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HomeMy WebLinkAboutcocc_council_mtg_minutes_20210316CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 Hybrid Meeting via GoToWebinar Tuesday March 16, 2021 6:00 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. Mayor Pro Tem Raymond led the Pledge of Allegiance. Mayor Hoog read a statement regarding virtual participation. ROLL CALL: Council Members Present: Council Member Mayor Council Member Council Member Mayor Pro Tem Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond Others Present: City Manager City Attorney City Clerk Community and Economic Development Director Cultural and Community Affairs Director Leisure Services Director Sustainability Manager/Planner Deputy City Clerk Executive Assistant to City Manager/Office Manager Brevard County Sheriff's Office Commander Brevard County Sheriff's Office Corporal Canaveral Fire Rescue Chief Canaveral Fire Rescue Deputy Chief Canaveral Fire Rescue Assistant Chief/Fire Marshall Todd Morley Anthony Garganese Mia Goforth David Dickey Molly Thomas Gustavo Vergara Zachary Eichholz Daniel LeFever Lisa Day Andrew Walters William Dasher, Jr. Dave Sargeant Christopher Quinn Derek Yossifon PUBLIC PARTICIPATION: Brad Pervell, resident and property owner, expressed appreciation for efforts taken by Council and Staff to save trees at Sandpiper Park. Ginny Dirschka, property owner, expressed appreciation for efforts taken by Council and Staff to save trees at Sandpiper Park and discussed interest in continuing to be involved to protect and plant more native trees around the City. Daniel Marshall, resident, discussed support for the City vacation rental legislation. Rhonda Breininger, property owner and business owner, discussed concerns related to short-term vacation rental issues and the number of those businesses in the City. Felicity MacDonald, resident, discussed support for the City vacation rental legislation, thanking Council for considering the measure. Robert Samak, property owner, discussed opposition to the City vacation rental City of Cape Canaveral, Florida City Council Meeting • March 16, 2021 Minutes • Page 2 of 4 legislation. City Manager Morley raised a point of order on discussion related to the subject. City Attorney Garganese explained the Public Participation section is reserved for Items that are not already on the Agenda, therefore testimony regarding vacation rentals should be delayed until the Public Hearing is opened for that Item. CONSENT AGENDA: Mayor Hoog asked if any Items needed to be removed for discussion. Council Member Morrison removed Item 2. 1. Approve Minutes for February 16, 2021 Regular Meeting. 2. Ratify modification to reduce parking spaces to preserve additional trees in accordance with attached conceptual plan. 3. Appoint Mayor Pro Tem Raymond to be a panelist at the "Integrated Planning & Action - people, places and prosperity" event, to be held virtually on May 7th, 2021 at 9:00 a.m. A motion was made by Council Member Kellum, seconded by Council Member Brown, to pass Items 1 and 3 on the Consent Agenda. The motion carried 5-0. 2. Discussion ensued and included saving additional trees, meeting the parking requirements, revising the proposed parking plan and Staff meeting with citizens to discuss alternatives. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Raymond, to pass Consent Agenda Item 2. The motion carried 5-0. PUBLIC HEARINGS: 4. Ordinance No.10-2021; amending Section 110-486 of the City Code regulating vacation rentals; making findings of facts; providing for definitions; requiring vacation rental registration; requiring inspections; specifying duties of vacation rental owners and allowing agents; providing for maximum occupancy; providing limited exceptions for pre-existing contracts; providing requirements of vacation rental owners and agents related to sexual predators and offenders; requiring provisions for providing and posting safety information for occupants of vacation rentals; providing restrictions related to accessory structures; providing enforcement; providing for other miscellaneous provisions; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading: City Attorney Garganese read the title into the record and reviewed the Item. Discussion ensued and included the Planning and Zoning Board Ordinance recommendations, the Public Meeting regarding Home Rule, enforcement of 7-day minimums, Airbnb-style platforms, third -party agreement and registration process, ensuring property owners have Business Tax Receipts, impact of non -compliant properties, private property rights, enforcement of noise, parking and trash violations, serious concerns on both sides, prioritizing needs of the citizens and community, property improvements made by short-term rental business owners, concerns over losing the residential feel of the City, the need to make equitable decisions for residents, potential impacts to the City and Cape View Elementary School if a majority of homes in the City were to become short-term rental properties and effects on affordable housing, the Ordinance should not affect compliant business owners, 3-year logs, annual safety inspections, occupancy and daily rentals. Fire Chief Sargeant indicated inspections are being done and will continue whether the Ordinance passes or not. Discussion continued regarding the Florida Safety City of Cape Canaveral, Florida City Council Meeting • March 16, 2021 Minutes • Page 3 of 4 and Building Codes, difference between hotel occupancy and properties run by short term -rental owners and complaint process related to the Florida Department of Business and Professional Regulation. The Public Hearing was opened. Patricia Weeks, 2021 President, Space Coast Association of Realtors, discussed support of short-term rental properties, owner rights and opportunities for the City to collect revenues on those properties. Stephanie Tripp, resident and property owner, discussed support for the Ordinance. Lamar Russell, Planning and Zoning Board Chair and property owner, discussed support for the Ordinance, how neighborhoods are becoming invisibly zoned due to the influx of short-term rental properties and urged the City charge enough to cover administration, inspections and patrols for enforcement of the rules. Larry Guest, property owner, expressed concerns over the Ordinance related to long-term rentals. City Attorney Garganese explained the Ordinance does not apply to the registration fee or property owners leasing thirty days or more. Alexandra Hodkin, resident, property owner and business owner, discussed charging tiered daily rates and residential rental units versus short-term rentals. Tammie Watts, Governmental Affairs Director, Space Coast Realtors, discussed opposition to the Ordinance, suggested structuring the measure to be equitable to everyone and encouraged Council consider the employment opportunities. Michael Rivera, resident, property and business owner, discussed fees and maintenance expenses of running short-term rental businesses and more fees would cause him to operate elsewhere. Victoria Tchistiakova, resident and property owner, discussed tax incentives to keep the school open and short-term rental revenues should go back into the community, creating a balance. Rhonda Breininger, property and business owner, discussed pros and cons of the Ordinance and support for treating all businesses equally. Vanessa Gillis, attendee, discussed reducing the 7-day minimum requirement, the minimum wage versus high rent and business revenue during Spring Break. Mayor Hoog recessed the meeting at 7:58 p.m. The meeting was reconvened at 8:07 p.m. The Public Hearing continued. Laura Renfro, property owner, discussed opposition to the Ordinance and the differences between long and short rental properties regarding wear -and -tear. The Public Hearing was closed. Discussion ensued and included whether the Ordinance is a detriment to businesses, the City does not receive Tourist Development Tax money, blight in the City, education and enforcement of the law, Home Rule, affordable housing problems make it unsustainable for some that live here, future agenda item regarding fees, comprehensive list of all properties and being able to see all complaints, accessory -use portion to come back to Council as a separate ordinance and amendments to the draft Ordinance. A motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to adopt Ordinance No. 10-2021, with the Planning and Zoning Board recommendations, an effective date of October 1, 2021 and addition of "or designated agent" under (g)(3), at second reading. The Motion carried 4-1, with Council Member Morrison voting against. 5. Ordinance No. 11-2021; amending Chapter 98, Subdivisions, Division 5. — Lot splits to authorize certain unapproved lot splits occurring prior to March 16, 2010 under the requirements set forth herein; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record. City Manager Morley summarized the Item. Discussion ensued and included options for the property owners, zoning changes over the last forty years, how density increases from R-1 through R-3 zoning districts, the variance process, the Brevard County Property Appraiser, Brevard County Clerk of Court and the City's Code compliance City of Cape Canaveral, Florida City Council Meeting • March 16, 2021 Minutes • Page 4 of 4 processes regarding lot splits, the option to keep the current Code as is, the proposed Ordinance may die for lack of a motion, the need for an equitable solution and compatibility with the neighborhood. The Public Hearing was opened. Anne Brzezicki, resident and property owner, discussed Surf Drive homeowners' opposition to the proposed Ordinance. Patrick Campbell, resident, discussed opposition to the proposed Ordinance. Marko Hakamaa, discussed opposition to the proposed Ordinance. The Public Hearing was closed. Discussion ensued and included thanks to the citizens for speaking out and other non -conforming properties in the City. A motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to take no action on Item No. 5, Ordinance No. 11-2021, at first reading. The Motion carried 5-0. 6. Ordinance No. 12-2021; amending Section 6-51 of the City Code related to open containers of alcoholic beverages in public places; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, first reading: City Attorney Garganese read the title into the record and reviewed the Item. Brevard County Sheriff's Office (BCSO) Commander Walters expressed gratitude to Council and Staff and discussed the City's relationship with BCSO, explained the proposed Ordinance and how enforcement of it will improve quality of life for the community. Discussion ensued and included the fine being a second-degree misdemeanor, arrests are not always made during enforcement due to education efforts of law enforcement, drinking is allowed on the beach but prohibited on beach cross-overs and certain businesses within City limits allow drinking outside, on -premises, with a State license. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Brown, seconded by Mayor Pro Tem Raymond, to approve Ordinance No. 12-2021, at first reading. The Motion carried 5-0. REPORTS: None. ADJOURNMENT: The Meeting was adjourned at 9:59 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk SEAL City of Cape Canaveral, Florida