Regular City Council - March 23, 2021 at 6:30 PM

City Council

Regular Meeting

March 23, 2021

 

The City of Titusville City Council met in regular session on Tuesday, March 23, 2021, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 6:30 p.m. Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Jo Lynn Nelson, City Council Members Robert L. Jordan, Jr., Joe C. Robinson, and Dr. Sarah Stoeckel. City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant City Clerk Jolynn Donhoff completed the minutes of the meeting. 

 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. City Clerk Wanda Wells read the procedure for public comment and participation.


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APPROVAL OF MINUTES

 

Motion:

Member Jordan moved to approve the minutes of the special City Council meeting on March 11, 2021, as submitted. Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

 

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Motion:

Vice-Mayor Nelson moved to modify the agenda and immediately hear or consider agenda item No. 9 A - Public Purpose Variance No. 1-2021 - Parrish Park. Member Jordan seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 

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(Agenda item No. 9 A) 

 

Public Purpose Variance No. 1-2021 - Parrish Park - City Attorney Broome read and reviewed the Quasi-judicial Rules and Procedures with Council. 

 

Council and staff discussed emails that were received from the public or citizens on the proposed variance application, which were submitted into the public record. The names of the individuals that submitted the emails were named aloud. Copies of the emails were also provided to the applicant. This was followed by each individual Council member reviewing any discussions they may have had with various persons from the public and community on their familiarity with the subject site, the project, etc. Council also individually discussed or indicated that they had not formed opinions about the variance request prior to the public hearing on Public Purpose Variance Application No. 1-2021. 

 

City Attorney Broome individually read aloud and summarized the context of all of the emails that were received on the proposed variance application. This took some time to complete. 

 

Next, City Manager Larese highlighted the request provided in the Council agenda packet. The request was to consider variances to the shoreline setback and landscape yard for purposes of constructing improvements at Parrish Park and as further outlined in the Council agenda packet.

 

Community Development Director Peggy Busacca highlighted information that was provided to Council and made part of the public record (staff report, exhibits, staff resumes, etc.). She also highlighted the staff report and information in the Council agenda packet.

 

Mayor Diesel advised there were some individuals that thought this was a City project, but this was not true. It was a County project on the County’s property. The County was the one that also sought and were awarded the grant funding for the proposed work at the subject site. The issue before the City Council was City landscape and setback Code requirements.

 

Additionally, Mayor Diesel reviewed how the public hearing would be conducted, with all individuals being given 3-minutes to address the Council, with the exception of the applicant, which would speak first and be given the chance to offer rebuttal at the end of the public hearing.

 

Mayor Diesel opened the public hearing.

 

Applicant and Brevard County Deputy Attorney Abigail Jorandby and several representatives of Brevard County and CPH, Inc. (Architectural and Engineering Firm) were present on behalf of the variance application. Ms. Jorandby reviewed the scope and reason for the County’s variance application, City Code and criteria, how the proposal would provide a direct net benefit to the public, and other information. Ms. Jorandby also reviewed written correspondence provided to her by a representative of the U.S. Fish and Wildlife, dated approximately March 21, 2021, which she would provide to the City and City Clerk for the City’s public records.  

 

Joseph M. LoFaso, Jr. of CPH, Inc., an engineering and architectural consultant to Brevard County for the project, gave a presentation that reviewed the following information:

 

  • Trailhead at Parrish Park, project context, and location
  • Existing conditions
  • Proposed improvements
  • Current Code
  • Proposed variance to the Code
  • Shoreline Setback
  • Landscape buffer
  • Overstory tree requirement
  • Conclusion and the County’s request for City Council to grant the following three variances:

 

  1. The 50-foot shoreline setback
  2. The 20-foot landscape buffer
  3. The Overstory tree requirement

 

John Ingebritsen distributed information to the City Clerk. He showed a picture of a Ft. Pierce Beach area where boat trailers and motorized vehicles were not allowed to access the water’s edge, but which still accommodated swimmers and non-motorized water sport activities. This is what he wanted for Parrish Park.

 

Kevin Rosa visited Parrish Park frequently and was an avid kite and wind surfer. He felt there might be a little erosion along the shores from jet skis, but he felt the major culprit for causing the wash-out areas along the shoreline were caused by all-terrain vehicles (ATVs) or 4-wheel drive vehicles spinning their tires. Mr. Rosa felt the park was the last river access and he wanted to protect the current access he and many others presently enjoyed (just like many that enjoyed football and by not taking this hobby away from those that enjoyed it).

 

G. Eric Dirschka read from a prepared statement. He enjoyed sailing catamaran boats and he described how these boats did not impact the environment like some types of water activities. Sailing or launching catamarans required facing them into the wind from a shoreline. For this reason, he requested maintaining the public’s use of the present and open shoreline by or at Parrish Park.

 

Vice-Mayor Nelson confirmed that particular ramps associated with the improvements would be for Americans with Disabilities (ADA) access, not boat access.

 

William R. Klein read from a prepared statement that reviewed his concern for the project’s improvements, disruption of a natural shoreline, vegetation, etc.

 

Pam Dirschka read from a prepared statement that reviewed her concerns, the first being the water quality of the lagoon. Second, she discussed that it was difficult to find advertising or public notices on the project or public hearing. Third, she was concerned with the material that might be used for additional paving for parking. She had many questions and she felt the Council should question many aspects of the project, before they considered the County’s variance requests.

 

Melissa Stahl read from a prepared statement. She felt the community was being disregarded on what they desired for the park. She did not agree with the County’s assessment that the project would be a net benefit to the public. Instead, she felt that the community would not be able to enjoy the shoreline or the park as they enjoyed it now. She further felt that the present ratio of trail users to persons that desired shoreline access was significantly in favor of shoreline users. Additionally, Ms. Stahl plead to Council to consider the City’s motto of Gateway to Nature and Space vs. Gateway to Nature and Parking spots.

 

Laura Ward read from a prepared statement. She felt the public should be allowed to access the shoreline as they presently enjoyed now. For persons that did not have swimming pools, etc., the public could presently enjoy the shoreline for free. She also did not think the project was a net benefit to the public. Ms. Ward further reviewed her assessment of studies that should have been completed for the project, keeping built structure away from the water via the purpose of the City shoreline overlay, public input was not previously sought on the project, etc.

 

Laurilee Thompson read from a prepared statement. She felt the purpose of the public project was to get cars away from the water, stormwater treatment, traffic control, and safety. She did not support concrete seawalls by the shoreline and went onto review alternative options for the governments to address stormwater runoff and traffic flow. She also stated that sea grass would not grow next to sea walls, sea life, etc.

 

Maddeline Johnson advised that she was a kite boarder. She also advised that she seldom observed people using the nearby sidewalk, but when she did, many times the people would walk to the shoreline to ask her about taking kite board lessons. Ms. Johnson felt that stormwater treatment could be accomplished through ex-filtration trenches, as mentioned by some during the public hearing. To this, she did not support paving paradise to put up a parking lot.

 

Stel Bailey read from a prepared statement. She grew up jet skiing, kayaking, and creating memories at Parrish Park. She also studied water quality and monitored wildlife. To this, Ms. Bailey expressed concern on flooding, the movement of contaminants, biodiversity and ecotourism, protecting the ecosystem, the direct and indirect affect by improvements on wildlife, recent manatee deaths, with turbidity nothing grew, concern for horseshoe crab population, and saving the natural shoreline for the people and working with them to protect what they love, and requesting justification for the purpose of the County’s grant agreement, etc.

 

Maureen Rupe, a member of the Marine Resources Council, read from a prepared statement that discussed concerns for diminishing wildlife, traditional family recreational use of Parrish Park, and preserving the park and shoreline or modifying plans for use of the park.

 

Peter Petyk discussed reading build specification sheets, his personal biking and walking activities did not care about shoreline access, but he saw others that enjoyed access to the shoreline and limiting the park to parking only was not what he or the community wanted for this park.  

 

Katrina Shadix read from a prepared statement, which she advised was prepared by another individual, whom she stated was a former marine and wildlife patrol officer (Jeff Loose). The individual’s statement indicated that he witnessed many years of working as a marine patrol officer that people destroyed the shoreline and the environment with their recreational water equipment, drunken parties on weekends, etc. For these reasons, he requested both governments seal off the park entirely from people and not provide parking. He also desired seeing the shoreline and the park fully restored with a natural habitat and with seagrass along the shoreline.   

 

Dwight Severs read from a prepared statement that reviewed several reasons why he did not support the proposed variance application. He cited the City’s Code and criteria. He reviewed the proposed variance application, to which he did not feel the requested variance from the Code served a net benefit to the public. Mr. Severs also did not support variance requests being presented to the City Council, due to he supported the prior process of all variance applications being considered by the City’s Board of Adjustments and Appeals. Additionally, Mr. Severs stated his position on why a trail head should not be located at Parrish Park.

 

Tom Abbott read from a prepared statement that reviewed several reasons why he did not support the proposed variance application. He was an avid wind surfer and environmental conservationists. He requested the County and City look at other options before making the improvements that were proposed by the County.

 

Cheryl Abbott read from a prepared statement that reviewed several reasons why she did not support the proposed variance application. She was also an avid wind surfer and she was concerned about how proposed improvements would affect her and the public’s ability to access the sandy shoreline and water. She also requested the County and City look at other options before making the improvements that were proposed by the County.

 

Michael R. Stinson felt that Parrish Park was the most popular park in Titusville. He felt that if the proposed improvements were made, the public would not have a natural spot like it to enjoy.

 

Dorothy Andrews did not speak.

 

Michelle Meulke commented on the Board of Adjustments and Appeals previously considering the request in approximately 2020. She was suspicious of the timing of the City’s recent ordinance that permitted the City Council to consider variances for public purpose projects. Ms. Meulke further reviewed the Board of Adjustments and Appeals concerns. She requested the City Council deny the applicant’s request.

 

Per Edelmira Carrasco’s verbal request, Mayor Diesel granted the remainder of Ms. Carrasco’s 3-minutes to speak to Laura Ward. Laura Ward read from a prepared statement regarding shoreline overlay criteria, uses, prohibited parking, the project was a massive bulkhead or construction project by the water, to which she explained how these and other regulations supported the requested variance to the City Code, etc.

 

Stan Johnston held up an artist rendering (picture) of what the proposed project may look like, but he felt the project would look different than the rendering he held up. He requested the Council deny the variance request.

 

Joseph G. Hill did not speak.

 

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Mayor Diesel called for a 10-minute recess from 8:45 p.m. to 8:55 p.m.

 

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Public Purpose Variance Application No. 1-2021 representative and Brevard County Deputy Attorney Abigail Jorandby, joined by others from Brevard County, rebutted and addressed the public’s comments or arguments on the variance requests. Other project representatives at the meeting included Amy Daly, Tim Lawry, Robin Fischer, Rita Pritchett, and Jason Kellog and Mary Ellendonner. J. Kellog and M. Ellendonner. Some of the representatives spoke later in the meeting.

 

Ms. Jorandby felt the County had presented sufficient information and testimony supporting the request was a public purpose. Various County representatives would address the comments thus far on environmental concerns, stormwater runoff, public beach access, etc.

 

Amy Daly of CPH, Inc. (Architectural and Engineering Firm) reviewed previous analysis of environmental sensitive areas associated with the project and prior meetings with the St. Johns River Water Management District (SJRWMD) and Florida Fish and Wildlife Conservation (FWC) representatives to discuss or address sensitive environmental areas. She also discussed that the project’s design and permitting met various regulatory requirements.  

 

Ms. Daly and Vice-Mayor Nelson discussed Vice-Mayor Nelson’s questions regarding vegetative buffers beyond the bollards, sodding, sandy beach areas, addressing erosion through the use of bollards that people could walk past to access the sandy beach, with the indication that vehicles could not move beyond the bollards, the bollards addressing some of the environmental concerns, whether there were ways to improve the shoreline along the south, but this was not discussed due to it was not within the scope of the project.

 

Member Robinson and Ms. Daly discussed Member Robinson’s brief questions regarding people’s ability to access the shoreline.

 

Member Jordan and Ms. Daly discussed Member Jordan’s questions regarding the next step was permitting through the City and whether individuals could continue enjoying the shoreline as they did now. Vehicles like jet skis or any watercraft that required having a parking space and being off-loaded from a vehicle trailer would need to launch from Parrish Park. Oppositely, items like kayaks and canoes that could be picked up and carried by humans on foot beyond the bollards (kayaks and canoes used as examples) and to the shoreline should be able to launch from the sandy beach or shoreline. Per project representative Tim Lawry, the federal grant funding that supported the County’s intended improvements was specific on these matters. Mr. Lowry discussed more information on the grant and the types of activities that people might still enjoy by accessing the sandy beach, per Mayor Diesel’s request.

 

Mayor Diesel was interested in addressing the public that requested continued recreational use of the shoreline’s sandy beach and access to the water. Striking a balance, he also was interested in the overcrowding of the shoreline with cars and vehicles that enjoyed spinning their tires in the dirt and questioning if this could negatively impact horseshoe crabs or the environment.

 

Member Robinson and Mr. Lowry discussed that 78 parking spots were identified in the improvements. Member Robinson also discussed the distance individuals may have to carry their kayaks, etc. from their parking spots to the water. Distances would vary. There were also offloading areas in the project. CPH, Inc. representatives spoke on these matters.

 

Member Jordan commented on balancing the requests from the public that wanted to continue to have an open shoreline to enjoy how the public presently used it now for vehicle parking and launching both motorized and non-motorized water craft; however, there were others in the public that requested restricting motorized vehicles at the shoreline’s edge for environmental impact reasons. Member Jordan felt the project served to improve protecting the environment from vehicles that might be leaking oil, etc. The question at hand was the City Council’s consideration of the variance requests presented by the County for their project. Additionally, Member Jordan added that the park was located in the City limits, but the City did not maintain the park---the County maintained the park.

 

Brief discussion ensued on the Quasi-judicial Rules and Procedures and the applicant was presently rebutting the comments or concerns discussed during the public hearing.

 

Robin Fisher, former District 1 County Commissioner, commented on the history of the project’s origins, a prior lack of funding during the last recession, a prior voter and election ballot referendum of approximately 2006 for the project, and tax payers voting in favor of being taxed to complete the project. Mr. Fisher’s point was this was not the County’s project or the City’s project. Instead, it was the voter’s project.

 

District 1 County Commissioner Rita Pritchett distributed information. She discussed the project’s funding, changes to the project since its inception or concept years ago, the current objectives were to protect horseshoe crabs and the Indian River Lagoon and facilitate the public enjoying the park, but with modifications such as keeping vehicles off the shoreline’s edge, stormwater treatment plan on the project site, continued efforts to receive funding to improve the lagoon’s health, various regulatory requirements would need to be met, changes would not be perfect to everyone, the current use of the park’s shoreline as a gigantic parking lot for recreational use could be perceived as not meeting Code requirements, etc.  

 

Ms. Jorandby closed the rebuttal with comments on the variance requests to the City’s Codes. Her comments addressed items, such as the applicant felt they had met and presented evidence that the variance requests would serve a public purpose, a hardship was presently imposed on the County due to the unique shape of the subject site, addressing many various concerns, environmental concerns were addressed, stormwater runoff, reiteration of the three variances or requests the County requested from the City Council, etc.  

 

Member Stoeckel reviewed her questions with CPH, Inc. representatives about plans that were presented in a presentation and whether they were different than what may actually be planned for the subject site. A CPH, Inc. representative addressed this concern and summarized the plans had never changed from the original concept. There was no misrepresentation of the plans.

 

Per Vice-Mayor Nelson’s request, Brevard County Natural Resources Management Department Director Virginia Barker discussed the Vice-Mayor’s inquiry on any information on these matters to clarify or support the proposed variance requests. Ms. Barker reviewed how the current lack of stormwater treatment by the shoreline and at the subject site negatively impacted the environment and shoreline erosion, in comparison to the stormwater treatment plans that were planned for the intended improvements. Wind and rain would still have a naturally occurring impact on shoreline erosion and Ms. Barker discussed information on these concepts, future funding or plans for wave-break equipment, long term planning to protect the shoreline, etc.

 

Mayor Diesel summarized concerns he interpreted from the public and his own that were related to the proposed variance application and requests. He supported stormwater treatment at the site, facilitating the public’s use or enjoyment of the park, identifying some of the persons at the meeting that were following the project and had attended prior and various meetings on the project, advertising the City Council public hearing, bringing some order or balance to overcome concerns like vehicles spinning their tires along the shoreline, etc.

 

As there were no additional persons that wished to speak, the public hearing was closed.


Motion:

Member Jordan moved to approve Public Purpose Variance Application No. 1-2021 - Parrish Park and variances to the shoreline setback and landscape yard for purposes of constructing improvements at Parrish Park with the following condition:  (1) That groundcover be provided in place of sod around the trees at the parking lots entrance drive of the westernmost parking area, as requested. Member Stoeckel seconded the motion and the roll call vote was:

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 

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Mayor Diesel called for a 5-minute break at approximately 9:45 p.m. to 9:50 p.m.

 

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BOARDS AND COMMISSIONS

 

Planning and Zoning Commission – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to authorize the absences of Regular Member Joyous Parrish on February 17, 2021, March 3, 2021 and March 17, 2021, and approve a leave of absence to Ms. Parrish from the Planning and Zoning Commission, from now and until the end of April 2021 for personal reasons.

 

Stan Johnston submitted a public speaking card. He waived his right to speak.

 

Dwight Severs, Chairperson of the Planning and Zoning Commission, submitted a public speaking card. He commented on the Planning and Zoning Commission’s unanimous request to support the proposed request. Second, he reviewed Ms. Parrish’s prior efforts to communicate her absences prior to the meetings.


Motion:

Vice-Mayor Nelson moved to authorize the absences of Regular Planning and Zoning commission Member Joyous Parrish on February 17, 2021, March 3, 2021 and March 17, 2021, and approve a leave of absence to Ms. Parrish from the Planning and Zoning Commission, from now and until the end of April 2021 for personal reasons, as requested. Member Jordan seconded the motion and the roll call vote was:


Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

 

The motion carried unanimously.


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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) - 


Doug Kennedy distributed information or copies of a legal complaint or an appeal filed in the Circuit Court of the 18th Judicial Circuit in and for Brevard County Appeals. The case no. indicated on the information was 2020-AP-053190 and Code Enf. No. 20-39 (BUBBA SHRIMP COMPANY Plaintiff v. CITY OF TITUSVILLE Defendant). Mr. Kennedy briefly read aloud a statement that gave document text construction and word count specifications related to the legal complaint or appeal documents that he distributed. He reviewed his concerns were for his property on 1103 Garden Street and a dispute with Code Enforcement. 

 

Mr. Kennedy held up a one page document indicated to be a permit issued to a contractor, which it was indicated said contractor once occupied his property on Garden Street. His address was listed on the contractor’s permit, but not Mr. Kennedy’s information or his business. To this, he desired receiving a certified copy of this permit from the elected officials. He also desired receiving a copy of the application that was submitted to apply for the permit issued to the contractor.  

 

In addition, Mr. Kennedy did not feel Code Enforcement was operating in the way he thought the Council may think it did. He advised that he was charged with an ordinance the City did not have and fined $50 per day. He also indicated during a foreclosure process on the property, a Code Enforcement issue was attached to his corporation (information not clear) or his property. To this and due to a lien, that was placed on his property, a real estate sale of his property did not occur, due to a buyer for his property could not secure financing and the buyer backed out of purchasing his property. 

 

Stan Johnston reviewed information that he affixed to signage that he held up, which concerned a sewer spill in December 2020. He expressed concern on the sewage spill’s containment timeline. 


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CONSENT AGENDA

 

City Manager Larese read Consent Agenda Items A through D, as followed:

 

A. FY 2022 Community Development Block Grant (CDBG) and HOME Investment Partnership Funding Recommendations - Approve funding levels for the use of Fiscal Year (FY) 2022 CDBG and HOME grant funds as recommended.

 

B. Revision to Previously Approved Purchase of Axon Body Cameras, Licenses, and New Five (5) Year Contract - Revise the February 23, 2021, approval to purchase twenty (20) Axon Body Cameras, along with data license for new cameras and preexisting cameras in inventory from Axon Enterprises, Inc. and approve the five (5) year contract. The first year payment is $25,270.41 with four subsequent annual payments of $57,816.00, resulting in a (5) year total of $256,534.41. Authorize the Mayor to execute the agreement upon review and approval by the City Attorney and Purchasing & Contracts Administrator. The proposal is provided in the Council agenda packet.

 

C. FuelMaster Software Upgrade - Approve the use of the Sourcewell cooperative NJPA purchasing contract #022217-SYS to upgrade the fleet FuelMaster software in the amount of $16,271.01 to Guardian Fueling Technologies and authorize the Mayor to execute the proposal subject to the resolution of agreement terms and conditions by the City Manager and City Attorney and approve the associated budget amendment.

 

D. Acceptance of Portion of Willow Creek Boulevard Right-of-Way (Tract R-4) - Accept a portion of Willow Creek Boulevard (Tract R-4) as a public street.

On March 17, 2021, the Planning and Zoning Commission considered this request and recommended approval of the Willow Creek Boulevard Right-of-Way (Tract R-4) as proposed (vote: 7 yes - 0 no).

 

Stan Johnston submitted a public speaking card on Consent Agenda Items A through D. He supported Consent Agenda Items A and C. He also supported Consent Agenda Item B with conditions and concerns related to funding. Lastly, Mr. Johnston did not support Consent Agenda Item D for reasons he explained and due to he felt more detailed analysis should accompany Consent Agenda Item D.  Additionally, Mr. Johnston commented off-topic on other concepts and events.  

 

Motion:

Member Jordan moved to approve Consent Agenda Items A through D, in accordance with the recommendations. Member Stoeckel seconded the motion and the roll call vote was:

 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

 

The motion carried unanimously.

 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Public Purpose Variance No. 1-2021 - Parrish Park – Council considered the request earlier in the meeting. 


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ORDINANCES-FIRST READING

 

Ordinance No. 8-2021 - Rezoning (REZ) Application No. 1-2021 - Home Depot Outparcel, Windover Trail – City Attorney Broome read Ordinance No. 8-2021 – AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 5-1993, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT COMMUNITY COMMERCIAL (CC) ZONING DISTRICT WITH THE REGIONAL COMMERCIAL (RC) ZONING DISTRICT FOR A PORTION OF PROPERTY APPROXIMATELY .997 ACRES IN SIZE, HAVING PARCEL ID NUMBER 22-35-29-AV-*-49, LOCATED ON THE SOUTH SIDE OF COLUMBIA BOULEVARD AND ON THE WEST SIDE OF WINDOVER TRAIL; AND PROVIDING FOR AN EFFECTIVE DATE, for the second time and by title only. 

 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the first reading Ordinance No. 8-2021 for Rezoning (REZ) Application No. 1-2021 Home Depot Outparcel, Windover Trail to rezone from the Community  Commercial (CC) zoning district to the Regional Commercial (RC) and remove site-specific conditions.

 

On March 17, 2021, the Planning and Zoning Commission considered this request and recommended approval, with the condition that the applicant hold the community engagement meeting (scheduled for March 29, 2021), before the City Council meeting on April 13, 2021 (vote: 7 yes - 0 no).

 

Stan Johnston submitted public speaking card. He was semi-opposed to the request, due to he felt the recommended conditions of approval should be thoroughly reviewed. 


This was the first reading of Ordinance No. 8-2021. The second reading and public hearing would be conducted by City Council on April 13, 2021 at 6:30 pm.


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OLD BUSINESS

 

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NEW BUSINESS

 

Final Plat of Verona Subdivision, Phase 1 – Replat - City Manager Larese highlighted the detailed request provided in the Council agenda packet. The request was to approve the Final Plat for the Replat of Verona Subdivision, Phase 1.

 

Project representative Rodney Honeycutt, P.E. was available to answer any questions.

 

Stan Johnston submitted a public speaking card. He expressed concern on a street, its being unpaved or paved. He also did not see any instruments from Public Works accepting and preparing for the street to be a public street. He also discussed aerial pictures of the subject site.

 

Per Mayor Diesel’s request to discuss the project’s timeline for completion, project representative Rodney Honeycutt, P.E. advised the streets were not private, but public. The roads were approved several months ago and they were completely installed. Phase I was complete, but the sketch plat for Phase II would be presented in a few more weeks.

 

Community Development Director Busacca added that there were homes in the subdivision now awaiting the approval of this request, so that the homes could receive approval or issuance of their Certificates of Occupancy (C.O.). The indication was the project was moving along on its timeline or a schedule for completion. In response to Mr. Johnston’s remarks on Public Works evaluating acceptance of a particular road or streets, the road was built for the City and per City specifications, to which the Community Development Department completed the type of review on these matters. All existing water force mains, etc. were pressure tested, but the aerial photos had not caught-up to reflect these matters. An official signed mylar map, a State requirement, was also on file and in the City’s public records.

 

Motion:

Member Jordan moved to approve the Final Plat for the Replat of Verona Subdivision, Phase 1, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:


Member Robinson                  Yes

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.

 

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Red, White and Boom 2021 Event - City Manager Larese highlighted the detailed request provided in the Council agenda packet. The request was to approve the budget and staff efforts in coordinating the 2021 Red, White, and Boom! festivities, and authorize the City Manager to put in place all contracting instruments necessary for this event.

 

Brief Council discussion ensued on a modified or smaller proposed version for the event, due to the precautions being taken during the COVID-19 pandemic. 

 

Stan Johnston submitted a public speaking card. He did not support funding the 2021 Red, White, and Boom! Festivities.

 

Motion:

Member Jordan moved to approve the budget and staff efforts in coordinating the 2021 Red, White, and Boom! festivities, and authorize the City Manager to put in place all contracting instruments necessary for this event, as recommended. Vice-Mayor Nelson seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

 

The motion carried unanimously.

 

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It was 10:30 p.m. Council’s rules and procedures must be addressed to extend the meeting beyond 10:30 p.m. 


Motion:

Vice-Mayor Nelson moved to extend the meeting until 10:45 p.m. Member Stoeckel seconded the motion and it carried unanimously. 

 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None. 

 

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MAYOR AND COUNCIL REPORTS

 

 Mayor's Report –  Mayor Diesel submitted his written report. 


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Council Reports – 

 

Vice-Mayor Nelson commented on the Riverview Pilot Club and being impressed with the community’s generosity, specifically the club and others that recently worked to support the Boys and Girls Club. 

 

Member Robinson commented on attending the most recent Transportation Planning Organization (TPO) meeting. He and Member Stoeckel also briefly discussed the Space Coast League of Cities on goings. 

 

Mayor Diesel commented on recent activities, such as efforts to attract new residents to a residential project (Launch Now Project), the Winn Dixie hosted a grand re-opening, Hope for North Brevard events, etc. 

 

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CITY MANAGER’S REPORT

 

City Manager's Report - City Manager Larese submitted his written report. One item was scheduled for Council’s consideration. 

 

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Authorization to Conduct Mosquito Aerial Spraying - City Manager Larese highlighted the request provided in the Council agenda packet regarding aerial spraying for mosquitos.

 

Motion:

Member Jordan moved to authorize the Mayor to sign the letter to conduct the Mosquito Aerial Spraying in Titusville from May 31, 2021 through May 31, 2023, as requested by the Director of the Brevard County Mosquito Control Department. Vice-Mayor Nelson seconded the motion.

 

Stan Johnston submitted a public speaking card. He commented on concerns and unintended consequences from aerial spraying and chemicals on humans and the environment.

 

The roll call vote was: 

 

Mayor Diesel                          Yes

Vice-Mayor Nelson                Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 

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There were no additional items on the City Manager’s Report. 


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CITY ATTORNEY’S REPORT


City Attorney Broome advised that staff would modify the ordinance for the special magistrate process for Code Enforcement, by adding and proposing criteria to improve the process. There were no objections from the Council.  

 

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With no further business to discuss, the meeting adjourned at 10:45 p.m.