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HomeMy WebLinkAboutMinutes 10-17-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 'I'I Polly Avenue, Cape Canaveral, Florida TUESDAY October 17, 2006 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Council Member Mayor Pro Tern Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director PRESENTATION Burt Bruns Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Fall Multi- Family Beautification Award Ms. Mary Jo Laws made the Presentation to Mr. John Grandlich representing the Ron Jon Cape Caribe Resort, Inc. that maintains the Shorewood Dn've property. Mr. Grandlich accepted the award and thanked the city. He expressed his pride in the Solana Lakes, Solana Shores and Shorewood community. Mayor Randels informed that the Cape View students decorate pumpkins each year to light the entrance of the Resort. Mayor Randels noted that the city Attorney, Anthony Garganese and Usher Brown, from the firm of Brown, Gargenese, Weiss and D'Agresta were recognized for Best Lawyer in 2007 for the State of Florida. Mayor Randels also noted that the Hometown News received recognition as the hest publication in the nation. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 2 of 12 BOARD INTERVIEW: Betty Darney, Beautification Board Ms. Damey affirmed that all of the information on her application was true and correct to the best of her ability. Ms. Damey stated that she was already on the Beautification Board for Cape Shores and she lived in Brevard County for 30 years. she expressed her love of the City and that she was energetic and desired to devote her time to the Board. The Council expressed their thanks to Ms. Damey for wanting to serve. Mr. Petsos informed that Ms. Damey also served with Keep Brevard Beautiful as well as being a poll worker. Mayor Randels stated that a Resolution to appoint Ms. Damey to the Board would appear on the next Council Agenda. CONSENT AGENDA 1 . City Council Regular Meeting Minutes of October 3, 2006. 2. Proclamation for City Government Week. 3. Resolution No. 200644; Appointing Members to the Beautification Board (Mary .Jo Laws, Paula Collins, Elizabeth Mars). 4. outdoor Entertainment Permit for Halloween street Dance Scheduled for Monday, October 30, 20061F 5. Proposal to Repair Stormwater Inlets in the Amount of $8,425 by Mudrak Engineering and Construction Company. 6. Proposal to Clean Two Stormwater Baffle Boxes in the Amount of $6,000 by Eq u itas sewer services, LLC. 7. Proposal to Construct sidewalks on Monroe and Polk Avenues in the Amount of $35,937 by Mudrak Engineering and Construction Company. 8. Landscaping services for Center street Park, Banana River Park, Manatee Park and South Drainage Ditch, 9. Proposal for Holiday Landscaping in the Amount of $12,060 by Green Blades of Central Florida, Inc. 10. Canceling the Regular fleeting of November 7 th and Scheduling a special Meeting to Certify the Election Results on November 9 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. City of cape Canaveral, Florida City Council Regular Meeting October 17, 2005 Page 3of12 A motion was made by fir. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda sterns No.1 through 10 as submitted. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tenn Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. Mr. Nicholas pointed out that no date was provided to reschedule the meeting under Item No. 10. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to cancel the Tuesday, November 7 meeting and reschedule to Thursday, November 9 th . The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 11. Proposed Contract for city Hall/ Police Department Needs Assessment and Design in the Amount of $51,575. Mr. Boucher outlined the scope of the Needs Assessment and Design project: 1) a spatial needs assessment, 2] to inventory the City facilities, 3) citing future facilities, and 4) developing the master plan. Mr. Boucher recommended approval. Mr. Kevin Ratigan, Senior Vice President, of Architects Design Group, Inc. was present for questions. Mr. Ratigan summarized the scope and stated that the Master Plan would provide the cost upon Council's approval. He stated that there are many natural amenities in place and the Design Group planned to propose a realistic plan and to accommodate the City's future growth needs. Mr. Nicholas expressed his preference for a lover height level concept with a separate police department. Mr. Ratigan replied that the intent is to study the city's needs prior to creating the actual design. He informed that the City Manager supplied him with previous studies; however that design would not work for the community. Mr. Ratigan replied to Mayor Randels that he anticipated returning to the Council in January and looked forward to construction within 2007. Mayor Randels pointed out a 17 percent savings in the project by excluding the sales tax. Mr. Ratigan explained that this is a savings on sales tax for any materials purchased in the project. Generally, labor is 50 percent of the cost and materials are 50 percent of the cost and the savings can be used for amenities such as furnishings. Mr. Ratigan informed that the Depa ent of Emergency Preparedness might have available funds and this would be included in the report. Mr. Ratigan explained that the Design Group would include the existing technology in the future design plans. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the Proposed Contract for the city Hall/ Police Department Needs Assessment and Design in the Amount of $61,578. The vote on the motion carried 5-0 with voting as follows; Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 4 of 12 12. A Change order Request for the Preliminary Design of the Buchanan/ orange Avenues Drainage Project Mr. Jeff Ratliff, Stormwater Administrator, addressed this item and stated that the Council previously approved $14,000 for the three tasks in the preliminary work for the project. He stated that Stottler, Stagg was seeking a change order request for $8,500 for this project. Mr. Ratliff informed that grant funds were sought through the Community Development Block Grant [CDBG] program and the Federal Emergency Management Agency [FEMA]. Mr. Petsos questioned the grant funding and was hesitant to proceed with the project without certainty ors the funding. Mr. Ratliff replied that the CDBO funds were available; however, the FEMA funds were not secured. Caveats could be written in the bidding documents based on securing the FEMA funds. Mr. Petsos expressed the desire to secure the FEMA funds first. He explained that the project has expanded from the original scope of work. Mr. Petsos stated his hesitance to expend an additional $8,500. Mr. Ratliff stated that the project was identified as a major problem and the engineering drawings would assist with grant applications. Mayor Pro Tem Hoog stated that he questioned the design price and also stated that additional funds were often needed whenever the City incurred a project with the City Engineers. Mayor Randels stated Tasks 1, 2 and 3 as: the field surveys, the soil testing and the hydraulics for the cost of $14,000. He stated Task 4 as the design for $7,900. Mr. Ratliff explained that the original project was for Buchanan and Orange Avenues; however the project has expanded to include two additional inlets. Mr. Oardulski informed that the pipes and inlets were too small and caused flooding at Lincoln and Buchanan Avenues. Mr. Petsos clarified that it was the City Engineer's idea to change the design and he restated concern with the additional costs. Mr. Boucher expressed with understanding that the change order was 65 percent of the original task. He suggested returning with a presentation and representation from the City Engineering firm. Mayor Randels concluded that the Council would postpone item No. 1 Z until the next Regular City Council Meeting on November 21s The motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Postpone the Change order Request for the Preliminary Design of the Buchanan/ Orange Avenues Drainage Project The vote on the motion carried 5-0 with voting as follows; Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: Second Public Hearin 13. Motion to Adopt: Ordinance No. 16 -2406; at second Reading. Mayor Randels read Ordinance No. 16 --2006 by title. City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 5 of 12 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WI1TH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABIL17 Y COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Boucher stated that Mr. Steve Luba of Bright House Networks answered Council's questions during the First Public Reading and had responded to all citizen concerns. Mr. Luba stated that Brighthouse addressed the citizen concerns that were expressed during the previous meeting. He explained that High Definition Television was the latest trend and the company would continue to offer more services based on customer demand. Mr. Luba affirmed to Mayor Randels that the City is on fiber optics. Mr. Luba responded to a resident that he was unaware of any dropped Connections. Mayor Randels encouraged the person to relay his concerns to the City Manager. Mr. Petsos informed that Brighthouse Networks participated with the Brevard County School System through the Star Programs for teachers. The schools receive laptop computers and cash awards for the classes. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 16-2006 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 14. Motion to Adopt: Ordinance No. 17 -2006; at Second Reading. Mayor Randels read ordinance No. 17-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese related that changes to the ordinance as: 1) a definition to include "dwelling unit" and, 2] a definition was for "abandonment." Mayor Randels explained that residential use was previously accepted in commercial zoning by special exception; however, the Council decided to discontinue residential use in commercial zoning. However, Polk Avenue is zoned commercial from State Road A1A to Poinsetta Avenue with existing townhomes on Poinsetta Avenue, If a natural disaster occurred, how would the owner rebuild under the proposed ordinance. City of Cape Canaveral:, Florida City Council Regular Meeting October 17, 2006 Page 5 of 12 Mayor Randels explained that for dwelling units the discontinuance of use was extended to 730 days or two years for rebuilding. Also under Section B, Section 110 -197, Abandonment Page 11 of the ordinance, "the City Council may grant extensions of time for a nonconforming use of a building or premises which would otherwise be considered abandoned pursuant to Section A if the abandonment was caused by an act of God or other emergency situation outside of the control of the property owner." Mayor Randels stated that a dwelling unit is defined by homestead registration and if it is used as a domicile. Ms. Ruth Anders stated that under the existing zoning ordinance, residences are still allowed in commercial zoning. Attorney Garganese informed that the ordinance was changed as of the previous Council meeting and was not yet available in the code book. Ms. Anders stated that she was unsuccessful in obtaining the ordinance from the Internet or from City Hall. Attorney Garganese stated that the ordinance was in effect as of its adoption. Mayor Randels explained that the ordinance applied only to the State Road AlA corridor. Mr. Todd Peetz, City Planner, stated that for approximately one -half to two- thirds of the State Road AlA corridor residential zoning is no longer allowed. Attorney Garganese stated that the ordinance is available online at this time. Mayor Randels stated that discussion on non - conforming uses had taken place for many months. Attorney Garganese stated that the C -1 zoning ordinance differed from the ordinance on non - conforming uses. He explained that the change that was made between first and second reading addresses one of the impacts of the ordinance adopted at the previous meeting. All of the residential dwelling units in the C -1 corridor along State Road AlA became non - conforming uses as a result of the last ordinance. The Council decided to allow two years to rebuild in cases of natural disaster. Mr. Boucher stated for the record that he forwarded the ordinance to Ms. Anders E -mail. Mayor Randels reviewed the timeline. In November 2005, the City imposed a 90- day moratorium on accepting applications for special exception for residential use in the C -1 zoning districts along the State Road AlA corridor. On January 17, 2005; Council approved Resolution 2000 -05 extending the moratorium for 50 -days. [wring this time the University of Central Florida and the Business and Cultural Development Board conducted a study of residents asking questions on the City's growth. On March 8th the Council held the first public hearing for a six month extension with a second public hearing on March 21 ' Mayor Randels reviewed the three options: 1) to allow R-2 b y Special ecial Exception, 2) to modify the code to allow special exceptions with limits, and 3) Council modify the code to not allow residential use in C -1 zoning on State Road AlA corridor. On July 12 the Council agreed to disallow special exceptions for residential use in the C -1 zoning district. Ms. Anders stated for clarification that City of cape Canaveral, Florida City council Regular Meeting October 17, 2006 Page 7of12 the non -- conforming use for residential property in C--1 zoning along State Road A1A was no longer permitted; however, it is a permitted use for all other areas. A resident inquired about homestead property. Mayor Randels replied that homestead registration was criteria to define a dwelling unit. Attorney varganese responded to the question on rental property. If rental property use was discontinued for 180 days then there is a provision in the ordinance for an extension of time due to those types of situations. However, the Council felt as a matter of policy that dwelling units, a domicile/ homestead property, would be afforded a two year time period before the use goes away as a result of an abandonment or discontinuance of that use. The resident expressed concern as to how an owner would rebuild income property. Mayor Randels replied that the property would not be considered abandoned unless the owner discontinued use for 180 days; however, dwelling units, homestead/ domicile property, were afforded 730 days or two years to rebuild. Mr. Mark Morrison, of 8931 Lake Drive Solana Lakes, spoke on the unintended consequences and a representative of opposition for the expansion of fuel tanks by coastal Fuels. Mr. Morrison stated that the ordinance in discussion was published on Saturday, October 7th that afforded minimal time for review. He read from a letter that expressed concerns with two provisions that would nullify the ordinance. Mr. Morrison referred to Section 110- 197(d), on Page 11 that in summary any Development Agreement would nullify the ordinance. He requested copies of any existing or proposed Development Agreements in the City. Mr. Morrison also referred to Section 110 -200, entitled Special Building Permit the city council may nullify the entire non-conforming use and structure provisions by granting a Special Building Permit. The alleged terms and conditions are: walk to work opportunities, live/ work spaces, generating a significant economic benefit to the community, and compatible and consistent with community values and objectives. Mr. Morrison stated that Coastal Fuels could extend its tanks by obtaining a Special Building Permit. He posed these additional questions: 1) why would the City subject itself to lobbying or influence peddling in order to obtain a special Building Permit, and 2) did the city obtain a legal opinion that the questioned provision would be valid under State lave? He requested copies of any opinions obtained to allow for the Special Building Permit provision. Mr. Morrison related that this would allow the Council discretionary power to break ongoing ordinance requirements without specific standard and is a violation of the Democratic partnership in decision making afforded to all Canaveral residents. He concluded with a request that the council not adopt the two proposed provisions. Attorney Garganese informed that he was aware of one non - conforming use Agreement with a Mr. Traversa and the City did not desire to impair that contractual right due to Constitutional issues. He stated that he could include at City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 8 of 12 the end of the sentence, "prior to October 17, 2000." Mayor Randels clarified the location of the change as Page 11, Section 110 -197, subparagraph (d). Attorney Garganese stated for the record that there was no draft Development Agreements in progress. He referred to Section 110 -200, Special Building Permits and stated that discussion occurred for many months between the Planning and Zoning Board and City Council. Section 110 -200 came about for City Council to address any special circumstances regarding the possible loss of any non - conforming use right. He stated that Section 110 -200 was not as broad as it appeared and only applied when there are limited and special circumstances. He referred to subparagraph (b) which in summary grants the continuation of a non - conforming use or structure providing strict adherence to the following terms and conditions: 1) the owner of the property files the application with the City, and 2) the applicant demonstrates that the continuation of the non - conforming use meets the following criteria: is capable of contributing in a positive way to the character and serves the needs of the community including re-occupancy of the building. Attorney Garganese emphasized that the provision was intended to apply to buildings used for occupancy not fuels tanks which are not occupied. Attorney Garganese clarified that the code section applies to a building for re- occupancy purposes only. The Council could review a special permit for a building that had lost its grandfathered status. Mr. Gene Duncan asked for a reference to non - occupational structures and Attorney Garganese referred him to Section 110 -193. Mr. Duncan pointed out that fuel tanks are a structure and he also questioned the ordinances provisions for a site. Mayor Randels referred to Section 110 -194 that referred to non - conforming uses of land. Mr. Duncan expressed his concern with the fuel Ms. Ruth Anders considered the two provisions arbitrary and capricious. She referred to Section 110- 200(b) and said that a Special Building Permit would nullify the ordinance. She contended that the criteria to obtain the permit were not standards but statements. Attorney Garganese advised that the word structure could be changed to building. He explained further that the intent was to limit the provision by defining the criteria as building occupancy. Mr. Morrison referred to Section 110 -200 which reads, "providing a significant economic benefit to the community" could be criteria for Coastal Fuels to submit an application. He requested specificity on Section 110 -200. Mr. John Grandlich, of Cape Caribe Inc, referred to Pages 13 and 14 of the ordinance, in Section 110 -200, Special Building Permits, under the terms in Paragraph 2(b) and suggested to add the two terms, "safety and fire hazard." Attomey Garganese expressed his agreement. Mayor Pro Tem Hoog suggested changing the term in Paragraph (A) from structure to residential. Ms. Linda Tuck of 8891 Lake Drive, Solana Lake, stated that the real estate term of residential is five or fewer units. Mr. Grandlich City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2046 Page 9of 12 questioned defining a residential structure in that it would restrict zoning parameters in a non - conforming situation. Council clarified that structural use was in question not the zoning district. Attorney Garganese stated that there was a definition for non - conforming use ordinance and Council could either broaden the term to apply to all residential buildings which would include apartments or limit the terminology to dwelling units to where someone is domiciled. Ms. Anders stated that the Code already provided definitions for buildings and dwellings. Attorney varganese explained that the term dwelling unit would only apply to what is related in the non -- conforming use section. He advised the Council not to apply the term dwelling provided under general definitions in Section 110 -1 to the discontinued use or abandonment provision. Attorney oarganese explained that residential buildings were used for human occupancy and recommended such language to limit Section 110 -200 to that use only instead of using the term uses and structures. Mayor Randels clarified that the word "structures" would be stricken and replaced with "residential buildings for human occupancy." Ms. Anders questioned the word continuation. Council responded that the language would allow for an owner to rebuild. Todd Morley, Building official, clarified that under Section 468 of the Florida Statutes, the Council did not have the authority to issue a Building Permit. He suggested omitting the word building and retaining the language, special permit. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve ordinance No. 18 -2006 with the following amendments: 1 ] inserting the date of October 17, 2006 under the provision for Development Agreements, 2) to add the terminology for safety and fire hazards in Section 110 - 191(3), 3) to strike the word "structure" and replace it with "residential buildings for human occupancy," and 4) to remove the word building from the language that reads "special building permit." The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. Ms. Cathy Reakes made a request of the Chair and asked if those speaking on an item could provide their names. DISCUSSION: 15. Motion to Approve: ordinance No. 19 -2006. Mayor Randels read Ordinance No. 19 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; CLARIFYING THE INTENT of THE R -1, R-2 AND R -3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN THE R -1, City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2005 Page 10 of 12 R -2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS lr'IrITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels pointed out that the Planning and Zoning Board recommended the ordinance by a three/two vote. Mr. Bruns questioned four units or less in the title. Attorney Garganese affirmed that the title was acceptable. Mr. Bruns questioned the use of a specific number. Attomey Gargenese replied that the existing Code addresses the number of units regarding weekly rentals. Discussion followed on the number of units for regulation purposes. Mayor Randels read Section 509 -242, Public Lod in Establishments and Classifications, under !tern C, Resort Dwelling, any individual or collectively owned one - two - -three -four family dwelling house or dwelling unit, rented for more than three times in the calendar year for less than 30- -days. He stated that the State would regulate for four or more units. Mr. Morley clarified that townhomes are one unit. If a person owned all six units they would be addressed differently than if each unit were owned separately. Mr. Boucher informed that a State license was required before conducting a rental of four units or less for less than 90 days. He stated that City licensing is actually a tax. He replied that the State could seek the City's help in enforcing the Chapter provision as it is a second degree misdemeanor and the State inspector could cite the violation. Mr. Boucher informed that Council is reviewing the zoning portion and the proposed ordinance would address a 90- day time provision. Ms. Connie Benz asked if there were a code to regulate the noise. Mayor Randels responded that the City's noise ordinance applied. Ms. Benz suggested regulating the property owner. Mr. Petsos addressed the issue and stated that such regulation would cause residents to become police. Mr. Rob Griffith related how he had worse experiences with long term than short term rentals. He stated that evicting a long term renter was costly. Mayor Randels related on a mobile rental to the east of his residence as well as a home and he pointed out that rules assist with responsible - rentals. He stated that the length of time was not an issue. Mr. Petsos stated that regulating time would keep owners from policing properties. Mr. Petsos responded to Mr. Griffith that the discussion in question was townhome rentals not lower priced rental property. Mr. Petsos pointed out that the discussion was not to transition the City toward a resort community. He replied to Mr. Griffith that there were many concerned residents not in favor of this issue. Ms. Dawn Huley, of Merritt Island, representing Central Florida Real Estate Investor Group, said that if the State licensing were to supersede the City's then there are owners willing to comply. She reviewed the requirements involved to acquire a license. Ms. Huley cited from the U.S. Census Bureau that only 38 percent of all homes in Cape Canaveral are residential. She informed that the short term rental properties she owned are well maintained. Ms. Huley replied to Mr. Petsos that if any tenant were cited twice, then they City of cape Canaveral, Florida City Council Regular Meeting October 17, 2005 Page 11 of 12 would be asked to leave the premises. She expressed an interest in seeing the number of complaints. In conclusion, Ms. Huley asked the Council to consider those issues. Mr. Petsos reminded that the City is a residential community. Mayor Randels asked for consensus to extend the meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. Mr. James Whitehead stated that he is opposed to the ordinance, saying that it would lower property values. He explained that for many properties, long term rentals are cost prohibitive. Mr. Whitehead also stated that the ordinance is blatantly discriminatory. in favor of condominiums over smaller single -- family dwelling units. Mr. Whitehead disagreed 9 with Mr. Petsos that condominiums have on -site property management. He also stated that residents were more unruly at times than some transients. He concluded that he hosts a web cam that shows the area to residents in other parts of the country. The . rY people who visit his site become the weekly renters that the ordinance would prohibit and P he concluded with his desire to maintain property values. Mr. Bill Carrenti addressed the Council and stated that he came to the City or many Y ears Y as a weekly rental. He informed that he is a vacation renter. He stated that the word transient does not apply to his rental property and for the three years between the two homes he owns he has not had a bad experience. Mr. Carrenti related that it is the Ion - _ 9 term rentals that need more regulation. He concluded that he performed the background round checks for his rentals. Mr. Marc Letchtling, President of the ocean Woods Homeowner Association related that he hears the resident's concerns not law enforcement and he stated that the short term rentals find a way to work around regulations. He spoke in favor of regulating the g g owner. He expressed that an ordinance would create a need to work around it; however, a resident of ocean Woods uses a contract to regulate tenant behavior. Mr. Letchtlin stated that the e ordinance would also create a loss of income to the owner. Mr. Boucher stated for the record, in response to questioning from Mr. Petsos, that currently there are six properties that are licensed by the State. Ms. Evelyn Bush, of 415 Jackson Avenue, read her letter to the City Council. She related that she did not have a problem with her yearly rentals. Ms. Bush noted that three of the six properties in her neighborhood are weekly rentals. She stated that security was her main concern. Ms. Bush informed that currently there are eight adults occupying a two bedroom property. She requested a remedy for the situation. Mr. Ron Walley strongly suggested enforcing the rules but not to infringe on the rental ental income. Ms. Alice Filteau, of 8 112 Presidential Court, asked the Council to consider the secondary effects of their decision. She stated that a resort dwelling icense would g hinder the person City of cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 12 of 12 who has a second home and rented for several weeks to a month. She informed that the occupancy rules that a neighboring renter property enforces were successful. Ms. Filteau informed that the City of West Palm Beach created a task force that addresses: establishing rules, occupancy limits, and enforcing the established rules. She stated that as an Urban Planner it was offensive for the Council to treat uses differently according to zoning. For the record, Ms. Filteau distributed information to the Council. Mr. Don Samos, Titusville resident and owner of Cape Canaveral property, stated that the proposed ordinance made rental aspirations dismal. He related on the increases to his hurricane and fire insurance and taxes. Mr. Samos stated that he did not believe that rental duration was the answer. Mr. Petsos requested to place the ordinance on the next City Council Regular Meeting for a First Public Reading. Mayor Randels concluded that three members of Council agreed to place the item on the next Agenda for First Public Reading and informed that citizen concerns could be heard during the discussion. Staff would advertise the ordinance prior to First Reading. REPORTS- Due to the lateness of the hour, there were no reports. AUDIENCE TO BE HEARD: There were no further comments from the audience. ADJOURNMENT: There being no business, the Chair adjourned the meeting at 10:30 P.M. Susan 9tills, CIVIC, CITY CLERK kQ00 Rocky Randels, &YOR