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HomeMy WebLinkAboutMinutes 11-21-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX I 11 Polk Avenue, Cape Canaveral, Florida TUESDAY November 21, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director Burt Bruns Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Ed Gardulski Mayor Randels explained why the Agenda was separated into Old and New Business due to the turnover of Council Members. OLD BUSINESS: CONSENT AGENDA: 1. City council Regular Meeting Minutes of October 17, 2006. 2. Resolution No. 2005 -45; Appointing a Regular Member to the Beautification Board (Betty Darney). City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 lag e 2 of 17 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any items for discussion. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent Agenda Items No. I and 2. 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, PRESENTATI Burt Bruns Mayor Randels called on Mr. Bruns to acknowledge his time of service on the Council. He noted that Mr. Bruns served on the Council on four different occasions, twice due to the resignations of former Council Members Steve Miller and Jim Morgan from June through November. Mayor Randels noted that the timing occurred dude the Ci 's g tY Budget season. Mayor Randels presented Mr. Bruns with a commemorative clock. Mr. Bruns expressed that he enjoyed serving with the Council and he encouraged residents to get involved w th the City and to participate on a City Board. He concluded by thanking the staff and the Council. OATH of OFFICE: Shannon Roberts, city council Member Attorney Anthony Garganese administered the Oath of Office of City Council to Ms. C. Shannon Roberts. Rocky Randels, Mayor Attorney Garganese administered the Oath of Office of Mayor to Rocky Randels. NEW BUSINESS BOARD INTERVIEW: Joanne Muncey, Business & Cultural Dev. Board Ms. Muncey affirmed that all of the questions in her ap plication were answered to the best of her ability. Ms. Muncey informed that she lived and owned in Cape Canaveral p a for 22 years. She was retiring from the Kennedy Space Center and she is motivate i � d to participate n the City. Ms. Muncey stated that she has served in various ositions such as trainer, - - p problem solver, facilitator, planner, scheduler, and ro osal writer at p p City of Gape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 3 of 17 Kennedy Space Center. Mayor Pro Tem Hoog commented favorably on her background. Mayor Randels noted the anticipation of using her problem solving skills. Mayor Randels concluded that a Resolution to appoint her to the Board would be placed on the next City Council Agenda. RESOLUTIONS Iw Motion to Adopt: Resolution No. 2008 -47; Appointing a Mayor Pro Tem. Mayor Randels read Resolution No. 2006 -47 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels nominated that Bob Hoog continue as Mayor Pro Tem for some of the following reasons: he was responsive to citizens, he attends many of the City Board meetings, he was active with the Space Coast League of cities, he serves at the State level on the Florida League of Cities' Boards, he is a respected and trusted individual in the community, and he is also active in the Kiwanis Club. Mayor Pro Tem Hoog thanked the Council for their trust. A motion was made by Mayor Randels and seconded by Mr. Petsos to Adopt Resolution No. 2008 -47 Appointing Bob Hoos as Mayor Pro Tern. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tenn Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Mils. Roberts, For. 2. Motion to Adopt; Resolution No. 2008 Declaring the city's Support and Endorsement for Nemours children's Hospital in Orlando, Florida. Mayor Randels read Resolution No. 2006 -48 by title. A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA, DECLARING OUR SUPPORT AND ENDORSEMENT FOR NEMOURS CHILDREN'S HOSPITAL IN ORLANDO, FLORIDA; ENCOURAGING OTHER MUNICIPALMES TO PUBLICLY EXPRESS THEIR SUPPORT FOR NEMOURS, CHILDREN'S HOSPITAL IN ORLANDO, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Randels informed that Nemours is a children's Hospital that is seeking to locate in Orlando. He noted that Nemours has invested over $8 million in support in Florida and over 800,000 children have been treated. Mayor Randels explained that Orange County Mayor Grotty and Orlando Mayor 'Dwyer have publicly expressed support and Cape Canaveral would do likewise as will other cities. Mr. Petsos explained that this is a regional not a local grange County issue. He said that the research clinic would benefit Brevard County. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 4 of 17 Ms. Karen Breakhelm, Director of Community Relations for Nemours, explained that i P Nemours was an integrated health care system exclusively for children. Nemours was founded 70 years ago and was supplemented by an endowment from the Alfred I. Dupont i P Trust. She informed that the endowment has grown to $4 billion. She also informed that Nemours treats children in four states. The hope is to build a free-standing children's . 9 hospital in Florida. She informed that Florida's pediatric population is fourth in the nation and soon to become third. Ms. Breakhelm explained that the children treated are either chronically ill or have complex . lY P illness requiring cross specialty care. She informed that the Hospital includes research P and education. She thanked the council for its support. Mr. Bruns noted from a news article that 30 physicians had resigned from Nemours. Ms. Breakhelm responded that P Nemours was a $4 billion trust and is therefore financially stable. She noted that Nemours has a staff of 4,000 including physicians. She explained that Nemours has three sites in Florida: Jacksonville, Pensacola and Orlando. Nis. Breakhelm explained what occurred in the Nemours operating model using the Mayo clinic physician operated clinic as an . Pe example. She said that when Nemours located in Orlando there were 20 -30 physicians . P Ys who were anticipated to join Nemours; however, in 2005 the physicians that were included in the original contract retumed to their community hospital. Although the movement that . 9 Nemours experienced was the nature of doing business, Nemours would continue to recruit and retain physicians. Mayor Randels concluded that Ms. Breakhelm provided P packets that would be available in the city Clerks Office. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Adopt Resolution No. 2006 -48, Declaring the city's Support and Endorsement for Nemours Children's Hospital in Orlando, Florida. The 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 fills. Roberts, For. CONSENT AGENDA: 3. Proposal for Engineering Services to Re-Bid the Replacement of the Sanitary ry Sewer Force plain from Lift Station 1 to Thurm Boulevard. 4. cooperative Purchase for Electrical Motor and Pump Repair it Services. 5. Cooperative Purchase of Sanitary Sewer Lining n the Amount of $171,755. 9 6. Proposal for curb Repairs in the Amount of $43,500. Mayor Randels stated for the record that Item No. 3 is a budgeted item. Mr. Gardulski explained that the City will re-bid due to the bid rejected last ear. He clarified that h unit 1 Y e used a unit price since the previous bid was much higher than anticipated. g P City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 5 of 17 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoc g to Approve Consent Agenda Items No. 3, 4, 5 and S. The 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. ORDINANCES: First Public Hearin 7. Motion to Approve: ordinance No. 19 -2005, at First Reading. 9 Mayor Randels requested that all speakers state their name and p lace of residence when they Come to the podium. Council decided to discuss the Ordinance at length. Mayor Pro Tern Ho inte 'ected to Y og q ask if those awaiting approval of the Site Plan at the later part of the Agenda would be 9 heard. Mayor Randels clarified that Consensus was to discuss the Ordinance and the subsequent Site Plan item would be heard. He requested that the audience remain Civil. Mayor Randels read Ordinance No. 19 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, of THE CODE OF ORDINANCES; 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, R -2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS of LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING AN AMORTIZATION SCHEDULE FOR TRANSIENT COMMERCIAL USES IN RESIDENTIAL. ZONING DISTRICTS WHICH WERE IN EXISTENCE, LICENSED BY THE STATE AND PAILS APPLICABLE STATE TRANSIENT RENTAL TAXES BY DATE CERTAIN AS SET FORTH IN THIS ORDINANCE; PROVIDING FOR EXTENSIONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 410, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels called on those who would speak either for or against the Ordinance. Mr. 9 Petsos asked to hear from those with something ifferent to s from the previous meeting. 9 Y p Nis. Lois Palmer, of 170 Long Point Road, Lon Point Townhomes s for the 9 � 9 Ordinance, stated that residents not in favor were at a breaking nt. Sh g po a stated that City of Cape Canaveral, Florida City Council Regular fleeting November 21, 2066 Page 6 of 17 there were two hotel accommodations in the City. Ms. Palmer referred to the rented townhomes as cash cows for out of town property owners. Mr. Allen Kelly, Orlando police officer and owner of a townhome in Ocean Woods, stated that he rented his property in Ocean Woods. He expressed that the home is in a gated community and he said that this ordinance penalizes the property owners. He replied that the home was not a cash cow and explained that he invested much time and money into his property. Mr. Kelly informed that the precinct told him that they only received one violation and he was told by City code enforcement that the ordinance would be difficult to enforce. Ms. sally Stevener, of 419 Jackson Avenue, said that the increased number of vehicles was an ongoing problem. She also stated how security was also an issue. Ms. Stevener related that she moved to Virginia to get away from the issue. She concluded that the property owners were not stating the truth about the rental properties. Ms. Elana Whitehead, of 619 Monroe Avenue, stated that she did not grant her property rights removed due to bad neighbors. She stated that if there were problems she hoped that the Council would work within the existing regulations to solve them. Ms. Whitehead concluded that you could not legislate against undesirable people. She asked the Council not to pass an ordinance that would lower property values and lead to even more problems than it eliminates but to enforce the regulations in place. Mr. Norman Boucher, of 8670 Villa Nova Drive, reminded the Council of how hard they have worked to separate residential from commercial. He noted how special Exceptions allowed for residential next to commercial and now a business would be allowed next to residential property. Mr. Boucher related that he circulated a petition on the short term rentals and without question people were in favor of disallowing them in residential zoning. He expressed his views on those who buy property but Hire in another location. Mr. Boucher stated that he was adverse to amortization of any kind. Mr. Boucher concluded by saying that the City's mission statement calls it a "residential community." He stated that residents do not want rentals in their community. Mr. Tire Levensaler stated that he is against the ordinance and he was licensed to operate the townhornes as an investment not a business. Mr. Levensaler agreed with regulating the properties and submitted a draft of a Short -Terre Renter's Rules and Regulations for the Homeowner. He did not agree with changing the law to the detriment of the property owner. Mr. Levensaler quoted that a Third Distract Appeals Court Judge in Rollison v. Key West ruled that a City Council could not take away a property owner's rights without a grandfathering provision. He said in conclusion that he had petitions with over 'loo signatures. Mr. Petsos questioned if those that signed were residents. Mr. Roger Dobson, an owner of the Residence Inn in Cape Canaveral, stated the City has a zoning ordinance that establishes commercial and residential zoning. He promoted City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 7 of 17 residency and was in favor of reducing transient lodging in the R -1, R -2, and R -3 zoning. He explained that hotels adhere to life safety and Americans with Disabilities Act requirements. He stated that the hotel also provides 24 -hour on site- management and he said that the proper place for transient lodging was the hotel. He asked that the Council vote in favor of the proposed ordinance. Mr. Francis Kuhn, of 102 E. Central Blvd., stated that he could not understand the constitutionality of taking something that an owner has done for some time and then telling them to cease. Mayor Randels affirmed for Mr. Kuhn that he would be included in the new ordinance if he is an owner of a triplex. Mr. Kuhn stated that it is Sheriffs Department's responsibility to regulate violations such as parking and noisy neighbors. He stated that what the constitution provides was being taking away. Ms. Bridget Gibbs, of 413 Jackson Avenue stated that she called the owner however with minimal response. She stated that security is an ongoing problem. She expressed that she did not think the police would respond if called. Ms. Gibbs concluded saying that there have been as many as 13 cars at one residence. Ms. Camilla Yamasaki stated that she lived in Cape Canaveral for 25 years and owned and operated seasonal rentals. She related the difference between short and long term rentals as; 1) noise has not been an issue with short term rentals, unfortunately long term tenants are generally noise nuisances, 2] short term tenants typically have one vehicle per unit; however, longer term tenants have two or more vehicles, 3) transient neighbors from week-to-week are short lived, and 4} too many people in a unit was met with disapproval. In summary, Ms. Yamasaki stated that short-term rentals were not the problem unless the owner was not doing due diligence. Long term renters pose more problems and were more difficult to control once becoming problematic. She stated if she converted her seasonal rentals to longer term rentals charging less rent would result in a dramatic decline in the neighborhood. The longer term rental population was not overly desirable. She believed in regulation for short terra rentals. Ms. Yamasaki concluded that she was against the ordinance. Mr. Pat Luney, General Manager of the Residence Inn by Marriott, stated that the zoning was the issue and in residential a person should reside; whereas, commercial is a business operation. Mr. Luney stated that there should be guidelines for commercial businesses such as the hotels that abide by stringent life- safety regulations. He concluded that he did not see the fairness of operating a commercial business in a residential area. Attorney Justin Paine, of the Watson, Swallow Laver Finn representing the Space Coast Association of Realtors, stated that the discussion over the ordinance was parking and noise. He stated that the ordinance was overly broad and was not the proper government action to address parking and noise issues. The ordinance eliminates City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 8 of 17 the rental of single family homes and makes the distinction between four or five units with no basis for that distinction. He stated that codes are in place to address the parking and noise issues. He concluded that the Space Coast Association of Realtors was against the ordinance. Ms. Clara Wycinski, of 532 Adams Avenues, explained how a family was inclusive of whomever people chose to stay in the unit. She stated that the transient population disrupts the neighborhood. Mr. George Sweetman, of 7200 Poinsetta Avenue, stated that he owned commercial properties in the City. He explained that he Chaired a Governor appointed Commercial Fishing Industry Board that met to gain solutions to his industries problems. Mr. Sweetman said that parking and noise was the discussion. He related that he operated his two four -plex properties for many years. He questioned how the Council chose four units or less. He requested a committee to gain solutions to address the issues in discussion not more legislation. Mr. Sweetman also questioned how commercial properties would handle increased insurance rates in fight of increased taxes. Mr. Sweetman said that a committee was needed for more discussion prior to adopting this ordinance. He did not understand why people were afraid to call law enforcement. Mr. Sweetman reminded that problems could also occur in larger units. He related that properties were grandfathered -in Satellite Beach. Attorney Garganese stated that the four units or less was chosen from the Florida Statute Chapter 509, Definition of Resort Dwelliggs addressed one, two, three and four family dwellings and was used as a 9 uideline for the ordinance. Ms. Joan Mccluney, 219 Johnson Avenue, stated that a business is adjacent to her residential property and she questioned if she could move her quilt shop business to residential zoning. Mayor Randels clarified that her shop was under the guidelines of permitted use. Mr. Ron Woods, of Harrison Avenue, expressed agreement with Mr. Sweetman. He spoke on illegal activity in the condominiums. Mr. Woods described the unattractive debris left behind after the long -term rentals move from the neighborhood and their unruly behavior. Mayor Randels asked if Mr. Woods notified the police of the illegal infractions. Mr. Woods said that Law Enforcement replied to him that they could not catch everybody. He stated that owners should police their own property. Mr. Tom Williamson, joint owner of the Residence Inn, stated that discussion appeared to focus on a problem with renters. He related how in the fishing industry, Charter boats were regulated. He concluded that short term, transient rentals are not adhering to regulations. Mayor Randels clarffted that the current zoning ordinance permitted weekly rentals. City of Cape Canaveral, Florida City council Regular Meeting November 21, 2005 Page 9 of 17 Ms. Monique Masclet stated that she owns a short-term rental property on Presidential Court surrounded by residential property. She related on the success of her weekly rental property. Ms. Masclet stated that the 90-day regulation would impair her operation. She informed that she pays more taxes than a resident and property owners have a voice in the community. Mayor Randels pointed out that Mr. Sweetman's suggestion of group discussion would allow her to speak on her success. She proposed that the ordinance's adoption would result in litigation and she desired to avoid that circumstance. Ms. Masclet concluded that trash occurred from residents not short-term renters. Mr. Petsos read the Citys mission statement and emphasized that the City was a residential community. He stated that the City would move toward a resort community if no action were taken on the rental property issue. Mr. Petsos pointed out that this allows for a business in the residential community. He stated four units or less was State mandated and he stated further that Satellite Beach grandfathered only condominiums and they were now seeking to remove those from being short term rentals. I'tllr. Petsos stated that there was no on site security management or life /safety regulations for these establishments which was required from hotels. Mr. Petsos pointed out that people expressed that property values were being lowered; however, the property values were based on use which was residential. Ms. Roberts requested that the Council continue to hear the audience's concerns. Mr. Jim Whitehead, of 619 Monroe Avenue, added two points to concerns from the previous meetings. He stated first that there were problems with both long and short- term rentals and the landlord was the issue not the renter and secondly, residents were the factions conducting illegal behavior not the short -term renter. Mr. celestine Wycinski, of 632 Adams Avenue, stated that he moved into his neighborhood in 1998. He related on how an adjacent short germ rental was painted in an aesthetically unpleasing manner. Ms. Dawn Huley, of Merritt Island representing the Central Florida Real Estate Investors, distributed demographics with the statistics of owners v. renters. She informed that in Cape Canaveral, 52% of the properties are not owner occupied. Ms. Huley noted that the methane lab reported in a news article was conducted in a long -term rental. She stated that people enjoy vacationing in a home -away- from home and some famous persons prefer a home to a hotel which results in lost tourism dollars. Mayor Randels reviewed the data and concluded that owner occupied property is less than 50 percent. Ms. Roberts responded that those properfies may be those in which owners live in other parts of the country. Mr. Whitehead stated that not all homestead property is owner occupied. City of Cape Canaveral, Florida City council Regular Meeting November 21, 2006 Page 10 of 17 Ms. Sandi Trudeau explained that she and her spouse John Trudeau purchased investment property with the intent to rent She disclosed that a wedding was held at the home; however, no more weddings would be held due to the noise. Ms. Trudeau stated that she was receptive to regulation. Mayor Randels stated that City zoning allows for one -week. A resident expressed that home owners were not asked if they were in favor of such business in the neighborhood which infringes on their property rights. Mr. Frank Kuhn expressed that there were City ordinances that regulate what he heard so far in the discussion. He also summarized how he could rent for 90 days and not comply PY with the required long term rental. Mr. Petsos expressed that a decision was needed on the City's direction: to remain a residential community or to seek a resort community atmosphere. He replied to Mayor P Y Randels that he would insert into the date certain of compliance as one ear from ap proval Y PP at second reading. Mr. Petsos reminded that discussion began in April 2005 and the Planning and Zoning Board reviewed the issue on May 26 2005 and the C` Attor Y had agreed that the amortization schedule was feasible. Attomey Garganese stated that he had recommended an amortization provision in the . P context of the Council's decision. He informed how the Courts would look into reasonableness aspect of amortization. Mr. Petsos stated that Council was not eliminatin the right to rent but regulating the length of rental time. Attorne Gar anese referred to the Rollison v. city of Key West case that was previously cited which related to a non - conforming use and said that the case did not address amortization; however Ca Canaveral was considering amortization. He explained that in Florida some non - conforming uses have been amortized such as billboards and adult entertainment establishments. A municipality could then exercise its P police powers to effectuate the change in law relative to a particular use oin away 9 9 Y over a set period of time. There was balancing of property owners interested in a resort dwelling versus the public as a whole. Council was considering the public poly it was attempting policy P g to promote. Mr. Petsos stated that this was what prompted his question on what was the Council's direction for the City. Mayor Pro Tern Hoog expressed that he was against daily or week rentals. He stated weekly that the City had granted uses for R -1 through R -3 zoning. Mayor Pro Tem H oo g explained that many types of businesses are allowed in the residential district with the exception of sales of items. He said that cape Canaveral is a type of resort communi having given one of them an award. Mayor Pro Tern Hoog stated that the Planning and Zoning oard needed more discus g ss on on the matter. He stated that he was opposed to daily rentals. He expressed that he xP listened to the residents and he was in favor of u latio n . He stated that life sa � a ety Issues City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 11 of 17 were also a concern. Mayor Pro Tem Hoog recommended a joint workshop with City Council and the Planning and Zoning Board. He explained that an ordinance would allow for regulation with consequences. Mr. Petsos said that the amortization would allow the owner time to comply. Mayor Pro Tem Hoog expressed that the amortization schedule did not allow for enough time. Mayor Pro Tem Hoog suggested a 20-year amortization period after which the property could no longer be used for that operation. He also suggested seeking if those owners were State and City licensed for those that were not illegally operated. Mayor Pro Tem Hoog related how the City has issues with drugs, prostitution and nuisances such as spray painting. He expressed favor for a curfew and called for more rigorous law enforcement intervention. He stated that illegal activity was occurring; however, it was not occurring due to the weekly renters but from residents. Mayor Pro Tern Hoog concluded that the City would protect its citizens but to give the owners time to before eliminating their businesses. Ms. Roberts asked Mayor Pro Tern Hoog for clarification and if he was in favor of a portion of the ordinance that referred to weekly rentals. He replied that the City needs to regulate there before they were no longer and 90 days was not enough time before they were eliminated. Mr. Petsos replied that the intent was to eliminate weekly rentals and they are still afforded longer rentals. Mayor Pro Tem Hoog expressed that results could be better achieved through Council and Planning and Zoning Board discussion. He reiterated that illegal activity was a problem without proper curfew. Mayor Randels expressed from observation that other problems are not legislated. He said that the length of time does not constitute the type of neighbor. He noted that there was a County ordinance that addresses performance standards. Mayor Randels concluded that regulation would allow for accountability from the owner and recurrent penalties would result in occupational license revocation. Mr. Nicholas stated that he preferred to maintain the integrity of the neighborhood. He related how short term rentals broke the integrity of some neighborhoods and this was Mr. Petsos' consideration. The commercial operation in a residential neighborhood creates an incompatibility. Mr. Nicholas stated that revoking a license or rescinding a special exception would result in legal matters. He concluded that he preferred to live in a residential neighborhood with concerns. Mayor Pro Tem Hoog pointed out that regulation would cause those who were not operating legally to work within the law. Ms. Roberts stated that the Council heard much from the resident's viewpoint and it contributed greatly to understanding the issues. She understood Mr. Petsos' concern with the City moving toward a resort community; however, there were property owner's who desired to do business in the City through their properties. She agreed with Mayor Pro Tem Hoog that the Council and the Planning and Zoning Board schedule a joint meeting prior to a final decision. Ms. Roberts stated that in the condominium community was moving toward a 90--day rental. She also stated that Satellite Beach was working on its rental time issue. Ms. Roberts recommended validating the census information in that City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 12 of 17 what was submitted was from 2090 due to the City growth. Mr. Nicholas spoke on the percentage difference between owner occupied and rentals. Mayor Pro Tern Hoog interjected that regulation applied to the annual rentals and code enforcement should be adequately applied. Mr. Petsos questioned how many more properties would be allowed due to the length of time. Attomey Garganese replied that the Council was expressing at least two or more views. He stated that the ordinance could be passed at First Reading and establishes the 99-day rule from this day forward. However, those duty licensed resort dwellings would be grandfathered -in removing the amortization provision. This would protect the City from additional duly licensed resort dwellings. Then the Council could review performance standards to apply to the existing grandfathered resort dwellings and Council could establish different regulations if necessary. If different regulations were established, and they do not perform and the problem was chronic for those grandfathered resort dwellings and amortization could be applied to those grandfathered resort dwellings to eliminate them in the future. He explained that if the Council proceeded with a moratorium, it would disallow any more resort dwellings. However, if the ordinance proceeds with the 90--day rule Council would address the same issue. He concluded that the City was aware of those who were operating lawfully. Discussion concluded that six months and one day was the threshold for paying takes. A property owner pointed out that licensing did not mean that taxes were paid. The 649 tax accounts were paying taxes. Audience response brought out that there were several categories of licensing such as resort rental or transient rental. Anthony Garganese suggested for future or additional resort dwellings or licensed - transient uses to move forward with the ordinance and eliminate the amortization provision. The ordinance by intent defined a prohibited use in the R -'l, R -2 zoning district and that prohibited use was any transient commercial use of the single - family dwelling of less than 90 days within those zoning districts. if Council proceeds with that prohibited use, once the ordinance was adopted, those transient uses that were not grandfathered would be prohibited. Those in place before the adoption of the ordinance would receive grandfathered status due to the elimination of the amortization provision and they would be grandfathered pursuant to the non - conforming use guidelines that read that if the grandfathered use was abandoned for an established length of time the use is eliminated. This would allow the Council time to study if additional limitations were needed on the grandfathering provision. Attorney Garganese replied to Mayor Randels that this ordinance did not address the seven unit property. Discussion pointed out that the ordinance would be decided on at first reading. Attorney Garganese recommended inserting a licensure date of November 2 I ' He stated that the ordinance was duly noticed and had received media coverage. Mayor Randels called for an extension of time. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 13 of 17 A motion was made by Mr. Petsos and seconded by Mr. Nicholas to approve an extension of time for completion of the Agenda. The vote on the motion carried 6.0 with voting as follows: Mayor Pro Tern Hoog, For, Mr. Nicholas, For, Mr. Petsos, For; Mayor Randeis, For and Ms. Roberts, For, Mr. Jim Whitehead pointed out that the decision would satisfy only six property owners. One property owner stated that he had two occupational licenses. Mayor Randels explained that there were several categories such as: resort dwellings, transient rentals and weekly rentals. Todd Morley, Building Official and Andrea Bowers, City Treasurer both agreed that there were few Occupational Licenses; however, a State License was required prior to operating a short term rental. Ms. Bowers asked the City Attorney what would apply to the moratorium. Attorney Carganese clarified that the motion, with respect to prohibited uses and structures, that in R -1 zoning the City would add a prohibited use of a transient commercial use of a single dwelling for less than 90 consecutive calendar days is prohibited. However, any dwelling being used as a transient commercial use which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations as of November 21, 2006 would be considered a non - conforming use. He replied to Ms. Roberts that State licensing and paying taxes pursuant to law was the requirement. However, the R -2 and R -3 would address the multi- family dwelling unit of four units or less for a period of less than 90 days in the wording. Ms. Bowers questioned if he were saying that these owners were not required to be licensed by the City? Attorney Oarganese replied that they were not an allowable use now; however, they were licensed by the State. An owner replied that many people had their State licensing, but not an Occupational License. Mr. Petsos stressed the importance of passing the ordinance at First Reading in fight of those who would subsequently register as a resort rental. Ms. Roberts clarified a State license was required first and then a City occupational license. She expressed for clarification of acquiring both licenses. The City Manager pointed out that many were not State licensed operations. An owner related that he was informed that he only needed an Occupational License from the City. Mr. Richard if itez, of Melbourne, informed that he purchased a property for short -term rental. He informed that he applied eight days ago for State licensing. Mr. Frank Kuhn expressed that the current housing market did not allow for anyone to bypass the needed licensing requirement. fills. Roberts restated her concem to include the requirement to obtain an occupational License from the City. Attorney Carganese clarified that the grandfathering requirement would include: showing a State license, a City license and proving that the operation was in existence prior to November 21 Those that applied for a State license prior to November 21 � and have obtained a City Occupational License would also be grandfathered in. Attomey Oarganese explained that the purpose of the State license would determine if the facility met public safety health codes. if they City of Gape Canaveral, Florida City council Regular Meeting November 21, 2006 Page 14 of 17 were rejected by the State, a City Occupational License would not be the standard for operation. Audience members related how their properties were inspected. Mr. and Mrs. Jim and Elena Whitehead expressed that it appeared that the Council was rewarding those who created problems and penalizing those who created no issue. Mr. Boucher pointed out that Council and the Planning and Zoning Board would discuss performance standards at a joint workshop meeting. The proposed ordinance would lay the foundation for a possible zoning use change by reason of the four units, 90-day or less provision. He requested, due to the upcoming holidays, that Council schedule a second reading at its ,January '1 6 meeting. Ms. Roberts asked if a moratorium was in effect as of the first reading. Attorney Garganese explained that this has been a pending ordinance for some time and if the Council proceeded to adoption it would be applied retroactively. Ms. Roberts expressed that the dialogue that had occurred for over a year moved the Council to this point. She stated the council appeared to want to protect the residential nature of the City and that the owners who were against the ordinance were those individuals with circumstances already in place. However, Council was providing the prerogative of a 90 -day rental which did protect their rights as a homeowner. Attorney Oarganese affirmed for Ms. Roberts that the need of a city license was added to the motion. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Amend the Main Motion to include the language, "To Become a Grandfathered Transient Commercial Use, one Must Possess a city occupational License as of 11-21-06 and have Received a State License Issued by the Florida Deparlrnent of Business and Professional Regulations far Transient Commercial Use within Three Months of the Effective Date of the ordinance, They Will Be considered Orandfathered as well. The vote on the motion carried 5-•0 with voting as follows: Mayor Pro Tens Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, A motion was made by Mr. Pesos and seconded by Mr. Nicholas to Approve Ordinance No. 19 -2006 on First Reading, Stinking the Amortization Provision in Section 110.485 and inserting the date of 11 -21-2045 for Purposes of Cetemnining Who Would Be Grandfathered4n as a [ion - conforming Use, Those Transient Commercial Uses Which Were in Existence and Licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulations or by the city and That Have Been Paid Applicable Transient Rental Taxes Pursuant to Section 212.03 Florida Statutes or Have Applied for a Stage License and Ultimately Received that State License. The vote on the motion carried 4 -1 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, Against and Ms. Roberts, For. Discussion concluded that the Second Public Hearing would occur on December 5, 2006. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 15 of 17 Council would hold a joint meeting with the Planning and Zoning Board regarding the Performance Standards. Ms. Roberts also requested updated data on homestead rentals for 2006. 8. Motion to Approve; ordinance No. 20 -2008, at First Reading. Mayor Randels read Ordinance No. 20 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,; AMENDING CHAPTER 86 CONCURRENCY MANAGEMENT SYSTEM, OF THE CODE of ORDINANCES; ESTABLISHING ARTICLE II. OF CHAPTER 86, IMPLEMENTING A PROPORTIONATE FAIR SHARE MITIGATION PROGRAM RELATED TO TRANSPORTATION FACILITY IMPACTS PURSUANT TO THE REQUIREMENTS OF FLORIDA LAVA; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Todd Peetz, City Planner, stated that he was available for questions and deferred to the City Attorney to provide background for the ordinance. Attorney Garganese explained that if the City had a development project that caused the transportation level of service to fail beneath the City's minimum level- of service, the developer must pay their proportionate fair share of the roadway improvement that would bring the roadway back to the proper level of service. The ordinance is recommended by the Florida Department of Transportation. Ms. Roberts questioned if this applied to the Port. Mr. Petsos replied that the Port was not required to address concurrency issues. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve ordinance No. 20 -2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoag, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 9. Motion to Approve: ordinance No. 21 -2006; at First Reading. Mayor Randels read Ordinance No. 21 -2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09130106, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTNE DATE. Andrea Bowers, City Treasurer, informed that this ordinance completes the 2005/ 2006 Budget year. She informed that $126,000 was available from the Police Services contract. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 16 of 17 There was no public comment. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 21-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. SITE PLAN: 10. Hertz "'Local Edition" Vehicle Rental Facility. Mr. Bill Stevenson, representing the owners of an out parcel of slightly less than an acre on the Residence Inn property, requested that the Council consider the request. He stated that the parcel on a north portion of the Residence Inn parcel. Mr. Petsos inquired about the St. Johns requitement. Mr. Boucher explained that one of the conditions was that St. Johns reserved the right to review the drainage aspects of development on the two out parcels. Mr. Boucher noted that the drainage on the southwest portion and said that asked if the appropriate drainage easement were secured. Mr. Stevenson explained that the condition was met for 70 percent or less of impervious surface. He informed that a binding Agreement was drafted in August and send to St. Johns that provides the out parcels owners ingress and egress. However, the authorizing Agency was slow to respond. Mr. Boucher stated for the record that Mr. Stevenson obtain the Agreement. Mr. Morley added that he has historically received Notices of Intent to Permit. Mr. Stevenson replied to Ms. Roberts that a Car Rental facility did not Incur many employees. Ms. Roberts Informed that Gold Service usually requires more employees. Mr. Stevenson stated that this facility would not incur the volume such as that of the Orlando Airport. Ms. Roberts clarified that this site would not operate as a full service Hertz site in the traditional sense. Mr. Stevenson replied that the facility met Hertz needs within the parameters of the lot, Ms. Roberts asked if the fagade was a Hertz generated fagade. Mr. Stevenson stated that what was selected fits in with the adjacent building as reviewed with the Architectural Review Board. Mr_ Boucher replied to Mr. Petsos that the two Hertz locations were not linked. Mr. Stevenson affirmed that handicapped parking was available. He also affirmed for Mayor Randels that ingress was made from the Residence Inn. Mr. Stevenson Informed that the hotel would also share sign space and apply for an amended sign permit. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve A site Plan for the Hertz "Local Edition" Vehicle Rental Facility. The vote on the motion carried " with voting as follows; Mayor Pro Tern Hoog, For, Mn, Nicholas For, Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting November 21, 2006 Page 17 of 17 REPORTS: Due to the lateness of the hour, there were no reports. ADJOURNMENT: There being no further business, the meeting adjoumed at 11:01 P.M. _. Rocky Randels, MAYOR Susan. ills, Clio, CITY CLERK