xxx xxx Mayor Swank asked for a moment of silence and then led those present in the Pledge of Allegiance to the Flag. xxx

Transcription

1 City Council Regular Meeting July 8, 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, July 8, Mayor Ron Swank called the meeting to order at 7:30 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. City Clerk Wanda Wells completed the minutes. Mayor Swank asked for a moment of silence and then led those present in the Pledge of Allegiance to the Flag. Mayor Swank read public speaking procedures for the meeting. Special Recognitions and Presentations- Housing Affordability Study Chairman and CEO of Strategic Planning Group Bob Gray presented the findings of the Housing Affordability Study. Mr. Gray highlighted the census for Titusville; 2000 housing census for Titusville; type of housing in 2000; 2000 census for Titusville; Titusville substandard housing; substandard housing for 2005/07; demographic trends for 2000, 2007, 2012; affordability model; income limits for state/federal assistance; recent Titusville sales; 2 worker households; rental affordability; Titusville average home sale prices; county tax appraiser data for 2007; home prices in U.S. and Titusville; Titusville single family building permits; Titusville homeownership rate; home sales in Titusville; median home sale prices; new paradigm; shifting housing paradigm; and strategies. Motion: Member Eigenmann moved to accept the Housing Affordability Study, as presented. Member Tulley seconded the motion and it carried unanimously. Letters of Appreciation City Manager Ryan read the names of the following employees that received letters of appreciation: Fire and Emergency Services Reggie Belle 1

2 Police Department Bill Amos Jamie Board Denise Fitzgerald Amanda Landers Ron Larson Victor Rodriguez Rich Tirado Public Works Public Works Department Boards and Commissions - North Brevard Commission on Parks and Recreation Regular Member Enrico Pucci resigned from serving on the Commission effective June 14, 2008 with an unexpired term to expire on August 31, Motion: Member Eigenmann moved to accept the resignation of Regular Member Enrico Pucci with regrets. Member Johnson seconded the motion and it carried unanimously. Council requested a letter of appreciation be sent to Mr. Pucci for serving as a regular member on the North Brevard Commission on Parks and Recreation. Planning and Zoning Commission Semi-Annual Report Regular Member Shawn Williams presented the report highlighting the summary of cases from January 2008 through June Motion: Member Johnson moved to accept the Planning and Zoning Commission Semi-Annual Report, as presented. Member Tulley seconded the motion and it carried unanimously. Petitions and Requests from the Public Present (Open Forum) Mitch Treider expressed concern of the glass pipes, bongs, cocaine sifters, etc. that are being sold in many of the local gas stations and convenient stores throughout the City of Titusville. He requested Council adopt an ordinance that would limit the sale of Tobacco utensils, specifically glass and metal pipes, bongs, sifters, etc. to tobacco shops only. Council directed City Attorney Severs to research this issue in order to determine the limitations. Consent Agenda - Motion: Vice-Mayor Secor moved to hear Consent Agenda Item A McGladrey & Pullen Revised Contract under New Business. Member Eigenmann seconded the motion and it carried unanimously. 2

3 Motion: Member Johnson moved to approve the remainder of Consent Agenda Items B, C, D, and E in accordance with recommendations. Member Tulley seconded the motion. City Manager Ryan read the Consent Agenda Items: B. Approve Resolution No declaring a definite time and place a public hearing will be held to consider vacating, abandoning, and discontinuing certain public streets located South of Cheney Highway, between Barna Avenue and Boyd Road. C. Approve award of Work Order BFAWR006 in the amount of $68,715 to Barnes, Ferland and Associates, Inc. for response to the St. Johns River Water Management District's first request for additional information related to the consumptive use permit renewal for the Area II and III well fields and authorize the City Manager to execute the work order. D. Approve award of Bid No. 08-B-014 in the amount of $955,000 to Brandes Design- Build, Inc. of Clearwater, FL to furnish and install a belt filter press and perform other project related work at the Osprey Water Reclamation Plant, and authorize Mayor to execute contract. E. Approve Resolution No urging members of the Florida League of Cities to support legislation to enhance the penalties regarding the sale or furnishing of alcoholic beverages to underage persons and urge their respective Florida Legislative Delegation Members to sponsor or endorse such legislation in the 2009 legislative session. (Revised resolution was distributed.) The roll call was: Member Tulley Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson The motion carried unanimously. Mayor Swank clarified that the motion included the revised resolution that was distributed for Consent Agenda Item E. Council concurred. Ordinances Second Reading, Public Hearings and Related Action - Ordinance No Residential Treatment Facility This item was tabled from the regular City Council Meeting on June 24, This was the second and final public hearing. City Attorney Severs read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS BY 3

4 AMENDING SECTIONS TO PROVIDE A DEFINITION OF RESIDENTIAL TREATMENT FACILITY AND AMENDING THE DEFINITION OF ADULT CONGREGATE LIVING FACILITY; AND BY AMENDING SECTIONS , OF THE LAND DEVELOPMENT REGULATIONS BY PROVIDING CRITERIA FOR A RESIDENTIAL TREATMENT FACILITY AS A CONDITIONAL USE WITHIN THE MULTIFAMILY, HIGH DENSITY RESIDENTIAL (R3) ZONING AND HOSPITAL MEDICAL (HM) ZONING DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDNG FOR AN EFFECTIVE DATE the second time by title only. City Manager Ryan highlighted the report. He advised that this change was in response to a number of inquires and one application related to Residential Treatment Facilities. Staff created an ordinance which defined and permitted Residential Treatment Facilities in Multi-Family, High Density (R3) zoning and Hospital Medical (HM) zoning districts. The ordinance addresses various concerns regarding scale, buffering and density among the many possible impacts associated with such projects. The Residential Treatment Facility ordinance was also reviewed by the Titusville 2020 team and recommended for approval by the Planning and Zoning Commission on June 4, 2008 by a vote of 4-2. Planning and Growth Management Director Courtney Barker distributed updated information on Residential Treatment Facilities compared by applicant and on Residential Treatment Facilities licenses by AHCA in surrounding counties. Mayor Swank opened the public hearing. As no one wished to speak, the public hearing was closed. Council clarified language in several sections of the ordinance. Clarification included the following: Section (a)(2) license should be business tax license Entire Ordinance numbers and letters need to be revised to correct layout of ordinance Section (13) clarify how restriction will be controlled Section (a)(3) neighborhood should be changed to surrounding neighborhood Section (11)(d) clarify square footage Other discussion included data provided, multi-family residents, outdoor recreation, standards, limitations, administrative codes, compatibility, lighting, noise, etc. Planning and Growth Management Director Courtney Barker advised staff would review the ordinance and bring back the necessary changes including Council s discussion at the next regular meeting scheduled for July 8 22, (Correction made by Member Tulley at the July 22, 2008 meeting.) Motion: Vice-Mayor Secor moved to table Ordinance No to the regular City Council meeting on July 8, Member Eigenmann seconded the motion and it carried unanimously. Staff will review the ordinance and bring back to Council with corrections and clarifications, as discussed. 4

5 Mayor Swank read quasi-judicial speaking procedures. Rezoning No City Attorney Severs read Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO AND ORDINANCE NO BY AMENDING THE CONDITIONS OF ANNEXATION AND REZONING IMPOSED ON CERTAIN PROPERTY LOCATED SOUTH OF STATE ROAD 405 AND WEST OF STATE ROAD 407; AND PROVIDING FOR AN EFFECTIVE DATE the second time by title only. City Manager Ryan reviewed the request as outlined in the staff report. Planning and Growth Management Director Courtney Barker advised that the applicant agreed to an additional 50-foot building setback. Mayor Swank opened the public hearing. John Evans, representing the applicant, commented on the staff report, previous approvals, site development problems, scrub jay report, elevations, wetlands, codes, etc. He stated that the applicant intended on allowing the woods to serve as an additional buffer and that no building would be closer than 125 feet to any resident s property line. He distributed a new site plan to Council to be considered with the approval. Curtis Leady was present and stated he was in support of the project. The following citizens expressed concern of the approval for Rezoning No and related Ordinance No : Sandra Cerrato, Michael Lombardo, Paul Grenier, Glenn Phillips, Sharon Lombardo, Carla Grenier, and Sandy Evans. Their concerns consisted of the location of the wall that would allow for a buffer, compatibility, scrub jays, building heights, lighting, turtles, and other wildlife. John Evans reviewed the request and asked for Council s approval. He commented on the buffer, wildlife, and wetlands. Council discussed the previous development in this area, quality of life, wildlife, property owner s rights, and building heights. It was clarified that that the applicant was not willing to limit the height on the development at this time. Curtis Leady stated that he was the founder of the property and that there was currently no intention to develop a high-rise building. As no one else wished to speak, Mayor Swank closed the public hearing. 5

6 Motion Vice-Mayor Secor moved to approve Rezoning No and related Ordinance No with the following conditions: (1) A concept plan must be submitted for review by the Planning and Zoning Commission and approved by City Council prior to submittal for site plan and engineering review; (2) An environmental assessment report of the site needs to be submitted at the time of concept plan submittal; (3) Where the property abuts a residential lot, a minimum of 75 foot landscape buffer shall be established, leaving existing foliage undisturbed where possible. Vegetation may be removed if required by City imposed grade change and the buffer shall be replanted to provide for an opaque vegetative buffer for all residential lots abutting the subject property; (4) The applicant agrees to provide a masonry or other material (as approved by Council) wall to fulfill the screening requirements; (5) Architectural Control: Development must submit for Planning Department approval, an architectural theme for commercial site (style, materials, height and color). No metal buildings shall be allowed; and (6) Applicant agreed to an additional 50 foot building setback on south property line. Member Johnson seconded the motion and the roll call was: Vice-Mayor Secor Mayor Swank Member Eigenmann Member Johnson Member Tulley The motion carried unanimously. Small Scale Amendment No City Attorney Severs read 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 AT 1111 NORWOOD AVENUE FROM ITS PRESENT DOWNTOWN MIXED USED TO INDUSTRIAL LAND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE and Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING PROPERTY LOCATED AT 1111 NORWOOD AVENUE FROM ITS PRESENT LIGHT INDUSTRIAL (M1) TO INDUSTRIAL (M2) ZONING; AND PROVIDING FOR AN EFFECTIVE DATE the second time by title only. City Manager Ryan highlighted the request. He advised that the applicant would like to have a plastic manufacturing business located in the building. Planning and Growth Management Director Courtney Barker reviewed the conditions as outlined in the staff report. Bob Kirk offered to answer any questions. He commented on the empty building and the proposed zoning request. 6

7 Member Eigenmann expressed concern of the maintenance for the installation of the fence. The installation of the fence was a condition in the staff report. Discussion ensued. Member Eigenmann moved to approve Small Scale Amendment No and related Ordinance Nos and with the following conditions: (1) A wall or wooden fence be placed around the perimeter of the property with landscaping outside the wall or fence along the perimeter of the property abutting right-of-ways. Landscaping outside of the perimeter fence shall be a combination of plants and shrubs; and (2) the portion of property severed by the old railways tract, not be changed to Industrial Land Use. Member Johnson seconded the motion. Member Tulley clarified whether rezoning property to Industrial (M2) would allow development that may not be appropriate for the area and whether the zoning could remain as Light Industrial (M1). Planning and Growth Management Director Courtney Barker clarified that Light Industrial (M1) did not allow the applicant to develop the property, as requested. Discussion ensued regarding recycling facilities. Member Tulley requested that recycling facilities not be allowed as a use. Member Eigenmann accepted the amendment and the second held. Motion: The motion was to approve Small Scale Amendment No and related Ordinance Nos and with the following conditions: (1) A wall or wooden fence be placed around the perimeter of the property with landscaping outside the wall or fence along the perimeter of the property abutting right-of-ways. Landscaping outside of the perimeter fence shall be a combination of plants and shrubs; (2) The portion of property severed by the old railways tract, not be changed to Industrial Land Use; and (3) No recycling facilities shall be allowed. 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 ordinance by title only. Rezoning No Ordinance No , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING PROPERTY LOCATED AT 561 N. WASHINGTON AVENUE FROM ITS PRESENT MULTI-FAMILY HIGH DENSITY RESIDENTIAL (R3) TO COMMUNITY COMMERCIAL (CC) ZONING CLASSIFICATION, AND PROVIDING FOR AN EFFECTIVE DATE the first time by title only. 7

8 New Business Council agreed to hear Consent Agenda Item A McGaldrey & Pullen Revised Contract at this point under New Business. This item was moved from Consent Agenda to New Business. Vice-Mayor Secor discussed local advantage, bidding process, etc. Motion: Member Johnson moved to approve Amendment 1 to the McGladrey and Pullen, LLP external audit contract and additional audit services fee in the amount of $32,500 for the FY 07 financial audit. Member Tulley seconded the motion. Member Eigenmann asked whether the representatives that were present would like to speak. Representative Kathy Thomas stated that they enjoyed their relationship with the City. The motion carried unanimously. The next item under new business was an amendment to the Council Chamber Guidelines. City Attorney Severs advised that Council authorized him to draft an amendment to the Council Chamber Guidelines to consider the designation of a campaign free zone for persons addressing City Council. He distributed revised language to be considered for approval. He presented the following language to be added as number 11 and number 12 to the guidelines: (11) The City designates the areas where persons address the City Council as a campaign free zone in the conduct of orderly and efficient meetings before the City Council. Persons addressing the City Council shall not wear or display campaign buttons, literature, or clothing supporting a candidate for public office. Persons shall not utilize their appearance before the City Council as an opportunity to advocate a particular campaign or person running for public office. The City recognizes that there are other public forums available to discuss these issues or topics. (Cleveland v. City of Cocoa Beach, 221 Fed Appx 875, (C.A. 11 Fla. 2007) and (12) Florida Statutes (4) (2007) expressly prohibits any person soliciting or accepting political contributions in a government building. Council expressed concern of political signs being held in the back of the chamber during a public meeting. Council directed City Attorney Severs to prepare additional language to allow a campaign free zone in the Council Chamber to address this issue. City Attorney Severs recommended posting a sign at the entrance of City Hall. Petitions and Requests from the Public Present (Open Forum) None Mayor and Council Reports- Mayor Swank submitted his written report. 8

9 Member Tulley advised he attended the grand opening of the Senior Living Facility located on Park Avenue. Member Tulley commented on the proposed Lupe Loop Trail. (Correction made by Member Tulley at the July 22, 2008 meeting.) City Manager s Report City Manager Ryan submitted his written report. City Manager Ryan requested authorization to allow Congressman Tom Feeney and Kennedy Space Center Director William Parsons use of the City Council Chamber on Wednesday, August 13, 2008 at 5:30 p.m. to hold a forum on the Future of the Space Program. Motion: Member Eigenmann moved to allow Congressman Tom Feeney and Kennedy Space Center Director William Parsons use of the City Council Chamber on Wednesday, August 13, 2008 at 5:30 p.m. Member Tulley seconded the motion. Discussion ensued whether the discussion would be televised. Council concurred the forum could be televised in an effort to provide the information to the public. The motion carried unanimously. City Manager Ryan advised that a request was made by the Community Service Award Committee for the recipients of the 2008 Community Service Award be recognized at a future City Council meeting. Motion: Member Eigenmann moved to authorize the request by the Community Service Award Committee for recipients of the 2008 Community Service Award be recognized at a future City Council meeting. Member Tulley seconded the motion and it carried unanimously. Council also requested the chairman of the committee be present during the recognition. City Attorney s Report City Attorney advised that an executive session may be needed in order to discuss pending litigation involving the Area IV Wellfield, Miami Corporation. Council authorized an executive session to be held on Tuesday, July 22, 2008 at 5:30 p.m. to discuss the pending litigation involving the Area IV Wellfield, Miami Corporation. City Attorney advised that he would cancel the meeting, if he determined it was not needed. 9

10 City Attorney Severs cautioned the approval of the Tiki Hut located at the pier as it related to alcohol consumption. Council discussed the permitting issues related to serving alcohol beverages. It was clarified that the Code Enforcement Department would handle any permitting issues. With there being no further business, the meeting adjourned at 10:30 p.m. ATTEST: Wanda F. Wells, City Clerk Ronald G. Swank, Mayor 10