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HomeMy WebLinkAboutMinutes 04-03-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I I Polk Avenue, Cape Canaveral, Florida TUESDAY April 3, 2007 x`:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official Recreation Director Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley Nancy Hanson CONSIDERATIONS: I . Motion to Approve: An Authorization to Petition the Florida Department of Environmental Protection for an Administrative Hearing on the Request from Transrnontaigne, Inc. for a 2 -year Permit Extension. Mayor Randels acknowledged that Transmontaigne, Inc. filed a request for a permit extension and respondents had 21 --days to reply. Attorney Garganese stated that there was currently a pending appeal of the Building Official's interpretation regarding Coastal Fuels request for special exception yet to be heard by the Board of Adjustment. The issue would be heard within the next 30 to 45 days. Currently, issue at hand was whether or not the two tanks were lawfully permitted pursuant to the City's zoning code. The Florida Department Environmental of Protection [DEP] issued a construction permit for two additional tanks at the Coastal Fuels site, and that permit has been issued, and Coastal Fuels has filed an extension of time on the construction permit that the Florida DEP issued. Coastal Fuels published said notice with the allowable 21 days for any interested party to file a challenge to the decision of the State Agency, in this ease DEP. Attorney City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 2 of 15 Garganese stated that if the Council decided to file a petition challenging the extension, the only issue that the Council could challenge was the extension, not the initial construction permit. The DEP does not consider local zoning regulations but its own rules. Attorney Garganese stated that the real issue the City was facing was a local zoning issue and the Council would need to consider where to apply its resources. Attorney Garganese stated that the question was if the intent to issue the extension was valid. Attorney Garganese clarified that the construction permit ended May 31, 2007. Attorney Garganese stated that even if the City were successful, Transrnontaigne could apply for a construction permit again and DEP could award it again without considering the City's zoning regulations as was done the first time, Attorney Garganese explained that the standard for issuing an extension on the permit was to demonstrate reasonable assurances that upon completion, the extended permit would comply with the standards and conditions required by applicable regulations. There were reasonable assurances certified by an engineer in the original application under Attorney Garganese's review. Attorney Garganese stated that he was unsure of any further permits needed by DEP. Ms. Roberts asked did he not think it important that the City go on record at the state level. Mr. Boucher replied that the DEP staff in Orlando was aware of the City's concerns about them issuing a permit without them checking with the local permitting authority. He stated that the notice requirements were not sufficient for a project of this size and scope. He informed that those concerns were also raised while he and members of the Council were in Tallahassee for a more inclusive permitting process. Ms. Roberts expressed her concern that the City was not weighing in about its original concerns regarding the expansion project in the most recent months and the City was not recording that it had great difficulty with it. Attorney Garganese explained that he was reviewing the issue from a technical permitting issue and as to whether or not this was the proper forum to officially go on record in an extension petition or to challenging DEP's extension. if the Council chose to officially go on record with the DEP, the Council could adopt a Resolution stating their position related to their lack of coordination on the permitting with the City. Attorney Garganese re- stated that the real issue for the City was the issue of zoning. Ms. Roberts conveyed that many of the community's concerns were environmentally related and she found it ironic that the DEP granted the construction permit without consideration with the community's environmental concerns. Ms. Roberts stated that she also found it important to document the City's concern about the environmental aspects of this expansion proposal. Ms. Roberts stated further that it was not only the process but also the implications with what DEP was doing. Attorney Garganese replied that a response to the DEP would become irrelevant to the issue at hand. He informed that there was an innumerable amount of study regarding the emissions from the existing facility that have been filed with the DEP. City of Cape Canaveral, Florida City council Regular Meeting April 3, 2007 Page 3 of 15 Mr. Nicholas expressed that if the City decided to go on record in opposition to the permit extension he thought it would be better to include the concerns of the environmental aspect. This would provide sufficient grounds on the City's part to cite some reasons. Ms. Roberts stated that from the city's perspective there may be a precedent here. She also explained how this would broaden the parameters of how the city defined environmental concerns because the community is extremely close to what they consider a dangerous situation and they have documented their concerns about the noise, the smell and the proximity of the tanks, and to a layperson perspective these were environmentally related. Ms. Roberts stated that there was an opportunity for the City to weigh in on how the State defined environmental issues and concluded it important to weigh in on all counts in this case. Mr. Nicholas asked if the City decided to go on record in opposition to the extension, with the issue yet to be heard by the Board of Adjustment, would this be construed as the City administration or government having a negative impact or influence on the Board's decision. Attorney Garganese stated that technically and legally it would be irrelevant to the issue at hand facing the Board of Adjustment. The Board would address a very narrow issue of whether or not liquefied petroleum as used in the code which means petroleum under gas, or under pressure, or gasoline, or some other petroleum product. They would not address the extension or any other issue at this time, unless the Board agrees with Coastal Fuels position. In which case, coastal Fuels would be eligible to file a Special Exception application for the two additional tanks and then there would be another proceeding before the Board of Adjustment to address if this particular permit application complies with the special Exception criteria including compatibility with the surrounding neighborhood. Mr. Petsos questioned if a petition were submitted based solely on the environmental impacts, how many resources would the city need to expend versus the Board of Adjustment. Attorney Garganese responded that the city would expend resources in multiple forums. The Proceeding would require significant litigation resources for Dower Administrative Hearing similar to a lawsuit in circuit Court as a trial before a law judge. He explained that Todd Morley would also require individual legal counsel related to the Building Official's position regarding the interpretation of zoning code. Attorney Garganese advised the council to choose their battle wisely keeping in mind the end result. He stated that there was a narrow issue before DEP. In finality even if the city were successful, the DEP could issue another construction permit without considering the City's zoning regulations that was a real issue and the environmental issues the DEP would address using their own regulations. Ms. Roberts expressed her concern with the DEP ignoring local prerogatives and concerns and she stated the council has and should continue to weigh in on the community's concerns possibly by staff or the council at the hearing. Ms. Roberts explained that there were some precedents here of concern that were conveyed while the City's delegation was in Tallahassee speaking to their Legislators. This happens to any community throughout the State in which DEP dues not consider local prerogatives and City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 4 of 15 this was an incredible case in which the interest of the community needed to be considered from an environmental perspective as well as other quality of life issues. Attorney Garganese replied DEP could say that their jurisdiction was defined by the Legislature and that it was clear under the law that the DEP did not have to consider local zoning aspects and local land development regulations. Ms. Roberts replied that the governmental bodies have the prerogative to interpret for the higher good and DEP has the prerogative to consult with local jurisdictions; however, in this case they have chosen not to. Mayor Randels related how DEP expressed that it was not obligated to notify the local community. Mayor Randels stated from the DEP letter in which the ombudsman's replied that "they neither had the time, energy, or desire to correspond with the impacted parties." Mayor Pro Tern Hoog expressed that he agreed with the City Attorney to expend the resources where necessary. He stated that the City's zoning issue would stand as is and he was not concerned with proceeding to a legal fight. Attorney Garganese replied he anticipated a legal issue and if the construction permit were enough then they would proceed to build the tanks. Attorney Garganese stated that the City's strongest position would be to stand behind the zoning regulations and the interpretation of the Building Official. He stated that there were two different bureaucracies at work with separate jurisdictions and many venues involved. The Council would need to work within the multiple venues and expend resources across all of those venues including involvement with the State Legislation and effectuating rule changes with the DEP. Mayor Randels summarized that if the Council supported addressing the issue at hand, then Transmontaigne could still apply for another construction permit. Attorney Garganese affirmed. Mr. Petsos added that if they denied the permit extension they would need grounds for denial. He clarified that they would use the original building permit for their case on the extension denial. Attorney Garganese replied that some of that would be relevant. Ms. Ruth Anders addressed the Council and stated that D E P' S letter stated that there must be a material fact to dispute. She stated that the public and City were not made aware of Transrnontaigne's permit application on something that made an environmental impact. Ms. Anders informed that their rules were so highly technical and specialized that they required a team of specialized engineers and attorneys for analysis. Nis. Anders read a portion of a DEP document that establishes the procedures to obtain a permit. She stated that the regulations were extremely difficult to interpret. Ms. Anders related that the citizens' group would be appreciative if the Council would substantiate the facts as presented by them in their three -page letter. Ms. Anders related how the applications appeared to be a cut and paste of highly technical data with no requirement for zoning location, the legal status of the existing location, or the proposed tanks in the community. Ms. Anders also pointed out how the headings were not contiguous and no one could identify a legal issue or if any existed. Ms. Anders introduced Mr. Rick Evans to provide his analysis of the technical information. Mayor City of Cape Canaveral, Florida City Council Regular Meeting April 3 2007 Page 5 of 15 Randels summarized that her request for relief from the Council was to void the original permit and reject the extension request. Ms. Anders clarified for Mayor Randels that their desire was for the City to substantiate the facts as stated in her letter about regarding the Coastal Fuels application. Mayor Randels concluded that the intent was for the council to review the facts as presented by the Solana Lakes committee as represented by Ms. Anders and for the council to find them correct. Mr. Richard Evans, 8921 Lake Drive, presented two documents to the council and noted that the key point was the maximum process through flow rate. He stated for the record that he was not qualified to operate a terminal; however, the second document quoted 'dice President Greg Pound, of Transmontaigne in a letter dated August 23, 2005 to Canaveral Port Authority. He asked the council to turn to page three of a 14 -page letter in which the Port was seeking bidders for alternative job site. Mayor Randels noted that they were working at a low capacity of their total availability. Mr. Evans stated the key fact that tank capacity turned efficiently at a rate of three to four turns per month. Mr. Evans referred to his spread sheet and noted that 25 annual tank turns, 2.1 tank turns per year not three to four time the tank capacity as stated. Mr. Evans stated that based on Mr. Pound's letter at three tank turns per month, the annual throughput rate at the low end of his range would be 453 million gallons, if they perform at the high number of four tank turns, the rate would be 804 million gallons and 195 trucks. Mr. Evans stated that these were the expansion numbers. Mr. Evans questioned the disparity in the application maximum throughput of 315 million gallons and Mr. Pound's statement of three to four tank turns monthly if he does four tank turns it is almost double that amount. Mr. Evans stated that four tank turns per month, would deliver considerably more and not the 315 gallons capacity as stated in their application. Mr. Evans stated that this appeared to be a material fact to him. Mr. Evans referred to page 2 of the spreadsheet and look at the three situations and if they deliver the tanks at the stated capacity that would be 101 transports daily. A transport to deliver, preset the load, to fill the truck, and disconnect was optimally performed in 18 minutes. He summarized that there would be 1, 828 minutes per day of loading not occurring with the new tanks. Mr. Evans supposed that they would need to build at least 1.27 more lanes operating 24 hours per day, seven days per week. However, if Mr. Pound's calculation of 3 to 4 tank turns were correct, then they would need to build 2 -3 more lanes to deliver fuel. Mr. Evans queried if the application covered every part of the expansion. Mr. Boucher summarized that in relation to their letter they were under capacity, so there would be a significant change in truck traffic. Mr. Evans noted the critical fact of throughput volume of 315 million gallons, which was in conflict with Mr. Pound's numbers of efficient operations of 3 to 4 tank turns. Mr. Boucher also noted that this would also effect emissions. Ms. Roberts re-- stated the importance of the council going on record. She asked if legal counsel were required. Attorney Garganese replied that the hearing was a legal City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 5 of 15 proceeding that required putting on evidence, a discovery process, disclosure of witness, such as was done in Circuit Court. Mayor Randels explained that Ms. Anders representing Solana Lakes in her fetter presented questions to the DEP. Mayor Randels brought out that the Council could adopt a Resolution expressing the City's opposition to the extension request and also to express its concern about the environment. He stated however, that this would not stop the request for an extension. Ms. Anders stated that her group approved the letter and they were aware the issue could proceed to court. she and the group wanted to go on record with DEP because they felt that they were denied due process. Ms. Anders stated how a material fact dispute was obscured in the application process. Ms. Anders also stated that the DEP had a constitutional right to provide due process, notification of the application for the permit extension, and an opportunity to present an opposing side. Mayor Randels asked the Council if there was consensus to go on record with a Resolution to oppose the extension due to the environmental concerns. Ms. Anders replied to Mayor Randels that she forwarded her Committee's reply by Certified Mail. Mayor Randels clarified that the City's strongest position was as a zoning issue through the Board of Adjustment. Attorney Garganese affirmed the position of the City's local zoning regulations. Mr. Boucher stated that 21 days to formulate a position and obtaining information from the DEP Orlando office was a difficult task. However, he hoped to see the community continue to participate in the disclosure process, which was helpful in gaining pertinent knowledge. Attorney Garganese replied to Mayor Randels that if the Council chose to address the extension, the Council would be unable to address the original construction permit. Ms. Roberts asked for a broader letter to address the specific concerns from Mayor Randels or the City Manager to convey the community's concerns with environmental impact in a local community. Attorney Garganese replied that her points were valid and one could effectuate a change. Ms. Roberts replied that if the City went on record then the City would have presented a consistent position. Attorney Garganese reminded that the deadline of April 13 was a jurisdictional deadline and the City would not have another time to address. Attorney Garganese explained the process and said that the State Agency would make the decision at the Administrative level and typically a notice of intent was published and respondents were given 21 days to submit a petition. Attorney Garganese explained further how the details in that the case would proceed to an Administrative Law judge and DEP could either make the recommendation or ignore it. He stated that he could evaluate further and return to the Council with a more complete brief discussing the standards, processes, and procedures. Ms. Roberts suggested a Resolution complimented by the letter to outline the City's broader and specific concerns and state the City's position in this immediate situation either from Mayor Randels on behalf of the Council, or from the City Manager. Mr. Boucher informed that the Council would need a special Meeting to Adopt a Resolution. However, Mayor Randels clarified that if the Council denied the extension it would not have much effect. Mr. Petsos agreed to a Resolution and also asked for the Council to City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 7 of 15 consider the three -page letter. Mr. Nicholas suggested a special Meeting on Tuesday, April 1 0th at 5:30 P.M. Ms. Anders reiterated the Committee's request was for the City's substantiation of its facts stated in their letter. The City Manager and the City Attorney would proceed to draft the resolution. Ms. Roberts requested a letter of concern addressing the broader issues to the Secretary of the Florida Department of Environmental Protection. Mayor Pro Tem Hoog requested to take the Resolution to the Board of Directors of the space Coast League of Cities for support to get DEP to notify local jurisdictions during their permitting process. Mr. Petsos suggested forwarding a letter along with a copy of the Resolution. He also requested an unsigned Resolution for the Mayor Pro Tem to take to the Florida League of Cities. Council agreed on drafting a letter as well. Ms. Joyce Gresham, of 8931 Lake Drive, informed that the notice of intent to issue a construction permit was in the name of Transmontaigne and there were two addresses for the property. she stated that she spoke with Ms. Julie Ferris of the DEP saying that residents were unaware of the identity of Transmontaigne as well as their intent to construct two new tanks. Ms. Ferris told her that if the company moved the tanks from the original permit, the company would need to apply for a new permit. Mayor Randels stated that they had not. Ms. Gresham stated that ad was not published in the name in which the company does business. Ms. Gresham expressed that safety was a concern as well as the environmental aspect. Ms. Barbara Morrison, of 8931 Lake Drive #503, questioned who has jurisdiction over construction in the State. Mayor Randels replied that the municipality has the final say especially on zoning. Ms. Annie Tannenbaum, 8941 Lake Drive, asked the City Manager if he received a written response on the air emissions complaint. Mr. Boucher informed that he received an E -mail response. He replied that they made an inspection and Coastal Fuels was found in compliance. Ms. Tannenbaum informed that compliance was a convenient term. She related how Mr. Michael Young confirmed that there was an odor of asphalt. As part of the permit process, no objectionable odor was allowed. Ms. Tannenbaum stated that the City could oppose on that basis. Mr. John Gedney wrote a letter that stated there was an objectionable odor. Ms. Tannenbaum stated that there was documentation of an objectionable odor. Mr. Boucher explained that DEP's response to the odor that they were using a high sulfur fuel oil in the asphalt tar process. Transmontaigne was supposed to obtain a different grade of fuel oil with lower sulfur content and that should have happened in raid -to late March. Mr. Boucher stated that if there were any future instances of an objectionable odor, he should be notified in order to follow up with DEP. Mr. Dick Biel, of 8951 Lake Drive, Apt. 305, thanked the Council for their intent to draft a Resolution. He posed the question of if Coastal Fuels re -filed their application was that an opportunity to object to their application. Mayor Randels confirmed that they would need to if they missed their extension deadline. Attorney Carganese questioned what issues City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 8 of 15 could be raised to not granting the extension. He stated that the issue would be specifically defined to constructing the tank. Ms. Gail Duncan, 5911 Lake Drive, submitted a joint letter of concern to the Council from her neighbors that could not attend the meeting. Mr. John Johanson, 310 Adams Avenue, agreed with the City Attorney that their permit was not relevant at this time and the City was better served not to address the extension. He agreed however with the letter and notifying the Legislators. A notion was made by Mr. Nicholas and seconded by Mr. Petsos to call for a Special Meeting on Tuesday, April 10 to Adopt a Resolution in Support of the Letter in opposition to the Florida Department of Environmental Protection. The vote on the motion carried 5 - o with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 2. Motion to Approve: An Authorization to Negotiate the Purchase of the Kabboord and Marder Properties. Mayor Randels explained that the City had an offer to purchase the named properties. Mayor Randels stated that the Council sought two appraisals for these properties. He explained that the City planned to use the properties for facilities expansion. Mayor Randels pointed out that the location had high visibility, easy accessibility and was available for purchase. Mayor Randels questioned if there were any interest in seeking an offer. Mr. Boucher replied that the property owner made a publicly disclosed offer of $2 million; however, the appraisals were kept at the Council's discretion and could be used for a counter offer. Mayor Randels sought consensus from the Council. Mr. Nicholas asked if the Council planned to demolish the existing building on the property. Council members concurred. Mr. Boucher informed that he provided a site layout of how the Sheriff's Department could be configured. He reported on 1.146 as the acreage. Ms. Roberts proposed that the City counteroffer with $1.5 million. Mayor Randels stated that the offer was within the appraised value. Mr. Petsos agreed with Ms. Roberts offer. Mayor Pro Tern Hoog referred to the Stottler property and pointed out its renovation points. Ms. Roberts pointed out that the temporary use of the Kabboord property would provide temporary residence for staff during the City's campus renovation. Mr. Boucher replied that his last offer from Stottler, Stagg on February 16, 2007 was $1.65 million with an additional $1 million for renovations. Mr. Nicholas stated that a new building had a probable cost of $2 million. Mr. Petsos pointed out that there was more anticipated renovation on the Stottler property than $1 million. Mayor Pro Tem Hoog replied that the City was seeking to purchase another piece of property without resolution to any plans. Ms. Roberts expressed that if the Council was seeking to retain a government campus, then the Kabboord property was more advantageous. Mr. Boucher announced a City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 9 of 15 Council meeting with Architect Design Croup [ADD] on April 17" at 5 :30 P.M.. Mr. Boucher explained their intent to combine the existing area and they were working with the City's existing property with a plan that would allow for more community type uses. He also explained how removing the Sheriff's Office from the configuration would allow for the public use spaces. Mr. Boucher stated that ADG was working on campus plan concepts. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve an Authorization to Negotiate the Purchase of the Kabboord and Marder Properties for $1.5 million. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Moog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayer Randels, For and Ms. Roberts, For. DISCUSSION. 3. Resort Dwelling Units. Mayor Randels stated that discussion would prohibit Resort Dwellings in the R -1 , R_2 and R -3 zoning. Todd Morley, Building official explained that the Florida Building code has four different residential occupancy classifications. He explained that R -1 referred to residential structures that were primarily transient of 30 -days or less, R-2 referred to residential structures that are primarily permanent but multi family, R -3 referred to the traditional single - family home and R-4 referred to child -care and assisted living facilities. The Florida Building Code requires that a change of use require a Certificate of Occupancy for the new use. So, basically if there were structures used for transient properties, then these properties required a permit for the new use. Mayor Randels disclosed that he met with one of the Investigators at the Florida Department of Business and Professional Regulations. Mayor Randels addressed the required change of occupancy classification. He pointed out that discussion was focused on the R -1 through R -3 categories within the Florida Building Code. Mayor Randels explained how 12 people home could legally occupy the occupancy load at 1,800 square foot, and a 2,400 square foot home could permit 16 people. Mayor Randels informed that a new building of 4,600 feet would allow up to 30 people. He stated that structurally those units did not have fire and safety for the type of occupancy. He informed that the City was referencing the 2004 Florida Building code. Mayor Randels informed that there were currently seven to eight properties that would need to request a change of occupancy classification. Mayor Randels sought the council and the Building Officials input on the issue. Mr. Morley deferred to the city Attorney for review. Attorney Garganese referred to his memo to the Council. The purpose of the proposed ordinance was a zoning regulation. It accepts the statute of resort dwellings and includes it in the City's zoning code. It would then be listed in the C -1 zoning district as a principle use. Because the State of Florida issued seven to eight licenses, the ordinance provides a grandfathering provision that allows those seven to eight properties to apply to the City City of Gape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 10 of 15 Manager for grandfathered -in status; however, in order to be grandfathered -in there were certain requirements. First, the properties needed to be in the R -1, R -2, or R -3 zoning district; second, the resort dwelling had to be in existence on November 21, 2006, which was the date of the first reading of one of the Draft ordinances; third, they need to demonstrate that they were licensed by the Division of Hotels and Restaurants of the Florida DBPR requirements; fourth, they have to demonstrate that they have paid applicable transient rental taxes which were applicable for payment under Florida law, and lastly, they also needed to demonstrate that the resort dwelling was in compliance with the certificate of occupancy requirements within 90 days of the effective date of this ordinance. Attorney Garganese pointed out that City Code required a new Certificate of occupancy on changing occupancy use classification. There were serious life safety issues because different fire and building code requirements apply to each use classification set forth in the Florida Building Code. The City was unaware if those resort dwellings licensed by the State of Florida comply with the life/ safety requirements in the fire and building code. That was something that needed to be determined to protect the safety of the person residing on the premises on a transient basis. if those resort dwellings could not meet those requirements, then they could not be grandfathered --in. The ordinance requires that the City Manager make the Administrative Approval for acceptance of the type of use and any individual who believes that they can meet grandfathered status would be required to complete an application and submit it to the City Manager within 30 days of the effective date of the ordinance and provide the necessary documentation. if the grandfathered status was granted, that grandfathered status could go away at some time in the future. The ordinance provided that if the resort dwelling was abandoned pursuant to the non - conforming use provisions of the code it would go away and the use would then comply with the current regulations. Further, the non - conforming use status could go away if the State of Florida ever revoked the resort dwellings license or the license expired or lapsed. Lastly, there were some technical amendments being proposed such as moving the minimum 7-day rental to the supplemental zoning district regulations rather than just being in individual zoning district categories and in conclusion the ordinance clarifies the intent and purpose of the R -1, R -2, and R -3 zoning districts by adding some language pertaining to residential character and integrity of those particular zoning districts. Mayor Randels explained that a resort dwelling was a transient residential type use under the Florida Building code with substantial life/ safety requirements. Mr. Nicholas asked if this changed the seven -day rental requirement. Attorney Garganese responded no. Mr. Nicholas also asked if there was an appeal to the City Manager's decision as to whether the existing properties were grandfathered -in. Mr. Nicholas questioned why the decision was placed on the city Manager. He pointed out that there was an Appeal process subsequent to the Building official's decisions. Attorney Garganese affirmed that there was an Appeal process in zoning matters; however, he saw City of cape Canaveral, Florida City Council Regular Meeting April 3, 2047 Page 11 of 15 this as an Administrative process. The City Manager would review the documentation to ascertain that it complied with the Code. He stated that the Building Official and the Fire Chief ultimately make the determination related to the Certificate of Occupancy. Mayor Randels informed that the individual has 90 -days to comply with the requirements. Attorney Garganese reminded that the Construction Board of Adjustment and Appeals would hear an appeal on a construction matter. Attorney Garganese replied to Mayor Pro Tem Hoog that on the Certificate of Occupancy the applicant has 90 -days. Mayor Randels questioned the Council on the matter of time. Mr. Petsos replied that it was not in light of the life /safety issues. Nis. Jamie O'Donnell of 350 Folk Avenue stated although she did not have a short -term rental, her rentals were long term, it appeared that the Council's intent would severely restrict a person's ability to use their property for short -term rentals. Ms. O'Donnell expressed her objection and informed of how a lease would state the terms with regard to the number of maximum occupancy. Ms. O'Donnell expressed that she did not understand the council's intent when regulations would define parameters. Ms. O'Donnell also stated that property values increased due to renovation on short -term rentals. Ms. O'Donnell concluded that rules could be established so why outlaw the resort dwellings. Ms. O'Donnell recommended adopting the regulations established by the State. Mr., Bjornar Hermansen, stated that the decision was beyond the council's ability due to State regulations. He explained that as criminal liability exists if there were loss of a life. Mr. Hermansen stated that the issue of the number of people was irrelevant. He said that life /safety was the predominate factor. Mr. Hermansen pointed out that there were seven existing short -term rental properties; however, he referred to an article in the Florida Today, which stated that renters occupied about half of the households in cape Canaveral. Mr. Hermansen stated that the task before the City was to address the seven existing short-term rental properties, but also to inform those 3,000 other unidentified renters that they were not in compliance. Ms. Jacqueline Stevens stated that she purchased a home at 510 Tyler Avenue in 1 999. She explained that she considered weekly rentals as a venire to supplement income. Ms. Stevens related how she was able to successfully rent out her property. She stated that every person would like the ability to augment his or her income at some time. Ms. Stevens expressed that although she was late in acquiring a permit due to personal issues, she would still like to obtain an occupational license. Ms. Stevens expressed that this exclusion was not fair. She did not see the point in precluding people from making an income if they were willing to come up to code for safety. Ms. Stevens emphasized that she did not see the need for a deadline. Mayor Randels stated that the deadline was established after the first reading. Mr. John Johanson of 310 Adams Avenue stated that once again the council needed to step back and address the broader issue. Mr. Johanson stated that the City was partly at fault for not knowing the regulations. He expressed that the short -term issue was a periodic bad neighbor. Mr. Morley clarified that the Florida Building Code was a technical City of Cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 12 of 15 guide to occupancy that could not be made more or less stringent by a local governing body without going through a technical amendment process in Tallahassee. Any change to the Florida Building Code would then apply statewide. Ms. Stevens re- stated that she did not see the fairness of a deadline. She stated that if the Council's intent was safety; she requested the opportunity to come up to code. Mr. Morley responded that 90-days was not practical to obtain a sprinkler system. Mr. Tom Hermansen, of 126 Surf Drive Cocoa Beach, displayed a list of transient and non - transient dwelling that were licensed by the State. He informed that the State requires for transient dwellings was minimal. Mr. Hermansen stated that the State officials perform inspections; however, the City Fire Department was also required to make inspections. He Concluded that the responsibility fell on the City to perform the inspections and failed communications existed between the City and the State. Mr. Bjornar Hermansen pointed out that the City might first tell the person how they would meet all of the criteria within the 99 -day requirement. He stated that the time limit was not widely disseminated in the community. Mr. Hermansen outlined, as a person in the transient dwelling industry, the current requirements to build a hotel as transient dwelling was five -- acres, 150-units minimum. He concluded that the Florida Building Code was the regulating authority for the smaller transient dwellings as well and Mr. Hermansen cautioned the City's culpability related to life /safety issues. Mayor Randels summarized that a State official related to him how if a resort dwelling operated as such then it should Come up to the necessary criteria for fire and safety. Ms. O'Donnell stated that if the Council looked at those smaller transient dwellings as small business people with economic strength in the Community and they should be allowed to come up to code. However, the Council should not restrict the smaller operations. Mr. Nicholas replied that she was speaking of operating a business in a residential zone. Mayor Randels clarified that she had no objection if the smaller operations met the Criteria. Mr. Petsos stated that he was opposed to placing a commercial industry in a residential area. Ms. Stevens commented and pointed out that there was apparent mixture of development within the City. Ms. Roberts asked if this item would be placed on the next Agenda as she had content issues. She expressed that it was good to gain the audiences input and she asked if there would be any of Council's input on the draft ordinance. Mayor Randels referred to the lateness of the hour. Attorney Garganese informed that the Council would need to send the ordinance back to the Planning and Zoning Board for recommendation. Ms. Roberts referred to Page 7 for the record and inquired of the City Attorney on transference of ownership. Attorney Garganese stated that he brought up in a previous meeting that he would remove the provision for eliminating non - Conformance status due to a transfer of property at the Council's direction. Ms. Roberts responded that they could sell the property to someone else; however, the intent was only with the life of those Currently owning the property. City of Gape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 13 of 15 Mr. Petsos stated that the City Attorney expressed concern with the defensibility of that in Court and he requested to return to the original thought and address it by an amortization schedule. Ms. Roberts stated that further discussion was needed and if the Council's intent was phasing out ultimately, then there needed to be provision for the phase out. Mr. Petsos stated that an amortization schedule to be fair to the seven or eight existing properties and also to be fair to the residents who came in earlier complaining about them operating forever. He concluded that the Council would need to phase them out eventually. Ms. Roberts asked if the comments would be brought forth at the next City council meeting. Mr. Nicholas expressed that the Council was prepared for a First Reading. Ms. Roberts stated that although the council would like to hear from the community, she requested time for council discussion. Attorney Garganese advised that the council discuss the Ordinance exclusively without input in order to gain consensus. Mr. Boucher clarified that the council would discuss the ordinance at their Special Meeting on Tuesday, April 1 7 th at 5:30 P.M. The ordinance would then proceed to the Planning and Zoning Board. 4, Administrative Appeals Related to the zoning Code of Ordinances. Ms. Roberts recommended postponing this item until the next Regular meeting. 5: Florida communities Trust Grant Application. Mayor Randels related that the City Manager requested a name for the project. Ms. Roberts asked for the City Manager's input from the meeting held that day. Mr. Boucher informed that he and the Recreation Director, Nancy Hanson, met with the representative from Trust for Public Land. Mr. Boucher informed how part of the grant application was indicating use of the land. Ms. Hanson stated that the day's discussion brought out a nature center. Mayor Randels brought out that the grant might carry more points if it were a nature center rather than a community center. Ms. Hansen related how the park's aesthetics were relative to a nature center with four boat slips, an area for a canoe and kayak launch, and many oak and palm trees. she stated that there were also many other grants to seek since the park was on the water. Mr. Nicholas explained how there was passive and active nature centers and he did not desire to restrict the park. Ms. Hanson replied that if it became a nature center, at a minimum twelve educational programs were required. Mr. Nicholas did not want to preclude having a building. #Ills. Hanson assured that as long as the City complied with what they required, she saw no opposition. Mayor Randels concluded that the city Manager and the Recreation 'Director would name the project and try to obtain as many points as possible for an active nature center. Ms. Roberts mentioned to call the park Canaveral Cove. City of cape Canaveral, Florida City Council Regular Meeting April 3, 2007 Page 14 of 15 6. North Atlantic Avenue Roadway improvements. Mr. Boucher deferred this item to the next Regular meeting_ A motion was made by Mr. Petsos and seconded by Mr. Nicholas to extend the meeting until 10:15 P.M. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. AUDIENCE To BE HEARD: • Mr. Douglas wilhart, of 290 Monroe Avenue expressed that the basketball court lights were too bright and he asked of there were a time restriction. Ms. Hanson replied that the lights extinguished at 9:00 P.M. Mr. Wilhart asked if someone could address his issue. Ms. Hanson replied that the lighting company representative performed a computer model on the impact of the lighting and she would address the issue. • Mr. Lamar Russell made remarks on the evolving nature of the Resort ]welling issue. REPORTS: 1, city Manager • Mr. Boucher announced that the Council decided on a special Meeting for April loth at 5:30 P.M. related to the Resolution in support of letter prepared by Ms. Ruth Anders, Mr. Boucher announced a Workshop Meeting on April 174h at 5:30 P.M. for Architects design Group to present the City facilities plan. ■ Mr. Boucher reported that on Tuesday, April 24th he contracted with Lead Brevard to facilitate the city's Visioning session for an all day meeting beginning at 8:30 A.M until 5:00 P.M. Mr, Boucher scheduled a sign code Workshop on Thursday, April 12 at 5:30 P.11ll. • Mr. Boucher reported that street Paving was tentatively scheduled to begin the week of April I5 #h . Paving would occur on the Presidential streets and Canaveral Beach Blvd. • Mr. Boucher noted that if the Council desired a code Review Meeting they would need to schedule that for any open date left in April or it would wait until May. • Mr. Boucher thanked everyone for the successful Art show over the weekend of March 31 and April I st . Mr. Boucher announced the space coast League of cities dinner hosted by Cape Canaveral on the following Monday. City of Cape Canaveral, Florida City Council Regular Meeting April 3,2007 Page 15 of 15 2. Staff City Clerk • No report. City Attorney • No report. Building Official • No report. Recreation Director • No report. 3. City Council Ms. Roberts • Ms. Roberts suggested an interview of each Council Member in order to help with the planning process asking the Council's top five priorities for brainstorming purposes prior to the Visioning Session. Mr. Boucher replied that the meeting required a group consensus; however, the Council could either submit their input to him or directly to Kristen Baake or Geo Roped with Lead Brevard. Ms. Roberts asked if the discussion was for one-year, five-years, or more Mayor Randels replied that the City was working on its Budget within a one-year time frame. Mr. Petsos reminded the funding could be earmarked however. Mr. Nicholas • Mr. Nicholas stated that the City should go on record with a letter of commendation to the Florida Department of Transportation on the State Road Al A street paving. Mr. Petsos • Mr. Petsos requested Council's consensus for staff to seek a rental car surcharge. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 10:21 P.M. O G Rocky Randels, AYOR � `- AL ‘rof Susan St' sP CM [,,.C LERK