Loading...
HomeMy WebLinkAboutMinutes 04-19-2005 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 19,, 2006 7:00 PM MINUTES CALL To ORDER: ROLL CALL: Council Members Present: Mayor Pro Tern Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Council Member Absent: Council Member Steve Miller Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Assistant City Attorney Kate Latorre City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Storm Water Coordinator Jeff Ratliff PRESENTATION: Waste Management, Implementation of the Automated Cart Program for Garbage and Green Waste. Mr. George Geletko, Representative of Waste Management, Inc., presented a report on implementation of the Automated Roll Cart Program. His presentation would provide a p status on the program, the size of the carts and the proposed pick -up schedule. Mr. Geletko stated that residents would have two interchangeable carts for both yard waste and arba a and he also stated that the 96- gallon cart could hold three garbage cans. He g 9 expressed the benefits of how the automated system would decrease blown debris. Mr. Geletko explained the pick -up schedule as a three day per week schedule; one day for green waste, one day for recycling and two days for garbage pick -ups. Large item pick- ups would be performed on the second garbage pick -up day. Mr. Geletko stated that a four time major clean -up would occur in January, April, June and November to clear -out City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 2 of 12 substantial landscape debris especially during the pre and post hurricane season. He explained that the large containers would benefit in keeping leaves out of the storm drains. p g Mr. Geletko stated that several media would provide customer education through: 1 ) direct mail, the Hometown News, and 3) the City web site. He stated that there are two cart sizes available, the 64-gallon to accommodate zero lot fine properties and the 96- gallon for residences. Mr. Geletko outlined that Phase I includes a direct mail to residents during the first week of May. Phase 11; continued communication during the first week of June and Phase 111; the cart delivery during the last two weeks in June. Mr. Geletko emphasized that education would occur prior to the cart delivery. He called on Mr. Kenny Rivera to address the proposed pick up schedule. Mr. Rivera pointed out that Shorewood Drive south to Madison Avenue comprised the Monday/ Thursday pick -up and south of Madison Avenue to Grant Avenue from the beach Y access to Atlantic Avenue would make up the Tuesday/ Friday. He planned to ensure that residents were informed of their schedule for garbage and yard waste pick -ups. Mayor Randels asked if the company planned to have two trucks operating in order to return to the one day, both side of the street pick -up. Mr. Rivera replied that an additional truck depended on the City's overall growth. Mayor Randels expressed that a Monday green waste pick --up was essential to the after the weekend debris removal. Mayor Randels explained that last fall the city entered into an Agreement with Waste //Management and the automated cart program was proposed. He stated that the City's garbage rates decreased by seventy cents per unit total since December 2004. The rates would remain decreased as long as the city's growth continued. Mayor Randels stated that the cart program would impact 1,000 single - family homes. Mr. Rivera stated that the cart program did not apply to condominiums. Mayor Randels explained that the savings would implement the cart system and, therefore, lower operations and worker's compensation expense for the company. Mr. Rivera explained that the refrigerator magnets would outline the days for the quarterly major yard waste clean -ups. Ms. Andrea Schaffner pointed out that according to the proposed schedule, the carts would remain at the curb for five days per week. Discussion followed on reducing the number of pick -ups. Mr. Tom Quinn expressed that that carts were too large for most garages and he preferred to keep the existing system. Mr. Dunn asked if there was an option on a resident's preference of cart size. Mr. Geletko explained that those who live in residences with zero lot line would receive the 04- gallon cart. Mr. Geletko explained to Mayor Pro Tem Hoog that the planned scheduled was proposed in order to perform a complete pick -up. Discussion followed on adjusting the schedule in order to accommodate a full City pick -up of yard waste on Mondays. Mr. Geletko replied to Mr. Petsos that Satellite Beach, lndiatlantic and Melbourne Beach were also looking into the cart program. Mr. Boucher reminded that the schedule was set for implementation by July 1. Discussion continued on adjusting the collection schedule in order not to have carts on the street many days out of the week. City of Cape Canaveral, Florida City council Regular Meeting April 19, 2005 Page 3of12 Mr. oeletko replied to Mayor Randels that the Clam Shell is used for oversized yard waste loads and the carts could contain all other yard waste debris. He replied to Mayor Pro Tern Hoog that at this time the Clam Shell removes bulky items. Mr. Rivera replied to Mayor Randels that two and one -half trucks are in operation to clear the entire City using y the existing system. Mr. oeletko emphasized that the cost of the vehicle warranted frequent use. He stated that the Agreement outlines a timeline for implementation. Mayor Randels recommended a workshop in order to address details of the program before implementation. BOARD INTERVIEW: Don Bergherm, construction Board of Adjustment & Appeals Mayor Randels clarified that Mr. Bergherm expressed an interest to serve on the code Enforcement Board; however, there are no vacancies on the Code Board at this time. Mr. Don Bergherm responded to the Assistant City Attorney, Kate Latorre that all information on his application was true and correct to the best of his knowledge. He disclosed no pending projects in the City that would cause a Conflict of Interest. Mr. Bergherm stated that he has spent most of his adult life working in government. His experience is not of a technical nature in construction, but of rules and regulations of g overnment, primarily the Federal government. He also worked in dispute resolutions with the Internal Revenue Service. He is a licensed realtor and has an active interest in real estate issues. He expressed his personal interest as a resident to see quality in Cape Canaveral real estate. Mr. Morgan and Mr. Petsos expressed that he would be an asset to the Board. Mayor Randels related that Mr. Bergherm served as President to the Costa del Sol Condominium Association. Mr. Quinn affirmed to Mayor Randels that the Board last met in 2003. Mayor Randels explained to him that the Construction Board of Adjustments and Appeals is a Board based on an applicant's perception of the Building officials decisions. The Board is called on to resolve issues when an applicant disagrees with those decisions. The Board has not met due to the Building official's effective performance. Mr. Bergherm stated that he would be happy to serve if it served the needs of the community. Mayor Randels stated that a Resolution to appoint him to the Board would be placed on the next city Council meeting Agenda. CONSENT AGENDA: 1. city council regular Meeting Minutes of April 5, 20050 2. Proclamation for Municipal Clerks Week. 3. Proclamation for National Public Works Week. 4. Resolution No. 2006 -10; Re- appointing Three Regular Members to the Community Appearance Board (K. Hayes, B. Bruns, and W. Bowman). City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 4 of 12 51 Resolution No. 2005 -11; Appointing one Regular Member and one First Alternate to the Business and Cultural Development Board (B. Leach and J. Anderson). 6. Renewal of Turf Area Fertilization, Insect, Disease, and Weed Control Services with Black's spray service in the Amount of $13,365. Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. Mayor Pro Tem Hoog questioned why Mr. Bowman did not submit a reappointment letter. Ms. Stills stated that Mr. Bowman did not submit a letter of reappointment in that he was considering his decision. Council requested to see a response from Mr. Bowman prior to reappointing him to the Community Appearance Board. Mayor Randels stated that Resolution No. 2005 -10 would proceed and Walter Bowman's name removed until he submits his reappointment letter. A motion was made by Mr. Morgan and seconded by Mayor Pro Tom Hoog to Approve Consent Agenda Items No. I through 6 as submitted. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 7. Motion to Approve: Collective Bargaining Agreement with the International Union of operating Engineers, Local 673. Ms. Stills distributed final corrections to the Union Contract. Mayor Randels thanked Ms. Stills for her assistance in working through the negotiations. Mayor Randels made note of the decrease of the Probationary Period from six months to 90 -days, benefits to part -time employees, a 1.5 percent Cost of Living Adjustment, and elimination of the of the word "may" and inserting "shall" for employees who receive a very good or higher on their performance evaluations. Mr. Boucher stated that the Union ratified the Contract. He also stated that the City Attorney's office approved the Contract for legal form. Mayor Randels concluded that the Contract was for a three -year term and up to three items per year could be negotiated. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Collective Bargaining Agreement with the International union of operating Engineers, Local 673. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tom Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 5 of 12 8. Motion to Approve: Proposal from L.A. Construction to Construct the Remaining Pedway at Manatee sanctuary Park in the Amount of $19,255.00. Ms. Hanson explained that due to the grant award, the first section of the pedway was completed; however, in order to make effective use of equipment and the current cost of materials, she recommended project completion. Mayor Randels stated that Recreational Impact Fees were available. A motion was made by Mr. Petsos and seconded by Mayor Pro Tom Hoog to Approve the Proposal from L.A. Construction to Construct the Remaining Pedway at Manatee Sanctuary Park in the Amount of $119,255,00. The vote on the motion carried 4"0 with voting as follows: Mayor Pro Tom Hoog, For; Mr, Morgan, For; Mr. Petsos, For and Mayor Randels, For. 91 Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates to Conduct a Residential Inventory of Developed and Vacant Land in the Amount of $11 9 00000. Mayor Randels explained that the Planning and Zoning Board recommended a study in order to address residential density. Mr. Lamar Russell stated that the Board was asked to prepare this item, however, he inquired of the source of the request. Mr. Petsos replied that he made the request. Mayor Randels stated that this item is not budgeted and would be expended from the General Fund Contingency. Mayor Randels made note that the motion language would be amended to read "in an amount not to exceed." Mr. Petsos expressed that this research would allow for planning prior to the next Comprehensive Plan review. Attorney Garganese pointed out that the study is a prudent step in providing data and analysis. Mr. Morgan expressed his concern with the possible effects of changing the density and creating a non - conforming status. Mr. Petsos stated that his concern was redevelopment. Mr. Morgan explained that a lot that could accommodate five units would only be allowed to reconstruct three units. Attorney Garganese pointed out that another purpose of the study would identify the potential in conversions of a single- family area to a large condominium project that might not sustain service levels. The data would establish if there was a need. Mr. Morgan stated that he saw that reduction would occur during reconstruction. He only saw jeopardy on roadways and streets. Mayor Pro Tern Hoog noted that on the last report from the Building Official, he save no more than 13 units per acre. He stated that the existing data did not support the need for a study. Mr. Morgan stated that a decrease in density would automatically occur due to zoning even during redevelopment. Mr. Lamar Russell expressed that he was not hearing the Council's favor to proceed with the research and, therefore, did not choose to waste the Board's time with review if Council was not in expressed favor. Mr. Morgan stated that the City's levels of service are intact. Mr. Boucher replied to Mr. Morgan that the Wastewater Treatment Plant was at 51 percent capacity with three - quarters of the City developed. Mayor Randels summarized City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 0 of 12 that consensus appeared split and questioned if the Council should wait until Mr. Miller were present to formulate a decision. Mr. Morgan stated that zoning is stable and the Building official would not allow more units per acre than allowable. Mayor Pro Tem Hoog stated that he was not in favor of the study due to the cost. He expressed that special exceptions that he found similar to spot zoning impacted an area to a greater extent. Mayor Randels explained that on the Presidential streets more units could be constructed per lot. Mr. Morgan requested that council Table the Item Until the Next scheduled City council Meeting. Mayor Randels stated that this would allow for the inclusion of all members of the Council. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Table the Proposal from Todd Peetz of Miller Legg and Associates to Conduct a Residential Inventory of [developed and Vacant Land in an Amount Not to Exceed $11 ,000.00. The vote on the motion to Table Item No. 9 carried 4-0 with voting as follows: Mayor Pro Tem Hoag, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Approve: Settlement Agreement with Mermaid Key, LLC. Mayor Randels read the Agreement Whereas clauses as: • Whereas, Mermaid Key owns certain real property located within the City; and • Whereas, Mermaid Key intends to develop the Subject Property in the future; and ■ Whereas, Mermaid Key contacted the City Building official with the intention to remove certain noxious /invasive trees species from the Subject Property; and • Whereas, the Building official noticed Mermaid Key that a land clearing moratorium was currently in effect; and • Whereas, Mermaid Key indicated that it fully understood and intended to comply with the provisions of the land clearing; and ■ Whereas, the Building official authorized Mermaid Key to clear noxious/invasive tree species from the Subject Property; and ■ Whereas, on March 10, 2005, the Building official performed a routine inspection of the Subject Property in furtherance of ensuring compliance with his previous authorization and discovered that several native and/or protected trees had recently been removed in violation of the land clearing moratorium; and • Whereas, subsequent to inspection, the Building official prepared an Inspection Report dated March 11, 2005 which evidences the total diameter at breast height (dbh) of the protected trees removed from the Subject Property to be 106 inches; and • Whereas, Mermaid Key admits to erroneously removing the protected trees in violation of the land clearing moratorium; and ■ Whereas, on March 30, 2005, Mermaid Key advised the City it was willing to remediate its removal of the protected trees and settle any potential code enforcement violations against it in lieu of the City instituting code enforcement action and expending valuable resources embroiled in time - consuming code enforcement proceedings; and City of Cape Canaveral, Florida City council Regular Meeting April 19, 2005 Page 7 of 12 • Whereas, Mermaid Key is uncertain as to when the Subject Property will be developed; and • Whereas, the parties acknowledge that providing replacement trees on the Subject Property at this time with no approved development project would be impracticable, due to the uncertainties associated with the future development of the Subject Property; and • Whereas, in order to address this current impracticality, Mermaid Key desires to immediately provide replacement trees to the City to be planted elsewhere at the city's discretion in order to immediately remedy the code violation and to replace a benefit currently enjoyed by the citizens of cape Canaveral; and • Whereas, Mermaid Key acknowledges and agrees that landscaping on the Subject Property will be required when the Subject Property is permitted for development. Mayor Randels read the provisions from Mermaid Key to the city as: • Mermaid Key shall provide to the City a number of trees with a combined dbh of at lease two hundred twelve (212) inches, for planting with the City. • The species and size of such trees shall be subject to the city Manager's prior approval and shall be listed on the Desirable Species List set forth in chapter 102 of the city code. + Each tree shall not be less than four (4) inches dbh. ■ This Settlement Agreement in no way affects Mermaid Key's obligation, upon future development of the Subject Property, to abide by the city's code requirements regarding minimum tree replacement. Mayor Randels read the provision from the city to Mermaid Key as: • The city Manager, at his discretion, shall determine suitable locations within the City for the replacement trees to be planted. • The planting and maintenance of such trees shall be the responsibility of the city. • The city shall not prosecute Mermaid Key for the removal of the protected trees from the Subject Property as long as Mermaid Key satisfies its obligations under the terms and conditions of this Settlement Agreement. Mr. Todd Morley stated that the Agreement summarizes the situation correctly. The City Attorney developed a binding settlement agreement. Mr. Gibson was asked to provide a suggested remedy which was submitted to the City Attorney for inclusion into this Agreement. Mr. Gibson, Mermaid Key representative, stated that the situation was grossly misrepresented. He stated that he had the city Manager and the Building Official's authorization to remove Brazilian pepper trees from the site. He informed that a tree survey identified two oak trees on the site, only one of which was removed. Mr. Gibson stated that at the meetings on January 12 and February 1 E #h , he was aware of only oak trees in discussion for the land -- clearing moratorium. At the time of the discussion, his project was one of those grandfathered -in as already in progress. He stated that he contacted the city prior to the pepper tree removal. He stated he was told that there was no need for a site - clearing permit. Mr. Morley also told the St. John's River Water Management that no site- clearing permit was required. Mr. Gibson explained that City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 8 of 12 some pepper tree roots extended into one of the oaks and when the pepper trees were removed, so was the oak tree. When the Building Official inspected the site, wax myrtles came into discussion. He stated that wax myrtles were not considered hardwood trees nor are palm trees. Mr. Gibson informed that two oak trees have since been mitigated onto the property for 200 percent mitigation. He expressed that he had staff approval to remove the peppers and subsequent to that hand -- clearing was authorized. Mr. Gibson explained that he called his hand clearing crew who did not use heavy equipment. He stated further that he requested a permit for a fence; however, an alligator on the site postponed the permit. Mr. Gibson stated that he did not see the fairness of the City attempting to impose a moratorium on a project that had authorization to proceed. He stated that his firm's offer to settle has been withdrawn subsequent to the Agreement letter from the City Attorney. Mayor Randels affirmed that those developers who had begun projects were excluded from the moratorium. Mr. Gibson replied to Mayor Randels that one oak tree was removed and two have since been replaced. Mayor Pro Tern Hoog clarified that the moratorium was on protected trees and stated that palm trees are included in the mitigation portion of the land- clearing ordinance as well as the wax myrtle. Mr. Morgan pointed out that there is a Section in the Ordinance that references protected trees. Attorney Garganese stated that he prepared a Settlement Agreement based on information provided. He recommended that the council rescind the Agreement and proceed through Code Enforcement action. Mr. Morley replied to Mayor Pro Tern Hoog that in accordance with City code, he is required to notify the St. John's River Water Management district with regard to potential disturbance of wetlands. Mr. Morley reported that there was no destruction of mangroves. The representative from St. John's suggested, however, that land clearing discontinue until a permit was granted or a notification of no permit acquired. Mr. Morley replied to Mr. Morgan that the projects in process were subject to the existing ordinance. Mr. Morgan requested to know what was destroyed according to the current City codes. Mr. Morley replied that 100 inches of protected species was cleared. Discussion clarified that there was no land - clearing permit. Attorney Garganese stated that under the existing code, the penalty is $250.00 per inch for violation of tree removal. Mr. Gibson restated that both Mr. Morley and Mr. Boucher told him that he did not need a land - clearing permit which was also told to the St. John's representative. Mr. Gibson informed that palm trees are not measured by diameter at breast height [dbh] but by height. Mr. Gibson replied to Mr. Morgan that two, five to five and one --half diameter oak trees have since been mitigated. Mr. Petsos recommended that staff address this issue. Mayor Randels referred to section 102 of the City code and reminded that this code is still in effect regarding tree protection. Attorney Garganese stated that the Settlement Agreement was an opportunity to avoid an adversarial proceeding before the code Board. With a reasonable settlement to approve, the matter would proceed to the Code Board. Mr. Gibson responded that he was unaware of any time limitation to respond to the Settlement letter. Mayor Randels inquired as to what would resolve 105 dbh of destroyed trees? Mr. Boucher stated that the final issue is the location to plant the proposed trees City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 9 of 12 and to provide a specified time. Discussion followed on the rationale of planting trees that might need relocation at a future date. Mayor Randels recommended an escrow account for the cost of planting replacement trees. Discussion followed on remedies for mitigation. Mr. Boucher asked if Council preferred that the developer mitigate 100 dbh or 212 dbh. Mayor Pro Tern Hoog asked if he could plant three additional oaks. Mr. Gibson affirmed. Mr. Norm Boucher suggested that the developer donate three oak trees to the Manatee Sanctuary Park. Mr. Morley replied to Mayor Pro Tem Hoog that a compliance inspection identified that protected species were removed. He stated that only authorization for Brazilian pepper removal was granted. Attorney Garganese inquired if the Council preferred three, five to five and one-half dbh oak trees planted at the Manatee Sanctuary Park. Council members agreed by majority that these terms were acceptable. Mr. Boucher confirmed that the trees would be planted within 30 days. He said that once the trees were planted and the planting confirmed, then Mermaid Key could resume with construction. Attorney Garganese stated that Mr. Gibson and/or Mr. Greene needed to sign the Binding Settlement Agreements based on the agreed upon terms. No further action was taken on this item. ORDINANCES: second Public Hearin 11. Motion to Adopt: Ordinance No. 05. -2005; Amending Chapter 102, Vegetation; Providing for Land Clearing Permit Requirements; Providing for Standards of Review; Providing for Rules and Regulations Regarding the Preservation of Trees; Providing for Tree Replacement Guidelines; Providing a Limited Exception for Land with Three or Fewer Residential Dwelling Units; Providing Conforming Amendments to Chapter I10, Sections 568 Through 558, at second reading. Mayor Randels read Ordinance No. 05 -2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES, VEGETATION; PROVIDING FOR LAND CLEARING PERMIT REQUIREMENTS; PROVIDING FOR STANDARDS OF REVIEW; PROVIDING FOR RULES AND REGULATIONS REGARDING THE PRESERVATION AND PROTECTION OF TREES; PROVIDING FOR TREE REPLACEMENT GUIDELINES; PROVIDING A LIMITED EXCEPTION FOR LAND WITH THREE OR FEWER RESIDENTIAL DWELLING UNITS; PROVIDING CONFORMING AMENDMENTS TO CHAPTER 110, SECTIONS 666 THROUGH 588; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. For the record, Mayor Randels stated this as the eighth meeting on this issue. He recounted the dates as: December 13, 2004 the first Joint Meeting with the Planning and Zoning Board; the second meeting, the First Reading, January 18, 2005 to Approve the First Reading of imposing a 30 -Day Moratorium; Second Reading, February 1' the City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 10 of 12 Second Reading to Impose the 30 -Day Moratorium ; the fourth meeting, a Joint Meeting with the Planning and Zoning Board on February 23 rd ; the fifth meeting, on March 1 st a Joint Meeting with the Planning and Zoning Board and the City Council continued review of a 30 -page draft ordinance; the sixth meeting, a Joint Meeting with the Planning and Zoning Board on March 9 th and City Council reviewed a 37 -page draft ordinance; the seventh meeting on March 21 a revised 42 -page draft ordinance. This meeting on April 1 9th being the eighth meeting and Second Reading and Final Hearing on the Ordinance. The meeting was duly noticed by legal advertisement on April 9th. Mayor Randels noted on Page 5, Section 102 -37 a provision that was inserted during Mr. Morgan's absence, "this division shall be applicable to all land lying in the incorporated area of the City of Cape Canaveral, except for residential dwelling units as specifically set forth in subsection (e) below. Specifically three or less residential building units, land containing three or less residential units shall be exempt." Mr. Morgan affirmed that he was aware of the amendment. Discussion clarified that the three units or less exemption would be addressed at a later time in a separate ordinance. Mayor Randels expressed concern with a lot at the corner of Harbor and Coral Drive. Mr. Morgan explained that he could build up to seven units; however, he planned to develop four units on the .6 acre lot. Mr. Morgan referred to a residential lot in Harbor Heights with a large tree that might also hinder development. Mr. Morley noted the difference in penalties between the existing codes to the proposed code. He informed that the proposed code would incur penalties to Mermaid Key in an amount $19,500; however, those penalties are $25,500 under the existing code. Discussion brought out that the intent of the ordinance was to present the developer with options for mitigation and not to emphasize penalty for removal. Mr. Morgan pointed out that the goal was tree protection. Mr. Morley also asked if the City planned to continue to measure palm trees by diameter at breast height [dbh]. Attorney Garganese informed that by using State law, $5,000 is the standard for an irreparable violation. A tree over 24- inches and a specimen tree incurred a double penalty. Mr. Morley replied to Mayor Pro Tem Hoog that Mr. Greene requested to remove the Brazilian peppers in order to gain a more accurate tree survey. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt ordinance No. 05 -2005 at second reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tenn Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 12, Vacation Rentals. Mr. Boucher informed that Brevard County discussed this matter; however he intended to develop more specific definitions in order to provide regulation. Mr. Morgan stated that City of Cape Canaveral, Florida City Council Regular Meeting April 19, 2005 Page 11 of 12 there is no licensing for this type of activity and that is a cause for violation. Mayor Randels explained that these rentals are advertised on the Internet and large groups are taking Y advantage of using single- family residences as vacation rentals. Mr. Boucher stated that Code Enforcement is pursuing regulation; however, it is difficult to regulate a covert activity. Mr. Morgan expressed to see condensed language regulating the disallowance of the activity. Mayer Randels concluded that staff has Council's consensus to proceed with ordinance language. Mr. Norm Boucher related that augmentation to the properties have occurred to accommodate the large groups. He spoke in favor of a brief but effective ordinance and suggested to take action now and not wait for a County ordinance. AUDIENCE To BE HEARD: • Mr. Lamar Russell inquired about Ordinance No. 04 -2005 on the City Council March 15 Agenda. He referred to the item on vehicle Rentals. He stated that the item was referred to the Planning and Zoning Board from the Board of Adjustment and was reviewed at length; however, the City Council refused to make a motion on the item for discussion. He asked why the City Council disregarded the item. Mr. Morgan expressed that he was not aware of the background details. Mr. Petsos stated that he did not support the item. Mayor Pro Tem Hoog expressed that he sat in on the Planning and Zoning Board meetings in the past; however, he listened at the Board meeting and he was not asked any questions. He stated that the Scooter Rental owner is currently breaking his Special Exception provision and he expressed that scooter rental does not promote tourism, but a problem. Mayor Pro Tern Hoog stated that he was not in support of the ordinance. Mr. Russell expressed that his past year on the Planning and Zoning Board has been unbenefcial. He also expressed that when the Board crafts new ordinances and performs research, he finds language that the City used in 1985. He finds what the Board has done so far is an effort for other communities. He concluded that the Board would like to have heard from the Council on the issue. REPORTS; City Manager • Mr. Boucher reported that he needed to schedule four workshop meetings: the Access Management Plan that needed discussion in a Joint Meeting with the Planning and Zoning Board, the Goals and Action Meeting, the City Hall Facilities Flan, and a workshop on the Waste Management cart system. • Mr. Boucher reported that he received the Portuguese visit itinerary. Ms. Christina Brown of NASA is traveling to Portugal and will gain further information. Mr. Boucher stated that he has passport renewal applications for those interested ingoing. He restated that the airfare at this time is $1 ,100 and Ms. Brown will inquire about any specials for Intemational Relations. • Mr. Boucher stated that further discussion is needed on gaming ship illegal sewage dumping. He informed that he received a response from Canaveral Port Authority stating that they are meeting the three -mile requirement. He asked if the Council desired for him to confer with other coastal cities on this matter. Council discussion pointed out that coastal water quality is diminishing and action is needed due to its impact on these communities. City of Cape Canaveral, Florida City Council Regular Meeting April 1 2005 Page 12 of 12 2. staff No reports were forthcoming due to the lateness of the hour. 3. City Council Mayor Pro Tom Hoog Mayor Pro Tem Moog inquired about the status of BellSouth's objection to remove their utility from county right -of -way. Mr. Boucher replied that a Brevard County Roadway representative will write BellSouth a letter. Attorney Garganese stated that BellSouth had two objections: 1) the City cannot force them to move a utility from a County roadway and 2) the developer should incur the cost because of the resulting benefit. ADJOURNMENT: There being no further'business the meeting adjourned at 10:25 P.M. Rocky Randels, MAYOR Susa , : StiA. , - CITI� CLERK H , 1. I