Loading...
HomeMy WebLinkAboutMinutes 05-01-2007 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 'I'I Polk Avenue, Cape Canaveral, Florida TUESDAY May 'I, 2007 7 :0o 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: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Mayor Randels Called for a moment of silence in recognition of Ms. Nancy Hanson's passing, the City's first and only Recreation Director. Ms. Hanson served the City securing grants for school playground and ball field equipment. Ms. Hanson worked for the City for almost 29 years. Mayor Randels agreed with Mr. Boucher 's remarks at Ms. Hanson's memorial, that it was a sad day for the City. Ms. Hanson will truly be missed. Mayor Randels requested that when 1 0:00 P. M. arrived, the Council would take time to acknowledge Comments from the audience. Mayor Randels called on Mr. Jim Tuggle of Waste Management, Inc. Mr. Tuggle thanked the Council, staff, and audience for an opportunity to address the Council. Mr. Tuggle informed that the City of Cocoa implemented the Cart System and he used Cape Canaveral as an example of Current operation. Mr. Tuggle noted that during the route however he noticed some discrepancies in the City. He stated that re- education was needed with the Cart System process. Mayor Randels agreed that re- education was necessary perhaps due to rental properties. Mr. Randels solicited Comments from the audience. There was no audience response. City of Gape Canaveral, Fiorida City Council Regular Meeting May 1, 2007 Page 2 of 15 Mr. Boucher reminded Mr. Tuggle of the satisfaction survey that was due as part of Waste Management's one year anniversary implementing the Cart system. Mayor Randels noted the need for dumpster deodorizing. Mr. Tuggle replied that if Mayor Randels would provide the specific information, he would address the issue himself. Ms. Bea McNeely asked if a day was provided yet to collect the old trash receptacles. Mayor Randels replied that perhaps either not enough advertising was done for the collection day or some people may have decided to keep their receptacles. He recommended that waste Management notify the city and advertising would occur. Mr. Tuggle informed that Keep Brevard Beautiful did pick up some receptacles; however, he would notify Larry Weber of the need for another pick up. A resident informed on how trash was not picked up due to parked cars in front of the pick up area and this was an inconvenience to the driver. She stated that renters were the predominate violators. Ms. Roberts asked if the City needed marked parking opportunities. Mayor Randels responded that such parking exists at the beach ends. The resident cited Jackson Avenue as the location. Mr. Boucher made note to alert the Sheriff's office. Mr. Tuggle affirmed for Mayor Randels that the 64- gallon carts were available. CONSENT AGENDA 7. city Council Regular Meeting Minutes of April 17 2007. 2. city Council Special Meeting Minutes of April 17, 2007. 3. City Council Special Meeting Minutes of April 10, 20075 4. Proclamation for National Public Works Week. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. Ms. Roberts questioned if the City planned to do any significant activity in honor of its Public Works employees. Mayor Randels replied that in some times past the Public Works [department was opened to the public; however, with the Public Works Directors departure, it might not occur this year. Mr. Boucher responded that he would address Ms. Roberts' issue. The City clerk made note that she cited the typographical corrections pointed out by Mayor Randels and Ms. Roberts in the April 17 Regular Meeting Minutes and the April 1 7th Special Meeting minutes. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tern Hoog to Approve Consent Agenda Items No. 1 through 4 with corrections noted in the April 17 Regular Meeting Minutes and the April 17, 2007 Special Meeting Minutes. The City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 3 of 15 vote on the motion carried 5-0 with voting as follows; Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: S. Motion to Approve; First Responder Agreement with the Board of county Commissioners of Brevard County. Mayor Randels explained that each year the County enters into an Interlocal Agreement with the municipalities to reimburse the cost of materials used by Advanced Life Support. Mr. Boucher stated that the Port Unit would receive its share as well as the City its share. Mr. Boucher noted from county Fire chief Farmer how in light of Property Tax Reform the City was cautioned not to include this funding into the subsequent year's budget. A motion was made by Ms. Robert and seconded by Mr. Petsos to Approve the First Responder Agreement with the Board of county commissioners of Brevard County. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, Far; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 6. Motion to Approve: 2008 cape Canaveral `Images in Art" Festival at Manatee Sanctuary Park. Mayor Randels informed that this the Business and cultural Development Board's first Art Festival. Ms. Joanne Muncey, Business and Cultural Development Board member, replied that she enjoyed the festival and she expressed that the vendors were of high quality and she received positive feedback from some of the vendors. Ms. Dianne Marcum, Vice Chairperson of the Business and cultural Development Board, reported on the festival as a venue to draw attention to Manatee Sanctuary Park since several of the citizens had not yet visited the park. Mayor Randels noted the upcoming event for March 2o and 30 of 2008. There were 70 vendors at that past event. Mayor Pro Tem Hoog noted a difference in the attendance number in Council's packet. Mayor Randels noted that there were 2,500 and not 800 people in attendance. Mayor Pro Tem Hoog stated that he would like to see more promotion for next year's event. Ms. Roberts noted better signage on state Road Al A to find the City Park and she also noted the need for additional seating in the park. Mayor Randels commended the Board for their work. A motion was made by Mr. Nicholas and seconded by Mayor pro Tem Hoog to Approve the 2008 cape Canaveral "Images in Arty' Festival at Manatee sanctuary Park. 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. City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 4 of 15 7. Lotion to Approve: Purchase and sale Agreement for the Kabboord Properties. Rev Mayor Randels stated that the proposal on the Kabboord properties was $1,825,000 for the five Kabboord lots and the three Marder lots. He explained the offer and counter offer process concluded with Mr. Kabboord's acceptance of the city's counter -offer for $1.825 million. Mayor Randels informed that Mr. Kabboord had a deadline for an answer; however, the city Attorney would draft the documents. The City was responsible for the Title Insurance; however, the seller was responsible for the Broker's fees as well as the property appraisals. The Seller would also pay for the Environmental Report. The City has until May 22nd to determine the feasibility of the Environmental Report. Ms. Roberts asked when Dr. Storts would move from the premises. Mr. David Kabboord responded that Dr. Christine Storts would be out of the premises by June 1. Mr. Kabboord announced that he had the Environmental Report available. Mr. Nicholas stated that this was his first time viewing the contract and he preferred a Workshop to discuss the contract details. Mr. Nicholas stated that the process was expedited and the Council was considering an approximately $2 million purchase. Mr. Boucher informed that the city closed the fiscal year with a little over $5 million in the General Fund Reserves with $1 million towards paving and the $1.325 million would come from that fund. Mr. Boucher stated with the Florida League of Cities Bond program, the City was seeking 4.5 percent. The League performs a statewide needs assessment in order to leverage the bond cost that was especially helpful to small cities. Mayor Randels explained how the council received the contract on March 23 and by April 3rd negotiations began as the reason for the expedited turnaround. Attorney Garganese explained further that the due diligence agreement would expire on May 22" however, much of the due diligence was already performed. The Sellers were giving the city a survey, the Environmental Report was received today, and the Title work was anticipated within the next few days. Attorney Garganese stated that the council had another three weeks, if the Council were to approve the Agreement this evening. Attorney Garganese clarified that the Council had until May 22nd to complete the due diligence and ensure that it was suitable for its purposes. Attorney Garganese replied to Mr. Nicholas that the price was accepted at $1,825,000 and the Seller was paying some of the due diligence costs. Mr. Nicholas asked how much the City was putting down to bind the contract. Attorney Garganese replied $15,000 to bind the Kabboord property, but Mr. Kabboord had a $5,000 deposit for the other contract which the city would reimburse at closing. Attorney Garganese explained that the City had until May 22 d under the contract to complete its due diligence and if it were not suitable for the City's purposes, then the City would seek its earnest deposit and cancel the contract. Attorney Garganese replied to Mr. Nicholas that all other costs were due at closing which was due no later than .dune 12 and unless there were some title problems of which the city were unaware, the closing would occur before that time. Mr. Petsos reminded of how obtaining the property connected with the Council's previous Workshops City of cape Canaveral, Florida City Council Regular Meeting May 1 2007 Page 5 of 15 for a campus design of city Hall. Mr. Nicholas summarized that the city would consider purchasing the property to relocate the sheriff's office, which would connect the City Hall complex, but separate the Sheriffs office and City Hall buildings. Mayor Randels explained that some selling points for the property were: 1) the land was available at this time, 2) the City was dealing with one seller, 3) high visibility from State Road Al A, 4) easy access for the public and the Sheriff's Office staff, 5} the City would also have an overflow parking lot on Polk Avenue, 6) the property connects the campus design, 7) many of the City's service calls were on the east side of State Road Al A, 8) no temporary quarters were needed for the Sheriffs Office while a new building was constructed, 9) 24 -hour service calls, and 10) this would also allow for transfer of City Hall staff during the new City Hall construction. The city Attorney and City Manager would work with Mr. Kabboord on the property transaction. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the Purchase and sale Agreement for the Kabboord Properties. 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. DISCUSSION: 8. Central Florida Regional Growth vision. Mayor Randels explained how this survey brought out how legislators among several counties envisioned growth. He reported that the committee, My Region, began discussion as early as August 2002. The committee made projections that resulted in a report using transparent overlays to depict growth within a base of seven counties. Mayor Randels pointed out that 51 percent of the Brevard county region was identified as protected areas and informed that by the year 2025 the City would be characterized as a "megatropolis" with the Orlando region moving steadily east. Mayor Pro Tern Hoog stated that the City's comprehensive Plan already brought out some of the survey's points. The survey was the result of what was occurring in the Orlando/ central Florida area. Mayor Randels noted that the city's stance at this point was preparation. Mayor Pro Tem Hoog made not of development west on State Road 528. Mayor Randels stated that this does not over -ride the city's locally adopted Comprehensive Plan. Mayor Randels concluded that this was not an action item; however, there was a need to monitor development. Ms. Roberts brought out that one of the items to address was care of the ocean and Brevard County had an opportunity to care for the ocean. Ms. Roberts also brought out that other parts of the County were addressing the use of salt water and she saw the need to partner with other beachside communities on this issue. Mayor Randels replied that City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 6 of 15 Representative Bob Allen's initiative for water de- salinization required a large power source. Mr. Petsos concluded that there was no support and no funding. Ms. Roberts highlighted this as an opportunity to address water concerns. Mr. Randels reviewed some of the County's water sources. Ms. Roberts summarized this as an opportunity for the City to address: 1) caring for our oceans, 2} looking at de- salinzation opportunities, 3) referring to item 3(b), the Business and Cultural Development Board's concern of museums, public art and historical perspectives, 4) the City's view of rapid transportation capability coming to Cape Canaveral from Orlando. Ms. Roberts stated that some of the longer -term issues on the Orlando move east would come into discussion when addressing the community. Mr. Petsos concluded that unfortunately when light rail was discussed it was shortsighted. Mr. Petsos expressed that he did point out the need for care of the ocean. 9. Administrative Appeals Related to the Zoning Code of Ordinances. Mayor Randels explained that the item was related to Administrative Appeals from City Code Section 110-334. Ms. Roberts stated that the concern carne to her from the northeast section of the City. She expressed their concern that the City Council was not part of the process related to the Appeal of the Building official's decision on the Coastal Fuels issue. Nis. Roberts referred to section 110 -187 and asked the Council to address the issue from an historical perspective to provide explanation to the community and if there might be some consideration of a different process to involve Council either before or after the issue would reach the Board of Adjustment. Attorney Carganese explained that prior to the Municipal Home Rule Powers Act of 1974 all municipal authority was expressly stated in the Florida Statutes, which address this Board, called the Board of Adjustment, and provided certain authority for the Board. After the Municipal Home Rule Powers Act was adopted, the municipalities were provided Horne Rule. Most municipalities simply carried forward the statutory schemes into their municipal codebooks. The Board of Adjustment would commonly serve as a separate Board that hears Appeals of the interpretation of the zoning code. In summary, it was somewhat of a statutory relic and certainly within the Council's power to change that scheme. Ms. Roberts expressed how the elected officials at this point were not at liberty to hear citizen concerns. Attorney Oarganese explained that the Building Official makes the interpretation and renders a decision and the Board of Adjustment hears the Appeal. Attorney Carganese concluded that only the Council has the legislative authority to change its laws. Ms. Roberts expressed the concern of those in the northeast section of the City to the Council and she asked to hear other Council members' views. Mr. Nicholas replied that the Board of Adjustment followed the various guidelines as set forth by the Council. He stated that the Council might want to review the Appeals subsequent to the Board, rather than to have the City Council sit as the Board of City of cape Canaveral, Florida City council Regular Meeting May 1, 2007 Page 7 of 15 Adjustment. He also pointed out the subsequent increased workload. Mr. Nicholas stated that he could understand the citizen concern; however, for some other aspects he expressed this as more detail that the council might not need to become involved in and the council relied on the expertise of the Building official. Mayor Pro Tem Hoog expressed that the Board was astute in the zoning laws and he did not choose to interfere in their judgments unless Ms. Roberts would like to see a council member bring a decision back where there was not agreement. He did not believe that they would make any decisions that were detrimental to the city. Mayor Randels affirmed that the city Council or the Planning and zoning Board could request an Appeal to the Board of Adjustment. However, Mr. Nicholas expressed he was speaking of an Appeal from the decision of the Board of Adjustment, otherwise a next step after the Board of Adjustment prior to proceeding to circuit court. Ms. Roberts explained that any group that makes an Appeal of the Building official's decision, then citizens should have the right to express their view to the council as their elected officials. Although they were not taking away anything from the voluntary Boards, they felt that issues of importance should come before the elected officials. Mayor Pro Tem Hoog cautioned on the additional workload. Ms. Roberts asked the City Manager on the number of times the Board had met. Mr. Boucher replied that there were few Special Exceptions and Variances to date. Mr. Petsos clarified Ms. Roberts expressed concern that citizens' preferred to have the Council's input as their elected officials. Mayor Pro Tem Hoog explained that he attended most of the Board meetings and he informed that many people might not leave the meeting satisfied with decisions. Ms. Roberts stated that she desired to have the council as some part of the process. Mr. Nicholas concluded to place this item on an Agenda and to have the city Attorney draft some language to address the Appeals process. Discussion occurred on setting the fees. The Building official stated that the zoning fees required adjustments. Mr. Boucher stated that city staff would review the fees associated with this process. 10. North Atlantic Avenue Roadway Improvements. Mayor Randels referred to a depiction of the North Atlantic Avenue Roadway Improvements and he summarized that one option called for a scaled back sidewalk to gain roadway for widening, and the other option would make the street a city street and discourage all other traffic except for local traffic. Mr. Boucher was seeking discussion and input from the council. Mr. Petsos expressed his preference for the two -lane roadway. Mr. Petsos stated that this was a design similar to Ridgewood Avenue and he expressed the importance of the stop signs to allow for the ability to turn into adjacent roads and allow for a true community feel in a roadway. Mr. Boucher reported that the county was at 30 percent in identifying the existing conditions. Mayor Randels reported that the County estimated $1.366 million to construct athree -lane roadway allotting $200,000 to St. John's for drainage. Mayor Randels replied to Mr. Nicholas that the engineering was performed from Central Blvd. heading north. Mr. City of cape Canaveral, Florida City council Regular Meeting May 1 2007 Page 8 of 15 Nicholas stated that all work, although performed in phases, needed to be done as one road. There was some discussion on burying the utility lines. Ms. Roberts mentioned a Workshop to gain community input. She pointed out, given the popularity of North Atlantic Avenue, that the two -lane road was favorable. Ms. Roberts expressed her appeal with an additional option that would continue to preserve the beauty of North Atlantic Avenue as a pedestrian and bikeway and this would continue to preserve its aesthetic value. Mr. Nicholas pointed out that there was much development in that area and unfortunately, the development would continue. He commented on the projected increased traffic with the condominium conversion in oak Manor versus that of the previous mobile home park. Mayor Randels read from a letter from Ms. Trudy Golday, of 8646 North Atlantic Avenue. Ms. Golday expressed her contest with expanding the roadway and stated how the traffic along North Atlantic Avenue needed to slow down, not speed up due to bicycles and pedestrian traffic. She noted that there were no curbs and imminent danger to pedestrians. Ms. Golday pointed out how trucks destined for the Port also traveled the road. She concluded that a two -lane road with a bike path on one side and a walking path on the other, curbs to offer a slight buffer to traffic, a speed limit of 26 miles per hour, stop signs similar to Ridgewood Avenue, and only local trucks were her recommendations. Ms. Go #day asked the council not to agree on a highway for North Atlantic Avenue. Ms. Roberts stated that a two -lane approach might help with some of the safety aspects. Mayor Randels suggested a traffic light in front of Villages of Seaport and Portside Villas to serve some 900 residents. Ms. Roberts stated that another critical juncture was Shorewood Drive and North Atlantic Avenue. Mayor Pro Tem Hoog made note of the need for a turning lane. Mayor Randels summarized that perhaps wider and faster was not a plan and resident input would assess what the community desired. Mr. Boucher replied to Mr. Nicholas that the city did not desire to assume the road until the County completed its funding for the improvements. Mr. Nicholas stated that interested citizens needed more information. Mr. Boucher reported that Council requested at a previous meeting to review a warrant study for stop signs and the locations identified were: Shorewood Drive for a three -way stop and Harbor Heights and oak Lane as a four -way stop. Mr. Nicholas stated that he would like to see a community workshop to present the compiled information. Mr. Boucher responded that once he obtained feedback from the county Traffic Engineers he would have data available, and then he would proceed with a town meeting to gain community input. Resort Dwelling Units. Mayor Randels requested to designate time to conclude discussion on this issue in order to accommodate general comments from the audience. Mayor Randels reported that a serious safety situation existed in that the city staff did not have the authority on the premises for purposes of inspection. Therefore, certain safety regulations exist with transient properties, which were not a permitted use. Mayor City of cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 9 of 15 Randels explained that the city did not have a Code to address the issue as a permitted use. Mr. Nicholas clarified that the Council, or the city, did not create the problem but brought it to light. Mr. Boucher explained that the State and City staff wants some clear direction on how these types of uses would be allowed or not allowed i n the community. He stated that the City could enforce the issue; however, enforcement would occur at staff's own risk. If the council were to make it permissible, then staff would have done enforcement for nothing and upset people. Mr. Boucher explained further that the city acknowledged, whether it was a permitted use or not, safety was the concern. There was no way to ascertain if the property met code and unaware persons were innocently left in harm's way. Mr. Boucher summarized that there were two enforcement mechanisms: 1) if they were not permitted uses, then close them down, or 2) if they are permitted uses, then regulate them and allow them to come up to the life/ safety standards. Mr. Petsos asked how the City Gould address them coming up to life/ safety standards within a time line. Todd Morley, Building official, clarified that the City's mechanism for enforcement was the code Enforcement process. The City could send the Code Enforcement officer out there with a Violation order. Mr. Morley explained that the permit for a Certificate of occupancy related to use was necessary. He then questioned why he would lead a property owner to apply, if the property was not permitted for the zoning district. Mr. Nicholas questioned if adopting the ordinance would resolve the problem. Mayor Randels explained that the item was for discussion purposes and the ordinance would then proceed to the Planning and zoning Board for review. Attorney Garganese affirmed that this was the process. Mr. Nicholas stated that in order to address the life/ safety issue, then adopting this or another ordinance was the step to attainment. Mayor Randels explained that the Draft ordinance in discussion was dated March 27 Basically it clarified the intent of providing for resort dwelling in C--1 zoning and established a non- conforming status for resort dwelling in the R -1, R -2, and R -3 zoning. At a previous meeting a motion was made to send the ordinance to the Planning and zoning Board; however, it failed on a vote of 2 to 2. Mayor Randels reviewed some of the Draft option language as: 1) grandfathering non- conforming properties and the number of days to come into compliance, 2) another was to provide another cut -off date other than November 21,2006, 3) also, referring to page C, changing the time to come into compliance from 00 days to 180 days to get the Certificate of occupancy, and 4) referring to the top of page 7, also changing the time to come into compliance from 90 days to 180 days in order to get everything done. Mayor Randels stated "grandfathering" was a major issue and regardless of circumstances, everyone would need to follow the same rules. Mayor Randels clarified that the council was only addressing four units or less. Mr. Nicholas expressed his desire to keep the process moving. Mr. Lamar Russell, Planning and zoning Board Vice- chairperson, questioned if the Council intended to vote on the subject. Mayor Randels clarified that the Council would only discuss the matter at this time. Mr. Boucher stated that the council could by City of Cape Canaveral, Florida City Council Regular Meeting May 1 2007 Page 10 of 15 consensus forward the matter to the Planning and Zoning Board. Ms. Roberts referred to Page 7 and requested to add to the Mayors list, "shall lose its non - conforming status should one of the following occur." Ms. Roberts stated that this was not protecting the City from the sale of the unit or from transition to a family member. Mayor Randels referred to Section 110 -485 which related to the Resort Dwellings as non - conforming uses, specifically page 7, top of page, paragraph D, "any resort dwelling shall lose their non- conforming status if," and the provision listed such instances as, "if the resort dwelling is abandoned, if the Division of 'Hotels and Restaurants of the Department of Business and Professional Regulations revokes the dwelling license for any reason, or if the license expires or lapses at any time." Ms. Roberts stated that the language was included in a previous version and she asked why the provision was eliminated. Attorney Garganese explained that the provision was in a previous version and discussion brought out how to make the Ordinance more enforceable and what could be done to make that happen and he recommended eliminating that provision. Ms. Roberts stated it a major issue to eliminate the provision. He responded to Ms. Roberts that the City could incur a major legal issue with an attempt of enforcement. Ms. Roberts stated that the next use of the property through transfer would not be a permitted use. Attorney Garganese explained that once the use becomes non- conforming, if the Council were to adopt the ordinance, terminating the non - conforming status would be subject to requirements that were laid out in case law. If you connected the termination of the non - conforming use to the ownership of the property, the city would have a problem enforcing that provision. Attorney Garganese stated that he could provide specific case law. Mr. Petsos asked if the City could include an amortization schedule. Attorney Garganese affirmed and stated amortization schedule was related to time and not ownership. Mr. Petsos stated that one of the Drafts recommended an amortization schedule if not the amount of time. Mayor Randels clarified that the council attempted to discuss what was defensible and revocation based on time was defensible. Mayor Randels made note for the Board to discuss an amortization schedule. Ms. Roberts questioned the city's enforcement provisions and asked if there were a process in the City for businesses to follow. Mr. Boucher explained what would happen subsequent to a Fire Inspection in that duel enforcement would occur between the City and the state. Ms. Roberts questioned if the City had in its process a revocation of a receipt. Mr. Boucher replied that a Business License was not a revocation Instrument it was a tax. Mayor Randels read the provision for Non - Conforming Use from section 110 -197, Abandonment, which was the specific requirement in the zoning code. Attorney Garganese responded to Ms. Roberts that Section 110 -197 was the general provision in the Zoning code for termination of Non - conforming Uses. without those specific requirements in the Code, Non -- conforming Uses would be allowed to continue and it was a City enforcement mechanism. Attorney Garganese reminded from a previous meeting of the discussion to allow nonconforming uses to expire if there were a certain City of Cape Canaveral, Florida City Council Regular Meeting May 1 2007 Page 11 of 15 number of code enforcement violations attributed to that non - conforming use. This was something that the Planning and Zoning Board could address. He explained a probable cause of loss for non - conforming status if it rose to a certain level of egregiousness. Attorney Garganese provided the example that if the city were to allow a non - conforming resort dwelling and the resort dwelling could not operate within public safety requirements imposed, then they would become a public safety problem and would then lose the non- conforming status. Ms. Roberts asked if that was an appropriate place for the city to add a Part D to take certain initiatives under certain circumstances that exceed Abandonment and the state's provision. Attorney Garganese affirmed. Ms. Roberts asked if this would be connected to the chronic nuisance ordinance. Attorney Garganese replied that it could be targeted to resort dwellings and certain safety problems that may occur or, it could be connected in general to all non - conforming uses. This matter required further review. Discussion concluded that a timeframe, such as within three to six months, to apply for a resort dwelling license was necessary for inclusion on page 6. Mr. Petsos expressed his concern with allowing for additional operations and the intent was to eventually phase -out operations. Attorney Garganese phrased for clarification the Council's desire for the Planning and Zoning Board to consider a time frame to allow new resort dwellings in the R -1 , R -1 and R -3 zoning districts. Nis. Roberts clarified only for a short time. Ids. Roberts expressed concern for those residents who were not aware of the City's intention in November and they should be given period of time to make a decision. Mr. Petsos expressed that the last point was would the council only allow Resort Dwelling in C -I zoning. Mayor Randels related to a referendum that voted for residential use only on the ocean and the Banana River. Mr. Nicholas explained that there was a provision that large apartment complexes could have commercial amenities and that was subsequently removed from the code. He explained that the city went to subsequent referenda on Zoning density and building heights. The people voted for lower density and limited building height. 'Lamar Russell related that the residents desired to protect the shoreline, rivers and ocean. Mr. Nicholas informed that Royal Mansions began to rent on a daily basis and in response to that the Council passed the minimum seven day rental provision and Cape Winds which was constructed at the same time, fell under the same provision. Mr. Nicholas replied to Mayor Randels that before Royal Mansions there was no provision at all for a time limit on rentals. Mr. Boucher explained that the Council would need to receive the results of the Planning and Zoning Board discussion. Mr. Boucher related that life safety codes were paramount and staff needed direction, then City would respond accordingly. Mayor Pro Tem Hoag expressed that permitting at the state level was another fallacy, enforcing their own rules and not communicating their intent to the city. Mr. Boucher related that the State representative informed that the licenses were issued without the regional office's knowledge. Mayor Pro Tem Hoog informed that the 'Fire Department was also not informed. Mr. Boucher related how the County shut down five operations under dual enforcement. Ms. Roberts emphasized her concern with section D, Part 11 in that the City needed a part in the safety issues to protect the community, regardless of State City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 12 of 15 requirements. Mr. Boucher replied that the City could not revoke a State license. Ms. Roberts said that the City did allow non-conformance. Ms. Helen Filkins stated that she lived in Cape Canaveral for 37 years and also stated how she was in favor of retaining a residential community. She expressed that the Council's discussion appeared in favor of resort dwelling units. Ms. Filkins informed that a referendum in 1973 established that the City residents desired a residential community. Ms. Filkins related on the concept of rental units and how it started in cities such as Miami who began initiating rental property provisions. Mayor Randels stated that the State had already issued licenses and having met the qualifications, they could renew them annually. Attorney Garganese clarified that there were two issues: the state issued license and the City's zoning code. Ms. Roberts pointed out one of the community concerns was addressing the four dwellings or less. The larger issue was to set the tone in the best interest of the City and set standards for rentals for 30 days or less. Mayor Randels responded that in all zones except Industrial, a seven -day rental provision existed in the Code. Ms. Filkins questioned if that could be rescinded. Mayor Randels explained how an allowable zone was sought. Ms. Filkins stated that many people buy homes with intentions, such as renting the property; however, the City did not have to accept those intentions. Ms. Filkins expressed the concern of those who were adverse to permitting rentals in residential areas. She related on the positive comments that she has received regarding the Cape Canaveral community. Ms. Filkins said that the Council should state what they were for or against. Mayor Randels explained that addressing zoning would allow for rentals in C -1 zoning. Ms. Filkins re- stated that Council's discussion appeared to express its favor on the issue. she re-- stated the Council's need to express their intention. Ms. Filkins concluded by relating on the City's history and then stated hove the City should name a street after a notable resident Mr. Roger Dobson. Mr. Sjornar Hermansen of Merritt Island commended Ms. Filkins. He then expressed his understanding with the Council's intent to protect people's rights. However, he explained that the Council would allow people to operate illegally. Mr. Hermansen used operating a bar in a residential neighborhood as an example. He stated that operating a resort dwelling was a life safety issue. Mr. Hermansen stated that once City officials were aware of fife threatening activities then the overwhelming evidence was for the Council to take action. He stated that the City was in serious contravention of Federal, State, and County life/ safety issues. Mr. Hermansen stated that even if the hotel industry were not required to take such precautions, they would, due to the life/ safety aspect. Mr. Hermansen made note of how former Mayor Frank Hoog did not desire hotels on the beach or the river, shortterm rentals and he questioned why his son was not of the same mind. Mayor Randels stated that he made not of Mr. Herma nsen's statement on the Council protecting people's rights to conduct an illegal activity and that was not his intent. Ms. Jamie O'Donnell expressed how there were strong feelings on both sides of this issue. She stated that if a person desired to operate a short-term rental, then they needed City of Gape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 13 of 15 to meet the life/ safety requirements as well as issue hefty tickets for illegal parking. Ms. O'Donnell stated how the council should place the issue on the ballot and allow the residents to vote for their preference and let the people decide. she stated that this would remove the council from the decision. Ms. O'Donnell replied to Mayor Randels that those properties in operation would come under an emergency measure and come into compliance. Ms. ,Jacqueline Stevens, owner of 510 Tyler Avenue, expressed that the purchase of a nice home was more beneficial to a community that was formerly known as "crack" Canaveral. she briefly discussed the rise of families a residential community that would subsequently create a school tax burden. Ms. Stevens stated that the ordinance would not affect the apartment dwellings on her street and she asked why the Council was targeting the small property owner. Ms. Stevens stated that the Council would make a greater impact if they would target the larger complexes. Ms. Stevens referred to the safety issue and stated that the building codes in place did not apply to the residential property owner. She asked if the condominiums were required to abide by State regulations. Mayor Randels referred to the building code and clarified that in moving from a permanent R -3 use to a transient R -1 use, then more specific requirements related to lifelsafety issues applied. Mr. Lamar Russell, vice Chairperson of the Planning and Zoning Board, explained how the issue transformed from behavior issue to a quality of life issue. He stated that the Ordinance drafted was an effort to change behavior. Mr. Russell stated that zoning only changes development behavior, not personal behavior. However, a nuisance ordinance would change personal behavior. Mr. Russell stated that the Planning and Zoning Board might not return the ordinance in the same manner as it was received. Mr. Russell related on the divisiveness of the issue. Mr. Russell pointed out that there might be more people affected then understood. He stated that those affected have standing with the Court. Mr. Russell related how spot zoning could be taken to Court. He explained that 500 votes could take a seat. Mr. Fussell described how 45- seconds changed a City Manager's life and the same could happen over this issue and subsequently change the Council. Mr. Russell pointed out the law of unintended consequences and explained how a divisive Council filtered into divisive Boards. He stated how a different Council might not have the current council's intentions. Mr. Russell expressed that the Board was also divided. He explained how the Board might also have intentions differing from the Council. Mr. Russell asked if there were any way to address the safety regulations and then address the nuisance regulation portion. He concluded that zoning would not enforce behavioral change. Ms. Roberts expressed how there was a juncture in the road to either preserve the City's residential character or to become a beachside community that allows for resort dwellings. She stated that there was a clear -cut path that the council could take and she expressed favor with Ms. Filkin's recommendation. Ms. Roberts stated that she favored discouraging short -term rentals in residential zones. Ms. Roberts also expressed her concern that the City of cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 14 of 15 larger scope, the properties larger than five units, was not being considered in the discussion. Attorney Garganese replied that a zoning perspective was within the council's purview. He explained that using State definitions of certain types of uses, such as resort dwellings was being used in the Ordinance. However, there was another type of resort dwellings, resort condominium, which applied to time - shares. Attorney Garganese explained that the Council's quandary was to decide where council wanted resort dwellings in the Code, until then a quandary existed related to life/ safety regulations. Attorney Garganese affirmed that the City and the State could enforce the life /safety Codes; however, the decision was where the Council wanted the uses to occur. Attorney Garganese clarified that the City Manager had information relating to four units or less; however, addressing the larger units required a substantial amount of information. Ms. Roberts summarized and related to Ms. Filki ns' Point of whether or not the Council's intent was short -term rentals in the city and if so, in what zoning district. Afterwards, the Council could address the design of the implementation. Mr. Petsos clarified that the Council was forwarding the issue of four units or less to the Planning and zoning Board. He also questioned if a referendum were a property rights issue. Attorney Garganese replied that generally a voter approved zoning ordinance would be treated the same as a Council approved zoning ordinance. The Courts would not make a distinction. The chair called for a consensus that the meeting would continue Past the designated 10 :00 P. M. conclusion time. council members agreed by consensus to continue to the meeting. Mr. Petsos clarified that the Council was seeking discussion from the Planning and zoning Board and they were not mandating to them. Attorney Garganese clarified the issues for the Planning and Zoning Board to discuss as: 1) An amortization Schedule; 2) Elimination of Non - Conforming Status for Resort Dwelling if there were a certain number of code violations attributed to the Resort Dwelling, and 3) To allow additional time for new resort dwellings to be licensed by the State in the R -1, R-2, and R -3 zoning districts, with special emphasis that the additional time be a short period of time. Attorney Garganese affirmed to Ms. Roberts that the nuisance ordinance language was covered in the code enforcement verbiage. Mayor Randels clarified that the Ordinance was seeking permitted resort dwellings in the C -1 zoning district. Mr. Nicholas reminded that some of the issues would not return to the Council. Ms. Filkins also reminded that the Planning and zoning Board was only a recommending body and the council had the final decision. City of Cape Canaveral, Florida City Council Regular Meeting May 1, 2007 Page 15 of 15 Mayor Randels stated for the record that it was the consent of the majority of ma or" ! Council to forward the issue to the Planning and Zoning Board for further review. Mr. Boucher addressed the issue of the larger multi family units and stated that if 51 percent of a multi-family condominium were short-term rentals, then the life/safety requirements applied. Mr. Boucher related from the Fire Chief that if they were inspected as a residential condominium then they were acceptable; however, if they fell under Chapter 509 for short-term rentals, then he had to agree with the State and the units would need to upgrade accordingly. On a final note, Ms. Stevens stated that she like others were entitled to their opinion and she expressed that as a community, aside from this divisive issue, there should not be expressed animosity among neighbors. REPORTS: Due to the lateness of the hour, there were no reports. AUDIENCE TO BE HEARD: There were no comments from the audience. ADJOURNMENT: CThere being no further business, the Chair adjourned the meeting at 10:15 P.M. 3 i = Rocky Randels, AYOR Susan'St s, 'CMC, CI RK C 3