Regular City Council - September 27, 2022 at 6:30 PM

City Council 

Regular Meeting

September 27, 2022

The City of Titusville City Council met in regular session on Tuesday, September 27, 2022, at Titusville City Hall, second floor, Council Chamber, 555 South Washington Avenue, Titusville, Florida 32796. Mayor Diesel called the City Council meeting to order at 7:39 p.m., not 6:30 p.m. This was due to the regular City Council meeting at 5:30 p.m. for special recognitions and presentations ran late.

Those present in the Council Chamber included Mayor Daniel E. Diesel, Vice-Mayor Robert L. Jordan, Jr., and City Council Members Joe C. Robinson and Dr. Sarah Stoeckel. Council Member Jo Lynn Nelson was absent. City Manager Scott Larese, City Attorney Richard Broome, and City Clerk Wanda Wells were also present. Assistant City Clerk Donhoff completed the minutes of the meeting. 

Mayor Diesel requested a moment of silence. He then led those present in the Pledge of Allegiance to the Flag. City Clerk Wanda Wells read the procedures for public comment and participation. 

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APPROVAL OF MINUTES 

Motion:

Vice-Mayor Jordan moved to approve the minutes of the regular City Council meeting on August 9, 2022 and special City Council meeting on September 14, 2022, as submitted. Member Stoeckel seconded the motion and it carried unanimously. 

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Council made two modifications to the meeting agenda. 

Motion:

Vice-Mayor Jordan moved to modify the Council agenda and immediately hear Agenda Item 9 C - Conditional Use Permit (CUP) No. 5-2022 - Indian River City United Methodist Church (IRCUMC) Challenge Course. Member Stoeckel seconded the motion and it carried unanimously. 

Motion:

Vice-Mayor Jordan moved to modify the Council agenda and add an item to the City Manager’s Report (Agenda Item 15 A), by adding a request from the Brevard County School Board to provide a presentation at an upcoming Council meeting. Member Stoeckel seconded the motion and it carried unanimously. 

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City Attorney Broome reviewed the Quasi-judicial Rules of Procedure. 

Mayor Diesel commented on his involvement with the Indian River City United Methodist Church; however, he advised he had not formed an opinion on Conditional Use Permit Application No. 5-2022. 

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Agenda Item 9 C – 

Conditional Use Permit (CUP) No. 5-2022 - Indian River City United Methodist Church (IRCUMC) Challenge Course - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing for CUP Application No. 5-2022 to allow an outdoor challenge course as an outdoor recreation use in the Community Commercial (CC) zoning district. The property was located at the Indian River City United Methodist Church, 1355 Cheney Highway. This was a quasi-judicial item.

The Planning and Zoning Commission unanimously recommended approval at their meeting on September 21, 2022.

Community Development Director Brad Parrish reviewed information from the staff report provided in the Council agenda packet. 

Member Stoeckel and staff discussed her questions on the City’s Code requirements, the applicant’s request, the property’s zoning designation, the staff report addressed most of her concerns, and whether or not outdoor lighting would be a nuisance if requested in the future. 

Vice-Mayor Jordan and staff discussed his questions on the requirements to have lighting installed for use of the challenge course after dark (evening hours), if the applicant pursued this request in the future. He and staff also discussed the zoning of neighboring properties. 

Member Stoeckel and staff discussed her questions on whether it was possible to spare the applicant paying additional review fees, if the applicant desired installing (outdoor) lighting at the proposed challenge course in the future. Discussion ensued that a condition might be imposed that allowed for some amount of lighting up to a certain lumen (measurement of light), but beyond any additional brightness, the applicant would need to return to have their request for lighting considered.  

Member Robinson liked the suggested lighting restriction.

Vice-Mayor Jordan and staff discussed how some businesses were required to have down-lighting. He also wanted to spare the applicant to some degree of having to return to the City on the matter of installing lighting. 

Mayor Diesel opened the public hearing.

Steve Baggett (a challenge course builder or operator) reviewed information on the purpose of the proposed challenge course, including team building and conflict resolution exercises, etc. He also reviewed his customer affiliations in the central Florida community, some including Lead Brevard, college(s), local police departments and programs that sought to engage and interact with youth, etc. Mr. Baggett advised that most of the time challenge courses were used from dawn until dusk.

Kelley McLester, on behalf of Conditional Use Permit Application No. 5-2022, was available to answer any questions. 

Stan Johnston reviewed his involvements with the Indian River City United Methodist Church. Next, he discussed his dislike of Council making (administrative) changes to the meeting agenda and not allowing the public to speak on such changes. Mr. Johnston advised that he supported Conditional Use Permit Application No. 5-2022. 

As there was no one else that wished to speak, Mayor Diesel closed the public hearing. 

Vice-Mayor Jordan indicated his desire to make a motion to approve the request. City Attorney Broome confirmed that Vice-Mayor Jordan felt the applicant’s request met the City’s Code requirements. 

Motion:

Vice-Mayor Jordan moved to approve Conditional Use Permit Application No. 5-2022 to allow an outdoor challenge course as an outdoor recreation use in the Community Commercial (CC) zoning district. Member Stoeckel seconded the motion for discussion. 

Council and staff discussion ensued on staff recommendations, whether to impose a condition on lighting (brightness or lumen level and concern for light shining on neighboring properties), if the dawn to dusk requirement was eliminated, the concept of not requiring the applicant to seek Council’s approval, but staff’s administrative approval if the applicant returned with a request for lighting, etc. Vice-Mayor Jordan was interested in the applicant not having to pay additional costs if they came back to request outdoor lighting from the City. 

Per City Attorney Broome’s request, Community Development Director Parrish read aloud the Code criteria on lighting requirements (Code Section 30-192. – Site lighting standards).  

Vice-Mayor Jordan moved to amend the motion on the floor to include approving Conditional Use Permit Application No. 5-2022 to allow an outdoor challenge course as an outdoor recreation use in the Community Commercial (CC) zoning district, as modified and with the condition that the applicant would propose any plans for lighting to staff for administrative approval.  The proposal must be consistent with the Land Development Regulations, Section 30-192.

Member Stoeckel’s second held and the roll call vote was: 

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

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Motion:

Vice-Mayor Jordan moved to modify the Council agenda and immediately hear Agenda Item 9 B - Development Agreement (DA) No. 1-2022 Tranquility (F/K/A Antigua Bay) Third Amendment. Member Stoeckel seconded the motion and it carried unanimously. 

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Agenda Item 9 B –

Development Agreement (DA) No. 1-2022 Tranquility (F/K/A Antigua Bay) Third Amendment - 

City Manager Larese highlighted the request provided in the Council agenda packet. The request was to conduct the public hearing and consider the Third Amendment to the Tranquility (formerly known as or F/K/A Antigua Bay) Development Agreement. The Planning and Zoning Commission, acting as the Local Planning Agency, unanimously recommended approval at their meeting on September 21, 2022.

Community Development Director Parrish reviewed information from the Council agenda packet. The information included Code criteria (modification table) that staff used to determine if the requested changes were categorized as substantial, which required Council approval, or less substantive that would allow for administrative approval by staff. Community Development Director Parrish further highlighted proposed changes to the development agreement from a strike-through and underline copy in the Council agenda packet. 

Vice-Mayor Jordan felt the most important thing was that the developer would maintain the number of homes that would be built. This condition was not indicated to change in the proposed amendment. Going from 5-years to 10-years was also not unreasonable to him. Projects took time to complete. Regarding open space, he commented on his understanding of a request made to install a road at the site. All-in-all, Vice-Mayor Jordan felt the developer’s proposed changes were reasonable. 

Mayor Diesel supported Vice-Mayor Jordan’s comments, although he advised that he would like the developer to complete their project sooner than 10-years, but he was also okay with 10-years.  

Member Stoeckel and staff discussed her questions on whether rezoning the site’s open space area was necessary, due to a road or roundabout was proposed for installation in a portion of the open space area. The discussion also reviewed Code criteria that required the request to be considered by the Council, due to open space area boundaries were involved, etc. 

Member Robinson felt the project had been ongoing for some time and he did not support an extension of more than 5-years. Vice-Mayor Jordan disagreed, due to he felt the project was complex and Code requirements were enforced to guide the project. Vice-Mayor Jordan also felt the Council should not micromanage an important project. 

Member Robinson supported oversight. Discussion ensued that the project was still in the view of staff for other parameters or requirements (as a form of oversight). 

Member Stoeckel and staff discussed that Florida Statutes allowed development agreements to be pending or extended up through 30-years. 

Mayor Diesel opened the public hearing.

Rodney Honeycutt, P.E., on behalf of the proposed development agreement, indicated that the project would consist of 2,400 units (no change). He further reviewed items that he and his client, who was unavailable due to the impending hurricane (Hurricane Ian), were concerned with, being the rationale for getting Council’s support for an extension(s) of time for their development agreement, examples of items that required review and time to complete, the Florida Department of Transportation’s (FDOT) involvement in the roundabout, etc.  

Robin Fisher commented on the significant amount of time required to build infrastructure and phases leading up to the completion of projects. He felt it was a difficult task to build 2,400 units in five years. He referenced his affiliations with a well-established developer in Viera and the number of units an unrelated developer was able to build in one year, which fell short of the total number of units that were projected to complete the entire project. 

Stan Johnston felt Rodney Honeycutt did good work. He advised that he did not object to the proposed project. 

As there was no one else that wished to speak, Mayor Diesel closed the public hearing. 

Vice-Mayor Jordan, Council, and staff discussed Vice-Mayor Jordan’s inquiries on the length of time (years) the developer might be given to complete the project. They also discussed the Planning and Zoning Commission’s (P&Z) recommendation of 10-years. The proposed development agreement (the third amendment thereof), the P&Z’s, and staff’s analysis was based on 10-years. 

Motion:

Vice-Mayor Jordan moved to approve Development Agreement (DA) No. 1-2022 and the Third Amendment to the Tranquility (formerly known as Antigua Bay) Development Agreement, as recommended. 

Member Stoeckel seconded the motion. She clarified the pending motion of approval was based on what the developer proposed in their submission to the City and staff recommendation(s). The indication was yes. 

The roll call vote was: 

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  No

The motion carried, 3-yes to 1 no, with Member Robinson being in objection. 

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SPECIAL RECOGNITIONS & PRESENTATIONS – None. 

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BOARDS AND COMMISSIONS

North Brevard Library District Board – City Manager Larese highlighted the request provided in the Council agenda packet. The request was to reappoint one (1) regular member to the North Brevard Library District Board for a two (2) year term to expire on September 30, 2024. The term of Regular Member Suzanne Noel-Copeland was due to expire on September 30, 2022. Ms. Noel-Copeland had expressed her desire to continue serving on this board. No other applications were on file.

Motion:

Vice-Mayor Jordan moved to reappoint Suzanne Noel-Copeland as a regular member of the North Brevard Library District Board, for a two-year term to expire on September 30, 2024, as recommended. Member Stoeckel seconded the motion and the roll call vote was: 

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

The motion carried unanimously. 

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Historic Preservation Board - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to appoint one (1) alternate member to the Historic Preservation Board for an unexpired term to expire on October 31, 2023.   There was currently one vacancy for an alternate member with a term to expire on October 31, 2023. There was one (1) application on file from Ms. Ulla Rupp Crofton (Local historian, and/or architectural or art historian)

Motion:

Vice-Mayor Jordan moved to appoint Ulla Rupp Crofton as an alternate member for an unexpired term to expire on October 31, 2023, as recommended. Member Stoeckel seconded the motion and the roll call vote was: 

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously. 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS)

Stan Johnston reviewed an email he sent to the Council and his concerns on a project (SNJ Oaks). 

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CONSENT AGENDA

City Manager Larese read Consent Agenda Items A through D, as followed:

Stan Johnston submitted public speaking card on each of the Consent Agenda items. He discussed why he was neutral on each of the requests. 

Motion:

Vice-Mayor Jordan moved to approve Consent Agenda Items A through D, in accordance with recommendations. Member Stoeckel seconded the motion and the roll call vote was:

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

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ORDINANCES – SECOND READING, PUBLIC HEARING AND RELATED ACTION

Ordinance No. 36-2022 Modifications to Section 21-1(b) to add criteria to connect to City Utility Services- 2^nd Reading – City Attorney Broome read Ordinance No. 36-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, REVISING, MODIFYING, AND AMENDING CHAPTER 21-1(B) OF THE CODE OF ORDINANCES BY AMENDING THE REQUIREMENTS FOR WATER OR SEWER SERVICE TO NON-CONTIGUOUS PROPERTIES WITHIN THE CITY’S SERVICE AREA; 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. A revised copy of the proposed ordinance, with strikethrough and underline changes, was distributed to the Council. 

Mayor Diesel opened the public hearing.

Stan Johnston reviewed his concerns on peak flows caused by rain events, not having enough capacity, 4-Log virus, water pollution, etc. 

As there was no one else that wished to speak, the public hearing was closed. 

Motion:

Member Robinson moved to approve Ordinance No. 36-2022, as recommended. Vice-Mayor Jordan seconded the motion and the roll call vote was:

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously. 

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Development Agreement (DA) No. 1-2022 Tranquility (F/K/A Antigua Bay) Third Amendment – This item was heard earlier in the meeting. 

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Conditional Use Permit (CUP) No. 5-2022 - Indian River City United Methodist Church (IRCUMC) Challenge Course – This item was heard earlier in the meeting. 

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ORDINANCES-FIRST READING

Ordinance No. 37-2022 Adopting the 2022 CRA Redevelopment Plan Amendment – City Attorney Broome read Ordinance No. 37-2022 - AN ORDINANCE OF THE CITY OF TITUSVILLE, FLORIDA, AMENDING ORDINANCE NO. 76-1984 DATED AUGUST 1, 1984, WHICH APPROVED AND ADOPTED THE COMMUNITY REDEVELOPMENT PLAN FOR THE COMMUNITY REDEVELOPMENT AGENCY CREATED ON OCTOBER 12, 1982, BY AMENDING SAID PREVIOUSLY ADOPTED PLAN; AMENDING ORDINANCE 31-1996, ORDINANCE 19-2004, ORDINANCE 9-2012, ORDINANCE 19-2014 AND ORDINANCE 20-2015 THAT UPDATED THE REDEVELOPMENT PLAN; PROVIDING FOR RESOLUTION OF ANY CONFLICTS; PROVIDING FOR RATIFICATION OF PREVIOUS ACTIONS OF THE COMMUNITY REDEVELOPMENT AGENCY AND THE CITY COUNCIL; ADOPTING CERTAIN AMENDMENTS THERETO TO THE COMMUNITY REDEVELOPMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE, for the first time by title only. 

City Manager Larese highlighted the request provided in the Council agenda packet. 

The Planning and Zoning Commission acting as the Local Planning Agency, unanimously recommended approval at their meeting on September 21, 2022.

Member Robinson discussed the geographical boundaries of the Community Redevelopment Plan. 

Stan Johnston submitted a public speaking card. He expressed concerns or opinions on items he felt the City was avoiding that affected the public’s health and safety. 

The public hearing for Ordinance No. 37-2022 was scheduled for the regular City Council meeting on October 11, 2022.

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OLD BUSINESS – None. 

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NEW BUSINESS

Fiscal Year 2022 Budgetary Carry Forward List - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve the Fiscal Year 2022 Budgetary Carry Forward List. 

Stan Johnston submitted a public speaking card. He asked the City to be careful on the management of money. 

Motion:

Vice-Mayor Jordan moved to approve the Fiscal Year 2022 Budgetary Carry Forward List, as recommended. Member Stoeckel seconded the motion and the roll call vote was:

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

The motion carried unanimously. 

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Award and authorization to negotiate an agreement for the creation of Architectural Styles and Guidelines for the City - City Manager Larese highlighted the request provided in the Council agenda packet. The request was to approve the award and authorize the City Evaluation Team to negotiate a purchase order agreement with Johnson, Mirmiran & Thompson (JMT), Inc. in the amount not to exceed $40,000 for the creation of Architectural Styles and Design Guidelines for the City of Titusville.

Vice-Mayor Jordan and staff discussed his questions related to the grant funding. 

Stan Johnston submitted a public speaking card. He desired the Council to spend money on items that concerned him. 

Motion:

Vice-Mayor Jordan moved to approve the award and authorize the City Evaluation Team to negotiate a purchase order agreement with Johnson, Mirmiran & Thompson (JMT), Inc. in the amount not to exceed $40,000 for the creation of Architectural Styles and Design Guidelines for the City of Titusville, as recommended. Member Stoeckel seconded the motion and the roll call vote was:

Member Stoeckel                    Yes

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

The motion carried unanimously. 

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Water Service Agreement - 1035 South Carpenter Road - City Manager Larese highlighted the request provided in the Council agenda packet. The request, contingent upon the approval of Ordinance 36-2022, was to approve the execution of a water service agreement for 1035 South Carpenter Road and authorize the Mayor to execute the agreement. Additionally, staff distributed a revised agreement allocating 300 gallons per day of service to the property.   

Stan Johnston submitted a public speaking card. He expressed concern whether the City’s sewage treatment system had enough capacity to support the request. He also felt individuals should be notified of 4-Log virus, etc. 

Motion:

Vice-Mayor Jordan moved to approve the execution of a water service agreement for 1035 South Carpenter Road and authorize the Mayor to execute the agreement, as recommended and with the revised agreement allocating 300 gallons per day of service to the property. Member Stoeckel seconded the motion and the roll call vote was:

Member Robinson                  Yes

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

The motion carried unanimously. 

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Water Service Agreement - 1415 South Carpenter Road – City Manager Larese highlighted the request provided in the Council agenda packet. The request, contingent upon approval of Ordinance 36-2022, was to approve the execution of a water service agreement for 1415 South Carpenter Road and authorize the Mayor to execute the agreement. Additionally, staff distributed a revised agreement allocating 300 gallons per day of service to the property.   

Stan Johnston submitted a public speaking card. He expressed concern whether the City’s sewage treatment system had enough capacity to support the request.

Motion:

Member Robinson moved to approve the execution of a water service agreement for 1415 South Carpenter Road and authorize the Mayor to execute the agreement, as recommended and with the revised agreement allocating 300 gallons per day of service to the property. Vice-Mayor Jordan seconded the motion and the roll call vote was:

Member Nelson                      Absent

Mayor Diesel                          Yes

Vice-Mayor Jordan                 Yes

Member Stoeckel                    Yes

Member Robinson                  Yes

The motion carried unanimously. 

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PETITIONS AND REQUESTS FROM THE PUBLIC PRESENT (NON-AGENDA ITEMS) – None. 

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MAYOR AND COUNCIL REPORTS

Mayor's Report - Mayor Diesel submitted his written report.

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Council Reports - 

Member Stoeckel requested the Council’s approval to attend the following Florida League of Cities Conferences in Fiscal Year 2022/2023: Legislative Conference, Legislative Action Days, and Annual Conference.  

Motion:

Vice-Mayor Jordan moved to approve Member Stoeckel’s request to travel and attend the following Florida League of Cities Conferences in Fiscal Year 2022/2023: Legislative Conference, Legislative Action Days, and Annual Conference.   Member Robinson seconded the motion. 

Stan Johnston waived his right to speak.

The motion carried unanimously. 

Member Stoeckel confirmed that the costs for the three conferences was budgeted and approved by City Council in the Fiscal Year 2022/2023 budget.  

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Vice-Mayor Jordan requested staff review the process for site development permits to determine if time could be extended from one year to multiple years. 

Based on the discussion, Community Development Director Parrish advised that staff would come back at the next City Council meeting (October 11, 2022) with additional information for discussion.  The information would include the current language of the Code, staff’s interpretation, etc.  

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The remaining reports from City Council were informational only, as followed: 

Member Robinson briefly commented on the City’s recent budget hearings, attending an event with others at the Harry T. Moore and Harriet Moore Museum, etc.  

Mayor Diesel commented on the impending hurricane (Hurricane Ian) that was estimated to make landfall on Florida’s south or central west coast. The hurricane was estimated to hit as a Category 4 and move across the State toward Brevard County. To this, City Manager Larese advised that the City had declared a State of Emergency. City Manager Larese also reviewed information on modified City and County operations over the next few days, public shelters, anticipated rainfall amounts, disseminating information to the public, upcoming briefings with Council, etc. 

Mayor Diesel commented on the upcoming Boards and Commissions Recognition Ceremony. He was scheduled to attend a couple events on the same evening. 

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CITY MANAGER’S REPORT

City Manager's Report - City Manager Larese submitted his written report. Two items required the City Council’s consideration. 

First, City Manager Larese reviewed a request by the Brevard County School Board to provide a presentation on the school budget and millage rate (item added to the Council agenda earlier in the meeting). The presentation was estimated to be approximately 10 – 15 minutes in length. 

Stan Johnston submitted a public speaking card. He felt the School Board should be limited to 5-minutes for their presentation. 

Motion:

Vice-Mayor Jordan moved to authorize the Brevard County School Board to provide a presentation on the school budget and millage rate at the regular City Council meeting on October 11, 2022. Member Stoeckel seconded the motion and it carried unanimously. 

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Cancellation of City Council Meetings – 

Motion:

Vice-Mayor Jordan moved to cancel the regular scheduled meetings on December 27, 2022 at 5:30 p.m. (Special Recognition and Presentation Meeting) and 6:30 p.m. (Regular Meeting). Member Stoeckel seconded the motion. 

Stan Johnston waived his right to speak.  

The motion carried unanimously. 

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The remaining item on the City Manager’s Report was the date of the Board and Commissions Recognition Ceremony scheduled for October 6, 2022. This was informational only.

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CITY ATTORNEY’S REPORT – None. 

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With no further business to discuss, the meeting adjourned at 9:28 p.m.