City Council Regular Meeting January 22, 2008

Transcription

1 City Council Regular Meeting January 22, 2008 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, January 22, Mayor Ron Swank called the meeting to order at 6:30 p.m. Present were Mayor Swank, Vice- Mayor Paul Secor and Members Conrad Eigenmann, Walt Johnson and Jim Tulley. Also present were City Manager Mark Ryan, City Attorney Dwight Severs and City Clerk Wanda Wells. Administrative Secretary Rose Baker completed the minutes. Mayor Swank asked for a moment of silence then led those present in the Pledge of Allegiance to the Flag. He then reviewed public speaking procedures for the meeting. Minutes Member Tulley moved to approve the minutes of the regular meeting on January 8, 2008 with the correction to replace the wording virtual hillside with tier viewing in the motion regarding the approval of the Waterfront Recreation and Trails Master Plan. Member Eigenmann seconded the motion and it carried unanimously. Special Recognitions and Presentations: Letters of Appreciation City Manager Ryan read the names of the following employees that received letters of appreciation: City Clerks Office Johnny Bledsoe Charlene Lehmann Fire and Emergency Services Bob Allard Lisa Caron Jerry Ford Shawn Holbrook Wally Kohler Randy Moore Police Department Shaun Anderson Jamie Board Matt Demmon Carolina Johnson Jeff King J.D. McMartin Will Newman Richard Tirado 1

2 Public Works Department Vincent Lacroce Robert Litras Terry Peek Nathan White Employee of the Month City Manager Ryan recognized Lawanda Park of the Fire and Emergency Services Department as City Employee of the Month for December He also recognized William Newman of the Police Department as City Employee of the Month for January He read from both their nominations, which highlighted their accomplishments and presented them each with a plaque and gift. Boards and Commissions: Flag and Memorial Committee Vice-Chairman Bob Hale presented the annual report of the Flag and Memorial Committee, which highlighted the events held during the year that included the Astronaut Memorial Ceremony, Memorial Day Ceremony, and Flag Day Ceremony. Mr. Hale recognized the City and Brevard County for their support with the events. Member Eigenmann moved to accept the Flag and Memorial Committee Annual Report as presented. Vice-Mayor Secor seconded the motion and it carried unanimously. Titusville Community Service Award Select Committee Mayor Swank recommended the appointment of the chairperson and clergy representative be addressed at the next regular meeting. Member Eigenmann moved to address the Titusville Community Service Award Select Committee at the next regular meeting on February 12, Member Johnson seconded the motion and it carried unanimously. Board of Adjustments and Appeals Mayor Swank outlined the Board of Adjustments and Appeals had a vacancy for an alternate member. Member Johnson noted the motion to appoint Dina Belon-Sayre as an alternate member was made at the last regular meeting on January 8, 2008 was still on the table when the item was tabled to the January 22, 2008 regular City Council meeting. City Attorney Severs clarified the motion from the January 8, 2008 regular City Council meeting. The motion currently on the table was to appoint Dina Belon-Sayre as an alternate member to the Board of Adjustments and Appeals with a term to expire July 31, Vice-Mayor Secor had also seconded the motion. The vote was called. The motion carried unanimously. 2

3 Planning and Zoning Commission Planning and Zoning Commission Chairman George Fayson and Member Deborah Petyk presented the report and summarized the cases reviewed through the year They noted the Planning and Zoning Commission meeting time changed from 7:00 p.m. to 6:00 p.m. Chairman Fayson and Member Petyk urged council to reappoint current members whose terms would expire January 31, Member Eigenmann moved to approve the semi-annual report of the Planning and Zoning Commission as presented. Member Johnson seconded the motion and it carried unanimously. Planning and Zoning Commission Member Johnson moved to reappoint Fred Banks, Bonnie Fuller, Deborah Petyk and Shawn Williams as regular members to the Planning and Zoning Commission with terms to expire January 31, 2010 and William Shivel as an alternate member with a term to expire January 31, Member Tulley seconded the motion and it carried unanimously. Petitions and Requests from the Public Present (Open Forum) Al Gutierrez 4251 Grovewood Lane, thanked council for addressing privatization issues and urged council to implement privatization in the operations of the City. Susan Canada, Titusville complimented the solid waste and water departments for their service to the citizens and noted she opposed privatizing various operations. Consent Agenda Mayor Swank suggested council table Consent Agenda Item C, to execute an agreement with Pierce Manufacturing and its representative, TEN-8 Fire Equipment for the acquisition of one 2008 Peirce Contender Fire Apparatus, and the Master Lease Agreement with Leasing 2, Inc. to finance such acquisition, to the special council meeting on January 29, 2008 in order to take advantage of recent beneficial financing options. Member Tulley moved to approve Consent Agenda Items A, B and D in accordance with recommendations and table Item C to the January 29, 2008 special meeting. Member Eigenmann seconded the motion. Member Tulley read consent agenda items as follows: 3

4 A. Resolution No supporting issues during the 2008 legislative session urging members of the Florida Legislature to support the Florida League of Cities key issues during the 2008 legislative session. B. Approve purchase of audio/visual equipment for the Police Department Community Room, from Audio Visual Innovations, Orlando, Florida at a cost not to exceed $20, D. Approve the renewal of the School Resource Office agreement with the School Board of Brevard County for the school year for an estimated cost of $53,344.88, after a 75.57% ($165,000.00) reimbursement by Brevard County School Board. The roll call was: Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson The motion carried unanimously. Ordinances Second Readings, Public Hearings and Related Action: Ordinance No Amending the Regional Mixed Use Zoning District City Attorney Severs read Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, AMENDING SECTION OF THE LAND DEVELOPMENT REGULATIONS BY ADDING THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT AS AN UNDERLYING ZONING DISTRICT TO THE RMU 200 DISTRICT OF THE REGIONAL MIXED USE ZONING DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Manager Ryan outlined Ordinance No , which if approved, would accommodate the request by the property owner of the Sandy Pointe development to allow for longer, narrower lots that would be 65 to 75 feet wide. He highlighted that it was the second and final of two public hearings with the first public hearing held on January 8, Mayor Swank opened the public hearing. John Evans, 1702 South Washington Avenue, representing the developer of Sandy Pointe, was present to answer questions. He supported the proposed project and adoption of the ordinance. Mr. Evans advised council that construction on the property was scheduled to begin soon if an amendment to the developers agreement was approved at a public hearing later in the meeting. Jake Wise, Melbourne, Civil Engineer for the proposed Sandy Pointe project, was present to answer council s questions. 4

5 Mayor Swank closed the public hearing. Member Johnson moved to approve Ordinance No amending the Regional Mixed Use Zoning District as recommended. Vice-Mayor Secor seconded the motion and the roll call was: Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson Member Tulley The motion carried unanimously. First Amendment to the Sandy Pointe Developers Agreement City Manager Ryan summarized staff s recommendation to approve the amendment to the Sandy Pointe Developers Agreement. Mayor Swank opened the public hearing. John Evans, 1702 South Washington, representing the developer, gave council a revised proposed site plan for Sandy Pointe and highlighted the revisions made to the project. He urged council to approve the First Amendment to the project stating the developer would like to begin construction immediately. Member Tulley commented on what he felt were improvements made to the proposed project. He expressed concerned with the square footage of the lots. Jake Wise, Melbourne, Project Engineer, was present to answer council s questions, and reported all permits were issued and the developer was working closely with staff. David McWilliams, Melbourne, owner and developer, urged council approval of the proposed amendment and was present to answer questions. Member Eigenmann commented on what he felt was a lack of single-family homes and asked whether local contractors would be utilized for the project. Mr. McWilliams replied that the changing housing market was the main reason for modifications to the plan. Ernie Caldwell, Executive Vice-President of Waterfront Development Services clarified they construct only custom homes and would select contractors from the City s geographical area where as the home owner would have to utilize those contractors. Member Tulley commented on the City s Strategic Issue of Pursue Economic Development and felt the overall goal was to attract more families to Titusville rather than seasonal residents. 5

6 Mr. Caldwell advised that his company had its own in-house marketing and sales department that targeted a broad clientele and not just seasonal residents. Laura Ward, 5317 Riveredge Drive, felt the amendment was an improvement from the previous site plans, but felt lot sizes should be larger to attract entrepreneurs and their businesses to the area. She urged council to require 100-foot lots. John Evans, 1702 South Washington Avenue, rebutted Ms. Wards comments and clarified the proposed lot sizes of 65 to 75 feet were large enough to support construction of large homes. David McWilliams, Melbourne, owner and developer, felt people wanted less lawn maintenance, but still wanted a large home on the river with all the amenities. Mayor Swank closed the public hearing. Vice-Mayor Secor commented on the proposed single-family lot sizes and home square footages, and felt it would be more than enough square footage to accommodate and attract executives to the area. Member Johnson was impressed and felt the owner made a great improvement to the project. He noted that this project would assist with economic development in Titusville. Council and staff further discussed lot sizes and building height. Director of Planning & Growth Management Courtney Harris and City Attorney Severs recommended additional conditions on the approval of this item. Member Johnson moved to approve the First Amendment to the Sandy Pointe Developers Agreement with the following additional conditions: (1) Section 3.4 shall be revised to include height limitation of 35 feet for parcel 13; (2) Language from Section regarding docks and viewing piers shall be included in the declaration and covenants; and (3) language from Section shall also be included in Section 25 of the agreement. Member Secor seconded the motion and the roll call was: Mayor Swank Member Eigenmann Member Johnson Member Tulley Vice-Mayor Secor The motion carried unanimously. Ordinances First Reading City Attorney Severs read the following ordinances the first time by title only. 6

7 Ordinance No. 62A-2007, A CORRECTIVE ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING THE VARIOUS ELEMENTS OF SAID PLAN AND MAPS AND AMENDING ORDINANCE NO BY CHANGING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED WEST OF BARNA AVENUE, NORTH OF CHENEY HIGHWAY (STATE ROAD 50) FROM ITS PRESENT RESIDENTIAL HIGH DENSITY AND COMMERCIAL-HIGH INTENSITY TO COMMERCIAL-HIGH INTENSITY AND MEDIUM DENSITY RESIDENTIAL DESIGNATIONS; AND PROVIDING FOR AN EFFECTIVE DATE, and Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY, BY AMENDING THE VARIOUS ELEMENTS OF SAID PLAN AND MAPS BY CHANGING THE FUTURE LAND USE DESIGNATION FOR CERTAIN PROPERTY LOCATED EAST OF THE INTERSECTION OF DRAA ROAD AND DIXIE AVENUE, WEST OF PARK AVENUE FROM ITS PRESENT HIGH DENISTY RESIDENTIAL TO COMMERCIAL-LOW INTENSITY DESIGNATION; AND PROVDING FOR AN EFFECTIVE DATE, and Ordinance No , AN ORDINANCE AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING PROPERTY LOCATED EAST OF THE INTERSECTION OF DRAA ROAD AND DIXIE AVENUE, WEST OF PARK AVENUE FROM ITS PRESENT SINGLE-FAMILY MEDIUM DENSITY RESIDENTIAL (R- 1B) TO OFFICE PROFESSIONAL (OP); AND PROVIDING FOR AN EFFECTIVE DATE. Public hearings for the above ordinances were scheduled for February 12, Jerry Rowton, 18 North Dixie Avenue, commented on concerns regarding stormwater and traffic issues in the area. Robert Upthegrove, 119 North Dixie Avenue, commented on concerns regarding stormwater issues in the Draa Field area. City Manager Ryan advised the City and Brevard County School Board were in dialog to address potential uses for Draa Field. Planning and Growth Management Director Courtney Harris clarified reasons behind staff efforts to conduct a small area study of the Park and Dixie area was due to stormwater management issues, ongoing drainage problems, and possible future development in the area. New Business: 7

8 Small Area Study Park and Dixie City Manager Ryan outlined that a study was initiated by a future land use change and rezoning application (known as small scale comprehensive plan amendment procedure). He highlighted that in 2006, the applicant, Nitin Hate, located at 131 N. Dixie Road, requested a future land use map amendment of approximately two acres from Residential land use to Commercial-Low Intensity and a rezoning from Single-Family Medium Density Residential (R-1B) to Neighborhood Commercial (NC) for the purpose of constructing a commercial office complex and to rehabilitate a vacant home for use as a coffee shop. City Manager Ryan reported the application was recommended for denial by staff and was denied by council. He advised that at the time, staff recommended a small area plan be conducted to study the entire block and its subsequent blocks. City Manager Ryan reported that on December 19, 2007, the Planning and Zoning Commission heard the results and recommendations by the Planning Department for the area around Park Avenue and Draa Road, and recommended staff re-analyze the small area study and provide an opinion from the City Engineer as to the feasibility of the proposed project in the primary area to maintain its own stormwater. He reported that staff re-analyzed the study and received an opinion from the City Engineer. Director of Planning and Growth Management Courtney Harris clarified the study addressed concerns of area residents of future commercial uses. She recommended regional stormwater improvements for Draa Field and recommended corrections to the zoning and land uses in the area. Member Eigenmann moved to approve the Park and Dixie Small Area Study as recommended by staff. Member Johnson seconded the motion and it carried unanimously. Member Eigenmann requested City Manager Ryan keep council informed on negotiations between the City and the Brevard County School Board. Petitions and Requests from the Public Present (Open Forum) Martha Long, 300 York Avenue, thanked council for considering her appointment to the Board of Adjustments and Appeals, and requested council consider her for any future vacant board positions. Mayor and Council Reports Mayor Swank submitted his written report. Member Eigenmann requested staff update council on current water supply and demands. He commented on current needs versus potential needs. Vice-Mayor Secor commented on conservation and open space and recreation zoning. 8

9 Member Eigenmann asked City Manager Ryan for an update on the progress of Marina Park. City Manager Ryan reported that Brevard County Parks and Recreation representatives would make a presentation on Marina Park to the Community Redevelopment Agency at its meeting in February or March Member Tulley reported on his attendance at a recent meeting of the Student Advisory Council and reported a Leadership Seminar was being planned for April 18, 2008 at Parrish Medical Center. Member Johnson asked whether the requested Economic Development Study in the Industrial Park area was received. City Manager Ryan acknowledged staff had received the draft study and was reviewing it for errors before distributing it to the appropriate personnel. City Manager s Report Two citizens requested to speak under the City Manager s Report. Citizens should speak under petitions from the public present for any issue on the City Manager s Report. Council agreed to allow the citizens to speak. Laura Ward, 5317 Riveredge Drive, felt past visioning workshops were well attended, but was concerned that data gathered from the citizens at the workshops would not be provided to council. Martha Long, 300 York Avenue, commented on visioning workshops and urged council to ensure they fully understood the data that citizens provided to them. City Manager Ryan submitted his written report. He asked council for direction whether it desired the City to develop a policy on the waiver and refunding of permit fees for nonprofit organizations. Member Eigenmann moved to develop a municipal policy on the waiver and refunding of permit fees for non-profit organizations. Member Tulley seconded the motion and it carried unanimously. City Manager Ryan reported that NASA requested to use the council chamber on Monday, February 25, 2008 for a public meeting and solicitation of comments on the environmental assessment for a proposed vertical launch facility on Kennedy Space Center. 9

10 Member Eigenmann moved to approve the request from NASA to utilize the Titusville City Council Chamber on Monday, February 25, 2008 for a public meeting to solicit comments on the environmental assessment for a proposed Vertical Launch Facility on Kennedy Space Center. Member Johnson seconded the motion and it carried unanimously. City Manager Ryan requested council consider returning the legislative approval process for sketch plats from new business to the consent section for all future agendas. Mayor Swank clarified council consensus to move sketch plat approval to the consent section for all future agendas. City Manager Ryan reported staff was developing a Visioning Element to the Comprehensive Plan and requested council hold a special meeting on Tuesday, March 4, 2008 for adoption of the Visioning Element and providing direction to staff in the development of the Evaluation and Appraisal Report for the Comprehensive Plan. Mayor Swank clarified council consensus to schedule the special meeting on Tuesday, March 4, 2008 at 5:30 p.m. City Attorney s Report City Attorney Severs reported an appeal was filed by Kathleen Burson with the Division of Administrative Hearings, pursuant to Florida Statutes Chapter (3) regarding the recent approval by council of Small Scale Amendment No He outlined the appeal alleged or claimed that the City did not have the right to change the conservation land use of the existing conservation lands without proving that the conservation land use was denying landowners reasonable use of the land. It also outlined the amendment violated the City s local comprehensive plan. City Attorney Severs recommended sending a letter to Bright House expressing concern with moving the Government Channel 99 to Digital Channel 199, and charging citizens a one dollar monthly charge. Mayor Swank clarified council consensus to send a letter signed by each member of council to Bright House with the concerns. Vice-Mayor Secor requested information on video streaming. City Manager Ryan stated he would report back with the information. With there being no further business, Member Tulley moved to adjourn the meeting at 9:48 p.m. Member Eigenmann seconded the motion and it carried unanimously. 10

11 ATTEST: Ronald G. Swank, Mayor Wanda F. Wells, City Clerk 11