CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
October 17, 2006
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M.
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager Bennett
Boucher
City Attorney Anthony
Garganese
City Clerk Susan Stills
Building Official Todd Morley
Public Works Director Ed
Gardulski
PRESENTATION:
Fall Multi-Family Beautification Award
Ms. Mary Jo Laws made the
Presentation to Mr. John Grandlich representing the Ron Jon Cape Caribe Resort,
Inc. that maintains the
Mayor Randels noted that the
City Attorney, Anthony Garganese and Usher Brown, from the firm of Brown,
Gargenese, Weiss and D’Agresta were recognized for Best Lawyer in 2007 for the
State of
Mayor Randels also noted that
the Hometown News received recognition as the best publication in the nation.
BOARD INTERVIEW:
Betty Darney, Beautification Board
Ms. Darney affirmed that all of
the information on her application was true and correct to the best of her
ability. Ms. Darney stated that she was
already on the Beautification Board for
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of
October 3, 2006.
2. Proclamation for City Government Week.
3. Resolution
No. 2006-44; Appointing Members to the
Beautification Board (Mary Jo Laws, Paula Collins, Elizabeth Mars).
4. Outdoor
Entertainment Permit for Halloween Street Dance Scheduled for Monday,
5. Proposal
to Repair Stormwater Inlets in the Amount of $8,425 by Mudrak Engineering and
Construction Company.
6. Proposal
to Clean Two Stormwater Baffle Boxes in the Amount of $6,000 by Equitas Sewer
Services, LLC.
7. Proposal
to Construct Sidewalks on Monroe and Polk Avenues in the Amount of $36,937 by
Mudrak Engineering and Construction Company.
8. Landscaping
Services for
9. Proposal
for
10. Canceling
the Regular Meeting of November 7th and Scheduling a Special Meeting
to Certify the Election Results on November 9th.
Mayor Randels asked if any member of Council, staff
or interested parties desired to remove any of the Consent Agenda items for
discussion.
A motion was made by Mr. Nicholas and
seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 10 as
submitted. The vote on the motion
carried 5-0 with voting as follows: Mr.
Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and
Mayor Randels, For.
Mr. Nicholas pointed out that no date was provided
to reschedule the meeting.
A
motion was made by Mr. Nicholas and seconded by Mr. Petsos to Cancel the
Tuesday, November 7th meeting and reschedule to Thursday, November 9th.
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.
CONSIDERATIONS:
11. Proposed
Contract for City Hall/ Police Department Needs Assessment and Design in the
Amount of $51,678.
Mr. Boucher outlined the scope of the Needs Assessment and Design project:
1) a spatial needs assessment, 2) to inventory the City facilities, 3) citing
future facilities, and 4) developing the master plan. Mr. Boucher recommended approval. Mr. Kevin Ratigan, Senior Vice President, of
Architects Design Group, Inc. was present for questions. Mr. Ratigan summarized the scope and stated
that the Master Plan would provide the cost upon Council’s approval. He stated that there are many natural
amenities in place and the Design Group planned to propose a realistic plan and
to accommodate the City’s future growth needs.
Mr. Nicholas expressed his preference for a low height level concept
with a separate police department.
Mr. Ratigan replied that the intent is to study the City’s needs prior to
creating the actual design. He informed that the City Manager supplied him with
previous studies; however that design would not work for the community. Mr. Ratigan replied to Mayor Randels that he
anticipated returning to the Council in January and looked forward to
construction within 2007. Mayor Randels pointed
out a 17 percent savings in the project by excluding the sales tax. Mr. Ratigan explained that this a savings on
sales tax for any materials purchases in the project. Generally, labor is 50 percent of the cost
and materials are 50 percent of the cost and the savings can be used for
amenities such as furnishings. Mr. Ratigan
informed that the Department of Emergency Preparedness might have available funds
and this would be included in the report.
Mr. Ratigan explained that the Design Group would include the existing
technology in the future design plans.
A motion was made
by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Proposed
Contract for the City Hall/ Police Department Needs Assessment and Design in
the Amount of $51,678. 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.
12. A
Change Order Request for the Preliminary Design of the Buchanan/
Mr. Jeff Ratliff, Stormwater Administrator,
addressed this item and stated that the Council previously approved $14,000 for
the three tasks in the preliminary work for the project. He stated that
Stottler, Stagg was seeking a change order request for $8,500 for this project.
Mr. Ratliff informed that grant funds
were sought through the Community Development Block Grant [CDBG] program and
the Federal Emergency Management Agency [FEMA].
Mr. Petsos questioned the grant funding and was hesitant to proceed with
the project without certainty on the funding.
Mr. Ratliff replied that the CDBG funds were available; however, the
FEMA funds were not secured. Caveats could be written in the bidding documents
based on securing the FEMA funds. Mr.
Petsos expressed the desire to secure the FEMA funds first. He explained that the project has expanded
from the original scope of work. Mr.
Petsos stated his hesitance to expend an additional $8,500. Mr. Ratliff stated that the project was
identified as a major problem and the engineering drawings would
Mayor Pro Tem Hoog stated that he questioned the
design price and also stated that additional funds were often needed whenever
the City incurred a project with the City Engineers. Mayor Randels stated Tasks 1, 2 and 3 as: the
field surveys, the soil testing and the hydraulics for the cost of
$14,000. He stated Task 4 as the design
for $7,900. Mr. Ratliff explained that
the original project was for Buchanan and Orange Avenues; however the project
has expanded to include two additional inlets.
Mr. Gardulski informed that the pipes and inlets were too small and
caused flooding at Lincoln and Buchanan Avenues. Mr. Petsos clarified that it was the City
Engineer’s idea to change the design and he restated concern with the
additional costs. Mr. Boucher expressed with understanding that the change
order was 65 percent of the original task. He suggested returning with a
presentation and representation from the City Engineering firm. Mayor Randels
concluded that the Council would postpone Item No. 12 until the next
The
motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Postpone
the Change Order Request for the Preliminary Design of the Buchanan/
ORDINANCES:
Second Public Hearing:
13. Motion to Adopt: Ordinance No. 16-2006; at Second
Mayor Randels read Ordinance No. 16-2006 by title.
AN
ORDINANCE OF THE CITY OF
Mr. Boucher stated
that Mr. Steve Luba of Brighthouse Networks answered Council’s questions during
the First Public Reading and had responded to all citizen concerns.
Mr. Luba stated that Brighthouse addressed the citizen concerns that were
expressed during the previous meeting. He
explained that High Definition Television was the latest trend and the company
would continue to offer more services based on customer demand. Mr. Luba affirmed to Mayor Randels that the
City is on fiber optics. Mr. Luba
responded to a resident that he was unaware of any dropped connections. Mayor Randels encouraged the person to relay
his concerns to the City Manager. Mr.
Petsos informed that Brighthouse Networks participated with the Brevard County
School System through the Star Programs for teachers. The schools receive laptop computers and cash
awards for the classes.
A
motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No.
16-2006 at Second
14. Motion to Adopt:
Ordinance No. 17-2006; at Second
Mayor Randels read Ordinance No. 17-2006 by title.
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
110, ZONING, RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES;
PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL
NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE
ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES
THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE
OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND
ENHANCED, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Attorney
Garganese related that changes to the ordinance as: 1) a definition to include “dwelling
unit” and, 2) a definition was for “abandonment.” Mayor Randels explained that residential use
was previously accepted in commercial zoning by special exception; however, the
Council decided to discontinue residential use in commercial zoning. However,
Mayor
Randels explained that for dwelling units the discontinuance of use was
extended to 730 days or two years for rebuilding. Also under Section B, Section
110-197, Abandonment, Page 11 of the ordinance, “the City Council may
grant extensions of time for a nonconforming use of a building or premises
which would otherwise be consider abandoned pursuant to Section A if the
abandonment was cause by an act of God or other emergency situation outside of
the control of the property owner.” Mayor
Randels stated that a dwelling unit is defined by homestead registration and if
it is used as a domicile.
Ms.
Ruth Anders stated that under the existing zoning ordinance, residences are
still allowed in commercial zoning. Attorney Garganese informed that the
ordinance was changed as of the previous Council meeting and was not yet available
in the code book. Ms. Anders stated that she was unsuccessful in obtaining the ordinance
from the Internet or from City Hall. Attorney Garganese stated that the
ordinance was in effect as of its adoption.
Mayor Randels explained that the ordinance applied only to the State
Road A1A corridor. Mr. Todd Peetz, City
Planner, stated that for approximately one-half to two-thirds of the State Road
A1A corridor residential zoning is no longer allowed. Attorney Garganese stated that the ordinance
is available online at this time. Mayor
Randels stated that discussion on non-conforming uses had taken place for many
months.
Attorney
Garganese stated that the C-1 zoning ordinance differed from the ordinance on
non-conforming uses. He explained that
the change that was made between first and second reading addresses one of the
impacts of the ordinance adopted at the previous meeting. All of the residential dwelling units in the
C-1 corridor along State Road A1A became non-conforming uses as a result of the
last ordinance. The Council decided to
allow two years to rebuild in cases of natural disaster. Ms. Boucher stated for the record that he
forwarded the ordinance to Ms. Anders E-mail.
Mayor
Randels reviewed the timeline. In November 2005, the City imposed a 90-day
moratorium on accepting applications for special exception for residential use in
the C-1 zoning districts along the State Road A1A corridor, on
A
resident inquired about homestead property.
Mayor Randels replied that homestead registration was criteria to define
a dwelling unit. Attorney Garganese responded
to the question on rental property. If
rental property use
was discontinued for 180 days then there is a provision in the ordinance for an
extension of time due to those types of situations. However, the Council felt as a matter of
policy that dwelling units, a domicile/ homestead property, would be afforded a
two year time period before the use goes away as a result of an abandonment or
discontinuance of that use. The resident expressed concern as to how an owner
would rebuild income property. Mayor
Randels replied that the property would not be considered abandoned unless the
owner discontinued use for 180 days; however, dwelling units, homestead/
domicile property, were afforded 730 days or two years to rebuild.
Mr.
Mark Morrison, of
Mr.
Morrison stated that Coastal Fuels could extend its tanks by obtaining a
Special Building Permit. He posed these additional questions: 1) why would the
City subject itself to lobbying or influence peddling in order to obtain a
Special Building Permit, and 2) did the City obtain a legal opinion that the
questioned provision would be valid under State law? He requested copies of any opinions obtained
to allow for the Special Building Permit provision. Mr. Morrison related that
this would allow the Council discretionary power to break ongoing ordinance
requirements without specific standard is a violation of the Democratic
partnership in decision making afforded to all Canaveral residents. He concluded
with a request that the Council not adopt the two proposed provisions.
Attorney
Garganese informed that he was aware of one non-conforming use Agreement with a
Mr. Traversa and the City did not desire to impair that contractual right due
to Constitutional issues. He stated that
he could include at the end of the sentence, “prior to
He
referred to subparagraph (b) which in summary grants the continuation of a
non-conforming use or structure providing strict adherence to the following
terms and conditions: 1) the owner of
the property files the application with the City, and 2) the applicant
demonstrates that the continuation of the non-conforming use meets the
following criteria: is capable of contributing in a positive way to the
character and serves the needs of the community including re-occupancy of the
building. Attorney Garganese emphasized
that the provision was intended to apply to buildings used for occupancy not
fuels tanks which are not occupied.
Attorney
Garganese clarified that the code section applies to a building for
re-occupancy purposes only. The Council could review a special permit for a
building that had lost it grandfathered status.
Mr. Gene Duncan asked for a reference to non-occupational structures and
Attorney Garganese referred him to Section 110-193. Mr. Duncan pointed out that
fuel tanks are a structure and he also questioned the ordinances provisions for
a site. Mayor Randels referred to Section 110-194 that referred to
non-conforming uses of land. Mr. Duncan
expressed his concern with the fuel Ms.
Ruth Anders considered the two provisions arbitrary and capricious. She referred to Section 110-200(b) and said
that a Special Building Permit would nullify the ordinance. She contended that
the criteria to obtain the permit were not standards but statements.
Attorney
Garganese advised that the word structure could be changed to building. He explained further that the intent was to
limit the provision by defining the criteria as building occupancy. Mr. Morrison referred to Section 110-200 which
reads, “providing a significant economic benefit to the community” could be
criteria for Coastal Fuels to submit an application. He requested specificity on Section 110-200.
Mr. John Grandlich, of Cape Caribe Inc, referred to Pages 13 and 14 of the ordinance,
in Section 110-200, Special Building Permits, under the terms in
Paragraph 2(b) and suggested to add the two terms, “safety and fire hazard.” Attorney
Garganese expressed his agreement.
Mayor
Pro Tem Hoog suggested changing the term in Paragraph (A) from structure to
residential. Ms. Linda Tuck of
Attorney
Garganese concluded that residential buildings used for human occupancy instead
of using uses and structures and limit Section 110-200 to that use only. Mayor Randels clarified that the word
“structures” would be stricken and replaced with “residential buildings for
human occupancy.” Ms. Anders questioned
the word continuation. Council responded that the language would allow for an
owner to rebuild. Mr. Todd Morley,
Building Official, clarified that under Section 468 of the Florida Statutes, the
Council does not have the authority to issue a Building Permit under Florida
Statutes. He suggested to omit the word
building and retain the language, special permit.
A motion was made by Mr. Bruns and
seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 18-2006 with the
following amendments:
1) inserting the date of
Ms. Cathy Reakes made a request of the
Chair and asked if those speaking on an item could provide their names.
DISCUSSION:
15. Motion to Approve: Ordinance No. 19-2006.
Mayor Randels read Ordinance No. 19-2006 by title.
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
110, ZONING; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING
DISTRICTS; DEFINING THE TERM “TRANSIENT COMMERCIAL USE:” PROHIBITING TRANSIENT
COMMERCIAL USES IN THE R-1, 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; MAKING CONFORMING
AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF
PRIORINCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels pointed out that the Planning and
Zoning Board recommended the ordinance by a three/two vote. Mr. Bruns questioned four units or less in
the title. Attorney Garganese affirmed
that the title was acceptable. Mr. Bruns
questioned the use of a specific number.
Attorney Gargenese replied that the existing Code addresses the number
of units regarding weekly rentals. Discussion
followed on the number of units for regulation purposes.
Mayor Randels read Section 509-242, Public
Lodging Establishments and Classifications, under Item G, Resort Dwelling,
any individual or collectively owned one-two-three-four family dwelling house
or dwelling unit, rented for more than three times in the calendar year for
less than 30-days. He stated that the
State would regulate for four or more units. Mr. Morley clarified that
townhomes are one unit. If a person owned all six units they would be addressed
differently than if each unit were owned separately. Mr. Boucher informed that a State license was
required before conducting a rental of four units or less for less than 90
days. He stated that City licensing is actually
a tax. He replied that the State could
seek the City’s help in enforcing the Chapter provision as it is a second
degree misdemeanor and the State inspector could cite the violation. Mr. Boucher informed that Council is
reviewing the zoning portion and the proposed ordinance would address a 90-day
time provision.
Ms. Connie Benz asked if there were a code to
regulate the noise. Mayor Randels
responded that the City’s noise ordinance applied. Ms. Benz suggested regulating the property
owner. Mr. Petsos addressed the issue
and stated that such regulation would cause residents to become police. Mr. Rob Griffith related how he had worse experiences
with long term than short term rentals. He stated that evicting a long term renter was
costly. Mayor Randels related on a
mobile rental to the east of his residence as well as of a home and he pointed
out that rules assist with responsible rentals.
He stated that the length of time was not an issue. Mr. Petsos stated that regulating time would
keep owners from policing properties.
Mr. Petsos responded to Mr. Griffith that the discussion in question was
townhome rentals not lower priced rental property. Mr. Petsos pointed out that the discussion
was not to transition the City toward a resort community. He replied to Mr. Griffith that there were many
concerned residents not in favor of this issue.
Ms. Dawn Huley, of
Mayor
Randels asked for consensus to extend the meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
Mr. James Whitehead stated that he is opposed to
the ordinance, saying that it would lower property values. He explained that for many properties, long
term rentals are cost prohibitive. Mr.
Whitehead also stated that the ordinance is blatantly discriminatory in favor
of condominiums over smaller single-family dwelling units. Mr. Whitehead
disagreed with Mr. Petsos that condominiums have on-site property
management. He also stated that residents
were more unruly at times than some transients.
He concluded that he hosts a web cam that shows the area to residents in
other parts of the country. The people
to visit his site become the weekly renters that the ordinance would prohibit
and he concluded to maintain the property values.
Mr. Bill Carrenti addressed the Council and stated
that he came to City for many years as a weekly rental. He informed that he is a vacation renter. He
stated that the word transient does not really apply to his rental property and
for the three years between the two homes he has not had a bad experience. Mr. Carrenti related that it is the long term
rentals that need more regulation. He concluded that he performed the
background checks for his rentals.
Mr. Marc Letchtling, President of the Ocean Woods
Homeowner Association, related that he hears the problems and stated that the
short term rentals would find a way to word around the regulation. He informed that the owner who has a rental
property signed a contract to regulate.
He spoke in favor of regulating the owner. Mr. Boucher stated that currently there are
six properties that are licensed by the State.
Ms. Evelyn Bush, of
Mr. Ron Walley strongly suggested to apply the rules
but not to infringe on income.
Ms. Alice Filteau asked the Council to consider the secondary
effects of their decision. She
stated that a resort dwelling license would hinder the person who has a second
home.
Mr. Don Samos stated that the proposed ordinance
made rental aspirations dismal. Mr.
Samos related some of his expenses that would be infringed on if he were not
allowed to rent his property.
REPORTS:
Due to the lateness
of the hour, there were no reports.
AUDIENCE TO BE HEARD:
There were no further comments from the
audience.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:30 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, CITY CLERK