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HomeMy WebLinkAboutMinutes 03-20-2012 RegularCITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY March 20, 2012 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and explained the adjustment in the meeting start time is a trial basis. He led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Council Member Council Member Mayor Mayor Pro Tem Others Present: City Manager Assistant City Attorney Assistant City Manager /City Clerk Interim Finance Director Building Official Planning and Development Director Leisure Services Director Public Works Services Director Brevard County Sheriff Lieutenant Cape Canaveral Volunteer Fire Dept INTERVIEWS: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Assistant Chief David L. Greene Kate Latorre Angela Apperson John McGinnis Todd Morley Barry Brown Robert Lefever Jeff Ratliff John Boyd John Cunningham Appoint Applicants Angela M. Raymond and Bob Nienstadt to the Community Appearance Board: Ms. Raymond and Mr. Nienstadt explained their background and desire to serve on the Board. Council Members provided positive and welcoming comments. REPORTS: None AUDIENCE TO BE HEARD: City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 2 of 7 Dianne Marcum spoke of the Mayor's attendance at the Disney Fantasy Ceremony. She thanked the Mayor for his work and noted that his speech emphasized all the activity at the port is very important to the City. She encouraged the Council to work with, take advantage of and utilize the activities to make a positive economic difference for the City. Adam Shafer congratulated Council Member John Bond on his election to office. Mr. Shafer spoke about his negative interaction with the members of Brevard County Sheriffs Office, Cape Canaveral Precinct and what he perceived to be their failure to respond appropriately to his complaints. He did compliment the actions of Lt. Alex Herrera and Ofc. Sarah McClennon. Mayor Randels recognized Tom Hermansen and the Residence Inn for receiving "Diamond" status among all Residence Inn's. Mr. Hermansen gave credit to Manager Pat Looney and the Staff for the award. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. None were removed. 1. Approve Minutes for Reaular Citv Council Meetinq of February 21, 2012: 2. Adopt Resolution No. 2012 -04; exempting electronic signs from sign permit fees; reserving the City Council's right to reimpose said fees; providing for the repeal of prior inconsistent resolutions, severability, and an effective date: 3. Adopt Resolution No. 2012 -02• appointing Members to the Community Appearance Board of the City of Cape Canaveral Florida; providing for an effective date. (Bob Nienstadt and Angela M. Raymond): A motion was made by Mayor Pro Tern Walsh, seconded by Council Member Hoog, to approve Consent Agenda Item Nos. one, two and three. The motion carried 5 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For. PUBLIC HEARING: 4. Adopt Ordinance No 02 -2012, amending chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to Special Exceptions for Alcoholic Beverages; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code, severability' and an effective date, second reading: Assistant City Attorney Kate Latorre read the Ordinance title into the record. The Public Hearing was opened. Leo Nicholas objected to the provision in the Ordinance which allows alcohol City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 3 of 7 sales within 300 feet of the ocean and the possible commercialization of the beach. He urged for removal of this section. Discussion ensued and included the actions at the prior meeting to allow restaurants to be located within 300 feet of the ocean and the Banana River; that currently there are no properties adjoining the beach which are zoned to allow for a commercial establishment; the possibility to prohibit restaurants along the beach but allow them along the river. Mr. Tom Hermansen advocated for the provision, stating waterfront dining is very attractive to residents and visitors and this use would allow more people to enjoy the beach. The Public Hearing was closed. Council Members briefly continued the discussion. A motion was made by Council Member Bond, seconded by Mayor Pro Tern Walsh, to adopt the Code (Ordinance). Additional Council Member comments included the belief that citizens would not stand for the commercialization of the beach. The motion carried 5 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For. 5. City of Cape Canaveral Sewer System Rate Study- February 2012: a. Presentation by Raftelis Financial Consultants, Inc. - Mike Rocca, Director of Operations: Mayor Randels spoke of the debt service the City has for the Wastewater Treatment Plant and the decisions not to raise the sewer rates in prior years. Mr. Rocca explained an enterprise fund must be self- supporting, as it does not receive any tax dollars to support the operations. He presented the objectives, findings, conclusions and recommendations of the sewer rate study. Comments, concerns and questions from the Council Members were received and accordingly responded to by Staff and Mr. Rocca. The comments included: the inequity between commercial and residential customers; the possibility of litigation if the inequities are not corrected; the need for sufficient reserves to ensure the City's credit rating is not affected; funding the capital improvements and maintenance activities; whether properties which have private lift stations should have lower rates because they pay to maintain that equipment and that is because of the design of the system on the private property in order to get the sewage to the City's lines; charging City residents for reclaimed water when individuals outside the City will receive it for free due to the agreements signed years ago; the work Staff and the consultant are doing to further study the reclaimed water rates and re- negotiate the agreements for reclaimed water; the recommended reclaimed water changes are based upon flow /usage; the need to establish user fees so individuals not using the reclaimed service are not paying for something they are not using; the slides depicting the comparison for sewer rate charges for commercial facilities; if no re -use rate is instituted, an additional 5% increase would be needed per year to produce the necessary revenue; that properties who have a reclaimed water connection but are not using it will need to have it permanently disconnected if they do not want to pay the reclaimed water rates; that the re -use water agreement was signed with Cocoa Beach during a time the City needed to get rid of the reclaimed water or face penalties from the State and Cocoa Beach should not be punished. The Public Hearing was opened. Bob Baugher thanked City Manager Greene for being a man of his word and moving this forward. He indicated this is a significant savings and noted he would be able to re- invest the money into the hotel. Barry Shulholtz expressed concerns that an outside City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 4 of 7 firm was determining City rates and desired for the changes between commercial and residential to be implemented gradually. Mr. Hermansen explained his facility pays $50,000.00 more per year than a residential customer. He objected to stretching out the equalization. Leo Nicholas asked if the quality of the effluent was considered for Commercial /Industrial facilities; to which Mr. Greene and Mr. Rocca responded in the affirmative and noted the 25% loading factor for Commercial customers and the Ordinance restrictions on what can be discharged into the City's system. The Public hearing was closed. b. Adopt Ordinance No. 04 -2012; amending Article IV of Chapter 78 related to the City's Reclaimed Water Utility; providing that reclaimed water rates shall be established by Resolution of the City Council; establishing a new equivalency basis for reclaimed water service levels• providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at first reading: Assistant City Attorney Latorre read the Ordinance title into the record. Council Member Petsos objected to adding charges for reclaimed water service. A motion was made by Mayor Randels, seconded by Council Member Hoog, for approval of Ordinance No. 04- 2012. The motion carried 4 -1 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, Against; Mayor Randels, For; and Mayor Pro Tern Walsh, For. C. Approve Ordinance No. 05 -2012; amending Article III of Chapter 78 related to service rates deposits and billing procedures for the City's Sanitary Sewer System; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, at first reading: Assistant City Attorney Latorre read the Ordinance title into the record. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of the Ordinance 05 -2012. The motion carried 5 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tem Walsh, For. 6. Adopt Ordinance No. 06 -2012• amending Chapter 110, Zoning, of the Code of Ordinances to repeal zoning regulations regarding the permitted location of "Resort Condominiums" and "Resort Dwellings" now collectively known as "Vacation Rentals" pursuant to Florida statutes: making conforming amendments to section 2 -283; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Assistant City Attorney Latorre read the Ordinance title into the record. Mayor Randels noted Council's prior actions and the preemption by the State to regulate Vacation Rentals in the future. He noted individuals desiring to have a Vacation Rental will still have to meet the requirements of the State, the Fire Code, the Building Code related to the change of use and the need for a Business Tax Receipt. The Public hearing was opened. Alice Filteau spoke in favor of the repeal of the Ordinance. She addressed the costs of litigation, the hard feelings of citizens and encouraged everyone to move on. She also noted the current economic conditions. Mark Filteau explained his background in planning, City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 5 of 7 likened the current Ordinance to spot zoning, the possibility the existing Ordinance could be considered a taking of property rights. He noted the loss of revenue from properties not being used as Vacation Rentals and urged for repeal of the existing Ordinance. John Anderson expressed his desire for repeal of the existing Ordinance; his understanding of the economic benefits to having the right to convert his home to a Vacation Rental. He categorized the prior actions of the Council as good faith to attempt to solve a problem; however the existing Ordinance did not achieve its objectives. He spoke of Vacation Rentals in his neighborhood, some who are model renters and others who are not considerate to the neighborhood. He felt if this Ordinance was not repealed, additional litigation would ensue. He encouraged Council to move forward and enforce those situations that are causing neighborhood problems. He congratulated the Council on the actions to fix the situation. Hal Ozkaptan, current President of Cape Winds Condominium Home Owners Association, provided historical information about the Condo. He spoke of the installation of a new fire alarm system and the legal fees the owners have borne and advocated for repeal of the Ordinance. Adam Shafer supported the repeal of the Ordinance and noted using a property as a Vacation Rental removes the land -lord tenant laws, and the requirement to go through the eviction process to remove someone. Robert Leader, speaking on behalf of Sandy Trudeau, explained the costs to Ms. Trudeau to bring the property into compliance and have the ability to use her property as Vacation Rentals. He reminded Council Members of the mission statement previously used as the basis of the Ordinance, which was to remain a residential community. Council Member Hoog indicated the costs were to come into compliance with the Life - Safety Codes and would still be required if the Ordinance is repealed. Maggie McGee reminded everyone that there was a very limited amount of time for a homeowner to make the life changing decision to rent their home and give up their homestead exemption. Bob Baugher agreed that it is not what you do, it is how you do it. He urged for fairness between hotels and vacation rentals, which includes the collection of the "Bed -Tax" which is used to fund many things within the County. He advocated Council do all it can to enforce Life - Safety Codes. The Public Hearing was closed. Council discussion included: enforcement challenges with Vacation Rentals; that many people have been renting their property illegally and avoiding payment of "Bed- Tax "; the belief that the current litigation is related to the properties not wanting to meet the Life - Safety Code; repealing the Ordinance would change the character of the City and many people will not know their neighbors; and unfunded mandates from the State to enforce the Vacation Rental Statutes. A motion was made by Council Member Bond, seconded by Mayor Randels, that we adopt these changes as written. The motion carried 5 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For. The meeting was recessed at 8:58 p.m. and reconvened at 9:10 p.m. APPEAL: City of Cape Canaveral, Florida City Council Regular Meeting March 20, 2012 Page 6 of 7 7. Xtreme Fun LLC Appeal of Community Appearance Board (CAB) Order: Assistant City Attorney Latorre explained the procedures to be used in this portion of the meeting. She asked anyone wishing to give testimony to stand and be sworn in, at which point she administered the oath. Planning and Development Director Brown explained the desire of the property owner to re- develop the property and the discussions about the proposed elevation of the building. He reviewed the work done to prepare for the Community Appearance Board Meeting; his recommendations to the CAB, the order from the Board and the elevation proposed by Staff. He introduced Staffs Exhibit "A ". Attorney Rezenka, representing Xtreme Fun LLC, introduced herself to the Council. She questioned Mr. Brown, to which he responded. Mr. Brown also responded to questions from the Council Members and Assistant City Attorney Latorre. David Menzel, Architect for Xtreme Fun, LLC, reviewed his qualifications and noted many projects in the area designed by him. He reviewed the six requirements of the CAB and provided reasons for not constructing the building in the manner ordered by the Board. Mr. Menzel responded to questions from Council Member Hoog regarding the view from the rear of the building. Attorney Rezenka introduced a certified copy of the CAB transcript, which was marked as Applicant's Exhibit "1 ". Ms. Rezenka provided the City Council an overview of why the Council should reverse /change the Board order. Mayor Randels noted the City Code calls for extending the meeting past 10:00 p.m. Motion by Council Member Hoog, seconded by Council Member Petsos, to extend the meeting until 10:30 p.m. The motion carried 5 -0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For. Attorney Rezenka continued her explanation and reviewed testimony presented at the CAB. She submitted and reviewed Applicant's Exhibit "2" and "3 ". She requested Council approve the project as designed without four of the conditions imposed by the CAB. Her Client agrees with the conditions dealing with the detail in the back of the building and the wainscoting along the bottom. She felt the City could approve because there are no overlay district guidelines at this point; the applicant's design is compatible with existing development in the area; it has met the criteria for a level two review; this is the building the applicant wants to build /design /business model. She felt without written definitive standards the property owner could be subject to the whim of the City Staff and requested the Council overturn the decision of the CAB. The Public Hearing was opened. Art Spurrell, president of the Puerto Del Rio Homeowners Association, asked his members of the HOA who do not support the "Beach Wave" as submitted to stand, to which approximately 30 people stood. No individuals stood when asked for those supporting the proposal to stand. He read a prepared statement into the record advocating the Council not approve the site plan as presented by the applicant. Attorney Rezenka showed Mr. Spurrell four pictures of buildings, which were a part of Staffs Exhibit 'A" and asked if these represent the other stores he was speaking of; to which Mr. Spurrell replied they are very similar to them; however windows were painted or covered with product/signs saying "going out of business" or something similar. Elizabeth Cogswell spoke to truth -in- advertising and bait/switch and going out of business sale signs for an extended period of time, which she believed might happen at this location. Sandra Gordon explained her background in real estate and expressed City of Cape Canaveral, Florida City Council RegWar Meeting March 20, 2012 Page 7 of 7 her concerns related to the very specific nature of this building which would reduce potential future uses. Motion by Council Member Bond, seconded by Council Member Hoog, to continue the meeting for thirty more minutes. The motion carried 5-0 with voti,ng as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For. Susie Carter advocated for the City to continue to move forward with Code/Ordinance changes to ensure future buildings are in harmony with the Envision Plan. The Public (Hearing was closed. Mosh Gal rebutted comments made indicating his business operations outside the City have "going out of business" signs, Council Member Hoog pointed to a picture and asked Mr. Gal if that is his building, to which Mr. Gal replied in the affirmative, Mr. Hoog then indicated two weeks ago there was a "going out of business" sign in the window, Mr. Gal refuted Mr. Hong's statement. Assistant City Attorney Latorre clarified the Code reference cited in the Agenda Packet is incorrect. She noted the correct Code Section is 110-33 and indicated the Council has used the correct criteria for its review. Ms. Latorre also provided clarification of her statement at the CAB Meeting indicating any conditions imposed must be reasonable safeguards and conditions. Council Member comments included the need to align the City's Codes with the Vision Statement, the objectionable view of the air conditioning units to the west side of the property and the recommendation to carry the parapet wall to the rear of the building as well as some type of banding; the restrictions of the Sign Code and the need to further strengthen the Code-, whether the proposed building consists of three or four units: the Suggestion to paint something to break up the corners of the building and the encouragement for the property owner to be a good neighbor, and to give consideration to the back of the building. Mr. Gal indicated he agreed to modify the back of the building to include the parapet wall. A motion was made by Council Member Hoog to approve the Beach Wave as presented with changes to the back views to include a parapet and the two conditions that they agreed to from the Community Appearance Board. The motion was seconded by Council Member Bond., The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Council Member Petso,s, For; Mayor Randels, For; and Mayor Pro Tern Walsh, For.