City Council Regular Meeting February 10, 2015 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, February 10, 2015. Mayor Jim Tulley called the meeting to order at 6:45 p.m. Present were Mayor Jim Tulley, Vice-Mayor Walt Johnson, and Members Matthew Barringer, Martha Long, and Rita Pritchett. Also in attendance were City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells. Administrative Secretary Debbie Denman completed the minutes. Pastor Roger Hackenberg of Hope Community Fellowship was not available to give the invocation; therefore, Pastor Dori Valley of Hope Community Fellowship gave the invocation. Mayor Tulley then led those present in the Pledge of Allegiance. Mayor Tulley read the public speaking procedures for the meeting. MINUTES Vice-Mayor Johnson moved to approve the minutes of the special City Council meeting on January 27, 2015 (5:30 p.m.), as submitted. Member Pritchett seconded the motion. SPECIAL RECOGNITIONS & PRESENTATIONS - None BOARDS AND COMMISSIONS Board of Adjustments and Appeals Semi-Annual Report Mayor Tulley advised that the Board of Adjustments and Appeals Semi-Annual Report was a written report. [1]
Member Barringer moved to approve the Board of Adjustments and Appeals Semi- Annual report, as written. Member Pritchett seconded the motion. The motion carried unanimously. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT (OPEN FORUM) John Scianna expressed his disappointment with the outcome of a past agenda item regarding a proposed gas facility west of Bellwood, Florida. He advised that he submitted a request to table that item to allow additional time for the residents involved to research the issue and his request was not being discussed. Mr. Scianna advised that he felt the residents should have been considered before an outcome was decided. Member Barringer asked whether the developer of the project provided notification of the community meetings regarding the proposed gas facility. Executive Director Larese advised that the developer provided information that fortythree (43) public meetings were held at various locations. Stan Johnston asked the question How could the City put a dam in a ditch just below an area where houses are in the flood plain in regards to Bakers Subdivision. He stated that the City had withheld information from FEMA and advised Council of his concerns regarding the Flood Zone for Bakers Subdivision. CONSENT AGENDA Member Barringer moved to approve Consent Agenda Items A, through D in accordance with recommendations upon reading. Member Pritchett seconded the motion. Consent Agenda was read as followed by City Manager Larese. A. Award of Contract City Hall & Fire Headquarters Exterior Waterproofing - Approve the award of contract to McDine s Painting of Satellite Beach, FL for the exterior waterproofing of City Hall and Fire Headquarters (Projects GC1402 and GC1404, Capital Construction account 301-5555-580.65-00) in the amount of $55,600 for the base bid and optional items and authorize the City Manager to execute the contract. B. Award WHP Training Towers the Contract to Perform Determined Contracted Site Work and Construct the Fire Training Tower and Request Approval for Budget Amendment From MPRB Working Capital to Complete In-house Site [2]
Work Approval to award WHP Training Towers the contract for the construction of a Custom 1st Alarm Four Story Fire Training Simulator and associated site specific concrete and electrical work for a total cost of $425,311. In addition, approval was requested for a budget amendment transfer in the amount of $72,876 from MPRB working capital to complete permitting, land clearing site work and water line extension including the installation of two fire hydrants located at the training tower site. C. Advisability to Develop Standards for the Redevelopment of Golf Courses and to Develop an Ordinance Establishing a Development Permit Moratorium on the Redevelopment of Golf Courses for One Year - Approve advisability for staff to develop standards for the redevelopment of golf courses, and to develop an ordinance establishing a development permit moratorium on the redevelopment of golf courses for up to one (1) year to permit time to consider redevelopment standards. D. Titusville Police Department HVAC AHU and Ductwork Repair Contract to Johnson Controls, Inc. - Approve the award of sole source contract, subject to the resolution of the terms by the City Manager and the City Attorney, for the replacement of an existing Titusville Police Department Air-Handler Unit and ductwork repair to Johnson Controls, Inc. of Lake Mary, Florida in the amount of $50,970 (Project GC1407, Capital Construction account 301-5555-580.65-00) and authorize the Mayor to execute the contract. Additionally, approve the budget amendment included in the agenda package. ORDINANCES-SECOND READING, PUBLIC HEARINGS & RELATED ACTION Mayor Tulley read the Quasi-Judicial rules of procedure. Small Scale Amendment (SSA) No. 10-2014 from Residential Low Intensity to Commercial Low Intensity and Rezone from Single Family Medium Density (R-1B) to Community Commercial (CC) at 105 Pinedo Drive City Attorney Broome read ORDINANCE NO. 3-2015, AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING THE CODE OF ORDINANCES BY AMENDING ORDINANCE NO. 60-1988, WHICH ADOPTED THE COMPREHENSIVE PLAN OF THE CITY OF TITUSVILLE, BY CHANGING THE LAND USE DESIGNATION ON CERTAIN PROPERTY AT 105 PINEDO DRIVE FROM ITS PRESENT RESIDENTIAL LOW DENSITY DESIGNATION TO [3]
COMMERCIAL LOW INTENSITY DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE, and ORDINANCE NO. 4-2015, AN ORDINANCE AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING AN APPROXIMATE 0.51 ACRE PROPERTY LOCATED AT 105 PINEDO DRIVE FROM ITS PRESENT SINGLE FAMILY MEDIUM DENSITY (R-1B) ZONING TO THE COMMUNITY COMMERCIAL (CC) ZONING DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE, the second time by title only. City Manager Larese advised that the applicant, Loys Ward, on behalf of the owner Brautigam Family Limited Partnership, requested a future land use map amendment and rezoning of approximately 0.51 acres of vacant land at the southwest corner of the intersection of U.S. Highway 1 and Pinedo Drive for the purpose of constructing a retail store approximately 4,000 square feet in size. The amendment would change the current Residential Low Intensity future land use designation to the Commercial Low Intensity designation and rezone from the Single Family Medium Density (R-1B) zoning district to the Community Commercial (CC) zoning district. Mayor Tulley advised that the Planning and Zoning Commission, acting as the Local Planning Agency, recommended approval, 6-0. Mayor Tulley opened the public hearing. Loys Ward stated that he represented the property owner and clarified that the property fronted on US1. He advised that the two adjoining properties had the same land use designation and zoning, as the land use designation and zoning being requested for the property located at 105 Pinedo Drive. Member Long asked whether there would be nighttime activity on the site. Loys Ward advised that he did not believe there would be nighttime activity on the site. Sandra Lanier, owner of Brevard Ammo and Sporting Supply, stated that they were outgrowing their current building and would like to build approximately a 4,000 square foot building on the proposed site. She advised that there would not be any night time activity on the site. Mayor Tulley closed the public hearing. [4]
Vice-Mayor Johnson moved to approve Small Scale Amendment (SSA) No. 10-2014 and related Ordinance No. 3-2015, as recommended. Member Pritchett seconded the motion. The roll call was: Member Pritchett Yes Member Long Yes Mayor Tulley Yes Vice-Mayor Johnson Yes Member Barringer Yes Vice-Mayor Johnson moved to approve Ordinance No. 4-2015, as recommended. Member Barringer seconded the motion. The roll call was: Member Long Yes Mayor Tulley Yes Vice-Mayor Johnson Yes Member Barringer Yes Member Pritchett Yes ORDINANCES-FIRST READING Rezoning No. 1-2015 from Light Industrial Services and Warehousing (M-1) to Community Commercial (CC) at 2880 South Hopkins Avenue City Attorney Broome read ORDINANCE NO. 5-2015, AN ORDINANCE AMENDING ORDINANCE NO. 5-1993 OF THE CITY OF TITUSVILLE, FLORIDA, BY AMENDING THE ZONING MAP MADE A PART OF SAID ORDINANCE BY REFERENCE BY CHANGING A 0.55 ACRE PROPERTY LOCATED WEST OF HOPKINS AVENUE AND SOUTH OF HARRISON STREET, THE ADDRESS BEING 2880 SOUTH HOPKINS AVENUE, FROM ITS PRESENT LIGHT INDUSTRIAL SERVICES AND WAREHOUSING (M-1) ZONING CLASSIFICATION TO COMMUNITY COMMERCIAL (CC) ZONING CLASSIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE, the first time by title only. The public hearing was scheduled for the regular City Council meeting on Tuesday, February 24, 2015 at 6:30 p.m. [5]
OLD BUSINESS - None NEW BUSINESS Conditional Use Permit Extension Request Determination for CUP No. 11-2007 City Manager Larese advised that staff requested direction from the City Council regarding the intent of the conditional use permit expiration provisions specified in Section 47-119(f)(1)c.1 of the Land Development Regulations. Specifically, was it a requirement to have a current permit issued by the U.S. Army Corps of Engineers, Florida Department of Environmental Protection (FDEP) or St. Johns River Water Management District with any request for an extension of a Conditional Use Permit if such permit was not required for the proposed development? Council agreed on the intention of the Conditional Use Permit expiration provisions as it related to any request for an extension of a Conditional Use Permit if such permit issued by the U.S. Army Corps of Engineers, Florida Department of Environmental Protection (FDEP) or St. Johns River Water Management District was not required for the proposed development. PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (OPEN FORUM) Stan Johnston provided an example of an admission to guilt and stated that the construction of a dam at the Senior Center was an admission of guilt by the City. He showed maps of dams, ponds, and a relocated canal at the Senior Center and stated that FEMA should have received notification of the dams, ponds, and relocated canal and they did not receive notification. He advised that because FEMA did not receive that information from the City, there were people who paid for flood insurance that should not and that their houses were being devalued. He asked that Council correct the situation. MAYOR AND COUNCIL REPORT Mayor s Report Mayor Tulley submitted a written report. Mayor Tulley advised that he received a letter from the Secretary of the Florida Department of Transportation approving the request for the Indian River Lagoon National Scenic By-Way be extended around the north end of the Indian River Lagoon. [6]
He thanked Special Projects Coordinator Richard Stillwagon for his efforts in making that happen. Mayor Tulley advised he received a request to execute a letter supporting the Center for Advanced Manufacturing and Innovative Design at Florida Institute of Technology. Member Pritchett moved to approve authorize for Mayor Tulley to execute a letter supporting the Center for Advanced Manufacturing and Innovative Design at Florida Institute of Technology, as requested. Member Long seconded the motion. The motion carried unanimously. Member Barringer stated that the Florida League of Cities (FLC) adopted a resolution related to an Emergency Operations Center for Brevard County at their meeting on February 9, 2015. He advised that the FLC asked that city s within Brevard County that utilized that service to support them in their effort by adopting a resolution. Vice-Mayor Johnson moved to approve Resolution No. 2-2015 relating to funding for an Emergency Operations Center for Brevard County, as requested. Member Long seconded the motion. The roll call was: Mayor Tulley Yes Vice-Mayor Johnson Yes Member Barringer Yes Member Pritchett Yes Member Long Yes CITY MANAGER S REPORT City Manager Larese submitted a written report. Action Items - None Informational Items [7]
BY 2016 Strategic Planning Efforts Purchase of Police Vehicles Summary Budget Reports for October and November 2014 CITY ATTORNEY S REPORT - None With no further business, the meeting adjourned at 7:32 p.m. James H. Tulley, Jr., Mayor ATTEST: Wanda F. Wells, City Clerk [8]