HomeMy WebLinkAboutMinutes 06-30-1994 WorkshopCITY COUNCIL
WORKSHOP MEETING
June 30 1994
A Workshop Meeting of the Cape Canaveral City Council was held on June 30, 1994, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order
at 7:00 P.M. by Mayor Salamone.
ROLL CALL:
Mayor Joy Salamone Present
Mayor Pro Tem John Porter Present
Councilmember Arthur Berger Present
Councilmember Leo Nicholas Present
Councilmember Rocky Randels Present
City Manager Bennett Boucher Present
City Attorney John Kancilia Present
City Clerk Faith Miller Present
BUSINESS:
1. Interview of prospective Boardmember.
Mr. Kancilia directed several questions to Ms. Alice Nielsen, 315 Buchanan Avenue, regarding
her interest in serving as a Boardmember on the City's Commercial Development Board.
Agenda a resolution for a Board appointment for Tuesday night's meeting.
2. Presentation by James W. Murphy re: changing the City's fence ordinance.
Mr. Murphy was not present at the time of the agenda item.
3. Discussion Re: Ordinance No. 25 -94. amending City's Code of Ordinances. Chapter 70,
Taxation, by repealing and reenacting Article III, Occupational License Tax.
Ms. Deborah Haggerty, City Treasurer, introduced Mr. Fred Fishback, Chairman of the Equity
Study Commission. Mr. Fishback introduced the other members of the Commission and gave
a presentation to Council regarding "Insuring Equity: A Review of Occupational License Fees
in the City of Cape Canaveral ". He included the following items in his presentation: definition
of equity and the license fees to be based upon four (4) forms of equity - internal, impact,
external, and time; Commission accomplishments over the past six (6) months; proposed
reduction of license categories in all areas from 21 to five (5); proposed establishment of a
minimum license fee of $25.00 for "dwellings for rent" category; proposed reorganization of all
licenses into broad and natural business categories for easier administration of the new structure;
and updated categories to reflect the contemporary nature of businesses.
Mr. Fishback stated that the analysis of the proposed fee structure resulted in a projected
revenue increase of 9 % from a 1994 inflow of $31,213.42 to a projected 1995 inflow of
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$34,310.75. He reviewed the legal constraints imposed upon the Commission by Florida
Statutes and explained the proposed five (5) levels of base fees including the supplemental fees
based on the number of employees within each business.
Mr. Kancilia expressed his concerns regarding the supplemental schedule and how it interplays
with the limitation of the amount of increase that the City could impose under the Act which
created the Equity Study Commission. He stated that after there was a reclassification of license
taxes; licenses costing $150.00 or less could not be increased by an amount more than 200% and
most of the old license fees fell under that category. He noted on the service oriented schedule
that there were a number of new license fees which were substantially greater than the old fees,
in the comparison of base fees the increases would be within the limitation provided by statute;
however, in cases where the supplemental schedule applied there would be situations where the
new fee will have been increased by more than 200% of the old fee. He stated that the older
fees were primarily flat fees regardless of whether there was one (1) employee or 100
employees. The proposed ordinance would require the business owner to pay more for a greater
number of employees and Mr. Kancilia stated that under the old system a license fee for a 100
employee firm would pay a flat fee of $50.00; now that firm would be required to pay $175.00
which was more than a 200% increase. He stated that there may not be that type of business
within the City, but he felt that the statute applied to the entire structure of the system - that the
tax structure could not increase by percentages greater than the statute prescribed.
Mr. Fishback stated that when each license was computed to determine if the proposed fees were
within the constraints that no fee exceeded the 200% limitation including the supplemental fee
based on the number of employees. Mr. Kancilia gave several examples of fees which he felt
could be in excess of the 200% limitation. He stated that there were two (2) tests under the
Statutes including "what is real life" - "what type of businesses were in the City now" (the 10%
test, revenue today and revenue after the increase); and the other part of Statute provided that
the reclassification shall not increase the occupational license tax by more than 200% (the tax
itself, not as it is applied to specific businesses). Mayor Salamone questioned if a statement
could be included in the ordinance to provide that if any business were to exceed the 200%
limitation that the City would only charge the fee based on the statute limits. Mr. Kancilia
agreed to include such a statement in the ordinance.
Mr. Kancilia explained other changes which he recommended to the ordinance which included:
1) all the old fees listed at "zero" should read $31.25; 2) deletion of the provision in the
proposed ordinance which gave the City Treasurer the authority to deny a license as he felt there
were other ways to limit objectionable business activities; 3) changes to the penalty provisions
to include recovery of costs and attorney's fees to collect delinquent license fees; and 4) other
technical changes which would be incorporated into the ordinance before Tuesday's meeting.
Mayor Salamone questioned how businesses within the City would be notified regarding the
proposed changes to the occupational license structure and rates. Ms. Haggerty advised that she
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would send a notification letter to each business within the City the following day advising them
that the first public hearing of the proposed ordinance would be held on Tuesday, July 5th.
Mr. Porter, Mr. Nicholas and Mr. Randels expressed their appreciation to the members of the
Equity Study Commission for their professionalism and dedicated service to the City. Mayor
Salamone also felt that the Commission and City staff had done a fantastic job in the preparation
of the occupational license reclassification. Ms. Haggerty, on behalf of the City Council and
City staff, presented thank you letters and certificates of appreciation to each of the Commission
members.
Agenda this item for Tuesday.
4. Discussion Re: Ordinance No. 21 -94. Amending City's Code of Ordinances, Creating
Section 38 -3. Fire Inspectors designated as City Code Enforcement Inspectors.
Mr. Boucher stated that since the fire inspectors were empowered to enforce the fire safety codes
he felt that the inspectors should be able to present any applicable fire safety violations /cases
before the City's Code Enforcement Board. Dave Sargeant, Fire Chief, stated that the ordinance
was for fire safety code enforcement only. Changes would be made to the ordinance to clarify
that the fire inspectors would only be enforcing codes applicable to fire safety. Agenda this item
for Tuesday.
5. Discussion Re: Ordinance No. 22 -94. Amending City's Code of Ordinances, to enact
provisions to minimize fire hazards within the City.
Chief Sargeant explained several of his concerns regarding the proposed ordinance. He stated
that his department did not want to inspect residential homes utilizing natural gas on an annual
basis; he explained that he wanted to prevent the placement of propane tanks without permits.
There was discussion regarding whether or not the $75.00 inspection fee applied to commercial
and residential locations. Council concurred to charge $25.00 for residential inspections and
$75.00 for commercial inspections on new installations.
Chief Sargeant explained the problems associated with propane tank leaks. There was discussion
regarding the use of natural gas as a safer means of heating /cooking fuel and potential problems
related to mobile homes and the use of propane fuel.
Chief Sargeant addressed his concerns relative to bonfire regulations included in the proposed
ordinance. He stated that he had no objections to safe, small bonfires on the beach and that the
Standard Fire Prevention Code did allow for bonfires. There was extensive discussion regarding
concerns about how to control bonfires, the permit fee of $15.00, deposit of $25.00, and
problems related to clean-up of bonfire debris. Chief Sargeant stated that presently the Fire
Department allowed fires in approved cooking containers that were not land cleared materials
(charcoal in a hibachi, Coleman stove, etc.) on the beach. He stated that Cocoa Beach permitted
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fires on the beach and the bonfires were controlled and inspected prior to lighting the fires.
Resident of 206 Johnson Avenue spoke against making the deposit too high because no one
would be able to afford it. Ms. Maureen Hughes, Chandler Street, questioned if a hibachi on
the beach was permitted. Ms. Marilyn Bisell, Magnolia Avenue, suggested special lower permit
and deposit fees for groups such as Girl Scouts, Boy Scouts, etc. Mr. Bob Hoog stated that
previously there had been problems with bonfires in the past and that there were no secluded
places available to have bonfires. Mr. Mark Stewart, Washington Avenue, commented that the
beach was public and controlled bonfires should be allowed.
Council concurred to schedule the item for further discussion at the next workshop meeting.
After a 10- minute break, the meeting was reconvened.
6. Discussion Re: Ordinance No. 20 -94. Amending Subsection 110 -51(b) of the Code of
Ordinances, by chan ging requirements for the parking of boats, utility trailers, recreational
vehicles, and special purpose vehicles.
Mayor Salamone stated that the proposed ordinance relaxed the current Code applicable to the
parking of boats, utility trailers, recreational vehicles, and special purpose vehicles. Mr.
Boucher referenced section (2)(a), page 3 that applied to no parking of such vehicles in all
zoning classifications within four feet (4') of the City's right -of -way.
Ms. Marilyn Bisell, owner of Mermaid Sand Dollar Suites on Magnolia Avenue, spoke against
the no parking within 4' of the right -of -way provision. Mr. Morgan, Building Official, stated
that in some of the older apartment buildings portions of the parking lots were currently within
the City's right -of -way. Ms. Bisell expressed that she felt people who had no choice of where
to park their vehicles should not be penalized for buildings that were built in the 1960's.
Ms. Dixie Degell, Jefferson Avenue, communicated her feelings regarding the inability to park
her camping vehicle on her property since there were no sidewalks and she questioned why she
couldn't park her trailer in front of her property. Mr. Mark Stewart, Washington Avenue,
stated that now the City was dictating what type of landscaping material had to be used in
residents' side or backyards to store boats or recreational vehicles.
Mayor Salamone stated that the Council was attempting to preserve the aesthetic quality of the
City. She stated that she had received numerous complaints regarding the parking of boats, rv's,
and other similar vehicles throughout the City. She spoke in favor of maintaining the aesthetic
quality of the City. There was additional discussion regarding what type of vehicles were
considered "unsightly ", and the four (4') foot requirement.
Mr. Jerry Schmitz, 305 Surf Drive, spoke in reference to the provision in the ordinance
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pertaining to "for hire vehicles". He stated that he also had a problem with the restriction on
parking within 4' of the right -of -way, and the requirement that all vehicles have proper license
tags. Mr. Kancilia stated that the City was attempting to prevent the storage of
junked /abandoned vehicles and that the same concern applied to boats and that the absence of
a license tag indicated lack of attention, care, etc. Mr. Schmitz disagreed with the requirement
in the ordinance that read that boats "must be fully operational". There was further discussion
regarding the need for such rules to limit unsightly, unattractive conditions and the intent of the
ordinance.
Mr. Ron Derow, Monroe Avenue, spoke against the disallowance of parking a recreational
vehicle in frontyards and he gave the example of relatives from out of state who came to visit
and stayed more than two (2) weeks in a camper /recreational vehicle.
Mayor Salamone directed Mr. Boucher to look further into the concerns expressed by the
citizens during the meeting. Council concurred to workshop the item once more prior to first
reading.
Mayor Salamone returned to Item No. 2, as Mr. Murphy was present.
2. Presentation by James W. Murphy re: changing the City's fence ordinance.
Mr. Murphy distributed various pictures of fences surrounding different developments in other
municipalities. He expressed his concerns regarding the City's fence requirements and
restrictions placed on fences or walls used as buffers between properties. Mr. Murphy stated
that maybe the City needed a "buffer fence law ". He wanted to construct a solid six foot fence
on his development along A1A. He stated that in between the units at Ocean Gardens he had
been installing shadow box fences; but in some instances he wanted to construct six foot high
privacy fences.
Mr. Randels stated that there was a provision within the ordinances to apply for a special
exception to meet Mr. Murphy's concerns. Mr. Kancilia stated that he would research the
matter to determine whether or not Mr. Murphy's concerns could be addressed by special
exception or variance. Mr. Nicholas suggested that staff look at allowing developments of 2 -3
acres or greater to build a solid perimeter wall around their property.
Mayor Salamone asked that the issue be sent to the Planning & Zoning Board for review to
determine if such fence exemptions could be done on a case by case basis by special exception
or should be based on development size.
7. Discussion Re: Sign violations throughout the City.
Mayor Salamone stated that staff had identified all of the signs that were not in compliance with
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the sign code and she questioned why a number of the signs were not permitted. Mr. Morgan
stated that some of the signs pre -dated his time as Building Official. Mayor Salamone stated that
she found ten (10) signs that had not been permitted within the last six (6) years. Mr. Nicholas
questioned why the list of sign violations was generated and why it was not ascertained as to
which signs were or were not violations. Mr. Morgan stated that the list was generated based
on the Section 653.08 (new Code, Section 94 -7) which stated that all signs as of December 31,
1993, that did not meet the requirements were to be considered non - conforming.
Mayor Salamone stated that the idea of code enforcement was not to make life miserable for the
residents, but the intention to be pro - active was to go out and traverse the City to see what lawns
needed mowing, what needed painting, anything related to aesthetic qualities. Mr. Morgan
stated that he suggested that the signs included on the list were possible violations. Mr.
Nicholas stated that if a change needed to be made to the sign ordinance, then Council should
have been informed about such a change.
Mr. Randels commented that there were a couple of areas that could definitely be pursued such
as off - premise signs which were easily identifiable and illegal, and temporary signs, banners,
flags and pennants. Mr. Boucher stated that no assessment had been done as to how many non-
conforming signs were out there in the City. He stated that staff would be dealing with the signs
on the list and if problems arose then staff may come back to Council with recommended
changes to the sign ordinance.
Mayor Salamone expressed her concerns regarding the number of signs that had been listed that
did not have permits. Mr. Morgan stated that the list needed to be double - checked to determine
if permits actually existed. Mr. Porter questioned the original intent of the sign ordinance
provision which allowed five (5) years for signs to be brought into conformance. He asked that
the intent be determined and that the City not back -off on bringing the signs into conformance
as one of many efforts to clean up the City.
Item Nos. 8 through 19 would be placed on Tuesday's agenda.
8. Discussion Re: Ordinance No. 23 -94. Amending City's Code of Ordinances, Chapter 2,
Administration, by establishing a Code Enforcement Board pursuant to Chapter 162, Florida
Statutes.
9. Discussion Re: Ordinance No. 24 -94. Amending City's Code of Ordinances. Article III,
Service Rates, Deposits and Billing Procedures of Chapter 78, Utilities.
10. Discussion Re: Ordinance No. 28 -94. Amending_ the City's Code of Ordinances, to
provide for the preservation of trees with a diameter at breast height (dbh) of over three (3)
inches.
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11. Discussion Re: Resolution No. 94 -30 Authorizing the City's application for a State
Revolving Fund Loan.
12. Discussion Re: Resolution No. 94 -31, Expressing opposition to casino type gambling
in the State of Florida.
13. Discussion Re: Ordinance No. 26 -94. Scheduling a Referendum Election for the purpose
of presenting an ad valorem tax not to exceed 1.0 mil for police protection.
14. Discussion Re: Ordinance No. 27 -94, Scheduling a Referendum Election for the purpose
of presenting an ad valorem tax not to exceed 0.5 mil for fire /rescue services.
15. Discussion Re: Proposed Personnel Rules & Regulations.
16. Discussion Re: Government Economic Coalition findings.
17. Discussion Re: Possibility of recommending Council salary increase.
18. Presentation of 1994 Summer Beautification Awards (July 5, 1994).
19. City Manager's Report.
ADJOURNMENT:
There being no further business, the meeting adjourned at 10:03 p.m.
Faith G. Miller, CMC/
City Clerk