City Council Regular Meeting October 9, 2018

Transcription

1 City Council Regular Meeting October 9, 2018 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, October 9, Mayor Walt Johnson called the meeting to order at 6:30 p.m. Present were Mayor Walt Johnson, Vice-Mayor Matthew Barringer, and Members Dan Diesel and Sarah Stoeckel. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Sr. Administrative Assistant Debbie Denman completed the minutes. Member Jo Lynn Nelson was absent. Pastor Roger Hackenberg of Hope Community Fellowship was unavailable to give the invocation; therefore, Pastor Dori Valley of Hope Community Fellowship gave the invocation. Mayor Johnson then led those present in the Pledge of Allegiance to the Flag. MINUTES Member Diesel moved to approve the minutes of the special City Council meeting on September 4, 2018, as submitted. Vice-Mayor Barringer seconded the motion. The motion carried unanimously. SPECIAL RECOGNITIONS & PRESENTATIONS North Brevard Parks and Recreation Annual Report City Manager Larese advised that there was a scheduling conflict with the presenter of this item and asked that it be tabled to the regular City Council meeting on October 23, Vice-Mayor Barringer moved to table the North Brevard Parks and Recreation Annual Report to the regular City Council meeting on October 23, 2018, as requested. Member Stoeckel seconded the motion. The motion carried unanimously. Page 1 of 14

2 FDOT SR 406/Garden Street and US-1 Corridor Studies Presentation City Manager Larese advised that the Project Manager for the Florida Department of Transportation District-5 Judy Pizzo would present the most recent Concept Development studies and final alternatives for the State Road 406 (Garden St) and US-1 Corridor Studies. After completing the initial Corridor Planning Studies in 2016, the Florida Department of Transportation (FDOT) moved into more detailed Concept Development studies for the US 1 (from Laurel Place to Indian River Avenue) and S.R. 406 (from South Lake Elementary School to Indian River Avenue) corridors. Those studies produced proposed concepts for the corridor. FDOT recently presented those alternatives in a public meeting on September 20, 2018 and would give the City Council a brief update on the progress of the projects. Project Manager for Florida Department of Transportation District-5 Judy Pizzo and PE Consultant Team Project Manager Kevin Freeman, provided a Concept Development & Evaluation Project Update with a powerpoint presentation that included: Regional Context, Project Background, Original Planning Studies Alternatives, Proposed Alternative Not Moving Forward, Future Conditions: No Build, Median Improvements and Addition of Bike Lanes, Lane Modification, Roundabout: S.R. 406 at Singleton Avenue, Roundabout: S.R. 406 at U.S. 1, Final Recommendations, Stakeholder & Local Outreach, Nest Steps, and Questions or Comments. Member Diesel moved to accept the FDOT SR 406/Garden Street and US-1 Corridor Studies presentation, as recommended. Member Stoeckel seconded the motion. The motion carried unanimously. BOARDS AND COMMISSIONS Titusville Housing Authority City Manager Larese advised that the request was to accept the Titusville Housing Authority's Semi-Annual Report as written. Member Diesel moved to accept the Titusville Housing Authority's Semi-Annual Report, as written. Member Stoeckel seconded the motion. The motion carried unanimously. Leave of Absence for Planning and Zoning Commission Chair City Manager Larese advised that the Planning and Zoning Commission Chair Shawn Williams requested Council approve a leave of absence from October 17, 2018 to November 30, 2018 due to upcoming work related travel. A copy of Chairman Williams' written request was included in the agenda package. Page 2 of 14

3 Member Diesel moved to approve the leave of absence request for Planning and Zoning Commission Chair Shawn Williams, from October 17, 2018 to November 30, 2018, as requested. Member Stoeckel seconded the motion. The motion carried unanimously. North Brevard Commission on Parks and Recreation City Manager Larese advised that Council had been provided a revised semi-annual report from the North Brevard Commission on Parks and Recreation that was received after the agenda was published. The request was to accept the North Brevard Commission on Parks and Recreation Semi-Annual Report, as written. Member Diesel moved to accept the revised North Brevard Commission on Parks and Recreation s Semi-Annual Report, as written. Member Stoeckel seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) Douglas Sears Connift Jr. commented on an addition to a bullying and violence packet and continued to speak on the installation of sea walls and oyster restoration mats. CONSENT AGENDA City Manager Larese advised that Council was provided a hardcopy of a letter for Item 8C - Hurricane Irma Signature Authorization that was inadvertently omitted from the agenda package. Consent Agenda was read as followed by City Manager Larese. A. Enterprise Leasing Company of Orlando Preferred Rate Agreement - Subject to the resolution of the rental agreement terms by the City Attorney and the City Manager, approve the FY19 (October 1, 2018-September 30, 2019), Preferred Rate Agreement from Enterprise Leasing Company of Orlando at a monthly rate of $670 per vehicle for the Titusville Police Departments operations, not to exceed $24,120 for FY19. B. Award of Contract - South St. Basin Baffle Boxes - Approve the award of contract to Gregori Construction, Inc. of Titusville, Florida in the amount of $622,745 for the construction of the South Street Basin Baffle Boxes and authorize the Mayor to execute the contract. C. Hurricane Irma Signature Authorization - Authorize staff to sign FEMA and State related Hurricane Irma documentation for reimbursement. Page 3 of 14

4 D. Award Work Order ECTSW008 for Design of the Eads Court and Satterfield Road Stormwater Retrofit project - Approve the award of Work Order ECTSW008 to Environmental Consulting & Technology, Inc. (ECT, Inc.) to perform and provide Eads Court and Satterfield Road Stormwater Retrofit Design Services in the amount of $62,790, and authorize the Mayor to execute said Work Order. E. Advisability to Amend Procedures Technical Manual to Include Citizen Participation Plan Requirements - Approve advisability to amend the Procedures Technical Manual to include a required Citizen Participation Plan for developments requiring a master plan approval. F. Change Order #1 to Contract #CN18B40 with SDV Services, LLC for sewer repair work and replacement of Manhole MH#44-1 at Narvaez Drive and S. Washington Ave/Hwy US 1 - Approve the award of Work Order ECTSW008 to Environmental Consulting & Technology, Inc. (ECT, Inc.) to perform and provide Eads Court and Satterfield Road Stormwater Retrofit Design Services in the amount of $62,790, and authorize the Mayor to execute said Work Order. G. Strategic Alliance Memorandum with the United States Small Business Administration - Approve the Strategic Alliance Memorandum with the United States Small Business Administration and authorize the Mayor to execute the agreement. H. First Amendment to the Interlocal Agreement between Space Florida and the City for Site and Building Plan Review, Permitting and Inspection Services - Approve First Amendment to the Interlocal Agreement Between Space Florida and the City providing for site and building plan review, permitting and inspection services portions of the Spaceport Territory within Brevard County. Authorize the Mayor to execute the agreement upon approval by the City Attorney. I. Change Order - Floating Plant Mat System - Approve change order #1 to Beemats, LLC of New Smyrna Beach, Florida in the amount of $23,849 for additional planting and maintenance of floating wetland islands at the Senior Center and authorize the City Manager to execute the change order. J Medicare Medical and Pharmacy Plan Options for City Retirees - Approve the 2019 Cigna Medicare Supplement and Medicare Part D Prescription Drug Plan renewal for City retirees eligible for Medicare with no premium change to the current 2018 rates and no plan design changes and approve the 2019 Aetna Medicare Advantage Plan renewal at a rate decrease of approximately (-$21) per member per month and no plan design changes. K. Purchase of Stormwater Gradall - Approve purchase of a new Gradall Hydraulic Excavator Model XL4100 in the amount of $434,608 from Great Southern Equipment Company of Orlando to replace an existing Gradall as approved in the FY19 budget. L. Sole Source Vehicle Retrofit - Cues Closed Circuit TV (CCTV) Van - Approve attached budget amendment, establishing the necessary funding, and the sole source purchase to Page 4 of 14

5 retrofit of the Stormwater CCTV Van from Cues Inc. of Orlando, Florida in the amount of $59,935; additionally authorize the City Manager to put in place the instruments necessary for this purchase. M. Purchase of Fire Department Staff Vehicle - Authorize purchase of a 2019 Chevrolet Traverse vehicle with all associated emergency lighting and siren equipment from Alan Jay Fleet Sales in the amount of $33,768. Member Diesel moved to approve Consent Agenda Items A through M in accordance with recommendations. Member Stoeckel seconded the motion. The roll call was: Member Diesel Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Ordinance No Relating to Temporary Signs City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 32 SIGNS TO AMEND CONTENT-BASED RESTRICTIONS, SPECIFICALLY AMENDING SECTIONS 32-1 PURPOSE OF REGULATIONS; SCOPE, 32-2 DEFINITIONS, AND 32-4 EXEMPT SIGNS ; REPLACING SECTION 32-5 SPECIALLY SIGNS WITH SECTION 32-5 TEMPORARY SIGN REGULATIONS, DELETING SECTION 32-7 POLITICAL SIGNS, AMENDING SECTION 32-8(d) BILLBOARDS, AMENDING SECTION MISCELLANEOUS RESTRICTIONS AND PROHIBITIONS, AMENDING SECTION OFF-PREMISES SIGNS AND BILLBOARDS ; PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING ORDINANCES; EFFECTIVE DATE AND INCORPORATION INTO THE CODE, the second time by title only. City Manager Larese highlighted the request included in the agenda package. The Planning and Zoning Commission recommended sending this ordinance back to staff to allow additional time to revise language to address additional signage during specified timeframes, such as elections and for temporary signs associated with properties for sale. The vote was 5-0. As directed by Council on September 25, 2018, the following changes were made to the ordinance. Page 5 of 14

6 * The maximum number of temporary signs per property has been reduced to one (1), with no time limit. * Additional signage is permitted for sixty (60) days prior to, and seven (7) calendar days following, any Federal State, Brevard County or City election. * Balloons sign regulations will remain as existing codified language. Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. Member Diesel moved to approve Ordinance No Relating to Temporary Signs, as recommended. Member Stoeckel seconded the motion. The roll call was: Mayor Johnson Vice-Mayor Barringer Member Stoeckel Member Diesel The motion carried unanimously. Ordinance No Comprehensive Plan Evaluation and Appraisal Review (EAR) Based Comprehensive Plan Amendments Public Hearing City Attorney Broome 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 OF TITUSVILLE, BY AMENDING THE FUTURE LAND USE, TRANSPORTATION, CONSERVATION, CAPITAL IMPROVEMENT, INFRASTRUCTURE, HOUSING, COASTAL MANAGEMENT, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION AND PUBLIC SCHOOL FACILITIES ELEMENTS OF THE COMPREHENSIVE PLAN AS IDENTIFIED IN THE MAJOR ISSUES OF THE EVALUATION AND APPRAISAL REPORT (EAR); PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Manager Larese highlighted the request included in the agenda package. The Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval with the following changes: (1) Consider amending the 20% threshold for properties located within the Coastal High Hazard Area; (2) Modify, rather than delete, CE Policies and to keep the requirement for an environmental survey; and (3) Remove the references to the Taylor Creek Reservoir from the Infrastructure Element in Objection 2.5(D)(1). The vote was 5-0. Page 6 of 14

7 Community Development Director Peggy Busacca stated that to address a request from the School District, the staff added a level of service statement to Capital Improvements Element (CIE) Policy TABLE OF ACCEPTABLE Level of Service for Public Schools. The staff believed that this would address the School District's question related to the changes proposed in the Public Schools Facilities Element (PFSE). Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. Member Diesel moved to approve Ordinance No Comprehensive Plan Evaluation and Appraisal Review (EAR) Based Comprehensive Plan Amendments Public Hearing, as recommended, with changes as stated in the staff report. All changes were incorporated into the ordinance that was published with the agenda package. Member Stoeckel seconded the motion. The roll call was: Vice-Mayor Barringer Member Stoeckel Member Diesel Mayor Johnson The motion carried unanimously. Ordinance No Capital Improvement Element Annual Update City Attorney Broome read ORDINANCE NO , AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, UPDATING THE FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE FOR THE HORIZON RELATING TO THE CAPITAL IMPROVEMENT ELEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Manager Larese highlighted the request included in the agenda package. The Planning and Zoning Commission/Local Planning Agency recommended approval of the ordinance. Mayor Johnson opened the public hearing. As no one wished to speak, the public hearing was closed. Member Diesel moved to approve Ordinance No Capital Improvement Element Annual Update, as recommended. Member Stoeckel seconded the motion: Page 7 of 14

8 The roll call was: Member Stoeckel Member Diesel Mayor Johnson Vice-Mayor Barringer The motion carried unanimously. Right-of-Way Application No : Request to Vacate a Public Right-of-Way City Manager Larese advised that the applicant, Loys Ward, on behalf of Steven L. Johnson, requested the public right-of-way located at Parker Drive North be vacated. The applicant requested the right-of-way (an unimproved right-of-way) be vacated for purposes of developing a vacant lot located to the rear of 3945 Alpine Lane. If the right-of-way was vacated, then the staff recommended conditions including: a) That fully executed access and utility easements over the entire vacated right-of-way are received from those property owners adjacent to the right-of-way in a form acceptable to the City and consistent with the draft easement presented to Council at the public hearing. This Resolution shall not be recorded on the public records until compliance with all conditions is achieved and the approved easements are received by the City. Upon receipt, the easements shall be held in escrow pending the fulfillment of the conditions of this vacation. b) That all necessary deeds, easements, and/or variances are obtained to ensure that those properties abutting the vacated portion of Parker Dr. have legal access to a public right-of-way. c) In the event that compliance with the conditions set forth herein is not achieved within ninety (90) days of the date of approval of this vacation, this Resolution shall become null and void. The Planning and Zoning Commission recommended approval, 5-1 with staff's recommended conditions from the Resolution Section 2(a), (b), and (c) and also recommended that Section (c) be changed from 90 days to 180 days. Recommendation also included that the owner/applicant must agree not to build over any water lines or sewer lines and it was up to the owner/applicant to locate all the utility lines prior to building. Staff recommend denial of Right-of-Way Vacation No , and related Resolution No vacating, abandoning, and discontinuing certain public streets located at Parker Drive located North of Block 62 Revised Plat of Indian River City Plat Book 4, Page 12 in Section 22, Township 22 South, Range 32 East. Mayor Johnson opened the public hearing. Loys Ward stated that as part of the application process the users of the right-of-way were contacted and five (5) of the six (6) had no objection to the vacation right-of-way. The sixth who Page 8 of 14

9 was Water Resources objected due to the location and lack of access to sewer and water lines that were located in the right-of-way. He advised that the map that was included in the agenda package misrepresented the exact locations of those lines. He felt that due to the location of the lines, there was plenty of room to build a 16 standard residential drive-way. He stated that he and his client were in agreement with Planning and Zoning s recommendations and conditions and they would like to move forward with vacating the right-of-way and pursue meeting the conditions. Water Resources Director Sean Stauffer advised that the reason the Water Resource staff was in objection to the right-of-way vacation, was due to the fact, that they knew the general location of the utilities, but did not have the surveyed locations of the utilities or a survey of what was to be vacated. Mr. Ward advised that he and his client would agree to a condition to provide a survey showing the location of existing utilities and also agree to work with Water Resource staff to put the driveway where it would be satisfactory. The public hearing was closed. Member Diesel moved to approve Right-of-Way Application No : Request to Vacate a Public Right-of-Way with Planning and Zoning s recommended conditions to include Resolution No Member Stoeckel seconded the motion. Community Development Director Busacca asked for clarification of the motion whether it was to approve with the Planning and Zoning conditions plus the two (2) additional conditions; 1) The applicant would provide a survey of pre-existing utilities and 2) Install the drive-way in a location that was satisfactory to staff at Water Resources. Member Diesel stated that Community Development Director Busacca was correct. His motion would include the two (2) additional conditions. Member Stoeckel s second held. The roll call was: Member Diesel Mayor Johnson Vice-Mayor Barringer Member Stoeckel The motion carried unanimously. ORDINANCES-FIRST READING Page 9 of 14

10 Small Scale Amendment (SSA) San Mateo Village City Attorney Broome 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 OF TITUSVILLE, BY CHANGING THE LAND USE DESIGNATION ON APPROXIMATELY 0.44 ACRES OF PROPERTY LOCATED AT SOUTHEAST CORNER OF SISSON ROAD AND SAN MATEO BOULEVARD, HAVING A PARCEL ID NUMBER AV-*-89.03, BY REPLACING THE PLANNED UNIT DEVELOPMENT FUTURE LAND USE DESIGNATION TO THE MEDIUM DENSITY RESIDENTIAL FUTURE LAND USE DESIGNATION; AND PROVIDING 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 REPLACING THE PRESENT PLANNED UNIT DEVELOPMENT ZONING (PUDZ) ZONING DISTRICT WITH THE RESIDENTIAL MANUFACTURED HOUSING (RMH-1) ZONING DISTRICT ON APPROXIMATELY 0.44 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER SISSON ROAD AND SAN MATEO BOULEVARD, HAVING A PARCEL ID NUMBER AV-*-89.03; AND PROVIDING FOR AN EFFECTIVE DATE and ORDINANCE NO , AN ORDINANCE, AMENDING ORDINANCE NO OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE CONDITIONS OF APPROVAL OF SAID ORDINANCE FOR THE PLANNED UNIT DEVELOPMENT ZONING (PUDZ) ZONING DISTRICT ON APPROXIMATELY 0.44 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER SISSON ROAD AND SAN MATEO BOULEVARD, HAVING A PARCEL ID NUMBER AV-*-89.03; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by tile only. City Manager Larese advised that the Planning and Zoning Commission recommended approval, 6-0. An additional motion was approved on the Ordinance amending the conditions of approval of said ordinance for the Planned Unit Development Zoning (PUDZ) Zoning District, to remove the requested Condition No. 2, but add a new condition that the parking area would consist of a minimum 20 spaces deeded to the San Mateo Homeowners' Association. OLD BUSINESS - None Page 10 of 14

11 NEW BUSINESS - None PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) - None MAYOR AND COUNCIL REPORT Mayor Johnson submitted a written report. Member Diesel requested the City recognize Roderick Harris that retired from the Brevard County Parks and Recreation. Consensus of Council was for staff to prepare a letter for the Mayor s signature and the letter would be presented by Member Diesel at an event held by the County. Member Diesel requested the City recognize Izell Hickman at a future City Council meeting for his involvement in the community, including his work at the Gibson Center. Consensus of Council was for staff to prepare a resolution and present the resolution to Mr. Hickman at a future City Council meeting. Member Diesel commented on having only one post office in the City of Titusville and the possibility of opening another post office on the south side of the City limits. City Manager Larese advised that staff would research the procedure for requesting an additional post office for Titusville. Member Stoeckel advised that she attended her first Space Coast League of Cities (SCLC) meeting on Monday, October 8, She advised that the SCLC requested the City s legislative priorities and recommended that the Council discuss their priorities prior to the Space Coast League of Cities meeting in November Page 11 of 14

12 City Manager Larese advised that he would present last year s priorities to Council at the next meeting for Council s approval, adjustments, and/or additions. CITY MANAGER S REPORT City Manager Larese submitted a written report and highlighted as followed: Action Items Cancellation of City Council Meetings It was customary for City Council to cancel the second regularly scheduled Council meetings during the month of December. This year, the meetings fell on Christmas Day, Tuesday, December 25, It would be appropriate for Council to vote on whether to cancel the second Council meetings on December 25, Member Stoeckel moved to cancel the second regular City Council meetings scheduled for Tuesday, December 25, 2018, as recommended. Member Diesel seconded the motion. The motion carried unanimously. Informational Items FabLab Status Update Veterans Homebuyers Program Inspiration Village Letters of Appreciation Certified Production Technician Training Scholarships Special Meetings and Events Boards & Commission Recognition Dinner, October 15, 2018, 6:00 River s Edge Event Center Last Regular Meeting of Current Council, November 27, 2018, 10:30 City Hall Swearing of New Council, November 27, 2018, 11:00 City Hall Regular City Council Meeting Presentations, November 27, 2018, 5:30 City Hall Regular City Council Meeting, November 27, 2018, 6:30 City Hall Conservation land Use, Wetlands and PD Zoning Workshop, November 29, 2018, 5:00 City Hall Page 12 of 14

13 City Manager Larese advised there would be a special City Council meeting on Wednesday, October 17, 5:30 p.m. The purpose of the meeting was for an Impasse Proceeding International Association of Fire Fighter (IAFF) Local Vice-Mayor Barringer requested a copy of the agreement between the City and Project Based Learning, Inc., prior to the next meeting. CITY ATTORNEY S REPORT City Attorney Broome advised that previously the Council authorized his office to acquire SunValley Subdivision lots that would enable the City to protect their well fields. He stated that he had another contract to purchase a lot that the Water Department requested the City acquire. He asked that the Council accept the warranty deed conveying Lot 10, Block 70 of SunValley Subdivision to the City of Titusville. Member Diesel moved to accept the warranty deed conveying Lot 10, Block 70 of the SunValley Subdivision to the City of Titusville, as requested. Member Stoeckel seconded the motion. The motion carried unanimously. City Attorney Broome advised that he had received an from Mr. Rich Siwica, the Attorney for the International Association of Fire Fighters (IAFF) Union impasse hearing, requesting an extension to submit the union s proposals from Wednesday, October 10, 5:00 p.m. to Friday, October 12, 5:00 p.m. Discussion ensured on alternate dates and times for submittal of the union s proposals. Member Diesel moved to extend the time for the submittal of the written proposal on the union s position for the Impasse Proceeding scheduled for Wednesday, October 17, 2018 to Friday, October 12, 2018 by 10:00 a.m. Member Stoeckel seconded the motion. The motion carried unanimously. City Attorney Broome advised that Member Nelson had requested information on a Municipal Resort Tax. As she was not present at that meeting, he would provide the report at the October 23, 2018 regular City Council meeting. Page 13 of 14

14 With no further business, the meeting adjourned at 8:00 p.m. ATTEST: Wanda F. Wells, City Clerk Walt Johnson, Mayor Page 14 of 14