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HomeMy WebLinkAboutMinutes 04-17-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I I I Polk Avenue, Cape Canaveral, Florida TUESDAY April 17, 2007 7 :00 PM Iu1Li111 1 � 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 Mayor Council Member Council Members Absent Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Stormwater Administrator PRESENTATION Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Leo Nicholas Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Jeff Ratliff Mayor Randels called on Ms. Judy Hale to present the 2007 Spring Beautification Award. Ms. Hale called on Ms. Marcia Lambert of 8200 Orange Avenue to receive the award. She informed that the residence was Ms. Lambert's mother's home. Ms. Hale commented on the impressive landscaping over the years and related how Ms. Lambert added to the upkeep. Ms. Lambert informed that many plants were low maintenance and she also credited her family for helping her to maintain it. Mayor Randels related that her mother had served on the Beautification Board. Mayor Randels announced the Annual Trash Bash on Saturday, April 21' Mr. Hale requested that volunteers meet him at Cherie Down Park at 8 A.M. for the event. He would provide a bag, gloves, water, and suntan lotion. Mrs. Hale suggested that if just two City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 2 neighbors would clean their street, this would significantly improve the City's aesthetics. She stated however that Cape Canaveral was one of the cleanest cities so there was not much litter. CONSENT AGENDA: I. City Council Regular Meeting Minutes of March 20, 2007. Mayor Randels asked if any Council Member, staff or interested party desired to remove Item No. 1 for discussion. Attorney Garganese noted a correction on page 5, in the second paragraph to strike the word diligence and insert the word process which read that, "the City acted with due diligence. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Consent Agenda item No. 1 as amended. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, Absent; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 2. Motion to Approve: Appropriation of Funds for the Buchanan/ orange Avenues Drainage Project. Mayor Randels explained how the City would lose the $100,000 Community Development Block Grant [CDBG] towards the project at Buchanan and Grange Avenues if it did not proceed without the anticipated Federal Emergency Management Act funding. Mr. Ratliff explained one of the city's options to accept the CDBG of $1 00,000; however, the City would need to contribute $74,900. He stated that the project would be completed within a few months; however, the City would contribute more in option 2. Mayor Randels clarified that Option 1 would accept the $1 00,000 CDBG and the City would contribute the remainder. He informed that if the City received the FEMA grant, if would not occur for another year. Mr. Petsos expressed his favor to accept the Option 1 and to accept the $100,000 CDBG and he stated that the funding for the remaining costs would come from the Stormwater Utility Fund. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve option 1: Appropriation of Funds for the Buchanan/ orange Avenues Drainage Project. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, Absent; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 3 3. Motion to Approve: Counter offer on the Kabboord and Marder Properties. Mayor Randels explained that this counter offer was for property to the north of City Hall where the Atlantic Veterinary office was now located. Mayor Randels explained further the Enterprise Car Rentals contracted for the property; however the City expressed an interest and Mr. Kabboord offered $Z million for sale. Mayor Randels informed that the City had two MAI Appraisals performed and the City Council then counter offered $1.5 million to Mr. Kabboord for the property; however, Mr. Kabboord subsequently counter offered $1.92 million for the property. Mr. Kabboord explained how he had a contract from Enterprise in hand. Mayor Randels pointed out the property location on the northeast corner of State Road Al A and Polk Avenue and explained that Mr. Kabboord submitted a package which included three lots owned by Ms. Marder and five lots that he owns. Mayor Randels informed that the property purchase was considered for the Sheriff's Office. He explained how there were few lots available for public safety purposes. Mayor Randels explained some of the benefits such as the properties being sold by one owner and the high visibility. Mayor Randels stated that the property purchase would tie in the campus plan for the Library, City Hall, Recreation, and Public Safety buildings. Mayor Randels pointed out the opportunity for separate access for Sheriffs Office personnel. He also stated as a strong point that the majority of the City's service calls were on the east side of State Road Al A. Mayor Randels related how the Architects recommended purchasing a building which would allow for the convenience of staff transfer during the new building construction. Mayor Randels also pointed out that the Sheriffs office was open on the weekends and offered 24-hour, 7-days per week service to the public. Mayor Randels spoke on these as some of the benefits. He summarized that the Council's task was to decide on the purchase. Mayor Randels pointed out that Mr. Kabboord's original offer was $2 million. He stated that the City submitted a buyer offer of $1.5 million. He noted that in the Council packet Mr. Kabboord included his contract for the Marder properties of $825,000 and if that were subtracted from the original offer $1.055 million remained. Mr. Kabboord was paying $274,499 per lot for the Marder properties to compile the package and his lots were $219,000 each. Mayor Randels said that after removing Mr. Kabboord's fixed costs, $1.085 million would remain. Ms. Roberts stated that the normal process would be to counter Mr. Kabboord's counter- offer. Mayor Randels reminded that Mr. Kabboord had a contract offer in hand for Enterprise Rent-A-Car. Ms. Roberts clarified that the contract with Enterprise was to lease and not to buy. Mr. Petsos agreed with a counter proposal but stated that $1.95 a stretch. The City Manager related to a previous property offer for the Stottler, Stagg and Associates building for three - quarters of an acre and 7,000 square feet of office space for $1.85 million which the Council declined. Mr. Petsos stated the rationale of purchasing the property on State Road A1A and not returning to the Stottler property. Mr. Boucher then clarified for the record that the Stottler Building has 5,280 square feet. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 4 Mr. Petsos proceeded to point out that the Stottler property was not adjacent to the City Hall campus and he was not in favor of another car rental facility. He concluded that for those reasons he would consider a counter offer. Mayor Pro Tern Hoog pointed out the advantageous benefits of using the Kabboord property in the City Hall master plan. Mr. Petsos pointed out that the City would need to return to this juncture again in future years due to insufficient space. Mayor Randels explained how the City has been working with Architects Design Group who performed a Space Needs Analysis up to the year 2025. Mayor Randels noted how the current Sheriff's Office was 7,000 square feet with a need for 15,255 of square feet. Mayor Randels pointed out that the Stottler, Stagg building at 6280 was smaller for the Sheriff's Office than the existing building. Mayor Randels summarized that the consensus was for a counter- offer. Ms. Roberts explained to Mr. Petsos that Mr. Kabboord presented the property as a complete package and the adjacent property was independent and if the City did not accept the offer the properties would return to separate consideration. Mr. David Kabboord, owner of Kabboord Properties, stated that he placed the Marder property under contract in order to simplify the purchase process. Mr. Kabboord informed that he had a leasing contract with Enterprise Car Rentals for 5 -years with two, 5 -year extensions. Mr. Kabboord stated that he put together reasonable prices for the City's consideration. Mr. Kabboord informed that he negotiated his best offer for the Marder properties for the package. He said that the Council could make a counter- offer; however, his price was firm. If the Council had any further questions he was available. Mayor Randels stated that he was amenable to the $1.95 million. Ms. Roberts expressed the need for a counter -offer in good faith to the community. Ms. Roberts made a motion to counter-offer for $1115 million. The motion failed for lack of a second on the $1.75 million counter - offer. Ms. Roberts mentioned the two appraisals and expressed it to be mindful of those on behalf of the community. Mr. Petsos pointed out how the property would benefit the campus design. Mayor Pro Tem Hoog stated that he was aware of the appraisals; however he was thinking of the City's future. Mr. Petsos suggested and Mayor Pro Tem Hoog agreed to counter offer for $1.825 million. Ms. Roberts went on record stating that the $1.825 million counter -offer was too high for the City. The City Manager and the City Attorney would draft a counter -offer proposal. Mayor Pro Tern Hoog expressed to Mr. Kabboord that if there were any way he could help the City it would be greatly appreciated. Mayor Randels publicly thanked Mr. Kabboord for his assistance in transferring a certain individual from one property to another. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Counter-Offer at $1.825 million. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Absent; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 5 4. Motion to Approve: Annual Audit for the Year Ending September 30, 2008. Andrea Bowers, City Treasurer, stated that the Comprehensive Annual Financial Report [CAFR] included the time period of October 1, 2005 through September 30, 2008. The CAFR provides financial reports, information on the City's assets, and a brief concept of the City's statistical summary. Ms. Yvonne Clayborne, Audit Director, of McGladrey and Pullen formerly Bray, Beck, and Koetter informed that the City's CAFR was again presented to the Governmental Finance Officer's Association for an Award of Excellence. She stated that the City owns the document and McGladrey and Pullen own the audit and control and compliance reports. Ms. Clayborne stated that the firm conducted the Audit in accordance with Generally Accepted Auditing Standards and Government Auditing Standards. The unqualified opinion stated that the financial statements were presented fairly in all material respects and presented the financial position of the governmental activities, the business activities, the fund information, and the respective changes in financial position, basically the revenue and expenses. She referred to the Management Letter which was the City Manager=s document and was un- audited; however, it was reviewed for consistency with the financial statements. The report on Compliance and Internal Control was tested for compliance with laws, regulations, contracts, and grants. Internal Control was also reviewed for risk assessment. No instance of non - compliance and no material weaknesses of internal control were found. Ms. Clayborne referred to Pages 85 through 90 in the Management Letter. She noted that the only two comments were repeated in the current year which related to new accounting and audit standards. Ms. Clayborne reported on the anticipation of a Code of Ethics due to the Enron activities and next year's audit approach would reflect that change. The City Council was encouraged to present a Code of Ethics for inclusion in the Personnel Manual. This would establish written proof of ethical expectations. Ms. Claybome referred to an Approved Vendor List which would allow for solicitation and purchasing from approved vendors upfront using the list. This would leverage the City's purchasing power, coordinate control of the purchasing process, allow for greater efficiency, and was considered by many to be a "best practice. Ms. Clayborne referred to Fund Balances on page 18 of the document. She pointed out how the City has maintained a benchmark of 64.98 percent in the Unreserved Fund Balance. The firm anticipated a policy of set asides for 2.5 to 0 months. Ms. Clayborne referred to Long -Term Debt per population of $15 per citizen below a benchmark of $227 per citizen. Ms. Clayborne reviewed Governmental Fund Debt Service versus Expenses. Cape Canaveral was at .53 below the benchmark five percent. She pointed out that the City had the ability to leverage this buying power to obtain debt should the City consider it a need in the future and could still remain below the benchmark. Ms. Clayborne informed that for the City to remain below 10 percent was considered favorable overall and the City was at 3 percent. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 6 Ms. Clayborne reviewed Govemmental Fund Revenues by Source and pointed out how the properties of previous years were coming online for inclusion in the City's property tax rolls and the valuations have increased over the years as well as the tax base. She informed that the City Council was challenged with finding other revenue sources. Ms. Clayborne informed that charges for services have remained relatively stable. She noted that although building permits were down, miscellaneous revenue such as investment income had increased with more money available for investments. Ms. Clayborne referred to Governmental Fund Expenditures and noted Public Safety which includes Fire, Police, and Building Code Officials as the City's largest expense. The other areas of City government have maintained a fairly stable base. Ms. Clayborne referred to the Sewer Fund and noted a small fee deficiency in the revenue stream for the Sewer Fund. She explained how historically the Sewer Funds in the governmental industry was self- sustaining. Ms. Clayborne reminded that the City would want to realize enough to cover operating expenses and then set aside for Capital replacement. Mayor Randels noted how the Council took corrective action and pointed out how the expenses versus revenues leveled out over the last three years. Ms. Clayborne related that the numbers were evidenced from maintenance efforts such as the sewer pipe slip lining project that helped to maintain the infrastructure and allowed the City to handle its sever capacity. Ms. Claybome stated that the City had much capacity remaining for its sewer system. She stated that the City infrastructure was sound. Mayor Randels pointed out that the City to this date had no bonded debt. Mayor Randels stated that in 2004 the tax millage was $3.45 per thousand, $3.37 per thousand in Zoos, and $3.00 per thousand in 2006 and again in 2007. Mayor Randels stated for the record that the date for the paving project would begin on Monday, April 30 He informed the audience that the Council set aside enough funding to perform the paving project to mill, grade and place crowns in the road. Mayor Randels referred to the auditors suggestion to establish a Fund Balance Policy to set aside funding for a specific purpose. Ms. Clayborne explained how a formal policy would provide a written intent and would keep a future Council from denigrating the funds and would assist the current Council with setting priorities. Mayor Randels also referred to the auditor's advisement of a Qualified Vendors List. Ms. Bowers clarified that the City Manager would still approve large purchases. Ms. Roberts stated that the Qualified Vendors List was done at the Federal level and the Vendors had to meet certain quality standards. Mayor Randels encouraged the audience to seek out the CAFR for information on the City's finances. Ms. Clayborne noted that the statistical section was re- structured due to the Government Accounting Standards Board 42. She also noted that trend data presented in three and not ten years; however, each year's data would be added until the City reached ten years under the new procedures. Mr. Boucher thanked fills. Bowers and her staff for managing the financial processes. He advised that going forward the City was in a healthy financial standing; however, in light of the State property tax reform the City needed to remain mindful of large expenditures. Ms. City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 7 Clayborne credited Ms. Bowers for continued work on the audit in the aftermath of the roof collapse in the Finance Department. Ms. Roberts asked Ms. Clayborne if she had an examples from other cities of a Code of Ethics as well as Vendor practices. Ms. Clayborne affirmed that examples were available to the firm. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Annual Audit for the Year Ending September 30, 2006. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Absent; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 5. Resort Dwelling Units, Mayor Randels informed that the City Attorney has drafted an ordinance on the issue. He related the Council's concern for the neighboring properties as well as an owner's property rights for use. Mr. Boucher summarized that the draft ordinance prohibits resort rental dwelling units in the R-1, R -2, and R -3 zoning, with an amortization compliance scheme. At the previous meeting the Council accepted public input; however, this meeting would provide for Council's input before accepting public comment. Mayor Randels explained that the zoning code of R -1 through R -3 had a different meaning in the Florida Building Code. He stated that R -1 zoning in the Florida Building Code included transient dwellings, and R -Z and R -3 related to permanent dwellings. Mayor Randels clarified that the Council's discussion included one through four unit dwellings. Mr. Morley stated that discussion would relate to one through four units only. Mayor Randels referred to Chapter 509, Section 242, Item (g) from the Florida Department of Business and Professional Regulations that defined resort dwellings. Mayor Randels read the definition. Mr. Morley stated that dwelling unit was synonymous with a dwelling house and a time share owner expressed his concern at a previous meeting; however, the definition was presented to clarify the previous four conditions and he asked the Building Official bring out this point for clarification. Attorney Garganese stated that the proper way to read it was that it applied to one, two, three, or four family dwelling houses or dwelling units. M r. Morley agreed that he would read It that way as well. Attorney Garganese stated that throughout the evolution of this process, the State licenses a certain type of commercial establishment called a resort dwelling. This ordinance says whatever the State licenses, this is where it could be located in the City pursuant to the City zoning code and that is why the definition in the Code and the definition in the Statute were the same. Mayor Randels asked if there were any reason to change City code section 110 -488, relating to the prohibition of renting of less than seven days. Mr. Morley responded that that was in additional restriction in the City code. Mayor Randels pointed out that the term might give anyone in the hotel industry some concern since the code reads that it shall be unlawful for any person to rent a dwelling unit City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 8 for less than seven days." Attorney Garganese stated that one would refer to the definition of dwelling in the Zoning Code in Section 110 -1. A dwelling unit was defined as, "one room or rooms connected together, constitution a separate independent housekeeping establishment for owner occupancy, for rent or lease, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities." Mr. Boucher clarified that section 503.242 defined hotels and motels as public lodging establishments not dwelling units. Attorney Gargenese pointed out that there was a separate definition in the city's zoning code for hotels which means, "a building or combination of buildings in which lodging was provided and offered to the public for compensation and duly licensed pursuant to chapter 503 under single ownership and operation, etc." Mayor Randels concluded that the language would exclude hotels which rent by the day. Mayor Randels summarized that the next step would forward the ordinance to the Planning and Zoning Board for review. Attorney Garganese clarified that the Council would discuss the item first. Ms. Roberts referred to page 2 of the ordinance and questioned the case law precedent. She stated that some residents had expressed concern with subjecting themselves to any case law. Ms. Roberts asked the city Attorney if there were case law that the city should be taking into consideration. Attorney Garganese responded that there was much case law and probable opposing view. He proposed that some individuals would claim a vested right and they would have to meet certain criteria in case law. Attorney Garganese brought out that one of the things that this Ordinance does was allow anyone who was duly licensed have an opportunity to continue and that was for purposes of protecting someone who may claim to have a vested right. Attorney Garganee stated that it might not be on point; however, they could extrapolate from another case. Ms. Roberts also referred to the bottom of Page 2 and read the text verbatim. She questioned if the language covered all of Council's intent. Ms. Roberts raised this as a discussion point as it related to the safety interest and the residential character. She asked were there any other considerations. Mayor Randels pointed out that the safety aspect was the driving point of the ordinance. Ms. Roberts referred to Page 5 that referred to in C -1, low density, commercial district the following uses and structures are permitted which includes resort dwellings duly licensed by the State. She asked if the City would also want to include some language for those resort dwellings that have been licensed by the State. Attorney Garganese explained that if someone came to the City and desired to operate a new resort dwelling in the C -1 zoning district, it would be a permitted use provided that it was licensed by the State. In addition, even though it was not stated, if it required a change of occupancy, they would need to comply with another section of the code, such as building and fire codes. Nis. Roberts questioned for clarification that Section 110 -332 still allowed for some safeguards. Attorney Garganese responded that nothing abrogates any of the other applicable codes. The operation could be duly licensed by the State; City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 9 however, if the building failed the building and fire prevention code requirements, the building could not be occupied as a resort dwelling. It would be unlawful. Ms. Roberts stated that all those who were licensed as of November 21 , 2040 were allowed and she asked if the City was allowing for any other applicants. Ms. Roberts referred to Section C, on Page 7 that related to the procedure in which the City Manager would prepare a Written Notice of Non - Conforming Use Status and she expressed her concern with safety issues in that they were not mentioned in the Section. Attorney Garganese explained that if the applicant shows that they have complied with Subsection (b), then the City Manager would issue a Written Notice of Non- Conforming Use Statutes. Attorney Garganese explained that in order to show or demonstrate compliance with Section 110 -121 it would require that the Building Official and the Fire Chief sign -off . They are the only persons with that authority under those applicable codes to make those determinations. The City Manager would have to rely on those two other officials to verify non - conforming use status. He could not make those determinations on his own. Ms. Roberts stated that the language might need simplification for the public's sake; however, she had no suggestions at this time. Attorney Garganese explained that there were other silent overlapping codes. He recommended amending the language to read," upon verification that a non - conforming resort dwelling use status exists, under Subparagraph (b) above, the City Manager shall... " Mr. Petsos asked it the language could be clarified to state a change of use. Mayor Randels stated for the record that discussion was under Page 0, Section 110 -485, Subparagraph (b) and to insert the language, change of use. Mr. Morley pointed out that he was referring to a change of occupancy. Attorney Garganese clarified that technically it was a change of occupancy. Attorney Garganese explained that Mr. Petsos was correct in saying that a change of use results in a change of occupancy classification under the Building Code which then calls for different requirements. However, not all changes of use result in changes of occupancy classifications. Ms. Roberts asked if the Council planned to leave the language as stated or provide for some clarification. Ms. Roberts referred to Section D, and she recommended a Section D, Number 3 that would read, "the City determines that the dwelling does not meet the safety requirements or Certificate of occupancy standards." Mr. Morley replied that the Fire Department would add this to their list of items for annual inspection. Ms. Roberts expressed her concern with waiting for a State inspection. Ms. Roberts explained that a citizen had expressed that there were some undesirable practices and these units should be automatically changed by the City. Attorney Garganese explained that if a resort dwelling became a chronic violator, then those dwellings would be eliminated. Ms. Roberts called for a third point that would allow for that action. Attorney Garganese stated that if the Council adopted additional performance standards at some point, certainly those would be included, but broader. Ms. Roberts stated that if the State's recourse were to not renew the license that might be immediate and the City needed to City of Cape Canaveral, Florida City council Regular Meeting April 17, 2007 Page 10 take immediate action if an unsafe situation exists. Mayor Randels asked the Building Official what the City would do if the occupancy was exceeded. Mr. Morley replied that Code Enforcement was the first step and the City would call the State and the annual renewal cycle would be interrupted. Ms. Roberts expressed that the city should add a third prerogative to take action. She stated that when safety was involved the Council should take immediate action to remedy the situation. Attorney Garganese advised that the Council might want to include this with Code Enforcement violations. He requested to give this consideration. Attorney Oarganese explained that there were other situations in which the City might desire to take immediate action even so far as to seeking a Court injunction. In other types of situations wherein over a period of time someone becomes a chronic nuisance, perhaps a penalty of a loss of non - conforming -use status could occur. Ms. Roberts recommended after the passage of this ordinance an allowance of 60 to 90 days for those who did not have an opportunity to apply the right to apply, Mr. Petsos stated that he disagreed with that view in that this placed a commercial establishment in a residential community. He said that this would not only allow continuance of existing operations but also add new ones. Mayor Pro Tem Hoog asked for someone to explain the difference between someone renting by the day/ week/ or month as an industry or an individual renting their property in a residential district. He agreed with more time for people to come into compliance. Mayor Pro Tern Hoog also stated his favor with a nuisance ordinance. He stated that the Council would drive people underground; however, the rentals would continue. Mayor Pro Tern Hoog restated for someone to convince him of the difference between someone renting in R -1 and R-2 by the month and someone renting in the commercial district by the week. Ms. Roberts stated that safety was her number one concern and there was a statistical reporting that demonstrated the safety difference for a short term rental. Mayor Randels clarified that Ms. Roberts was pointing out that a transient rental classified a different characteristic. Mr. Morley read that a higher potential of risk occurred within group the R -1 transient. He stated that the R -3 permanent, single- family was more stable in that these occupants were more familiar with their surroundings. Mayor Pro Tem Hoog pointed out that seeking the fire exits was a priority for any person in a transient situation such as a hotel room. Mr. Morley replied that the difference was familiarity levels and familiarity bred safety. Ms. Roberts expressed conceal on behalf of the residents absent from the meeting who had concerns with the neighboring transient population and its different environment and she stated the concern with safety in the different nature of the transient weekly rental. However, the resort dwelling definition called for less than 30 days which provided some degree of stability. Mayor Pro Tem Hoog stated that he.resides in a single - family home adjacent to rental property. He informed that due to the high - dollar cost of resort rental properties, he did not feel that transient accurately described these people who were in no way indigent. Nis. Roberts noted that she resides next to the Ron Jon's cape Caribe resort that has a transient population that affected the quality of life and security for residents of Solana City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 11 Shores. She stated that it has a constant environmental effect on their quality of life, and the whole intent was to preserve the residential quality and nature of the City. Ms. Roberts stated that they could testify first hand of a lack of a quiet, residential community for those who live at Solana Shores next to a highly transient community. Ms. Roberts said that although Mayor Pro Tem Hoog thought that a chronic nuisance ordinance would suffice, they would need to apply the ordinance every day. Mayor Pro Tern Hoog re-- stated that he resides in a rental area, although not near a hotel; however, he stated that he did not see a difference people between people who come and go daily in his neighborhood or near a transient rental community. Mr. Petsos referred to a petition signed by residents who were not in favor of having transient neighbors. Mayor Randels summarized that the length of time was not conclusive to whether a neighbor was good or disruptive. Ms. Roberts emphasized that the nature of a vacationer was different from the nature of a residential person. Mayor Randels pointed out that residents reside next to the hotels in Cocoa Beach. Mr. Petsos replied to Mayor Randels that there were at least three council members in agreement on the issue in discussion. Ms. Roberts stated that she requested for more time for those who did not have an opportunity to apply for operation; however, she emphasized that the Council needed to move forward and take steps to preserve the City's quality of fife. Ms. Roberts expressed that the council could either have a beachside resort city or a residential city and she concluded that not taking prevented steps would allow for a beachside resort city. Mr. Petsos informed that there were more units than were disclosed. Ms. Roberts stated that the City was setting the tone and this would set a precedent that the city was moving toward a beach resort community. Mayor Pro Tern Hoog replied that there was no difference if a resident were renting property. Mils. Roberts stated that she did not fault the investors for using the property for investment purposes; however, she emphasized the need to set parameters. Ms. Roberts stated that if an investor was allowed to operate 30-day rentals in an area other than C -1 zoning, this was allowing for a change. Mayor Pro Tern Hoog stated that residential rentals have existed throughout his time of living in the community and it has not changed. Mr. Petsos stated that the city could either honor its mission statement and remain a residential community or proceed to become a resort rental community. He stated that the City needed to abide by the State statutes. Mayor Pro Tern Hoog responded that establishing the type of residential community that was being proposed would not allow for people to rent their property. Mayor Randels concluded that every resident in Cape Canaveral bought their property with the right to operate weekly rentals. Mayor Randels replied to Ms. Roberts that she purchased in a condominium community over which the City had no rights. Ms. Roberts stated that a number of residents expressed their concern that a weekly rental environment was constructed after their purchases. She expressed the thought that she purchased with the intent of residing in a residential community. Mayor Randels stated that he was not in agreement with prohibiting residential resort dwellings to the C -1 zoning district. He stated it was their City of Cape Canaveral, Florida City Council Regular Meeting April 17, 2007 Page 12 legitimate legal right. Ms. Roberts replied that the Council would be taking away for the permanent resident a quality, quiet residential community when weekly rentals were allowed next to them. Mayor Randels replied that that was an enforcement issue. He replied that at this time not all have the right legal requirements for operation; however, he was not in favor of eliminating someone's property rights. Ms. Roberts related the difficulty of contacting the Building Official, Code Enforcement, or the City Manager to address behavioral problems with the transient rental dweller who leaves the area before the problem can be addressed. Mayor Randels responded that the weekly renter was actually the weekly owner because they own the property for that length of time if it were a time share. Mr. Petsos said that the adjacent residents had to tolerate the transient vacationer. Mayor Pro Tem Hoog related how he notified the police to address behavior problems with neighboring renters. He explained how a strong enforcement ordinance would allow for the issuance a citation. Ms. Roberts explained that the challenge for the residential owner was the fact of a transient situation that required action every week which disturbed the quality of life for that resident. Mayor Pro Tem Hoog explained how identifying problems beforehand would mean a violation would occur if the renter did not adhere to the established rules. Ms. Bea McNeely, Planning and zoning Board Chairperson, reviewed that in 1998 the Board developed the hotel ordinance to cover every base using strict requirements. She asked why at this point there was continued discussion on hotels. Mr. Petsos stated that this would allow for mini - hotels throughout the community. Ms. McNeely informed that the Board discussed the requirement for hotels in order avoid a plethora of small hotels such as bed and breakfast's and sideline establishment. she noted how the Board set its focus on what the City would allow instead of identifying what was not acceptable. Mayor Pro Tem Hoog stated that a single - family home renting on the beach was not defined as a hotel. Ms. McNeely opined that the Council was the elected officials and the final decision rested with the Council. Mr. Petsos reminded Ms. McNeely that legally the Planning and Zoning Board were required to review zoning issues prior to the Council's decision. Mayor Pro Tem Hoog stated for the record that he did not desire to be a party in removing the rights from a property owner. Ms. Roberts concluded that a no vote was costly to the City in its residential mission. Mr. Petsos stated that the Planning and zoning Board had heard all of the input from the citizens and the Council. A motion was made by Mr. Petsos and seconded by Ms. Roberts to forward the Resort Dwellings ordinance to the Planning and Zoning Board. The vote on the motion failed 2-2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Nicholas, Absent; Mr. Petsos, For; Mayor Randels, Against and Ms. Roberts, For. Attorney Garganese clarified that the motion failed until the vote could carry by majority. Ms. Roberts requested to place the item on the item for the next City Council meeting. City of Cape Canaveral,Florida City Council Regular Meeting April 17,2007 Page 13 The following items would be deferred to the next City Council Agenda for discussion. 6. Central Florida Regional Growth Vision. 7. Administrative Appeals Related to the Zoning Code of Ordinances. 8. North Atlantic Avenue Roadway Improvements. { Mayor Randels announced the Guns and Axes Charitable Softball Tournament on Saturday, April 21st, at Space Coast Stadium beginning at 6:00 P.M. AUDIENCE TO BE HEARD: There was no additional comment from the audience. REPORTS: Due to the lateness of the hour, there were no reports. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 10:00 P.M. , O Gnu C-- tk.ktlIS2 Rocky Randels, MAYOR Susan Is C CITY CLERK