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HomeMy WebLinkAbout06-24-1993 Special Workshop• • CITY COUNCIL SPECIAL WORKSHOP MEETING June 24, 1993 A Special Workshop Meeting of the Cape Canaveral held on June 24, 1993, at the City Hall Annex, Cape Canaveral, Florida. The meeting was called P.M. by Mayor Salamone. ROLL CALL: Mayor Mayor Pro Tem Councilmember Councilmember Councilmember City Manager City Attorney City Clerk Joy Salamone John Porter Arthur Berger Joan Calvert Rocky Randels Bennett Boucher John Kancilia Faith Miller City Council was 111 Polk Avenue, to order at 6:00 Present Present (Late) Present Present Absent Present Present Present BUSINESS: 1. Discussion & Review of Recodification of City's Code of Ordinances, Land Development and Zoning Regulations as prepared by Municipal Code Corporation. Council continued its review of the Code of Ordinances, beginning with Chapter 34, Environment, of the proposed Code. There was discussion regarding several sections in Chapter 34, Environment, including: 1. Mayor Salamone stated that phrases included in this chapter such as "excessive, obnoxious, unpleasant, when practicable, etc." concerned her. Mr. Kancilia stated that he would research the possibility of utilizing more objective terminology within the Chapter. 2. Article IV, Weeds and dead vegetation, Section 34 -124, Hearing. Mayor Salamone questioned the provisions which allowed for hearings before the city manager. She felt that . these hearings should be before the code enforcement board. Council concurred to delete the wording included in Sections 34 -124, Hearing; and 34 -125, Appeal; and add the following wording: "The code enforcement officer and code enforcement board shall enforce this article." 3. Article IV, Weeds and dead vegetation, Section 34 -126, Remedy by city. Mayor Salamone questioned whether or not this section could be deleted because the remedy for these types of problems was through the code enforcement board. Mr. Kancilia gave the opinion that the wording included in this section was an additional remedy after the code enforcement board hearing and that Section 34 -126 would have to be reworded due to the previous changes to Sections 34 -124 and 34 -125. 4. Article V, Noise, Section 34 -153, Enumeration of prohibited noises. Mayor Salamone questioned if the article provided for the inclusion of a time limit for the sounding of new car alarms in the prohibited noises. Also, item number one (1) under this section did not provide a specific time frame or limit. Mr. Kancilia stated that he would not interpret a car alarm as being the same generic type of noise producer as the items listed in item no. 1 since the alarm would not be considered unnecessary, but an unreasonable length of time for the sounding of a car alarm could be considered a nuisance. 5. Article V, Noise, Section 34 -154, Construction noise. Mayor Salamone stated this section provided that the building official could allow the erection, demolition, alteration or repair of any building or the excavation of streets between the hours of 7:00 p.m. and 7:00 a.m. if it was determined that City of Cape Canaveral, Florida City Council Special Workshop Meeting June 24, 1993 Page 2 the public health and safety would not be impaired. She felt that Council should make such determinations. Paragraph (a) would be changed to reflect that the Council would be responsible for determining whether or not construction would be permitted during the hours of 7:00 p.m. and 7:00 a.m. 6. Article VII, Lights, Section 34 -211, Method of measurement. Mayor Salamone stated that this section provided that a light meter would be used to determine spill -over lighting. The City currently did not possess the adequate equipment to measure spill -over lighting. She stated that if the City could not enforce this section, the section should be removed. There was discussion regarding several sections in Chapter 58, Planning, including: 1. Article II, Planning and Zoning Board, Section 58 -27, Qualifications. Mayor Salamone stated that the Planning and Zoning Board was the only City board which required that boardmembers must be registered voters of the City. There was discussion regarding whether or not to include being a registered voter as a qualification of all Boardmembers. Council concurred to add the wording, "A registered voter ", to the qualifications for each Board. The sentence in Section 58-27 would be changed from "A registered voter of the City" to "A registered voter ". 2. Article II, Planning and Zoning Board, Section 58 -28, Ex- officio members. Mayor Salamone questioned whether or not a Councilmember's relative could serve as an ex- officio member to the Planning and Zoning Board. Mr. Kancilia stated that a relative could be appointed as an ex- officio member since the appointment would be strictly in an advisory capacity. 3. Article II, Planning and Zoning Board, Section 58 -33, Minutes. The first sentence was changed from "The planning and zoning board shall designate a secretary..." to "The City Council shall designate a secretary... ". Mayor Salamone asked that Chapter 62, Solid Waste remain titled as "Solid Waste" and not "Solid Waste Removal" as Ordinance No. 8 -93 had provided. Mr. Porter arrived at the meeting at this time. Mayor Salamone questioned whether occupational license taxes could be imposed on the banner planes flying throughout the City under a category of "Airplanes, Advertising ". Mr. Kancilia advised that the City could not regulate the airplanes under FAA regulations. Mr. Boucher advised that the term "gross sales" would be changed to "gross inventory" under the "merchants, wholesale and retail" category. There was discussion regarding several sections in Chapter 74, Traffic and Vehicles, including: 1. Article I, In General, Section 74 -1, Travel on other than streets or highways. There was discussion regarding item (b) under this section which pertained to any vehicle traveling upon the ocean beach or dune area. The section was reworded to read "Except as provided in subsection (c) of this section, no person shall use any vehicle for travel upon the dune area, as defined in section 82 -81. No person shall use any vehicle for travel upon the ocean beach, unless such vehicle is propelled by non - motorized power." • City of Cape Canaveral, Florida City Council Special Workshop Meeting June 24, 1993 Page 3 2. Article II, Trucks, Section 74 -31, Maps of truck routes. Mr. Boucher questioned whether or not this section was necessary. Mr. Kancilia responded that there was a federal law which required such maps. 3. Article III, Stopping, Standing, Parking, Section 74 -61, Overnight parking. Mrs. Calvert stated that homeless individuals were sleeping all night on the beach. Mayor Salamone suggested reporting the incidents to the police. 4. Article III, Stopping, Standing, Parking, Section 74 -57, Penalties. Mayor Salamone asked that the penalty for illegally parking on ocean dunes be increased from $50.00 to $100.00. There was discussion regarding the following section in Chapter 78, Utilities: 1. Article II, Sanitary Sewer System, Section 78 -28, Same -late connection charge. Mayor Salamone stated that there was a provision in this section which read, "...the city shall make no hookup or connection charge." She asked for an explanation of the section. There was general discussion regarding the sewer hookup section and the late fees and /or connection charges. Mr. Boucher advised that Burton & Associates would be reviewing this ordinance as a part of its sewer rate study. Mayor Salamone advised Council that Section 78 -34 provided that no septic tank shall be permitted to be installed in the City after April 3, 1990. Further discussion was held regarding septic tanks, mandatory hookups to the City's sewer, and the Applegate house at the end of Washington Avenue. After a ten minute break, the meeting was reconvened. There was discussion regarding the following section in Chapter 82, Buildings and Building Regulations: 1. Article IV, Coastal Construction Code, Section 82 -86, Application for permits. Mayor Salamone asked that the word "may" in the first sentence be changed to "shall ". There was general discussion regarding building any type of structures within a coastal building zone and the requirement that the applications for building permits for construction in the coastal building zone be certified by an architect or professional engineer registered in the state. There was discussion regarding several sections in Chapter 86, Concurrency Management System: 1. Section 86 -1, Purpose and intent. Mayor Salamone asked that the last sentence of item (c) be changed to read: "The city shall develop and use a concurrency manual or guide to assist city officials in the day -to -day administration of the program." 2. Section 86 -3, Appeals. Mayor Salamone questioned whether references to time in this section were always in terms of "calendar days" or "work days ". Mr. Kancilia stated that the normal rules of construction provided that references to "days" meant "calendar days "; "work days" would have to be specified. He asked that the term "calendar" be removed from the second to the last sentence of item (a). i • City of Cape Canaveral, Florida City Council Special Workshop Meeting June 24, 1993 Page 4 There was discussion regarding the following section in Chapter 90, Floods: 1. Division 3, Flood Hazard Reduction, Section 90 -61, General standards. Mrs. Calvert questioned the last sentence in item no. 10 of this section. Council concurred to change the last sentence to read: "Any alteration, repair, reconstruction or improvement to a building which is not in compliance with this article shall be undertaken only if such nonconformity is not furthered or extended." Mr. Boucher stated he wanted to check with Mr. Kleving to ensure that this change would not violate any provisions of DCA or FEMA. There was discussion regarding the following section in Chapter 94, Signs: 1. Division 2, Types of signs, Section 94 -76, Temporary on- premises signs. Mayor Salamone stated that this chapter in the code did not provide a provision for allowing information signs for a topic such as a recall vote. Mr. Kancilia stated political signs could be placed on private property. Mayor Salamone stated that an individual would have to be a candidate for political office to erect such signs. Mr. Kancilia agreed to further review and revise Section 94 -78, Political signs, of the Sign Code to allow for informational type signs. He explained a recent lawsuit in Dade County which stated that the County could not prohibit an individual from placing a political sign on private property prior to qualifying for political office. Mayor Salamone stated that the individuals that had contacted her about placing recall signs were not candidates and she gave her opinion that a provision to allow individuals, who were not political candidates, to erect temporary signs was needed. Mr. Kancilia advised that Chapter 98, Subdivision, would be changed in accordance with Ordinance No. 22 -93 which was scheduled for adoption in July. There was discussion regarding several sections in Chapter 110, Zoning, including: 1. Article II, Board of Adjustment, Division 1, Generally, Section 110 -33, Reconsideration of administrative review, special exception or variance. Council concurred to change the last sentence of this section to the following two sentences: " This section shall not apply to the property owner if the original request was initiated by any official, department, board or agency of the city acting in any official capacity. This shall not apply to any petition initiated by the city council." 2. Article III, Administration and Enforcement, Section 110 -87, Interpretation and enforcement of chapter. Mr. Kancilia noted that this section needed to be changed and explained his reasons for same. He stated that the Council did not want the City bound by an interpretation of the building official. The first sentence was changed to read, "It is the intent of this chapter that all questions of enforcement shall be first presented to the building official... ". 3. Article IX, Supplementary District Regulations, Division 1, Generally, Section 110 -478, Earth station antennas. There was general discussion regarding whether or not this section needed any changes. • • City of Cape Canaveral, Florida City Council Special Workshop Meeting June 24, 1993 Page 5 4. Article IX, Supplementary District Regulations, Division 6, Vehicles and Vessels, Section 110 -551, Location of recreational vehicles, camping equipment, boats and boat trailers. Mayor Salamone stated that specifically item (b) provided that boats and other recreational vehicles had to be less than or equal to 21 feet in length in order to be located in R -1, R -2, and R -3 zoning classifications. She questioned if the wording could be changed to allow that the boat and trailer length could not exceed the length of the house, side or back yards, without obstructing their neighbor's view. There was extensive discussion regarding this issue. Mr. Kancilia stated that this section would be revised and it would include the distinction for a registered recreational boat vs. a commercial fishing boat. There was general discussion regarding the City Charter, the changes that were still needed, and bold printing or bracketing current provisions of the Charter. Ms. Miller advised that Municipal Code Corporation had suggested placing brackets around the outdated information concerning elections in the Charter with editors' notes explaining why the wording no longer applied. Council concurred to bracket the outdated information in the Charter. Also, once the Attorney General's opinion was received regarding degenderization of the Charter, the generic term of "Councilmember" would replace "Councilman" in the Charter if the opinion received was that this would constitute ministerial changes only. Ms. Miller advised that the proofs would be sent back to Municipal Code with all the recommended changes and Municipal Code would also incorporate all adopted ordinances through Ordinance No. 22 -93 into the new Code. Council asked that a list of all the proposed changes be prepared and submitted to them. Council concurred to schedule the July 20th regular Council meeting at 6:30 P.M. to review all. the changes to the recodified Code. There being, no further business, the meeting adjourned at 8:00 P.M. Faith G. Miller, /AAE City Clerk