Regular City Council Meeting - March 10, 2020 at 6:30 PM

  1. Minutes

            City Council

   Regular Meeting

March 10, 2020

 

The City Council of the City of Titusville met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, March 10, 2020.


Mayor Walt Johnson called the meeting to order at 6:40 p.m. Present were Mayor Walt Johnson, Vice-Mayor Dan Diesel, and Council Members Robert Jordan and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Debbie Denman completed the minutes. Member Jo Lynn Nelson was absent.


City Clerk Wells read the procedure for public comment.


A moment of silence was held. Mayor Johnson then led those present in the Pledge of Allegiance to the Flag.


MINUTES


Motion:

Member Jordan moved to approve the minutes of the special City Council meeting on February 22, 2020, as submitted. Vice-Mayor Diesel seconded the motion. The motion carried unanimously.                           


SPECIAL RECOGNITIONS & PRESENTATIONS - None.


BOARDS AND COMMISSIONS

 

North Brevard Hospital District Board – Herman Cole, Chairman of the Board of Directors of Parrish Medical Center, provided Parrish Medical Center’s preparedness for Covid 19. He then provided the North Brevard Hospital District Board’s Semi-Annual Report and advised that a written report was included in the agenda package that listed recent awards & recognitions. He then provided a powerpoint presentation that included as followed:

  • Award Winning Women’s Health
  • Advanced Cardiac Care
  • Life Stories
  • Life Times
  • Get Your Clubs Ready!
  • Questions

Motion:

Member Jordan moved to approve the North Brevard Hospital District Board’s Semi-Annual Report, as presented. Member Stoeckel seconded the motion. The motion carried unanimously.


Board of Adjustments and Appeals – City Manager Larese advised that there was one vacancy for an alternate member with an unexpired term to expire on July 31, 2021.    

 

There was one application on file for consideration. Ms. Margaret Van Deven expressed her willingness and desire to serve on this board. Her application was included in the agenda package.

 

Ms. Margaret Van Deven expressed her desire to serve on the Board of Adjustments and Appeals and stated that she felt her accomplishments included with her application showed that she was capable to sit on this board.

 

Motion:

Member Jordan moved to appoint Margaret Van Deven as an alternate member to the Board of Adjustments and Appeals with an unexpired term to expire on July 31, 2021, as recommended. Vice-Mayor Diesel seconded the motion. The motion carried unanimously.


Municipal Code Enforcement Board – City Manager Larese advised that there were two vacancies for regular members with unexpired terms to expire on October 31, 2022. There was also one vacancy for an alternate member for an unexpired term to expire on October 31, 2020.   

 

There were two applications on file for consideration. Mr. Thorntie Houck and Ms. Robbin Porter

expressed their willingness and desire to serve on this board as a regular member or as an alternate member (either).  However, Mr. Houck was found to live outside the City limits and was no longer eligible for consideration for this Board.

 

Ms. Robbin Porter provided her desire to serve on the Municipal Code Enforcement Board and advised that since she was retired, she would like to use her skills to benefit the City.

 

 Motion:

Member Jordan moved to appoint Robbin Porter to the Municipal Code Enforcement Board as a regular member for an unexpired term to expired on October 31, 2022, as recommended. Member Stoeckel seconded the motion. The motion carried unanimously.  


Municipal Code Enforcement Board – The recommended action was to accept the Municipal Code Enforcement Board’s Semi-Annual Report, as written.

 

Motion: 

Member Jordan moved to accept the Municipal Code Enforcement Board’s Semi-Annual Report, as written. Vice- Mayor Diesel seconded the motion. The motion carried unanimously.


PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM)

 

Annie Burch requested the City sell or donate a strip of property to her that was located in the right-of-way at Lucky Street and First Avenue and was adjacent to her property.

 

City Attorney Broome requested Ms. Burch contact his office to discuss her request further.


Mark Grainger stated that he owned a small business, Private Air Tours, and advised that he would be bringing his business to the Titusville-Cocoa Airport. He stated that he would also like to add a food truck, but the property at the airport was Zoned P for Public. He requested an amendment to the Code to allow mobile vendors to be permitted in the Public (P) zoning district.

 

Motion:

Member Jordan moved to provide advisability regarding an amendment to the Code to allow mobile vendors to be permitted in the Public (P) zoning district, as requested. Vice-Mayor Diesel seconded the motion. The motion carried unanimously.


Stan Johnston commented on not receiving responses from his phone calls and emails, on backwater and flooding east of I-95, and fraud.


A citizen stated that he was interested in applying for a City Board or Commission, but was informed he needed to be a registered voter to apply. He advised that he would like be a member of the Municipal Code Enforcement Board, recommended additional lighting be added to the bike path behind Boggs Gasses, and that he would like to volunteer with the Police Department.

 

Mayor Johnson advised that citizens could attend any public meeting and speak when appropriate.

 

Public Works Director Kevin Cook advised that the Rail Trail was owned by Florida Department of Environmental Protection and adding lighting was not something the City could do. He advised that additional lighting for the road around the area in question could be reviewed.


CONSENT AGENDA

City Manager Larese advised there were speaking cards for Consent Agenda Items B, C, and D.

 

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

 

  1. Student Advisory Council Scholarship Policy Expenditure - Approve Titusville Student Advisory Council Scholarship Policy expenditure not to exceed $1,250 and direct staff to forward pending disbursement forms to the City Manager and the Finance Department for preparation of three individual scholarship checks, as prescribed by the policy. Pending this request, the scholarships would be awarded at the regular City Council meeting on April 28, 2020 (6:30 p.m.).

 

  1. Feasibility Study & Conceptual Design – Consultant Selection -      Approve the final ranking of consultants for the Feasibility Study and Conceptual Design for the downtown riverfront walkway project and authorize staff to conduct contract negotiation with the top ranked firm, Taylor Engineering of Jacksonville, FL the number one ranked firm; and if an agreement was not reached with the number one ranked firm, terminate negotiations with said firm and conduct negotiations with the second ranked firm

  1. Work Order for Engineering Services for Design of Traffic Signal Improvements - Approve the award of Work Order # DRMPPW001 to DRMP, Inc. in the amount of $128,923.12 to provide engineering consulting services including, but not limited to, traffic signal design, plans preparation, utility coordination, survey, and post design services for the replacement of 3 existing traffic signal systems; and authorize the Mayor to execute the Work Order.

  1. Work Order for Professional Services for Landscape Design of Gateway Improvements - Approve the award of Work Order # KMPW001 to Kimley Horn, Inc. in the amount of $25,180.03 to provide engineering consulting services including, but not limited to, landscape design, plans preparation, utility coordination, and survey services for the improvement of nine (9) gateway locations; and authorize the City Manager to execute the Work Order.

  1. Resolution No. 15-2020 Supporting the Partnering with the United States Census Bureau -Approve Resolution No. 15-2020 a resolution of the City of Titusville, Florida supporting the partnering with the United States Census Bureau; and providing for an effective date.

Consent Agenda Item 8B - Feasibility Study & Conceptual Design – Consultant Selection - Stan Johnston stated that he was against this item.

 

Consent Agenda Item 8C - Work Order for Engineering Services for Design of Traffic Signal Improvements – Stan Johnston provided his background history and stated that he felt the way the City spent money needed to be reviewed. He asked that the Council either deny or table this item.

 

Consent Agenda Item 8D - Work Order for Professional Services for Landscape Design of Gateway Improvements - Stan Johnston stated that he did not feel this item was necessary as the City had in-house employees that could do the landscaping.

 

Motion:

Member Jordan moved to approve Consent Agenda Items A Through E, in accordance with recommendations. Member Stoeckel seconded the motion.

 

The roll call was:

Member Jordan                       Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously.


ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION

 

Ordinance No. 2-2020 – Building Height in the Downtown Mixed Use (DMU) – Uptown Sub-district

City Attorney Broome read ORDINANCE NO. 2–2020, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS TO PROVIDE INCREASED BUILDING HEIGHT AND ASSOCIATED CONDITIONS FOR MULTI-FAMILY USES IN THE DOWNTOWN MIXED USE UPTOWN SUB-DISTRICT WEST OF US 1 BY AMENDING CHAPTER 28 “ZONING”, SPECIFICALLY AMENDING SECTIONS 28-44 “SUB-DISTRICTS DESCRIBED, UPTOWN” AND 28-324, “DOWNTOWN MIXED-USE (DMU) SMART CODE”; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only.

 

The Community Redevelopment Agency considered this ordinance on February 11, 2020 and unanimously (6:0) recommended approval, as written.

 

The Planning and Zoning Commission considered this ordinance on February 19, 2020 and recommended (5:2) denial of the ordinance. The Commission then approved (6:1) asking Council to consider limiting the height of all buildings to no more than five (5) stories.

 

City Manager Larese highlighted the request included in the agenda package.  

 

Community Development Director Peggy Busacca highlighted Section 28-44 and Section 28-324 of the Land Development Regulations.

 

Mayor Johnson opened the public hearing.

 

Woody Rice stated that the proposed Ordinance change had everything to do with the redevelopment of Sandpoint Plaza.  He provided the number of feet the existing buildings were from the proposed property and reviewed a handout Horizon Sandpoint-Surrounding Zone Distances to Proposed Buildings that was provided to Council.

 

Motion:

Member Jordan moved to allow Woody Rice an additional two (2) minutes to speak. Vice-Mayor Diesel seconded the motion. The motion carried unanimously.

 

Mr. Rice commented on the 2015 Redevelopment Plan Supplemental Development Report and on how the proposed development would meet some of the area of concern in the report. He asked for Council’s support.

 

Matthew Levin thanked the Council for giving him the opportunity to speak on behalf of the proposed project. He stated that he worked for Spray Commercial Global and was the broker who represented the land acquisition for the property. He commented on the CRA’s Redevelopment Plan and that it called for a project like the one proposed. He provided the benefits of a Class A facility and stated that this project was an opportunity to bring Titusville to the next level.


Karl Davis stated that he was the owner and developer of the proposed project. He advised that he looked forward to building the project in the Titusville, but needed the Council’s assistance in changing the code to enable the project to be built.

 

Roger Molitor asked the Council to approve the height change to ten (10) stories.

 

Daniel Treder was in favor of the proposed project and felt it would be a good opportunity for Titusville. He encouraged Council to approve the request.  

 

Stan Johnston stated that he was against a height change in the ordinance.

 

Mayor Johnson closed the public hearing.

 

Motion:           

Member Jordan moved to approve Ordinance No. 2-2020 - Building Height in the Downtown Mixed Use (DMU) - Uptown Sub-district, as written and recommended by staff. Vice-Mayor Diesel seconded the motion.

 

The roll call was:

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.


City Attorney Broome read the Quasi-Judicial Rules of Procedure.


Ordinance No. 3-2020 and Rezoning Application No. 4-2019 Canopy Living Assisted Living Facility – 2805 Cheney Highway

City Attorney Broome read ORDINANCE NO. 3-2020, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 05-1993, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT COMMUNITY COMMERCIAL (CC) ZONING TO HOSPITAL MEDICAL (HM) ZONING FOR CERTAIN PROPERTY APPROXIMATELY 5.68 ACRES IN SIZE, HAVING PARCEL ID NUMBER 22-35-29-AV-*-7, LOCATED ON THE SOUTH SIDE OF CHENEY HIGHWAY, AND BETWEEN CATHEDRAL WAY AND WINCHESTER DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only.

The Planning and Zoning Commission considered this request on February 19, 2020 and recommended tabling to the March 4, 2020 regular meeting with a request for more information, 6-1. On March 4, 2020, the Planning and Zoning Commission unanimously (7:0) recommended approval with conditions.

 

City Manager Larese highlighted the request included in the agenda package.  

 

Mayor Johnson opened the public hearing.

 

Community Development Director Busacca stated that the concept plan on Page 160 of the agenda package was the most recent. She advised that under condition 9 - In addition the applicant offered the following, b. Average 420 square foot residential units and 6,400 square feet of open space to include a dining room, that the applicant was concerned and noted in the event that the project was reduced in size that 6,400 square feet would not be feasible. The applicant preferred and staff agreed, that it would be 100 square feet per unit called for in Section 28-72 of the Assisted Living requirement in the City’s Code. Community Development Director Busacca recommended that it say “Average 420 square foot residential units and 6,400 square feet of open space to include a dining room”.

 

Mayor Johnson opened the public hearing.

 

Rodney Honeycutt highlighted background information regarding the project that included the agreed upon conditions for the proposed Assisted Living Facility (ALF).

 

Carrie Bailey stated that the she represented Canopy Living, the developer for the project. She advised that staff and Mr. Honeycutt had represented their position on the project and that they supported Mr. Honeycutt.

 

Woody Bramblett stated that he lived near the proposed property for the ALF and that surrounding home owners felt the proposed project would be a good fit.

 

The public hearing was closed.

 

Motion:

Member Jordan moved to approve Ordinance No. 3-2020 – and Rezoning Application No. 4-2019 Canopy Living Assisted Living Facility – 2805 Cheney Highway, as recommended with conditions as modified as followed: (1) The site plan shall substantially comply with the submitted conceptual plan dated February 21, 2020, and all buildings shall substantially comply with the architectural rendering submitted on January 13, 2020. Furthermore, site plans and/or building permits that present an increase in intensity of use such as, but not limited to, an increase in the total gross floor area of the development, an increase in the number of living units, an increase in the maximum height, or a reduction in the size of the proposed vegetative buffers shall not be considered substantially compliant with the conceptual plan and will be subject to the requirements for a rezoning stipulated in the City of Titusville Land Development Regulations. This condition shall not construe approval of any standard that is not in conformity with the Land Development Regulations; (2) Landscape buffers along the southern and eastern property boundaries shall be at least fifty feet wide and preserve all trees (excluding invasive/non-native species) measuring six inches diameter at breast height or greater. Stormwater retention areas and walking trails are permitted only within the area of the buffer exceeding the minimum requirements of the Land Development Regulations; (3) All site lighting shall consist solely of “full cutoff” luminaires as defined by the Illuminating Engineering Society of North America; the lighting plan submitted with the site plan shall demonstrate zero foot-candles along the eastern, western, and southern property lines. Parking lot lighting structures shall not exceed 20 feet in height; (4) Any allowed freestanding, ground sign shall only be permitted as a monument sign; (5) Paved walking trails shall be a required component of the outdoor recreation areas required of assisted living facility developments by LDR Section 28-72; (6) The maximum height of any development structures and/or buildings (excluding the decorative tower forming part of the porte-cochere depicted on the conceptual plan) shall not exceed 35 feet in height; the aforesaid decorative tower shall not exceed 45 feet in height; (7) The only uses permitted on the site (subject to all limitations stipulated by the LDR) shall be assisted living facility and nursing home/convalescent homes/extended care facility consistent with Section 28-72(c)(4) of the Code; (8) Prior to submittal of a site plan, the property shall be subdivided in accordance with the applicable subdivision procedure specified in Chapter 34 Procedures, Article III Subdivisions of the LDRs; (9) In addition, the applicant offered the following: a. Add opaque perimeter fence on the north, east and south property lines as illustrated on the concept plan dated on February 21, 2020 and submitted February 26, 2020; b. Average residential unit size and open space requirements, to include a dining room, consistent with the requirements of Section 28-72, Assisted Living Facility; c. Dumpster location consistent with concept plan dated February 21, 2020 and submitted February 26, 2020. Member Stoeckel seconded the motion.

 

The roll call was:                                

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.

 

The applicant submitted a drawing that illustrated the proposed use, which was updated on February 21, 2020. 


ORDINANCES-FIRST READING - None


OLD BUSINESS – None.


NEW BUSINESS

 

FY 2021 Community Development Block Grant (CDBG) and HOME Investment Partnership Funding Recommendations – City Manager Larese advised that at a Special City Council meeting on January 21, 2020, City Council heard from interested agencies seeking funding from CDBG and HOME grant funds; authorized staff to review and evaluate the requests; and submit funding level recommendations to Council for approval at this meeting.

 

Staff reviewed the proposals on the basis of meeting federal criteria established by HUD. The criteria included the following:

  • Meeting a HUD national objective
  • Eligibility under CDBG/HOME program regulations
  • Benefiting low/moderate-income persons 

Additionally, staff considered the following criteria in the Request for Proposals in making funding recommendations for each of the proposals:

  • Need and justification for activity
  • Cost reasonableness and effectiveness
  • Activity management and implementation
  • Experience of the agency
  • Matching contributions
  • Environmental justice, and
  • Application completeness

The recommended funding levels were as followed:

  • Women's Center                     $16,300.00
  • Aging Matters in Brevard       $10,000.00
  • Victory Kids Sports                $14,590.00

 

The amounts provided the full amount requested by each agency.

 

Staff also identified and was seeking funding for infrastructure programs and activities under the Neighborhood Revitalization Program as followed:

  • Street Improvement Program                                     $181,094.00
  • Neighborhood Beautification and blight removal      $  30,000.00

Dwight Siegler stated that he felt the CDBG funds were not being used to help the slum and blighted areas and asked that the funds be spend in those areas.

 

Motion:

Member Jordan moved to approve funding levels for the use of Fiscal Year (FY) 2021 CDBG and HOME grant funds, as recommended. Member Stoeckel seconded the motion. The motion carried unanimously.


Relocation of Titusville Solid Waste Transfer Facility to Mockingbird Mulching Facility, 3600 South Street – City Manager Larese advised that the City was notified by Brevard County of plans to construct a new solid waste transfer station at the Mockingbird Mulching Facility at 3600 South Street.  According to the information provided by the County (included in the agenda package), the new transfer station would replace the Titusville Transfer Station located approximately one-half mile to the south.

 

The proposed transfer station required a rezoning and conditional use permit (CUP), which was scheduled to be considered by the County's Planning and Zoning Board on April 16, 2020 and by the Board of County Commissioners on May 7, 2020.

 

Staff was seeking direction on what, if any, comments Council desired to provide to the County regarding the requested rezoning and CUP.

 

There was discussion by Council, but there were no recommendations. They were thankful for the Solid Waste Transfer Station.


PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) – None.


MAYOR AND COUNCIL REPORT

 

Mayor’s Report

Mayor Johnson submitted a written report.


Council’s Reports

Vice-Mayor Diesel commented on the Chick-Fil-A Pep Rally he attended and requested Council’s permission to write a letter signed by him that would support a Chick-Fil-A coming to Titusville.  

 

Council agreed, but did not want to include a specific location in Titusville.            


Vice-Mayor Diesel advised that he attended the NAACP meeting concerning issues most recently on DeLeon Avenue and that it had been very productive. 


Member Jordan requested staff research whether the City could use another publication (Trader Jakes) to advertise public notices to reduce costs. 

 

There was no objection from Council.


Member Stoeckel requested Council’s permission to send some talking points received from the Space Coast League of Cities to the City Manager’s Office and prepare a letter signed by the Mayor.  The letter would be mailed to the Florida League of Cities thanking them for their efforts on short term rentals.  

 

There was no objection from Council.

 

Member Stoeckel advised that she had met with Clear Channel, on billboard and sign ordinances in the City limits, regarding potentially getting electronic billboards in the Titusville City Limits.   


CITY MANAGER’S REPORT

City Manager Larese submitted a written report that included the following information:


Action Items - None


Informational Items

 

  • City of Titusville Finalist for Green Building Achievement Award.

 

City Manager Larese advised that the City had received notification from the Florida Green Building Coalition that the City was named as a finalist in their annual Certification Achievement Awards.


Special Meetings and Events

 

  • FY 21 Strategic Planning Council/Staff Meeting, March 12, 2020, 5:00 p.m. – 7:00 p.m. @ City Hall

CITY ATTORNEY’S REPORT - None


With no further business, the meeting adjourned at 8:43 p.m. 

 

                                                                                    

Walt Johnson, Mayor              

 

ATTEST:

Wanda F. Wells, City Clerk