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HomeMy WebLinkAboutMinutes 03-18-2003 Workshop CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 2003 5:00 PM AGENDA CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Council Member Richard Treverton Council Members Absent: Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Attorney Attorney Garganese City Clerk Susan Stills Fire Chief Dave Sargeant, CCVFD DISCUSSION: 1. City Code Review — Code Section 30, Emergency Services through Code Section 38, Fire Prevention and Protection. CHAPTER 30 - ARTICLE II. ALARM SYSTEMS Section 30 -31. Chief Dave Sargeant suggested that the Council not review Chapter 30 but to review a model ordinance to control false alarms from fire detection and alarm systems. This standard originated from the National Electrical Manufacturers Association. Chief Sargeant stated that only a certified alarm technician could reinstall alarm systems within a multi family dwelling. He also stated that a redundant detection system might reduce the number of false alarms. Mr. Boucher reminded that home security alarm systems are still an ongoing problem and the Sheriffs department needs assistance with this issue. Mr. Hoog asked if the ordinance distributed would surpass what is City of Cape Canaveral, Florida City Council Code Review Workshop Meeting Page 2 currently in the City code. Chief Sargeant affirmed. Mayor Randels referred to nuisance alarms and asked if permit holders frequently update? Chief Sargeant stated that commercial and multi - family structures are required to update annually. Chief Sargeant stated that staff would review this matter further. Mr. Boucher suggested forwarding to Chapter 38 in order to accommodate Chief Sargeant's attendance at the meeting. Chapter 38. FIRE PREVENTION AND PROTECTION Chief Sargeant pointed out the need to include outside plans review fees in that sprinkler systems and fire detection systems are determined by an independent agency. He also stated the need to include a statement to inform the person paying the fee. Mr. Boucher replied that the language would state, "Outside plan reviews would be paid to." Mayor Randels asked the normal fee cost. Chief Sargeant replied a minimum of $2,000. Section 38 -5. p S Mayor Randels inquired about the use of bottle gas and he asked if an outside barbeque pit is considered a structure. Chief Sargeant replied that it only be a structure if a propane take were installed permanently not a mobile unit. He stated that there are gas tank installation requirements. Chief Sargeant explained that there are distance criteria as well as structure standards. Mr. Boucher related that buried propane tanks are permitted in the front yard under Special Exceptions. Section 38 -56. Composition; Fire Chief; Compensation. Section 38 -57. Volunteer fire department. Section 38 -58. Duties of Fire Chief. Chief Sargeant pointed out that Section 38 -56 is in conflict with the City Charter in that a paid Fire Department is not allowed. Mayor Randels replied that the City Attorney could review code Section 38 -56, 57 and 68 for compliance with what the voters agree to in the 1985 referendum. ARTICLE IV. FIREWORKS Mayor Randels asked if the City could draft an ordinance such as the one proposed for Cocoa Beach that would allow for a designated area that is free from fireworks. Attorney Garganese replied that an ordinance is possible but difficult to enforce. Discussion followed. Mayor Randels concluded that the proposed ordinance does not allow for practical enforcement. Council members agreed that regulation is needed at the State level regarding fireworks sales. Mayor Randels inquired about the regulation of barbeques on upper levels of condominiums. Chief Sargeant read the disallowance from State Statutes and he City of Cape Canaveral, Florida City Council Code Review Workshop Meeting Page 3 related the difficulty of responding to an upper level propane fire. Mr. Treverton stated that the Condominium Association is cited for violations not the individual unit owner. The Association could in turn cite the owner for noncompliance to the condominium documents. Mayor Randels pointed out that the hose racks were removed from Costa Del Sol condominiums. Chief Sargeant replied that permission from an insurance company is required to remove hoses and only a standpipe is required for fire service. A condominium association is responsible to have a certified testing company test the hoses and train in order to allow activation by unit owners. Chapter 34. ENVIRONMENT - ARTICLE II. LITTER Section 34 -26. Definitions. Mayor Randels referred to commercial handbills and asked if the City is discriminating against other since the election handbills are allowed. Attorney Garganese replied that Council previously directed to amend the handbill ordinance for the City in light of a U.S. Supreme Court case. In addition, there is a draft ordinance in progress that addresses handbills as well as one for temporary signs. Section 34 -34. Truck loads. Mayor Randels inquired if Waste Management adheres to this policy and places tarp over roll offs. Council members affirmed this is done. DIVISION 2. HANDBILLS Mayor Randels referred to Section 34-55 and inquired if attention is given to election campaign brochures. Attorney Garganese replied that the First Amendment right to distribute applies to religious activities, however no one has a right to litter. He said that the City could require a permit from commercial solicitors in order to protect against commercial fraud. Mr. Treverton inquired about posting a sign to prevent solicitation. Attorney Garganese stated that condominiums protect themselves through signage in the commons area through denial of access and individuals could follow suit. DIVISION 3. ABATEMENT Section 34 -66. Complaints; reports. Section 34-67. Notice and order for removal from private property. Section 34-68. Failure to comply with notice and order. Mr. Boucher referred to Section 34-66, 67 and 68 stating that there are procedures for Code Enforcement to address how to site a property and give proper notice. He explained that the City Manager's office handles Waste Management issues regarding garbage pick -ups however according to the code his office effectually would enforce litter problems. Attorney Garganese stated that the Section on Abatement cross- references to Code Enforcement. He related that Code Enforcement complaints are City of Cape Canaveral, Florida City Council Code Review Workshop Meeting Page 4 (.1 received through various transmissions. Attorney Garganese said that Section 34-69 should remain in order to recover cost for removing litter. When the City has to remove litter on property, the City has a right to recover costs through a lien. Mr. Boucher referred to Section 34 -95 and suggested that the language for the entire section read, "The code enforcement officer and code enforcement board shall enforce this chapter." Attorney Garganese related the procedure for the City of Cocoa's junk ordinance in that notice is provided that the property owner has a certain number of days in which to remove said rubbish or the City perform the removal. Cocoa streamlined its process and placed the burden on the property owner to appeal the administrative notice. Mr. Boucher stated that he would prefer for the City Attorney to simplify the sections and refer enforcement through the Code Enforcement officer and the Board. Section 34 - 97. Duties and responsibilities for maintenance. Mayor Randels inquired who determines "as needed" duty to keep vegetation cut. Y q Y P g Mr. Boucher replied the Code Enforcement Officer. Section 34 - 98. Building Appearance and Maintenance. Mayor Randels read, "Any commercial or industrial building vacant for more than 15 days shall be maintained in a suitable manner" referencing the Knot House commercial property. Mr. Boucher replied that the owners obtained a 6 -month permit to remodel. Section 34 - 100. Sian Appearance and maintenance. Mayor Randels read, "All non-operative or broken electrical signs shall be repaired or Y Pe g shall be with their supporting members removed" referring to his complaint on a commercial property on Astronaut Blvd. He expressed his concern that a complaint made in 2001 was not resolved. ARTICLE IV. WEEDS AND DEAD VEGETATION Section 34 -126. Remedy by the City. Mr. Boucher stated that this is an expedited process for vacant lots and asked the Council desire to use the normal code enforcement process or if they would prefer to continue with the expedited process. He replied to Mr. Treverton that no courtesy notice is given only a letter to comply within ten days. Mayor Randels expressed that he was in favor of the current process. ARTICLE V. NOISE Section 34 -151 the Sheriffs Office has a measure ready Randels inquired if th S O y for use if someone should call with a noise complaint. Mr. Treverton stated that the Sheriff's office uses the City of Cape Canaveral, Florida City Council Code Review Workshop Meeting Page 5 { plainly audible at 100 -feet standard to measure noise levels. Mayor Pro Tem Petsos pointed that within a 50 -feet lot, noise could have a major impact on neighbors. The 100 -foot standard may be acceptable for commercial areas, however the Council might want to review for residential standards. The Chair ended discussion at this point and code review discussion will continue with this Article and Section at a subsequent meeting. ADJOU / py�'�y` �� "KqJ, .4 Teeing no further the Chair adjourned the meeting at 6:45 P.M. 'LO A ", • K • • • pp c