Loading...
HomeMy WebLinkAboutMinutes 09-19-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 19, 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 Burt Bruns Mayor Pro Tern Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate Latorre City Clerk Susan Stills Building Official Todd Morley BOARD INTERVIEWS: Andrea Rice, Beautification Board Ms. Rice affirmed that all of the information on her application was true and correct to the best of her knowledge. Ms. Rice said that she saw no conflict in her serving on the Board. She stated that she lived in Cape Canaveral for 28 years and she worked with some of the City Council's children and grandchildren as an educator providing seeds of learning. She informed that she worked with the Energy Action Patrol and on some beautification projects with the Brownie Troop through Cape View Elementary School. Ms. Rice stated that to have the City remain a tree City was an advantage in beautification. Mr. Bruns stated that Ms. Rice had a good background and would be a welcome addition to the Board. Mr. Nicholas informed that Ms. Rice has been beneficial when she attended a number of Board meetings. Mr. Petsos and Mayor Pro Tern Hoog also welcomed her to the Board. Mayor Randels stated that Ms. Rice was an asset in many phases of beautification efforts such as tree planting and others. Ms. Rice replied to Mayor Randels that she would enjoy working on the Ridgewood Avenue project. She explained how she would like to see a shade project in the Washington and Ridgewood City Council Regular Meeting September 19, 2006 Page 2 of 11 Avenue area. Discussion followed on trees or some sort of canopy element in the Cape View kindergarten area. Mayor Randels concluded that a Resolution to appoint her to the Board would be placed on the following City Council Meeting Agenda. Dianne Marcum, Business & Cultural Development Board Ms. Marcum stated that all of the information on her application was true and correct to the best of her knowledge. She did not anticipate any conflict in serving on the Board. Ms. Marcum informed that she has been a resident for 10 years. Ms. Marcum stated that she served on a University Board and she also served several terms on the East Central Florida Health Council. She was also with Walt Disney World for 15 years in Strategic Planning and Human Resource Planning. Ms. Marcum is a Certified Public Accountant and she coordinates the AARP tax service at the Cape Canaveral Library during that season. Ms. Marcum informed that she has a book on travel in progress. Council members welcomed Ms. Marcum to the Board. Mayor Randels informed that he attended a meeting at which Mr. John Anderson, Board Chairperson, allowed Ms. Marcum to assist with the Board discussion prior to her appointment. Ms. Marcum responded to Mayor Randels that the Board would need to address the balance protecting the natural resources while accommodating the visitors and to address the employment for business in light of the housing market. Mayor Randels concluded that a Resolution to appoint her to the Board would be placed on the following City Council Meeting Agenda. James B. Evetts, Construction Board of Adjustment & Appeals Mayor Randels noted two regular vacancies for this Board and informed that Mr. Evetts is a structural engineer. Mr. Evetts stated that all of the information on his application was true and correct to the best of his knowledge. Mr. Evetts replied to Attorney Latorre that he would not have a Conflict of Interest and as a Florida Engineer he would need to disclose his involvement with any contractor. He did not anticipate frequent refrain from voting. Mr. Evetts stated that he was in favor of the infrequent Board meetings. Mr. Evetts informed that he was born and raised in Cocoa Beach and he left, but returned to the area and resides in and opened a business in Cape Canaveral. Mr. Bruns stated that Mr. Evetts background as a structural engineer would complement the other Board members. Mr. Evetts asked if his action on the Board was protected from civil liability. Attorney Latorre replied that he was protected as a public official under sovereign immunity. Council members welcomed Mr. Evetts to the Board. Mr. Evetts informed that he worked with the Cape Canaveral's Fire Department and he related that the City's fire service was well trained and an asset to the community. Mr. Evetts recounted the events of a recent ship board disaster and disclosed how well executed the Fire Department emergency team responded. Mayor Randels concluded that a notation would be made to identify his name as Byron and a Resolution to appoint him on the Board would be placed on the next Council Agenda. City Council Regular Meeting September 19, 2006 Page 3 of 11 CONSENT AGENDA 1. City Council Regular Meeting Minutes of September 5, 2006. 2. Resolution No. 2006 -31; Reappointing Members to the Board of Adjustment (Constance McKone and Paula Collins). 3. Resolution No. 2006 -32; Reappointing Members to the Code Enforcement Board (Mary Russell, Walter Godfrey, Karen Hartley and Craig Stewart). 4. Resolution No. 2006 -33; Reappointing Members to the Library Board (Joanna Atwood, June Bell and Mary Ernst). 5. Resolution No. 2006 - Reappointing Members to the Recreation Board (John Dattilo, Marianne Kulac- Taiani and Regina Mead). 6. Resolution No. 2006 -35; Appointing an Alternate Member to the Business & Cultural Development Board (Gene Vlahovic). Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Mayor Randels informed that Mr. Gene Vlahovic was previously interviewed and would be appointed due to Mr. Craig Smith and Ms. Beth Foy separation from the Board. Mayor Pro Tern Hoog noted that under the City Manager's Reports the park in discussion was Banana River Park not Manatee Sanctuary Park. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve Consent Agenda Items No.1 through 6 with the noted correction on the City Council Meeting Minutes of the Banana River Park. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 7. Motion to Approve: 200612007 Blue Wave Certification for Cherie Down Park. Mayor Randels stated that the Blue Wave Certification Application was $1,275. Mayor Randels informed that in the European travel market a Blue Wave beach was a mark of distinction and certified by the Clean Beaches Council. Some of the qualifications for the designation include frequent water sampling, adequate lifeguards, and local ordinances on animal control, public restrooms and adequate parking. Mayor Randels referred to a photo in which a check was presented by Christine Todd for $544,000 that inflated Cherie Down Paris as a Blue Wave Beach. City Council Regular Meeting September 19, 2006 Page 4 of 11 Mayor Pro Tern Hoog questioned how often the water testing was performed. Mr. Boucher informed that the Brevard County Health Department would perform the testing. Mr. Petsos stated that the City sends much funding to the County with little returned and he questioned how the City residents would benefit from the designation. He expressed that the Tourist Development Council [TDC] would benefit more. Mr. Petsos stated that the City did not budget for this venture and he proposed that the business community, the TDC or the Beach Renourishment Committee support this endeavor. Mayor Pro Tern Hoog expressed agreement with Mr. Petsos. Mayor Randels concluded that Council would forward the Blue Wave Certification for Cherie Down Park to the Tourist Development Council. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 11 -2006; at First Reading. Mayor Randels read Ordinance No. 11 -2006 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110- 334(c)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that the City Attorney advised the use of a map as an exhibit to the ordinance and publish notice as a first public hearing. Mayor Randels stated that this proposed ordinance would prohibit any residential development along the A1A corridor in the C -1 zoning district. Mayor Pro Tern Hoog referenced the previous Planning and Zoning Board meeting at the Library in which Mr. Johanson asked if the non - conforming structure discussion applied to this ordinance and the City Attorney affirmed that it did. Attorney Latorre explained that Mr. Johanson's question addressed of residential properties enjoying the privilege of a Special Exception in the C -1 zoning district. He asked if a hurricane or natural disaster destroyed a townhome and the cost to re -build and make it whole were more than 50 percent of its appraised value, then the townhome would not be reconstructed unless it is in conformance with the Code. She stated that the ordinance would repeal Special Exceptions rendering them non- conforming uses since they were legal at the time but are no longer and would be grandfathered -in. Also, in the City ordinances Non - Conforming Use, under Section 110- 200, addresses a special permitting process that allows a person or an entity to come before the Council to seek re- building a non - conforming structure and this could occur on a case -by -case basis. Mayor Pro Tern Hoog expressed that the City would have a difficult time explaining to current owners that they could not rebuild in the same manner. Building Official, Todd City Council Regular Meeting September 19, 2006 Page 5 of 11 Morley, informed that there was a time period [18 months] before the property would revert back to the original zoning. Mayor Pro Tern Hoog reminded that there are people still waiting to re -build their homes after Hurricane Katrina. He asked for clarification within the proposed ordinance in order to protect the property rights of the existing residences. Attorney Latorre explained that there are provisions for special circumstances if the residential use was not detrimental to the surrounding community. She urged the Council to revisit the non - conforming use code. Attorney Latorre explained further that the Council could address Mayor Pro Tern Hoog's property rights concerns during discussion on non - conforming use section. Mr. Boucher brought out that discussion on the non - conforming use section would occur first at the next City Council meeting before the final reading on Ordinance 11 -2006. Mayor Randels concluded that it was not the Council's intent to disallow re- building a residence based on a certain use if it were destroyed. Mr. Roger Combs asked when the non- conforming use discussion would occur. Mayor Randels replied at the next City Council Regular Meeting on October 3` A motion was made by Mr. Bruns and seconded by Mr. Petsos to Approve Ordinance No. 11 -2006 at First Reading. The vote on the motion carried 6-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 9. Vacation Rentals. Todd Morley, Building Official, distributed information that he researched this matter and telephoned all beach communities with exception of two. Mr. Morley explained that in Brevard County a Department of Business and Professional Regulations license indicates commercial activity and violators come before their Special Master. The County also requires a Brevard County occupational license to operate vacation rentals. Rentals that are longer than 90 days are not a resort dwelling. He stated that regulation begins at the point of establishing if the property is a resort dwelling such as: multiple turn over in vehicles and people, advertising and if the property is homestead. Mr. Morley informed that the County addresses on a per complaint basis. In the City of Cocoa Beach, they use affidavits from eyewitnesses for evidence to prosecute. Vacation rentals are prohibited in residential zoning and they have included the State's provision on transient lodging in the City code. Permanency such as having a local job helps to identify if the person dwells in a vacation rental. Rentals cannot occur more then three times per year. Mr. Morley stated that the City of Cocoa Beach will take its violators to the Code Enforcement Board. There are some grandfathered properties; however, the properties are required to be licensed. Mr. Morley stated that detection was difficult once a property came under observation. In Indialantic, the one owner found was instructed to desist and at once complied. Indialantic will not allow an occupational license for vacation rentals in a residential district; however Mr. Morley City Council Regular Meeting September 19, 2006 Page 6 of 11 stated that there is a designated tourist district that allows vacation rentals. He stated that Satellite Beach has no transient occupancy regulation. In Satellite Beach some condominiums were used for vacation rentals; however, no occupational licenses were issued for vacation rentals in the residential district. Mr. Morley received no response to his inquiry from Indian Harbour Beach or Melbourne Beach. Mr. Morley explained that under the County regulations if there is an occupational license then the case is closed. Observations were made for a period of less than 90 days and the burden of proof was on the County to establish if a vacation rental exists. If evidence of a rental property is established, then the case proceeds to Code Enforcement. He then read the definition of a "resort dwelling" a single- or multi - family structure that is advertised, rented or subleased for a period of less than 90 days, and rental periods for over 90 days are not part of this definition. Resort dwellings must have an Occupational License. Mayor Randels initiated discussion on what constitutes a business. Mr. Petsos referred to a letter submitted on September 19 from a Mrs. Evelyn Bush of 415 Jackson Avenue. In summary, Mrs. Bush addressed the security issue with a transient demographic next to her home. Mrs. Joan McCluney, of 219 Johnson Avenue, informed that rentals began when the adjoining property was purchased by a gentleman from Orlando. She related how rentals are advertised on the Internet. Mrs. McCluney expressed how the situation was not safe for her as a resident. When she inquired of City staff on how to take action, she was told to get photographs and seek civil relief. Ms. McCluney stated that she did not seek out local law enforcement in fear of retaliation and concluded with how the trash piles up when the tenants leave the property. Mr. Morley replied to Mayor Randels that City staff has had some limited success in identifying those properties that rent for less than seven days with a telephone call. Mr. Petsos emphasized that most residents feared to call law enforcement due to possible retaliation. Mr. Ross McCluney, also of 219 Johnson Avenue, stated that a resident was at risk attempting to take photographs. Council agreed and expressed that fear of retaliation would exist. Mr. McCluney asked if the Brevard County regulation was predicated on all or one of Mr. Morley's listed criteria. Mr. Morley re -read the list and concluded that all criteria appeared to carry equal weight. Mrs. Gibson of 413 Jackson Avenue stated that the trash can remained outside from week to the next. She related that there are more cars than are adequate for the unit. Mrs. Gibson took photographs and concluded that she kept her premises secured due to the transient demographic. Mr. Bruns called for a 90-day minimum of rental time. Mayor Pro Tern Hoog asked if an ordinance were enforceable on multiple person occupancy. Ms. Bea McNeely, Planning and Zoning Board Chair, informed that the Board's discussion ended without any specified definition on occupancy. Attorney Latorre stated that a family is defined in the City code as °a person or group of persons related to each other by blood or marriage, or a group of not more than four adults living together under one roof." Mayor Pro Tern Hoog pointed out that a definitive tool does not yet exist to regulate the 90 day issue; City Council Regular Meeting September 19, 2006 Page 7 of 11 however, residents could call regarding the number of persons in a unit. Mr. Boucher explained that he had no problem with Code Enforcement notifying the owner based on the number of residents occupying the unit since the only other remedy was to issue a Civil citation. Mr. McCluney stated that a need for regulation still exists after the time to address the violation has expired. Mayor Randels explained the properties could be addressed based on a three violation process. Mr. Petsos responded to Mayor Randels that no occupational license exists to operate such rentals. Mr. Boucher suggested notifying the Department of Business and Professional Regulations Hotel/ Motel Division to enforce Florida Statutes Section 509 for operating these facilities. He recommended that the Building Official contact a representative from this Department for a coordinated effort. Attorney Latorre explained that legal counsel is monitoring a lawsuit with Brevard County. She informed that in some municipalities an inspections procedure was more effectively used than a ban. She stated that the number of persons per residence provision established in the City code could be regulated through Code Enforcement. Mr. Petsos suggested regulation on the number of vehicles. Attomey Latorre informed that local government regulation under State Statutes would only apply to four units or less. Mayor Randels listed the types of dwellings under those regulations as: single - family residences, duplexes, and townhomes, tri- and four - plexes. Ms. McCluney asked if the existing operations would be grandfathered -in. Council did not agree with grandfathering -in an operation that was not identified as a licensed business. Mr. Boucher clarified that the City Attorney would draft an ordinance for the Planning and Zoning Board's review that would not allow for rentals of 90 -days or less in properties of less than four - units. Mr. Morley replied to Ms. McNeely that he did not see a need for an additional Code Enforcement Officer to assist with regulation at this time. 1. City Manager • Mr. Boucher reported that the Treasure Island Lift Station rehabilitation was delayed. • Mr. Boucher would meet with Keep Brevard Beautiful and the Hotel /Motel Group on the trash receptacles on the beach. • Mr. Boucher referred to an e-mail from the Building Official for the Community Appearance Board regarding a CVS Pharmacy in the City. • Mr. Boucher related that Mr. Morley presented his findings to the Planning and Zoning Board on liquefied petroleum. Council members expressed that they did not agree with individual meetings with the legal counsel for Coastal Fuels. Mr. Boucher stated that a suggested code amendment was forthcoming. • Mr. Boucher informed that he would meet with the representative from the Architect Design Group on Thursday. City Council Regular Meeting September 19, 2006 Page 8 of 11 • Mr. Boucher announced the Final Budget Hearing on Monday, September 25 He stated that the City received an insurance quote on the General Liability; however, the City Treasurer prepared for the increased renewal rate. • Mr. Boucher reported that the bar screen and reuse pumps were repaired at the Water Reclamation Plant. Mayor Randels asked that Treasure Island Club be noted on the delay in the Lift Station rehabilitation. • Mr. Boucher informed that staff is preparing to place their new Budget items on the next City Council meeting agenda. 2. Staff Building Official • Mr. Morley reported that he had submitted a checklist for the International Property Maintenance Code. Council could return their lists to him at any time. • Mr. Morley announced that Cape Caribe submitted an expansion project site plan. • Mr. Morley received a request from Mr. Randy May regarding his buffer. The Building Official referred to the development agreement provision that called for a buffer and related that Mr. May asked if he could use 40 -foot by 8 -foot tall storage containers as a buffer. Mayor Pro Tern Hoog informed that the containers, which are already in use, were in violation. • Mr. Morley reported that he received a letter from Mr. Mark Peters on behalf of Mr. Rudy Hardick. Mr. Peters related that he sent a request to Ms. Tina Swanson of Brevard County Department of Natural Resources to identify if any petro- chemical storage tanks exist at the site. City Clerk • Ms. Sfills reported that the Group Health Benefits proposals would appear on the first City Council Meeting in October. There was an anticipated decrease in costs based on a change of medical coverage carder. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne reported that Brevard County drafted an ordinance for mixed - use zoning. He announced a potential luncheon on either October 12 or October 19 on that subject. He announced a breakfast meeting at the Wakulla Motel on Thursday morning at 8 A.M. with Geo Ropert of Lead Brevard. Mr. Osborne also announced a meeting on Thursday, September 21 on Mr. Kip Wagner and the Museum of Sunken Treasures. He questioned if the City had any protocol on placing historical markers and asked if there were any interest in placing a marker on the museum's current site. City Council Regular Meeting September 19, 2006 Page 9 of 11 • Ms. Shannon Roberts asked if the public would be noticed of the upcoming meeting with Coastal Fuels. Attorney Latorre explained that she discouraged individual meetings with the Council as asked for by the attorney for Coastal Fuels given the magnitude of the issue and she encouraged a public meeting. Attorney Latorre explained that any meeting with Coastal Fuels would be by Agenda and noticed to the public. • Ms. Roberts also inquired about the Ron Jon Regional Developmental Impact Study. Mr. Boucher reported that he spoke with Stan Payne who informed that negotiations are in their ninth month. Mr. Boucher anticipated a reply from a public records request from the Department of Community Affairs. • A resident asked if the Ridgewood Avenue project would proceed to the City limits and north to Central Blvd. and to the hall -block south on Johnson Avenue. Mayor Randels replied no regarding the north end portion of his question and he said that the south end of the project would extend only half a block on Johnson Avenue. Mr. Boucher would bring the half block to the engineer's attention for a more efficient bike - pedway design. The same resident asked if there were a trash receptacle on Ridgewood Avenue. Mr. Boucher would follow up with staff. 3. City Council Mr. Bruns • Mr. Bruns questioned the current status of Banana River Park. Mr. Boucher reported that a final inspection on the parking lot was in order. Mr. Petsos commented on the uneven nature of the field. Mr. Boucher would pass the observation to the Engineering staff. • Mr. Bruns commended Attorney Latorre on her response to Attorney Rick Torpey on his request to meet individually with City Council members. Mr. Nicholas • Mr. Nicholas asked to redesign the lettering on the City entrance sign and move up the City of Cape Canaveral name by removing the words "Welcome To." Mr. Petsos • Mr. Petsos asked for a status report on Waste Management. Mr. Boucher reported that he would meet with their staff every Thursday to address any prevailing issues. Mr. Boucher reported that he submitted a $470 fine letter due to the firm's failure to perform on the contract. • Mr. Petsos reported that the Florida League of Cities has Councils now instead of committees. Mayor Pro Tern Hoog serves on Home Rule and he serves on Urban Planning. Mayor Pro Tom Hoog • Mayor Pro Tern Hoog reported that the Home Rule Council reviewed five priorities saying that transportation and homeowners' property insurance cost were its priority matters and these would also be discussed in the City Council Regular Meeting September 19, 2006 Page 10 of 11 November session. Lee Feldman, author of the Fair Share ordinance, was also the key speaker. A local ordinance would be adopted by December 1. • Mayor Pro Tern Hoog brought out his thoughts on some possible mixed -use projects and expressed that there were two potential properties. Ms. Betty Gould expressed favor with the idea for her property and Mr. Ali Tezel also expressed an interest in a mixed -use project. • Mayor Pro Tern Hoog announced a Space Coast Condominium Association Meeting on Saturday, September 23'" at 9:00 A.M. at the Holiday Inn in Cocoa Beach in which Mr. Bruce Douglas, Chairman of the Board for Citizens Insurance, is the keynote speaker and Mr. Nathan Miller of the Public Comprehensive Hurricane Damage, Mr. Phillip Harris, Regional Director of Department Financial Services and Lou Barone, Chairman of the CAI Florida Legislative Alliance. Mayor Pro Tern Hoog stated that he could not be there and he encouraged any interested persons to attend. Mayor Randels replied that he would attend. Mayor Pro Tern Hoog planned to take the information with him to the League Conference in November. Mayor Randels • Mayor Randels reported on the Cocoa Beach Jr. /Sr. High School Feeder Chain Meeting on Monday, September 2e which is time for review of new students from Roosevelt and Cape View students. • Mayor Randels announced his final meeting with Ron Pritchard. He asked the Council about the desired number of anticipated parking spaces at Cherie Down Park. Mr. Boucher informed that each District Commissioner had discretionary funds that could be used to acquire the parking spaces at Cherie Down Park. • Mayor Randels announced an Institute for Community Housing meeting on Friday, October 13th. Mr. Boucher announced that the Planning and Zoning Board Members as well as the Business and Cultural Development Board members were also invited. Mr. Petsos requested information to deliver to the Urban Council. • Mayor Randels reported on a Florida Today article wherein 89 percent of callers in a survey said that Brevard County has a better quality of life. • Mayor Randels asked for consensus in ordering a larger number of legislative information pamphlets from the League of Women Voters. Mayor Randels pointed out the frequent use in the City welcome packets and public information racks. • Mayor Randels reported that he met Ms. Susan Clemmons, the new Director for the Freedom 7 Senior Community Center. The Center has 400 members on their mailing list and 120 are in Cape Canaveral. There goal is increased membership and a new location. • Mayor Randels also commended the City Attorney's office for their response to Mr. Torpey. • Mayor Randels reported that the "Think Green" grant would provide new trash receptacles on the beach. He related that Waste Management awarded the City City Council Regular Meeting September 19, 2006 Page 11 of 11 $10,000 toward this project with an anticipated match from Keep America Beautiful. • Mayor Randels expressed his favor with the North Atlantic Avenue road widening. • Mayor Randels reported on a Fiscal Stewardship meeting and related discussion on the group's goal to determine the impact of "Save Our Homes" on property taxes. • Mayor Randels reported on a newspaper article reading that the State would purchase the Thousand Islands in Cocoa Beach with Environmentally Endangered Lands funding. ADJOURNMENT: There being no fuMeFpusiness, the Chair adjourned the meeting at 9:50 P.M. Rocky Randels, MAYOR Susan dhS Cl1�l,._ CITY CLERK