City Council Regular Meeting October 24, 2017

Transcription

1 City Council Regular Meeting October 24, 2017 The City Council of the City of Titusville, Florida met in regular session in the Council Chamber of City Hall, 555 South Washington Avenue, on Tuesday, October 24, Mayor Walt Johnson called the meeting to order at 6:30 p.m. Present were Mayor Johnson, Vice- Mayor Matthew Barringer, and Members Daniel Diesel, Jo Lynn Nelson, and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Assistant City Clerk Jolynn Donhoff completed the minutes. Reverend AJ Davis of St. James AME Church gave the invocation. Mayor Johnson led those present in the Pledge of Allegiance to the Flag. City Clerk Wells read the procedure for public comments and participation. APPROVAL OF MINUTES Member Nelson moved to approve the minutes for the special City Council meeting on August 16, 2017, as submitted. Vice-Mayor Barringer seconded the motion and it carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS None. BOARDS AND COMMISSIONS Municipal Code Enforcement Board The request was to appoint three regular members to the Municipal Code Enforcement Board for three year terms to expire on October 31, The terms of regular members Patricia Bell (Open Classification), Dr. Gina Beckles (Open Classification), Mike Cunningham (General Contractor), and alternate member (Saundra Ozan (Realtor) expired on October 31, Regular members Patricia Bell (Open Classification) and Dr. Gina Beckles (Open Classification) had requested reappointment to the board for three-year terms that would expire on October 31, Page 1 of 15

2 It was noted that Regular Member Mike Cunningham (General Contractor) did not wish to be considered for reappointment at this time; therefore, Alternate Member Saundra Ozan (Realtor) had requested appointment as a regular member for a three-year term to expire on October 31, If she was not appointed as a regular member, she desired continuing to serve as an alternate member. Member Nelson moved to direct staff to prepare a letter to Chairman Mike Cunningham with the Mayor s signature, since he did not wish to be reappointed to the board, and had served for many years. Vice-Mayor Barringer seconded the motion and it carried unanimously. Vice-Mayor Barringer moved to reappoint Regular Members Patricia Bell (Open Classification) and Dr. Gina Beckles (Open Classification) to the Municipal Code Enforcement Board for threeyear terms to expire on October 31, The motion included appointing Alternate Member Saundra Ozan (Realtor) as a regular member to the Municipal Code Enforcement Board for a threeyear term to expire on October 31, Member Stoeckel seconded the motion and it carried unanimously. Historic Preservation Board The request was to appoint four regular members and one alternate member to the Historic Preservation Board for terms to expire on October 31, The terms of Regular Members Joseph Adams (Historian-work experience only) Resident, Rosalie (Roz) Foster (Brevard County Historic Preservation Committee) Non-resident, William (Matt) Gaejens (Non-Licensed Engineer) Non-resident, Allen Kiesel (Licensed Architect) Non-resident, and Alternate Member Lindsey Bamberg (Other) Resident would expire on October 31, Regular Members Rosalie (Roz) Foster, William (Matt) Gaejens, Allen Kiesel, and Alternate Member Lindsey Bamberg requested continuing to serve on this board as regular members for two-year terms that would expire on October 31, Since the time of the Council agenda being published, staff had confirmed that Regular Member Joseph Adams also desired continuing to serve on the board. There were no other applications on file for Council s consideration. Member Diesel moved to reappoint Regular Members Joseph Adams (Historian-work experience only) Resident, Rosalie (Roz) Foster (Brevard County Historic Preservation Committee) Nonresident, William (Matt) Gaejens (Non-License Engineer) Non-resident, Allen Kiesel (Licensed Architect) Non-resident, and Alternate Member Lindsey Bamberg (Other) Resident, to the Historic Preservation Board for two-year terms to expire on October 31, Member Nelson seconded the motion and it carried unanimously. Planning and Zoning Commission The request was to appoint one alternate member to the Planning and Zoning Commission to an unexpired term that will expire on January 31, Page 2 of 15

3 Currently there was one vacancy for an alternate member with a term to expire on January 31, There was also one application on file for consideration from Ms. Suzanne Noel-Copeland, who desired serving on this commission as an alternate member. Member Nelson moved to appointed Suzanne Noel-Copeland as an alternate member to the Planning and Zoning Commission for an unexpired term to expire on January 31, Member Diesel seconded the motion and it carried unanimously. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) Danny Treder requested a two-year extension on his Conditional Use Permit at 3105 S. Washington Avenue, Titusville, Florida, which would expire in April of He also reviewed the work that he planned for the subject property. Mayor Johnson advised that this item would have to be included on a future agenda. CONSENT AGENDA Council requested hearing Consent Agenda Item 8C and 8G immediately following the remainder of the Consent Agenda items. Member Nelson moved to approve Consent Agenda Items A, B, D, E, F, H, I, J, and K upon reading. Member Diesel seconded the motion. City Manager Larese read Consent Agenda Items A, B, D, E, F, H, I, J and K, as followed: A. Acceptance of Award - FY18 Victim of Crime Act (VOCA) Grant - Accept award in the amount of $49, to fund the FY18 Victim/Family Advocate position and approve the budget amendment upon receipt of funds. B. Hopkins Avenue Inspection Services - Consultant Selection - Approve the final ranking of consultants for the Hopkins Avenue Inspection Services and authorize staff to conduct contract negotiation with the top ranked firm, DRMP of Orlando, FL the number one ranked firm, and if the City is unable to negotiate a satisfactory contract with DRMP, terminate negotiations with said firm and undertake negotiations with the second ranked firm. Page 3 of 15

4 D. Advisability Regarding Amending the Code of Ordinances Chapter 18 - Swimming Pools - Approve advisability to delete the Code of Ordinances Chapter 18 - Swimming Pools because the code is outdated and duplicative. E. Advisability to Amend the Downtown Mixed Use (DMU) Zoning District and Future Land Use Element to Permit Greater Density in the Downtown DMU Sub-District - Approve advisability to amend the Land Development Regulations and Future Land Use Element to permit greater residential density in the DMU Downtown sub-district. F. Appropriate Forfeiture Funds - Appropriate and approve the use of $10,000 in Forfeiture Funds for repairs and maintenance of forfeiture vehicles; appropriate and approve the use of $4,000 in Forfeiture Funds to purchase crime prevention materials to promote various services the police department supports; and approve attached budget amendment. H. Award Contract - Marina Dock Repairs - Approve attached budget amendment and the award of contract to Underwater Engineering Services of Fort Pierce, Florida in the amount of $100,664 for replacement of damaged piles and deck repairs associated with Hurricane Matthew, and authorize the City Manager to execute the contract. I. Award of Contract for Riverside Drive Force Main Stabilization Project - Approve award of a contract for Bid No. 18-B-003 to SDV Services LLC of Titusville, FL for the Riverside Drive Force Main Stabilization Project in the amount of $113,566, authorize the City Manager to execute the contract and approve the associated budget amendment. J. Award of Contract to Dispose Biosolids - Approve award to T. Wayne Hill Trucking, Inc. to haul and dispose of liquid biosolids with an elevated copper content in the amount of $80,000. Authorize the City Manager to issue the necessary purchase order for this service. K. Continuing Consultant Ranking For RFQ #17-Q-30 Code 101 Water Resources - Approve the Selection Committee final ranking of Engineering Consultants For Continuing Contracts RFQ #17-Q30 Code 101 Water Resources Services, and authorize staff to conduct contract negotiations to establish four Continuing Consultant Contracts with the four top selected firms. The motion carried unanimously. Consent Agenda Item C C Medicare Medical and Pharmacy Plan Options for City Retirees City Manager Larese read the request provided in the Council agenda packet. The request was to approve the 2018 Cigna Medicare Supplement and Medicare Part D Prescription Drug Plan renewal for City retirees eligible for Medicare with no rate increase to the current 2017 rates; and approve the 2018 Aetna Medicare Advantage Plan renewal at the rates provided in the agenda. A maximum 19% rate increase would apply if the Health Insurance Fee (HIF) as Page 4 of 15

5 prescribed under the Affordable Care Act was reinstated for If the fee is not reinstated for 2018 there will be a 6% rate increase. Per Vice-Mayor Barringer s request, Human Resources Director Joe Denaro reviewed information pertaining to pharmacy costs, etc. Vice-Mayor Barringer moved to approve the 2018 Cigna Medicare Supplement and Medicare Part D Prescription Drug Plan renewal for City retirees eligible for Medicare with no rate increase to the current 2017 rates; and approve the 2018 Aetna Medicare Advantage Plan renewal, as recommended. Member Stoeckel seconded the motion and it carried unanimously. Consent Agenda Item G G. Youth Engagement Program Funding Criteria FY 2018/ City Manager Larese read the request provided in the Council agenda packet. The request was to approve the criteria for youth engagement programs for Fiscal Year 2018/2019 in conjunction with the CDBG grant Request for Proposal process, Mayor Johnson commented on his interest in having athletics incorporated into future program activities due to of the discipline, hard work, and teamwork that athletics could provide to youth. He also commented on the importance of the program having a positive effect on youth. Member Diesel did not want to exclude other academic subjects and tutoring opportunities outside of science, technology, engineering, and math (STEM) training. It was about making children better citizens and other subjects could be important to incorporate into tutoring. Member Stoeckel confirmed the Council could later edit and make changes to the programs based on needs or effectiveness. Member Nelson felt athletics were not as advantageous to an individual s future career whereas academic training would provide a greater benefit. Member Nelson also desired employees or volunteers associated with the program to have background checks (to confirm criminal history, etc.). Vice-Mayor Barringer suggested partnering with Brevard County Parks and Recreation on completing background checks. Second, he was interested in measuring students progress who entered and worked through youth engagement programs. Member Diesel commented on how mentors involved in athletics and strict program participation requirements could have a substantial effect on youth and preparing them for their futures. Athletics could facilitate success, discipline, and ethics. He also supported programs that allowed students to complete their homework at the program sites. Page 5 of 15

6 Council discussion ensued with Community Development Director Busacca on three Community Development Block Grant (CDBG) objectives and amending the youth engagement program criteria based on Council s comments. City Attorney Broome commented on the importance of Council identifying the public purpose and expectations on how the City would achieve the purpose. Vice-Mayor Barringer moved to approve the Youth Engagement Program Funding Criteria Fiscal Year 2018/2019, as modified to include the following criteria: Mentoring and/or Counseling Programs addressing productive, caring, and responsible citizens; Before and After-School tutoring programs which meet one of the following criteria: Incorporating aspects of either science, technology, engineering, and/or math Minimum one hour; and Drug and Crime prevention programs. Member Diesel seconded the motion. Member Stoeckel requested clarification whether Vice-Mayor Barringer intended the motion to include requiring an employee or volunteer to have a background check. Vice-Mayor Barringer agreed to amend the motion on the floor to require and request that any person(s) working with the youth be required to pass a background check. Member Diesel s second held. The motion carried unanimously. ORDINANCES SECOND READING, PUBLIC HEARING AND RELATED ACTION Ordinance No Related to Food Service Establishments in Industrial Zoning Districts This item was tabled at the prior regular City Council meeting on October 10, City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATED TO CATERERS AND RESTAURANTS BY AMENDING THE LIMITED USES IN THE LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1), INDUSTRIAL (M-2) AND PLANNED INDUSTRIAL DEVELOPMENT (PID) ZONING DISTRICTS; BY AMENDING SECTION RESTAURANTS ; AND AMENDING SECTION 37-1 DEFINITIONS TO ADD CATERER AND TAKE-OUT RESTAURANT; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the second time by title only. City Manager Larese highlighted the request provided in the Council agenda packet. He advised the Planning and Zoning Commission recommended approval, 4-0 with the request that Council consider directing staff to prepare a new ordinance making catering in the PID zoning a conditional use. Mayor Johnson opened the public hearing. Page 6 of 15

7 Gary Boyer thanked Council for considering the proposed ordinance. As there was no one else that wished to speak, Mayor Johnson closed the public hearing. Vice-Mayor Barringer moved to approved Ordinance No , as recommended and directed staff to prepare a new ordinance making catering in the PID zoning a conditional use. Member Diesel seconded the motion and the roll call was: Member Diesel Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously. Ordinance No Glitch Ordinance This item was tabled at the prior regular City Council meeting on October 10, City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES AND LAND DEVELOPMENT REGULATIONS, SETTING FORTH AUTHORITY, AND PURPOSE AND INTENT; AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATION, SPECIFICALLY AMENDING SECTION 6.61 RELATING TO SITE/PLOT PLANS TO ACCOMPANY PERMIT APPLICATIONS; AMENDING CHAPTER 27 GENERAL PROVISIONS, SPECIFICALLY AMENDING SECTIONS THROUGH RELATING TO GENERAL PROVISIONS; AMENDING CHAPTER 28 ZONING, SPECIFICALLY AMENDING SECTION RELATING TO INDIAN RIVER CITY NEIGHBORHOOD ZONING; DELETING SECTION RELATED TO SALE OF LAND OR BUILDINGS, AMENDING SECTIONS RELATING TO ALLOWABLE USE TABLE, RELATING TO MULTIFAMILY DWELLINGS, (C) RELATING TO BED AND BREAKFAST INNS, RELATING TO CONVENIENCE STORES (WITHOUT GASOLINE SALES), RELATING TO GRAPHIC PRINTING AND COPYING SERVICES, RELATING TO OUTDOOR STORAGE, (C) RELATING TO RESTAURANTS, (A) RELATING TO CHURCHES, (C)(4) RELATING TO COMMUNITY GARDENS, RELATING TO THE ACCESSORY USE TABLE, (A) RELATING TO ATTACHED SCREEN PORCHES, (C) RELATING TO DETACHED ACCESSORY STRUCTURES, RELATING TO OUTDOOR AREAS OF SEATING, DELETING SECTION , RELATING TO OUTDOOR AREAS OF SEATING WITH ENTERTAINMENT, AMENDING SECTIONS (B) RELATING TO OUTDOOR DISPLAY OF MERCHANDISE; AND (C) RELATING TO OUTDOOR STORAGE AS AN ACCESSORY USE; AMENDING CHAPTER 30 DEVELOPMENT STANDARDS, Page 7 of 15

8 SPECIFICALLY AMENDING SECTION (A) RELATING TO LANDSCAPE YARDS; AMENDING CHAPTER 32 SIGNS, SPECIFICALLY AMENDING SECTIONS RELATING TO HANDBILLS, PERMITS AND POSTING, AND DELETING RELATING TO COMMERCIAL ACCESSORY STRUCTURES AND USES; AMENDING CHAPTER 33 DEVELOPMENT OPTIONS, SPECIFICALLY AMENDING SECTION (B) RELATING TO AMENDING MASTER DEVELOPMENT PLAN IN THE REGIONAL MIXED USE ZONING DISTRICT, AND RELATING TO DESIGN REVIEW CRITERIA IN THE URBAN VILLAGE; AMENDING CHAPTER 34 PROCEDURES, SPECIFICALLY DELETING SECTION FINAL PLAT REQUIRED, AMENDING SECTIONS RECORDING AND SECTION RECORDING OF FINAL PLAT REGARDING PLAT RECORDATION; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; INCORPORATION INTO THE CODE; AND AN EFFECTIVE DATE, for the second time by title only. City Manager Larese highlighted the request provided in the Council agenda packet. The Planning and Zoning Commission recommended approval, 4-0. Mayor Johnson opened the public hearing. As there was no one that wished to speak, Mayor Johnson closed the public hearing. Member Nelson moved to approve Ordinance No , as recommended. Member Stoeckel seconded the motion and the roll call was: Member Nelson Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel The motion carried unanimously. Development Agreement No and Master Plan for Antiqua Bay This item was tabled at the prior regular City Council meeting on October 10, City Manager Larese highlighted the request and report provided in the Council agenda packet. The request was to approve Development Agreement No and the Master Plan for Antigua Bay. On October 4, 2017, the Planning and Zoning Commission recommended approval (5-0) as presented by the staff and the applicant, and with no additional development other than a possible fire station in the RMU-100 sub-district, specifically Parcels 11A or 11B. Community Development Director Busacca reviewed page 336 of the Council agenda packet and the highlighted modifications or comparisons between the proposed development agreement on October 10, 2017 versus October 24, The changes dealt with items such as timing of park Page 8 of 15

9 improvements, occupancy of parcel 5, certificates of occupancy, posting of performance bonds consistent with City codes, boardwalk installation, other agencies having regulatory requirements and meeting these requirements, walking trails and performance bonds consistent with City codes, access from parcel nos. 3, 4, and 9, 12, and 13 and 50% occupancy for parcel no. 5, a sidewalk being located outside of the buffer, etc. Mayor Johnson opened the public hearing. Heather Ramos of the firm Gray Robinson, on behalf of the development agreement, was available to answer any questions or offer rebuttal to any comments. Jake Wise, John Evans, and Gary Allen submitted public speaking cards, but each declined to speak. As there was no one else that wished to speak, Mayor Johnson closed the public hearing. City Attorney Broome advised that Council had the opportunity over the past two weeks to meet individually with the developer to address any questions. Member Diesel moved to approve Development Agreement No and the Master Plan for Antiqua Bay, as recommended. Member Stoeckel seconded the motion and it carried unanimously. Ordinance No Creating a Trail Town Urban Mixed Use (UMU) Zoning Changes City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS RELATING TO THE URBAN MIXED USE (UMU) ZONING DISTRICT, BY AMENDING CHAPTER 28 ZONING, SPECIFICALLY AMENDING SECTION USE TABLE, SECTION LIVE-WORK UNIT, SECTION ADVERTISING AGENCY, SECTION ARTS, CRAFTS AND HOBBY SHOP, SECTION ART STUDIO, SECTION BAKERY, RETAIL, SECTION BARBER/BEAUTY SHOP/SALON, SECTION BED AND BREAKFAST INNS, CREATING SECTION BICYCLE SALES/SERVICE, AMENDING SECTION CERAMIC SHOP, SECTION CLOTHING AND SHOE STORES, SECTION CONVENIENCE STORE (WITHOUT RETAIL GASOLINE SALES), SECTION DELICATESSENS SECTION DRINKING ESTABLISHMENTS (BAR,TAVERN,LOUNGE) ; SECTION FITNESS CENTER, SECTION FLORIST, SECTION GIFT SHOPS, SECTION ICE CREAM PARLOR, SECTION INSURANCE OFFICE, SECTION JEWELERS, SECTION LEGAL OFFICE, SECTION PHOTOGRAPHIC SHOPS, SECTION PRINTING AND COPYING STORES, SECTION PROFESSIONAL OFFICES, SECTION RESTAURANTS, SECTION SCREEN PRINTING SHOPS, SECTION SPA, SECTION TAILOR SERVICES, SECTION TRAVEL AGENCIES, SECTION VIDEOGAME ARCADES, SECTION GOVERNMENT Page 9 of 15

10 FACILITIES, SECTION URBAN MIXED USE (UMU) ; TO AMEND ALLOWABLE USES AND CONDITIONS OF USES WITHIN THE URBAN MIXED USE (UMU) ZONING DISTRICT; AMENDING CHAPTER 30 DEVELOPMENT STANDARDS, SPECIFICALLY CREATING SECTION ON-STREET PARKING CREDIT ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. City Manager Larese highlighted the request provided in the Council agenda packet. The Planning and Zoning Commission would consider Ordinance No on November 8, This was the first reading and the first public hearing. The second and final public hearing was scheduled for the regular City Council meeting on November 14, Mayor Johnson opened the public hearing. As there was no one that wished to speak, Mayor Johnson closed the public hearing. City Attorney Broome read the quasi-judicial rules of procedure. Small Scale Amendment (SSA) No This item was tabled at the prior regular City Council meeting on October 10, City Attorney Broome read the following ordinances for the second time, by title only. 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 OF TITUSVILLE, BY CHANGING THE LAND USE DESIGNATION ON A PORTION OF A PARCEL LOCATED ON THE SOUTH SIDE OF FOX LAKE ROAD APPROXIMATELY HALF A MILE WEST OF THE INTERSTATE 95 RIGHT OF WAY WITH AN ADDRESS OF 3815 FOX LAKE ROAD FROM THE CONSERVATION FUTURE LAND USE DESIGNATION TO THE RESIDENTIAL ONE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE; and Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT OPEN SPACE AND RECREATION (OR) ZONING TO GENERAL USE (GU) ZONING ON A PORTION OF A PARCEL LOCATED ON THE SOUTH SIDE OF FOX LAKE ROAD APPROXIMATELY HALF A MILE WEST OF THE INTERSTATE 95 RIGHT OF WAY WITH AN ADDRESS OF 3815 FOX LAKE ROAD; AND PROVIDING FOR AN EFFECTIVE DATE. City Manager Larese highlighted the request and report provided in the Council agenda packet. The request was to conduct the second reading and public hearing of Ordinances for SSA No Future Land Use Map amendment Ordinance and rezoning Ordinance. The Planning and Zoning, acting as the Local Planning Agency, had recommended approval, 4-0. Page 10 of 15

11 Community Development Director Busacca advised that on page 608 of the Council agenda packet provided history on the property s land use and zoning designation status. She continued and reviewed the staff report and analysis of the request. Mayor Johnson opened the public hearing. The applicant, Grady Strickland, declined to speak. As there was no one else that wished to speak, Mayor Johnson closed the public hearing. Member Nelson moved to approve Ordinance No , as recommended. Member Stoeckel seconded the motion and the roll call was: Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson The motion carried unanimously. Member Nelson moved to approve Ordinance No , as recommended. Member Stoeckel seconded the motion and the roll call was: Vice-Mayor Barringer Member Stoeckel Member Diesel Member Nelson Mayor Johnson The motion carried unanimously. ORDINANCES-FIRST READING Ordinance No Relating to High Security Fences - City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES RELATING TO FENCES; BY AMENDING CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS, SPECIFICALLY AMENDING SECTION 6-56 REQUIRED; INSPECTION, APPROVAL PRIOR TO USE OR OCCUPANCY RELATING TO PERMITS FOR FENCES; AMENDING CHAPTER 30 DEVELOPMENT STANDARDS RELATED TO FENCES IN NON-RESIDENTIAL DEVELOPMENT, Page 11 of 15

12 SPECIFICALLY AMENDING SECTION HEIGHT AND LOCATION REQUIREMENTS, AND SECTION INTERIOR HIGH SECURITY FENCES ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. City Manager Larese highlighted the request and report provided in the Council agenda packet. The public hearing was scheduled for the regular City Council meeting on November 14, Ordinance No Regarding Water Meter Charges - City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 21 UTILITIES, ARTICLE IV WATER AND SEWER RATES AND CHARGES AND BILLING PROCEDURE, SPECIFICALLY AMENDING SECTION (C) WATER METER CHARGES ; PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING ORDINANCES, AN EFFECTIVE DATE AND INCORPORATION INTO THE CODE, for the first time by title only. City Manager Larese highlighted the request and report provided in the Council agenda packet. The public hearing was scheduled for the regular City Council meeting on November 14, Rezoning (REZ) Application No City Attorney Broome read Ordinance No AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY REPLACING THE PRESENT RESIDENTIAL ESTATE (RE) ZONING TO PLANNED DEVELOPMENT (PD) ZONING A PORTION OF A PARCEL LOCATED ON THE NORTH SIDE OF FOX LAKE ROAD, EAST SIDE OF CARPENTER ROAD AND THE WEST SIDE OF INTERSTATE 95; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only. City Manager Larese highlighted the request and report provided in the Council agenda packet, as well as the Planning and Zoning Commission s recommendation to disapprove the request. Community Development Director Busacca reviewed the staff report and analysis. Member Nelson and staff discussed the rationale for the Planning and Zoning Commission s recommendation. Some individuals were concerned for the proposed lot sizes. Vice-Mayor Barringer and City Attorney Broome discussed the requirement for Council to make their decision based on competent substantial evidence at the hearing, application requests must be consistent with the comprehensive plan and rezoning criteria, the burden shifting to the Page 12 of 15

13 government based on when the Council s decisions might be questioned or legally opposed for quasi-judicial requests, etc. Three individuals submitted public speaking cards. The applicant, Jim Swann, read from a prepared statement that reviewed the details related to the proposed project. The site planner and land surveyor for the project, Loys Ward, distributed information to the Council, which he advised reviewed the impacts and improvements to the subject property. City Attorney Broome advised that any information distributed to the Council at this meeting would need to be provided at the public hearing, in order to be considered as evidence. Danielle Bowden, a real estate professional, distributed information to Council. She reviewed information related to sustainability, growth, demographics related to housing and consumerism, new home trends, aesthetics, market demands, natural lighting was a desirable feature amongst home buyers, impervious surfaces, etc. Member Nelson moved to give Ms. Bowden two additional minutes to speak. Member Stoeckel seconded the motion and it carried unanimously. Ms. Bowden continued and commented on home insulation and the developer s experience and accolades. The public hearing was scheduled for the regular City Council meeting on November 14, OLD BUSINESS None. NEW BUSINESS None. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) - None. Page 13 of 15

14 MAYOR AND COUNCIL REPORTS Mayor's Report - Mayor Johnson submitted his written report. CITY MANAGER S REPORT City Manager's Report - City Manager Larese submitted his written report. All items were informational only, as followed: Titusville Talking Points Updated Bus Shelter Construction Schedule Special City Council meeting and Retiree Healthcare Workshop on November 7, 2017 at 5:30 p.m. Special City Council meeting and Shoreline Restoration Workshop on December 5, 2017 at 5:30 p.m. CITY ATTORNEY S REPORT City Attorney s Report - City Attorney Broome submitted a memo written by Assistant City Attorney Chelsea Farrell that concerned water utility service. The memorandum Water Utility Service Policy; Estate Property reviewed the process on water utility service when the property owner had passed away (deceased). Member Nelson advised that she could speak to Joe Robinson of North Brevard Charities to see if he could provide assistance to individuals. She also commented on aid to locate an attorney, probate forms, etc. City Attorney Broome discussed the possibility of directing individuals to attorneys that could offer assistance, etc. Mayor Johnson asked if staff could make this information/forms available to individuals. Vice-Mayor Barringer desired being compassionate and exploring the policy language that would provide water to a residence versus a deceased person or account holder. Vice-Mayor Barringer commented on the importance of the School Resource Officer (SRO) program; the District One County Commission s achievements; staff s assistance with the Antigua Bay Development Agreement; juvenile crime; and the Police Department s Lock It or Lose It Program. Mayor Johnson advised that he attended a meeting with bicyclists on the East Coast Greenway. Page 14 of 15

15 Member Stoeckel commented on a recent meeting that she attended of the Economic Development Commission of Florida Space Coast. Member Nelson commented on a meeting that she attended that discussed the bike trail going through the Merritt Island National Wildlife Refuge and keeping bicyclists and others safe. City Manager Larese commented on the importance of the bike trail from the bridge going to the beach being constructed as soon as possible. Member Diesel commented on a recent meeting that he attended of the Brevard County Parks and Recreation meeting that included discussion on a proposed indoor sports arena. Mayor Johnson commented on his familiarity with the proposed sports facility or association. With no further business to discuss, the meeting adjourned at 8:31 p.m. ATTEST: Walt Johnson, Mayor Wanda F. Wells, City Clerk Page 15 of 15