Regular City Council Meeting - February 25, 2020 at 6:30 PM

  1. Minutes

City Council

Regular Meeting

February 25, 2020

 

The City of Titusville City Council met in regular session on Tuesday, February 25, 2020, at Titusville City Hall, second floor, Council Chamber, 555 S. Washington Avenue, Titusville, Florida 32796. Mayor Johnson called the meeting to order at 6:30 p.m. Those present included Mayor Johnson, Vice-Mayor Daniel Diesel, and regular City Council Members JoLynn Nelson, Robert Jordan, and Sarah Stoeckel. Also present were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. 

 

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


APPROVAL OF MINUTES

 

Motion:

Member Nelson moved to approve the minutes of the regular City Council meeting on February 11, 2020, as submitted. Member Jordan seconded the motion and it carried unanimously.  


SPECIAL RECOGNITIONS & PRESENTATIONS – None. 


BOARDS AND COMMISSIONS

 

Municipal Code Enforcement Board – The two requests were: (1) Accept the resignation of Regular Member Edward Moniz (Open Classification) with a term to expire on October 31, 2022. His resignation was effective on February 10, 2020. (2) Appoint one regular member to an unexpired term to expire on October 31, 2022. It was also noted that Alternate Member William Killpartrick desired serving as a regular member. There were no other applications on file.

Motion:

Member Nelson moved to accept the resignation of Municipal Code Enforcement Board Regular Member Edward Moniz (term to expire on October 31, 2022) with regret, effective on February 10, 2020.  Vice-Mayor Diesel seconded the motion and it carried unanimously. 

Member Nelson desired tabling the request to appoint a regular member to the board, due to she felt there were approximately nine citizens that recently applied to serve on another board (Planning and Zoning Commission), who may be interested in serving on the Municipal Code Enforcement Board, if they were not appointed to the Planning and Zoning Commission. 

Motion:

Member Nelson moved to table the appointment of a regular member on the Municipal Code Enforcement Board (term to expire on October 31, 2022) to the regular City Council meeting scheduled on March 10, 2020. Member Jordan seconded the motion and it carried unanimously. 


Titusville Environmental Commission – The two requests were: (1) Accept the resignation of Regular Member Alex Chamberlain with a term to expire on November 30, 2022. His resignation was effective on February 12, 2020. (2) Appoint one regular member to an unexpired term to expire on November 30, 2022. It was also noted that the one of the commission’s two alternate members, William Young, desired serving as a regular member. There was also one additional application on file from Tuan Le that was received by the City’s established deadline and which was distributed at the meeting. 

 

Stan Johnston submitted a public speaking card and praised Alex Chamberlain on his service to the Titusville Environmental Commission (TEC). He also reviewed a brief history of the TEC and matters that he felt were political and pertained to the commission. 

Motion:

Member Nelson moved to accept the resignation of Titusville Environmental Commission Regular Member Alex Chamberlain (term to expire on November 30, 2022) with regret, effective on February 12, 2020.   

 

Council commended Mr. Chamberlain, who had served on the Titusville Environmental Commission for many years. 

Member Jordan seconded the motion and it carried unanimously.

Motion:

Member Nelson moved to appoint Tuan Le as a regular member of the Titusville Environmental Commission, for an unexpired term to expire on November 30, 2022, subject to his resignation as a regular member of the Municipal Code Enforcement Board. Member Jordan seconded the motion and it carried unanimously. 


Planning and Zoning Commission – The two requests were: (1) Appoint two regular members to the Planning and Zoning Commission, for vacant terms to expire on January 31, 2022. (2) Appoint one alternate member to the Planning and Zoning Commission for an unexpired term to expire on January 31, 2022, if applicable. 

 

It was noted that Alternate Member Susan Idtensohn had expressed her desire to serve as a regular member on the Commission; however, Alternate Member Suzanne Copeland did not wish to be considered as a regular member. 

 

In addition, nine applications were on file from the following citizens: Jan Cary, Maria Granatosky, Thorntie (Butch) Houck, Stan Johnston, Mary Murray, Joyous Parrish, Jesse Porter, Robbin Porter, and Margaret VanDeven. Additionally, a letter of reference on behalf of applicant Stan Johnston was distributed at the meeting. 

 

Mayor Johnson invited each of the applicants to the podium individually, to state their qualifications, to which each applicant that was present responded accordingly. 

 

Following this, each of the Council members expressed or nominated who they preferred serve in one of the available regular member positions on the Planning and Zoning Commission, from the pool of current applicants. 

 

Member Jordan, Member Stoeckel, Vice-Mayor Diesel, and Mayor Johnson nominated Mary Murray for a regular member position. 

 

Members Nelson and Stoeckel nominated Joyous Parrish for a regular member position. 

 

Member Jordan, Member Nelson, and Vice-Mayor Diesel nominated Jesse Porter or Robbin Porter for a regular member position. 

 

Motion:

Member Jordan moved to appoint Mary Murray as a regular member on the Planning and Zoning Commission, for unexpired term that would expire on January 31, 2022. Vice-Mayor Diesel seconded the motion and it carried unanimously. 

 

Motion:

Member Jordan moved to appoint Jesse Porter as a regular member on the Planning and Zoning Commission, for unexpired term that would expire on January 31, 2022. Vice-Mayor Diesel seconded the motion and it carried unanimously. 

 

Based on additional Council discussion, staff would reach out to all other applicants to determine whether they wanted to be considered for any other City board or commission.


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

 

Stan Johnston felt there was confusion on a report he believed existed on matters that he was concerned with and which he discussed in his own prior personal correspondence, but which, per Mr. Johnston, was not available when requested or did not exist whatsoever as part of the confusion. Because of this frustration, he requested the resignation of persons he believed should be held accountable. 


CONSENT AGENDA

 

City Manager Larese advised that public speaking cards were submitted on Consent Agenda Items 8A, 8B, 8C, and 8D. He then read Consent Agenda Item Nos. A, B, C and D, as provided in the Council agenda packet and as followed:

 

  1. Amendment of Contract #MG15P044 for Management and Operations of City of Titusville Municipal Marina - Approve and authorize the Mayor to sign the 1st amendment to contract #MG15P044, Management & Operation Services for the Titusville Municipal Marina.

 

Stan Johnston submitted a public speaking card on Item 8A. He expressed concern on privatizing services at the Municipal Marina and the private sector’s desire to earn profits. For this reason, he asked Council to table the requested action until a report was provided to Council with more information. 

                        

  1. Award of Annual Stormwater and Piping Installation Services - Approve the award of contract to SDV Services, LLC of Titusville, FL for the construction of various stormwater improvements on an as-needed basis for an annual amount not to exceed $500,000.00, and authorize the Mayor to execute the contract.

 

Stan Johnston submitted a public speaking card on Item 8B. He expressed concern with outsourcing work for improvements, whereas making the improvements using in-house labor could be more cost efficient. Using any cost savings, the City could investigate his concerns related to stormwater management and improvements. 

 

  1. Change Order #2 to Contract #19-B-057 with Affordable Development, Inc. for the SR 405 Utility Relocation Project - Approve Change Order #2 in the amount of $39,492.06 to contract #19-B-057 with Affordable Development, Inc. to include the installation of two line stops and other necessary work to complete the project, authorize the City Manager to execute the change order, and approve the associated budget amendment.

 

Stan Johnston submitted a public speaking card on Item 8C. He was against the requested action, due to he felt that more information was needed to support request. 

 

  1. Resolution No. 6-2020 Authorizing a State Revolving Fund Loan for Construction of Improvements to Solids Handling at the Mourning Dove WTP - Adopt Resolution No. 6-2020 authorizing the City to enter into a loan agreement with the Drinking Water State Revolving Fund (SRF) for construction of the project known as the Mourning Dove WTP Improvements Project and approve the related budget amendment.

Stan Johnston submitted a public speaking card on Item 8D. He questioned why the proposed request was necessary and felt that more information was needed that explained the reason that led to the requested action.

Motion:

Member Jordan moved to approve Consent Agenda Item Nos. A, B, C, and D, as recommended. Member Nelson seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously. 


ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

 

Resolution No. 7-2020 - Special Assessment of the Removal of a Condemned and Hazardous Structure at 711 Booker Street Unit A&B - City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to approve Resolution No. 7-2020 approving and confirming the special assessment of the removal of a condemned and hazardous structure at 711 Booker Street Unit A&B.

 

Mayor Johnson opened the public hearing.

 

Stan Johnston commented on many issues, some including the last recession, mortgage lending practices in 2008, homeowners stuck with high mortgages during the last recession, the once condemned structure could have been better managed or donated by the property owner(s) to Habitat for Humanity, Code Enforcement fines, etc. 

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Nelson moved to approve Resolution No. 7-2020, as recommended. Member Jordan seconded the motion and the roll call vote was:

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously. 


Resolution No. 8-2020 - Special Assessment of the Removal of a Condemned and Hazardous Structure at 511 Canaveral Avenue - City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to approve Resolution No. 8-2020 approving and confirming the special assessment of the removal of a condemned and hazardous structure at 511 Canaveral Avenue. 

 

Mayor Johnson opened the public hearing.

 

Stan Johnston commented on derelict structures and how they were sometimes used by persons addicted to drugs. Instead of tearing down derelict structures, he requested the City explore how derelict structures could be rehabilitated to better the community. 

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Nelson moved to approve Resolution No. 8-2020, as recommended. Vice-Mayor Diesel seconded the motion and the roll call vote was:

 

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously. 


Resolution No. 9-2020 - Special Assessment of the Removal of a Condemned and Hazardous Structure at 1229 First Avenue - City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to approve Resolution No. 9-2020 approving and confirming the special assessment of the removal of a condemned and hazardous structure at 1229 First Avenue.

                        

Mayor Johnson opened the public hearing.

 

Stan Johnston commented on the cost to rehabilitate dilapidated homes. He requested the City explore how it could work with property owners or forgive some portion of Code Enforcement fines, in order to possibly facilitate improving abandoned or derelict structures. 

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve Resolution No. 9-2020, as recommended. Member Nelson seconded the motion and the roll call vote was:

 

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

 

The motion carried unanimously.  


Resolution No. 10-2020 - Special Assessment of the Removal of a Condemned and Hazardous Structure at 508 Lucky Street - City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to approve Resolution No. 10-2020 approving and confirming the special assessment of the removal of a condemned and hazardous structure at 508 Lucky Street.

 

Mayor Johnson opened the public hearing.

 

Stan Johnston requested the City reconsider its current procedure to tear down dangerous and dilapidated structures. He felt that the recently demolished structure at 508 Lucky Street looked as if it could have been repaired.

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Member Stoeckel advised that the pictures of the former structure were available for public inspection, to which she added the structure was in horrible condition. 

 

Motion:

Member Jordan moved to approve Resolution No. 10-2020, as recommended. Member Nelson seconded the motion and the roll call vote was:

 

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

 

The motion carried unanimously. 


Resolution No. 11-2020 - Special Assessment of the Removal of a Condemned and Hazardous Structure at 144 Roosevelt Street - City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to approve Resolution No. 11-2020 approving and confirming the special assessment of the removal of a condemned and hazardous structure at 144 Roosevelt Street.

 

Mayor Johnson opened the public hearing.

 

Stan Johnston reiterated his request for the City reconsider its current procedure to tear down dangerous and dilapidated structures. 

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve Resolution No. 11-2020, as recommended. Vice-Mayor Diesel seconded the motion and the roll call vote was:

 

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

 

The motion carried unanimously. 


City Manager Larese took a moment to thank the City Council for providing funding to remove the dangerous and derelict structures. He also thanked the City’s Code Enforcement Manager Glenn Tolleson for administering the process that improved the safety of the community. 


Resolution No. 12-2020 - Special Assessment of the Removal of a Condemned and Hazardous Structure at 192 Roosevelt Street - City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to approve Resolution No. 12-2020 approving and confirming the special assessment of the removal of a condemned and hazardous structure at 192 Roosevelt Street.

                        

Mayor Johnson opened the public hearing.

 

Stan Johnston felt that not all dilapidated structures were savable, but in his opinion, some could be saved.

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve Resolution No. 12-2020, as recommended. Member Nelson seconded the motion and the roll call vote was:

 

Member Nelson                      Yes

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

 

The motion carried unanimously.


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, for the first time by title only.

 

City Manager Larese highlighted the request, as provided in the Council agenda packet, which was to conduct the first of two public hearings for Ordinance No. 2-2020. This was the first reading and first public hearing. The second and final public hearing on Ordinance No. 2-2020 was scheduled for the regular City Council meeting on March 10, 2020 at 6:30 PM.

 

In addition, the Community Redevelopment Agency (CRA) 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 denial, via a 5-2 vote. The Planning and Zoning Commission approved another motion asking the City Council to limit the height of all buildings to no more than five stories, via a 6-1 vote.

 

Mayor Johnson opened the public hearing.

 

Stan Johnston was opposed to the proposed ordinance for reasons he explained. He felt there was a previous exhibit that showed that a proposed building may be too close to an adjacent property line. He also desired the community to be a low-rise community. 

 

With no additional persons that wished to speak, Mayor Johnson closed the first of two required public hearings. 

 

This was the first reading and the first public hearing of Ordinance No. 2-2020.  The second and final public hearing was scheduled for the regular City Council meeting on March 10, 2020. 


The following items were subject to quasi-judicial rules of procedure.


Resolution No. 13-2020 - Vacate Request - Right-of-Way Vacation Application No. 1-2019 Titusville Heights – City Manager Larese reviewed the request as provided in the Council agenda packet. The applicant requested vacating a portion of the Titusville Heights plat and associated public rights-of-way and approve related Resolution No. 13-2020. The Planning and Zoning Commission considered this request on February 19, 2020 and recommended approval with conditions as written in the staff report, 7-0. 

 

From the staff report: An application was submitted by Rodney M. Honeycutt on behalf of Gregory Nelson, requesting the vacation of a portion of the plat and public rights-of way described in Exhibit “A” in order to return the property covered by said plat into acreage. The property subject to the request was originally platted on June 12, 1924, with the recording of the Titusville Heights plat in the public records of Brevard County, Florida at Plat Book 3, Page 72. Subsequent to the recording of the plat several vacations have taken place for the establishment of rights-of-way for State Road 406 (Garden Street) and Interstate 95. 

 

Additionally, between the years 1965 and 1966, the Titusville City Council adopted three resolutions vacating several rights-of-way of the Titusville Heights plat located on the north side of the State Road 406 right-of-way [Resolution No’s. 53-1965, 70-1965, and 55-1966]. Per Florida Statutes 336.10 and 177.101, local jurisdictions have the ability to consider requests to vacate public rights-of-way, plats, or portions of a plat. “The governing bodies of the counties of the state may adopt resolutions vacating plats in whole or in part of subdivisions in said counties, returning the property covered by such plats either in whole or in part into acreage. Before such resolution of vacating any plat either in whole or in part shall be entered by the governing body of a county, it must be shown that the persons making application for said vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the governing body of the county will not affect the ownership or right of convenient access of persons owning other parts of the subdivision.” [Sec. 177.101(3) Fla. Stat.]

 

The City’s right-of-way vacate process was the most applicable to vacating a portion of a plat. The applicant provided evidence demonstrating that they owned the fee simple title to the part of the plat sought to be vacated. The plat vacate does not appear that it would affect the ownership and right of convenient access of persons owning the remaining portions of the Titusville Heights plat.

 

                        

Mayor Johnson opened the public hearing.

 

Rodney Honeycutt, applicant, reviewed the purpose of the requested action, restrictions on the acreage or site, some rights-of-way that would remain, and receiving the proper letters from agencies that had no objections to the requested action. Mr. Honeycutt also discussed two proposed conditions, but which when they were discussed at the Planning and Zoning meeting, per Mr. Honeycutt, it was declared that the conditions were not necessary, which he reviewed and explained to the Council. The two originally proposed conditions in question were:

 

1. That all necessary deeds, easements, and/or variances are obtained to ensure that those properties abutting the vacated portion of the rights-of-way have legal access to a public right-of way. 

 

To the first tentative condition, Mr. Honeycutt advised that he and is client had already completed the items listed in this condition. 

 

2. In the event that compliance with the conditions set forth herein is not achieved within one hundred eighty (180) days of the date of approval of this vacation, this Resolution shall become null and void.

 

To the second tentative condition, Mr. Honeycutt advised that this condition (completion of condition no. 1 within 180 days) was not necessary, indicating that again, he and client had already completed the items listed in the first tentative condition. 

 

Community Development Director Busacca reviewed information with the Council to clarify what Mr. Honeycutt suggested. To this, Member Jordan after consulting with staff, indicated that removing the two conditions from within the proposed resolution would cure the applicant’s request. 

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve Resolution No. 13-2020 and Right-of-Way Vacation Application No. 1-2019 Titusville Heights, with no conditions. Member Nelson seconded the motion and the roll call vote was:

 

Mayor Johnson                       Yes

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

 

The motion carried unanimously.


Resolution No. 14-2020 - Right of Way Vacation Application No. 3-2019 Hope Hammock - City Manager Larese reviewed the request as provided in the Council agenda packet. The request was to approve Resolution No. 14-2020 and Right-of-Way Application No. 03-2019 vacating, abandoning, and discontinuing certain streets, illustrated in Exhibit A that are described in Plat Book 1, Page 17 of the Public Records of Brevard County, that lie along South Brown Avenue. 

 

From the staff report: The subject public right-of-way was recorded as part of a gridded plat in 1888 as a 10-foot wide alleyway. The purpose of the grid system was to facilitate pedestrian movement. Traditionally, the frontages of homes were oriented outward toward the local streets and the 10-foot wide alleys provided access to garages and storage areas at the rear. The alleyways are perpendicular to South Brown Avenue, and the parcel surrounding the site previously contained a multi-family housing complex that was condemned and demolished by the City of Titusville in 2010. During the site plan review process for a proposed multi-family residential development adjoining the subject right-of-way, the applicant determined that the proposed stormwater facility would require piping through the right-of-way. Furthermore, the applicant requested and was approved for several variances involving building setbacks and landscape buffers for the same development; a condition of approval imposed by the Board of Adjustments and Appeals required that the placement of any improvement within the subject right-of-way would require application to vacate said right-of-way. Therefore, to move forward with the proposed project, the applicant desired to vacate the alleyways described in the associated legal description and sketch description. Staff recommended approval of the request subject to the following three conditions: 

 

1.  A 10-foot utility/access easement shall be dedicated to Florida City Gas over existing Florida City Gas facilities in the north 10-foot alleyway of lots 7 and 9, Block 54, a Map of a Part of Titusville, as record in plat book 01, page 12 of the public records of Brevard County, Florida. 

 

2. A 10-foot utility/access easement encompassing any Florida Power & Light facilities shall be dedicated to Florida Power and Light.

 

3. In the event that compliance with the conditions set forth herein is not achieved within one hundred eighty (180) days of the date of approval of this vacation, this resolution shall become null and void.

 

The Planning and Zoning Commission considered this request on February 19, 2020 and recommended approval with conditions as written in the staff report, 7-0.

 

Community Development Director Busacca reviewed information in the staff report, as well as a request from Florida City Gas and Florida Power and Light companies, 180-days proposed for compliance of conditions by the applicant, etc.  

 

Mayor Johnson opened the public hearing.

 

Z. Sid Chehayeb, applicant, was available to answer questions. He also commented on procedures related to the vacation process, staff recommendations being acceptable with comments on details of the completion, as well as property ownership. 

 

City Attorney Broome reviewed normal circumstances of property ownership when rights-of-ways were vacated typically, but not always, stopped at the center line of the vacated area. In response to further questions from the applicant on property ownership, it was discussed that if another party had claim to property ownership at the vacated area, then the applicant might seek an easement from the adjacent property owner for their own personal pursuits. At this meeting, the Council could not act or make determinations on anything else, other than approving or denying the request to vacate the City’s interest in right-of-way. 

 

With no additional persons that wished to speak, Mayor Johnson closed the public hearing. 

 

Motion:

Member Jordan moved to approve Resolution No. 14-2020 and Right-of-Way Vacation Application No. 3-2019, as recommended and with the following conditions: (1) A 10-foot utility/access easement shall be dedicated to Florida City Gas over existing Florida City Gas facilities in the north 10-foot alleyway of lots 7 and 9, Block 54, a Map of a Part of Titusville, as record in plat book 01, page 12 of the public records of Brevard County, Florida; (2) A 10-foot utility/access easement encompassing any Florida Power & Light facilities shall be dedicated to Florida Power and Light; and (3) In the event that compliance with the conditions set forth herein is not achieved within one- hundred eighty (180) days of the date of approval of this vacation, this resolution shall become null and void. Member Nelson seconded the motion and the roll call vote was:

 

Vice-Mayor Diesel                  Yes

Member Stoeckel                    Yes

Member Jordan                       Yes

Member Nelson                      Yes

Mayor Johnson                       Yes

 

The motion carried unanimously.


ORDINANCES-FIRST READING 

 

Ordinance No. 3-2020 - Rezoning Application No. 4-2019 Canopy Living Assisted Living Facility – 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, for the first time by title only.

 

City Manager Larese reviewed the request as provided in the Council agenda packet. The Planning and Zoning Commission considered this request on February 19, 2020 and recommended tabling to their next meeting with a request for more information, 6-1. 

 

Rodney Honeycutt submitted a public speaking card. He requested staying on track for the public hearing scheduled for March 10, 2020 at 6:30 p.m. 

 

Stan Johnston submitted a public speaking card. He waived his allotted time to speak on the agenda item. 

 

The public hearing on Ordinance No. 3-2020 and Rezoning Application No. 4-2019 was scheduled for the regular City Council meeting on March 10, 2020.


OLD BUSINESS – None.


NEW BUSINESS

 

Bonding of Improvements - Verona Subdivision (Phase 1) - City Manager Larese reviewed the request as provided in the Council agenda packet, which was for Council to determine the form of the surety, to ensure that all infrastructure within Verona Subdivision (Phase I) would be constructed as required by the City.

 

From the Council agenda packet: 

 

Code Section 34-164 states that upon approval of the preliminary plat for a subdivision, the subdivider shall exercise one of two (2) options prior to submitting the final plat: 1. Install all required site improvements; or 2. Prepare a detailed cost breakdown and specifications for all required site improvements which meet the approval of the City and provide a performance bond or escrow agreement acceptable to the City in the amount of one hundred twenty (120) percent of the site construction costs to guarantee the installation of the required improvements.

 

KB Home, the developer of Verona (previously known as Willow Creek) Phase I, has requested the City consider accepting a surety (either performance bond or escrow agreement) to bond all improvements required prior to final plat approval.  Verona Subdivision Phase I is comprised of seventy-nine (79) units on approximately 36 acres located west of Grissom Parkway and north of Kings Highway.   Construction of the subdivision has begun based upon the approval of the preliminary plat. 

 

There are several issues for Council to consider. The City has never bonded 100% of improvements prior to approval of the final plat. Staff has contacted a number of local governments and found that very few have experience with bonding of 100% of improvements prior to approval of the final plat. The City of Rockledge requires approval of the final plat and bonding of all improvements before construction begins.  In addition, the City's code states that all improvements will be completed within 120 days, which may be extended if the applicant files security for 50% of the cost of paving and drainage, and 50% of all other improvements for maintenance of improvements.  In addition, the Rockledge code states that the City is not responsible for the cost of any improvements in addition to the surety amount. Should it become necessary for the surety to be called, the City could become the project developer.

 

Staff recommends that notes be added to the plat, and an additional document be recorded, to notify prospective property owners that the plat was approved without completion of infrastructure and that home construction cannot commence until required infrastructure is in place. Section 34-182 of the Code requires that any subdivider electing to delay installation of required improvements until after the final plat is approved shall be required to install all remaining improvements within one (1) year from the date the final plat is approved.  The Administrator, for good cause shown by the subdivider, may extend the time for installation for a period not to exceed six (6) months.  The extension will also require a review of the surety amount after which the Administrator may require an additional amount guaranteeing the installation of the improvements. In the event the subdivider fails to install the improvements within the time required, the City is authorized to take such action as is necessary to require the improvements are installed by the subdivider.  In the event the amount of the guarantee is not sufficient to pay the entire cost of installing the required improvements, the subdivider shall be liable to the City for the balance of the cost necessary to install such improvements.

 

Rodney Honeycutt submitted a public speaking card. He reviewed various details of the project, such as construction had begun, the site was cleared, excavation was approximately 20% complete, etc. He further explained why it was important to initiate the performance bond now, so that the plat could be recorded into the public records, and when completion was realized, the project moved smoothly.  

 

Mayor Johnson expressed concerns with these matters in general. He wanted to avoid a scenario where the City could be faced with taking over as the developer, due to the developer may not follow through on the project’s completion. Mayor Johnson preferred the performance bond method. 

 

Stan Johnston submitted a public speaking card. He was not opposed to the request, but he did feel it was important to discuss math related to project costs, the developer’s overhead costs, driveway permit, how much money the developer must sell each of the lots, etc. He also discussed his own knowledge of how these matters worked. 

 

Mayor Johnson explained that if at anytime a project went defunct, the company that issued the performance bond was required to complete the project. The City would not be involved. On costs, these matters were related to a free enterprise system and risk was taken on by the developer, etc. 

 

Council and staff briefly discussed the dollar amount of the performance bond and the calculation rationale, which recommended 120% of site construction costs, etc. 

 

Motion:

Member Jordan moved to approve Alternative 1 in the Council agenda packet: Approve bonding of all improvements for Verona Phase 1 and require a performance bond as surety, in an amount of $3,928,336.98.  In addition, a note should be added to the plat, and additional document to be recorded, to notify prospective property owners that the plat was approved without completion of infrastructure and that home construction cannot commence until required infrastructure is in place. Vice-Mayor Diesel seconded the motion and it carried unanimously. 


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


MAYOR AND COUNCIL REPORTS

 

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


Council Reports – 

 

Member Stoeckel reviewed the following information:

 

  • The recent special City Council meeting and community conversation workshop to prepare for Fiscal Year 2021 (held on Saturday, February 22, 2020 at 9:00 a.m., City Hall Council Chamber)
  • How much the community seemed to enjoy the Titusville Talking Points magazine
  • Pending legislation at the State level on short term rental properties
  • A winner of the Four Under Forty Awards (Bryan Bobbitt recipient)

 

Member Nelson reviewed the following information:

 

  • The recent special City Council meeting and community conversation workshop to prepare for Fiscal Year 2021 (held on Saturday, February 22, 2020 at 9:00 a.m., City Hall Council Chamber)
  • North Brevard Rotary Club Chili competition (commending Vice-Mayor Diesel on his participation)

 

Vice-Mayor Diesel reviewed the following information:

 

  • The recent special City Council meeting and community conversation workshop to prepare for Fiscal Year 2021 (held on Saturday, February 22, 2020 at 9:00 a.m., City Hall Council Chamber)
  • North Brevard Rotary Chili competition
  • Citizens seemed to be satisfied with events and the direction of where the City was headed

 

Mayor Johnson reviewed the following information:

 

  • Current community progress and growth compared with a prior economic trend that at one time depended on the Department of Defense
  • Free enterprise was the current economic trend in the City

 

There were no other reports.


CITY MANAGER’S REPORT

 

City Manager's Report - The City Manager's Report submitted his written report, which provided informational items only, as followed:

 

  • Annual Community Assessment – FY 2019 Community Development Program
  • Fiscal Year 2021 Strategic Planning Council/Staff meeting on Thursday, March 12, 2020, 5:00 p.m. until 7:00 p.m. at City Hall

CITY ATTORNEY’S REPORT – None. 


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

 

 

 Walt Johnson, Mayor


ATTEST:

Wanda F. Wells, City Clerk