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HomeMy WebLinkAboutMinutes 02-19-2008 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 19, 2008 7:00 PM MINUTES CALL TO ORDER PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Recreation Director Robert Lefever REPORTS: City Manager • Mr. Boucher announced that the City received its Non - Pollutant Discharge Elimination System [NPDES] Federal Stormwater Permit approval. • Mr. Boucher reported on construction of the new sewer main as follows: boring under the canal and realignment to the north side of the canal. Trenching was not needed. Mr. Bandish distributed depictions of the job performed. • Mr. Boucher reported that Duree Alexander, Code Enforcement Officer, and Jeff Ratliff, Assistant Public Works Director, would make a presentation at the Sea Turtle Committee Meeting over the weekend to talk about the street lighting grant that they received from the Sea Turtle License Plate fees. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 2 of 14 • Mr. Boucher reported that he prepared a draft that he submitted to the City Attorney's office related to the Ocean Woods sewer maintenance request. Public Works would also review and comment. A finalized draft was forthcoming. • Mr. Boucher reported that the Legislative Delegation would meet on Wednesday, February 2d Ms. Roberts asked if the concern that the City had related to the Florida Department of Environmental Protection related to notifying the cities prior to utility permitting was on their Agenda. Mayor Randels responded that this item was included in the Florida League of Cities legislative packet. • Mr. Boucher announced that the Building Department now handles Business Licensing Taxes. He commended Andrea Bowers and Todd Morley for making this happen using the new Financial Software. Staff Public Works Director • Mr. Bandish reported on the successful progress of the new Public Works Maintenance Building. Building Official • Mr. Morley reported on the success of the new Building Department site. He thanked the Council for their assistance in approving the facility. City Treasurer • No report. City Clerk • No report. City Attorney • Attorney Garaanese reported that Tripple J Investments. Inc. filed a new lawsuit Count 1 is a mandamus action seeking to compel the Board of Adiustment to exception after the Circuit Court reversed the Board of Adiustment's previous case will be removed to f=ederal Court due to the federal constitutional issue City of Cape Canaveral. Florida City Council Regular Meeting Minutes February 19, 2008 Page 3 of 14 courtesy, has attempted to schedule a Board of Adiustment meetino on a date options. He also indicated that the Board of Adiustment has not even had a board meeting since the mandate was issued to take uo the Circuit Court's order. Attorney Garganese also reported to the Council that he and the City Manager met with representatives from Coastal Fuels to discuss their pending Special Exception application, the status of that application, and review ongoing processes. In general they discussed the procedures of moving forward. He reminded the Council that under the new Ordinance, the Council may serve as the final decision makers in Special Exception applications if there were an Appeal of the Board of Adjustment's decision. He advised the Council members to refrain from discussing this matter with any members of the public in order to maintain their impartiality in the event that there was an Appeal. He informed that surrounding residents have also retained Counsel and they would participate in a Hearing. If the Council received any information, they are to disclose that information at a Hearing. City Council Council Member Roberts • Ms. Roberts inquired about the City?s disaster preparedness plan other than the hurricane plan. Mr. Boucher related that the Fire Department recommended for residents to attend the Community Emergency Response Training [CERT] program. This 12 -week course would equip residents to participate in emergency situations. Norman Moody would prepare a story including a call for citizen participation as well as information would be provided for the Condominium Associations. • Ms. Roberts recommended consideration of cell phone notification in which residents would be notified of eminent danger. • Ms. Roberts also recommended a Master Plan for. sidewalks, bikeways, bus shelters, crosswalks, street paving, lighting and benches. • Ms. Roberts expressed concern over clear articulation of the City Boards' roles and responsibilities in support of the Council's decision- making and planning. • Ms. Roberts recommended review of a City Environmental Ordinance as a high priority to deal with the soot at Port Canaveral, the red tide issue and any fuel emissions issues. Mayor Randels asked if there were legitimate legislation that the Council could use to pursue these issues. Ms. Roberts requested for staff to find an Environmental Ordinance that goes beyond the existing Ordinance which relates predominately to litter. Mr. Bandish informed that the Florida Department of Environmental Protection required a qualified staff person to make determinations related to environmental issues. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 4 of 14 Ms. Roberts addressed dilapidated buildings. Mr. Morley stated procedures for this were in Ordinances under the Standard Unsafe Building Abatement Code. Ms. Roberts inquired about the Visioning Session. Mr. Boucher would schedule a time. • Ms. Roberts inquired about the Master Internal Management Planning Calendar. She desired spec information related to meeting attendance. Ms. Roberts stated that the Council needed a roster of who represented the City and the meeting they planned to attend, as well as a calendar to assist the Council with those scheduled meetings. Ms. Roberts suggested the management planning calendar to know when the Council and City Manager attend meetings in order to know who would be the City's liaison. Mr. Boucher replied that he would give this task to his Executive Assistant to maintain each Council Members memberships and meeting attendance. • Ms. Roberts asked if discussion of a Developer's Agreement were an Action Item. Attorney Garganese explained that the City had discussion on the processes that the City follows for Land Development permits and Developers Agreements were included into the discussion. The City could also use Home Rule Powers to require Development Agreements. Ms. Roberts concluded that this complements the Citizen Awareness Participation Plan and she did not desire to lose this as a potential action. • Ms. Roberts inquired about the Business Survey. Mr. Boucher stated that this was on his actions list. • Ms. Roberts asked for an updated list of Condominium Associations and contact information for condominiums in the City of Cape Canaveral. • Ms. Roberts suggested purchasing the two acres of land north of the Country Inns and Suites. She requested to add this to the Council Actions list. Council Member Nicholas • No report. Council Member Petsos • Mr. Petsos reported that 5,000 sea oats were successfully planted using 59 volunteers on Saturday, February 16th. He thanked Jeff Ratliff for his coordination. • Mr. Petsos asked if there were any further information on using the Library. Mr. Boucher replied that he met with Ms. Catherine Schweinsberg, Library Administrator and Mrs. Isabel Escapa, Library Director. He asked them to review their $485,000 budget. He stated that there was no charge back to record how the $4 million related to county wide services was used among 17 libraries. Mr. Petsos, Mayor Pro Tern Hoog and Ms. Roberts stated the desire to express their concern with the lack of County funds accountability. Mr. Boucher related that the Library Administration was concerned with City functions conflicting with Library patronage. He asked them to provide a cost analysis of keeping the Library open an additional night. Mr. Boucher related how he suggested having the City's architect review space and find joint -use purposes. Ms. Roberts requested a report City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 5 of 14 from the Library related to usage. Mr. Lefever stated that the Recreation Department charged use of their Meeting Room. He said that there were available time periods for community associations to use it. Mr. Boucher would coordinate a review of Meeting Room usage between the Library and the Recreation Center. Mr. Petsos asked if the City had heard from the County Commissioner on the $5.3 million that the City sends to the County. He stated that he did not desire to be a donor City. Mr. Boucher recommended that Mr. Petsos pursue his concern. Ms. Roberts requested to partner with Mr. Petsos due to the financial information system issue since the County does not have a progressive accounting system. Due to Sunshine conflict, Mr. Petsos and Ms. Roberts would separately pursue their concerns. Ms. Roberts mentioned the beach cities coalition. Mr. Petsos requested pricing on additional sand fencing and for staff to return to another Council Meeting said pricing for Council's review and approval. This would be an inmate and volunteer project. Mr. Boucher stated that he would have staff inquire of the Florida Department of Environmental Protection for field permits. He assigned the inquiry to Mr. Ratliff. Mayor Pro Tem Hooa • Mayor Pro Tem Hoog requested a Resolution related to Bright House Networks to put the government channels back on Channel 99 and Channel 199. Mr. Boucher replied that this would be placed on the next City Council Agenda for approval before the next Space Coast League of Cities meeting. • Mayor Pro Tem Hoog inquired about the manatee statue. Mr. Bandish replied that the crack was repaired. • Mayor Pro Tem Hoog noticed the No Parking Signs on the right -of -ways being installed and requested increased law enforcement. Mayor Randels • No report. AUDIENCE TO BE HEARD: Mr. Jim Tuggle, Operations Manager, Waste Management, Inc. addressed the question related to dumpster deodorization. He stated that during his 18 year tenure many products have been used in the deodorization process and he displayed the Isis Deodorant Dry Crystal 601 product which is used now. He informed that the product was used at hotels, restaurants, and condominiums with chute rooms. Mr. Tuggle replied to Mayor Randels that there was a noticeable decrease in recyclables since inception of the One Sort Program; however, he did not have statistics at this time. Ms. Roberts asked if there was a way to steam wash and return the dumpsters. Mr. Tuggle replied that condominium property management staff performed that duty; however, the dumpsters were replaced when necessary. Mr. Tuggle stated City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 6 of 14 that the trucks were washed every week. Ms. Roberts informed that the residue under the trucks was deteriorating the pavement on the driveways. Mr. Tuggle explained how the seals were replaced on the trucks and drivers were coached to break off their routes, go to the dump and return to their route. Mr. Nicholas stated that a Contract provision stated that the dumpsters would be washed and spray cleaned once per month. Mr. Tuggle replied that drivers remove and replace the containers. Mayor Randels stated that Mr. Nicholas was correct in that Page 21 read, "the contractor shall spray all mechanical containers with disinfectant every 30 days." Ms. Roberts requested more detail in the Quarterly Reports relating to the content of a customer's complaint and subsequent follow -up action. Mr. John Gedney, of Solana Lake, stated that the crystals were no longer being done. Mr. Tuggle informed that the driver left the premises with several canisters. Ms. Roberts stated that Solana Shores had the same issue. Mr. Tuggle stated that the crystals assisted with the odor; however, they did not eliminate it. Mr. Boucher requested consistency on the deodorization process. Mayor Randels thanked Waste Management for the recently delivered recycle bins. Mr. Frank Kuhn expressed his thoughts on declining property values due to lack of law enforcement. Mr. Kuhn related on how his tome's property appraisal decreased and how it was based on the surrounding neighborhood. He stated that the class of property renters was declining and leading to those who disturb the peace. Mr. Kuhn stated that the former Precinct Commander, George McGee was well -known in the community, unlike the new Administration. Mr. Kuhn informed that Law Enforcement has diminished in the residential community; however, law enforcement was evident on State Road Al A, which was not a City road, monitoring speeders. Mr. Kuhn addressed the issues of prostitution and narcotic activity saying that the Council was not directing Law Enforcement to make arrests. Mr. Kuhn emphasized his concern over his declining property values based on the surrounding population. Mr. Kuhn concluded that he desired to see criminals arrested and taken off the street. In response to Mr. Kuhn's remarks, Mr. Boucher stated that based on the statistics in the Canaveral Precinct Annual Report, crime in the community was down. He encouraged Council to read the report. Ms. Joyce Hamilton announced that Mr. Jerry Hudephol, a former Police Chief, passed away. Ms. Hamilton distributed a letter that she wrote after the Planning and Zoning Board Meeting on February 13 Ms. Hamilton read her letter in its entirety. In summary, Ms. Hamilton's letter encouraged the Council to proceed with the Sheldon Cove project as an aesthetic and economic benefit to the Cape Canaveral community. A petition was attached to the letter in which she secured up to 50 signatures from those in favor of proceeding with the Sheldon Cove project. Ms. Hamilton informed that the two concerns she heard were that one person did not desire the business competition and the other did not desire to see this type of project. Mayor Randels commended Ms. Hamilton on her participatory interest in the City. City of Cape Canaveral. Florida City Council Regular Meeting Minutes February 19, 2008 Page 7 of 14 Mr. Arthur Berger addressed the Council and asked what the City Council cared to see in the Sheldon Cove project. Mr. Berger noted the project's explanatory brochure that would allow for citizen input to a web site. Ms. Dawn Mays distributed the brochure which was one of a four -part plan to introduce the project to the public, which would include a web site, a series of town meetings and feedback from the web site. Sheldon Cove would then contract a third -party provider to receive the web site feedback in order to avoid conflict of interest. Mr. Bill Mays stated that as an investor he felt that the firm had done what was expected for the Sheldon Cove project. Mr. Mays stated that the Sheldon Cove project, however, was shut down at the Planning and Zoning Board level by two persons based on political opinion. Mr. Nicholas stated that under the City's existing code, the Sheldon Cove project required a Variance. However, a Variance depends on a hardship. Their other alternative was for Council to change the Ordinance. Otherwise, they would need to request a Zoning Code change before the Planning and Zoning Board which would then come to the City Council, Mr. Berger then requested to know the recommended venue in which the project should proceed. Mr. Boucher brought up the height limitation might be in the City's Comprehensive Plan which would require an Amendment. Staff would need to ascertain if it were. Mr. Boucher stated that the issue was more than addressing height but also: 1) a matter of economics, 2) was it desirable to enhance the value in that part of the community, and 3) would it infringe on other uses in that area. Mr. Boucher stated that he expected the Board seek beyond a yes or no and address the project's viability. Mr. Boucher was told that Mr. Russell laid out the possibility for a Code change which to him was part of the Board's evaluation and, perhaps, the Board should consider this more than just the height. Ms. Roberts expressed the concern after the Planning and Zoning Board meeting that the Sheldon Cove representatives were not certain of their alternative actions once the Board voted to table the project. Maya Pro Tern Hoog related some of the concerns raised to him such as the impact of traffic and parking. Mr. Berger informed that the design included a five -story parking garage behind the building. Mr. Berger replied to Mayor Pro Tem Hoog that the Mixed -Use related to commercial and retail shops only. Mr. Mays replied that many of these concerns were discussed at the Planning and Zoning Board Meeting which was fruitful up to the first motion. At the second motion, Mr. Russell presented an alternative which did not pass and the third motion tabled discussion. Mr. Boucher read the City Planner's Summary as: • There was a motion to deny a height increase which failed two to three; • There was a motion to allow a height increase to 65 -feet by Special Exception on State Road All A which failed two to three; • The Board tabled the Item until the next meeting pending further discussion. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 8 of 14 Mr. Donald Dunn, Planning and Zoning Board Member, recollected one of the reasons the vote was tabled as the building's 1,230 person traffic count which exceeded the maximum allowable on State Road A1A. If the count were accepted, it would hinder future development. He recalled the reason was to bringing the issue to a Referendum. Mr. Petsos brought out that a majority of the Council desired for this issue to proceed to a Referendum, as he noted in previous Minutes. Mr. Dunn concluded that the Board tabled the Item in order to seek information from the Building Official related to traffic concurrency. Mr. Dunn replied to Mayor Randels that the Referendum and traffic were outstanding issues for the Board. Mr. Dunn clarified that the Board did not recommend a Citizens Awareness Participation Plan[CAPP) as a requirement. Mr. Mays stated that the CAPP was denied, but with no alternative. Mr. Petsos stated that at the time of the Planning and Zoning Board meeting, the Board was not sure of the Council's standing for a Referendum, of which he thought was four to one. He desired to re- clarify the Council's stance of a Referendum to the Board. Mr. Petsos stated that he was still in support of a Referendum and he desired to hear from the rest of Council. Ms. Roberts stated that she was not in favor of a Referendum; she was in favor of the CAPP. Mr. Mays expressed that he would prefer to remove the project than to delay it further by waiting for a Referendum in November. Mr. Boucher replied to Mayor Pro Tem Hoog's question on cost that a Referendum could be included in the General Election; however, they could request a Special Election. Discussion followed on a Referendum. Discussion also came up related to a district for that specific purpose. Mr. Tom Garboski stated that the project's traffic concurrency would create a hardship for the next developer and he expressed that a Special Exception was risky for the City given its current history with Special Exceptions. Mr. Dunn said that the Planning and Zoning Board discussed the prospect of a specific height limitation Referendum. Ms. Roberts stated that the survey, workshops, and a web site were more comprehensive from a citizen participation standpoint than a Referendum. These venues allowed for participatory dialogue which could not take place with a Referendum. Mr. Nicholas replied that those venues could be done in addition to a Referendum. Ms. Mays reviewed the Citizen Awareness Participation Plan approach format as follows: 1) a mailer would be sent to property and business owners within the City limits directly impacted by the project, 2) the mailer would include a rendition and brief description of the project and information regarding the upcoming public meeting, 3) the mailer would also include contact information to facilitate feedback from the recipient, and 4) the mailer would direct the recipient to a web site and also a public meeting for further information on the project. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 9 of 14 A web site would be constructed to allow public access to a more in -depth look at the project, as well as information presented at the Planning and Zoning Board meeting and City Council meeting, and renderings and aerial photographs. A media release would be sent to notify news sources, public information venues and resident Associations within the City limits regarding the project and upcoming meetings. The project team would be available to answer questions as needed or as requested by the Planning and Zoning Board or the City Council. A public meeting would be held within the City limits at an accessible location, such as the Library or Council Meeting Room and attendees would be requested to register and give written feedback to the project. At the conclusion of the Plan, a summary would be produced for the Planning and Zoning Board and/or the City Council giving overall participation, feedback and findings during the Citizens Awareness Participation Plan process. This was the Plan's structure presented with the understanding that more specifics would be added such as height, traffic, accessibility to individuals, and shadow issues. Mr. Mays stated that a CAPP would reach 10,000 people at .43 cents per person which was less costly than $20 per person to reach only 3,000 through a Referendum. Mayor Randels committed his position based on an affirmative result of an unbiased survey and his decision would be to not see a Referendum. Mr. Nicholas queried why not use a CAPP but also seek a Referendum. Mr. Berger asked for clarification if their item would return to the Planning and Zoning Board with the understanding that the project would not go to Referendum but they would develop a feasible mechanism for development and Sheldon Cove would proceed with the CAPP. Ms. Mays stated that the survey language was inclusive of any questions and would be a joint venture for a variety of checks and balances. Attorney Garganese stated that the Council should have clear direction on the record as to Council's stance on proceeding to a Referendum. Attorney Garganese re- stated that formal direction on the record should be forthcoming related to the issue. Mr. Nicholas initiated a motion at this point to change the 45 -foot height limitation. Attorney Garganese stated that the basic fundamental issue was if the Council would amend the 45 -feet height limitation without a Referendum or present it to the voters by Referendum. Discussion followed on what would occur as a result of Mr. Nicholas' motion. Mr. Nicholas requested to retract his motion. Attorney Garganese explained that if part of the motion read to increase the 45 -feet height limitation by Referendum, then Council could still exercise its authority; however, this would convey a mixed signal to the developer and to the voters. Attorney Garganese reminded the Chair of a Motion to Extend the Meeting. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Extend the meeting until 11:00 P.M. The vote on the motion carried 5-0 with City of Cape Canaveral. Florida City Council Regular Meeting Minutes February 19. 2008 Page 10 of 14 voting as follows: Mayor Pro Tom Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Ms. Roberts summarized her understanding, referencing Mayor Randels position, in which affirmative feedback from the survey would demonstrate if there was a need to proceed with a Referendum. Attorney Garganese said that the firm could proceed with the CAPP at their expense and return to the Council with the information. Mr. Mays expressed his hesitance with expending additional funds prior to a decision from the Council. Mayor Pro Tern Hoog stated his desire to hear from the City's citizens and not just the voters. Mr. Mays stated that if the City would provide a motion that would provide him clear direction as an investor to proceed or not proceed, he could accept that; however, what he desired was clear direction from the Council. Discussion followed on Council's level of control over the survey. Ms. Roberts expressed her favor with feedback from the survey and with a survey they would also hear from the voters. Ms. Hamilton asked if all the citizens would be included in the survey. Ms. Roberts replied that the survey would include registered voters. Mr. Berger asked if they could return with the web page and the flyers for the Council's next Agenda for input. Mr. Nicholas asked if the City would then be open to liability. Attorney Garganese stated that there was no commitment. The Council would agree to say if they would were willing for the firm to go into the community with the CAPP, then the Council would want unbiased results. Mr. Berger said that feedback would come from registered voters, business and property owners. Ms. Mays informed that DCWS, a Network Security and Marketing Firm in Cocoa, would prepare the survey and develop the web site. Ms. Mays replied to Mayor Pro Tem Hoog that E -mail verification would secure the person as a registered voter with an address in the City. Mr. Nicholas asked if they planned to use U.S. mail. Ms. Mays replied that they planned to use the web site and the public meeting, but not telephone, or U.S. Mail. If a person did not have access to a computer, then they could attend a public meeting. Opinions would be gathered through the web site or a public meeting as they were seeking a timely process. Ms. Mays clarified that the survey was not included in the mailer. Ms. Roberts stated her concern that the survey was a web survey and not a mailer. Ms. Mays replied that this would double the mailing cost. A brief discussion followed on mailing costs. In response to Mr. Berger's suggestion of applying for a zoning change, Attorney Garganese stated that the issue was not a matter of applying for a zoning change since no zoning district allowed for the 45 -feet height. It would require a text change in the City code as a text amendment to allow for a height greater than 45 -feet in some circumstances. Council could formulate a whole new policy which allowed a matter of applying for a zoning change in a City of Cape Canaveral. Florida City Council Regular Meeting Minutes February 19, 2008 Page 11 of 14 certain zoning district. They would have to change the scheme and include an overlay zoning district. Mr. Mays suggested scheduling a time to address Council's individual concerns and with that information they could proceed. Attorney Garganese explained that one way to proceed would be create an Overlay Zoning District which would require a Text Change to the Zoning Code. Once in place, on a case- by-case basis, Council would decide if they wanted to Overlay that on the zoning map on some property. Mayor Randels placed both concepts, a Text Change to the Zoning Code and an Overlay, in his motion. Mr. Boucher recommended for the Planning and Zoning Board to discuss amendments to the Zoning Code from the perspective of considering the aspects of increasing the height limitation in the community. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Change the 45 -Foot Height Limitation on the November Ballot. Mayor Randels asked if there were unanimous consent to withdraw the motion. The vote on the motion to Withdraw carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mayor Randels ] but not seconded] to Create an Oveday Text Change To Permit the Construction of the Sheldon Cove Project Based Upon the Majority of the Survey Responses Being in Favor of the Project. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Address CONSIDERATIONS in Reverse Order. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 6. Motion to Approve: Transit Shelter License Agreement with 20/20 Media Holdings, Inc. Mr. Ratliff reviewed the two options to fund bus shelters in the City: 1) a grant from Space Coast Area Transit; however, those bus shelters would not include advertising, 2) and from 20/20 Media which would have advertising on them. Mr. Ratliff responded that he spoke with Space Coast Area Transit [SCAT] and funding would be available by the end of the year. Mr. Ratliff informed that SCAT funds were available for eight bus shelters. Mr. Ratliff introduced Mr. Joel Davis, from 20/20 Media Holdings, Inc. Mr. Davis stated that the City could not limit the advertising to City business. Mr. Davis informed that no advertising could be offered to any agency that had products that could not be lawfully City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 12 of 14 sold to minors, with the exception of the Florida Lottery. However, the Lottery was acceptable based on educational purposes. Attorney Garganese reminded that when the City approves such things as bus shelters, it could not require them to express a certain viewpoint, and the City could not regulate a private individual's speech to promote, or restrain the promotion of, certain businesses or certain viewpoints that would be prohibited under the Constitution. Mayor Pro Tem Hoog inquired about off - premise signs. Attorney Garganese stated that the advertisement on bus shelters generates some First Amendment issues and he would need to get back to the Council prior to them imposing further restrictions. Mr. Davis described the two, 24- square foot signs on both sides. Mr. Davis informed that if SCAT provided the funding, then maintenance would be a concern. Mayor Pro Tem Hoog asked if the seating could be conformed in order to hinder reclining on them. Mr. Davis informed that there were arms that could be inserted into the seating. Ms. Roberts asked who maintains emptying the waste can. Mr. Davis replied that Brevard County had an every Tuesday maintenance schedule of emptying the trash, cleaning the glass and checking for insects. Ms. Roberts expressed that the non - advertisement bus shelters were more aesthetically pleasing. Mr. Petsos and Mayor Pro Tem Hoog stated that there were remaining questions on off - premise signage. Mr. Ratliff explained that if the City selected SCAT then the City would need to hire the contractor, perform construction management, and secure easements and SCAT would reimburse the City. However, 20/20 Media would perform these tasks. Mayor Randels concluded that the off- premise signage, limitation of verbiage, and maintenance costs to the City were concerns. Ms. Roberts asked if staff could get a cost estimate from the City of Cocoa Beach to maintain their bus shelters. Mr. Davis replied to Mr. Boucher that they could not install half panel signs. Mr. Petsos questioned if SCAT funding was based on Federal or State funding. Mayor Randels replied that some of their funding was provided through the Florida Department of Transportation. Mayor Pro Tem Hoog asked If the lease time could be shorter than 10 years. Mr. Davis replied that the company would invest $12,000 per shelter and 10 years helps to recoup that investment. Mr. Davis replied to Mr. Boucher that the bus shelters on Merritt Island were installed through the Redevelopment Agency. Staff would follow up with the Merritt Island Redevelopment Agency regarding their service satisfaction. Mr. Davis stated that locations were subject to Council's approval. Mr. Davis concluded that advertising rotated over a four -week rotation with no disruption to traffic. No Action was Taken on Item No. & City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 13 of 14 5. Motion to Approve a Replica Space Shuttle Purchase. Mayor Randels informed that Communication Concepts, Inc. made a presentation to place 100 shuttle replicas at area businesses. Mr. Petsos mentioned that the businesses would use their replicas for advertising purposes. Mr. Boucher stated that the City's shuttle would be painted to look like an actual space shuttle and not as an advertisement. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve a Replica Space Shuttle from Beautification Funds in an Amount of $5,600. The vote on the motion carried 5 -0 as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 4. Motion to Approve: Quarterly Budget Report and Transfers. Ms. Bowers informed that Revenues were reduced and she also informed that Ad Valorem taxes had decreased from the previous year. Ms. Bowers explained the payments were slow but forthcoming. Ms. Bowers stated that Cash Forward was available for the Financial Software, the Public Works Maintenance Building and the City Park. Ms. Bowers explained that the Sheriffs Office requested a new Capital Purchase at $8,900. Mr. Petsos requested that Law Enforcement include Capital Purchases in their budget. Ms. Roberts also asked for an off -set reduction through other items. Mr. Boucher reminded that Law Enforcement provided a cash -back of $120,000. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Quarterly Budget Report and Transfers. The vote on the motion carried 5 -0 as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. The remaining items will be placed on the City Council Regular Meeting Agenda for March e. CONSENT AGENDA 1. City Council Regular Meeting Minutes of February 5, 2008. 2. Proclamation in Honor of Irish - American Heritage Month. ORDINANCES: First Public Hearing 3. Motion to Approve: Ordinance No. 01 -2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. DISCUSSION: 7. Dumpster Condition Provisions. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 14 of 14 8. Temporary Off- Premises Signs. 9. Central Canal Area. 10. Community Redevelopment Agency Presentation. ADJOURNMENT. r, ", There being no further busfAess, the Meeting adjourned at 11:35 P.M. Su S %4' 644C City Cle