeting, scheduled for Tuesday, November 15, 2022, occurs before the BCSOE
Canvassing Board will count the overseas ballots; the BCSOE will issue a final certification of Election
results on Tuesday, November 22, 2022. The City Council has traditionally sworn -in and seated
newly elected officials at the Regular November Council Meeting. City Attorney Garganese has
prepared Resolution No. 2022-29 (Attached) to address this potential conflict.
The language in Resolution No. 2022-29, if adopted, would postpone the swearing -in and seating
of newly elected Council Members from the November 15, 2022 Regular Meeting to a subsequent
City Council Meeting in December, by which time it is expected that the Election results will have
received final certification by the BCSOE Canvassing Board.
eaF44F
Submitting Department Director:Mia Goforth
Attachment:
Resolution No. 2022-29
Financial Impact: 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:
Provide direction to Staff regarding the date for the swearing -in of newly elected Council Members
and adopt Resolution No. 2022-29.
Approved by City Manager: Todd Morley
RESOLUTION NO. 2022-29
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; PROVIDING FOR THE
SWEARING -IN OF THE NEWLY ELECTED CITY COUNCIL
MEMBERS AT THE REGULAR CITY COUNCIL MEETING TO BE
HELD IN DECEMBER OF 2022 PURSUANT TO SECTION 2.02(D)
OF THE CITY CHARTER IN CONSIDERATION OF THE LEGAL
REQUIREMENT TO CANVASS ALL OVERSEAS BALLOTS
10-DAYS AFTER THE ELECTION AND THE SUPERVISOR OF
ELECTION'S ROLE IN PROVIDING OFFICIAL ELECTION RESULTS
TO THE CITY OF CAPE CANAVERAL FOR THE NOVEMBER 8,
2022 GENERAL ELECTION WHICH ARE EXPECTED TO BE
ISSUED ON NOVEMBER 22, 2022; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, a general election is scheduled for November 8, 2022 at which two City
Council seats and a City referendum will be voted upon by the City electors; and
WHEREAS, the City Council currently schedules and conducts its regular meetings on
the third Tuesday of each month and reserves as a placeholder the first Tuesday of each month
to conduct a regular meeting as deemed necessary; and
WHEREAS, Section 26-1 of the City Code provides that the state election code, F.S. chs.
97-106, is adopted as the procedure for conducting municipal elections within the city. The
duties, authority and responsibility of state and county officers, board and bodies set forth in the
state election code shall apply to the corresponding municipal entities in the conduct of
municipal elections; and
WHEREAS, consistent with applicable Federal law, Section 101.6952 (5), Florida Statutes
provides that a vote -by -mail ballot from an overseas voter in any presidential preference
primary or general election which is postmarked or dated no later than the date of the election
and is received by the supervisor of elections of the county in which the overseas voter is
registered no later than 10 days after the date of the election shall be counted as long as the
vote -by -mail ballot is otherwise proper; and
WHEREAS, the Brevard County Supervisor of Elections has advised the City that overseas
ballots will be canvassed on November 18, 2022 by the County Canvass Board, and that after the
counting of all overseas ballots, the Official Elections Results of the City's municipal election are
expected to be certified and transmitted by the Supervisor to the City on November 22, 2022;
and
City of Cape Canaveral
Resolution No. 2022-29
Page 1 of 3
WHEREAS, Section 2.02 (d) of the City Charter provides that any newly elected mayor
and city council member shall assume the duties of office at the next regular meeting of the city
council following their election; and
WHEREAS, the City Council has historically conducted the swearing -in of newly elected
City Councilmembers on the third Tuesday in November; and
WHEREAS, because the results of the November 8, 2022 City election will not be
deemed official until any overseas ballots are counted and the Supervisor of Elections issues a
final certification of election results to the City on November 22, 2022, which is after the third
Tuesday in November, the City Council hereby finds that the newly elected City Councilmembers
shall assume the duties of office at the next regular meeting held by the City Council in
December of 2022 following the counting of the overseas ballots and their election being
certified official by the Supervisor of Election in furtherance of an orderly transition of the terms
of City Councilmembers consistent with the Florida Election Code; and
WHEREAS, the City Council hereby finds that this Resolution is consistent with the
Florida Election Code and City Charter and Code and is in the best interests of the citizens of the
City for Cape Canaveral, Florida.
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. Scheduling Swearing -In of Newly Elected City Councilmembers. Based on
the findings set forth in the aforementioned recitals and the City Council's regularly scheduled
meeting calendar, the City Council hereby schedules the swearing -in of newly elected
councilmembers following the November 8, 2022 general election to be held at the City
Council's Regular Meeting on December , 2022.
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.
City of Cape Canaveral
Resolution No. 2022-29
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1st day of
November, 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. 2022-29
Page 3 of 3
For Against
CITY OF
CAPE CANAVERAL
CITY COUNCIL MEETING • NOVEMBER 1, 2022
AGENDA ITEM SUMMARY • ITEM # 2
Subject: Discuss and provide direction to Florida Department of Transportation (FDOT) regarding
design considerations for State Road (SR) A1A in Cape Canaveral.
De•artment: Communit and Economic Development
Summary: At its Regular Meeting on August 16, 2022, the City Council approved Resolution No.
2022-16, which supported the goals of previous iterations of the City's SR A1A Resolutions, along
with establishing official opposition to a proposed modern Roundabout at the SR A1A/North
Atlantic Avenue/realigned International Drive intersection. In response, Mayor Morrison and City
Manager Morley met with Jack Adkins, District 5 Director of Transportation Development, on
September 1, 2022 to discuss how to move forward. FDOT has stated it is working diligently to
provide as many of the Resolution's priority items as possible, including curb and gutter, mid -block
crossings with refuge islands, and pedestrian hybrid beacons.
At its September 21, 2022 Regular Meeting, City Council briefly discussed this Item and, due to time
constraints, reached consensus to hold a Workshop meeting dedicated solely to this item.
Additionally, at its Regular Meeting on October 18, 2022, the City Council approved Resolution No.
2022-27, adopting the Space Coast Transportation Planning Organizations goal of Vision Zero,
advocating that no loss of life is acceptable on our City streets, and rededicating the City's
commitment to safe roadways for all.
Based on the most recent Council direction, Staff has prepared this Agenda Item for Council to
provide direction to FDOT on Roadway Options Alternative 1 or Alternative 2 and provide any other
comments. Though tonight's Meeting is being conducted as Regular Meeting and not a Workshop,
due to a Resolution needing Council consideration and action, Staff recommends Council conduct
the discussion on this item in a similar fashion to a Workshop Meeting.
The City's understanding of FDOT's current plan:
The International Drive Realignment Project is currently funded for construction beginning in 2026
and the design will be revised from a modern roundabout to a signalized intersection. This
realignment project will need to include curb and gutter. In order to reduce wasteful re -work in the
future, the dimension from the west side curb & gutter to the east side curb & gutter is currently a
critical design consideration for FDOT and needs to be determined in the very near future. The
curb -to -curb dimension affects design capabilities for the future medians, sidewalks, and cycle
tracks.
FDOT provided a graphic of Roadway Options (Attachment 1), which contains four options:
1. The current condition.
2. Alternative 1, which provides:
o Curb -to -curb dimension: 54 ft.
o Medians: landscape medians only at pedestrian crossings. The remainder of
the corridor would remain the bi-directional turn lane.
O 40 mph speed limit,
City of Cape Canaveral
City Council Meeting • November 1, 2022
Agenda Item # 2_
Page 2 of 2
o Bicycles and pedestrians: a separated 5 ft. cycle track (asphalt) and a
separated 5 ft. sidewalk (concrete),
o Minimal landscaping.
3. Alternative 2, which provides:
o Curb -to -curb dimension: 59.5 ft.
o Medians: landscape medians throughout the corridor (no bi-directional
turning lanes),
0 40 mph speed limit,
o Bicycles and pedestrians: a 9 ft. wide area for combined bicycle and pedestrian
traffic.
o Improved, low-level landscaping.
4. Alternative 3, which includes the modern roundabout (no longer considered).
FDOT additionally provided a conceptual design of a signalized intersection at a realigned
International Drive/North Atlantic Avenue intersection (Attachment 2) and requested City Council
provide direction by selecting either Alternative 1 or Alternative 2 and providing any other
comments.
Submitted by: David Dickey
Attachments:
1) Roadway Options.
2) Conceptual design of a signalized intersection at a realigned intersection of International
Drive and North Atlantic Avenue.
Financial Impact: 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 action:
Open the floor to public comment, consider the alternatives proposed by FDOT and provide Staff
direction regarding selection of an FDOT alternative for consideration at a future Council Meeting.
Approved by City Manager: Todd Morley
Attachment 1
ROADWAY REDESIGN OPTIONS WITH TRAFFIC SIGNAL AT S.R. A1A/N. ATLANTIC AVE.
100' Existing Right of Way
•
5'
Sidewalk
Varies
Drainage
Shou4'lder
10'
Drive Lane
10'
Drive Lane
10'
TWLT
10'
Drive Lane
10'
Drive Lane
4'
Shoulder
Varies
Drainage
SPEED
LIMIT
45
5'
Sidewalk
I
Current Condition
PROJECT GOALS BASED ON THE CITY OF CAPE CANAVERAL'S RESOLUTION
SPEED
LIMIT
35
Slower
Speeds
v 'a
Better
Pedestrian
and Bicycling
Facilities
•
Jilt
Increased
Safe Crossings
Opportunities
41
Organized
Vehicular
Access to
Destinations
ip
Aesthetic and
Placemaking
Improvements
Minimize Right
of Way Impacts
100' Existing Right of Way
WWI
10•
Drive Lane
10•
Drive Lane
SPEED
LIMIT
40
No
• Posted speed limit
of 40 mph
• No horizontal
curvature on the
southern end
means a 35 mph
posted speed is not
achievable
Yes
• 5' separated cycle
track for bicyclists
• 5' sidewalk for
pedestrians
Somewhat
• Midblock crossings
with refuge islands
and pedestrian
hybrid beacons
(PHB)
• No raised
crosswalks
No
• No corridor -
wide access
management
• Turning movements
are only controlled
at midblock
crossings and spot
traffic islands
Somewhat
• Groundcover or
small shrubs may
be used in buffer
and on spot traffic
islands
• Curb & gutter adds
to urban character
• No additional
placemaking
elements
Yes
• Some right-of-way
impacts
Alternative 1: 40 mph with Cycle Track, Two -Way Left Turn Lane, & Minor Landscaping Highlights: S.R. A1A remains a 5-lane cross section. Spot traffic islands and a separated cycle track for bicyclists are
provided. $9.5M estimated construction costs. Alternative 1 can be retrofitted to Alternative 3 design in the future.
100' Existing Right of Way
No
• Posted speed limit
of 40 mph
• No horizontal
on the
southern end
means a 35 mph
posted speed is not
achievable
Somewhat
• No separation
between bicyclists
and pedestrians
• 9' wider sidewalk
accommodates
both bicyclists and
pedestrians
Somewhat
• Midblock crossings
with refuge islands
and pedestrian
hybrid beacons
(PHB)•
No raised
crosswalks
Yes
• Continuous median
provides corridor-
wide controlled
access
15.5' raised median
width is the
absolute minimum
width possible to
maintain safety at
40 mph
Somewhat
• Groundcover or
small shrubs may
be used in buffer
• Small trees will be
added to median
• Curb & gutter adds
to urban character
• No additional
placemaking
elements
Yes
• Some right-of-way
impacts
1
1
SPEED
LIMIT
40
I
ICcurvature
f4 - _ - _ -
• • ■ .
•
-
5.25'
Tie Down
1' 9' S'
Sidewalk Buffer
2'
10'
Drive Lane
10'
Drive Lane
15.5'
Median
10'
Drive Lane
10'
Drive Lane
2' 5'
Buffer
9'
Sidewalk
15.25'
Tie Down
Alternative 2: 40 mph with Wide Sidewalk, Median, & Low-level Landscaping
Midblock Crossing for Alternative 1
With no horizontal
curvature on the
southern end, the
lowest target speed
that Alternative 1 can
achieve is 40 mph.
Midblock crossings
will not be raised and
minimal landscaping
will be placed in the
spot traffic islands.
i
Highlights: Continuous median provides organized vehicular access benefits and more landscaping opportunity, but no
dedicated bicycle facility is provided. $13.2M estimated construction costs. Alternative 2 cannot be easily retrofitted to
Alternative 3 design in the future.
Midblock Crossing for Alternative 2
As with Alternative 1,
the lowest target speed
Alternative 2 can achieve
is 40 mph. Midblock
crossings will not be raised.
Low-level landscaping
(small trees) can be
placed in the median with
Alternative 2.
Both roadway design alternatives utilize the highest level of feasible variations from FDOT design standards to achieve the
best balance of providing multimodal features while maintaining safety for all modes - vehicles, pedestrians, and bicyclists.
Attachment 2
RIP T ON
REVISIONS
DAI E DESCRIPTION
9' SIDEWALK
12' - 15.5'
9' SIDEWALK
CAPE GARDE S
RECONSTRUCT ROAD WITH 4941 WIDE MEDIAN AND CONVERT TO CURB AND GUTTER
(N ATLANTIC AVE TO GEORGE KING BLVD)
S TA TE OF ELORITDA
DE PAR'J 1R_VT OF TrZANS1-Vlt7.4TION
ROAD NO.
BREVARD
FINANCIAL PROJECT ID
iffy-Jy parker
430202-5
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HAPPY OC
CAR WAS
FOR CONCEPTUAL PURPOSES ONLY; NOT FOR CONSTRUCTION.
SR A1A AT N. ATLANTIC AVE
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